This, Sir, is as faithful an account of sentiments and facts as I am able to give you. You know the extent of the circle within which my observations are at present circumscribed, and can estimate how far, as forming a part of the general opinion, it may merit notice, or ought to influence your particular conduct.
It remains now to pay obedience to that part of your letter, which requests sentiments on the most eligible measures to be pursued by the society, at their next meeting. I must be far from pretending to be a judge of what would, in fact, be the most eligible measures for the society. I can only give you the opinions of those with whom I have conversed, and who, as I have before observed, are unfriendly to it. They lead to these conclusions: 1. If the society proceed according to its institution, it will be better to make no applications to Congress on that subject, or any other, in their associated character. 2. If they should propose to modify it, so as to render it unobjectionable, I think this would not be effected without such a modification as would amount almost to annihilation; for such would it be to part with its inheritability, its organization, and its assemblies. 3. If they shall be disposed to discontinue the whole, it would remain with them to determine whether they would choose it to be done by their own act only, or by a reference of the matter to Congress, which would infallibly produce a recommendation of total discontinuance.
You will be sensible, Sir, that these communications are without reserve. I supposed such to be your wish, and mean them but as materials, with such others as you may collect, for your better judgment to work on. I consider the whole matter as between ourselves alone, having determined to take no active part in this or anything else, which may lead to altercation, or disturb that quiet and tranquillity of mind, to which I consign the remaining portion of my life. I have been thrown back by events, on a stage where I had never more thought to appear.[110] It is but for a time, however, and as a day laborer, free to withdraw, or be withdrawn at will. While I remain, I shall pursue in silence the path of right, but in every situation, public or private, I shall be gratified by all occasions of rendering you service, and of convincing you there is no one to whom your reputation and happiness are dearer than to, Sir,
Your most obedient, and most humble servant.
Paris, Cul-de-Sac Tetebout, October 20th, 1784.
Sir,—I received yesterday your favor of the 8th instant, and this morning went to Auteuil and Passy, to consult with Mr. Adams and Dr. Franklin on the subject of it. We conferred together, and think it is a case in which we could not interpose (were there as yet cause for interposition), without express instructions from Congress. It is, however, our private opinion, which we give as individuals only, that Mr. McLanahan, while in England, is subject to the laws of England; that, therefore, he must employ counsel, and be guided in his defence by their advice. The law of nations, and the treaty of peace, as making a part of the law of the land, will undoubtedly be under the consideration of the judges who pronounce on Mr. McLanahan's case; and we are willing to hope, that in their knowledge and integrity, he will find certain resources against injustice, and a reparation of all injury to which he may have been groundlessly exposed. A final and palpable failure on their part, which we have no reason to apprehend, might make the case proper for the consideration of Congress.
I have the honor to be, with sentiments of great respect and esteem, for Mr. McLanahan, as well as yourself, Sir, your most obedient humble servant.
Paris, May 11th, 1785.
Sir,—I was honored, on the 2d instant, with the receipt of your favor of March the 15th, enclosing the resolution of Congress of the 10th of the same month, appointing me their Minister Plenipotentiary at this court, and also of your second letter of March 22d, covering the commission and letter of credence for that appointment. I beg permission through you, Sir, to testify to Congress my gratitude for this new mark of their favor, and my assurance of endeavoring to merit it by a faithful attention to the discharge of the duties annexed to it. Fervent zeal is all which I can be sure of carrying into their service, and, where I fail through a want of those powers which nature and circumstances deny me, I shall rely on their indulgence, and much also on that candor with which your goodness will present my proceedings to their eye. The kind terms in which you are pleased to notify this honor to me, require my sincere thanks. I beg you to accept them, and to be assured of the perfect esteem, with which I have the honor to be, Sir, your most obedient, and most humble servant,
Paris, June 7th, 1785.
Dear Sir,—I have been honored with the receipt of your letter of the 2d instant, and am to thank you, as I do sincerely, for the partiality with which you receive the copy of the Notes on my country. As I can answer for the facts, therein reported, on my own observation, and have admitted none on the report of others, which were not supported by evidence sufficient to command my own assent, I am not afraid that you should make any extracts you please for the Journal de Physique, which come within their plan of publication. The strictures on slavery and on the constitution of Virginia, are not of that kind, and they are the parts which I do not wish to have made public, at least till I know whether their publication would do most harm or good. It is possible, that in my own country, these strictures might produce an irritation, which would indispose the people towards the two great objects I have in view; that is, the emancipation of their slaves, and the settlement of their constitution on a firmer and more permanent basis. If I learn from thence, that they will not produce that effect, I have printed and reserved just copies enough to be able to give one to every young man at the College. It is to them I look, to the rising generation, and not to the one now in power, for these great reformations. The other copy, delivered at your hotel, was for Monsieur de Buffon. I meant to ask the favor of you to have it sent to him, as I was ignorant how to do it. I have one also for Monsieur Daubenton, but being utterly unknown to him, I cannot take the liberty of presenting it, till I can do it through some common acquaintance.
I will beg leave to say here a few words on the general question of the degeneracy of animals in America. 1. As to the degeneracy of the man of Europe transplanted to America, it is no part of Monsieur de Buffon's system. He goes, indeed, within one step of it, but he stops there. The Abbé Raynal alone has taken that step. Your knowledge of America enables you to judge this question, to say, whether the lower class of people in America are less informed and less susceptible of information, than the lower class in Europe; and whether those in America, who have received such an education as that country can give, are less improved by it than Europeans of the same degree of education. 2. As to the aboriginal man of America, I know of no respectable evidence on which the opinion of his inferiority of genius has been founded, but that of Don Ulloa. As to Robertson, he never was in America, he relates nothing on his own knowledge, he is a compiler only of the relations of others, and a mere translator of the opinions of Monsieur de Buffon. I should as soon, therefore, add the translators of Robertson to the witnesses of this fact, as himself. Paw, the beginner of this charge, was a compiler from the works of others; and of the most unlucky description; for he seems to have read the writings of travellers, only to collect and republish their lies. It is really remarkable, that in three volumes 12mo, of small print, it is scarcely possible to find one truth, and yet, that the author should be able to produce authority for every fact he states, as he says he can. Don Ulloa's testimony is the most respectable. He wrote of what he saw, but he saw the Indian of South America only, and that after he had passed through ten generations of slavery. It is very unfair, from this sample, to judge of the natural genius of this race of men; and, after supposing that Don Ulloa had not sufficiently calculated the allowance which should be made for this circumstance, we do him no injury in considering the picture he draws of the present Indians of South America, as no picture of what their ancestors were three hundred years ago. It is in North America we are to seek their original character. And I am safe in affirming, that the proofs of genius given by the Indians of North America place them on a level with whites in the same uncultivated state. The North of Europe furnishes subjects enough for comparison with them, and for a proof of their equality. I have seen some thousands myself, and conversed much with them, and have found in them a masculine, sound understanding. I have had much information from men who had lived among them, and whose veracity and good sense were so far known to me, as to establish a reliance on their information. They have all agreed in bearing witness in favor of the genius of this people. As to their bodily strength, their manners rendering it disgraceful to labor, those muscles employed in labor will be weaker with them, than with the European laborer; but those which are exerted in the chase, and those faculties which are employed in the tracing an enemy or a wild beast, in contriving ambuscades for him, and in carrying them through their execution, are much stronger than with us, because they are more exercised. I believe the Indian, then, to be, in body and mind, equal to the white man. I have supposed the black man, in his present state, might not be so; but it would be hazardous to affirm, that, equally cultivated for a few generations, he would not become so. 3. As to the inferiority of the other animals of America, without more facts, I can add nothing to what I have said in my Notes.
