[Illustration: Book Spines, 1829 set of Jefferson Papers]

MEMOIR, CORRESPONDENCE, AND MISCELLANIES, FROM THE PAPERS OF THOMASJEFFERSON. 

Edited by Thomas Jefferson Randolph. 

[Illustration: Steel engraving by Longacre from painting of G. Stuart]

[Illustration: Titlepage of Volume One (of four)]

 EASTERN DISTRICT OF VIRGINIA, to wit:

 Be it remembered, that on the seventeenth day of January, in the fifty-third year of the Independence of the United States of America, Thomas Jefferson Randolph, of the said District, hath deposited in this office the title of a book, the right whereof he claims as proprietor, in the words following, to wit:

 "Memoir, Correspondence, and Miscellanies, from the Papers of Thomas Jefferson. Edited by Thomas Jefferson Randolph. "

 In conformity to the act of the Congress of the United States, entitled "An act for the encouragement of learning, by securing the copies of maps, charts, and books, to the authors and proprietors of such copies, during the times therein mentioned. "

 RD. JEFFRIES, Clerk of the Eastern District of Virginia. 

 CAMBRIDGE: E. W. Metcalf & Company. 

PREFACE. 

The opinion universally entertained of the extraordinary abilities ofThomas Jefferson, and the signal evidence given by his country, of aprofound sense of his patriotic services, and of veneration for hismemory, have induced the Editor, who is both his Executor and theLegatee of his Manuscript Papers, to believe that an extensivepublication from them would be particularly acceptable to the Americanpeople. 

The Memoir, contained in the first volume, commences with circumstantialnotices of his earliest life; and is continued to his arrival in NewYork, in March, 1790, when he entered on the duties of the Department ofState, of which he had been just appointed Secretary. 

From the aspect of the Memoir, it may be presumed that parts of it, atleast, had been written for his own and his family's use only; and in astyle without the finish of his revising pen. There is, however, no partof it, minute and personal as it may be, which the Reader would wishto have been passed over by the Editor; whilst not a few parts of thatdescription will, by some, be regarded with a particular interest. 

The contents of the Memoir, succeeding the biographical pages, may bedesignated as follows:

I. General facts and anecdotes relating to the origin and early stagesof the contest with Great Britain. 

II. Historical circumstances relating to the Confederation of theStates. 

III. Facts and anecdotes, local and general, preliminary to theDeclaration of Independence. 

IV. An exact account of the circumstances attending that memorable act, in its preparation and its progress through Congress; with a copyfrom the original draught, _in the hand-writing of the Author;_ and aparallel column, in the same hand, showing the alterations made in thedraught by Congress. 

The Memoir will be considered not a little enriched by the Debates inCongress, on the great question of Independence, as they were taken downby Mr. Jefferson at the time, and which, though in a compressed form, present the substance of what passed on that memorable occasion. This portion of the work derives peculiar value from its perfectauthenticity, being all in the hand-writing of that distinguished memberof the body; from the certainty that this is the first disclosure to theworld of those Debates; and from the probability, or rather certainty, that a like knowledge of them is not to be expected from any othersource. The same remarks are applicable to the Debates in the sameCongress, preserved in the same manner, on two of the original Articlesof Confederation. The first is the Article fixing the rate of assessingthe quotas of supply to the common Treasury: the second is the Articlewhich declares, "that in determining questions, each Colony shall haveone vote. " The Debates on both are not only interesting in themselves, but curious, also, in relation to like discussions of the same subjectson subsequent occasions. 

V. Views of the connections and transactions of the United States withforeign nations, at different periods; particularly, a narrative, withmany details, personal and political, of the causes and early course ofthe French Revolution, as exhibited to the observation of the Author, during his diplomatic residence at Paris. The narrative, with theintermingled reflections on the character and consequences of thatRevolution, fills a considerable space in the Memoir, and forms a veryimportant part of it. 

VI. Within the body of the Memoir, or referred to as an appendix, areother papers which were thought well entitled to the place they occupy. Among them, are, 1. A paper drawn up in the year 1774, as "Instructionsto our Delegates in Congress. " Though heretofore in print, it will benew to most readers; and will be regarded by all, as the most ample andprecise enumeration of British violations that had then appeared, or, perhaps, that has since been presented in a form at once so compactand so complete. 2. A Penal Code, being part of a Revised Code of Laws, prepared by appointment of the Legislature of Virginia, in 1776, withreference to the Republican form of Government, and to the principles ofhumanity congenial therewith, and with the improving spirit of the age. Annexed to the several articles, are explanatory and other remarks ofthe Author, worthy of being preserved by the aid of the press. 3. Ahistorical and critical review of the repeal of the laws establishingthe Church in Virginia; which was followed by the "Act for establishingreligious freedom. " This act, it is well known, was always held by Mr. Jefferson to be one of his best efforts in the cause of liberty, towhich he was devoted: and it is certainly the strongest legal barrierthat could be erected against a connection between Church and State, so fatal in its tendency to the purity of both. 4. An elaborate paperconcerning a Money Unit, prepared in the year 1784, and which laid thefoundation of the system adopted by Congress, for a coinage and money ofaccount. For other particulars, not here noted, the Reader is referredto the volume itself. 

The termination of the Memoir, at the date mentioned, by the Author, maybe explained by the laborious tasks assumed or not declined by him, onhis return to private life; which, with his great age, did not permithim to reduce his materials into a state proper to be embodied in such awork. 

The other volumes contain, I. Letters from 1775, to his death, addressedto a very great variety of individuals; and comprising a range ofinformation, and, in many instances, regular essays, on subjects ofHistory, Politics, Science, Morals, and Religion. The letters to himare omitted, except in a very few instances, where it was supposed theirpublication would be generally acceptable, from the important characterof the communication, or the general interest in the views of thewriter; or where the whole or a part of a letter had been filed for thebetter understanding of the answer. 

In these cases, such letters are inserted in the body of the work, orin an appendix, as their importance, and connection with the subjectdiscussed by the author, rendered advisable. And where inferences fromthe tenor of the answer, might in any way affect the correspondent, his name does not appear in the copy filed. The historical parts of theletters, and the entire publication, have the rare value of comingfrom one of the chief actors himself, and of being written, not for thepublic eye, but in the freedom and confidence of private friendship. 

II. Notes of conversations, whilst Secretary of State, with PresidentWashington, and others high in office; and memoranda of CabinetCouncils, committed to paper on the spot, and filed; the whole, withthe explanatory and miscellaneous additions, showing the views andtendencies of parties, from the year 1789 to 1800. 

Appended to the publication, is a 'Facsimile' of the rough draught ofthe Declaration of Independence, in which will be seen the erasures, interlineations, and additions of Dr. Franklin and Mr. Adams, two of theappointed Committee, in the handwriting of each. 

The Editor, though he cannot be insensible to the genius, the learning, the philosophic inspiration, the generous devotion to virtue, and thelove of country, displayed in the writings now committed to the press, is restrained, not less by his incompetency, than by his relation to theAuthor, from dwelling on themes which belong to an eloquence that can dojustice to the names of illustrious benefactors to their country and totheir fellow men. 

Albemarle, Va. , January, 1829. 

[Illustration: Page One of Jefferson's Memoir, page001]

MEMOIR. 

January 6, 1821. At the age of 77, I begin to make some memoranda, andstate some recollections of dates and facts concerning myself, for myown more ready reference, and for the information of my family. 

The tradition in my father's family was, that their ancestor came tothis country from Wales, and from near the mountain of Snowden, thehighest in Great Britain. I noted once a case from Wales, in the lawreports, where a person of our name was either plaintiff or defendant;and one of the same name was secretary to the Virginia Company. Theseare the only instances in which I have met with the name in thatcountry. I have found it in our early records; but the first particularinformation I have of any ancestor was of my grandfather, who livedat the place in Chesterfield called Ozborne's, and owned the landsafterwards the glebe of the parish. He had three sons; Thomas who diedyoung, Field who settled on the waters of Roanoke and left numerousdescendants, and Peter, my father, who settled on the lands I still own, called Shadwell, adjoining my present residence. He was born February29, 1707-8, and intermarried 1739, with Jane Randolph, of the age of19, daughter of Isham Randolph, one of the seven sons of that name andfamily settled at Dungeoness in Goochland. They trace their pedigree farback in England and Scotland, to which let every one ascribe the faithand merit he chooses. 

My father's education had been quite neglected; but being of a strongmind, sound judgment, and eager after information, he read muchand improved himself, insomuch that he was chosen, with Joshua Fry, professor of Mathematics in William and Mary college, to continue theboundary line between Virginia and North Carolina, which had been begunby Colonel Byrd; and was afterwards employed with the same Mr. Fry, tomake the first map of Virginia which had ever been made, that of CaptainSmith being merely a conjectural sketch. They possessed excellentmaterials for so much of the country as is below the Blue Ridge; littlebeing then known beyond that Ridge. He was the third or fourth settler, about the year 1737, of the part of the country in which I live. He diedAugust 17th, 1757, leaving my mother a widow, who lived till 1776, withsix daughters and two sons, myself the elder. To my younger brotherhe left his estate on James river, called Snowden, after the supposedbirth-place of the family: to myself, the lands on which I was born andlive. He placed me at the English school at five years of age; and atthe Latin at nine, where I continued until his death. My teacher, Mr. Douglas, a clergyman from Scotland, with the rudiments of the Latin andGreek languages, taught me the French; and on the death of my father, Iwent to the Reverend Mr. Maury, a correct classical scholar, with whomI continued two years; and then, to wit, in the spring of 1760, went toWilliam and Mary college, where I continued two years. It was my greatgood fortune, and what probably fixed the destinies of my life, thatDr. William Small of Scotland was then professor of Mathematics, a manprofound in most of the useful branches of science, with a happy talentof communication, correct and gentlemanly manners, and an enlarged andliberal mind. He, most happily for me, became soon attached to me, andmade me his daily companion when not engaged in the school; and from hisconversation I got my first views of the expansion of science, andof the system of things in which we are placed. Fortunately, thephilosophical chair became vacant soon after my arrival at college, andhe was appointed to fill it per interim: and he was the first who evergave, in that college, regular lectures in Ethics, Rhetoric, and Belleslettres. He returned to Europe in 1762, having previously filled upthe measure of his goodness to me, by procuring for me, from his mostintimate friend George Wythe, a reception as a student of Law, under hisdirection, and introduced me to the acquaintance and familiar table ofGovenor Fauquier, the ablest man who had ever filled that office. With him, and at his table, Dr. Small and Mr. Wythe, his _amici omniumhorarum, _ and myself, formed a _partie quarrée, _ and to the habitualconversations on these occasions I owed much instruction. Mr. Wythecontinued to be my faithful and beloved Mentor in youth, and my mostaffectionate friend through life. In 1767, he led me into the practiceof the law at the bar of the General Court, at which I continued untilthe Revolution shut up the courts of justice. *

 * For a sketch of the life and character of Mr. Wythe, see my letter of August 31, 1820, to Mr. John Saunderson. [See Appendix, note A. ]

In 1769, I became a member of the legislature by the choice of thecounty in which I live, and so continued until it was closed by theRevolution. I made one effort in that body for the permission of theemancipation of slaves, which was rejected: and indeed, during theregal government, nothing liberal could expect success. Our minds werecircumscribed within narrow limits, by an habitual belief that it wasour duty to be subordinate to the mother country in all matters ofgovernment, to direct all our labors in subservience to her interests, and even to observe a bigoted intolerance for all religions but hers. The difficulties with our representatives were of habit and despair, not of reflection and conviction. Experience soon proved that they couldbring their minds to rights, on the first summons of their attention. But the King's Council, which acted as another house of legislature, held their places at will, and were in most humble obedience to thatwill: the Governor too, who had a negative on our laws, held by the sametenure, and with still greater devotedness to it: and, last of all, theRoyal negative closed the last door to every hope of melioration. 

On the 1st of January, 1772, I was married to Martha Skelton, widow ofBathurst Skelton, and daughter of John Wayles, then twenty-threeyears old. Mr. Wayles was a lawyer of much practice, to which hewas introduced more by his great industry, punctuality and practicalreadiness, than by eminence in the science of his profession. He wasa most agreeable companion, full of pleasantry and good humor, andwelcomed in every society. He acquired a handsome fortune, and died inMay, 1773, leaving three daughters: the portion which came on thatevent to Mrs. Jefferson, after the debts should be paid, which werevery considerable, was about equal to my own patrimony, and consequentlydoubled the ease of our circumstances. 

When the famous Resolutions of 1765, against the Stamp-act, wereproposed, I was yet a student of law in Williamsburg. I attended thedebate, however, at the door of the lobby of the House of Burgesses, andheard the splendid display of Mr. Henry's talents as a popular orator. They were great indeed; such as I have never heard from any other man. He appeared to me, to speak as Homer wrote. Mr. Johnson, a lawyer, andmember from the Northern Neck, seconded the resolutions, and by him thelearning and logic of the case were chiefly maintained. My recollectionsof these transactions may be seen page 60 of the "Life of PatrickHenry, " by Wirt, to whom I furnished them. 

In May, 1769, a meeting of the General Assembly was called by theGovernor, Lord Botetourt. I had then become a member; and to thatmeeting became known the joint resolutions and address of the Lordsand Commons of 1768-9, on the proceedings in Massachusetts. Counter-resolutions, and an address to the King by the House ofBurgesses, were agreed to with little opposition, and a spiritmanifestly displayed itself of considering the cause of Massachusetts asa common one. The Governor dissolved us: but we met the next day inthe Apollo* of the Raleigh tavern, formed ourselves into a voluntaryconvention, drew up articles of association against the use of anymerchandise imported from Great Britain, signed and recommended themto the people, repaired to our several counties, and were re-electedwithout any other exception than of the very few who had declined assentto our proceedings. 

 * The name of a public room in the Raleigh. 

Nothing of particular excitement occurring for a considerable time, our countrymen seemed to fall into a state of insensibility to oursituation; the duty on tea, not yet repealed, and the declaratory act ofa right in the British Parliament, to bind us by their laws in all caseswhatsoever, still suspended over us. But a court of inquiry held inRhode Island in 1762, with a power to send persons to England to betried for offences committed here, was considered, at our session of thespring of 1773, as demanding attention. Not thinking our old andleading members up to the point of forwardness and zeal which the timesrequired, Mr. Henry, Richard Henry Lee, Francis L. Lee, Mr. Carr, andmyself agreed to meet in the evening, in a private room of the Raleigh, to consult on the state of things. There may have been a member or twomore whom I do not recollect. We were all sensible that the most urgentof all measures was that of coming to an understanding with all theother colonies, to consider the British claims as a common cause to all, and to produce a unity of action: and for this purpose that a committeeof correspondence in each colony would be the best instrument forintercommunication: and that their first measure would probably be, topropose a meeting of deputies from every colony, at some central place, who should be charged with the direction of the measures which should betaken by all. We therefore drew up the resolutions which may be seen inWirt, page 87. The consulting members proposed to me to move them, but Iurged that it should be done by Mr. Carr, my friend and brother-in-law, then a new member, to whom I wished an opportunity should be given ofmaking known to the house his great worth and talents. It was so agreed;he moved them, they were agreed to _nem. Con. _ and a committee ofcorrespondence appointed, of whom Peyton Randolph, the speaker, waschairman. 

The Governor (then Lord Dunmore) dissolved us, but the committee metthe next day, prepared a circular letter to the speakers, of the othercolonies, inclosing to each a copy of the resolutions, and left it incharge with their chairman to forward them by expresses. 

The origination of these committees of correspondence between thecolonies, has been since claimed for Massachusetts, and Marshall * hasgiven in to this error, although the very note of his appendix to whichhe refers, shows that their establishment was confined to their owntowns. This matter will be seen clearly stated in a letter of SamuelAdams Wells to me of April 2nd, 1819, and my answer of May 12th. I wascorrected by the letter of Mr. Wells in the information I had givenMr. Wirt, as stated in his note, page 87, that the messengers ofMassachusetts and Virginia crossed each other on the way, bearingsimilar propositions; for Mr. Wells shows that Massachusetts did notadopt the measure, but on the receipt of our proposition, delivered attheir next session. Their message, therefore, which passed ours, musthave related to something else, for I well remember Peyton Randolph'sinforming me of the crossing of our messengers. **

 * Life of Washington, vol. Ii. P. 151. ** See Appendix, note B. 

The next event which excited our sympathies for Massachusetts, was theBoston port bill, by which that port was to be shut up on the 1st ofJune, 1774. This arrived while we were in session in the spring of thatyear. The lead in the House, on these subjects, being no longer left tothe old members, Mr. Henry, R. H. Lee, Fr. L. Lee, three or four othermembers, whom I do not recollect, and myself, agreeing that we mustboldly take an unequivocal stand in the line with Massachusetts, determined to meet and consult on the proper measures, in the councilchamber, for the benefit of the library in that room. We were underconviction of the necessity of arousing our people from the lethargyinto which they had fallen, as to passing events; and thought that theappointment of a day of general fasting and prayer, would be most likelyto call up and alarm their attention. No example of such a solemnity hadexisted since the days of our distress in the war of '55, since whicha new generation had grown up. With the help, therefore, of Rushworth, whom we rummaged over for the revolutionary precedents and forms ofthe Puritans of that day, preserved by him, we cooked up a resolution, somewhat modernizing their phrases, for appointing the 1st day ofJune, on which the port bill was to commence, for a day of fasting, humiliation, and prayer, to implore Heaven to avert from us the evils ofcivil war, to inspire us with firmness in support of our rights, and toturn the hearts of the King and Parliament to moderation and justice. To give greater emphasis to our proposition, we agreed to wait the nextmorning on Mr. Nicholas, whose grave and religious character was more inunison with the tone of our resolution, and to solicit him to move it. We accordingly went to him in the morning. He moved it the same day; the1st of June was proposed; and it passed without opposition. The Governordissolved us, as usual. We retired to the Apollo, as before, agreedto an association, and instructed the committee of correspondenceto propose to the corresponding committees of the other colonies, toappoint deputies to meet in Congress at such place, annually, as shouldbe convenient, to direct, from time to time, the measures required bythe general interest: and we declared that an attack on any one colonyshould be considered as an attack on the whole. This was in May. Wefurther recommended to the several counties to elect deputies to meetat Williamsburg, the 1st of August ensuing, to consider the state ofthe colony, and particularly to appoint delegates to a general Congress, should that measure be acceded to by the committees of correspondencegenerally. It was acceded to; Philadelphia was appointed for the place, and the 5th of September for the time of meeting. We returned home, andin our several counties invited the clergy to meet assemblies of thepeople on the 1st of June, to perform the ceremonies of the day, andto address to them discourses suited to the occasion. The people metgenerally, with anxiety and alarm in their countenances, and the effectof the day, through the whole colony, was like a shock of electricity, arousing every man and placing him erect and solidly on his centre. Theychose, universally, delegates for the convention. Being elected one formy own county, I prepared a draught of instructions to be given to thedelegates whom we should send to the Congress, which I meant to proposeat our meeting. [See Appendix, note C. ] In this I took the ground that, from the beginning, I had thought the only one orthodox or tenable, which was, that the relation between Great Britain and these colonieswas exactly the same as that of England and Scotland, after theaccession of James and until the union, and the same as her presentrelations with Hanover, having the same executive chief, but no othernecessary political connection; and that our emigration from England tothis country gave her no more rights over us, than the emigrationsof the Danes and Saxons gave to the present authorities of the mothercountry, over England. In this doctrine, however, I had never been ableto get any one to agree with me but Mr. Wythe. He concurred in it fromthe first dawn of the question, What was the political relation betweenus and England? Our other patriots, Randolph, the Lees, Nicholas, Pendleton, stopped at the half-way house of John Dickinson, who admittedthat England had a right to regulate our commerce, and to lay duties onit for the purposes of regulation, but not of raising revenue. But forthis ground there was no foundation in compact, in any acknowledgedprinciples of colonization, nor in reason: expatriation being a naturalright, and acted on as such, by all nations, in all ages. I set out forWilliamsburg some days before that appointed for the meeting, but takenill of a dysentery on the road, and was unable to proceed, I sent on, therefore, to Williamsburg two copies of my draught, the one under coverto Peyton Randolph, who I knew would be in the of the convention, theother to Patrick Henry. Whether Mr. Henry disapproved the ground taken, or was too lazy to read it (for he was the laziest man in reading I everknew) I never learned: but he communicated it to nobody. Peyton Randolphinformed the convention he had received such a paper from a member, prevented by sickness from offering it in his place, and he laid it onthe table for perusal. It was read generally by the members, approved bymany, though thought too bold for the present state of things; but theyprinted it in pamphlet form, under the title of 'A Summary View of theRights of British America. ' It found its way to England, was taken upby the opposition, interpolated a little by Mr. Burke so as to make itanswer opposition purposes, and in that form ran rapidly through severaleditions. This information I had from Parson Hurt, who happened at thetime to be in London, whither he had gone to receive clerical orders;and I was informed afterwards by Peyton Randolph, that it had procuredme the honor of having my name inserted in a long list of proscriptions, enrolled in a bill of attainder commenced in one of the Houses ofParliament, but suppressed in embryo by the hasty step of events, whichwarned them to be a little cautious. Montague, agent of the House ofBurgesses in England, made extracts from the bill, copied the names, andsent them to Peyton Randolph. The names I think were about twenty, which he repeated to me, but I recollect those only of Hancock, thetwo Adamses, Peyton Randolph himself, Patrick Henry, and myself. *The convention met on the 1st of August, renewed their association, appointed delegates to the Congress, gave them instructions verytemperately and properly expressed, both as to style and matter; **and they repaired to Philadelphia at the time appointed. The splendidproceedings of that Congress, at their first session, belong to generalhistory, are known to every one, and need not therefore be noted here. They terminated their session on the 26th of October, to meet again onthe 10th of May ensuing. The convention, at their ensuing sessionof March '75, approved of the proceedings of Congress, thanked theirdelegates, and reappointed the same persons to represent the colonyat the meeting to be held in May: and foreseeing the probability thatPeyton Randolph, their president, and speaker also of the House ofBurgesses, might be called off, they added me, in that event, to thedelegation. 

 * See Girardin's History of Virginia, Appendix No. 12. Note. ** See Appendix, note D. 

Mr. Randolph was according to expectation obliged the chair of Congress, to attend the General Assembly summoned by Lord Dunmore, to meet on the1st day of June, 1775. Lord North's conciliatory propositions, as theywere called received by the Governor, and furnished the subject forwhich this assembly was convened. Mr. Randolph accordingly attended, andthe tenor of these propositions being generally known, as having beenaddressed to all the governors, he was anxious that the answer of ourAssembly, likely to be the first, should harmonise with what he knew tobe the sentiments and wishes of the body he had recently left. He fearedthat Mr. Nicholas, whose mind was not yet up to the mark of the times, would undertake the answer, and therefore pressed me to prepare it. Idid so, and, with his aid, carried it through the House, with long anddoubtful scruples from Mr. Nicholas and James Mercer, and a dash of coldwater on it here and there, enfeebling it somewhat, but finally withunanimity, or a vote approaching it. This being passed, I repairedimmediately to Philadelphia, and conveyed to Congress the first noticethey had of it. It was entirely approved there. I took my seat with themon the 21st of June. On the 24th, a committee which had been appointedto prepare a declaration of the causes of taking up arms, brought intheir report (drawn, I believe, by J. Rutledge) which, not being liked, the House recommitted it, on the 26th, and added Mr. Dickinson andmyself to the committee. On the rising of the House, the committeehaving not yet met, I happened to find myself near Governor W. Livingston, and proposed to him to draw the paper. He excused himselfand proposed that I should draw it. On my pressing him with urgency, 'Weare as yet but new acquaintances, sir, ' said he, 'why are you so earnestfor my doing it?' 'Because, ' said I, 'I have been informed that you drewthe Address to the people of Great Britain, a production, certainly, ofthe finest pen in America. ' 'On that, ' says he, 'perhaps, sir, you maynot have been correctly informed. ' I had received the information inVirginia from Colonel Harrison on his return from that Congress. Lee, Livingston, and Jay had been the committee for the draught. The first, prepared by Lee, had been disapproved and recommitted. The secondwas drawn by Jay, but being presented by Governor Livingston, had ledColonel Harrison into the error. The next morning, walking in the hallof Congress, many members being assembled, but the House formed, Iobserved Mr. Jay speaking to R. H. Lee, and leading him by the button ofhis coat to me. 'I understand, sir, ' said he to me, 'that this gentlemaninformed you, that Governor Livingston drew the Address to the peopleof Great Britain. ' I assured him at once that I had not received thatinformation from Mr. Lee and that not a word had ever passed on thesubject between Mr. Lee and myself; and after some explanations thesubject was dropped. These gentlemen had had some sparrings in debatebefore, and continued ever very hostile to each other. 

I prepared a draught of the declaration committed to us. It was toostrong for Mr. Dickinson. He still retained the hope of reconciliationwith the mother country, and was unwilling it should be lessened byoffensive statements. He was so honest a man, and so able a one, that hewas greatly indulged even by those who could not feel his scruples. Wetherefore requested him to take the paper, and put it into a formhe could approve. He did so, preparing an entire new statement, andpreserving of the former only the last four paragraphs and half of thepreceding one. We approved and reported it to Congress, who accepted it. Congress gave a signal proof of their indulgence to Mr. Dickinson, andof their great desire not to go too fast for any respectable part ofour body, in permitting him to draw their second petition to the Kingaccording to his own ideas, and passing it with scarcely any amendment. The disgust against its humility was general; and Mr. Dickinson'sdelight at its passage was the only circumstance which reconciled themto it. The vote being passed, although further observation on it wasout of order, he could not refrain from rising and expressing hissatisfaction, and concluded by saying, 'There is but one word, Mr. President, in the paper which I disapprove, and that is the wordCongress;' on which Ben Harrison rose and said, 'There is but one wordin the paper, Mr. President, of which I approve, and that is the wordCongress?'

On the 22nd of July, Dr. Franklin, Mr. Adams, R. H. Lee, and myselfwere appointed a committee to consider and report on Lord North'sconciliatory resolution. The answer of the Virginia Assembly on thatsubject having been approved, I was requested by the committee toprepare this report, which will account for the similarity of feature inthe two instruments. 

On the 15th of May, 1776, the convention of Virginia instructed theirdelegates in Congress, to propose to that body to declare the coloniesindependent of Great Britain, and appointed a committee to prepare adeclaration of rights and plan of government. 

 Here, in the original manuscript, commence the 'two preceding sheets' referred to by Mr. Jefferson, page 21, as containing 'notes' taken by him 'whilst these things were going on. ' They are easily distinguished from the body of the MS. In which they were inserted by him, being of a paper very different in size, quality, and color, from that on which the latter is written:

In Congress, Friday, June 7, 1776. The delegates from Virginia moved, in obedience to instructions from their constituents, that the Congressshould declare that these United Colonies and of right ought to be, freeand independent states, that they are absolved from all allegiance tothe British crown, and that all political connection between them andthe state of Great Britain is and ought to be, totally dissolved; thatmeasures should be immediately taken for procuring the assistance offoreign powers and a confederation be formed to bind the colonial moreclosely together. 

The House being obliged to attend at that time to some other business, the proposition was referred to the next day, when the members wereordered to attend punctually at ten o'clock. 

Saturday, June 8. They proceeded to take it into consideration, andreferred it to a committee of the whole, into which they immediatelyresolved themselves, and passed that day and Monday the 10th in debatingon the subject. 

It was argued by Wilson, Robert R. Livingston, E. Rutledge, Dickinson, and others--

That, though they were friends to the measures themselves, and saw theimpossibility that we should ever again be united with Great Britain, yet they were against adopting them at this time:

That the conduct we had formerly observed was wise and proper now, ofdeferring to take any capital step till the voice of the people drove usinto it:

That they were our power, and without them our declarations could not becarried into effect:

That the people of the middle colonies (Maryland, Delaware, Pennsylvania, the Jerseys, and New York) were not yet ripe for biddingadieu to British connection, but that they were fast ripening, and, in ashort time, would join in the general voice of America:

That the resolution, entered into by this House on the 15th of May, for suppressing the exercise of all powers derived from the crown, hadshown, by the ferment into which it had thrown these middle colonies, that they had not yet accommodated their minds to a separation from themother country:

That some of them had expressly forbidden their delegates to consentto such a declaration, and others had given no instructions, andconsequently no powers to give such consent:

That if the delegates of any particular colony had no power to declaresuch colony independent, certain they were, the others could not declareit for them; the colonies being as yet perfectly independent of eachother:

That the assembly of Pennsylvania was now sitting above stairs, theirconvention would sit within a few days, the convention of New York wasnow sitting, and those of the Jerseys and Delaware counties would meeton the Monday following, and it was probable these bodies would take upthe question of Independence, and would declare to their delegates thevoice of their state:

That if such a declaration should now be agreed to, these delegates mustretire, and possibly their colonies might secede from the Union:

That such a secession would weaken us more than could be compensated byany foreign alliance:

That in the event of such a division, foreign powers would either refuseto join themselves to our fortunes, or, having us so much in their poweras that desperate declaration would place us, they would insist on termsproportionably more hard and prejudicial:

That we had little reason to expect an alliance with those to whomalone, as yet, we had cast our eyes:

That France and Spain had reason to be jealous of that rising power, which would one day certainly strip them of all their Americanpossessions:

That it was more likely they should form a connection with the BritishCourt, who, if they should find themselves unable otherwise to extricatethemselves from their difficulties, would agree to a partition of ourterritories, restoring Canada to France, and the Floridas to Spain, toaccomplish for themselves a recovery of these colonies:

That it would not be long before we should receive certain informationof the disposition of the French court, from the agent whom we had sentto Paris for that purpose:

That if this disposition should be favorable, by waiting the event ofthe present campaign, which we all hoped would be successful, we shouldhave reason to expect an alliance on better terms:

That this would in fact work no delay of any effectual aid from suchally, as, from the advance of the season and distance of our situation, it was impossible we could receive any assistance during this campaign:

That it was prudent to fix among ourselves the terms on which we wouldform alliance, before we declared we would form one at all events:

And that if these were agreed on, and our Declaration of Independenceready by the time our Ambassador should be prepared to sail, it would beas well, as to go into that Declaration at this day. 

On the other side, it was urged by J. Adams, Lee, Wythe and others, thatno gentleman had argued against the policy or the right of separationfrom Britain, nor had supposed it possible we should ever renew ourconnection; that they had only opposed its being now declared:

That the question was not whether, by a Declaration of Independence, weshould make ourselves what we are not; but whether we should declare afact which already exists:

That, as to the people or parliament of England, we had always beenindependent of them, their restraints on our trade deriving efficacyfrom our acquiescence only, and not from any rights they possessed ofimposing them, and that so far, our connection had been federal only, and was now dissolved by the commencement of hostilities:

That, as to the King, we had been bound to him by allegiance, but thatthis bond was now dissolved by his assent to the late act of parliament, by which he declares us out of his protection, and by his levying war onus, a fact which had long ago proved us out of his protection; itbeing a certain position in law, that allegiance and protection arereciprocal, the one ceasing when the other is withdrawn:

That James the II. Never declared the people of England out of hisprotection, yet his actions proved it and the parliament declared it:

No delegates then can be denied, or ever want, a power of declaring anexistent truth:

That the delegates from the Delaware counties having declared theirconstituents ready to join, there are only two colonies, Pennsylvaniaand Maryland, whose delegates are absolutely tied up, and that thesehad, by their instructions, only reserved a right of confirming orrejecting the measure:

That the instructions from Pennsylvania might be accounted for from thetimes in which they were drawn, near a twelvemonth ago, since which theface of affairs has totally changed:

That within that time, it had become apparent that Britain wasdetermined to accept nothing less than a _carte-blanche, _ and that theKing's answer to the Lord Mayor, Aldermen, and Common Council of London, which had come to hand four days ago, must have satisfied every one ofthis point:

That the people wait for us to lead the way:

That they are in favor of the measure, though the instructions given bysome of their representatives are not:

That the voice of the representatives is not always consonant withthe voice of the people, and that this is remarkably the case in thesemiddle colonies:

That the effect of the resolution of the 15th of May has proved this, which, raising the murmurs of some in the colonies of Pennsylvaniaand Maryland, called forth the opposing voice of the freer part of thepeople, and proved them to be the majority even in these colonies:

That the backwardness of these two colonies might be ascribed, partly tothe influence of proprietary power and connections, and partly, to theirhaving not yet been attacked by the enemy:

That these causes were not likely to be soon removed, as there seemed noprobability that the enemy would make either of these the seat of thissummer's war:

That it would be vain to wait either weeks or months for perfectunanimity, since it was impossible that all men should ever become ofone sentiment on any question:

That the conduct of some colonies, from the beginning of this contest, had given reason to suspect it was their settled policy to keep in therear of the confederacy, that their particular prospect might be better, even in the worst event:

That, therefore, it was necessary for those colonies who had thrownthemselves forward and hazarded all from the beginning, to come forwardnow also, and put all again to their own hazard:

That the history of the Dutch revolution, of whom three states onlyconfederated at first, proved that a secession of some colonies wouldnot be so dangerous as some apprehended:

That a declaration of Independence alone could render it consistentwith European delicacy, for European powers to treat with us, or even toreceive an Ambassador from us:

That till this, they would not receive our vessels into their ports, nor acknowledge the adjudications of our courts of admiralty to belegitimate, in cases of capture of British vessels:

That though France and Spain may be jealous of our rising power, theymust think it will be much more formidable with the addition ofGreat Britain; and will therefore see it their interest to prevent acoalition; but should they refuse, we shall be but where we are; whereaswithout trying, we shall never know whether they will aid us or not:

That the present campaign may be unsuccessful, and therefore we hadbetter propose an alliance while our affairs wear a hopeful aspect:

That to wait the event of this campaign will certainly work delay, because, during this summer, France may assist us effectually, bycutting off those supplies of provisions from England and Ireland, onwhich the enemy's armies here are to depend; or by setting in motionthe great power they have collected in the West Indies, and calling ourenemy to the defence of the possessions they have there:

That it would be idle to lose time in settling the terms of alliance, till we had first determined we would enter into alliance:

That it is necessary to lose no time in opening a trade for our people, who will want clothes, and will want money too, for the payment oftaxes:

And that the only misfortune is, that we did not enter into alliancewith France six months sooner, as, besides opening her ports for thevent of our last year's produce, she might have marched an army intoGermany, and prevented the petty princes there, from selling theirunhappy subjects to subdue us. 

It appearing in the course of these debates, that the colonies of NewYork, New Jersey, Pennsylvania, Delaware, Maryland, and South Carolinawere not yet matured for falling from the parent stem, but that theywere fast advancing to that state, it was thought most prudent to waitawhile for them, and to postpone the final decision to July 1st: but, that this might occasion as little delay as possible, a committee wasappointed to prepare a Declaration of Independence. The committee wereJohn Adams, Dr. Franklin, Roger Sherman, Robert R. Livingston, andmyself. Committees were also appointed, at the same time, to prepare aplan of confederation for the colonies, and to state the terms properto be proposed for foreign alliance. The committee for drawing theDeclaration of Independence, desired me to do it. It was accordinglydone, and being approved by them, I reported it to the House on Friday, the 28th of June, when it was read and ordered to lie on the table. OnMonday, the 1st of July, the House resolved itself into a committee ofthe whole, and resumed the consideration of the original motion made bythe delegates of Virginia, which, being again debated through theday, was carried in the affirmative by the votes of New Hampshire, Connecticut, Massachusetts, Rhode Island, New Jersey, Maryland, Virginia, North Carolina, and Georgia. South Carolina and Pennsylvaniavoted against it. Delaware had but two members present, and theywere divided. The delegates from New York declared they were for itthemselves, and were assured their constituents were for it; but thattheir instructions having been drawn near a twelvemonth before, whenreconciliation was still the general object, they were enjoined by themto do nothing which should impede that object. They therefore thoughtthemselves not justifiable in voting on either side, and asked leave towithdraw from the question; which was given them. The committee rose andreported their resolution to the House. Mr. Edward Rutledge, of SouthCarolina, then requested the determination might be put off to thenext day, as he believed his colleagues, though they disapproved ofthe resolution, would then join in it for the sake of unanimity. Theultimate question, whether the House would agree to the resolution ofthe committee, was accordingly postponed to the next day, when it wasagain moved, and South Carolina concurred in voting for it. In themean time, a third member had come post from the Delaware counties, andturned the vote of that colony in favor of the resolution. Members of adifferent sentiment attending that morning from Pennsylvania also, hervote was changed, so that the whole twelve colonies, who were authorizedto vote at all, gave their voices for it; and, within a few days, [July9. ] the convention of New York approved of it, and thus supplied thevoid occasioned by the withdrawing of her delegates from the vote. 

Congress proceeded the same day to consider the Declaration ofIndependence, which had been reported and laid on the table the Fridaypreceding, and on Monday referred to a committee of the whole. Thepusillanimous idea that we had friends in England worth keeping termswith, still haunted the minds of many. For this reason, those passageswhich conveyed censures on the people of England were struck out, lestthey should give them offence. The clause too, reprobating the enslavingthe inhabitants of Africa, was struck out in complaisance to SouthCarolina and Georgia, who had never attempted to restrain theimportation of slaves, and who, on the contrary, still wished tocontinue it. Our northern brethren also, I believe, felt a littletender under those censures; for though their people had very few slavesthemselves, yet they had been pretty considerable carriers of them toothers. The debates having taken up the greater parts of the 2nd, 3rd, and 4th days of July, were, on the evening of the last, closed; theDeclaration was reported by the committee, agreed to by the House, andsigned by every member present, except Mr. Dickinson. As the sentimentsof men are known, not only by what they receive, but what they rejectalso, I will state the form of the Declaration as originally reported. The parts struck out by Congress shall be distinguished by a black linedrawn under them; * and those inserted by them shall be placed in themargin, or in a concurrent column. 

[Illustration: Draft of Declaration of Independence, page016]

[Illustration: Draft of Declaration of Independence, page017]

[Illustration: Draft of Declaration of Independence, page018]

[Illustration: Draft of Declaration of Independence, page019]

[Illustration: Draft of Declaration of Independence, page020]

[Illustration: Draft of Declaration of Independence, page021]

 * In this publication, the parts struck out are printed in Italics and inclosed in brackets--and those inserted are inclosed in parenthesis. 

A DECLARATION BY THE REPRESENTATIVES OF THE UNITED STATES OF AMERICA, IN_GENERAL_ CONGRESS ASSEMBLED. 

When, in the course of human events, it becomes necessary for one peopleto dissolve the political bands which have connected them with another, and to assume among the powers of the earth the separate and equalstation to which the laws of nature and of nature's God entitle them, a decent respect to the opinions of mankind requires that they shoulddeclare the causes which impel them to the separation. 

We hold these truths to be self evident: that all men are created equal;that they are endowed by their creator with [_inherent and_] (certain)inalienable rights; that among these are life, liberty, and the pursuitof happiness; that to secure these rights, governments are institutedamong men, deriving their just powers from the consent of the governed;that whenever any form of government becomes destructive of these ends, it is the right of the people to alter or abolish it, and to institutenew government, laying its foundation on such principles, and organizingits powers in such form, as to them shall seem most likely to effecttheir safety and happiness. Prudence, indeed, will dictate thatgovernments long established should not be changed for light andtransient causes; and accordingly all experience hath shown that mankindare more disposed to suffer while evils are sufferable, than to rightthemselves by abolishing the forms to which they are accustomed. Butwhen a long train of abuses and usurpations [_begun at a distinguishedperiod and_] pursuing invariably the same object, evinces a design toreduce them under absolute despotism, it is their right, it is theirduty to throw off such government, and to provide new guards for theirfuture security. Such has been the patient sufferance of these colonies;and such is now the necessity which constrains them to [_expunge_](alter) their former systems of government. The history of the presentking of Great Britain is a history of [_unremitting_] (repeated)injuries and usurpations, [_among which appears no solitary act tocontradict the uniform tenor of the rest, but all have_] (all having)in direct object the establishment of an absolute tyranny over thesestates. To prove this, let facts be submitted to a candid world [_forthe truth of which we pledge a faith yet unsullied by falsehood. _]

He has refused his assent to laws the most wholesome and necessary forthe public good. 

He has forbidden his governors to pass laws of immediate and pressingimportance, unless suspended in their operation till his assent shouldbe obtained; and, when so suspended, he has utterly neglected to attendto them. 

He has refused to pass other laws for the accommodation of largedistricts of people, unless those people would relinquish the rightof representation in the legislature, a right inestimable to them, andformidable to tyrants only. 

He has called together legislative bodies at places unusual, uncomfortable, and distant from the depository of their public records, for the sole purpose of fatiguing them into compliance with hismeasures. 

He has dissolved representative houses repeatedly [_and continually_]for opposing with manly firmness his invasions on the rights of thepeople. 

He has refused for a long time after such dissolutions to causeothers to be elected, whereby the legislative powers, incapable ofannihilation, have returned to the people at large for their exercise, the state remaining, in the mean time, exposed to all the dangers ofinvasion from without and convulsions within. 

He has endeavored to prevent the population of these states; for thatpurpose obstructing the laws for naturalization of foreigners, refusingto pass others to encourage their migrations hither, and raising theconditions of new appropriations of lands. 

He has [_suffered_] (obstructed) the administration of justice [_totallyto cease in some of these states_] (by) refusing his assent to laws forestablishing judiciary powers. 

He has made [_our_] judges dependant on his will alone for the tenure oftheir offices, and the amount and payment of their salaries. 

He has erected a multitude of new offices, [_by a self-assumed power_]and sent hither swarms of new officers to harass our people and eat outtheir substance. 

He has kept among us in times of peace standing armies [_and ships ofwar_] without the consent of our legislatures. 

He has affected to render the military independent of, and superior to, the civil power. 

He has combined with others to subject us to a jurisdiction foreign toour constitutions and unacknowledged by our laws, giving his assent totheir acts of pretended legislation for quartering large bodies of armedtroops among us; for protecting them by a mock trial from punishment forany murders which they should commit on the inhabitants of these states;for cutting off our trade with all parts of the world; for imposingtaxes on us without our consent; for depriving us [ ] in many cases ofthe benefits of trial by jury; for transporting us beyond seas to betried for pretended offences; for abolishing the free system of Englishlaws in a neighboring province, establishing therein an arbitrarygovernment, and enlarging its boundaries, so as to render it at once anexample and fit instrument for introducing the same absolute rule intothese [_states_] (colonies); for taking away our charters, abolishingour most valuable laws, and altering fundamentally the forms ofour governments; for suspending our own legislatures, and declaringthemselves invested with power to legislate for us in all caseswhatsoever. 

He has abdicated government here [_withdrawing his governors, anddeclaring us out of his allegiance and protection. _] (by declaring usout of his protection and waging war against us. )

He has plundered our seas, ravaged our coasts, burnt our towns, anddestroyed the lives of our people. 

He is at this time transporting large armies of foreign mercenaries tocomplete the works of death, desolation, and tyranny already begun withcircumstances of cruelty and perfidy [ ] (scarcely paralleled in themost barbarous ages and totally) unworthy the head of a civilizednation. 

He has constrained our fellow citizens taken captive on the high seasto bear arms against their country, to become the executioners of theirfriends and brethren, or to fall themselves by their hands. 

He has [ ] (excited domestic insurrections amoungst us and has)endeavored to bring on the inhabitants of our frontiers the mercilessIndian savages, whose known rule of warfare is an undistinguisheddestruction of all ages, sexes, and conditions [_of existence. _]

[_He has incited treasonable insurrections of our fellow citizens, withthe allurements of forfeiture and confiscation of our property. 

He has waged cruel war against human nature itself, violating its mostsacred rights of life and, liberty in the persons of a distant peoplewho never offended him, captivating and carrying them into slavery inanother hemisphere, or to incur miserable death in their transportationthither. This piratical warfare, the opprobrium of INFIDEL powers, isthe warfare of the CHRISTIAN king of Great Britain. Determined to keepopen a market where men should be bought and sold, he has prostitutedhis negative for suppressing every legislative attempt to prohibit orto restrain this execrable commerce. And that this assemblage of horrorsmight want no fact of distinguished die, he is now exciting those verypeople to rise in arms among us, and to purchase that liberty of whichhe has deprived them, by murdering the people on whom he also obtrudedthem: thus paying off former crimes committed against the liberties ofone people with crimes which he urges them to commit against the livesof another. _]

In every stage of these oppressions we have petitioned for redress inthe most humble terms: our repeated petitions have been answered only byrepeated injuries. 

A prince whose character is thus marked by every act which may define atyrant is unfit to be the ruler of a [ ] (free) people [_who mean to befree. Future ages will scarcely believe that the hardiness of one manadventured, within the short compass of twelve years only, to laya foundation so broad and so undisguised for tyranny over a peoplefostered and fixed in principles of freedom. _]

Nor have we been wanting in attentions to our British brethren. We havewarned them from time to time of attempts by their legislature to extend[_a_] (an unwarrantable) jurisdiction over [_these our states_] (us). Wehave reminded them of the circumstances of our emigration and settlementhere, [_no one of which could warrant so strange a pretension: thatthese were effected at the expense of our own blood and treasure, unassisted by the wealth or the strength of Great Britain: that inconstituting indeed our several forms of government, we had adopted onecommon king, thereby laying a foundation for perpetual league and amitywith them: but that submission to their parliament was no part of ourconstitution, nor ever in idea, if history may be credited: and, _] we [] (have) appealed to their native justice and magnanimity [_as well asto_] (and we have conjured them by) the ties of our common kindred todisavow these usurpations which [_were likely to_] (would inevitably)interrupt our connection and correspondence. They too have been deafto the voice of justice and of consanguinity, [_and when occasions havebeen given them, by the regular course of their laws, of removing fromtheir councils the disturbers of our harmony, they have, by their freeelection, re-established, them in power. At this very time too, they arepermitting their chief magistrate to send over not only soldiers of ourcommon blood, but Scotch and foreign mercenaries to invade and destroyus. These facts have given the last stab to agonizing affection, andmanly spirit bids us to renounce for ever these unfeeling brethren. Wemust endeavor to forget our former love for them, and hold them as wehold the rest of mankind, enemies in war, in peace friends. We mighthave been a free and a great people together; but a communication ofgrandeur and of freedom, it seems, is below their dignity. Be it so, since they will have it. The road to happiness and to glory is opento us too. We will tread it apart from them, and_] (We must therefore)acquiesce in the necessity which denounces our [eternal] separation [ ]!(and hold them as we hold the rest of mankind, enemies in war, in peacefriends. )

[_We therefore the representatives of the United States of America inGeneral Congress assembled, do in the name, and by the authority ofthe good people of these states reject and renounce all allegianceand subjection to the kings of Great Britain and all others who mayhereafter claim by, through, or under them; we utterly dissolve allpolitical connection which may heretofore have subsisted between us and, the people or parliament of Great Britain: and finally we do assert anddeclare these colonies to be free and independent states, and that asfree and independent states, they have full power to levy war, concludepeace, contract alliances, establish commerce, and to do all other actsand things which independent states may of right do. 

And for the support of this declaration, we mutually pledge to eachother our lives, our fortunes, and our sacred honor. _]

(We therefore the representatives of the United States of America inGeneral Congress assembled, appealing to the supreme judge of theworld for the rectitude of our intentions, do in the name, and by theauthority of the good people of these colonies, solemnly publish anddeclare, that these united colonies are, and of right ought to be, freeand independent states; that they are absolved from all allegiance tothe British crown, and that all political connection between them andthe state of Great Britain is, and ought to be, totally dissolved; andthat as free and independent states, they have full power to levy war, conclude peace, contract alliances, establish commerce, and to do allother acts and things which independent states may of right do. 

And for the support of this declaration, with a firm reliance on theprotection of divine providence, we mutually pledge to each other ourlives, our fortunes, and our sacred honor. )

The declaration thus signed on the 4th, on paper, was engrossed onparchment, and signed again on the 2nd of August. 

[* Some erroneous statements of the proceedings on the Declaration ofIndependence having got before the public in latter times, Mr. Samuel A. Wells asked explanations of me, which are given in my letter to him ofMay 12, '19, before and now again referred to. (See Appendix, note B. )I took notes in my place while these things were going on, and at theirclose wrote them out in form and with correctness, and from 1 to 7 ofthe two preceding sheets, are the originals then written; as the twofollowing are of the earlier debates on the Confederation, which I tookin like manner. ]

 * The above note of the author is on a slip of paper, pasted in at the end of the Declaration. Here is also sewed into the MS. A slip of newspaper containing, under the head 'Declaration of Independence, ' a letter from Thomas Mc'Kean to Messrs. William M'Corkle & Son, dated 'Philadelphia, June 16 1817. ' This letter is to be found in the Port Folio, Sept. 1817, p. 249. 

[Illustration: Facsimile of Declaration in Jefferson's Handwriting--p1]

[Illustration: Facsimile of Declaration in Jefferson's Handwriting--p2]

[Illustration: Facsimile of Declaration in Jefferson's Handwriting--p3]

[Illustration: Facsimile of Declaration in Jefferson's Handwriting--p4]

On Friday, July 12, the committee appointed to draw the articlesof Confederation reported them, and on the 22nd, the House resolvedthemselves into a committee to take them into consideration. On the30th and 31st of that month, and 1st of the ensuing, those articles weredebated which determined the proportion, or quota, of money which eachstate should furnish to the common treasury, and the manner of votingin Congress. The first of these articles was expressed in the originaldraught in these words. 'Art. XI. All charges of war and all otherexpenses that shall be incurred for the common defence, or generalwelfare, and allowed by the United States assembled, shall be defrayedout of a common treasury, which shall be supplied by the severalcolonies in proportion to the number of inhabitants of every age, sex, and quality, except Indians not paying taxes, in each colony, a trueaccount-of which, distinguishing the white inhabitants, shall betriennially taken and transmitted to the Assembly of the United States. '

Mr. Chase moved that the quotas should be fixed, not by the number ofinhabitants of every condition, but by that of the 'white inhabitants. 'He admitted that taxation should be always in proportion to property;that this was, in theory, the true rule; but that, from a variety ofdifficulties, it was a rule which could never be adopted in practice. The value of the property in every state, could never be estimatedjustly and equally. Some other measures for the wealth of the state musttherefore be devised, some standard referred to, which would be moresimple. He considered the number of inhabitants as a tolerably goodcriterion of property, and that this might always be obtained. Hetherefore thought it the best mode which we could adopt, with oneexception only: he observed that negroes are property, and as such, cannot be distinguished from the lands or personalities held in thosestates where there are few slaves; that the surplus of profit which aNorthern farmer is able to lay by, he invests in cattle, horses, &c. Whereas a Southern farmer lays out the same surplus in slaves. There isno more reason therefore for taxing the Southern states on the farmer'shead, and on his slave's head, than the Northern ones on their farmers'heads and the heads of their cattle: that the method proposed would, therefore, tax the Southern states according to their numbers and theirwealth conjunctly, while the Northern would be taxed on numbers only;that negroes, in fact, should not be considered as members of the state, more than cattle, and that they have no more interest in it. 

Mr. John Adams observed, that the numbers of people were taken by thisarticle, as an index of the wealth of the state, and not as subjects oftaxation; that, as to this matter, it was of no consequence by what nameyou called your people, whether by that of freemen or of slaves; thatin some countries the laboring poor were called freemen, in othersthey were called slaves; but that the difference as to the statewas imaginary only. What matters it whether a landlord employing tenlaborers on his farm, give them annually as much money as will buy themthe necessaries of life, or gives them those necessaries at short hand?The ten laborers add as much wealth annually to the state, increase itsexports as much, in the one case as the other. Certainly five hundredfreemen produce no more profits, no greater surplus for the payment oftaxes, than five hundred slaves. Therefore the state in which are thelaborers called freemen, should be taxed no more than that in which arethose called slaves. Suppose, by an extraordinary operation of natureor of law, one half the laborers of a state could in the course of onenight be transformed into slaves; would the state be made the poorer orthe less able to pay taxes? That the condition of the laboring poorin most countries, that of the fishermen particularly of the Northernstates, is as abject as that of slaves. It is the number of laborerswhich produces the surplus for taxation, and numbers, therefore, indiscriminately, are the fair index of wealth; that it is the use ofthe word 'property' here, and its application to some of the peopleof the state, which produces the fallacy. How does the Southern farmerprocure slaves? Either by importation or by purchase from his neighbor. If he imports a slave, he adds one to the number of laborers in hiscountry, and proportionably to its profits and abilities to pay-taxes;if he buys from his neighbor, it is only a transfer of a laborer fromone farm to another, which does not change the annual produce of thestate, and therefore should not change its tax: that if a Northernfarmer works ten laborers on his farm, he can, it is true, invest thesurplus of ten men's labor in cattle; but so may the Southern farmer, working ten slaves; that a state of one hundred thousand freemen canmaintain no more cattle, than one of one hundred thousand slaves. Therefore, they have no more of that kind of property; that a slave may, indeed, from the custom of speech, be more properly called the wealthof his master, than the free laborer might be called the wealth of hisemployer: but as to the state, both were equally its wealth, and shouldtherefore equally add to the quota of its tax. 

Mr. Harrison proposed, as a compromise, that two slaves should becounted as one freeman. He affirmed that slaves did not do as much workas freemen, and doubted if two effected more than one; that this wasproved by the price of labor; the hire of a laborer in the Southerncolonies being from £8 to £12, while in the Northern it was generally£24. 

Mr. Wilson said, that if this amendment should take place, the Southerncolonies would have all the benefit of slaves, whilst the Northern oneswould bear the burthen: that slaves increase the profits of a state, which the Southern states mean to take to themselves; that they alsoincrease the burthen of defence, which would of course fall so much theheavier on the Northern: that slaves occupy the places of freemen andeat their food. Dismiss your slaves, and freemen will take their places. It is our duty to lay every discouragement on the importation of slaves;but this amendment would give the _jus trium liberorum_ to him whowould import slaves: that other kinds of property were pretty equallydistributed through all the colonies: there were as many cattle, horses, and sheep, in the North as the South, and South as the North; but not soas to slaves: that experience has shown that those colonies have, beenalways able to pay most, which have the most inhabitants, whether theybe black or white: and the practice of the Southern colonies has alwaysbeen to make every farmer pay poll taxes upon all his laborers, whetherthey be black or white. He acknowledges indeed, that freemen work themost; but they consume the most also. They do not produce a greatersurplus for taxation. The slave is neither fed nor clothed soexpensively as a freeman. Again, white women are exempted from laborgenerally, but negro women are not. In this then the Southern stateshave an advantage as the article now stands. It has sometimes been saidthat slavery is necessary, because the commodities they raise would betoo dear for market if cultivated by freemen: but now it is said thatthe labor of the slave is the dearest. 

