letter I have received from his Catholic Majesty's representatives
here, in consequence of a complaint from the Governor of Florida, that three inhabitants of the State of Georgia, to wit, Thomas Harrison, David Rees, and William Ewin, had entered the Spanish territory and brought from thence five negro slaves, the property of John Blackwood, a Spanish subject, without his consent, in violation of the rights of that State and the peace of the two countries. I had formerly had the honor of sending you a copy of the convention entered into between the said Governor and Mr. Leagrove, on the part of the United States for the mutual restitution of fugitive slaves. I now take the liberty of requesting your Excellency to inform me what is done, or likely to be done with you for the satisfaction of the Spanish government in this instance. Nobody knows better than your Excellency the importance of restraining individuals from committing the peace and honor of the two nations, and I am persuaded that nothing will be wanting on your part to satisfy the just expectations of the government of Florida on the present occasion. I have the honor to be, with great respect, your Excellency's most obedient, and most humble servant.
TO MESSRS. DE VIAR AND JAUDENES.
Philadelphia, July 9, 1792.
Gentlemen,--Information has been received that the government of West Florida has established an agent within the territory of the United States, belonging to the Creek Indians, and it is even pretended that that agent has excited those Indians to oppose the making a boundary between their district and that of the citizens of the United States. The latter is so inconsistent with the dispositions to friendship and good neighborhood which Spain has always expressed towards us, with that concert of interest which would be so advantageous to the two nations, and which we are disposed sincerely to promote, that we find no difficulty in supposing it erroneous. The sending an agent within our limits we presume has been done without the authority or knowledge of your Government. It has certainly been the usage, where one nation has wished to employ agents of any kind within the limits of another, to obtain the permission of that other, and even to regulate by convention and on principles of reciprocity, the functions to be exercised by such agents. It is not to a nation whose dominions are circumstanced as those of Spain in our neighborhood, that we need develop the inconveniences of permitting reciprocally the unlicensed mission of agents into the territories of each other. I am persuaded nothing more is necessary than to bring the fact under the notice of your Government in order to its being rectified, which is the object of my addressing you on this occasion; with every assurance that you will make the proper communications on the subject to your court. I have the honor to be, with sentiments of perfect esteem and respect, Gentlemen, your most obedient, and most humble servant.
TO COLONEL HUMPHREYS.
Philadelphia, July 12, 1792.
Dear Sir,--We have been very long indeed without any vessel going from this port to Lisbon. This is the reason why I have been so long without acknowledging the receipt of your letters. Your Nos. from 45 to 53 inclusive are received, except No. 52, not yet come to hand. The President set out yesterday for Virginia, and I shall follow him to-morrow. During my absence the public papers will be forwarded to you by every opportunity by Mr. Taylor, with whom this letter is left, as we know of no present opportunity of forwarding it. The State of Vermont has lately taken some decisive step to extend its jurisdiction nearer to the British ports than has hitherto been done. This has produced a complaint from Mr. Hammond. We shall endeavor to keep things quiet, in hopes of voluntary justice from them. We shall probably have no campaign this year against the Indians. There are some hopes they will accept of peace and the rather as we have never asked anything in return for it. We really wish not to hurt them. I need not repeat occurrences which you will see in the gazettes. I am, with great and sincere esteem, dear Sir, your most obedient, and most humble servant.
TO HIS EXCELLENCY GOVERNOR LEE.
Monticello, August 13, 1792.
Sir,--It was not till yesterday that I was honored with the receipt of yours of July 23d, or it should have been sooner answered. I am of opinion that all communications between nations should pass through the channels of their Executives. However, in the instance of condolence on the death of Dr. Franklin, the letter from our general government was addressed to the President of the National Assembly; so was a letter from the Legislature of Pennsylvania, containing congratulations on the achievement of liberty to the French nation. I have not heard that, in either instance, their Executive took it amiss that they were not made the channel of communication. Perhaps, therefore, this method may at present be the safest, as it is not quite certain that the sentiments of their executive and legislative are exactly the same on the subject on which you have to address them. I cannot better justify the honor of your consultation than by thus giving you my ideas without reserve, and beg you to be assured of the sentiments of respect and esteem, with which I have the honor to be, your Excellency's most obedient, and most humble servant.
TO MR. PALESKE.
Monticello, August 19, 1792.
Sir,--I have received at this place your favor of the 9th instant, wherein you request, that agreeably to the treaty of commerce between the United States and his Prussian Majesty, his consul general be acknowledged as belonging to a most favored nation; that the privileges and immunities due to a consul general of the most favored nation be granted to his consul general, and that commissioners be appointed to regulate, by particular convention, the functions of the consuls and vice-consuls of the respective nations.
Treaties of the United States duly made and ratified, as is that with his Prussian Majesty, constitute a part of the law of the land, and need only promulgation to oblige all persons to obey them, and to entitle all to those privileges which such treaties confer. That promulgation having taken place, no other act is necessary or proper on the part of our government, according to our rules of proceeding, to give effect to the treaty. This treaty, however, has not specified the privileges or functions of consuls; it has only provided that these "shall be regulated by particular agreement." To the proposition to proceed as speedily as possible to regulate these functions by a convention, my absence from the seat of government does not allow me to give a definitive answer. I know, in general, that it would be agreeable to our government, on account of the recent changes in its form, to suspend for awhile the contracting specific engagements with foreign nations, until something more shall be seen of the direction it will take, and of its mode of operation, in order that our engagements may be so moulded to that, as to insure the exact performance of them which we are desirous ever to observe. Should this be the sentiment of our government on the present occasion, the friendship of his Prussian Majesty is a sufficient reliance to us for that delay which our affairs might require for the present; and the rather, as his vessels are not yet in the habit of seeking our ports, and for the few cases which may occur for some time, our own laws, copied mostly in this respect from those of a very commercial nation, have made the most material of those provisions which could be admitted into a special convention for the protection of vessels, their crews and cargoes, coming hither. We shall on this, however, and every other occasion, do everything we can to manifest our friendship to his Prussian Majesty and our desire to promote commercial intercourse with his subjects; and of this, we hope, he will be fully assured.
I have the honor to be, with great respect, Sir, your most obedient, and most humble servant.
TO THE MINISTER PLENIPOTENTIARY OF FRANCE.
August 27, 1792.
Sir,--Your letter of the 2d instant, informing me that the Legislative body, on the proposition of the King of the French, had declared war against the King of Hungary and Bohemia, has been duly received, and is laid before the President of the United States; and I am authorized to convey to you the expression of the sincere concern we feel on learning that the French nation, to whose friendship and interests we have the strongest attachment, are now to encounter the evils of war. We offer our prayers to Heaven that its duration may be short, and its course marked with as few as may be of those calamities which render the condition of war so afflicting to humanity, and we add assurances that, during its course, we shall continue in the same friendly dispositions, and render all those good offices which shall be consistent with the duties of a neutral nation.
I have the honor to be, with sentiments of the most perfect esteem and respect, Sir, your most obedient, and most humble servant.
TO THE PRESIDENT OF THE UNITED STATES.
Monticello, September 9, 1792.
Dear Sir,--I received on the 2d instant the letter of August 23d, which you did me the honor to write me; but the immediate return of our post, contrary to his custom, prevented my answer by that occasion. The proceedings of Spain, mentioned in your letter, are really of a complexion to excite uneasiness, and a suspicion that their friendly overtures about the Mississippi, have been merely to lull us while they should be strengthening their holds on that river. Mr. Carmichael's silence has been long my astonishment; and however it might have justified something very different from a new appointment, yet the public interest certainly called for his junction with Mr. Short, as it is impossible but that his knowledge of the ground of negotiation, of persons and characters, must be useful and even necessary to the success of the mission. That Spain and Great Britain may understand one another on our frontiers is very possible; for however opposite their interests or disposition may be in the affairs of Europe, yet while these do not call them into opposite action, they may concur as against us. I consider their keeping an agent in the Indian country as a circumstance which requires serious interference on our part; and I submit to your decision whether it does not furnish a proper occasion to us to send an additional instruction to Messrs. Carmichael and Short to insist on a mutual and formal stipulation to forbear employing agents or pensioning any persons within each other's limits; and if this be refused, to propose the contrary stipulation, to wit, that each party may freely keep agents within the Indian territories of the other, in which case we might soon sicken them of the license.
I now take the liberty of proceeding to that part of your letter wherein you notice the internal dissensions which have taken place within our government, and their disagreeable effect on its movements. That such dissensions have taken place is certain, and even among those who are nearest to you in the administration. To no one have they given deeper concern than myself; to no one equal mortification at being myself a part of them. Though I take to myself no more than my share of the general observations of your letter, yet I am so desirous ever that you should know the whole truth, and believe no more than the truth, that I am glad to seize every occasion of developing to you whatever I do or think relative to the government; and shall, therefore, ask permission to be more lengthy now than the occasion particularly calls for, or could otherwise perhaps justify.
When I embarked in the government, it was with a determination to intermeddle not at all with the Legislature, and as little as possible with my co-departments. The first and only instance of variance from the former part of my resolution, I was duped into by the Secretary of the Treasury, and made a tool for forwarding his schemes, not then sufficiently understood by me; and of all the errors of my political life, this has occasioned me the deepest regret. It has ever been my purpose to explain this to you, when, from being actors on the scene, we shall have become uninterested spectators only. The second part of my resolution has been religiously observed with the War Department; and as to that of the Treasury, has never been further swerved from than by the mere enunciation of my sentiments in conversation, and chiefly among those who, expressing the same sentiments, drew mine from me. If it has been supposed that I have ever intrigued among the members of the Legislature to defeat the plans of the Secretary of the Treasury, it is contrary to all truth. As I never had the desire to influence the members, so neither had I any other means than my friendships, which I valued too highly to risk by usurpation on their freedom of judgment, and the conscientious pursuit of their own sense of duty. That I have utterly, in my private conversations, disapproved of the system of the Secretary of the Treasury, I acknowledge and avow; and this was not merely a speculative difference. His system flowed from principles adverse to liberty, and was calculated to undermine and demolish the Republic, by creating an influence of his department over the members of the Legislature. I saw this influence actually produced, and its first fruits to be the establishment of the great outlines of his project by the votes of the very persons who, having swallowed his bait, were laying themselves out to profit by his plans; and that had these persons withdrawn, as those interested in a question ever should, the vote of the disinterested majority was clearly the reverse of what they made it. These were no longer the votes then of the representatives of the people, but of deserters from the rights and interests of the people; and it was impossible to consider their decisions, which had nothing in view but to enrich themselves, as the measures of the fair majority, which ought always to be respected. If, what was actually doing, begat uneasiness in those who wished for virtuous government, what was further proposed was not less threatening to the friends of the Constitution. For, in a report on the subject of manufactures, (still to be acted on,) it was expressly assumed that the General Government has a right to exercise all powers which may be for the _general welfare_, that is to say, all the legitimate powers of government; since no government has a legitimate right to do what is not for the welfare of the governed. There was, indeed, a sham limitation of the universality of this power _to cases where money is to be employed_. But about what is it that money cannot be employed? Thus the object of these plans, taken together, is to draw all the powers of government into the hands of the general Legislature, to establish means for corrupting a sufficient corps in that Legislature to divide the honest votes, and preponderate, by their own, the scale which suited, and to have the corps under the command of the Secretary of the Treasury, for the purpose of subverting, step by step, the principles of the Constitution which he has so often declared to be a thing of nothing, which must be changed. Such views might have justified something more than mere expressions of dissent, beyond which, nevertheless, I never went. Has abstinence from the department, committed to me, been equally observed by him? To say nothing of other interferences equally known, in the case of the two nations, with which we have the most intimate connections, France and England, my system was to give some satisfactory distinctions to the former, of little cost to us, in return for the solid advantages yielded us by them; and to have met the English with some restrictions which might induce them to abate their severities against our commerce. I have always supposed this coincided with your sentiments. Yet the Secretary of the Treasury, by his cabals with members of the Legislature, and by high-toned declamations on other occasions, has forced down his own system, which was exactly the reverse. He undertook, of his own authority, the conferences with the ministers of those two nations, and was, on every consultation, provided with some report of a conversation with the one or the other of them, adapted to his views. These views, thus made to prevail, their execution fell, of course, to me; and I can safely appeal to you, who have seen all my letters and proceedings, whether I have not carried them into execution as sincerely as if they had been my own, though I ever considered them as inconsistent with the honor and interest of our country. That they have been inconsistent with our interest is but too fatally proved by the stab to our navigation given by the French. So that if the question be by whose fault is it that Colonel Hamilton and myself have not drawn together? the answer will depend on that to two other questions, whose principles of administration best justify, by their purity, conscientious adherence? and which of us has, notwithstanding, stepped farthest into the control of the department of the other?
To this justification of opinions, expressed in the way of conversation, against the views of Colonel Hamilton, I beg leave to add some notice of his late charges against me in Fenno's Gazette; for neither the style, matter, nor venom of the pieces alluded to, can leave a doubt of their author. Spelling my name and character at full length to the public, while he conceals his own under the signature of "An American," he charges me, 1st. With having written letters from Europe to my friends to oppose the present Constitution, while depending. 2d. With a desire of not paying the public debt. 3d. With setting up a paper to decry and slander the government. 1st. The first charge is most false. No man in the United States, I suppose, approved of every tittle in the Constitution: no one, I believe, approved more of it than I did, and more of it was certainly disapproved by my accuser than by me, and of its parts most vitally republican. Of this the few letters I wrote on the subject (not half a dozen I believe) will be a proof; and for my own satisfaction and justification, I must tax you with the reading of them when I return to where they are. You will there see that my objection to the Constitution was, that it wanted a bill of rights securing freedom of religion, freedom of the press, freedom from standing armies, trial by jury, and a constant habeas corpus act. Colonel Hamilton's was, that it wanted a king and house of lords. The sense of America has approved my objection and added the bill of rights, not the king and lords. I also thought a longer term of service, insusceptible of renewal, would have made a President more independent. My country has thought otherwise, I have acquiesced implicitly. He wishes the General Government should have power to make laws binding the States in all cases whatsoever. Our country has thought otherwise: has he acquiesced? Notwithstanding my wish for a bill of rights, my letters strongly urged the adoption of the Constitution, by nine States at least, to secure the good it contained. I at first thought that the best method of securing the bill of rights would be for four States to hold off till such a bill should be agreed to. But the moment I saw Mr. Hancock's proposition to pass the Constitution as it stood, and give perpetual instructions to the representatives of every State to insist on a bill of rights, I acknowledged the superiority of his plan, and advocated universal adoption. 2d. The second charge is equally untrue. My whole correspondence while in France, and every word, letter and act on the subject, since my return, prove that no man is more ardently intent to see the public debt soon and sacredly paid off than I am. This exactly marks the difference between Colonel Hamilton's views and mine, that I would wish the debt paid to-morrow; he wishes it never to be paid, but always to be a thing wherewith to corrupt and manage the Legislature. 3d. I have never enquired what number of sons, relatives and friends of Senators, Representatives, printers or other useful partisans Colonel Hamilton has provided for among the hundred clerks of his department, the thousand excisemen, at his nod, and spread over the Union; nor could ever have imagined that the man who has the shuffling of millions backwards and forwards from paper into money and money into paper, from Europe to America, and America to Europe, the dealing out of treasury secrets among his friends in what time and measure he pleases, and who never slips an occasion of making friends with his means, that such an one, I say, would have brought forward a charge against me for having appointed the poet, Freneau, translating clerk to my office, with a salary of 250 dollars a year. That fact stands thus. While the government was at New York I was applied to on behalf of Freneau to know if there was any place within my department to which he could be appointed. I answered there were but four clerkships, all of which I found full, and continued without any change. When we removed to Philadelphia, Mr. Pintard, the translating clerk, did not choose to remove with us. His office then became vacant. I was again applied to there for Freneau, and had no hesitation to promise the clerkship for him. I cannot recollect whether it was at the same time, or afterwards, that I was told he had a thought of setting up a newspaper there. But whether then, or afterwards, I considered it a circumstance of some value, as it might enable me to do, what I had long wished to have done, that is, to have the material parts of the Leyden Gazette brought under your eye, and that of the public, in order to possess yourself and them of a juster view of the affairs of Europe than could be obtained from any other public source. This I had ineffectually attempted through the press of Mr. Fenno, while in New York, selecting and translating passages myself at first, then having it done by Mr. Pintard, the translating clerk, but they found their way too slowly into Mr. Fenno's papers. Mr. Bache essayed it for me in Philadelphia, but his being a daily paper, did not circulate sufficiently in the other States. He even tried, at my request, the plan of a weekly paper of recapitulation from his daily paper, in hopes that that might go into the other States, but in this too we failed. Freneau, as translating clerk, and the printer of a periodical paper likely to circulate through the States (uniting in one person the parts of Pintard and Fenno), revived my hopes that the thing could at length be effected. On the establishment of his paper, therefore, I furnished him with the Leyden Gazette, with an expression of my wish that he could always translate and publish the material intelligence they contained, and have continued to furnish them from time to time, as regularly as I received them. But as to any other direction or indication of my wish how his press should be conducted, what sort of intelligence he should give, what essays encourage, I can protest, in the presence of heaven, that I never did by myself, or any other, or indirectly, say a syllable, nor attempt any kind of influence. I can further protest, in the same awful presence, that I never did, by myself, or any other, directly or indirectly, write, dictate or procure any one sentence or sentiment to be inserted _in his, or any other gazette_, to which my name was not affixed or that of my office. I surely need not except here a thing so foreign to the present subject as a little paragraph about our Algerine captives, which I put once into Fenno's paper. Freneau's proposition to publish a paper, having been about the time that the writings of Publicola, and the discourses on Davila, had a good deal excited the public attention, I took for granted from Freneau's character, which had been marked as that of a good whig, that he would give free place to pieces written against the aristocratical and monarchical principles these papers had inculcated. This having been in my mind, it is likely enough I may have expressed it in conversation with others, though I do not recollect that I did. To Freneau I think I could not, because I had still seen him but once, and that was at a public table, at breakfast, at Mrs. Elsworth's, as I passed through New York the last year. And I can safely declare that my expectations looked only to the chastisement of the aristocratical and monarchical writers, and not to any criticisms on the proceedings of government. Colonel Hamilton can see no motive for any appointment, but that of making a convenient partizan. But you, Sir, who have received from me recommendations of a Rittenhouse, Barlow, Paine, will believe that talents and science are sufficient motives with me in appointments to which they are fitted; and that Freneau, as a man of genius, might find a preference in my eye to be a translating clerk, and make good title to the little aids I could give him as the editor of a gazette, by procuring subscriptions to his paper, as I did some before it appeared, and as I have with pleasure done for the labors of other men of genius. I hold it to be one of the distinguishing excellences of elective over hereditary successions, that the talents which nature has provided in sufficient proportion, should be selected by the society for the government of their affairs, rather than that this should be transmitted through the loins of knaves and fools, passing from the debauches of the table to those of the bed. Colonel Hamilton, alias "Plain Facts," says, that Freneau's salary began before he resided in Philadelphia. I do not know what quibble he may have in reserve on the word "residence." He may mean to include under that idea the removal of his family; for I believe he removed himself, before his family did, to Philadelphia. But no act of mine gave commencement to his salary before he so far took up his abode in Philadelphia, as to be sufficiently in readiness for the duties of the office. As to the merits or demerits of his paper, they certainly concern me not. He and Fenno are rivals for the public favor. The one courts them by flattery, the other by censure, and I believe it will be admitted that the one has been as servile, as the other severe. But is not the dignity, and even decency of government committed, when one of its principal ministers enlists himself as an anonymous writer or paragraphist for either the one or the other of them? No government ought to be without censors; and where the press is free, no one ever will. If virtuous, it need not fear the fair operation of attack and defence. Nature has given to man no other means of sifting out the truth, either in religion, law, or politics. I think it as honorable to the government neither to know, nor notice, its sycophants or censors, as it would be undignified and criminal to pamper the former and persecute the latter. So much for the past, a word now of the future.
When I came into this office, it was with a resolution to retire from it as soon as I could with decency. It pretty early appeared to me that the proper moment would be the first of those epochs at which the Constitution seems to have contemplated a periodical change or renewal of the public servants. In this I was confirmed by your resolution respecting the same period; from which, however, I am happy in hoping you have departed. I look to that period with the longing of a wave-worn mariner, who has at length the land in view, and shall count the days and hours which still lie between me and it. In the meanwhile, my main object will be to wind up the business of my office, avoiding as much as possible all new enterprise. With the affairs of the Legislature, as I never did intermeddle, so I certainly shall not now begin. I am more desirous to predispose everything for the repose to which I am withdrawing, than expose it to be disturbed by newspaper contests. If these however cannot be avoided altogether, yet a regard for your quiet will be a sufficient motive for my deferring it till I become merely a private citizen, when the propriety or impropriety of what I may say or do, may fall on myself alone. I may then, too, avoid the charge of misapplying that time which now, belonging to those who employ me, should be wholly devoted to their service. If my own justification, or the interests of the republic shall require it, I reserve to myself the right of then appealing to my country, subscribing my name to whatever I write, and using with freedom and truth the facts and names necessary to place the cause in its just form before that tribunal. To a thorough disregard of the honors and emoluments of office, I join as great a value for the esteem of my countrymen, and conscious of having merited it by an integrity which cannot be reproached, and by an enthusiastic devotion to their rights and liberty, I will not suffer my retirement to be clouded by the slanders of a man whose history, from the moment at which history can stoop to notice him, is a tissue of machinations against the liberty of the country which has not only received and given him bread, but heaped its honors on his head. Still, however, I repeat the hope that it will not be necessary to make such an appeal. Though little known to the people of America, I believe, that as far as I am known, it is not as an enemy to the Republic, nor an intriguer against it, nor a waster of its revenue, nor prostitutor of it to the purposes of corruption, as the "American" represents me; and I confide that yourself are satisfied that as to dissensions in the newspapers, not a syllable of them has ever proceeded from me, and that no cabals or intrigues of mine have produced those in the Legislature, and I hope I may promise both to you and myself, that none will receive aliment from me during the short space I have to remain in office, which will find ample employment in closing the present business of the department.
Observing that letters written at Mount Vernon on the Monday, and arriving at Richmond on the Wednesday, reach me on Saturday, I have now the honor to mention that the 22d instant will be the last of our post days that I shall be here, and consequently that no letter from you after the 17th, will find me here. Soon after that I shall have the honor of receiving at Mount Vernon your orders for Philadelphia, and of there also delivering you the little matter which occurs to me as proper for the opening of Congress, exclusive of what has been recommended in former speeches, and not yet acted on. In the meantime and ever I am, with great and sincere affection and respect, dear Sir your most obedient, and most humble servant.
TO ARCHIBALD STUART, ESQ.
Monticello, September 9, 1792.
Dear Sir,--I wrote you a long letter from Philadelphia early in the summer, which would not have been worth recurring to, but that I therein asked the favor of you to sound Mr. Henry on the subject you had written to me on, to wit, the amendment of our Constitution, and to find whether he would not approve of the specific amendments therein mentioned, in which case the business would be easy. If you have had any conversation with him on the subject, I will thank you for the result. As I propose to return from my present office at the close of the ensuing session of Congress, and to fix myself once more at home, I begin to feel a more immediate interest in having the Constitution of our country fixed, and in such a form as will ensure a somewhat greater certainty to our laws, liberty and property, the first and last of which are now pretty much afloat, and the second not out of the reach of every enterprise. I set out for Philadelphia about the 20th, and would therefore be happy to hear from you before that. I am, with great and sincere esteem, dear Sir, your constant friend and servant.
TO MR. CLAY.
Monticello, September 11, 1792.
Dear Sir,--Your favor of August 8th, came duly to hand, and I should with pleasure have done what you therein desired, as I ever should what would serve or oblige you; but from a very early moment of my life I determined never to intermeddle with elections of the people, and have invariably adhered to this determination. In my own county, where there have been so many elections in which my inclinations were enlisted, I yet never interfered. I could the less do it in the present instance, your people so very distant from me, utterly unknown to me, and to whom I am also unknown; and above all, I a stranger, to presume to recommend one who is well known to them. The people could not but put this question to me, "who are you, pray?" In writing the letter to you on the former occasion, I went further than I had ever before done, but that was addressed to yourself to whom I had a right to write, and not to persons either unknown to me, or very capable of judging for themselves. I have so much reliance on your friendship and candor as not to doubt you will approve of my sentiments on this occasion, and be satisfied they flow from considerations respecting myself only, and not you to whom I am happy in every occasion of testifying my esteem. I hope to see you in Bedford about May next, and am with great attachment, dear Sir, your friend and servant.
TO EDWARD RANDOLPH, ESQ.
Monticello, September 17, 1792.
My Dear Sir,--The last post brought me your favor of the 26th of August; but it brought me at the same time so much business to be answered by return of post, and which did not admit of delay, that I was obliged to postpone the acknowledgment of yours. I thank you sincerely for what respects myself. Though I see the pen of the Secretary of the Treasury plainly in the attack on me, yet, since he has not chosen to put his name to it, I am not free to notice it as his. I have preserved through life a resolution, set in a very early part of it, never to write in a public paper without subscribing my name, and to engage openly an adversary who does not let himself be seen, is staking all against nothing. The indecency too, of newspaper squabbling between two public ministers, besides my own sense of it, has drawn something like an injunction from another quarter. Every fact alleged under the signature of "an American" as to myself, is false, and can be proved so; and perhaps will be one day. But for the present, lying and scribbling must be free to those mean enough to deal in them, and in the dark. I should have been setting out to Philadelphia within a day or two; but the addition of a grandson and indisposition of my daughter, will probably detain me here a week longer. My best respects to Mrs. Randolph, and am, with great and sincere esteem, dear Sir, your affectionate friend and servant.
TO THE PRESIDENT OF THE UNITED STATES.
Monticello, September 18, 1792--2 o'clock, P.M.
Dear Sir,--Your express is this moment arrived with the Proclamation on the proceedings against the laws for raising a revenue on distilled spirits, and I return it herein enclosed with my signature. I think if, instead of the words "to render laws dictated by weighty reasons of public exigency and policy as acceptable as possible," it stood "to render the laws as acceptable as possible," it would be better. I see no other particular expressions which need alteration. I am sincerely sorry to learn that such proceedings have taken place; and I hope the Proclamation will lead the persons concerned into a regular line of application which may end either in an amendment of the law, if it needs it, or in their conviction that it is right. Your most obedient, and most humble servant.
TO C. C. PINCKNEY, ESQ.
Philadelphia, October 8, 1792.
Sir,--I found on my return here three days ago, your favor of April 6th, and am happy to learn from it that the Agricultural Society has adopted the plan of employing a person at Marseilles to raise and send olive trees to them annually. Their success in South Carolina cannot be doubted, and their value is great. Olive grounds in France rent higher by the acre than those of any other growth in the kingdom, which proves they yield the greatest nett produce. Marseilles is the proper place for your nurseryman to be fixed, because it is the neighborhood of the best olives; and Mr. Cathalan the properest person to whom we can commit the whole superintendence, because he is our consul, is concerned in our commerce, eager to extend it, is a good man, a wealthy one, and has offered his services repeatedly in this business. He was brought up in a counting-house in London, is connected there, and therefore I think that the most convenient place on which to enable him to draw for the expenditures. This may be either by an annual letter of credit to him on some house there for any sum not exceeding fifty guineas, or a standing letter of credit for that annual sum till your further orders. I would advise that he should never be suffered to be in advance for the society, that there may be no motive for his being cool in the business. If you think proper to write to Mr. Cathalan merely to open the correspondence with him, enclosing him a letter of credit, and referring him to me for the mode of conducting the enterprise, I will enclose it to him with proper instructions as to the mode. My reason for this caution is that from my knowledge of circumstances, and from what has already passed between him and me, I can fix him at once as to a moderate scale of expense which I know to be sufficient, and which he might transcend under the idea that this is a public enterprise, supported by powerful and wealthy gentlemen. A copy of my letter shall be sent to you, so that you may make any alterations in the plan which may be agreeable to your ideas of the business, in the course of your future correspondence with Mr. Cathalan; and I shall at all future times be ready to do anything further in my power to promote the object. I am happy that while I was in the olive country I enquired for and procured the best book on the subject of the olive tree, which I now deliver to Mr. Smith for the use of the society. I suspect that the excrescence on your olive trees, described in your letter, is what they call the leprosy, which prevails among these plants I believe in every country. I have the honor to be, with great respect and esteem, Sir, your most obedient, and most humble servant.
TO MR. PINCKNEY.
Philadelphia, October 12, 1792.
