TO COLONEL CARRINGTON.Paris, May 27, 1788.Dear Sir,—I have received with great pleasure your friendly letter of April 24th. It has come to hand after I had written my letters for the present conveyance, and just in time to addthis to them. I learn with great pleasure the progress of the new Constitution. Indeed I have presumed it would gain on the public mind, as I confess it has on my own. At first, though I saw that the great mass and groundwork was good, I disliked many appendages. Reflection and discussion have cleared off most of these. You have satisfied me as to the query I had put to you about the right of direct taxation. My first wish was that nine States would adopt it in order to ensure what was good in it, and that the others might, by holding off, produce the necessary amendments. But the plan of Massachusetts is far preferable, and will, I hope, be followed by those who are yet to decide. There are two amendments only which I am anxious for: 1. A bill of rights, which it is so much the interest of all to have, that I conceive it must be yielded. The 1st amendment proposed by Massachusetts will in some degree answer this end, but not so well. It will do too much in some instances, and too little in others. It will cripple the Federal Government in some cases where it ought to be free, and not restrain in some others where restraint would be right. The 2d amendment which appears to me essential is the restoring the principle of necessary rotation, particularly to the Senate and Presidency: but most of all to the last. Re-eligibility makes him an officer for life, and the disasters inseparable from an elective monarchy, render it preferable if we cannot tread back that step, that we should go forward and take refuge in an hereditary one. Of the correction of this article, however, I entertain no present hope, because I find it has scarcely excited an objection in America. And if it does not take place erelong, it assuredly never will. The natural progress of things is for liberty to yield and government to gain ground. As yet our spirits are free. Our jealousy is only put to sleep by the unlimited confidence we all repose in the person to whom we all look as our president. After him inferior characters may perhaps succeed, and awaken us to the danger which his merit has led us into. For the present, however, the general adoption is to be prayed for, and I wait with great anxiety for the news from Maryland and SouthCarolina, which have decided before this, and with that Virginia, now in session, may give the ninth vote of approbation. There could then be no doubt of North Carolina, New York, and New Hampshire. But what do you propose to do with Rhode Island? as long as there is hope we should give her time. I cannot conceive but that she will come to rights in the long run. Force, in whatever form, would be a dangerous precedent.There are rumors that the Austrian army is obliged to retire a little; that the Spanish squadron is gone to South America; that the English have excited a rebellion there; and some others equally unauthenticated. I do not mention them in my letter to Mr. Jay, because they are unauthenticated. The bankruptcies in London have re-commenced with new force. There is no saying where this fire will end, perhaps in the general conflagration of all their paper. If not now, it must erelong. With only twenty millions of coin, and three or four hundred millions of circulating paper, public and private, nothing is necessary but a general panic, produced either by failures, invasion, or any other cause, and the whole visionary fabric vanishes into air, and shows that paper is poverty, that it is only the ghost of money, and not money itself. One hundred years ago, they had twenty odd millions of coin. Since that they have brought in from Holland by borrowing forty millions more, yet they have but twenty millions left, and they talk of being rich, and of having the balance of trade in their favor. Paul Jones is invited into the Empress' service, with the rank of rear Admiral, and to have a separate command. I wish it corresponded with the views of Congress to give him that rank from the taking of the Serapis. I look to this officer as our great future dependence on the sea, where alone we should think of ever having a force. He is young enough to see the day when we shall be more populous than the whole British dominions, and able to fight them ship to ship. We should procure him, then, every possible opportunity of acquiring experience.I have the honor to be, with sentiments of the most perfect esteem, dear Sir, your friend and servant.
Paris, May 27, 1788.
Dear Sir,—I have received with great pleasure your friendly letter of April 24th. It has come to hand after I had written my letters for the present conveyance, and just in time to addthis to them. I learn with great pleasure the progress of the new Constitution. Indeed I have presumed it would gain on the public mind, as I confess it has on my own. At first, though I saw that the great mass and groundwork was good, I disliked many appendages. Reflection and discussion have cleared off most of these. You have satisfied me as to the query I had put to you about the right of direct taxation. My first wish was that nine States would adopt it in order to ensure what was good in it, and that the others might, by holding off, produce the necessary amendments. But the plan of Massachusetts is far preferable, and will, I hope, be followed by those who are yet to decide. There are two amendments only which I am anxious for: 1. A bill of rights, which it is so much the interest of all to have, that I conceive it must be yielded. The 1st amendment proposed by Massachusetts will in some degree answer this end, but not so well. It will do too much in some instances, and too little in others. It will cripple the Federal Government in some cases where it ought to be free, and not restrain in some others where restraint would be right. The 2d amendment which appears to me essential is the restoring the principle of necessary rotation, particularly to the Senate and Presidency: but most of all to the last. Re-eligibility makes him an officer for life, and the disasters inseparable from an elective monarchy, render it preferable if we cannot tread back that step, that we should go forward and take refuge in an hereditary one. Of the correction of this article, however, I entertain no present hope, because I find it has scarcely excited an objection in America. And if it does not take place erelong, it assuredly never will. The natural progress of things is for liberty to yield and government to gain ground. As yet our spirits are free. Our jealousy is only put to sleep by the unlimited confidence we all repose in the person to whom we all look as our president. After him inferior characters may perhaps succeed, and awaken us to the danger which his merit has led us into. For the present, however, the general adoption is to be prayed for, and I wait with great anxiety for the news from Maryland and SouthCarolina, which have decided before this, and with that Virginia, now in session, may give the ninth vote of approbation. There could then be no doubt of North Carolina, New York, and New Hampshire. But what do you propose to do with Rhode Island? as long as there is hope we should give her time. I cannot conceive but that she will come to rights in the long run. Force, in whatever form, would be a dangerous precedent.
There are rumors that the Austrian army is obliged to retire a little; that the Spanish squadron is gone to South America; that the English have excited a rebellion there; and some others equally unauthenticated. I do not mention them in my letter to Mr. Jay, because they are unauthenticated. The bankruptcies in London have re-commenced with new force. There is no saying where this fire will end, perhaps in the general conflagration of all their paper. If not now, it must erelong. With only twenty millions of coin, and three or four hundred millions of circulating paper, public and private, nothing is necessary but a general panic, produced either by failures, invasion, or any other cause, and the whole visionary fabric vanishes into air, and shows that paper is poverty, that it is only the ghost of money, and not money itself. One hundred years ago, they had twenty odd millions of coin. Since that they have brought in from Holland by borrowing forty millions more, yet they have but twenty millions left, and they talk of being rich, and of having the balance of trade in their favor. Paul Jones is invited into the Empress' service, with the rank of rear Admiral, and to have a separate command. I wish it corresponded with the views of Congress to give him that rank from the taking of the Serapis. I look to this officer as our great future dependence on the sea, where alone we should think of ever having a force. He is young enough to see the day when we shall be more populous than the whole British dominions, and able to fight them ship to ship. We should procure him, then, every possible opportunity of acquiring experience.
I have the honor to be, with sentiments of the most perfect esteem, dear Sir, your friend and servant.