Mr. Payne urged the original resolution of Congress, to proportion thequotas of the states to the number of souls. 

Dr. Witherspoon was of opinion, that the value of lands and houses wasthe best estimate of the wealth of a nation, and that it was practicableto obtain such a valuation. This is the true barometer of wealth. Theone now proposed is imperfect in itself, and unequal between the states. It has been objected that negroes eat the food of freemen, and thereforeshould be taxed; horses also eat the food of freemen; therefore theyalso should be taxed. It has been said too, that in carrying slaves intothe estimate of the taxes the state is to pay, we do no more than thosestates themselves do, who always take slaves into the estimate of thetaxes the individual is to pay. But the cases are not parallel. Inthe Southern colonies slaves pervade the whole colony; but they donot pervade the whole continent. That as to the original resolutionof Congress, to proportion the quotas according to the souls, it wastemporary only, and related to the monies heretofore emitted; whereaswe are now entering into a new compact, and therefore stand on originalground. 

August 1. The question being put, the amendment proposed was rejectedby the votes of New Hampshire, Massachusetts, Rhode Island, Connecticut, New York, New Jersey, and Pennsylvania, against those of Delaware, Maryland, Virginia, North and South Carolina. Georgia was divided. 

The other article was in these words. 'Art. XVII. In determiningquestions, each colony shall have one vote. '

July 30, 31, August 1. Present forty-one members. Mr. Chase observedthat this article was the most likely to divide us, of any one proposedin the draught then under consideration: that the larger colonieshad threatened they would not confederate at all, if their weight inCongress should not be equal to the numbers of people they added to theconfederacy; while the smaller ones declared against a union, if theydid not retain an equal vote for the protection of their rights. That itwas of the utmost consequence to bring the parties together, as, shouldwe sever from each other, either no foreign power will ally with us atall, or the different states will form different alliances, and thusincrease the horrors of those scenes of civil war and bloodshed, whichin such a state of separation and independence, would render us amiserable people. That our importance, our interests, our peace requiredthat we should confederate, and that mutual sacrifices should be made toeffect a compromise of this difficult question. He was of opinion, the smaller colonies would lose their rights, if they were not in someinstances allowed an equal vote; and, therefore, that a discriminationshould take place among the questions which would come before Congress. That the smaller states should be secured in all questions concerninglife or liberty, and the greater ones, in all respecting property. Hetherefore proposed, that in votes relating to money, the voice of eachcolony should be proportioned to the number of its inhabitants. 

Dr. Franklin thought, that the votes should be so proportioned in allcases. He took notice that the Delaware counties had bound uptheir delegates to disagree to this article. He thought it a veryextraordinary language to be held by any state, that they would notconfederate with us, unless we would let them dispose of our money. Certainly, if we vote equally, we ought to pay equally; but the smallerstates will hardly purchase the privilege at this price. That had helived in a state where the representation, originally equal, had becomeunequal by time and accident, he might have submitted rather thandisturb government: but that we should be very wrong to set out in thispractice, when it is in our power to establish what is right. That atthe time of the Union between England and Scotland, the latter had madethe objection which the smaller states now do; but experience had provedthat no unfairness had ever been shown them: that their advocates hadprognosticated that it would again happen, as in times of old, that thewhale would swallow Jonas, but he thought the prediction reversed inevent, and that Jonas had swallowed the whale; for the Scotch had infact got possession of the government, and gave laws to the English. Hereprobated the original agreement of Congress to vote by colonies, and, therefore, was for their voting, in all cases, according to the numberof taxables. 

Dr. Witherspoon opposed every alteration of the article. All men admitthat a confederacy is necessary. Should the idea get abroad that thereis likely to be no union among us, it will damp the minds of the people, diminish the glory of our struggle, and lessen its importance; becauseit will open to our view future prospects of war and dissension amongourselves. If an equal vote be refused, the smaller states will becomevassals to the larger; and all experience has shown that the vassals andsubjects of free states are the most enslaved. He instanced the Helotsof Sparta, and the provinces of Rome. He observed that foreign powers, discovering this blemish, would make it a handle for disengaging thesmaller states from so unequal a confederacy. That the coloniesshould in fact be considered as individuals; and that, as such, in alldisputes, they should have an equal vote; that they are now collectedas individuals making a bargain with each other, and, of course, had aright to vote as individuals. That in the East India Company theyvoted by persons, and not by their proportion of stock. That the Belgicconfederacy voted by provinces. That in questions of war the smallerstates were as much interested as the larger, and therefore, should voteequally; and indeed, that the larger states were more likely to bringwar on the confederacy, in proportion as their frontier was moreextensive. He admitted that equality of representation was an excellentprinciple, but then it must be of things which are co-ordinate; thatis of things similar, and of the same nature: that nothing relatingto individuals could ever come before Congress; nothing but what wouldrespect colonies. He distinguished between an incorporating and afederal union. The union of England was an incorporating one; yetScotland had suffered by that union; for that its inhabitants were drawnfrom it by the hopes of places and employments; nor was it an instanceof equality of representation; because, while Scotland was allowednearly a thirteenth of representation, they were to pay only onefortieth of the land tax. He expressed his hopes, that in the presentenlightened state of men's minds, we might expect a lasting confederacy, if it was founded on fair principles. 

John Adams advocated the voting in proportion to numbers. He said, thatwe stand here as the representatives of the people; that in some statesthe people are many, in others they are few; that therefore their votehere should be proportioned to the numbers from whom it comes. Reason, justice, and equity never had weight enough on the face of the earth, togovern the councils of men. It is interest alone which does it, and itis interest alone which can be trusted; that therefore the interests, within doors, should be the mathematical representatives of theinterests without doors; that the individuality of the colonies is amere sound. Does the individuality of a colony increase its wealth ornumbers? If it does, pay equally. If it does not add weight in thescale of the confederacy, it cannot add to their rights, nor weigh inargument. A. Has £50, B. £500, C. £1000, in partnership. Is it just theyshould equally dispose of the monies of the partnership? It has beensaid, we are independent individuals, making a bargain together. Thequestion is not, what we are now, but what we ought to be, when ourbargain shall be made. The confederacy is to make us one individualonly; it is to form us, like separate parcels of metal, into one commonmass. We shall no longer retain our separate individuality, but becomea single individual as to all questions submitted to the confederacy. Therefore all those reasons, which prove the justice and expediency ofequal representation in other assemblies, hold good here. It has beenobjected, that a proportional vote will endanger the smaller states. We answer, that an equal vote will endanger the larger. Virginia, Pennsylvania, and Massachusetts, are the three greater colonies. Consider their distance, their difference of produce, of interests, and of manners, and it is apparent they can never have an interestor inclination to combine for the oppression of the smaller; that thesmaller will naturally divide on all questions with the larger. RhodeIsland, from its relation, similarity, and intercourse, will generallypursue the same objects with Massachusetts; Jersey, Delaware, andMaryland, with Pennsylvania. 

Dr. Rush took notice, that the decay of the liberties of the Dutchrepublic proceeded from three causes. 1. The perfect unanimity requisiteon all occasions. 2. Their obligation to consult their constituents. 3. Their voting by provinces. This last destroyed the equality ofrepresentation, and the liberties of Great Britain also are sinking fromthe same defect. That a part of our rights is deposited in the hands ofour legislatures. There, it was admitted, there should be an equality ofrepresentation. Another part of our rights is deposited in the handsof Congress; why is it not equally necessary, there should be an equalrepresentation there? Were it possible to collect the whole body of thepeople together, they would determine the questions submitted to themby their majority. Why should not the same majority decide, whenvoting here, by their representatives? The larger colonies are soprovidentially divided in situation, as to render every fear oftheir combining visionary. Their interests are different, and theircircumstances dissimilar. It is more probable they will become rivals, and leave it in the power of the smaller states to give preponderanceto any scale they please. The voting by the number of free inhabitants, will have one excellent effect, that of inducing the colonies todiscourage slavery, and to encourage the increase of their freeinhabitants. 

Mr. Hopkins observed, there were four larger, four smaller, and fourmiddle-sized colonies. That the four largest would contain more thanhalf the inhabitants of the confederating states, and therefore wouldgovern the others as they should please. That history affords noinstance of such a thing as equal representation. The Germanic bodyvotes by states. The Helvetic body does the same; and so does the Belgicconfederacy. That too little is known of the ancient confederations, tosay what was their practice. 

Mr. Wilson thought, that taxation should be in proportion to wealth, but that representation should accord with the number of freemen. Thatgovernment is a collection or result of the wills of all: that if anygovernment could speak the will of all, it would be perfect; and that, so far as it departs from this, it becomes imperfect. It has been said, that Congress is a representation of states, not of individuals. I say, that the objects of its care are all the individuals of the states. It is strange, that annexing the name of 'State' to ten thousand men, should give them an equal right with forty thousand. This must be theeffect of magic, not of reason. As to those matters which are referredto Congress, we are not so many states; we are one large state. We layaside our individuality, whenever we come here. The Germanic body isa burlesque on government: and their practice on any point, isa sufficient authority and proof that it is wrong. The greatestimperfection in the constitution of the Belgic confederacy is theirvoting by provinces. The interest of the whole is constantly sacrificedto that of the small, states. The history of the war in the reign ofQueen Anne, sufficiently proves this. It is asked, shall nine coloniesput it into the power of four, to govern them as they please? I invertthe question, and ask, shall two millions of people put it into thepower of one million, to govern them as they please? It is pretended, too, that the smaller colonies will be in danger from the greater. Speakin honest language and say, the minority will be in danger from themajority. And is there an assembly on earth, where this danger may notbe equally pretended? The truth is, that our proceedings will then beconsentaneous with the interests of the majority, and so they oughtto be. The probability is much greater, that the larger states willdisagree, than that they will combine. I defy the wit of man to invent apossible case, or to suggest any one thing on earth, which shall be forthe interests of Virginia, Pennsylvania, and Massachusetts, and whichwill not also be for the interest of the other states. *

 * Here terminate the author's notes of the 'earlier debates on the confederation, ' and recommences the MS. Begun by him in 1821. 

These articles, reported July 12, '76, were debated from day to day, andtime to time, for two years, were ratified July 9, '78, by ten states, by New-Jersey on the 26th of November of the same year, and by Delawareon the 23rd of February following. Maryland alone held off two yearsmore, acceding to them March 1, '81, and thus closing the obligation. 

Our delegation had been renewed for the ensuing year, commencingAugust 11; but the new government was now organized, a meeting of thelegislature was to be held in October, and I had been elected a memberby my county. I knew that our legislation, under the regal government, had many very vicious points which urgently required reformation, andI thought I could be of more use in forwarding that work. I thereforeretired from my seat in Congress on the 2nd of September, resigned it, and took my place in the legislature of my state, on the 7th of October. 

On the 11th, I moved for leave to bring in a bill for the establishmentof courts of justice, the organization of which was of importance. Idrew the bill; it was approved by the committee, reported and passed, after going through its due course. 

On the 12th, I obtained leave to bring in a bill declaring tenants intail to hold their lands in fee simple. In the earlier times of thecolony, when lands were to be obtained for little or nothing, someprovident individuals procured large grants; and, desirous of foundinggreat families for themselves, settled them on their descendants in feetail. The transmission of this property from generation to generation, in the same name, raised up a distinct set of families, who, beingprivileged by law in the perpetuation of their wealth, were thus formedinto a Patrician order, distinguished by the splendor and luxury oftheir establishments. From this order, too, the king habitually selectedhis Counsellors of state; the hope of which distinction devoted thewhole corps to the interests and will of the crown. To annul thisprivilege, and instead of an aristocracy of wealth, of more harm anddanger, than benefit, to society, to make an opening for the aristocracyof virtue and talent, which nature has wisely provided for the directionof the interests of society, and scattered with equal hand through allits conditions, was deemed essential to a well ordered republic. Toeffect it, no violence was necessary, no deprivation of natural right, but rather an enlargement of it by a repeal of the law. For this wouldauthorize the present holder to divide the property among his childrenequally, as his affections were divided; and would place them, bynatural generation, on the level of their fellow citizens. But thisrepeal was strongly opposed by Mr. Pendleton, who was zealously attachedto ancient establishments; and who, taken all in all, was the ablest manin debate I have ever met with. He had not indeed the poetical fancy ofMr. Henry, his sublime imagination, his lofty and overwhelming diction;but he was cool, smooth, and persuasive; his language flowing, chaste, and embellished; his conceptions quick, acute, and full of resource;never vanquished; for if he lost the main battle, he returned uponyou, and regained so much of it as to make it a drawn one, by dexterousmanoeuvres, skirmishes in detail, and the recovery of small advantageswhich, little singly, were important all together. You never knew whenyou were clear of him, but were harassed by his perseverance, until thepatience was worn down of all who had less of it than himself. Add tothis, that he was one of the most virtuous and benevolent of men, thekindest friend, the most amiable and pleasant of companions, whichensured a favorable reception to whatever came from him. Finding thatthe general principle of entails could not be maintained, he tookhis stand on an amendment which he proposed, instead of an absoluteabolition, to permit the tenant in tail to convey in fee simple, if hechose it: and he was within a few votes of saving so much of the oldlaw. But the bill passed finally for entire abolition. 

In that one of the bills for organizing our judiciary system, whichproposed a court of Chancery, I had provided for a trial by jury of allmatters of fact, in that as well as in the courts of law. He defeatedit by the introduction of four words only, 'if either party choose?' Theconsequence has been, that as no suitor will say to his judge, 'Sir, Idistrust you, give me a jury, ' juries are rarely, I might say perhapsnever, seen in that court, but when called for by the Chancellor of hisown accord. 

The first establishment in Virginia, which became permanent, was made in1607. I have found no mention of negroes in the colony until about 1650. The first brought here as slaves were by a Dutch ship; after which theEnglish commenced the trade, and continued it until the revolutionarywar. That suspended, _ipso facto, _ their further importation forthe present, and the business of the war pressing constantly on thelegislature, this subject was not acted on finally until the year '78, when I brought in a bill to prevent their further importation. Thispassed without opposition, and stopped the increase of the evil byimportation, leaving to future efforts its final eradication. 

The first settlers of this colony were Englishmen, loyal subjects totheir king and church; and the grant to Sir Walter Raleigh containedan express proviso, that their laws should not be against the trueChristian faith, now professed in the church of England. ' As soon as thestate of the colony admitted, it was divided into parishes, in each ofwhich was established a minister of the Anglican church, endowed witha fixed salary, in tobacco, a glebe house and land, with the othernecessary appendages. To meet these expenses, all the inhabitants ofthe parishes were assessed, whether they were or not members of theestablished church. Towards Quakers, who came here, they were mostcruelly intolerant, driving them from the colony by the severestpenalties. In process of time, however, other sectarisms wereintroduced, chiefly of the Presbyterian family; and the establishedclergy, secure for life in their glebes and salaries, adding to these, generally, the emoluments of a classical school, found employment enoughin their farms and school-rooms, for the rest of the week, and devotedSunday only to the edification of their flock, by service, and a sermonat their parish church. Their other pastoral functions were littleattended to. Against this inactivity, the zeal and industry of sectarianpreachers had an open and undisputed field; and by the time of therevolution, a majority of the inhabitants had become dissenters fromthe established church, but were still obliged to pay contributions tosupport the pastors of the minority. This unrighteous compulsion, tomaintain teachers of what they deemed religious errors, was grievouslyfelt during the regal government, and without a hope of relief. Butthe first republican legislature, which met in '76, was crowded withpetitions to abolish, this spiritual tyranny. These brought on theseverest contests in which I have ever been engaged. Our great opponentswere Mr. Pendleton and Robert Carter Nicholas; honest men, but zealouschurchmen. The petitions were referred to the committee of the wholeHouse on the state of the country; and, after desperate contests inthat committee, almost daily, from the 11th of October to the 5thof December, we prevailed so far only, as to repeal the laws, whichrendered criminal the maintenance of any religious opinions, theforbearance of repairing to church, or the exercise of any mode ofworship: and further, to exempt dissenters from contributions to thesupport of the established church; and to suspend, only until the nextsession, levies on the members of the church for the salaries oftheir own incumbents. For although the majority of our citizens weredissenters, as has been observed, a majority of the legislature werechurchmen. Among these, however, were some reasonable and liberal men, who enabled us, on some points, to obtain feeble majorities. But ouropponents carried, in the general resolutions of the committee ofNovember 19, a declaration, that religious assemblies ought to beregulated, and that provision ought to be made for continuing thesuccession of the clergy, and superintending their conduct. And in thebill now passed, was inserted an express reservation of the question, Whether a general assessment should not be established by law, on everyone, to the support of the pastor of his choice; or whether all shouldbe left to voluntary contributions: and on this question, debated atevery session from '76 to '79 (some of our dissenting allies, havingnow secured their particular object, going over to the advocates of ageneral assessment), we could only obtain a suspension from session tosession until '79, when the question against a general assessment wasfinally carried, and the establishment of the Anglican church entirelyput down. In justice to the two honest but zealous opponents, who havebeen named, I must add, that although, from their natural temperaments, they were more disposed generally to acquiesce in things as theyare, than to risk innovations; yet, whenever the public will had oncedecided, none were more faithful or exact in their obedience to it. 

The seat of our government had been originally fixed in the peninsulaof Jamestown, the first settlement of the colonists; and had beenafterwards removed a few miles inland to Williamsburg. But this was ata time when our settlements had not extended beyond the tide waters. Nowthey had crossed the Allegany; and the centre of population was very farremoved from what it had been. Yet Williamsburg was still the depositoryof our archives, the habitual residence of the Governor, and many otherof the public functionaries, the established place for the sessionsof the legislature, and the magazine of our military stores: and itssituation was so exposed, that it might be taken at any time in war, and, at this time particularly, an enemy might in the night run upeither of the rivers, between which it lies, land a force above, andtake possession of the place, without the possibility of saving eitherpersons or things. I had proposed its removal so early as October, '76;but it did not prevail until the session of May, '79. 

Early in the session of May, '79, I prepared, and obtained leave tobring in a bill, declaring who should be deemed citizens, asserting thenatural right of expatriation, and prescribing the mode of exercisingit. This, when I withdrew from the house on the 1st of June following, Ileft in the hands of George Mason, and it was passed on the 26th of thatmonth. 

In giving this account of the laws, of which I was myself the moverand draughtsman, I by no means mean to claim to myself the merit ofobtaining their passage. I had many occasional and strenuous coadjutorsin debate, and one, most steadfast, able, and zealous; who was himselfa host. This was George Mason, a man of the first order of wisdom amongthose who acted on the theatre of the revolution, of expansive mind, profound judgment, cogent in argument, learned in the lore of our formerconstitution, and earnest for the republican change, on democraticprinciples. His elocution was neither flowing nor smooth; but hislanguage was strong, his manner most impressive, and strengthened by adash of biting cynicism, when provocation made it seasonable. 

Mr. Wythe, while speaker in the two sessions of 1777, between his returnfrom Congress and his appointment to the Chancery, was an able andconstant associate in whatever was before a committee of the whole. Hispure integrity, judgment, and reasoning powers gave him great weight. Ofhim, see more in some notes inclosed in my letter of August 31, 1821, toMr. John Saunderson. [See Appendix, note A. ]

Mr. Madison came into the House in 1776, a new member, and young;which circumstances, concurring with his extreme modesty, prevented hisventuring himself in debate before his removal to the Council of State, in November, '77. From thence he went to Congress, then consisting offew members. Trained in these successive schools, he acquired a habit ofself-possession, which placed at ready command the rich resources of hisluminous and discriminating mind, and of his extensive information, andrendered him the first of every assembly afterwards, of which he becamea member. Never wandering from his subject into vain declamation, butpursuing it closely, in language pure, classical, and copious, soothingalways the feelings of his adversaries by civilities and softness ofexpression, he rose to the eminent station which he held in the greatNational Convention of 1787; and in that of Virginia, which followed, he sustained the new constitution in all its parts, bearing off the palmagainst the logic of George Mason, and the fervid declamation of Mr. Henry. With these consummate powers, was united a pure and spotlessvirtue, which no calumny has ever attempted to sully. Of the powersand polish of his pen, and of the wisdom of his administration in thehighest office of the nation, I need say nothing. They have spoken, andwill for ever speak for themselves. 

So far we were proceeding in the details of reformation only; selectingpoints of legislation, prominent in character and principle, urgent, andindicative of the strength of the general pulse of reformation. When Ileft Congress in '76, it was in the persuasion, that our whole code mustbe reviewed, adapted to our republican form of government, and, now thatwe had no negatives of Councils, Governors, and Kings to restrain usfrom doing right, that it should be corrected, in all its parts, with asingle eye to reason, and the good of those for whose government it wasframed. Early, therefore, in the session of '76, to which I returned, I moved and presented a bill for the revision of the laws; whichwas passed on the 24th of October, and on the 5th of November, Mr. Pendleton, Mr. Wythe, George Mason, Thomas L. Lee, and myself, wereappointed a committee to execute the work. We agreed to meet atFredericksburg to settle the plan of operation, and to distribute thework. We met there accordingly, on the 13th of January, 1777. The firstquestion was, whether we should propose to abolish the whole existingsystem of laws, and prepare a new and complete Institute, or preservethe general system, and only modify it to the present state of things. Mr. Pendleton, contrary to his usual disposition in favor of ancientthings, was for the former proposition, in which he was joined by Mr. Lee. To this it was objected, that to abrogate our whole system wouldbe a bold measure, and probably far beyond the views of the legislature;that they had been in the practice of revising, from time to time, the laws of the colony, omitting the expired, the repealed, and theobsolete, amending only those retained, and probably meant we shouldnow do the same, only including the British statutes as well as our own:that to compose a new Institute, like those of Justinian and Bracton, orthat of Blackstone, which was the model proposed by Mr. Pendleton, wouldbe an arduous undertaking, of vast research, of great consideration andjudgment; and when reduced to a text, every word of that text, fromthe imperfection of human language, and its incompetence to expressdistinctly every shade of idea, would become a subject of question andchicanery, until settled by repeated adjudications; that this wouldinvolve us for ages in litigation, and render property uncertain, until, like the statutes of old, every word had been tried and settled bynumerous decisions, and by new volumes of reports and commentaries; andthat no one of us, probably, would undertake such a work, which, to besystematical, must be the work of one hand. This last was the opinion ofMr. Wythe, Mr. Mason, and myself. When we proceeded to the distributionof the work, Mr. Mason excused himself, as, being no lawyer, he felthimself unqualified for the work, and he resigned soon after. Mr. Leeexcused himself on the same ground, and died indeed in a short time. Theother two gentlemen, therefore, and myself, divided the work amongus. The common law and statutes to the 4 James I. (when our separatelegislature was established) were assigned to me; the British statutes, from that period to the present day, to Mr. Wythe; and the Virginia lawsto Mr. Pendleton. As the law of Descents, and the Criminal law, fell ofcourse within my portion, I wished the committee to settle the leadingprinciples of these, as a guide for me in framing them; and, withrespect to the first, I proposed to abolish the law of primogeniture, and to make real estate descendible in parcenery to the next of kin, as personal property is, by the statute of distribution. Mr. Pendletonwished to preserve the right of primogeniture; but seeing at oncethat that could not prevail, he proposed we should adopt the Hebrewprinciple, and give a double portion to the elder son. I observed, thatif the elder son could eat twice as much, or do double work, it might bea natural evidence of his right to a double portion; but being on a par, in his powers and wants, with his brothers and sisters, he should be ona par also in the partition of the patrimony; and such was the decisionof the other members. 

On the subject of the Criminal law, all were agreed, that the punishmentof death should be abolished, except for treason and murder; and that, for other felonies, should be substituted hard labor in the publicworks, and, in some cases, the _Lex talionis_. How this last revoltingprinciple came to obtain our approbation, I do not remember. Thereremained, indeed, in our laws, a vestige of it in a single case of aslave; it was the English law, in the time of the Anglo-Saxons, copiedprobably from the Hebrew law of an 'eye for an eye, a tooth for atooth, ' and it was the law of several ancient people; but the modernmind had left it far in the rear of its advances. These points, however, being settled, we repaired to our respective homes for the preparationof the work. 

In the execution of my part, I thought it material not to vary thediction of the ancient statutes by modernizing it, nor to give rise tonew questions by new expressions. The text of these statutes had been sofully explained and defined, by numerous adjudications, as scarcely evernow to produce a question in our courts. I thought it would be useful, also, in all new draughts, to reform the style of the later Britishstatutes, and of our own acts of Assembly; which, from their verbosity, their endless tautologies, their involutions of case within case, and parenthesis within parenthesis, and their multiplied efforts atcertainty, by saids and afore-saids, by ors and by ands, to make themmore plain, are really rendered more perplexed and incomprehensible, notonly to common readers, but to the lawyers themselves. We wereemployed in this work from that time to February, 1779, when we met atWilliamsburg; that is to say, Mr. Pendleton, Mr. Wythe, and myself; andmeeting day by day, we examined critically our several parts, sentenceby sentence, scrutinizing and amending, until we had agreed on thewhole. We then returned home, had fair copies made of our several parts, which were reported to the General Assembly, June 18, 1779, by Mr. Wythe and myself, Mr. Pendleton's residence being distant, and he havingauthorized us by letter to declare his approbation. We had, in thiswork, brought so much of the Common law as it was thought necessary toalter, all the British statutes from _Magna Charta_ to the present day, and all the laws of Virginia, from the establishment of our legislaturein the 4th Jac. I. To the present time, which we thought should beretained, within the compass of one hundred and twenty-six bills, making a printed folio of ninety pages only. Some bills were taken out, occasionally, from time to time, and passed; but the main body of thework was not entered on by the legislature, until after the generalpeace, in 1785, when, by the unwearied exertions of Mr. Madison, inopposition to the endless quibbles, chicaneries, perversions, vexations, and delays of lawyers and demi-lawyers, most of the bills were passed bythe legislature, with little alteration. 

The bill for establishing religious freedom, the principles of whichhad, to a certain degree, been enacted before, I had drawn in all thelatitude of reason and right. It still met with opposition; but, withsome mutilations in the preamble, it was finally passed; and a singularproposition proved, that its protection of opinion was meant to beuniversal. Where the preamble declares that coercion is a departure fromthe plan of the holy author of our religion, an amendment was proposed, by inserting the words 'Jesus Christ, ' so that it should read, 'adeparture from the plan of Jesus Christ, the holy author of ourreligion;' the insertion was rejected by a great majority, in proof thatthey meant to comprehend, within the mantle of its protection, the Jewand the Gentile, the Christian and Mahometan, the Hindoo, and Infidel ofevery denomination. 

Beccaria, and other writers on crimes and punishments, had satisfied thereasonable world of the unrightfulness and inefficacy of the punishmentof crimes by death; and hard labor on roads, canals, and other publicworks, had been suggested as a proper substitute. The Revisors hadadopted these opinions; but the general idea of our country had not yetadvanced to that point. The bill, therefore, for proportioning crimesand punishments, was lost in the House of Delegates by a majority of asingle vote. I learned afterwards, that the substitute of hard labor inpublic, was tried (I believe it was in Pennsylvania) without success. Exhibited as a public spectacle, with shaved heads, and mean clothing, working on the high roads, produced in the criminals such a prostrationof character, such an abandonment of self-respect, as, instead ofreforming, plunged them into the most desperate and hardened depravityof morals and character. To pursue the subject of this law. --I waswritten to in 1785 (being then in Paris) by Directors appointed tosuperintend the building of a Capitol in Richmond, to advise them asto a plan, and to add to it one of a Prison. Thinking it a favorableopportunity of introducing into the state an example of architecture, inthe classic style of antiquity, and the _Maison Quarrée_ of Nismes, an ancient Roman temple, being considered as the most perfect modelexisting of what may be called Cubic architecture, I applied to M. Clerissault, who had published drawings of the antiquities of Nismes, tohave me a model of the building made in stucco, only changing the orderfrom Corinthian to Ionic, on account of the difficulty of the Corinthiancapitals. I yielded, with reluctance, to the taste of Clerissault, in his preference of the modern capital of Scamozzi to the more noblecapital of antiquity. This was executed by the artist whom ChoiseulGouffier had carried with him to Constantinople, and employed, whileAmbassador there, in making those beautiful models of the remainsof Grecian architecture, which are to be seen at Paris. To adapt theexterior to our use, I drew a plan for the interior, with the apartmentsnecessary for legislative, executive, and judiciary purposes; andaccommodated in their size and distribution to the form and dimensionsof the building. These were forwarded to the Directors, in 1786, andwere carried into execution, with some variations, not for the better, the most important of which, however, admit of future correction. Withrespect to the plan of a Prison, requested at the same time, I had heardof a benevolent society, in England, which had been indulged by thegovernment, in an experiment of the effect of labor, in solitaryconfinement, on some of their criminals; which experiment had succeededbeyond expectation. The same idea had been suggested in France, and anArchitect of Lyons had proposed a plan of a well contrived edifice, onthe principle of solitary confinement. I procured a copy, and as it wastoo large for our purposes, I drew one on a scale less extensive, butsusceptible of additions as they should be wanting. This I sent to theDirectors, instead of a plan of a common prison, in the hope that itwould suggest the idea of labor in solitary confinement, instead ofthat on the public works, which we had adopted in our Revised Code. Itsprinciple, accordingly, but not its exact form, was adopted by Latrobein carrying the plan into execution, by the erection of what is nowcalled the Penitentiary, built under his direction. In the mean while, the public opinion was ripening, by time, by reflection, and by theexample of Pennsylvania, where labor on the highways had been tried, without approbation, from 1786 to '89, and had been followed by theirPenitentiary system on the principle of confinement and labor, which wasproceeding auspiciously. In 1796, our legislature resumed the subject, and passed the law for amending the Penal laws of the commonwealth. Theyadopted solitary, instead of public, labor, established a gradation inthe duration of the confinement, approximated the style of the law moreto the modern usage, and, instead of the settled distinctions of murderand manslaughter, preserved in my bill, they introduced the new terms ofmurder in the first and second degree. Whether these have produced moreor fewer questions of definition, I am not sufficiently informed of ourjudiciary transactions, to say. I will here, however, insert the text ofmy bill, with the notes I made in the course of my researches into thesubject. [See Appendix, Note E. ]

The acts of Assembly concerning the College of William and Mary, wereproperly within Mr. Pendleton's portion of the work; but these relatedchiefly to its revenue, while its constitution, organization, and scopeof science, were derived from its charter. We thought that on thissubject, a systematical plan of general education should be proposed, and I was requested to undertake it. I accordingly prepared three billsfor the Revisal, proposing three distinct grades of education, reachingall classes. 1st. Elementary schools, for all children generally, richand poor. 2nd. Colleges, for a middle degree of instruction, calculatedfor the common purposes of life, and such as would be desirable forall who were in easy circumstances. And, 3rd. , an ultimate grade forteaching the sciences generally, and in their highest degree. The firstbill proposed to lay off every county into Hundreds, or Wards, of aproper size and population for a school, in which reading, writing, andcommon arithmetic should be taught; and that the whole state should bedivided into twenty-four districts, in each of which should be a schoolfor classical learning, grammar, geography, and the higher branches ofnumerical arithmetic. The second bill proposed to amend the constitutionof William and Mary college, to enlarge its sphere of science, and tomake it in fact a University. The third was for the establishment ofa library. These bills were not acted on until the same year, '96, andthen only so much of the first as provided for elementary schools. TheCollege of William and Mary was an establishment purely of the Churchof England; the Visitors were required to be all of that Church; theProfessors to subscribe its Thirty-nine Articles; its Students to learnits Catechism; and one of its fundamental objects was declared to be, toraise up Ministers for that Church. The religious jealousies, therefore, of all the dissenters, took alarm lest this might give an ascendancyto the Anglican sect, and refused acting on that bill. Its localeccentricity, too, and unhealthy autumnal climate, lessened the generalinclination towards it. And in the Elementary bill, they inserted aprovision which completely defeated it; for they left it to the courtof each county to determine for itself, when this act should be carriedinto execution, within their county. One provision of the bill was, thatthe expenses of these schools should be borne by the inhabitants ofthe county, every one in proportion to his general tax rate. This wouldthrow on wealth the education of the poor; and the justices, beinggenerally of the more wealthy class, were unwilling to incur thatburthen, and I believe it was not suffered to commence in a singlecounty. I shall recur again to this subject, towards the close of mystory, if I should have life and resolution enough to reach that term;for I am already tired of talking about myself. 

The bill on the subject of slaves, was a mere digest of the existinglaws respecting them, without any intimation of a plan for a future andgeneral emancipation. It was thought better that this should be keptback, and attempted only by way of amendment, whenever the bill shouldbe brought on. The principles of the amendment, however, were agreedon, that is to say, the freedom of all born after a certain day, anddeportation at a proper age. But it was found that the public mind wouldnot yet bear the proposition, nor will it bear it even at this day. Yetthe day is not distant when it must bear and adopt it, or worse willfollow. Nothing is more certainly written in the book of fate, than thatthese people are to be free; nor is it less certain that the tworaces, equally free, cannot live in the same government. Nature, habit, opinion, have drawn indelible lines of distinction between them. Itis still in our power to direct the process of emancipation anddeportation, peaceably, and in such slow degree, as that the evil willwear off insensibly, and their place be, _pari passu_, filled up byfree white laborers. If, on the contrary, it is left to force itselfon, human nature must shudder at the prospect held up. We should in vainlook for an example in the Spanish deportation or deletion of the Moors. This precedent would fall far short of our case. 

I considered four of these bills, passed or reported, as forming asystem by which every fibre would be eradicated of ancient or futurearistocracy; and a foundation laid for a government truly republican. The repeal of the laws of entail would prevent the accumulation andperpetuation of wealth, in select families, and preserve the soil ofthe country from being daily more and more absorbed in mortmain. Theabolition of primogeniture, and equal partition of inheritances, removedthe feudal and unnatural distinctions which made one member of everyfamily rich, and all the rest poor, substituting equal partition, thebest of all Agrarian laws. The restoration of the rights of consciencerelieved the people from taxation for the support of a religion nottheirs; for the establishment was truly of the religion of the rich, thedissenting sects being entirely composed of the less wealthy people;and these, by the bill for a general education, would be qualifiedto understand their rights, to maintain them, and to exercise withintelligence their parts in self-government: and all this would beeffected, without the violation of a single natural right of anyone individual citizen. To these, too, might be added, as a furthersecurity, the introduction of the trial by jury into the Chancerycourts, which have already ingulphed, and continue to ingulph, so greata proportion of the jurisdiction over our property. 

On the 1st of June, 1779, I was appointed Governor of the Commonwealth, and retired from the legislature. Being elected, also, one of theVisitors of William and Mary college, a self-electing body, I effected, during my residence in Williamsburg that year, a change in theorganization of that institution, by abolishing the Grammar school, and the two professorships of Divinity and Oriental languages, andsubstituting a professorship of Law and Police, one of Anatomy, Medicine, and Chemistry, and one of Modern Languages; and the charterconfining us to six professorships, We added the Law of Nature andNations, and the Fine Arts, to the duties of the Moral professor, andNatural History to those of the professor of Mathematics and NaturalPhilosophy. 

Being now, as it were, identified with the Commonwealth itself, to writemy own history, during the two years of my administration, would be towrite the public history of that portion of the revolution within thisstate. This has been done by others, and particularly by Mr. Girardin, who wrote his Continuation of Burke's History of Virginia, while atMilton in this neighborhood, had free access to all my papers whilecomposing it, and has given as faithful an account as I could myself. For this portion, therefore, of my own life, I refer altogether to hishistory. From a belief that, under the pressure of the invasion underwhich we were then laboring, the public would have more confidence in amilitary chief, and that the military commander, being invested with thecivil power also, both might be wielded with more energy, promptitude, and effect for the defence of the state, I resigned the administrationat the end of my second year, and General Nelson was appointed tosucceed me. 

Soon after my leaving Congress, in September, '76, to wit, on the lastday of that month, I had been appointed, with Dr. Franklin, to go toFrance, as a Commissioner to negotiate treaties of alliance and commercewith that government. Silas Deane, then in France, acting as agent forprocuring military stores, * was joined with us in commission. But suchwas the state of my family that I could not leave it, nor could I exposeit to the dangers of the sea, and of capture by the British ships, thencovering the ocean. I saw, too, that the laboring oar was really athome, where much was to be done, of the most permanent interest, in new-modelling our governments, and much to defend our fanes andfire-sides from the desolations of an invading enemy, pressing on ourcountry in every point. I declined, therefore, and Dr. Lee was appointedin my place. On the 15th of June, 1781, I had been appointed, withMr. Adams, Dr. Franklin, Mr. Jay, and Mr. Laurens, a MinisterPlenipotentiary for negotiating peace, then expected to be effectedthrough the mediation of the Empress of Russia. The same reasons obligedme still to decline; and the negotiation was in fact never entered on. But, in the autumn of the next year, 1782, Congress receiving assurancesthat a general peace would be concluded in the winter and spring, theyrenewed my appointment on the 13th of November of that year. I had, twomonths before that, lost the cherished companion of my life, in whoseaffections, unabated on both sides, I had lived the last ten years inunchequered happiness. With the public interests, the state of my mindconcurred in recommending the change of scene proposed; and I acceptedthe appointment, and left Monticello on the 19th of December, 1782, for Philadelphia, where I arrived on the 27th. The Minister of France, Luzerne, offered me a passage in the Romulus frigate, which I accepted;but she was then lying a few miles below Baltimore, blocked up in theice. I remained, therefore, a month in Philadelphia, looking over thepapers in the office of State, in order to possess myself of the generalstate of our foreign relations, and then went to Baltimore, to awaitthe liberation of the frigate from the ice. After waiting there nearlya month, we received information that a Provisional treaty of peacehad been signed by our Commissioners on the 3rd of September, 1782, tobecome absolute, on the conclusion of peace between France and GreatBritain. Considering my proceeding to Europe as now of no utility to thepublic, I returned immediately to Philadelphia, to take the orders ofCongress, and was excused by them from further proceeding. I thereforereturned home, where I arrived on the 15th of May, 1783. 

 * His ostensible character was to be that of a merchant, his real one that of agent for military supplies, and also for sounding the dispositions of the government of France, and seeing how far they would favor us, either secretly or openly. His appointment had been by the Committee of Foreign Correspondence, March, 1776. 

On the 6th of the following month, I was appointed by the legislaturea delegate to Congress, the appointment to take place on the 1st ofNovember ensuing, when that of the existing delegation would expire. Iaccordingly left home on the 16th of October, arrived at Trenton, whereCongress was sitting, on the 3rd of November, and took my seat on the4th, on which day Congress adjourned, to meet at Annapolis on the 26th. 

Congress had now become a very small body, and the members very remissin their attendance on its duties, insomuch that a majority of thestates, necessary by the Confederation to constitute a House, even forminor business, did not assemble until the 13th of December. 

They, as early as January 7, 1782, had turned their attention to themonies current in the several states, and had directed the Financier, Robert Morris, to report to them a table of rates, at which the foreigncoins should be received at the treasury. That officer, or rather hisassistant, Gouverneur Morris, answered them on the 15th, in an able andelaborate statement of the denominations of money current in the severalstates, and of the comparative value of the foreign coins chiefly incirculation with us, He went into the consideration of the necessity ofestablishing a standard of value with us, and of the adoption of a moneyunit. He proposed for that unit, such a fraction of pure silver aswould be a common measure of the penny of every state, without leavinga fraction. This common divisor he found to be 1/1440 of a dollar, or1/1600 the crown sterling. The value of a dollar was, therefore, to beexpressed by 1440 units, and of a crown by 1600; each unit containinga quarter of a grain of fine silver. Congress turning again theirattention to this subject the following year, the Financier, by a letterof April 30, 1783, further explained and urged the unit he had proposed:but nothing more was done on it until the ensuing year, when it wasagain taken up, and referred to a committee, of which I was a member. The general views of the Financier were sound, and the principle wasingenious, on which he proposed to found his unit; but it was too minutefor ordinary use, too laborious for computation, either by the head orin figures. The price of a loaf of bread, 1/20 of a dollar, would be72 units. A pound of butter, 1/5 of a dollar, 288 units. A horse, orbullock, of eighty dollars' value, would require a notation of sixfigures, to wit, 115, 200, and the public debt, suppose of eightymillions, would require twelve figures, to wit, 115, 200, 000, 000 units. Such a system of money-arithmetic would be entirely unmanageable for thecommon purposes of society. I proposed, therefore, instead of this, to adopt the Dollar as our unit of account and payment, and that itsdivisions and subdivisions should be in the decimal ratio. I wrote someNotes on the subject, which I submitted to the consideration of theFinancier. I received his answer and adherence to his general system, only agreeing to take for his unit one hundred of those he firstproposed, so that a Dollar should be 14 40/100 and a crown 16 units. Ireplied to this, and printed my Notes and Reply on a flying sheet, whichI put into the hands of the members of Congress for consideration, andthe Committee agreed to report on my principle. This was adopted theensuing year, and is the system which now prevails. I insert, here, theNotes and Reply, as showing the different views on which the adoption ofour money system hung. [See Appendix, note F. ]The divisions into dismes, cents, and mills is now so well understood, that it would be easy ofintroduction into the kindred branches of weights and measures. I use, when I travel, an Odometer of Clarke's invention, which divides the mileinto cents, and I find every one comprehends a distance readily, whenstated to him in miles and cents; so he would in feet and cents, poundsand cents, &c. 

The remissness of Congress, and their permanent session began to be asubject of uneasiness; and even some of the legislatures had recommendedto them intermissions, and periodical sessions. As the Confederation hadmade no provision for a visible head of the government, during vacationsof Congress, and such a one was necessary to superintend the executivebusiness, to receive and communicate with foreign ministers and nations, and to assemble Congress on sudden and extraordinary emergencies, Iproposed, early in April, the appointment of a committee, to be calledthe 'Committee of the States, ' to consist of a member from each state, who should remain in session during the recess of Congress: that thefunctions of Congress should be divided into executive and legislative, the latter to be reserved, and the former, by a general resolution, tobe delegated to that Committee. This proposition was afterwardsagreed to; a Committee appointed who entered on duty on the subsequentadjournment of Congress, quarrelled very soon, split into two parties, abandoned their post, and left the government without any visible head, until the next meeting of Congress. We have since seen the same thingtake place, in the Directory of France; and I believe it will for evertake place in any Executive consisting of a plurality. Our plan, best, Ibelieve, combines wisdom and practicability, by providing a plurality ofCounsellors, but a single Arbiter for ultimate decision. I was in Francewhen we heard of this schism and separation of our Committee, and, speaking with Dr. Franklin of this singular disposition of men toquarrel, and divide into parties, he gave his sentiments, as usual, byway of Apologue. He mentioned the Eddystone light-house, in theBritish channel, as being built on a rock, in the mid-channel, totallyinaccessible in winter, from the boisterous character of that sea, inthat season; that, therefore, for the two keepers employed to keep upthe lights, all provisions for the winter were necessarily carried tothem in autumn, as they could never be visited again till the return ofthe milder season; that, on the first practicable day in the spring, aboat put off to them with fresh supplies. The boatmen met at the doorone of the keepers, and accosted him with a 'How goes it, friend?' 'Verywell. ' 'How is your companion?' 'I do not know. ' 'Don't know? Is not hehere?' 'I can't tell. ' 'Have not you seen him to-day?' 'No. ' 'When didyou see him?' 'Not since last fall. ' 'You have killed him?' 'NotI, indeed. ' They were about to lay hold of him, as having certainlymurdered his companion; but he desired them to go up stairs and examinefor themselves. They went up, and there found the other keeper. They hadquarrelled, it seems, soon after being left there, had divided into twoparties, assigned the cares below to one, and those above to the other, and had never spoken to, or seen, one another since. 

But to return to our Congress at Annapolis. The definitive treaty ofpeace which had been signed at Paris on the 3rd of September, 1783, andreceived here, could not be ratified without a House of nine states. On the 23rd of December, therefore, we addressed letters to the severalGovernors, stating the receipt of the definitive treaty; that sevenstates only were in attendance, while nine were necessary to itsratification; and urging them to press on their delegates the necessityof their immediate attendance. And on the 26th, to save time, I movedthat the Agent of Marine (Robert Morris) should be instructed to haveready a vessel at this place, at New York, and at some Eastern port, to carry over the ratification of the treaty when agreed to. It met thegeneral sense of the House, but was opposed by Dr. Lee, on the groundof expense, which it would authorize the Agent to incur for us; and, he said, it would be better to ratify at once, and send on theratification. Some members had before suggested, that seven states werecompetent to the ratification. My motion was therefore postponed, andanother brought forward by Mr. Read, of South Carolina, for an immediateratification. This was debated the 26th and 27th. Read, Lee, Williamson, and Jeremiah Chase urged that ratification was a mere matter of form;that the treaty was conclusive from the moment it was signed by theministers; that, although the Confederation requires the assent of ninestates to enter into a treaty, yet, that its conclusion could not becalled the entrance into it; that supposing nine states requisite, itwould be in the power of five states to keep us always at war; that ninestates had virtually authorized the ratification, having ratifiedthe provisional treaty, and instructed their ministers to agree to adefinitive one in the same terms, and the present one was, in fact, substantially, and almost verbatim, the same; that there now remainbut sixty-seven days for the ratification, for its passage across theAtlantic, and its exchange; that there was no hope of our soon havingnine states present in fact, that this was the ultimate point of timeto which we could venture to wait; that if the ratification was notin Paris by the time stipulated, the treaty would become void; that ifratified by seven states, it would go under our seal, without its beingknown to Great Britain that only seven had concurred; that it was aquestion of which they had no right to take cognizance, and we were onlyanswerable for it to our constituents; that it was like the ratificationwhich Great Britain had received from the Dutch, by the negotiations ofSir William Temple. 

On the contrary, it was argued by Monroe, Gerry, Howel, Ellery, andmyself, that by the modern usage of Europe, the ratification wasconsidered as the act which gave validity to a treaty, until which, itwas not obligatory. * That the commission to the ministers, reserved theratification to Congress; that the treaty itself stipulated, that itshould be ratified; that it became a second question, who were competentto the ratification? That the Confederation expressly required ninestates to enter into any treaty; that, by this, that instrument musthave intended, that the assent of nine states should be necessary, aswell to the completion as to the commencement of the treaty, its objecthaving been to guard the rights of the Union in all those importantcases, where nine states are called for; that by the contraryconstruction, seven states, containing less than one third of our wholecitizens, might rivet on us a treaty, commenced indeed under commissionand instructions from nine states, but formed by the minister in expresscontradiction to such instructions, and in direct sacrifice of theinterests of so great a majority; that the definitive treaty wasadmitted not to be a verbal copy of the provisional one, and whether thedepartures from it were of substance, or not, was a question on whichnine states alone were competent to decide; that the circumstancesof the ratification of the provisional articles by nine states, theinstructions to our ministers to form a definitive one by them, andtheir actual agreement in substance, do not render us competent toratify in the present instance; if these circumstances are in themselvesa ratification, nothing further is requisite than to give attestedcopies of them, in exchange for the British ratification; if they arenot, we remain where we were, without a ratification by nine states, and incompetent ourselves to ratify; that it was but four days since theseven states, now present, unanimously concurred in a resolution to beforwarded to the Governors of the absent states, in which they stated, as a cause for urging on their delegates, that nine states werenecessary to ratify the treaty; that in the case of the Dutchratification, Great Britain had courted it, and therefore was glad toaccept it as it was; that they knew our Constitution, and would objectto a ratification by seven; that, if that circumstance was kept back, it would be known hereafter, and would give them ground to deny thevalidity of a ratification, into which they should have been surprisedand cheated, and it would be a dishonorable prostitution of our seal;that there is a hope of nine states; that if the treaty would becomenull, if not ratified in time, it would not be saved by an imperfectratification; but that, in fact, it would not be null, and would beplaced on better ground, going in unexceptionable form, though a fewdays too late, and rested on the small importance of this circumstance, and the physical impossibilities which had prevented a punctualcompliance in point of time; that this would be approved by all nations, and by Great Britain herself, if not determined to renew the war, and ifso determined, she would never want excuses, were this out of the way. Mr. Read gave notice, he should call for the yeas and nays; whereonthose in opposition, prepared a resolution, expressing pointedly thereasons of their dissent from his motion. It appearing, however, thathis proposition could not be carried, it was thought better to make noentry at all. Massachusetts alone would have been for it; Rhode Island, Pennsylvania, and Virginia against it, Delaware, Maryland, and NorthCarolina, would have been divided. 

Our body was little numerous, but very contentious. Day after daywas wasted on the most unimportant questions. A member, one of thoseafflicted with the morbid rage of debate, of an ardent mind, promptimagination, and copious flow of words, who heard with impatience anylogic which was not his own, sitting near me on some occasion of atrifling but wordy debate, asked me how I could sit in silence, hearingso much false reasoning, which a word should refute? I observed tohim, that to refute indeed was easy, but to silence impossible; thatin measures brought forward by myself, I took the laboring oar, as wasincumbent on me; but that in general, I was willing to listen; that ifevery sound argument or objection was used by some one or other of thenumerous debaters, it was enough; if not, I thought it sufficient tosuggest the omission, without going into a repetition of what had beenalready said by others: that this was a waste and abuse of the time andpatience of the House, which could not be justified. And I believe, that if the members of deliberate bodies were to observe this coursegenerally, they would do in a day, what takes them a week; and itis really more questionable, than may at first be thought, whetherBonaparte's dumb legislature, which said nothing, and did much, may notbe preferable to one which talks much, and does nothing. I servedwith General Washington in the legislature of Virginia, before therevolution, and, during it, with Dr. Franklin in Congress. I never heardeither of them speak ten minutes at a time, nor to any but the mainpoint, which was to decide the question. They laid their shouldersto the great points, knowing that the little ones would follow ofthemselves. If the present Congress errs in too much talking, how can itbe otherwise, in a body to which the people send one hundred and fiftylawyers, whose trade it is, to question every thing, yield nothing, andtalk by the hour? That one hundred and fifty lawyers should do businesstogether, ought not to be expected. But to return again to our subject. 

Those, who thought seven states competent to the ratification, beingvery restless under the loss of their motion, I proposed, on thethird of January, to meet them on middle ground, and therefore moved aresolution, which premised, that there were but seven states present, who were unanimous for the ratification, but that they differed inopinion on the question of competency; that those however in thenegative, were unwilling, that any powers which it might be supposedthey possessed, should remain unexercised for the restoration ofpeace, provided it could be done, saving their good faith, and withoutimporting any opinion of Congress, that seven states were competent, andresolving that the treaty be ratified so far as they had power; thatit should be transmitted to our ministers, with instructions to keep ituncommunicated; to endeavor to obtain three months longer for exchangeof ratifications; that they should be informed, that so soon as ninestates shall be present, a ratification by nine shall be sent them: ifthis should get to them before the ultimate point of time for exchange, they were to use it, and not the other; if not, they were to offer theact of the seven states in exchange, informing them the treaty had cometo hand while Congress was not in session, that but seven states were asyet assembled, and these had unanimously concurred in the ratification. This was debated on the third and fourth; and on the fifth, a vesselbeing to sail for England, from this port, (Annapolis), the Housedirected the President to write to our ministers accordingly. 

January 14. Delegates from Connecticut having attended yesterday, andanother from South Carolina coming in this day, the treaty was ratifiedwithout a dissenting voice; and three instruments of ratification wereordered to be made out, one of which was sent by Colonel Harmer, anotherby Colonel Franks, and the third transmitted to the Agent of Marine, tobe forwarded by any good opportunity. 

Congress soon took up the consideration of their foreign relations. Theydeemed it necessary to get their commerce placed, with every nation, ona footing as favorable as that of other nations; and for this purpose, to propose to each a distinct treaty of commerce. This act too wouldamount to an acknowledgment, by each, of our independence, and of ourreception into the fraternity of nations; which, although as possessingour station of right, and, in fact, we would not condescend to ask, wewere not unwilling to furnish opportunities for receiving their friendlysalutations and welcome. With France, the United Netherlands, andSweden, we had already treaties of commerce; but commissions were givenfor those countries also, should any amendments be thought necessary. The other states to which treaties were to be proposed, were England, Hamburg, Saxony, Prussia, Denmark, Russia, Austria, Venice, Rome, Naples, Tuscany, Sardinia, Genoa, Spain, Portugal, the Porte, Algiers, Tripoli, Tunis, and Morocco. 

On the 7th of May, Congress resolved that a Minister Plenipotentiaryshould be appointed, in addition to Mr. Adams and Dr. Franklin, fornegotiating treaties of commerce with foreign nations, and I was electedto that duty. I accordingly left Annapolis on the 11th, took with me myeldest daughter; then at Philadelphia (the two others being too youngfor the voyage), and proceeded to Boston, in quest of a passage. Whilepassing through the different states, I made a point of informing myselfof the state of the commerce of each, went on to New Hampshire with thesame view, and returned to Boston. Thence I sailed on the 5th of July, in the Ceres, a merchant ship of Mr. Nathaniel Tracy, bound to Cowes. Hewas himself a passenger, and, after a pleasant voyage of nineteen days, from land to land, we arrived at Cowes on the 26th. I was detained therea few days by the indisposition of my daughter. On the 30th we embarkedfor Havre, arrived there on the 31st, left it on the 3rd of August, andarrived at Paris on the 6th. I called immediately on Dr. Franklin, atPassy, communicated to him our charge, and we wrote to Mr. Adams, thenat the Hague, to join us at Paris. 

Before I had left America, that is to say, in the year 1781, 1 hadreceived a letter from M. De Marbois, of the French legation inPhiladelphia, informing me, he had been instructed by his government toobtain such statistical accounts of the different states of our Union, as might be useful for their information; and addressing to me a numberof queries relative to the state of Virginia. I had always made it apractice, whenever an opportunity occurred of obtaining any informationof our country, which might be of use to me in any station, public orprivate, to commit it to writing. These memoranda were on loose papers, bundled up without order, and difficult of recurrence, when I hadoccasion for a particular one. I thought this a good occasion to embodytheir substance, which I did in the order of Mr. Marbois' queries, so asto answer his wish, and to arrange them for my own use. Some friends, towhom they were occasionally communicated, wished for copies; but theirvolume rendering this too laborious by hand, I proposed to get a fewprinted for their gratification. I was asked such a price however, asexceeded the importance of the object. On my arrival at Paris, I foundit could be done for a fourth of what I had been asked here. I thereforecorrected and enlarged them, and had two hundred copies printed, underthe title of 'Notes on Virginia. ' I gave a very few copies to someparticular friends in Europe, and sent the rest to my friends inAmerica. An European copy, by the death of the owner, got into the handsof a bookseller, who engaged its translation, and when ready for thepress, communicated his intentions and manuscript to me, suggestingthat I should correct it, without asking any other permission for thepublication. I never had seen so wretched an attempt at translation. Interverted, abridged, mutilated, and often reversing the sense ofthe original, I found it a blotch of errors from beginning to end. Icorrected some of the most material, and, in that form, it was printedin French. A London bookseller, on seeing the translation, requested meto permit him to print the English original. I thought it best to doso, to let the world see that it was not really so bad as the Frenchtranslation had made it appear. And this is the true history of thatpublication. 

