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Memoir, Correspondence, And Miscellanies, From The Papers Of Thomas Jefferson, Volume 1
LETTER CI.—TO JAMES MADISON, September 1,1785
TO JAMES MADISON.
Paris, September 1,1785.
Dear Sir,
My last to you by Monsieur de Doradour, was dated May the 11th. Since that, I have received yours of January the 22nd with six copies of the revisal, and that of April the 27th by Mr. Mazzei.
All is quiet here. The Emperor and Dutch have certainly agreed, though they have not published their agreement. Most of his schemes in Germany must be postponed, if they are not prevented by the confederacy of many of the Germanic body, at the head of which is the King of Prussia, and to which the Elector of Hanover is supposed to have acceded. The object of the league is to preserve the members of the empire in their present state. I doubt whether the jealousy entertained of this prince, and which is so fully evidenced by this league, may not defeat the election of his nephew to be King of the Romans, and thus produce an instance of breaking the lineal succession. Nothing is as yet done between him and the Turks. If any thing is produced in that quarter, it will not be for this year. The court of Madrid has obtained the delivery of the crew of the brig Betsey, taken by the Emperor of Morocco. The Emperor had treated them kindly, new-clothed them, and delivered them to the Spanish minister, who sent them to Cadiz. This is the only American vessel ever taken by the Barbary States. The Emperor continues to give proofs of his desire to be in friendship with us, or, in other words, of receiving us into the number of his tributaries. Nothing further need be feared from him. I wish the Algerines may be as easily dealt with. I fancy the peace expected between them and Spain is not likely to take place. I am well informed that the late proceedings in America have produced a wonderful sensation in England in our favor. I mean the disposition, which seems to be becoming general, to invest Congress with the regulation of our commerce, and, in the mean time, the measures taken to defeat the avidity of the British government, grasping at our carrying business. I can add with truth, that it was not till these symptoms appeared in America, that I have been able to discover the smallest token of respect towards the United States, in any part of Europe. There was an enthusiasm towards us, all over Europe, at the moment of the peace. The torrent of lies published unremittingly, in every day’s London paper, first made an impression, and produce a coolness. The republication of these lies in most of the papers of Europe (done probably by authority of the governments to discourage emigrations) carried them home to the belief of every mind. They supposed every thing in America was anarchy, tumult, and civil war. The reception of the Marquis Fayette gave a check to these ideas. The late proceedings seem to be producing a decisive vibration in our favor. I think it possible that England may ply before them. It is a nation which nothing but views of interest can govern. If they produce us good there, they will here also. The defeat of the Irish propositions is also in our favor.
I have at length made up the purchase of books for you, as far as it can be done at present. The objects which I have not yet been able to get, I shall continue to seek for. Those purchased, are packed this morning in two trunks, and you have the catalogue and prices herein inclosed. The future charges of transportation shall be carried into the next bill. The amount of the present is 1154 livres, 13 sous, which, reckoning the French crown of six livres at six shillings and eight pence, Virginia money, is £64. 