TO MR. RUTLEDGE.Paris, September 9, 1788.Dear Sir,—I have duly received your favors of August 30th and September 4th. The animal, whose skin you saw here, is called the Moose. Monsieur de Buffon had well known it by name; but he has supposed it to be the same as the Rennedeer of Lapland, in his history. Being satisfied myself that it was a different animal, I asked the favor of General Sullivan to have one killed for me, and to send me the skin and skeleton. This is what you saw, it is found only eastward of the Hudson river. M. de Buffon describes the Renne to be about three feet high, and truly, the Moose you saw here was seven feet high, and there are some of them ten feet high. The experiment was expensive to me, having cost me hunting, curing, and transporting, sixty guineas. The animal whose enormous bones are found on the Ohio, is supposed by M. de Buffon and M. Daubenton to have been an Elephant. Dr. Hunter demonstrated it not to have been an Elephant. Similar bones are found in Siberia, where it is called the Mammoth. The Indians of America say it still exists very far north in our continent. I suppose there is no such thing at Geneva as a copy of my notes on Virginia, or you might see the subject treated there somewhat at length, as also some shortnotice of the Moose. I am glad to hear you have been so happy as to become acquainted with M. de Saussure. He is certainly one of the best philosophers of the present age. Cautious in not letting his assent run before his evidence, he possesses the wisdom which so few possess of preferring ignorance to error. The contrary disposition in those who call themselves philosophers in this country classes them in fact with the writers of romance. You have heard that Virginia has acceded to the new Constitution. New York has done the same by a majority of five. No news from North Carolina. Congress were proceeding early in July to put the new government into motion, probably it will be December or January before the new Legislature is assembled. Were I to trouble Mr. Shippen with a letter, I could only repeat the same things over again. Be so good as to say this to him, to deliver him the enclosed letter with my friendly compliments, and to accept yourself assurances of the esteem with which I am, dear Sir, your most obedient humble servant.
Paris, September 9, 1788.
Dear Sir,—I have duly received your favors of August 30th and September 4th. The animal, whose skin you saw here, is called the Moose. Monsieur de Buffon had well known it by name; but he has supposed it to be the same as the Rennedeer of Lapland, in his history. Being satisfied myself that it was a different animal, I asked the favor of General Sullivan to have one killed for me, and to send me the skin and skeleton. This is what you saw, it is found only eastward of the Hudson river. M. de Buffon describes the Renne to be about three feet high, and truly, the Moose you saw here was seven feet high, and there are some of them ten feet high. The experiment was expensive to me, having cost me hunting, curing, and transporting, sixty guineas. The animal whose enormous bones are found on the Ohio, is supposed by M. de Buffon and M. Daubenton to have been an Elephant. Dr. Hunter demonstrated it not to have been an Elephant. Similar bones are found in Siberia, where it is called the Mammoth. The Indians of America say it still exists very far north in our continent. I suppose there is no such thing at Geneva as a copy of my notes on Virginia, or you might see the subject treated there somewhat at length, as also some shortnotice of the Moose. I am glad to hear you have been so happy as to become acquainted with M. de Saussure. He is certainly one of the best philosophers of the present age. Cautious in not letting his assent run before his evidence, he possesses the wisdom which so few possess of preferring ignorance to error. The contrary disposition in those who call themselves philosophers in this country classes them in fact with the writers of romance. You have heard that Virginia has acceded to the new Constitution. New York has done the same by a majority of five. No news from North Carolina. Congress were proceeding early in July to put the new government into motion, probably it will be December or January before the new Legislature is assembled. Were I to trouble Mr. Shippen with a letter, I could only repeat the same things over again. Be so good as to say this to him, to deliver him the enclosed letter with my friendly compliments, and to accept yourself assurances of the esteem with which I am, dear Sir, your most obedient humble servant.
TO MR. CUTTING.Paris, September 9, 1788.Dear Sir,—Your favor of the 6th instant is just come to hand. To answer your quotations from the English papers by reversing every proposition, would be to give you the literal truth, but it would be tedious. To lump it by saying every tittle is false, would be just but unsatisfactory. I will take the middle course, and give you a summary of political information as far as possessed here on tolerably sure grounds. On the Baltic nothing of note since the first great action. That was pretty equal in loss, but rather favorable to the Russians in appearance, because they kept the field while the Swedes retired into port. Since that the Swedes have had a sixty-four gun ship, the Gustavus Adolphus, run ashore and burnt, and the crew captured by the Russians. Their fleet is rather confined within port, I believe we may say blocked up, by Admiral Greigh. On land there has been nothingbut a petite guerre. The Swedes have failed in every enterprise. There is considerable discontent in the Swedish Senate and nation, because the King, contrary to their constitution, has commenced anoffensive warwithout consulting the Senate. On the Black Sea nothing has happened since the first victory obtained by the Prince of Nassau and Paul Jones, and the second and third by the Prince of Nassau. The Captain Pacha has thrown himself into Oczakow, made a sortie, and considerably discomfitted the Russians. The particulars not known; but the siege continues. The Emperor's army has suffered much by sickness and desertion, but more by imbecility. He has certainly let a campaign pass over without doing anything. Denmark has notified Sweden and the other courts that she will furnish the stipulated aid to Russia. England and Prussia have offered their mediation, and Denmark is endeavoring to counterpoise their interference by getting this court to offer to join in the mediation. The ministerial revolution here is the Archbishop of Sens, and Mr. Lambert, gone out, and Mr. Neckar come in, in lieu of the last; nobody will succeed the former, that is to say there will be no premier. Probably M. de Brienne, minister of war, will go out, as his brother is out; and it may be doubted whether M. de Lamorignon will not also go. He is Garde de Sceaux, as you know; there is no present appearance of any other change. A bed of justice will be held within a few days to revoke all that was done in that of the 8th of May, and to recall the parliaments. The States General will be called in January, probably. The two camps of twenty-five thousand men each, in the north of France, are now assembling. They are commanded by the Prince of Condé and Duke de Broglio. This is the sum of affairs as far as can be affirmed with certainty. If anything remarkable still turns up before your departure, I will do myself the pleasure of writing to you. I am, with great esteem, dear Sir, your most obedient humble servant.
Paris, September 9, 1788.
Dear Sir,—Your favor of the 6th instant is just come to hand. To answer your quotations from the English papers by reversing every proposition, would be to give you the literal truth, but it would be tedious. To lump it by saying every tittle is false, would be just but unsatisfactory. I will take the middle course, and give you a summary of political information as far as possessed here on tolerably sure grounds. On the Baltic nothing of note since the first great action. That was pretty equal in loss, but rather favorable to the Russians in appearance, because they kept the field while the Swedes retired into port. Since that the Swedes have had a sixty-four gun ship, the Gustavus Adolphus, run ashore and burnt, and the crew captured by the Russians. Their fleet is rather confined within port, I believe we may say blocked up, by Admiral Greigh. On land there has been nothingbut a petite guerre. The Swedes have failed in every enterprise. There is considerable discontent in the Swedish Senate and nation, because the King, contrary to their constitution, has commenced anoffensive warwithout consulting the Senate. On the Black Sea nothing has happened since the first victory obtained by the Prince of Nassau and Paul Jones, and the second and third by the Prince of Nassau. The Captain Pacha has thrown himself into Oczakow, made a sortie, and considerably discomfitted the Russians. The particulars not known; but the siege continues. The Emperor's army has suffered much by sickness and desertion, but more by imbecility. He has certainly let a campaign pass over without doing anything. Denmark has notified Sweden and the other courts that she will furnish the stipulated aid to Russia. England and Prussia have offered their mediation, and Denmark is endeavoring to counterpoise their interference by getting this court to offer to join in the mediation. The ministerial revolution here is the Archbishop of Sens, and Mr. Lambert, gone out, and Mr. Neckar come in, in lieu of the last; nobody will succeed the former, that is to say there will be no premier. Probably M. de Brienne, minister of war, will go out, as his brother is out; and it may be doubted whether M. de Lamorignon will not also go. He is Garde de Sceaux, as you know; there is no present appearance of any other change. A bed of justice will be held within a few days to revoke all that was done in that of the 8th of May, and to recall the parliaments. The States General will be called in January, probably. The two camps of twenty-five thousand men each, in the north of France, are now assembling. They are commanded by the Prince of Condé and Duke de Broglio. This is the sum of affairs as far as can be affirmed with certainty. If anything remarkable still turns up before your departure, I will do myself the pleasure of writing to you. I am, with great esteem, dear Sir, your most obedient humble servant.