Mr. Adams soon joined us at Paris, and our first employment was toprepare a general form, to be proposed to such nations as were disposedto treat with us. During the negotiations for peace with the BritishCommissioner, David Hartley, our Commissioners had proposed, on thesuggestion of Dr. Franklin, to insert an article, exempting from captureby the public or private armed ships, of either belligerent, when atwar, all merchant vessels and their cargoes, employed merely incarrying on the commerce between nations. It was refused by England, and unwisely, in my opinion. For, in the case of a war with us, theirsuperior commerce places infinitely more at hazard on the ocean, thanours; and, as hawks abound in proportion to game, so our privateerswould swarm, in proportion to the wealth exposed to their prize, whiletheirs would be few, for want of subjects of capture. We insertedthis article in our form, with a provision against the molestation offishermen, husbandmen, citizens unarmed, and following their occupationsin unfortified places, for the humane treatment of prisoners of war, theabolition of contraband of war, which exposes merchant vessels to suchvexatious and ruinous detentions and abuses; and for the principle offree bottoms, free goods. 

In a conference with the Count de Vergennes, it was thought better toleave to legislative regulation, on both sides, such modifications ofour commercial intercourse, as would voluntarily flow from amicabledispositions. Without urging, we sounded the ministers of the severalEuropean nations, at the court of Versailles, on their dispositionstowards mutual commerce, and the expediency of encouraging it by theprotection of a treaty. Old Frederic, of Prussia, met us cordially, andwithout hesitation, and appointing the Baron de Thulemeyer, his ministerat the Hague, to negotiate with us, we communicated to him our Projet, which, with little alteration by the King, was soon concluded. Denmarkand Tuscany entered also into negotiations with us. Other powersappearing indifferent, we did not think it proper to press them. Theyseemed, in fact, to know little about us, but as rebels, who had beensuccessful in throwing off the yoke of the mother country. They wereignorant of our commerce, which had been always monopolized by England, and of the exchange of articles it might offer advantageously to bothparties. They were inclined, therefore, to stand aloof, until they couldsee better what relations might be usefully instituted with us. Thenegotiations, therefore, begun with Denmark and Tuscany, we protracteddesignedly, until our powers had expired; and abstained from making newpropositions to others having no colonies; because our commerce beingan exchange of raw for wrought materials, is a competent price foradmission into the colonies of those possessing them; but were we togive it, without price, to others, all would claim it, without price, onthe ordinary ground of _gentis amicissimæ_. 

Mr. Adams, being appointed Minister Plenipotentiary of the United Statesto London, left us in June, and in July, 1785, Dr. Franklin returned toAmerica, and I was appointed his successor at Paris. In February, 1786, Mr. Adams wrote to me, pressingly, to join him in London immediately, as he thought he discovered there some symptoms of better dispositiontowards us. Colonel Smith, his secretary of legation, was the bearer ofhis urgencies for my immediate attendance. I, accordingly, left Parison the 1st of March, and, on my arrival in London, we agreed on a verysummary form of treaty, proposing an exchange of citizenship for ourcitizens, our ships, and our productions generally, except as to office. On my presentation, as usual, to the King and Queen, at their levees, itwas impossible for any thing to be more ungracious, than their noticeof Mr. Adams and myself. I saw, at once, that the ulcerations of mindin that quarter left nothing to be expected on the subject ofmy attendance; and, on the first conference with the Marquis ofCaermarthen, the Minister for foreign affairs, the distance anddisinclination which he betrayed in his conversation, the vaguenessand evasions of his answers to us, confirmed me in the belief of theiraversion to have any thing to do with us. We delivered him, however, our_Projet_, Mr. Adams not despairing as much as I did of its effect. We afterwards, by one or more, notes, requested his appointment of aninterview and conference, which, without directly declining, he evaded, by pretence of other pressing occupations for the moment. After stayingthere seven weeks, till within a few days of the expiration of ourcommission, I informed the minister, by note, that my duties at Parisrequired my return to that place, and that I should, with pleasure, bethe bearer of any commands to his Ambassador there. He answered, thathe had none, and, wishing me a pleasant journey, I left London the 26th, and arrived at Paris the 30th of April. 

While in London, we entered into negotiations with the Chevalier Pinto, Ambassador of Portugal, at that place. The only article of difficultybetween us was, a stipulation that our bread-stuff should be receivedin Portugal, in the form of flour as well as of grain. He approved of ithimself, but observed that several nobles, of great influence at theircourt, were the owners of windmills in the neighborhood of Lisbon, whichdepended much for their profits on manufacturing our wheat, and thatthis stipulation would endanger the whole treaty. He signed it, however, and its fate was what he had candidly portended. 

My duties, at Paris, were confined to a few objects; the receipt ofour whale-oils, salted fish, and salted meats, on favorable terms; theadmission of our rice on equal terms with that of Piedmont, Egypt, and the Levant; a mitigation of the monopolies of our tobacco by thefarmers-general, and a free admission of our productions into theirislands, were the principal commercial objects which required attention;and on these occasions, I was powerfully aided by all the influence andthe energies of the Marquis de la Fayette, who proved himself equallyzealous for the friendship and welfare of both nations; and, in justice, I must also say, that I found the government entirely disposed tobefriend us on all occasions, and to yield us every indulgence, notabsolutely injurious to themselves. The Count de Vergennes had thereputation with the diplomatic corps, of being wary and slippery in hisdiplomatic intercourse; and so he might be, with those whom he knewto be slippery, and double-faced themselves. As he saw that I hadno indirect views, practised no subtleties, meddled in no intrigues, pursued no concealed object, I found him as frank, as honorable, as easyof access to reason, as any man with whom I had ever done business; andI must say the same for his successor, Montmorin, one of the most honestand worthy of human beings. 

Our commerce, in the Mediterranean, was placed under early alarm, by thecapture of two of our vessels and crews by the Barbary cruisers. I wasvery unwilling that we should acquiesce in the European humiliation, of paying a tribute to those lawless pirates, and endeavored to form anassociation of the powers subject to habitual depredations from them. I accordingly prepared, and proposed to their Ministers at Paris, for consultation with their governments, articles of a specialconfederation, in the following form. 

'Proposals for concerted operation among the powers at war with thepiratical States of Barbary. 

'1. It is proposed, that the several powers at war with the piraticalStates of Barbary, or any two or more of them who shall be willing, shall enter into a convention to carry on their operations against thoseStates, in concert, beginning with the Algerines. 

'2. This convention shall remain open to any other power, who shall, atany future time, wish to accede to it; the parties reserving theright to prescribe the conditions of such accession, according to thecircumstances existing at the time it shall be proposed. 

'3. The object of the convention shall be to compel the piratical Statesto perpetual peace, without price, and to guaranty that peace to eachother. 

'4. The operations for obtaining this peace shall be constant cruises ontheir coast, with a naval force now to be agreed on. It is not proposed, that this force shall be so considerable, as to be inconvenient to anyparty. It is believed, that half a dozen frigates, with as many tendersor xebecs, one half of which shall be in cruise, while the other half isat rest, will suffice. 

'5. The force agreed to be necessary, shall be furnished by the parties, in certain quotas, now to be fixed; it being expected, that each willbe willing to contribute, in such proportion as circumstances may renderreasonable. 

'6. As miscarriages often proceed from the want of harmony amongofficers of different nations, the parties shall now consider anddecide, whether it will not be better to contribute their quotas inmoney, to be employed in fitting out and keeping on duty a single fleetof the force agreed on. 

'7. The difficulties and delays, too, which will attend the managementof these operations, if conducted by the parties themselves separately, distant as their courts may be from one another, and incapable ofmeeting in consultation, suggest a question, whether it will notbe better for them to give full powers, for that purpose, to theirAmbassadors, or other Ministers resident at some one court of Europe, who shall form a Committee, or Council, for carrying this conventioninto effect; wherein, the vote of each member shall be computed inproportion to the quota of his sovereign, and the majority so computed, shall prevail in all questions within the view of this convention. Thecourt of Versailles is proposed, on account of its neighborhood to theMediterranean, and because all those powers are represented there, whoare likely to become parties to this convention. 

'8. To save to that Council the embarrassment of personal solicitationsfor office, and to assure the parties, that their contributions will beapplied solely to the object for which they are destined, there shallbe no establishment of officers for the said Council, such asCommissioners, Secretaries, or any other kind, with either salariesor perquisites, nor any other lucrative appointments, but such whosefunctions are to be exercised on board the said vessels. 

'9. Should war arise between any two of the parties to this convention, it shall not extend to this enterprise, nor interrupt it; but as tothis, they shall be reputed at peace. 

'10. When Algiers shall be reduced to peace, the other piratical States, if they refuse to discontinue their piracies, shall become the objectsof this convention, either successively or together, as shall seem best. 

'11. Where this convention would interfere with treaties actuallyexisting between any of the parties and the said States of Barbary, thetreaty shall prevail, and such party shall be allowed to withdraw fromthe operations against that state. '

Spain had just concluded a treaty with Algiers, at the expense of threemillions of dollars, and did not like to relinquish the benefit of that, until the other party should fail in their observance of it. Portugal, Naples, the Two Sicilies, Venice, Malta, Denmark, and Sweden werefavorably disposed to such an association; but their representatives atParis expressed apprehensions that France would interfere, and, eitheropenly or secretly, support the Barbary powers; and they required, thatI should ascertain the dispositions of the Count de Vergennes on thesubject. I had before taken occasion to inform him of what we wereproposing, and, therefore, did not think it proper to insinuateany doubt of the fair conduct of his government; but stating ourpropositions, I mentioned the apprehensions entertained by us thatEngland would interfere in behalf of those piratical governments. 'Shedares not do it, ' said he. I pressed it no further. The other Agentswere satisfied with this indication of his sentiments, and nothing wasnow wanting to bring it into direct and formal consideration, butthe assent of our government, and their authority to make the formalproposition. I communicated to them the favorable prospect of protectingour commerce from the Barbary depredations, and for such a continuanceof time, as, by an exclusion of them from the sea, to change theirhabits and characters, from a predatory to an agricultural people:towards which, however, it was expected they would contribute afrigate, and its expenses, to be in constant cruise. But they were in nocondition to make any such engagement. Their recommendatory powers forobtaining contributions, were so openly neglected by the several states, that they declined an engagement, which they were conscious they couldnot fulfil with punctuality; and so it fell through. 

 [In the original MS. , the paragraph ending with 'fell through, ' terminates page 81; between this page and the next, there is stitched in a leaf of old writing, constituting a memorandum, whereof note G, in the Appendix, is a copy. ]

In 1786, while at Paris, I became acquainted with John Ledyard, ofConnecticut, a man of genius, of some science, and of fearless courageand enterprise. He had accompanied Captain Cook in his voyage to thePacific, had distinguished himself on several occasions by an unrivalledintrepidity, and published an account of that voyage, with detailsunfavorable to Cook's deportment towards the savages, and lessening ourregrets at his fate; Ledyard had come to Paris, in the hope of forminga company to engage in the fur-trade of the Western coast of America. Hewas disappointed in this, and being out of business, and of a roaming, restless character, I suggested to him the enterprise of exploring theWestern part of our continent, by passing through St. Petersburg toKamtschatka, and procuring a passage thence in some of the Russianvessels to Nootka sound, whence he might make his way across thecontinent to the United States; and I undertook to have the permissionof the Empress of Russia solicited. He eagerly embraced the proposition, and M. De Semoulin, the Russian Ambassador, and more particularlyBaron Grimm, the special correspondent of the Empress, solicited herpermission for him to pass through her dominions, to the Western coastof America. And here I must correct a material error, which I havecommitted in another place, to the prejudice of the Empress. In writingsome notes of the life of Captain Lewis, prefixed to his 'Expedition tothe Pacific, ' I stated, that the Empress gave the permission asked, andafterwards retracted it. This idea, after a lapse of twenty-six years, had so insinuated itself into my mind, that I committed it to paper, without the least suspicion of error. Yet I find, on returning to myletters of that date, that the Empress refused permission at once, considering the enterprise as entirely chimerical. But Ledyard wouldnot relinquish it, persuading himself, that, by proceeding to St. Petersburg, he could satisfy the Empress of its practicability, andobtain her permission. He went accordingly, but she was absent on avisit to some distant part of her dominions, and he pursued his courseto within two hundred miles of Kamtschatka, where he was overtaken by anarrest from the Empress, brought back to Poland, and there dismissed. I must, therefore, in justice, acquit the Empress of ever having fora moment countenanced, even by the indulgence of an innocent passagethrough her territories, this interesting enterprise. 

The pecuniary distresses of France produced this year a measure, of which there had been no example for near two centuries; and theconsequences of which, good and evil, are not yet calculable. For itsremote causes, we must go a little back. 

Celebrated writers of France and England had already sketched goodprinciples on the subject of government: yet the American Revolutionseems first to have awakened the thinking part of the French nationin general from the sleep of despotism in which they were sunk. Theofficers, too, who had been to America, were mostly young men, lessshackled by habit and prejudice, and more ready to assent to thesuggestions of common sense, and feeling of common rights, thanothers. They came back with new ideas and impressions. The press, notwithstanding its shackles, began to disseminate them; conversationassumed new freedoms; politics became the theme of all societies, maleand female, and a very extensive and zealous party was formed, whichacquired the appellation of the Patriotic party, who, sensible of theabusive government under which they lived, sighed for occasions forreforming it. This party comprehended all the honesty of the kingdom, sufficiently at leisure to think, the men of letters, the easyBourgeois, the young nobility, partly from reflection, partly from mode;for these sentiments became matter of mode, and, as such, united mostof the young women to the party. Happily for the nation, it happened, at the same moment, that the dissipations of the queen and court, theabuses of the pension-list, and dilapidations in the administration ofevery branch of the finances, had exhausted the treasures and credit ofthe nation, insomuch, that its most necessary functions were paralyzed. To reform these abuses would have overset the Minister; to impose newtaxes by the authority of the king, was known to be impossible, from thedetermined opposition of the Parliament to their enregistry. No resourceremained, then, but to appeal to the nation. He advised, therefore, thecall of an Assembly of the most distinguished characters of the nation, in the hope, that, by promises of various and valuable improvements inthe organization and regimen of the government, they would be induced toauthorize new taxes, to control the opposition of the Parliament, andto raise the annual revenue to the level of expenditures. An Assembly ofNotables, therefore, about one hundred and fifty in number, named by theKing, convened on the 22nd of February. The Minister (Calonne) stated tothem, that the annual excess of expenses beyond the revenue, when LouisXVI. Came to the throne, was thirty-seven millions of livres; that fourhundred and forty millions had been borrowed to re-establish the navy;that the American war had cost them fourteen hundred and forty millions(two hundred and fifty-six millions of dollars), and that the interestof these sums, with other increased expenses, had added forty millionsmore to the annual deficit. (But a subsequent and more candid estimatemade it fifty-six millions. ) He proffered them an universal redressof grievances, laid open those grievances fully, pointed out soundremedies, and, covering his canvass with objects of this magnitude, thedeficit dwindled to a little accessory, scarcely attracting attention. The persons chosen, were the most able and independent characters in thekingdom, and their support, if it could be obtained, would be enoughfor him. They improved the occasion for redressing their grievances, and agreed that the public wants should be relieved; but went into anexamination of the causes of them. It was supposed that Calonne wasconscious that his accounts could not bear examination; and it was said, and believed, that he asked of the King, to send four members to theBastile, of whom the Marquis de la Fayette was one, to banish twentyothers, and two of his Ministers. The King found it shorter to banishhim. His successor went on in full concert with the Assembly. Theresult was an augmentation of the revenue, a promise of economies inits expenditure, of an annual settlement of the public accounts before acouncil, which the Comptroller, having been heretofore obliged tosettle only with the King in person, of course never settled at all; anacknowledgment that the King could not lay a new tax, a reformationof the Criminal laws, abolition of torture, suppression of _corvees_, reformation of the _gabelles_, removal of the interior custom-houses, free commerce of grain, internal and external, and the establishment ofProvincial Assemblies; which, altogether, constituted a great mass ofimprovement in the condition of the nation. The establishment of theProvincial Assemblies was, in itself, a fundamental improvement. Theywould be, of the choice of the people, one third renewed every year, inthose provinces where there are no states, that is to say, overabout three fourths of the kingdom. They would be partly an Executivethemselves, and partly an Executive Council to the Intendant, to whomthe executive power, in his province, had been heretofore entirelydelegated. Chosen by the people, they would soften the execution ofhard laws, and, having a right of representation to the King, theywould censure bad laws, suggest good ones, expose abuses, and theirrepresentations, when united, would command respect. To the otheradvantages, might be added the precedent itself of calling the Assembléedes Notables, which would perhaps grow into habit. The hope was, thatthe improvements thus promised would be carried into effect; that theywould be maintained during the present reign, and that that would belong enough for them to take some root in the constitution, so that theymight come to be considered as a part of that, and be protected by time, and the attachment of the nation. 

The Count de Vergennes had died a few days before the meeting of theAssembly, and the Count de Montmorin had been named Minister of foreignaffairs, in his place. Villedeuil succeeded Calonne, as ComptrollerGeneral, and Lomenie de Brienne, Archbishop of Toulouse, afterwards ofSens, and ultimately Cardinal Lomenie, was named Minister principal, with whom the other Ministers were to transact the business of theirdepartments, heretofore done with the King in person; and the Duke deNivernois, and M. De Malesherbes, were called to the Council. On thenomination of the Minister principal, the Marshals de Segur and deCastries retired from the departments of War and Marine, unwilling toact subordinately, or to share the blame of proceedings taken out oftheir direction. They were succeeded by the Count de Brienne, brotherof the Prime Minister, and the Marquis de la Luzerne, brother to him whohad been Minister in the United States. 

A dislocated wrist, unsuccessfully set, occasioned advice frommy surgeon, to try the mineral waters of Aix, in Provence, as acorroborant. I left Paris for that place therefore, on the 28th ofFebruary, and proceeded up the Seine, through Champagne and Burgundy, and down the Rhone through the Beaujolais by Lyons, Avignon, Nismes, toAix; where, finding on trial no benefit from the waters, I concluded tovisit the rice country of Piedmont, to see if any thing might be learnedthere, to benefit the rivalship of our Carolina rice with that, andthence to make a tour of the seaport towns of France, along its Southernand Western coast, to inform myself, if any thing could be done tofavor our commerce with them. From Aix, therefore, I took my route byMarseilles, Toulon, Hieres, Nice, across the Col de Tende, by Coni, Turin, Vercelli, Novara, Milan, Pavia, Novi, Genoa. Thence, returningalong the coast by Savona. Noli, Albenga, Oneglia, Monaco, Nice, Antibes, Frejus, Aix, Marseilles, Avignon, Nismes, Montpellier, Frontignan, Sette, Agde, and along the canal of Languedoc, by Beziers, Narbonne, Carcassonne, Castelnaudari, through the Souterrain of St. Feriol, and back by Castelnaudari, to Toulouse; thence to Montauban, and down the Garonne by Langon to Bordeaux. Thence to Rochefort, laRochelle, Nantes, L'Orient; then back by Rennes to Nantes, and up theLoire by Angers, Tours, Amboise, Blois, to Orleans, thence direct toParis, where I arrived on the 10th of June. Soon after my return fromthis journey, to wit, about the latter part of July, I received myyounger daughter, Maria, from Virginia, by the way of London, theyoungest having died some time before. 

The treasonable perfidy of the Prince of Orange, Stadtholder and CaptainGeneral of the United Netherlands, in the war which England wagedagainst them, for entering into a treaty of commerce with the UnitedStates, is known to all. As their Executive officer, charged with theconduct of the war, he contrived to baffle all the measures of theStates General, to dislocate all their military plans, and played falseinto the hands of England against his own country, on every possibleoccasion, confident in her protection, and in that of the King ofPrussia, brother to his Princess. The States General, indignant atthis patricidal conduct, applied to France for aid, according to thestipulations of the treaty, concluded with her in '85. It was assuredto them readily, and in cordial terms, in a letter from the Count deVergennes, to the Marquis de Verac, Ambassador of France at the Hague, of which the following is an extract. 

'_Extrait de la dépêche de Monsieur le Comte de Vergennes à Monsieur leMarquis de Verac, Ambassadeurde France à la Haye, du ler Mars, 1786. 

'Le Roi concourrera, autant qu'il sera en son pouvoir, au succès de lachose, et vous inviterez, de sa part, les Patriotes de lui communiquerleurs vues, leurs plans, et leurs envies. Vous les assurerez, que leroi prend un interêt véritable à leurs personnes cornme à leur cause, etqu'ils peuvent compter sur sa protection. Us doivent y compter d'autantplus, Monsieur, que nous ne dissimulons pas, que si Monsieur leStadtholder reprend son ancienne influence, le système Anglois netardera pas de prévaloir, et que notre alliance deviendroit un être deraison. Les Patriotes sentiront facilement, que cette position seroitincompatible avec la dignité, comme avec la considération de sa Majesté. Mais dans le cas, Monsieur, ou les chefs des Patriotes auroient àcraindre une scission, ils auroient le temps suffisant peur ramener ceuxde leurs amis, que les Anglomanes ont égarés, et préparer les choses, de maniere que la question de nouveau mise en délibération, soit decidéeselon leurs desirs. Dans cette hypothèse, le roi vous autorise à agirde concert avec eux, de suivre la direction qu'ils jugeront devoirvous donner, et d'employer tous les moyens pour augmenter le nombre despartisans de la bonne cause. Il me reste, Monsieur, de vous parler de lasureté personelle des Patriotes. Vous les assurerez, que dans tout étatde cause, le roi les prend sous sa protection immédiate, et vousferez connoître, partout où vous le jugerez nécessaire, que sa Majestéregarderoit comme une offense personelle, tout ce qu'on entreprenderoitcontre leur liberté. Il est á presumer que ce langage, tenu avecénergie, en imposera á l'audace des Anglomanes, et que Monsieurle Prince de Nassau croira courir quelque risque en provoquant leressentiment de sa Majesté. '_ *

 [*Extract from the despatch of the Count de Vergennes, to the Marquis de Verac, Ambassador from France, at the Hague, dated March 1, 1788. 

 'The King will give his aid, as far as may be in his power, towards the success of the affair, and you will, on his part, invite the Patriots to communicate to him their views, their plans, and their discontents. You may assure them, that the King takes a real interest in themselves, as well as their cause, and that they may rely upon his protection. On this they may place the greater dependence, as we do not conceal, that if the Stadtholder resumes his former influence, the English system will soon prevail, and our alliance become a mere affair of the imagination. The Patriots will readily feel, that this position would be incompatible both with the dignity and consideration of his Majesty. But in case the chief of the Patriots should have to fear a division, they would have time sufficient to reclaim those whom the Anglomaniacs had misled, and to prepare matters in such a manner, that the question when again agitated, might be decided according to their wishes. In such a hypothetical case, the King authorizes you to act in concert with them, to pursue the direction which they may think proper to give you, and to employ every means to augment the number of the partisans of the good cause. It remains for me to speak of the personal security of the Patriots. You may assure them, that under every circumstance, the King will take them under his immediate protection, and you will make known wherever you may judge necessary, that his Majesty will regard, as a personal offence, every undertaking against their libeity. It is to be presumed that this language, energetically maintained, may have some effect on the audacity of the Anglomaniacs, and that the Prince de Nassau will feel that he runs some risk in provoking the resentment of his Majesty. ']

This letter was communicated by the Patriots to me, when at Amsterdam, in 1788, and a copy sent by me to Mr. Jay, in my letter to him of March16, 1788. 

The object of the Patriots was, to establish a representative andrepublican government. The majority of the States General were withthem, but the majority of the populace of the towns was with the Princeof Orange; and that populace was played off with great effect by thetriumvirate of * * * Harris, the English Ambassador, afterwards LordMalmesbury, the Prince of Orange, a stupid man, and the Princess, asmuch a man as either of her colleagues, in audaciousness, in enterprise, and in the thirst of domination. By these, the mobs of the Hague wereexcited against the members of the States General; their persons wereinsulted, and endangered in the streets; the sanctuary of their houseswas violated; and the Prince, whose function and duty it was to repressand punish these violations of order, took no steps for that purpose. The States General, for their own protection, were therefore obliged toplace their militia under the command of a Committee. The Prince filledthe courts of London and Berlin with complaints at this usurpation ofhis prerogatives, and, forgetting that he was but the first servant of aRepublic, marched his regular troops against the city of Utrecht, wherethe States were in session. They were repulsed by the militia. Hisinterests now became marshaled with those of the public enemy, andagainst his own country. The States, therefore, exercising their rightsof sovereignty, deprived him of all his powers. The great Frederichad died in August, '86. He had never intended to break with France insupport of the Prince of Orange. During the illness of which he died, he had, through the Duke of Brunswick, declared to the Marquis dela Fayette, who was then at Berlin, that he meant not to support theEnglish interest in Holland: that he might assure the government ofFrance, his only wish was, that some honorable place in the Constitutionshould be reserved for the Stadtholder and his children, and that hewould take no part in the quarrel, unless an entire abolition of theStadtholderate should be attempted. But his place was now occupied byFrederic William, his great nephew, a man of little understanding, muchcaprice, and very inconsiderate: and the Princess, his sister, althoughher husband was in arms against the legitimate authorities of thecountry, attempting to go to Amsterdam, for the purpose of exciting themobs of that place, and being refused permission to pass a military poston the way, he put the Duke of Brunswick at the head of twenty thousandmen, and made demonstrations of marching on Holland. The King of Francehereupon declared, by his Chargé des Affaires in Holland, that ifthe Prussian troops continued to menace Holland with an invasion, hisMajesty, in quality of Ally, was determined to succor that province. Inanswer to this, Eden gave official information to Count Montmorin, thatEngland must consider as at an end, its convention with France relativeto giving notice of its naval armaments, and that she was arminggenerally. War being now imminent, Eden, since Lord Aukland, questionedme on the effect of our treaty with France, in the case of a war, and what might be our dispositions. I told him frankly, and withouthesitation, that our dispositions would be neutral, and that I thoughtit would be the interest of both these powers that we should be so;because, it would relieve both from all anxiety as to feeding their WestIndia islands; that, England, too, by suffering us to remain so, wouldavoid a heavy land war on our Continent, which might very much crippleher proceedings elsewhere; that our treaty, indeed, obliged us toreceive into our ports the armed vessels of France, with their prizes, and to refuse admission to the prizes made on her by her enemies: thatthere was a clause, also, by which we guaranteed to France her Americanpossessions, which might perhaps force us into the war, if these wereattacked. 'Then it will be war, ' said he, 'for they will assuredlybe attacked. ' Liston, at Madrid, about the same time, made the sameenquiries of Carmichael. The government of France then declared adetermination to form a camp of observation at Givet, commenced armingher marine, and named the Bailli de Suffrein their Generalissimo on theOcean. She secretly engaged, also, in negotiations with Russia, Austria, and Spain, to form a quadruple alliance. The Duke of Brunswick havingadvanced to the confines of Holland, sent some of his officers to Givet, to reconnoitre the state of things there, and report them to him. Hesaid afterwards, that 'if there, had been only a few tents at thatplace, he should not have advanced further, for that the king would not, merely for the interest of his sister, engage in a war with France. 'But, finding that there was not a single company there, he boldlyentered the country, took their towns as fast as he presented himselfbefore them, and advanced on Utrecht. The States had appointed theRhingrave of Salm their Commander in chief; a Prince without talents, without courage, and without principle. He might have held out inUtrecht, for a considerable time, but he surrendered the place withoutfiring a gun, literally ran away and hid himself, so that for months itwas not known what was become of him. Amsterdam was then attacked, and capitulated. In the mean time, the negotiations for the quadruplealliance were proceeding favorably; but the secrecy with which they wereattempted to be conducted, was penetrated by Fraser, Chargé des Affairesof England at St. Petersburg, who instantly notified his court, and gavethe alarm to Prussia. The King saw at once what would be his situation, between the jaws of France, Austria, and Russia. In great dismay, hebesought the court of London not to abandon him, sent Alvensleben toParis to explain and soothe; and England, through the Duke of Dorsetand Eden, renewed her conferences for accommodation. The Archbishop, who shuddered at the idea of war, and preferred a peaceful surrenderof right, to an armed vindication of it, received them with openarms, entered into cordial conferences, and a declaration, andcounter-declaration, were cooked up at Versailles, and sent to Londonfor approbation. They were approved there, reached Paris at one o'clockof the 27th, and were signed that night at Versailles. It was said andbelieved at Paris, that M. De Montrnorin, literally 'pleuroit cotnraeun enfant, ' when obliged to sign this counter-declaration; so distressedwas he by the dishonor of sacrificing the Patriots, after assurances sosolemn of protection, and absolute encouragement to proceed. The Princeof Orange was reinstated in all his powers, now become regal. A greatemigration of the Patriots took place; all were deprived of office, manyexiled, and their property confiscated. They were received in France, and subsisted, for some time, on her bounty. Thus fell Holland, by thetreachery of her Chief, from her honorable independence, to becomea province of England; and so, also, her Stadtholder, from the highstation of the first citizen of a free Republic, to be the servileViceroy of a foreign Sovereign. And this was effected by a mere scene ofbullying and demonstration; not one of the parties, France, England, or Prussia, having ever really meant to encounter actual war for theinterest of the Prince of Orange. But it had all the effect of a realand decisive war. 

Our first essay, in America, to establish a federative governmenthad fallen, on trial, very short of its object. During the war ofIndependence, while the pressure of an external enemy hooped ustogether, and their enterprises kept us necessarily on the alert, the spirit of the people, excited by danger, was a supplement to theConfederation, and urged them to zealous exertions, whether claimed bythat instrument or not; but, when peace and safety were restored, andevery man became engaged in useful and profitable occupation, lessattention was paid to the calls of Congress. The fundamental defectof the Confederation was, that Congress was not authorized to actimmediately on the people, and by its own officers. Their power wasonly requisitory, and these requisitions were addressed to the severalLegislatures, to be by them carried into execution, without othercoercion than the moral principle of duty. This allowed, in fact, anegative to every legislature, on every measure proposed by Congress; anegative so frequently exercised in practice, as to benumb the actionof the Federal government, and to render it inefficient in its generalobjects, and more especially in pecuniary and foreign concerns. Thewant, too, of a separation of the Legislative, Executive, and Judiciaryfunctions, worked disadvantageously in practice. Yet this state ofthings afforded a happy augury of the future march of our Confederacy, when it was seen that the good sense and good dispositions of thepeople, as soon as they perceived the incompetence of their firstcompact, instead of leaving its correction to insurrection and civilwar, agreed, with one voice, to elect deputies to a general Convention, who should peaceably meet and agree on such a Constitution as 'wouldensure peace, justice, liberty, the common defence, and generalwelfare. '

This Convention met at Philadelphia on the 25th of May, '87. It sat withclosed doors, and kept all its proceedings secret, until its dissolutionon the 17th of September, when the results of its labors were publishedall together. I received a copy, early in November, and read andcontemplated its provisions with great satisfaction. As not a member ofthe Convention, however, nor probably a single citizen of the Union, hadapproved it in all its parts, so I, too, found articles which I thoughtobjectionable. The absence of express declarations ensuring freedomof religion, freedom of the press, freedom of the person under theuninterrupted protection of the _habeas corpus_ and trial by juryin civil, as well as in criminal cases, excited my jealousy; andthe re-eligibility of the President for life, I quite disapproved. Iexpressed freely, in letters to my friends, and most particularly to Mr. Madison and General Washington, my approbations and objections. Howthe good should be secured, and the ill brought to rights, was thedifficulty. To refer it back to a new Convention, might endanger theloss of the whole. My first idea was, that the nine states first acting, should accept it unconditionally, and thus secure what in it was good, and that the four last should accept on the previous condition, thatcertain amendments should be agreed to; but a better course was devised, of accepting the whole, and trusting that the good sense and honestintentions of our citizens would make the alterations which should bedeemed necessary. Accordingly, all accepted, six without objection, andseven with recommendations of specified amendments. Those respecting thepress, religion, and juries, with several others, of great value, wereaccordingly made; but the _habeas corpus_ was left to the discretion ofCongress, and the amendment against the re-eligibility of the Presidentwas not proposed. My fears of that feature were founded on theimportance of the office, on the fierce contentions it mightexcite among ourselves, if continuable for life, and the dangers ofinterference, either with money or arms, by foreign nations, to whom thechoice of an American President might become interesting. Examplesof this abounded in history; in the case of the Roman Emperors, forinstance; of the Popes, while of any significance; of the GermanEmperors; the Kings of Poland, and the Deys of Barbary. I had observed, too, in the feudal history, and in the recent instance, particularly, of the Stadtholder of Holland, how easily offices, or tenures for life, slide into inheritances. My wish, therefore, was that the Presidentshould be elected for seven years, and be ineligible afterwards. Thisterm I thought sufficient to enable him, with the concurrence of theLegislature, to carry though and establish any system of improvement heshould propose for the general good. But the practice adopted, I think, is better, allowing his continuance for eight years, with a liability tobe dropped at half way of the term, making that a period of probation. That his continuance should be restrained to seven years, was theopinion of the Convention at an earlier stage of its session, when itvoted that term, by a majority of eight against two, and by a simplemajority, that he should be ineligible a second time. This opinion wasconfirmed by the House so late as July 26, referred to the Committee ofdetail, reported favorably by them, and changed to the present form byfinal vote, on the last day, but one only, of their session. Of thischange, three states expressed their disapprobation; New York, byrecommending an amendment, that the President should not be eligiblea third time, and Virginia and North Carolina, that he should not becapable of serving more than eight, in any term of sixteen years; andalthough this amendment has not been made in form, yet practice seemsto have established it. The example of four Presidents, voluntarilyretiring at the end of their eighth year, and the progress of publicopinion, that the principle is salutary, have given it in practice theforce of precedent and usage; insomuch, that should a President consentto be a candidate for a third election, I trust he would be rejected, onthis demonstration of ambitious views. 

But there was another amendment, of which none of us thought at thetime, and in the omission of which, lurks the germ that is to destroythis happy combination of National powers, in the general government, for matters of National concern, and independent powers in the States, for what concerns the States severally. In England, it was a great pointgained at the Revolution, that the commissions of the Judges, which hadhitherto been during pleasure, should thenceforth be made during goodbehavior. A Judiciary, dependant on the will of the King, had proveditself the most oppressive of all tools in the hands of that magistrate. Nothing, then, could be more salutary, than a change there, to thetenure of good behavior; and the question of good behavior, left to thevote of a simple majority in the two Houses of Parliament. Beforethe Revolution, we were all good English Whigs, cordial in their freeprinciples, and in their jealousies of their Executive magistrate. Thesejealousies are very apparent, in all our state Constitutions; and, inthe General government in this instance, we have gone even beyondthe English caution, by requiring a vote of two thirds, in one of theHouses, for removing a Judge; a vote so impossible, where * any defenceis made, before men of ordinary prejudices and passions, that our Judgesare effectually independent of the nation. But this ought not to be. Iwould not, indeed, make them dependant on the Executive authority, as they formerly were in England; but I deem it indispensable to thecontinuance of this government, that they should be submitted to somepractical and impartial control; and that this, to be impartial, mustbe compounded of a mixture of State and Federal authorities. It is notenough, that honest men are appointed Judges. All know the influenceof interest on the mind of man, and how unconsciously his judgmentis warped by that influence. To this bias add that of the _esprit decorps_, of their peculiar maxim and creed, that 'it is the office ofa good Judge to enlarge his jurisdiction, ' and the absence ofresponsibility; and how can we expect impartial decision between theGeneral government, of which they are themselves so eminent a part, andan individual state, from which they have nothing to hope or fear? Wehave seen, too, that, contrary to all correct example, they are inthe habit of going out of the question before them, to throw an anchorahead, and grapple further hold for future advances of power. They arethen, in fact, the corps of sappers and miners, steadily working toundermine the independent rights of the states, and to consolidate allpower in the hands of that government, in which they have so important afreehold estate. But it is not by the consolidation, or concentrationof powers, but by their distribution, that good government is effected. Were not this great country already divided into states, that divisionmust be made, that each might do for itself what concerns itselfdirectly, and what it can so much better do than a distant authority. Every state again is divided into counties, each to take care of whatlies within its local bounds; each county again into townships or wards, to manage minuter details; and every ward into farms, to be governedeach by its individual proprietor. Were we directed from Washingtonwhen to sow, and when to reap, we should soon want bread. It is by thispartition of cares, descending in gradation from general to particular, that the mass of human affairs may be best managed, for the good andprosperity of all. I repeat, that I do not charge the judges with wilfuland ill-intentioned error; but honest error must be arrested, whereits toleration leads to public ruin. As, for the safety of society, we commit honest maniacs to Bedlam, so judges should be withdrawn fromtheir bench, whose erroneous biases are leading us to dissolution. It may, indeed, injure them in fame or in fortune; but it saves theRepublic, which is the first and supreme law. 

 * In the impeachment of Judge Pickering, of New Hampshire, a habitual and maniac drunkard, no defence was made. Had there been, the party vote of more than one third of the Senate would have acquitted him. 

Among the debilities of the government of the Confederation, no one wasmore distinguished or more distressing, than the utter impossibilityof obtaining, from the States, the monies necessary for the paymentof debts, or even for the ordinary expenses of the government. Somecontributed a little, some less, and some nothing; and the last, furnished at length an excuse for the first, to do nothing also. Mr. Adams, while residing at the Hague, had a general authority to borrowwhat sums might be requisite, for ordinary and necessary expenses. Interest on the public debt, and the maintenance of the diplomaticestablishment in Europe, had been habitually provided in this way. Hewas now elected Vice-President of the United States, was soon to returnto America, and had referred our bankers to me for future counsel, onour affairs in their hands. But I had no powers, no instructions, no means, and no familiarity with the subject. It had always beenexclusively under his management, except as to occasional and partialdeposites in the hands of Mr. Grand, banker in Paris, for special andlocal purposes. These last had been exhausted for some time, and Ihad fervently pressed the Treasury board to replenish this particulardeposite, as Mr. Grand now refused to make further advances. Theyanswered candidly, that no funds could be obtained until thenew government should get into action, and have time to make itsarrangements. Mr. Adams had received his appointment to the court ofLondon, while engaged at Paris, with Dr. Franklin and myself, in thenegotiations under our joint commissions. He had repaired thenceto London, without returning to the Hague, to take leave of thatgovernment. He thought it necessary, however, to do so now, before heshould leave Europe, and accordingly went there. I learned his departurefrom London, by a letter from Mrs. Adams, received on the very day onwhich he would arrive at the Hague. A consultation with him, and someprovision for the future, was indispensable, while we could yet availourselves of his powers; for when they would be gone, we should bewithout resource. I was daily dunned by a Company who had formerly madea small loan to the United States, the principal of which was now becomedue; and our bankers in Amsterdam had notified me, that the interest onour general debt would be expected in June; that if we failed to pay it, it would be deemed an act of bankruptcy, and would effectually destroythe credit of the Upited States, and all future prospects of obtainingmoney there; that the loan they had been authorized to open, of whicha third only was filled, had now ceased to get forward, and rendereddesperate that hope of resource. I saw that there was not a moment tolose, and set out for the Hague on the 2nd morning after receiving theinformation of Mr. Adams's journey. I went the direct road by Louvres, Senlis, Roye, Pont St. Maxence, Bois le Due, Gournay, Peronne, Cambray, Bouchain, Valenciennes, Mons, Bruxelles, Malines, Antwerp, Mordick, andRotterdam, to the Hague, where I happily found Mr. Adams. He concurredwith me at once in opinion, that something must be done, and that weought to risk ourselves on doing it without instructions, to save thecredit of the United States. We foresaw, that before the new governmentcould be adopted, assembled, establish its financial system, get themoney into the Treasury, and place it in Europe, considerable time wouldelapse; that, therefore, we had better provide at once for the years'88, '89, and '90, in order to place our government at its ease, and ourcredit in security, during that trying interval. We set out, therefore, by the way of Leyden, for Amsterdam, where we arrived on the 10th, I hadprepared an estimate, showing, that

[Illustration: Financial Projection, American Embassy Paris, page068]

Florins. 

There would be necessary for the year '88--531, 937-10 '89--538, 540'90--473, 540 -------------------- Total, 1, 544, 017-10

Florins. 

To meet this, the bankers had in hand, 79, 268-2-8 and the unsold bondswould yield, 542, 800

622, 068-2-8

Leaving a deficit of 921, 949-7-4

We proposed then to borrow a million, yielding 920, 000

Which would leave a small deficiency of 1, 949-7-4

Mr. Adams accordingly executed 1000 bonds, for 1000 florins each, anddeposited them in the hands of our bankers, with instructions, however, not to issue them until Congress should ratify the measure. This done, he returned to London, and I set out for Paris; and, as nothing urgentforbade it, I determined to return along the banks of the Rhine, toStrasburg, and thence strike off to Paris. I accordingly left Amsterdamon the 30th of March, and proceeded by Utrecht, Nimegnen, Cleves, Duysberg, Dusseldorf, Cologne, Bonne, Coblentz, Nassau, Hocheim, Frankfort, and made an excursion to Hanau, then to Mayence, and anotherexcursion to Rudesheim, and Johansberg; then by Oppenheim, Worms, andManheim, making an excursion to Heidelberg, then by Spire, Carlsruhe, Rastadt, and Kelh, to Sfrasburg, where I arrived April the 16th, and proceeded again on the 18th, by Phalsbourg, Fenestrange, Dieuze, Moyenvie, Nancy, Toul, Ligny, Barleduc, St. Diziers, Vitry, Chalons surMarne, Epernay, Chateau Thierri, Meaux, to Paris, where I arrived onthe 23d of April: and I had the satisfaction to reflect, that by thisjourney, our credit was secured, the new government was placed at easefor two years to come, and that, as well as myself, relieved from thetorment of incessant duns, whose just complaints could not be silencedby any means within our power. 

A Consular Convention had been agreed on in '84, between Dr. Franklinand the French government, containing several articles, so entirelyinconsistent with the laws of the several states, and the general spiritof our citizens, that Congress withheld their ratification, and sentit back to me, with instructions to get those articles expunged, ormodified, so as to render them compatible with our laws. The Ministerunwillingly released us from these concessions, which, indeed, authorized the exercise of powers very offensive in a free state. Aftermuch discussion, the Convention was reformed in a considerable degree, and was signed by the Count Montmorin and myself, on the 14th ofNovember, '88; not indeed, such as I would have wished; but such ascould be obtained with good humor and friendship. 

On my return from Holland, I found Paris as I had left it, still inhigh fermentation. Had the Archbishop, on the close of the Assembly ofNotables, immediately carried into operation the measures contemplated, it was believed they would all have been registered by the Parliament;but he was slow, presented his edicts, one after another, and atconsiderable intervals, which gave time for the feelings excited by theproceedings of the Notables to cool off, new claims to be advanced, anda pressure to arise for a fixed constitution, not subject to changesat the will of the King. Nor should we wonder at this pressure, whenwe consider the monstrous abuses of power under which this people wereground to powder; when we pass in review the weight of their taxes, andthe inequality of their distribution; the oppressions of the tythes, the failles, the corvees, the gabelles, the farms and the barriers;the shackles on commerce by monopolies; on industry by guilds andcorporations; on the freedom of conscience, of thought, and of speech;on the freedom of the press by the censure; and of the person by lettresde cachet; the cruelty of the criminal code generally; the atrocitiesof the rack; the venality of Judges, and their partialities to the rich;the monopoly of military honors by the noblesse; the enormous expensesof the Queen, the Princes, and the Court; the prodigalities of pensions;and the riches, luxury, indolence, and immorality of the Clergy. Surelyunder such a mass of misrule and oppression, a people might justlypress for thorough reformation, and might even dismount their roughshodriders, and leave them to walk, on their own legs. The edicts, relativeto the corvees and free circulation of grain, were first presented tothe Parliament and registered; but those for the impot territorial, and stamp tax, offered some time after, were refused by the Parliament, which proposed a call of the States General, as alone competent to theirauthorization. Their refusal produced a bed of justice, and their exileto Troyes. The Advocates, however, refusing to attend them, a suspensionin the administration of justice took place. The Parliament held out forawhile, but the ennui of their exile and absence from Paris, began atlength to be felt, and some dispositions for compromise to appear. Ontheir consent, therefore, to prolong some of the former taxes, they wererecalled from exile. The King met them in session, November 19, '87, promised to call the States General in the year '92, and a majorityexpressed their assent to register an edict for successive and annualloans from 1788 to '92; but a protest being entered by the Duke ofOrleans, and this encouraging others in a disposition to retract, the King ordered peremptorily the registry of the edict, and left theassembly abruptly. The Parliament immediately protested, that the votesfor the enregistry had not been legally taken, and that they gave nosanction to the loans proposed. This was enough to discredit and defeatthem. Hereupon issued another edict, for the establishment of a _courplenière_ and the suspension of all the Parliaments in the kingdom. This being opposed, as might be expected, by reclamations from all theParliaments and Provinces, the King gave way, and by an edict of July5th, '88, renounced his _cour plenière_, and promised the States Generalfor the first of May, of the ensuing year: and the Archbishop, findingthe times beyond his faculties, accepted the promise of a Cardinal'shat, was removed (September '88) from the Ministry, and Mr. Necker wascalled to the department of finance. The innocent rejoicings of thepeople of Paris on this change, provoked the interference of an officerof the city guards, whose order for their dispersion not being obeyed, he charged them with fixed bayonets, killed two or three, and woundedmany. This dispersed them for the moment, but they collected the nextday in great numbers, burnt ten or twelve guardhouses, killed two orthree of the guards, and lost six or eight more of their own number. Thecity was hereupon put under martial law, and after a while the tumultsubsided. The effect of this change of ministers, and the promise of theStates General at an early day tranquillized the nation. But twogreat questions now occurred. 1st. What proportion shall the number ofdeputies of the _Tiers Etat_ bear to those of the Nobles and Clergy?And, 2nd. Shall they sit in the same or in distinct apartments? Mr. Necker, desirous of avoiding himself these knotty questions, proposed asecond call of the same Notables, and that their advice should be askedon the subject. They met, November 9, '88, and, by five bureaux againstone, they recommended the forms of the States General of 1614; whereinthe Houses were separate, and voted by orders, not by persons. But thewhole nation declaring at once against this, and that the _TiersEtat_ should be, in numbers, equal to both the other orders, and theParliament deciding for the same proportion, it was determined so to be, by a declaration of December 27th, '88. A Report of Mr. Necker, tothe King, of about the same date, contained other very importantconcessions. 1. That the King could neither lay a new tax, nor prolongan old one. 2. It expressed a readiness to agree on the periodicalmeeting of the States. 3. To consult on the necessary restriction on_lettres de cachet_; and 4. How far the press might be made free. 5. Itadmits that the States are to appropriate the public money; and 6. That Ministers shall be responsible for public expenditures. And theseconcessions came from the very heart of the King. He had not a wish butfor the good of the nation; and for that object, no personal sacrificewould ever have cost him a moment's regret; but his mind was weaknessitself, his constitution timid, his judgment null, and withoutsufficient firmness even to stand by the faith of his word. His Queen, too, haughty and bearing no contradiction, had an absolute ascendancyover him; and around her were rallied the King's brother D'Artois, the court generally, and the aristocratic part of his Ministers, particularly Breteuil, Broglio, Vauguyon, Foulon, Luzerne, men whoseprinciples of government were those of the age of Louis XIV. Againstthis host, the good counsels of Necker, Montmorin, St. Priest, althoughin unison with the wishes of the King himself, were of little avail. Theresolutions of the morning, formed under their advice, would be reversedin the evening, by the influence of the Queen and court. But the handof Heaven weighed heavily indeed on the machinations of this junto;producing collateral incidents, not arising out of the case, yetpowerfully co-exciting the nation to force a regeneration of itsgovernment, and overwhelming, with accumulated difficulties, thisliberticide resistance. For, while laboring under the want of moneyfor even ordinary purposes, in a government which required a millionof livres a day, and driven to the last ditch by the universal callfor liberty, there came on a winter of such severe cold, as was withoutexample in the memory of man, or in the written records of history. TheMercury was at times 50° below the freezing point of Farenheit, and 22°below that of Reaumur. All out-door labor was suspended, and the poor, without the wages of labor, were, of course, without either breador fuel. The government found its necessities aggravated by that ofprocuring immense quantities of firewood, and of keeping great fires atall the cross streets, around which the people gathered in crowds, toavoid perishing with cold. Bread, too, was to be bought, and distributeddaily, _gratis_, until a relaxation of the season should enable thepeople to work: and the slender stock of bread-stuff had for some timethreatened famine, and had raised that article to an enormous price. Sogreat, indeed, was the scarcity of bread, that, from the highest to thelowest citizen, the bakers were permitted to deal but a scanty allowanceper head, even to those who paid for it; and, in cards of invitationto dine in the richest houses, the guest was notified to bring his ownbread. To eke out the existence of the people, every person who hadthe means, was called on for a weekly subscription, which the Curescollected, and employed in providing messes for the nourishment of thepoor, and vied with each other in devising such economical compositionsof food, as would subsist the greatest number with the smallest means. This want of bread had been foreseen for some time past, and M. DeMontmorin had desired me to notify it in America, and that, in additionto the market price, a premium should be given on what should be broughtfrom the United States. Notice was accordingly given, and producedconsiderable supplies. Subsequent information made the importations fromAmerica, during the months of March, April, and May, into the Atlanticports of France, amount to about twenty-one thousand barrels of flour, besides what went to other ports, and in other months; while oursupplies to their West Indian islands relieved them also from thatdrain. This distress for bread continued till July. 

Hitherto no acts of popular violence had been produced by the strugglefor political reformation. Little riots, on ordinary incidents, hadtaken place at other times, in different parts of the kingdom, in whichsome lives, perhaps a dozen or twenty, had been lost; but in the monthof April, a more serious one occurred in Paris, unconnected, indeed, with the Revolutionary principle, but making part of the history ofthe day. The Fauxbourg St. Antoine, is a quarter of the city inhabitedentirely by the class of day-laborers and journeymen in every line. Arumor was spread among them, that a great paper-manufacturer, of thename of Reveillon, had proposed, on some occasion, that their wagesshould be lowered to fifteen sous a day. Inflamed at once into rage, and without inquiring into its truth, they flew to his house invast numbers, destroyed every thing in it, and in his magazines andwork-shops, without secreting, however, a pin's worth to themselves, andwere continuing this work of devastation, when the regular troops werecalled in. Admonitions being disregarded, they were of necessity firedon, and a regular action ensued, in which about one hundred of them werekilled, before the rest would disperse. There had rarely passed a yearwithout such a riot, in some part or other of the kingdom; and thisis distinguished only as cotemporary with the Revolution, although notproduced by it. 

The States General were opened on the 5th of May, '89, by speeches fromthe King, the Garde des Sceaux, Lamoignon, and Mr. Necker. The last wasthought to trip too lightly over the constitutional reformations whichwere expected. His notices of them in this speech, were not as fullas in his previous _Rapport au Roi_. This was observed, to hisdisadvantage: but much allowance should have been made for the situationin which he was placed, between his own counsels and those of theministers and party of the court. Overruled in his own opinions, compelled to deliver, and to gloss over those of his opponents, and evento keep their secrets, he could not come forward in his own attitude. 