As to the theory of Monsieur de Buffon, that heat is friendly, and moisture adverse to the production of large animals, I am lately furnished with a fact by Dr. Franklin, which proves the air of London and of Paris to be more humid than that of Philadelphia, and so creates a suspicion that the opinion of the superior humidity of America may, perhaps, have been too hastily adopted. And, supposing that fact admitted, I think the physical reasonings urged to show, that in a moist country animals must be small, and that in a hot one they must be large, are not built on the basis of experiment. These questions, however, cannot be decided, ultimately, at this day. More facts must be collected, and more time flow off, before the world will be ripe for decision. In the meantime, doubt is wisdom.
I have been fully sensible of the anxieties of your situation, and that your attentions were wholly consecrated, where alone they were wholly due, to the succor of friendship and worth. However much I prize your society, I wait with patience the moment when I can have it without taking what is due to another. In the meantime, I am solaced with the hope of possessing your friendship, and that it is not ungrateful to you to receive assurances of that with which I have the honor to be, dear Sir,
Your most obedient, and most humble servant.
Paris, June 16, 1785.
Sir,—I have the honor of enclosing to your Excellency some propositions which have been made from London to the Farmers General, to furnish them with the tobaccos of Maryland and Virginia. For this paper, I am indebted to the zeal of the M. de La Fayette. I take the liberty of troubling you with it on a supposition that it may be possible to have this article furnished from those States to this country immediately without its passing through the entrepôt of London, and the returns for it being made, of course, in London merchandise. Twenty thousand hogsheads of tobacco a year delivered here in exchange for the produce and manufacture of this country, many of which are as good and cheaper than in England, would establish a rivalship for our commerce which would have happy effects upon both countries. Whether this end will be best effected by giving out these propositions to our merchants and exciting them to become candidates with the Farmers General for this contract, or by any other means, your Excellency can best judge. I shall mention this matter also to the Governor of Virginia. The other paper which accompanies the one before mentioned, is too miserable to need notice. I will take measures for apprising them of its errors.
I have the honor to be, with sentiments of the highest respect and esteem, your Excellency's most obedient, and most humble servant.
Paris, June 17, 1785.
Sir,—I had the honor of addressing you on the 11th of the last month by young Mr. Adams, who sailed in the packet of that month. That of the present is likely to be retarded to the first of July, if not longer.
On the 14th of May I communicated to the Count de Vergennes my appointment as minister plenipotentiary to this Court, and on the 17th delivered my letter of credence to the King at a private audience, and went through the other ceremonies usual on such occasion.
We have reason to expect that Europe will enjoy peace another year. The negotiations between the Emperor and United Netherlands have been spun out to an unexpected length, but there seems little doubt but they will end in peace. Whether the exchange projected between the Emperor and Elector of Bavaria, or the pretensions of the former in his line of demarcation with the Ottoman Porte will produce war, is yet uncertain. If either of them does, this country will probably take part in it to prevent a dangerous accession of power to the House of Austria. The zeal with which they have appeared to negotiate a peace between Holland and the Empire seems to prove that they do not apprehend being engaged in war against the Emperor for any other power; because, if they had such an apprehension, they would not wish to deprive themselves of the assistance of the Dutch: and their opinion on this subject is better evidence than the details we get from the newspapers, and must weigh against the affected delays of the Porte, as to the line of demarcation, the change in their ministry, their preparation for war, and other symptoms of like aspect. This question is not altogether uninteresting to us. Should this country be involved in a Continental war, while differences are existing between us and Great Britain, the latter might carry less moderation into the negotiations for settling them.
I send you herewith the gazettes of Leyden and that of France for the last two months, the latter because it is the best in this country, the former as being the best in Europe. The Courier de l'Europe you will get genuine from London. As reprinted here it is of less worth. Should your knowledge of the newspapers of this country lead you to wish for any other, I shall take the greatest pleasure in adding it to the regular transmissions of two others which I shall make you in future.
I have the honor to be, with the highest esteem and respect, your most obedient, and most humble servant,
Paris, June 17, 1785.
Dear Sir,—I received three days ago your favor of April the 12th. You therein speak of a former letter to me, but it has not come to hand, nor any other of later date than the 14th of December. My last to you was of the 11th of May by Mr. Adams, who went in the packet of that month. These conveyances are now becoming deranged. We have had expectations of their coming to Havre, which would infinitely facilitate the communication between Paris and Congress; but their deliberations on the subject seem to be taking another turn. They complain of the expense, and that their commerce with us is too small to justify it. They therefore talk of sending a packet every six weeks only. The present one, therefore, which should have sailed about this time, will not sail till the 1st of July. However, the whole matter is as yet undecided. I have hopes that when Mr. St. John arrives from New York, he will get them replaced on their monthly system. By-the-bye, what is the meaning of a very angry resolution of Congress on his subject? I have it not by me, and therefore cannot cite it by date, but you will remember it, and oblige me by explaining its foundation. This will be handed you by Mr. Otto, who comes to America as Chargé des Affaires, in the room of Mr. Marbois, promoted to the Intendancy of Hispaniola, which office is next to that of Governor. He becomes the head of the civil, as the Governor is, of the military department.
I am much pleased with Otto's appointment; he is good-humored, affectionate to America, will see things in a friendly light when they admit of it, in a rational one always, and will not pique himself on writing every trifling circumstance of irritation to his court. I wish you to be acquainted with him, as a friendly intercourse between individuals who do business together produces a mutual spirit of accommodation useful to both parties. It is very much our interest to keep up the affection of this country for us, which is considerable. A court has no affections; but those of the people whom they govern influence their decisions, even in the most arbitrary governments.