TO JAMES MADISON.[F]Paris, May 28, 1788.Dear Sir,—The enclosed letter for Mr. Jay, being of a private nature, I have thought it better to put it under your cover, lest it might be opened by some of his clerks, in the case of his absence. But I enclose a press copy of it for yourself, as you will perceive the subject of it referred to you, as well as to him. I ask your aid in it so far as you think right, and to have done what you think right. If you will now be so good as to cast your eye over the copy enclosed, what follows the present sentence, will be some details, supplementary to that only, necessary for your information, but not proper for me to state to Mr. Jay.378,227,1247. though appointed a minister resident at the court of 514. he never was 663. in that character. He was continually passing from 1042. to 514. and 514. to 1042. so that he had no occasion to establish a household at either. Accordingly, he stayed principally in furnished lodgings. Of all our ministers, he had the least occasion for an outfit, and I suppose, spent almost nothing on that article. He was of a disposition, too, to restrain himself within any limits of expense whatever, and it suited his recluse turn, which is, to avoid society. Should he judge of what others should do, by what he did, it would be an improper criterion. He was in Europe as avoyageuronly, and it was while the salary was five hundred guineas more than at present.145.1267.1046.7. he came over when, instead of outfit and salary, all expenses were paid. Of rigorous honesty, and careless of appearances, he lived for a considerable time, as an economical private individual. After he was fixed at 812.141. and the salary at a sum certain, he continued his economical style, till out of the difference between his expenses and his salary, he could purchase furniture for his house. This was the easier, asthe salary was at two thousand five hundred guineas then. He was obliged too, to be passing between 1042. and 812.141. so as to avoid any regular current of expenses. When he established himself, his pecuniary affairs were under the direction of 964. 814.7.101.994. one of the most estimable characters on earth, and the most attentive and honorable economists. Neither had a wish to lay up a copper, but both wished to make both ends meet. I suspected, however, from an expression dropped in conversation, that they were not able to do this, and that a deficit in their accounts appeared in their winding up. If this conjecture be true, it is a proof that the salary, so far from admitting savings, is unequal to a very plain style of life; for such was theirs. I presume Congress will be asked to allow it, and it is evident to me, from what I saw while in 1093. that it ought to be done, as they did not expend a shilling which should have been avoided. Would it be more eligible to set the example of making good a deficit, or to give him an outfit, which will cover it? The impossibility of living on the sum allowed, respectably, was the true cause of his insisting on his recall.821.267.1292. He came over while all expenses were paid. He rented a house with standing furniture, such as tables, chairs, presses, &c., and bought all other necessaries. The latter were charged in his account, the former was included in the article of house-rent, and paid during the whole time of his stay here; and as the established rate of hire for furniture, is from thirty to forty per cent. per annum, the standing furniture must have been paid for three times over, during the eight years he stayed here. His salary was two thousand five hundred guineas. When Congress reduced it to less than two thousand, he refused to accede to it, asked his recall, and insisted that whenever they chose to alter the conditions on which he came out, if he did not approve of it, they ought to replace him in America on the old conditions. He lived plainly, but as decently as his salary would allow. He saved nothing, but avoided debt. He knew he could not do this on the reduced salary, and therefore asked his recall with decision.To 935.145. succeeded. He had established a certain style of living. The same was expected from 1214. and there were five hundred guineas a year less, to do it on. It has been aimed at, however, as far as was practicable. This rendered it constantly necessary to step neither to the right nor to the left, to incur any expense which could possibly be avoided, and it called for an almost womanly attention to the details of the household, equally perplexing, disgusting, and inconsistent with business. You will be sensible, that in this situation, no savings could be made for reimbursing the half year's salary, ordered to be advanced under the former commission, and more than as much again, which was unavoidably so applied without order, for the purchase of the outfit. The reason of the thing, the usage of all nations, the usage of our own, by paying all expenses of preceding ministers, which gave them the outfit, as far as their circumstances appeared to them to render it necessary, have made me take for granted all along, that it would not be refused to me; nor should I have mentioned it now, but that the administration is passing into other hands, and more complicated forms. It would be disagreeable to me, to be presented to them in the first instance, as a suitor. Men come into business at first, with visionary principles. It is practice alone, which can correct and conform them to the actual current of affairs. In the meantime, those to whom their errors were first applied, have been their victims. The government may take up the project of appointing foreign ministers without outfits, and they may ruin two or three individuals, before they find that that article is just as indispensable as the salary. They must then fall into the current of general usage, which has become general, only because experience has established its necessity. Upon the whole, be so good as to reflect on it, and to do, not what your friendship to me, but your opinion of what is right shall dictate. Accept, in all cases, assurances of the sincere esteem and respect with which I am, dear Sir, your friend and servant.
Paris, May 28, 1788.
Dear Sir,—The enclosed letter for Mr. Jay, being of a private nature, I have thought it better to put it under your cover, lest it might be opened by some of his clerks, in the case of his absence. But I enclose a press copy of it for yourself, as you will perceive the subject of it referred to you, as well as to him. I ask your aid in it so far as you think right, and to have done what you think right. If you will now be so good as to cast your eye over the copy enclosed, what follows the present sentence, will be some details, supplementary to that only, necessary for your information, but not proper for me to state to Mr. Jay.
378,227,1247. though appointed a minister resident at the court of 514. he never was 663. in that character. He was continually passing from 1042. to 514. and 514. to 1042. so that he had no occasion to establish a household at either. Accordingly, he stayed principally in furnished lodgings. Of all our ministers, he had the least occasion for an outfit, and I suppose, spent almost nothing on that article. He was of a disposition, too, to restrain himself within any limits of expense whatever, and it suited his recluse turn, which is, to avoid society. Should he judge of what others should do, by what he did, it would be an improper criterion. He was in Europe as avoyageuronly, and it was while the salary was five hundred guineas more than at present.
145.1267.1046.7. he came over when, instead of outfit and salary, all expenses were paid. Of rigorous honesty, and careless of appearances, he lived for a considerable time, as an economical private individual. After he was fixed at 812.141. and the salary at a sum certain, he continued his economical style, till out of the difference between his expenses and his salary, he could purchase furniture for his house. This was the easier, asthe salary was at two thousand five hundred guineas then. He was obliged too, to be passing between 1042. and 812.141. so as to avoid any regular current of expenses. When he established himself, his pecuniary affairs were under the direction of 964. 814.7.101.994. one of the most estimable characters on earth, and the most attentive and honorable economists. Neither had a wish to lay up a copper, but both wished to make both ends meet. I suspected, however, from an expression dropped in conversation, that they were not able to do this, and that a deficit in their accounts appeared in their winding up. If this conjecture be true, it is a proof that the salary, so far from admitting savings, is unequal to a very plain style of life; for such was theirs. I presume Congress will be asked to allow it, and it is evident to me, from what I saw while in 1093. that it ought to be done, as they did not expend a shilling which should have been avoided. Would it be more eligible to set the example of making good a deficit, or to give him an outfit, which will cover it? The impossibility of living on the sum allowed, respectably, was the true cause of his insisting on his recall.
821.267.1292. He came over while all expenses were paid. He rented a house with standing furniture, such as tables, chairs, presses, &c., and bought all other necessaries. The latter were charged in his account, the former was included in the article of house-rent, and paid during the whole time of his stay here; and as the established rate of hire for furniture, is from thirty to forty per cent. per annum, the standing furniture must have been paid for three times over, during the eight years he stayed here. His salary was two thousand five hundred guineas. When Congress reduced it to less than two thousand, he refused to accede to it, asked his recall, and insisted that whenever they chose to alter the conditions on which he came out, if he did not approve of it, they ought to replace him in America on the old conditions. He lived plainly, but as decently as his salary would allow. He saved nothing, but avoided debt. He knew he could not do this on the reduced salary, and therefore asked his recall with decision.
To 935.145. succeeded. He had established a certain style of living. The same was expected from 1214. and there were five hundred guineas a year less, to do it on. It has been aimed at, however, as far as was practicable. This rendered it constantly necessary to step neither to the right nor to the left, to incur any expense which could possibly be avoided, and it called for an almost womanly attention to the details of the household, equally perplexing, disgusting, and inconsistent with business. You will be sensible, that in this situation, no savings could be made for reimbursing the half year's salary, ordered to be advanced under the former commission, and more than as much again, which was unavoidably so applied without order, for the purchase of the outfit. The reason of the thing, the usage of all nations, the usage of our own, by paying all expenses of preceding ministers, which gave them the outfit, as far as their circumstances appeared to them to render it necessary, have made me take for granted all along, that it would not be refused to me; nor should I have mentioned it now, but that the administration is passing into other hands, and more complicated forms. It would be disagreeable to me, to be presented to them in the first instance, as a suitor. Men come into business at first, with visionary principles. It is practice alone, which can correct and conform them to the actual current of affairs. In the meantime, those to whom their errors were first applied, have been their victims. The government may take up the project of appointing foreign ministers without outfits, and they may ruin two or three individuals, before they find that that article is just as indispensable as the salary. They must then fall into the current of general usage, which has become general, only because experience has established its necessity. Upon the whole, be so good as to reflect on it, and to do, not what your friendship to me, but your opinion of what is right shall dictate. Accept, in all cases, assurances of the sincere esteem and respect with which I am, dear Sir, your friend and servant.
TO PETER CARR.Paris, May 28, 1788.Dear Peter,—The preceding letter[G]was written at its date, and I supposed you in possession of it, when your letters of December the 10th, 1787, and March the 18th, 1788, told me otherwise. Still, I supposed it on its way to you, when a few days ago, having occasion to look among some papers in the drawer, where my letters are usually put away, till an opportunity of sending them occurs, I found that this letter had slipped among them, so that it had never been forwarded. I am sorry for it, on account of the remarks relative to the Spanish language only. Apply to that, with all the assiduity you can. That language and the English covering nearly the whole face of America, they should be well known to every inhabitant, who means to look beyond the limits of his farm. I like well the distribution of your time, mentioned in your letter of March the 18th; and the counsels of Mr. Wythe, so kindly extended to you, leave it necessary for me to add nothing of that kind. Be assiduous in learning, take much exercise for your health, and practice much virtue. Health, learning and virtue, will insure your happiness; they will give you a quiet conscience, private esteem and public honor. Beyond these, we want nothing but physical necessaries, and they are easily obtained. My daughters are well, and join me in love to yourself, your mother, brothers and sisters. I am, with very sincere esteem, dear Peter, your affectionate friend.
Paris, May 28, 1788.
Dear Peter,—The preceding letter[G]was written at its date, and I supposed you in possession of it, when your letters of December the 10th, 1787, and March the 18th, 1788, told me otherwise. Still, I supposed it on its way to you, when a few days ago, having occasion to look among some papers in the drawer, where my letters are usually put away, till an opportunity of sending them occurs, I found that this letter had slipped among them, so that it had never been forwarded. I am sorry for it, on account of the remarks relative to the Spanish language only. Apply to that, with all the assiduity you can. That language and the English covering nearly the whole face of America, they should be well known to every inhabitant, who means to look beyond the limits of his farm. I like well the distribution of your time, mentioned in your letter of March the 18th; and the counsels of Mr. Wythe, so kindly extended to you, leave it necessary for me to add nothing of that kind. Be assiduous in learning, take much exercise for your health, and practice much virtue. Health, learning and virtue, will insure your happiness; they will give you a quiet conscience, private esteem and public honor. Beyond these, we want nothing but physical necessaries, and they are easily obtained. My daughters are well, and join me in love to yourself, your mother, brothers and sisters. I am, with very sincere esteem, dear Peter, your affectionate friend.