TO THE COUNT DE MONTMORIN.Paris, September 11, 1788.Sir,—In the course of the last war, the house of Schweighauser and Dobrée, of Nantes, and Puchilberg of L'Orient, presented to Dr. Franklin a demand against the United States of America. He, being acquainted with the circumstances of the demand, and knowing it to be unfounded, refused to pay it. They thereupon procured seizure, by judiciary authority, of certain arms and other military stores which we had purchased in this country, and had deposited for embarkation at Nantes; and these stores have remained in that position ever since. Congress have lately instructed me to put an end to this matter. Unwilling to trouble your Excellency, whenever it can be avoided, I proposed to the parties to have the question decided by abitrators, to be chosen by us jointly. They have refused it, as you will see by their answers to my letters, copies of both which I have the honor to enclose you. I presume it to be well settled in practice, that the property of one sovereign is not permitted to be seized within the dominions of another; and that this practice is founded not only in mutual respect, but in mutual utility. To what the contrary practice would lead, is evident in the present case, wherein military stores have been stopped, in the course of a war, in which our greatest difficulties proceeded from the want of military stores. In their letter too, they make a merit of not having seized one of our ships of war, and certainly, the principle which admits the seizure of arms, would admit that of a whole fleet, and would often furnish an enemy the easiest means of defeating an expedition. The parties obliging me, then, to have recourse to your Excellency on this occasion, I am under the necessity of asking an order from you, for the immediate delivery of the stores and other property of the United States, at Nantes, detained by the house of Schweighauser and Dobrée, and that of Puchilberg, or by either of them, under a pretence of a judicial seizure.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, September 11, 1788.
Sir,—In the course of the last war, the house of Schweighauser and Dobrée, of Nantes, and Puchilberg of L'Orient, presented to Dr. Franklin a demand against the United States of America. He, being acquainted with the circumstances of the demand, and knowing it to be unfounded, refused to pay it. They thereupon procured seizure, by judiciary authority, of certain arms and other military stores which we had purchased in this country, and had deposited for embarkation at Nantes; and these stores have remained in that position ever since. Congress have lately instructed me to put an end to this matter. Unwilling to trouble your Excellency, whenever it can be avoided, I proposed to the parties to have the question decided by abitrators, to be chosen by us jointly. They have refused it, as you will see by their answers to my letters, copies of both which I have the honor to enclose you. I presume it to be well settled in practice, that the property of one sovereign is not permitted to be seized within the dominions of another; and that this practice is founded not only in mutual respect, but in mutual utility. To what the contrary practice would lead, is evident in the present case, wherein military stores have been stopped, in the course of a war, in which our greatest difficulties proceeded from the want of military stores. In their letter too, they make a merit of not having seized one of our ships of war, and certainly, the principle which admits the seizure of arms, would admit that of a whole fleet, and would often furnish an enemy the easiest means of defeating an expedition. The parties obliging me, then, to have recourse to your Excellency on this occasion, I am under the necessity of asking an order from you, for the immediate delivery of the stores and other property of the United States, at Nantes, detained by the house of Schweighauser and Dobrée, and that of Puchilberg, or by either of them, under a pretence of a judicial seizure.
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 M. DE REYNEVAL.Paris, September 16, 1788.Sir,—I have the honor now to enclose you my observations on the alteration proposed in the consular convention. There remain only three articles of those heretofore in question between us, to which I am unable to agree; that is to say, the second, proposing still to retain personal immunities for the consuls, and others attached to their office; the eighth, proposing that the navigation code of each nation, shall be established in the territories of the other; and the ninth, insisting that the ship's roll shall be conclusive evidence, that a person belongs to the ship.There are several new matters introduced into the draught; some of these are agreed to; others cannot be admitted, as being contrary to the same principles which had obliged me to disagree to some of the former articles. The greatest part of the eleventh, and the whole of the twelfth new articles, are in this predicament. They propose, that no person shall be arrested on board a merchant vessel, for any cause, but in presence of the consul; that no such vessel shall be visited, but in his presence; and that when the officers of justice have reason to believe that a criminal has taken refuge on board a vessel of war, the captain's word shall be conclusive evidence that he is not there.To the objections which I had the honor of stating in my letter to his Excellency, the Count de Montmorin, I have now that of adding some other observations, of which I request your perusal. I enclose with them a draught, on the basis of the one you were pleased to give me, altered so as to reconcile it to the spirit of our laws.I have the honor to be, with sentiments of the most perfect esteem and respect, Sir, your most obedient, and most humble servant.
Paris, September 16, 1788.
Sir,—I have the honor now to enclose you my observations on the alteration proposed in the consular convention. There remain only three articles of those heretofore in question between us, to which I am unable to agree; that is to say, the second, proposing still to retain personal immunities for the consuls, and others attached to their office; the eighth, proposing that the navigation code of each nation, shall be established in the territories of the other; and the ninth, insisting that the ship's roll shall be conclusive evidence, that a person belongs to the ship.
There are several new matters introduced into the draught; some of these are agreed to; others cannot be admitted, as being contrary to the same principles which had obliged me to disagree to some of the former articles. The greatest part of the eleventh, and the whole of the twelfth new articles, are in this predicament. They propose, that no person shall be arrested on board a merchant vessel, for any cause, but in presence of the consul; that no such vessel shall be visited, but in his presence; and that when the officers of justice have reason to believe that a criminal has taken refuge on board a vessel of war, the captain's word shall be conclusive evidence that he is not there.
To the objections which I had the honor of stating in my letter to his Excellency, the Count de Montmorin, I have now that of adding some other observations, of which I request your perusal. I enclose with them a draught, on the basis of the one you were pleased to give me, altered so as to reconcile it to the spirit of our laws.
I have the honor to be, with sentiments of the most perfect esteem and respect, Sir, your most obedient, and most humble servant.
TO THE MARQUIS DE LA ROUERIE.Paris, September 16, 1788.Sir,—On receiving the first letters which you did me the honor to write to me, on the arrears due to you from the UnitedStates, I informed you that I had nothing to do in the money department; that the subject of your letters belonged altogether to the treasury board, and to Mr. Grand, their banker here, to the former of whom I forwarded your letters. As I felt an anxiety, however, that the foreign officers should be paid, I took the liberty of pressing the treasury board, from time to time, to exert themselves for that effect; and I availed myself of an opportunity which occurred last spring, of setting on foot measures, which, with their approbation, might furnish the means of effecting this payment. So far my information to you went, and I added a supposition, that the treasury board would probably give orders on the subject, in the course of the month of July. But I made you no promise; it would have been strange if I had; nor does my office, nor anything I have ever said or done, subject me to the demand of immediate payment, which you are pleased to make on me, nor call on me for any declaration or answer, positive or negative.Finding that my interference, which was friendly only, and avowed to be inofficial, has given occasion to your letter of yesterday, in a style which I did not expect, and to which I can have no motive for further exposing myself, I must take the liberty of desiring that the correspondence between us on this subject, may cease. I presume that the certificate given you, points out the person, here or elsewhere, to whom your applications are to be made, and that he will inform you when he receives orders on your subject. I am, Sir, your humble servant.
Paris, September 16, 1788.
Sir,—On receiving the first letters which you did me the honor to write to me, on the arrears due to you from the UnitedStates, I informed you that I had nothing to do in the money department; that the subject of your letters belonged altogether to the treasury board, and to Mr. Grand, their banker here, to the former of whom I forwarded your letters. As I felt an anxiety, however, that the foreign officers should be paid, I took the liberty of pressing the treasury board, from time to time, to exert themselves for that effect; and I availed myself of an opportunity which occurred last spring, of setting on foot measures, which, with their approbation, might furnish the means of effecting this payment. So far my information to you went, and I added a supposition, that the treasury board would probably give orders on the subject, in the course of the month of July. But I made you no promise; it would have been strange if I had; nor does my office, nor anything I have ever said or done, subject me to the demand of immediate payment, which you are pleased to make on me, nor call on me for any declaration or answer, positive or negative.
Finding that my interference, which was friendly only, and avowed to be inofficial, has given occasion to your letter of yesterday, in a style which I did not expect, and to which I can have no motive for further exposing myself, I must take the liberty of desiring that the correspondence between us on this subject, may cease. I presume that the certificate given you, points out the person, here or elsewhere, to whom your applications are to be made, and that he will inform you when he receives orders on your subject. I am, Sir, your humble servant.