The negotiations between the Emperor and Dutch are spun out to an amazing length. At present there is no apprehension, but that they will terminate in peace. This court seems to press it with ardor, and the Dutch are averse, considering the terms cruel and unjust, as they evidently are. The present delays, therefore, are imputed to their coldness and to their forms. In the meantime, the Turk is delaying the demarcation of limits between him and the Emperor, is making the most vigorous preparations for war, and has composed his ministry of warlike characters, deemed personally hostile to the Emperor. Thus time seems to be spinning out, both by the Dutch and Turks, and time is wanting for France. Every year's delay is a great thing for her. It is not impossible, therefore, but that she may secretly encourage the delays of the Dutch, and hasten the preparations of the Porte, while she is recovering vigor herself, also, in order to be able to present such a combination to the Emperor as may dictate to him to be quiet. But the designs of these courts are unsearchable. It is our interest to pray that this country may have no continental war till our peace with England is perfectly settled. The merchants of this country continue as loud and furious as ever against the Arret of August, 1784, permitting our commerce with their islands to a certain degree. Many of them have actually abandoned their trade. The ministry are disposed to be firm; but there is a point at which they will give way, that is, if the clamors should become such as to endanger their places. It is evident that nothing can be done by us at this time, if we may hope it hereafter. I like your removal to New York, and hope Congress will continue there, and never execute the idea of building their Federal town. Before it could be finished, a change of members in Congress, or the admission of new States, would remove them somewhere else. It is evident that when a sufficient number of the western States come in, they will remove it to Georgetown. In the meantime, it is our interest that it should remain where it is, and give no new pretensions to any other place. I am also much pleased with the proposition to the States to invest Congress with the regulation of their trade, reserving its revenue to the States. I think it a happy idea, removing the only objection which could have been justly made to the proposition. The time, too, is the present, before the admission of the western States. I am very differently affected towards the new plan of opening our land office, by dividing the lands among the States, and selling them at vendue. It separates still more the interests of the States, which ought to be made joint in every possible instance, in order to cultivate the idea of our being one nation, and to multiply the instances in which the people shall look up to Congress as their head. And when the States get their portions, they will either fool them away, or make a job of it to serve individuals. Proofs of both these practices have been furnished, and by either of them that invaluable fund is lost, which ought to pay our public debt. To sell them at vendue, is to give them to the bidders of the day, be they many or few. It is ripping up the hen which lays golden eggs. If sold in lots at a fixed price, as first proposed, the best lots will be sold first; as these become occupied, it gives a value to the interjacent ones, and raises them, though of inferior quality, to the price of the first. I send you by Mr. Otto a copy of my book. Be so good as to apologize to Mr. Thompson for my not sending him one by this conveyance. I could not burthen Mr. Otto with more on so long a road as that from here to L'Orient. I will send him one by a Mr. Williams, who will go ere long. I have taken measures to prevent its publication. My reason is, that I fear the terms in which I speak of slavery, and of our constitution, may produce an irritation which will revolt the minds of our countrymen against reformation in these two articles, and thus do more harm than good. I have asked of Mr. Madison to sound this matter as far as he can, and, if he thinks it will not produce that effect, I have then copies enough printed to give one to each of the young men at the College, and to my friends in the country.
I am sorry to see a possibility of * * * being put into the Treasury. He has no talents for the office, and what he has, will be employed in rummaging old accounts to involve you in eternal war with * * * and he will, in a short time, introduce such dissensions into the commission, as to break it up. If he goes on the other appointment to Kaskaskia, he will produce a revolt of that settlement from the United States. I thank you for your attention to my outfit. For the articles of household furniture, clothes, and a carriage, I have already paid twenty-eight thousand livres, and have still more to pay. For the greatest part of this, I have been obliged to anticipate my salary, from which, however, I shall never be able to repay it. I find, that by a rigid economy, bordering however on meanness, I can save perhaps five hundred livres a month, at least in the summer. The residue goes for expenses so much of course and of necessity, that I cannot avoid them without abandoning all respect to my public character. Yet I will pray you to touch this string, which I know to be a tender one with Congress, with the utmost delicacy. I had rather be ruined in my fortune than in their esteem. If they allow me half a year's salary as an outfit, I can get through my debts in time. If they raise the salary to what it was, or even pay our house rent and taxes, I can live with more decency. I trust that Mr. Adams's house at the Hague, and Dr. Franklin's at Passy, the rent of which has been always allowed him, will give just expectations of the same allowance to me. Mr. Jay, however, did not charge it, but he lived economically and laid up money.
I will take the liberty of hazarding to you some thoughts on the policy of entering into treaties with the European nations, and the nature of them. I am not wedded to these ideas, and, therefore, shall relinquish them cheerfully when Congress shall adopt others, and zealously endeavor to carry theirs into effect. First, as to the policy of making treaties. Congress, by the Confederation, have no original and inherent power over the commerce of the States. But, by the 9th article, we are authorized to enter into treaties of commerce. The moment these treaties are concluded, the jurisdiction of Congress over the commerce of the States springs into existence, and that of the particular States is superseded so far as the articles of the treaty may have taken up the subject. There are two restrictions only, on the exercise of the power of treaty by Congress. 1st. That they shall not, by such treaty, restrain the legislatures of the States from imposing such duties on foreigners, as their own people are subject to; nor 2dly, from prohibiting the exportation or importation of any particular species of goods. Leaving these two points free, Congress may, by treaty, establish any system of commerce they please; but, as I before observed, it is by treaty alone they can do it. Though they may exercise their other powers by resolution or ordinance, those over commerce can only be exercised by forming a treaty, and this probably by an accidental wording of our Confederation. If, therefore, it is better for the States that Congress should regulate their commerce, it is proper that they should form treaties with all nations with whom they may possibly trade. You see that my primary object in the formation of treaties is to take the commerce of the States out of the hands of the States, and to place it under the superintendence of Congress, so far as the imperfect provisions of our constitutions will admit, and until the States shall, by new compact, make them more perfect. I would say, then, to every nation on earth, by treaty, your people shall trade freely with us, and ours with you, paying no more than the most favored nation, in order to put an end to the right of individual States, acting by fits and starts, to interrupt our commerce, or to embroil us with any nation. As to the terms of these treaties, the question becomes more difficult. I will mention three different plans. 1. That no duty shall be laid by either party on the productions of the other. 2. That each may be permitted to equalize their duties to those laid by the other. 3. That each shall pay in the ports of the other, such duties only as the most favored nations pay.
