TO JAMES MADISON.
Paris, December 20, 1787.
Dear Sir,
My last to you was of October the 8th, by the Count de Moustier. Yours of July the 18th, September the 6th, and October the 24th, were successively received, yesterday, the day before, and three or four days before that. I have only had time to read the letters; the printed papers communicated with them, however interesting, being obliged to lie over till I finish my despatches for the packet, which despatches must go from hence the day after to-morrow. I have much to thank you for; first and most for the ciphered paragraph respecting myself. These little informations are very material towards forming my own decisions. I would be glad even to know, when any individual member thinks I have gone wrong in any instance. If I know myself, it would not excite ill blood in me, while it would assist to guide my conduct, perhaps to justify it, and to keep me to my duty, alert. I must thank you too, for the information in Thomas Burke’s case; though you will have found by a subsequent letter, that I have asked of you a further investigation of that matter. It is to gratify the lady who is at the head of the convent wherein my daughters are, and who, by her attachment and attention to them, lays me under great obligations, I shall hope, therefore, still to receive from you the result of all the further inquiries my second letter had asked. The parcel of rice which you informed me had miscarried, accompanied my letter to the Delegates of South Carolina. Mr. Bourgoin was to be the bearer of both, and both were delivered together into the hands of his relation here, who introduced him to me, and who, at a subsequent moment, undertook to convey them to Mr. Bourgoin. This person was an engraver, particularly recommended to Dr. Franklin and Mr. Hopkinson. Perhaps he may have mislaid the little parcel of rice among his baggage. I am much pleased, that the sale of western lands is so successful. I hope they will absorb all the certificates of our domestic debt speedily, in the first place, and that then, offered for cash, they will do the same by our foreign ones.
The season admitting only of operations in the cabinet, and these being in a great measure secret, I have little to fill a letter, I will therefore make up the deficiency, by adding a few words on the constitution proposed by our convention.
I like much the general idea of framing a government, which should go on of itself, peaceably, without needing continual recurrence to the State legislatures. I like the organization of the government into legislative, judiciary, and executive. I like the power given the legislature to levy taxes, and for that reason solely, I approve of the greater House being chosen by the people directly. For though I think a House, so chosen, will be very far inferior to the present Congress, will be very illy qualified to legislate for the Union, for foreign nations, &c.; yet this evil does not weigh against the good of preserving inviolate the fundamental principle, that the people are not to be taxed but by representitives[sp.] chosen immediately by themselves. I am captivated by the compromise of the opposite claims of the great and little States, of the latter to equal, and the former to proportional influence. I am much pleased, too, with the substitution of the method of voting by persons, instead of that of voting by States: and I like the negative given to the Executive, conjointly with a third of either House; though I should have liked it better, had the judiciary been associated for that purpose, or invested separately with a similar power. There are other good things of less moment.
I will now tell you what I do not like. First, the omission of a bill of rights, providing clearly, and without the aid of sophism, for freedom of religion, freedom of the press, protection against standing armies, restriction of monopolies, the eternal and unremitting force of the habeas corpus laws, and trials by jury in all matters of fact triable by the laws of the land, and not by the laws of nations. To say, as Mr. Wilson does, that a bill of rights was not necessary, because all is reserved in the case of the general government which is not given, while in the particular ones, all is given which is not reserved, might do for the audience to which it was addressed: but it is surely a gratis dictum, the reverse of which might just as well be said; and it is opposed by strong inferences from the body of the instrument, as well as from the omission of the clause of our present Confederation, which had made the reservation in express terms. It was hard to conclude, because there has been a want of uniformity among the States as to the cases triable by jury, because some have been so incautious as to dispense with this mode of trial in certain cases, therefore the more prudent States shall be reduced to the same level of calamity. It would have been much more just and wise to have concluded the other way, that as most of the States had preserved with jealousy this sacred palladium of liberty, those who had wandered, should be brought back to it: and to have established general right rather than general wrong. For I consider all the ill as established, which maybe established. I have a right to nothing, which another has a right to take away; and Congress will have a right to take away trials by jury in all civil cases. Let me add, that a bill of rights is what the people are entitled to against every government on earth, general or particular; and what no just government should refuse, or rest on inference.