Dear Sir,--Your favor of August the 7th came to hand on the 6th instant, and gave me the first certain information of your safe arrival. Mr. Otto being about to sail for London, furnishes me with an opportunity of sending the newspapers for yourself and Mr. Barclay, and I avail myself of it chiefly for this purpose, as my late return from Virginia and the vacation of Congress furnishes little new and important for your information. With respect to the Indian war, the summer has been chiefly employed on our part in endeavoring to persuade them to peace, in an abstinence from all offensive operations, in order to give those endeavors a fairer chance, and in preparation for activity the ensuing season, if they fail. I believe we may say these endeavors have all failed, or probably will do so. The year has been rather a favorable one for our agriculture. The crops of small grain were generally good. Early frosts have a good deal shortened those of tobacco and Indian corn, yet not so as to endanger distress. From the south my information is less certain, but from that quarter you will be informed through other channels. I have a pleasure in noting this circumstance to you, because the difference between a plentiful and a scanty crop more than counterpoises the expenses of any campaign. Five or six plentiful years successively, as we have had, have most sensibly ameliorated the condition of our country, and uniform laws of commerce, introduced by our new government, have enabled us to draw the whole benefits of our agriculture.
I enclose you the copy of a letter from Messrs. Blow and Milhaddo, merchants of Virginia, complaining of the taking away of their sailors on the coast of Africa, by the commander of a British armed vessel. So many instances of this kind have happened, that it is quite necessary that their government should explain themselves on the subject, and be led to disavow and punish such conduct. I leave to your discretion to endeavor to obtain this satisfaction by such friendly discussions as may be most likely to produce the desired effect, and secure to our commerce that protection against British violence which it has never experienced from any other nation. No law forbids the seamen of any country to engage in time of peace on board a foreign vessel; no law authorizes such seamen to break his contract, nor the armed vessels of his nation to interpose force for his rescue. I shall be happy to hear soon that Mr. B. has gone on the service on which he was ordered.
I have the honor to be, with great and sincere esteem, dear Sir, your most obedient, and most humble servant.
TO MESSRS. CARMICHAEL AND SHORT.
Philadelphia, October 14, 1792.
Gentlemen,--Since my letters of March the 18th and April the 24th (which have been retarded so unfortunately), another subject of conference and convention with Spain has occurred. You know that the frontiers of her provinces, as well as of our States, are inhabited by Indians holding justly the right of occupation, and leaving to Spain and to us only the claim of excluding other nations from among them, and of becoming ourselves the purchasers of such portions of land, from time to time, as they may choose to sell. We have thought, that the dictates of _interest_ as well as _humanity_, enjoined mutual endeavors with those Indians to live in peace with both nations, and we have scrupulously observed that conduct. Our agent with the Indians bordering on the territories of Spain, has a standing instruction to use his best endeavors to prevent them from committing acts of hostility against the Spanish settlements. But whatever may have been the conduct or orders of the _government_ of Spain, that of their officers in our neighborhood has been indisputably unfriendly and hostile to us. The papers enclosed will demonstrate this to you. That the Baron de Carondelet, their chief Governor at New Orleans, has excited the Indians to war on us, that he has furnished them with abundance of arms and ammunition, and promised them whatever more shall be necessary, I have from the mouth of him who had it from his own mouth. In short, that he is the sole source of a great and serious war now burst out upon us, and from Indians who, we know, were in peaceable dispositions towards us till prevailed on by him to commence the war, there remains scarcely room to doubt. It has become necessary that we understand the real policy of Spain in this point. You will therefore be pleased to extract from the enclosed papers such facts as you think proper to be communicated to that court, and enter into friendly but serious expostulations on the conduct of their officers; for we have equal evidence against the commandants of other posts in West Florida, though they being subordinate to Carondelet, we name him as the source. If they disavow his conduct, we must naturally look to their treatment of him as the sole evidence of their sincerity. But we must look further. It is a general rule, that no nation has a right to keep an agent within the limits of another, without the consent of that other, and we are satisfied it would be best for both Spain and us, to abstain from having agents or other persons in our employ or pay among the savages inhabiting our respective territories, whether as subjects or independent. You are, therefore, desired to propose and press a stipulation to that effect. Should they absolutely decline it, it may be proper to let them perceive that as the right of keeping agents exists on both sides or on neither, it will rest with us to reciprocate their own measures. We confidently hope that these proceedings are unauthorized by the government of Spain, and in this hope, we continue in the dispositions formerly expressed to you, of living on terms of the best friendship and harmony with that country, of making their interests in our neighborhood our own, and of giving them every proof of this, except the abandonment of those essential rights which you are instructed to insist on.
I have the honor to be, with great and sincere esteem, Gentlemen, your most obedient, and most humble servant.
TO G. MORRIS, ESQ.
Philadelphia, October 15, 1792.
Sir,--I have duly received your favor of July 10, No. 4, but no other number preceding or subsequent. I fear, therefore, that some miscarriage has taken place. The present goes to Bordeaux, under cover to Mr. Fenwick, who, I hope, will be able to give it a safe conveyance to you. I observe that you say in your letter, that "the marine department is to treat with you for supplies to St. Domingo." I presume you mean "supplies of _money_," and not that our government is to furnish supplies of _provisions_, specifically, or employ others to do it; this being a business into which they could not enter. The payment of money here, to be employed by their own agents in purchasing the produce of our soil, is a desirable thing. We are informed by the public papers, that the late constitution of France, formally notified to us, is suspended, and a new convention called. During the time of this suspension, and while no legitimate government exists, we apprehend we cannot continue the payments of our debt to France, because there is no person authorized to receive it and to give us an unobjectionable acquittal. You are, therefore, desired to consider the payment as suspended, until further orders. Should circumstances oblige you to mention this (which it is better to avoid if you can), do it with such solid reasons as will occur to yourself, and accompany it with the most friendly declarations that the suspension does not proceed from any wish in us to delay the payment, the contrary being our wish, nor from any desire to embarrass or oppose the settlement of their government in that way in which their nation shall desire it; but from our anxiety to pay this debt justly and honorably, and to the persons really authorized by the nation (to whom we owe it) to receive it for their use. Nor shall this suspension be continued one moment after we can see our way clear out of the difficulty into which their situation has thrown us. That they may speedily obtain liberty, peace, and tranquillity, is our sincere prayer.
The present summer is employed by us in endeavors to persuade the Indians to peace, and to prepare for the ensuing campaign, if our endeavors for peace should fail. That they will fail, we have reason to expect, and consequently that the expenses of our armament are to continue for some time. Another plentiful year added to the several others which we have successively had, is some consolation under these expenses. Very early frosts, indeed, have somewhat shortened the productions of the autumn.
I have the honor to be, with great respect and esteem, dear Sir, your most obedient, and most humble servant.
TO M. DE TERNANT.
Philadelphia, October 16, 1792.
Sir,--I am to acknowledge the receipt of your letter of the 9th instant, proposing a stipulation for the abolition of the practice of privateering in times of war. The benevolence of this proposition is worthy of the nation from which it comes, and our sentiments on it have been declared in the treaty to which you are pleased to refer, as well as in some others which have been proposed. There are in those treaties some other principles which would probably meet the approbation of your government, as flowing from the same desire to lessen the occasions and the calamities of war. On all of these, as well as on those amendments to our treaty of commerce which might better its conditions with both nations, and which the National Assembly of France has likewise brought into view on a former occasion, we are ready to enter into negotiation with you, only proposing to take the whole into consideration at once. And while contemplating provisions which look to the event of war, we are happy in feeling a conviction that it is yet at a great distance from us, and in believing that the sentiments of sincere friendship which we bear to the nation of France are reciprocated on their part. Of these our dispositions, be so good as to assure them on this and all other occasions; and to accept yourself those sentiments of esteem and respect with which I have the honor to be, Sir, your most obedient, and most humble servant.
TO MESSRS. VIAR AND JAUDENES, _Commissioners of Spain_.
Philadelphia, November 1, 1792.
Gentlemen,--I have now to acknowledge the receipt of your favor of October the 29th, which I have duly laid before the President of the United States; and in answer thereto, I cannot but observe that some parts of its contents were truly unexpected. On what foundation it can be supposed that we have menaced the Creek nation with destruction during the present autumn, or at any other time, is entirely inconceivable. Our endeavors, on the contrary, to keep them at peace, have been earnest, persevering and notorious, and no expense has been spared which might attain that object. With the same views to peace, we have suspended, now more than a twelvemonth, the marking a boundary between them and us, which had been fairly, freely and solemnly established with the chiefs whom they had deputed to treat with us on that subject; we have suspended it, I say, in the constant hope that taking time to consider it in the councils of their nation, and recognizing the justice and reciprocity of its conditions, they would at length freely concur in carrying it into execution. We agree with you, that the interests which either of us have in the proceedings of the other with this nation of Indians, is a proper subject of discussion at the negotiations to be opened at Madrid, and shall accordingly give the same in charge to our commissioners there. In the meantime, we shall continue sincerely to cultivate the peace and prosperity of all the parties, being constant in the opinion, that this conduct, reciprocally observed, will most increase the happiness of all.
I have the honor to be, with sentiments of great esteem and respect, Gentlemen, your most obedient, and most humble servant.
TO THE PRESIDENT.
Philadelphia, November 2, 1792.
Sir,--The letter of October the 29th, from Messrs. Viar and Jaudenes, not expressing the principle on which their government interests itself between the United States and the Creeks, I thought it of importance to have it ascertained. I therefore called on those gentlemen, and entered into explanations with them. They assured me, in our conversation, that supposing all question of boundary to be out of the case, they did not imagine their government would think themselves authorized to take under their protection, any nations of Indians living within limits confessed to be ours; and they presumed that any interference of theirs, with respect to the Creeks, could only arise out of the question of disputed territory, now existing between us; that, on this account, some part of our treaty with the Creeks had given dissatisfaction. They said, however, that they were speaking from their own sentiments only, having no instructions which would authorize them to declare those of their court; but that they expected an answer to their letters covering mine of July the 9th, (erroneously cited by them as of the 11th,) from which they would probably know the sentiments of their court. They accorded entirely in the opinion, that it would be better that the two nations should mutually endeavor to preserve each the peace of the other, as well as their own, with the neighboring tribes of Indians.
I shall avail myself of the opportunity by a vessel which is to sail in a few days, of sending proper information and instructions to our commissioners on the subject of the late, as well as of the future, interferences of the Spanish officers to our prejudice with the Indians, and for the establishment of common rules of conduct for the two nations.
I have the honor to be, with the most perfect respect and attachment, Sir, your most obedient, and most humble servant.
TO MESSRS. CARMICHAEL AND SHORT.
Philadelphia, November 3, 1792.
Gentlemen,--I wrote you on the 14th of last month; since which some other incidents and documents have occurred, bearing relation to the subject of that letter. I therefore now enclose you a duplicate of that letter.
Copy of a letter from the Governor of Georgia, with the deposition it covered of a Mr. Hull, and an original passport, signed by Olivier, wherein he styles himself commissary for his Catholic Majesty with the Creeks.
Copy of a letter from Messrs. Viar and Jaudenes to myself, dated October the 29th, with that of the extract of a letter of September the 24th, from the Baron de Carondelet to them.
Copy of my answer of No. 1, to them, and copy of a letter from myself to the President, stating a conversation with those gentlemen.
From those papers you will find that we have been constantly endeavoring, by every possible means, to keep peace with the Creeks; that in order to do this, we have even suspended and still suspend the running a fair boundary between them and us, as agreed on by themselves, and having for its object the precise definition of their and our lands, so as to prevent encroachment on either side, and that we have constantly endeavored to keep them at peace with the Spanish settlements also; that Spain on the contrary, or at least the officers of her governments, since the arrival of the Baron de Carondelet, have undertaken to keep an agent among the Creeks, have excited them and the other southern Indians to commence a war against us, have furnished them with arms and ammunition for the express purpose of carrying on that war, and prevented the Creeks from running the boundary which would have removed the cause of difference from between us. Messrs. Viar and Jaudenes explain the ground of interference on the fact of the Spanish claim to that territory, and on an article in our treaty with the Creeks, putting themselves under our protection. But besides that you already know the nullity of their pretended claim to the territory, they had themselves set the example of endeavoring to strengthen that claim by the treaty mentioned in the letter of the Baron de Carondelet, and by the employment of an agent among them. The establishment of our boundary, committed to you, will, of course, remove the grounds of all future pretence to interfere with the Indians _within our territory_, and it was to such only that the treaty of New York stipulated protection; for we take for granted, that Spain will be ready to agree to the principle, that neither party has a right to stipulate protection or interference with the Indian nations inhabiting the territory of the other. But it is extremely material also, with sincerity and good faith, to patronize the peace of each other with the neighboring savages. We are quite disposed to believe that the late wicked excitements to war, have proceeded from the Baron de Carondelet himself, without any authority from his court. But if so, have we not reason to expect the removal of such an officer from our neighborhood, as an evidence of the disavowal of his proceedings? He has produced against us a serious war. He says in his letter, indeed, that he has suspended it. But this he has not done, nor possibly can he do it. The Indians are more easily engaged in a war than withdrawn from it. They have made the attack in force on our frontiers, whether with or without his consent, and will oblige us to a severe punishment of their aggression. We trust that you will be able to settle principles of a friendly concert between us and Spain, with respect to the neighboring Indians; and if not, that you will endeavor to apprize us of what we may expect, that we may no longer be tied up by principles, which, in that case, would be inconsistent with duty and self-preservation.
I have the honor to be, with sentiments of perfect esteem and respect, Gentlemen, your most obedient, and most humble servant.
TO THE PRESIDENT OF THE UNITED STATES.
Philadelphia, November 3, 1792.
Sir,--In order to enable you to lay before Congress the account required by law of the application of the moneys appropriated to foreign purposes through the agency of the Department of State, I have now the honor to transmit to you the two statements, Nos. 1 and 2, herein enclosed, comprehending the period of two years preceding the 1st day of July last.
The first statement is of the sums paid from the Treasury under the act allowing the annual fund of $40,000 for the purpose of foreign intercourse, as also under the acts of March 3, 1791, c. 16, and May 1792, c. 41, 5, 3, allowing other sums for special purposes. By this it will appear, that, except the sum of $500 paid to Colonel Humphreys on his departure, the rest has all been received in bills of exchange, which identical bills have been immediately remitted to Europe, either to those to whom they were due for services, or to the bankers of the United States in Amsterdam, to be paid out by them to persons performing services abroad. This general view has been given in order to transfer the debt of these sums from the Department of State to those to whom they have been delivered.
But in order to give to Congress a view of the specific application of these moneys, the particular accounts rendered by those who have received them, have been analyzed, and the payments made to them have been reduced under general heads, so as to show at one view the amount of the sums which each has received for every distinct species of service or disbursement, as well as their several totals. This is the statement No. 2, and it respects the annual fund of $40,000 only, the special funds of the acts of 1791 and 1792, having been not yet so far administered as to admit of any statement.
I had presented to the Auditor the statement No. 1, with the vouchers, and also the special accounts rendered by the several persons who have received these moneys, but, on consideration, he thought himself not authorized, by any law, to proceed to their examination. I am, therefore, to hope, Sir, that authority may be given to the Auditor, or some other person, to examine the general account and vouchers of the Department of State, as well as to raise special accounts against the persons into whose hands the moneys pass, and to settle the same from time to time on behalf of the public.
I have the honor to be, with sentiments of the most perfect respect and attachment, Sir, your most obedient, and most humble servant.
THE DEPARTMENT OF STATE IN ACCOUNT WITH THE U. S.
Dr. -------------+----------------------------------------------+--------- 1790 Aug. 14 | To a warrant from the Treasury | | under the Act for foreign | | intercourse (1790, July 1) | $ 500 Dec. 20 | To the Treasurer's Exchange on | | Will. V. Staph. | | & Hub. under do. x $ | | 2475.0 = 1000. | | | To do. 577-10 = 233.33| | 1791 Mar. 19 | To do. 99,000 =| 40,000 May 7 | To do. under Act of | | March 3, 1791, c. 16 32,175 =| 13,000 1792 Jan. 27 | To do. under Act | | for foreign | | intercourse 95,947-10 = 38,766,67| | | ---------------------| | 40,000 | 99,000 = 40,000 | | June 30 | To do. under the Act of 1792, | | May 8, c. 41, 5, 3 123,750| 50,000 | |--------- | | $143,500
====================================================================== Cr. -------------+----------------------------------------------+--------- 1790 Aug. 14 | By paid Col. Humphreys on his mission to | | Madrid, (as by his receipt) |$ 500 Dec. 17 | By remittance to Mr. G. Morris, | | (as by his letter, | | Feb. 26, 91), | | the bill per contra x | | for 2475 = $1,000| | By do. to J. B. Cutting, | | (as by papers given | | in to Congress,) the | | bill per contra for 577-10 = $233-1/3| 1791 Mar. 19 | By do. to Will V. Staphorsts | | & Hub., (as by | | their account, June 10, 91), | | the bill per contra for 99,000 =| 40,000 May 13 | By do. to do. subject to | | Humphreys & Barclay, | | (as by their receipt,) | | the bill per contra for 32,175 =| 13,000 1792 Jan. 23 | By do. to do., (as by their | | account, April 10, 92), | | the bill per contra for 95,947 = 38,766-2/3| | -------------------| | 99,000 = 40,000 | 40,000 July 3 | By do. to do. subject to J. Pinckney for | | purposes of Act May 8, 92, | | the bill per contra for 123,750| 50,000 | |--------- | | $143,500
_Analyses of the Expenses of the United States for their intercourse with Foreign Nations from July 1, 1790, to July 1, '91, and from July 1, '91, to July 1, '92, taken from the accounts of Messrs. Short, Humphreys, Morris, Pinckney, Willincks, Van Staphorsts, Hubbard, given to the auditor._
------------------+-------+-------+----------+--------+---------+--------- | | | | | | | | | | | | 1790, July 1 |Outfit.|Salary.|Secretary.|Postage.| (a) | Total. --1791, July 1. | | | | | |Dollars. | | | | | | | | | | | | Ordinary, +-------+-------+----------+--------+---------+--------- Mr. Short | |4500. | 281.74 | 72.4 | 248.96 | 5,103.10 Col. Humphreys | 4500. |1602.73| | | | 6,102.73 Mr. Carmichael | | | | | | 3,927.94 Mr. Dumas | | | | | | 1,505.44 +-------+-------+----------+--------+---------+--------- |16,639.21 Extraordinary, | Mission to London 2000. | " " Amsterdam on the subject of loans 986.18 | " " Madrid 1195.89 | Mr. Cutting special services to American seamen 233.33 | 4,415.40 ------------+--------- Total |21,054.61
(a) Contingencies, viz., Gazettes, &c. to dept. of state, printing, poor seamen, &c.
------------------+-------+-------+----------+--------+---------+--------- 1791, July 1. |Outfit.|Salary.| |Postage.|Contin- | Total. --1792, July 1. | | | | |gencies |Dollars. Ordinary, +-------+-------+----------+--------+---------+--------- Mr. Short | 4500. | 4500. | | 68.82 | | 9,068.82 Col. Humphreys | | 4500. | | 171. | | 4,671. Mr. Carmichael | | | | | | 4,512.20 Mr. Dumas | | | | | | 1,528.32 Mr. Morris | 9000. | 1500. | | | |10,500. Mr. Pinckney | 9000. | 1800. | | | |10,800. +-------+-------+----------+--------+---------+--------- |41,080.34 Extraordinary, | Mission to Amsterdam on subject of loans 444.43 | " " Madrid 320. | Dyes for medals as presents to foreign ministers | taking leave, and medals 1586.32 | 2,350.75 ----------+--------- Total |43,431.09
Thomas Jefferson having had the honor at different times heretofore of giving to the President _conjectural_ estimate of expenses of our foreign establishment, has that of now laying before him, in page 1 of the enclosed paper, a statement of the whole amount of the foreign fund from the commencement to the expiration of the act, which will be on the 3d March next, with the _actual_ expenses to the 1st of July last, and the _conjectural_ ones from thence through the remaining eight months, and the balance which will probably remain.
Page 2, shows the probable annual expense of our present establishment, and its excess above the funds allowed, and in another column the _reduced_ establishment necessary and most proper to bring it within the limits of the funds supposing it should be continued.
November 5, 1792.
_Estimate of the funds of $40,000 for foreign intercourse and its application._
1790, July 1, to 1791, July 1, a year's appropriation $40,000 1791, July 1, to 1792, July 1, a year's appropriation 40,000 1792, July 1, to 1793, March 3d, being 8 1-10 months 27,000 ------- $107,000
1790, July 1, to 1791, July 1, actual expenses incurred 21,054,00 1791, July 1, to 1792, July 2, actual expenses incurred 43,431,09 1792, July 1, to 1793, March 3d, the probable } expenses may be about } 26,300,00 Surplus unexpended will be about 16,214,91 ------- $107,000
November 5, 1792.
_Estimate of the ordinary expense of the different diplomatic grades annually._
A Minister Plenipotentiary.
Outfit 1-7 of $9,000. 1,285.71 Salary 9,000. Secretary 1,350. Extras 350. Return 1-7 of $2,250 321.42 --------- $12,307.13
A Resident.
Outfit 1-7 of $4,500. 642.85 Salary 4,500. Extras 350. Returns 1-7 of $1,125 160.71 -------- $5,653.56
Agent.
Salary 1,300 Extras 350 -------- $1,650
Medals to foreign ministers, suppose 5 to be kept here and changed once in 7 years, will be about $654.06 annually.
To Support the present establishment, would require
For Paris, Minister Plenipot'y $12,307.13 London 12,307.13 Madrid, Resident 5,653.56 Lisbon 5,653.56 Hague 5,653.56 Medals to foreign ministers 654.06 ---------- $42,229.54
A reduction of the establishment to bring it within the limits of $40,000
For Paris, Minister Plenipot'y $12,307.13 London 12,307.13 Madrid, a Resident 5,653.56 Lisbon 5,653.56 Hague, an Agent 1,650. Medals to ministers 654.06 Surplus 1,774.02 ---------- $40,000.00
November 5, 1792.
Gentlemen of the Senate,--According to the directions of the law, I now lay before you a statement of the administration of the funds appropriated to certain foreign purposes, together with a letter from the Secretary of State, explaining the same.
November 5, 1792.
TO THE MAYOR, MUNICIPAL OFFICERS AND PROCUREUR OF THE COMMUNITY OF MARSEILLES.
Philadelphia, November 6, 1792.
Gentlemen,--Your letter of the 24th of August, is just now received by the President of the United States, and I have it in charge from him to communicate to you the particular satisfaction he feels at the expressions of fraternity towards our nation therein contained, to assure you that he desires sincerely the most speedy relief to France from her general difficulties, and will be happy to be instrumental in removing the special ones of the city of Marseilles in particular, by encouraging supplies of wheat and flour to be sent thither. Our harvest having been plentiful, our merchants would of course feel sufficient inducements, in the assurances you give of a ready sale and good price, were it not for the apprehensions of the Barbary cruisers. Certain arrangements for a Convoy, and the time, place, and manner of getting under its protection, would remove these apprehensions; but it may be doubtful whether these can be notified to them in time to prepare their adventures. They shall certainly, however, be informed of the wants of your city, and the inducements to go to it, and on this, and all other occasions, I beg leave to recommend our commerce to the patronage of your municipality, and to tender to you the homage of those sentiments of respect and attachment, with which I have the honor to be, Gentlemen, your most obedient, and most humble servant.
TO COLONEL HUMPHREYS.
Philadelphia, November 6, 1792.
Dear Sir,--We have never known so long an interval during which there has not been a single vessel going to Lisbon. Hence it is that I am so late in acknowledging the receipt of your letters from No. 54 to 58 inclusive, and that I am obliged to do it by the way of London, and consequently cannot send you the newspapers as usual.
The summer has been chiefly past in endeavoring to bring the north-western Indians to peace, and in preparing for a vigorous operation against them the ensuing summer, if peace should not be made. As yet no symptoms of it appear on their part. In the meantime there is danger of a war being kindled up on our south-western frontiers by the Indians in that quarter, excited, as we have reason to believe, by some Spanish officers. We trust that it has not been with the authority of their government.
To counterbalance these evils, we have had the blessing of another plentiful harvest of the principal grains. Tobacco and Indian corn have suffered from the early frosts. We have very earnest demands for supplies of grain from Marseilles; but the Algerine cruisers are an impediment. Would it be practicable for you, without awaiting a general treaty, to obtain permission for our _flour_ to be carried to Portugal? nothing is more demonstrable than that this restriction is highly injurious to Portugal as well as to us.
Congress assembled yesterday, the President will meet them to-day, and I will enclose you a copy of his speech whereby you will see the chief objects which will be under their consideration during the present session. Your newspapers shall be sent by the very first vessel bound to Lisbon directly. I am, with sentiments of great and sincere esteem, dear Sir, your most obedient, and most humble servant.
P. S. November 7. After writing this letter, your No. 59 came to hand. It seems then that, so far from giving new liberties to our corn trade, Portugal contemplates the prohibition of it, by giving that trade exclusively to Naples. What would she say should we give her wine-trade exclusive to France and Spain. It is well known that far the greatest portion of the wine we consume, is from Portugal and its dependancies, and it must be foreseen that from the natural increase of population in these States, the demand will become equal to the uttermost abilities of Portugal to supply, even when her last foot of land shall be put into culture. Can a wise statesman seriously think of risking such a prospect as this? To me it seems incredible; and if the fact be so, I have no doubt you will interpose your opposition with the minister, developing to him all the consequences which such a measure would have on the happiness of the two nations. He should reflect that nothing but habit has produced in this country a preference of their wines over the superior wines of France, and that if once that habit is interrupted by an absolute prohibition it will never be recovered.
TO GOUVERNEUR MORRIS.
Philadelphia, November 7, 1792.
Dear Sir,--My last to you was of the 15th of October; since which I have received your Nos. 1, 2, 3, 5, 6, 7. Though mine went by a conveyance directly to Bordeaux, and may therefore probably get safe to you, yet I think it proper, lest it should miscarry, to repeat to you the following paragraph from it.
* * * * *
I am perfectly sensible that your situation must, ere this reaches you, have been delicate and difficult; and though the occasion is probably over, and your part taken of necessity, so that instructions now would be too late, yet I think it just to express our sentiments on the subject, as a sanction of what you have probably done. Whenever the scene became personally dangerous to you, it was proper you should leave it, as well from personal as public motives. But what degree of danger should be awaited, to what distance or place you should retire, are circumstances which must rest with your own discretion, it being impossible to prescribe them from hence. With what kind of government you may do business, is another question. It accords with our principles to acknowledge any government to be rightful, which is formed by the will of the nation substantially declared. The late government was of this kind, and was accordingly acknowledged by all the branches of ours. So, any alteration of it which shall be made by the will of the nation substantially declared, will doubtless be acknowledged in like manner. With such a government _every kind_ of business may be done. But there are _some matters_ which, I conceive, might be transacted with a government _de facto_; such, for instance, as the reforming the unfriendly restrictions on our commerce and navigation. Such cases you will readily distinguish as they occur. With respect to this particular reformation of their regulations, we cannot be too pressing for its attainment, as every day's continuance gives it additional firmness, and endangers its taking root in their habits and constitution; and, indeed, I think they should be told, as soon as they are in a condition to act, that if they do not revoke the late innovations, we must lay additional and equivalent burthens on _French ships_, by name. Your conduct in the case of M. de Bonne Carrere, is approved entirely. We think it of great consequence to the friendship of the two nations, to have a minister here in whose dispositions we have confidence. Congress assembled the day before yesterday. I enclose you a paper containing the President's speech, whereby you will see the chief objects of the present session. Your difficulties as to the settlements of our accounts with France and as to the payment of the foreign officers, will have been removed by the letter of the Secretary of the Treasury, of which, for fear it should have miscarried, I now enclose you a duplicate. Should a conveyance for the present letter offer to any port of France directly, your newspapers will accompany it. Otherwise, I shall send it through Mr. Pinckney, and retain the newspapers as usual, for a direct conveyance.
I am, with great and sincere esteem, dear Sir, your most obedient, and most humble servant.
TO COLONEL HUMPHREYS.
Philadelphia, November 8, 1792.
Dear Sir,--You were not unapprised of the reluctance with which I came into my present office, and I came into it with a determination to quit it as soon as decency would permit. Nor was it long before I fixed on the termination of our first federal cycle of four years as the proper moment. That moment is now approaching, and is to me as land was to Columbus in his first American voyage. The object of this private letter is to desire that your future public letters may be addressed to the Secretary of State by title and not by name, until you know who he will be, as otherwise your letters arriving here after the 3d of March, would incur the expense, delay, and risk of travelling six hundred miles by post after their arrival here. I may perhaps take the liberty of sometimes troubling you with a line from my retirement, and shall be ever happy to hear from you, and to give you every proof of the sincere esteem and respect, with which I have the honor to be, dear Sir, your affectionate friend and servant.