TO WILLIAM SHORT.Paris, September 20, 1788.Dear Sir,—The evening of your departure, a letter came by the way of London and New York, addressed to you, and probably from Virginia. I think you wished your American letters to remain here; I shall therefore keep it. The passport now enclosed, came the day after your departure; so also did a massof American letters for me, as low down as August the 10th. I shall give you their substance. The convention of Virginia annexed to their ratification of the new Constitution a copy of the State declaration of rights, not by way of condition, but to announce their attachment to them. They added, also, propositions for specific alterations of the Constitution. Among these was one for rendering the President incapable of serving more than eight years, in any term of sixteen. New York has followed the example of Virginia, expressing the substance of her bill of rights, (that is Virginia's,) and proposing amendments: these last differ much from those of Virginia; but they concur as to the President, only proposing that he shall be incapable of being elected more than twice. But I own I should like better than either of these what Luther Martin tells us was repeatedly voted and adhered to by the federal convention, and only altered about twelve days before their rising, when some members had gone off; to wit, that he should be elected for seven years, and incapable for ever after. But New York has taken another step, which gives uneasiness; she has written a circular letter to all the legislatures, asking their concurrence in an immediate convention for making amendments. No news yet from North Carolina. Electors are to be chosen the first Wednesday in January; the President to be elected the first Wednesday in February; the new legislature to meet the first week in March: the place is not yet decided on. Philadelphia was first proposed, and had six and a half votes; the half vote was Delaware, one of whose members wanted to take a vote on Wilmington; then Baltimore was proposed and carried, and afterwards rescinded, so that the matter stood open as ever on the 10th of August; but it was allowed the dispute lay only between New York and Philadelphia, and rather thought in favor of the last. The Rhode Island delegates had retired from Congress. Dr. Franklin was dangerously ill of the gout and stone on the 21st of July. My letters of August the 10th not mentioning him, I hope he was recovered. Warville, &c. were arrived. Congress had referred the decision, as to the independence of Kentucky, to the new government.Brown ascribes this to the jealousy of the northern States, who want Vermont to be received at the same time, in order to preserve a balance of interests in Congress. He was just setting out for Kentucky, disgusted, yet disposed to persuade to an acquiescence, though doubting they would immediately separate from the Union. The principal obstacle to this, he thought, would be the Indian war.The following is a quotation from a letter from Virginia, dated July the 12th. "P——n, though much impaired in health, and in every respect in the decline of life, showed as much zeal to carry the new Constitution as if he had been a young man; perhaps more than he discovered, in the commencement of the late revolution, in his opposition to Great Britain. W——e acted as chairman to the committee of the whole, and, of course, took but little part in the debate; but was for the adoption, relying on subsequent amendments. B——r said nothing, but was for it. The G——r exhibited a curious spectacle to view. Having refused to sign the paper, everybody supposed him against it; but he afterwards had written a letter, and having taken a part, which might be called rather vehement than active, he was constantly laboring to show that his present conduct was consistent with that letter, and that letter with his refusal to sign. M—d—n took the principal share in the debate for it; in which, together with the aid I have already mentioned, he was somewhat assisted by I—nn—s, Lee, M——l, C——n and G. N——s. M—s—n. H——y and Gr——n, were the principal supporters of the opposition. The discussion, as might be expected, where the parties were so nearly on a balance, was conducted generally with great order, propriety and respect of either party to the other."The assembly of Virginia, hurried to their harvests, would not enter into a discussion of the district bill, but suspended it to the next session. E. Winston is appointed a judge, vice Gabriel Jones resigned. R. Goode and Andrew Moore, Counsellors, vice B. Starke dead, and Joseph Egglestone resigned. It is said Wilson, of Philadelphia, is talked of, to succeed Mr. A. in London.Quære?The dispute about Virgil's tomb and the laurel, seems to be at length settled by the testimony of two travellers, given separately, and without a communication with each other. These both say, that attempting to pluck off a branch of the laurel, it followed their hand, being, in fact, nothing more than a plant or bough, recently cut and stuck in the ground for the occasion. The Cicerone acknowledged the roguery, and said they practised it with almost every traveller to get money. You will, of course, tug well at the laurel which shall be shown you, to see if this be the true solution.The President Dupaty is dead. Monsieur de Barentin,premier president de la cour des aides, is appointed Garde des Sceaux. The stocks are rather lower than when you left this. Present me in the most friendly terms to Messrs. Shippen and Rutledge. I rely on your communicating to them the news, and therefore on their pardoning me for not repeating it in separate letters to them. You can satisfy them how necessary this economy of my time and labor is. This goes to Geneva,poste restante. I shall not write again till you tell me where to write to.Accept very sincere assurances of the affection with which I am, dear Sir, your friend and servant.
Paris, September 20, 1788.
Dear Sir,—The evening of your departure, a letter came by the way of London and New York, addressed to you, and probably from Virginia. I think you wished your American letters to remain here; I shall therefore keep it. The passport now enclosed, came the day after your departure; so also did a massof American letters for me, as low down as August the 10th. I shall give you their substance. The convention of Virginia annexed to their ratification of the new Constitution a copy of the State declaration of rights, not by way of condition, but to announce their attachment to them. They added, also, propositions for specific alterations of the Constitution. Among these was one for rendering the President incapable of serving more than eight years, in any term of sixteen. New York has followed the example of Virginia, expressing the substance of her bill of rights, (that is Virginia's,) and proposing amendments: these last differ much from those of Virginia; but they concur as to the President, only proposing that he shall be incapable of being elected more than twice. But I own I should like better than either of these what Luther Martin tells us was repeatedly voted and adhered to by the federal convention, and only altered about twelve days before their rising, when some members had gone off; to wit, that he should be elected for seven years, and incapable for ever after. But New York has taken another step, which gives uneasiness; she has written a circular letter to all the legislatures, asking their concurrence in an immediate convention for making amendments. No news yet from North Carolina. Electors are to be chosen the first Wednesday in January; the President to be elected the first Wednesday in February; the new legislature to meet the first week in March: the place is not yet decided on. Philadelphia was first proposed, and had six and a half votes; the half vote was Delaware, one of whose members wanted to take a vote on Wilmington; then Baltimore was proposed and carried, and afterwards rescinded, so that the matter stood open as ever on the 10th of August; but it was allowed the dispute lay only between New York and Philadelphia, and rather thought in favor of the last. The Rhode Island delegates had retired from Congress. Dr. Franklin was dangerously ill of the gout and stone on the 21st of July. My letters of August the 10th not mentioning him, I hope he was recovered. Warville, &c. were arrived. Congress had referred the decision, as to the independence of Kentucky, to the new government.Brown ascribes this to the jealousy of the northern States, who want Vermont to be received at the same time, in order to preserve a balance of interests in Congress. He was just setting out for Kentucky, disgusted, yet disposed to persuade to an acquiescence, though doubting they would immediately separate from the Union. The principal obstacle to this, he thought, would be the Indian war.
The following is a quotation from a letter from Virginia, dated July the 12th. "P——n, though much impaired in health, and in every respect in the decline of life, showed as much zeal to carry the new Constitution as if he had been a young man; perhaps more than he discovered, in the commencement of the late revolution, in his opposition to Great Britain. W——e acted as chairman to the committee of the whole, and, of course, took but little part in the debate; but was for the adoption, relying on subsequent amendments. B——r said nothing, but was for it. The G——r exhibited a curious spectacle to view. Having refused to sign the paper, everybody supposed him against it; but he afterwards had written a letter, and having taken a part, which might be called rather vehement than active, he was constantly laboring to show that his present conduct was consistent with that letter, and that letter with his refusal to sign. M—d—n took the principal share in the debate for it; in which, together with the aid I have already mentioned, he was somewhat assisted by I—nn—s, Lee, M——l, C——n and G. N——s. M—s—n. H——y and Gr——n, were the principal supporters of the opposition. The discussion, as might be expected, where the parties were so nearly on a balance, was conducted generally with great order, propriety and respect of either party to the other."
The assembly of Virginia, hurried to their harvests, would not enter into a discussion of the district bill, but suspended it to the next session. E. Winston is appointed a judge, vice Gabriel Jones resigned. R. Goode and Andrew Moore, Counsellors, vice B. Starke dead, and Joseph Egglestone resigned. It is said Wilson, of Philadelphia, is talked of, to succeed Mr. A. in London.Quære?
The dispute about Virgil's tomb and the laurel, seems to be at length settled by the testimony of two travellers, given separately, and without a communication with each other. These both say, that attempting to pluck off a branch of the laurel, it followed their hand, being, in fact, nothing more than a plant or bough, recently cut and stuck in the ground for the occasion. The Cicerone acknowledged the roguery, and said they practised it with almost every traveller to get money. You will, of course, tug well at the laurel which shall be shown you, to see if this be the true solution.
The President Dupaty is dead. Monsieur de Barentin,premier president de la cour des aides, is appointed Garde des Sceaux. The stocks are rather lower than when you left this. Present me in the most friendly terms to Messrs. Shippen and Rutledge. I rely on your communicating to them the news, and therefore on their pardoning me for not repeating it in separate letters to them. You can satisfy them how necessary this economy of my time and labor is. This goes to Geneva,poste restante. I shall not write again till you tell me where to write to.
Accept very sincere assurances of the affection with which I am, dear Sir, your friend and servant.
TO MR. JAY.Paris, September 24, 1788.Sir,—Understanding that the vessel is not yet sailed from Havre, which is to carry my letters of the 3d and 5th instant, I am in hopes you will receive the present with them. The Russian accounts of their victories on the Black Sea, must have been greatly exaggerated. According to these, the Captain Pacha's fleet was annihilated; yet themselves have lately brought him on the stage again, with fifteen ships of the line, in order to obtain another victory over him. I believe the truth to be that he has suffered some checks, of what magnitude it is impossible tosay where one side alone is heard, and that he is still master of that sea. He has relieved Oczakow, which still holds out; Choczim also is still untaken, and the Emperor's situation is apprehended to be bad. He spun his army into a long cord, to cover several hundred miles of frontier, which put it in the power of the Turks to attack with their whole force wherever they pleased. Laudon, now called to head the imperial army, is endeavoring to collect it; but in the meantime the campaign is drawing to a close, and has been worse than fruitless. The resistance of Russia to Sweden, has been successful in every point, by sea and land. This, with the interference of Denmark, and the discontent of the Swedish nation, at the breach of their constitution, by the King's undertaking an offensive war, without the consent of the Senate, has obliged him to withdraw his attacks by land, and to express a willingness for peace; one-third of his officers have refused to serve. England and Prussia have offered their mediation between Sweden and Russia, in such equivocal terms, as to leave themselves at liberty to say it was an offer, or was not, just as it shall suit them. Denmark is asking the counter-offer of mediation from this court. If England and Prussia make a peace effectually in the north, (which it is absolutely in their power to do,) it will be a proof they do not intend to enter into the war; if they do not impose a peace, I should suspect they mean to engage themselves; as one can hardly suppose they would let the war go on in its present form, wherein Sweden must be crushed between Russia and Denmark.The Garde des Sceaux, M. de Lamoignon, was dismissed the 14th instant, and M. de Barentin is appointed in his room. The deputies of Bretagne are released from the Bastile, and M. d'Epermesnil and M. Sabatier recalled from their confinement. The parliament is not yet reinstated; but it is confidently said it will be this week. The stocks continue low, and the treasury under a hard struggle to keep the government in motion. It is believed the meeting of the States General will be as early as January, perhaps December. I have received a duplicate of the ratification of the loan of 1788, by Congress, and a duplicate ofa letter of July the 22d, from the treasury board, on another subject, but none on that of the captives or foreign officers. I suppose some cause of delay must have intervened between the ratification of Congress, and the consequent orders of the Treasury Board. I have the honor to be, with sentiments of the most perfect esteem and respect, Sir, your most obedient, and most humble servant.