TO THE COMTE DE BERNSTORFF.Paris, June 19, 1788.I had the honor of addressing your Excellency, by Admiral Paul Jones, on the 21st of January, on the subject of the prizes taken under his command during the late war, and sent into Bergen. I communicated, at the same time, a copy of the powerswhich the Congress of the United States of America had been pleased to confide to me therein, having previously shown the original to the Baron Blome, envoy extraordinary of his Majesty, the King of Denmark, at this court; and I furnished, at the same time, to Admiral Paul Jones, such authority as I was empowered to delegate, for the arrangement of this affair. That officer has transmitted me a copy of your Excellency's letter to him, of the 4th of April, wherein you are pleased to observe, that the want of full powers on his part was an invincible obstacle to the definitive discussion of this claim with him, and to express your dispositions to institute a settlement at this place. Always assured of the justice and honor of the court of Denmark, and encouraged by the particular readiness of your Excellency to settle and remove this difficulty from between the two nations, I take the liberty of recalling your attention to it. The place of negotiation proposed by your Excellency, meets no objection from us, and it removes, at the same time, that which the want of full powers in Admiral Paul Jones, had produced in your mind. These full powers, Congress have been pleased to honor me with. The arrangement taken between the person to be charged with your full powers, and myself, will be final and conclusive. You are pleased to express a willingness to treat at the same time, on the subjects of amity and commerce. The powers formerly communicated on our part, were given to Mr. Adams, Dr. Franklin and myself, for a limited term only. That term has expired, and the other two gentlemen returned to America: so that no person is commissioned at this moment, to renew those conferences. I may safely, however, assure your Excellency, that the same friendly dispositions still continue, and the same desire of facilitating and encouraging a commerce between the two nations, which produced the former appointment. But our nation is, at this time, proposing a change in the organization of its government. For this change to be agreed to by all the members of the Union, the new administration chosen and brought into activity, their domestic matters arranged, which will require their first attention, their foreign system afterwardsdecided on and carried into full execution, will require very considerable length of time. To place under the same delay, the private claims which I have the honor to present to your Excellency, would be hard on the persons interested; because these claims have no connection with the system of commercial connection, which may be established between the two nations, nor with the particular form of our administration. The justice due to them is complete, and the present administration as competent to final settlement as any future one will be, should a future change take place. These individuals have already lingered nine years, in expectation of their hard and perilous earnings. Time lessens their numbers continually, disperses their representatives, weakens the evidence of their right, and renders more and more impracticable, his majesty's dispositions to repair the private injury, to which public circumstances constrained him. These considerations, the just and honorable intentions of your Excellency, and the assurances you give us in your letter, that no delay is wished on your part, give me strong hopes that we may speedily obtain that final arrangement, which express instructions render it my duty to urge. I have the honor, therefore, of agreeing with your Excellency, that the settlement of this matter, formerly begun at Paris, shall be continued there: and to ask that you will be pleased to give powers and instructions for this purpose, to such persons as you shall think proper, and in such full form as may prevent those delays, to which the distance between Copenhagen and Paris might otherwise expose us.I have the honor to be, with sentiments of the most profound respect, your Excellency's most obedient, and most humble servant.
Paris, June 19, 1788.
I had the honor of addressing your Excellency, by Admiral Paul Jones, on the 21st of January, on the subject of the prizes taken under his command during the late war, and sent into Bergen. I communicated, at the same time, a copy of the powerswhich the Congress of the United States of America had been pleased to confide to me therein, having previously shown the original to the Baron Blome, envoy extraordinary of his Majesty, the King of Denmark, at this court; and I furnished, at the same time, to Admiral Paul Jones, such authority as I was empowered to delegate, for the arrangement of this affair. That officer has transmitted me a copy of your Excellency's letter to him, of the 4th of April, wherein you are pleased to observe, that the want of full powers on his part was an invincible obstacle to the definitive discussion of this claim with him, and to express your dispositions to institute a settlement at this place. Always assured of the justice and honor of the court of Denmark, and encouraged by the particular readiness of your Excellency to settle and remove this difficulty from between the two nations, I take the liberty of recalling your attention to it. The place of negotiation proposed by your Excellency, meets no objection from us, and it removes, at the same time, that which the want of full powers in Admiral Paul Jones, had produced in your mind. These full powers, Congress have been pleased to honor me with. The arrangement taken between the person to be charged with your full powers, and myself, will be final and conclusive. You are pleased to express a willingness to treat at the same time, on the subjects of amity and commerce. The powers formerly communicated on our part, were given to Mr. Adams, Dr. Franklin and myself, for a limited term only. That term has expired, and the other two gentlemen returned to America: so that no person is commissioned at this moment, to renew those conferences. I may safely, however, assure your Excellency, that the same friendly dispositions still continue, and the same desire of facilitating and encouraging a commerce between the two nations, which produced the former appointment. But our nation is, at this time, proposing a change in the organization of its government. For this change to be agreed to by all the members of the Union, the new administration chosen and brought into activity, their domestic matters arranged, which will require their first attention, their foreign system afterwardsdecided on and carried into full execution, will require very considerable length of time. To place under the same delay, the private claims which I have the honor to present to your Excellency, would be hard on the persons interested; because these claims have no connection with the system of commercial connection, which may be established between the two nations, nor with the particular form of our administration. The justice due to them is complete, and the present administration as competent to final settlement as any future one will be, should a future change take place. These individuals have already lingered nine years, in expectation of their hard and perilous earnings. Time lessens their numbers continually, disperses their representatives, weakens the evidence of their right, and renders more and more impracticable, his majesty's dispositions to repair the private injury, to which public circumstances constrained him. These considerations, the just and honorable intentions of your Excellency, and the assurances you give us in your letter, that no delay is wished on your part, give me strong hopes that we may speedily obtain that final arrangement, which express instructions render it my duty to urge. I have the honor, therefore, of agreeing with your Excellency, that the settlement of this matter, formerly begun at Paris, shall be continued there: and to ask that you will be pleased to give powers and instructions for this purpose, to such persons as you shall think proper, and in such full form as may prevent those delays, to which the distance between Copenhagen and Paris might otherwise expose us.
I have the honor to be, with sentiments of the most profound respect, your Excellency's most obedient, and most humble servant.
TO MR. THOMAS DIGGES.Paris, June 19, 1788.Sir,—I have duly received your favor of May 12, as well as that of the person who desires information on the state of cottonmanufactures in America, and for his interest and safety I beg leave to address to you the answer to his queries.In general, it is impossible that manufactures should succeed in America, from the high price of labor. This is occasioned by the great demand of labor for agriculture. A manufacturer going from Europe will turn to labor of other kinds if he finds more to be got by it, and he finds some employment so profitable, that he can soon lay up money enough to buy fifty acres of land, to the culture of which he is irresistibly tempted by the independence in which that places him, and the desire of having a wife and family around him. If any manufactures can succeed there, it will be that of cotton. I must observe for his information that this plant grows nowhere in the United States northward of the Potomac, and not in quantity till you get southward as far as York and James Rivers. I know nothing of the manufacture which is said to be set up at Richmond. It must have taken place since 1783, when I left Virginia. In that State (for it is the only one I am enabled to speak of with certainty) there is no manufacture of wire or of cotton cards; or if any, it is not worth notice. No manufacture of stocking-weaving, consequently none for making the machine; none of cotton clothing of any kind whatever for sale; though in almost every family some is manufactured for the use of the family, which is always good in quality, and often tolerably fine. In the same way they make excellent stockings of cotton, weaving it in like manner, carried on principally in the family way: among the poor, the wife weaves generally; and the rich either have a weaver among their servants or employ their poor neighbors. Cotton cost in Virginia from 12d.to 18d.sterling the pound before the war, probably it is a little raised since. Richmond is as good a place for a manufactory as any in that State, and perhaps the best as to its resources for this business. Cotton clothing is very much the taste of the country. A manufacturer, on his landing, should apply to the well-informed farmers and gentlemen of the country. Their information will be more disinterested than that of merchants, and they can better put him into the way of disposingof his workmen in the cheapest manner till he has time to look about him and decide how and where he will establish himself. Such is the hospitality in that country, and their disposition to assist strangers, that he may boldly go to any good house he sees, and make the inquiry he needs. He will be sure to be kindly received, honestly informed, and accommodated in an hospitable way, without any other introduction than an information who he is and what are his views. It is not the policy of the government in that country to give any aid to works of any kind. They let things take their natural course without help or impediment, which is generally the best policy. More particularly as to myself, I must say that I have not the authority nor the means of assisting any persons in their passage to that country. I have the honor to be, with sentiments of perfect esteem, Sir, your most obedient, and most humble servant.
Paris, June 19, 1788.
Sir,—I have duly received your favor of May 12, as well as that of the person who desires information on the state of cottonmanufactures in America, and for his interest and safety I beg leave to address to you the answer to his queries.