P. S. We yesterday received information of the conclusion of peace with the Wabash and Illinois Indians. This forms a broad separation between the northern and southern war-tribes.
TO T. M. RANDOLPH, JR.
Philadelphia, November 16, 1792.
Dear Sir,--Congress have not yet entered into any important business. An attempt has been made to give further extent to the influence of the Executive over the Legislature, by permitting the heads of departments to attend the House and explain their measures _vivâ voce_. But it was negatived by a majority of 35 to 11, which gives us some hope of the increase of the republican vote. However, no trying question enables us yet to judge, nor indeed is there reason to expect from this Congress many instances of conversion, though some will probably have been effected by the expression of the public sentiment in the late election. For, as far as we have heard, the event has been generally in favor of republican, and against the aristocratical candidates. In this State the election has been triumphantly carried by the republicans; their antagonists having got but 2 out of 11 members, and the vote of this State can generally turn the balance. Freneau's paper is getting into Massachusetts, under the patronage of Hancock; and Samuel Adams, and Mr. Ames, the colossus of the monocrats and paper men, will either be left out or hard run. The people of that State are republican; but hitherto they have heard nothing but the hymns and lauds chanted by Fenno. My love to my dear Martha, and am, dear Sir, yours affectionately.
TO M. DE TERNANT.
Philadelphia, November 20, 1792.
Sir,--Your letter on the subject of further supplies to the colony of St. Domingo, has been duly received and considered. When the distresses of that colony first broke forth, we thought we could not better evidence our friendship to that and to the mother country also, than to step in to its relief, on your application, without waiting a formal authorization from the National Assembly. As the case was unforeseen, so it was unprovided for on their part, and we did what we doubted not they would have desired us to do, had there been time to make the application, and what we presumed they would sanction as soon as known to them. We have now been going on more than a twelve-month, in making advances for the relief of the colony, without having, as yet, received any such sanction; for the decree of four millions of livres in aid of the colony, besides the circuitous and informal manner by which we became acquainted with it, describes and applies to operations very different from those which have actually taken place. The wants of the colony appear likely to continue, and their reliance on our supplies to become habitual. We feel every disposition to continue our efforts for administering to those wants; but that cautious attention to forms which would have been unfriendly in the first moment, becomes a duty to ourselves, when the business assumes the appearance of long continuance, and respectful also to the National Assembly itself, who have a right to prescribe the line of an interference so materially interesting to the mother country and the colony.
By the estimate you were pleased to deliver me, we perceive that there will be wanting, to carry the colony through the month of December, between thirty and forty thousand dollars, in addition to the sums before engaged to you. I am authorized to inform you, that the sum of forty thousand dollars shall be paid to your orders at the treasury of the United States, and to assure you, that we feel no abatement in our dispositions to contribute these aids from time to time, as they shall be wanting, for the necessary subsistence of the colony; but the want of express approbation from the national Legislature, must ere long produce a presumption that they contemplate perhaps other modes of relieving the colony, and dictate to us the propriety of doing only what they shall have regularly and previously sanctioned. Their decree before mentioned, contemplates purchases made _in the United States only_. In this they might probably have in view, as well to keep the business of providing supplies under a single direction, as that these supplies should be bought where they can be had cheapest, and where the same sum will consequently effect the greatest measure of relief to the colony. It is our wish as undoubtedly it must be yours, that the moneys we furnish be applied strictly in the line they prescribe. We understand, however, that there are in the hands of our citizens, some bills drawn by the administration of the colony, for articles of subsistence _delivered there_. It seems just, that such of them should be paid as were received before _bona fide_ notice that that mode of supply was not bottomed on the funds furnished to you by the United States, and we recommend them to you accordingly.
I have the honor to be, with sentiments of the most perfect esteem and respect. Sir, your most obedient, and most humble servant.
TO MR. PINCKNEY.
Philadelphia, December 3, 1792.
Dear Sir,--
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I do not write you a public letter by the packet because there is really no subject for it. The elections for Congress have produced a decided majority in favor of the republican interest. They complain, you know, that the influence and patronage of the Executive is to become so great as to govern the Legislature. They endeavored a few days ago to take away one means of influence by condemning references to the heads of department. They failed by a majority of five votes. They were more successful in their endeavor to prevent the introduction of a new means of influence, that of admitting the heads of department to deliberate occasionally in the House in explanation of their measures. The proposition for their admission was rejected by a pretty general vote. I think we may consider the tide of this government as now at the fullest, and that it will, from the commencement of the next session of Congress, retire and subside into the true principles of the Constitution. An alarm has been endeavored to be sounded as if the republican interest was indisposed to the payment of the public debt. Besides the general object of the calumny, it was meant to answer the special one of electioneering. Its falsehood was so notorious that it produced little effect. They endeavored with as little success to conjure up the ghost of anti-federalism, and to have it believed that this and republicanism were the same, and that both were Jacobinism. But those who felt themselves republicans and federalists too, were little moved by this artifice; so that the result of the election has been promising. The occasion of electing a Vice-President has been seized as a proper one for expressing the public sense on the doctrines of the monocrats. There will be a strong vote against Mr. Adams, but the strength of his personal worth and his services will, I think, prevail over the demerit of his political creed.
I am, with great and sincere esteem, my dear Sir, your most obedient, and most humble servant.
TO DR. GILMER.
Philadelphia, December 15, 1792.
Dear Doctor,--I received only two days ago your favor of October 9, by Mr. Everett. He is now under the small-pox. I am rejoiced with the account he gives me of the invigoration of your system, and am anxious for your persevering in any course of regimen which may long preserve you to us. We have just received the glorious news of the Prussian army being obliged to retreat, and hope it will be followed by some proper catastrophe on them. This news has given wry faces to our monocrats here, but sincere joy to the great body of the citizens. It arrived only in the afternoon of yesterday, and the bells were rung and some illuminations took place in the evening. A proposition has been made to Congress to begin sinking the public debt by a tax on pleasure horses; that is to say, on all horses not employed for the draught or farm. It is said there is not a horse of that description eastward of New York. And as to call this a _direct tax_ would oblige them to proportion it among the States according to the census, they choose to class it among the _indirect taxes_. We have a glimmering hope of peace from the northern Indians, but from those of the south there is danger of war. Wheat is at a dollar and a fifth here. Do not sell yours till the market begins to fall. You may lose a penny or two in the bushel then, but might lose a shilling or two now. Present me affectionately to Mrs. Gilmer. Yours, sincerely.
TO MR. MERCER.
Philadelphia, December 19, 1792.
Dear Sir,--I received yesterday your favor of the 13th. I had been waiting two or three days in expectation of vessels said to be in the river, and by which we hope more particular accounts of the late affairs in France. It has turned out that there were no such vessels arriving as had been pretended. However I think we may safely rely that the Duke of Brunswick has retreated, and it is certainly possible enough that between famine, disease, and a country abounding with defiles, he may suffer some considerable catastrophe. The monocrats here still affect to disbelieve all this, while the republicans are rejoicing and taking to themselves the name of Jacobins, which two months ago was fixed on them by way of stigma. The votes for Vice-President, as far as hitherto known, stands thus:
Adams. Clinton.
New Hampshire 6 Massachusetts 16 Rhode Island 4 Connecticut 7 New York 12 Pennsylvania 14 1 Delaware 3 Maryland 8 Virginia 21
Bankrupt bill is brought on with some very threatening features to landed and farming men, who are in danger of being drawn into its vortex. It assumes the right of seizing and selling lands, and so cuts the knotty question of the Constitution whether the General Government may direct the transmission of land by descent or otherwise. The post-office is not within my department, but that of the treasury. I note duly what you say of Mr. Skinner, but I don't believe any bill on weights and measures will be passed. Adieu. Yours, affectionately.
TO MR. RUTHERFORD.
Philadelphia, December 25, 1792.
Sir,--I have considered, with all the attention which the shortness of the time would permit, the two motions which you were pleased to put into my hands yesterday afternoon, on the subject of weights and measures, now under reference to a committee of the Senate, and will take the liberty of making a few observations thereon.
The first, I presume, is intended as a basis for the adoption of that alternative of the report on measures and weights, which proposed retaining the present system, and fixing its several parts by a reference to a rod vibrating seconds, under the circumstances therein explained; and to fulfil its object, I think the resolutions there proposed should be followed by this: "that the standard by which the said measures of length, surface, and capacity shall be fixed, shall be an uniform cylindrical rod of iron, of such length as in latitude forty-five degrees, in the level of the ocean, and in a cellar or other place of uniform natural temperature, shall perform its vibrations in small and equal arcs, in one second of mean time; and that rain water be the substance, to some definite mass of which, the said weights shall be referred." Without this, the committee employed to prepare a bill on those resolutions, would be uninstructed as to the principles by which the Senate mean to fix their measures of length, and the substance by which they will fix their weights.
The second motion is a middle proposition between the first and the last alternatives in the report. It agrees with the first in some of the present measures and weights, and with the last, in compounding and dividing them decimally. If this should be thought best, I take the liberty of proposing the following alterations of these resolutions:
2d. For "metal" substitute "iron." The object is to have one determinate standard. But the different metals having different degrees of expansibility, there would be as many different standards as there are metals, were that generic term to be used. A specific one seems preferable, and "iron" the best, because the least variable by expansion.
3d. I should think it better to omit the chain of 66 feet, because it introduces a series which is not decimal, viz., 1. 66. 80. and because it is absolutely useless. As a measure of length, it is unknown to the mass of our citizens; and if retained for the purpose of superficial measure, the foot will supply its place, and fix the acre as in the fourth resolution.
4th. For the same reason, I propose to omit the words "or shall be ten chains in length and one in breadth."
5th. This resolution would stand better, if it omitted the words "shall be one foot square, and one foot and twenty cents of a foot deep, and," because the second description is perfect, and too plain to need explanation. Or if the first expression be preferred, the second may be omitted, as perfectly tautologous.
6th. I propose to leave out the words "shall be equal to the pound avoirdupois now in use, and," for the reasons suggested in the second resolution, to wit, that our object is, to have one determinate standard. The pound avoirdupois now in use is an indefinite thing. The committee of parliament reported variations among the standard weights of the exchequer. Different persons weighing the cubic foot of water, have made it, some more, and some less than one thousand ounces avoirdupois; according as their weights had been tested by the lighter or heavier standard weights of the exchequer. If the pound now in use be declared a standard, as well as the weight of sixteen thousand cubic cents of a foot in water, it may hereafter perhaps be insisted that these two definitions are different, and that, being of equal authority, either may be used, and so the standard pound be rendered as uncertain as at present.
7th. For the same reason, I propose to omit the words "equal to seven grains troy." The true ratio between the avoirdupois and troy weights, is a very contested one. The equation of seven thousand grains troy to the pound avoirdupois, is only one of several opinions, and is indebted perhaps to its integral form for its prevalence. The introduction either of the troy or avoirdupois weight into the definition of our unit, will throw that unit under the uncertainties now enveloping the troy and avoirdupois weights.
When the House of Representatives were pleased to refer to me the subject of weights and measures, I was uninformed as to the hypothesis on which I was to take it up; to wit, whether on that, that our citizens would not approve of any material change in the present system, or on the other, that they were ripe for a complete reformation. I therefore proposed plans for each alternative. In contemplating these, I had occasion to examine well all the middle ground between the two, and among others which presented themselves to my mind, was the plan of establishing one of the known weights and measures as the unit in each class; to wit, in the measures of lines, of surfaces, and of solids, and in weights, and to compound and divide them decimally. In the measures of weights, I had thought of the ounce as the best unit, because, calling it the thousandth part of a cubic foot of water, it fell into the decimal series, formed a happy link of connection with the system of measures on the one side, and of coins on the other, by admitting an equality with the dollar, without changing the value of that or its alloy materially. But on the whole, I abandoned this middle proposition, on the supposition that if our fellow citizens were ripe for advancing so great a length towards reformation, as to retain only four known points of the very numerous series to which they were habituated, to wit, the foot, the acre, the bushel, and the ounce, abandoning all the multiples and subdivisions of them, or recurring for their value to the tables which would be formed, they would probably be ripe for taking the whole step, giving up these four points also, and making the reformation complete; and the rather, as in the present series and the one to be proposed, there would be so many points of very near approximation, as aided in the same manner by tables, would not increase their difficulties perhaps, indeed, would lessen them by the greater simplicity of the links by which the several members of the system are connected together. Perhaps, however, I was wrong in this supposition. The representatives of the people in Congress are alone competent to judge of the general disposition of the people, and to what precise point of reformation they are ready to go. On this, therefore, I do not presume to give an opinion, nor to pronounce between the comparative expediency of the three propositions; but shall be ready to give whatever aid I can to any of them which shall be adopted by the Legislature.
I have the honor to be, with perfect respect, your most obedient, and most humble servant.
TO MR. PINCKNEY.
Philadelphia, December 30, 1792.
Dear Sir,--My last letters to you have been of the 13th and 20th of November, since which I have received yours of September 19. We are anxious to hear that the person substituted in the place of the one deceased is gone on that business. You do not mention your prospect of finding for the mint the officers we were desirous of procuring. On this subject, I will add to what was before mentioned to you, that if you can get artists _really eminent_, and on the _salaries fixed by the law_, we shall be glad of them; but that experience of the persons we have found here, would induce us to be contented with them rather than to take those who are _not eminent_, or who would expect _more than the legal salaries_. A greater difficulty has been experienced in procuring copper for the mint than we expected. Mr. Rittenhouse, the Director, having been advised that it might be had on advantageous terms from Sweden, has written me a letter on that subject, a copy of which I enclose you, with the bill of exchange it covered. I should not have troubled you with them, had our resident in Holland been in place. But on account of his absence, I am obliged to ask the favor of you to take such measures as your situation will admit, for procuring such a quantity of copper, to be brought us from Sweden, as this bill will enable you. It is presumed that the commercial relations of London with every part of Europe will furnish ready means of executing this commission. We as yet get no answer from Mr. Hammond on the general subject of the execution of the treaty. He says he is waiting for instructions. It would be well to urge, in your conversations with the minister, the necessity of giving Mr. Hammond such instructions and latitude as will enable him to proceed of himself. If on every move we are to await new instructions from the other side the Atlantic, it will be a long business indeed. You express a wish in your letter to be generally advised as to the tenor of your conduct, in consequence of the late revolution in France, the questions relative to which, you observe, incidentally present themselves to you. It is impossible to foresee the particular circumstances which may require you to decide and act on that question. But, principles being understood, their application will be less embarrassing. We certainly cannot deny to other nations that principle whereon our government is founded, that every nation has a right to govern itself internally under what forms it pleases, and to change these forms at its own will; and externally to transact business with other nations through whatever organ it chooses, whether that be a King, Convention, Assembly, Committee, President, or whatever it be. The only thing essential is, the will of the nation. Taking this as your polar star, you can hardly err. I shall send you by the first vessel which sails (the packet excepted on account of postage) two dozen plans of the city of Washington in the Federal Government, which you are desired to display, not for sale, but for public inspection, wherever they may be most seen by those descriptions of people worthy and likely to be attracted to it, dividing the plans among the cities of London and Edinburgh chiefly, but sending some also to Glasgow, Bristol, Dublin, &c. Mr. Taylor tells me he sends you the public papers by every vessel going from hence to London. They will keep you informed of the proceedings of Congress, and other occurrences worthy your knowledge. I have the honor to be, with great and sincere esteem, dear Sir, your most obedient, and most humble servant.
P. S. Though I have mentioned Sweden as the _most likely_ place to get copper from, on the best terms, yet if you can be satisfied it may be got on better terms elsewhere, it is left to your discretion to get it elsewhere.
TO MR. SHORT.
Philadelphia, January 3, 1793.
Dear Sir,--My last private letter to you was of October 16, since which I have received your Nos. 103, 107, 108, 109, 110, 112, 113 and 114 and yesterday your private one of September 15, came to hand. The tone of your letters had for some time given me pain, on account of the extreme warmth with which they censured the proceedings of the Jacobins of France. I considered that sect as the same with the Republican patriots, and the Feuillants as the Monarchical patriots, well known in the early part of the Revolution, and but little distant in their views, both having in object the establishment of a free constitution, differing only on the question whether their chief Executive should be hereditary or not. The Jacobins (as since called) yielded to the Feuillants, and tried the experiment of retaining their hereditary Executive. The experiment failed completely, and would have brought on the re-establishment of despotism had it been pursued. The Jacobins knew this, and that the expunging that office was of absolute necessity. And the nation was with them in opinion, for however they might have been formerly for the constitution framed by the first assembly, they were come over from their hope in it, and were now generally Jacobins. In the struggle which was necessary, many guilty persons fell without the forms of trial, and with them some innocent. These I deplore as much as any body, and shall deplore some of them to the day of my death. But I deplore them as I should have done had they fallen in battle. It was necessary to use the arm of the people, a machine not quite so blind as balls and bombs, but blind to a certain degree. A few of their cordial friends met at their hands the fate of enemies. But time and truth will rescue and embalm their memories, while their posterity will be enjoying that very liberty for which they would never have hesitated to offer up their lives. The liberty of the whole earth was depending on the issue of the contest, and was ever such a prize won with so little innocent blood? My own affections have been deeply wounded by some of the martyrs to this cause, but rather than it should have failed I would have seen half the earth desolated; were there but an Adam and an Eve left in every country, and left free, it would be better than as it now is. I have expressed to you my sentiments, because they are really those of ninety-nine in an hundred of our citizens. The universal feasts, and rejoicings which have lately been had on account of the successes of the French, showed the genuine effusions of their hearts. You have been wounded by the sufferings of your friends, and have by this circumstance been hurried into a temper of mind which would be extremely disrelished if known to your countrymen. The rescue of 224.68.1460.916.83. had never permitted me to discover the light in which he viewed it, and as I was more anxious that you should satisfy him than me, I had still avoided explanations with you on the subject. But your 113. induced him to break silence, and to notice the extreme acrimony of your expressions. He added that he had been informed the sentiments you expressed _in your conversations_ were equally offensive to our allies, and that you should consider yourself as the representative of your country, and that what you say might be imputed to your constituents. He desired me therefore to write to you on this subject. He added that he considered 729.633.224.939.1243. 1210.741.1683.1460.216.1407.890.1416.1212.674.125.633.1450. 1559.182. there are in the United States some characters of opposite principles; some of them are high in office, others possessing great wealth, and all of them hostile to France, and fondly looking to England as the staff of their hope. These I named to you on a former occasion. Their prospects have certainly not brightened. Excepting them, this country is entirely republican, friends to the Constitution, anxious to preserve it, and to have it administered according to its own republican principles. The little party above mentioned have espoused it only as a stepping-stone to monarchy, and have endeavored to approximate it to that in its administration in order to render its final transition more easy. The successes of republicanism in France have given the coup de grace to their prospects, and I hope to their projects. I have developed to you faithfully the sentiments of your country, that you may govern yourself accordingly. I know your republicanism to be pure, and that it is no decay of that which has embittered you against its votaries in France, but too great a sensibility at the partial evil which its object has been accomplished there. I have written to you in the style to which I have been always accustomed with you, and which perhaps it is time I should lay aside. But while old men are sensible enough of their own advance in years, they do not sufficiently recollect it in those whom they have seen young. In writing, too, the last private letter which will probably be written under present circumstances, in contemplating that your correspondence will shortly be turned over to I know not whom, but certainly to some one not in the habit of considering your interests with the same fostering anxieties I do, I have presented things without reserve, satisfied you will ascribe what I have said to its true motive, use it for your own best interest, and in that fulfil completely what I had in view. With respect to the subject of your letter of Sept. 15, you will be sensible that many considerations would prevent my undertaking the reformation of a system with which I am so soon to take leave. It is but common decency to leave to my successor the moulding of his own business. Not knowing how otherwise to convey this letter to you with certainty, I shall appeal to the friendship and honor of the Spanish commissioners here, to give it the protection of their cover, as a letter of private nature altogether. We have no remarkable event here lately but the death of Dr. Lee, nor have I anything new to communicate to you of your friends or affairs. I am, with unalterable affection and wishes for your prosperity, my dear Sir, your sincere friend and servant.
TO MR. RANDOLPH.
Philadelphia, January 7, 1793.
Dear Sir,--Our news from France continues to be good, and to promise a continuance; the event of the revolution there is now little doubted of, even by its enemies, the sensations it has produced here, and the indications of them in the public papers, have shown that the form our own government was to take depended much more on the events of France than anybody had before imagined. The tide which after our former relaxed government, took a violent course towards the opposite extreme, and seemed ready to hang everything round with the tassels and baubles of monarchy, is now getting track as we hope to a just mean, a government of laws addressed to the reason of the people and not to their weaknesses. The daily papers show it more than those you receive. An attempt in the House of Representatives to stop the recruiting service has been rejected. Indeed, the conferences for peace, agreed to by the Indians, do not promise much, as we have reason to believe they will insist on taking back lands purchased at former treaties. Maria is well; we hope all are so at Monticello. My best love to my dear Martha, and am, most affectionately, dear Sir, yours, &c.
TO MR. GALLATIN.
Philadelphia, January 25, 1793.
Sir,--Mr. Segaux called on me this morning to ask a statement of the experiment which was made in Virginia by a Mr. Mazzie, for the raising vines and making wines, and desired I would address it to you. Mr. Mazzie was an Italian, and brought over with him about a dozen laborers of his own country, bound to serve him four or five years. We made up a subscription for him of £2,000 sterling, and he began his experiment on a piece of land adjoining to mine. His intention was, before the time of his people should expire, to import more from Italy. He planted a considerable vineyard, and attended to it with great diligence for three years. The war then came on, the time of his people soon expired, some of them enlisted, others chose to settle on other lands and labor for themselves; some were taken away by the gentlemen of the country for gardeners, so that there did not remain a single one with him, and the interruption of navigation prevented his importing others. In this state of things he was himself employed by the State of Virginia to go to Europe as their agent to do some particular business. He rented his place to General Riedesel, whose horses in one week destroyed the whole labor of three or four years; and thus ended an experiment which, from every appearance, would in a year or two more have established the practicability of that branch of culture in America. This is the sum of the experiment as exactly as I am able to state it from memory, after such an interval of time, and I consign it to you in whose hands I know it will be applied with candor, if it contains anything applicable to the case for which it has been asked.
I have the honor to be, with great esteem and respect, Sir, your most obedient, and most humble servant.
TO MRS. RANDOLPH.
Philadelphia, January 26, 1793.
My Dear Martha,--
* * * * *
I have for some time past been under an agitation of mind which I scarcely ever experienced before, produced by a check on my purpose of returning home at the close of this session of Congress. My operations at Monticello had been all made to bear upon that point of time, my mind was fixed on it with a fondness which was extreme, the purpose firmly declared to the President, when I became assailed from all quarters with a variety of objections. Among these it was urged that my return just when I had been attacked in the public papers, would injure me in the eyes of the public, who would suppose I either withdrew from investigation, or because I had not tone of mind sufficient to meet slander. The only reward I ever wished on my retirement was to carry with me nothing like a disapprobation of the public. These representations have, for some weeks past, shaken a determination which I had thought the whole world could not have shaken. I have not yet finally made up my mind on the subject, nor changed my declaration to the President. But having perfect reliance in the disinterested friendship of some of those who have counseled and urged it strongly; believing that they can see and judge better a question between the public and myself than I can, I feel a possibility that I may be detained here into the summer. A few days will decide. In the meantime I have permitted my house to be rented after the middle of March, have sold such of my furniture as would not suit Monticello, and am packing up the rest and storing it ready to be shipped off to Richmond as soon as the season of good sea weather comes on. A circumstance which weighs on me next to the weightiest is the trouble which, I foresee, I shall be constrained to ask Mr. Randolph to undertake. Having taken from other pursuits a number of hands to execute several purposes which I had in view this year, I cannot abandon those purposes and lose their labor altogether. I must, therefore, select the most important and least troublesome of them, the execution of my canal, and (without embarrassing him with any details which Clarkson and George are equal to) get him to tell them always what is to be done and how, and to attend to the levelling the bottom; but on this I shall write him particularly if I defer my departure. I have not received the letter which Mr. Carr wrote to me from Richmond, nor any other from him since I left Monticello. My best affections to him, Mr. Randolph and your fireside, and am, with sincere love, my dear Martha, yours.
TO DR. STEWART, OR TO ALL THE GENTLEMEN.
January 31, 1793.
I have had under consideration Mr. Hallet's plans for the capitol, which undoubtedly have a great deal of merit. Doctor Thornton has also given me a view of his. These last came forward under some very advantageous circumstances. The grandeur, simplicity and beauty of the exterior, the propriety with which the apartments are distributed, and economy in the mass of the whole structure, will, I doubt not, give it a preference in your eyes, as it has done in mine and those of several others whom I have consulted. I have, therefore, thought it better to give the Doctor time to finish his plan, and for this purpose to delay until your next meeting a final decision. Some difficulty arises with respect to Mr. Hallet, who you know was in some degree led into his plan by ideas we all expressed to him. This ought not to induce us to prefer it to a better; but while he is liberally rewarded for the time and labor he has expended on it, his feelings should be saved and soothed as much as possible. I leave it to yourselves how best to prepare him for the possibility that the Doctor's plan may be preferred to his. Some ground for this will be furnished you by the occasion you will have for recourse to him as to the interior of the apartments, and the taking of him into service at a fixed allowance; and I understand that his necessities render it material that he should know what his allowance is to be.
TO MR. CARROLL.
Philadelphia, February 1, 1793.
Dear Sir,--Doctor Thornton's plan of a capitol has been produced, and has so captivated the eyes and judgment of all as to leave no doubt you will prefer it when it shall be exhibited to you; as no doubt exists here of its preference over all which have been produced, and among its admirers no one is more decided than him whose decision is most important. It is simple, noble, beautiful, excellently distributed, and moderate in size. The purpose of this letter is to apprize you of this sentiment. A just respect for the right of approbation in the commissioners will prevent any formal decision in the President till the plan shall be laid before you and be approved by you. The Doctor will go with it to your meeting in the beginning of March. In the meantime, the interval of _apparent_ doubt may be improved for settling the mind of poor Hallet, whose merit and distresses interest every one for his tranquillity and pecuniary relief. I have taken the liberty of making these private estimates, thinking you would wish to know the true state of the sentiments here on this subject, and am with sincere respect and esteem for your colleagues and yourself, dear Sir, your most obedient humble servant.
_Circular to the ministers of France, the United Netherlands, Great Britain, &c._ Philadelphia, February 13, 1793.
Sir,--The House of Representatives having referred to me, to report to them the nature and extent of the privileges and restrictions on the commerce of the United States with foreign nations, I have accordingly prepared a report on that subject. Being particularly anxious that it may be exact in matters of fact, I take the liberty of putting into your hands, _privately and informally_, an extract of such as relate to our commerce with your nation, in hopes that if you can either enlarge or correct them, you will do me that favor. It is safer to suppress an error in its first conception, than to trust to any after-correction; and a confidence in your sincere desire to communicate or to re-establish any truths which may contribute to a perfect understanding between our two nations, has induced me to make the present request. I wish it had been in my power to have done this sooner, and thereby have obtained the benefit of your having more time to contemplate it; but circumstances have retarded the entire completion of the report till the Congress is approaching its end, which will oblige me to give it in within three or four days.
I am, with great and sincere esteem, Sir, your most obedient, and most humble servant.
P. S. The report having been prepared before the late diminution of the duties on our tobacco, that circumstance will be noted in the letter which will cover that report.
_France_ receives favorably our bread stuff, rice, wood, pot and pearl ashes.
A duty of five sous the quintal, or nearly four and a half cents, is paid on our tar, pitch and turpentine. Our whale oils pay six livres the quintal, and are the only whale oils admitted. Our indigo pays five livres the quintal, their own two and a half; but a difference of quality, still more than a difference of duty, prevents its seeking that market.
Salted beef is received freely for re-exportation; but if for home consumption, it pays five livres the quintal. Other salted provisions pay that duty in all cases, and salted fish is made lately to pay the prohibitory one, of twenty livres the quintal.
Our ships are free to carry thither all foreign goods, which may be carried in their own or any other vessels, except tobaccos not of our own growth; and they participate with theirs, the exclusive carriage of our whale oils.
During their former government, our tobacco was under a monopoly, but paid no duties; and our ships were freely sold in their ports and converted into national bottoms. The first National Assembly took from our ships this privilege. They emancipated tobacco from its monopoly, but subjected it to duties of eighteen livres fifteen sous the quintal, carried in their own vessels, and twenty five livres, carried in ours; a difference more than equal to the freight of the article.
They and their colonies consume what they receive from us.