3s., which sum you will be so good as to keep in your hands, to be used occasionally in the education of my nephews, when the regular resources disappoint you. To the same use I would pray you to apply twenty-five guineas, which I have lent the two Mr. Fitz-hughs of Marmion, and which I have desired them to repay into your hands. You will of course deduct the price of the revisals, and of any other articles you may have been so kind as to pay for me. Greek and Roman authors are dearer here, than, I believe, any where in the world. Nobody here reads them; wherefore they are not reprinted. Don Ulloa, in the original, is not to be found. The collection of tracts on the economies of different nations, we cannot find; nor Amelot’s Travels into China. I shall send these two trunks of books to Havre, there to wait a conveyance to America; for as to the fixing the packets there, it is as uncertain as ever. The other articles you mention, shall be procured as far as they can be. Knowing that some of them would be better got in London, I commissioned Mr. Short, who was going there, to get them. He has not yet returned. They will be of such a nature as that I can get some gentleman who may be going to America, to take them in his portmanteau. Le Maire being now able to stand on his own legs, there will be no necessity for your advancing him the money I desired, if it is not already done. I am anxious to hear from you on the subject of my Notes on Virginia. I have been obliged to give so many of them here, that I fear their getting published. I have received an application from the Directors of the public buildings, to procure them a plan for their capitol. I shall send them one taken from the best morsel of ancient architecture now remaining. It has obtained the approbation of fifteen or sixteen centuries, and is, therefore, preferable to any design which might be newly contrived. It will give more room, be more convenient, and cost less, than the plan they sent me. Pray encourage them to wait for it, and to execute it. It will be superior in beauty to any thing in America, and not inferior to any thing in the world. It is very simple. Have you a copying press? If you have not, you should get one. Mine (exclusive of paper, which costs a guinea a ream) has cost me about fourteen guineas. I would give ten times that sum, to have had it from the date of the stamp act. I hope you will be so good as to continue your communications, both of the great and small kind, which are equally useful to me. Be assured of the sincerity with which I am, Dear Sir,
your friend and servant,
Th: Jefferson.
LETTER CII.—TO MESSRS. DUMAS AND SHORT, September 1, 1785
TO MESSRS. DUMAS AND SHORT.
Paris, September 1, 1785.
Gentlemen,
I have been duly honored with the receipt of your separate letters of August 23rd, and should sooner have returned an answer, but that as you had written also to Mr. Adams, I thought it possible I might receive his sentiments on the subject, in time for the post. Not thinking it proper to lose the occasion of the post, I have concluded to communicate to you my separate sentiments, which you will of course pay attention to, only so far as they may concur with what you shall receive from Mr. Adams.
On a review of our letters to the Baron de Thulemeyer, I do not find that we had proposed that the treaty should be in two columns, the one English, and the other what he should think proper. We certainly intended to have proposed it. We had agreed together that it should be an article of system with us, and the omission of it, in this instance, has been accidental. My own opinion, therefore, is, that to avoid the appearance of urging new propositions when every thing appeared to be arranged, we should agree to consider the French column as the original, if the Baron de Thulemeyer thinks himself bound to insist on it: but if the practice of his court will admit of the execution in the two languages, each to be considered as equally original, it would be very pleasing to me, as it will accommodate it to our views, relieve us from the embarrassment of this precedent, which may be urged against us on other occasions, and be more agreeable to our country, where the French language is spoken by very few. This method will be also attended with the advantage, that if any expression in any part of the treaty is equivocal in the one language, its true sense will be known by the corresponding passage in the other.
The errors of the copyist, in the French column, you will correct of course.
I have the honor to be, with very high esteem, Gentlemen,
your most obedient
and most humble servant,
Th: Jefferson.
LETTER CIII.—TO JOHN ADAMS, September 4, 1785
TO JOHN ADAMS.
Paris, September 4, 1785.
