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Memoir, Correspondence, And Miscellanies, From The Papers Of Thomas Jefferson, Volume 2
LETTER CXXXIV.—TO JOHN JAY, May 4, 1788
TO JOHN JAY.
Paris, May 4, 1788.
Sir,
I had the honor of addressing you in two letters of the 13th and 16th of March from Amsterdam, and have since received Mr. Ramson’s of February the 20th. I staid at Amsterdam about ten or twelve days after the departure of Mr. Adams, in hopes of seeing the million of the last year filled up. This, however, could not be accomplished on the spot. But the prospect was so good as to have dissipated all fears; and since my return here, I learn (not officially from our bankers, but) through a good channel, that they have received near four hundred thousand florins since the date of the statement I sent you in my letter of March the 16th; and I presume we need not fear the completion of that loan, which will provide for all our purposes of the year 1788, as stated in that paper. I hope, therefore, to receive from the treasury orders in conformity thereto, that I may be able to proceed to the redemption of our captives. A provision for the purposes of the years 1789 and 1790, as stated in the same paper, will depend on the ratification by Congress of Mr. Adams’s bonds of this year for another million of florins. But there arises a new call from this government, for its interest at least. Their silence hitherto has made it be believed in general, that they consented to the nonpayment of our interest to them, in order to accommodate us. You will perceive in the seventy-fifth and seventy-sixth pages of the compte rendu, which I have the honor to send you, that they call for this interest, and will publish whether it be paid or not; and by No. 25, page eighty-one, that they count on its regular receipt for the purposes of the year. These calls, for the first days of January, 1789 and 1790, will amount to about a million and a half of florins more; and if to be raised by loan, it must be for two millions, as well to cover the expenses of the loan, as that loans are not opened for fractions of millions. This publication seems to render a provision for this interest as necessary as for that of Amsterdam.
I had taken measures to have it believed at Algiers, that our government withdrew its attention from our captives there. This was to prepare their captors for the ransoming them at a reasonable price. I find, however, that Captain O’Bryan is apprized that I have received some authority on this subject. He writes me a cruel letter, supposing me the obstacle to their redemption. Their own interest requires that I should leave them to think thus hardly of me. Were the views of government communicated to them, they could not keep their own secret, and such a price would be demanded for them, as Congress, probably, would think ought not to be given, lest it should be the cause of involving thousands of others of their citizens in the same condition. The moment I have money, the business shall be set in motion.
By a letter from Joseph Chiappe, our agent at Mogadore, I am notified of a declaration of the Emperor of Morocco, that if the States General of the United Netherlands do not, before the month of May, send him an ambassador, to let him know whether it is war or peace between them, he will send one to them with five frigates; and that if their dispositions be unfavorable, their frigates shall proceed to America to make prizes on the Dutch, and to sell them there. It seems to depend on the Dutch, therefore, whether the Barbary powers shall learn the way to our coasts, and whether we shall have to decide the question of the legality of selling in our ports vessels taken from them. I informed you, in a former letter, of the declaration made by the court of Spain to that of London, relative to its naval armament, and also of the declaration of the Count de Montmorin to the Russian minister here on the same subject. I have good information, that the court of Spain has itself made a similar and formal declaration to the minister of Russia at Madrid. So that Russia is satisfied she is not the object. I doubt whether the English are equally satisfied as to themselves. The season has hitherto prevented any remarkable operation between the Turks and the two empires. The war, however, will probably go on, and the season now admits of more important events. The Empress has engaged Commodore Paul Jones in her service. He is to have the rank of rear-admiral, with a separate command, and it is understood that he is in no case to be commanded. He will probably be opposed to the Captain Pacha on the Black Sea. He received this invitation at Copenhagen, and as the season for commencing the campaign, was too near to admit time for him to ask and await the permission of Congress, he accepted the offer, only stipulating, that he should be always free to return to the orders of Congress whenever called for, and that he should not be expected to bear arms against France. He conceived, that the experience he should gain would enable him to be more useful to the United States, should they ever have occasion for him. It has been understood, that Congress had had it in contemplation to give him the grade of rear-admiral, from the date of the action of the Serapis, and it is supposed, that such a mark of their approbation would have a favorable influence on his fortune in the north. Copies of the letters which passed between him and the Danish minister are herewith transmitted. I shall immediately represent to Count Bernstorff, that the demand for our prizes can have no connection with a treaty of commerce; that there is no reason why the claims of our seamen should await so distant and uncertain an event; and press the settlement of this claim.