France, by a standing law, permits her West India possessions to receive directly our vegetables, live provisions, horses, wood, tar, pitch, and turpentine, rice and maize, and prohibits our other bread stuff; but a suspension of this prohibition having been left to the colonial legislature, in times of scarcity, it was formerly suspended occasionally, but latterly without interruption.
Our fish and salted provisions (except pork) are received in their islands, under a duty of three colonial livres the quintal, and our vessels are as free as their own to carry our commodities thither, and to bring away rum and molasses.
The _United Netherlands_ prohibit our pickled beef and pork, meals, and bread of all sorts, and lay a prohibitory duty on spirits distilled from grain.
All other of our productions are received on varied duties, which may be reckoned, on a medium, at about three per cent.
They consume but a small proportion of what they receive. The residue is partly forwarded for consumption in the inland parts of Europe, and partly re-shipped to other maritime countries. On the latter portion, they intercept between us and the consumer, so much of the real value as is absorbed by the charges attending an intermediate deposit.
Foreign goods, except some East India articles, are received in the vessels of any nation.
Our ships may be sold and naturalized there, with exceptions of one or two privileges, which scarcely lessen their value.
In the American possessions of the United Netherlands, and Sweden, our vessels and produce are received, subject to duties, not so heavy as to have been complained of.
_Great Britain_ receives our pot and pearl ashes free, while those of other nations pay a duty of two shillings and three pence the quintal. There is an equal distinction in favor of our bar iron, of which article, however, we do not produce enough for our own use. Woods are free from us, whilst they pay some small duty from other countries. Indigo and flaxseed are free from all countries. Our tar and pitch pay eleven pence sterling the barrel. From other alien countries they pay about a penny and a third more.
Our tobacco, for their own consumption, pays one shilling three pence sterling the pound, custom and excise, besides heavy expenses of collection; and rice, in the same case, pays seven shillings four pence sterling the hundred weight, which rendering it too dear as an article of common food, it is consequently used in very small quantity.
Our salted fish, and other salted provisions, except bacon, are prohibited. Bacon and whale oils are under prohibitory duties: so are our grains, meals and bread, as to internal consumption, unless in times of such scarcity as may raise the price of wheat to fifty shillings sterling the quarter, and other grains and meals in proportion.
Our ships, though purchased and navigated by their own subjects, are not permitted to be used, even in their trade with us.
While the vessels of other nations are secured by standing laws, which cannot be altered but by the concurrent will of the three branches of the British Legislature, in carrying thither any produce or manufacture of the country to which they belong, which may be lawfully carried in any vessels, ours, with the same prohibition of what is foreign, are further prohibited by a standing law (12. Car. 2. c. 18, s. 3,) from carrying thither all and any of our domestic productions and manufactures. A subsequent act, indeed, has authorized their executive to permit the carriage of our own productions in our own bottoms, at its sole discretion; and the permission has been given from year to year, by proclamation; but subject every moment to be withdrawn on that single will, in which event, our vessels having anything on board, stand interdicted from the entry of all British ports. The disadvantage of a tenure which may be so suddenly discontinued, was experienced by our merchants on a late occasion, when an official notification that this law would be strictly enforced, gave them just apprehensions for the fate of their vessels and cargoes despatched or destined to the ports of Great Britain. It was privately believed, indeed, that the order of that court went further than their intention, and so we were, afterwards, officially informed; but the embarrassments of the moment were real and great, and the possibility of their renewal lays our commerce to that country under the same species of discouragement, as to other countries where it is regulated by a single legislator; and the distinction is too remarkable not to be noticed, that our navigation is excluded from the security of fixed laws, while that security is given to the navigation of others.
Our vessels pay in their ports one shilling nine pence sterling per ton, light and tritrity dues, more than is paid by British ships, except in the port of London, where they pay the same as British.
The greater part of what they receive from us, is re-exported to other countries, under the useless charges of an intermediate deposit and double voyage.
From tables published in England, and composed, as is said, from the books of their Custom Houses, it appears, that of the indigo imported there in the years 1773-4-5, one third was re-exported; and from a document of authority, we learn that of the rice and tobacco imported there before the war, four-fifths were re-exported. We are assured, indeed, that the quantities sent thither for re-exportation since the war, are considerably diminished; yet less so than reason and national interest would dictate. The whole of our grain is re-exported, when wheat is below fifty shillings the quarter, and other grains in proportion.
Great Britain admits in her islands our vegetables, live provisions, horses, wood, tar, pitch and turpentine, rice and bread stuff, by a proclamation of her executive, limited always to the term of a year, but hitherto renewed from year to year. She prohibits our salted fish and other salted provisions. She does not permit our vessels to carry thither our own produce. Her vessels alone may take it from us, and bring in exchange, rum, molasses, sugar, coffee, cocoa nuts, ginger and pimento. There are, indeed, some freedoms in the island of Dominica, but under such circumstances as to be little used by us. In the British continental colonies, and in Newfoundland, all our productions are prohibited, and our vessels forbidden to enter their ports. Their Governors, however, in times of distress, have power to permit a temporary importation of certain articles in their own bottoms, but not in ours.
Our citizens cannot reside as merchants or factors within any of the British plantations, this being expressly prohibited by the same statute of 12 Car. 2, c. 18, commonly called their navigation act.
Of our commercial objects, _Spain_ receives favorably our bread stuff, salted fish, wood, ships, tar, pitch, and turpentine. On our meals, however, when re-exported to their colonies, they have lately imposed duties of from half a dollar to two dollars the barrel, the duties being so proportioned to the current price of their own flour, as that both together are to make the constant sum of nine dollars per barrel.
They do not discourage our rice, pot and pearl ash, salted provisions, or whale oil; but these articles being in small demand at their markets, are carried thither but in a small degree. Their demand for rice, however, is increasing. Neither tobacco nor indigo are received there.
Themselves and their colonies are the actual consumers of what they receive from us.
Our navigation is free with the kingdom of Spain, foreign goods being received there in our ships on the same conditions as if carried in their own, or in the vessels of the country of which such goods are the manufacture or produce.
_Spain_ and _Portugal_ refuse to those parts of America which they govern, all direct intercourse with any people but themselves. The commodities in mutual demand between them and their neighbors, must be carried to be exchanged in some part of the dominant country, and the transportation between that and the subject State, must be in a domestic bottom.
TO MR. HAMMOND.
Philadelphia, February 16, 1793.
Sir,--I have duly received your letter of yesterday, with the statement of the duties payable on articles imported into Great Britain. The object of the report, from which I had communicated some extracts to you, not requiring a minute detail of the several duties on every article, in every country, I had presented both articles and duties in groups, and in general terms, conveying information sufficiently accurate for the object. And I have the satisfaction to find, on re-examining the expression in the report, that they correspond with your statement as nearly as generals can with particulars. The differences which any nation makes between our commodities and those of other countries, whether favorable or unfavorable to us, were proper to be noted. But they were subordinate to the more important questions, what countries _consume_ most of our produce, exact the lightest duties, and leave to us the most favorable balance?
You seem to think that in the mention made of your _official_ communication of April the 11th, 1792, that the clause in the navigation act (prohibiting our own produce to be carried in our own vessels into the British European dominions) would be strictly enforced in future, and the _private belief_ expressed at the same time, that the intention of that court did not go so far, that the latter terms are not sufficiently accurate. About the fact it is impossible we should differ, because it is a written one. The only difference then, must be a merely verbal one. For thus stands the fact: In your letter of April the 11th, you say, you have received, by a circular despatch from your court, directions to inform this government that it had been determined in future strictly to enforce this clause of the navigation act. This I considered as an _official_ notification. In your answer of April the 12th to my request of explanation, you say, "In answer to your letter of this day, I have the honor of observing, that I have no other instructions upon the subject of my communication, than such as are contained in the circular despatch, of which I stated the purport in my letter dated yesterday. I have, however, no difficulty in assuring you, that the result of my _personal conviction_ is, that the determination of his Majesty's government to enforce the clause of the act, &c., is not intended to militate against the proclamation," &c. This _personal conviction_ is expressed in the report as a _private belief_, in contradistinction to the _official_ declaration. In your letter of yesterday, you choose to call it "a formal assurance of your conviction." As I am not scrupulous about words when they are once explained, I feel no difficulty in substituting in your report your own words, "_personal conviction_," for those of "_private belief_," which I had thought equivalent. I cannot indeed insert that it was a _formal_ assurance, lest some readers might confound this with an _official_ one, without reflecting that you could not mean to give _official_ assurance that the clause would be enforced, and _official_ assurance, at the same time, of your personal conviction that it would not be enforced.
I had the honor to acknowledge verbally the receipt of your letter of the 3d of August, when you did me that of making the inquiry verbally about six weeks ago; and I beg leave to assure you, that I am, with due respect, Sir, your most obedient, and most humble servant.
TO M. DE TERNANT.
Philadelphia, February 17, 1793.
Sir,--I have duly received your letter of yesterday, and am sensible of your favor in furnishing me with your observations on the statement of the commerce between our two nations, of which I shall avail myself for the good of both. The omission of our participation with your vessels, in the exclusive transportation of our tobacco, was merely that of the copy, as it was expressed in the original draught where the same circumstance respecting our whale oil was noted; and I am happy that your notice of it has enabled me to reinstate it before the report goes out of my hand.
I must candidly acknowledge to you, that I do not foresee the same effect in favor of our navigation, from the late reduction of duties on our tobaccos in France, which you seem to expect. The difference in favor of French vessels is still so great, as, in my opinion, to make it their interest to quit all other branches of the carrying business, to take up this; and as your stock of shipping is not adequate to the carriage of all your exports, the branches which you abandon will be taken up by other nations; so that this difference thrusts us out of the tobacco carriage, to let other nations in to the carriage of other branches of your commerce. I must therefore avail myself of this occasion to express my hope, that your nation will again revise this subject, and place it on more equal grounds. I am happy in concurring with you more perfectly in another sentiment, that as the principles of our governments become more congenial, the links of affection are multiplied between us. It is impossible they should multiply beyond our wishes. Of the sincere interest we take in the happiness and prosperity of your nation, you have had the most unequivocal proofs.
I pray you to accept assurances of sincere attachment to you personally, and of the sentiments of respect and esteem with which I am, Sir, your most obedient, and most humble servant.
TO M. DE TERNANT.
Philadelphia, February 20, 1793.
Sir,--I have laid before the President of the United States your notification of the 17th instant, in the name of the Provisory Executive Council charged with the administration of your government, that the French nation has constituted itself into a Republic. The President receives with great satisfaction this attention of the Executive Council, and the desire they have manifested of making known to us the resolution entered into by the National Convention, even before a definitive regulation of their new establishment could take place. Be assured, Sir, that the government and the citizens of the United States, view with the most sincere pleasure every advance of your nation towards its happiness, an object essentially connected with its liberty, and they consider the union of principles and pursuits between our two countries, as a link which binds still closer their interests and affections. We earnestly wish on our part that these our natural dispositions may be improved to mutual good, by establishing our commercial intercourse on principles as friendly to natural right and freedom, as are those of our governments.
I am, with sincere esteem and respect, Sir, your most obedient, and most humble servant.
TO THE SPEAKER OF THE HOUSE OF REPRESENTATIVES.
Philadelphia, February 20, 1793.
Sir,--The House of Representatives, about the close of the session before the last, referred to me the report of a committee on a message from the President of the United States, of the 14th of February, 1791, with directions to report to Congress the nature and extent of the privileges and restrictions of the commercial intercourse of the United States with foreign nations, and measures for its improvement. The report was accordingly prepared during the ensuing recess, ready to be delivered at the next session, that is to say, at the last. It was thought possible at that time, however, that some changes might take place in the existing state of things, which might call for corresponding changes in measures. I took the liberty of mentioning this in a letter to the Speaker of the House of Representatives, to express an opinion that a suspension of proceedings thereon, for a time, might be expedient, and to propose retaining the report till the present session, unless the House should be pleased to signify their pleasure to the contrary. The changes then contemplated have not taken place, nor, after waiting as long as the term of the session will admit, in order to learn something further on the subject, can anything definite thereon be now said. If, therefore, the House wishes to proceed on the subject, the report shall be delivered at a moment's warning. Should they not choose to take it up till their next session, it will be an advantage to be permitted to keep it by me till then, as some further particulars may perhaps be procured relative to certain parts of our commerce, of which precise information is difficult to obtain. I make this suggestion, however, with the most perfect deference to their will, the first intimation of which shall be obeyed on my part, so as to occasion them no delay.
I have the honor to be, with sentiments of the most perfect esteem and respect, Sir, your most obedient, and most humble servant.
TO THE MINISTER OF FRANCE.
Philadelphia, February 23, 1793.
Sir,--I have laid before the President of the United States your notification of the 17th instant, in the name of the Provisory Executive Council, charged with the administration of your Government, that the French nation has constituted itself into a Republic. The President receives, with great satisfaction, this attention of the Executive Council and the desire they have manifested of making known to us the resolution entered into by the National Convention, even before a definitive regulation of their new establishment could take place. Be assured, Sir, that the Government and the citizens of the United States view with the most sincere pleasure every advance of your nation towards its happiness, an object essentially connected with its liberty, and they consider the union of principles and pursuits between our two countries as a link which binds still closer their interests and affections. [The genuine and general effusions of joy which you saw overspread our country on their seeing the liberties of yours rise superior to foreign invasion and domestic trouble, have proved to you that our sympathies are great and sincere, and] we earnestly wish on our part that these, our mutual dispositions, may be improved to mutual good, by establishing our commercial intercourse on principles as friendly to natural right and freedom as are those of our Government. I am, with sincere esteem and respect, Sir, your most obedient, and most humble servant.
TO J. MADISON.
March, 1793.
The idea seems to gain credit that the naval powers combining against France, will prohibit supplies, even of provisions, to that country. Should this be formally notified, I should suppose Congress would be called, because it is a justifiable cause of war, and as the Executive cannot decide the question of war on the affirmative side, neither ought it to do so on the negative side, by preventing the competent body from deliberating on the question. But I should hope that war would not be their choice. I think it will furnish us a happy opportunity of setting another precious example to the world, by showing that nations may be brought to do justice by appeals to their interests as well as by appeals to arms. I should hope that Congress, instead of a denunciation of war, would instantly exclude from our ports all the manufactures, produce, vessels and subjects of the nations committing this aggression, during the continuance of the aggression, and till full satisfaction made for it. This would work well in many ways, safely in all, and introduce between nations another umpire than arms. It would relieve us, too, from the risks and the horrors of cutting throats. The death of the King of France has not produced as open condemnations from the monocrats as I expected. I dined the other day in a company where the subject was discussed. I will name the company in the order in which they manifested their partialities; beginning with the warmest Jacobinism, and proceeding by shades, to the most heart felt aristocracy. Smith, (N. Y.,) Coxe, Stewart, T. Shippen, Bingham, Peters, Breck, Meredith, Wolcott. It is certain that the ladies of this city, of the first circle, are open-mouthed against the murderers of a sovereign, and they generally speak those sentiments which the more cautious husband smothers. Ternant has at length openly hoisted the flag of monarchy by going into deep mourning for his prince. I suspect he thinks a cessation of his visits to me a necessary accompaniment to this pious duty. A connection between him and Hamilton seems to be springing up. On observing that Duer was Secretary to the old Board of Treasury, I suspect him to have been the person who suggested to Hamilton the letter of mine to that board, which he so tortured in his Catullus. Dunlop has refused to print the piece which we had heard of before your departure, and it has been several days in Bache's hands, without any notice of it. The President will leave this about the 27th instant, and return about the 20th of April. Adieu.
TO MAJOR GENERAL GATES.
Philadelphia, March 12, 1793.
Dear General,--During the invasion of Virginia in 1780 and 178--, nearly the whole of the public records of that State were destroyed by the British. The least valuable part of these happens to be the most interesting to me, I mean the letters I had occasion to write to the characters with whom my office in the Executive brought me into correspondence. I am endeavoring to recover copies of my letters from the hands to whom they were addressed, and have been happy to find this more practicable than I had apprehended. While you commanded in the south, I had occasion to write to you sometimes on the subject of our proceedings. If you happen to have preserved these letters, you will particularly oblige me by trusting me with them till I can have them copied, when the originals shall be returned. If you could repose the same confidence in me as to the letters you addressed to me, it would increase the obligation. The whole shall be sacredly returned. I have been the more disposed to trouble you on this occasion as it furnishes me a pretext of recalling myself to your recollection, and an opportunity of expressing to you assurances of the sincere esteem and respect with which I have the honor to be, dear General, your sincere friend and servant.
TO GOUVERNEUR MORRIS.
Philadelphia, March 12, 1793.
Dear Sir,--Your Nos. 8 to 13, inclusive, have been duly received. I am sensible that your situation must have been difficult during the transition from the late form of government to the re-establishment of some other legitimate authority, and that you may have been at a loss to determine with whom business might be done. Nevertheless, when principles are well understood, their application is less embarrassing. We surely cannot deny to any nation that right whereon our own government is founded, that every one may govern itself according to whatever form it pleases, and change these forms at its own will; and that it may transact its business with foreign nations through whatever organ it thinks proper, whether King, Convention, Assembly, Committee, President, or anything else it may choose. The will of the nation is the only thing essential to be regarded. On the dissolution of the late constitution in France, by removing so integral a part of it as the King, the National Assembly, to whom a part only of the public authority had been delegated, appear to have considered themselves as incompetent to transact the affairs of the nation legitimately. They invited their fellow-citizens, therefore, to appoint a National Convention. In conformity with this their idea of the defective state of the national authority, you were desired from hence to suspend further payments of our debt to France till new orders, with an assurance, however, to the acting power, that the suspension should not be continued a moment longer than should be necessary for us to see the re-establishment of some person or body of persons authorized to receive payment and give us a good acquittal; (if you should find it necessary to give any assurance or explanation at all.) In the meantime, we went on paying up the four millions of livres which had been destined by the last constituted authorities to the relief of St. Domingo. Before this was completed, we received information that a National Assembly had met, with full powers to transact the affairs of the nation, and soon afterwards, the minister of France here presented an application for three millions of livres, to be laid out in provisions to be sent to France. Urged by the strongest attachment to that country, and thinking it even providential that moneys lent to us in distress could be re-paid under like circumstances, we had no hesitation to comply with the application, and arrangements are accordingly taken, for furnishing this sum at epochs accommodated to the demand and our means of paying it. We suppose this will rather overpay the instalments and interest due on the loans of eighteen, six, and ten millions, to the end of 1792; and we shall certainly use our utmost endeavors to make punctual payments of the instalments and interest hereafter becoming exigible, and to omit no opportunity of convincing that nation how cordially we wish to serve them. Mutual good offices, mutual affection, and similar principles of government, seem to destine the two nations for the most intimate communion; and I cannot too much press it on you, to improve every opportunity which may occur in the changeable scenes which are passing, and to seize them as they occur, for placing our commerce with that nation and its dependencies, on the freest and most encouraging footing possibly.
Besides what we have furnished publicly for the relief of St. Domingo, individual merchants of the United States have carried considerable supplies thither, which have been sometimes purchased, sometimes taken by force, and bills given by the administration of the colony on the minister here, which have been protested for want of funds. We have no doubt that justice will be done to these our citizens, and that without a delay which would be ruinous to them. We wish authority to be given to the minister of France here to pay the just demands of our citizens, out of the moneys he may receive from us.
During the fluctuating state of the _assignats_ of France, I must ask the favor of you to inform me, in every letter, of the rate of exchange between them and coin, this being necessary for the regulation of our Custom Houses.
Congress closed its session on the 2d instant. You will see their acts in the newspapers forwarded to you, and the body of them shall be sent as soon as the octavo edition is printed. We are to hold a treaty with the western Indians in the ensuing month of May, but not under very hopeful auspices.
You will perceive by the newspapers, a remarkable fall in the price of our public paper. This is owing chiefly to the extraordinary demand for the produce of our country, and a temporary scarcity of cash to purchase it. The merchants holding public paper are obliged to part with it at any price, to raise money.
I sent you, by the way of London, a dozen plans of the city of Washington in the federal territory, hoping you would have them displayed to public view where they would be most seen by those descriptions of men worthy and likely to be attracted to it. Paris, Lyons, Rouen, and the sea port towns of Havre, Nantes, Bordeaux and Marseilles, would be proper places to send some of them. I trust to Mr. Taylor to forward you the newspapers by every direct occasion to France. These are rare at all times, and especially in the winter; and to send them through England would cost too much in postage. To these circumstances, as well, probably, as to some miscarriages, you must ascribe the length of intervals sometimes experienced in the receipt of your papers.
I have the honor to be, with great esteem and respect, dear Sir, your most obedient, and most humble servant.
TO GOUVERNEUR MORRIS.
Philadelphia, March 15, 1793.
Dear Sir,--The President has seen with satisfaction, that the ministers of the United States in Europe, while they have avoided an useless commitment of their nation on the subject of the Marquis de La Fayette, have nevertheless shown themselves attentive to his situation. The interest which the President himself, and our citizens in general, take in the welfare of this gentleman, is great and sincere, and will entirely justify all prudent efforts to serve him. I am therefore to desire, that you will avail yourself of every opportunity of sounding the way towards his liberation, of finding out whether those in whose power he is are very tenacious of him, of insinuating through such channels as you shall think suitable, the attentions of the government and people of the United States to this object, and the interest they take in it, and of procuring his liberation by informal solicitations, if possible. But if formal ones be necessary, and the moment should arrive when you shall find that they will be effectual, you are authorized to signify, through such channel as you shall find suitable, that our government and nation, faithful in their attachments to this gentleman for the services he has rendered them, feel a lively interest in his welfare, and will view his liberation as a mark of consideration and friendship for the United States, and as a new motive for esteem and a reciprocation of kind offices towards the power to whom they shall be indebted for this act.
A like letter being written to Mr. Pinckney, you will of course take care, that however you may act through different channels, there be still a sufficient degree of concert in your proceedings.
I am, with great and sincere esteem, dear Sir, your most obedient, and most humble servant.
TO MR. PINCKNEY.
Philadelphia, March 16, 1793.
Dear Sir,--I wrote you on the 30th of December, and again a short letter on the 1st of January, since which I have received yours of October the 2d and 5th, November 6th and 9th, and December the 13th, 14th, 15th. I now enclose you the Treasurer's second of exchange for twenty-four thousand seven hundred and fifty guilders, to be employed in the purchase of copper for the mint, from Sweden, or wherever else it can be got on the best terms; the first of exchange having been enclosed in my letter of December the 30th.
I am in hopes you will have been able to enter into proper arrangements with the British minister for the protection of our seamen from impressment, before the preparations for war shall have produced inconvenience to them. While he regards so minutely the inconveniences to themselves which may result from a due regulation of this practice, it is just he should regard our inconveniences also, from the want of it. His observations in your letter imply merely, that if they should abstain from injuring us, it might be attended with inconvenience to themselves.
You ask, what should be your conduct, in case you should at any time discover negotiations to be going on, which might eventually be interesting to us? The nature of the particular case will point out what measures, on your part, would be the most for our interest, and to your discretion we must refer the taking such measures, without waiting for instructions, where circumstances would not admit of such a delay. A like necessity to act may arise on other occasions. In the changeable scenes, for instance, which are passing in Europe, were a moment to offer when you could obtain any advantage for our commerce, and especially in the American colonies, you are desired to avail us of it to the best advantage, and not to let the occasion slip by for want of previous instruction.
You ask, what encouragements are given to emigrants by the several States? No other than a permission to become citizens, and to participate of the rights of citizens, except as to eligibility to certain offices in the government. The rules, as to these, are not uniform in the States. I have found it absolutely impracticable to obtain, even for my office, a regular transmission of the laws of the several States: consequently, it would be more so to furnish them to our ministers abroad. You will receive by this or the first proper conveyance, those of Congress, passed at their last session.
It is impossible for me to give any authority for the advance of moneys to Mr. Wilson. Were we to do it in his case, we should, on the same principles, be obliged to do it in several others wherein foreign nations decline or delay doing justice to our citizens. No law of the United States would cover such an act of the executive; and all we can do legally, is, to give him all the aid which our patronage of his claims with the British court, can effect.
With respect to the payment of your allowances, as the laws authorize the payment of a given number of dollars to you, and as your duties place you in London, I suppose we are to pay you _the dollars_ there, or other money of equal value, estimated by the par of the metals. Such has, accordingly, been the practice ever since the close of the war. Your powers to draw on our bankers in Holland, will leave you the master of fixing your drafts by this standard.
The transactions of Europe are now so interesting, that I should be obliged to you, every week, to put the Leyden gazettes of the week under cover to me; and put them into such ship's bags as shall be first coming to any port north of North Carolina.
Mr. Barclay's death is just made known to us, and measures are taking in consequence of it.
You will perceive by the newspapers, a remarkable fall in the price of our public paper. This is owing chiefly to the extraordinary demand for the produce of our country, and a temporary scarcity of cash to purchase it. The merchants holding public paper are obliged to part with it at any price, to raise money.
I am, with much respect, dear Sir, your most obedient, and most humble servant.
TO ----[22] Philadelphia, March 18, 1793.
Dear Sir,--I received your kind favor of the 26th ult., and thank you for its contents as sincerely as if I could engage in what they propose. When I first entered on the stage of public life (now twenty-four years ago), I came to a resolution never to engage while in public office in any kind of enterprise for the improvement of my fortune, nor to wear any other character than that of a farmer. I have never departed from it in a single instance; and I have in multiplied instances found myself happy in being able to decide and to act as a public servant, clear of all interest, in the multiform questions that have arisen, wherein I have seen others embarrassed and biased by having got themselves into a more interested situation. Thus I have thought myself richer in contentment than I should have been with any increase of fortune. Certainly I should have been much wealthier had I remained in that private condition which renders it lawful and even laudable to use proper efforts to better it. However, my public career is now closing, and I will go through on the principle on which I have hitherto acted. But I feel myself under obligations to repeat my thanks for this mark of your attention and friendship.
We have just received here the news of the decapitation of the King of France. Should the present foment in Europe not produce republics everywhere, it will at least soften the monarchical governments by rendering monarchs amenable to punishment like other criminals, and doing away that rages of insolence and oppression, the inviolability of the King's person. We I hope shall adhere to our republican government, and keep it to its original principles by narrowly watching it. I am, with great and sincere affection, dear Sir, your friend and servant.
FOOTNOTE:
[22] [No address.]
TO COLONEL HUMPHREYS.
Philadelphia, March 21, 1793.
Sir,--The death of Admiral Paul Jones first, and afterwards of Mr. Barclay, to whom the mission to Algiers, explained in the enclosed papers, was successively confided, have led the President to desire you to undertake the execution of it in person. These papers, being copies of what had been delivered to them, will serve as your guide. But Mr. Barclay having been also charged with a mission to Morocco, it will be necessary to give you some trouble with respect to that also.
Mr. Nathaniel Cutting, the bearer hereof, is despatched specially, first to receive from Mr. Pinckney in London any papers or information, which his agency in the Algerine business may have enabled him to communicate to you: he will then proceed to deliver the whole to you, and accompany and aid you in the character of secretary.
It is thought necessary that you should, in the first instance, settle Mr. Barclay's accounts respecting the Morocco mission, which will probably render it necessary that you should go to Gibraltar. The communications you have had with Mr. Barclay in this mission, will assist you in your endeavors at a settlement. You know the sum received by Mr. Barclay on that account, and we wish as exact a statement as can be made of the manner in which it has been laid out, and what part of its proceeds is now on hand. You will be pleased to make an inventory of these proceeds now existing. If they or any part of them can be used for the Algerine mission, we would have you by all means apply them to that use, debiting the Algerine fund and crediting that of Morocco with the amount of such application. If they cannot be so used, then dispose of the perishable articles to the best advantage, and if you can sell those not perishable for what they cost, do so, and what you cannot so sell, deposit in any safe place under your own power. In this last stage of the business, return us an exact account, 1. Of the specific articles remaining on hand for that mission, and their value. 2. Of its cash on hand. 3. Of any money which may be due to or from Mr. Barclay or any other person on account of this mission; and take measures for replacing the clear balance of cash in the hands of Messrs. W. and J. Willincks, and Nicholas and Jacob Van Staphorsts and Hubbard.
This matter being settled, you will be pleased to proceed on the mission to Algiers. This you will do by the way of Madrid, if you think any information you can get from Mr. Carmichael or any other, may be an equivalent for the trouble, expense and delay of the journey. If not, proceed in whatever other way you please to Algiers.
Proper powers and credentials for you, addressed to that government, are herewith enclosed. The instructions first given to Admiral Paul Jones are so full that no others need be added, except a qualification in one single article, to wit: should that government finally reject peace on the terms in _money_, to which you are authorized to go, you may offer to make the first payments for peace and that for ransom in _naval stores_, reserving the right to make the subsequent annual payments in money.