The composition of the Assembly, although equivalent, on the whole, towhat had been expected, was something different in its elements. It hadbeen supposed, that a superior education would carry into the scaleof the Commons, a respectable portion of the Noblesse. It did so as tothose of Paris, of its vicinity, and of the other considerable cities, whose greater intercourse with enlightened society had liberalized theirminds, and prepared them to advance up to the measure of the times. Butthe Noblesse of the country, which constituted two thirds of that body, were far in their rear. Residing constantly on their patrimonial feuds, and familiarized, by daily habit, with Seigneurial powers and practices, they had not yet learned to suspect their inconsistence with reason andright. They were willing to submit to equality of taxation, but not todescend from their rank and prerogatives to be incorporated in sessionwith the _Tiers Etat_. Among the Clergy, on the other hand, it had beenapprehended that the higher orders of the Hierarchy, by their wealth andconnections, would have carried the elections generally; but it turnedout, that in most cases, the lower clergy had obtained the popularmajorities. These consisted of the Cureés sons of the peasantry, whohad been employed to do all the drudgery of parochial services for ten, twenty, or thirty louis a year; while their superiors were consumingtheir princely revenues in palaces of luxury and indolence. Theobjects for which this body was convened, being of the first order ofimportance, I felt it very interesting to understand the views of theparties of which it was composed, and especially the ideas prevalent, as to the organization contemplated for their government. I went, therefore, daily from Paris to Versailles, and attended their debates, generally till the hour of adjournment. Those of the Noblesse wereimpassioned and tempestuous. They had some able men on both sides, actuated by equal zeal. The debates of the Commons were temperate, rational, and inflexibly firm. As preliminary to all other business, the awful questions came on: Shall the States sit in one, or in distinctapartments? And shall they vote by heads or houses? The opposition wassoon found to consist of the Episcopal order among the clergy, and twothirds of the _Noblesse_; while the _Tiers Etat_ were, to a man, unitedand determined. After various propositions of compromise had failed, the Commons undertook to cut the Gordian knot. The Abbe Sieyes, the mostlogical head of the nation, (author of the pamphlet '_Qu'est ce que leTiers Etat?_' which had electrified that country, as Paine's 'CommonSense' did us, ) after an impressive speech on the 10th of June, movedthat a last invitation should be sent to the Nobles and Clergy, toattend in the hall of the States, collectively or individually, for theverification of powers, to which the Commons would proceed immediately, either in their presence or absence. This verification being finished, a motion was made, on the 15th, that they should constitute themselves aNational Assembly; which was decided on the 17th, by a majority of fourfifths. During the debates on this question, about twenty of the Curéshad joined them, and a proposition was made, in the chamber of theClergy, that their whole body should join. This was rejected, at first, by a small majority only; but, being afterwards somewhat modified, itwas decided affirmatively, by a majority of eleven. While this was underdebate, and unknown to the court, to wit, on the 19th, a council washeld in the afternoon, at Marly, wherein it was proposed that the Kingshould interpose, by a declaration of his sentiments, in a _séanceroyale_. A form of declaration was proposed by Necker, which, while itcensured, in general, the preceedings, both of the Nobles and Commons, announced the King's views, such as substantially to coincide with theCommons. It was agreed to in Council, the _séance_ was fixed for the22nd, the meetings of the States were till then to be suspended, andevery thing, in the mean time, kept secret. The members, the nextmorning (the 20th) repairing to their house, as usual, found the doorsshut and guarded, a proclamation posted up for a séance, royale on the22nd, and a suspension of their meetings in the mean, time. Concludingthat their dissolution was now to take place, they repaired to abuilding called the _Jeu de paume_ (or Tennis court), and there boundthemselves by oath to each other, never to separate, of their ownaccord, till they had settled a constitution for the nation, on a solidbasis, and, if separated by force, that they would reassemble in someother place. The next day they met in the church of St. Louis, and werejoined by a majority of the clergy. The heads of the aristocracy sawthat all was lost without some bold exertion. The King was still atMarly. Nobody was permitted to approach him but their friends. He wasassailed by falsehoods in all shapes. He was made to believe that theCommons were about to absolve the army from their oath of fidelityto him, and to raise their pay. The court party were now all rage anddesperation. They procured a committee to be held, consisting of theKing and his Ministers, to which Monsieur and the Count d'Artoisshould be admitted. At this committee, the latter attacked Mr. Neckerpersonally, arraigned his declaration, and proposed one which some ofhis prompters had put into his hands. Mr. Necker was browbeaten andintimidated, and the King shaken. He determined that the two plansshould be deliberated on the next day, and the _séance royale_ put off aday longer. This encouraged a fiercer attack on Mr. Necker the next day. His draught of a declaration was entirely broken up, and that of theCount d'Artois inserted into it. Himself and Montmorin offered theirresignation, which was refused; the Count d'Artois saying to Mr. Necker, 'No, sir, you must be kept as the hostage; we hold you responsible forall the ill which shall happen. ' This change of plan was immediatelywhispered without doors. The _Noblesse_ were in triumph; the people inconsternation. I was quite alarmed at this state of things. The soldieryhad not yet indicated which side they should take, and that which theyshould support would be sure to prevail. I considered a successfulreformation of government in France as insuring a general reformationthrough Europe, and the resurrection to a new life of their people, now ground to dust by the abuses of the governing powers. I was muchacquainted with the leading patriots of the Assembly. Being from acountry which had successfully passed through a similar reformation, they were disposed to my acquaintance, and had some confidence in me. I urged, most strenuously, an immediate compromise; to secure what thegovernment was now ready to yield, and trust to future occasions forwhat might still be wanting. It was well understood that the King wouldgrant, at this time, 1. Freedom of the person by _habeas corpus_. 2. Freedom of conscience: 3. Freedom of the press: 4. Trial by jury: 5. Arepresentative legislature: 6. Annual meetings: 7. The origination oflaws: 8. The exclusive right of taxation and appropriation: and 9. Theresponsibility of ministers: and with the exercise of these powers theycould obtain, in future, whatever might be further necessary to improveand preserve their constitution. They thought otherwise, however, andevents have proved their lamentable error. For, after thirty yearsof war, foreign and domestic, the loss of millions of lives, theprostration of private happiness, and the foreign subjugation of theirown country for a time, they have obtained no more, nor even thatsecurely. They were unconscious of (for who could foresee?) themelancholy sequel of their well-meant perseverance; that their physicalforce would be usurped by a first tyrant to trample on the independence, and even the existence, of other nations: that this would afford a fatalexample for the atrocious conspiracy of kings against their people;would generate their unholy and homicide alliance to make common causeamong themselves, and to crush, by the power of the whole, the effortsof any part, to moderate their abuses and oppressions. When the Kingpassed, the next day, through the lane formed from the Chateau to the_Hotel des Etats_, there was a dead silence. He was about an hour inthe House, delivering his speech and declaration. On his coming out, afeeble cry of _Vive le Roy_ was raised by some children, but the peopleremained silent and sullen. In the close of his speech, he had orderedthat the members should follow him, and resume their deliberations thenext day. The _Noblesse_ followed him, and so did the clergy, exceptabout thirty, who, with the _Tiers_, remained in the room, and enteredinto deliberation. They protested against what the King had done, adhered to all their former proceedings, and resolved the inviolabilityof their own persons. An officer came to order them out of the roomin the King's name. 'Tell those who sent you, ' said Mirabeau, 'that weshall not move hence but at our own will, or the point of the bayonet. 'In the afternoon, the people, uneasy, began to assemble in great numbersin the courts and vicinities of the palace. This produced alarm. TheQueen sent for Mr. Necker. He was conducted, amidst the shouts andacclamations of the multitude, who filled all the apartments of thepalace. He was a few minutes only with the Queen, and what passedbetween them did not transpire. The King went out to ride. He passedthrough the crowd to his carriage, and into it, without being in theleast noticed. As Mr. Necker followed him, universal acclamationswere raised of '_Vive Monsieur Necker, vive le sauveur de la Franceopprimée_. ' He was conducted back to his house, with the samedemonstrations of affection and anxiety. About two hundred deputies ofthe _Tiers_, catching the enthusiasm of the moment, went to his house, and extorted from him a promise that he would not resign. On the 25th, forty-eight of the Nobles joined the _Tiers_, and among them the Duke ofOrleans. There were then with them one hundred and sixty-four membersof the clergy, although the minority of that body still sat apart, andcalled themselves the Chamber of the Clergy. On the 26th, the Archbishopof Paris joined the Tiers, as did some others of the clergy and of the_Noblesse_. 

These proceedings had thrown the people into violent ferment. It gainedthe soldiery, first of the French guards, extended to those of everyother denomination, except the Swiss, and even to the body guards ofthe King. They began to quit their barracks, to assemble in squads, todeclare they would defend the life of the King, but would not be themurderers of their fellow-citizens. They called themselves the soldiersof the nation, and left now no doubt on which side they would be, incase of a rupture. Similar accounts came in from the troops in otherparts of the kingdom, giving good reason to believe they would sidewith their fathers and brothers, rather than with their officers. The operation of this medicine at Versailles, was as sudden as it waspowerful. The alarm there was so complete, that in the afternoon of the27th, the King wrote with his own hand letters to the Presidents of theClergy and Nobles, engaging them immediately to join the _Tiers_. Thesetwo bodies were debating, and hesitating, when notes from the Countd'Artois decided their compliance. They went in a body, and took theirseats with the Tiers, and thus rendered the union of the orders in onechamber complete. 

The Assembly now entered on the business of their mission, and firstproceeded to arrange the order in which they would take up the heads oftheir constitution, as follows:

First, and as preliminary to the whole, a general declaration of therights of man. Then, specifically, the principles of the monarchy;rights of the nation; rights of the king; rights of the citizens;organization and rights of the National Assembly; forms necessary forthe enactment of laws; organization and functions of the Provincialand Municipal Assemblies; duties and limits of the Judiciary power;functions and duties of the Military power. 

A declaration of the rights of man, as the preliminary of their work, was accordingly prepared and proposed by the Marquis de la Fayette. 

But the quiet of their march was soon disturbed by information thattroops, and particularly the foreign troops, were advancing on Parisfrom various quarters. The King had probably been advised to this on thepretext of preserving peace in Paris. But his advisers were believed tohave other things in contemplation. The Marshal de Broglio was appointedto their command, a highflying aristocrat, cool and capable of everything. Some of the French guards were soon arrested, under otherpretexts, but really on account of their dispositions in favor of thenational cause. The people of Paris forced their prison, liberated them, and sent a deputation to the Assembly to solicit a pardon. The Assemblyrecommended peace and order to the people of Paris, the prisoners tothe King, and asked from him the removal of the troops. His answer wasnegative and dry, saying they might remove themselves, if they pleased, to Noyon or Soissons. In the mean time, these troops, to the number oftwenty or thirty thousand, had arrived, and were posted in and betweenParis and Versailles. The bridges and passes were guarded. At threeo'clock in the afternoon of the 11th of July, the Count de la Luzernewas sent to notify Mr. Necker of his dismission, and to enjoin him toretire instantly, without saying a word of it to any body. He went home, dined, and proposed to his wife a visit to a friend, but went in factto his country-house at St. Ouen, and at midnight set out for Brussels. This was not known till the next day (the 12th), when the wholeministry was changed, except Villedeuil, of the domestic department, andBarenton, _Garde des Sceaux_. The changes were as follows. 

The Baron de Breteuil, President of the Council of Finance; de laGalasiere, Comptroller General, in the room of Mr. Necker; the Marshalde Broglio, Minister of War, and Foulon under him, in the room ofPuy-Segur; the Duke de la Vauguyon, Minister of Foreign Affairs, insteadof the Count de Montmorin; de la Porte, Minister of Marine, in place ofthe Count de la Luzerne; St. Priest was also removed from the Council. Lucerne and Puy Segur had been strongly of the aristocratic party inthe Council but they were not considered as equal to the work now tobe done. The King was now completely in the hands of men, the principalamong whom had been noted through their lives for the Turkish despotismof their characters, and who were associated around the King as properinstruments for what was to be executed. The news of this change beganto be known at Paris about one or two o'clock. In the afternoon, a bodyof about one hundred German cavalry were advanced, and drawn up in thePlace Louis XV. , and about two hundred Swiss posted at a little distancein their rear. This drew people to the spot, who thus accidentally foundthemselves in front of the troops, merely at first as spectators; but, as their numbers increased, their indignation rose. They retired a fewsteps, and posted themselves on and behind large piles of stones, largeand small, collected in that place for a bridge, which was to be builtadjacent to it. In this position, happening to be in my carriage on avisit, I passed through the lane they had formed, without interruption. But the moment after I had passed, the people attacked the cavalry withstones. They charged, but the advantageous position of the people, andthe showers of stones, obliged the horse to retire, and quit the fieldaltogether, leaving one of their number on the ground, and the Swiss intheir rear, not moving to their aid. This was the signal for universalinsurrection, and this body of cavalry, to avoid being massacred, retired towards Versailles. The people now armed themselves with suchweapons as they could find in armorers' shops, and private houses, andwith bludgeons; and were roaming all night, through all parts of thecity, without any decided object. The next day (the 13th), the Assemblypressed on the king to send away the troops, to permit the Bourgeoisieof Paris, to arm for the preservation of order in the city, and offeredto send a deputation from their body to tranquillize them: but theirpropositions were refused. A committee of magistrates and electorsof the city were appointed by those bodies, to take upon them itsgovernment. The people, now openly joined by the French guards, forcedthe prison of St. Lazare, released all the prisoners, and took a greatstore of corn, which they carried to the corn market. Here they gotsome arms, and the French guards began to form and train; them. Thecity-committee determined to raise forty-eight thousand _Bourgeois_, orrather to restrain their numbers to forty-eight thousand. On the 14th, they sent one of their members (Monsieur de Corny) to the _Hotel desInvalides_, to ask arms for their _Garde Bourgeoise_. He was followedby, and he found there, a great collection of people. The Governorof the Invalids came out, and represented the impossibility of hisdelivering arms, without the orders of those from whom he received them. De Corny advised the people then to retire, and retired himself; but thepeople took possession of the arms, it was remarkable, that not only theInvalids themselves made no opposition, but that a body of five thousandforeign troops, within four hundred yards, never stirred. M. De Corny, and five others, were then sent to ask arms of M. De Launay, Governor ofthe Bastile. They found a great collection of people already before theplace, and they immediately planted a flag of truce, which was answeredby a like flag hoisted on the parapet. The deputation prevailed on thepeople to fall back a little, advanced themselves to make their demandof the Governor, and in that instant, a discharge from the Bastilekilled four persons, of those nearest to the deputies. The deputiesretired. I happened to be at the house of M. De Corny, when he returnedto it, and received from him a narrative of these transactions. On theretirement of the deputies, the people rushed forward, and almost in aninstant, were in possession of a fortification, of infinite strength, defended by one hundred men, which in other times, had stood severalregular sieges, and had never been taken. How they forced their entrancehas never been explained. They took all the arms, discharged theprisoners, and such of the garrison as were not killed in the firstmoment of fury; carried the Governor and Lieutenant Governor to thePlace de Greve (the place of public execution), cut off their heads, andsent them through the city, in triumph, to the Palais Royal. About thesame instant, a treacherous correspondence having been discovered in M. De Flesselles, _Prévôt des Marchands_, they seized him in the _Hotelde Ville_, where he was in the execution of his office, and cut off hishead. These events, carried imperfectly to Versailles, were the subjectof two successive deputations from the Assembly to the King, to both ofwhich he gave dry and hard answers; for nobody had as yet been permittedto inform him, truly and fully, of what had passed at Paris. But atnight, the Duke de Liancourt forced his way into the King's bed-chamber, and obliged him to hear a full and animated detail of the disasters ofthe day in Paris. He went to bed fearfully impressed. The decapitationof De Launay worked powerfully, through the night, on the wholeAristocratical party; insomuch, that in the morning, those of thegreatest influence on the Count d'Artois, represented to him theabsolute necessity, that the King should give up every thing to theAssembly. This according with the dispositions of the King, he wentabout eleven o'clock, accompanied only by his brothers, to the Assembly, and there read to them a speech, in which he asked their interpositionto re-establish order. Although couched in terms of some caution, yetthe manner in which it was delivered made it evident, that it wasmeant as a surrender at discretion. He returned to the Chateau afoot, accompanied by the Assembly. They sent off a deputation to quiet Paris, at the head of which was the Marquis de la Fayette, who had, the samemorning, been named _Commandant en Chef_ of the _Milice Bourgeoise_; andMonsieur Bailly, former President of the States General, was called foras _Prévôt des Marchands_. The demolition of the Bastile was now orderedand begun. A body of the Swiss guards, of the regiment of Ventimille, and the city horse-guards joined the people. The alarm at Versaillesincreased. The foreign troops were ordered off instantly. Every Ministerresigned. The King confirmed Bailly as Prévôt des Marchands, wrote toMr. Necker, to recall him, sent his letter open to the Assembly, to beforwarded by them, and invited them to go with him to Paris the nextday, to satisfy the city of his dispositions; and that night, andthe next morning, the Count d'Artois, and M. De Montesson, a deputyconnected with him, Madame de Polignac, Madame de Guiche, and the Countde Vaudreuil, favorites of the Queen, the Abbe de Vermont her confessor, the Prince of Conde. And Duke of Bourbon fled. The King came to Paris, leaving the Queen in consternation for his return. Omitting the lessimportant figures of the procession, the King's carriage was in thecentre; on each side of it, the Assembly, in two ranks afoot; at theirhead the Marquis de la Fayette, as commander-in-chief, on horse-back, and _Bourgeois_ guards before and behind. About sixty thousand citizens, of all forms and conditions, armed with the conquests of the Bastile andInvalids, as far as they would go, the rest with pistols, swords, pikes, pruning hooks, scythes, &c. Lined all the streets through which theprocession passed, and with the crowds of people in the streets, doors, and windows, saluted them everywhere with the cries of '_Vive laNation_, ' but not a single '_Vive le Roi_' was heard. The King stoppedat the _Hotel de Ville_. There M. Bailly presented, and put into hishat, the popular cockade, and addressed him. The King being unprepared, and unable to answer, Bailly went to him, gathered from him somescraps of sentences, and made out an answer, which he delivered to theaudience, as from the King. On their return, the popular cries were'_Vive le Roi et la Nation_. ' He was conducted by a _garde Bourgeoise_, to his palace at Versailles, and thus concluded such an '_amendehonorable_, ' as no sovereign ever made, and no people ever received. 

And here, again, was lost another precious occasion of sparing to Francethe crimes and cruelties through which she has since passed, and toEurope, and finally America, the evils which flowed on them also fromthis mortal source. The King was now become a passive machine in thehands of the National Assembly, and had he been left to himself, hewould have willingly acquiesced in whatever they should devise as bestfor the nation. A wise constitution would have been formed, hereditaryin his line, himself placed at its head, with powers so large, as toenable him to do all the good of his station, and so limited, as torestrain him from its abuse. This he would have faithfully administered, and more than this, I do not believe, he ever wished. But he had a Queenof absolute sway over his weak mind and timid virtue, and of a characterthe reverse of his in all points. This angel, as gaudily painted in therhapsodies of Burke, with some smartness of fancy, but no sound sense, was proud, disdainful of restraint, indignant at all obstacles to herwill, eager in the pursuit of pleasure, and firm enough to hold toher desires, or perish in their wreck. Her inordinate gambling anddissipations, with those of the Count d'Artois, and others of herclique, had been a sensible item in the exhaustion of the treasury, which called into action the reforming hand of the nation; and heropposition to it, her inflexible perverseness, and dauntless spirit, ledherself to the Guillotine, drew the King on with her, and plunged theworld into crimes and calamities which will for ever stain the pagesof modern history. I have ever believed, that had there been no Queen, there would have been no revolution. No force would have been provoked, nor exercised. The King would have gone hand in hand with the wisdom ofhis sounder counsellors, who, guided by the increased lights of theage, wished only, with the same pace, to advance the principles of theirsocial constitution. The deed which closed the mortal course of thesesovereigns, I shall neither approve nor condemn. I am not prepared tosay, that the first magistrate of a nation cannot commit treason againsthis country, or is unamenable to its punishment: nor yet, that wherethere is no written law, no regulated tribunal, there is not a law inour hearts, and a power in our hands, given for righteous employment inmaintaining right, and redressing wrong. Of those who judged the King, many thought him wilfully criminal; many, that his existence would keepthe nation in perpetual conflict with the horde of Kings, who would waragainst a regeneration which might come home to themselves, and that itwere better that one should die than all. I should not have voted withthis portion of the legislature. I should have shut up the Queen ina convent, putting harm out of her power, and placed the King in hisstation, investing him with limited powers, which, I verily believe, he would have honestly exercised, according to the measure of hisunderstanding. In this way, no void would have been created, courtingthe usurpation of a military adventurer, nor occasion given for thoseenormities which demoralized the nations of the world, and destroyed, and is yet to destroy, millions and millions of its inhabitants. Thereare three epochs in history, signalized by the total extinction ofnational morality. The first was of the successors of Alexander, notomitting himself: the next, the successors of the first Cæsar: thethird, our own age. This was begun by the partition of Poland, followedby that of the treaty of Pilnitz; next the conflagration of Copenhagen;then the enormities of Bonaparte, partitioning the earth at his will, and devastating it with fire and sword; now the conspiracy of Kings, the successors of Bonaparte, blasphemously calling themselves 'The HolyAlliance, ' and treading in the footsteps of their incarcerated leader;not yet, indeed, usurping the government of other nations, avowedly andin detail, but controlling by their armies the forms in which they willpermit them to be governed; and reserving, _in petto_, the order andextent of the usurpations further meditated. But I will return from adigression, anticipated, too, in time, into which I have been ledby reflection on the criminal passions which refused to the worlda favorable occasion of saving it from the afflictions it has sincesuffered. 

Mr. Necker had reached Basle before he was overtaken by the letter ofthe King, inviting him back to resume the office he had recently left. He returned immediately, and all the other ministers having resigned, a new administration was named, to wit: St. Priest and Montmorin wererestored; the Archbishop of Bordeaux was appointed _Garde des Sceaux_;La Tour du Pin, Minister of War; La Luzerne, Minister of Marine. Thislast was believed to have been effected by the friendship of Montmorin;for although differing in politics, they continued firm in friendship, and Luzerne, although not an able man, was thought an honest one. Andthe Prince of Bauvau was taken into the Council. 

Seven Princes of the blood royal, six ex-ministers, and many of thehigh _Noblesse_, having fled, and the present ministers, except Luzerne, being all of the popular party, all the functionaries of governmentmoved, for the present, in perfect harmony. 

In the evening of August the 4th, and on the motion of the Viscountde Noailles, brother-in-law of La Fayette, the Assembly abolished alltitles of rank, all the abusive privileges of feudalism, the tythesand casuals of the clergy, all provincial privileges, and, in fine, thefeudal regimen generally. To the suppression of tythes, the Abbe Sieyeswas vehemently opposed; but his learned and logical arguments wereunheeded, and his estimation lessened by a contrast of his egoism (forhe was beneficed on them) with the generous abandonment of rights by theother members of the Assembly. Many days were employed in putting intothe form of laws the numerous demolitions of ancient abuses; which done, they proceeded to the preliminary work of a declaration of rights. Therebeing much concord of sentiment on the elements of this instrument, itwas liberally framed, and passed with a very general approbation. They then appointed a committee for the 'reduction of a _projet_' ofa constitution, at the head of which was the Archbishop of Bordeaux. Ireceived from him, as chairman of the committee, a letter of July the20th, requesting me to attend and assist at their deliberations; but Iexcused myself, on the obvious considerations, that my mission was tothe King as Chief Magistrate of the nation, that my duties were limitedto the concerns of my own country, and forbade me to intermeddle withthe internal transactions of that in which I had been received under aspecific character only. Their plan of a constitution was discussedin sections, and so reported from time to time, as agreed to by thecommittee. The first respected the general frame of the government;and that this should be formed into three departments, executive, legislative, and judiciary, was generally agreed. But when theyproceeded to subordinate developments, many and various shades ofopinion came into conflict, and schism, strongly marked, broke thePatriots into fragments of very discordant principles. The firstquestion, Whether there should be a King? met with no open opposition;and it was readily agreed, that the government of France should bemonarchical and hereditary. Shall the King have a negative on the laws?Shall that negative be absolute, or suspensive only? Shall there betwo Chambers of Legislation, or one only? If two, shall one of them behereditary? or for life? or for a fixed term? and named by the King?or elected by the people? These questions found strong differences ofopinion, and produced repulsive combinations among the Patriots. Thearistocracy was cemented by a common principle of preserving the ancientregime or whatever should be nearest to it. Making this their polarstar, they moved in phalanx, gave preponderance on every question to theminorities of the Patriots, and always to those who advocated theleast change. The features of the new constitution were thus assuming afearful aspect, and great alarm was produced among the honest Patriotsby these dissensions in their ranks. In this uneasy state of things, Ireceived one day a note from the Marquis de la Fayette, informing me, that he should bring a party of six or eight friends, to ask a dinner ofme the next day. I assured him of their welcome. When they arrived, theywere La Fayette himself, Duport, Barnave, Alexander la Meth, Blacon, Mounier, Maubourg, and Dagout. These were leading Patriots, of honestbut differing opinions, sensible of the necessity of effecting acoalition by mutual sacrifices, knowing each other, and not afraid, therefore, to unbosom themselves mutually. This last was a materialprinciple in the selection. With this view, the Marquis had invited theconference, and had fixed the time and place inadvertently, as to theembarrassment under which it might place me. The cloth being removed, and wine set on the table, after the American manner, the Marquisintroduced the objects of the conference, by summarily reminding them ofthe state of things in the Assembly, the course which the principles ofthe constitution were taking, and the inevitable result, unless checkedby more concord among the Patriots themselves. He observed, thatalthough he also had his opinion, he was ready to sacrifice it to thatof his brethren of the same cause; but that a common opinion must now beformed, or the aristocracy would carry every thing, and that, whateverthey should now agree on, he, at the head of the national force, wouldmaintain. The discussions began at the hour of four, and were continuedtill ten o'clock in the evening; during which time I was a silentwitness to a coolness and candor of argument unusual in the conflictsof political opinion; to a logical reasoning, and chaste eloquence, disfigured by no gaudy tinsel of rhetoric or declamation, and trulyworthy of being placed in parallel with the finest dialogues ofantiquity, as handed to us by Xenophon, by Plato, and Cicero. The resultwas, that the King should have a suspensive veto on the laws, that thelegislature should be composed of a single body only, and that tobe chosen by the people. This Concordat decided the fate of theconstitution. The Patriots all rallied to the principles thus settled, carried every question agreeably to them, and reduced the aristocracyto insignificance and impotence. But duties of exculpation were nowincumbent on me. I waited on Count Montmorin the next morning, andexplained to him, with truth and candor, how it happened that my househad been made the scene of conferences of such a character. He told mehe already knew every thing which had passed, that so far from takingumbrage at the use made of my house on that occasion, he earnestlywished I would habitually assist at such conferences, being sure Ishould be useful in moderating the warmer spirits, and promoting awholesome and practicable reformation only. I told him I knew too wellthe duties I owed to the King, to the nation, and to my own country, totake any part in councils concerning their internal government, and thatI should persevere, with care, in the character of a neutral and passivespectator, with wishes only, and very sincere ones, that those measuresmight prevail which would be for the greatest good of the nation. I haveno doubt, indeed, that this conference was previously known and approvedby this honest minister, who was in confidence and communication withthe Patriots, and wished for a reasonable reform of the constitution. 

Here I discontinue my relation of the French Revolution. The minutenesswith which I have so far given its details, is disproportioned to thegeneral scale of my narrative. But I have thought it justified by theinterest which the whole world must take in this Revolution. As yet, weare but in the first chapter of its history. The appeal to the rights ofman, which had been made in the United States, was taken up by France, first of the European nations. From her the spirit has spread over thoseof the South. The tyrants of the North have allied indeed against it;but it is irresistible. Their opposition will only multiply its millionsof human victims; their own satellites will catch it, and the conditionof man through the civilized world, will be finally and greatlymeliorated. This is a wonderful instance of great events from smallcauses. So inscrutable is the arrangement of causes and consequencesin this world, that a two-penny duty on tea, unjustly imposed in asequestered part of it, changes the condition of all its inhabitants. I have been more minute in relating the early transactions of thisregeneration, because I was in circumstances peculiarly favorable fora knowledge of the truth. Possessing the confidence and intimacy of theleading Patriots, and more than all, of the Marquis Fayette, their headand Atlas, who had no secrets from me, I learned with correctness theviews and proceedings of that party; while my intercourse with thediplomatic missionaries of Europe at Paris, all of them with thecourt, and eager in prying into its councils and proceedings, gave mea knowledge of these also. My information was always, and immediatelycommitted to writing, in letters to Mr. Jay, and often to my friends, and a recurrence to these letters now insures me against errors ofmemory. These opportunities of information ceased at this period, withmy retirement from this interesting scene of action. I had been morethan a year soliciting leave to go home, with a view to place mydaughters in the society and care of their friends, and to return for ashort time to my station at Paris. But the metamorphosis through whichour government was then passing from its chrysalid to its organic form, suspended its action in a great degree; and it was not till the lastof August that I received the permission I had asked. And here I cannotleave this great and good country, without expressing my sense ofits pre-eminence of character among the nations of the earth. A morebenevolent people I have never known, nor greater warmth and devotednessin their select friendships. Their kindness and accommodation tostrangers is unparalleled, and the hospitality of Paris is beyond anything I had conceived to be practicable in a large city. Their eminence, too, in science, the communicative dispositions of their scientific men, the politeness of the general manners, the ease and vivacity of theirconversation, give a charm to their society, to be found nowhere else. In a comparison of this with other countries, we have the proof ofprimacy, which was given to Themistocles after the battle of Salamis. Every general voted to himself the first reward of valor, and the secondto Themistocles. So, ask the traveled inhabitant of any nation, In whatcountry on earth would you rather live?--Certainly, in my own, where areall my friends, my relations, and the earliest and sweetest affectionsand recollections of my life. Which would be your second choice? France. 

On the 26th of September, I left Paris for Havre, where I was detainedby contrary winds, until the 8th of October. On that day, and the 9th, I crossed over to Cowes, where I had engaged the Clermont, Capt. Colley, to touch for me. She did so; but here again we were detained by contrarywinds, until the 22nd, when we embarked, and landed at Norfolk on the23rd of November. On my way home, I passed some days at Eppington, inChesterfield, the residence of my friend and connection, Mr. Eppes; and, while there, I received a letter from the President, General Washington, by express, covering an appointment to be Secretary of State. [SeeAppendix, note H. ] I received it with real regret. My wish had beento return to Paris, where I had left my household establishment, asif there myself, and to see the end of the Revolution, which, I thenthought, would be certainly and happily closed in less than a year. Ithen meant to return home, to withdraw from political life, into whichI had been impressed by the circumstances of the times, to sink intothe bosom of my family and friends, and devote myself to studies morecongenial to my mind. In my answer of December 15th, I expressed thesedispositions candidly to the President, and my preference of a return toParis; but assured him, that if it was believed I could be more usefulin the administration of the government, I would sacrifice my owninclinations without hesitation, and repair to that destination: this Ileft to his decision. I arrived at Monticello on the 23rd of December, where I received a second letter from the President, expressing hiscontinued wish, that I should take my station there, but leavingme still at liberty to continue in my former office, if I could notreconcile myself to that now proposed. This silenced my reluctance, andI accepted the new appointment. 

In the interval of my stay at home, my eldest daughter had been happilymarried to the eldest son of the Tuckahoe branch of Randolphs, a younggentleman of genius, science, and honorable mind, who afterwards filleda dignified station in the General Government, and the most dignifiedin his own State. I left Monticello on the 1st of March, 1790, for NewYork. At Philadelphia I called on the venerable and beloved Franklin. He was then on the bed of sickness from which he never rose. My recentreturn from a country in which he had left so many friends, and theperilous convulsions to which they had been exposed, revived all hisanxieties to know what part they had taken, what had been their course, and what their fate. He went over all in succession, with a rapidity andanimation, almost too much for his strength. When all his inquiries weresatisfied, and a pause took place, I told him I had learned with muchpleasure that, since his return to America, he had been occupied inpreparing for the world, the history of his own life. 'I cannot say muchof that, ' said he; 'but I will give you a sample of what I shall leave:'and he directed his little grandson (William Bache) who was standing bythe bedside, to hand him a paper from the table, to which he pointed. Hedid so; and the Doctor putting it into my hands, desired me to take it, and read it at my leisure. It was about a quire of folio paper, writtenin a large and running hand, very like his own. I looked into itslightly, then shut it, and said I would accept his permission to readit, and would carefully return it. He said, 'No, keep it. ' Not certainof his meaning, I again looked into it, folded it for my pocket, andsaid again, I would certainly return it. 'No, ' said he, 'keep it. ' I putit into my pocket, and shortly after, took leave of him. He died onthe 17th of the ensuing month of April; and as I understood that he hadbequeathed all his papers to his grandson, William Temple Franklin, Iimmediately wrote to Mr. Franklin, to inform him I possessed this paper, which I should consider as his property, and would deliver to his order. He came on immediately to New York, called on me for it, and I deliveredit to him. As he put it into his pocket, he said carelessly, he hadeither the original, or another copy of it, I do not recollect which. This last expression struck my attention forcibly, and for the firsttime suggested to me the thought, that Dr. Franklin had meant it as aconfidential deposite in my hands, and that I had done wrong inparting from it. I have not yet seen the collection he published of Dr. Franklin's works, and therefore know not if this is among them. Ihave been told it is not. It contained a narrative of the negotiationsbetween Dr. Franklin and the British Ministry, when he was endeavoringto prevent the contest of arms which followed. The negotiation wasbrought about by the intervention of Lord Howe and his sister, who, Ibelieve, was called Lady Howe, but I may misremember her title. LordHowe seems to have been friendly to America, and exceedingly anxious toprevent a rupture. His intimacy with Dr. Franklin, and his positionwith the Ministry, induced him to undertake a mediation between them; inwhich his sister seemed to have been associated. They carried fromone to the other, backwards and forwards, the several propositions andanswers which passed, and seconded with their own intercessions, theimportance of mutual sacrifices, to preserve the peace and connectionof the two countries. I remember that Lord North's answers were dry, unyielding, in the spirit of unconditional submission, and betrayed anabsolute indifference to the occurrence of a rupture; and he said tothe mediators distinctly, at last, that 'a rebellion was not to bedeprecated on the part of Great Britain; that the confiscations it wouldproduce, would provide for many of their friends. ' This expression wasreported by the mediators to Dr. Franklin, and indicated so cool andcalculated a purpose in the Ministry, as to render compromise hopeless, and the negotiation was discontinued. If this is not among the paperspublished, we ask, what has become of it? I delivered it with my ownhands, into those of Temple Franklin. It certainly established viewsso atrocious in the British government, that its suppression would, tothem, be worth a great price. But could the grandson of Dr. Franklinbe, in such degree, an accomplice in the parricide of the memory of hisimmortal grandfather? The suspension, for more than twenty years, ofthe general publication, bequeathed and confided to him, produced fora while hard suspicions against him: and if, at last, all are notpublished, a part of these suspicions may remain with some. 

I arrived at New York on the 21st of March, where Congress was insession. 

APPENDIX TO THE MEMOIR. 

[NOTE A. ] Letter to John Saunderson, Esq. 

Sir, Monticello, August 31, 1820. 

Your letter of the 19th was received in due time, and I wish it werein my power to furnish you more fully, than in the enclosed paper, with materials for the biography of George Wythe; but I possess none inwriting, am very distant from the place of his birth and early life, and know not a single person in that quarter from whom inquiry couldbe made, with the expectation of collecting any thing material. Addto this, that feeble health disables me, almost, from writing; and, entirely, from the labor of going into difficult research. I becameacquainted with Mr. Wythe when he was about thirty-five years of age. He directed my studies in the law, led me into business, and continued, until death, my most affectionate friend. A close intimacy with him, during that period of forty odd years, the most important of his life, enables me to state its leading facts, which, being of my own knowledge, I vouch their truth. Of what precedes that period, I speak from hearsayonly, in which there may be error, but of little account, as thecharacter of the facts will themselves manifest. In the epoch of hisbirth I may err a little, stating that from the recollection of aparticular incident, the date of which, within a year or two, I do notdistinctly remember. These scanty outlines, you will be able, I hope, to fill up from other information, and they may serve you, sometimes, aslandmarks to distinguish truth from error, in what you hear from others. The exalted virtue of the man will also be a polar star to guide you inall matters which may touch that element of his character. But on thatyou will receive imputation from no man; for, as far as I know, he neverhad an enemy. Little as I am able to contribute to the just reputationof this excellent man, it is the act of my life most gratifying to myheart: and leaves me only to regret that a waning memory can do no more. 

Of Mr. Hancock I can say nothing, having known him only in the chair ofCongress. Having myself been the youngest man but one in that body, thedisparity of age prevented any particular intimacy. But of him there canbe no difficulty in obtaining full information in the North. 

I salute you, Sir, with sentiments of great respect. 

Th: Jefferson. 

_Notes for the Biography of George Wythe_. 

George Wythe was born about the year 1727 or 1728, of a respectablefamily in the county of Elizabeth City, on the shores of the Chesapeake. He inherited, from his father, a fortune sufficient for independence andease. He had not the benefit of a regular education in the schools, butacquired a good one of himself, and without assistance; insomuch, as tobecome the best Latin and Greek scholar in the state. It is said, thatwhile reading the Greek Testament, his mother held an English one, to aid him in rendering the Greek text conformably with that. He alsoacquired, by his own reading, a good knowledge of Mathematics, and ofNatural and Moral Philosophy. He engaged in the study of the law underthe direction of a Mr. Lewis, of that profession, and went early tothe bar of the General Court, then occupied by men of great ability, learning, and dignity in their profession. He soon became eminentamong them, and, in process of time, the first at the bar, taking intoconsideration his superior learning, correct elocution, and logicalstyle of reasoning; for in pleading he never indulged himself with anuseless or declamatory thought or word; and became as distinguished bycorrectness and purity of conduct in his profession, as he was by hisindustry and fidelity to those who employed him. He was early electedto the House of Representatives, then called the House of Burgesses, andcontinued in it until the Revolution. On the first dawn of that, insteadof higgling on half-way principles, as others did who feared to followtheir reason, he took his stand on the solid ground, that the only linkof political union between us and Great Britain, was the identity ofour Executive; that that nation and its Parliament had no more authorityover us, than we had over them, and that we were co-ordinate nationswith Great Britain and Hanover. 

In 1774, he was a member of a Committee of the House of Burgesses, appointed to prepare a Petition to the King, a Memorial to the House ofLords, and a Remonstrance to the House of Commons, on the subject of theproposed Stamp Act. He was made draughtsman of the last, and, followinghis own principles, he so far overwent the timid hesitations ofhis colleagues, that his draught was subjected by them to materialmodifications; and, when the famous Resolutions of Mr. Henry, in 1775, were proposed, it was not on any difference of principle that theywere opposed by Wythe. Randolph, Pendleton, Nicholas, Bland, and otherworthies, who had long been the habitual leaders of the House; butbecause those papers of the preceding session had already expressed thesame sentiments and assertions of right, and that an answer to them wasyet to be expected. 

In August, 1775, he was appointed a member of Congress, and in 1776, signed the Declaration of Independence, of which he had, in debate, been an eminent supporter. And subsequently, in the same year, he wasappointed by the Legislature of Virginia, one of a committee to revisethe laws of the state, as well of British, as of Colonial enactment, and to prepare bills for re-enacting them, with such alterations asthe change in the form and principles of the government, and othercircumstances, required: and of this work, he executed the periodcommencing with the revolution in England, and ending with theestablishment of the new government here; excepting the Acts forregulating descents, for religious freedom, and for proportioningcrimes and punishments. In 1777, he was chosen speaker of the Houseof Delegates, being of distinguished learning in parliamentary law andproceedings; and towards the end of the same year, he was appointed oneof the three Chancellors, to whom that department of the Judiciarywas confided, on the first organization of the new government. On asubsequent change of the form of that court, he was appointed soleChancellor, in which office he continued to act until his death, whichhappened in June, 1806, about the seventy-eighth or seventy-ninth yearof his age. 

Mr. Wythe had been twice married; first, I believe, to a daughter ofMr. Lewis, with whom he had studied law, and afterwards, to a MissTaliaferro, of a wealthy and respectable family in the neighborhood ofWilliamsburg; by neither of whom did he leave issue. 

No man ever left behind him a character more venerated than GeorgeWythe. His virtue was of the purest tint; his integrity inflexible, and his justice exact; of warm patriotism, and, devoted as he was toliberty, and the natural and equal rights of man, he might truly becalled the Cato of his country, without the avarice of the Roman; for amore disinterested person never lived. Temperance and regularity in allhis habits, gave him general good health, and his unaffected modesty andsuavity of manners endeared him to every one. He was of easy elocution, his language chaste, methodical in the arrangement of his matter, learned and logical in the use of it, and of great urbanity in debate;not quick of apprehension, but, with a little time, profound inpenetration, and sound in conclusion. In his philosophy he was firm, and neither troubling, nor perhaps trusting, any one with his religiouscreed, he left the world to the conclusion, that that religion must begood which could produce a life of exemplary virtue. 

His stature was of the middle size, well formed and proportioned, andthe features of his face were manly, comely, and engaging. Such wasGeorge Wythe, the honor of his own, and the model of future times. 

[NOTE B. ]--Letter to Samuel A. Wells, Esq. 

Sir, Monticello, May 12, 1829. 

An absence, of sometime, at an occasional and distant residence, mustapologize for the delay in acknowledging the receipt of your favor ofApril 12th; and candor obliges me to add, that it has been somewhatextended by an aversion to writing, as well as to calls on my memoryfor facts so much obliterated from it by time, as to lessen my ownconfidence in the traces which seem to remain. One of the enquiries inyour letter, however, may be answered without an appeal to the memory. It is that respecting the question, Whether committees of correspondenceoriginated in Virginia, or Massachusetts? on which you suppose me tohave claimed it for Virginia; but certainly I have never made sucha claim. The idea, I suppose, has been taken up from what is said inWirt's history of Mr. Henry, page 87, and from an inexact attentionto its precise terms. It is there said, 'This House [of Burgesses, of Virginia] had the merit of originating that powerful engine ofresistance, corresponding committees between the legislatures of thedifferent colonies. ' That the fact, as here expressed, is true, yourletter bears witness, when it says, that the resolutions of Virginia, for this purpose, were transmitted to the speakers of the differentassemblies, and by that of Massachusetts was laid, at the next session, before that body, who appointed a committee for the specifiedobject: adding, 'Thus, in Massachusetts, there were two committees ofcorrespondence, one chosen by the people, the other appointed by theHouse of Assembly; in the former, Massachusetts preceded Virginia; inthe latter, Virginia preceded Massachusetts. ' To the origination ofcommittees for the interior correspondence between the counties andtowns of a state, I know of no claim on the part of Virginia; andcertainly none was ever made by myself. I perceive, however, one error, into which memory had led me. Our committee for national correspondencewas appointed in March, '73, and I well remember, that going toWilliamsburg in the month of June following, Peyton Randolph, ourchairman, told me that messengers bearing despatches between the twostates had crossed each other by the way, that of Virginia carrying ourpropositions for a committee of national correspondence, and that ofMassachusetts, bringing, as my memory suggested, a similar proposition. But here I must have misremembered; and the resolutions brought us fromMassachusetts were probably those you mention of the town-meeting ofBoston, on the motion of Mr. Samuel Adams, appointing a committee 'tostate the rights of the colonists, and of that province in particular, and the infringements of them; to communicate them to the several towns, as the sense of the town of Boston, and to request, of each town, afree, communication of its sentiments on this subject. ' I suppose, therefore, that these resolutions were not received, as you think, whilethe House of Burgesses was in session in March, 1773, but a few daysafter we rose, and were probably what was sent by the messenger, whocrossed ours by the way. They may, however, have been still different. I must, therefore, have been mistaken in supposing, and stating to Mr. Wirt, that the proposition of a committee for national correspondencewas nearly simultaneous in Virginia and Massachusetts. 

A similar misapprehension of another passage in Mr. Wirt's book, forwhich I am also quoted, has produced a similar reclamation on thepart of Massachusetts, by some of her most distinguished and estimablecitizens. I had been applied to by Mr. Wirt, for such facts respectingMr. Henry, as my intimacy with him and participation in the transactionsof the day, might have placed within my knowledge. I accordinglycommitted them to paper; and Virginia being the theatre of his action, was the only subject within my contemplation. While speaking of him, of the resolutions and measures here, in which he had the acknowledgedlead, I used the expression that 'Mr. Henry certainly gave the firstimpulse to the ball of revolution. ' [Wirt, page 41. ] The expression isindeed general, and in all its extension would comprehend all the sisterstates; but indulgent construction would restrain it, as was reallymeant, to the subject matter under contemplation, which was Virginiaalone; according to the rule of the lawyers, and a fair canon of generalcriticism, that every expression should be construed _secundum subjectammateriam_. Where the first attack was made, there must have been ofcourse, the first act of resistance, and that was in Massachusetts. Ourfirst overt act of war, was Mr. Henry's embodying a force of militiafrom several counties, regularly armed and organized, marching them inmilitary array, and making reprisal on the King's treasury at the seatof government, for the public powder taken away by his Governor. Thiswas on the last days of April, 1775. Your formal battle of Lexington wasten or twelve days before that, and greatly overshadowed in importance, as it preceded in time, our little affray, which merely amounted toa levying of arms against the King; and very possibly, you had hadmilitary affrays before the regular battle of Lexington. 

These explanations will, I hope, assure you, Sir, that so far as eitherfacts or opinions have been truly quoted from me, they have never beenmeant to intercept the just fame of Massachusetts, for the promptitudeand perseverance of her early resistance. We willingly cede to her thelaud of having been (although not exclusively) 'the cradle of soundprinciples, ' and, if some of us believe she has deflected from them inher course, we retain full confidence in her ultimate return to them. 

I will now proceed to your quotation from Mr. Galloway's statement ofwhat passed in Congress, on their Declaration of Independence; inwhich statement there is not one word of truth, and where bearing someresemblance to truth, it is an entire perversion of it. I do not chargethis on Mr. Galloway himself; his desertion having taken place longbefore these measures, he doubtless received his information from someof the loyal friends whom he left behind him. But as yourself, aswell as others, appear embarrassed by inconsistent accounts of theproceedings on that memorable occasion, and as those who have endeavoredto restore the truth, have themselves committed some errors, I will giveyou some extracts from a written document on that subject; for thetruth of which, I pledge myself to heaven and earth; having, while thequestion of Independence was under consideration before Congress, takenwritten notes, in my seat, of what was passing, and reduced them to formon the final conclusion. I have now before me that paper, from whichthe following are extracts. 'Friday, June 7th, 1776. The delegates fromVirginia moved, in obedience to instructions from their constituents, that the Congress should declare that these United Colonies are, and ofright ought to be, free and independent states; that they are absolvedfrom all allegiance to the British crown, and that all politicalconnection between them and the state of Great Britain is, and oughtto be, totally dissolved; that measures should be immediately takenfor procuring the assistance of foreign powers, and a Confederationbe formed to bind the colonies more closely together. The House beingobliged to attend at that time to some other business, the propositionwas referred to the next day, when the members were ordered to attendpunctually at ten o'clock. Saturday, June 8th. They proceeded to takeit into consideration, and referred it to a committee of the whole, into which they immediately resolved themselves, and passed that day andMonday, the 10th, in debating on the subject. 

'It appearing, in the course of these debates, that the colonies of NewYork, New Jersey, Pennsylvania, Delware, Maryland, and South Carolina, were not yet matured for falling from the parent stem, but that theywere fast advancing to that state, it was thought most prudent to waita while for them, and to postpone the final decision to July 1st. But, that this might occasion as little delay as possible, a Committee wasappointed to prepare a Declaration of Independence. The Committee wereJohn Adams, Dr. Franklin, Roger Sherman, Robert R. Livingston, andmyself. This was reported to the House on Friday the 28th of June, whenit was read and ordered to lie on the table. On Monday, the 1st of July, the House resolved itself into a Committee of the whole, and resumed theconsideration of the original motion made by the delegates of Virginia, which, being again debated through the day, was carried in theaffirmative by the votes of New Hampshire, Connecticut, Massachusetts, Rhode Island, New Jersey, Maryland, Virginia, North Carolina, andGeorgia. South Carolina and Pennsylvania voted against it. Delaware hadbut two members present, and they were divided. The delegates fromNew York declared they were for it themselves, and were assured theirconstituents were for it; but that their instructions having been drawnnear a twelvemonth before, when reconciliation was still the generalobject, they were enjoined by them, to do nothing which should impedethat object. They, therefore, thought themselves not justifiable invoting on either side, and asked leave to withdraw from the question, which was given them. The Committee rose, and reported their resolutionto the House. Mr. Rutledge, of South Carolina, then requested thedetermination might be put off to the next day, as he believed hiscolleagues, though they disapproved of the resolution, would then joinin it for the sake of unanimity. The ultimate question, whether theHouse would agree to the resolution of the Committee, was accordinglypostponed to the next day, when it was again moved, and South Carolinaconcurred in voting for it. In the mean time, a third member had comepost from the Delaware counties, and turned the vote of that colony infavor of the resolution. Members of a different sentiment attending thatmorning from Pennsylvania also, her vote was changed; so that the wholetwelve colonies, who were authorized to vote at all, gave their votesfor it; and within a few days [July 9th] the convention of New Yorkapproved of it, and thus supplied the void occasioned by the withdrawingof their delegates from the vote. ' [Be careful to observe, that thisvacillation and vote were on the original motion of the 7th of June, by the Virginia delegates, that Congress should declare the coloniesindependent. ] 'Congress proceeded, the same day, to consider theDeclaration of Independence, which had been reported and laid on thetable the Friday preceding, and on Monday referred to a Committee ofthe whole. The pusillanimous idea, that we had friends in England worthkeeping terms with, still haunted the minds of many. For this reason, those passages which conveyed censures on the people of England werestruck out, lest they should give them offence. The debates having takenup the greater parts of the second, third, and fourth days of July, were, in the evening of the last, closed: the Declaration was reportedby the Committee, agreed to by the House, and signed by every memberpresent except Mr. Dickinson. ' So far my notes. 

Governor M'Kean, in his letter to M'Corkle of July 16th, 1817, hasthrown some lights on the transactions of that day: but, trusting to hismemory chiefly, at an age when our memories are not to be trusted, hehas confounded two questions, and ascribed proceedings to one whichbelonged to the other. These two questions were, 1st, the Virginiamotion of June the 7th, to declare Independence; and 2nd, the actualDeclaration, its matter and form. Thus he states the question on theDeclaration itself, as decided on the 1st of July; but it was theVirginia motion which was voted on that day in committee of the whole;South Carolina, as well as Pennsylvania, then voting against it. But theultimate decision in the House, on the report of the Committee, being, by request, postponed to the next morning, all the states voted for it, except New York, whose vote was delayed for the reason before stated. Itwas not till the 2nd of July, that the Declaration itself was taken up;nor till the 4th, that it was decided, and it was signed by every memberpresent, except Mr. Dickinson. 

The subsequent signatures of members who were not then present, and someof them not yet in office, is easily explained, if we observe who theywere; to wit, that they were of New York and Pennsylvania. New Yorkdid not sign till the 15th, because it was not till the 9th, (five daysafter the general signature, ) that their Convention authorized them todo so. The Convention of Pennsylvania, learning that it had been signedby a majority only of their delegates, named a new delegation on the20th, leaving out Mr. Dickinson, who had refused to sign, Willing andHumphreys, who had withdrawn, reappointing the three members who hadsigned, Morris, who had not been present, and five new ones, to wit, Rush, Clymer, Smith, Taylor, and Ross: and Morris and the five newmembers were permitted to sign, because it manifested the assent oftheir full delegation, and the express will of their Convention, whichmight have been doubted on the former signature of a minority only. Whythe signature of Thornton, of New Hampshire, was permitted so lateas the 4th of November, I cannot now say; but undoubtedly for someparticular reason, which we should find to have been good, had it beenexpressed. These were the only post-signers, and you see, sir, that there were solid reasons for receiving those of New York andPennsylvania, and that this circumstance in no wise affects the faith ofthis Declaratory Charter of our rights, and of the rights of man. 

With a view to correct errors of fact before they become inveterate byrepetition, I have stated what I find essentially material in my papers, but with that brevity which the labor of writing constrains me to use. 

On the four particular articles of inquiry in your letter, respectingyour grandfather, the venerable Samuel Adams, neither memory normemorandums enable me to give any information. I can say that he wastruly a great man, wise in council, fertile in resources, immovable inhis purposes, and had, I think, a greater share than any other member, in advising and directing our measures in the Northern war. As aspeaker, he could not be compared with his living colleague andnamesake, whose deep conceptions, nervous style, and undaunted firmness, made him truly our bulwark in debate. But Mr. Samuel Adams, although notof fluent elocution, was so rigorously logical, so clear in his views, abundant in good sense, and master always of his subject, that hecommanded the most profound attention whenever he rose in an assembly, by which the froth of declamation was heard with the most sovereigncontempt. I sincerely rejoice that the record of his worth is to beundertaken by one so much disposed as you will be, to hand him downfairly to that posterity, for whose liberty and happiness he was sozealous a laborer. 

With sentiments of sincere veneration for his memory, accept yourselfthis tribute to it, with the assurances of my great respect. 

Th: Jefferson. 

P. S. August 6th, 1822. Since the date of this letter, to wit, thisday, August 6, '22, I have received the new publication of the SecretJournals of Congress, wherein is stated a resolution of July 19th, 1776, that the Declaration passed on the 4th, be fairly engrossed onparchment, and when engrossed, be signed by every member; and anotherof August 2nd, that being engrossed and compared at the table, it wassigned by the members; that is to say, the copy engrossed on parchment(for durability) was signed by the members, after being compared at thetable with the original one signed on paper, as before stated. I addthis P. S. To the copy of my letter to Mr. Wells, to prevent confoundingthe signature of the original with that of the copy engrossed onparchment. 

[NOTE C]--August, 1774, Instructions to the first Delegation

On the Instructions given to the first Delegation of Virginia toCongress, in August, 1774. 

The Legislature of Virginia happened to be in session in Williamsburg, when news was received of the passage, by the British Parliament, of theBoston Port Bill, which was to take effect on the first day of Junethen ensuing. The House of Burgesses, thereupon, passed a resolution, recommending to their fellow-citizens that that day should be set apartfor fasting and prayer to the Supreme Being, imploring him to avert thecalamities then threatening us, and to give us one heart and one mindto oppose every invasion of our liberties. The next day, May the 20th, 1774, the Governor dissolved us. We immediately repaired to a room inthe Raleigh tavern, about one hundred paces distant from the Capitol, formed ourselves into a meeting, Peyton Randolph in the chair, andcame to resolutions, declaring, that an attack on one colony to enforcearbitrary acts, ought to be considered as an attack on all, and tobe opposed by the united wisdom of all. We, therefore, appointed aCommittee of Correspondence, to address letters to the Speakers ofthe several Houses of Representatives of the colonies, proposingthe appointment of deputies from each, to meet annually in a generalCongress, to deliberate on their common interests, and on the measuresto be pursued in common. The members then separated to their severalhomes, except those of the Committee, who met the next day, preparedletters according to instructions, and despatched them by messengersexpress, to their several destinations. It had been agreed, also by themeeting, that the Burgesses, who should be elected under the writs thenissuing, should be requested to meet in Convention on a certain day inAugust, to learn the result of these letters, and to appoint delegatesto a Congress, should that measure be approved by the other colonies. Atthe election, the people re-elected every man of the former Assembly, asa proof of their approbation of what they had done. Before I left hometo attend the Convention, I prepared what I thought might be given, in instruction, to the Delegates who should be appointed to attend theGeneral Congress proposed. They were drawn in haste, with a number ofblanks, with some uncertainties and inaccuracies of historical facts, which I neglected at the moment, knowing they could be readily correctedat the meeting. I set out on my journey, but was taken sick on the road, and was unable to proceed. I therefore sent on, by express, two copies, one under cover to Patrick Henry, the other to Peyton Randolph, who Iknew would be in the chair of the Convention. Of the former no more wasever heard or known. Mr. Henry probably thought it too bold, as a firstmeasure, as the majority of the members did. On the other copy beinglaid on the table of the Convention, by Peyton Randolph, as theproposition of a member who was prevented from attendance by sicknesson the road, tamer sentiments were preferred, and, I believe, wiselypreferred; the leap I proposed being too long, as yet, for the mass ofour citizens. The distance between these, and the instructions actuallyadopted, is of some curiosity, however, as it shows the inequality ofpace with which we moved, and the prudence required to keep front andrear together. My creed had been formed on unsheathing the sword atLexington. They printed the paper, however, and gave it the title of 'ASummary View of the Rights of British America. ' In this form it got toLondon, where the opposition took it up, shaped it to opposition views, and, in that form, it ran rapidly through several editions. 

Mr. Marshall, in his history of General Washington, chapter 3, speakingof this proposition for Committees of correspondence and for a GeneralCongress, says, 'this measure had already been proposed in town meetingin Boston, ' and some pages before he had said, that 'at a session ofthe General Court of Massachusetts, in September, 1770, that Court, inpursuance of a favorite idea of uniting all the colonies in one systemof measures, elected a Committee of correspondence, to communicate withsuch Committees as might be appointed by the other colonies. ' This is anerror. The Committees of correspondence, elected by Massachusetts, wereexpressly for a correspondence among the several towns of that provinceonly. Besides the text of their proceedings, his own note X, provesthis. The first proposition for a general correspondence between theseveral states, and for a General Congress, was made by our meeting ofMay, 1774. Botta, copying Marshall, has repeated his error, and so itwill be handed on from copyist to copyist, _ad infinitum_. Here followmy proposition, and the more prudent one which was adopted. 