This country still pursues its line of peace. The ministry seem now all united in it; some from a belief of their inability to carry on a war; others from a desire to arrange their internal affairs, and improve their constitution. The differences between the King and parliaments threaten a serious issue. Many symptoms indicate that the government has in contemplation some act of highhanded authority. An extra number of printers have for several days been employed, the apartment wherein they are at work being surrounded by a body of guards, who permit no body either to come out or go in. The commanders of the provinces, civil and military, have been ordered to be at their stations on a certain day of the ensuing week. They are accordingly gone: so that the will of the King is probably to be announced through the whole kingdom on the same day. The parliament of Paris, apprehending that some innovation is to be attempted, which may take from them the opportunity of deciding on it after it shall be made known, came last night to the resolution of which I have the honor to enclose you a manuscript copy. This you will perceive to be, in effect, a declaration of rights. I am obliged to close here the present letter, lest I should miss the opportunity of conveying it by a passenger who is to call for it. Should the delay of the packet admit any continuation of these details, they shall be the subject of another letter, to be forwarded by post. The gazettes of Leyden and France accompany this.
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.
LETTER CXXXV.—TO THE COUNT DE MOUSTIER, May 17, 1788
TO THE COUNT DE MOUSTIER.
Paris, May 17, 1788.
Dear Sir,
I have at length an opportunity of acknowledging the receipt of your favors of February, and March the 14th, and congratulating you on your resurrection from the dead, among whom you had been confidently entombed by the news-dealers of Paris. I am sorry that your first impressions have been disturbed by matters of etiquette, where surely they should least have been expected to occur. These disputes are the most insusceptible of determination, because they have no foundation in reason. Arbitrary and senseless in their nature, they are arbitrarily decided by every nation for itself. These decisions are meant to prevent disputes, but they produce ten, where they prevent one. It would have been better, therefore, in a new country, to have excluded etiquette altogether; or if it must be admitted in some form or other, to have made it depend on some circumstance founded in nature, such as the age or station of the parties. However, you have got over all this, and I am in hopes have been able to make up a society suited to your own dispositions. Your situation will doubtless be improved by the adoption of the new constitution, which I hope will have taken place before you receive this. I see in this instrument a great deal of good. The consolidation of our government, a just representation, an administration of some permanence, and other features of great value, will be gained by it. There are, indeed, some faults, which revolted me a good deal in the first moment; but we must be contented to travel on towards perfection, step by step. We must be contented with the ground which this constitution will gain for us, and hope that a favorable moment will come for correcting what is amiss in it. I view in the same light the innovations making here. The new organization of the judiciary department is undoubtedly for the better. The reformation of the criminal code is an immense step taken towards good. The composition of the Plenary court is indeed vicious in the extreme; but the basis of that court may be retained, and its composition changed. Make of it a representative of the people, by composing it of members sent from the Provincial Assemblies, and it becomes a valuable member of the constitution. But it is said, the court will not consent to do this: the court, however, has consented to call the States General, who will consider the Plenary court but as a canvass for them to work on. The public mind is manifestly advancing on the abusive prerogatives of their governors, and bearing them down. No force in the government can withstand this, in the long run. Courtiers had rather give up power than pleasures; they will barter, therefore, the usurped prerogatives of the King for the money of the people. This is the agent by which modern nations will recover their rights. I sincerely wish that, in this country, they may be contented with a peaceable and passive opposition. At this moment we are not sure of this; though as yet it is difficult to say what form the opposition will take. It is a comfortable circumstance, that their neighboring enemy is under the administration of a minister disposed to keep the peace. Engage in war who will, may my country long continue your peaceful residence, and merit your good offices with that nation, whose affections it is their duty and interest to cultivate.
Accept these and all other the good wishes of him, who has the honor to be, with sincere esteem and respect, Dear Sir, your most obedient and most humble servant,
Th: Jefferson.
LETTER CXXXVI.—TO JOHN JAY, May 23,1788
TO JOHN JAY.
Paris, May 23,1788.
Sir,
When I wrote my letter of the 4th instant, I had no reason to doubt that a packet would have sailed on the 10th, according to the established order. The passengers had all, except one, gone down to Havre in this expectation. However, none has sailed, and perhaps none will sail, as I think the suppression of the packets is one of the economies in contemplation. An American merchant, concerned in the commerce of the whale-oil, proposed to government to despatch his ships from Havre and Boston at stated periods, and to take on board the French courier and mail, and the proposition has been well enough received. I avail myself of a merchant vessel going from Havre, to write the present.