You are to be allowed your travelling expenses, your salary as minister resident in Portugal going on. Those expenses must be debited to the Algerine mission, and not carried into your ordinary account as resident. Mr. Cutting is allowed one hundred dollars a month, and his expenses, which, as soon as he joins you, will of course be consolidated with yours. We have made choice of him as particularly qualified to aid, under your direction, in the matters of account, with which he is well acquainted. He receives here an advance of one thousand dollars, by a draft on our bankers in Holland, in whose hands the fund is deposited. This, and all other sums furnished him, to be debited to the Algerine fund. I enclose you a letter to our bankers giving you complete authority over these funds, which you had better send with your first draft, though I send a copy of it from hence by another opportunity.
This business being done, you will be pleased to return to Lisbon, and to keep yourself and us, thereafter, well informed of the transactions in Morocco; and as soon as you shall find that the succession to that government is settled and staple, so that we may know to whom a commissioner may be addressed, be so good as to give us the information, that we may take measures in consequence.
I have the honor to be, with much respect, Sir, your most obedient, and most humble servant.
TO SAMUEL SHAW, CONSUL AT CANTON, IN CHINA.
Philadelphia, March 21, 1793.
Sir,--Present appearances in Europe rendering a general war there probable, I am to desire your particular attention to all the indications of it, and on the first imminent symptoms of rupture among the maritime powers, to put our vessels on their guard. In the same event the patronage of our Consuls will be particularly requisite to secure to our vessels the right of neutrality, and protect them against all invasions of it. You will be pleased, also, in the same case, to give no countenance to the usurpation of our flag by foreign vessels, but rather, indeed, to aid in detecting it, as without bringing to us any advantage, the usurpation will tend to commit us with the belligerent powers, and to subject those vessels which are truly ours to harassing scrutinies in order to distinguish them from the counterfeits.
The law requiring the Consuls of the United States to give bond with two or more good sureties for the faithful performance of their duties, I enclose you a blank bond for that purpose. According to a standing regulation which places our Consuls in Europe in relation with the Minister of the United States in the same country with them, if there be one, and if none, then with their minister in Paris, and our Consuls in America in immediate relation with the Secretary of State, you will be pleased to have your sureties approved by the person to whom you stand thus referred, and to send the bond when executed, by a safe conveyance, to the Secretary of State, to be disposed of according to law; and this with all the expedition the case will admit, provided this should not have been done before. A set of the laws of the United States is likewise herewith enclosed, together with a copy of a former circular letter, intended as a standing instruction to our Consuls.
I am, with esteem, Sir, your most obedient, and most humble servant.
TO COLONEL DAVID.
Philadelphia, March 22, 1793.
Dear Sir,--I thank you sincerely for your friendly letter of January 8. Particular circumstances have forced me to protract awhile my departure from office, which, however, will take place in the course of the year. Continue, therefore, if you please, the general address of your letters, to "The Secretary of State," &c., as recommended. Be assured that I shall carry into retirement and retain the most affectionate sentiments towards you. I am, in truth, worn down with drudgery, and while every circumstance relative to my private affairs calls imperiously for my return to them, not a single one exists which could render tolerable a continuation in public life. I do not wonder that Captain O'Bryan has lost patience under his long-continued captivity, and that he may suppose some of the public servants have neglected him and his brethren. He may possibly have imputed neglect to me, because a forbearance to correspond with him would have that appearance, though it was dictated by the single apprehension, that if he received letters from me as Minister Plenipotentiary of the United States at Paris, or as Secretary of State, it would increase the expectations of the captors, and raise the ransom beyond what his countrymen would be disposed to give, and so end in their perpetual captivity. But, in truth, I have labored for them constantly and zealously in every situation in which I have been placed. In the first moment of their captivity, I first proposed to Mr. Adams to take upon ourselves their ransom, though unauthorized by Congress. I proposed to Congress and obtained their permission to employ the Order of Mercy in France for their ransom, but never could obtain orders for the money till just as I was leaving France, and was obliged to turn the matter over to Mr. Short. As soon as I came here I laid the matter before the President and Congress in two long reports, but Congress could not decide till the beginning of 1792, and then clogged their ransom by a previous requisition of peace. The unfortunate death of two successive commissioners have still retarded their relief, and even should they be now relieved, will probably deprive me of the gratification of seeing my endeavors for them crowned at length with success by their arrival when I am here. It would, indeed, be grating to me if, after all, I should be supposed by them to have been indifferent to their situation. I will ask of your friendship to do me justice in their eyes, that to the pain I have already felt for them, may not be added that of their dissatisfaction. I explained my proceedings on their behalf to a Dr. Warner, whom I saw at Paris, on his way to Algiers, and particularly the reason why I did not answer O'Bryan's letter. I desired him to communicate it to Captain O'Bryan. But I did not know whether he did it. I think it more probable that Mr. Carmichael will impute to me also an event which must take place this year. In truth, it is so extraordinary a circumstance, that a public agent placed in a foreign court for the purpose of correspondence, should, in three years, have found means to get but one letter to us, that he must himself be sensible that if he could have sent us letters, he ought to be recalled as negligent, and if he could not, he ought to be recalled as useless. I have, nevertheless, procured his continuance, in order to give him an opportunity which occurred of his rendering a sensible service to his country, and thereby drawing some degree of favor on his return.
Wishing you every circumstance of success and happiness, I am, with great esteem, dear Sir, your sincere friend and servant.
TO COLONEL HUMPHREYS.
Philadelphia, March 22, 1793.
Dear Sir,--I have to acknowledge the receipt of your letters from No. 60 to 67, inclusive. You cannot be too vigilant against any such treaty as that mentioned in No. 60, which, by giving the exclusive supply of wheat to Naples, would altogether debar the United States from it. This would bear so hard on us, that not only an exclusion of their wines from the United States ought to be expected on their part, but every other measure which might open to us a market _in any other part of the world_, however Portugal might be affected by it. And I must forever repeat it, that, instead of excluding our _wheat_, we must continue to hope that they will open their ports to our _flour_, and that you will continue to use your efforts, on every good occasion, to obtain this without waiting for a treaty.
As there appears at present a probability of a very general war in Europe, you will be pleased to be particularly attentive to preserve for our vessels all the rights of neutrality, and to endeavor that our flag be not usurped by others to procure to themselves the benefits of our neutrality. This usurpation tends to commit us with foreign nations, to subject those vessels truly ours to rigorous scrutinies and delays, to distinguish them from counterfeits, and to take the business of transportation out of our hands.
Continue, if you please, your intelligence relative to the affairs of Spain, from whence we learn nothing but through you; to which it will be acceptable that you add leading events from other countries, as we have several times received important facts through you, even from London, sooner than they have come from London directly.
The letters enclosed for Mr. Carmichael and Mr. Short are of a very secret nature. If you go by Madrid, you will be the bearer of them yourself; if not, it would be better to retain them than to send them by any conveyance which does not command your entire confidence. I have never yet had a letter from Mr. Carmichael but the one you brought from Madrid. A particular circumstance will occasion forbearance yet a little longer.
Captain Cutting will bring you a copy of the laws of the last session of Congress, and of the gazettes to the time of his departure.
Not yet knowing the actual arrival of Mr. Church at Lisbon, I believe it will be safer that I direct letters for you, during your absence, to Messrs. Bulkeley and Son, with whom you will leave what directions on the subject you shall think proper.
I am, with great and sincere esteem and respect, dear Sir, your most obedient, and most humble servant.
TO MESSRS. CARMICHAEL AND SHORT.[23] Philadelphia, March 23, 1793.
Gentlemen,--It is intimated to us in such a way as to attract our attention, that France means to send a strong force early this spring to offer independence to the Spanish American colonies, beginning with those on the Mississippi; and that she will not object to the receiving those on the east side into our confederation. Interesting considerations require, that we should keep ourselves free to act in this case according to circumstances, and consequently, that you should not, by any clause of treaty, bind us to guarantee any of the Spanish colonies against their own independence, nor indeed against any other nation. For when we thought we might guarantee Louisiana, on their ceding the Floridas to us, we apprehended it would be seized by Great Britain, who would thus completely encircle us with her colonies and fleets. This danger is now removed by the concert between Great Britain and Spain; and the times will soon enough give independence, and consequently free commerce to our neighbors, without our risking the involving ourselves in a war for them.
I am, with great respect and esteem, your most obedient humble servant.
[24]The above meets the approbation of George Washington.
FOOTNOTES:
[23] [This letter was in cypher, but a literal copy of it preserved.]
[24] [This is in the handwriting of General Washington.]
TO MR. DUMAS.
Philadelphia, March 24, 1793.
Dear Sir,--I have to acknowledge the receipt of your favors of September 20, March 13, and Jan. 9. I shall hope your continuance to send us the Leyden Gazette as usual, but all the other gazettes which you have hitherto usually sent, may be discontinued. The scene in Europe is becoming very interesting. Amidst the confusion of a general war which seems to be threatening that quarter of the globe, we hope to be permitted to preserve the line of neutrality. We wish not to meddle with the internal affairs of any country, nor with the general affairs of Europe. Peace with all nations, and the right which that gives us with respect to all nations, are our object. It will be necessary for all our public agents to exert themselves with vigilance for securing to our vessels all the rights of neutrality, and from preventing the vessels of other nations from usurping our flag. This usurpation tends to commit us with the belligerent power, to draw on those vessels truly ours, vigorous visitations to distinguish them from the counterfeits, and to take business from us. I recommend these objects to you. I have done the same to Mr. Greenleaf, lately appointed our Consul at Amsterdam. Be so good as to remember to send your account immediately after the 30th of June. I forward for you to Mr. Pinckney a copy of the laws of the late session of Congress; and am, with sincere esteem, dear Sir, your most obedient humble servant.
TO COLONEL HAMILTON.
Philadelphia, March 27, 1793.
Sir,--In compliance with the desire you expressed, I shall endeavor to give you the view I had of the destination of the loan of three millions of florins, obtained by our bankers in Amsterdam, previous to the acts of the 4th and 12th of August, 1790, when it was proposed to adopt it under those acts. I am encouraged to do this by the degree of certainty with which I can do it, happening to possess an official paper wherein I had committed to writing some thoughts on the subject, at the time, that is to say, on the 26th of August, 1790. The general plan presented to view, according to my comprehension of it, in your report and draught of instructions, was, 1, to borrow, on proper terms, such a sum of money as might answer all demands for principal and interest of the foreign debt due to the end of 1791; 2, to consider two of the three millions of florins already borrowed as if borrowed under the act of August 4, and so far an execution of the operation before mentioned; 3, to consider the third million of florins so borrowed as if borrowed under the act of the 12th of August, and so far an execution of the powers given to the President to borrow two millions of dollars for the purchase of the public debt. I remember that the million of dollars surplus of the domestic revenues, appropriated to the purchase of the public debt, appeared to me sufficient for that purpose _here_, for probably a considerable time. I thought, therefore, if any part of the three millions of florins were to be placed under the act of the 12th of August, that it should rather be employed in purchasing our _foreign paper_ at the market of Amsterdam. I had myself observed the different degrees of estimation in which the paper of different countries was held at that market, and wishing that our credit there might always be of the first order, I thought a moderate sum kept in readiness there to buy up any of our _foreign paper_, whenever it should be offered below par, would keep it constantly to that mark, and thereby establish for us a sound credit, where, of all places in the world, it would be most important to have it.
The subject, however, not being with my department, and therefore having no occasion afterwards to pay attention to it, it went out of my mind altogether, till the late inquiries brought it forward again. On reading the President's instructions of August 28, 1790 (two days later than the paper before mentioned), as printed in your report of February 13, 1793, in the form in which they were ultimately given to you, I observed that he had therein neither confirmed _your_ sentiment of employing a part of the money _here_, nor _mine_ of doing it _there_, in purchases of the public debt: but had directed the application of the whole to the _foreign debt_; and I inferred that he had done this on full and just deliberation, well knowing he would have time enough to weigh the merits of the two opinions, before the million of dollars would be examined _here_, or the loans for the foreign debt would overrun their legal measure _there_. In this inference, however, I might be mistaken; but I cannot be in the fact that these instructions gave a sanction to neither opinion.
I have thus, Sir, stated to you the view I had of this subject in 1790, and I have done it because you desired it. I did not take it up then as a volunteer, nor should now have taken the trouble of recurring to it, but at your request, as it is one in which I am not particularly concerned, which I never had either the time or inclination to investigate, and on which my opinion is of no importance.
I have the honor to be, with respect, Sir, your most obedient humble servant.
TO J. MADISON.
Philadelphia, April 7, 1793.
We may now, I believe, give full credit to the accounts that war is declared between France and England. The latter having ordered Chauvelen to retire within eight days, the former seemed to consider it as too unquestionable an evidence of an intention to go to war, to let the advantage slip of her own readiness and the unreadiness of England. Hence, I presume, the first declaration from France. A British packet is arrived; but as yet we have nothing more than that she confirms the accounts of war being declared. Genett not yet arrived. An impeachment is ordered here against Nicholson, their Comptroller General, by a vote almost unanimous of the House of Representatives. There is little doubt, I am told, that much _mala fides_ will appear; but E. R. thinks he has barricaded himself within the fences of the law.
* * * * *
Yours affectionately.
TO MR. HAMMOND.
Philadelphia, April 18, 1793.
Sir,--I have now the honor to enclose you the answer of the Attorney General to my letter covering yours of March the 12th, on the case of Hooper and Pagan, wherein he has stated the proceedings of Pagan for obtaining a writ of error from the Supreme Court of the United States, for revisal of the judgment of the inferior court pronounced against him; and also, his opinion on the merits of the question, had the writ of error been procured, and the merits thereby been brought into question. From this statement you will be able to judge whether Pagan has, _bona fide_, complied with the rule which requires that a foreigner, before he applies for extraordinary interposition, should use his best endeavors to obtain the justice he claims from the ordinary tribunals of the country. You will perceive also, that had the writ been pressed for and obtained, and the substantial justice of Pagan's claim thereby brought into discussion, substantial justice would have been against him, according to the opinion of the Attorney General, according to the uniform decisions of the courts of the United States, even in the cases of their own citizens, and according to the decision of this very case in the British provincial court, where the evidence was taken and the trial first had. This does not appear then to be one of those cases of gross and palpable wrong, ascribable only to wickedness of the heart, and not to error of the head, in the judges who have decided on it, and founding a claim of national satisfaction. At least, that it is so, remains yet to be demonstrated.
The readiness with which the government of the United States has entered into inquiries concerning the case of Mr. Pagan, even before that case was ripe for their interposition, according to ordinary rules, will, I hope, satisfy you that they would, with equal readiness, have done for the redress of his case whatever the laws and Constitution would have permitted them to do, had it appeared in the result that their courts had been guilty of partiality or other gross wrong against Mr. Pagan. On the contrary, it is hoped, that the marked attentions which have been shown to him by the government of Massachusetts, as well as by that of the United States, have evinced the most scrupulous dispositions to patronize and effectuate his right, had right been on his side. I have the honor to be, with due respect, Sir, your most humble servant.
[_The letter of the Attorney General, referred to in the preceding._]
TO THE SECRETARY OF STATE.
Philadelphia, April 12, 1793.
Sir,--You will perceive from the two letters marked A. and B. of which I enclose copies, that the subject of Mr. Pagan has been for some time in my view. The former of those letters being intended for you, and containing a summary of facts, I determined to show it to Mr. Tilghman, who was Pagan's counsel, before it was sent to you, in order that he might correct any misstatement. This produced the latter letter from him to me; and I have thought it more advisable to forward both of them to you, even in the unfinished state of my own, than to reduce the case into a form which might be supposed to be less accurate.
As I do not discover an essential difference between Mr. Tilghman and myself, I shall not discuss any seeming variance, but proceed upon his ideas.
It is too obvious to require a diffusive exposition, that the application for a writ of error was not only prudent, but a duty in Pagan. To this Mr. Tilghman explicitly assents, when he says that he was perfectly "satisfied of the prudence of applying for the writ of error, as Pagan could not complain of a defect of justice, until he had tried the writ of error and found that mode ineffectual." This remark becomes the more important, as it manifests that the process was not suggested as an expedient for shifting any burthen from the government. Indeed I may with truth add, that the proceedings, taken collectively, appeared to me to present a sufficient intimation of the main question, to serve as a ground of decision.
However, take the case under either aspect; as excluding the consideration of the main question by an omission in the pleadings and record; or as exhibiting it fully to the cognizance of the court.
It never was pretended that a writ of error ought to have been granted, unless the matter was apparent on the record. Whose office was it to make it thus apparent? Of the attorney who managed the pleadings. If, therefore, he has failed to do so, we may presume that he considered the ground untenable, or was guilty of inattention. Either presumption would be fatal to a citizen of the United States; and the condition of a foreigner cannot create a new measure in the administration of justice. It is moreover certain, that those who have been consulted on Pagan's behalf, as well as others, have seriously doubted whether a cause, which has been pursued to the extent which his had reached before the commencement of our new government, was susceptible of federal relief.
The last observation opens the inquiry, what remedy ought the Supreme Court of the United States to have administered, even if the question had been fairly before them? My opinion is, that the very merits are against Mr. Pagan. In America, the construction of the armistice has been almost universally to compute the places, within which different times were to prevail, by latitude only. Am I misinformed, that such an interpretation has been pressed by _our_ ministers, and not denied by those of London? A second mode has been adopted, by describing a circle, and thereby comprehending longitude as well as latitude; now let either rule be adopted, and the position of the capture in this case will be adverse to Pagan's pretensions.
But what can be exacted from our government, after repeated trials, before various jurisdictions, none of which can be charged with any symptom of impropriety, and upon a subject, which, to say no more, is at least equipoised? Nothing; and I appeal to the British reasoning on the Silesia loan, as supporting this sentiment, in the following passage: "The law of nations, founded upon justice, equity, convenience and the reason of the thing, and confirmed by long usage, does not allow of reprisals, except in case of violent injuries directed and supported by the State, and justice absolutely denied, in _re minime dubia_, by all the tribunals, and afterwards by the prince." Where the judges are left free, and give sentence according to their consciences, "though it should be erroneous, that would be no ground for reprisals. Upon doubtful questions, different men think and judge differently; and all a friend can desire is, that justice should be as impartially administered to him, as it is to the subjects of that prince, in whose courts the matter is tried." Under such circumstances, a citizen must acquiesce. So therefore must Pagan; against whom even the court of Nova Scotia, within the dominions of his sovereign, has once decided.
There are many smaller points, arising from the controversy, which might be relied on. But I pass them over, from a hope that the observations already made will induce you to think with me, that government is not bound to interpose farther in the behalf of Pagan. I have the honor, Sir, to be, with respect and esteem, your most obedient servant, Edmond Randolph.
TO MR. PINCKNEY.
Philadelphia, April 20, 1793.
Dear Sir,--In a postscript to my letter of the 12th, I acknowledged the receipt of yours of January the 3d; since which, those of January the 30th and February the 5th have been received by the William Penn.
With respect to our negotiation with Mr. Hammond, it is exactly in the state in which it was when you left America, not one single word having been received in reply to my general answer, of which you had a copy. He says, he waits for instructions, which he pretends to expect from packet to packet. But sometimes the ministers are all in the country, sometimes they are absorbed in negotiations nearer home, sometimes it is the hurry of impending war, or attention to other objects, the stock of which is inexhaustible, and can therefore never fail those who desire nothing but that things shall rest as they are. Perhaps, however, the present times may hasten justice.
We shall be glad to receive the assayer you hope to procure, as soon as possible, for we cannot get one in this country equal to the business in all its parts. With respect to Mr. Drost, we retain the same desire to engage him, but we are forced to require an immediate decision, as the officer employed in the interim, and who does tolerably well, will not continue much longer under an uncertainty of permanent employment. I must therefore desire you to press Mr. Morris to bring Drost to an immediate determination; and we place the matter on this ground with him, that if he is not embarked by the first day of July next, we shall give a permanent commission to the present officer, and be free to receive no other. We are likely to be in very great distress for copper for the mint, and must therefore press your expediting what we desired you to order from Sweden.
You may, on every occasion, give assurances which cannot go beyond the real desires of this country, to preserve a fair neutrality in the present war, on condition that the rights of neutral nations are respected in us, as they have been settled in _modern_ times, either by the express declarations of the powers of Europe, or their adoption of them on particular occasions. From our treaties with France and Holland, and that of England and France, a very clear and simple line of conduct can be marked out for us, and I think we are not unreasonable in expecting that England shall recognize towards us the same principles which she has stipulated to recognize towards France, in a state of neutrality.
I have the honor to be, with great and sincere esteem, dear Sir, your most obedient, and most humble servant.
TO MR. VAN BERCKEL.
Philadelphia, April 23d, 1793.
Sir,--As far as the public gazettes are to be credited, we may presume that war has taken place among several of the nations of Europe, in which France, England, Holland and Russia, are particularly engaged. Disposed, as the United States are, to pursue steadily the ways of peace, and to remain in friendship with all nations, the President has thought it expedient, by Proclamation, of which I enclose you a copy, to notify this disposition to our citizens, in order to intimate to them the line of conduct for which they are to prepare; and this he has done without waiting for a formal notification from the belligerent Powers. He hopes that those Powers and your nation in particular, will consider this early precaution as a proof, the more candid, as it has been unasked, for the sincere and impartial intentions of our country, and that what is meant merely as a general intimation to our citizens, shall not be construed to their prejudice in any Courts of Admiralty, as if it were conclusive evidence of their knowledge of the existence of war, and of the Powers engaged in it. Of this we could not give them conclusive information, because we have it not ourselves; and till it is given us in form, and so communicated to them, we must consider all their acts as lawful, which would have been lawful in a state of peace. I have the honor to be, with great respect, Sir, your most obedient, and most humble servant.
CIRCULAR TO MESSRS. MORRIS, PINCKNEY AND SHORT.
Philadelphia, April 26, 1793.
Sir,--The public papers giving us reason to believe that the war is becoming nearly general in Europe, and that it has already involved nations with which we are in daily habits of commerce and friendship, the President has thought it proper to issue the proclamation of which I enclose you a copy, in order to mark out to our citizens the line of conduct they are to pursue. That this intimation, however, might not work to their prejudice, by being produced against them as conclusive evidence of their knowledge of the existence of war and of the nations engaged in it, in any case where they might be drawn into courts of justice for acts done without that knowledge, it has been thought necessary to write to the representatives of the belligerent powers here, the letter of which a copy is also enclosed, reserving to our citizens those immunities to which they are entitled, till authentic information shall be given to our government by the parties at war, and be thus communicated, with due certainty, to our citizens. You will be pleased to present to the government where you reside, this proceeding of the President, as a proof of the earnest desire of the United States to preserve peace and friendship with all the belligerent powers, and to express his expectation that they will in return extend a scrupulous and effectual protection to all our citizens, wheresoever they may need it, in pursuing their lawful and peaceable concerns with their subjects, or within their jurisdiction. You will, at the same time, assure them that the most exact reciprocation of this benefit shall be practised by us towards their subjects, in the like cases.
I have the honor to be, with great esteem and respect, Sir, your most obedient, and most humble servant.
TO M. DE TERNANT.
Philadelphia, April 27, 1793.
Sir,--Your letter of the 13th instant, asking moneys to answer the expenses and salaries of the consular offices of France, has been duly laid before the President, and his directions thereon taken.
I have in consequence to observe to you, that before the new government of France had time to attend to things on this side the Atlantic, and to provide a deposit of money for their purposes here, there appeared a degree of necessity that we, as the friends and debtors of that nation, should keep their affairs from suffering, by furnishing money for urgent purposes. This obliged us to take on ourselves to judge of the purpose, because, on the soundness of that, we were to depend for our justification. Hence we furnished moneys for their colonies and their agents here, without express authority, judging from the importance and necessity of the case, that they would approve of our interference.
But this kind of necessity is now at an end; the government has established a deposit of money in the hands of their minister here, and we have nothing now to do but to furnish the money, which we are in the course of doing, without looking into the purposes to which it is to be applied. Their minister is to be the judge of these, and to pay it to whom and for what he pleases.
If it be urged that they have appropriated all the money we are furnishing to other objects, that you are not authorized to divert any of it to any other purpose, and therefore that you _need a further sum_, it may be answered that it will not lessen the stretch of authority to add an _unauthorized payment by us_ to an _unauthorized application_ by you, and that it seems fitter that their minister should exercise a discretion over their appropriations, standing, as he does, in a place of confidence, authority, and responsibility, than we who are strangers, and unamenable to them. It is a respect we owe to their authority to leave to those acting under that, the transactions of their affairs, without an intermeddling on our part which might justly appear officious.
In this point of light, I hope you will view our conduct, and that the consular officers will be sensible that in referring them to your care, under which the national authority has placed them, we do but conform ourselves to that authority. I have the honor to be, with sentiments of great respect and esteem, Sir, your most obedient, and most humble servant.
TO THE SECRETARY OF THE TREASURY.
Philadelphia, May 1, 1793.
Sir,--When you mentioned to me yesterday that M. de Ternant proposed to apply for a sum of money, and founded himself on a letter of mine which gave him reason to expect it, I thought I could not have written such a letter, because I did not recollect it, and because it was out of the plan which you know had been adopted, that when we furnished one sum of money we should avoid promising another. I have now most carefully examined all my letters to M. de Ternant, as far back as March 7, 1792, the date of the first on the subject of furnishing money, and can assure you there is not a word in one of them which can be construed into a promise, expressed or implied, relative to the present subject, or which can have committed the government in the smallest degree to a departure from the rules it has laid down. I am equally confident that I have never said a word which could do it. Upon the ground, therefore, of any such commitment by me, the proposition will not be supported. With respect to these applications in general, they were of course to pass through me; but I have considered them as depending too much on the arrangements of your department to permit myself to take and be tenacious of any particular ground other than that, whatever rule we adopt, it be plain and persevered in uniformly in all cases where the material circumstances are the same, so that we never refuse to one what has been done for another. It is and ever has been my opinion and wish that we should gratify the diplomatic gentlemen in every way in which we can do it without too great inconvenience or commitment of our own government. I think it our interest to do so; and am under this impression in the present case so much, that I should readily concur, if it be the pleasure of the President, in reconsidering the rule adopted on a late occasion, and substituting any other consistent with our public duties, more adapted to the gratification of the diplomatic gentlemen, and uniformly to be applied where the material circumstances shall be the same; for it would reverse our aim were we to put ourselves in the case of disobliging one by refusing what we have done to gratify another. In these sentiments, I will hand to the President any application which M. de Ternant shall think proper to communicate to me in writing. I have the honor to be, with great respect, Sir, your most obedient humble servant.
TO M. DE TERNANT.
Philadelphia, May 3, 1793.
Sir,--The Minister Plenipotentiary of his Britannic Majesty has represented to the government of the United States, that on the 25th of April last, the British ship Grange, while lying at anchor in the bay of Delaware, within the territory and jurisdiction of the United States, was taken possession of by the Embuscade, a frigate of the French Republic, has been brought to this port, where she is now detained as prize, and the crew as prisoners, and has made a requisition in form, for a restoration of the vessel and liberation of the crew. I have the honor to furnish you with copies of the evidence given in by the British minister, and to observe, that the United States being at peace with all parties, cannot see with indifference its territory or jurisdiction violated by either; that the government will therefore proceed to inquire into the facts, and for that purpose will receive with pleasure, and consider with impartiality, any evidence you will be pleased to have them furnished with on the subject; and the President hopes that you will take effectual measures for detaining here the vessel taken, her crew and cargo, to abide the decision which will be made thereon, and which is desired to be without delay.
I have the honor to be, with great respect, Sir, your most obedient, and most humble servant.
TO COLONEL MONROE.
Philadelphia, May 5, 1793.
Dear Sir,--The expectation that you are always from home prevents my writing to you with regularity; a matter of little consequence to you, as you probably receive Freneau's paper regularly, and consequently all the news of any importance.