1. Were the nations of Europe as free and unembarrassed of established systems as we are, I do verily believe they would concur with us in the first plan. But it is impossible. These establishments are fixed upon them; they are interwoven with the body of their laws and the organization of their government, and they make a great part of their revenue; they cannot then, get rid of them.
2. The plan of equal imposts presents difficulties insurmountable. For how are the equal imposts to be effected? Is it by laying, in the ports of A, an equal per cent. on the goods of B, with that which B has laid in his ports on the goods of A? But how are we to find what is that per cent.? For this is not the usual form of imposts. They generally pay by the ton, by the measure, by the weight, and not by the value. Besides, if A sends a million's worth of goods to B, and takes back but the half of that, and each pays the same per cent., it is evident that A pays the double of what he recovers in the same way from B: this would be our case with Spain. Shall we endeavor to effect equality, then, by saying A may levy so much on the sum of B's importations into his ports, as B does on the sum of A's importations into the ports of B? But how find out that sum? Will either party lay open their custom-house books candidly to evince this sum? Does either keep their books so exactly as to be able to do it? This proposition was started in Congress when our instructions were formed, as you may remember, and the impossibility of executing it occasioned it to be disapproved. Besides, who should have a right of deciding, when the imposts were equal? A would say to B, my imposts do not raise so much as yours: I raise them therefore. B would then say, you have made them greater than mine, I will raise mine; and thus a kind of auction would be carried on between them, and a mutual irritation, which would end in anything, sooner than equality and right.
3. I confess then to you, that I see no alternative left but that which Congress adopted, of each party placing the other on the footing of the most favored nation. If the nations of Europe, from their actual establishments, are not at liberty to say to America, that she shall trade in their ports duty free, they may say she may trade there paying no higher duties than the most favored nation; and this is valuable in many of these countries, where a very great difference is made between different nations. There is no difficulty in the execution of this contract, because there is not a merchant who does not know, or may not know, the duty paid by every nation on every article. This stipulation leaves each party at liberty to regulate their own commerce by general rules, while it secures the other from partial and oppressive discriminations. The difficulty which arises in our case is, with the nations having American territory. Access to the West Indies is indispensably necessary to us. Yet how to gain it, when it is the established system of these nations to exclude all foreigners from their colonies. The only chance seems to be this: our commerce to the mother country is valuable to them. We must endeavor, then, to make this the price of an admission into their West Indies, and to those who refuse the admission, we must refuse our commerce, or load theirs by odious discriminations in our ports. We have this circumstance in our favor too, that what one grants us in their islands, the others will not find it worth their while to refuse. The misfortune is, that with this country we gave this price for their aid in the war, and we have now nothing more to offer. She, being withdrawn from the competition, leaves Great Britain much more at liberty to hold out against us. This is the difficult part of the business of treaty, and I own it does not hold out the most flattering prospects.
I wish you would consider this subject, and write me your thoughts on it. Mr. Gerry wrote me on the same subject. Will you give me leave to impose on you the trouble of communicating this to him? It is long, and will save me much labor in copying. I hope he will be so indulgent as to consider it as an answer to that part of his letter, and will give me his further thoughts on it.
Shall I send you so much of the Encyclopedia as is already published, or reserve it here till you come? It is about forty volumes, which probably is about half the work. Give yourself no uneasiness about the money; perhaps I may find it convenient to ask you to pay trifles occasionally for me in America. I sincerely wish you may find it convenient to come here; the pleasure of the trip will be less than you expect, but the utility greater. It will make you adore your own country, its soil, its climate, its equality, liberty, laws, people, and manners. My God! how little do my countrymen know what precious blessings they are in possession of, and which no other people on earth enjoy. I confess I had no idea of it myself. While we shall see multiplied instances of Europeans going to live in America, I will venture to say, no man now living will ever see an instance of an American removing to settle in Europe, and continuing there. Come, then, and see the proofs of this, and on your return add your testimony to that of every thinking American, in order to satisfy our countrymen how much it is their interest to preserve, uninfected by contagion, those peculiarities in their governments and manners, to which they are indebted for those blessings. Adieu, my dear friend; present me affectionately to your colleagues. If any of them think me worth writing to, they may be assured that in the epistolary account I will keep the debit side against them. Once more, adieu.
Yours affectionately.
P. S. June 19. Since writing the above, we have received the following account: Monsieur Pilatre de Roziere, who had been waiting for some months at Boulogne for a fair wind to cross the channel, at length took his ascent with a companion. The wind changed after awhile, and brought him back on the French coast. Being at a height of about six thousand feet, some accident happened to his balloon of inflammable air; it burst, they fell from that height, and were crushed to atoms. There was a Montgolfier combined with the balloon of inflammable air. It is suspected the heat of the Montgolfier rarefied too much the inflammable air of the other, and occasioned it to burst. The Montgolfier came down in good order.
Paris, June 19, 1785.
Dear Sir,—I take the liberty of enclosing to you a state of the case of one Polson, and begging your inquiries and information whether the lands therein mentioned have been escheated and sold, and, if they have, what would be the proper method of application to obtain a compensation for them.
The negotiations between Holland and the Emperor are slow, but will probably end in peace. It is believed the Emperor will not at present push the Bavarian exchange. The Porte delays the demarcation of limits with him, and is making vigorous preparations for war. But neither will this latter be permitted to produce a war, if France can prevent it, because, wherever the Emperor is seeking to enlarge his dominions, France will present to him the point of a bayonet. But she wishes extremely for repose, and has need of it. She is the wealthiest but worst governed country on earth; and her finances utterly unprepared for war. We have need to pray for her repose, and that she may not be engaged in a continental war while our matters with Great Britain are so unsettled and so little like being settled.
An accident has happened here which will probably damp the ardor with which aërial navigation has been pursued. Monsieur Pilatre de Roziere had been attending many months at Boulogne a fair wind to cross the channel in a balloon which was compounded of one of inflammable air, and another called a Montgolfier with rarefied air only. He at length thought the wind fair and with a companion ascended. After proceeding a proper direction about two leagues, the wind changed and brought them again over the French coast. Being at the height of about six thousand feet, some accident, unknown, burst the balloon of inflammable air, and the Montgolfier being unequal alone to sustain their weight, they precipitated from that height to the earth, and were crushed to atoms. Though navigation by water is attended with frequent accidents, and in its infancy must have been attended with more, yet these are now so familiar that we think little of them, while that which has signalized the two first martyrs to the aëronautical art will probably deter very many from the experiments they would have been disposed to make. Will you give me leave to hope the pleasure of hearing from you sometimes. The details from my own country of the proceedings of the legislative, executive and judiciary bodies, and even those which respect individuals only, are the most pleasing treat we can receive at this distance, and the most useful also. I will promise in return whatever may be interesting to you here.