In general, it is impossible that manufactures should succeed in America, from the high price of labor. This is occasioned by the great demand of labor for agriculture. A manufacturer going from Europe will turn to labor of other kinds if he finds more to be got by it, and he finds some employment so profitable, that he can soon lay up money enough to buy fifty acres of land, to the culture of which he is irresistibly tempted by the independence in which that places him, and the desire of having a wife and family around him. If any manufactures can succeed there, it will be that of cotton. I must observe for his information that this plant grows nowhere in the United States northward of the Potomac, and not in quantity till you get southward as far as York and James Rivers. I know nothing of the manufacture which is said to be set up at Richmond. It must have taken place since 1783, when I left Virginia. In that State (for it is the only one I am enabled to speak of with certainty) there is no manufacture of wire or of cotton cards; or if any, it is not worth notice. No manufacture of stocking-weaving, consequently none for making the machine; none of cotton clothing of any kind whatever for sale; though in almost every family some is manufactured for the use of the family, which is always good in quality, and often tolerably fine. In the same way they make excellent stockings of cotton, weaving it in like manner, carried on principally in the family way: among the poor, the wife weaves generally; and the rich either have a weaver among their servants or employ their poor neighbors. Cotton cost in Virginia from 12d.to 18d.sterling the pound before the war, probably it is a little raised since. Richmond is as good a place for a manufactory as any in that State, and perhaps the best as to its resources for this business. Cotton clothing is very much the taste of the country. A manufacturer, on his landing, should apply to the well-informed farmers and gentlemen of the country. Their information will be more disinterested than that of merchants, and they can better put him into the way of disposingof his workmen in the cheapest manner till he has time to look about him and decide how and where he will establish himself. Such is the hospitality in that country, and their disposition to assist strangers, that he may boldly go to any good house he sees, and make the inquiry he needs. He will be sure to be kindly received, honestly informed, and accommodated in an hospitable way, without any other introduction than an information who he is and what are his views. It is not the policy of the government in that country to give any aid to works of any kind. They let things take their natural course without help or impediment, which is generally the best policy. More particularly as to myself, I must say that I have not the authority nor the means of assisting any persons in their passage to that country. I have the honor to be, with sentiments of perfect esteem, Sir, your most obedient, and most humble servant.
TO MR. RUTLEDGE.Paris, January 19, 1788.Dear Sir,—Having omitted to ask you how I should address letters to you, I am obliged to put the present under cover to Mr. Shippen, to the care of his banker at Amsterdam. Enclosed you will receive a letter lately come to my hands, as also such notes as I have been able to scribble very hastily and undigested. I am ashamed of them; but I will pay willingly that price, if they may, on a single occasion, be useful to you. I will at some future moment find time to write the letters for Frankfort, Florence, Milan, Nice and Marseilles, which those notes will point out, and lodge them on your route, if you will be so good as to keep me always informed how and where I must send letters to you. I would suggest an alteration in the route I had proposed to you; that is, to descend the Danube from Vienna, so as to go to Constantinople, and from thence to Naples and up Italy. This must depend on your time, and the informationyou may be able to get as to the safety with which you may pass through the Ottoman territories. It is believed the Emperor is making overtures for peace. Should this take place it would lessen the difficulties of such a tour. In the meantime, this gleam of peace is counterbalanced by the warlike preparations of Sweden and Denmark, known to be made under the suggestions of the Court of London. In this country there is great internal ferment. I am of opinion the new regulations will be maintained. Perhaps the Cour pleniere may be amended in its composition, and the States General called at an earlier period than was intended. We have no accounts yet of the decision of Maryland, South Carolina, or Virginia on the subject of the new Constitution. Yet it seems probable they will accept it in the same manner Massachusetts has done; and I see nothing improbable in the supposition that our new government may be in motion by the beginning of November. I must press on you, my dear Sir, a very particular attention to the climate and culture of the olive tree. This is the most interesting plant in existence for South Carolina and Georgia. You will see in various places that it gives being to whole villages in places where there is not soil enough to subsist a family by the means of any other culture. But consider it as the means of bettering the condition of your slaves in South Carolina. See in the poorer parts of France and Italy what a number of vegetables are rendered eatable by the aid of a little oil, which would otherwise be useless. Remark very particularly the northern limits of this tree, and whether it exists by the help of shelter from the mountains, &c. I know this is the case in France. I wish to know where the northern limit of this plant crosses the Apennines; where it crosses the Adriatic and the Archipelago, and if possible what course it takes through Asia. The fig, the dried raisin, the pistache, the date, the caper, are all very interesting objects for your study. Should you not in your passage through countries where they are cultivated inform yourself of their hardiness, their culture, the manner of transporting, &c., you might hereafter much repent it. Both then and now I hope you will excuse me forsuggesting them to your attention; not omitting the article of rice also, of which you will see species different from your own. I beg you to make use of me on all possible occasions and in all the ways in which I can serve you, not omitting that of money, should any disappointment take place in your own arrangements. Mr. Berard's money was paid to Bayoker & Co. as you desired. I have the honor to be, with very great esteem, dear Sir, your most obedient, and most humble servant.
Paris, January 19, 1788.
Dear Sir,—Having omitted to ask you how I should address letters to you, I am obliged to put the present under cover to Mr. Shippen, to the care of his banker at Amsterdam. Enclosed you will receive a letter lately come to my hands, as also such notes as I have been able to scribble very hastily and undigested. I am ashamed of them; but I will pay willingly that price, if they may, on a single occasion, be useful to you. I will at some future moment find time to write the letters for Frankfort, Florence, Milan, Nice and Marseilles, which those notes will point out, and lodge them on your route, if you will be so good as to keep me always informed how and where I must send letters to you. I would suggest an alteration in the route I had proposed to you; that is, to descend the Danube from Vienna, so as to go to Constantinople, and from thence to Naples and up Italy. This must depend on your time, and the informationyou may be able to get as to the safety with which you may pass through the Ottoman territories. It is believed the Emperor is making overtures for peace. Should this take place it would lessen the difficulties of such a tour. In the meantime, this gleam of peace is counterbalanced by the warlike preparations of Sweden and Denmark, known to be made under the suggestions of the Court of London. In this country there is great internal ferment. I am of opinion the new regulations will be maintained. Perhaps the Cour pleniere may be amended in its composition, and the States General called at an earlier period than was intended. We have no accounts yet of the decision of Maryland, South Carolina, or Virginia on the subject of the new Constitution. Yet it seems probable they will accept it in the same manner Massachusetts has done; and I see nothing improbable in the supposition that our new government may be in motion by the beginning of November. I must press on you, my dear Sir, a very particular attention to the climate and culture of the olive tree. This is the most interesting plant in existence for South Carolina and Georgia. You will see in various places that it gives being to whole villages in places where there is not soil enough to subsist a family by the means of any other culture. But consider it as the means of bettering the condition of your slaves in South Carolina. See in the poorer parts of France and Italy what a number of vegetables are rendered eatable by the aid of a little oil, which would otherwise be useless. Remark very particularly the northern limits of this tree, and whether it exists by the help of shelter from the mountains, &c. I know this is the case in France. I wish to know where the northern limit of this plant crosses the Apennines; where it crosses the Adriatic and the Archipelago, and if possible what course it takes through Asia. The fig, the dried raisin, the pistache, the date, the caper, are all very interesting objects for your study. Should you not in your passage through countries where they are cultivated inform yourself of their hardiness, their culture, the manner of transporting, &c., you might hereafter much repent it. Both then and now I hope you will excuse me forsuggesting them to your attention; not omitting the article of rice also, of which you will see species different from your own. I beg you to make use of me on all possible occasions and in all the ways in which I can serve you, not omitting that of money, should any disappointment take place in your own arrangements. Mr. Berard's money was paid to Bayoker & Co. as you desired. I have the honor to be, with very great esteem, dear Sir, your most obedient, and most humble servant.
TO T. LEE SHIPPEN, ESQ.Paris, June 19, 1788.Dear Sir,—I have been honored with your favor of May 20, and take the first possible moment of acknowledging it, and of enclosing such notes as my recollection has suggested to me might be of service to you on your route. They have been scribbled so hastily and so informally that I would not send them, did not a desire of accommodating yourself and Mr. Rutledge get the better of my self-love. You will have seen in the Leyden gazette the principal articles of intelligence received from America since you left us, and which I have furnished to Mr. Dumas for that paper. The account of the riot in New York was given me by Mr. Paradise, who was there at the time, and who with his lady is now here. You may, perhaps, meet them at Venice. Mr. Jay and Baron Steuben were wounded with stones in that riot. General Washington writes me word he thinks Virginia will accept of the new Constitution. It appears to me, in fact, from all information, that its rejection would drive the States to despair and bring on events which cannot be foreseen; and that its adoption is become absolutely necessary. It will be easier to get the assent of nine States to correct what is wrong in the way pointed out by the Constitution itself, than to get thirteen to concur in a new convention and another plan of confederation. I therefore sincerely pray thatthe remaining States may accept it, as Massachusetts has done, with standing instructions to their delegates to press for amendments till they are obtained. They cannot fail of being obtained when the delegates of eight States shall be under such perpetual instructions. The American newspapers say that the Spaniards have sunk one of our boats on the Mississippi, and we one of theirs, by way of reprisal. The silence of my letters on the subject makes me hope it is not true. Be so good as to keep me constantly furnished with your address. I will take the first moment I can to write letters for you to Baron Leimer for Frankfort, Febroni at Florence, the Count del Verme and Clerici at Milan, Sasserns at Nice, Cathalan at Marseilles, which at this time it is impossible for me to do. I beg you to make on all occasions all the use of me of which I am susceptible, and in any way in which your occasions may require, and to be assured of the sentiments of sincere esteem and attachment with which I have the honor to be, dear Sir, your most obedient, and most humble servant.