Paris, September 24, 1788.
Sir,—Understanding that the vessel is not yet sailed from Havre, which is to carry my letters of the 3d and 5th instant, I am in hopes you will receive the present with them. The Russian accounts of their victories on the Black Sea, must have been greatly exaggerated. According to these, the Captain Pacha's fleet was annihilated; yet themselves have lately brought him on the stage again, with fifteen ships of the line, in order to obtain another victory over him. I believe the truth to be that he has suffered some checks, of what magnitude it is impossible tosay where one side alone is heard, and that he is still master of that sea. He has relieved Oczakow, which still holds out; Choczim also is still untaken, and the Emperor's situation is apprehended to be bad. He spun his army into a long cord, to cover several hundred miles of frontier, which put it in the power of the Turks to attack with their whole force wherever they pleased. Laudon, now called to head the imperial army, is endeavoring to collect it; but in the meantime the campaign is drawing to a close, and has been worse than fruitless. The resistance of Russia to Sweden, has been successful in every point, by sea and land. This, with the interference of Denmark, and the discontent of the Swedish nation, at the breach of their constitution, by the King's undertaking an offensive war, without the consent of the Senate, has obliged him to withdraw his attacks by land, and to express a willingness for peace; one-third of his officers have refused to serve. England and Prussia have offered their mediation between Sweden and Russia, in such equivocal terms, as to leave themselves at liberty to say it was an offer, or was not, just as it shall suit them. Denmark is asking the counter-offer of mediation from this court. If England and Prussia make a peace effectually in the north, (which it is absolutely in their power to do,) it will be a proof they do not intend to enter into the war; if they do not impose a peace, I should suspect they mean to engage themselves; as one can hardly suppose they would let the war go on in its present form, wherein Sweden must be crushed between Russia and Denmark.
The Garde des Sceaux, M. de Lamoignon, was dismissed the 14th instant, and M. de Barentin is appointed in his room. The deputies of Bretagne are released from the Bastile, and M. d'Epermesnil and M. Sabatier recalled from their confinement. The parliament is not yet reinstated; but it is confidently said it will be this week. The stocks continue low, and the treasury under a hard struggle to keep the government in motion. It is believed the meeting of the States General will be as early as January, perhaps December. I have received a duplicate of the ratification of the loan of 1788, by Congress, and a duplicate ofa letter of July the 22d, from the treasury board, on another subject, but none on that of the captives or foreign officers. I suppose some cause of delay must have intervened between the ratification of Congress, and the consequent orders of the Treasury Board. I have the honor to be, with sentiments of the most perfect esteem and respect, Sir, your most obedient, and most humble servant.
TO MR. SHIPPEN.Paris, September 29, 1788.Dear Sir,—Your favor of the 22d is just received. My occupations obliging me to economize my time and labor, where it can be done, I have, since your departure, addressed either yourself or Mr. Rutledge singly, hoping your goodness would excuse my writing to either for both. In like manner, I have lately written to Mr. Short for all three. I now take the liberty of addressing you for the triumvirate. No news yet from North Carolina; but in such a case no news is good news, as an unfavorable decision of the 12th State would have flown like an electrical shock through America and Europe. A letter from Governor Rutledge of August 10th, says nothing of North Carolina; this silence is a proof that all was well. That convention was to meet July 23d, and not July 4th, as we had been told. A dispute is excited in Philadelphia which is likely to make a noise. Oswald, the printer, being sued, published something in his own paper relative to the cause. It was construed by the judges a contempt of the court. They made a rule against him to show cause why he should not be attached. He appeared, the attachment was awarded, and he called on to answer interrogatories. He refused to answer interrogatories. The court gave him till next morning to consider. He appeared then, and still refused. By that time, however, it would seem as if the court themselves had considered better of it, for their counsel (I suspect it was W——n), declared it was never the intention of the court tocompel him to answer interrogatories, and accordingly, without proposing any, or hearing his counsel, they committed him to prison for one month, and fined him ten pounds. Hereupon petitions were signed, one to the Executive to pardon Oswald, the other to the Legislature to punish the judges. The news of this country since my letter to Mr. Short, is that the Bretagne deputies are recalled from the Bastile, and d'Epermesnil and Sabatier from their prisons; the etats genereaux are to meet in the course of January, the court keeping the day of the month still in reserve; the parliament has returned to its functions by permission. Their first arreté has been to demand the etats genereaux in the form of 1614. Here the cloven hoof begins to appear. While the existence of parliament itself was endangered by the royal authority, they were calling for the etats genereaux; now they obtained a kind of victory, they see danger to themselves from those very etats genereaux, and determine to have them in a form which will neither merit nor command the confidence of the nation, or to prepare a ground for combatting their authority if they should be well-composed, and should propose a reformation of the parliaments. I will, immediately, according to the desire you are pleased to express, send a French copy of the notes on Virginia to the Syndic Cayla. M. Tronchin goes there himself this week. I am very sorry you are obliged to abridge your tour. With respect to your route from Milan to London, on which you were pleased to consult me, I would certainly prefer Genoa, thence along the coast to Nice, (absolutely by land, in defiance of all the persuasions you will be exposed to go by water,) thence to Toulon and Marseilles. There it will depend on your time, whether you will go by Nismes, the canal of Languedoc (in the post boat), Bordeaux, Paris and Calais, or whether you must come on directly from Marseilles to Paris and Calais. But even in the latter case, make the small deviation to Nismes, to see the most perfect remains of antiquity which exist on earth. My absence from Paris becomes more doubtful than it was. I had hoped to go to Champagne to see the vintage. I am not certain now that my business will permit it in every case; letterssent to me here will be properly forwarded. Present my affectionate regards to your two travelling companions, and be assured of the esteem and attachment with which I am sincerely, dear Sir, your affectionate friend and servant.
Paris, September 29, 1788.
Dear Sir,—Your favor of the 22d is just received. My occupations obliging me to economize my time and labor, where it can be done, I have, since your departure, addressed either yourself or Mr. Rutledge singly, hoping your goodness would excuse my writing to either for both. In like manner, I have lately written to Mr. Short for all three. I now take the liberty of addressing you for the triumvirate. No news yet from North Carolina; but in such a case no news is good news, as an unfavorable decision of the 12th State would have flown like an electrical shock through America and Europe. A letter from Governor Rutledge of August 10th, says nothing of North Carolina; this silence is a proof that all was well. That convention was to meet July 23d, and not July 4th, as we had been told. A dispute is excited in Philadelphia which is likely to make a noise. Oswald, the printer, being sued, published something in his own paper relative to the cause. It was construed by the judges a contempt of the court. They made a rule against him to show cause why he should not be attached. He appeared, the attachment was awarded, and he called on to answer interrogatories. He refused to answer interrogatories. The court gave him till next morning to consider. He appeared then, and still refused. By that time, however, it would seem as if the court themselves had considered better of it, for their counsel (I suspect it was W——n), declared it was never the intention of the court tocompel him to answer interrogatories, and accordingly, without proposing any, or hearing his counsel, they committed him to prison for one month, and fined him ten pounds. Hereupon petitions were signed, one to the Executive to pardon Oswald, the other to the Legislature to punish the judges. The news of this country since my letter to Mr. Short, is that the Bretagne deputies are recalled from the Bastile, and d'Epermesnil and Sabatier from their prisons; the etats genereaux are to meet in the course of January, the court keeping the day of the month still in reserve; the parliament has returned to its functions by permission. Their first arreté has been to demand the etats genereaux in the form of 1614. Here the cloven hoof begins to appear. While the existence of parliament itself was endangered by the royal authority, they were calling for the etats genereaux; now they obtained a kind of victory, they see danger to themselves from those very etats genereaux, and determine to have them in a form which will neither merit nor command the confidence of the nation, or to prepare a ground for combatting their authority if they should be well-composed, and should propose a reformation of the parliaments. I will, immediately, according to the desire you are pleased to express, send a French copy of the notes on Virginia to the Syndic Cayla. M. Tronchin goes there himself this week. I am very sorry you are obliged to abridge your tour. With respect to your route from Milan to London, on which you were pleased to consult me, I would certainly prefer Genoa, thence along the coast to Nice, (absolutely by land, in defiance of all the persuasions you will be exposed to go by water,) thence to Toulon and Marseilles. There it will depend on your time, whether you will go by Nismes, the canal of Languedoc (in the post boat), Bordeaux, Paris and Calais, or whether you must come on directly from Marseilles to Paris and Calais. But even in the latter case, make the small deviation to Nismes, to see the most perfect remains of antiquity which exist on earth. My absence from Paris becomes more doubtful than it was. I had hoped to go to Champagne to see the vintage. I am not certain now that my business will permit it in every case; letterssent to me here will be properly forwarded. Present my affectionate regards to your two travelling companions, and be assured of the esteem and attachment with which I am sincerely, dear Sir, your affectionate friend and servant.