I am, with very perfect esteem, Sir,
Your friend and servant.
Paris, June 21, 1785.
Dear Sir,—Your favor of March the 6th, has come duly to hand. You therein acknowledge the receipt of mine of November the 11th; at that time you could not have received my last, of February the 8th. At present there is so little new in politics, literature, or the arts, that I write rather to prove to you my desire of nourishing your correspondence, than of being able to give you anything interesting at this time. The political world is almost lulled to sleep by the lethargic state of the Dutch negotiation, which will probably end in peace. Nor does this court profess to apprehend that the Emperor will involve this hemisphere in war by his schemes on Bavaria and Turkey. The arts, instead of advancing, have lately received a check, which will probably render stationary for awhile, that branch of them which had promised to elevate us to the skies. Pilatre de Roziere, who had first ventured into that region, has fallen a sacrifice to it. In an attempt to pass from Boulogne over to England, a change in the wind having brought him back on the coast of France, some accident happened to his balloon of inflammable air, which occasioned it to burst, and that of rarefied air combined with it being then unequal to the weight, they fell to the earth from a height, which the first reports made six thousand feet, but later ones have reduced to sixteen hundred. Pilatre de Roziere was dead when a peasant, distant one hundred yards only, ran to him; but Romain, his companion, lived about ten minutes, though speechless, and without his senses. In literature there is nothing new. For I do not consider as having added anything to that field my own Notes, of which I have had a few copies printed. I will send you a copy by the first safe conveyance. Having troubled Mr. Otto with one for Colonel Monroe, I could not charge him with one for you. Pray ask the favor of Colonel Monroe, in page 5, line 17, to strike out the words, "above the mouth of the Appamattox," which makes nonsense of the passage; and I forgot to correct it before I had enclosed and sent off the copy to him. I am desirous of preventing the reprinting this, should any book merchant think it worth it, till I hear from my friends, whether the terms in which I have spoken of slavery and the constitution of our State, will not, by producing an irritation, retard that reformation which I wish, instead of promoting it. Dr. Franklin proposes to sail for America about the first or second week of July. He does not yet know, however, by what conveyance he can go. Unable to travel by land, he must descend the Seine in a boat to Havre. He has sent to England to get some vessel bound for Philadelphia, to touch at Havre for him. But he receives information that this cannot be done. He has been on the look out ever since he received his permission to return; but, as yet, no possible means of getting a passage have offered, and I fear it is very uncertain when any will offer.
I am, with very great esteem, dear Sir,
Your friend and servant.
Paris, June 23, 1785.
Dear Sir,—My last to you was of the 2d instant, since which I have received yours of the 3d and 7th. I informed you in mine of the substance of our letter to Baron Thulemeyer: last night came to hand his acknowledgment of the receipt of it. He accedes to the method proposed for signing, and has forwarded our dispatch to the King. I enclose you a copy of our letter to Mr. Jay, to go by the packet of this month. It contains a state of our proceedings since the preceding letter, which you had signed with us. This statement contains nothing but what you had concurred with us in; and, as Dr. Franklin expects to go early in July to America, it is probable that the future letters must be written by you and myself. I shall, therefore, take care that you be furnished with copies of everything which comes to hand on the joint business.
What has become of this Mr. Lambe? I am uneasy at the delay of that business, since we know the ultimate decision of Congress. Dr. Franklin, having a copy of the Corps Diplomatique, has promised to prepare a draught of a treaty to be offered to the Barbary States: as soon as he has done so, we will send it to you for your corrections. We think it will be best to have it in readiness against the arrival of Mr. Lambe, on the supposition that he may be addressed to the joint ministers for instructions.
I asked the favor of you in my last, to choose two of the best London papers for me; one of each party. The Duke of Dorset has given me leave to have them put under his address, and sent to the office from which his despatches come. I think he called it Cleveland office, or Cleveland lane, or by some such name; however, I suppose it can be easily known there. Will Mr. Stockdale undertake to have these papers sent regularly, or is this out of the line of his business? Pray order me, also, any really good pamphlets that come out from time to time, which he will charge to me.
I am, with great esteem, dear Sir, your friend and servant.
Paris, June 27, 1786.
Sir,—I had the honor of informing you some time ago that I had written to the Board of Treasury on the subject of the arrearages of interest due to the foreign officers, and urging the necessity of paying them. I now enclose the extract of a letter which I have just received from them, and by which you will perceive that their funds were not in a condition for making that payment in the moment of receiving my letter, but that they would be attentive to make it in the first moment it should be in their power. There is still a second letter of mine on the way to them, on the same subject, which will again press for exertions in this business, which, however, I am satisfied they will not fail to do their utmost in. It will give me real pleasure to inform you of effectual provision for this purpose in the first moment possible, being with sentiments of esteem and respect, Sir, your most obedient and most humble servant.
Paris, July 5, 1785.
Dear Sir,—I wrote you by Mr. Adams, May the 11th, and by Mr. Otto, June the 17th. The latter acknowledged the receipt of yours of April the 12th, which is the only one come to hand of later date than December the 14th. Little has occurred since my last. Peace seems to show herself under a more decided form. The Emperor is now on a journey to Italy, and the two Dutch Plenipotentiaries have set out for Vienna; there to make an apology for their State having dared to fire a gun in defence of her invaded rights: this is insisted on as a preliminary condition. The Emperor seems to prefer the glory of terror to that of justice; and, to satisfy this tinsel passion, plants a dagger in the heart of every Dutchman which no time will extract. I enquired lately of a gentleman who lived long at Constantinople, in a public character, and enjoyed the confidence of that government, insomuch as to become well acquainted with its spirit and its powers, what he thought might be the issue of the present affair between the Emperor and the Porte. He thinks the latter will not push matters to a war; and, if they do, they must fail under it. They have lost their warlike spirit, and their troops cannot be induced to adopt the European arms. We have no news yet of Mr. Lambe; of course, our Barbary proceedings are still at a stand.[111]
Yours Affectionately.
Paris, July 7, 1785.
Dear Sir,—This will accompany a joint letter enclosing the draft of a treaty, and my private letter of June 23d, which has waited so long for a private conveyance. We daily expect from the Baron Thulemeyer the French column for our treaty with his sovereign. In the meanwhile, two copies are preparing with the English column, which Dr. Franklin wishes to sign before his departure, which will be within four or five days. The French, when received, will be inserted in the blank columns of each copy. As the measure of signing at several times and places is new, we think it necessary to omit no other circumstance of ceremony which can be observed. That of sending it by a person of confidence, and invested with a character relative to the object, who shall attest our signatures here, yours in London, and Baron Thulemeyer's at the Hague, and who shall make the actual exchanges, we think will contribute to supply the departure from the usual form, in other instances. For this reason, we have agreed to send Mr. Short on this business, to make him a secretary pro hac vice, and to join Mr. Dumas for the operations of exchange, &c. As Dr. Franklin will have left us before Mr. Short's mission will commence, and I have never been concerned in the ceremonials of a treaty, I will thank you for your immediate information as to the papers he should be furnished with from hence. He will repair first to you in London, thence to the Hague, and then return to Paris.