'Resolved, That it be an instruction to the said deputies, whenassembled in General Congress, with the deputies from the other statesof British America, to propose to the said Congress that an humble anddutiful address be presented to his Majesty, begging leave to lay beforehim, as Chief Magistrate of the British empire, the united complaints ofhis Majesty's subjects in America; complaints which are excited by manyunwarrantable encroachments and usurpations, attempted to be made by thelegislature of one part of the empire upon the rights which God and thelaws have given equally and independently to all. To represent to hisMajesty that, these, his States, have often individually made humbleapplication to his imperial throne, to obtain, through its intervention, some redress of their injured rights; to none of which was ever evenan answer condescended. Humbly to hope that this, their joint address, penned in the language of truth, and divested of those expressions ofservility which would persuade his Majesty that we are asking favors, and not rights, shall obtain from his Majesty a more respectfulacceptance; and this his Majesty will think we have reason to expect, when he reflects that he is no more than the chief officer of thepeople, appointed by the laws, and circumscribed with definite powers, to assist in working the great machine of government, erected for theiruse, and, consequently, subject to their superintendence; and in orderthat these, our rights, as well as the invasions of them, may be laidmore fully before his Majesty, to take a view of them from the originand first settlement of these countries. 

'To remind him that our ancestors, before their emigration to America, were the free inhabitants of the British dominions in Europe, andpossessed a right, which nature has given to all men, of departing fromthe country in which chance, not choice, has placed them, of going inquest of new habitations, and of there establishing new societies, undersuch laws and regulations, as to them shall seem most likely to promotepublic happiness. That their Saxon ancestors had, under this universallaw, in like manner left their native wilds and woods in the North ofEurope, had possessed themselves of the island of Britain, then lesscharged with inhabitants, and had established there that system of lawswhich has so long been the glory and protection of that country. Nor wasever any claim of superiority or dependence asserted over them, by thatmother country from which they had migrated: and were such a claim made, it is believed his Majesty's subjects in Great Britain have too firm afeeling of the rights derived to them from their ancestors, to bow downthe sovereignty of their state before such visionary pretensions. And itis thought that no circumstance has occurred to distinguish, materially, the British from the Saxon emigration. America was conquered, and hersettlements made and firmly established, at the expense of individuals, and not of the British public. Their own blood was spilt in acquiringlands for their settlement, their own fortunes expended in making thatsettlement effectual. For themselves they fought, for themselves theyconquered, and for themselves alone they have right to hold. No shillingwas ever issued from the public treasures of his Majesty, or hisancestors, for their assistance, till of very late times, after thecolonies had become established on a firm and permanent fooling. Thatthen, indeed, having become valuable to Great Britain for her commercialpurposes, his Parliament was pleased to lend them assistance, againstan enemy who would fain have drawn to herself the benefits of theircommerce, to the great aggrandizement of herself, and danger of GreatBritain. Such assistance, and in such circumstances, they had oftenbefore given to Portugal and other allied states, with whom they carryon a commercial intercourse. Yet these states never supposed, thatby calling in her aid, they thereby submitted themselves to hersovereignty. Had such terms been proposed, they would have rejected themwith disdain, and trusted for better to the moderation of their enemies, or to a vigorous exertion of their own force. We do not, however, meanto underrate those aids, which, to us, were doubtless valuable, onwhatever principles granted: but we would show that they cannot give atitle to that authority which the British Parliament would arrogate overus; and that they may amply be repaid, by our giving to the inhabitantsof Great Britain such exclusive privileges in trade as may beadvantageous to them, and, at the same time, not too restrictive toourselves. That settlement having been thus effected in the wilds ofAmerica, the emigrants thought proper to adopt that system of laws, under which they had hitherto lived in the mother country, and tocontinue their union with her, by submitting themselves to the samecommon sovereign, who was thereby made the central link, connecting theseveral parts of the empire thus newly multiplied. 

'But that not long were they permitted, however far they thoughtthemselves removed from the hand of oppression, to hold undisturbed, the rights thus acquired at the hazard of their lives and loss of theirfortunes. A family of Princes was then on the British throne, whosetreasonable crimes against their people brought on them, afterwards, theexertion of those sacred and sovereign rights of punishment, reservedin the hands of the people for cases of extreme necessity, and judged bythe constitution unsafe to be delegated to any other judicature. Whileevery day brought forth some new and unjustifiable exertion of powerover their subjects on that side the water, it, was not to be expectedthat those here, much less able at that time to oppose the designs ofdespotism, should be exempted from injury. Accordingly, this country, which had been acquired by the lives, the labors, and fortunes ofindividual adventurers, was by these Princes, at several times, partedout and distributed among the favorites and followers of their fortunes;and, by an assumed right of the crown alone, were erected into distinctand independent governments; a measure, which, it is believed, hisMajesty's prudence and understanding would prevent him from imitating atthis day; as no exercise of such power, of dividing and dismembering acountry, has ever occurred in his Majesty's realm of England, though nowof very ancient standing; nor could it be justified or acquiesced underthere, or in any other part of his Majesty's empire. 

'That the exercise of a free trade with all parts of the world, possessed by the American colonists, as of natural right, and whichno law of their own had taken away or abridged, was next the objectof unjust encroachment. Some of the colonies having thought proper tocontinue the administration of their government in the name andunder the authority of his Majesty, King Charles the First, whom, notwithstanding his late deposition by the Commonwealth of England, theycontinued in the sovereignty of their State, the Parliament, for theCommonwealth, took the same in high offence, and assumed upon themselvesthe power of prohibiting their trade with all other parts of the world, except the Island of Great Britain. This arbitrary act, however, theysoon recalled, and by solemn treaty entered into on the 12th day ofMarch, 1651, between the said Commonwealth by their Commissioners, andthe colony of Virginia by their House of Burgesses, it was expresslystipulated by the eighth article of the said treaty, that they shouldhave "free trade as the people of England do enjoy to all places andwith all nations, according to the laws of that Commonwealth. " But that, upon the restoration of his Majesty, King Charles the Second, theirrights of free commerce fell once more a victim to arbitrary power: andby several acts of his reign, as well as of some of his successors, thetrade of the colonies was laid under such restrictions, as show whathopes they might form from the justice of a British Parliament, were itsuncontrolled power admitted over these States. *

 *12. C. 2. C. 18. 15. C. 2. C. 11. 25. C. 2. C. 7. 7. 8. W. M. C. 22. 11. W. 34. Anne. 6. C. 2. C. 13. 

History has informed us, that bodies of men, as well as individuals, aresusceptible of the spirit of tyranny. A view of these acts of Parliamentfor regulation, as it has been affectedly called, of the American trade, if all other evidences were removed out of the case, would undeniablyevince the truth of this observation. Besides the duties they imposeon our articles of export and import, they prohibit our going to anymarkets northward of Cape Finisterra, in the kingdom of Spain, for thesale of commodities which Great Britian will not take from us, and forthe purchase of others, with which she cannot supply us; and that, forno other than the arbitrary purpose of purchasing for themselves, bya sacrifice of our rights and interests, certain privileges in theircommerce with an allied state, who, in confidence that their exclusivetrade with America will be continued, while the principles and power ofthe British Parliament be the same, have indulged themselves in everyexorbitance which their avarice could dictate, or our necessitiesextort; have raised their commodities called for in America, tothe double and treble of what they sold for, before such exclusiveprivileges were given them, and of what better commodities of the samekind would cost us elsewhere; and, at the same time, give us much lessfor what we carry thither, than might be had at more convenient ports. That these acts prohibit us from carrying, in quest of other purchasers, the surplus of our tobaccos, remaining after the consumption of GreatBritain is supplied: so that we must leave them with the Britishmerchant, for whatever he will please to allow us, to be by himre-shipped to foreign markets, where he will reap the benefits ofmaking sale of them for full value. That, to heighten still the idea ofParliamentary justice, and to show with what moderation they are like toexercise power, where themselves are to feel no part of its weight, wetake leave to mention to his Majesty certain other acts of the BritishParliament, by which they would prohibit us from manufacturing, for ourown use, the articles we raise on our own lands, with our own labor. Byan act passed in the fifth year of the reign of his late Majesty, KingGeorge the Second, an American subject is forbidden to make a hat forhimself, of the fur which he has taken, perhaps on his own soil; aninstance of despotism, to which no parallel can be produced in themost arbitrary ages of British history. By one other act, passed inthe twenty-third year of the same reign, the iron which we make, we areforbidden to manufacture; and, heavy as that article is, and necessaryin every branch of husbandry, besides commission and insurance, we areto pay freight for it to Great Britain, and freight for it back again, for the purpose of supporting, not men, but machines, in the island ofGreat Britain. In the same spirit of equal and impartial legislation, isto be viewed the act of Parliament, passed in the fifth year of thesame reign, by which American lands are made subject to the demandsof British creditors, while their own lands were still continuedunanswerable for their debts; from which one of these conclusions mustnecessarily follow, either that justice is not the same thing in Americaas in Britain, or else that the British Parliament pay less regard toit here than there. But, that we do not point out to his Majesty theinjustice of these acts, with intent to rest on that principle the causeof their nullity; but to show that experience confirms the propriety ofthose political principles, which exempt us from the jurisdiction of theBritish Parliament. The true ground on which we declare these acts void, is, that the British Parliament has no right to exercise authority overus. 

'That these exercises of usurped power have not been confined toinstances alone, in which themselves were interested; but they havealso intermeddled with the regulation of the internal affairs of thecolonies. The act of the 9th of Anne for establishing a post-office inAmerica seems to have had little connection with British convenience, except that of accommodating his Majesty's ministers and favorites withthe sale of a lucrative and easy office. 

'That thus have we hastened through the reigns which preceded hisMajesty's, during which the violations of our rights were less alarming, because repeated at more distant intervals, than that rapid and boldsuccession of injuries, which is likely to distinguish the present fromall other periods of American story. Scarcely have our minds been ableto emerge from the astonishment, into which one stroke of Parliamentarythunder has involved us, before another more heavy and more alarming isfallen on us. Single acts of tyranny may be ascribed to the accidentalopinion of a day; but a series of oppressions, begun at a distinguishedperiod, and pursued unalterably through every change of ministers, tooplainly prove a deliberate, systematical plan of reducing us to slavery. 

[Illustration: Acts of King George and Parliament, page107]

'That the act passed in the fourth year of his Majesty's reign, entitled"an act [ Act for granting certain duties. ]

'One other act passed in the fifth year of his reign, entitled "an act[Stamp Act. ]

'One other act passed in the sixth year of his reign, entitled "an act[Act declaring the right of Parliament over the colonies. ]

'And one other act passed in the seventh year of his reign, entitled anact [ Act for granting duties on paper, tea, &c. 

'Form that connected chain of parliamentary usurpation, which hasalready been the subject of frequent applications to his Majesty, andthe Houses of Lords and Commons of Great Britain; and, no answers havingyet been condescended to any of these, we shall not trouble his Majestywith a repetition of the matters they contained. 

'But that one other act passed in the same seventh year of his reign, having been a peculiar attempt, must ever require peculiar mention. Itis entitled "an act [Act suspending Legislature of New York. ]

'One free and independent legislature hereby takes upon itself tosuspend the powers of another, free and independent as itself. Thusexhibiting a phenomenon unknown in nature, the creator and creature ofits own power. Not only the principles of common sense, but the commonfeelings of human nature must be surrendered up, before his Majesty'ssubjects here can be persuaded to believe, that they hold theirpolitical existence at the will of a British Parliament. Shall thesegovernments be dissolved, their property annihilated, and their peoplereduced to a state of nature, at the imperious breath of a body of menwhom they never saw, in whom they never confided, and over whom theyhave no powers of punishment or removal, let their crimes against theAmerican public be ever so great? Can any one reason be assigned, whyone hundred and sixty thousand electors in the island of Great Britainshould give law to four millions in the states of America, everyindividual of whom is equal to every individual of them in virtue, inunderstanding, and in bodily strength? Were this to be admitted, insteadof being a free people, as we have hitherto supposed, and mean tocontinue ourselves, we should suddenly be found the slaves, not of one, but of one hundred and sixty thousand tyrants; distinguished, too, fromall others, by this singular circumstance, that they are removed fromthe reach of fear, the only restraining motive which may hold the handof a tyrant. 

'That, by "an act to discontinue in such manner, and for such time asare therein mentioned, the landing and discharging, lading or shippingof goods, wares, and merchandise, at the town and within the harbor ofBoston, in the province of Massachusetts Bay, in North America, " [14G. 3. ] which was passed at the last session of the British Parliament, a large and populous town, whose trade was their sole subsistence, wasdeprived of that trade, and involved in utter ruin. Let us for a while, suppose the question of right suspended, in order to examine this acton principles of justice. An act of Parliament had been passed, imposingduties on teas, to be paid in America, against which act the Americanshad protested, as inauthoritative. The East India Company, who till thattime had never sent a pound of tea to America on their own account, stepforth on that occasion, the asserters of Parliamentary right, and sendhither many ship-loads of that obnoxious commodity. The masters of theirseveral vessels, however, on their arrival in America, wisely attendedto admonition, and returned with their cargoes. In the province of NewEngland alone, the remonstrances of the people were disregarded, anda compliance, after being many days waited for, was flatly refused. Whether in this, the master of the vessel was governed by his obstinacy, or his instructions, let those who know, say. There are extraordinarysituations which require extraordinary interposition. An exasperatedpeople, who feel that they possess power, are not easily restrainedwithin limits strictly regular. A number of them assembled in the townof Boston, threw the tea into the ocean, and dispersed without doing anyother act of violence. If in this they did wrong, they were known, andwere amenable to the laws of the land; against which, it could notbe objected that they had ever, in any instance, been obstructed ordiverted from their regular course, in favor of popular offenders. Theyshould, therefore, not have been distrusted on this occasion. But thatill-fated colony had formerly been bold in their enmities against theHouse of Stuart, and were now devoted to ruin, by that unseen handwhich governs the momentous affairs of this great empire. On thepartial representations of a few worthless ministerial dependants, whoseconstant office it has been to keep that government embroiled, and who, by their treacheries, hope to obtain the dignity of British knighthood, without calling for a party accused, without asking a proof, withoutattempting a distinction between the guilty and the innocent, the wholeof that ancient and wealthy town, is in a moment reduced from opulenceto beggary. Men who had spent their lives in extending the Britishcommerce, who had invested in that place, the wealth their honestendeavors had merited, found themselves and their families, thrown atonce on the world, for subsistence by its charities. Not the hundredthpart of the inhabitants of that town had been concerned in the actcomplained of; many of them were in Great Britain, and in other partsbeyond sea; yet all were involved in one indiscriminate ruin, by a newexecutive power, unheard of till then, that of a British Parliament. A property of the value of many millions of money was sacrificedto revenge, not to repay, the loss of a few thousands. This isadministering justice with a heavy hand indeed! And when is this tempestto be arrested in its course? Two wharves are to be opened again whenhis Majesty shall think proper: the residue which lined the extensiveshores of the bay of Boston, are for ever interdicted the exercise ofcommerce. This little exception seems to have been thrown in for noother purpose, than that of setting a precedent for investing hisMajesty with legislative powers. If the pulse of his people shall beatcalmly under this experiment, another and another will be tried, tillthe measure of despotism be filled up. It would be an insult on commonsense, to pretend that this exception was made in order to restore itscommerce to that great town. The trade which cannot be received at twowharves alone, must of necessity be transferred to some other place; towhich it will soon be followed by that of the two wharves. Consideredin this light, it would be an insolent and cruel mockery at theannihilation of the town of Boston. By the act for the suppression ofriots and tumults in the town of Boston, [14 G. 3. ] passed also inthe last session of Parliament, a murder committed there, is, if theGovernor pleases, to be tried in the court of King's Bench, in theisland of Great Britain, by a jury of Middlesex. The witnesses, too, onreceipt of such a sum as the Governor shall think it reasonable for themto expend, are to enter into recognisance to appear at the trial. Thisis, in other words, taxing them to the amount of their recognisance; andthat amount may be whatever a Governor pleases. For who does his Majestythink can be prevailed on to cross the Atlantic, for the sole purposeof bearing evidence to a fact? His expenses are to be borne, indeed, asthey shall be estimated by a Governor; but who are to feed the wife andchildren whom he leaves behind, and who have had no other subsistencebut his daily labor? Those epidemical disorders, too, so terrible in aforeign climate, is the cure of them to be estimated among the articlesof expense, and their danger to be warded off by the almighty power of aParliament? And the wretched criminal, if he happen to have offended onthe American side, stripped of his privilege of trial by peers of hisvicinage, removed from the place where alone full evidence could beobtained, without money, without counsel, without friends, withoutexculpatory proof, is tried before Judges predetermined to condemn. Thecowards who would suffer a countryman to be torn from the bowelss oftheir society, in order to be thus offered a sacrifice to Parliamentarytyranny, would merit that everlasting infamy now fixed on the authorsof the act! A clause, for a similar purpose, had been introduced into anact passed in the twelfth year of his Majesty's reign, entitled, "anact for the better securing and preserving his Majesty's dock-yards, magazines, ships, ammunition, and stores;" against which, as meritingthe same censures, the several colonies have already protested. 

'That these are the acts of power, assumed by a body of men foreign toour constitutions, and unacknowledged by our laws; against which we do, on behalf of the inhabitants of British America, enter this our solemnand determined protest. And we do earnestly entreat his Majesty, asyet the only mediatory power between the several states of the Britishempire, to recommend to his Parliament of Great Britain, the totalrevocation of these acts, which, however nugatory they be, may yet provethe cause of further discontents and jealousies among us. 

'That we next proceed to consider the conduct of his Majesty, as holdingthe Executive powers of the laws of these states, and mark out hisdeviations from the line of duty. By the constitution of Great Britain, as well as of the several American States, his Majesty possesses thepower of refusing to pass into a law, any bill which has already passedthe other two branches of the legislature. His Majesty, however, and hisancestors, conscious of the impropriety of opposing their singleopinion to the united wisdom of two Houses of Parliament, while theirproceedings were unbiased by interested principles, for several agespast, have modestly declined the exercise of this power, in that part ofhis empire called Great Britain. But, by change of circumstances, otherprinciples than those of justice simply, have obtained an influence ontheir determinations. The addition of new states to the British empire, has produced an addition of new, and sometimes, opposite interests. It is now, therefore, the great office of his Majesty, to resume theexercise of his negative power, and to prevent the passage of laws byany one legislature of the empire, which might bear injuriously on therights and interests of another. Yet this will not excuse the wantonexercise of this power, which we have seen his Majesty practise on thelaws of the American legislatures. For the most trifling reasons, andsometimes for no conceivable reason at all, his Majesty has rejectedlaws of the most salutary tendency. The abolition of domestic slavery isthe great object of desire in those colonies, where it was, unhappily, introduced in their infant state. But previous to the enfranchisement ofthe slaves we have, it is necessary to exclude all further importationsfrom Africa. Yet our repeated attempts to effect this, by prohibitions, and by imposing duties which might amount to a prohibition, havebeen hitherto defeated by his Majesty's negative: thus preferring theimmediate advantages of a few British corsairs to the lasting interestsof the American States, and to the rights of human nature, deeplywounded by this infamous practice. Nay, the single interposition of aninterested individual against a law, was scarcely ever known to failof success, though in the opposite scale were placed the interests ofa whole country. That this is so shameful an abuse of a power, trustedwith his Majesty for other purposes, as if, not reformed, would call forsome legal restrictions. 

'With equal inattention to the necessities of his people here, hashis Majesty permitted our laws to lie neglected in England for years, neither confirming them by his assent, nor annulling them by hisnegative: so that such of them as have no suspending clause, we hold onthe most precarious of all tenures, his Majesty's will; and such of themas suspend themselves till his Majesty's assent be obtained, we havefeared might be called into existence at some future and distantperiod, when time and change of circumstances shall have rendered themdestructive to his people here. And, to render this grievance still moreoppressive, his Majesty, by his instructions, has laid his Governorsunder such restrictions, that they can pass no law of any moment, unlessit have such suspending clause: so that, however immediate may be thecall for legislative interposition, the law cannot be executed till ithas twice crossed the Atlantic, by which time the evil may have spentits whole force. 

'But in what terms reconcilable to Majesty, and, at the same time totruth, shall we speak of a late instruction to his Majesty's Governorof the colony of Virginia, by which he is forbidden to assent to any lawfor the division of a county, unless the new county will consent tohave no representative in Assembly? That colony has as yet affixed noboundary to the westward. Their Western counties, therefore, are ofindefinite extent. Some of them are actually seated many hundred milesfrom their Eastern limits. Is it possible, then that his Majesty canhave bestowed a single thought on the situation of those people, who, inorder to obtain justice for injuries, however great or small, must, bythe laws of that colony, attend their county court at such a distance, with all their witnesses, monthly, till their litigation be determined?Or does his Majesty seriously wish, and publish it to the world, thathis subjects should give up the glorious right of representation, withall the benefits derived from that, and submit themselves to be absoluteslaves of his sovereign will? Or is it rather meant to confine thelegislative body to their present numbers, that they may be the cheaperbargain, whenever they shall become worth a purchase?

'One of the articles of impeachment against Tresilian and the otherJudges of Westminster Hall, in the reign of Richard the Second, forwhich they suffered death, as traitors to their country, was, that theyhad advised the King that he might dissolve his Parliament at any time:and succeeding Kings have adopted the opinion of these unjust Judges. Since the establishment, however, of the British constitution, at theglorious Revolution, on its free and ancient principles, neither hisMajesty nor his ancestors have exercised such a power of dissolution inthe island of Great Britain;* and, when his Majesty was petitioned bythe united voice of his people there to dissolve the present Parliament, who had become obnoxious to them, his Ministers were heard to declare, in open Parliament, that his Majesty possessed no such power by theconstitution. But how different their language, and his practice, here!To declare, as their duty required, the known rights of their country, to oppose the usurpation of every foreign judicature, to disregardthe imperious mandates of a Minister or Governor, have been the avowedcauses of dissolving Houses of Representatives in America. But if suchpowers be really vested in his Majesty, can he suppose they arethere placed to awe the members from such purposes as these? When therepresentative body have lost the confidence of their constituents, whenthey have notoriously made sale of their most valuable rights, when theyhave assumed to themselves powers which the people never put into theirhands, then, indeed, their continuing in office becomes dangerous to thestate, and calls for an exercise of the power of dissolution. Such beingthe causes for which the representative body should, and should not, bedissolved, will it not appear strange, to an unbiassed observer, thatthat of Great Britain was not dissolved, while those of the colonieshave repeatedly incurred that sentence?

 * On further inquiry, I find two instances of dissolutions before the Parliament would, of itself, have been at an end: viz. The Parliament called to meet August 24, 1698, was dissolved by King William, December 19, 1700, and a new one called, to meet February 6, 1701, which was also dissolved November 11, 1701, and a new one met December 30, 1701. 

But your Majesty or your Governors have carried this power beyond everylimit known or provided for by the laws. After dissolving one House ofRepresentatives, they have refused to call another, so that, for a greatlength of time, the legislature provided by the laws has been out ofexistence. From the nature of things, every society must at all timespossess within itself the sovereign powers of legislation. The feelingsof human nature revolt against the supposition of a state so situated, as that it may not, in any emergency, provide against dangers whichperhaps threaten immediate ruin. While those bodies are in existenceto whom the people have delegated the powers of legislation, they alonepossess, and may exercise, those powers. But when they are dissolved, bythe lopping off one or more of their branches, the power reverts to thepeople, who may use it to unlimited extent, either assembling togetherin person, sending deputies, or in any other way they may think proper. We forbear to trace consequences further; the dangers are conspicuouswith which this practice is replete. 

'That we shall, at this time also, take notice of an error in the natureof our land-holdings, which crept in at a very early period of oursettlement. The introduction of the feudal tenures into the kingdom ofEngland, though ancient, is well enough understood to set this matterin a proper light. In the earlier ages of the Saxon settlement, feudalholdings were certainly altogether unknown, and very few, if any, hadbeen introduced at the time of the Norman conquest. Our Saxon ancestorsheld their lands, as they did their personal property, in absolutedominion, disencumbered with any superior, answering nearly to thenature of those possessions which the Feudalists term Allodial. Williamthe Norman first introduced that system generally. The lands whichhad belonged to those who fell in the battle of Hastings, and in thesubsequent insurrections of his reign, formed a considerable proportionof the lands of the whole kingdom. These he granted out, subjectto feudal duties, as did he also those of a great number of his newsubjects, who, by persuasions or threats, were induced to surrenderthem for that purpose. But still much was left in the hands of his Saxonsubjects, held of no superior, and not subject to feudal conditions. These, therefore, by express laws, enacted to render uniform the systemof military defence, were made liable to the same military duties as ifthey had been feuds: and the Norman lawyers soon found means to saddlethem, also, with all the other feudal burthens. But still they had notbeen surrendered to the King, they were not derived from his grant, andtherefore they were not holden of him. A general principle, indeed, wasintroduced, that "all lands in England were held either mediately orimmediately of the Crown:" but this was borrowed from those holdingswhich were truly feudal, and only applied to others for the purposes ofillustration. Feudal holdings were, therefore, but exceptions out of theSaxon laws of possession, under which all lands were held in absoluteright. These, therefore, still form the basis or groundwork of thecommon law, to prevail wheresoever the exceptions have not takenplace. America was not conquered by William the Norman, nor its landssurrendered to him or any of his successors. Possessions there are, undoubtedly, of the Allodial nature. Our ancestors, however, whomigrated hither, were laborers, not lawyers. The fictitious principle, that all lands belong originally to the King, they were early persuadedto believe real, and accordingly took grants of their own lands fromthe Crown. And while the Crown continued to grant for small sums and onreasonable rents, there was no inducement to arrest the error, andlay it open to public view. But his Majesty has lately taken on him toadvance the terms of purchase and of holding to the double of what theywere; by which means the acquisition of lands being rendered difficult, the population of our country is likely to be checked. It is time, therefore, for us to lay this matter before his Majesty, and to declarethat he has no right to grant lands of himself. From the nature andpurpose of civil institutions, all the lands within the limits which anyparticular society has circumscribed around itself, are assumed by thatsociety, and subject to their allotment; this may be done by themselvesassembled collectively, or by their legislature, to whom they may havedelegated sovereign authority: and, if they are allotted in neither ofthese ways, each individual of the society may appropriate to himselfsuch lands as he finds vacant, and occupancy will give him title. 

'That, in order to enforce the arbitrary measures before complained of, his Majesty has, from time to time, sent among us large bodies of armedforces, not made up of the people here, nor raised by the authority ofour laws. Did his Majesty possess such a right as this, it might swallowup all our other rights whenever he should think proper. But his Majestyhas no right to land a single armed man on our shores; and those whom hesends here are liable to our laws for the suppression and punishment ofriots, routs, and unlawful assemblies, or are hostile bodies invadingus in defiance of law. When, in the course of the late war, it becameexpedient that a body of Hanoverian troops should be brought overfor the defence of Great Britain, his Majesty's grandfather, our latesovereign, did not pretend to introduce them under any authority hepossessed. Such a measure would have given just alarm to his subjects ofGreat Britain, whose liberties would not be safe if armed men of anothercountry, and of another spirit, might be brought into the realm at anytime, without the consent, of their legislature. He, therefore, appliedto Parliament, who passed an act for that purpose, limiting the numberto be brought in, and the time they were to continue. In like manner ishis Majesty restrained in every part of the empire. He possesses indeedthe executive power of the laws in every state; but they are the laws ofthe particular state, which he is to administer within that state, andnot those of any one within the limits of another. Every state mustjudge for itself, the number of armed men which they may safely trustamong them, of whom they are to consist, and under what restrictionsthey are to be laid. To render these proceedings still more criminalagainst our laws, instead of subjecting the military to the civil power, his Majesty has expressly made the civil subordinate to the military. But can his Majesty thus put down all law under his feet? Can he erecta power superior to that which erected himself? He has done it indeed byforce; but let him remember that force cannot give right. 

'That these are our grievances, which we have thus laid before hisMajesty, with that freedom of language and sentiment which becomes afree people, claiming their rights as derived from the laws of nature, and not as the gift of their Chief Magistrate. Let those flatter, whofear: it is not an American art. To give praise where it is not due, might be well from the venal, but would ill beseem those who areasserting the rights of human nature. They know, and will, therefore, say, that Kings are the servants, not the proprietors of the people. Open your breast, Sire, to liberal and expanded thought. Let not thename of George the Third be a blot on the page of history. You aresurrounded by British counsellors, but remember that they are parties. You have no ministers for American affairs, because you have none takenfrom among us, nor amenable to the laws on which they are to give youadvice. It behoves you, therefore, to think and to act for yourselfand your people. The great principles of right and wrong are legible toevery reader: to pursue them, requires not the aid of many counsellors. The whole art of government consists in the art of being honest. Onlyaim to do your duty, and mankind will give you credit where you fail. Nolonger persevere in sacrificing the rights of one part of the empire, to the inordinate desires of another: but deal out to all, equal andimpartial right. Let no act be passed by any one legislature, which mayinfringe on the rights and liberties of another. This is the importantpost in which fortune has placed you, holding the balance of a great, ifa well poised empire. This, Sire, is the advice of your great Americancouncil, on the observance of which may, perhaps, depend your felicityand future fame, and the preservation of that harmony which alone cancontinue, both to Great Britain and America, the reciprocal advantagesof their connection. It is neither our wish nor our interest to separatefrom her. We are willing, on our part, to sacrifice every thing whichreason can ask, to the restoration of that tranquillity for which allmust wish. On their part, let them be ready to establish union on agenerous plan. Let them name their terms, but let them be just. Acceptof every commercial preference it is in our power to give, for suchthings as we can raise for their use, or they make for ours. But letthem not think to exclude us from going to other markets, to dispose ofthose commodities which they cannot use, nor to supply those wants whichthey cannot supply. Still less, let it be proposed, that our properties, within our own territories, shall be taxed or regulated by any poweron earth, but our own. The God who gave us life, gave us liberty at thesame time: the hand of force may destroy, but cannot disjoin them. This, Sire, is our last, our determined resolution. And that you willbe pleased to interpose, with that efficacy which your earnest endeavorsmay insure, to procure redress of these our great grievances, to quietthe minds of your subjects in British America against any apprehensionsof future encroachment, to establish fraternal love and harmony throughthe whole empire, and that that may continue to the latest ages of time, is the fervent prayer of all British America, '

[NOTE D. ]--August, 1774. , Instructions for the Deputies

Instructions for the Deputies appointed to meet in General Congress onthe Part of this Colony. 

The unhappy disputes between Great Britain and her American colonies, which began about the third year of the reign of his present Majesty, and since, continually increasing, have proceeded to lengths sodangerous and alarming, as to excite just apprehensions in the minds ofhis Majesty's faithful subjects of this colony, that they are indanger of being deprived of their natural, ancient, constitutional, andchartered rights, have compelled them to take the same into their mostserious consideration; and, being deprived of their usual and accustomedmode of making known their grievances, have appointed us theirrepresentatives, to consider what is proper to be done in this dangerouscrisis of American affairs. It being our opinion that the united wisdomof North America should be collected in a general congress of all thecolonies, we have appointed the Honorable Peyton Randolph, Richard HenryLee, George Washington, Patrick Henry, Richard Bland, Benjamin Harrison, and Edmund Pendleton, Esquires, deputies to represent this colony inthe said Congress, to be held at Philadelphia, on the first Monday inSeptember next. 

And that they may be the better informed of our sentiments, touching theconduct we wish them to observe on this important occasion, wedesire that they will express, in the first place, our faith andtrue allegiance to his Majesty, King George the Third, our lawful andrightful sovereign; and that we are determined, with our lives andfortunes, to support him in the legal exercise of all his just rightsand prerogatives. And, however misrepresented, we sincerely approve of aconstitutional connection with Great Britain, and wish, most ardently, areturn of that intercourse of affection and commercial connection, thatformerly united both countries, which can only be effected by a removalof those causes of discontent, which have of late unhappily divided us. 

It cannot admit of a doubt, but that British subjects in America areentitled to the same rights and privileges, as their fellow subjectspossess in Britain; and therefore, that the power assumed by the BritishParliament, to bind America by their statutes, in all cases whatsoever, is unconstitutional, and the source of these unhappy differences. 

The end of government would be defeated by the British Parliamentexercising a power over the lives, the property, and the liberty ofAmerican subjects; who are not, and, from their local circumstances, cannot be, there represented. Of this nature, we consider the severalacts of Parliament, for raising a revenue in America, for extending thejurisdiction of the courts of Admiralty, for seizing American subjects, and transporting them to Britain, to be tried for crimes committed inAmerica, and the several late oppressive acts respecting the town ofBoston and Province of the Massachusetts Bay. 

The original constitution of the American colonies possessing theirassemblies with the sole right of directing their internal polity, itis absolutely destructive of the end of their institution, that theirlegislatures should be suspended, or prevented, by hasty dissolutions, from exercising their legislative powers. 

Wanting the protection of Britain, we have long acquiesced in theiracts of navigation, restrictive of our commerce, which we consider asan ample recompense for such protection; but as those acts derive theirefficacy from that foundation alone, we have reason to expect they willbe restrained, so as to produce the reasonable purposes of Britain, andnot injurious to us. 

To obtain redress of these grievances, without which the people ofAmerica can neither be safe, free, nor happy, they are willing toundergo the great inconvenience that will be derived to them, fromstopping all imports whatsoever, from Great Britain, after the first dayof November next, and also to cease exporting any commodity whatsoever, to the same place, after the tenth day of August, 1775. The earnestdesire we have to make as quick and full payment as possible of ourdebts to Great Britain, and to avoid the heavy injury that would ariseto this country from an earlier adoption of the non-exportation plan, after the people have already applied so much of their labor to theperfecting of the present crop, by which means they have been preventedfrom pursuing other methods of clothing and supporting their families, have rendered it necessary to restrain you in this article ofnon-exportation; but it is our desire, that you cordially co-operatewith our sister colonies in General Congress, in such other just andproper methods as they, or the majority, shall deem necessary for theaccomplishment of these valuable ends. 

The proclamation issued by General Gage, in the government of theProvince of the Massachusetts Bay, declaring it treason for theinhabitants of that province to assemble themselves to consider oftheir grievances, and form associations for their common conduct on theoccasion, and requiring the civil magistrates and officers to apprehendall such persons, to be tried for their supposed offences, is the mostalarming process that ever appeared in a British government; that thesaid General Gage hath, thereby, assumed, and taken upon himself, powersdenied by the constitution to our legal sovereign; that he, not havingcondescended to disclose by what authority he exercises such extensiveand unheard-of powers, we are at a loss to determine, whether heintends to justify himself as the representative of the King, or as theCommander in Chief of his Majesty's forces in America. If he considershimself as acting in the character of his Majesty's representative, wewould remind him that the statute 25 Edward the Third has expressedand defined all treasonable offences, and that the legislature of GreatBritain hath declared, that no offence shall be construed to be treason, but such as is pointed out by that statute, and that this was doneto take out of the hands of tyrannical Kings, and of weak and wickedMinisters, that deadly weapon, which constructive treason had furnishedthem with, and which had drawn the blood of the best and honestest menin the kingdom; and that the King of Great Britain hath no right byhis proclamation to subject his people to imprisonment, pains, andpenalties. 

That if the said General Gage conceives he is empowered to act in thismanner, as the Commander in Chief of his Majesty's forces in America, this odious and illegal proclamation must be considered as a plain andfull declaration, that this despotic Viceroy will be bound by no law, nor regard the constitutional rights of his Majesty's subjects, wheneverthey interfere with the plan he has formed for oppressing the goodpeople of the Massachusetts Bay; and, therefore, that the executing, orattempting to execute, such proclamation, will justify resistance andreprisal. 

[NOTE E. ]--Monticello, November 1, 1778. --[Re: Crimes and Punishment]

Dear Sir, I have got through the bill 'for proportioning crimes and punishments incases heretofore capital, ' and now enclose it to you with a request thatyou will be so good, as scrupulously to examine and correct it, that itmay be presented to our committee, with as few defects as possible. In its style, I have aimed at accuracy, brevity, and simplicity, preserving, however, the very words of the established law, wherevertheir meaning had been sanctioned by judicial decisions, or renderedtechnical by usage. The same matter, if couched in the modern statutorylanguage, with all its tautologies, redundancies, and circumlocutions, would have spread itself over many pages, and been unintelligible tothose whom it most concerns. Indeed, I wished to exhibit a sample ofreformation in the barbarous style, into which modern statutes havedegenerated from their ancient simplicity. And I must pray you to be aswatchful over what I have not said, as what is said; for the omissionsof this bill have all their positive meaning. I have thought it betterto drop, in silence, the laws we mean to discontinue, and let them beswept away by the general negative words of this, than to detail themin clauses of express repeal. By the side of the text I have written thenote? I made, as I went along, for the benefit of my own memory. Theymay serve to draw your attention to questions, to which the expressionsor the omissions of the text may give rise. The extracts from theAnglo-Saxon laws, the sources of the Common law, I wrote in theiroriginal, for my own satisfaction;* but I have added Latin, or liberalEnglish translations. From the time of Canute to that of the MagnaCharta, you know, the text of our statutes is preserved to us in Latinonly, and some old French. 

 * In this publication, the original Saxon words are given, but, owing to the want of Saxon letter, they are printed in common type. 

I have strictly observed the scale of punishments settled by theCommittee, without being entirely satisfied with it. The _Lex talionis_, although a restitution of the Common law, to the simplicity of which wehave generally found it so advantageous to return, will be revolting tothe humanized feelings of modern times. An eye for an eye, and a handfor a hand, will exhibit spectacles in execution, whose moral effectwould be questionable; and even the _membrum pro membro_ of Bracton, orthe punishment of the offending member, although long authorized by ourlaw, for the same offence in a slave, has, you know, been not longsince repealed, in conformity with public sentiment. This needsreconsideration. 

I have heard little of the proceedings of the Assembly, and do notexpect to be with you till about the close of the month. In the meantime, present me respectfully to Mrs. Wythe, and accept assurancesof the affectionate esteem and respect of, Dear Sir, Your friend andservant, Th: Jefferson. 

George Wythe, Esq. 

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_Bill for proportioning Crimes and Punishments, in Cases heretoforeCapital_. 

Whereas, it frequently happens that wicked and dissolute men, resigningthemselves to the dominion of inordinate passions, commit violations onthe lives, liberties, and property of others, and, the secure enjoymentof these having principally induced men to enter into society, government would be defective in its principal purpose, were it not torestrain such criminal acts, by inflicting due punishments on those whoperpetrate them; but it appears, at the same time, equally deduciblefrom the purposes of society, that a member thereof, committingan inferior injury, does not wholly forfeit the protection of hisfellow-citizens, but, after suffering a punishment in proportion to hisoffence, is entitled to their protection from all greater pain, so thatit becomes a duty in the legislature to arrange, in a proper scale, the crimes which it may be necessary for them to repress, and to adjustthereto a corresponding gradation of punishments. 

And whereas, the reformation of offenders, though an object worthy theattention of the laws, is not effected at all by capital punishments, which exterminate, instead of reforming, and should be the lastmelancholy resource against those whose existence is become inconsistentwith the safety of their fellow-citizens, which also weaken the State, by cutting off so many who, if reformed, might be restored sound membersto society, who, even under a course of correction, might be rendereduseful in various labors for the public, and would be living and longcontinued spectacles to deter others from committing the like offences. 

And forasmuch as the experience of all ages and countries hath shown, that cruel and sanguinary laws defeat their own purpose, by engaging thebenevolence of mankind to withhold prosecutions, to smother testimony, or to listen to it with bias, when, if the punishment were onlyproportioned to the injury, men would feel it their inclination, as wellas their duty, to see the laws observed. 

For rendering crimes and punishments, therefore, more proportionate toeach other. 

Be it enacted by the General Assembly, that no crime shall be henceforthpunished by deprivation of life or limb, * except those hereinafterordained to be so punished. 

 * This takes away the punishment of cutting off the hand of a person striking another, or drawing his sword in one of the superior courts of justice. Stamf. P. C. 38; 33 H. 8. C. 12. In an earlier stage of the Common law, it was death. _'Gif hwa gefeohte on Cyninges huse sy he scyldig ealles his yrfes, and sy on Cyninges dome hwsether he lif age de nage: si quis in regis domo pugnet, perdat omnem suam ha; reditatem, et in regis sit arbitrio, possideat vitarn an non possideat. '_ LI. Inae. 6. &c. 

*If a man do levy war** against the Commonwealth [_in the same_], orbe adherent to the enemies of the Commonwealth [_within the same_], ***giving to them aid or comfort in the Commonwealth, or elsewhere, andthereof be convicted of open deed, by the evidence of two sufficientwitnesses, or his own voluntary confession, the said cases, and noothers, **** shall be adjudged treasons which extend to the Commonwealth, and the person so convicted shall suffer death by hanging, ***** andshall forfeit his lands and goods to the Commonwealth. 

 * 25 E 3. St. 5. C. 2; 7 W. 3. C. 3, § 2. 

 ** Though the crime of an accomplice in treason is not here described yet Lord Coke says, the partaking and maintaining a treason herein described makes him a principal in that treason. It being a rule that in treason all are principals. 3 inst. 138; 2 Inst. 590; H. 6. C. 5. 

 *** These words in the English statute narrow its operation. A man adhering to the enemies of the Commonwealth, in a foreign country, would certainly not be guilty of treason with us, if these words be retained. The convictions of treason of that kind in England, have been under that branch of the statute which makes the compassing the king's death treason. Foster, 196, 197. But as we omit that branch, we must by other means reach this flagrant case. 

 **** The stat. 25 E. 3. Directs all other cases of treason to await the opinion of Parliament. This has the effect of negative words, excluding all other treasons. As we drop that part of the statute, we must, by negative words, prevent an inundation of common law treasons. I strike out the word 'it, ' therefore, and insert 'the said cases and no others. ' Quaere, how far those negative words may affect the case of accomplices above mentioned? Though if their case was within the statute, so as that it needed not await the opinion of Parliament, it should seem to be also within our act, so as not to be ousted by the negative words. 

 ***** This implies 'by the neck. ' See 2 Hawk. 444, notes _n. O. _

If any person commit petty treason, or a husband murder his wife, aparent his child, * or a child his parent, he shall suffer death byhanging, and his body be delivered to anatomists to be dissected. 

 * By the stat. 21. Tac. 1. C. 27. And Act Ass. 1710, c. 12. Concealment by the mother of the death of a bastard child is made murder. In justification of this, it is said, that shame is a feeling which operates so strongly on the mind, as frequently to induce the mother of such a child to murder it, in order to conceal her disgrace. The act of concealment, therefore, proves she was influenced by shame, and that influence produces a presumption that she murdered the child. The effect of this law, then, is, to make what, in its nature, is only presumptive evidence of a murder, conclusive of that fact. To this I answer, 1. So many children die before, or soon after birth, that to presume all those murdered who are found dead, is a presumption which will lead us oftener wrong than right, and consequently would shed more blood than it would save. 2. If the child were born dead, the mother would naturally choose rather to conceal it, in hopes of still keeping a good character in the neighborhood. So that the act of concealment is far from proving the guilt of murder on the mother. 3. If shame be a powerful affection of the mind, is not parental love also? Is it not the strongest affection known? Is it not greater than even that of self- preservation? While we draw presumptions from shame, one affection of the mind, against the life of the prisoner, should we not give some weight to presumptions from parental love, an affection at least as strong in favor of life? If concealment of the fact is a presumptive evidence of murder, so strong as to overbalance all other evidence that may possibly be produced to take away the presumption, why not trust the force of this incontestable presumption to the jury, who are, in a regular course, to hear presumptive, as well as positive testimony? If the presumption, arising from the act of concealment, may be destroyed by proof positive or circumstantial to the contrary, why should the legislature preclude that contrary proof? Objection. The crime is difficult to prove, being usually committed in secret. Answer. But circumstantial proof will do; for example, marks of violence, the behavior, countenance, &c. Of the prisoner, &c. And if conclusive proof be difficult to be obtained, shall we therefore fasten irremovably upon equivocal proof? Can we change the nature of what is contestable, and make it incontestable? Can we make that conclusive which God and nature have made inconclusive? Solon made no law against, parricide, supposing it impossible any one could be guilty of it; and the Persians, from the same opinion, adjudged all who killed their reputed parents to be bastards: and although parental, be yet stronger than filial affection, we admit saticide proved on the most equivocal testimony, whilst they rejected all proof of an act, certainly not more repugnant to nature, as of a thing impossible, improvable. See Beccaria, § 31. 

Whosoever committeth murder by poisoning, shall suffer death by poison. 

Whosoever committeth murder by way of duel, shall suffer death byhanging; and if he were the challenger, his body, after death, shallbe gibbeted. * He who removeth it from the gibbet, shall be guilty of amisdemeanor; and the officer shall see that it be replaced. 

 * 25 G. 2. C. 37. 

Whosoever shall commit murder in any other way, shall suffer death byhanging. 

And in all cases of petty treason and murder, one half of the landsand goods of the offender shall be forfeited to the next of kin tothe person killed, and the other half descend and go to his ownrepresentatives. Save only, where one shall slay the challenger in aduel, * in which case, no part of his lands or goods shall be forfeitedto the kindred of the party slain, but, instead thereof, a moiety shallgo to the Commonwealth. 

 * Quære, if the estates of both parties in a duel should not be forfeited? The deceased is equally guilty with a suicide. 

The same evidence* shall suffice, and order and course** of trial beobserved in cases of petty treason, as in those of other*** murders. 

 * Quære, if these words may not be omitted? By the Common law, one witness in treason was sufficient. Foster, 233. Plowd. 8. A. Mirror, c. 3. § 34. Waterhouse on Fortesc de Laud. 252. Carth. 144 per Holt. But Lord Coke, contra, 3 Inst 26. The stat. 1 E. 6. C 12. &5E. 6. C. 11. First required two witnesses in treason. The clause against high treason supra, does the same as to high treason; but it seems if 1st and 5th E. 6. Are dropped, petty treason will be tried and proved, as at Common law, by one witness. But quære, Lord Coke being contra, whose opinion it is ever dangerous to neglect. 

 ** These words are intended to take away the peremptory challenge of thirty-five jurors. The same words being used 1 & 2 Ph. K. M. C. 10. Are deemed to have restored the peremptory challenge in high treason; and consequently are sufficient to take it away. Foster, 237. 

 *** Petty treason is considered in law only as an aggravated murder. Foster, 107, 323. A pardon of all murders, pardons petty treason. 1 Hale P. C. 378. See 2 H. P. C. 340, 342. It is also included in the word 'felony, ' so that a pardon of all felonies, pardons petty treason. 

Whosoever shall be guilty of manslaughter, * shall, for the firstoffence, be condemned to hard labor** for seven years, in the publicworks, shall forfeit one half of his lands and goods to the next of kinto the person slain; the other half to be sequestered during such term, in the hands and to the use of the Commonwealth, allowing a reasonablepart of the profits for the support of his family. The second offenceshall be deemed murder. 

 * Manslaughter is punishable at law, by burning in the hand, and forfeiture of chattels. 

 ** It is best, in this act, to lay down principles only, in order that it may not for ever be undergoing change: and, to carry into effect the minuter parts of it; frame a bill 'for the employment and government of felons, or male-factors, condemned to labor for the Commonwealth, ' which may serve as an Appendix to this, and in which all the particulars requisite may be directed: and as experience will, from time to time, be pointing out amendments, these may be made without touching this fundamental act. See More's Utopia pa. 50, for some good hints. Fugitives might, in such a bill, be obliged to work two days for every one they absent themselves. 

And where persons, meaning to commit a trespass* only, or larceny, orother unlawful deed, and doing an act from which involuntary homicidehath ensued, have heretofore been adjudged guilty of manslaughter, orof murder, by transferring such their unlawful intention to an act muchmore penal than they could have in probable contemplation; no suchcase shall hereafter be deemed manslaughter, unless manslaughter wasintended, nor murder, unless murder was intended. 

 * The shooting at a wild fowl, and killing a man, is homicide by misadventure. Shooting at a pullet, without any design to take it away, is manslaughter; and with a design to take it away, is murder. 6 Sta. Tr. 222. To shoot at the poultry of another, and thereby set fire to his house, is arson, in the opinion of some. Dalt. C. 116 1 Hale's P. C. 569, contra. 

In other cases of homicide, the law will not add to the miseries of theparty, by punishments or forfeitures. *

 * Beccaria, § 32. Suicide. Homicides are, 1. Justifiable. 2. Excusable. 3. Felonious. For the last, punishments have been already provided. The first are held to be totally without guilt, or rather commendable. The second are, in some cases, not quite unblamable. These should subject the party to marks of contrition; viz. The killing of a man in defence of property; so also in defence of one's person, which is a species of excusable homicide; because, although cases may happen where these also are commendable, yet most frequently they are done on too slight appearance of danger; as in return for a blow, kick, fillip, &c; or on a person's getting into a house, not _anirno furandi_, but perhaps _veneris causa_, &c. Bracton says, '_Si quis furem noctupnum occiderit, ita demum impune foret, si parcere ei sine periculo suo non potuit; si autem potuit, aliter erit. ' 'Item erit si quis hamsokne qua; dicitur invasio domus contra pacem domini regis in domo sua se defenderit, et invasor occisus fuerit; impersecutus et inultus ramanebit, si ille quem invasit aliter se defendere non potuit; dicitur enim quod non est dignus habere pacem qui non vult observare earn. ' L. 3. C. 23. § 3. 'Qui latronetn Occident, non tenetur, nocturnum vel diurnnm, si aliter periculum evadere non possit; tenetur ta-men, si possit. Item non tenetur si per inforlunium, et non anitno et voluntate occidendi, nee dolus, nec culpa ejus inveniatur_. ' L. 3. C. 36. § 1. The stat. 24 H. 8. C. 5 is therefore merely declaratory of the Common law. See on the general subject, Puffend. 2. 5. § 10, 11, 12, 16, 17. Excusable homicides are by misadventure, or in self-defence. It is the opinion of some lawyers, that the Common law punished these with death, and that the statute of Marlbridge, c. 26. And Gloucester, c. 9. First took away this by giving them title to a pardon, as matter of right, and a writ of restitution of their goods. See 2 Inst, 148. 315; 3 Inst. 55. Bracton, L. 3. C. 4. § 2. Fleta L, 1. C. 23. § 14, 15; 21 E. 3. 23. But it is believed never to have been capital. 1 H. P. C. 425; 1 Hawk. 75; Foster, 282; 4 Bl. 188. It seems doubtful also, whether at Common law, the party forfeited all his chattels in this case, or only paid a weregild. Foster, _ubi supra_, doubts, and thinks it of no consequence, as the statute of Gloucester entitles the party to Royal grace, which goes as well to forfeiture as life. To me, there seems no reason for calling these excusable homicides, and the killing a man in defence of property, a justifiable homicide. The latter is less guiltless than misadventure or self defence. 

 Suicide is by law punishable by forfeiture of chattels. This bill exempts it from forfeiture. The suicide injures the state less than he who leaves it with his effects. If the latter then be not punished, the former should not. As to the example, we need not fear its influence. Men are too much attached to life, to exhibit frequent instances of depriving themselves of it. At any rate, the quasi- punishment of confiscation will not prevent it. For if one be found who can calmly determine to renounce life, who is so weary of his existence here, as rather to make experiment of what is beyond the grave, can we suppose him, in such a state of mind, susceptible of influence from the losses to his family by confiscation? That men in general, too, disapprove of this severity, is apparent from the constant practice of juries finding the suicide in a state of insanity; because they have no other way of saving the forfeiture. Let it then be done away. 

Whenever sentence of death shall have been pronounced against any personfor treason or murder, execution shall be done on the next day butone after such sentence, unless it be Sunday, and then on the Mondayfollowing. *

 * Beccaria, § 19; 25 G. 2. C. 37. 

Whosoever shall be guilty of Rape, * Polygamy, ** or Sodomy, *** with manor woman, shall be punished, if a man, by castration, **** if a woman, by cutting through the cartilage of her nose, a hole of one half inch indiameter at the least. 

 * 13 E. 1. C. 34. Forcible abduction of a woman having substance, is felony by 3 H. 7, c 2; 3. Inst. 61; 4 Bl. 208. If goods be taken, it will be felony as to them, without this statute: and as to the abduction of the woman, quære if not better to leave that, and also kidnapping, 4 Bl. 219. To the Common law remedies, viz. Fine, imprisonment, and pillory, Raym. 474; 2 Show. 221; Skin. 47; Comb. 10. The writs of _Homine replegiando_, Capias in Withernam, Habeas corpus, and the action of trespass? Rape was felony at the Common law. 3 Inst. 60 but see 2 Inst. 181. Further--for its definition see 2 Inst. 180. Bracton L. 3. 28. § 1. Says, the punishment of rape is '_amissio membrorum, ut sit membrumpro membra, quia virgo, cum corrumpitur, membrum amittit, et ideo corruptor puniatur in eo in quo deliquit; oculos igitur amittat propter aspectum decoris quo virginem concupivit; amittat et testiculos qui calorem stupri induxerunt. Olim quidem corruptores virginitatis et castitatis suspendebantur et eorum fautores, &c. Modernis tamen temporibus aliter observatur_, ' &. C. And Fleta, '_Solet justiciarius pro quolibet mahemio ad amissionem testiculorum vel oculorum convictum coudemnare, sed non sine errore, eo quod id judicium nisi in corruptione virginum lantum competebat; nam pro virginitatis corruptione solebant abscidi et merito judicari, ut sic pro membro quod abstulit, membrum per quod deliquit amitteret, viz. Lesticulos, qui calorem stupri induxerunt_, ' &c. Fleta. L. 1. C. 40. § 4. 'Gif theow man theowne to nydhffimed genyde, gabete mid his eowende: Si servus servam ad sfuprum coegerit, compenset hoc virga sua virili. Si quis pnellam, ' &c. Ll. Æliridi. 25. 'Hi purgst femme per forze forfait ad les membres. ' LI. Gul. Conq. 19. 

 ** 1 Jac. 1. C. 11. Polygamy was not penal till the statute of 1 Jac. The law contented itself with the nullity of the act. 4 Bl. 163. 3 Inst. 88. 