TO M. DE REYNEVAL.Paris, October 1, 1788.Sir,—I have now the honor of enclosing to you a copy of the letter of September the 16th, which I had that of writing to his Excellency the Count de Montmorin, with the papers therein referred to, and of soliciting the order I have asked for. The originals were sent at the date before mentioned. Notwithstanding the refusal of the houses of Schweighauser and Dobrée, and of Puchilberg, to settle their claim against the United States by arbitration, as I proposed to them, the United States will still be ready to do them justice. But those houses must first retire from the only two propositions they have ever yet made, to wit, either a payment of their demand without discussion, or a discussion before the tribunals of the country. In the meantime, I shall hope an acknowledgment with respect to us, of the principle which holds as to other nations; that our public property here, cannot be seized by the territorial judge. It is the more interesting to us, as we shall be more and longer exposed than other nations, to draw arms and military stores from Europe. Our preference of this country, has occasioned us to draw them from hence alone, since the peace; and the friendship we have constantly experienced from the government, will, we doubt not, on this and every other occasion, insure to us the protection of what we purchase. I have the honor to be, Sir, your friend and servant.
Paris, October 1, 1788.
Sir,—I have now the honor of enclosing to you a copy of the letter of September the 16th, which I had that of writing to his Excellency the Count de Montmorin, with the papers therein referred to, and of soliciting the order I have asked for. The originals were sent at the date before mentioned. Notwithstanding the refusal of the houses of Schweighauser and Dobrée, and of Puchilberg, to settle their claim against the United States by arbitration, as I proposed to them, the United States will still be ready to do them justice. But those houses must first retire from the only two propositions they have ever yet made, to wit, either a payment of their demand without discussion, or a discussion before the tribunals of the country. In the meantime, I shall hope an acknowledgment with respect to us, of the principle which holds as to other nations; that our public property here, cannot be seized by the territorial judge. It is the more interesting to us, as we shall be more and longer exposed than other nations, to draw arms and military stores from Europe. Our preference of this country, has occasioned us to draw them from hence alone, since the peace; and the friendship we have constantly experienced from the government, will, we doubt not, on this and every other occasion, insure to us the protection of what we purchase. I have the honor to be, Sir, your friend and servant.
TO MR. CUTTING.Paris, Oct. 2, 1788.Dear Sir,—I am now to acknowledge the receipt of your favors of the 16th and 23d ultimo, and to thank you for the intelligencethey conveyed. That respecting the case of the interrogatories in Pennsylvania, ought to make a noise. So evident a heresy in the common law, ought not to be tolerated on the authority of two or three civilians, who happened, unfortunately, to make authority in the courts of England. I hold it essential, in America, to forbid that any English decision which has happened since the accession of Lord Mansfield to the bench, should ever be cited in a court; because, though there have come many good ones from him, yet there is so much sly poison instilled into a great part of them, that it is better to proscribe the whole. Can you inform me what has been done by England, on the subject of our wheat and flour? The papers say it is prohibited, even in Hanover. How do their whale fisheries turn out this year? I hope a deep wound will be given them in that article, soon, and such as will leave us in no danger from their competition.I am, with very great esteem, dear Sir, your most obedient humble servant.
Paris, Oct. 2, 1788.
Dear Sir,—I am now to acknowledge the receipt of your favors of the 16th and 23d ultimo, and to thank you for the intelligencethey conveyed. That respecting the case of the interrogatories in Pennsylvania, ought to make a noise. So evident a heresy in the common law, ought not to be tolerated on the authority of two or three civilians, who happened, unfortunately, to make authority in the courts of England. I hold it essential, in America, to forbid that any English decision which has happened since the accession of Lord Mansfield to the bench, should ever be cited in a court; because, though there have come many good ones from him, yet there is so much sly poison instilled into a great part of them, that it is better to proscribe the whole. Can you inform me what has been done by England, on the subject of our wheat and flour? The papers say it is prohibited, even in Hanover. How do their whale fisheries turn out this year? I hope a deep wound will be given them in that article, soon, and such as will leave us in no danger from their competition.
I am, with very great esteem, dear Sir, your most obedient humble servant.
TO HIS EXCELLENCY THE COUNT DE MONTMORIN.Paris, October 23, 1788.Sir,—I take the liberty of troubling your Excellency on the subject of theArretwhich has lately appeared for prohibiting the importation of whale oil and spermaceti, the produce of foreign fisheries. This prohibition being expressed in general terms, seems to exclude the whale oils of the United States of America, as well as of the nations of Europe. The uniform disposition, however, which his majesty and his ministers have shown to promote the commerce between France and the United States, by encouraging our productions to come hither, and particularly those of our fisheries, induces me to hope that these were not within their view at the passing of thisArret. I am led the more into this opinion, when I recollect the assiduity employed for several months, in the year 1785, by the committee appointed by government to investigate the objects of commerce of thetwo countries, and to report the encouragement of which it was susceptible. The result of that investigation, which his Majesty's Comptroller General did me the honor to communicate in a letter of the 22d of October, 1786, stating therein the principles which should be established for the future regulation of that commerce, and particularly distinguishing the article of whale oils by an abatement of the duties on them for the present, and a promise of farther abatement after the year 1790. The thorough re-investigation with which Monsieur de Lambert honored this subject, when the letter of 1786 was to be put into the form of anArret, thatArretitself bearing date the 29th of December last, which ultimately confirmed the abatement of duty, present and future, and Hord declared that his Majesty reserved himself to grant other favors to that production, if, on further information, he shall find it for the interest of the two nations;—and finally, the letter in which M. Lambert did me the honor to enclose theArret, and to assure me that the duties which had been levied on our whale oils contrary to the intention of our letter of 1786, should be restored. On a review of all these circumstances, I cannot but presume that it has not been intended to reverse in a moment views so maturely digested and uniformly pursued; and that the general expressions of theArretof September the 28th, had within their contemplation the nations of Europe only. This presumption is further strengthened by having observed that in the treaties of commerce, made since the epoch of our independence, thejura gentis amiciform conceded to other nations, are expressly restrained to those of the most favored European nations: his Majesty wisely foreseeing that it would be expedient to regulate the commerce of a nation, which brings nothing but raw materials to employ the industry of his subjects, very differently from that of the European nations, who bring mostly what has already passed through all the stages of manufacture. On these considerations, I take the liberty of asking information from your Excellency as to the intent of the lateArret; and if I have not been mistaken in supposing it did not mean to abridge that of December 29th, I would solicit an explanatoryArret, to prevent the misconstructions of it which will otherwise take place. It is much to be desired, too, that this explanation could be given as soon as possible, in order that it may be handed out with theArretof September 28th. Great alarm will otherwise be spread among the merchants and adventurers in the fisheries; who, confiding in the stability of regulations, which his Majesty's wisdom had so long and well matured, have embarked their fortunes in speculations in this branch of business. The importance of the subject to one of the principal members of our Union, induces me to attend with great anxiety a re-assurance from your Excellency that no change has taken place in his Majesty's views on this subject; and that his dispositions to multiply, rather than diminish the combinations of interest between the two people, continue unaltered.Commerce is slow in changing its channel. That between this country and the United States is as yet but beginning, and this beginning has received some checks. TheArretin question would be a considerable one, without the explanations I have the honor to ask. I am persuaded that a continuation of the dispositions which have been hitherto manifested towards us, will ensure effects, political and commercial, of value to both nations.I have had too many proofs of the friendly interest your Excellency is pleased to take in whatever may strengthen the bands and connect the views of the two countries, to doubt your patronage of the present application, or to pretermit any occasion of repeating assurances of those sentiments of high respect and esteem with which I have the honor to be, your Excellency's most obedient, and most humble servant.
Paris, October 23, 1788.