Dear Sir,
On receipt of your favors of August the 18th and 23rd, I conferred with Mr. Barclay on the measures necessary to be taken to set our treaty with the piratical States into motion, through his agency. Supposing that we should begin with the Emperor of Morocco, a letter to the Emperor and instructions to Mr. Barclay, seemed necessary. I have therefore sketched such outlines for these, as appear to me to be proper. You will be so good as to detract, add to, or alter them as you please, to return such as you approve under your signature, to which I will add mine. A person understanding English, French, and Italian, and at the same time meriting confidence, was not to be met with here. Colonel Franks, understanding the two first languages perfectly, and a little Spanish instead of Italian, occurred to Mr. Barclay as the fittest person he could employ for a secretary. We think his allowance (exclusive of his travelling expenses and his board, which will be paid by Mr. Barclay in common with his own) should be between one hundred and one hundred and fifty guineas a year. Fix it where you please, between these limits. What is said in the instructions to Mr. Barclay, as to his own allowance, was proposed by himself. My idea as to the partition of the whole sum to which we are limited (eighty thousand dollars), was, that one half of it should be kept in reserve for the Algerines. They certainly possess more than half the whole power of the piratical States. I thought then, that Morocco might claim the half of the remainder, that is to say, one fourth of the whole. For this reason, in the instructions, I propose twenty thousand dollars as the limit of the expenses of the Morocco treaty. Be so good as to think of it, and make it what you please. I should be more disposed to enlarge than abridge it, on account of their neighborhood to our Atlantic trade. I did not think that these papers should be trusted through the post office, and therefore, as Colonel Franks is engaged in the business, he comes with them. Passing by the diligence, the whole expense will not exceed twelve or fourteen guineas. I suppose we are bound to avail ourselves of the co-operation of France. I will join you, therefore, in any letter you think proper to write to the Count de Vergennes. Would you think it expedient to write to Mr. Carmichael, to interest the interposition of the Spanish court? I will join you in any thing of this kind you will originate. In short, be so good as to supply whatever you may think necessary. With respect to the money, Mr. Jay’s information to you was, that it was to be drawn from Holland. It will rest therefore with you, to avail Mr. Barclay of that fund, either by your draft, or by a letter of credit to the bankers in his favor, to the necessary amount. I imagine the Dutch consul at Morocco may be rendered an useful character, in the remittances of money to Mr. Barclay, while at Morocco.
You were apprised, by a letter from Mr. Short, of the delay which had arisen in the execution of the treaty with Prussia. I wrote a separate letter, of which I enclose you a copy, hoping it would meet one from you, and set them again into motion.
I have the honor to be, with the highest respect, Dear Sir,
your most obedient
and most humble servant,
Th: Jefferson.
[The following are the sketches of the letter to the Emperor of Morocco, and of the instructions to Mr. Barclay, referred to in the preceding letter.]
HEADS FOR A LETTER TO THE EMPEROR OF MOROCCO.
That the United States of America, heretofore connected in government with Great Britain, had found it necessary for their happiness to separate from her, and to assume an independent station.
That, consisting of a number of separate States, they had confederated together, and placed the sovereignty of the whole, in matters relating to foreign nations, in a body consisting of delegates from every State, and called the Congress of the United States.
That Great Britain had solemnly confirmed their separation and acknowledged their independence.
That after the conclusion of the peace, which terminated the war in which they had been engaged for the establishment of their independence, the first attentions of Congress were necessarily engrossed by the re-establishment of order and regular government.
That they had, as soon as possible, turned their attention to foreign nations, and, desirous of entering into amity and commerce with them, had been pleased to appoint us, with Dr. Benjamin Franklin, to execute such treaties for this purpose, as should be agreed on by such nations, with us, or any two of us.
That Dr. Franklin having found it, necessary to return to America, the execution of these several commissions had devolved on us. That being placed as Ministers Plenipotentiary for the United States at the courts of England and France; this circumstance, with the commissions with which we are charged for entering into treaties with various other nations, puts it out of our power to attend at the other courts in person, and obliges us to negotiate by the intervention of confidential persons.
That, respecting the friendly dispositions shown by his Majesty, the Emperor of Morocco, towards the United States, and indulging the desire of forming a connection with a sovereign, so renowned for his power, his wisdom, and his justice, we had embraced the first moment possible, of assuring him of these the sentiments of our country and of ourselves, and of expressing to him our wishes to enter into a connection of friendship and commerce with him. That for this purpose, we had commissioned the bearer hereof, Thomas Barclay, a person in the highest confidence of the Congress of the United States, and as such, having been several years, and still being, their consul general with our great and good friend and ally, the King of France, to arrange with his Majesty the Emperor, those conditions which it might be advantageous for both nations to adopt, for the regulation of their commerce, and their mutual conduct towards each other.