The second feature I dislike, and strongly dislike, is the abandonment, in every instance, of the principle of rotation in office, and most particularly in the case of the President. Reason and experience tell us, that the first magistrate will always be re-elected if he may be re-elected. He is then an officer for life.
This once observed, it becomes of so much consequence to certain nations, to have a friend or a foe at the head of our affairs, that they will interfere with money and with arms. A Galloman, or an Angloman, will be supported by the nation he befriends. If once elected, and at a second or third election outvoted by one or two votes, he will pretend false votes, foul play, hold possession of the reins of government, be supported by the States voting for him, especially if they be the central ones, lying in a compact body themselves, and separating their opponents; and they will be aided by one nation in Europe, while the majority are aided by another. The election of a President of America, some years hence, will be much more interesting to certain nations of Europe, than ever the election of a King of Poland was. Reflect on all the instances in history, ancient and modern, of elective monarchies, and say, if they do not give foundation for my fears; the Roman Emperors, the Popes while they were of any importance, the German Emperors till they became hereditary in practice, the Kings of Poland, the Deys of the Ottoman dependencies. It may be said, that if elections are to be attended with these disorders, the less frequently they are repeated the better. But experience says, that to free them from disorder, they must be rendered less interesting by a necessity of change. No foreign power, nor domestic party, will waste their blood and money to elect a person, who must go out at the end of a short period. The power of removing every fourth year by the vote of the people, is a power which they will not exercise, and if they were disposed to exercise it, they would not be permitted. The King of Poland is removable every day by the diet. But they never remove him. Nor would Russia, the Emperor, &c. permit them to do it. Smaller objections are, the appeals on matters of fact as well as law; and the binding all persons, legislative, executive, and judiciary, by oath, to maintain that constitution. I do not pretend to decide, what would be the best method of procuring the establishment of the manifold good things in this constitution, and of getting rid of the bad. Whether by adopting it, in hopes of future amendment; or, after it shall have been duly weighed and canvassed by the people, after seeing the parts they generally dislike, and those they generally approve, to say to them, ‘We see now what you wish. You are willing to give to your federal government such and such powers: but you wish, at the same time, to have such and such fundamental rights secured to you, and certain sources of convulsion taken away. Be it so. Send together your deputies again. Let them establish your fundamental rights by a sacrosanct declaration, and let them pass the parts of the constitution you have approved. These will give powers to your federal government sufficient for your happiness.’ This is what might be said, and would probably produce a speedy, more perfect, and more permanent form of government. At all events, I hope you will not be discouraged from making other trials, if the present one should fail. We are never permitted to despair of the commonwealth. I have thus told you freely what I like, and what I dislike, merely as a matter of curiosity; for I know it is not in my power to offer matter of information to your judgment, which has been formed after hearing and weighing every thing which the wisdom of man could offer on these subjects. I own, I am not a friend to a very energetic government. It is always oppressive. It places the governors indeed more at their ease, at the expense of the people. The late rebellion in Massachusetts has given more alarm, than I think it should have done. Calculate that one rebellion in thirteen States in the course of eleven years, is but one for each State in a century and a half. No country should be so long without one. Nor will any degree of power in the hands of government prevent insurrections. In England, where the hand of power is heavier than with us, there are seldom half a dozen years without an insurrection. In France, Where it is still heavier, but less despotic, as Montesquieu supposes, than in some other countries, and where there are always two or three hundred thousand men ready to crush insurrections, there have been three in the course of the three years I have been here, in every one of which greater numbers were engaged than in Massachusetts, and a great deal more blood was spilt. In Turkey, where the sole nod of the despot is death, insurrections are the events of every day. Compare again the ferocious depredations of their insurgents, with the order, the moderation, and the almost self-extinguishment of ours. And say, finally, whether peace is best preserved by giving energy to the government, or information to the people. This last is the most certain and the most legitimate engine of government. Educate and inform the whole mass of the people. Enable them to see that it is their interest to preserve peace and order, and they will preserve them. And it requires no very high degree of education to convince them of this. They are the only sure reliance for the preservation of our liberty. After all, it is my principle that the will of the majority should prevail. If they approve the proposed constitution in all its parts, I shall concur in it cheerfully, in hopes they will amend it, whenever they shall find it works wrong. This reliance cannot deceive us, as long as we remain virtuous; and I think we shall be so, as long as agriculture is our principal object, which will be the case, while there remain vacant lands in any part of America. When we get piled upon one another in large cities, as in Europe, we shall become corrupt as in Europe, and go to eating one another as they do there. I have tired you by this time with disquisitions which you have already heard repeated by others, a thousand and a thousand times; and, therefore, shall only add assurances of the esteem and attachment, with which I have the honor to be, Dear Sir, your affectionate friend and servant,
Th: Jefferson.