In my letter of the 4th, I stated to you the symptoms which indicated that government had some great stroke of authority in contemplation. That night they sent guards to seize Monsieur d’Epremenil and Monsieur Goiskind, two members of parliament, in their houses. They escaped, and took sanctuary in the Palais (or parliament house). The parliament assembled itself extraordinarily, summoned the Dukes and Peers specially, and came to the resolution of the 5th, which they sent to Versailles by deputies, determined not to leave the palace till they received an answer. In the course of that night a battalion of guards surrounded the house. The two members were taken by the officers from among their fellows, and sent off to prison, the one to Lyons, the other (d’Epremenil), the most obnoxious, to an island in the Mediterranean. The parliament then separated. On the 8th, a bed of justice was held at Versailles, wherein were enregistered the six ordinances which had been passed in Council on the 1st of May, and which I now send you. They were in like manner enregistered in beds of justice, on the same day, in nearly all the parliaments of the kingdom. By these ordinances, 1. The criminal law is reformed, by abolishing examination on the sellette, which, like our holding up the hand at the bar, remained a stigma on the party, though innocent; by substituting an oath, instead of torture, on the question préalable, which is used after condemnation, to make the prisoner discover his accomplices; (the torture, abolished in 1780, was on the question préparatoire, previous to judgment, in order to make the prisoner accuse himself;) by allowing counsel to the prisoner for his defence; obliging the judges to specify in their judgments the offence for which he is condemned; and respiting execution a month, except in the case of sedition. This reformation is unquestionably good, and within the ordinary legislative powers of the crown. That it should remain to be made at this day, proves that the monarch is the last person in his kingdom who yields to the progress of philanthropy and civilization. 2. The organization of the whole judiciary department is changed, by the institution of subordinate jurisdictions, the taking from the parliaments the cognizance of all causes of less value than twenty thousand livres, reducing their numbers to about a fourth, and suppressing a number of special courts. Even this would be a great improvement, if it did not imply that the King is the only person in this nation, who has any rights or any power. 3. The right of registering the laws is taken from the parliaments, and transferred to a Plenary court, created by the King. This last is the measure most obnoxious to all persons. Though the members are to be for life, yet a great proportion of them are from descriptions of men always candidates for the royal favor in other lines. As yet, the general consternation has not sufficiently passed over, to say whether the matter will end here. I send you some papers, which indicate symptoms of resistance. These are the resolution of the Noblesse of Brittany, the declaration of the Advocate General of Provence, which is said to express the spirit of that province; and the Arrêté of the Châtelet, which is the hustings-court of the city of Paris. Their refusal to act under the new character assigned them, and the suspension of their principal functions, are very embarrassing. The clamors this will excite, and the disorders it may admit, will be loud, and near to the royal ear and person. The parliamentary fragments permitted to remain, have already some of them refused, and probably all will refuse, to act under that form. The assembly of the clergy which happens to be sitting, have addressed the King to call the States General immediately. Of the Dukes and Peers (thirty-eight in number), nearly half are either minors or superannuated; two thirds of the acting half seem disposed to avoid taking a part; the rest, about eight or nine, have refused, by letters to the King, to act in the new courts. A proposition excited among the Dukes and Peers, to assemble and address the King for a modification of the Plenary court, seems to show that the government would be willing to compromise on that head. It has been prevented by the Dukes and Peers in opposition, because they suppose that no modification to be made by the government will give to that body the form they desire, which is that of a representative of the nation. They foresee that if the government is forced to this, they will call them, as nearly as they can, in the ancient forms; in which case, less good will be to be expected from them. But they hope they may be got to concur in a declaration of rights, at least, so that the nation may be acknowledged to have some fundamental rights, not alterable by their ordinary legislature, and that this may form a ground-work for future improvements. These seem to be the views of the most enlightened and disinterested characters of the opposition. But they may be frustrated by the nation’s making no cry at all, or by a hasty and premature appeal to arms. There is neither head nor body in the nation, to promise a successful opposition to two hundred thousand regular troops. Some think the army could not be depended on by the government; but the breaking men to military discipline, is breaking their spirits to principles of passive obedience. A firm, but quiet opposition, will be the most likely to succeed. Whatever turn this crisis takes, a revolution in their constitution seems inevitable, unless foreign war supervene, to suspend the present contest. And a foreign war they will avoid, if possible, from an inability to get money. The loan of one hundred and twenty millions, of the present year, is filled up by such subscriptions as may be relied on. But that of eighty millions, proposed for the next year, cannot be filled up, in the actual situation of things.