That we deliver to him a copy of the full powers with which we are invested, to conclude a treaty with his Majesty, which copy he is instructed to present to his Majesty.
That though by these, we are not authorized to delegate to him the power of ultimately signing the treaty, yet such is our reliance on his wisdom, his integrity, and his attention to the instructions with which he is charged, that we assure his Majesty, the conditions which he shall arrange and send to us, shall be returned with our signature, in order to receive that of the person whom his Majesty shall commission for the same purpose.
HEADS OF INSTRUCTION TO MR. BARCLAY.
Congress having been pleased to invest us with full powers for entering into a treaty of amity and alliance with the Emperor of Morocco, and it being impracticable for us to attend his court in person, and equally impracticable, on account of our separate stations, to receive a minister from him, we have concluded to effect our object by the intervention of a confidential person. We concur in wishing to avail the United States of your talents in the execution of this business, and therefore furnish you with a letter to the Emperor of Morocco, to give due credit to your transactions with him.
We advise you to proceed by the way of Madrid, where you will have opportunities of deriving many lights from Mr. Carmichael, through whom many communications with the court of Morocco have already passed.
From thence you will proceed, by such route as you shall think best, to the court of the Emperor.
You will present to him our letter, with the copy of our full powers, with which you are furnished, at such time or times, and in such manner, as you shall find best.
You will proceed to negotiate with his minister the terms of a treaty of amity and commerce, as nearly conformed as possible to the draught we give you. Where alterations, which, in your opinion, shall not be of great importance, shall be urged by the other party, you are at liberty to agree to them. Where they shall be of great importance, and such as you think should be rejected, you will reject them: but where they are of great importance, and you think they may be accepted, you will ask time to take our advice, and will advise with us accordingly, by letter or by courier, as you shall think best. When the articles shall all be agreed, you will send them to us by some proper person, for our signature.
The whole expense of this treaty, including as well the expenses of all persons employed about it, as the presents to the Emperor and his servants, must not exceed twenty thousand dollars: and we urge you to use your best endeavors, to bring it as much below that sum as you possibly can. As custom may have rendered some presents necessary in the beginning or progress of this business, and before it is concluded, or even in a way to be concluded, we authorize you to conform to the custom, confiding in your discretion to hazard as little as possible, before a certainty of the event. We trust to you also to procure the best information, as to what persons, and in what form, these presents should be made, and to make them accordingly.
The difference between the customs of that and other courts, the difficulty of obtaining knowledge of those customs, but on the spot, and our great confidence in your discretion, induce us to leave to that, all other circumstances relative to the object of your mission. It will be necessary for you to take a secretary, well skilled in the French language, to aid you in your business, and to take charge of your papers in case of any accident to yourself. We think you may allow him ¦–guineas a year, besides his expenses for travelling and subsistence. We engage to furnish your own expenses, according to the respectability of the character with which you are invested, but as to the allowance for your trouble, we wish to leave it to Congress. We annex hereto sundry heads of inquiry which we wish you to make, and to give us thereon the best information you shall be able to obtain. We desire you to correspond with us by every opportunity which you think should be trusted, giving us, from time to time, an account of your proceedings and prospects.
HEADS OF INQUIRY FOR MR. BARCLAY, AS TO MOROCCO.
1. Commerce. What are the articles of their export and import? What duties are levied by them on exports and imports? Do all nations pay the same, or what nations are favored, and how far? Are they their own carriers, or who carries for them? Do they trade themselves to other countries, or are they merely passive?
2. Ports. What are their principal ports? What depth of water in them? What works of defence protect these ports?
3. Naval force. How many armed vessels have they? Of what kind and force? What is the constitution of their naval force? What resources for increasing their navy? What number of seamen? Their cruising grounds, and seasons of cruising?
4. Prisoners. What is their condition and treatment? At what price are they ordinarily redeemed, and how?
Do they pay respect to the treaties they make?