P. S. The instability of our laws is really an immense evil. I think it would be well to provide in our constitutions, that there shall always be a twelvemonth between the engrossing a bill and passing it: that it should then be offered to its passage without changing a word: and that if circumstances should be thought to require a speedier passage, it should take two thirds of both Houses, instead of a bare majority.
TO E. CARRINGTON
Paris, December 21, 1787.
Dear Sir,
I have just received your two favors of October the 23rd and November the 10th. I am much obliged to you for your hints in the Danish business. They are the only information I have on that subject, except the resolution of Congress, and warn me of a rock on which I should most certainly have split. The vote plainly points out an agent, only leaving it to my discretion to substitute another. My judgment concurs with that of Congress as to his fitness. But I shall inquire for the surest banker at Copenhagen to receive the money, not because I should have had any doubts, but because I am informed others have them. Against the failure of a banker, were such an accident, or any similar one to happen, I cannot be held accountable in a case, where I act without particular interest. My principal idea in proposing the transfer of the French debt, was, to obtain on the new loans a much longer day for the reimbursement of the principal, hoping that the resources of the United States could have been equal to the article of interest alone. But I shall endeavor to quiet, as well as I can, those interested. A part of them will probably sell out at any rate: and one great claimant may be expected to make a bitter attack on our honor. I am very much pleased to hear, that our western lands sell so successfully. I turn to this precious resource, as that which will, in every event, liberate us from our domestic debt, and perhaps too from our foreign one: and this, much sooner than I had expected. I do not think any thing could have been done with them in Europe. Individual speculators and sharpers had duped so many with their unlocated land-warrants, that every offer would have been suspected.
As to the new constitution, I find myself nearly a neutral. There is a great mass of good in it, in a very desirable form; but there is also, to me, a bitter pill or two. I have written somewhat lengthily to Mr. Madison on this subject, and will take the liberty to refer you to that part of my letter to him. I will add one question to what I have said there. Would it not have been better to assign to Congress exclusively, the article of imposts for federal purposes, and to have left direct taxation exclusively to the States? I should suppose the former fund sufficient for all probable events, aided by the land office.
The form which the affairs of Europe may assume, is not yet decipherable by those out of the cabinet. The Emperor gives himself, at present, the airs of a mediator. This is necessary to justify a breach with the Porte. He has his eye at the same time on Germany, and particularly on Bavaria, the Elector of which has, for a long time, been hanging over the grave. Probably, France would now consent to the exchange of the Austrian Netherlands, to be created into a kingdom for the Duke de Deux-ponts, against the electorate of Bavaria. This will require a war. The Empress longs for Turkey, and viewing France as her principal obstacle, would gladly negotiate her acquiescence. To spur on this, she is coquetting it with England. The King of Prussia, too, is playing a double game between France and England. But I suppose the former incapable of forgiving him, or of ever reposing confidence in him. Perhaps the spring may unfold to us the final arrangement, which will take place among the powers of this continent.