The fiscal party having tricked the House of Representatives out of the negative vote they obtained, seem determined not to lose the ground they gained by entering the lists again on matters of fact and reason; they therefore preserve a triumphant silence, notwithstanding the attack of the pamphlet entitled "An Examination Se-and-of-Timon." They show their wisdom in this, if not their honesty. The war between France and England seems to be producing an effect not contemplated. All the old spirit of 1776, rekindling the newspapers from Boston to Charleston, proves this; and even the monocrat papers are obliged to publish the most furious philippics against England. A French frigate took a British prize off the capes of Delaware the other day, and sent her up here. Upon her coming into sight, thousands and thousands of the _yeomanry_ of the city crowded and covered the wharves. Never before was such a crowd seen there; and when the British colors were seen _reversed_, and the French flying above them, they burst into peals of exultation. I wish we may be able to repress the spirit of the people within the limits of a fair neutrality. In the meantime, H. is panic-struck, if we refuse our breach to every kick which Great Britain may choose to give it. He is for proclaiming at once the most abject principles, such as would invite and merit habitual insults; and indeed every inch of ground must be fought in our councils to desperation, in order to hold up the face of even a sneaking neutrality, for our votes are generally two and a half against one and a half. Some propositions have come from him which would astonish Mr. Pitt himself with their boldness. If we preserve even a sneaking neutrality, we shall be indebted for it to the President, and not to his counsellors. Immense bankruptcies have taken place in England. The last advices made them amount to eleven millions sterling, and still going on. Of the houses connected with America, they have fallen only on those who had dealt in American paper. The beginning of the business was from the alarm occasioned by the war, which induced cautious people to withdraw their money from the country banks. This induced the Bank of England to stop discounting, which brought on a general crush, which was still going on. It is said that two millions of manufacturers would be put out of employ by these failures. This is probably exaggerated. The stocks are very low here now, and an immense mass of paper is expected to be returned immediately from England, so that they will be still lower. Notwithstanding this, the sinking fund is idle, not having had a shilling to lay out (except the interest of the part sunk). You will see in Freneau's next paper, a most advantageous decree of the French National Assembly in our favor. They have lately sustained some severe checks. The papers will confuse you on the subject. The truth is, that in a combination of three operations, Clairfayt killed and wounded 1,400, took 600. Saxe Cobourg killed and wounded 4,000, and took 1,600. Brunswick killed and wounded 1,300, and took 700. This is the sum. Their defects are as sensibly felt at Philadelphia as at Paris, and I foresee we are to have a trying campaign of it. Great Britain has as yet not condescended to notice us in any way. No wish expressed of her neutrality, no answer of any kind to a single complaint for the daily violations committed on our sailors and ships. Indeed, we promise beforehand so fast that she has not time to ask anything. We expect Genet daily. When Ternant received certain account of his appointment, thinking he had nothing further to hope from the Jacobins, he that very day found out something to be offended at in me (in which I had been made _ex officio_ the ostensible agent in what came from another quarter, and he has never been undeceived), attached himself intimately to Hamilton, put on mourning for the King, and became a perfect counter revolutioner. A few days ago, he received a letter from Genet, giving him a hope that they will employ him in the army. On this, he tacked about again, became a Jacobin, and refused to present the Viscount Noailles, and some French aristocrats arrived here. From what I learn from Noailles, La Fayette has been more imprudent than I expected, but certainly innocent.
Present my best affections to Mrs. Monroe, and accept them for yourself also. Yours sincerely.
TO MR. PINCKNEY.
Philadelphia, May 7, 1793.
Dear Sir,--Since my letter of April the 16th, yours have been received of March the 12th, 12th, 13th, 13th, and 19th. Before the receipt of these, one of which covered the form of your passports, it had been determined here, that passports should be issued in _our own ports_ only, as well to secure us against those collusions which would be fraudulent towards our friends, and would introduce a competition injurious to our own vessels, as to induce these to remain in our own service, and thereby give to the productions of our own soil the protection of its own flag in its passage to foreign markets. As our citizens are free to purchase and use _foreign-built_ vessels, and these, like all their other lawful property, are entitled to the protection of their government, passports will be issued to them as freely as to _home-built_ vessels. This is strictly within our treaties, the letter of which, as well as their spirit, authorizes passports to all vessels _belonging_ to citizens of the United States. Our laws, indeed, indulge home-built vessels with the payment of a lower tonnage, and to evidence their right to this, permit them alone to take out registers from our own offices; but they do not exclude foreign-built vessels owned by our citizens from any other right. As our home built vessels are adequate to but a small proportion of our transportation, if we could not suddenly augment the stock of our shipping, our produce would be subject to war insurance in the vessels of the belligerent powers, though we remain at peace ourselves.
In one of your letters of March the 13th, you express your apprehension that some of the belligerent powers may stop our vessels going with grain to the ports of their enemies, and ask instructions which may meet the question in various points of view, intending, however, in the meantime, to contend for the amplest freedom of neutral nations. Your intention in this is perfectly proper, and coincides with the ideas of our own government in the particular case you put, as in general cases. Such a stoppage to an unblockaded port would be so unequivocal an infringement of the neutral rights, that we cannot conceive it will be attempted. With respect to our conduct as a neutral nation, it is marked out in our treaties with France and Holland, two of the belligerent powers; and as the duties of neutrality require an _equal_ conduct to both parties, we should, on that ground, act on the same principles towards Great Britain. We presume that this would be satisfactory to her because of its equality, and because she too has sanctioned the same principles in her treaty with France. Even our seventeenth article with France, which might be disagreeable, as from its nature it is unequal, is adopted exactly by Great Britain in her fortieth article with the same power, and would have laid her, in a like case, under the same unequal obligations against us. We wish then, that it could be arranged with Great Britain, that our treaties with France and Holland, and that of France and Great Britain (which agree in what respects neutral nations), should form the line of conduct for us all, in the present war, in the cases for which they provide. Where they are silent, the general principles of the law of nations must give the rule, as the principles of that law have been liberalized in latter times by the refinement of manners and morals, and evidenced by the declarations, stipulations, and practice of every civilized nation. In our treaty with Prussia, indeed, we have gone ahead of other nations, in doing away restraints on the commerce of peaceful nations, by declaring that nothing shall be contraband. For in truth, in the present improved state of the arts, when every country has such ample means of procuring arms within and without itself, the regulations of contraband answer no other end than to draw other nations into the war. However, as other nations have not given sanction to this improvement, we claim it, at present, with Prussia alone.
You are desired to persevere till you obtain a regulation to guard our vessels from having their hands impressed, and to inhibit the British navy officers from taking them under the pretext of their being British subjects. There appears but one practical rule, that the vessel being American, shall be conclusive evidence that the hands are so to a certain number, proportioned to her tonnage. Not more than one or two officers shall be permitted to visit a vessel. Mr. Albion Coxe has just arrived.
I have the honor to be, with great and sincere esteem, dear Sir, your most obedient, and most humble servant.
TO E. RANDOLPH.
May 8, 1793.
I have been still reflecting on the draft of letter from the Secretary of the Treasury to the custom house officers, instructing them to be on the watch as to all infractions or tendencies to infraction of the laws of neutrality by our citizens, and to communicate the same to him. When this paper was first communicated to me, though the whole of it struck me disagreeably, I did not in the first moment see clearly the improprieties but of the last clause. The more I have reflected, the more objectionable the whole appears. By this proposal the collectors of the customs are to be made an established corps of spies or informers against their fellow citizens, whose actions they are to watch in secret, inform against in secret to the Secretary of the Treasury, who is to communicate it to the President. If the action and evidence appear to justify a prosecution, a prosecution is to be set on foot on the _secret information of a collector_. If it will not justify it, then the only consequence is that the mind of government has been poisoned against a citizen, neither known nor suspecting it, and perhaps too distant to bring forward his justification. This will at least furnish the collector with a convenient weapon to keep down a rival, draw a cloud over an inconvenient censor, or satisfy mere malice and private enmity. The object of this new institution is to be to prevent infractions of the laws of neutrality, and preserve our peace with foreign nations. Acts involving war, or proceedings which respect foreign nations, seem to belong either to the department of war, or to that which is charged with the affairs of foreign nations; but I cannot possibly conceive how the superintendence of the laws of neutrality, or the preservation of our peace with foreign nations, can be ascribed to the department of the treasury, which I suppose to comprehend merely matters of revenue. It would be to add a new and a large field to a department already amply provided with business, patronage, and influence. It was urged as a reason that the collectors of the customs are in convenient positions for this espionage. They are in convenient positions too for building ships of war; but will that business be transplanted from its department, merely because it can be conveniently done in another? It seemed the desire that if this means was disapproved, some other equivalent might be adopted. Though we consider the acts of a foreigner making a captive within our limits, as an act of public hostility, and therefore to be turned over to the military, rather than the civil power; yet the acts of our own citizens infringing the laws of neutrality or contemplating that, are offences against the ordinary laws and cognisable by them. Grand juries are the constitutional inquisitors and informers of the country, they are scattered everywhere, see everything, see it while they suppose themselves mere private persons, and not with the prejudiced eye of a permanent and systematic spy. Their information is on _oath_, is public, it is in the vicinage of the party charged, and can be at once refuted. These officers taken only occasionally from among the people, are familiar to them, the office respected, and the experience of centuries has shown that it is safely entrusted with our character, property and liberty. A grand juror cannot carry on systematic persecution against a neighbor whom he hates, because he is not permanent in the office. The judges generally, by a charge, instruct the grand jurors in the infractions of law which are to be noticed by them; and our judges are in the habit of printing their charges in the newspapers. The judges, having notice of the proclamation, will perceive that the occurrence of a foreign war has brought into activity the laws of neutrality, as a part of the law of the land. This new branch of the law they will know needs explanation to the grand juries more than any other. They will study and define the subjects to them and to the public. The public mind will by this be warned against the acts which may endanger our peace, foreign nations will see a much more respectable evidence of our _bona fide_ intentions to preserve neutrality, and society will be relieved from the inquietude which must forever be excited by the knowledge of the existence of such a poison in it as secret accusation. It will be easy to suggest this matter to the attention of the judges, and that alone puts the whole machine into motion. The one is a familiar, impartial and precious instrument, the other, not popular in its present functions, will be odious in the new ones, and the odium will reach the Executive, who will be considered as having planted a germ of private inquisition absolutely unknown to our laws. I am not quite certain what was considered as agreed upon yesterday; it cannot be too late, however, to suggest the substitution of the judges and grand jurors in place of the collectors of the customs.
TO THE SECRETARY OF THE TREASURY.
Philadelphia, May 8, 1793.
Sir,--I had wished to have kept back the issuing passports for sea vessels till the question should be decided whether the treaty with France should be declared void, lest the issuing the passports presented by that treaty might be considered as prejudging the question. The importunities, however, of the owners obliging me to give out a few, I had them printed in the Dutch form only. Not then having sufficiently considered on the best mode of distributing them, I took the liberty, as an expedient of the moment, of sending seven (the number of vessels then waiting in this port) to Mr. Delaney, asking the favor of him to fill them up and deliver them for me. Application for another parcel coming, and the applicant not being able to wait himself till I could send them to be signed by the President, he desired I would lodge them with Mr. Cox, on whom it would be convenient for him to call for them. I did so; and afterwards sent a second parcel of a dozen, which were pressingly requested. The President having now decided that the French passport may also be used, it is at this time in the press, and the whole instrument completed with the two passports. Letters and certificate in its final form, will be ready for signature to-morrow. It has therefore now become necessary to determine on the ultimate channel of distributing them. I am not the judge whether the task of distribution might interfere too much with the other duties of the collectors of the customs. If it would not, their position seems best accommodated to that distribution. I took the liberty, therefore, to-day, of proposing to the President that, if you should think there would be no inconvenience in charging them with the distribution, the blanks might be lodged with them; of which he approved, and I have now the honor of submitting that question to you. If you find no inconvenience in it, I will send 500 blanks, as soon as they shall be signed, either to your office or to that of the commissioners of the revenue, whichever you shall prefer, to be forwarded to the collectors of the different ports; and from time to time afterwards will keep up a supply. Should it, however, in your opinion, interfere too much with the other duties of those officers, I will submit to the President the depositing them with the deputy marshals appointed, or to be appointed in every port.
I will ask the favor of your answer, as the applications are numerous and pressing, and I am unwilling to be further troublesome to the gentlemen who have hitherto been so kind as to fill up and deliver them for me till some arrangement would be made which might relieve me personally from a business with the details of which I was not acquainted. I have the honor to be, with great respect. Sir, your most obedient, and most humble servant.
TO J. MADISON.
May 13.
I wrote you on the 5th covering an open letter to Colonel Monroe, since that I have received yours of April 29. We are going on here in the same spirit still. The Anglophobia has seized violently on three members of our council. This sets almost every day on questions of neutrality. H. produced the other day the draft of a letter from himself to the collector of the customs, giving them in charge to watch over all proceedings in their district, contrary to the laws of neutrality or tending to impair our peace with the belligerent powers, and particularly to observe if vessels pierced for guns should be built, and to inform _him_ of it. This was objected to, 1st. As setting up a system of espionage, destructive of the peace of society. 2d. Transferring to the treasury department the conservation of the laws of neutrality and peace with foreign nations. 3d. It was rather proposed to intimate to the judges that the laws respecting neutrality being now come into activity, they should charge grand juries with the observance of them; these being constitutional and public informers, and the person accused knowing of what they should do, and having an opportunity of justifying themselves. E. R. found out a hair to split, which, as always happens, became the decision. H. is to write to the collectors of the customs, who are to convey their information to the attorney of the district, to whom E. R. is to write, to receive their information and proceed by indictment. The clause respecting the building vessels pierced for guns is to be omitted; for, though three against one, thought it would be a breach of neutrality; yet they thought we might defer giving a public opinion on it as yet. Everything, my dear Sir, hangs upon the opinion of a single person, and that the most indecisive one I ever had to do business with. He always contrives to agree in principle with one, but in conclusion with the other. Anglophobia, secret anti-gallomany, a federalisme outree, and a present ease in his circumstances not usual, have decided the complexion of our dispositions, and our proceedings towards the conspirators against human liberty, and the asserters of it, which is unjustifiable in principle, in interest, and in respect to the wishes of our constituents. A manly neutrality, claiming the liberal rights ascribed to that condition by the very persons at war, was the part we should have taken, and would I believe have given satisfaction to our allies. If anything prevents its being a mere English neutrality, it will be that the penchant of the President is not that way, and above all, the ardent spirit of our constituents. The line is now drawn so clearly as to show on one side, 1. The fashionable circles of Philadelphia, New York, Boston and Charleston, (natural aristocrats.) 2. Merchants trading on British capital. 3. Paper men, (all the old tories are found in some one of the three descriptions.) On the other side are, 1. Merchants trading on their own capital. 2. Irish merchants. 3. Tradesmen, mechanics, farmers, and every other possible description of our citizens. Genett is not yet arrived though hourly expected. I have just heard that the workmen I had desired from Europe were engaged and about to embark. Another strong motive for making me uneasy here. Adieu.
TO MR. HAMMOND.
Philadelphia, May 15, 1793.
Sir,--Your several memorials of the 8th instant have been laid before the President, as had been that of the 2d, as soon as received. They have been considered with all the attention and the impartiality which a firm determination to do what is equal and right between all the belligerent powers, could inspire.
In one of these, you communicate, on the information of the British consul at Charleston, that the consul of France at the same place had condemned as legal prize, a British vessel, captured by a French frigate, and you justly add that this judicial act is not warranted by the usage of nations, nor by the stipulations existing between the United States and France. I observe further, that it is not warranted by any law of the land. It is consequently a mere nullity; as such it can be respected in no court, can make no part in the title to the vessel, nor give to the purchaser any other security than what he would have had without it. In short, it is so absolutely nothing as to give no foundation of just concern to any person interested in the fate of the vessel; and in this point of view, Sir, I am in hopes you will see it. The proceeding, indeed, if the British consul has been rightly informed, and we have no other information of it, has been an act of disrespect towards the United States, to which its government cannot be inattentive; a just sense of our own rights and duties, and the obviousness of the principle, are a security that no inconveniences will be permitted to arise from repetitions of it.
The purchase of arms and military accoutrements by an agent of the French government, in this country, with an intent to export them to France, is the subject of another of the memorials. Of this fact we are equally uninformed as of the former. Our citizens have been always free to make, vend and export arms. It is the constant occupation and livelihood of some of them. To suppress their callings, the only means perhaps of their subsistence, because a war exists in foreign and distant countries, in which we have no concern, would scarcely be expected. It would be hard in principle, and impossible in practice. The law of nations, therefore, respecting the rights of those at peace, does not require from them such an internal derangement in their occupations. It is satisfied with the external penalty pronounced in the President's proclamation, that of confiscation of such portion of these arms as shall fall into the hands of any of the belligerent powers on their way to the ports of their enemies. To this penalty our citizens are warned that they will be abandoned; and that even private contraventions may work no inequality between the parties at war, the benefits of them will be left equally free and open to all.
The capture of the British ship Grange by the French frigate l'Embuscade, has on inquiry been found to have taken place within the bay of Delaware and jurisdiction of the United States, as stated in your memorial of the 2d instant. The government is, therefore, taking measures for the liberation of the crew and restitution of the ship and cargo.
It condemns in the highest degree the conduct of any of our citizens who may personally engage in committing hostilities at sea against any of the nations, parties to the present war, and will exert all the means with which the laws and Constitution have armed them to discover such as offend herein, and bring them to condign punishment. Of these dispositions I am authorized to give assurances to all the parties, without reserve. Our real friendship for them all, our desire to pursue ourselves the path of peace, as the only one leading surely to prosperity, and our wish to preserve the morals of our citizens from being vitiated by courses of lawless plunder and murder, may assure you that our proceedings in this respect, will be with good faith, fervor and vigilance. Instructions are consequently given to the proper law officer, to institute such proceedings as the laws will justify, for apprehending and punishing certain individuals of our citizens, suggested to have been concerned in enterprises of this kind, as mentioned in one of your memorials of the 8th instant.
The practice of commissioning, equipping and manning vessels in our ports, to cruise on any of the belligerent parties, is equally and entirely disapproved; and the government will take effectual measures to prevent a repetition of it. The remaining point in the same memorial is reserved for further consideration.
I trust, Sir, that in the readiness with which the United States have attended to the redress of such wrongs as are committed by their citizens, or within their jurisdiction, you will see proofs of their justice and impartiality to all parties; and that it will insure to their citizens pursuing their lawful business by sea or by land, in all parts of the world, a like efficacious interposition of governing powers to protect them from injury, and redress it, where it has taken place. With such dispositions on both sides, vigilantly and faithfully carried into effect, we may hope that the blessings of peace on the one part, will be as little impaired, and the evils of war on the other, as little aggravated, as the nature of things will permit; and that this should be so, is, we trust, the prayer of all.
I have the honor to be, with sentiments of respect, Sir, your most obedient, and most humble servant.
TO M. DE TERNANT.[25] Philadelphia, May 15, 1793.
Sir,--Having received several memorials from the British minister on subjects arising out of the present war, I take the liberty of enclosing them to you, and shall add an explanation of the determinations of the government thereon. These will serve to indicate the principles on which it is meant to proceed; and which are to be applied, with impartiality, to the proceedings of both parties. They will form, therefore, as far as they go, a rule of action for them as for us.
In one of these memorials, it is stated, that arms and military accoutrements are now buying up by a French agent in this country, with an intent to export them to France. We have answered, &c.
* * * * *
Another of these memorials complains that the consul of France at Charleston, has condemned as legal prize, a British vessel captured by a French frigate, observing that this judicial act is not warranted by the usage of nations nor by the stipulations existing between the United States and France. It is true, &c.
* * * * *
Our information is not perfect on the subject matter of another of these memorials, which states that a vessel has been fitted out at Charleston, manned there, and partly too with citizens of the United States, received a commission there to cruise against nations at peace with us, and has taken and sent a British vessel into this port. Without taking all these facts for granted, we have not hesitated to express our highest disapprobation of the conduct of any of our citizens who may personally engage in committing hostilities at sea against any of the nations, parties to the present war, and to declare, that if the case has happened, or that should it happen, we will exert all the measures with which the laws and Constitution have armed us, to discover such offenders and bring them to condign punishment. And that the like conduct shall be observed, should the like enterprises be attempted against your nation, I am authorized to give you the most unreserved assurances.
* * * * *
The capture of the British ship Grange, by the French frigate l'Embuscade, within the Delaware, has been the subject of a former letter to you. On full and mature consideration, the government deems the capture to have been unquestionably within its jurisdiction, and that according to the rules of neutrality and the protection it owes to all persons while within its limits, it is bound to see that the crew be liberated, and the vessel and cargo restored to their former owners. The Attorney General of the United States has made a statement of the grounds of this determination, a copy of which I have the honor to enclose you. I am, in consequence, charged by the President of the United States to express to you his expectation, and at the same time his confidence, that you will be pleased to take immediate and effectual measures for having the ship Grange and her cargo restored to the British owners, and the persons taken on board her set at liberty.
I am persuaded, Sir, you will be sensible, on mature consideration, that in forming these determinations, the government of the United States has listened to nothing but the dictates of immutable justice; they consider the rigorous exercise of that virtue as the surest means of preserving perfect harmony between the United States and the powers at war.
I have the honor to be, with sentiments of great respect, Sir, your most obedient, and most humble servant.
FOOTNOTES:
[25] [The parts of this letter which are mere repetitions of what is contained in the preceding, to the British minister, are omitted.]
TO J. MADISON.
Philadelphia, May 19, 1793.
* * * * *
I dare say you will have judged from the pusillanimity of the proclamation, from whose pen it came. A fear lest any affection should be discovered is distinguishable enough. This base fear will produce the very evil they wish to avoid. For our constituents seeing that the government does not express their mind, perhaps rather leans the other way, are coming forward to express it themselves. It was suspected that there was not a clear mind in the P's counsellors to receive Genet. The citizens, however, determined to receive him. Arrangements taken for meeting him at Gray's Ferry in a great body. He escaped that by arriving in town with the letters which brought information that he was on the road. The merchants, _i. e._ Fitzsimmons & Co., were to present an address to _the P._ on the neutrality proclaimed. It contained much wisdom, but no affection. You will see it in the papers enclosed. The citizens are determined to address _Genet_. Rittenhouse, Hutcheson, Dallas, Sargeant, &c., were at the head of it. Though a select body of only thirty was appointed to present it, yet a vast concourse of people attended him. I have not seen it; but it is understood to be the counter address. Ternant's hopes of employment in the French army turn out to be without grounds. He is told by the Minister of War expressly that the places of Marechal de Camp are all full. He thinks it more prudent, therefore, to remain in America. He delivered yesterday his letters of recall, and Mr. Genet presented his of credence. It is impossible for anything to be more affectionate, more magnanimous than the purport of his mission. We know that under present circumstances we have a right to call upon you for the guarantee of our islands. But we do not desire it. We wish you to do nothing but what is for your own good, and we will do all in our power to promote it. Cherish your own peace and prosperity. You have expressed a willingness to enter into a more liberal treaty of commerce with us; I bring full powers (and he produced them) to form such a treaty, and a preliminary decree of the National Convention to lay open our country and its colonies to you for every purpose of utility, without your participating the burthens of maintaining and defending them. We see in you the only person on earth who can love us sincerely, and merit to be so loved. In short, he offers everything, and asks nothing. Yet I know the offers will be opposed, and suspect they will not be accepted. In short, my dear Sir, it is impossible for you to conceive what is passing in our conclave; and it is evident that one or two, at least, under pretence of avoiding war on the one side, have no great antipathy to run foul of it on the other, and to make a part in the confederacy of princes against human liberty. The people in the western parts of this State have been to the excise officer, and threatened to burn his house, &c. They were blackened and otherwise disguised, so as to be unknown. He has resigned, and H. says there is no possibility of getting the law executed there, and that probably the evil will spread. A proclamation is to be issued, and another instance of my being forced to appear to approve what I have condemned uniformly from its first conception.
I expect every day to receive from Mr. Pinckney the model of the Scotch threshing machine. It was to have come in a ship which arrived three weeks ago, but the workman had not quite finished it. Mr. P. writes me word that the machine from which my model is taken, threshes eight quarters (sixty-four bushels) of oats _an hour_, with four horses and four men. I hope to get it in time to have one erected at Monticello to clean out the present crop. I enclose you the pamphlet you desired. Adieu.
TO THE GOVERNOR OF VIRGINIA.
Philadelphia, May 21, 1793.
Sir,--I have been duly honored with your favor of May the 8th, covering the letter of Mr. Newton, and that of May the 13th, with the letter of the British Consul at Norfolk and the information of Henry Tucker, all of which have been laid before the President.
The putting the several harbors of the United States into a state of defence, having never yet been the subject of deliberation and decision with the Legislature, and consequently, the necessary moneys not having been appropriated or levied, the President does not find himself in a situation competent to comply with the proposition on the subject of Norfolk.
Mr. Newton supposes, that by the treaties with France and Holland, those powers are authorized to arm vessels within our ports. A careful examination of the treaties will show, however, that no such permission has been stipulated therein. Measures are accordingly taken to correct this error as to the past, and others will be taken to prevent a repetition of it. Proceedings are ordered against Mr. Hooper and other American citizens who have participated in any hostilities against nations at peace with the United States, and circular instructions are given to the District Attorneys of the United States, to institute like prosecutions in all future similar cases. The bringing vessels to, of whatever nation, while within the limits of the protection of the United States, will be pointedly forbidden; the government being firmly determined to enforce a peaceable demeanor among all the parties within those limits, and to deal to all the same impartial measure.
I have the honor to be, with the most perfect respect, your Excellency's most obedient, and most humble servant.
TO MR. VAN BERCKEL.
Philadelphia, May 29, 1793.
Sir,--I am favored with your note of the 22d instant, stating that under circumstances of invasion and urgent danger, their High Mightinesses, the States General of the United Netherlands, had found it necessary to lay an embargo on all vessels in their ports; and that an American ship, the Hope, being involved in this general order, the master had claimed an exemption under the eighth article of our treaty, which it had been necessary to refuse him.
I have laid this note before the President of the United States, and have it in charge from him to assure you, that the United States having the utmost confidence in the sincerity and good faith with which their High Mightinesses will observe the treaty between the two countries, feel no dissatisfaction at the circumstance mentioned in your note. They are sensible that in human affairs, there are moments of difficulty and necessity, to which it is the office of friendship to accommodate its strict rights.
The President considers the explanation, which their High Mightinesses have instructed you to give of this incident, as a proof of their desire to cultivate harmony and good understanding with these United States, and charges me to assure you that he has nothing more at heart than to convince their High Mightinesses of the same amicable sentiments on the part of this country, and of the certainty with which they may count on its justice and friendship on every occasion.
I have the honor to be, with great respect and esteem, Sir, your most obedient, and most humble servant.
TO MESSRS. CARMICHAEL AND SHORT.
Philadelphia, May 31, 1793.
Gentlemen,--In my letters of October the 14th and November the 3d, 1792, I communicated to you papers and observations on the conduct of the Spanish officers on our south-western frontier, and particularly of the Baron de Carondelet, the Governor of New Orleans. These made it evident that he had industriously excited the southern Indians to war against us, and had furnished them with arms and ammunition in abundance, for that express purpose. We placed this under the view of the commissioners of Spain here, who undertook to communicate it to their court, and also to write on the subject to the Baron de Carondelet. They have lately made us communications from both these quarters; the aspect of which, however, is by no means such as to remove the causes of our dissatisfaction. I send you these communications, consisting of treaties between Spain, the Creeks, Choctaws, Chickasaws, and Cherokees, handed us by express order from their court, a speech of Baron de Carondelet to the Cherokees, and a letter from Messrs. de Viar and Jaudenes, covering that speech, and containing in itself very serious matter.
I will first observe to you, that the question stated in that letter to have been proposed to the Cherokees, what part they would take, in the event of a war between the United States and Spain? was never proposed by authority from this government. Its instructions to its agents have, on the contrary, been explicitly to cultivate, with good faith, the peace between Spain and the Indians; and from the known prudence and good conduct of Governor Blount, to whom it is imputed, it is not believed to have been proposed by him. This proposition then, you are authorized to disavow to the court of Madrid, in the most unequivocal terms.
With respect to the treaties, the speech and the letter, you will see that they undertake to espouse the concerns of Indians within our limits; to be mediators of boundary between them and us; to guarantee that boundary to them; to support them with their whole power; and hazard to us intimations of acquiescence to avoid disagreeable results. They even propose to extend their intermeddlings to the northern Indians. These are pretensions so totally inconsistent with the usages established among the white nations, with respect to Indians living within their several limits, that it is believed no example of them can be produced, in times of peace; and they are presented to us in a manner which we cannot deem friendly. The consequence is, that the Indians, and particularly the Creeks, finding themselves so encouraged, have passed, without the least provocation on our part, from a state of peace, which appeared to be well settled, to that of serious hostility. Their murders and depredations, which, for some months, we were willing to hope were only individual aggressions, now assume the appearance of unequivocal war. Yet such is our desire of courting and cultivating the peace of all our Indian neighbors, that instead of marching at once into their country and taking satisfaction ourselves, we are peaceably requiring punishment of the individual aggressors; and, in the meantime, are holding ourselves entirely on the defensive. But this state of things cannot continue. Our citizens are entitled to effectual protection, and defensive measures are, at the same time, the most expensive and least effectual. If we find then, that peace cannot be obtained by the temperate means we are still pursuing, we must proceed to those which are extreme, and meet all the consequences, of whatever nature, or from whatever quarter they may be. We have certainly been always desirous to avoid whatever might disturb our harmony with Spain. We should be still more so, at a moment when we see that nation making part of so powerful a confederacy as is formed in Europe, and under particular good understanding with England, our other neighbor. In so delicate a position, therefore, instead of expressing our sense of these things, by way of answer to Messrs. Viar and Jaudenes, the President has thought it better that it should be done to you, and to trust to your discretion the moment, the measure, and the form of communicating it to the court of Madrid. The actual state of Europe at the time you will receive this, the solidity of the confederacy, and especially as between Spain and England, the temper and views of the former, or of both, towards us, the state of your negotiation, are circumstances which will enable you better to decide how far it may be necessary to soften, or even perhaps to suppress, the expressions of our sentiments on this subject. To your discretion, therefore, it is committed by the President, to let the court of Spain see how impossible it is for us to submit with folded arms to be butchered by these savages, and to prepare them to view, with a just eye, the more vigorous measures we must pursue to put an end to their atrocities, if the moderate ones we are now taking should fail of that effect.