Land forces. Their numbers, constitution, and respectability?
Revenues. Their amount.
Coins. What coins pass there, and at what rates?
LETTER CIV.—TO DAVID HARTLEY, September 5, 1785
TO DAVID HARTLEY.
Paris, September 5, 1785.
Dear Sir,
Your favor of April the 15th happened to be put into my hands at the same time with a large parcel of letters from America, which contained a variety of intelligence. It was then put where I usually place my unanswered letters; and I, from time to time, put off acknowledging the receipt of it, till I should be able to furnish you American intelligence worth communicating. A favorable opportunity, by a courier, of writing to you occurring this morning, what has been my astonishment and chagrin on reading your letter again, to find there was a case in it which required an immediate answer, but which, by the variety of matters, which happened to be presented to my mind, at the same time, had utterly escaped my recollection. I pray you to be assured, that nothing but this slip of memory would have prevented my immediate answer, and no other circumstance would have prevented its making such an impression on my mind, as that it could not have escaped. I hope you will therefore obliterate the imputation of want of respect, which, under actual appearances, must have arisen in your mind, but which would refer to an untrue cause the occasion of my silence. I am not sufficiently acquainted with the proceedings of the New York Assembly, to say, with certainty, in what predicament the lands of Mr. Upton may stand. But on conferring with Colonel Humphreys, who, being from the neighboring State, was more in the way of knowing what passed in New York, he thinks that the descriptions in their confiscation laws were such, as not to include a case of this nature. The first thing to be done by Mr. Upton is, to state his case to some intelligent lawyer of the country, that he may know with certainty whether they be confiscated, or not; and if not confiscated, to know what measures are necessary for completing and securing his grant. But if confiscated, there is then no other tribunal of redress but their General Assembly. If he is unacquainted there, I would advise him to apply to Colonel Hamilton, who was aid to General Washington, and is now very eminent at the bar, and much to be relied on. Your letter in his favor to Mr. Jay will also procure him the benefit of his counsel.
With respect to America, I will rather give you a general view of its situation, than merely relate recent events. The impost is still unpassed by the two States of New York and Rhode Island: for the manner in which the latter has passed it does not appear to me to answer the principal object, of establishing a fund, which, by being subject to Congress alone, may give such credit to the certificates of public debt, as will make them negotiable. This matter, then, is still suspended.
Congress have lately purchased the Indian right to nearly the whole of the land lying in the new State, bounded by lake Erie, Pennsylvania, and the Ohio. The northwestern corner alone is reserved to the Delawares and Wyandots. I expect a purchase is also concluded with other tribes, for a considerable proportion of the State next to this, on the north side of the Ohio. They have passed an ordinance establishing a land-office, considerably improved, I think, on the plan, of which I had the honor of giving you a copy. The lands are to be offered for sale to the highest bidder. For this purpose, portions of them are to be proposed in each State, that each may have the means of purchase carried equally to their doors, and that the purchasers may be a proper mixture of the citizens from all the different States. But such lots as cannot be sold for a dollar an acre, are not to be parted with. They will receive as money the certificates of public debt. I flatter myself that this arrangement will very soon absorb the whole of these certificates, and thus rid us of our domestic debt, which is four fifths of our whole debt. Our foreign debt will be then a bagatelle.
I think it probable that Vermont will be made independent, as I am told the State of New York is likely to agree to it. Maine will probably in time be also permitted to separate from Massachusetts. As yet, they only begin to think of it. Whenever the people of Kentucky shall have agreed among themselves, my friends write me word, that Virginia will consent to their separation. They will constitute the new State on the south side of Ohio, joining Virginia. North Corolina, by an act of their Assembly, ceded to Congress all their lands westward of the Allegany. The people inhabiting that territory thereon declared themselves independent, called their State by the name of Franklin, and solicited Congress to be received into the Union. But before Congress met, North Carolina (for what reasons I could never learn) resumed their session. The people, however, persist; Congress recommend to the State to desist from their opposition, and I have no doubt they will do it. It will, therefore, result from the act of Congress laying off the western country into new States, that these States will come into the Union in the manner therein provided, and without any disputes as to their boundaries.