What has become of Mr. Lambe? Supposing he was to call on the commissioners for instructions, and thinking it best these should be in readiness, Dr. Franklin undertook to consult well the Barbary treaties with other nations, and to prepare a sketch which we should have sent for your correction. He tells me he has consulted those treaties, and made references to the articles proper for us, which, however, he will not have time to put into form, but will leave them with me to reduce. As soon as I see them, you shall hear from me. A late conversation with an English gentleman here makes me believe, what I did not believe before, that his nation thinks seriously that Congress have no power to form a treaty of commerce. As the explanations of this matter, which you and I may separately give, may be handed to their minister, it would be well that they should agree. For this reason, as well as for the hope of your showing me wherein I am wrong, and confirming me where I am right, I will give you my creed on the subject. It is contained in these four principles. By the Confederation, Congress have no power given them, in the first instance, over the commerce of the States. But they have a power given them of entering into treaties of commerce, and these treaties may cover the whole field of commerce, with two restrictions only. 1. That the States may impose equal duties on foreigners as natives: and 2. That they may prohibit the exportation or importation of any species of goods whatsoever. When they shall have entered into such treaty, the superintendence of it results to them; all the operations of commerce, which are protected by its stipulations, come under their jurisdiction, and the power of the States to thwart them by their separate acts, ceases. If Great Britain asks, then, why she should enter into any treaty with us? why not carry on her commerce without treaty? I answer; because, till a treaty is made, no consul of hers can be received (his functions being called into existence by a convention only, and the States having abandoned the right of separate agreements and treaties); no protection to her commerce can be given by Congress; no cover to it from those checks and discouragements with which the States will oppress it, acting separately, and by fits and starts. That they will act so till a treaty is made Great Britain has had several proofs; and I am convinced those proofs will become general. It is, then, to put her commerce with us on systematical ground, and under safe cover, that it behoves Great Britain to enter into treaty. As I own to you that my wish to enter into treaties with the other powers of Europe arises more from a desire of bringing all our commerce under the jurisdiction of Congress, than from any other views. Because, according to my idea, the commerce of the United States with those countries, not under treaty with us, is under the jurisdiction of each State separately; but that of the countries, which have treated with us, is under the jurisdiction of Congress, with the two fundamental restraints only, which I have before noted.
I shall be happy to receive your corrections of these ideas, as I have found, in the course of our joint services, that I think right when I think with you.
I am, with sincere affection, dear Sir, your friend and servant.
P. S. Monsieur Houdon has agreed to go to America to take the figure of General Washington. In case of his death, between his departure from Paris, and his return to it, we may lose twenty thousand livres. I ask the favor of you to enquire what it will cost to ensure that sum, on his life, in London, and to give me as early an answer as possible, that I may order the insurance if I think the terms easy enough. He is, I believe, between thirty and thirty-five years of age, healthy enough, and will be absent about six months.
Paris, July 10th, 1785.
Sir,—I am honored with your Excellency's letter on the prize money for which Mr. Jones applies. The papers intended to have been therein enclosed, not having been actually enclosed, I am unable to say anything on their subject. But I find that Congress, on the first day of November, 1783, recommended Captain Jones to their Minister here, as agent, to solicit, under his direction, payment to the officers and crews for the prizes taken in Europe under his command; requiring him previously to give to their superintendent of finance good security for paying to him whatever he should receive, to be by him distributed to those entitled. In consequence of this, Captain Jones gave the security required, as is certified by the superintendent of finance on the 6th of November, 1783, and received from Doctor Franklin on the 17th of December, 1783, due authority, as agent, to solicit the said payments.
From these documents, I consider Captain Jones as agent for the citizens of the United States, interested in the prizes taken in Europe under his command, and that he is properly authorized to receive the money due to them, having given good security to transmit it to the treasury office of the United States, whence it will be distributed, under the care of Congress, to the officers and crews originally entitled, or to their representatives.
I have the honor to be, with sentiments of the highest respect, your Excellency's most obedient, and most humble servant,
Paris, July 13th, 1785.
Gentlemen,—I had the honor of receiving your letter of June the 21st, enclosing one from Mr. Alexander of June the 17th, and a copy of his application to Monsieur de Calonnes. I am very sensible that no trade can be on a more desperate footing than that of tobacco, in this country; and that our merchants must abandon the French markets, if they are not permitted to sell the productions they bring, on such terms as will enable them to purchase reasonable returns in the manufactures of France. I know but one remedy to the evil; that of allowing a free vent; and I should be very happy in being instrumental to the obtaining this. But, while the purchase of tobacco is monopolized by a company, and they pay for that monopoly a heavy price to the government, they doubtless are at liberty to fix such places and terms of purchase, as may enable them to make good their engagements with government. I see no more reason for obliging them to give a greater price for tobacco than they think they can afford, than to do the same between two individuals treating for a horse, a house, or anything else. Could this be effected by applications to the minister, it would only be a palliative which would retard the ultimate cure, so much to be wished for and aimed at by every friend to this country, as well as to America.
I have the honor to be, Gentlemen, your most obedient humble servant,
Paris, July 17, 1785.