Sir,—I take the liberty of troubling your Excellency on the subject of theArretwhich has lately appeared for prohibiting the importation of whale oil and spermaceti, the produce of foreign fisheries. This prohibition being expressed in general terms, seems to exclude the whale oils of the United States of America, as well as of the nations of Europe. The uniform disposition, however, which his majesty and his ministers have shown to promote the commerce between France and the United States, by encouraging our productions to come hither, and particularly those of our fisheries, induces me to hope that these were not within their view at the passing of thisArret. I am led the more into this opinion, when I recollect the assiduity employed for several months, in the year 1785, by the committee appointed by government to investigate the objects of commerce of thetwo countries, and to report the encouragement of which it was susceptible. The result of that investigation, which his Majesty's Comptroller General did me the honor to communicate in a letter of the 22d of October, 1786, stating therein the principles which should be established for the future regulation of that commerce, and particularly distinguishing the article of whale oils by an abatement of the duties on them for the present, and a promise of farther abatement after the year 1790. The thorough re-investigation with which Monsieur de Lambert honored this subject, when the letter of 1786 was to be put into the form of anArret, thatArretitself bearing date the 29th of December last, which ultimately confirmed the abatement of duty, present and future, and Hord declared that his Majesty reserved himself to grant other favors to that production, if, on further information, he shall find it for the interest of the two nations;—and finally, the letter in which M. Lambert did me the honor to enclose theArret, and to assure me that the duties which had been levied on our whale oils contrary to the intention of our letter of 1786, should be restored. On a review of all these circumstances, I cannot but presume that it has not been intended to reverse in a moment views so maturely digested and uniformly pursued; and that the general expressions of theArretof September the 28th, had within their contemplation the nations of Europe only. This presumption is further strengthened by having observed that in the treaties of commerce, made since the epoch of our independence, thejura gentis amiciform conceded to other nations, are expressly restrained to those of the most favored European nations: his Majesty wisely foreseeing that it would be expedient to regulate the commerce of a nation, which brings nothing but raw materials to employ the industry of his subjects, very differently from that of the European nations, who bring mostly what has already passed through all the stages of manufacture. On these considerations, I take the liberty of asking information from your Excellency as to the intent of the lateArret; and if I have not been mistaken in supposing it did not mean to abridge that of December 29th, I would solicit an explanatoryArret, to prevent the misconstructions of it which will otherwise take place. It is much to be desired, too, that this explanation could be given as soon as possible, in order that it may be handed out with theArretof September 28th. Great alarm will otherwise be spread among the merchants and adventurers in the fisheries; who, confiding in the stability of regulations, which his Majesty's wisdom had so long and well matured, have embarked their fortunes in speculations in this branch of business. The importance of the subject to one of the principal members of our Union, induces me to attend with great anxiety a re-assurance from your Excellency that no change has taken place in his Majesty's views on this subject; and that his dispositions to multiply, rather than diminish the combinations of interest between the two people, continue unaltered.
Commerce is slow in changing its channel. That between this country and the United States is as yet but beginning, and this beginning has received some checks. TheArretin question would be a considerable one, without the explanations I have the honor to ask. I am persuaded that a continuation of the dispositions which have been hitherto manifested towards us, will ensure effects, political and commercial, of value to both nations.
I have had too many proofs of the friendly interest your Excellency is pleased to take in whatever may strengthen the bands and connect the views of the two countries, to doubt your patronage of the present application, or to pretermit any occasion of repeating assurances of those sentiments of high respect and esteem with which I have the honor to be, your Excellency's most obedient, and most humble servant.
TO MR. SHORT.Paris, November 2, 1788.Dear Sir,— * * * * *Our news from America is to the beginning of October. Pennsylvania had elected its two Senators for the new government, Robert Morris and a Mr. McCay. Morris had an arrival fromChina worth £150,000. An ill-understanding between Mr. Adams and Mr. Hancock, both proposed as Vice-Presidents, and every State likely to bring forward a candidate of their own, in which case, you know, the Senate will choose from among those possessing the greatest number of votes, if there be an equality of votes. A general hail storm about the 26th of August has done great mischief from New Hampshire to Virginia. It occasioned the price of tobacco there immediately to rise to 30s. The King of England has for some time been at death's door. His disease is dropsical, tending to the head. A perpetual delirium, with rare and doubtful lucid intervals, makes it strongly believed to be a regular hydrocephalus, in which case the skilful pronounce either his death or insanity. The parliament was to meet yesterday on its prorogation, and it was under contemplation that they should establish a regency. Here, the Notables are in session, but they have deservedly lost their popularity. It is evident that the court wishes to give to thetiers etata double number of votes. The bureau of Monsieur voted this by a majority of one voice only. The other bureau rejected it almost unanimously. There is a great outcry against this, and the friends of the people and of justice will try the question over again in an assembly of all the bureaux—but there seem no hopes of success. This is the first event which has shown that there will be a combination of the nobles and clergy, and consequently it will throw the people decidedly into the scale of the King. This may end in liberty or despotism, at his will. I think that both he and his ministry are in favor of liberty, and that having twenty-three millions and a half of the people on their side, they will call the other half million to order, and show them that instead of being two thirds of the nation, they are but the forty-eighth.
Paris, November 2, 1788.
Dear Sir,— * * * * *
Our news from America is to the beginning of October. Pennsylvania had elected its two Senators for the new government, Robert Morris and a Mr. McCay. Morris had an arrival fromChina worth £150,000. An ill-understanding between Mr. Adams and Mr. Hancock, both proposed as Vice-Presidents, and every State likely to bring forward a candidate of their own, in which case, you know, the Senate will choose from among those possessing the greatest number of votes, if there be an equality of votes. A general hail storm about the 26th of August has done great mischief from New Hampshire to Virginia. It occasioned the price of tobacco there immediately to rise to 30s. The King of England has for some time been at death's door. His disease is dropsical, tending to the head. A perpetual delirium, with rare and doubtful lucid intervals, makes it strongly believed to be a regular hydrocephalus, in which case the skilful pronounce either his death or insanity. The parliament was to meet yesterday on its prorogation, and it was under contemplation that they should establish a regency. Here, the Notables are in session, but they have deservedly lost their popularity. It is evident that the court wishes to give to thetiers etata double number of votes. The bureau of Monsieur voted this by a majority of one voice only. The other bureau rejected it almost unanimously. There is a great outcry against this, and the friends of the people and of justice will try the question over again in an assembly of all the bureaux—but there seem no hopes of success. This is the first event which has shown that there will be a combination of the nobles and clergy, and consequently it will throw the people decidedly into the scale of the King. This may end in liberty or despotism, at his will. I think that both he and his ministry are in favor of liberty, and that having twenty-three millions and a half of the people on their side, they will call the other half million to order, and show them that instead of being two thirds of the nation, they are but the forty-eighth.
TO MR. CUTTING.Paris, November 3, 1788.Dear Sir,—I have now the honor to acknowledge your favors of the 30th of September, 5th, 6th, 7th and 17th of October, whichI should have done sooner, but that there was no new occurrence well ascertained and worth communicating. I think it now pretty certain that an alliance is entered into between England, Prussia, and Sweden, to which Holland is to accede, so as to make it quadruple. The Prussian army is on its march towards Holstein, under the command of Prince Frederick of Brunswick; a poor head. There is also said to be an army of 60,000 Prussians in Silesia, ready to overawe Poland, should it take side with Russia. Of this last fact, however, I am not sure. It would seem, then, as if Prussia meant to enter into the war, or is it only to induce Denmark to withdraw and leave Russia and Sweden to fight their own battles? If it does not produce this effect, will England lie by, and only engage in case France should move? These are points uncertain as yet. One thing is certain: that this country will make no move which may engage her in war, till after herEtats Genereux. The Notables meet on Thursday next, to decide on the form of composing and calling theEtats Genereux. What will be their form, cannot yet be foreseen; much less what they will do. They will undoubtedly give money to the government, but probably for a short time, and make it the price of some concessions from the King for limiting his own rights, and enlarging those of the nation. They will surely provide for the regular convocation of the States General in future. Other things talked of, are a bill of rights, habeas corpus civil list, and a negative at least on legislative acts. The kingdom has been in the most perfect tranquillity since the announcing the States General for January. I doubt, however, the possibility of convoking them so soon.Prince Henry of Russia arrived here the day before yesterday. Remarkable deaths are the Marshal de Biron and Marquis de Chastellux.Nobody wishes more sincerely than I do to see the States, individually as well as collectively, extricate themselves from their debts. But having, in the letters I formerly gave you for South Carolina, said as much on that subject as prudence would permit me, I am afraid to add anything more. I thank you foryour information on the subject of the whale fishery. After the hint I gave you, you would not expect to see theArretof September 26th. I cannot now explain it to you, nor tell you with certainty in what form it will finally rest as to us. I am, with very great esteem, dear Sir, your most obedient humble servant.
Paris, November 3, 1788.
Dear Sir,—I have now the honor to acknowledge your favors of the 30th of September, 5th, 6th, 7th and 17th of October, whichI should have done sooner, but that there was no new occurrence well ascertained and worth communicating. I think it now pretty certain that an alliance is entered into between England, Prussia, and Sweden, to which Holland is to accede, so as to make it quadruple. The Prussian army is on its march towards Holstein, under the command of Prince Frederick of Brunswick; a poor head. There is also said to be an army of 60,000 Prussians in Silesia, ready to overawe Poland, should it take side with Russia. Of this last fact, however, I am not sure. It would seem, then, as if Prussia meant to enter into the war, or is it only to induce Denmark to withdraw and leave Russia and Sweden to fight their own battles? If it does not produce this effect, will England lie by, and only engage in case France should move? These are points uncertain as yet. One thing is certain: that this country will make no move which may engage her in war, till after herEtats Genereux. The Notables meet on Thursday next, to decide on the form of composing and calling theEtats Genereux. What will be their form, cannot yet be foreseen; much less what they will do. They will undoubtedly give money to the government, but probably for a short time, and make it the price of some concessions from the King for limiting his own rights, and enlarging those of the nation. They will surely provide for the regular convocation of the States General in future. Other things talked of, are a bill of rights, habeas corpus civil list, and a negative at least on legislative acts. The kingdom has been in the most perfect tranquillity since the announcing the States General for January. I doubt, however, the possibility of convoking them so soon.