Our situation on other accounts and in other quarters, is critical. The President is, therefore, constantly anxious to know the state of things with you, and I entreat you to keep him constantly and well-informed. Mr. Yznardi, the younger, lately appointed consul of the United States at Cadiz, may be a convenient channel of forwarding your letters.
I have the honor to be, with great esteem and respect, Gentlemen, your most obedient, and most humble servant.
TO JAMES MADISON.
June 2, 1793.
I wrote you on the 27th ult. You have seen in the papers that some privateers have been fitted out in Charleston by French citizens, with their own money, manned by themselves, and regularly commissioned by their nation. They have taken several prizes, and brought them into our ports. Some native citizens had joined them. These are arrested and under prosecution, and orders are sent to all the ports to prevent the equipping privateers by any persons foreign or native. So far is right. But the vessels so equipped at Charleston are ordered to leave the ports of the United States. This I think was not right. Hammand demanded further surrender of the prizes they had taken. This is refused on the principle that by the laws of war the property is transferred to the captors. You will see in a paper I enclose, Dumourier's "Address to his nation, and also Saxe Cobourg." I am glad to see a probability that the constitution of 1791, would be the term at which the combined powers would stop. Consequently, that the re-establishment of that is the worst the French have to fear. I am also glad to see that the combiners adopt the slow process of nibbling at the strong posts on the frontiers. This will give to France a great deal of time. The thing which gives me uneasiness is their internal combustion. This may by famine be rendered extreme. E. R. sets out the day after to-morrow for Virginia. I have no doubt he is charged to bring back a faithful statement of the dispositions of that State. I wish therefore he may fall into hands which will not deceive him. Have you time and the means of impressing Wilson Nicholas (who will be much with E. R.) with the necessity of giving him a strong and perfect understanding of the public mind? Considering that this journey may strengthen his nerves, and dispose him more favorably to the propositions of a treaty between the two republics, knowing that in this moment the division on that question is 4 to 1, and that the last news has no tendency to proselyte any of the majority, I have myself proposed to refer taking up the question till his return. There is too at this time a lowering disposition perceivable both in England and Spain. The former keeps herself aloof, and in a state of incommunication with us, except in the way of demand. The latter has not begun auspiciously with C. and S. at Madrid, and has lately sent 1,500 men to New Orleans, and greatly strengthened her upper posts on the Mississippi. I think it more probable than otherwise that Congress will be convened before the constitutional day. About the last of July this may be known. I should myself wish to keep their meeting off to the beginning of October, if affairs will permit it. The invasion of the Creeks is what will most likely occasion its convocation. You will see Mrs. House's death mentioned in the papers. She extinguished almost like a candle. I have not seen Mrs. Trist since, but I am told she means to give up the house immediately, and that she has suffered great loss in her own fortune by exertions hitherto to support it. Browse is not returned, nor has been heard of for some time. Bartram is extremely anxious to get a large supply of seeds of the Kentucky coffee tree. I told him I would use all my interest with you to obtain it, as I think I heard you say that some neighbors of yours had a large number of trees. Be so good as to take measures for bringing a good quantity, if possible, to Bartram when you come to Congress. Adieu. Yours affectionately.
TO MR. RANDOLPH.
Philadelphia, June 2, 1793.
Dear Sir,--I have to acknowledge the receipt of yours of May 16th, with the information always pleasing of your being all well. In addition to the news which you will see in the papers, we now have the certainty of Dumourier's operation. He had proposed an armistice to the Prince of Saxe Cobourg, which was agreed to on condition of his withdrawing his troops from the Netherlands. He did so; it was then agreed that he should march with his army (on whom he thought he could rely) to Paris, and re-establish the constitution of 1791. On which Cobourg stipulated peace on the part of the Emperor and K. of Prussia. Dumourier's army knew nothing of this. He made them believe the deputies sent from the National Assembly were to arrest and carry him to Paris to be tried for his defeat of the 18th to the 22d of March. They considered this as an injury to themselves, and really loved and confided in him. They set out with him, but very soon began to suspect his purpose was to overset the republic, and set up a king. They began to drop off in parties, and at length in a body refused to go further. On this he fled with two regiments of horse, mostly foreigners, to the Austrians. His Saxe Cobourg's address to the French nation prove all this. Hostilities recommenced; and the combiners have determined not to attempt to march to Paris, as the last year, but to take all the strong places on the frontier. This will at least give time to the republic. The first thing to be feared for them is famine. This will infallibly produce anarchy. Indeed, that joined to a draught of soldiers, has already produced some serious insurrections. It is still a comfort to see by the address of Dumourier and Saxe Cobourg that the constitution of 1791 is the worst thing which is to be forced on the French. But even the falling back to that would give wonderful vigor to our monocrats, and unquestionably affect the tone of administering our government. Indeed, I fear that if this summer should prove disastrous to the French, it will damp that energy of republicanism in our new Congress, from which I had hoped so much reformation. We have had here for a considerable time past true winter weather, quite cold enough for white frost. Though that accident has not happened, fires are still kept up, having been intermitted only for short intervals of very hot weather. I have not yet received my model of the threshing mill. I wish it may come in time for the present crop; after so mild a winter as the last we must expect weavil. My love to my dear Martha, and kiss the little ones for me. Adieu my dear Sir. Yours with constant affection.
MR. GENET, MINISTER PLENIPOTENTIARY OF FRANCE.
Philadelphia, June 5, 1793.
Sir,--In my letter of May the 15th, to M. de Ternant, your predecessor, after stating the answer which had been given to the several memorials of the British minister, of May the 8th, it was observed that a part still remained unanswered of that which respected the fitting out of armed vessels in Charleston, to cruise against nations with whom we were at peace.
In a conversation which I had afterwards the honor of holding with you, I observed that one of those armed vessels, the citizen Genet, had come into this port with a prize; that the President had thereupon taken the case into further consideration, and after mature consultation and deliberation, was of opinion, that the arming and equipping vessels in the ports of the United States to cruise against nations with whom they are at peace, was incompatible with the territorial sovereignty of the United States; that it made them instrumental to the annoyance of those nations, and thereby tended to compromit their peace; and that he thought it necessary as an evidence of good faith to them, as well as a proper reparation to the sovereignty of the country, that the armed vessels of this description should depart from the ports of the United States.
The letter of the 27th instant, with which you have honored me, has been laid before the President, and that part of it which contains your observations on this subject has been particularly attended to. The respect due to whatever comes from you, friendship for the French nation, and justice to all, have induced him to re-examine the subject, and particularly to give your representations thereon, the consideration they deservedly claim. After fully weighing again, however, all the principles and circumstances of the case, the result appears still to be, that it is the _right_ of every nation to prohibit acts of sovereignty from being exercised by any other within its limits; and the _duty_ of a neutral nation to prohibit such as would injure one of the warring powers; that the granting military commissions within the United States by any other authority than their own, it is an infringement on their sovereignty, and particularly so when granted to their own citizens to lead them to acts contrary to the duties they owe their own country; that the departure of vessels thus illegally equipped from the ports of the United States, will be but an acknowledgment of respect analogous to the breach of it, while it is necessary on their part, as an evidence of their faithful neutrality. On these considerations, Sir, the President thinks that the United States owe it to themselves and to the nations in their friendship, to expect this act of reparation on the part of vessels, marked in their very equipment with offence to the laws of the land, of which the laws of nations makes an integral part.
The expressions of friendly sentiments which we have already had the satisfaction of receiving from you, leave no room to doubt that the conclusion of the President being thus made known to you, these vessels will be permitted to give no further umbrage by their presence in the ports of the United States.
I have the honor to be, with sentiments of perfect esteem and respect, Sir, your most obedient, and most humble servant.
TO MR. HAMMOND.
Philadelphia, June 5, 1793.
Sir,--In the letter which I had the honor of writing you on the 15th of May, in answer to your several memorials of the 8th of that month, I mentioned that the President reserved for further consideration, a part of the one which related to the equipment of two privateers in the port of Charleston. The part alluded to, was that wherein you express your confidence that the executive government of the United States would pursue measures for repressing such practices in future, and for restoring to their rightful owners any captures, which such privateers might bring into the ports of the United States.
The President, after a full investigation of this subject and the most mature consideration, has charged me to communicate to you, that the first part of this application is found to be just, and that effectual measures are taken for preventing repetitions of the act therein complained of; but that the latter part, desiring restitution of the prizes, is understood to be inconsistent with the rules which govern such cases, and would, therefore, be unjustifiable towards the other party.
The principal agents in this transaction were French citizens. Being within the United States at the moment a war broke out between their own and another country, they determine to go into its defence; they purchase, they arm and equip a vessel with their own money, man it themselves, receive a regular commission from their nation, depart out of the United States, and then commence hostilities by capturing a vessel. If, under these circumstances, the commission of the captors was valid, the property, according to the laws of war, was by the capture transferred to them, and it would be an aggression on their nation, for the United States to rescue it from them, whether on the high seas or on coming into their ports. If the commission was not valid, and, consequently, the property not transferred by the laws of war to the captors, then the case would have been cognizable in our courts of admiralty, and the owners might have gone thither for redress. So that on neither supposition, would the executive be justifiable in interposing.
With respect to the United States, the transaction can be in nowise imputed to them. It was the first moment of the war, in one of their most distant ports, before measures could be provided by the government to meet all the cases which such a state of things was to produce, impossible to have been known, and therefore, impossible to have been prevented by that government.
The moment it was known, the most energetic orders were sent to every State and port of the Union, to prevent a repetition of the accident. On a suggestion that citizens of the United States had taken part in the act, one, who was designated, was instantly committed to prison, for prosecution; one or two others have been since named, and committed in like manner; and should it appear that there were still others, no measures will be spared to bring them to justice. The President has even gone further. He has required, as a reparation of their breach of respect to the United States, that the vessels so armed and equipped, shall depart from our ports.
You will see, Sir, in these proceedings of the President, unequivocal proofs of the line of strict right which he means to pursue. The measures now mentioned, are taken in justice to the one party; the ulterior measure, of seizing and restoring the prizes, is declined in justice to the other; and the evil, thus early arrested, will be of very limited effects; perhaps, indeed, soon disappear altogether.
I have the honor to be, with sentiments of respect, Sir, your most obedient, and most humble servant.
TO THE PRESIDENT OF THE UNITED STATES.
June 6, 1793.
I cannot but think that to decline the propositions of Mr. Genet on the subject of our debt, without assigning any reason at all, would have a very dry and unpleasant aspect indeed. We are then to examine what are our good reasons for the refusal, which of them maybe spoken out, and which may not. 1st. Want of confidence in the continuance of the present form of government, and consequently that _advances_ to them might commit us with their successors. This cannot be spoken out. 2d. Since they propose to take the debt in produce, it would be better for us that it should be done in moderate masses yearly, than all in one year. This cannot be professed. 3d. When M. de Calonne was Minister of Finance, a Dutch company proposed to buy up the whole of our debt, by dividing it into actions or shares. I think Mr. Claviere, now Minister of Finance, was their agent. It was observed to M. de Calonne, that to create such a mass of American paper, divide it into shares, and let them deluge the market, would depreciate the rest of our paper, and our credit in general; that the credit of a nation was a delicate and important thing, and should not be risked on such an operation. M. de Calonne, sensible of the injury of the operation to us, declined it. In May, 1791, there came, through Mr. Otto, a similar proposition from Schweizer, Jeanneret & Co. We had a communication on the subject from Mr. Short, urging this same reason strongly. It was referred to the Secretary of the Treasury, who, in a letter to yourself, assigned the reasons against it, and these were communicated to Mr. Otto, who acquiesced in them. This objection, then, having been sufficient to decline the proposition twice before, and having been urged to the two preceding forms of government (the ancient and that of 1791), will not be considered as founded in objections to the present form. 4th. The law allows the whole debt to be paid only on condition it can be done on terms _advantageous_ to the United States. The minister foresees this objection, and thinks he answers it by observing the _advantage_ which the payment in _produce_ will occasion. It would be easy to show that this was not the sort of advantage the Legislature meant, but a _lower rate of interest_. 5th. I cannot but suppose that the Secretary of the Treasury, being much more familiar than I am with the money operations of the Treasury, would, on examination, be able to derive practical objections from them. We pay to France but five per cent. The people of this country would never subscribe their money for less than six. If, to remedy this, obligations at less than five per cent. were offered, and accepted by Genet, he must part with them immediately, at a considerable discount, to indemnify the loss of the one per cent., and at still greater discount to bring them down to par with our present six per cent., so that the operation would be equally disgraceful to us and losing to them, &c., &c.
I think it very material myself to keep alive the friendly sentiments of that country, as far as can be done without risking war or double payment. If the instalments falling due this year can be advanced, without incurring those dangers, I should be for doing it. We now see by the declaration of the Prince of Saxe Cobourg, on the part of Austria and Prussia, that the ultimate point they desire is to restore the constitution of 1791. Were this even to be done before the pay days of this year, there is no doubt in my mind but that that government (as republican as the present, except in the form of its Executive) would confirm an advance so moderate in sum and time. I am sure the _nation_ of France would never suffer their government to go to war _with us_ for such a _bagatelle_, and the more surely if that bagatelle shall have been granted by us so as to _please_ and not to _displease_ the nation; so as to keep their affections engaged on our side. So that I should have no fear in advancing the instalments of this year at epochs convenient to the Treasury. But at any rate should be for assigning reasons for not changing the form of the debt. These thoughts are very hastily thrown on paper, as will be but too evident.
I have the honor to be, with sentiments of sincere attachment and respect, Sir, your most obedient, and most humble servant.
TO JAMES MADISON.
June 9, 1793.
I have to acknowledge the receipt of your two favors of May 27th and 29th, since the date of my last which was of the 2d instant. In that of the 27th you say you must not make your final exit from public life till it will be marked with justifying circumstances which all good citizens will respect, and to which your friends can appeal. To my fellow-citizens the debt of service has been fully and faithfully paid. I acknowledge that such a debt exists, that a tour of duty, in whatever line he can be most useful to his country, is due from every individual. It is not easy perhaps to say of what length exactly this tour should be, but we may safely say of what length it should not be. Not of our whole life, for instance, for that would be to be born a slave--not even of a very large portion of it. I have now been in the public service four and twenty years; one half of which has been spent in total occupation with their affairs, and absence from my own. I have served my tour then. No positive engagement, by word or deed, binds me to their further service. No commitment of their interests in any enterprise by me requires that I should see them through it. I am pledged by no act which gives any tribunal a call upon me before I withdraw. Even my enemies do not pretend this. I stand clear then of public right on all points--my friends I have not committed. No circumstances have attended my passage from office to office, which could lead them, and others through them, into deception as to the time I might remain, and particularly they and all have known with what reluctance I engaged and have continued in the present one, and of my uniform determination to return from it at an early day. If the public then has no claim on me, and my friends nothing to justify, the decision will rest on my own feelings alone. There has been a time when these were very different from what they are now; when perhaps the esteem of the world was of higher value in my eye than everything in it. But age, experience and reflection preserving to that only its due value, have set a higher on tranquillity. The motion of my blood no longer keeps time with the tumult of the world. It leads me to seek for happiness in the lap and love of my family, in the society of my neighbors and my books, in the wholesome occupations of my farm and my affairs, in an interest or affection in every bud that opens, in every breath that blows around me, in an entire freedom of rest, of motion, of thought, owing account to myself alone of my hours and actions. What must be the principle of that calculation which should balance against these the circumstances of my present existence--worn down with labors from morning to night, and day to day; knowing them as fruitless to others as they are vexatious to myself, committed singly in desperate and eternal contest against a host who are systematically undermining the public liberty and prosperity, even the rare hours of relaxation sacrificed to the society of persons in the same intentions, of whose hatred I am conscious even in those moments of conviviality when the heart wishes most to open itself to the effusions of friendship and confidence, cut off from my family and friends, my affairs abandoned to chaos and derangement, in short, giving everything I love in exchange for everything I hate, and all this without a single gratification in possession or prospect, in present enjoyment or future wish. Indeed, my dear friend, duty being out of the question, inclination cuts off all argument, and so never let there be more between you and me, on this subject.
I enclose you some papers which have passed on the subject of a new town. You will see by them that the paper Coryphæus is either undaunted or desperate. I believe that the statement enclosed has secured a decision against his proposition. I dined yesterday in a company where Morris and Bingham were, and happened to sit between them. In the course of a conversation after dinner, Morris made one of his warm declarations that after the expiration of his present senatorial term, nothing on earth should ever engage him to serve again in any public capacity. He did this with such solemnity as renders it impossible he should not be in earnest. The President is not well. Little lingering fevers have been hanging about him for a week or ten days, and affected his looks most remarkably. He is also extremely affected by the attacks made and kept up on him in the public papers. I think he feels those things more than any person I ever yet met with. I am sincerely sorry to see them. I remember an observation of yours, made when I first went to New York, that the satellites and sycophants which surrounded him had wound up the ceremonials of the government to a pitch of stateliness which nothing but his personal character could have supported, and which no character after him could ever maintain. It appears now that even his will be insufficient to justify them in the appeal of the times to common sense as the arbiter of everything. Naked he would have been sanctimoniously reverenced; but enveloped in the rags of royalty, they can hardly be torn off without laceration. It is the more unfortunate that this attack is planted on popular ground, on the love of the people to France and its cause, which is universal. Genet mentions freely enough in conversation that France does not wish to involve us in the war by our guarantee. The information from St. Domingo and Martinique is, that those two islands are disposed and able to resist any attack which Great Britain can make on them by land. A blockade would be dangerous, could it be maintained in that climate for any length of time. I delivered to Genet your letter to Roland. As the latter is out of office, he will direct it to the minister of the Interior. I found every syllable of it strictly proper. Your ploughs shall be duly attended to. Have you ever taken notice of Tull's horse-houghing plough? I am persuaded that where you wish your work to be very exact, and our great plough where a less degree will suffice, leave us nothing to wish for from other countries as to ploughs, under our circumstances. I have not yet received my threshing machine. I fear the late, long, and heavy rains must have extended to us, and effected our wheat. Adieu. Yours affectionately.
TO GOUVERNEUR MORRIS.
Philadelphia, June 13, 1793.
Dear Sir,--The insulated state in which France is placed with respect to almost all the world, by the present war, has cut off all means of addressing letters to you through other countries. I embrace the present occasion by a private individual going to France directly, to mention, that since the date of my last public letter, which was April the 24th, and which covered the President's proclamation of April, I have received your Nos. 17 to 24. M. de Ternant notified us of his recall on the 17th of May, and delivered the letter of the Provisory Executive Council to that effect. I now enclose you the President's answer to the Council, which you will be pleased to deliver; a copy of it is also enclosed, open, for your information. Mr. Genet delivered his credentials on the same day on which M. de Ternant took his leave, and was received by the President. He found himself immediately immersed in business, the consequence of this war. The incidents to which that gives daily rise, and the questions respecting chiefly France and England, fills the executive with business, equally delicate, difficult and disagreeable. The course intended to be pursued being that of a strict and impartial neutrality, decisions rendered by the President rigorously on that principle, dissatisfy both parties, and draw complaints from both. That you may have a proper idea of them, I enclose you copies of several memorials and letters, which have passed between the executive and the ministers of those two countries, which will at the same time develop the principles of the proceedings, and enable you to satisfy them in your communications, should it be necessary. I enclose also the answer given to Mr. Genet, on a proposition from him to pay up the whole of the French debt at once. While it will enable you to explain the impracticability of the operation proposed, it may put it in your power to judge of the answer which would be given to any future proposition to that effect, and perhaps to prevent their being brought forward. The bill lately passed in England, prohibiting the business of this country with France from passing through the medium of England, is a temporary embarrassment to our commerce, from the unhappy predicament of its all hanging on the pivot of London. It will be happy for us, should it be continued till our merchants may establish connections in the countries in which our produce is consumed, and to which it should go directly.
Our commissioners have proceeded to the treaty with the northwestern Indians. They write, however, that the treaty will be a month later than was expected. This delay, should it be extended, will endanger our losing the benefit of our preparations for the campaign, and consequently bring on a delicate question, whether these shall be relinquished for the result of a treaty in which we never had any confidence? The Creeks have proceeded in their depredations till they assume the appearance of formal war. It scarcely seems possible to avoid its becoming so. They are so strong and so far from us, as to make very serious addition to our Indian difficulties. It is very probable that some of the circumstances arising out of our affairs with the Indians, or with the belligerent powers of Europe, may occasion the convocation of Congress at an earlier day than that to which its meeting stands at present.
I send you the forms of the passports given here. The one in three columns is that now used; the other having been soon discontinued. It is determined that they shall be given in our own ports only, and to serve but for one voyage. It has also been determined, that they shall be given to all vessels _bona fide_ owned by American citizens _wholly_, whether built here or not. Our property, whether in the form of vessels, cargoes, or anything else, has a right to pass the seas untouched by any nation, by the law of nations; and no one has a right to ask where a vessel was built, but where is she owned? To the security which the law of nations gives to such vessels against all nations, are added particular stipulations with three of the belligerent powers. Had it not been in our power to enlarge our national stock of shipping suddenly in the present exigency, a great proportion of our produce must have remained on our hands for want of the means of transportation to market. At this time, indeed, a great proportion is in that predicament. The most rigorous measures will be taken to prevent any vessel, not wholly and _bona fide_ owned by American citizens, from obtaining our passports. It is much our interest to prevent the competition of other nations from taking from us the benefits we have a right to expect from the neutrality of our flag; and I think we may be very sure that few, if any, will be fraudulently obtained within our ports.
Though our spring has been cold and wet, yet the crops of small grain are as promising as they have ever been seen. The Hessian fly, however, to the north, and the weavil to the south of the Potomac, will probably abridge the quantity. Still it seems very doubtful whether we shall not lose more for want of the means of transportation, and I have no doubt that the ships of Sweden and Denmark would find full employment here.
We shall endeavor to get your newspapers under the care of Major Reid, the bearer of this letter.
I have the honor to be, with great respect and esteem, dear Sir, your most obedient, and most humble servant.
TO MR. PINCKNEY.
Philadelphia, June 14, 1793.
My last letters to you have been of the 7th of May and 4th instant. Since the last date, yours of April the 15th has come to hand.
I enclose you several memorials and letters which have passed between the Executive and the ministers of France and England. These will develop to you the principles on which we are proceeding between the belligerent powers. The decisions being founded in what is conceived to be rigorous justice, give dissatisfaction to both parties, and produce complaints from both. It is our duty, however, to persevere in them, and to meet the consequences. You will observe that Mr. Hammond proposes to refer to his court the determination of the President, that the prizes taken by the Citoyen Genet, could not be given up. The reasons for this are explained in the papers. Mr. Genet had stated that she was manned by French citizens. Mr. Hammond had not stated the contrary before the decision. Neither produced any proofs. It was therefore supposed that she was manned, principally, with French citizens. After the decision, Mr. Hammond denies the fact, but without producing any proof. I am really unable to say how it was; but I believe it to be certain there were very few Americans. He says, the issuing the commission, &c., by Mr. Genet, within our territory, was an infringement of our sovereignty; therefore, the proceeds of it should be given up to Great Britain. The infringement was a matter between France and us. Had we insisted on any penalty or forfeiture by way of satisfaction to our insulted rights, it would have belonged to us, not to a third party. As between Great Britain and us, considering all the circumstances explained in the papers, we deemed we did enough to satisfy her. We are, moreover, assured, that it is the standing usage of France, perhaps too of other nations in all wars, to lodge blank commissions with all their foreign consuls, to be given to every vessel of their nation, merchant or armed; without which a merchant vessel would be punished as a pirate, were she to take the smallest thing of the enemy that should fall in her way. Indeed, the place of the delivery of a commission is immaterial. As it may be sent by letter to any one, so it may be delivered by hand to him anywhere. The place of _signature by the Sovereign_ is the material thing. Were that to be done in any other jurisdiction than his own, it might draw the validity of the act into question. I mention these things, because I think it would be proper, that after considering them and such other circumstances as appear in the papers, or may occur to yourself, you should make it the subject of a conversation with the minister. Perhaps it may give you an opportunity of touching on another subject. Whenever Mr. Hammond applies to our government on any matter whatever, be it ever so new or difficult, if he does not receive his answer in two or three days or a week, we are goaded with new letters on the subject. Sometimes it is the sailing of the packet, which is made the pretext for forcing us into premature and undigested determinations. You know best how far your applications meet such early attentions, and whether you may with propriety claim a return of them; you can best judge, too, of the expediency of an intimation, that where despatch is not reciprocal, it may be expedient and justifiable that delay should be so.
Our Commissioners have set out for the place of treaty with the North Western Indians. They have learned on their arrival at Niagara that the treaty will be a month later than was expected. Should further procrastination take place, it may wear the appearance of being intended to make us lose the present campaign, for which all our preparations are made. We have had little expectations of any favorable result from the treaty; and whether for such a prospect we should give up a campaign, will be a disagreeable question. The Creeks have proceeded in their depredations and murder till they assume the appearance of unequivocal war. It scarcely seems possible to avoid its becoming so. It is very possible that our affairs with the Indians or with the belligerent powers of Europe, may occasion the convocation of Congress at an earlier day than that to which its meeting stands at present.
Though our spring has been cold and wet, yet the crops of small grain are as promising as could be desired. They will suffer, however, by the Hessian fly to the north and the weavil to the south of the Patowmac.
My letter of the 4th instant was written to go by the Packet, but hearing before its departure that Major Jackson was to go in a few days by a private vessel, it was committed to him, as is also the present letter.
I have the honor to be, with great and sincere esteem, dear Sir, your most obedient, and most humble servant.
TO M. GENET.
Philadelphia, June 17, 1793.
Sir,--I have received and laid before the President your letter of the 14th instant, stating that certain judiciary officers of the United States, contrary to the laws of nations, and the treaties subsisting between France and the United States, had arrested certain vessels and cargoes taken by a French armed vessel and brought into this port, and desiring that the authority of the President might be interposed to restore the prizes with the damages for their detention.
By the laws of this country every individual claiming a right to any article of property, may demand process from a court of justice, and decision on the validity of his claim. This is understood to be the case, which is the subject of your letter. Individuals claiming a right to the prizes, have attached them by process from the Court of Admiralty, which that Court was not free to deny, because justice is to be denied to no man. If, at the hearing of the cause, it shall be found that it is not cognizable before that Court, you may so far rely on its learning and integrity as to be assured it will so pronounce itself. In like manner, if having jurisdiction of the causes, it shall find the rights of the claimants to be null, be assured it will pronounce that nullity, and in either case the property will be restored, but whether with damages or not, the Court alone is to decide. It happens in this particular case that the rule of decision will be not the municipal laws of the United States but the law of nations, and the law maritime, as admitted and practised in all civilized countries, that the same sentence will be pronounced here, that would be pronounced in the Republic of France, or in any other country of Europe; and that if it should be unfavorable to the captors, it will be for reasons understood and acknowledged in your own country, and for the justice of which we might safely appeal to the jurists of your own country. I will add, that if the seizure should be found contrary to the treaties subsisting between France and the United States, the judges will consider these treaties as constituting a conventional law for the two nations, controlling all other laws, and will decree accordingly. The functions of the Executive are not competent to the decision of questions of property between individuals. These are ascribed to the judiciary alone, and when either persons or property are taken into their custody, there is no power in this country that can take them out. You will, therefore, be sensible, Sir, that though the President is not the organ for doing what is just in the present case, it will be effectually done by those to whom the Constitution has ascribed the duty, and be assured that the interests, the rights and the dignity of the French nation will receive within the bosom of the United States all the support which a friendly nation could desire, and a natural one yield.