Sir,—I have long deferred doing myself the honor of writing to you, wishing for an opportunity to accompany my letter with a copy of the Bibliothéque Physico-œconomique; a book published here lately in four small volumes, and which gives an account of all the improvements in the arts which have been made for some years past. I flatter myself you will find in it many things agreeable and useful. I accompany it with the volumes of the "Connoisance des Tems" for the years 1781, 1784, 1785, 1786, 1787. But why, you will ask, do I send you old almanacs, which are proverbially useless? Because, in these publications have appeared, from time to time, some of the most precious things in astronomy. I have searched out those particular volumes which might be valuable to you on this account. That of 1781, contains de la Caille's catalogue of fixed stars reduced to the commencement of that year, and a table of the aberrations and nutations of the principal stars. 1784 contains the same catalogue with the nebuleuses of Messier. 1785 contains the famous catalogue of Hamsteed, with the positions of the stars reduced to the beginning of the year 1784, and which supersedes the use of that immense book. 1786 gives you Euler's lunar tables corrected; and 1787, the tables for the planet Herschel. The two last needed not an apology, as not being within the description of old almanacs. It is fixed on grounds which scarcely admit a doubt that the planet Herschel was seen by Mayer in the year 1756, and was considered by him as one of the zodiacal stars, and, as such, arranged in his catalogue, being the 964th which he describes. This 964th of Mayer has been since missing, and the calculations for the planet Herschel show that it should have been, at the time of Mayer's observation, where he places his 964th star. The volume of 1787 gives you Mayer's catalogue of the zodiacal stars. The researches of the natural philosophers of Europe seem mostly in the field of chemistry, and here, principally, on the subjects of air and fire. The analysis of these two subjects, presents to us very new ideas. When speaking of the "Bibliothéque Physico-œconomique," I should have observed, that since its publication, a man in this city has invented a method of moving a vessel on the water, by a machine worked within the vessel. I went to see it. He did not know himself the principle of his own invention. It is a screw with a very broad thin worm, or rather it is a thin plate with its edge applied spirally round an axis. This being turned, operates on the air, as a screw does, and may be literally said to screw the vessel along; the thinness of the medium, and its want of resistance, occasion a loss of much of the force. The screw, I think, would be more effectual if placed below the surface of the water. I very much suspect that a countryman of ours, Mr. Bushnel of Connecticut, is entitled to the merit of a prior discovery of this use of the screw. I remember to have heard of his submarine navigation during the war, and, from what Colonel Humphreys now tells me, I conjecture that the screw was the power he used. He joined to this a machine for exploding under water at a given moment. If it were not too great a liberty for a stranger to take, I would ask from him a narration of his actual experiments, with or without a communication of his principle, as he should choose. If he thought proper to communicate it, I would engage never to disclose it, unless I could find an opportunity of doing it for his benefit. I thank you for your information as to the great bones found on the Hudson river. I suspect that they must have been of the same animal with those found on the Ohio; and, if so, they could not have belonged to any human figure, because they are accompanied with tusks of the size, form and substance, of those of the elephant. I have seen a part of the ivory, which was very good. The animal itself must have been much larger than an elephant. Mrs. Adams gives me an account of a flower found in Connecticut, which vegetates when suspended in the air. She brought one to Europe. What can be this flower? It would be a curious present to this continent.
The accommodation likely to take place between the Dutch and the Emperor, leaves us without that unfortunate resource for news, which wars give us. The Emperor has certainly had in view the Bavarian exchange of which you have heard; but so formidable an opposition presented itself, that he has thought proper to disavow it. The Turks show a disposition to go to war with him, but, if this country can prevail on them to remain in peace, they will do so. It has been thought that the two Imperial courts have a plan of expelling the Turks from Europe. It is really a pity so charming a country should remain in the hands of a people, whose religion forbids the admission of science and the arts among them. We should wish success to the object of the two empires, if they meant to leave the country in possession of the Greek inhabitants. We might then expect, once more, to see the language of Homer and Demosthenes a living language. For I am persuaded the modern Greek would easily get back to its classical models. But this is not intended. They only propose to put the Greeks under other masters: to substitute one set of barbarians for another.
Colonel Humphreys, having satisfied you that all attempts would be fruitless here to obtain money or other advantages for your college, I need add nothing on that head. It is a method of supporting colleges of which they have no idea, though they practice it for the support of their lazy monkish institutions.
I have the honor to be, with the highest respect and esteem, Sir, your most obedient and most humble servant.
Paris, July 28, 1785.
Dear Sir,—Your favors of July the 16th and 18th, came to hand the same day on which I had received Baron Thulemeyer's enclosing the ultimate draught for the treaty. As this draught, which was in French, was to be copied into the two instruments which Dr. Franklin had signed, it is finished this day only. Mr. Short sets out immediately. I have put into his hands a letter of instructions how to conduct himself, which I have signed, leaving a space above for your signature. The two treaties I have signed at the left hand, Dr. Franklin having informed me that the signatures are read backwards. Besides the instructions to Mr. Short, I signed also a letter to Mr. Dumas, associating him with Mr. Short. These two letters I made out as nearly conformably as I could to your ideas expressed in your letter of the 18th. If anything more be necessary, be so good as to make a separate instruction for them signed by yourself, to which I will accede. I have not directed Mr. Dumas's letter. I have heretofore directed to him as "Agent for the United States at the Hague," that being the description under which the journals of Congress speak of him. In his last letter to me, is a paragraph from which I conclude that the address I have used is not agreeable, and perhaps may be wrong. Will you be so good as to address the letter to him, and to inform me how to address him hereafter? Mr. Short carries also the other papers necessary. His equipment for his journey requiring expenses which cannot come into the account of ordinary expenses, such as clothes, &c., what allowance should be made him? I have supposed somewhere between a guinea a day, and one thousand dollars a year, which I believe is the salary of a private secretary. This I mean as over and above his travelling expenses. Be so good as to say, and I will give him an order on his return. The danger of robbery, has induced me to furnish him with only money enough to carry him to London. You will be so good as to procure him enough to carry him to the Hague, and back to Paris.
The confederation of the King of Prussia with some members of the Germanic body, for the preservation of their constitution, is, I think, beyond a doubt. The Emperor has certainly complained of it in formal communications at several courts. By what can be collected from diplomatic conversation here, I also conclude it tolerably certain, that the Elector of Hanover has been invited to accede to the confederation, and has done, or is doing so. You will have better circumstances, however, on the spot, to form a just judgment. Our matters with the first of these powers being now in conclusion, I wish it was so with the Elector of Hanover. I conclude, from the general expressions in your letter, that little may be expected. Mr. Short furnishing so safe a conveyance that the trouble of the cypher may be dispensed with, I will thank you for such details of what has passed, as may not be too troublesome to you.
The difficulties of getting books into Paris delayed for some time my receipt of the Corps Diplomatique left by Dr. Franklin. Since that, we have been engaged with expediting Mr. Short. A huge packet also, brought by Mr. Mazzei, has added to the causes which have as yet prevented me from examining Dr. Franklin's notes on the Barbary treaty. It shall be one of my first occupations. Still the possibility is too obvious that we may run counter to the instructions of Congress, of which Mr. Lambe is said to be the bearer. There is a great impatience in America for these treaties. I am much distressed between this impatience and the known will of Congress, on the one hand, and the uncertainty of the details committed to this tardy servant.
The Duke of Dorset sets out for London to-morrow. He says he shall be absent two months. There is some whisper that he will not return, and that Lord Carmarthen wishes to come here. I am sorry to lose so honest a man as the Duke. I take the liberty to ask an answer about the insurance of Houdon's life.