Paris, June 19, 1788.
Dear Sir,—I have been honored with your favor of May 20, and take the first possible moment of acknowledging it, and of enclosing such notes as my recollection has suggested to me might be of service to you on your route. They have been scribbled so hastily and so informally that I would not send them, did not a desire of accommodating yourself and Mr. Rutledge get the better of my self-love. You will have seen in the Leyden gazette the principal articles of intelligence received from America since you left us, and which I have furnished to Mr. Dumas for that paper. The account of the riot in New York was given me by Mr. Paradise, who was there at the time, and who with his lady is now here. You may, perhaps, meet them at Venice. Mr. Jay and Baron Steuben were wounded with stones in that riot. General Washington writes me word he thinks Virginia will accept of the new Constitution. It appears to me, in fact, from all information, that its rejection would drive the States to despair and bring on events which cannot be foreseen; and that its adoption is become absolutely necessary. It will be easier to get the assent of nine States to correct what is wrong in the way pointed out by the Constitution itself, than to get thirteen to concur in a new convention and another plan of confederation. I therefore sincerely pray thatthe remaining States may accept it, as Massachusetts has done, with standing instructions to their delegates to press for amendments till they are obtained. They cannot fail of being obtained when the delegates of eight States shall be under such perpetual instructions. The American newspapers say that the Spaniards have sunk one of our boats on the Mississippi, and we one of theirs, by way of reprisal. The silence of my letters on the subject makes me hope it is not true. Be so good as to keep me constantly furnished with your address. I will take the first moment I can to write letters for you to Baron Leimer for Frankfort, Febroni at Florence, the Count del Verme and Clerici at Milan, Sasserns at Nice, Cathalan at Marseilles, which at this time it is impossible for me to do. I beg you to make on all occasions all the use of me of which I am susceptible, and in any way in which your occasions may require, and to be assured of the sentiments of sincere esteem and attachment with which I have the honor to be, dear Sir, your most obedient, and most humble servant.
TO THE COUNT DE MONTMORIN.Paris, June 20, 1788.Sir,—Having had the honor of mentioning to your Excellency the wish of Congress that certain changes should be made in the articles for a consular convention, which had been sent to them, I have now that, conformably to the desire you expressed, of giving a general idea of the alterations to be proposed.The fourth article gives to the consuls the immunities of the law of nations. It has been understood, however, that the laws of France do not admit of this; and that it might be desirable to expunge this article. In this we are ready to concur, as in every other case where an article might call for changes in the established laws, either inconvenient or disagreeable.After establishing in favor of consuls, the general immunities of the law of nations, one consequence of which would havebeen, that they could not have been called upon to give testimony in courts of justice, the fifth article requires that after the observance of certain formalities, which imply very high respect, they shall make a declaration; butin their own houses[chez eux] as may be pretended, if not justly inferred, from the expressions in the article. But our laws require, indispensably, a personal examination of witnesses in the presence of the parties, of their counsel, the jury and judges, each of whom has a right to ask of them all questions pertinent to the fact. The first and highest officers of our government are obliged to appear personally to the order of a court to give evidence. The court takes care that they are treated with respect. It is proposed, therefore, to omit this article for these particular reasons, as well as for the general one, that the fourth being expunged, this, which was but an exception to that, falls of course.The seventh, eighth, tenth and fourteenth articles extend their pre-eminences far beyond those which the laws of nations would have given. These articles require that the declarations made in the presence of consuls, and certified by them, shall be received in evidence in all courts whatever; and in some instances give to their certificates a credibility which excludes all other testimony. The cases are rare in which our laws admit written evidence of facts; and such evidence, when admitted, must have been given in the presence of both parties, and must contain the answers to all the pertinent questions which they may have desired to ask of the witness; and to no evidence, of whatever nature, written or oral, do our laws give so high credit, as to exclude all counter-proof. These principles are of such ancient foundation in our system of jurisprudence, and are so much valued and venerated by our citizens, that perhaps it would be impossible to execute articles which should contravene them, nor is it imagined that these stipulations can be so interesting to this country, as to balance the inconvenience and hazard of such an innovation with us. Perhaps it might be found, that the laws of both countries require a modification of this article; as it is inconceivable that the certificate of an American consul in Francecould be permitted by one of its courts to establish a fact, the falsehood of which should be notorious to the court itself.The eighth article gives to the consuls of either nation a jurisdiction, in certain cases, over foreigners of any other. On a dispute arising in France, between an American and a Spaniard or an Englishman, it would not be fair to abandon the Spaniard or Englishman to an American consul. On the contrary, the territorial judge, as neutral, would seem to be the most impartial. Probably, therefore, it will be thought convenient for both parties to correct this stipulation.A dispute arising between two subjects of France, the one being in France, and the other in the United States, the regular tribunals of France would seem entitled to a preference of jurisdiction. Yet the twelfth article gives it to their consul in America; and to the consul of the United States in France, in a like case between their citizens.The power given by the tenth article, of arresting and sending back a vessel, its captain, and crew, is a very great one indeed, and, in our opinion, more safely lodged with the territorial judge. We would ourselves trust the tribunals of France to decide when there is just cause for so high-handed an act of authority over the persons and property of so many of our citizens, to all of whom these tribunals will stand in a neutral and impartial relation, rather than any single person whom we may appoint as consul, who will seldom be learned in the laws, and often susceptible of influence from private interest and personal pique. With us, applications for the arrest of vessels, and of their masters, are made to the admiralty courts. These are composed of the most learned and virtuous characters of the several States, and the maritime law common to all nations, is the rule of their proceedings. The exercise of foreign jurisdiction, within the pale of their own laws, in a very high case, and wherein those laws have made honorable provisions, would be a phenomenon never yet seen in our country, and which would be seen with great jealousy and uneasiness. On the contrary, to leave this power with the territorial judge, will inspire confidence andfriendship, and be really, at the same time, more secure against abuse. The power of arresting deserted seamen seems necessary for the purposes of navigation and commerce, and will be more attentively and effectually exercised by the consul, than by the territorial judge. To this part of the tenth article, therefore, as well as to that which requires the territorial judge to assist the consul in the exercise of this function, we can accede. But the extension of the like power to passengers, seems not necessary for the purposes either of navigation or commerce. It does not come, therefore, within the functions of the consul, whose institution is for those two objects only, nor within the powers of a commissioner, authorized to treat and conclude a convention, solely for regulating the powers, privileges, and duties of consuls. The arrest and detention of passengers, moreover, would often be in contradiction to our bills of rights, which being fundamental, cannot be obstructed in their operation by any law or convention whatever.Consular institutions being entirely new with us, Congress think it wise to make their first convention probationary, and not perpetual. They propose, therefore, a clause for limiting its duration to a certain term of years. If after the experience of a few years, it should be found to answer the purposes intended by it, both parties will have sufficient inducements to renew it, either in its present form, or with such alterations and amendments as time, experience, and other circumstances may indicate.The convention, as expressed in the French language, will fully answer our purposes in France, because it will there be understood. But it will not equally answer the purposes of France in America, because it will not there be understood. In very few of the courts wherein it may be presented, will there be found a single judge or advocate capable of translating it at all, much less of giving to all its terms, legal and technical, their exact equivalent in the laws and language of that country. Should any translation which Congress would undertake to publish, for the use of our courts, be conceived on any occasion not to renderfully the idea of the French original, it might be imputed as an indirect attempt to abridge or extend the terms of a contract, at the will of one party only. At no place are there better helps than here, for establishing an English text equivalent to the French, in all its phrases; no person can be supposed to know what is meant by these phrases better than those who form them; and no time more proper to ascertain their meaning in both languages, than that at which they are formed. I have, therefore, the honor to propose, that the convention shall be faithfully expressed in English as well as in French, in two columns, side by side, that these columns be declared each of them to be text, and to be equally original and authentic in all courts of justice.This, Sir, is a general sketch of the alterations which our laws and our manner of thinking render necessary in this convention, before the faith of our country is engaged for its execution. Some of its articles, in their present form, could not be executed at all, and others would produce embarrassments and ill humor, to which it would not be prudent for our government to commit itself. Inexact execution on the one part, would naturally beget dissatisfaction and complaints on the other, and an instrument intended to strengthen our connection, might thus become the means of loosening it. Fewer articles, better observed, will better promote our common interests. As to ourselves, we do not find the institution of consuls very necessary. Its history commences in times of barbarism, and might well have ended with them. During these, they were perhaps useful, and may still be so, in countries, not yet emerged from that condition. But all civilized nations at this day, understand so well the advantages of commerce, that they provide protection and encouragement for merchant strangers and vessels coming among them. So extensive, too, have commercial connections now become, that every mercantile house has correspondents in almost every port. They address their vessels to these correspondents, who are found to take better care of their interests, and to obtain more effectually the protection of the laws of the country for them, than the consul of their nation can. He is generallya foreigner, unpossessed of the little details of knowledge of greatest use to them. He makes national questions of all the difficulties which arise; the correspondent prevents them. We carry on commerce with good success in all parts of the world; yet we have not a consul in a single port, nor a complaint for the want of one, except from the persons who wish to be consuls themselves. Though these considerations may not be strong enough to establish the absolute inutility of consuls, they may make us less anxious to extend their privileges and jurisdictions, so as to render them objects of jealousy and irritation in the places of their residence. That this government thinks them useful, is sufficient reason for us to give them all the functions and facilities which our circumstances will admit. Instead, therefore, of declining every article which will be useless to us, we accede to every one which will not be inconvenient. Had this nation been alone concerned, our desire to gratify them, might have tempted us to press still harder on the laws and opinions of our country. But your Excellency knows, that we stand engaged in treaties with some nations, which will give them occasion to claim whatever privileges we yield to any other. This renders circumspection more necessary. Permit me to add one other observation. The English allow to foreign consuls scarcely any functions within their ports. This proceeds, in a great measure, from the character of their laws, which eye with peculiar jealousy every exemption from their control. Ours are the same in their general character, and rendered still more unpliant, by our having thirteen parliaments to relax, instead of one. Upon the whole, I hope your Excellency will see the causes of the delay which this convention has met with, in the difficulties it presents, and our desire to surmount them; and will be sensible that the alterations proposed, are dictated to us by the necessity of our circumstances, and by a caution, which cannot be disapproved, to commit ourselves to no engagements which we foresee we might not be able to fulfil.These alterations, with some other smaller ones, which may be offered on the sole principle of joint convenience, shall be thesubject of more particular explanation, whenever your Excellency shall honor me with a conference thereon. I shall then also point out the verbal changes which appear to me necessary, to accommodate the instrument to the views before expressed. In the meantime, I have the honor to be, with sentiments of the most perfect respect and esteem, your Excellency's most obedient, and most humble servant.