I have the honor to be, with sentiments of great respect and esteem, Sir, your most obedient, and most humble servant.
TO MR. GENET.
Philadelphia, June 17, 1793.
Sir,--I shall now have the honor of answering your letter of the 1st instant, and so much of that of the 14th (both of which have been laid before the President) as relates to a vessel armed in the port of New York and about to depart from thence, but stopped by order of the Government. And here I beg leave to premise, that the case supposed in your letter, of a vessel arming for her own defence, and to repel unjust aggressions, is not that in question, nor that on which I mean to answer, because not having yet happened, as far as is known to the Government, I have no instructions on the subject. The case in question is that of a vessel armed, equipped, and manned in a port of the United States, for the purpose of committing hostilities on nations at peace with the United States.
As soon as it was perceived that such enterprises would be attempted, orders to prevent them were despatched to all the States and ports of the Union. In consequence of these, the Governor of New York, receiving information that a sloop heretofore called the Polly, now the Republican, was fitting out, arming, and manning in the port of New York, for the express and sole purpose of cruising against certain nations with whom we are at peace, that she had taken her guns and ammunition aboard, and was on the point of departure, seized the vessel. That the Governor was not mistaken in the previous indications of her object, appears by the subsequent avowal of the citizen Hauterieve, consul of France at that port, who, in a letter to the Governor, reclaims her as "Un vaisseau armé en guerre, et pret à mettre à la voile;" and describes her object in these expressions: "Cet usage etrange de la force publique contre les citoyens d'une nation amie qui se reunissent ici _pour aller defendre leur freres_," &c.; and again: "Je requiers, monsieur, l'autorité dont vous etes revetu, pour faire rendre à des Francois, à des alliés, &c., la liberté _de voler au secours de leur patrie_." This transaction being reported to the President, orders were immediately sent to deliver over the vessel, and the persons concerned in the enterprise, to the tribunals of the country, that if the act was of those forbidden by the law, it might be punished; if it was not forbidden, it might be so declared, and all persons apprized of what they might or might not do.
This, we have reason to believe, is the true state of the case, and it is a repetition of that which was the subject of my letter of the 5th instant, which animadverted, not merely on the single fact of the granting commissions of war by one nation within the territory of another, but on the aggregate of the facts; for it states the opinion of the President to be, "that the arming and equipping vessels in the ports of the United States, to cruise against nations with whom we are at peace, was incompatible with the sovereignty of the United States; that it made them instrumental to the annoyance of those nations, and thereby tended to commit their peace." And this opinion is still conceived to be not contrary to the principles of natural law, the usage of nations, the engagements which unite the two people, nor the proclamation of the President, as you seem to think.
Surely, not a syllable can be found in the last-mentioned instrument, permitting the preparation of hostilities in the ports of the United States. Its object was to enjoin on our citizens "a friendly conduct towards all the belligerent powers;" but a preparation of hostilities is the reverse of this.
None of the engagements in our treaties stipulate this permission. The XVIIth article of that of commerce, permits the armed vessels of either party to enter the ports of the other, and to depart with their prizes freely; but the entry of an armed vessel into a port, is one act; the equipping a vessel in that port, arming her, and manning her, is a different one, and not engaged by any article of the treaty.
You think, Sir, that this opinion is also contrary to the law of nature and usage of nations. We are of opinion it is dictated by that law and usage; and this had been very maturely inquired into before it was adopted as a principle of conduct. But we will not assume the exclusive right of saying what that law and usage is. Let us appeal to enlightened and disinterested judges. None is more so than Vattel. He says, L. 3. 8. 104. "Tant qu'un peuple neutre veut jouir surement de cet état, il doit montrer en toutes choses une exacte impartialité entre ceux qui se font la guerre. Car s'il favorise l'un au préjudice de l'autre, il ne pourra pas se plaindre, quand celui ci le traitera comme adhérent et associé de son ennemi. Sa neutralité seroit une neutralité frauduleuse, dont personne ne veut être la dupe. Voyons donc en quoi consiste cette impartialité qu'un peuple neutre doit garder.
"Elle se rapporte uniquement à la guerre, et comprend deux choses 1. Ne point donner de secours quand on n'y est pas obligé; ne fournir librement ne troupes, ni armes, ni munitions, ni rien de ce qui sert directement à la guerre. Je dis _ne point donner de secours_, et non pas _en donner egalement_; car il seroit absurde qu'un etat secourut en même tems deux ennemis. Et puis il seroit impossible de le faire avec egalité; les mêmes choses, le même nombre de troupes, la même quantitié d'armes, de munitions, &c., fournies en des circonstances differentes, ne forment plus des secours equivalents," &c. If the neutral power may not, consistent with its neutrality, furnish men to either party, for their aid in war, as little can either enrol them in the neutral territory by the law of nations. Wolf, S. 1174, says, "Puisque le droit de lever des soldats est un droit de majesté, qui ne peut être violé par une nation etrangere, il n'est pas permis de lever des soldats sur le territorie d'autrui, sans le consentement du mâitre du territorie." And Vattel, before cited, L. 3. 8. 15. "Le droit de lever des soldats appartenant uniquement à la nation, on au souverain, personne ne peut en envoler en pays etranger sans la permission du souveraine: Ceux qui entre prennant d'engager des soldats en pays etranger sans la permission du souverain, et en general quiquonque debauche les sujets d'autrui, viole un des droits les plus sacrés du prince et de la nation. C'est le crime qu'on appelle _plagiat_, ou vol d'homme. Il n'est aucun etat police qui ne le punisse très sévérement," &c. For I choose to refer you to the passage, rather than follow it through all its developments. The testimony of these, and other writers, on the law and usage of nations, with your own just reflections on them, will satisfy you that the United States, in prohibiting all the belligerent powers from equipping, arming, and manning vessels of war in their ports, have exercised a right and a duty, with justice and with great moderation. By our treaties with several of the belligerent powers, which are a part of the laws of our land, we have established a state of peace with them. But, without appealing to treaties, we are at peace with them all by the law of nature. For by nature's law, man is at peace with man till some aggression is committed, which, by the same law, authorizes one to destroy another as his enemy. For our citizens, then, to commit murders and depredations on the members of nations at peace with us, or combine to do it, appeared to the Executive, and to those with whom they consulted, as much against the laws of the land, as to murder or rob, or combine to murder or rob its own citizens; and as much to require punishment, if done within their limits, where they have a territorial jurisdiction, or on the high seas, where they have a personal jurisdiction, that is to say, one which reaches their own citizens only, this being an appropriate part of each nation on an element where all have a common jurisdiction. So say our laws, as we understand them ourselves. To them the appeal is made; and whether we have construed them well or ill, the constitutional judges will decide. Till that decision shall be obtained, the government of the United States must pursue what they think right with firmness, as is their duty. On the first attempt that was made, the President was desirous of involving in the censures of the law as few as might be. Such of the individuals only, therefore, as were citizens of the United States, were singled out for prosecution. But this second attempt being after full knowledge of what had been done on the first, and indicating a disposition to go on in opposition to the laws, they are to take their course against all persons concerned, whether citizens or aliens; the latter, while within our jurisdiction and enjoying the protection of the laws, being bound to obedience to them, and to avoid disturbances of our peace within, or acts which would commit it without, equally as citizens are. I have the honor to be, with sentiments of great respect and esteem, Sir, your most obedient, and most humble servant.
TO MR. HAMMOND.
Philadelphia, June 19, 1793.
Sir,--I had the honor to address you a letter on the 29th of May was twelvemonth, on the articles still unexecuted of the treaty of peace between the two nations. The subject was extensive and important, and therefore rendered a certain degree of delay in the reply to be expected. But it has now become such as naturally to generate disquietude. The interest we have in the western posts, the blood and treasure which their detention costs us daily, cannot but produce a corresponding anxiety on our part. Permit me, therefore, to ask when I may expect the honor of a reply to my letter, and to assure you of the sentiments of respect with which I have the honor to be, Sir, your most obedient, and most humble servant.
TO J. MADISON.
June 23, 1793.
Dear Sir,--My last was of the 17th, if I may reckon a single line anything. Yours of the 13th came to hand yesterday. The proclamation as first proposed was to have been a declaration of neutrality. It was opposed on these grounds: 1. That a declaration of neutrality was a declaration there should be no war, to which the Executive was not competent. 2. That it would be better to hold back the declaration of neutrality, as a thing worth something to the powers at war, that they would bid for it, and we might reasonably ask a price, the _broadest privileges_ of neutral nations. The first objection was so far respected as to avoid inserting the term _neutrality_, and the drawing the instrument was left to E. R. That there should be a proclamation was passed unanimously with the approbation or the acquiescence of all parties. Indeed, it was not expedient to oppose it altogether, lest it should prejudice what was the next question, the boldest and greatest that ever was hazarded, and which would have called for extremities had it prevailed. Spain is unquestionably picking a quarrel with us. A series of letters from her commissioners here prove it. We are sending a courier to Madrid. The inevitableness of war with the Creeks, and the probability, I might say the certainty of it with Spain, (for there is not one of us who doubts it,) will certainly occasion your convocation, at what time I cannot exactly say, but you should be prepared for this important change in the state of things. The President has got pretty well again; he sets off this day to Mount Vernon, and will be absent a fortnight. The death of his manager, hourly expected, of a consumption is the call; he will consequently be absent on the 4th of July. He travels in a phaeton and pair. Doctor Logan sends you the enclosed pamphlet. Adieu. Yours affectionately.
INDEX TO VOL. III.
Adams, John--His alienation from Mr. Jefferson, 257. His anonymous contributions to newspapers, 267. Letter from Jefferson explaining the difference between them, 270. Friendly relations with Jefferson restored, 292.
Algiers--War with our best policy, 164. (See Barbary States). Provision for our prisoners, 269, 436, 533.
America--Origin of the aborigines of, 109.
Apportionment--Bill apportioning representation, 348.
Aubaine, Droit d'--Law of in France in relation to our citizens, 189. Its abolition in France, 259.
Baily, M.--Made mayor of Paris, 78.
Bank of United States--Shares taken immediately, 268.
Bankrupt Bill--495.
Barclay, Thomas--His second mission to Morocco, 261.
Barbary States--Barclay's mission to, 261. Letter to Emperor of Morocco, 264. Provision for Algerine prisoners, 209, 436, 533.
Billon--Report of National Assembly of France on, 207.
Bill of Rights--Constitution should be so amended as to insert one, 3, 13. Arguments for and against Bill of Rights, 4, 13, 201. Amendments proposed by Jefferson, 100, 101.
Boundary--Difficulties on our Eastern Boundary, 230.
Canals--The Potomac and Ohio Canal, 29. The Big Beaver and Cayahoga Canal, 30.
Capitol--Plans for Capitol at Washington, 507, 508. Dr. Thornton's plan approved, 508.
Carolina, North--(See lands public).
Census--Of United States, 205.
Chargé des Affaires--Proper form for their credentials, 142.
Charters--Whether Legislature can revoke them, 103, 108.
Cherokees--Their rights under treaty of Hopewell, 192.
Clark, Gen.--His character and talents, 217.
Commerce--Our commercial relations with England and France, 99, 100, 320. Whether, in our commercial regulations, we should discriminate in favor of France, 99, 100. Our commerce with French West Indies, 113, 114, 191, 319. Statement of our commerce with England and France, 315, 316, 317, 318. Our commercial relations with France, 509, 516. Our commercial relations with the Netherlands, 510. Our commercial relations with Great Britain, 511, 514. Our commercial relations with Spain, 512. Our commercial relations with Portugal, 533. Foreign built vessels, purchased by our citizens, stand on the same footing as to neutral rights with home-built vessels, 550.
Coinage--Employment of Mr. Drost at the mint, 139, 140, 446. Relative to copper coinage, 279. Hamilton's report on the mint, 330. (See Mint.)
Confiscation--Relative to confiscation of refugees' property at breaking out of Revolutionary war, 372, 377, 378, 380, 381, 382, 383, 384. Question of restitution after the war, 372, 385, 386. Restitution recommended by Congress, 376. Confiscation of debts due here to the English, 387. Debts not confiscated during war survive it, 406, 407. But if confiscated, the debtor released, 407, 408.
Congress--Current business before, 208. Corrupting influences brought to bear on, 360, 361, 362.
Constitutions--No such thing as a perpetual Constitution, 106, 108.
Constitution, Federal--Mr. Jefferson's opinion of, 12. Its adoption, 13. Its unpopularity in New York and Virginia, 24. The elections under, 24. Organization of Government under, 88. Amendments to, 89. Vote of States on, 207. General acquiescence in, 132. The successful operation of new government, 199, 200.
Consuls--_Native_ consuls always preferred, where they can be had, 155, 195. Consular fees, 160. Consular authentication of instruments, 160. J. Johnson sent consul to London, 176. Instructions to consuls, 187. How far exempt from duties, taxes, &c., 193. The footing on which law of nations places consuls, 295. Circular to consuls, 429. What security required of them, 429. Our right to send Consuls to French colonies, 252. Consular arrangements with Prussia, 457.
Currency--Great scarcity of metals after Revolution, 398. (See coinage).
Deane, Silas--His wretched condition, 101.
Debt.--Imprisonment for, wrong, 396, 397.
Debts, British--Remedy to recover suspended, 387, 391, 392, 393, 394, 395. Justification of the suspension, 395. Obstacles in way of recovery of in the States, 407, 408, 409, 410, 411, 412, 413, 414. No interest on allowed during war, 415, 416, 417, 418, 419, 420. Justification thereof, 416, 417, 418.
Debt, Foreign--Distinction between foreign and domestic debt, 156. Payment of foreign debt pressed, 33. Arrangement to pay officers, 37. Amount due, 91, 92. Mode of paying debt to France, 546, 575.
Debt, Public--The funding of, 152, 153, 165, 169. Funded debt above par, 283. Debt to France will not be paid in depreciated assignats, 294. Condition of public debt, 361.
Debts, State--The question of their assumption by general government, 145, 148, 159, 166, 169, 185. Arguments for and against assumption, 166. Opposition to in Virginia and North Carolina, 198.
Democracy--The participation of the people in government, 81.
Distillation--Of pure from salt water, 228.
Dumas, M.--Statement of his case and claim, 331.
Education--The schools of Europe, 313.
England--Bad health of the King of, 6, 7, 25, 34, 49, 87. Bad feeling in, towards U. States, 32. Our diplomatic relations with, 182, 203. Political relations with, 182. Infractions by United States of her treaty with, 183. Admission of our wheat by, 249. Negotiations with, through Hammond, 365, 439. Review of matters in controversy with, 365, 423, 424, 425, 426, 427. Her seizure of our slaves at end of war, 387, 391. Refuses to withdraw troops from our posts, 388. On whom the blame of not executing the treaty should fall, 400.
Europe--Political condition of, 5, 9, 25, 34, 49, 154, 163. War between Russia and Turkey, 56. War between Russia and Sweden, 92. War between England & France, 537. Relations between Spain and England, 537.
Excise--Distinction between excise and import, 17.
Federalists--The views and aims of the party, 450, 503. Strength of the party, 503. The condition of, 548.
Fisheries--Report on whale and cod fisheries, 185, 214.
Fly, Hessian--An account of, 32, 38.
France--Election to States General, 8. Question whether States should vote by persons or orders, 8, 11, 23, 27, 34, 36, 40, 41, 43. Concessions by the King, 11, 78. Riots, 22, 26. Opening of States General, 22, 26, 43. Condition of finances, 26. Large numbers of inferior Clergy returned to Assembly, 27. State of parties in National Assembly, 27, 34, 35. Majority of Clergy unite with Tiers Etat, 40, 41, 43, 44. Proposition to distribute bread among poor, 48. Tiers Etat declare themselves National Assembly, 50, 53, 57. Character of Tiers Etat, 58. Character of the Noblesse, 58. Clergy go over to Tiers Etat, 58. A Royal session proclaimed, 60. Duke of Orleans joins Tiers Etat, 62. Proceedings of Court party, 60, 61. Disaffection of soldiery, 64. King urges Nobles and Clergy to go over to Tiers Etat, 64, 65, 83. Supplies of provisions from U. S., 65, 67, 68, 69, 73. Constitutional reforms by National Assembly, 69, 70, 71, 75, 94, 97, 115. Scarcity of provisions in Paris, 73, 86, 94, 111, 117. Military intervention by the Government, 74, 75. Fall of Neckar and appointment of new minister, 85. Character of new ministry, 75. Insurrections, 76, 77, 78, 79, 84. Bastile taken and destroyed, 77, 79, 84. Fall of court ministry and recall of Neckar, 78, 79, 84. Noblesse begin to emigrate, 79, 84, 87. Massacres begin, 84, 85, 87. The Constitutional reforms contemplated by liberal party, 89, 94, 97. Internal condition of, 93, 94. Financial embarrassments of France, 97, 115, 121. Friendly disposition of National Assembly towards U. S., 99. Division of parties in National Assembly, 116. Danger of civil war, 117. The King's flight from Paris, 284, 285, 293. Plan of a French colony in America, 179. How far our people exempt from Droit d'Aubaine in France, 189. Commercial relations of, with U. S., 225, 274, 275, 356, 448. Duty on our oil, 250. Duty on our tobacco, 250, 274, 288, 289. War between France and Spain, 357. Payment of our debt, 252, 546. Suspended by French revolution, 476. Declaration of war by, against Hungary and Bohemia, 458. Our shipments to Marseilles, 486. Revolutionary government of France recognized by U. S., 489, 500, 522. Military successes of France, 494, 495, 549, 570. Effects of in United States, 502. Mr. Jefferson's views of Jacobins, 501. Reply to notification of establishment of French Republic, 518. Plan of Allies to exclude neutral commerce with, 519. Execution of King, 520. Progress of the war, 549, 570. Dumourier's desertion, 570.
Franklin, Benjamin--His declining health, 134. His death, 139. His philosophical attainments, 212. His popularity in France, 213. National Assembly of France expresses grief at his death, 218.
Freneau, Philip--Appointed clerk in State Department, 215. Circumstances under which he was appointed, 464.
Fugitives--Surrender of depends on convention, 299. Convention proposed by France, 299. Difficulties in arranging a convention with Spain, 346. Project of convention with Spanish provinces, 350. General views on conventions for delivery of fugitives, 352. Forcible seizure in Florida by Americans of slaves escaped there, 454.
Generations--Whether one generation can bind another, 103.
Genet, M.--His arrival in U. States as minister of France, 563.
Government--The best treatises on, 145. The establishment of seat of, 145, 146, 148, 152, 160. Removal of, to Philadelphia for ten years, and established permanently at Georgetown afterwards, 162, 163, 169.
Hamilton, A.--His split with Jefferson, 460, 470. His report on manufactures, 461. His strong English bias, 548. His political system, 548.
Hammond, Mr.--His negotiation with Jefferson, 365.
Hazzard, Mr.--His collection of State papers, 20.
Henry, Patrick--His views in respect to amendments to Virginia constitution, 469.
Hessian Fly--An account of, 32, 38.
Humphreys, Col. David--Sent on special mission to Europe, 180. Appointed resident minister to Portugal, 215. Sent on special mission to Algiers, 529.
Import--Distinction between import and excise, 17.
Impressment--Of American sailors by England, 204, 206. Case of Hugh Purdie, 204. Provision for impressed seamen, 335. Jefferson's views on impressment, 448. Negotiations in relation to, 525.
Indians--Treaty with Creek Indians concluded, 184. What right States have over Indians within their limits, 142, 281. Their progress in civilization, 217. Expedition against, fails, 117. Our policy towards, 246, 247. Hostility of the six nations, 248. Intrigues of the English with, 248. Disclaimed by their government, 331. Scott's expedition against, 273, 279. What right a State has over Indian territory within its limits, 192, 281. Gen. Wilkinson's expedition against, 306. Our intervention with, in favor of Spain, 358. Intrigues of Spanish agents among, 455, 459, 474, 479, 480, 566. Our conduct towards Creek Indians, 478, 479, 480. Spain incites Indians to hostility against us, 478, 479, 480. Our relations with the Indians, 478, 479, 480, 487, 581, 584. Spanish officers furnish them with arms, &c., 566.
Indies, West--View of U. S. in regard to French West Indies, 275. Commerce with, 275, 276. Insurrection of negroes in St. Domingo, 303, 306, 320, 450. Relief furnished by U. States, 492.
Insurrection--Of negroes in St. Domingo, 303, 306, 320, 450.
Jefferson, Thomas--Made Doctor of Laws by Harvard University, 14. Asks leave of absence from France, 31, 102, 121. Draws Constitutional charter to be signed by King of France, 45, 46, 47. Declines any office in U. States, 102. Declines Secretaryship of State, 124. Accepts the same, 126. Reason for this change, 131. The appointment of his Assistant, 127. Arrives in New York to enter on duties of his office, 128, 129. Elected member of American Academy of Arts and Sciences, 130. Letters of farewell to Parisian friends, 133, 134, 135, 136. His observations on the weather, 144. His illness, 155. Depredations on his property during the war, 197. His visit to eastern States, 265. His purpose to retire from the Cabinet, 467, 490, 521, 577. Delay therein, and reasons for it, 506, 531. Letter to Gen. Washington, urging him to serve a second term, 360. His negotiations with Mr. Hammond, 439. His conversations with Hammond, 365, 439. His controversy with Hamilton, 460. Statement of, to Washington, 460. Summary of his views on Constitution, 463. Hamilton's attacks upon him, 460, 470. Collection of his letters, 520. Refuses to embark in any enterprise to improve his fortune while in public office, 527.
Jones, Paul--Difficulties with Russian officers, 301. Sent Commissioner to Algiers, 431. His instructions, 431. His death, 528.
Juries--Remarks on, by Jefferson, 81.
Jurisdiction--One Sovereign not amenable to jurisdiction of another, 277.
Kaims, Lord--Jefferson's opinion of, 452.
La Fayette, Marquis de--Jefferson advises him to join Tiers Etat, 20. Embarrassment of his position, 32. Made commander in chief of National Guards, 84. Efforts to secure his release from imprisonment, 524.
Lands, Public--What included in cession of North Carolina, 229.
Laws--Collection of laws of different States, 184. No such thing as a perpetual law, 106, 108.
Law of Nations--One Sovereign not amenable to jurisdiction of another, 277. Enemy's property in our territory may be seized at beginning of the war, 369. Debts also may be confiscated, 387. Right of one party where other violates a treaty, 391. Before a foreigner can apply to executive for relief, he must exhaust his remedies in the courts, 538, 540, 541, 585. We acknowledge always the government de facto, 489, 500, 522.
Literature--Literary news of Europe, 14.
Loans--Negotiation of Holland loan, 247. Destination of Holland loan, 536.
Louis XVI.--His execution, 520.
Luzerne, Marquis de--Letter of regret to, on termination of his mission to U. S., 140, 141. Gold medal for, 170.
Measure--Standard of, 157, 161. The Standard adopted by National Assembly of France, 276. (See weights and measures.)
Mesmerism--Jefferson considers Mesmer a maniac, 212.
Ministers, Foreign--Medals presented to on leaving, 142. Breach of privilege, 453.
Mint--Arrangements for its establishment, 139, 140, 446, 509, 542. An assayer for, 542. Hamilton's report on, 330. (See coinage.)
Mississippi River--Question of the right of navigation with Spain, 172. Necessity of some port on its banks, 173, 178, 228. Negotiations in relation to, 178, 227, 233, 234, 328, 340, 341, 342, 344.
Morocco--Death of Emperor of, 357. (See Barbary States.)
Morris, Gouverneur--Appointed minister to France, 325. His instructions, 325, 329, 448. His salary, 325. Opposition to his appointment, 329.
Morris, R.--His purchases of lands in Massachusetts, 231.
Moustier, Ct. de--Letter of respect to, on terminating his mission to United States, 216.
Neckar, M.--His character, 52, 53. His popularity in France, 61, 62. His dismissal from office, 75. His recall, 78, 79.
Neutrality--Principles of, pursued by our government, 559, 561, 571, 573, 574, 582. Our efforts to preserve neutrality, 533, 535, 542, 551, 557, 564, 569, 574, 580, 583. Proclamation of, 543, 544. Circumstances attending it, 591. Invasions of our neutrality by France, 547, 558, 560, 571, 583. Existing treaties with France, &c., and duties under, 651. Hamilton's interference with this question, 552, 556. It is a question belonging to State and not Treasury department, 556. Government does not prohibit exportation of arms, ammunition, &c., but leaves them to be confiscated, if seized, 558, 560. Punishment of our citizens for invasions of, 559, 574. The equipment and arming of vessels in our waters, violation of our neutrality, 559, 561, 571, 573, 586, 587, 588, 589. Right of France and Holland under pre-existing treaties, to arm and equip vessels in our ports, 564. Circumstances under which French vessels were armed and equipped in our ports, 573. Difficulties with French and English ministers, 585, 586.
Office--Rotation in, 18.
Olive--Introduction of, culture in South Carolina, 475.
Orleans, Duke of--Goes over to the Tiers Etat, 62. His character, 95. His faction, 118.
Pagan, Thomas--Memorial in his case, 308. Answer thereto, 335. Merits of his case, 538.
Paine, Thomas--Extract of letter from, 32. Sensation produced by his pamphlet "The Rights of Man," 267, 279.
Passports--For sea vessels and mode of distributing them, 555. To whom and on what conditions granted, 581.
Pinckney, Thomas--Appointed minister to England, 298, 321. His letters of credence, 441. Instructions to, 442.
Portugal--Establishment of mission to, 174, 175. Health of Queen of, 359. Her successor, 359. Commercial relations with, 488.
Post-Office--Plan to increase speed of posts, 344.
President, The--Question of his re-eligibility, 13.
Prisoners--Redemption of Algerine prisoners, 112, 531. (See Barbary States.)
Privateering--Proposition to abandon it in time of war, 477.
Proclamation--Against whiskey riots in Pennsylvania, 471.
Randolph, Edward--His vacillation in Cabinet, 569.
Republicans--Their ascendency in country, 491, 493.
Rhode Island--Accedes to the Union, 146.
Rice--The rice trade of France, 110.
Science--Scientific news of Europe, 15, 16.
Sea Letters--On what terms granted, and to whom, 130.
Secretaries--Proposed to give them seats on floor of Congress, 491.
Short, Wm.--Appointed resident minister at Hague, 322. His salary and outfit, 322. Joined in mission to Spain to negotiate for navigation of the Mississippi river, 328.
Slavery--Slaves escaping to Florida restored to masters, 195, 219. Difficulties in connection with fugitive slaves, 454. Efforts to elevate negro race, 291. Our slaves carried off by English at end of war, 387.
Spain--Presentation of case of Don Blas to court of, 138. Independence of her colonies, 534. Invasions by, of jurisdiction of United States, 222.
States General--(See France).
State, Department of--Statement of accounts of, 482, 483, 484.
St. Domingo--Sends deputies to States General of France, 52. They are received, 64. Insurrection of the negroes, 303, 306, 320, 450. (See West Indies.)
Stocks, Public--Depreciation in their value, 343, 430.
Sugar--The manufacture of from maple, 158.
Ternant, M.--His alienation from Jefferson and affiliation with Hamilton, 549.
Treaties--Paramount to State laws, 402, 403, 404, 405, 406.
United States--Supply of corn from, for France, 66, 67, 68, 119, 122. Credit of, in Holland, 114. Division of parties in, 209, 363, 494, 495, 557. Invasion of our jurisdiction by Spain, 222. Prosperity of, 260. Gambling, stock-jobbing and speculating mania abroad in, 285. Condition of political parties, 361. The federalists, their views, strength, and conduct, 450, 503, 548.
Virginia--Whether her first constitution was repealable by an ordinary legislature, 202. Destruction of her records in 1781, 258. Jefferson's views of a new Constitution for, 314.
War--What amounts to levying war, 256.
Washington, George--Elected first President, 21. Letter to, from Jefferson on the occasion, 30. His health, 132, 166, 579. His pure Republicanism, 224. His visit to southern States, 245. Equestrian statue of, proposed, 347. Letter from Jefferson, urging him to serve a second term, 360. Reasons urged in favor of it, 360, 361, 362, 364. Dissensions in his Cabinet, 460. His proclamation against Pennsylvania riots, 471. Attacks upon him in newspapers, 579.
Washington City--Survey and map of, 221. Laying off the city, 236, 297, 301, 336. Reservation of public grounds, 238. Proposition to build a whole street, 300. Sale of lots, 301. Plan for Capitol and President's house, 337, 507. Dr. Thornton's model of Capitol approved, 508.
Waste--The law of, 452.
Weights and Measures--A standard of, 149, 150, 157, 161, 171, 496.
West Indies--(See Indies, West).
Whale Fishery--Of England, 112.
Wine--Mazzeis, experiment at making it in Virginia, 251, 284.