The Austrians have been successful in an attack upon Schabatz, intended as a preliminary to that of Belgrade. In that on Dubitza, another town in the neighborhood of Belgrade, they have been repulsed, and as is suspected, with considerable loss. It is still supposed the Russian fleet will go into the Mediterranean, though it will be much retarded by the refusal of the English government to permit its sailors to engage in the voyage. Sweden and Denmark are arming from eight to twelve ships of the line each. The English and Dutch treaty you will find in the Leyden gazettes of May the 9th and 13th. That between England and Prussia is supposed to be stationary. Monsieur de St. Priest, the ambassador from this court to the Hague, has either gone, or is on the point of going. The Emperor of Morocco has declared war against England. I enclose you his orders in our favor, on that occasion. England sends a squadron to the Mediterranean for the protection of her commerce, and she is reinforcing her possessions in the two Indies. France is expecting the arrival of an embassy from Tippoo Saib, is sending some regiments to the East Indies, and a fleet of evolution into the Atlantic. Seven ships of the line and several frigates, sailed from Cadiz on the 22nd of April, destined to perform evolutions off the Western Islands, as the Spaniards say, but really to their American possessions, as is suspected. Thus the several powers are by little and little, taking the position of war, without an immediate intention of waging it. But that the present ill humor will finally end in war, is doubted by nobody.
In my letter of February the 5th, I had the honor of informing you of the discontent produced by our Arrêt of December the 29th, among the merchants of this country, and of the deputations from the chambers of commerce to the minister, on that subject. The articles attacked, were the privileges on the sale of our ships, and the entrepôt for codfish. The former I knew to be valuable: the latter I supposed not so; because during the whole of the time we have had four free ports in this kingdom, we have never used them for the smuggling of fish. I concluded, therefore, the ports of entrepôt would not be used for that purpose. I saw that the ministers would sacrifice something to quiet the merchants, and was glad to save the valuable article relative to our ships, by abandoning the useless one for our codfish. It was settled, therefore, in our conferences, that an Arrêt should be passed, abridging the former one only as to the entrepot of codfish. I was in Holland when the Arrêt came out; and did not get a copy of it till yesterday. Surprised to find that fish-oil was thereby also excluded from the entrepot, I have been to-day to make some inquiry into the cause; and from what I can learn, I conclude it must have been a mere error in the clerk who formed the Arrêt, and that it escaped attention on its passage. The entrepôt of whale-oil was not objected to by a single deputy at the conferences, and the excluding it is contrary to the spirit of encouragement the ministers have shown a disposition to give. I trust, therefore, I may get it altered on the first occasion which occurs, and I believe one will soon occur. In the mean time, we do not store a single drop for re-exportation, as all which comes here is needed for the consumption of this country; which will alone, according to appearances, become so considerable as to require all we can produce.
By a letter of the 8th instant, from our bankers, I learn that they had disposed of bonds enough to pay our June interest, and to replace the temporary advances made by Mr. Grand, and from a fund placed here by the State of Virginia. I have desired them, accordingly, to replace these monies, which had been lent for the moment only, and in confidence of immediate repayment. They add, that the payment of the June interest and the news from America, will, as they trust, enable them to place the remaining bonds of the last year’s million. I suppose, indeed, that there is no doubt of it, and that none would have been expressed, if those two houses could draw better together than they do. In the mean time, I hope the treasury board will send an order for so much as may be necessary for executing the purposes of Congress, as to our captives at Algiers.
I send you herewith, a Mémoire of Monsieur Caseaux, whose name is familiar on the journals of Congress. He prepared it to be delivered to the King, but I believe he will think better, and not deliver it. The gazettes of France and Leyden accompany this.
I have the honor to be, Sir, your most obedient and most humble servant,
Th: Jefferson.
P. S. May 27, 1788. I have kept my letter open to the moment of Mr. Warville’s departure (he being the bearer of it), that I might add any new incidents that should occur. The refusal of the Châtelet and Grande Chambre of Paris to act in the new character assigned them, continues. Many of the grandes bailliages accept, some conditionally, some fully. This will facilitate greatly the measures of government, and may possibly give them a favorable issue. The parliament of Toulouse, considering the edicts as nullities, went on with their business. They have been exiled in consequence. Monsieur de St. Priest left Paris for the Hague, on the 23rd. I mention this fact, because it denotes the acquiescence of this government in the late revolution there. A second division of a Spanish fleet will put to sea soon. Its destination not declared. Sweden is arming to a greater extent than was at first supposed. From twelve so sixteen sail of the line are spoken of, on good grounds, Denmark, for her own security, must arm in proportion to this. T. J.