I often doubt whether I should trouble Congress or my friends with these details of European politics. I know they do not excite that interest in America, of which it is impossible for one to divest himself here. I know too, that it is a maxim with us, and I think it is a wise one, not to entangle ourselves with the affairs of Europe. Still, I think, we should know them. The Turks have practised the same maxim of not meddling in the complicated wrangles of this continent. But they have unwisely chosen to be ignorant of them also, and it is this total ignorance of Europe, its combinations, and its movements, which exposes them to that annihilation possibly about taking place. While there are powers in Europe which fear our views, or have views on us, we should keep an eye on them, their connections, and oppositions, that in a moment of need, we may avail ourselves of their weakness with respect to others as well as ourselves, and calculate their designs and movements, on all the circumstances under which they exist. Though I am persuaded, therefore, that these details are read by many with great indifference, yet I think it my duty to enter into them, and to run the risk of giving too much, rather than too little information.
I have the honor to be, with perfect esteem and respect, Dear Sir, your most obedient and most humble servant,
Th: Jefferson.
P. S. The resolution of Congress, relative to the prize money received here, speaks of that money as paid to me. I hope this matter is properly understood. The treasury board desired me to receive it, and apply it to such and such federal purposes; and they would pay the dividends of the claimants in America. This would save the expense of remittance. I declined, however, receiving the money, and ordered it into the hands of their banker, who paid it away for the purposes to which they had destined it. I should be sorry an idea should get abroad, that I had received the money of those poor fellows, and applied it to other purposes. I shall, in like manner, order the Danish and Barbary money into the hands of bankers, carefully avoiding ever to touch a sou of it, or having any other account to make out than what the banker will furnish. T. J.
TO MONSIEUR LIMOZIN.
Paris, December 22, 1787.
Sir,
I have the honor now to acknowledge the receipt of your favors of the 18th and 19th of November, and two of the 18th of the present month. I did not write to you immediately on the receipt of the two first, because the observation they contained were to be acted on here. I was much obliged to you for them, as I have been frequently before for others, and you will find that I have profited by them in the Arrêt which is to come out for the regulation of our commerce, wherein most of the things are provided for, which you have from time to time recommended. With respect to the article of yellow wax, I think there is a general clause in the Arrêt, which will take it in; but I am not sure of it. If there be not, it is now too late to get any alteration made. You shall receive the Arrêt the moment it is communicated to me.
I have examined the case of Captain Thomas, with all the dispositions possible, to interpose for him. But on mature reflection, I find it is one of those cases wherein my solicitation would be ill received. The government of France, to secure to its subjects the carrying trade between her colonies and the mother country, have made a law, forbidding any foreign vessels to undertake to carry between them. Notwithstanding this, an American vessel has undertaken, and has brought a cargo. For me to ask that this vessel shall be received, would be to ask a repeal of the law, because there is no more reason for receiving her, than there will be for receiving the second, third, &c, which shall act against the same law, nor for receiving an American vessel, more than the vessels of other nations. Captain Thomas has probably engaged in this business, not knowing the law; but ignorance of the law is no excuse, in any country. If it were, the laws would lose their effect, because it can be always pretended. Were I to make this application to the Comptroller General, he might possibly ask me, whether, in a like case, of a French vessel in America acting through ignorance, against law, we would suspend the law as to her? I should be obliged honestly to answer, that with us there is no power which can suspend the law for a moment; and Captain Thomas knows that this answer would be the truth. The Senegal company seems to be as much engaged in it as he is. I should suppose his most probable means of extrication, would be with their assistance, and availing himself of their privileges, and the apparent authority he has received from the officers of government there. I am sorry his case is such a one, as I cannot present to the minister. A jealousy of our taking away their carrying trade, is the principal reason which obstructs our admission into their West India islands. It would not be right for me to strengthen that jealousy.
I have the honor to be, with much esteem, Sir, your most obedient, humble servant,
Th: Jefferson.
Paris, December 31, 1787.