Paris, June 20, 1788.
Sir,—Having had the honor of mentioning to your Excellency the wish of Congress that certain changes should be made in the articles for a consular convention, which had been sent to them, I have now that, conformably to the desire you expressed, of giving a general idea of the alterations to be proposed.
The fourth article gives to the consuls the immunities of the law of nations. It has been understood, however, that the laws of France do not admit of this; and that it might be desirable to expunge this article. In this we are ready to concur, as in every other case where an article might call for changes in the established laws, either inconvenient or disagreeable.
After establishing in favor of consuls, the general immunities of the law of nations, one consequence of which would havebeen, that they could not have been called upon to give testimony in courts of justice, the fifth article requires that after the observance of certain formalities, which imply very high respect, they shall make a declaration; butin their own houses[chez eux] as may be pretended, if not justly inferred, from the expressions in the article. But our laws require, indispensably, a personal examination of witnesses in the presence of the parties, of their counsel, the jury and judges, each of whom has a right to ask of them all questions pertinent to the fact. The first and highest officers of our government are obliged to appear personally to the order of a court to give evidence. The court takes care that they are treated with respect. It is proposed, therefore, to omit this article for these particular reasons, as well as for the general one, that the fourth being expunged, this, which was but an exception to that, falls of course.
The seventh, eighth, tenth and fourteenth articles extend their pre-eminences far beyond those which the laws of nations would have given. These articles require that the declarations made in the presence of consuls, and certified by them, shall be received in evidence in all courts whatever; and in some instances give to their certificates a credibility which excludes all other testimony. The cases are rare in which our laws admit written evidence of facts; and such evidence, when admitted, must have been given in the presence of both parties, and must contain the answers to all the pertinent questions which they may have desired to ask of the witness; and to no evidence, of whatever nature, written or oral, do our laws give so high credit, as to exclude all counter-proof. These principles are of such ancient foundation in our system of jurisprudence, and are so much valued and venerated by our citizens, that perhaps it would be impossible to execute articles which should contravene them, nor is it imagined that these stipulations can be so interesting to this country, as to balance the inconvenience and hazard of such an innovation with us. Perhaps it might be found, that the laws of both countries require a modification of this article; as it is inconceivable that the certificate of an American consul in Francecould be permitted by one of its courts to establish a fact, the falsehood of which should be notorious to the court itself.
The eighth article gives to the consuls of either nation a jurisdiction, in certain cases, over foreigners of any other. On a dispute arising in France, between an American and a Spaniard or an Englishman, it would not be fair to abandon the Spaniard or Englishman to an American consul. On the contrary, the territorial judge, as neutral, would seem to be the most impartial. Probably, therefore, it will be thought convenient for both parties to correct this stipulation.
A dispute arising between two subjects of France, the one being in France, and the other in the United States, the regular tribunals of France would seem entitled to a preference of jurisdiction. Yet the twelfth article gives it to their consul in America; and to the consul of the United States in France, in a like case between their citizens.
The power given by the tenth article, of arresting and sending back a vessel, its captain, and crew, is a very great one indeed, and, in our opinion, more safely lodged with the territorial judge. We would ourselves trust the tribunals of France to decide when there is just cause for so high-handed an act of authority over the persons and property of so many of our citizens, to all of whom these tribunals will stand in a neutral and impartial relation, rather than any single person whom we may appoint as consul, who will seldom be learned in the laws, and often susceptible of influence from private interest and personal pique. With us, applications for the arrest of vessels, and of their masters, are made to the admiralty courts. These are composed of the most learned and virtuous characters of the several States, and the maritime law common to all nations, is the rule of their proceedings. The exercise of foreign jurisdiction, within the pale of their own laws, in a very high case, and wherein those laws have made honorable provisions, would be a phenomenon never yet seen in our country, and which would be seen with great jealousy and uneasiness. On the contrary, to leave this power with the territorial judge, will inspire confidence andfriendship, and be really, at the same time, more secure against abuse. The power of arresting deserted seamen seems necessary for the purposes of navigation and commerce, and will be more attentively and effectually exercised by the consul, than by the territorial judge. To this part of the tenth article, therefore, as well as to that which requires the territorial judge to assist the consul in the exercise of this function, we can accede. But the extension of the like power to passengers, seems not necessary for the purposes either of navigation or commerce. It does not come, therefore, within the functions of the consul, whose institution is for those two objects only, nor within the powers of a commissioner, authorized to treat and conclude a convention, solely for regulating the powers, privileges, and duties of consuls. The arrest and detention of passengers, moreover, would often be in contradiction to our bills of rights, which being fundamental, cannot be obstructed in their operation by any law or convention whatever.
Consular institutions being entirely new with us, Congress think it wise to make their first convention probationary, and not perpetual. They propose, therefore, a clause for limiting its duration to a certain term of years. If after the experience of a few years, it should be found to answer the purposes intended by it, both parties will have sufficient inducements to renew it, either in its present form, or with such alterations and amendments as time, experience, and other circumstances may indicate.
The convention, as expressed in the French language, will fully answer our purposes in France, because it will there be understood. But it will not equally answer the purposes of France in America, because it will not there be understood. In very few of the courts wherein it may be presented, will there be found a single judge or advocate capable of translating it at all, much less of giving to all its terms, legal and technical, their exact equivalent in the laws and language of that country. Should any translation which Congress would undertake to publish, for the use of our courts, be conceived on any occasion not to renderfully the idea of the French original, it might be imputed as an indirect attempt to abridge or extend the terms of a contract, at the will of one party only. At no place are there better helps than here, for establishing an English text equivalent to the French, in all its phrases; no person can be supposed to know what is meant by these phrases better than those who form them; and no time more proper to ascertain their meaning in both languages, than that at which they are formed. I have, therefore, the honor to propose, that the convention shall be faithfully expressed in English as well as in French, in two columns, side by side, that these columns be declared each of them to be text, and to be equally original and authentic in all courts of justice.
This, Sir, is a general sketch of the alterations which our laws and our manner of thinking render necessary in this convention, before the faith of our country is engaged for its execution. Some of its articles, in their present form, could not be executed at all, and others would produce embarrassments and ill humor, to which it would not be prudent for our government to commit itself. Inexact execution on the one part, would naturally beget dissatisfaction and complaints on the other, and an instrument intended to strengthen our connection, might thus become the means of loosening it. Fewer articles, better observed, will better promote our common interests. As to ourselves, we do not find the institution of consuls very necessary. Its history commences in times of barbarism, and might well have ended with them. During these, they were perhaps useful, and may still be so, in countries, not yet emerged from that condition. But all civilized nations at this day, understand so well the advantages of commerce, that they provide protection and encouragement for merchant strangers and vessels coming among them. So extensive, too, have commercial connections now become, that every mercantile house has correspondents in almost every port. They address their vessels to these correspondents, who are found to take better care of their interests, and to obtain more effectually the protection of the laws of the country for them, than the consul of their nation can. He is generallya foreigner, unpossessed of the little details of knowledge of greatest use to them. He makes national questions of all the difficulties which arise; the correspondent prevents them. We carry on commerce with good success in all parts of the world; yet we have not a consul in a single port, nor a complaint for the want of one, except from the persons who wish to be consuls themselves. Though these considerations may not be strong enough to establish the absolute inutility of consuls, they may make us less anxious to extend their privileges and jurisdictions, so as to render them objects of jealousy and irritation in the places of their residence. That this government thinks them useful, is sufficient reason for us to give them all the functions and facilities which our circumstances will admit. Instead, therefore, of declining every article which will be useless to us, we accede to every one which will not be inconvenient. Had this nation been alone concerned, our desire to gratify them, might have tempted us to press still harder on the laws and opinions of our country. But your Excellency knows, that we stand engaged in treaties with some nations, which will give them occasion to claim whatever privileges we yield to any other. This renders circumspection more necessary. Permit me to add one other observation. The English allow to foreign consuls scarcely any functions within their ports. This proceeds, in a great measure, from the character of their laws, which eye with peculiar jealousy every exemption from their control. Ours are the same in their general character, and rendered still more unpliant, by our having thirteen parliaments to relax, instead of one. Upon the whole, I hope your Excellency will see the causes of the delay which this convention has met with, in the difficulties it presents, and our desire to surmount them; and will be sensible that the alterations proposed, are dictated to us by the necessity of our circumstances, and by a caution, which cannot be disapproved, to commit ourselves to no engagements which we foresee we might not be able to fulfil.