 *** 25. H. 8. C. 6. Buggery is twofold. 1. With mankind, 2. With beasts. Buggery is the genus, of which Sodomy and Bestiality are the species. 12 Co. 37. Says, In Dyer, 304. A man was indicted, and found guilty of a rape on a girl of seven years old. The court doubted of the rape of so tender a girl; but if she had been nine years old, it would have been otherwise. ' 14 Eliz. Therefore the statute 18 Eliz. C. 6, says, 'For plain declaration of law, be it enacted, that if any person shall unlawfully and carnally know and abuse any woman child, under the age of ten years, &c. He shall suffer as a felon, without allowance of clergy. ' Lord Hale, however, 1 P. C. 630. Thinks it rape independent of that statute, to know carnally a girl under twelve, the age of consent. Yet, 4 Bl. 212. Seems to neglect this opinion; and as it was founded on the words of 3 E. 1. C. 13. And this is with us omitted, the offence of carnally knowing a girl under twelve, or ten years of age, will not be distinguished from that of any other. Co. 37. Says 'note that Sodomy is with mankind. ' But Finch's L. B. 3. C. 24. 'Sodomitry is a carnal copulation against nature, to wit, of man or woman in the same sex, or of either of them with beasts. ' 12 Co 36. Says, 'It appears by the ancient authorities of the law that this was felony. ' Yet the 25 H. 8. Declares it felony, as if supposed not to be so. Britton, c, 9. Says, that Sodomites are to be burnt. F. N. B. 269. B. Fleta, L 1. C. 37. Says, 'Pecorantes et Sodomise in terra, vivi confodiantur. ' The Mirror makes it treason. Bestiality can never make any progress; it cannot therefore be injurious to society in any great degree, which is the true measure of criminality _in foro cirili_, and will ever be properly and severely punished, by universal derision. It may, therefore, be omitted. It was anciently punished with death, as it has been latterly. LI Ælfrid. 31. And 25 H. 8. C. 6. See Beccaria, § 31. Montesq. 

 ****Bracton, Fleta, &c. 

But no one shall be punished for Polygamy, who shall have married afterprobable information of the death of his or her husband or wife, orafter his or her husband or wife hath absented him or herself, so thatno notice of his or her being alive hath reached such person for sevenyears together, or hath suffered the punishments before prescribed forrape, polygamy, or sodomy. 

Whosoever, on purpose, and of malice forethought, shall maim* another, or shall disfigure him by cutting out or disabling the tongue, slittingor cutting off a nose, lip, or ear, branding, or otherwise, shall bemaimed, or disfigured in like** sort: or if that cannot be for want ofthe same part, then as nearly as may be, in some other part of at leastequal value and estimation, in the opinion of a jury, and moreover, shall forfeit one half of his lands and goods to the sufferer. 

 * 22 &l 23 Car. 2, c. 1. Maiming was felony at the Common law. Britton, c 95. Mehemiurn autem dici poterit, ubi aliquis in aliqua. Parte sui corporis la sionern acceperit, per quam affectus sit inutilis ad pugnandum: ut sirnanus ampuletur, vel pes, octilus privetur, vel scerda de osse capitis lavetnr, vel si quis dentes praer. Isores amiserit, vel castratus fuerit, et talis pro mahemiato poterit adjudicari. ' Flela, L. 1. C. 40. 'Et volons que nul maheme nesoit tenus forsque de membre toilet dount home est plus feble a combatre, sicome, del oyl, on de la mayn, ou del pie, on de la tete debruse, ou de les dentz devant. ' Britton, c. 25. For further definitions, see Braclon, L. 3. C. 24 § 3. 4. Finch, L. B. 3. C. 12; Co. L. 126. A b 288. A; 3 Bl. 121; 4 Bl 205; Stamf. P C. L. 1. C. 41. I do not find any of these definitions confine the offence to wilful and malicious perpetrations of it. 22&23 Car. 2. C. 1, called the Coventry act, has the words 'on purpose and of malice forethought. ' or does the Common law-prescribe the same punishment for disfiguring, as for maiming. 

 ** The punishment was by retaliation. 'Et come ascun appele serra de tele felonie atteint et attende jugement, si soit le jugement tiel que il perde autriel membre come il avera toilet al pleintyre. El sy la pleynte soit faite de femme que avera toilet a home ses membres, en tiei cas perdra la femmela une meyn par jugement, come le membre dount ele avera trespasse. ' Britton, c 25. Flela, B 1. C. 40; LI. Ælfr. 19. 40. 

Whosoever shall counterfeit* any coin, current by law within thisCommonwealth, or any paper bills issued in the nature of money, or ofcertificates of loan on the credit of this Commonwealth, or of allor any of the United States of America, or any Inspectors' notes fortobacco, or shall pass any such counterfeited coin, paper, bills, ornotes, knowing them to be counterfeit; or, for the sake of lucre shalldiminish, ** case, or wash any such coin, shall be condemned to hardlabor six years in the public works, and shall forfeit all his lands andgoods to the Commonwealth. 

 * 25E. 3. St 5. C. 2; 5 El c. 11; 18 El. C. 1; 8 and 9 W. 3. C. 26; 15. And 16 G 2. C. 28; 7 Ann. Q. 25. By the laws of Æthelstan and Canute, this was punished by cutting off the hand. 'Gifse mynetereful wurthe sleaman tha hand of, the he that fil mid worthe and sette iippon tha rnynet smithlhan. ' In English characters and words 'if the minler foul [Criminal] wert, slay the hand off, that he the foul [crime] with wrought, and set upon the mint-smithery. ' LI, iEthelst. 14. 'And selhe ofer this false wyrce, tholige thaera handa the he thaet false mid worhte. ' 'Et si quis prater hanc, falsam fecerit, perdat manum quacum falsam confecit. ' LI. Cnuti, 8. It had been death by the LI. Æihelredi, sub fine. By those of H. 1. 'Si quis cum falso deuario inventus fueril--fiat justitia mea, saltern de dextro pugno et de testiculis. ' Anno 1108. 'Opera prelium vero est audire quam severus rex fuerit in pravos. Monetarios enim fere omnes totius Angliee fecit ementulari, et manus dextras abscindi, quia monetam furtive corruperant. ' Wilkins ib. Et anno 1125. When the Common law became settled, it appears to have been punishable by death. 'Est aliud genus crirninis quod sub nomine falsi continetur, et tangit coronam domini regis, et nlfimum indncit supplicium, sicut de illis qui falsam fabricant monetasn, et qui de re non reproba, faciunt reprobam; sicut sunt retonsores deriarinruno' Bract. L. 3. C 3. § 2. Fleta, L. 1. C. 22 § 4 Lord Hale thinks it was deemed petty treason at common law. 1 H. P. C. 220, 224. The bringing in false money with intent to merchandise, and make payment of it is treason, by 25 E. 3. But the best proof of the intention, is the act of passing it, and why not leave room for repentance here, as in other cases of felonies intended? I H P. C. 229. 

 ** Clipping, filing, rounding, impairing, scaling, lightening, (the words in the statutes) are included in 'diminishing;' gilding, in the word 'casing;' coloring in the word 'washing;' and falsifying or marking, is counterfeiting. '

Whosoever committeth Arson, * shall be condemned to hard labor fiveyears in the public works, and shall make good the loss of the sufferersthreefold. **

 *43 El. C. 13. Confined to four counties. 22 ^ 23 Car. 2. C. 7; 9 G. 1. C. 22, 9 G. 3. C. 29. 

 ** Arson was a felony at Common law--3 Inst. 66; punished by a fine, Ll. Æthelst. 6. But LI. Cnuti, 61. Make it a 'scetus inexpiable. ' 'Hus brec and baernet and open thyfth and asbereniorth and hlaford swice after woruld laga is boileds. ' Word for word, 'House break and burnt, and open theft, and manifest murdher, and lord-treachery, after world's law is bootless. ' Bracton says, it was punished by death. 'Si quis turbida seditione iricendium fecerit nequiter et in felonia, vel ob inimicitias, vel praedandi causa, capital puniatur pcena vel sententia. ' Bract. L. 3. C. 27. He defines it as commissible by burning 'cedes alien as. ' Ib. Britton, c. 9. 'Ausi soitenquis de ceux que felonise-ment en temps de pees eient a litre blees ou autre messons ars, et ceux que ser-rount de ceo alteyniz, soient ars issint que eux soient punys par mesme cele chose dount ils pecherent. ' Fleia, L. I. C. 37. Is a copy of Bracton. The Mirror, c. 1. § 8. Says, 'Ardours sont que ardent cilie, ville, maison home, maison beast, ou auters chatelx, de lour felonie en temps de pace pour haine ou vengeance. ' Again, c. 2. § II. , pointing oul the words of the appellor 'jeo dise que Sebright, &c. Entiel meas. On ou hiens mist de feu. ' Coke, 3 Inst. 67. Says, 'The ancient authors extended this felony further than houses, viz. To stacks of corn, waynes or carts of coal, wood, or other goods. ' He defines it as commissibie, not only on the inset houses, parcel of the mansion-house, but the outset also, as barn, stable, cow- house, sheep-house, dairy-house, mill-house, and the like, parcel of the mansion house. ' But 'burning of a barn, being no parcel of a mansion-house, is no felony, ' unless there be corn or hay within it. Ib. The 22 k. 23 Car. 2. And 9 G. 1. Are the principal statutes against arson. They extend the offence beyond the Common law. 

If any person shall, within this Commonwealth, or, being a citizenthereof, shall without the same, wilfully destroy, * or run** away withany sea-vessel, or goods laden on board thereof, or plunder or pilferany wreck, he shall be condemned to hard labor five years in the publicworks, and shall make good the loss of the sufferers threefold. 

 * Ann. St. 2. C. 9. 12 Ann. C. 18. 4 G. 1. C. 12. 26 G. 2. C. 19. 

 ** 11 h 12 W. 3. C. 7. 

Whosoever committeth Robbery, * shall be condemned to hard labor fouryears in the public works, and shall make double reparation to thepersons injured. 

 * Robbery was a felony at Common law. 3 Inst. 68. 'Scelus inexpiable, ' by the LI. Cnuti. 61. [See before in Arson. ] It was punished with death. Briit c. 15, 'De robbours et de larouns et de semblables mesfesours, soitaussi ententivernent enquis--et tauntost soient ceux robbours juges a la morl. ' Fleta says, 'Si quis conviclus fuerit de bonis viri robbatis vel asportatis ad sectam regis judicium capitale subibit. ' L. 1. C. 39. See also Bract. L. 3. C. 32 § I. 

Whatsoever act, if committed on any mansion-house, would be deemedBurglary, * shall be Burglary, if committed on any other house; and hewho is guilty of Burglary, shall be condemned to hard labor four yearsin the public works, and shall make double reparation to the personsinjured. 

 * Burglary was felony at the Common law. 3 Inst. 63 It was not distinguished by ancient authors, except the Mirror, from simple House-breaking, ib. 65. Burglary and House- breaking were called 'Hamsockne. ' 'Diximus etiam de pacis violatione et de immunitatibus domus, si quis hoc in posterum fecetit ut perdat ornne quod habet, et sit in regis arbitro utrum vitam habeat. ' 'Eac we quasdon be mundbryce and be ham socnum, sethe hit ofer this do tha:t he dolie enlles thces the age, and sy on Cyninges Jome hwsether be life age: and we quoth of mound-breach, and of home-seeking he who it after this do, that he dole all that he owe [owns], and is in kings doom whether he life owes [owns]. ' LI. Eadmundi, c. 6 and see LI. Cnuti. 61. 'bus btec, ' in notesion Arson, ante. A Burglar was also called a Burgessor. 'Et soit enquis de Burgessours et sunt tenus Burgessours trestous ceux que felonisement en temps de pees debrusornt esglises ou auter mesons, ou murs ou portes de nos cytes, ou de nos Burghes. ' Britt. C. 10. 'Burglaria est nocturna diruptio habitaculi alicujus, vel ecclesise, etiam murorum, portarurnve civitatis aut burgi, ad feloniam aliquam perpetrandam. Noclanter dico, recentiores se-cutus; veteres enim hoc non adjungunt. ' Spelm. Gloss, verb. Burglaria. It was punished with death. Ib. Citn. From the office of a Coroner. It may be committed in the outset houses, as well as inset, 3 Inst. 65. Though not under the same roof or contiguous, provided they be within the Curtilage or Home- stall. 4 BI. 225. As by the Common law all felonies were clergiable, the stat. 23 H. 8. C. 1; 5 E. 6. C. 9. And 18 El. C. 7. First distinguished tfiem, by taking the clerical privilege of impunity from the principals, and 3 & 4 W. M. C. 9. From accessories before the fact. No statute defines what Burglary is. The 12 Ann. C. 7. Decides the doubt whether, where breaking is subsequent to entry, it is Burglary. Bacon's Elements had affirmed, and T. H. P. C. 554. Had denied it. Our bill must distinguish them by different degrees of punishment. 

Whatsoever act, if committed in the night time, shall constitutethe crime of Burglary, shall, if committed in the day, be deemedHouse-breaking;* and whosoever is guilty thereof, shall be condemned tohard labor three years in the public works, and shall make reparation tothe persons injured. 

 * At the Common law, the offence of House-breaking was not distinguished from Burglary, and neither of them from any other larceny. The statutes at first took away clergy from Burglary, which made a leading distinction between the two offences. Later statutes, however, have taken clergy from so many cases of House-breaking, as nearly to bring the offences together again. These are 23 H. 8. C. 1; 1 E. 6. C. 12; 5 k 6 E. 6. C. 9; 3 & 4 W. M. C. 9; 39 El. C. 15; 10&11 W. 3. C. 23; 12 Ann. C. 7. See Burr. 428; 4 Bl. 240. The circumstances, which in these statutes characterize the offence, seem to have been occasional and unsystematical. The houses on which Burglary may be committed, and the circumstances which constitute that crime, being ascertained, it will be better to define House-breoking by the same subjects and circumstances, and let the crimes be distinguished only by the hour at which they are committed, and the degree of punishment. 

Whosoever shall be guilty of Horse-stealing, * shall be condemned to hardlabor three years in the public works, and shall make reparation to theperson injured. 

 * The offence of Horse-stealing seems properly distinguishable from other larcenies, here, where these animals generally run at large, the temptation being so great and frequent, and the facility of commission so remarkable. See 1 E. 6. C. 12; 23 E. 6. C. 33; 31 El. C. 12. 

Grand Larceny* shall be where the goods stolen are of the value of fivedollars; and whosoever shall be guilty thereof, shall be forthwith putin the pillory for one half hour, shall be condemned to hard labor**two years in the public works, and shall make reparation to the personinjured. 

 * The distinction between grand and petty larceny is very ancient. At first 8d. Was the sum which constituted grand larceny. LI. Ælhelst. C. 1. 'Ne parcatur ulli furi, qui furtum manutenens captus sit, supra 12 annos nafo, et supra 8 denarios. ' Afterwards, in the same king's reign, it was raised to 12d. 'Non parcaturalicui furi ultra 12 denarios, et ultra 12 annos nato--ut occide-mus ilium et capiamus omne quod possidet, et inprimis sumamus rei furto ablatse pretium ab hserede, ac dividatur postea reliquum in duas partes, una pars uxori, si munda, et facinoris conscia non sit; et residuum in duo, dimi-dium capiat rex, dimidium societas. ' LI. Æthelst. Wilkins, p. 65. VOL. I. 17

 ** LI. Inse, c. 7. 'Si quis furetur ita ut uxor ejus et infans ipsius nesciani, solvat 60. Solidos pcenae loco. Si autem furetur testantibus omuibus haere-dibus suis, abeant omnes in servilutem. ' Ina was King of the West Saxons, and began to reign A. C. 688. After the union of the Heptarchy, i. E. Temp. Æthelst. Inter 924 and 940, we find it punishable with death as above. So it was inter 1017 and 1035, i. E. Temp. Cnuti. LI. Cnuti 61. Cited in notes on Arson. In the time of William the Conqueror, it seems lo have been made punishable by fine only. LI. Gul. Cohq. Apud Wilk. P. 218. 220. This commutation, however, was taken away by LI. H. 1. Anno 1108. 'Si quis in furto vel latro-cinio deprehensus fuisset, suspenderetur: sublata wirgildorum, id est, pecu-niarse redemptions lege. ' Larceny is the felonious taking and carrying away of the personal goods of another. 1. As to the taking, the 3 & 4 VV. M. C. 9. § 5, is not additional to the Common law, but declaratory of it; because where only the care or use, and not the possession, of things is delivered, to take them was larceny at the Common law. The 33 H. 6. C. 1 and 21 11. 8. C. 7. , indeed. , have added to the Common law by making it larceny in a servant to convert things of his master's. But quære, if they should be imitated more than as to other breaches of trust in general. 2. As to the subject of larceny, 4 G. 2. C. 32; 6 G. 3. C. 36 48; 43 El. C. 7; 15 Car. 2. C. 2; 23 G. 2 c. 26; 31 G. 2. C. 35; 9 G. 3. C. 41; 25 G. 2. C. 10. Have extended larceny to things of various sorts, either real, or fixed to the realty. But the enumeration is unsystematical, and in this country, where the produce of the earth is so spontaneous as to have rendered things of this kind scarcely a breach of civility or good manners in the eyes of the people, quære, if it would not too much enlarge the field of Criminal law? The same may be questioned of 9 G. J. C. 22; 13 Car. 2. C. 10; 10 G. 2. C. 32; 5 G. 3. C. 14; 22 h 23 Car. 2. C. 25; 37 E. 3. C. 19. Making it felony to steal animals ferte natures. 

Petty Larceny shall be, where the goods stolen are of less value thanfive dollars; and whosoever shall be guilty thereof, shall be forthwithput in the pillory for a quarter of an hour, shall be condemned to hardlabor one year in the public works, and shall make reparation to theperson injured. 

Robbery* or larceny of bonds, bills obligatory, bills of exchange, orpromissory notes for the payment of money or tobacco, lottery tickets, paper bills issued in the nature of money, or of certificates of loan onthe credit of this Commonwealth, or of all or any of the United Statesof America, or Inspectors' notes for tobacco, shall be punished in thesame manner as robbery, or larceny of the money or tobacco due on or represented by such papers. * 2 G. 2. C. 25 §3; 7 G 3. C. 50. 

Buyers* and receivers of goods taken by way of robbery or larceny, knowing them to have been so taken, shall be deemed accessaries to suchrobbery or larceny after the fact. 

 * 3 &. 4 W. & M. C. 9. § 4; 5 Ann. C. 31. § 5; 4 G. 1. C. 11. § 1. 

Prison breakers, * also, shall be deemed accessaries after the fact, totraitors or felons whom they enlarge from prison. **

 * 1 E. 2. 

 ** Breach of prison at the Common law was capital, without regard to the crime for which the party was committed. 'Cum pro criminis qualitate in carcerem recepti fuerint, conspiraverint (ut ruptis vinculis aut fracto carcere) evadant, atnplius (quam causa pro qua recepti sunt exposuit) puniendi sunt, videlicet ultimo supplicio, quamvis ex eo crimine innocentes inveniantur, propter quod inducti sunt in carcerem et imparcati. ' Bracton L. 3, c. 9. § 4. Britt. C. 11. Fleta, L. 1. C. 26. § 4. Yet in the Y. B. Hill. 1 H. 7. 2. Hussey says, that, by the opinion of Billing and Choke, and all the Justices, it was a felony in strangers only, but not in the prisoner himself. S. C. Fitz. Abr. Co-ron. 48. They are principal felons, not accessaries, ib. Whether it was felony in the prisoner at Common law, is doubted. Stam. P. C. 30. B. The Mirror c. 5. § 1. Says, 'Abusion est a tener escape de prisoner, ou de bruserie del gaole pur peche mortal 1, car eel usage nest garrant per nul ley, ne in nul part est use forsque in cest realme, et en France, ems [mais] est leu garrantie de ceo faire per la ley de nature' 2 Inst. 589. The stat. 1 E. 2, 'de fragentibus priso-nam, ' 'restrained the judgment of life and limb for prison- breaking, to cases where the offence of the prisoner required such judgment. '

 It is not only vain but wicked, in a legislator to frame laws in opposition to the laws of nature, and to arm them with the terrors of death. This is truly creating crimes in order to punish them. The law of nature impels every one to escape from confinement; it should not, therefore, be subjected to punishment. Let the legislator restrain his criminal by walls, not by parchment. As to strangers breaking prison to enlarge an offender, they should, and may be fairly considered as accessaries after the fact. This bill saying nothing of the prisoner releasing himself by breach of jail, he will have the benefit of the first section of the bill, which repeals the judgment of life and death at the Common law. 

All attempts to delude the people, or to abuse their understanding byexercise of the pretended arts of witchcraft, conjuration, enchantment, or sorcery, or by pretended prophecies, shall be punished by ducking andwhipping, at the discretion of a jury, not, exceeding fifteen stripes. *

 *'Gifwiecan owwe wigleras mansworan, owwe morthwyrhtan owwe fule afylede eebere horcwenan ahwhar on lande wurthan agytene, thonne fyrsie man of earde, and claensie lha. Theode, owwe on earde forfare hi mid ealle, buton hi geswican and the deoper gebetan:' 'if witches, or weirds, man-swearers, or murther-wroughters, or foul, defiled, open whore-queens, ay--where in the land were gotten, then force them off earth, and cleanse the nation, or in earth forth- fare them withal, buton they beseech, and deeply better. ' LI. Ed. Et Guthr. C. 11. 'Saga; mulieres barbara factitantes sacrificia, aut pestiferi, si cui mortem intulerint, neque id inficiari poterint, capitis pcena esto. ' LI. Aethelst. C. 6. Apud Lambard. LI. Aelfr. 30. LI. Cnuti. C. 4. 'Mesmo eel jugement (d'etrears) eyent sorcers, et sorceresses, ' &c. Ut supra. Fleta tit et ubi supra. 3 Inst. 44. Trial of witches before Hale, in 1664. The statutes 33 H. 8. C. 8. 5. El. C. 16 and 1. Jac. 1. C. 12. Seem to be only in confirmation of the Common law. 9 G. 2. C. 25. Punishes them with pillory and a year's imprisonment 3 E. 6 c 15. 5 El. C. 15. Punish fond, fantastical, and false prophecies, by fine and imprisonment. 

If the principal offenders be fled, * or secreted from justice, in anycase not touching life or member, the accessaries may, notwithstanding, be prosecuted as if their principal were convicted. **

 * 1 Ann. C. 9. § 2. 

 **As every treason includes within it a misprision of treason, so every felony includes a misprision, or misdemeanor. 1 Hale P. C. 652. 75S. 'Licet fuerit felonia, tamen in eo continetur misprisio. ' 2 R. 3. 10. Both principal and accessary, therefore, may be proceeded against in any case, either for felony, or misprision, at the Common law. Capital cases not being mentioned here, accessaries to them will of course be triable for misprisions, if the offender flies. 

If any offender stand mute of obstinacy, * or challenge preremp-torilymore of the jurors than by law he may, being first warned of theconsequence thereof, the court shall proceed as if he had confessed thecharge, **

 * 3E. I. E. 12. 

 ** Whether the judgment of penance lay at Common law. See 2 Inst. 178. 2. H. P. C. 321. 4 Bl. 322. It was given on standing mute: but on challenging more than the legal number, whether that sentence, or sentence of death is to be given, seems doubtful. 2 H. P. C. 316. Quære, whether it would not be better to consider the supernumerary challenge as merely void, and to proceed in the trial. Quære too, in case of silence. 

Pardon and privilege of clergy shall henceforth be abolished, that nonemay be induced to injure through hope of impunity. But if the verdict beagainst the defendant, and the court, before whom the offence isheard and determined, shall doubt that it may be untrue for defect oftestimony, or other cause, they may direct a new trial to be had. *

 * 'Cum Clericus sic de crimine convictus degradetur, non sequitur aliapoe-na pro uno delicto, vel pluribus ante degradationem perpetratis. Satis enim sufficit ei pro pcena degradatio, quse est magna capitis diminutio, nisi forte convictus fuerit de apostatia, quia hinc primo degradetur, et postea per manum laicalem comburetur, secundum quod accidit in concilio Oxoni celebrato a bonas memoriae S. Cantuaren. Archiepiscopo de quodam diacono, qui seapos- tatavit pro quadam Judaea; qui cum esset per episcopum degradatus, statim fuit igni traditus per manum laicalem. ' Bract. L. 3. C. 9. § 2. 'Et mesme eel jugement (i. E. Qui ils soient ars) eye n't sorcers et sorceresses, et sodomites et mescreauntz apertement atteyntz. ' Britt. C. 9. 'Christiani autem Apostatae, sortilegii, et hujusmodi detractari debent et comburi. ' Fleta, L. 1. C. 37. § 2. See 3 Inst. 39; 12 Rep. 92; 1 H. P. C. 393. The extent of the clerical privilege at the Common law, 1. As to the crimes, seems very obscure and uncertain. It extended to no case where the judgment was not of life or limb. Note in 2. H. P. C. 326. This, therefore, excluded it in trespass, petty larceny, or killing _se defendendo_. In high treason against the person of the King, it seems not to have been allowed. Note 1 H. P. C. 185. Treasons, therefore, not against the King's person immediately, petty treasons and felonies, seem to have been the cases where it was allowed; and even of those, not for _insidiatio viarum, depopulatio agrorum, or combustio domorum_. The statute de Clero, 25 E. 3. St. 3. C. 4. Settled the law on this head. 2. As to the persons, it extended to all clerks, always, and toties quoiies. 2 H. P. C. 374. To nuns also. Fitz. Abr. Coron. 461. 22 E. 3. The clerical habit and tonsure were considered as evidence of the person being clerical. 26 Assiz. 19 & 20 E. 2. Fitz. Coron. 233. By the 9 E. 4. 28. B. 34 H. 6. 49. A. B. Simple reading became the evidence. This extended impunity to a great number of laymen, and toties quoties. The stat. 4 H. 7. C. 13. Directed that real clerks should upon a second arraignment, produce their orders, and all others to be burnt in the hand with M. Or T. On the first allowance of clergy, and not to be admitted to it a second time. A heretic, Jew, or Turk, (as being incapable of orders) could not have clergy. H Co. Rep. 29. B. But a Greek, or other alien, reading in a book of his own country, might. Bro. Clergie. 20. So a blind man, if he could speak Latin. Ib. 21. Qu, 11. Rep. 29. B. The orders entitling the party were bishops, priests, deacons, and sub-deacons, the inferior being reckoned Clerici in minoribus. 2 H. P. C. 373. Quære, however, if this distinction is not founded on the stat. 23. H. 8. C. 1; 25. H. 8. C. 32. By merely dropping all the statutes, it should seem that none but clerks would be entitled to this privilege, and that they would, toties quoties. 

No attainder shall work corruption of blood in any case. 

In all cases of forfeiture, the widow's dower shall be saved to her, during her title thereto; after which it shall be disposed of as if nosuch saving had been. 

The aid of Counsel, * and examination of their witnesses on oath, shallbe allowed to defendants in criminal prosecutions. 

 * 1 Ann. C. 9. 

Slaves guilty of any offence* punishable in others by labor in thepublic works, shall be transported to such parts in the West Indies, South America, or Africa, as the Governor shall direct, there to becontinued in slavery. 

 * Manslaghter, counterfeiting, arson, asportation of vessels, robbery, burglary, house-breaking, horse-stealing, larceny. 

[NOTE F. ]--Coinage for the United States

_On the Establishment of a Money Unit, and of a Coinage for theUnited States_. 

In fixing the Unit of Money, these circumstances are of principalimportance. 

I. That it be of _convenient_ size to be applied as a measure to thecommon money transactions of life. 

II. That its parts and multiplies be in an _easy proportion_ to eachother, so as to facilitate the money arithmetic;

III. That the Unit and its parts, or divisions, be _so nearly of thevalue of some of the known coins_, as that they may be of easy adoptionfor the people. 

The Spanish Dollar seems to fulfil all these conditions. 

I. Taking into our view all money transactions, great and small, Iquestion if a common measure of more _convenient size_ than the Dollarcould be proposed. The value of 100, 1000, 10, 000 dollars is wellestimated by the mind; so is that of the tenth or the hundredth of adollar. Few transactions are above or below these limits. The expediencyof attending to the size of the Money Unit will be evident to any onewho will consider how inconvenient it would be to a manufacturer ormerchant, if instead of the yard for measuring cloth, either the inch orthe mile had been made the Unit of Measure. 

II. The most _easy ratio_ of multiplication and division is that by ten. Every one knows the facility of Decimal Arithmetic. Every one remembers, that, when learning Money-Arithmetic, he used to be puzzled with addingthe farthings, taking out the fours and carrying them on; addingthe pence, taking out the twelves and carrying them on; adding theshillings, taking out the twenties and carrying them on; but when hecame to the pounds, where he had only tens to carry forward, it was easyand free from error. The bulk of mankind are school-boys throughlife. These little perplexities are always great to them. And evenmathematical heads feel the relief of an easier, substituted for a moredifficult process. Foreigners, too, who trade or travel among us, willfind a great facility in understanding our coins and accounts from thisratio of subdivision. Those who have had occasion to convert the Livres, sols, and deniers of the French; the Gilders, stivers, and frenings ofthe Dutch; the Pounds, shillings, pence, and farthings of these severalStates, into each other, can judge how much they would have been aided, had their several subdivisions been in a decimal ratio. Certainly, inall cases, where we are free to choose between easy and difficult modesof operation, it is most rational to choose the easy. The Financier, therefore, in his report, well proposes that our Coins should be indecimal proportions to one another. If we adopt the Dollar for our Unit, we should strike four coins, one of gold, two of silver, and one ofcopper, viz. 

1. A golden piece, equal in value to ten dollars:

2. The Unit or Dollar itself, of silver:

3. The tenth of a Dollar, of silver also:

4. The hundreth of a Dollar, of copper. 

Compare the arithmetical operations, on the same sum of money expressedin this form, and expressed in the pound sterling and its divisions. 

A bare inspection of the above operations, will evince the labor whichis occasioned by subdividing the Unit into 20ths, 240ths, and 960ths, as the English do, and as we have done; and the ease of subdivision ina decimal ratio. The same difference arises in making payment. AnEnglishman, to pay £8 13s. 11d. 1/2qrs. Must find, by calculation, what combination of the coins of his country will pay this sum; but anAmerican, having the same sum to pay, thus expressed $38. 65, will know, by inspection only, that three golden pieces, eight units or dollars, six tenths, and five coppers, pay it precisely. 

III. The third condition required is, that the Unit, its multiples, andsubdivisions, coincide in value with some of the known coins so nearly, that the people may, by a quick reference in the mind, estimate theirvalue. If this be not attended to, they will be very long in adoptingthe innovation, if ever they adopt it. Let us examine, in this point ofview, each of the four coins proposed. 

1. The golden piece will be 1/5 more than a half joe and 1/15 more thana double guinea. It will be readily estimated, then, by reference toeither of them; but more readily and accurately as equal to ten dollars. 

2. The Unit, or Dollar, is a known coin, and the most familiar of all tothe minds of the people. It is already adopted from South to North; hasidentified our currency, and therefore happily offers itself as aUnit already introduced. Our public debt, our requisitions, and theirapportionments, have given it actual and long possession of the place ofUnit. The course of our commerce, too, will bring us more of this thanof any other foreign coin, and therefore renders it more worthy ofattention. I know of no Unit which can be proposed in competition withthe Dollar, but the Pound. But what is the Pound? 1547 grains of finesilver in Georgia; 1289 grains in Virginia, Connecticut, Rhode Island, Massachusetts, and New Hampshire; 1031 grains in Maryland, Delaware, Pennsylvania, and New Jersey; 966 grains in North Carolina and New York. Which of these shall we adopt? To which State give that pre-eminence ofwhich all are so jealous? And on which impose the difficulties of a newestimate of their corn, their cattle, and other commodities? Or shall wehang the pound sterling, as a common badge, about all their necks? Thiscontains 1718 grains of pure silver. It is difficult to familiarize anew coin to the people; it is more difficult to familiarize them to anew coin with an old name. Happily, the Dollar is familiar to them all, and is already as much referred to for a measure of value, as theirrespective provincial pounds. 

3. The tenth will be precisely the Spanish bit, or half pistereen. Thisis a coin perfectly familiar to us all. When we shall make a new coin, then, equal in value to this, it will be of ready estimate with thepeople. 

4. The hundredth, or copper, will differ little from the copper of thefour Eastern States, which is 1/108 of a dollar; still less from thepenny of New York and North Carolina, which is 1/96 of a dollar;and somewhat more from the penny or copper of Jersey, Pennsylvania, Delaware, and Maryland, which is 1/90 of a dollar. It will be about themedium between the old and the new coppers of these States, and willtherefore soon be substituted for them both. In Virginia, coppers havenever been in use. It will be as easy, therefore, to introduce themthere of one value as of another. The copper coin proposed, will benearly equal to three fourths of their penny, which is the same with thepenny lawful of the Eastern States. 

A great deal of small change is useful in a State, and tends to reducethe price of small articles. Perhaps it would not be amiss to cointhree, more pieces of silver, one of the value of five tenths, or halfa dollar, one of the value of two tenths, which would be equal to theSpanish pistereen, and one of the value of five coppers, which would beequal to the Spanish half-bit. We should then have five silver coins, viz. 

1. The Unit or Dollar:

2. The half dollar or five tenths:

3. The double tenth, equal to 2/10, or one fifth of a dollar, or to thepistereen:

4. The tenth, equal to a Spanish bit:

5. The five copper piece, equal to 5/100 or one twentieth of a dollar, or the half-bit. 

The plan reported by the Financier is worthy of his sound judgment. Itadmits, however, of objection, in the size of the Unit. He proposes thatthis shall be the 1440th part of a dollar; so that it will require 1440of his units to make the one before proposed. He was led to adopt thisby a mathematical attention to our old currencies, all of which thisUnit will measure without leaving a fraction. But as our object is toget rid of those currencies, the advantage derived from this coincidencewill soon be past, whereas the inconveniences of this Unit will forever remain, if they do not altogether prevent its introduction. Itis defective in two of the three requisites of a Money Unit. 1. It isinconvenient in its application to the ordinary money transactions. 10, 000 dollars will require eight figures to express them, to wit, 14, 400, 000 units. A horse or bullock of eighty dollars' value, willrequire a notation of six figures, to wit, 115, 200 units. As a moneyof account, this will be laborious, even when facilitated by the aidof decimal arithmetic: as a common measure of the value of property, it will be too minute to be comprehended by the people. The French aresubjected to very laborious calculations, the Livre being their ordinarymoney of account, and this but between 1/5 and 1/6 of a dollar; but whatwill be our labors, should our money of account be 1/1440 of a dollaronly? 2. It is neither equal, nor near to any of the known coins invalue. 

If we determine that a Dollar shall be our Unit, we must then say withprecision what a Dollar is. This coin, struck at different times, of different weights and fineness, is of different values. Sir IsaacNewton's assay and representation to the Lords of the Treasury, in 1717, of those which he examined, make their values as follows:

[Illustration: Sir Isaac Newton's Assay, page137]

 The Seville piece of eight . . . . 387 grains of pure silver The Mexico piece of eight . . . . 385 1/2 " The Pillar piece of eight . . . . 385 3/4 " The new Seville piece of eight . . 308 7/10 "

The Financier states the old Dollar as containing 376 grains of finesilver, and the new 365 grains. If the Dollars circulating among us beof every date equally, we should examine the quantity of pure metal ineach, and from them form an average for our Unit. This is a work properto be committed to mathematicians as well as merchants, and which shouldbe decided on actual and accurate experiment. 

The quantum of alloy is also to be decided. Some is necessary, toprevent the coin from wearing too fast; too much, fills our pockets withcopper, instead of silver. The silver coin assayed by Sir Isaac Newton, varied from 1 1/2 to 76 pennyweights alloy, in the pound troy of mixedmetal. The British standard has 18 dwt. ; the Spanish coins assayed bySir Isaac Newton, have from 18 to 19 1/2 dwt. ; the new French crown hasin fact 19 1/2, though by edict it should have 20 dwt. , that is 1/12. 

The taste of our countrymen will require, that their furniture plateshould be as good as the British standard. Taste cannot be controlledby law. Let it then give the law, in a point which is indifferent to acertain degree. Let the Legislatures fix the alloy of furniture plateat 18 dwt. , the British standard, and Congress that of their coin at oneounce in the pound, the French standard. This proportion has been foundconvenient for the alloy of gold coin, and it will simplify the systemof our mint to alloy both metals in the same degree. The coin too, beingthe least pure, will be the less easily melted into plate. These reasonsare light, indeed, and, of course, will only weigh, if no heavier onescan be opposed to them. 

The proportion between the values of gold and silver is a mercantileproblem altogether. It would be inaccurate to fix it by the popularexchanges of a half Joe for eight dollars, a Louis for four Frenchcrowns, or five Louis for twenty-three dollars. The first of these, would be to adopt the Spanish proportion between gold and silver;the second, the French; the third, a mere popular barter, whereinconvenience is consulted more than accuracy. The legal proportion inSpain is 16 for 1; in England, 15 1/2 for 1; in France, 15 for 1. The Spaniards and English are found, in experience, to retain an overproportion of gold coins, and to lose their silver. The French have agreater proportion of silver. The difference at market has been on thedecrease. The Financier states it at present, as at 141/2 for one. Justprinciples will lead us to disregard legal proportions altogether; toinquire into the market price of gold, in the several countries withwhich we shall principally be connected in commerce, and to take anaverage from them. Perhaps we might, with safety, lean to a proportionsomewhat above par for gold, considering our neighborhood and commercewith the sources of the coins, and the tendency which the high priceof gold in Spain has, to draw thither all that of their mines, leavingsilver principally for our and other markets. It is not impossible that15 for 1, may be found an eligible proportion. I state it, however, as aconjecture only. 

As to the alloy for gold coin, the British is an ounce in the pound; theFrench, Spanish, and Portuguese differ from that, only from a quarter ofa grain, to a grain and a half. I should, therefore, prefer theBritish, merely because its fraction stands in a more simple form, andfacilitates the calculations into which it enters. 

Should the Unit be fixed at 365 grains of pure silver, gold at 15 for 1, and the alloy of both be one twelfth, the weights of the coins will beas follows:

[Illustration: Projected Coin Weights, page138]

The quantity of fine silver which shall constitute the Unit, being-settled, and the proportion of the value of gold, to that ofsilver; a table should be formed from the assay before suggested, classing the several foreign coins according to their fineness, declaring the worth of a pennyweight or grain in each class, and thatthey shall be lawful tenders at those rates, if not clipped or otherwisediminished; and where diminished, offering their value for them at themint, deducting the expense of re-coinage. Here the Legislatures shouldco-operate with Congress, in providing that no money be received or paidat their treasuries, or by any of their officers, or any bank, but onactual weight; in making it criminal, in a high degree, to diminishtheir own coins, and, in some smaller degree, to offer them in paymentwhen diminished. 

That this subject may be properly prepared and in readiness for Congressto take up at their meeting in November, something must now be done. Thepresent session drawing to a close, they probably would not choose toenter far into this undertaking themselves. The Committee of the States, however, during the recess, will have time to digest it thoroughly, ifCongress will fix some general principles for their government. Supposethey be instructed, --

To appoint proper persons to assay and examine, with the utmostaccuracy practicable, the Spanish milled dollars of different dates incirculation with us. 

To assay and examine, in like manner, the fineness of all the othercoins which may be found in circulation within these states. 

To report to the Committee the result of these assays, by them to belaid before Congress. 

To appoint, also, proper persons to inquire what are the proportionsbetween the values of fine gold and fine silver, at the markets of theseveral countries with which we are, or probably may be, connected incommerce; and what would be a proper proportion here, having regardto the average of their values at those markets, and to othercircumstances, and to report the same to the Committee, by them to belaid before Congress. 

To prepare an Ordinance for establishing the Unit of Money within theseStates; for subdividing it; and for striking coins of gold, silver, andcopper, on the following principles. 

That the Money Unit of these States shall be equal in value to a Spanishmilled dollar containing so much fine silver as the assay, beforedirected, shall show to be contained, on an average, in dollars of theseveral dates in circulation with us. 

That this Unit shall be divided into tenths and hundredths; that thereshall be a coin of silver of the value of a Unit; one other of the samemetal, of the value of one tenth of a Unit; one other of copper, of thevalue of the hundredth of a Unit. 

That there shall be a coin of gold of the value of ten units, accordingto the report before directed, and the judgment of the Committeethereon. 

That the alloy of the said coins of gold and silver shall be equal inweight to one eleventh part of the fine metal. 

That there be proper devices for these coins. 

That measures be proposed for preventing their diminution, and alsotheir currency, and that of any others, when diminished. 

That the several foreign coins be described and classed in the saidOrdinance, the fineness of each class stated, and its value by weightestimated in Units and decimal parts of Units. 

And that the said draught of an Ordinance be reported to Congress attheir next meeting, for their consideration and determination. 

Supplementary Explanations. 

The preceding notes having been submitted to the consideration of theFinancier, he favored me with his opinion and observations on them, which render necessary the following supplementary explanations. 

I observed in the preceding notes, that the true proportion of valuebetween gold and silver was a mercantile problem altogether, and that, perhaps, fifteen for one, might be found an eligible proportion. TheFinancier is so good as to inform me, that this would be higher thanthe market would justify. Confident of his better information on thissubject, I recede from that idea. *

* In a Newspaper, which frequently gives good details in politicaleconomy, I find, under the Hamburg head, that the present marketprice of Gold and Silver is, in England, 15. 5 for 1: in Russia, 15: inHolland, 14. 75: in Savoy, 14. 96: in Fiance, 14. 42: in Spain, 14. 3: inGermany, 14. 155: the average of which is 14. 615 or 14 1/2. I would stillincline to give a little more than the market price for gold, because ofits superior convenience in transportation. 

He also informs me, that the several coins in circulation among us, havealready been assayed with accuracy, and the result published in a workon that subject. The assay of Sir Isaac Newton had superseded, in mymind, the necessity of this operation as to the older coins, which werethe subject of his examination. This later work, with equal reason, maybe considered as saving the same trouble as to the latter coins. 

So far, then, I accede to the opinions of the Financier. On the otherhand, he seems to concur with me, in thinking his smallest fractionaldivision too minute for a Unit, and, therefore, proposes to transferthat denomination to his largest silver coin, containing 1000 of theunits first proposed, and worth about 4s. 2d. Lawful, or 25/36 of adollar. The only question then remaining between us is, whether theDollar, or this coin, be best for the Unit. We both agree that the easeof adoption with the people, is the thing to be aimed at. 

1. As to the Dollar, events have overtaken and superseded the question. It is no longer a doubt whether the people can adopt it with ease; theyhave adopted it, and will have to be turned out of that, into anothertrack of calculation, if another Unit be assumed. They have now twoUnits, which they use with equal facility, viz. The Pound of theirrespective state, and the Dollar. The first of these is peculiar to eachstate; the second, happily, common to all. In each state, the peoplehave an easy rule for converting the pound of their state into dollars, or dollars into pounds; and this is enough for them, without knowing howthis may be done in every state of the Union. Such of them as live nearenough the borders of their state to have dealings with their neighbors, learn also the rule of their neighbors: Thus, in Virginia and theEastern States, where the dollar is 6s. Or 3/10 of a pound, to turnpounds into dollars, they multiply by 10, and divide by 3. To turndollars into pounds, they multiply by 3, and divide by 10. Those inVirginia who live near to Carolina, where the dollar is 8s. Or 4/10 ofa pound, learn the operation of that state, which is a multiplicationby 4, and division by 10, _et e converso_. Those who live near Maryland, where the dollar is 7s. 6d. Or 3/8 of a pound, multiply by 3, and divideby 8, _et e converso_. All these operations are easy, and have beenfound by experience, not too much for the arithmetic of the people, when they have occasion to convert their old Unit into dollars, or thereverse. 

2. As to the Unit of the Financier; in the States where the dollar is3/10 of a pound, this Unit will be 5/24. Its conversion into the poundthen, will be by a multiplication by 5, and a division by 24. In theStates where the dollar is 3/8 of a pound, this Unit will be 25/96 ofa pound, and the operation must be to multiply by 25, and divide by 96, _et e converso_. Where the dollar is 4/10 of a pound, this Unit willbe 5/18. The simplicity of the fraction, and of course the facilityof conversion and reconversion, is therefore against this Unit, and infavor of the dollar, in every instance. The only advantage it has overthe dollar, is, that it will in every case express our farthing withouta remainder; whereas, though the dollar and its decimals will do thisin many cases, it will not in all. But, even in these, by extending yournotation one figure farther, to wit, to thousands, you approximate aperfect accuracy within less than the two thousandth part of a dollar;an atom in money which every one would neglect. Against this singleinconvenience, the other advantages of the dollar are more thansufficient to preponderate. This Unit will present to the people a newcoin, and whether they endeavor to estimate its value by comparing itwith a Pound, or with a Dollar, the Units they now possess, they willfind the fraction very compound, and of course less accommodated totheir comprehension and habits than the dollar. Indeed the probabilityis, that they could never be led to compute in it generally. 

The Financier supposes that the 1/100 of a dollar is not sufficientlysmall, where the poor are purchasers or vendors. If it is not, makea smaller coin. But I suspect that it is small enough. Let us examinefacts, in countries where we are acquainted with them. In Virginia, where our towns are few, small, and of course their demand fornecessaries very limited, we have never yet been able to introduce acopper coin at all. The smallest coin which any body will receive there, is the half-bit, or 1/20 of a dollar. In those states where the townsare larger and more populous, a more habitual barter for small wants, has called for a copper coin of 1/90 or 1/96 or 1/108 of a dollar. In England, where the towns are many and pouplous, and where ages ofexperience have matured the conveniences of intercourse, they have foundthat some wants may be supplied for a farthing, or 1/208 of a dollar, and they have accommodated a coin to this want. This business isevidently progressive. In Virginia we are far behind. In some otherstates, they are farther advanced, to wit, to the appreciation of1/90, 1/96 or 1/108 of a dollar. To this most advanced state, then, Iaccommodated my smartest coin in the decimal arrangement, as a money ofpayment, corresponding with the money of account. I have no doubt thetime will come when a smaller coin will be called for. When that comes, let it be made. It will probably be the half of the copper I propose, that is to say 5/1000 or. 005 of a dollar, this being very nearly thefarthing of England. But it will be time enough to make it, when thepeople shall be ready to receive it. 

My proposition then, is, that our notation of money shall be decimal, descending _ad libitum_ of the person noting; that the Unit of thisnotation shall be a Dollar; that coins shall be accommodated to it fromten dollars to the hundredth of a dollar; and that, to set this onfoot, the resolutions be adopted which were proposed in the notes, onlysubstituting an inquiry into the fineness of the coins in lieu of anassay of them. 

[NOTE G. ]

I have sometimes asked myself, whether my country is the better formy having lived at all. I do not know that it is. I have been theinstrument of doing the following things; but they would have been doneby others; some of them, perhaps, a little better. 

The Rivanna had never been used for navigation; scarcely an emptycanoe had ever passed down it. Soon after I came of age I examined itsobstructions, set on foot a subscription for removing them, got an actof Assembly passed, and the thing effected, so as to be used completelyand fully for carrying down all our produce. 

The Declaration of Independence. 

I proposed the demolition of the Church establishment, and the freedomof religion. It could only be done by degrees; to wit, the act of 1776, c. 2. Exempted dissenters from contributions to the Church, and left theChurch clergy to be supported by voluntary contributions of their ownsect; was continued from year to year, and made perpetual 1779, c. 36. Iprepared the act for religious freedom in 1777, as part of the revisal, which was not reported to the Assembly till 1779, and that particularlaw not passed till 1785, and then by the efforts of Mr. Madison. 

The act putting an end to entails. 

The act prohibiting the importation of slaves. 

The act concerning citizens, and establishing the natural right of manto expatriate himself at will. 

The act changing the course of descents, and giving the inheritance toall the children, &c. Equally, I drew as part of the revisal. 

The act for apportioning crimes and punishments, part of the same work, I drew. When proposed to the Legislature by Mr. Madison, in 1785, itfailed by a single vote. G. K. Taylor afterwards, in 1796, proposed thesame subject; avoiding the adoption of any part of the diction of mine, the text of which had been studiously drawn in the technical terms ofthe law, so as to give no occasion for new questions by new expressions. When I drew mine, public labor was thought the best punishment to besubstituted for death. But, while I was in France, I heard of a societyin England who had successfully introduced solitary confinement, andsaw the drawing of a prison at Lyons, in France, formed on the idea ofsolitary confinement. And, being applied to by the Governor of Virginiafor the plan of a Capitol and Prison, I sent him the Lyons plan, accompanying it with a drawing on a smaller scale, better adapted to ouruse. This was in June, 1786. Mr. Taylor very judiciously adopted thisidea, (which had now been acted on in Philadelphia, probably from theEnglish model, ) and substituted labor in confinement, to the publiclabor proposed by the Committee of revisal; which themselves would havedone, had they been to act on the subject again. The public mind wasripe for this in 1796, when Mr. Taylor proposed it, and ripened chieflyby the experiment in Philadelphia; whereas, in 1785, when it had beenproposed to our Assembly, they were not quite ripe for it. 

In 1789 and 1790, I had a great number of olive plants, of the bestkind, sent from Marseilles to Charleston, for South Carolina andGeorgia. They were planted, and are flourishing; and, though not yetmultiplied, they will be the germ of that cultivation in those States. 

In 1790, I got a cask of heavy upland rice, from the river Denbigh, inAfrica, about lat. 9° 30' North, which I sent to Charleston, in hopesit might supersede the culture of the wet rice, which renders SouthCarolina and Georgia so pestilential through the summer. It was divided, and a part sent to Georgia. I know not whether it has been attended toin South Carolina; but it has spread in the upper parts of Georgia, soas to have become almost general, and is highly prized. Perhaps it mayanswer in Tennessee and Kentucky. The greatest service which canbe rendered any country is, to add an useful plant to its culture;especially a bread grain; next in value to bread is oil. 

Whether the Act for the more general diffusion of knowledge will everbe carried into complete effect, I know not. It was received, by thelegislature, with great enthusiasm at first; and a small effort was madein 1796, by the act to establish public schools, to carry a part of itinto effect, viz. That for the establishment of free English schools;but the option given to the courts has defeated the intention of theAct. *

 * It appears, from a blank space at the bottom of this paper, that a continuation had been intended. Indeed, from the loose manner in which the above notes are written, it may be inferred that they were originally intended as memoranda only, to be used in some more permanent form. 

[NOTE H. ]

Sir, New York, October 13, 1789. 

In the selection of characters to fill the important offices ofGovernment in the United States, I was naturally led to contemplate thetalents and dispositions which I knew you to possess and entertain forthe service of your country; and without being able to consult yourinclination, or to derive any knowledge of your intentions from yourletters, either to myself or to any other of your friends, I wasdetermined, as well by motives of private regard, as a conviction ofpublic propriety, to nominate you for the Department of State, which, under its present organization, involves many of the most interestingobjects of the Executive authority. 

But grateful as your acceptance of this commission would be to me, Iam, at the same time, desirous to accommodate your wishes, and Ihave, therefore, forborne to nominate your successor at the court ofVersailles until I should be informed of your determination. 

Being on the eve of a journey through the Eastern States, with a viewto observe the situation of the country, and in a hope of perfectlyre-establishing my health, which a series of indispositions has muchimpaired, I have deemed it proper to make this communication of yourappointment, in order that you might lose no time, should it be yourwish to visit Virginia during the recess of Congress, which willprobably be the most convenient season, both as it may respect yourprivate concerns, and the public service. 

Unwilling, as I am, to interfere in the direction of your choice ofassistants, I shall only take the liberty of observing to you, that, from warm recommendations which I have received in behalf of RogerAlden, Esq. , Assistant Secretary to the late Congress, I have placed allthe papers thereunto belonging under his care. Those papers which moreproperly appertain to the office of Foreign Affairs, are under thesuperintendence of Mr. Jay, who has been so obliging as to continue hisgood offices, and they are in the immediate charge of Mr. Remsen. 

With sentiments of very great esteem and regard, I have the honor to be, Sir, Your most obedient servant, George Washington. 

The Honorable Thomas Jefferson. 

I take the occasion to acknowledge the receipt of your several favors ofthe 4th and 5th of December of the last, and 10th of May of the presentyear, and to thank you for the communications therein. G. W. 

New York, November 30, 1789. 

Dear Sir, You will perceive by the inclosed letter (which was left for you at theoffice of Foreign Affairs when I made a journey to the Eastern States), the motives, on which I acted with regard to yourself, and the occasionof my explaining them at that early period. 

Having now reason to hope, from Mr. Trumbull's report, that you willbe arrived at Norfolk before this time (on which event I would mostcordially congratulate you), and having a safe conveyance by Mr. Griffin, I forward your commission to Virginia; with a request tobe made acquainted with your sentiments as soon as you shall find itconvenient to communicate them to me. With sentiments of very greatesteem and regard, I am, dear Sir, Your most obedient, humble servant, George Washington. 

The Honorable Thomas Jefferson. 

*****

CORRESPONDENCE

LETTER I. --TO DR. WILLIAM SMALL, May 7, 1775

TO DR. WILLIAM SMALL. 

May 7, 1775. 

Dear Sir, Within this week we have received the unhappy news of an action ofconsiderable magnitude, between the King's troops and our brethren ofBoston, in which, it is said, five hundred of the former, with the Earlof Percy, are slain. That such an action has occurred, is undoubted, though perhaps the circumstances may not have reached us with truth. This accident has cut off our last hope of reconciliation, and a phrenzyof revenge seems to have seized all ranks of people. It is a lamentablecircumstance, that the only mediatory power, acknowledged by bothparties, instead of leading to a reconciliation his divided people, should pursue the incendiary purpose of still blowing up the flames, aswe find him constantly doing, in every speech and public declaration. This may, perhaps, be intended to intimidate into acquiescence, but theeffect has been most unfortunately otherwise. A little knowledgeof human nature, and attention to its ordinary workings, might haveforeseen that the spirits of the people here were in a state, in whichthey were more likely to be provoked, than frightened, by haughtydeportment. And to fill up the measure of irritation, a proscription ofindividuals has been substituted in the room of just trial. Can it bebelieved, that a grateful people will suffer those to be consigned toexecution, whose sole crime has been the developing and asserting theirrights? Had the Parliament possessed the power of reflection, they wouldhave avoided a measure as impotent, as it was inflammatory. When I sawLord Chatham's bill, I entertained high hope that a reconciliation couldhave been brought about. The difference between his terms, and thoseoffered by our Congress, might have been accommodated, if entered on, by both parties, with a disposition to accommodate. But the dignity ofParliament, it seems, can brook no opposition to its power. Strange, that a set of men, who have made sale of their virtue to the minister, should yet talk of retaining dignity. But I am getting into politics, though I sat down only to ask your acceptance of the wine: and expressmy constant wishes for your happiness. 