Sir,
Since the receipt of the letter of Monsieur de Calonne, of October the 22nd, 1786, I have several times had the honor of mentioning to you, that I was endeavoring to get the substance of that letter reduced into an Arrêt, which, instead of being revocable by a single letter of a Comptroller General, would require an Arrêt to repeal or alter it, and of course must be discussed in full Council, and so give time to prevent it. This has been pressed as much as it could be with prudence. One cause of delay has been the frequent changes of the Comptroller General; as we had always our whole work to begin again, with every new one. Monsieur Lambert’s continuance in office for some months has enabled us, at length, to get through the business; and I have just received from him a letter, and the Arrêt duly authenticated; of which I have the honor to send you a number of printed copies. You will find, that the several alterations and additions are made, which, on my visit, to the seaports, I had found to be necessary, and which my letters of June the 21st and August the 6th particularly mentioned to you. Besides these, we have obtained some new articles of value, for which openings arose in the course of the negotiation. I say we have done it, because the Marquis de la Fayette has gone hand in hand with me through this business, and has been a most invaluable aid. I take the liberty of making some observations on the articles of the Arrêt, severally, for their explanation, as well as for the information of Congress.
Article 1. In the course of our conferences with the Comptroller General, we had prevailed on him to pass this article with a suppression of all duty. When he reported the Arrêt, however, to the Council, this suppression was objected to, and it was insisted to re-establish the duties of seven livres and ten sous, and of ten sous the livre, reserved in the letter of M. de Calonne. The passage of the Arrêt was stopped, and the difficulty communicated to me. I urged every thing I could, in letters and in conferences, to convince them that whale-oil was an article which could bear no duty at all. That if the duty fell on the consumer, he would choose to buy vegetable oils; if on the fisherman, he could no longer live by his calling, remaining in his own country; and that if he quitted his own country, the circumstances of vicinity, sameness of language, laws, religion, and manners, and perhaps the ties of kindred, would draw him to Nova Scotia, in spite of every encouragement which could be given at Dunkirk; and that thus those fishermen would be shifted out of a scale friendly to France, into one always hostile. Nothing, however, could prevail. It hung on this article alone, for two months, during which we risked the total loss of the Arrêt on the stability in office of Monsieur Lambert; for if he had gone out, his successor might be less favorable; and if Monsieur Necker were the successor, we might lose the whole, as he never set any store by us, or the connection with us. About ten days ago, it became universally believed that Monsieur Lambert was to go out immediately. I therefore declined further insisting on the total suppression, and desired the Arrêt might pass, leaving the duties on whale-oil, as Monsieur de Calonne had promised them; but with a reservation, which may countenance our bringing on this matter again, at a more favorable moment.
Article 2. The other fish-oils are placed in a separate article; because, whatever encouragements we may hereafter obtain for whale-oils, they will not be extended to those which their own fisheries produce.
Article 3. A company had silently, and by unfair means, obtained a monopoly for the making and selling spermaceti candles: as soon as we discovered it, we solicited its suppression, which is effected by this clause.
Article 4. The duty of an eighth per cent, is merely to oblige the masters of vessels to enter their cargoes, for the information of government; without inducing them to attempt to smuggle.
Article 6. Tar, pitch, and turpentine of America, coming in competition with the same articles produced in the southwestern parts of France, we could obtain no greater reduction, than two and a half per cent. The duties before were from four to six times that amount.
Article 10. The right of entrepôt, given by this article, is almost the same thing, as the making all their ports, free ports for us. The ships are indeed subject to be visited, and the cargoes must be reported in ports of entrepôt, which need not be done in the free ports. But the communication between the entrepôt and the country is not interrupted by continual search of all persons passing into the country, which has proved so troublesome to the inhabitants of our free ports, as that a considerable proportion of them have wished to give back the privilege of their freedom.
Article 13. This article gives us the privileges and advantages of native subjects, in all their possessions in Asia, and in the scales leading thereto. This expression means, at present, the isles of France and Bourbon, and will include the Cape of Good Hope, should any future event put it into the hands of France. It was with a view to this, that I proposed the expression, because we were then in hourly expectation of a war, and it was suspected that France would take possession of that place. It will, in no case, be considered as including any thing westward of the Cape of Good Hope. I must observe further, on this article, that it will only become valuable, on the suppression of their East India Company; because, as long as their monopoly continues, even native subjects cannot enter their Asiatic ports, for the purposes of commerce. It is considered, however, as certain, that this Company will be immediately suppressed.
The article of tobacco could not be introduced into the Arrêt; because it was necessary to consider the Farmers General as parties to that arrangement. It rests, therefore, of necessity, on the basis of a letter only. You will perceive that this is nothing more than a continuation of the order of Bernis, only leaving the prices unfixed; and like that, it will require a constant and vexatious attention, to have its execution enforced.