These alterations, with some other smaller ones, which may be offered on the sole principle of joint convenience, shall be thesubject of more particular explanation, whenever your Excellency shall honor me with a conference thereon. I shall then also point out the verbal changes which appear to me necessary, to accommodate the instrument to the views before expressed. In the meantime, I have the honor to be, with sentiments of the most perfect respect and esteem, your Excellency's most obedient, and most humble servant.
TO —— ——.Paris, June 28, 1788.Sir,— * * * * * * * * A treaty of alliance between England and Prussia was signed on the 13th instant. Sweden is believed to have given out a declaration of the reasons of her arming, which has very much the air of a declaration of war against Russia. We have not yet seen it here. It would not be unexpected to hear that she has commenced hostilities. She is subsidized by England, and if she does begin a war, we must believe it to be on the instigation of England, with a view to bring on a general war. This power, with Denmark and Holland, ranging themselves on the side of England, destroys the equilibrium of power at sea, which we had hoped was established. I am, with great esteem, Sir, your most obedient humble servant.
Paris, June 28, 1788.
Sir,— * * * * * * * * A treaty of alliance between England and Prussia was signed on the 13th instant. Sweden is believed to have given out a declaration of the reasons of her arming, which has very much the air of a declaration of war against Russia. We have not yet seen it here. It would not be unexpected to hear that she has commenced hostilities. She is subsidized by England, and if she does begin a war, we must believe it to be on the instigation of England, with a view to bring on a general war. This power, with Denmark and Holland, ranging themselves on the side of England, destroys the equilibrium of power at sea, which we had hoped was established. I am, with great esteem, Sir, your most obedient humble servant.
TO MONSIEUR DIRIEKS.Paris, July 2, 1788.Sir,—As a private individual and citizen of America, I can with propriety and truth deliver it to you as my firm belief, that the loan office certificate you showed me, and all others of the same kind, will be paid, principal and interest, as soon as the circumstances of the United States will permit: that I do not considerthis as a distant epoch, nor suppose there is a public debt on earth less doubtful. This I speak as my private opinion. But it does not belong to me to say that it will be paid in two years, or that it will be paid at all, so as by the authority of my affirmation to give it any new sanction or credit. The board of treasury or Congress can alone do this. You will be sensible, therefore, Sir, of the impropriety, and even the hazard, of my going out of the line of my office so far as to undertake, or to aver, that these certificates will be paid within one or two years. On every occasion where I can do it of right, I shall be happy to render you every possible service, being with sentiments of the most perfect esteem, Sir, your most obedient humble servant.
Paris, July 2, 1788.
Sir,—As a private individual and citizen of America, I can with propriety and truth deliver it to you as my firm belief, that the loan office certificate you showed me, and all others of the same kind, will be paid, principal and interest, as soon as the circumstances of the United States will permit: that I do not considerthis as a distant epoch, nor suppose there is a public debt on earth less doubtful. This I speak as my private opinion. But it does not belong to me to say that it will be paid in two years, or that it will be paid at all, so as by the authority of my affirmation to give it any new sanction or credit. The board of treasury or Congress can alone do this. You will be sensible, therefore, Sir, of the impropriety, and even the hazard, of my going out of the line of my office so far as to undertake, or to aver, that these certificates will be paid within one or two years. On every occasion where I can do it of right, I shall be happy to render you every possible service, being with sentiments of the most perfect esteem, Sir, your most obedient humble servant.
TO T. L. SHIPPEN, ESQ.Paris, July 13, 1788.Dear Sir,—In a former letter to Mr. Rutledge, I suggested to him the idea of extending his tour to Constantinople, and in one of to-day, I mention it again. I do not know how far that extension may accord with your plan, nor indeed how far it may be safe for either of you; for, though it has been thought there has been a relaxation in the warlike dispositions of the belligerent powers, yet we have no symptoms of a suspension of hostilities. The Ottoman dominions are generally represented as unsafe for travellers, even when in peace. They must be much more so during war. This article, therefore, merits exact inquiry before that journey is undertaken.We have letters from America to June 11. Maryland has acceded to the Constitution by a vote of 63 to 11, and South Carolina by 149 to 72. Mr. Henry had disseminated propositions there for a Southern confederacy. It is now thought that Virginia will not hesitate to accede. Governor Randolph has come over to the Federalists. No doubt is entertained of New Hampshire and North Carolina, and it is thought that even New Yorkwill agree when she sees she will be left with Rhode Island alone. Two-thirds of their Convention are decidedly anti-federal. The die is now thrown, and it cannot be many days before we know what has finally turned up. Congress has granted the prayer of Kentucky to be made independent, and a committee was occupied in preparing an act for that purpose. Mr. Barlow, the American poet, is arrived in Paris.We expect daily to hear that the Swedes have commenced hostilities. Whether this will draw in the other nations of Europe immediately, cannot be foreseen; probably it will in the long run. I sincerely wish this country may be able previously to arrange its internal affairs. To spare the trouble of repetition, I am obliged to ask of yourself and Mr. Rutledge, to consider the letter of each as a supplement to the other. Under the possibility, however, of your going different routes, I enclose duplicates of my letters of introduction. After acknowledging the receipt of your favor of the 6th inst., from Spa, I shall only beg a continuance of them, and that you will both keep me constantly informed how to convey letters to you; and to assure you of those sentiments of sincere esteem with which I have the honor to be, dear Sir, your friend and servant.
Paris, July 13, 1788.
Dear Sir,—In a former letter to Mr. Rutledge, I suggested to him the idea of extending his tour to Constantinople, and in one of to-day, I mention it again. I do not know how far that extension may accord with your plan, nor indeed how far it may be safe for either of you; for, though it has been thought there has been a relaxation in the warlike dispositions of the belligerent powers, yet we have no symptoms of a suspension of hostilities. The Ottoman dominions are generally represented as unsafe for travellers, even when in peace. They must be much more so during war. This article, therefore, merits exact inquiry before that journey is undertaken.
We have letters from America to June 11. Maryland has acceded to the Constitution by a vote of 63 to 11, and South Carolina by 149 to 72. Mr. Henry had disseminated propositions there for a Southern confederacy. It is now thought that Virginia will not hesitate to accede. Governor Randolph has come over to the Federalists. No doubt is entertained of New Hampshire and North Carolina, and it is thought that even New Yorkwill agree when she sees she will be left with Rhode Island alone. Two-thirds of their Convention are decidedly anti-federal. The die is now thrown, and it cannot be many days before we know what has finally turned up. Congress has granted the prayer of Kentucky to be made independent, and a committee was occupied in preparing an act for that purpose. Mr. Barlow, the American poet, is arrived in Paris.
We expect daily to hear that the Swedes have commenced hostilities. Whether this will draw in the other nations of Europe immediately, cannot be foreseen; probably it will in the long run. I sincerely wish this country may be able previously to arrange its internal affairs. To spare the trouble of repetition, I am obliged to ask of yourself and Mr. Rutledge, to consider the letter of each as a supplement to the other. Under the possibility, however, of your going different routes, I enclose duplicates of my letters of introduction. After acknowledging the receipt of your favor of the 6th inst., from Spa, I shall only beg a continuance of them, and that you will both keep me constantly informed how to convey letters to you; and to assure you of those sentiments of sincere esteem with which I have the honor to be, dear Sir, your friend and servant.