Th: Jefferson. 

LETTER II. --TO JOHN RANDOLPH, August 25, 1775

TO JOHN RANDOLPH, ESQ. , Monticello, August 25, 1775. 

Dear Sir, I am sorry the situation of our country should render it not eligible toyou to remain longer in it. I hope the returning wisdom of Great Britainwill, ere long, put an end to this unnatural contest. There may bepeople to whose tempers and dispositions contention is pleasing, andwho, therefore, wish a continuance of confusion; but to me it is of allstates but one, the most horrid: My first wish is a restoration of ourjust rights; my second, a return of the happy period, when, consistentlywith duty, I may withdraw myself totally from the public stage, and passthe rest of my days in domestic ease and tranquillity, banishing everydesire of ever hearing what passes in the world. Perhaps, (for thelatter adds considerably to the warmth of the former wish, ) lookingwith fondness towards a reconciliation with Great Britain, I cannot helphoping you may be able to contribute towards expediting this good work. I think it must be evident to yourself, that the Ministry have beendeceived by their officers on this side of the water, who (for whatpurpose, I cannot tell) have constantly represented the Americanopposition as that of a small faction, in which the body of the peopletook little part. This, you can inform them, of your own knowledge, isuntrue. They have taken it into their heads, too, that we are cowards, and shall surrender at discretion to an armed force. The past and futureoperations of the war must confirm or undeceive them on that head. I wish they were thoroughly and minutely acquainted with everycircumstance relative to America, as it exists in truth. I am persuaded, this would go far towards disposing them to reconciliation. Even thosein Parliament who are called friends to America, seem to know nothingof our real determinations. I observe, they pronounced in the lastParliament, that the Congress of 1774 did not mean to insist rigorouslyon the terms they held out, but kept something in reserve, to give up:and, in fact, that they would give up every thing but the article oftaxation. Now, the truth is far from this, as I can affirm, and putmy honor to the assertion. Their continuance in this error may perhapsproduce very ill consequences. The Congress stated the lowest terms theythought possible to be accepted, in order to convince the world theywere not unreasonable. They gave up the monopoly and regulation oftrade, and all acts of Parliament prior to 1764, leaving to Britishgenerosity to render these, at some future time, as easy to Americaas the interest of Britain would admit. But this was before blood wasspilt. I cannot affirm, but have reason to think, these terms would notnow be accepted. I wish no false sense of honor, no ignorance of ourreal intentions, no vain hope that partial concessions of right will beaccepted, may induce the Ministry to trifle with accommodation, tillit shall be out of their power ever to accommodate. If, indeed, GreatBritain, disjoined from her colonies, be a match for the most potentnations of Europe, with the colonies thrown into their scale, theymay go on securely. But if they are not assured of this, it would becertainly unwise, by trying the event of another campaign, to risk ouraccepting a foreign aid, which perhaps may not be obtainable but oncondition of everlasting avulsion from Great Britain. This would bethought a hard condition to those who still wish for reunion with theirparent country. I am sincerely one of those, and would rather be independence on Great Britain, properly limited, than on any nation uponearth, or than on no nation. But I am one of those, too, who, ratherthan submit to the rights of legislating for us, assumed by the BritishParliament, and which late experience has shown they will so cruellyexercise, would lend my hand to sink the whole island in the ocean. 

If undeceiving the Minister, as to matters of fact, may change hisdisposition, it will perhaps be in your power, by assisting to dothis, to render service to the whole empire at the most critical time, certainly, that it has ever seen. Whether Britain shall continue thehead of the greatest empire on earth, or shall return to her originalstation in the political scale of Europe, depends perhaps on theresolutions of the succeeding winter. God send they may be wise andsalutary for us all. I shall be glad to hear from you as often asyou may be disposed to think of things here. You may be at liberty, Iexpect; to communicate some things, consistently with your honor and theduties you will owe to a protecting nation. Such a communication amongindividuals may be mutually beneficial to the contending parties. On this or any future occasion, if I affirm to you any facts, yourknowledge of me will enable you to decide on their credibility; if Ihazard opinions on the dispositions of men or other speculative points, you can only know they are my opinions. My best wishes for your felicityattend you wherever you go; and believe me to be, assuredly, Your friend and servant, Th: Jefferson. 

LETTER III. --TO JOHN RANDOLPH, November 29, 1775

TO JOHN RANDOLPH, ESQ. . 

Philadelphia, November 29, 1775. 

Dear Sir, I am to give you the melancholy intelligence of the death of our mostworthy Speaker, which happened here on the 22nd of the last month. Hewas struck with an apoplexy, and expired within five hours. 

I have it in my power to acquaint you that the success of our arms hascorresponded with the justness of our cause. Chambly and St. Johns weretaken some weeks ago, and in them the whole regular army in Canada, except about forty or fifty men. This day certain intelligence hasreached us that our General, Montgomery, is received into Montreal: andwe expect every hour to be informed that Quebec has opened its arms toColonel Arnold, who, with eleven hundred men, was sent from Boston upthe Kennebec, and down the Chaudiere river to that place. He expectedto be there early this month. Montreal acceded to us on the 13th, andCarleton set out, with the shattered remains of his little army, forQuebec, where we hope he will be taken up by Arnold. In a short time, wehave reason to hope, the delegates of Canada will join us in Congress, and complete the American union as far as we wish to have it completed. We hear that one of the British transports has arrived at Boston; therest are beating off the coast, in very bad weather. You will haveheard, before this reaches you, that Lord Dunmore has commencedhostilities in Virginia. That people bore with every thing, till heattempted to burn the town of Hampton. They opposed and repelled him, with considerable loss on his side, and none on ours. It has raised ourcountrymen into a perfect phrenzy. It is an immense misfortune to thewhole empire to have a King of such a disposition at such a time. We aretold, and every thing proves it true, that he is the bitterest enemywe have. His Minister is able, and that satisfies me that ignorance, orwickedness, somewhere, controls him. In an earlier part of this contest, our petitions told him, that from our King there was but one appeal. The admonition was despised, and that appeal forced on us. To undo hisempire, he has but one truth more to learn; that, after colonies havedrawn the sword, there is but one step more they can take. That step isnow pressed upon us by the measures adopted, as if they were afraid wewould not take it. Believe me, dear Sir, there is not in the Britishempire a man who more cordially loves a union with Great Britain than Ido. But, by the God that made me, I will cease to exist before I yieldto a connection on such terms as the British Parliament propose; andin this, I think I speak the sentiments of America. We want neitherinducement nor power to declare and assert a separation. It is willalone which is wanting, and that is growing apace under the fosteringhand of our King. One bloody campaign will probably decide everlastinglyour future course; I am sorry to find a bloody campaign is decided on. If our winds and waters should not combine to rescue their shores fromslavery, and General Howe's reinforcement should arrive in safety, wehave hopes he will be inspirited to come out of Boston and take anotherdrubbing: and we must drub him soundly before the sceptred tyrant willknow we are not mere brutes, to crouch under his hand, and kiss the rodwith which he deigns to scourge us. 

Yours, &c. 

Th: Jefferson. 

LETTER IV. --TO BENJAMIN FRANKLIN, August 13, 1777

TO DR. BENJAMIN FRANKLIN, PARIS. 

Virginia, August 13, 1777. 

Honorable Sir, I forbear to write you news, as the time of Mr. Shore's departure beinguncertain, it might be old before you receive it, and he can, in person, possess you of all we have. With respect to the State of Virginia inparticular, the people seem to have laid aside the monarchical, andtaken up the republican government, with as much ease as would haveattended their throwing off an old and putting on a new suit of clothes. Not a single throe has attended this important transformation. Ahalf dozen aristocratical gentlemen, agonizing under the loss ofpre-eminence, have sometimes ventured their sarcasms on our politicalmetamorphosis. They have been thought fitter objects of pity than ofpunishment. We are at present in the complete and quiet exercise of wellorganized government, save only that our courts of justice do not opentill the fall. I think nothing can bring the security of our continentand its cause into danger, if we can support the credit of our paper. Todo that, I apprehend one of two steps must be taken. Either to procurefree trade by alliance with some naval power able to protect it; or, ifwe find there is no prospect of that, to shut our ports totally to allthe world, and turn our colonies into manufactories. The former would bemost eligible, because most conformable to the habits and wishes ofour people. Were the British Court to return to their senses in time toseize the little advantage which still remains within their reach fromthis quarter, I judge that, on acknowledging our absolute independenceand sovereignty, a commercial treaty beneficial to them, and perhapseven a league of mutual offence and defence, might, not seeing theexpense or consequences of such a measure, be approved by our people, ifnothing in the mean time, done on your part, should prevent it. Butthey will continue to grasp at their desperate sovereignty, till everybenefit short of that is for ever out of their reach. I wish my domesticsituation had rendered it possible for me to join you in the veryhonorable charge confided to you. Residence in a polite Court, societyof literati of the first order, a just cause and an approving God, willadd length to a life for which all men pray, and none more than

Your most obedient

and humble servant, Th: Jefferson. 

LETTER V. --TO PATRICK HENRY, March 27, 1779

TO HIS EXCELLENCY PATRICK HENRY. 

Albemarle, March 27, 1779. 

Sir, A report prevailing here, that in consequence of some powers fromCongress, the Governor and Council have it in contemplation toremove the Convention troops, [The troops under Burgoyne, captured atSaratoga. ] either wholly or in part, from their present situation, I take the liberty of troubling you with some observations on thatsubject. The reputation and interest of our country, in general, maybe affected by such a measure; it would, therefore, hardly be deemed anindecent liberty, in the most private citizen, to offer his thoughtsto the consideration of the Executive. The locality of my situation, particularly, in the neighborhood of the present barracks, and thepublic relation in which I stand to the people among whom they aresituated, together with a confidence, which a personal knowledge of themembers of the Executive gives me, that they Will be glad of informationfrom any quarter, on a subject interesting to the public, induce meto hope that they will acquit me of impropriety in the presentrepresentation. 

By an article in the Convention of Saratoga, it is stipulated, on thepart of the United States, that the officers shall not be separatedfrom their men. I suppose the term officers, includes general as well asregimental officers. As there are general officers who command all thetroops, no part of them can be separated from these officers without aviolation of the article: they cannot, of course, be separated from oneanother, unless the same general officer could be in different placesat the same time. It is true, the article adds the words, 'as far ascircumstances will admit. ' This was a necessary qualification; because, in no place in America, I suppose, could there have been found quartersfor both officers and men together; those for the officers to beaccording to their rank. So far, then, as the circumstances of the placewhere they should be quartered, should render a separation necessary, inorder to procure quarters for the officers, according to their rank, thearticle admits that separation. And these are the circumstances whichmust have been under the contemplation of the parties; both of whom, andall the world beside (who are ultimate judges in the case), would stillunderstand that they were to be as near in the environs of the camp, asconvenient quarters could be procured; and not that the qualificationof the article destroyed the article itself and laid it wholly at ourdiscretion. Congress, indeed, have admitted of this separation; butare they so far lords of right and wrong as that our consciences maybe quiet with their dispensation? Or is the case amended by saying theyleave it optional in the Governor and Council to separate the troopsor not? At the same time that it exculpates not them, it is drawing theGovernor and Council into a participation in the breach of faith. Ifindeed it is only proposed, that a separation of the troops shall bereferred to the consent of their officers; that is a very differentmatter. Having carefully avoided conversation with them on publicsubjects, I cannot say, of my own knowledge, how they would relishsuch a proposition. I have heard from others, that they will choose toundergo any thing together, rather than to be separated, and that theywill remonstrate against it in the strongest terms. The Executive, therefore, if voluntary agents in this measure, must be drawn into apaper war with them, the more disagreeable, as it seems that faith andreason will be on the other side. As an American, I cannot help feelinga thorough mortification, that our Congress should have permitted aninfraction of our public honor; as a citizen of Virginia, I cannot helphoping and confiding, that our supreme Executive, whose acts will beconsidered as the acts of the Commonwealth, estimate that honor toohighly to make its infraction their own act. I may be permitted to hope, then, that if any removal takes place, it will be a general one: and, asit is said to be left to the Governor and Council to determine onthis, I am satisfied, that, suppressing every other consideration, andweighing the matter dispassionately, they will determine upon this solequestion, Is it for the benefit of those for whom they act, that, theConvention troops should be removed from among them? Under the head ofinterest, these circumstances, viz. The expense of building barracks, said to have been £25, 000, and of removing the troops backwards andforwards, amounting to I know not how much, are not to be pre-termitted, merely because they are Continental expenses; for we are a part of theContinent; we must pay a shilling of every dollar wasted. But the sumsof money, which, by these troops, or on their account, are brought into, and expended in this State, are a great and local advantage. This canrequire no proof. If, at the conclusion of the war, for instance, ourshare of the Continental debt should be twenty millions of dollars, orsay that we are called on to furnish an annual quota of two millionsfour hundred thousand dollars, to Congress, to be raised by tax, it isobvious that we should raise these given sums with greater or lessease, in proportion to the greater or less quantity of money found incirculation among us. I expect that our circulating money is, by thepresence of these troops, at the rate of $30, 000 a week, at the least. Ihave heard, indeed, that an objection arises to their being kept withinthis state, from the information of the commissary that they cannotbe subsisted here. In attending to the information of that officer, it should be borne in mind that the county of King William and itsvicinities are one thing, the territory of Virginia another. If thetroops could be fed upon long letters, I believe the gentleman at thehead of that department in this country would be the best commissaryupon earth. But till I see him determined to act, not to write; tosacrifice his domestic ease to the duties of his appointment, and applyto the resources of this country, wheresoever they are to be had, I mustentertain a different opinion of him. I am mistaken, if, for the animalsub-sistence of the troops hitherto, we are not principally indebted tothe genius and exertions of Hawkins, during the very short time helived after his appointment to that department, by your board. Hiseye immediately pervaded the whole state; it was reduced at once toa regular machine, to a system, and the whole put into movement andanimation by the _fiat_ of a comprehensive mind. If the Commonwealthof Virginia cannot furnish these troops with bread, I would ask of thecommissariat, which of the thirteen is now become the grain colony? Ifwe are in danger of famine from the addition of four thousand mouths, what is become of that surplus of bread, the exportation of which usedto feed the West Indies and Eastern States, and fill the colony withhard money? When I urge the sufficiency of this State, however, tosubsist these troops, I beg to be understood, as having in contemplationthe quantity of provisions necessary for their real use, and not ascalculating what is to be lost by the wanton waste, mismanagement, andcarelessness of those employed about it. If magazines of beef andpork are suffered to rot by slovenly butchering, or for want oftimely provision and sale; if quantities of flour are exposed by thecommissaries entrusted with the keeping it, to pillage and destruction;and if, when laid up in the Continental stores, it is still to beembezzled and sold, the land of Egypt itself would be insufficientfor their supply, and their removal would be necessary, not to a moreplentiful country, but to more able and honest commissaries. Perhaps, the magnitude of this question, and its relation to the whole state, may render it worth while to await, the opinion of the National Council, which is now to meet within a few weeks. There is no danger ofdistress in the mean time, as the commissaries affirm they have a greatsufficiency of provisions for some time to come. Should the measure ofremoving them into another State be adopted, and carried into execution, before the meeting of Assembly, no disapprobation of theirs will bringthem back, because they will then be in the power of others, who willhardly give them up. 

Want of information as to what may be the precise measure proposed bythe Governor and Council, obliges me to shift my ground, and take up thesubject in every possible form. Perhaps they have not thought to removethe troops out of this State altogether, but to some other part ofit. Here, the objections arising from the expenses of removal, and ofbuilding new barracks, recur. As to animal food, it may be driven toone part of the country as easily as to another: that circumstance, therefore, may be thrown out of the question. As to bread, I supposethey will require about forty or forty-five thousand bushels of graina year. The place to which it is to be brought to them, is about thecentre of the State. Besides that the country round about is fertile, all the grain made in the counties adjacent to any kind of navigation, may be brought by water to within twelve miles of the spot. For thesetwelve miles, wagons must be employed; I suppose half a dozen will be aplenty. Perhaps this part of the expense might have been saved, had thebarracks been built on the water; but it is not sufficient to justifytheir being abandoned now they are built. Wagonage, indeed, seems tothe commissariat, an article not worth economizing. The most wanton andstudied circuity of transportation has been practised: to mentiononly one act, they have bought quantities of flour for these troopsin Cumberland, have ordered it to be wagoned down to Manchester, andwagoned thence up to the barracks. This fact happened to fall within myown knowledge. I doubt not there are many more such, in order either toproduce their total removal, or to run up the expenses of the presentsituation, and satisfy Congress that the nearer they are brought to thecommissary's own bed, the cheaper they will be subsisted. The grain madein the Western counties may be brought partly in wagons, as convenientlyto this as to any other place; perhaps more so, on account of itsvicinity to one of the best passes through the Blue Ridge; and partlyby water, as it is near to James river, to the navigation of which, tencounties are adjacent above the falls. When I said that the grainmight be brought hither from all the counties of the State, adjacent tonavigation, I did not mean to say it would be proper to bring it fromall. On the contrary, I think the commissary should be instructed, afterthe next harvest, not to send one bushel of grain to the barracksfrom below the falls of the rivers, or from the northern counties. Thecounties on tide water are accessible to the calls for our own army. Their supplies ought, therefore, to be husbanded for them. The countiesin the northwestern parts of the State are not only within reach for ourown grand army, but peculiarly necessary for the support of Macintosh'sarmy; or for the support of any other northwestern expedition, which theuncertain conduct of the Indians should render necessary; insomuchthat if the supplies of that quarter should be misapplied to anyother purpose, it would destroy in embryo every exertion, either forparticular or general safety there. The counties above tide water, in the middle and southern and western parts of the country, are notaccessible to calls for either of those purposes, but at such an expenseof transportation as the article would not bear. Here, then, is agreat field, whose supplies of bread cannot be carried to our army, or, rather, which will raise no supplies of bread, because there is no bodyto eat them. Was it not, then, wise in Congress to remove to that fieldfour thousand idle mouths, who must otherwise have interfered with thepasture of our own troops? And, if they are removed to any other partof the country, will it not defeat this wise purpose? The mills on thewaters of James river, above the falls, open to canoe navigation, are very many. Some of them are of great note, as manufacturers. Thebarracks are surrounded by mills. There are five or six round aboutCharlottesville. Any two or three of the whole might, in the course ofthe winter, manufacture flour sufficient for the year. To say the worst, then, of this situation, it is but twelve miles wrong. The safe custodyof these troops is another circumstance worthy consideration. Equallyremoved from the access of an eastern or western enemy; central to thewhole State, so that, should they attempt an irruption in any direction, they must pass through a great extent of hostile country; in aneighborhood thickly inhabited by a robust and hardy people, zealous inthe American cause, acquainted with the use of arms, and the defiles andpasses by which they must issue: it would seem, that in this point ofview, no place could have been better chosen. 

Their health is also of importance. I would not endeavor to show thattheir lives are valuable to us, because it would suppose a possibility, that humanity was kicked out of doors in America, and interest onlyattended to. The barracks occupy the top and brow of a very high hill, (you have been untruly told they were in a bottom. ) They are free fromfog, have four springs which seem to be plentiful, one within twentyyards of the piquet, two within fifty yards, and another within twohundred and fifty, and they propose to sink wells within the piquet. Offour thousand people, it should be expected, according to the ordinarycalculations, that one should die every day. Yet, in the space of nearthree months, there have been but four deaths among them; two infantsunder three weeks old, and two others by apoplexy. The officers tell me, the troops were never before so healthy since they were embodied. 

But is an enemy so execrable, that, though in captivity, his wishes andcomforts are to be disregarded and even crossed? I think not. It isfor the benefit of mankind to mitigate the horrors of war as muchas possible. The practice, therefore, of modern nations, of treatingcaptive enemies with politeness and generosity, is not only delightfulin contemplation, but really interesting to all the world, friends, foes, and neutrals. Let us apply this: the officers, after considerablehardships, have all procured quarters comfortable and satisfactory tothem. In order to do this, they were obliged, in many instances, tohire houses for a year certain, and at such exorbitant rents, as weresufficient to tempt independent owners to go out of them, and shift asthey could. These houses, in most cases, were much out of repair. They have repaired them at a considerable expense. One of the generalofficers has taken a place for two years, advanced the rent for thewhole time, and been obliged, moreover, to erect additional buildingsfor the accommodation of part of his family, for which there wasnot room in the house rented. Independent of the brick work, for thecarpentry of these additional buildings, I know he is to pay fifteenhundred dollars. The same gentleman, to my knowledge, has-paid to oneperson, three thousand six hundred, and seventy dollars, for differentarticles to fix himself commodiously. They have generally laid in theirstocks of grain and other provisions, for it is well known that officersdo not live on their rations. They have purchased cows, sheep, &c, setin to farming, prepared their gardens, and have a prospect of comfortand quiet before them. To turn to the soldiers: the environs of thebarracks are delightful, the ground cleared, laid off in hundreds ofgardens, each enclosed in its separate paling; these well prepared, andexhibiting, a fine appearance. General Riedesel, alone, laid out upwardsof two hundred pounds in garden seeds, for the German troops only. Judgewhat an extent of ground these seeds would cover. There is little doubtthat their own gardens will furnish them a great abundance of vegetablesthrough the year. Their poultry, pigeons, and other preparations of thatkind, present to the mind the idea of a company of farmers, rather thana camp of soldiers. In addition to the barracks built for them by thepublic, and now very comfortable, they have built great numbers forthemselves, in such messes as fancied each other: and the wholecorps, both officers and men, seem now, happy and satisfied with theirsituation. Having thus found the art of rendering captivity itselfcomfortable, and carried it into execution, at their own great expenseand labor, their spirit sustained by the prospect of gratificationsrising before their eyes, does not every sentiment of humanity revoltagainst the proposition of stripping them of all this, and removingthem into new situations, where from the advanced season of the year, nopreparations can be made for carrying themselves comfortably through theheats of summer; and when it is known that the necessary advances forthe conveniences already provided, have exhausted their funds and leftthem unable to make the like exertions anew. Again; review thismatter as it may regard appearances. A body of troops, after stayinga twelvemonth at Boston, are ordered to take a march of seven hundredmiles to Virginia, where, it is said, they may be plentifully subsisted. As soon as they are there, they are ordered on some other march, because, in Virginia, it is said, they cannot be subsisted. Indifferentnations will charge this either to ignorance, or to whim and caprice;the parties interested, to cruelty. They now view the proposition inthat light, and it is said, there is a general and firm persuasion amongthem, that they were marched from Boston with no other purpose than toharass and destroy them with eternal marches. Perseverance in object, though not by the most direct way, is often more laudable than perpetualchanges, as often as the object shifts light. A character of steadinessin our councils is worth more than the subsistence of four thousandpeople. 

There could not have been a more unlucky concurrence of circumstancesthan when these troops first came. The barracks were unfinished for wantof laborers, the spell of weather the worst ever known within the memoryof man, no stores of bread laid in, the roads, by the weather and numberof wagons, soon rendered impassable: not only the troops themselves weregreatly disappointed, but the people in the neighborhood were alarmed atthe consequences which a total failure of provisions might produce. In this worst state of things, their situation was seen by manyand disseminated through the country, so as to occasion a generaldissatisfaction, which even seized the minds of reasonable men, who, ifnot infected with the contagion, must have foreseen that the prospectmust brighten, and that great advantages to the people must necessarilyarise. It has, accordingly, so happened. The planters, being moregenerally sellers than buyers, have felt the benefit of their presencein the most vital part about them, their purses, and are now sensibleof its source. I have too good an opinion of their love of order, tobelieve that a removal of these troops would produce any irregularproofs of their disapprobation, but I am well assured it would beextremely odious to them. 

To conclude. The separation of these troops would be a breach of publicfaith; therefore suppose it impossible. If they are removed to anotherState, it is the fault of the commissaries; if they are removed to anyother part of the State, it is the fault of the commissaries; andin both cases, the public interest and public security suffer, thecomfortable and plentiful subsistence of our own army is lessened, thehealth of the troops neglected, their wishes crossed, and their comfortstorn from them, the character of whim and caprice, or, what is worse, of cruelty, fixed on us as a nation, and, to crown the whole, our ownpeople disgusted with such a proceeding. 

I have thus taken the liberty of representing to you the facts and thereasons, which seem to militate against the separation or removal ofthese troops. I am sensible, however, that the same subject may appearto different persons in very different lights. What I have urged asreasons, may, to sounder minds, be apparent fallacies. I hope they willappear, at least, so plausible, as to excuse the interposition of

your Excellency's

most obedient

and most humble servant, Th: Jefferson. 

LETTER VI. --TO JOHN PAGE, January 22, 1779

TO JOHN PAGE. 

Williamsburg, January 22, 1779. 

Dear Page, I received your letter by Mr. Jamieson. It had given me much pain, thatthe zeal of our respective friends should ever have placed you and mein the situation of competitors. I was comforted, however, with thereflection, that it was their competition, not ours, and thatthe difference of the numbers which decided between us, was tooinsignificant to give you a pain, or me a pleasure, had our dispositionstowards each other been such as to admit those sensations. I know youtoo well to need an apology for any thing you do, and hope you will forever be assured of this; and as to the constructions of the world, theywould only have added one to the many sins for which they are to go tothe devil. As this is the first, I hope it will be the last, instanceof ceremony between us. A desire to see my family, which is in CharlesCity, carries me thither to-morrow, and I shall not return till Monday. Be pleased to present my compliments to Mrs. Page, and add this to theassurances I have ever given you, that I am, dear Page, your affectionate friend, Th: Jefferson. 

LETTER VII. --TO GENERAL WASHINGTON, June 23, 1779

TO HIS EXCELLENCY GENERAL WASHINGTON. 

Williamsburg, June 23, 1779. 

Sir, I have the pleasure to enclose you the particulars of Colonel Clarke'ssuccess against St. Vincennes, as stated in his letter but latelyreceived; the messenger, with his first letter, having been killed. Ifear it will be impossible for Colonel Clarke to be so strengthened, as to enable him to do what he desires. Indeed, the express who broughtthis letter, gives us reason to fear, St. Vincennes is in danger froma large body of Indians, collected to attack it, and said, when hecame from Kaskaskias, to be within thirty leagues of the place. I alsoenclose you a letter from Colonel Shelby, stating the effect of hissuccess against the seceding Cherokees and Chuccamogga. The damage donethem, was killing half a dozen, burning eleven towns, twenty thousandbushels of corn, collected probably to forward the expeditions whichwere to have been planned at the council which was to meet GovernorHamilton at the mouth of Tennessee, and taking as many goods as sold fortwenty-five thousand pounds. I hope these two blows coming together, and the depriving them of their head, will, in some measure, effect thequiet of our frontiers this summer. We have intelligence, also, thatColonel Bowman, from Kentucky, is in the midst of the Shawnee country, with three hundred men, and hope to hear a good account of him. Theenclosed order being in its nature important, and generally interesting, I think it proper to transmit it to you, with the reasons supportingit. * It will add much to our satisfaction, to know it meets yourapprobation. 

I have the honor to be, with every sentiment of private respect andpublic gratitude, Sir, your most obedient

and most humble servant, Th: Jefferson. 

P. S. The distance of our northern and western counties from the sceneof southern service, and the necessity of strengthening our westernquarter, have induced the Council to direct the new levies from thecounties of Yohogania, Ohio, Monongalia, Frederick, Hampshire, Berkeley, Rockingham, and Greenbrier, amounting to somewhat less than threehundred men, to enter into the ninth regiment at Pittsburg. The aid theymay give there, will be so immediate and important, and what they coulddo to the southward, would be so late, as, I hope, will apologize fortheir interference. T. J. 

 * For the letter of Colonel Clarke, and the order referred to, see Appendix A. 

LETTER VIII. --TO GENERAL WASHINGTON, July 17, 1779

TO HIS EXCELLENCY GENERAL WASHINGTON

Williamsburg, July 17, 1779. 

Sir, I some time ago enclosed to you a printed copy of an order of Council, by which Governor Hamilton was to be confined in irons, in close jail, which has occasioned a letter from General Phillips, of which theenclosed is a copy. The General seems to think that a prisoner oncapitulation cannot be put in close confinement, though his capitulationshould not have provided against it. My idea was, that all persons takenin war, were to be deemed prisoners of war. That those who surrender oncapitulation (or convention) are prisoners of war also, subject to thesame treatment with those who surrender at discretion, except only sofar as the terms of their capitulation or convention shall have guardedthem. In the capitulation of Governor Hamilton (a copy of which Ienclose), no stipulation is made as to the treatment of himself, orthose taken with him. The Governor, indeed, when he signs, adds aflourish of reasons inducing him to capitulate, one of which is thegenerosity of his enemy. Generosity, on a large and comprehensive scale, seems to dictate the making a signal example of this gentleman;but waving that, these are only the private motives inducing him tosurrender, and do not enter into the contract of Colonel Clarke. I havethe highest idea of those contracts which take place between nationand nation, at war, and would be the last on earth to do any thing inviolation of them. I can find nothing in those books usually recurredto as testimonials of the laws and usages of nature and nations, whichconvicts the opinions I have above expressed of error. Yet there maybe such an usage as General Phillips seems to suppose, though not takennotice of by these writers. I am obliged to trouble your Excellency onthis occasion, by asking of you information on this point. There is noother person, whose decision will so authoritatively decide this doubtin the public mind, and none with which I am disposed so implicitlyto comply. If you shall be of opinion that the bare existence of acapitulation, in the case of Governor Hamilton, privileges himfrom confinement, though there be no article to that effect in thecapitulation, justice shall most assuredly be done him. The importanceof this point, in a public view, and my own anxiety under a charge ofviolation of national faith by the Executive of this Commonwealth, will, I hope, apologize for my adding this to the many troubles with which Iknow you to be burdened. I have the honor to be, with the most profoundrespect, your Excellency's most obedient

and most humble servant, Th: Jefferson. 

P. S. I have just received a letter from Colonel Bland, containinginformation of numerous desertions from the Convention troops, not lessthan four hundred in the last fortnight. He thinks he has reason tobelieve it is with the connivance of some of their officers. Someof these have been retaken, all of them going northwardly. They hadprovided themselves with forged passports, and with certificates ofhaving taken the oath of fidelity to the State; some of them forged, others really given by weak magistrates. I give this information toyour Excellency, as perhaps it may be in your power to have such of themintercepted as shall be passing through Pennsylvania and Jersey. 

Your letter enclosing the opinion of the board of war in the case ofAllison and Lee, has come safe to hand, after a long passage. It shallbe answered by next post. T. J. 

LETTER IX. --TO GENERAL WASHINGTON, October 1, 1779

TO HIS EXCELLENCY GENERAL WASHINGTON. 

Williamsburg, October 1, 1779. 

Sir, On receipt of your letter of August 6th, during my absence, the Councilhad the irons taken off the prisoners of war. When your advice wasasked, we meant it should decide with us; and upon my return toWilliamsburg, the matter was taken up and the enclosed advice given. [See Appendix, note B. ] A parole was formed, of which the enclosed isa copy, and tendered to the prisoners. They objected to that part of itwhich restrained them from _saying_ any thing to the prejudice ofthe United States, and insisted on 'freedom of speech. ' They were, inconsequence, remanded to their confinement in the jail, which must beconsidered as a voluntary one, until they can determine with themselvesto be inoffensive in word as well as deed. A flag sails hence to-morrowto New York, to negotiate the exchange of some prisoners. By her I havewritten to General Phillips on this subject, and enclosed to him copiesof the within; intending it as an answer to a letter I received from himon the subject of Governor Hamilton. 

I have the honor to be, Sir, your most obedient

and most humble servant, Th: Jefferson. 

LETTER X. --TO GENERAL WASHINGTON, October 2, 1779

TO HIS EXCELLENCY GENERAL WASHINGTON. 

Williamsburg, October 2, 1779. 

Sir, Just as the letter accompanying this was going off, Colonel Mathewsarrived on parole from New York, by the way of headquarters, bringingyour Excellency's letter on this subject, with that of the Britishcommissary of prisoners. The subject is of great importance, and I must, therefore, reserve myself to answer after further consideration. WereI to speak from present impressions, I should say it was happy forGovernor Hamilton that a final determination of his fate was formedbefore this new information. As the enemy have released Captain Willingfrom his irons, the Executive of this State will be induced perhaps notto alter their former opinion. But it is impossible they can be seriousin attempting to bully us in this manner. We have too many of theirsubjects in our power, and too much iron to clothe them with, and, Iwill add, too much resolution to avail ourselves of both, to fear theirpretended retaliation. However, I will do myself the honor of forwardingto your Excellency the ultimate result of Council on this subject. 

In consequence of the information in the letter from the Britishcommissary of prisoners, that no officers of the Virginia line shouldbe exchanged till Governor Hamilton's affair should be settled, we havestopped our flag, which was just hoisting anchor with a load of privatesfor New York. I must, therefore, ask the favor of your Excellency toforward the enclosed by flag, when an opportunity offers, as I supposeGeneral Phillips will be in New York before it reaches you. 

I have the honor to be, Sir, with the greatest esteem, your most obedient

and most humble servant, Th: Jefferson. 

LETTER XI. --TO GENERAL WASHINGTON, Oct. 8, 1779

TO HIS EXCELLENCY GENERAL WASHINGTON. 

In Council, Oct. 8, 1779. 

Sir, In mine of the second of the present month, written in the instant ofColonel Mathews' delivery of your letter, I informed you what had beendone on the subject of Governor Hamilton and his companions previous tothat moment. I now enclose you an advice of Council, [See Appendix, noteC. ] in consequence of the letter you were pleased to enclose me, fromthe British commissary of prisoners, with one from Lord Rawdon; alsoa copy of my letter to Colonel Mathews, enclosing, also, the paperstherein named. The advice of Council to allow the enlargement ofprisoners, on their giving a proper parole, has not been recalled, norwill be, I suppose, unless something on the part of the enemy shouldrender it necessary. I rather expect, however, that they will see ittheir interest to discontinue this kind of conduct. I am afraid I shallhereafter, perhaps be obliged to give your Excellency some trouble inaiding me to obtain information of the future usage of our prisoners. Ishall give immediate orders for having in readiness every engine whichthe enemy have contrived for the destruction of our unhappy citizens, captivated by them. The presentiment of these operations is shockingbeyond expression. I pray Heaven to avert them: but nothing in thisworld will do it, but a proper conduct in the enemy. In every event, Ishall resign myself to the hard necessity under which I shall act. 

I have the honor to be, with great regard and esteem, your Excellency's

most obedient and

most humble servant, Th: Jefferson. 

LETTER XII. --TO COLONEL MATHEWS, October, 1779

TO COLONEL MATHEWS. 

In Council, October, 1779. 

Sir, The proceedings respecting Governor Hamilton and his companions, previous to your arrival here, you are acquainted with. For your moreprecise information, I enclose you the advice of Council, of June the16th, of that of August the 28th, another of September the 19th, on theparole tendered them the 1st instant, and Governor Hamilton's letter ofthe same day, stating his objections, in which he persevered: from thattime his confinement has become a voluntary one. You delivered usyour letters the next day, when, the post being just setting out, muchbusiness prevented the Council from taking them into consideration. Theyhave this day attended to them, and found their resolution expressed inthe enclosed advice bearing date this day. It gives us great painthat any of our countrymen should be cut off from the society of theirfriends and tenderest connections, while it seems as if it was inour power, to administer relief. But we trust to their good sense fordiscerning, and their spirit for bearing up against the fallacy of thisappearance. Governor Hamilton and his companions were imprisoned andironed, 1st. In retaliation for cruel treatment of our captive citizensby the enemy in general. 2nd. For the barbarous species of warfare whichhimself and his savage allies carried on in our western frontier. 3d. For particular acts of barbarity, of which he himself was personallyguilty, to some of our citizens in his power. Any one of these chargeswas sufficient to justify the measures we took. Of the truth of thefirst, yourselves are witnesses. Your situation, indeed, seems to havebeen better since you were sent to New York; but reflect on what yousuffered before that, and knew others of our countrymen to suffer, andwhat you know is now suffered by that more unhappy part of them, whoare still confined on board the prison-ships of the enemy. Proofs of thesecond charge, we have under Hamilton's own hand: and of the third, as sacred assurances as human testimony is capable of giving. Humaneconduct on our part, was found to produce no effect; the contrary, therefore, was to be tried. If it produces a proper lenity to ourcitizens in captivity, it will have the effect we meant; if it does not, we shall return a severity as terrible as universal. If the causes ofour rigor against Hamilton were founded in truth, that rigor was just, and would not give right to the enemy to commence any new hostilitieson their part: and all such new severities are to be considered, not asretaliation, but as original and unprovoked. If those causes were, not founded in truth, they should have denied them. If, declining thetribunal of truth and reason, they choose to pervert this into a contestof cruelty and destruction, we will contend with them in that line, andmeasure out misery to those in our power, in that multiplied proportionwhich the advantage of superior numbers enables us to do. We shall thinkit our particular duty, after the information we gather from the paperswhich have been laid before us, to pay very constant attention to yoursituation, and that of your fellow prisoners. We hope that the prudenceof the enemy will be your protection from injury; and we are assuredthat your regard for the honor of your country would not permit youto wish we should suffer ourselves to be bullied into an acquiescence, under every insult and cruelty they may choose to practise, and afear to retaliate, lest you should be made to experience additionalsufferings. Their officers and soldiers in our hands are pledgesfor your safety: we are determined to use them as such. Iron will beretaliated by iron, but a great multiplication on distinguished objects;prison-ships by prison-ships, and like for like in general. I donot mean by this to cover any officer who has acted, or shall act, improperly. They say Captain Willing was guilty of great cruelties atthe Natchez; if so, they do right in punishing him. I would use anypowers I have, for the punishment of any officer of our own, who shouldbe guilty of excesses unjustifiable under the usages of civilizednations. However, I do not find myself obliged to believe the chargeagainst Captain Willing to be true, on the affirmation of the Britishcommissary, because, in the next breath, he affirms no cruelties have asyet been inflicted on him. Captain Willing has been in irons. 

I beg you to be assured, there is nothing consistent with the honor ofyour country, which we shall not, at all times, be ready to do for therelief of yourself and companions in captivity. We know, that ardentspirit and hatred for tyranny, which brought you into your presentsituation, will enable you to bear up against it with the firmness, which has distinguished you as a soldier, and to look forward withpleasure to the day, when events shall take place, against whichthe wounded spirits of your enemies will find no comfort, even fromreflections on the most refined of the cruelties with which they haveglutted themselves. 

I am, with great respect, your most obedient

and most humble servant, Th: Jefferson. 

LETTER XIII. --TO GENERAL WASHINGTON, November 28, 1779

TO HIS EXCELLENCY GENERAL WASHINGTON. 

Willlamsburg, November 28, 1779. 

Sir, Your Excellency's letter on the discriminations which have beenheretofore made, between the troops raised within this state, andconsidered as part of our quota, and those not so considered, wasdelivered me four days ago. I immediately laid it before the Assembly, who thereupon came to the resolution I now do myself the honor ofenclosing you. The resolution of Congress, of March 15th, 1779, whichyou were so kind as to enclose, was never known in this state till a fewweeks ago, when we received printed copies of the Journals of Congress. It would be a great satisfaction to us, to receive an exact returnof all the men we have in Continental service, who come within thedescription of the resolution, together with our state troops inContinental service. Colonel Cabell was so kind as to send me a returnof the Continental regiments, commanded by Lord Sterling, of the firstand second Virginia State regiments, and of Colonel Gist's regiment. Besides these are the following, viz. Colonel Harrison's regimentof artillery, Colonel Bayler's horse, Colonel Eland's horse, GeneralScott's new levies, part of which are gone to Carolina, and part arehere, Colonel Gibson's regiment stationed on the Ohio, Heath and Ohara'sindependent companies at the same stations. Colonel Taylor's regiment ofguards to the Convention troops: of these, we have a return. There may, possibly, be others not occurring to me. A return of all these wouldenable us to see what proportion of the Continental army is contributedby us. We have, at present, very pressing calls to send additionalnumbers of men to the southward. No inclination is wanting in either theLegislature or Executive, to aid them or strengthen you: but we find itvery difficult to procure men. I herewith transmit to your Excellencysome recruiting commissions, to be put into such hands as you may thinkproper, for re-enlisting such of our soldiery as are not alreadyengaged for the war. The Act of Assembly authorizing these instructions, requires that the men enlisted should be reviewed and received by anofficer to be appointed for that purpose; a caution, less necessaryin the case of men now actually in Service, therefore, doubtlessable-bodied, than in the raising new recruits. The direction, however, goes to all cases, and, therefore, we must trouble your Excellency withthe appointment of one or more officers of review. Mr. Moss, our agent, receives orders, which accompany this, to pay the bounty money andrecruiting money, and to deliver the clothing. We have, however, certainreason to fear he has not any great sum of money on hand; and it isabsolutely out of our power, at this time, to supply him, or to say, with certainty, when we shall be able to do it. He is instructed to notehis acceptances under the draughts, and to assure payment as soon as weshall have it in our power to furnish him, as the only substitute formoney. Your Excellency's directions to the officer of review, willprobably procure us the satisfaction of being informed, from time totime, how many men shall be re-enlisted. 

By Colonel Mathews I informed your Excellency fully of the situationof Governor Hamilton and his companions. Lamothe and Dejean have giventheir paroles, and are at Hanover Court-House: Hamilton, Hay, andothers, are still obstinate; therefore, still in close confinement, though their irons have never been on, since your second letter on thesubject. I wrote full information of this matter to General Phillipsalso, from whom I had received letters on the subject. I cannot, inreason, believe that the enemy, on receiving this information eitherfrom yourself or General Phillips, will venture to impose any newcruelties on our officers in captivity with them. Yet their conduct, hitherto, has been most successfully prognosticated by reversing theconclusions of right reason. It is, therefore, my duty, as well asit was my promise to the Virginia captives, to take measures fordiscovering any change which may be made in their situation. For thispurpose, I must apply for your Excellency's interposition. I doubt notbut you have an established mode of knowing, at all times, through yourcommissary of prisoners, the precise state of those in the power of theenemy. I must, therefore, pray you to put into motion any such means youhave, for obtaining knowledge of the situation of Virginia officers incaptivity. If you should think proper, as I could wish, to take uponyourself to retaliate any new sufferings which may be imposed on them, it will be more likely to have-due weight, and to restore the unhappy onboth sides, to that benevolent treatment for which all should wish. 

I have the honor to be, &c. &c. 

Th: Jefferson. 

LETTER XIV. --TO GENERAL WASHINGTON, December 10, 1779

TO HIS EXCELLENCY GENERAL WASHINGTON. 

Williamsburg, December 10, 1779. 

Sir, I take the liberty of putting under cover to your Excellency someletters to Generals Phillips and Reidesel, uninformed whether they aregone into New York or not, and knowing that you can best forward them ineither case. 

I also trouble you with a letter from the master of the flag in thisState, to the British commissary of prisoners in New York, trusting itwill thus be more certainly conveyed than if sent to Mr. Adams. It ismy wish the British commissary should return his answer through yourExcellency, or your commissary of prisoners, and that they should notpropose, under this pretext, to send another flag, as the mission of thepresent flag is not unattended with circumstances of suspicion; and acertain information of the situation of ourselves and our allies here, might influence the measures of the enemy. 

Perhaps your commissary of prisoners can effect the former method ofanswer. 

I enclose to you part of an Act of Assembly ascertaining the quantity ofland, which shall be allowed to the officers and soldiers at the closeof the war, and providing means of keeping that country vacant which hasbeen allotted for them. 

I am advised to ask your Excellency's attention to the case of ColonelBland, late commander of the barracks in Albemarle. When that gentlemanwas appointed to that command, he attended the Executive here andinformed them he must either decline it, or be supported in such away as would keep up that respect which was essential to his command;without, at the same time, ruining his private fortune. 

The Executive were sensible he would be exposed to great and unavoidableexpense: they observed, his command would be in a department separatefrom any other, and that he actually relieved a Major General fromthe same service. They did not think themselves authorized to say whatshould be done in this case, but undertook to represent the matter toCongress, and, in the mean time, gave it as their opinion that he oughtto be allowed a decent table. On this, he undertook the office, andin the course of it incurred expenses which seemed to have beenunavoidable, unless he would have lived in such a way as is hardlyreconcileable to the spirit of an officer, or the reputation of thosein whose service he is. Governor Henry wrote on the subject to Congress;Colonel Bland did the same; but we learn they have concluded theallowance to be unprecedented, and inadmissible in the case of anofficer of his rank. The commissaries, on this, have called on ColonelBland for reimbursement. A sale of his estate was about to take place, when we undertook to recommend to them to suspend their demand, till wecould ask the favor of you to advocate this matter so far with Congress, as you may think it right; otherwise the ruin of a very worthy officermust inevitably follow. I have the honor to be, with the greatestrespect and esteem, your Excellency's

most obedient servant, Th: Jefferson. 

LETTER XV. --TO GENERAL WASHINGTON, February 10, 1780

TO HIS EXCELLENCY GENERAL WASHINGTON. 

Williamsburg, February 10, 1780. 

Sir, It is possible you may have heard, that in the course of last summer anexpedition was meditated, by our Colonel Clarke, against Detroit: thathe had proceeded so far as to rendezvous a considerable body ofIndians, I believe four or five thousand, at St. Vincennes; but, beingdisappointed in the number of whites he expected, and not choosing torely principally on the Indians, he was obliged to decline it. We havea tolerable prospect of reinforcing him this spring, to the number whichhe thinks sufficient for the enterprise. We have informed him of this, and left him to decide between this object, and that of giving vigorouschastisement to those tribes of Indians, whose eternal hostilities haveproved them incapable of living on friendly terms with us. It is ouropinion, his inclination will lead him to determine on the former. Thereason of my laying before your Excellency this matter, is, that ithas been intimated to me that Colonel Broadhead is meditating a similarexpedition. I wished, therefore, to make you acquainted with what we hadin contemplation. The enterprising and energetic genius of Clarke is notaltogether unknown to you. You also know (what I am a stranger to) theabilities of Broadhead, and the particular force with which you will beable to arm him for such an expedition. We wish the most hopefulmeans should be used for removing so uneasy a thorn from our side. Asyourself, alone, are acquainted with all the circumstances necessary forwell informed decision, I am to ask the favor of your Excellency, if youshould think Broadhead's undertaking it most likely to produce success, that you will be so kind as to intimate to us to divert Clarke to theother object, which is also important to this State. It will, of course, have weight with you in forming your determination, that our prospect ofstrengthening Clarke's hands, sufficiently, is not absolutely certain. It may be necessary, perhaps, to inform you, that these two officerscannot act together, which excludes the hopes of ensuring success by ajoint expedition. 

I have the honor to be, with the most sincere esteem, your Excellency's most obedient

and most humble servant, Th: Jefferson. 

LETTER XVI. --TO GENERAL WASHINGTON, June 11, 1780

TO HIS EXCELLENCY GENERAL WASHINGTON. 

Richmond, June 11, 1780. 

Sir, Major Galvan, as recommended by your Excellency, was despatched tohis station without delay, and has been furnished with every thing hedesired, as far as we were able. The line of expresses formed betweenus is such, as will communicate intelligence from one to the other intwenty-three hours. I have forwarded to him information of our disastersin the South, as they have come to me. 

Our intelligence from the southward is most lamentably defective. ThoughCharleston has been in the hands of the enemy a month, we hear nothingof their movements which can be relied on. Rumors are, that they arepenetrating northward. To remedy this defect, I shall immediatelyestablish a line of expresses from hence to the neighborhood oftheir army, and send thither a sensible, judicious person, to giveus information of their movements. This intelligence will, I hope, be conveyed to us at the rate of one hundred and twenty miles in thetwenty-four hours. They set out to their stations to-morrow. I wish itwere possible, that a like speedy line of communication could be formedfrom hence to your Excellency's head-quarters. Perfect and speedyinformation of what is passing in the South, might put it in your power, perhaps, to frame your measures by theirs. There is really nothing tooppose the progress of the enemy northward, but the cautious principlesof the military art. North Carolina is without arms. We do not abound. Those we have, are freely imparted to them; but such is the state oftheir resources, that they have not been able to move a single musketfrom this State to theirs. All the wagons we can collect, have beenfurnished to the Marquis de Kalb, and are assembled for the march oftwenty-five hundred men, under General Stevens, of Culpeper, who willmove on the 19th instant. I have written to Congress to hasten suppliesof arms and military stores for the southern states, and particularly toaid us with cartridge paper and boxes, the want of which articles, smallas they are, renders our stores useless. The want of money crampsevery effort. This will be supplied by the most unpalatable of allsubstitutes, force. Your Excellency will readily conceive, that afterthe loss of one arm, our eyes are turned towards the other, and thatwe comfort ourselves, if any aids can be furnished by you, withoutdefeating the operations more beneficial to the general union, they willbe furnished. At the same time, I am happy to find that the wishes ofthe people go no further, as far as I have an opportunity of learningtheir sentiments. Could arms be furnished, I think this State and NorthCarolina would embody from ten to fifteen thousand militia immediately, and more if necessary. 

I hope, ere long, to be able to give you a more certain statement ofthe enemy's as well as our situation, which I shall not fail to do. I enclose you a letter from Major Galvan, being the second I haveforwarded to you. 

With sentiments of the most perfect esteem and respect, I have the honor to be

your Excellency's

most obedient, humble servant, Th: Jefferson. 

LETTER XVII. --TO GENERAL WASHINGTON, July 2, 1780

TO HIS EXCELLENCY GENERAL WASHINGTON. 

Richmond, July 2, 1780. 

Sir, I have received from the Committee of Congress, at headquarters, threeletters calling for aids of men and provisions. I beg leave to referyou to my letter to them, of this date, on those subjects. I thought itnecessary, however, to suggest to you the preparing an arrangement ofofficers for the men; for, though they are to supply our battalions, yet, as our whole line officers, almost, are in captivity, I supposesome temporary provision must be made. We cheerfully transfer to youevery power which the Executive might exercise on this occasion. As itis possible you may cast your eye on the unemployed officers now withinthe State, I write to General Muhlenburg, to send you a return of them. I think the men will be rendezvoused within the present month. The bill, indeed, for raising them is not actually passed, but it is in its laststage, and no opposition to any essential parts of it. I will take careto notify you of its passage. 

I have, with great pain, perceived your situation; and, the more so, asbeing situated between two fires, a division of sentiment has arisen, both in Congress and here, as to which the resources of this countryshould be sent. The removal of General Clinton to the northward, must, of course, have great influence on the determination of this question;and I have no doubt but considerable aids may be drawn hence for yourarmy, unless a larger one should be embodied in the South, than theforce of the enemy there seems to call for. I have the honor to be, withevery sentiment of respect and esteem, your Excellency's

most obedient, humble servant, Th: Jefferson. 

[See Appendix, Note D. ]

LETTER XVIII. --TO GENERAL EDWARD STEVENS, August 4, 1780

TO GENERAL EDWARD STEVENS. 

Richmond, August 4, 1780. 

Sir, Your several favors of July the 16th, 21st, and 22nd, are now before me. Our smiths are engaged in making five hundred axes and some tomahawksfor General Gates. About one hundred of these will go by the wagons nowtaking in their loads. As these are for the army in general, no doubtbut you will participate of them. A chest of medicine was made up foryou in Williamsburg, and by a strange kind of forgetfulness, the vesselordered to bring that, left it and brought the rest of the shop. It issent for again, and I am not without hopes will be here in time to goby the present wagons. They will carry some ammunition and the axes, andwill make up their load with spirits. Tents, I fear, cannot be got inthis country; we have, however, sent out powers to all the trading townshere, to take it wherever they can find it. I write to General Gates, to try whether the duck in North Carolina cannot be procured by theExecutive of that State on Continental account; for, surely, the wholearmy, as well our militia as the rest, is Continental. The arms youhave to spare may be delivered to General Gates's order, taking andfurnishing us with proper vouchers. We shall endeavor to send our draftsarmed. I cannot conceive how the arms before sent could have got intoso very bad order; they certainly went from hence in good condition. Youwish to know how far the property of this State in your hands is meantto be subject to the orders of the commander in chief. Arms and militarystores we mean to be perfectly subject to him. The provisions going fromthis country will be for the whole army. If we can get any tents, they must be appropriated to the use of our own troops. Medicine, sickstores, spirits, and such things, we expect shall be on the same footingas with the northern army. There, you know, each State furnishes its owntroops with these articles, and, of course, has an exclusive rightto what is furnished. The money put into your hands, was meant as aparticular resource for any extra wants of our own troops, yet in caseof great distress, you would probably not see the others suffer withoutcommunicating part of it for their use. We debit Congress with thiswhole sum. There can be nothing but what is right in your payingMajor Mazaret's troops out of it. I wish the plan you have adopted forsecuring a return of the arms from the militia, may answer. I apprehendany man, who has a good gun on his shoulder, would agree to keep it, andhave the worth of it deducted out of his pay, more especially whenthe receipt of the pay is at some distance. What would you think ofnotifying to them, further, that a proper certificate that they aredischarged, and have _returned their arms_, will be required beforeany pay is issued to them. A roll, kept and forwarded, of thoseso discharged, and who have delivered up their arms, would supplyaccidental losses of their certificates. We are endeavoring to getbayonet belts made. The State quarter-master affirms the cartouch boxessent from this place, (nine hundred and fifty-nine in number, ) were allin good condition. I therefore suppose the three hundred you received insuch very bad order, must have gone from the continental quarter-masterat Petersburg, or, perhaps, have been pillaged, on the road, of theirflaps, to mend shoes, &c. I must still press the return of as manywagons as possible. All you will send, shall be loaded with spirits orsomething else for the army. By their next return, we shall have a gooddeal of bacon collected. The enclosed is a copy of what was reported tome, as heretofore sent by the wagons. 

I am. Sir, with the greatest esteem, your most obedient, humble servant, Th: Jefferson. 

LETTER XIX. --TO MAJOR GENERAL GATES, August 15, 1780

TO MAJOR GENERAL GATES. 

Richmond, August 15, 1780. 

Sir, Your favor of August 3rd is just now put into my hand. Those formerlyreceived have been duly answered, and my replies will, no doubt, havereached you before this date. My last letter to you was by ColonelDrayton. 