The States who have much to carry, and few carriers, will observe, perhaps, that the benefits of these regulations are somewhat narrowed, by confining them to articles brought hither in French or American bottoms. But they will consider, that nothing in these instruments moves from us. The advantages they hold out are all given by this country to us, and the givers will modify their gifts as they please. I suppose it to be a determined principle of this court not to suffer our carrying business, so far as their consumption of our commodities extends, to become a nursery for British seamen. Nor would this, perhaps, be advantageous to us, considering the dispositions of the two nations towards us. The preference which our shipping will obtain on this account, may counterpoise the discouragements it experiences from the aggravated dangers of the Barbary States. Nor is the idea unpleasing, which shows itself in various parts of these papers, of naturalizing American bottoms, and American citizens in France and in its foreign possessions. Once established here, and in their eastern settlements, they may revolt less at the proposition to extend it to those westward. They are not yet, however, at that point; we must be contented to go towards it a step at a time, and trust to future events for hastening our progress.
With respect to the alliance between this and the two imperial courts, nothing certain transpires. We are enabled to conjecture its progress, only from facts which now and then show themselves. The following may be considered as indications of it. 1. The Emperor has made an attempt to surprise Belgrade. The attempt failed, but will serve to plunge him into the war, and to show that he had assumed the character of mediator, only to enable himself to gain some advantage by surprise. 2. The mediation of France is probably at an end, and their abandonment of the Turks agreed on; because they have secretly ordered their officers to quit the Turkish service. This fact is known to but few, and not intended to be known: but I think it certain. 3. To the offer of mediation lately made by England and Prussia, the court of Petersburg answered, that having declined the mediation of a friendly power (France), she could not accept that of two courts, with whose dispositions she had reason to be dissatisfied. 4. The States General are said to have instructed their ambassador here, lately, to ask of M. de Montmorin, whether the inquiry had been made, which they had formerly desired; ‘By what authority the French engineers had been placed in the service of Holland?’ And that he answered, that the inquiry had not been made, nor should be made. Though I do not consider the channel through which I get this fact, as absolutely sure, yet it is so respectable, that I give credit to it myself. 5. The King of Prussia is withdrawing his troops from Holland. Should this alliance show itself it would seem that France, thus strengthened, might dictate the re-establishment of the affairs of Holland, in her own form. For it is not conceivable, that Prussia would dare to move, nor that England would alone undertake such a war, and for such a purpose. She appears, indeed, triumphant at present; but the question is, Who will triumph last?
I enclose you a letter from Mr. Dumas. I received one from him myself, wherein he assures me, that no difficulties shall be produced, by what he had suggested relative to his mission to Brussels. The gazettes of France and Leyden to this date accompany this letter, which, with the several papers put under your cover, I shall send to M. Limozin, our agent at Havre, to be forwarded by the Juno, Captain Jenkins, which sails from that port for New York, on the 3d of January.
I have the honor to be, with sentiments of the most perfect esteem and respect, Sir, your most obedient and most humble servant,
Th: Jefferson.
TO MONSIEUR LAMBERT.
Paris, January 3, 1788.
Sir,
I am honored with your Excellency’s letter of the 29th of December, enclosing the Arrêt on the commerce between France and the United States. I availed myself of the occasion of a vessel sailing this day from Havre for New York, to forward it to Congress. They will receive with singular satisfaction, this new testimony of his Majesty’s friendship for the United States, of his dispositions to promote their interest, and to strengthen the bands which connect the two nations.
Permit me, Sir, to return you, personally, my sincere thanks for the great attention you have paid to this subject, for the sacrifices you have kindly made of a time so precious as yours, every moment of which is demanded and is occupied by objects interesting to the happiness of millions; and to proffer you the homage of those sincere sentiments of attachment and respect, with which I have the honor to be, your Excellency’s most obedient and most humble servant,
Th: Jefferson.
TO LE COMTE BERNSTORFF, Minister of Foreign Affairs, Copenhagen.
Paris, January 21, 1788.