TO DOCTOR GORDON.Paris, July 16, 1788.Sir,—In your favor of the 8th instant, you mentioned that you had written to me in February last. This letter never came to hand. That of April the 24th came here during my absence on a journey through Holland and Germany; and my having been obliged to devote the first moments after my return, to some very pressing matters, must be my apology for not having been able to write to you till now. As soon as I knew that it would be agreeable to you, to have such a disposal of your work for translation, as I had made for Dr. Ramsay, I applied to the samebookseller with propositions on your behalf. He told me, that he had lost so much by that work, that he could hardly think of undertaking another, and at any rate, not without first seeing and examining it. As he was the only bookseller I could induce to give anything on the former occasion, I went to no other with my proposal, meaning to ask you to send me immediately as much of the work as is printed. This you can do by the Diligence, which comes three times a week from London to Paris. Furnished with this, I will renew my proposition, and do the best for you I can; though I fear that the ill success of the translation of Dr. Ramsay's work, and of another work on the subject of America, will permit less to be done for you than I had hoped. I think Dr. Ramsay failed from the inelegance of the translation, and the translator's having departed entirely from the Doctor's instructions. I will be obliged to you, to set me down as a subscriber for half a dozen copies, and to ask Mr. Trumbull (No. 2, North street, Rathbone Place) to pay you the whole subscription price for me, which he will do on showing him this letter. These copies can be sent by the Diligence. I have not yet received the pictures Mr. Trumbull was to send me, nor consequently that of M. de La Fayette. I will take care of it when it arrives. His title is simply,le Marquis de La Fayette.You ask, in your letter of April the 24th, details of my sufferings by Colonel Tarleton. I did not suffer by him. On the contrary, he behaved very genteelly with me. On his approach to Charlottesville, which is within three miles of my house at Monticello, he despatched a troop of his horse, under Captain McLeod, with the double object of taking me prisoner, with the two Speakers of the Senate and Delegates, who then lodged with me, and of remaining there invidette, my house commanding a view of ten or twelve miles round about. He gave strict orders to Captain McLeod to suffer nothing to be injured. The troop failed in one of their objects, as we had notice of their coming, so that the two Speakers had gone off about two hours before their arrival at Monticello, and myself, with my family, about five minutes. But Captain McLeod preserved everything withsacred care, during about eighteen hours that he remained there. Colonel Tarleton was just so long at Charlottesville, being hurried from thence by the news of the rising of the militia, and by a sudden fall of rain, which threatened to swell the river, and intercept his return. In general, he did little injury to the inhabitants, on that short and hasty excursion, which was of about sixty miles from their main army, then in Spotsylvania, and ours in Orange. It was early in June, 1781. Lord Cornwallis then proceeded to the Point of Fork, and encamped his army from thence all along the main James River, to a seat of mine called Elk-hill, opposite to Elk Island, and a little below the mouth of the Byrd Creek. (You will see all these places exactly laid down in the map annexed to my notes on Virginia, printed by Stockdale.) He remained in this position ten days, his own head quarters being in my house, at that place. I had time to remove most of the effects out of the house. He destroyed all my growing crops of corn and tobacco; he burned all my barns, containing the same articles of the last year, having first taken what corn he wanted; he used, as was to be expected, all my stock of cattle, sheep and hogs, for the sustenance of his army, and carried off all the horses capable of service; of those too young for service he cut the throats; and he burned all the fences on the plantation, so as to leave it an absolute waste. He carried off also about thirty slaves. Had this been to give them freedom, he would have done right; but it was to consign them to inevitable death from the small pox and putrid fever, then raging in his camp. This I knew afterwards to be the fate of twenty-seven of them. I never had news of the remaining three, but presume they shared the same fate. When I say that Lord Cornwallis did all this, I do not mean that he carried about the torch in his own hands, but that it was all done under his eye; the situation of the house in which he was, commanding a view of every part of the plantation, so that he must have seen every fire. I relate these things on my own knowledge, in a great degree, as I was on the ground soon after he left it. He treated the rest of the neighborhood somewhat in the same style,but not with that spirit of total extermination with which he seemed to rage over my possessions. Wherever he went, the dwelling houses were plundered of everything which could be carried off. Lord Cornwallis' character in England, would forbid the belief that he shared in the plunder; but that his table was served with the plate thus pillaged from private houses, can be proved by many hundred eye-witnesses. From an estimate I made at that time, on the best information I could collect, I supposed the State of Virginia lost, under Lord Cornwallis' hands, that year, about thirty thousand slaves; and that of these, about twenty-seven thousand died of the small pox and camp fever, and the rest were partly sent to the West Indies, and exchanged for rum, sugar, coffee and fruit, and partly sent to New York, from whence they went, at the peace, either to Nova Scotia or England. From this last place, I believe they have been lately sent to Africa. History will never relate the horrors committed by the British army in thesouthernStates of America. They raged in Virginia six months only, from the middle of April to the middle of October, 1781, when they were all taken prisoners; and I give you a faithful specimen of their transactions for ten days of that time, and on one spot only.Ex pede Herculem.I suppose their whole devastations during those six months, amounted to about three millions sterling. The copiousness of this subject has only left me space to assure you of the sentiments of esteem and respect, with which I am, Sir, your most obedient humble servant.
Paris, July 16, 1788.
Sir,—In your favor of the 8th instant, you mentioned that you had written to me in February last. This letter never came to hand. That of April the 24th came here during my absence on a journey through Holland and Germany; and my having been obliged to devote the first moments after my return, to some very pressing matters, must be my apology for not having been able to write to you till now. As soon as I knew that it would be agreeable to you, to have such a disposal of your work for translation, as I had made for Dr. Ramsay, I applied to the samebookseller with propositions on your behalf. He told me, that he had lost so much by that work, that he could hardly think of undertaking another, and at any rate, not without first seeing and examining it. As he was the only bookseller I could induce to give anything on the former occasion, I went to no other with my proposal, meaning to ask you to send me immediately as much of the work as is printed. This you can do by the Diligence, which comes three times a week from London to Paris. Furnished with this, I will renew my proposition, and do the best for you I can; though I fear that the ill success of the translation of Dr. Ramsay's work, and of another work on the subject of America, will permit less to be done for you than I had hoped. I think Dr. Ramsay failed from the inelegance of the translation, and the translator's having departed entirely from the Doctor's instructions. I will be obliged to you, to set me down as a subscriber for half a dozen copies, and to ask Mr. Trumbull (No. 2, North street, Rathbone Place) to pay you the whole subscription price for me, which he will do on showing him this letter. These copies can be sent by the Diligence. I have not yet received the pictures Mr. Trumbull was to send me, nor consequently that of M. de La Fayette. I will take care of it when it arrives. His title is simply,le Marquis de La Fayette.
You ask, in your letter of April the 24th, details of my sufferings by Colonel Tarleton. I did not suffer by him. On the contrary, he behaved very genteelly with me. On his approach to Charlottesville, which is within three miles of my house at Monticello, he despatched a troop of his horse, under Captain McLeod, with the double object of taking me prisoner, with the two Speakers of the Senate and Delegates, who then lodged with me, and of remaining there invidette, my house commanding a view of ten or twelve miles round about. He gave strict orders to Captain McLeod to suffer nothing to be injured. The troop failed in one of their objects, as we had notice of their coming, so that the two Speakers had gone off about two hours before their arrival at Monticello, and myself, with my family, about five minutes. But Captain McLeod preserved everything withsacred care, during about eighteen hours that he remained there. Colonel Tarleton was just so long at Charlottesville, being hurried from thence by the news of the rising of the militia, and by a sudden fall of rain, which threatened to swell the river, and intercept his return. In general, he did little injury to the inhabitants, on that short and hasty excursion, which was of about sixty miles from their main army, then in Spotsylvania, and ours in Orange. It was early in June, 1781. Lord Cornwallis then proceeded to the Point of Fork, and encamped his army from thence all along the main James River, to a seat of mine called Elk-hill, opposite to Elk Island, and a little below the mouth of the Byrd Creek. (You will see all these places exactly laid down in the map annexed to my notes on Virginia, printed by Stockdale.) He remained in this position ten days, his own head quarters being in my house, at that place. I had time to remove most of the effects out of the house. He destroyed all my growing crops of corn and tobacco; he burned all my barns, containing the same articles of the last year, having first taken what corn he wanted; he used, as was to be expected, all my stock of cattle, sheep and hogs, for the sustenance of his army, and carried off all the horses capable of service; of those too young for service he cut the throats; and he burned all the fences on the plantation, so as to leave it an absolute waste. He carried off also about thirty slaves. Had this been to give them freedom, he would have done right; but it was to consign them to inevitable death from the small pox and putrid fever, then raging in his camp. This I knew afterwards to be the fate of twenty-seven of them. I never had news of the remaining three, but presume they shared the same fate. When I say that Lord Cornwallis did all this, I do not mean that he carried about the torch in his own hands, but that it was all done under his eye; the situation of the house in which he was, commanding a view of every part of the plantation, so that he must have seen every fire. I relate these things on my own knowledge, in a great degree, as I was on the ground soon after he left it. He treated the rest of the neighborhood somewhat in the same style,but not with that spirit of total extermination with which he seemed to rage over my possessions. Wherever he went, the dwelling houses were plundered of everything which could be carried off. Lord Cornwallis' character in England, would forbid the belief that he shared in the plunder; but that his table was served with the plate thus pillaged from private houses, can be proved by many hundred eye-witnesses. From an estimate I made at that time, on the best information I could collect, I supposed the State of Virginia lost, under Lord Cornwallis' hands, that year, about thirty thousand slaves; and that of these, about twenty-seven thousand died of the small pox and camp fever, and the rest were partly sent to the West Indies, and exchanged for rum, sugar, coffee and fruit, and partly sent to New York, from whence they went, at the peace, either to Nova Scotia or England. From this last place, I believe they have been lately sent to Africa. History will never relate the horrors committed by the British army in thesouthernStates of America. They raged in Virginia six months only, from the middle of April to the middle of October, 1781, when they were all taken prisoners; and I give you a faithful specimen of their transactions for ten days of that time, and on one spot only.Ex pede Herculem.I suppose their whole devastations during those six months, amounted to about three millions sterling. The copiousness of this subject has only left me space to assure you of the sentiments of esteem and respect, with which I am, Sir, your most obedient humble servant.