Congress is not likely to adjourn this summer. They have passed an ordinance for selling their lands. I have not received it.
What would you think of the enclosed draught to be proposed to the courts of London and Versailles? I would add Madrid and Lisbon, but that they are still more desperate than the others. I know it goes beyond our powers, and beyond the powers of Congress too; but it is so evidently for the good of all the States, that I should not be afraid to risk myself on it, if you are of the same opinion. Consider it, if you please, and give me your thoughts on it by Mr. Short; but I do not communicate it to him, nor any other mortal living but yourself.
Be pleased to present me in the most friendly terms to the ladies, and believe me to be, with great esteem,
Dear Sir, your friend and servant.
Paris, July 28, 1785.
Sir,—I was honored with the receipt of your letter on the 24th instant, together with the French draught of the treaty proposed. As it ultimately meets his Majesty's approbation, Dr. Franklin, our colleague, having assisted us through the progress of this business, we were desirous he also should join in the execution. Duplicate instruments were therefore prepared, each divided into two columns, in one of which we entered the English form as it has been settled between us, leaving the other blank to receive the French, which we expected from you. In this state the Doctor, before his departure, put his signature and seal to the two instruments. We have since put into the blank column the French form received from you verbatim. As we thought that such instruments should not be trusted out of confidential hands, and the bearer thereof, William Short, Esq., heretofore a member of the Council of State in Virginia, happened to be in Paris, and willing to give us his assistance herein, they are delivered into his hands with other necessary papers, according to an arrangement previously made between Mr. Adams, Dr. Franklin and myself. He will proceed to London to obtain Mr. Adams's signature, and thence to the Hague, where we have, according to your desire, associated Mr. Dumas with him to concur with you in the final execution. It is with singular pleasure I see this connection formed by my country with a sovereign whose character gives a lustre to all the transactions of which he makes part. Give me leave to recommend Mr. Short to your notice. His talents and merits are such as to have placed him, young as he is, in the Supreme Executive Council of Virginia, an office which he relinquished to visit Europe. The letter to Baron Steuben shall be taken care of.
I have the honor to be, with sentiments of the highest respect, Sir, your most obedient and most humble servant.
Paris, July 30, 1785.
Gentlemen,—I received yesterday your favor of the 25th. Supposing that the funds which are the object of your enquiry, are those which constitute what we call our domestic debt, it is my opinion that they are absolutely secure: I have no doubt at all but that they will be paid, with their interest at six per cent. But I cannot say that they are as secure and solid as the funds which constitute our foreign debt; because no man in America ever entertained a doubt that our foreign debts is to be paid fully; but some people in America have seriously contended, that the certificates, and other evidences of our domestic debt, ought to be redeemed only at what they have cost the holder; for I must observe to you, that these certificates of domestic debt, having as yet no provision for the payment of principal or interest, and the original holders being mostly needy, have been sold at a very great discount. When I left America (July, 1784,) they sold, in different States, at from 15s. to 2s. 6d. in the pound; and any amount of them might then have been purchased. Hence some thought that full justice would be done, if the public paid the purchasers of them what they actually paid for them, and interest on that. But this is very far from being a general opinion; a very great majority being firmly decided that they shall be paid fully. Were I the holder of any of them, I should not have the least fear of their full payment. There is also a difference between different species of certificates; some of them being receivable in taxes, others having the benefit of particular assurances, &c. Again, some of these certificates are for paper money debts. A deception here must be guarded against. Congress ordered all such to be re-settled by the depreciation tables, and a new certificate to be given in exchange for them, expressing their value in real money. But all have not yet been re-settled. In short, this is a science in which few in America are expert, and no person in a foreign country can be so. Foreigners should therefore be sure that they are well advised, before they meddle with them, or they may suffer. If you will reflect with what degree of success persons actually in America could speculate in the European funds, which rise and fall daily, you may judge how far those in Europe may do it in the American funds, which are more variable from a variety of causes.
I am not at all acquainted with Mr. Daniel Parker, further than having once seen him in Philadelphia. He is of Massachusetts, I believe, and I am of Virginia. His circumstances are utterly unknown to me. I think there are few men in America, if there is a single one, who could command a hundred thousand pounds' sterling worth of these notes, at their real value. At their nominal amount, this might be done perhaps with twenty-five thousand pounds sterling, if the market price of them be as low as when I left America.
I am, with very great respect, Gentlemen, your most obedient humble servant.
Paris, July 31, 1785.
Dear Sir,—I was honored yesterday with yours of the 24th instant. When the first article of our instructions of May 7th, 1784, was under debate in Congress, it was proposed that neither party should make the other pay, in their ports, greater duties, than they paid in the ports of the other. One objection to this was, its impracticability; another, that it would put it out of our power to lay such duties on alien importation as might encourage importation by natives. Some members, much attached to English policy, thought such a distinction should actually be established. Some thought the power to do it should be reserved, in case any peculiar circumstances should call for it, though under the present, or, perhaps, any probable circumstances, they did not think it would be good policy ever to exercise it. The footing gentis amicissimæ was therefore adopted, as you see in the instruction. As far as my enquiries enable me to judge, France and Holland make no distinction of duties between aliens and natives. I also rather believe that the other States of Europe make none, England excepted, to whom this policy, as that of her navigation act, seems peculiar. The question then is, should we disarm ourselves of the power to make this distinction against all nations, in order to purchase an exception from the alien duties in England only; for if we put her importations on the footing of native, all other nations with whom we treat will have a right to claim the same. I think we should, because against other nations, who make no distinction in their ports between us and their own subjects, we ought not to make a distinction in ours. And if the English will agree, in like manner, to make none, we should, with equal reason, abandon the right as against them. I think all the world would gain, by setting commerce at perfect liberty. I remember that when we were digesting the general form of our treaty, this proposition to put foreigners and natives on the same footing was considered; and we were all three, Dr. Franklin as well as you and myself, in favor of it. We finally, however, did not admit it, partly from the objection you mention, but more still on account of our instructions. But though the English proclamation had appeared in America at the time of framing these instructions, I think its effect, as to alien duties, had not yet been experienced, and therefore was not attended to. If it had been noted in the debate, I am sure that the annihilation of our whole trade would have been thought too great a price to pay for the reservation of a barren power, which a majority of the members did not propose ever to exercise, though they were willing to retain it. Stipulating for equal rights to foreigners and natives, we obtain more in foreign ports than our instructions required, and we only part with, in our own ports, a power of which sound policy would probably forever forbid the exercise. Add to this, that our treaty will be for a very short term, and if any evil be experienced under it, a reformation will soon be in our power. I am, therefore, for putting this among our original propositions to the court of London.