Sir,
I am instructed by the United States of America, in Congress assembled, to bring again under the consideration of his Majesty, the King of Denmark, and of his ministers, the case of the three prizes taken from the English during the late war, by an American squadron under the command of Commodore Paul Jones, put into Bergen in distress, there rescued from our possession by orders from the court of Denmark, and delivered back to the English. Dr. Franklin, then Minister Plenipotentiary from the United States at the court of Versailles, had the honor of making applications to the court of Denmark, for a just indemnification to the persons interested, and particularly by a letter of the 22nd of December, 1779, a copy of which I have now the honor of enclosing to your Excellency. In consequence of this, the sum of ten thousand pounds was proposed to him, as an indemnification, through the Baron de Waltersdorff, then at Paris. The departure of both those gentlemen from this place, soon after, occasioned an intermission in the correspondence on this subject. But the United States continue to be very sensibly affected by this delivery of their prizes to Great Britain, and the more so, as no part of their conduct had forfeited their claim to those rights of hospitality, which civilized nations extend to each other. Not only a sense of justice due to the individuals interested in those prizes, but also an earnest desire that no subject of discontent may check the cultivation and progress of that friendship, which they wish may subsist and increase between the two countries, prompt them to remind his Majesty of the transaction in question; and they flatter themselves, that his Majesty will concur with them in thinking, that as restitution of the prizes is not practicable, it is reasonable and just that he should render, and that they should accept, a compensation equivalent to the value of them. And the same principles of justice towards the parties, and of amity to the United States, which influenced the breast of his Majesty to make, through the Baron de Waltersdorff, the proposition of a particular sum, will surely lead him to restore their full value, if that were greater, as is believed, than the sum proposed. In order to obtain, therefore, a final arrangement of this demand, Congress have authorized me to depute a special agent to Copenhagen, to attend the pleasure of his Majesty. No agent could be so adequate to this business, as the Commodore Paul Jones, who commanded the squadron which took the prizes. He will therefore have the honor of delivering this letter to your Excellency, in person; of giving such information as may be material, relative to the whole transaction; of entering into conferences for its final adjustment; and being himself principally interested, not only in his own right, but as the natural patron of those who fought under him, whatever shall be satisfactory to him, will have a great right to that ultimate approbation, which Congress have been pleased to confide to me.
I beg your Excellency to accept the homage of that respect, which your exalted station, talents, and merit impress, as well as those sentiments of esteem and regard, with which I have the honor to be
Your Excellency’s most obedient
and most humble servant,
Th: Jefferson.
TO WILLIAM RUTLEDGE.
Paris, February 2, 1788.
Dear Sir,
I should have sooner answered your favor of January the 2nd, but that we have expected for some time, to see you here. I beg you not to think of the trifle I furnished you with, nor to propose to return it, till you shall have that sum more than you know what to do with. And on every other occasion of difficulty, I hope you will make use of me freely. I presume you will now remain at London, to see the trial of Hastings. Without suffering yourself to be imposed on by the pomp in which it will be enveloped, I would recommend to you to consider and decide for yourself these questions. If his offence is to be decided by the law of the land, why is he not tried in that court in which his fellow citizens are tried, that is, the King’s Bench? If he is cited before another court, that he may be judged, not according to the law of the land, but by the discretion of his judges, is he not disfranchised of his most precious right, the benefit of the laws of his country, in common with his fellow citizens? I think you will find, in investigating this subject, that every solid argument is against the extraordinary court, and that every one in its favor is specious only. It is a transfer from a judicature of learning and integrity, to one, the greatness of which is both illiterate and unprincipled. Yet such is the force of prejudice with some, and of the want of reflection in others, that many of our constitutions have copied this absurdity, without suspecting it to be one. I am glad to hear that our new constitution is pretty sure of being accepted by States enough to secure the good it contains, and to meet with such opposition in some others, as to give us hopes it will be accommodated to them, by the amendment of its most glaring faults, particularly the want of a declaration of rights.