I am told that some hostile transaction by our people at the Natchez, against the Spaniards, has taken place. If it be a fact, Congress will certainly not protect them, but leave them to be chastised by the Spaniards, saving the right to the territory. A Spanish minister being now with Congress, and both parties interested in keeping the peace, I think, if such an event has happened, it will be easily arranged.
I told you when here, of the propositions made by Congress to the States, to be authorized to make certain regulations in their commerce; and, that from the disposition to strengthen the hands of Congress, which was then growing fast, I thought they would consent to it. Most of them did so, and I suppose all of them would have done it, if they have not actually done it, but that events proved a much more extensive power would be requisite. Congress have, therefore, desired to be invested with the whole regulation of their trade, and for ever; and to prevent all temptations to abuse the power, and all fears of it, they propose that whatever monies shall be levied on commerce, either for the purpose of revenue, or by way of forfeitures or penalty, shall go directly into the coffers of the State wherein it is levied, without being touched by Congress. From the present temper of the States, and the conviction which your country has carried home to their minds, that there is no other method of defeating the greedy attempts of other countries to trade with them on unequal terms, I think they will add an article for this purpose to their Confederation. But the present powers of Congress over the commerce of the States, under the Confederation, seem not at all understood by your ministry. They say that body has no power to enter into a treaty of commerce; why then make one? This is a mistake. By the sixth article of the Confederation, the States renounce, individually, all power to make any treaty, of whatever nature, with a foreign nation. By the ninth article, they give the power of making treaties wholly to Congress with two reservations only. 1. That no treaty of commerce shall be made, which shall restrain the legislatures from making foreigners pay the same imposts with their own people: nor 2. from prohibiting the exportation or importation of any species of merchandise, which they might think proper. Were any treaty to be made which should violate either of these two reservations, it would be so far void. In the treaties, therefore, made with France, Holland, &c. this has been cautiously avoided. But are these treaties of no advantage to these nations? Besides the advantages expressly given by them, there results another, of great value. The commerce of those nations with the United States is thereby under the protection of Congress, and no particular State, acting by fits and starts, can harass the trade of France, Holland, &c. by such measures as several of them have practised against England, by loading her merchandise with partial imposts, refusing admittance to it altogether, excluding her merchants, &c. &c. For you will observe, that though, by the second reservation before mentioned, they can prohibit the importation of any species of merchandise, as, for instance, though they may prohibit the importation of wines in general, yet they cannot prohibit that of French wines in particular. Another advantage is, that the nations having treaties with Congress, can and do provide in such treaties for the admission of their consuls, a kind of officer very necessary for the regulation and protection of commerce. You know that a consul is the creature of treaty. No nation, without an agreement, can place an officer in another country, with any powers or jurisdiction whatever. But as the States have renounced the separate power of making treaties with foreign nations, they cannot separately receive a consul: and as Congress have, by the Confederation, no immediate jurisdiction over commerce, as they have only a power of bringing that jurisdiction into existence by entering into a treaty, till such treaty be entered into, Congress themselves cannot receive a consul. Till a treaty then, there exists no power in any part of our government, federal or particular, to admit a consul among us: and if it be true, as the papers say, that you have lately sent one over, he cannot be admitted by any power in existence to an exercise of any function. Nothing less than a new article, to be agreed to by all the States, would enable Congress, or the particular States, to receive him. You must not be surprised then, if he be not received.
I think I have by this time tired you with American politics, and will therefore only add assurances of the sincere regard and esteem, with which I have the honor to be, Dear Sir,
your most obedient, humble servant,
Th: Jefferson.