Prince Henry of Russia arrived here the day before yesterday. Remarkable deaths are the Marshal de Biron and Marquis de Chastellux.
Nobody wishes more sincerely than I do to see the States, individually as well as collectively, extricate themselves from their debts. But having, in the letters I formerly gave you for South Carolina, said as much on that subject as prudence would permit me, I am afraid to add anything more. I thank you foryour information on the subject of the whale fishery. After the hint I gave you, you would not expect to see theArretof September 26th. I cannot now explain it to you, nor tell you with certainty in what form it will finally rest as to us. I am, with very great esteem, dear Sir, your most obedient humble servant.
TO MR. DUMAS.Paris, November 3, 1788.Dear Sir,—I have duly received your favors of the 10th and 23d of October, and sincerely sympathize with you in your sufferings, without being able to relieve them. Nor can I even conjecture what Congress will decide as to the Brussels proposition. I should be puzzled myself to suggest anything better at this moment.You have doubtless heard that North Carolina has thought it best to propose amendments to the new Constitution before acceding to it. She has no disposition to separate from the Union, even if no amendments be made, as she has not come to a negative decision, but left the matter open. So many States have desired alterations, that I suppose those will be made in which almost all have agreed. A bill of rights will comprehend most of them. In the meantime, the new government will go on.The Notables meet at Versailles the day after to-morrow, to decide on the composition and convocation of the States General. Till the States shall meet, this country will probably not take any measure which may engage it in a war. In the meantime, the King of Prussia seems itching to be engaged. He calculates only on the torpitude of the present moment in which France is: he does not seem to take into account the difference between his head and the late King's. This may be equal, perhaps, to half his army. I have the honor to be, with great esteem and attachment, dear Sir, your most obedient humble servant.
Paris, November 3, 1788.
Dear Sir,—I have duly received your favors of the 10th and 23d of October, and sincerely sympathize with you in your sufferings, without being able to relieve them. Nor can I even conjecture what Congress will decide as to the Brussels proposition. I should be puzzled myself to suggest anything better at this moment.
You have doubtless heard that North Carolina has thought it best to propose amendments to the new Constitution before acceding to it. She has no disposition to separate from the Union, even if no amendments be made, as she has not come to a negative decision, but left the matter open. So many States have desired alterations, that I suppose those will be made in which almost all have agreed. A bill of rights will comprehend most of them. In the meantime, the new government will go on.
The Notables meet at Versailles the day after to-morrow, to decide on the composition and convocation of the States General. Till the States shall meet, this country will probably not take any measure which may engage it in a war. In the meantime, the King of Prussia seems itching to be engaged. He calculates only on the torpitude of the present moment in which France is: he does not seem to take into account the difference between his head and the late King's. This may be equal, perhaps, to half his army. I have the honor to be, with great esteem and attachment, dear Sir, your most obedient humble servant.
TO MR. JAY.Paris, November 14, 1788.Sir,—In my letter of December the 21st, 1787, I had the honor of acknowledging the receipt of your two favors of July the 27th, 1787, which had come to my hands December the 19th, and brought with them my full powers for treating on the subject of the consular convention. Being then much engaged in getting forward theArretwhich came out on the 29th of December, and willing to leave some interval between that act and the solicitation of a reconsideration of our consular convention, I had declined mentioning it, for some time, and was just about to bring it on the carpet, when it became necessary for me to go to Amsterdam. Immediately after my return, which was about the last of April, I introduced the subject to the Count de Montmorin, and have followed it unremittingly, from that time. The office of Marine, as well as that of Foreign Affairs, being to be consulted in all the stages of the negotiation, has protracted its conclusion till this time; it is at length signed this day, and I have now the honor to enclose the original, for the ratification of Congress. The principal changes effected are the following:The clauses of the Convention of 1784, clothing consuls with privileges of the law of nations, are struck out, and they are expressly subjected, in their persons and property, to the laws of the land.That giving the right of sanctuary to their houses, is reduced to a protection of their chancery room and its papers.Their coercive powers over passengers are taken away; and over those, whom they might have termed deserters of their nation, are restrained to deserted seamen only.The clause, allowing them to arrest and send back vessels, is struck out, and instead of it, they are allowed to exercise a police over the ships of their nation generally.So is that, which declared the indelibility of the character of the subject, and the explanation and extension of the eleventh article of the treaty of amity.The innovations in the laws of evidence are done away; and the convention is limited to twelve years' duration. Convinced that the fewer examples, the better, of either persons or causes unamenable to the laws of the land, I could have wished still more had been done; but more could not be done, with good humor. The extensions of authority given by the convention of 1784, were so homogeneous with the spirit of this government, that they were prized here. Monsieur de Reyneval has had the principal charge of arranging this instrument with me; and, in justice to him, I must say, I could not have desired more reasonable and friendly dispositions, than he demonstrated through the whole of it.I enclose herewith, the several schemes successively proposed between us, together with the copies of the written observations given in with them, and which served as texts of discussion, in our personal conferences. They may serve as a commentary on any passage which may need it, either now or hereafter, and as a history how any particular passage comes to stand as it does. No. 1, is the convention of 1784. No. 2, is my first scheme. No. 3, theirs in answer to it. No. 4, my next, which brought us so near together, that, in a conference on that, we arranged it in the form in which it has been signed. I add No. 5, the copy of a translation which I have put into their hands, with a request, that if they find any passages in which the sense of the original is not faithfully rendered, they will point them out to me; otherwise, we may consider it as having their approbation. This, and the convention of 1784 (marked No. 1), are placed side by side, so as to present to the eye, with less trouble, the changes made; and I enclose a number of printed copies of them, for the use of the members, who will have to decide on the ratification. It is desirable that the ratification should be sent here for exchange, as soon as possible.With respect to the consular appointments, it is a duty on me to add some observations, which my situation here has enabled me to make. I think it was in the spring of 1784, that Congress (harassed by multiplied applications from foreigners, ofwhom nothing was known but on their own information, or on that of others as unknown as themselves) came to a resolution, that the interest of America would not permit the naming any person not a citizen, to the office of consul, vice-consul, agent or commissary. This was intended as a general answer to that swarm of foreign pretenders. It appears to me, that it will be best, still to preserve a part of this regulation.Nativecitizens, on several valuable accounts, are preferable to aliens, and to citizens alien-born. They possess our language, know our laws, customs, and commerce; have, generally, acquaintance in the United States; give better satisfaction, and are more to be relied on, in point of fidelity. Their disadvantages are, an imperfect acquaintance with the language of this country, and an ignorance of the organization of its judicial and executive powers, and consequent awkwardness, whenever application to either of these is necessary, as it frequently is. But it happens, that in some of the principal ports of France, there is not a single American (as in Marseilles, L'Orient, and Havre), in others but one (as in Nantes and Rouen), and in Bordeaux only, are there two or three. Fortunately for the present moment, most of these are worthy of appointments. But we should look forward to future times, when there may happen to be no native citizens in a port, but such as, being bankrupt, have taken asylum in France from their creditors, or young ephemeral adventurers in commerce, without substance or conduct, or other descriptions, which might disgrace the consular office, without protecting our commerce. To avail ourselves of our goodnative citizens, when we have one in a port, and when there are none, to have yet some person to attend to our affairs, it appears to me advisable, to declare, by a standing law, that no person but a native citizen shall be capable of the office ofconsul, and that the consul's presence in his port should suspend, for the time, the functions of the vice-consul. This is the rule of 1784, restrained to the office ofconsul, and tonativecitizens. The establishing this, by a standing law, will guard against the effect of particular applications, and will shut the door against such applications, which will otherwise be numerous.This done, the office of vice-consul may be given to the best subject in the port, whether citizen or alien, and that of consul be kept open for any native citizen of superior qualifications, who might come afterwards to establish himself in the port. The functions of the vice-consul would become dormant during the presence of his principal, come into activity again on his departure, and thus spare us and them, the painful operation of revoking and reviving their commissions perpetually. Add to this, that during the presence of the consul, the vice-consul would not be merely useless, but would be a valuable counsellor to his principal, new in the office, the language, laws and customs of the country. Every consul and vice-consul should be restrained in his jurisdiction, to the port for which he is named, and the territory nearer to that than to any other consular or vice consular port, and no idea be permitted to arise, that the grade of consul gives a right to any authority whatever over a vice-consul, or draws on any dependence.* * * * * * * * *It is now proper I should give some account of the state of our dispute with Schweighauser and Dobrée. In the conversation I had with Dobrée at Nantes, he appeared to think so rationally on the subject, that I thought there would be no difficulty in accommodating it with him, and I wished rather to settle it by accommodation, than to apply to the minister. I afterwards had it intimated to him, through the medium of Mr. Carnes, that I had it in idea, to propose a reference to arbitrators. He expressed a cheerful concurrence in it. I thereupon made the proposition to him formally, by letter, mentioning particularly, that we would choose our arbitrators of some neutral nation, and, of preference, from among the Dutch refugees here. I was surprised to receive an answer from him, wherein, after expressing his own readiness to accede to this proposition, he added, that on consulting Mr. Puchilberg, he had declined it; nevertheless, he wished a fuller explanation from me, as to the subjects to be submitted to arbitration. I gave him that explanation, and he answered finally, that Mr. Puchilberg refused allaccommodation, and insisted that the matter should be decided by the tribunals of the country. Accommodation being at an end, I wrote to Monsieur de Montmorin, and insisted on the usage of nations, which does not permit the effects of one sovereign to be seized in the territories of another, and subjected to judiciary decision there. I am promised that the stores shall be delivered; but the necessary formalities will occasion some delay. The King being authorized to call all causes before himself, ours will be evoked from the tribunal where it is, and will be ended by an order to deliver up the stores arrested, leaving it to the justice of Congress, to do afterwards what is right, as to the demand of Schweighauser and Dobrée. I wish I could receive instructions what to do with the stores, when delivered. The arms had certainly better be sent to America, as they are good, and yet will sell here for little or nothing. The gun stocks and old iron had better be sold here; but what should be done with the anchors? Being thoroughly persuaded that Congress wish that substantial justice should be done to Schweighauser and Dobrée, I shall, after the stores are secured, repeat my proposition of arbitration to them. If they then refuse it, I shall return all the papers to America, and consider my powers for settling this matter as at an end.I have received no answer yet from Denmark, on the subject of the prizes; nor do I know whether to ascribe this silence to an intention to evade the demand, or to the multitude of affairs they have had on their hands lately. Patience seems to be prudence in this case; to indispose them, would do no good, and might do harm. I shall write again soon, if no answer be received in the meantime.I have the honor to be, with sentiments of the most perfect esteem and respect, Sir, your most obedient, and most humble servant.