The long expected edict for the Protestants at length appears here. Its analysis is this. It is an acknowledgment (hitherto withheld by the laws) that Protestants can beget children, and that they can die, and be offensive unless buried. It does not give them permission to think, to speak, or to worship. It enumerates the humiliations to which they shall remain subject, and the burthens to which they shall continue to be unjustly exposed. What are we to think of the condition of the human mind in a country, where such a wretched thing as this has thrown the State into convulsions, and how must we bless our own situation in a country, the most illiterate peasant of which is a Solon, compared with the authors of this law. There is modesty often, which does itself injury; our countrymen possess this. They do not know their own superiority. You see it; you are young, you have time and talents to correct them. Study the subject while in Europe, in all the instances which will present themselves to you, and profit your countrymen of them, by making them to know and value themselves.
Adieu, my dear Sir, and be assured of the esteem with which I am your friend and servant,
Th: Jefferson.
TO THE COMMISSIONERS OF THE TREASURY.
Paris, February 7, 1788.
Gentlemen,
Your favors of November the 10th and 13th, and December the 5th, have been duly received. Commodore Jones left this place for Copenhagen, the 5th instant, to carry into execution the resolution of Congress, of October the 25th. Whatever monies that court shall be willing to allow, shall be remitted to your bankers, either in Amsterdam or Paris, as shall be found most beneficial, allowing previously to be withdrawn Commodore Jones’s proportion, which will be necessary for his subsistence. I desired him to endeavor to prevail on the Danish minister, to have the money paid in Amsterdam or Paris, by their banker in either of those cities, if they have one.
M. Ast (secretary to the consulate) is at L’Orient. Whether he comes up with the papers, or sends them, they shall be received, sealed up, and taken care of. I will only ask the favor of you, that I may never be desired to break the seals, unless very important cause for it should arise.
I have just received from Messrs. Willincks and Van Staphorsts, a letter of January the 31st, in which are these words: ‘The official communication we have of the actual situation and prospect of the finances of the United States, would render such a partial payment as that to Fiseaux’s house of no avail towards the support of the public credit, unless effectual measures shall be adopted, to provide funds for the two hundred and seventy thousand florins, interest, that will be due the first of June next; a single day’s retard in which would ground a prejudice of long duration.’ They informed me, at the same time, that they have made to you the following communication; that Mr. Stanitski, our principal broker, and holder of thirteen hundred and forty thousand dollars, of certificates of our domestic debt, offers to have our loan of a million of guilders (of which six hundred and twenty-two thousand eight hundred and forty are still unfilled) immediately made up, on condition that he may retain thereout one hundred and eighty thousand guilders, being one year’s interest on his certificates, allowing a deduction of ten per cent, from his said interest, as a compensation for his receiving it in Amsterdam instead of America, and not pretending that this shall give him any title to ask any payment of future interest in Europe. They observe, that this will enable them to face the demands of Dutch interest, till the 1st of June, 1789, pay the principal of Fiseaux’ debt, and supply the current expenses of your legation in Europe. On these points, it is for you to decide. I will only take the liberty to observe, that if they shall receive your acceptance of the proposition, some days credit will still be to be given for producing the cash, and that this must be produced fifteen days before it is wanting, because that much previous notice is always given to the creditors, that their money is ready. It is, therefore, but three months from this day, before your answer should be in Amsterdam. It might answer a useful purpose also, could I receive a communication of that answer ten days earlier than they. The same stagnation attending our passage from the old to the new form of government, which stops the feeble channel of money hitherto flowing towards our treasury, has suspended also what foreign credit we had. So that, at this moment, we may consider the progress of our loan as stopped. Though much an enemy to the system of borrowing, yet I feel strongly the necessity of preserving the power to borrow. Without this, we might be overwhelmed by another nation, merely by the force of its credit. However, you can best judge whether the payment of a single year’s interest on Stanitski’s certificates, in Europe, instead of America, may be more injurious to us than the shock of our credit in Amsterdam, which may be produced by a failure to pay our interest.
I have only to offer any services which I can render in this business, either here or by going to Holland, at a moment’s warning, if that should be necessary.
I have the honor to be, with sentiments of the most perfect esteem and respect, Gentlemen, your most obedient and most humble servant,
Th: Jefferson.