Paris, November 14, 1788.
Sir,—In my letter of December the 21st, 1787, I had the honor of acknowledging the receipt of your two favors of July the 27th, 1787, which had come to my hands December the 19th, and brought with them my full powers for treating on the subject of the consular convention. Being then much engaged in getting forward theArretwhich came out on the 29th of December, and willing to leave some interval between that act and the solicitation of a reconsideration of our consular convention, I had declined mentioning it, for some time, and was just about to bring it on the carpet, when it became necessary for me to go to Amsterdam. Immediately after my return, which was about the last of April, I introduced the subject to the Count de Montmorin, and have followed it unremittingly, from that time. The office of Marine, as well as that of Foreign Affairs, being to be consulted in all the stages of the negotiation, has protracted its conclusion till this time; it is at length signed this day, and I have now the honor to enclose the original, for the ratification of Congress. The principal changes effected are the following:
The clauses of the Convention of 1784, clothing consuls with privileges of the law of nations, are struck out, and they are expressly subjected, in their persons and property, to the laws of the land.
That giving the right of sanctuary to their houses, is reduced to a protection of their chancery room and its papers.
Their coercive powers over passengers are taken away; and over those, whom they might have termed deserters of their nation, are restrained to deserted seamen only.
The clause, allowing them to arrest and send back vessels, is struck out, and instead of it, they are allowed to exercise a police over the ships of their nation generally.
So is that, which declared the indelibility of the character of the subject, and the explanation and extension of the eleventh article of the treaty of amity.
The innovations in the laws of evidence are done away; and the convention is limited to twelve years' duration. Convinced that the fewer examples, the better, of either persons or causes unamenable to the laws of the land, I could have wished still more had been done; but more could not be done, with good humor. The extensions of authority given by the convention of 1784, were so homogeneous with the spirit of this government, that they were prized here. Monsieur de Reyneval has had the principal charge of arranging this instrument with me; and, in justice to him, I must say, I could not have desired more reasonable and friendly dispositions, than he demonstrated through the whole of it.
I enclose herewith, the several schemes successively proposed between us, together with the copies of the written observations given in with them, and which served as texts of discussion, in our personal conferences. They may serve as a commentary on any passage which may need it, either now or hereafter, and as a history how any particular passage comes to stand as it does. No. 1, is the convention of 1784. No. 2, is my first scheme. No. 3, theirs in answer to it. No. 4, my next, which brought us so near together, that, in a conference on that, we arranged it in the form in which it has been signed. I add No. 5, the copy of a translation which I have put into their hands, with a request, that if they find any passages in which the sense of the original is not faithfully rendered, they will point them out to me; otherwise, we may consider it as having their approbation. This, and the convention of 1784 (marked No. 1), are placed side by side, so as to present to the eye, with less trouble, the changes made; and I enclose a number of printed copies of them, for the use of the members, who will have to decide on the ratification. It is desirable that the ratification should be sent here for exchange, as soon as possible.
With respect to the consular appointments, it is a duty on me to add some observations, which my situation here has enabled me to make. I think it was in the spring of 1784, that Congress (harassed by multiplied applications from foreigners, ofwhom nothing was known but on their own information, or on that of others as unknown as themselves) came to a resolution, that the interest of America would not permit the naming any person not a citizen, to the office of consul, vice-consul, agent or commissary. This was intended as a general answer to that swarm of foreign pretenders. It appears to me, that it will be best, still to preserve a part of this regulation.Nativecitizens, on several valuable accounts, are preferable to aliens, and to citizens alien-born. They possess our language, know our laws, customs, and commerce; have, generally, acquaintance in the United States; give better satisfaction, and are more to be relied on, in point of fidelity. Their disadvantages are, an imperfect acquaintance with the language of this country, and an ignorance of the organization of its judicial and executive powers, and consequent awkwardness, whenever application to either of these is necessary, as it frequently is. But it happens, that in some of the principal ports of France, there is not a single American (as in Marseilles, L'Orient, and Havre), in others but one (as in Nantes and Rouen), and in Bordeaux only, are there two or three. Fortunately for the present moment, most of these are worthy of appointments. But we should look forward to future times, when there may happen to be no native citizens in a port, but such as, being bankrupt, have taken asylum in France from their creditors, or young ephemeral adventurers in commerce, without substance or conduct, or other descriptions, which might disgrace the consular office, without protecting our commerce. To avail ourselves of our goodnative citizens, when we have one in a port, and when there are none, to have yet some person to attend to our affairs, it appears to me advisable, to declare, by a standing law, that no person but a native citizen shall be capable of the office ofconsul, and that the consul's presence in his port should suspend, for the time, the functions of the vice-consul. This is the rule of 1784, restrained to the office ofconsul, and tonativecitizens. The establishing this, by a standing law, will guard against the effect of particular applications, and will shut the door against such applications, which will otherwise be numerous.This done, the office of vice-consul may be given to the best subject in the port, whether citizen or alien, and that of consul be kept open for any native citizen of superior qualifications, who might come afterwards to establish himself in the port. The functions of the vice-consul would become dormant during the presence of his principal, come into activity again on his departure, and thus spare us and them, the painful operation of revoking and reviving their commissions perpetually. Add to this, that during the presence of the consul, the vice-consul would not be merely useless, but would be a valuable counsellor to his principal, new in the office, the language, laws and customs of the country. Every consul and vice-consul should be restrained in his jurisdiction, to the port for which he is named, and the territory nearer to that than to any other consular or vice consular port, and no idea be permitted to arise, that the grade of consul gives a right to any authority whatever over a vice-consul, or draws on any dependence.
* * * * * * * * *
It is now proper I should give some account of the state of our dispute with Schweighauser and Dobrée. In the conversation I had with Dobrée at Nantes, he appeared to think so rationally on the subject, that I thought there would be no difficulty in accommodating it with him, and I wished rather to settle it by accommodation, than to apply to the minister. I afterwards had it intimated to him, through the medium of Mr. Carnes, that I had it in idea, to propose a reference to arbitrators. He expressed a cheerful concurrence in it. I thereupon made the proposition to him formally, by letter, mentioning particularly, that we would choose our arbitrators of some neutral nation, and, of preference, from among the Dutch refugees here. I was surprised to receive an answer from him, wherein, after expressing his own readiness to accede to this proposition, he added, that on consulting Mr. Puchilberg, he had declined it; nevertheless, he wished a fuller explanation from me, as to the subjects to be submitted to arbitration. I gave him that explanation, and he answered finally, that Mr. Puchilberg refused allaccommodation, and insisted that the matter should be decided by the tribunals of the country. Accommodation being at an end, I wrote to Monsieur de Montmorin, and insisted on the usage of nations, which does not permit the effects of one sovereign to be seized in the territories of another, and subjected to judiciary decision there. I am promised that the stores shall be delivered; but the necessary formalities will occasion some delay. The King being authorized to call all causes before himself, ours will be evoked from the tribunal where it is, and will be ended by an order to deliver up the stores arrested, leaving it to the justice of Congress, to do afterwards what is right, as to the demand of Schweighauser and Dobrée. I wish I could receive instructions what to do with the stores, when delivered. The arms had certainly better be sent to America, as they are good, and yet will sell here for little or nothing. The gun stocks and old iron had better be sold here; but what should be done with the anchors? Being thoroughly persuaded that Congress wish that substantial justice should be done to Schweighauser and Dobrée, I shall, after the stores are secured, repeat my proposition of arbitration to them. If they then refuse it, I shall return all the papers to America, and consider my powers for settling this matter as at an end.
I have received no answer yet from Denmark, on the subject of the prizes; nor do I know whether to ascribe this silence to an intention to evade the demand, or to the multitude of affairs they have had on their hands lately. Patience seems to be prudence in this case; to indispose them, would do no good, and might do harm. I shall write again soon, if no answer be received in the meantime.
I have the honor to be, with sentiments of the most perfect esteem and respect, Sir, your most obedient, and most humble servant.