I spoke fully with you on the difficulty of procuring wagons here, when I had the pleasure of seeing you, and for that reason pressedthe sending back as many as possible. One brigade of twelve has sincereturned, and is again on its way with medicine, military stores, and spirit. Any others which come, and as fast as they come, shall bereturned to you with spirit and bacon. I have ever been informed, that the very plentiful harvests of North Carolina would render thetransportation of flour from this State, as unnecessary as it would betedious, and that, in this point of view, the wagons should carry henceonly the articles before mentioned, which are equally wanting with you. Finding that no great number of wagons is likely to return to us, wewill immediately order as many more to be bought and sent on, as wepossibly can. But to prevent too great expectations, I must againrepeat, that I fear no great number can be got. I do assure you, however, that neither attention nor expense shall be spared, to forwardto you every support for which we can obtain means of transportation. You have, probably, received our order on Colonel Lewis to deliver youany of the beeves he may have purchased. 

Tents, I fear, it is in vain to expect, because there is not in thiscountry stuff to make them. We have agents and commissioners in constantpursuit of stuff, but hitherto researches have been fruitless. Yourorder to Colonel Carrington shall be immediately communicated. Ahundred copies of the proclamation shall also be immediately printedand forwarded to you. General Muhlenburg is come to this place, whichhe will now make his headquarters. I think he will be able to set intomotion, within a very few days, five hundred regulars, who are nowequipped for their march, except some blankets still wanting, but I hopenearly procured and ready to be delivered. 

I sincerely congratulate you on your successful advances on the enemy, and wish to do every thing to second your enterprises, which thesituation of this country, and the means and powers put into my hands, enable me to do. 

I am, Sir, with sincere respect and esteem, your most obedient

and most humble servant, Th: Jefferson. 

LETTER XX. --TO GENERAL WASHINGTON, September 8, 1780

TO HIS EXCELLENCY GENERAL WASHINGTON. 

Richmond, September 8, 1780. 

Sir, As I know the anxieties you must have felt, since the late misfortune tothe South, and our latter accounts have not been quite so unfavorableas the first, I take the liberty of enclosing you a statement of thisunlucky affair, taken from letters from General Gates, General Stevens, and Governor Nash, and, as to some circumstances, from an officer whowas in the action. * Another army is collecting; this amounted, on the23rd ultimo, to between four and five thousand men, consisting of aboutfive hundred Maryland regulars, a few of Hamilton's artillery, andPorterfield's corps, Armand's legion, such of the Virginia militia ashad been reclaimed, and about three thousand North Carolina militia, newly embodied. We are told they will increase these to eight thousand. Our new recruits will rendezvous in this State between the 10th and 25thinstant. We are calling out two thousand militia, who, I think, however, will not be got to Hillsborough till the 25th of October. About threehundred and fifty regulars marched from Chesterfield a week ago. Fiftymarch to-morrow, and there will be one hundred or one hundred and fiftymore from that post, when they can be cleared of the hospital. Thisis as good a view as I can give you of the force we are endeavoring tocollect; but they are unarmed. Almost the whole small arms seem to havebeen lost in the late rout. There are here, on their way southwardly, three thousand stand of arms, sent by Congress, and we have still afew in our magazine. I have written pressingly, as the subject welldeserves, to Congress, to send immediate supplies, and to think offorming a magazine here, that in case of another disaster, we may not beleft without all means of opposition. 

 [* The circumstances of the defeat of General Gates's army, near Camden in August, 1780, being of historical notoriety, this statement is omitted. ]

I enclosed to your Excellency, some time ago, a resolution of theAssembly, instructing us to send a quantity of tobacco to New York forthe relief of our officers there, and asking the favor of you to obtainpermission. Having received no answer, I fear my letter or your answerhas miscarried. I therefore take the liberty of repeating my applicationto you. 

I have the honor to be, with the most profound respect, your Excellency's most obedient

and most humble servant, Th: Jefferson. 

LETTER XXI. --TO GENERAL EDWARD STEVENS, September 12, 1780

TO GENERAL EDWARD STEVENS. 

Richmond, September 12, 1780. 

Sir, Your letters of August 27th and 30th are now before me. The subsequentdesertions of your militia have taken away the necessity of answeringthe question, how they shall be armed. On the contrary, as there mustnow be a surplus of arms, I am in hopes you will endeavor to reservethem, as we have not here a sufficient number by fifteen hundred or twothousand, for the men who will march hence, if they march in numbersequal to our expectations. I have sent expresses into all the countiesfrom which those militia went, requiring the county lieutenants to exertthemselves in taking them; and such is the detestation with which theyhave been received, that I have heard from many counties they were goingback of themselves. You will of course, hold courts martial on them, andmake them soldiers for eight months. If you will be so good as to informme, from time to time, how many you have, we may, perhaps, get thesupernumerary officers in the State, to take command of them. By thesame opportunities, I desired notice to be given to the friends of thefew remaining with you, that they had lost their clothes and blankets, and recommended, that they should avail themselves of any goodopportunity to send them supplies. 

We approve of your accommodating the hospital with medicines, and theMaryland troops with spirits. They really deserve the whole, and I wishwe had means of transportation for much greater quantities, whichwe have on hand and cannot convey. This article we could furnishplentifully to you and them. What is to be done for wagons, I do notknow. We have not now one shilling in the treasury to purchase them. We have ordered an active quarter-master to go to the westward, andendeavor to purchase on credit, or impress a hundred wagons and teams. But I really see no prospect of sending you additional supplies, tillthe same wagons return from you, which we sent on with the last. Iinformed you in my last letter, we had ordered two thousand militiamore, to rendezvous at Hillsborough on the 25th of October. You willjudge yourself, whether in the mean time you can be more useful byremaining where you are, with the few militia left and coming in, or byreturning home, where, besides again accommodating yourself after yourlosses, you may also aid us in getting those men into motion, and inpointing out such things as are within our power, and may be useful tothe service. And you will act accordingly. I am with great friendshipand esteem, dear Sir, your most obedient, humble servant, Th: Jefferson. 

LETTER XXII. --TO GENERAL EDWARD STEVENS, September 15, 1780

TO GENERAL EDWARD STEVENS. 

Richmond, September 15, 1780. 

Sir, I beg leave to trouble you with a private letter, on a little matterof my own, having no acquaintance at camp, with whom I can take that, liberty. Among the wagons impressed, for the use of your militia, weretwo of mine. One of these, I know is safe, having been on its way fromhence to Hillsborough, at the time of the late engagement. The other, I have reason to believe, was on the field. A wagon-master, who sayshe was near it, informs me the brigade quarter-master cut out one ofmy best horses, and made his escape on him, and that he saw my wagonerloosening his own horse to come off, but the enemy's horse were thencoming up, and he knows nothing further. He was a negro man, namedPhill, lame in one arm and leg. If you will do me the favor to inquirewhat is become of him, what horses are saved, and to send them to me, I shall be much obliged to you. The horses were not public property, asthey were only impressed and not sold. Perhaps your certificate of whatis lost, may be necessary for me. The wagon-master told me, that thepublic money was in my wagon, a circumstance, which, perhaps, may aidyour inquiries. After apologizing for the trouble, I beg leave to assureyou, that I am, with great sincerity, your friend and servant, Th: Jefferson. 

LETTER XXIII. --TO MAJOR GENERAL GATES, September 23, 1780

TO MAJOR GENERAL GATES. 

Richmond, September 23, 1780. 

Sir, I have empowered Colonel Carrington to have twelve boats, scows, orbatteaux, built at Taylor's Ferry, and to draw on me for the cost. Irecommended the constructing them so as to answer the transportation ofprovisions along that river, as a change of position of the two armiesmay render them unnecessary at Taylor's Ferry, and I am thoroughlypersuaded, that, unless we can find out some channel of transportationby water, no supplies of bread, of any consequence can be sent youfrom this State for a long time to come. The want of wagons is a barinsuperable, at least in any reasonable time. I have given orders tohave Fry and Jefferson's map, and Henry's map of Virginia, sought forand purchased. As soon as they can be got, I will forward them. I havealso written to General Washington on the subject of wintering theFrench fleet in the Chesapeake. Our new levies rendezvous in largenumbers. As General Washington had constituted them in eight battalions, and allotted none to Colonel Harrison, we think to deliver him aboutfour hundred drafts of another kind, who are to serve eighteen monthsalso. Unless Congress furnish small arms, we cannot arm more than halfthe men who will go from this State. The prize you mention of tents andblankets is very fortunate. It is absolutely out of our power to getthese articles, to any amount, in this country, nor have we clothing forour new levies. They must, therefore, go to you clothed as militia, till we can procure and send on supplies. They will be as warm in theirpresent clothing at Hillsborough, as at Chesterfield Court House. 

We have an agent collecting all the beeves which can be got from thecounties round about Portsmouth, to send off to you. 

They have there also plentiful crops of corn growing. We have instructedhim to try whether means of conveying it down into the Sounds, and upsome of the rivers of North Carolina, or by land to Meherrin river, andthence down Chowan, and up Roanoke, cannot be rendered practicable. 

I am, with every sentiment of esteem and respect, your most obedient

and most humble servant, Th: Jefferson. 

P. S. I enclose a certificate, acknowledging satisfaction for the moneyfurnished Colonel Kosciusko. T. J. 

LETTER XXIV. --TO GENERAL WASHINGTON, September 23, 1780

TO HIS EXCELLENCY GENERAL WASHINGTON. 

Richmond, September 23, 1780. 

Sir, I yesterday forwarded to you a letter from Colonel Wood, informingyou of his situation. That post has, for some time past, been prettyregularly supplied, and I hope will continue to be for some time tocome. A person whose punctuality can be relied on, offers to contractfor victualling it. If we can agree on terms, and the Assembly willstrengthen our hands sufficiently, we think to adopt that method, asthe only one to be relied on with certainty. I have heard it hintedthat Colonel Wood thinks of quitting that post. I should be exceedinglysorry, indeed, were he to do it. He has given to those under his charge, the most perfect satisfaction, and, at the same time, used all thecautions which the nature of his charge has required. It is principallyowing to his prudence and good temper that the late difficulties havebeen passed over, almost without a murmur. Any influence which yourExcellency shall think proper to me, for retaining him in his presentsituation, will promote the public good, and have a great tendency tokeep up a desirable harmony with the officers of that corps. Our newrecruits are rendezvousing very generally. Colonel Harrison was uneasyat having none of them assigned to his corps of artillery, who have verymuch distinguished themselves in the late unfortunate action, andare reduced almost to nothing. We happened to have about four hundreddrafts, raised in the last year, and never called out and sent on dutyby their county lieutenants, whom we have collected and are collecting. We think to deliver these to Colonel Harrison: they are to serveeighteen months from the time of rendezvous. The numbers of regularsand militia ordered from this State into the southern service, areabout seven thousand. I trust we may count that fifty-five hundredwill actually proceed: but we have arms for three thousand only. If, therefore, we do not speedily receive a supply from Congress, we mustcountermand a proper number of these troops. Besides this supply, there should certainly be a magazine laid in here, to provide againsta general loss as well as daily waste. When we deliver out those now inour magazine, we shall have sent seven thousand stand of our own intothe southern service, in the course of this summer. We are still moredestitute of clothing, tents, and wagons for our troops. The southernarmy suffers for provisions, which we could plentifully supply, wereit possible to find means of transportation. Despairing of this, wedirected very considerable quantities, collected on the navigablewaters, to be sent northwardly by the quarter-master. This he is nowdoing; slowly, however. Unapprized what may be proposed by our alliesto be done with their fleet in the course of the ensuing winter, I wouldbeg leave to intimate to you, that if it should appear to them eligiblethat it should winter in the Chesapeake, they can be well supplied withprovisions, taking their necessary measures in due time. The waterscommunicating with that bay furnish easy, and (in that case) safetransportation, and their money will call forth what is denied to ours. 

I am, with all possible esteem and respect, your Excellency's

most obedient and humble servant, Th: Jefferson. 

LETTER XXV. --TO HIS EXCELLENCY GENERAL WASHINGTON, September 26, 1780

TO HIS EXCELLENCY GENERAL WASHINGTON. 

Richmond, September 26, 1780. 

Sir, The enclosed copy of a letter from Lord Cornwallis [See Appendix, noteE. ] to Colonel Balfour, was sent me by Governor Rutledge: lest youshould not have seen it, I do myself the pleasure of transmittingit, with a letter from General Harrington to General Gates givinginformation of some late movements of the enemy. 

I was honored yesterday with your favor of the 5th instant, on thesubject of prisoners, and particularly Lieutenant Governor Hamilton. Youare not unapprized of the influence of this officer with the Indians, his activity and embittered zeal against us. You also, perhaps, know howprecarious is our tenure of the Illinois country, and how criticalis the situation of the new counties on the Ohio. These circumstancesdetermined us to detain Governor Hamilton and Major Hay withinour power, when we delivered up the other prisoners. On a laterepresentation from the people of Kentucky, by a person sent here fromthat country, and expressions of what they had reason to apprehend fromthese two prisoners, in the event of their liberation, we assuredthem they would not be parted with, though we were giving up our otherprisoners. Lieutenant Colonel Dabusson, aid to Baron de Kalb, latelycame here on his parole, with an offer from Lord Rawdon, to exchangehim for Hamilton. Colonel Towles is now here with a like propositionfor himself, from General Phillips, very strongly urged by the General. These, and other overtures, do not lessen our opinion of the importanceof retaining him; and they have been, and will be, uniformly rejected. Should the settlement, indeed, of a cartel become impracticable, withoutthe consent of the States to submit their separate prisoners to itsobligation, we will give up these two prisoners, as we would any thing, rather than be an obstacle to a general good. But no other circumstancewould, I believe, extract them from us. These two gentlemen, with aLieutenant Colonel Elligood, are the only separate prisoners we haveretained, and the last, only on his own request, and not because we setany store by him. There is, indeed, a Lieutenant Governor Rocheblawe ofKaskaskia, who has broken his parole and gone to New York, whom we mustshortly trouble your Excellency to demand for us, as soon as we canforward to you the proper documents. Since the forty prisoners sentto Winchester, as mentioned in my letter of the 9th ultimo, about onehundred and fifty more have been sent thither, some of them taken by usat sea, others sent on by General Gates. 

The exposed and weak state of our western settlements, and the dangerto which they are subject from the northern Indians, acting under theinfluence of the British post at Detroit, render it necessary for us tokeep from five to eight hundred men on duty for their defence. This is agreat and perpetual expense. Could that post be reduced and retained, it would cover all the States to the southeast of it. We have longmeditated the attempt under the direction of Colonel Clarke, but theexpense would be so great, that whenever we have wished to take it up, this circumstance has obliged us to decline it. Two different estimatesmake it amount to two millions of pounds, present money. We couldfurnish the men, provisions, and every necessary, except powder, hadwe the money, or could the demand from us be so far supplied fromother quarters, as to leave it in our power to apply such a sum to thatpurpose; and, when once done, it would save annual expenditures to agreat amount. When I speak of furnishing the men, I mean they should bemilitia; such being the popularity of Colonel Clarke, and the confidenceof the western people in him, that he could raise the requisite numberat any time. We, therefore, beg leave to refer this matter to yourself, to determine whether such an enterprise would not be for the generalgood, and if you think it would, to authorize it at the generalexpense. This is become the more reasonable, if, as I understand, theratification of the Confederation has been rested on our cession of apart of our western claim; a cession which (speaking my private opinion)I verily believe will be agreed to, if the quantity demanded is notunreasonably great. Should this proposition be approved of, it should beimmediately made known to us, as the season is now coming on, at whichsome of the preparations must be made. The time of execution, I think, should be at the time of the breaking up of the ice in the Wabash, andbefore the lakes open. The interval, I am told, is considerable. 

I have the honor to be, &c. 

your most obedient and humble servant, Th: Jefferson. 

LETTER XXVI. --TO MAJOR GENERAL GATES, October 4, 1780

TO MAJOR GENERAL GATES. 

Richmond, October 4, 1780. 

Sir, My letter of September 23rd answered your favors received before thatdate, and the present serves to acknowledge the receipt of those ofSeptember 24th and 27th. I retain in mind, and recur, almost daily, toyour requisitions of August; we have, as yet, no prospect of more thanone hundred tents. Flour is ordered to be manufactured, as soon as theseason will render it safe; out of which, I trust, we can furnish notonly your requisition of August, but that of Congress of September 11th. The corn you desire, we could furnish when the new crops come in, fully, if water transportation can be found; if not, we shall be able onlyto send you what lies convenient to the southern boundary, in whichneighborhood the crops have been much abridged by a flood in Roanoke. Wehave no rice. Rum and other spirits, we can furnish to a greater amountthan you require, as soon as our wagons are in readiness, and shallbe glad to commute into that article some others which we have not, particularly sugar, coffee, and salt. The vinegar is provided. ColonelFinnie promised to furnish to Colonel Muter, a list of the shades, hoes, &c. Which could be furnished from the Continental stores. This list hasnever yet come to hand. It is believed the Continental stores here willfall little short of your requisition, except in the article of axes, which our shops are proceeding on. Your information of September 24th, as to the quality of the axes, has been notified to the workmen, andwill, I hope, have a proper effect on those made hereafter. Applicationhas been made to the courts, to have the bridges put in a proper state, which they have promised to do. We are endeavoring again to collectwagons. About twenty are nearly finished at this place. We employed, about three weeks ago, agents to purchase, in the western counties, ahundred wagons and teams. Till these can be got, it will be impossibleto furnish any thing from this place. I am exceedingly pleased to hearof your regulation for stopping our wagons at Roanoke. This will putit in our power to repair and replace them, to calculate their returns, provide loads, and will be a great encouragement to increase theirnumber, if possible, as their departure hence will no longer produce theidea of a final adieu to them. 

Colonel Senf arrived here the evening before the last. He was employedyesterday and to-day, in copying some actual and accurate surveys, whichwe had had made of the country round about Portsmouth, as far as CapeHenry to the eastward, Nansemond river to the westward, the Dismal Swampto the southward, and northwardly, the line of country from Portsmouthby Hampton and York to Williamsburg, and including the vicinities ofthese three last posts. This will leave him nothing to do, but to takedrawings of particular places, and the soundings of such waters as hethinks material. He will proceed on this business to-morrow, with aletter to General Nelson, and powers to call for the attendance of aproper vessel. 

I suppose that your drafts in favor of the quarter-master, if attendedwith sixty days' grace, may be complied with to a certain amount. Wewill certainly use our best endeavors to answer them. I have only todesire that they may be made payable to the quarter-master alone, andnot to the bearer. This is to prevent the mortification of seeing anunapprized individual taken in by an assignment of them, as if theywere ready money. Your letter to Colonel Finnie will go to Williamsburgimmediately. Those to Congress, with a copy of the papers enclosed tome, went yesterday by express. I will take order as to the bacon youmention. I fear there is little of it, and that not capable of beinglong kept. You are surely not uninformed, that Congress required thegreater part of this article to be sent northward, which has beendone. I hope, by this time, you receive supplies of beeves from ourcommissary, Mr. Eaton, who was sent three weeks or a month ago, toexhaust of that article the counties below, and in the neighborhood ofPortsmouth; and from thence, was to proceed to other counties, in order, as they stood exposed to an enemy. 

The arrival of the French West India fleet (which, though notauthentically communicated, seems supported by so many concurringaccounts from individuals, as to leave scarcely room for doubt, ) will, I hope, prevent the enemy from carrying into effect the embarkation theyhad certainly intended from New York, though they are strengthened bythe arrival of Admiral Rodney, at that place, with twelve sail of theline and four frigates, as announced by General Washington to Congress, on the 19th ultimo. The accounts of the additional French fleet arevaried from sixteen to nineteen ships of the line, besides frigates. Thenumber of the latter has never been mentioned. The extracts ofletters, which you will see in our paper of this day, are from GeneralWashington, President Huntington, and our Delegates in Congress to me. That from Bladensburg is from a particular acquaintance of mine, whosecredit cannot be doubted. The distress we are experiencing from wantof leather to make shoes, is great. I am sure you have thought ofpreventing it in future, by the appointment of a commissary of hides, orsome other good regulation for saving and tanning the hides, which theconsumption of your army will afford. 

I have the honor to be, with all possible esteem and respect, Sir, your most obedient

and most humble servant, Th: Jefferson. 

LETTER XXVII. --TO GENERAL GATES, October 15, 1780

TO GENERAL GATES. 

Richmond, October 15, 1780. 

Sir, I am rendered not a little anxious by the paragraph of yours of the7th instant, wherein you say, 'It is near a month since I received anyletter from your Excellency; indeed, the receipt of most that I havewritten to you, remains unacknowledged. ' You ought, within that time, tohave received my letter of September the 3rd, written immediately on myreturn to this place, after a fortnight's absence; that of September the11th, acknowledging the receipt of yours which covered drafts for money;that of September the 23rd, on the subject of batteaux at Taylor'sFerry, wagons, maps of Virginia, wintering the French fleet in theChesapeake, our new levies, and provisions from our lower counties; andthat of October the 4th, in answer to yours of September the 24thand 27th. I begin to apprehend treachery in some part of our chain ofexpresses, and beg the favor of you, in your next, to mention whetherany, and which of these letters have come to hand. This acknowledges thereceipt of yours of September the 28th, and October the 3rd, 5th, and7th. The first of these was delivered four or five days ago by CaptainDrew. He will be permitted to return as you desire, as we would fulfilyour wishes in every point in our power, as well as indulge the ardor ofa good officer. Our militia from the western counties are now on theirmarch to join you. They are fond of the kind of service in which ColonelMorgan is generally engaged, and are made very happy by being informedyou intend to put them under him. Such as pass by this place, takemuskets in their hands. Those from the, southern counties, beyond theBlue Ridge, were advised to carry their rifles. For those who carryneither rifles nor muskets, as well as for our eighteen months men, weshall send on arms as soon as wagons can be procured. In the mean time, I had hoped that there were arms for those who should first arrive atHillsborough, as by General Steven's return, dated at his departurethence, there were somewhere between five and eight hundred muskets (Ispeak from memory, not having present access to the return) belongingto this State, either in the hands of the few militia who were there, or stored. Captain Fauntleroy, of the cavalry, gives me hopes he shallimmediately forward a very considerable supply of accoutrements, forWhite's and Washington's cavalry. He told me yesterday he had receivedone hundred and thirteen horses for that service, from us. Besidesthese, he had rejected sixty odd, after we had purchased them, at £3000apiece. Nelson's two troops were returned to me, deficient only twelvehorses, since which, ten have been sent to him by Lieutenant Armstead. I am not a little disappointed, therefore, in the number of cavalry fitfor duty, as mentioned in the letter you enclosed me. Your request (asstated in your letter of the 7th) that we will send no men into thefield, or even to your camp, that are not well furnished with shoes, blankets, and every necessary for immediate service, would amount to astoppage of every man; as we have it not in our power to furnish themwith real necessaries completely. I hope they will be all shod. Whatproportion will have blankets I cannot say: we purchase every one whichcan be found out; and now I begin to have a prospect of furnishing abouthalf of them with tents, as soon as they can be made and forwarded. Asto provisions, our agent, Eaton, of whom I before wrote, informs me ina letter of the 5th instant, he shall immediately get supplies of beefinto motion, and shall send some corn by a circuitous navigation. Buttill we receive our wagons from the western country, I cannot hope toaid you in bread. I expect daily to see wagons coming in to us. Themilitia were ordered to rendezvous at Hillsborough, expecting they wouldthence be ordered by you into service. I send you herewith a copy ofHenry's map of Virginia. It is a mere _cento_ of blunders. It may serveto give you a general idea of the courses of rivers, and positions ofcounties. We are endeavoring to get you a copy of Fry and Jefferson's;but they are now very scarce. I also enclose you some newspapers, inwhich you will find a detail of Arnold's apostacy and villany. 

I am, with all sentiments of sincere respect and esteem, Sir, your most obedient

and most humble servant, Th: Jefferson. 

P. S. Just as I was closing my letter, yours of the 9th instant wasput into my hands. I enclose by this express, a power to Mr. Lambe, quarter-master, to impress, for a month, ten wagons from each of thecounties of Brunswick, Mecklenburg, Lunenburg, Charlotte, and Halifax, and direct him to take your orders, whether they shall go first to you, or come here. If the latter, we can load them with arms and spirits. Before their month is out, I hope the hundred wagons from the westwardwill have come in. We will otherwise provide a relief for these. I amperfectly astonished at your not having yet received my letters beforementioned. I send you a copy of that of the 4th of October, as beingmost material. I learn, from one of General Muhlenburg's family, thatfive wagons have set out from hence, with three hundred stand of arms, &c. However, the General writes to you himself. T. J. 

LETTER XXVIII. --TO GENERAL WASHINGTON, October 22, 1780

TO HIS EXCELLENCY GENERAL WASHINGTON. 

Richmond, October 22, 1780. 

Sir, I have this morning received certain information of the arrival of ahostile fleet in our bay, of about sixty sail. The debarkation of somelight-horse, in the neighborhood of Portsmouth, seems to indicate thatas the first scene of action. We are endeavoring to collect as large abody to oppose them as we can arm: this will be lamentably inadequate, if the enemy be in any force. It is mortifying to suppose that a people, able and zealous to contend with their enemy, should be reduced to foldtheir arms for want of the means of defence. Yet no resources, that weknow of, ensure us against this event. It has become necessary to divertto this new object, a considerable part of the aids we had destinedfor General Gates. We are still, however, sensible of the necessityof supporting him, and have left that part of our country nearest himuncalled on, at present, that they may reinforce him as soon as armscan be received. We have called to the command of our forces, GeneralsWeeden and Muhlenburg, of the line, and Nelson and Stevens of themilitia. You will be pleased to make to these such additions as you maythink proper. As to the aids of men, I ask for none, knowing that if thelate detachment of the enemy shall have left it safe for you to spareaids of that kind, you will not await my application. Of the troopswe shall raise, there is not a single man who ever saw the face of anenemy. Whether the Convention troops will be removed or not, is yetundetermined. This must depend on the force of the enemy, and the aspectof their movements. 

I have the honor to be

your Excellency's most obedient, humble servant, Th: Jefferson. 

LETTER XXIX. --TO GENERAL WASHINGTON, October 25, 1780

TO HIS EXCELLENCY GENERAL WASHINGTON. 

Richmond, October 25, 1780. 

Sir, I take the liberty of enclosing to you letters from Governor Hamilton, for New York. On some representations received by Colonel Towles, thatan indulgence to Governor Hamilton and his companions to go to New York, on parole, would produce the happiest, effect on the situation of ourofficers in Long Island, we have given him, Major Hay, and some of thesame party at Winchester, leave to go there on parole. The two former goby water, the latter by land. 

By this express I hand on, from General Gates to Congress, intelligenceof the capture of Augusta, in Georgia, with considerable quantities ofgoods; and information, which carries a fair appearance, of the takingof Georgetown, in South Carolina, by a party of ours, and that an armyof six thousand French and Spaniards had landed at Sunbury. This isthe more credible, as Cornwallis retreated from Charlotte on the 12thinstant, with great marks of precipitation. Since my last to you, informing you of an enemy's fleet, they have landed eight hundred menin the neighborhood of Portsmouth, and some more on the bay side ofPrincess Anne. One thousand infantry landed at New-ports-news, on themorning of the 23rd, and immediately took possession of Hampton. Thehorse were proceeding up the road. Such a corps as Major Lee's would beof infinite service to us. Next to a naval force, horse seems to be themost capable of protecting a country so intersected by waters. 

I am, with the most sincere esteem, your Excellency's most obedient

and most humble servant, Th: Jefferson. 

LETTER XXX. --TO GENERAL WASHINGTON, October 26, 1780

TO HIS EXCELLENCY GENERAL WASHINGTON. 

Richmond, October 26, 1780. 

Sir, The Executive of this State think it expedient, under our presentcircumstances, that the prisoners of war under the Conventionof Saratoga, be removed from their present situation. It will beimpossible, as long as they remain with us, to prevent the hostile armyfrom being reinforced by numerous desertions from this corps; and thisexpectation may be one among the probable causes of this movement of theenemy. Should, moreover, a rescue of them be attempted, the extensivedisaffection which has of late been discovered, and the almost totalwant of arms in the hands of our good people, render the success of suchan enterprise by no means desperate. The fear of this, and the dangerousconvulsions to which such an attempt would expose us, divert theattention of a very considerable part of our militia, from an oppositionto an invading enemy. An order has been, therefore, this day issued toColonel Wood, to take immediate measures for their removal; and everyaid has been and will be given him, for transporting, guarding, andsubsisting them on the road, which our powers can accomplish. Noticehereof is sent to his Excellency Governor Lee, on whose part, I doubtnot, necessary preparations will be made. 

I have the honor to be, with the greatest esteem and respect, your Excellency's most obedient

and most humble servant, Th: Jefferson. 

LETTER XXXI. --TO GENERAL GATES, October 28, 1780

TO GENERAL GATES. 

Richmond, October 28, 1780. 

Sir, Your letters of the 14th, 20th, and 21st have come to hand, and yourdespatches to Congress have been regularly forwarded. I shall attendto the caveat against Mr. Ochiltree's bill. Your letter to Colonel Senfremains still in my hands, as it did not come till the enemy had takenpossession of the ground, on which I knew him to have been, and I havesince no certain information where a letter might surely find him. Myproposition as to your bills in favor of the quarter-master, referredto yours of September 27th. I have notified to the Continentalquarter-master, your advance of nine hundred dollars to Cooper. As yet, we have received no wagons. I wish Mr. Lambe may have supplied you. Should those from the western quarter not come in, we will authorize himor some other, to procure a relief, in time, for those first impressed. We are upon the eve of a new arrangement as to our commissary's andquarter-master's departments, as the want of money, introducing itssubstitute, force, requires the establishment of a different kind ofsystem. 

Since my first information to you of the arrival of an enemy, they havelanded about eight hundred men near Portsmouth, some on the bay side ofPrincess Anne, one thousand at Hampton, and still retained considerablepart on board their ships. Those at Hampton, after committing horriddepredations, have again retired to their ships, which, on the eveningof the 26th, were strung along the Road from New-ports-news, to themouth of Nansemond, which seems to indicate an intention of comingup James river. Our information is, that they have from four to fivethousand men, commanded by General Leslie, and that they have come underconvoy of one forty-gun ship, and some frigates (how many, has neverbeen said), commanded by Commodore Rodney. Would it not be worth whileto send out a swift boat from some of the inlets of Carolina, to notifythe French Admiral that his enemies are in a net, if he has leisure toclose the mouth of it? Generals Muhlenburg and Nelson are assembling aforce to be ready for them, and General Weeden has come to this place, where he is at present employed in some arrangements. We have orderedthe removal of the Saratoga prisoners, that we may have our hands clearfor these new guests. 

I have the honor to be, with the most perfect esteem and respect, Sir, your most obedient

and most humble servant, Th: Jefferson. 

LETTER XXXII. --TO GENERAL WASHINGTON, November 3, 1780

TO HIS EXCELLENCY GENERAL WASHINGTON. 

Richmond, November 3, 1780. 

Sir, Since I had the honor of writing to your Excellency, on the 25th ultimo, the enemy have withdrawn their forces from the north side of Jamesriver, and have taken post at Portsmouth, which, we learn, they arefortifying. Their highest post is Suffolk, where there is a very narrowand defensible pass between Nansemond river and the Dismal Swamp, which covers the country below, from being entered by us. More accurateinformation of their force, than we at first had, gives us reason tosuppose them to be from twenty-five hundred to three thousand strong, of which, between sixty and seventy are cavalry. They are commanded byGeneral Leslie, and were convoyed by the Romulus, of forty guns, theBlonde, of thirty-two guns, the Delight sloop, of sixteen, a twenty-gunship of John Goodwick's, and two row-galleys, commanded by CommodoreGrayton. We are not assured, as yet, that they have landed their wholeforce. Indeed, they give out themselves, that after drawing the forceof this State to Suffolk, they mean, to go to Baltimore. Their movementshad induced me to think they came with an expectation of meeting withLord Cornwallis in this country, that his precipitate retreat has leftthem without a concerted object, and that they were waiting furtherorders. Information of this morning says, that being informed of LordCornwallis's retreat, and a public paper having been procured bythem, wherein were printed the several despatches which brought thisintelligence from General Gates, they unladed a vessel and sent, her offto Charleston immediately. The fate of this army of theirs hangs on avery slender naval force, indeed. 

The want of barracks at Fort Frederick, as represented by Colonel Wood, the difficulty of getting wagons sufficient to move the whole Conventiontroops, and the state of uneasiness in which the regiment of guards is, have induced me to think it would be better to move these troops intwo divisions; and as the whole danger of desertion to the enemy, andcorrespondence with the disaffected in our southern counties, is fromthe British only (for from the Germans we have no apprehensions oneither head), we have advised Colonel Wood to move on the British in thefirst division, and to leave the Germans in their present situation, toform a second division, when barracks may be erected at Fort Frederick. By these means, the British may march immediately under the guard ofColonel Crochet's battalion, while Colonel Taylor's regiment of guardsremains with the Germans. I cannot suppose this will be deemed sucha separation as is provided against by the Convention, nor that theirofficers will wish to have the whole troops crowded into barracks, probably not sufficient for half of them. Should they, however, insiston their being kept together, I suppose it would be the opinion that thesecond division should follow the first as soon as possible, and thattheir being exposed, in that case, to a want of covering, would bejustly imputable to themselves only. The delay of the second divisionwill lessen the distress for provisions, which may, perhaps, takeplace on their first going to the new post, before matters are properlyarranged. 

I have the honor to be, with great esteem and respect, your Excellency's most obedient

and most humble servant, Th: Jefferson. 

LETTER XXXIII. --TO GENERAL WASHINGTON, November 10, 1780

TO HIS EXCELLENCY GENERAL WASHINGTON. 

Richmond, November 10, 1780. 

Sir, I enclose your Excellency a copy of an intercepted letter from MajorGeneral Leslie to Lord Cornwallis. [See Appendix, note F. ] It was takenfrom a person endeavoring to pass through the country from Portsmouthtowards Carolina. When apprehended, and a proposal made to search him, he readily consented to be searched, but, at the same time, was observedto put his hand into his pocket and carry something towards his mouth, as if it were a quid of tobacco: it was examined, and found to be aletter, of which the enclosed is a copy, written on silk paper, rolledup in gold-beater's skin, and nicely tied at each end, so as not to belarger than a goose quill. As this is the first authentic disclosure oftheir purpose in coming here, and may serve to found, with somewhat moreof certainty, conjectures respecting their future movements, while theirdisappointment in not meeting with Lord Cornwallis may occasionnew plans at New York, I thought it worthy of communication to yourExcellency. 

Some deserters were taken yesterday, said to be of the BritishConvention troops, who had found means to get to the enemy atPortsmouth, and were seventy or eighty miles on their way back to thebarracks, when they were taken. They were passing under the guise ofdeserters from Portsmouth. 

I have the honor to be, with the greatest esteem and respect, your Exellency's most obedient

and most humble servant, Th: Jefferson. 

LETTER XXXIV. --TO GENERAL WASHINGTON, November 26, 1780

TO HIS EXCELLENCY GENERAL WASHINGTON. 

Richmond, November 26, 1780. 

Sir, I have been honored with your Excellency's letter of the 8th instant. Having found it impracticable to move, suddenly, the whole Conventiontroops, British and German, and it being represented that there couldnot, immediately, be covering provided for them all at Fort Frederick, we concluded to march off the British first, from whom was the principaldanger of desertion, and to permit the Germans, who show littledisposition to join the enemy, to remain in their present quarters tillsomething further be done. The British, accordingly, marched the 20thinstant. They cross the Blue Ridge at Rock Fish gap, and proceed alongthat valley. I am to apprize your Excellency, that the officers ofevery rank, both British and German, but particularly the former, havepurchased within this State some of the finest horses in it. You will bepleased to determine, whether it be proper that they carry them withintheir lines. I believe the Convention of Saratoga entitles them to keepthe horses they then had. But I presume none of the line below the rankof field-officers, had a horse. Considering the British will be now atFort Frederick, and the Germans in Albemarle, Alexandria seems to bethe most central point to which there is navigation. Would it not, therefore, be better that the flag-vessel, solicited by GeneralPhillips, should go to that place? It is about equally distant from thetwo posts. The roads to Albemarle are good. I know not how those arewhich lead to Fort Frederick. Your letter referring me to General Green, for the mode of constructing light, portable boats, unfortunately didnot come to hand till he had left us. We had before determined to havesomething done in that way, and as they are still unexecuted, we shouldbe greatly obliged by any draughts or hints, which could be given by anyperson within the reach of your Excellency. 

I received advice, that on the 22nd instant, the enemy's fleet got allunder way, and were standing toward the Capes: as it still remainedundecided, whether they would leave the bay, or turn up it, I waited thenext stage of information, that you might so far be enabled to judge oftheir destination. This I hourly expected, but it did not come till thisevening, when I am informed they all got out to sea in the night of the22nd. What course they steered afterwards, is not known. I must do theirGeneral and Commander the justice to say, that in every case to whichtheir attention and influence could reach, as far as I have beenwell-informed, their conduct was such as does them the greatest honor. In the few instances of wanton and unnecessary devastation, theypunished the aggressors. 

I have the honor to be, your Excellency's

most obedient, humble servant, Th: Jefferson. 

LETTER XXXV. --TO GENERAL WASHINGTON, December 15, 1780

TO HIS EXCELLENCY GENERAL WASHINGTON. 

Richmond, December 15, 1780. 

Sir, I had the honor of writing to your Excellency on the subject of anexpedition contemplated by this State, against the British post atDetroit, and of receiving your answer of October the 10th. Since thedate of my letter, the face of things has so far changed, as to leaveit no longer optional in us to attempt or decline the expedition, butcompels us to decide in the affirmative, and to begin our preparationsimmediately. The army the enemy at present have in the South, thereinforcements still expected there, and their determination to directtheir future exertions to that quarter, are not unknown to you. Theregular force proposed on our part to counteract those exertions, issuch, either from the real or supposed inability of this State, as by nomeans to allow a hope that it may be effectual. It is, therefore, tobe expected that the scene of war will either be within our country, orvery nearly advanced to it; and that our principal dependence is to beon militia, for which reason it becomes incumbent to keep as great aproportion of our people as possible, free to act in that quarter. Inthe mean time, a combination is forming in the westward, which, if notdiverted, will call thither a principal and most valuable part of ourmilitia. From intelligence received, we have reason to expect that aconfederacy of British and Indians, to the amount of two thousand men, is formed for the purpose of spreading destruction and dismay throughthe whole extent of our frontier, in the ensuing spring. Should thistake place, we shall certainly lose in the South all aids of militiabeyond the Blue Ridge, besides the inhabitants who must fall a sacrificein the course of the savage irruptions. 

There seems to be but one method of preventing this, which is to givethe western enemy employment in their own country. The regular forceColonel Clarke already has, with a proper draft from the militia beyondthe Allegany, and that of three or four of our most northern counties, will be adequate to the reduction of Fort Detroit, in the opinionof Colonel Clarke; and he assigns the most probable reasons for thatopinion. We have, therefore, determined to undertake it, and commitit to his direction. Whether the expense of the enterprise shallbe defrayed by the Continent or State, we will leave to be decidedhereafter by Congress, in whose justice we can confide as to thedetermination. In the mean time, we only ask the loan of suchnecessaries as, being already at Fort Pitt, will save time and animmense expense of transportation. These articles shall either beidentically or specifically returned; should we prove successful, it isnot improbable they may be where Congress would choose to keep them. Iam, therefore, to solicit your Excellency's order to the commandant atFort Pitt, for the articles contained on the annexed list, which shallnot be called for until every thing is in readiness; after which, therecan be no danger of their being wanted for the post at which they are:indeed, there are few of the articles essential for the defence of thepost. 

I hope your Excellency will think yourself justified in lending us thisaid without awaiting the effect of an application elsewhere, as sucha delay would render the undertaking abortive, by postponing it to thebreaking up of the ice in the lake. Independent of the favorable effectswhich a successful enterprise against Detroit must produce to the UnitedStates in general, by keeping in quiet the frontier of the northernones, and leaving our western militia at liberty to aid those of theSouth, we think the like friendly offices performed by us to the Sates, whenever desired, and almost to the absolute exhausture of our ownmagazines, give well founded hopes that we may be accommodated on thisoccasion. The supplies of military stores which have been furnished byus to Fort Pitt itself, to the northern army, and, most of all, to thesouthern, are not altogether unknown to you. I am the more urgent foran immediate order, because Colonel Clarke awaits here your Excellency'sanswer by the express, though his presence in the western country tomake preparations for the expedition is so very necessary, if you enablehim to undertake it. To the above, I must add a request to you to sendfor us to Pittsburg, persons proper to work the mortars, &c, as ColonelClarke has none such, nor is there one in this State. They shall be inthe pay of this State from the time they leave you. Any money necessaryfor their journey, shall be repaid at Pittsburg, without fail, by thefirst of March. 

At the desire of the General Assembly, I take the liberty oftransmitting to you the enclosed resolution; and have the honor to be, with the most perfect esteem and regard, your Excellency's most obedient

and most humble servant, Th: Jefferson. 

LETTER XXXVI. --TO GENERAL WASHINGTON, January 10, 1781

TO HIS EXCELLENCY GENERAL WASHINGTON. 

Richmond, January 10, 1781. 

Sir, It may seem odd, considering the important events which have taken placein this State within the course of ten days, that I should not havetransmitted an account of them to your Excellency; but such has beentheir extraordinary rapidity, and such the unremitted attention theyhave required from all concerned in government, that I do not recollectthe portion of time which I could have taken to commit them to paper. 

On the 31st of December, a letter from a private gentleman to GeneralNelson came to my hands, notifying, that in the morning of the precedingday, twenty-seven sail of vessels had entered the Capes; and fromthe tenor of the letter, we had reason to expect, within a few hours, further intelligence; whether they were friends or foes, their force, and other circumstances. We immediately despatched General Nelson to thelower country, with powers to call on the militia in that quarter, or act otherwise as exigencies should require; but waited furtherintelligence, before we would call for militia from the middle or uppercountry. No further intelligence came till the 2nd instant, when theformer was confirmed; it was ascertained they had advanced up Jamesriver to Wanasqueak bay. All arrangements were immediately taken forcalling in a sufficient body of militia for opposition. In the night ofthe 3rd, we received advice that they were at anchor opposite Jamestown;we then supposed Williamsburg to be their object. The wind, however, which had hitherto been unfavorable, shifted fair, and the tide beingalso in their favor, they ascended the river to Kennons' that evening, and, with the next tide, came up to Westover, having, on their way, taken possession of some works we had at Hood's, by which two or threeof their vessels received some damage, but which were of necessityabandoned by the small garrison of fifty men placed there, on theenemy's landing to invest the works. Intelligence of their havingquitted the station at Jamestown, from which we supposed they meantto land for Williamsburg, and of their having got in the evening toKennon's, reached us the next morning at five o'clock, and was thefirst indication of their meaning to penetrate towards this place orPetersburg. As the order for drawing miliatia here had been given buttwo days, no opposition was in readiness. Every effort was thereforenecessary, to withdraw the arms and other military stores, records, &c. From this place. Every effort was, accordingly, exerted to convey themto the foundery five miles, and to a laboratory six miles, above thisplace, till about sunset of that day, when we learned the enemy had cometo an anchor at Westover that morning. We then knew that this, and notPetersburg was their object, and began to carry across the river everything remaining here, and to remove what had been transported to thefoundery and laboratory to Westham, the nearest crossing, seven milesabove this place, which operation was continued till they had approachedvery near. They marched from Westover, at two o'clock in the afternoonof the 4th, and entered Richmond at one o'clock in the afternoon ofthe 5th. A regiment of infantry and about thirty horse continued on, without halting, to the foundery. They burnt that, the boring mill, themagazine, and two other houses, and proceeded to Westharn; but nothingbeing in their power there, they retired to Richmond. The next morningthey burned some buildings of public and private property, with whatstores remained in them, destroyed a great quantity of private stores, and about twelve o'clock, retired towards Westover, where they encampedwithin the Neck, the next day. 

The loss sustained is not yet accurately known. As far as I have beenable to discover, it consisted, at this place, of about threehundred muskets, some soldiers' clothing to a small amount, somequarter-master's stores, of which one hundred and twenty sides ofleather was the principal article, part of the artificers' tools, andthree wagons. Besides which, five brass four-pounders, which we had sunkin the river, were discovered to them, raised and carried off. Atthe foundery, we lost the greater part of the papers belonging to theAuditor's office, and of the books and papers of the Council office. About five or six tons of powder, as we conjecture, was thrown into thecanal, of which there will be a considerable saving by re-manufacturingit. The roof of the foundery was burned, but the stacks of chimneys andfurnaces not at all injured. The boring mill was consumed. Within lessthan forty-eight hours from the time of their landing, and nineteen fromour knowing their destination, they had penetrated thirty-three miles, done the whole injury, and retired. Their numbers, from the bestintelligence I have had, are about fifteen hundred infantry, and as totheir cavalry, accounts vary from fifty to one hundred and twenty; andthe whole commanded by the parricide Arnold. Our militia, dispersed overa large tract of country, can be called in but slowly. On the day theenemy advanced to this place, two hundred only were embodied. They wereof this town and its neighborhood, and were too few to do any thing. At this time, they are assembled in pretty considerable numbers on thesouth side of James river, but are not yet brought to a point. On thenorth side are two or three small bodies, amounting in the whole toabout nine hundred men. The enemy were, at four o'clock yesterdayevening, still remaining in their encampment at Westover and BerkeleyNeck. In the mean while, Baron Steuben, a zealous friend, has descendedfrom the dignity of his proper command, to direct our smallestmovements. His vigilance has in a great measure supplied the want offorce in preventing the enemy from crossing the river, which mighthave been very fatal. He has been assiduously employed in preparingequipments for the militia, as they should assemble, in pointing them toa proper object, and in other offices of a good commander. Should theyloiter a little longer, and he be able to have a sufficient force, Istill flatter myself they will not escape with total impunity. To whatplace they will point their next exertions, we cannot even conjecture. The whole country on the tide waters and some distance from them, isequally open to similar insult. 

I have the honor to be, with every sentiment of respect, your Excellency's most obedient

and most humble servant, Th: Jefferson. 

LETTER XXXVII. --TO THE PRESIDENT OF CONGRESS, Jan. 15, 1781

TO HIS EXCELLENCY THE PRESIDENT OF CONGRESS. 

Richmond, January 15, 1781. 

Sir, As the dangers which threaten our western frontiers, the ensuing spring, render it necessary that we should send thither Colonel Crocket'sbattalion, at present on guard at Fredericktown, but raised for thewestern service, I thought it necessary to give your Excellency previousinformation thereof, that other forces may be provided in time tosucceed to their duties. Captain Read's troop of horse, if necessary, may be continued a while longer on guard. 

I have the honor to be, with the greatest respect, your Excellency's most obedient

and most humble servant, Th: Jefferson. 

LETTER XXXVIII. --TO THE PRESIDENT OF CONGRESS, Jan. 15, 1781

TO HIS EXCELLENCY THE PRESIDENT OF CONGRESS. 

Sir, Richmond, January 15, 1781. 

I received some time ago from Major Forsyth, and afterwards from you, a requisition to furnish one half the supplies of provision for theConvention troops, removed into Maryland. I should sooner have donemyself the honor of writing to you on this subject, but that I hoped tohave laid it before you more fully than could be done in writing, by agentleman who was to pass on other public business to Philadelphia. Thelate events in this State having retarded his setting out, I think it myduty no longer to postpone explanation on this head. 

You cannot be unapprized of the powerful armies of our enemy, at thistime in this and the southern States, and that their future plan isto push their successes in the same quarter, by still largerreinforcements. The forces to be opposed to these must be proportionablygreat, and these forces must be fed. By whom are they to be fed?Georgia and South Carolina are annihilated, at least, as to us. By therequisition to us to send provisions into Maryland, it is to be supposedthat none are to come to the southern army, from any State north ofthis; for it would seem inconsistent, that while we should be sendingnorth, Maryland, and other states beyond that, should be sending theirprovisions south. Upon North Carolina, then, already exhausted by theravages of two armies, and on this State, are to depend for subsistencethose bodies of men, who are to oppose the greater part of the enemy'sforce in the United States, the subsistence of the German, and ofhalf the British Conventioners. To take a view of this matter on theContinental requisitions of November the 4th, 1780, for specific quotasof provisions, it is observable that North Carolina and Virginia are tofurnish 10, 475, 740 pounds of animal food, and 13, 529 barrels of flour, while the States north of these will yield 25, 293, 810 pounds of animalfood, and 106, 471 barrels of flour. 

If the greater part of the British armies be employed in the South, itis to be supposed that the greater part of the American force willbe sent there to oppose them. But should this be the case, while thedistribution of the provisions is so very unequal, would it be proper torender it still more so, by withdrawing a part of our contributionsto the support of posts northward of us? It would certainly be agreat convenience to us, to deliver a portion of our specifics atFredericktown, rather than in Carolina: but I leave it to you to judge, whether this would be consistent with the general good or safety. Instead of sending aids of any kind to the northward, it seems but toocertain that unless very timely and substantial assistance be receivedfrom thence, our enemies are yet far short of the ultimate term oftheir successes. I beg leave, therefore, to refer to you, whether thespecifics of Maryland, as far as shall be necessary, had not better beapplied to the support of the posts within it, for which its quota ismuch more than sufficient, or, were it otherwise, whether those of theStates north of Maryland had not better be called on, than to detractany thing from the resources of the southern opposition, already muchtoo small for the encounter to which it is left. I am far from wishingto count or measure our contributions by the requisitions of Congress. Were they ever so much beyond these. I should readily strain them in aidof any one of our sister States. But while they are so short of thosecalls to which they must be pointed in the first instance, it wouldbe great misapplication to divert them to any other purpose: and I ampersuaded you will think me perfectly within the line of duty, when Iask a revisal of this requisition. 

I have the honor to be, with the greatest respect, Sir, your most obedient and most humble servant, Th: Jefferson. 

LETTER XXXIX. --TO THE PRESIDENT OF CONGRESS, Jan. 17, 1781

TO HIS EXCELLENCY THE PRESIDENT OF CONGRESS. 

Richmond, January 17, 1781. 

Sir, I do myself the honor of transmitting to your Excellency a resolution ofthe General Assembly of this Commonwealth, entered into in consequenceof the resolution of Congress of September the 6th, 1780, on the subjectof the Confederation. I shall be rendered very happy if the other Statesof the Union, equally impressed with the necessity of that importantconvention, shall be willing to sacrifice equally to its completion. This single event, could it take place shortly, would overweigh everysuccess which the enemy have hitherto obtained, and render desperate thehopes to which those successes have given birth. 

I have the honor to be, with the most real esteem and respect, your Excellency's most obedient and most humble servant, Th: Jefferson. 

LETTER XL. --TO THE VIRGINIA DELEGATES IN CONGRESS, Jan. 18, 1781

TO THE VIRGINIA DELEGATES IN CONGRESS. 

Richmond, January 18, 1781. 

Gentlemen, I enclose you a Resolution of Assembly, directing your conduct as to thenavigation of the Mississippi. 

The loss of powder lately sustained by us (about five tons), togetherwith the quantities sent on to the southward, have reduced our stockvery low indeed. We lent to Congress, in the course of the last year(previous to our issues for the southern army), about ten tons ofpowder. I shall be obliged to you to procure an order from the board ofwar, for any quantity from five to ten tons, to be sent us immediatelyfrom Philadelphia or Baltimore, and to inquire into and hasten, fromtime to time, the execution of it. The stock of cartridge-paper isnearly exhausted. I do not know whether Captain Irish, or what otherofficer, should apply for this. It is essential that a good stock shouldbe forwarded, and without a moment's delay. If there be a rock onwhich we are to split, it is the want of muskets, bayonets, andcartouch-boxes. 

The occurrences, since my last to the President, are not of anymagnitude. Three little rencounters have happened with the enemy. In thefirst, General Smallwood led on a party of two or three hundred militia, and obliged some armed vessels of the enemy to retire from a prize theyhad taken at Broadway's, and renewing his attack the next day witha four-pounder or two (for on the first day he had only muskets), heobliged some of their vessels to fall down from City Point to theirmain fleet at Westover. The enemy's loss is not known; ours was four menwounded. One of the evenings, during their encampment at Westover andBerkeley, their light-horse surprised a party of about one hundred orone hundred and fifty militia at Charles City Court House, killed andwounded four, and took, as has been generally said, about seven oreight. On Baron Steuben's approach towards Hood's, they embarked atWestover; the wind, which, till then, had set directly up the riverfrom the time of their leaving Jamestown, shifted in the moment to theopposite point. Baron Steuben had not reached Hood's by eight or tenmiles, when they arrived there. They landed their whole army in thenight, Arnold attending in person. Colonel Clarke (of Kaskaskias) hadbeen sent on with two hundred and forty men by Baron Steuben, and havingproperly disposed of them in ambuscade, gave them a deliberate fire, which killed seventeen on the spot, and wounded thirteen. They returnedit in confusion, by which we had three or four wounded, and our partybeing so small and without bayonets, were obliged to retire on theenemy's charging with bayonets. They fell down to Cobham, whence theycarried all the tobacco there (about sixty hogsheads); and thelast intelligence was, that on the 16th they were standing forNew-ports-news. Baron Steuben is of opinion, they are proceeding to fixa post in some of the lower counties. Later information has givenno reason to believe their force more considerable than we at firstsupposed. I think, since the arrival of the three transports which hadbeen separated in a storm, they may be considered as about two thousandstrong. Their naval force, according to the best intelligence, is theCharon, of forty-four guns, Commodore Symmonds, the Amphitrite, Iris, Thames, and Charlestown frigates, the Forvey, of twenty guns, two sloopsof war, a privateer ship, and two brigs. We have about thirty-sevenhundred militia embodied, but at present they are divided into threedistant encampments: one under General Weeden, at Fredericksburg, forthe protection of the important works there; another under GeneralNelson, at and near Williamsburg; and a third under Baron Steuben, atCabin Point. As soon as the enemy fix themselves, these will be broughtto a point. 

I have the honor to be, with very great respect, gentlemen, your most obedient servant, Th: Jefferson. 

LETTER XLI. --TO GENERAL WASHINGTON, February 8, 1781

TO HIS EXCELLENCY GENERAL WASHINGTON. 

Richmond, February 8, 1781. 

Sir, I have just received intelligence, which, though from a private hand, I believe is to be relied on, that a fleet of the enemy's ships haveentered Cape Fear river, that eight of them had got over the bar, and many others were lying off; and that it was supposed to be areinforcement to Lord Cornwallis, under the command of General Prevost. This account, which had come through another channel, is confirmed by aletter from General Parsons at Halifax, to the gentleman who forwards itto me. I thought it of sufficient importance to be communicated to yourExcellency by the stationed expresses. The fatal want of arms puts itout of our power to bring a greater force into the field, than willbarely suffice to restrain the adventures of the pitiful body of menthey have at Portsmouth. Should any more be added to them, this countrywill be perfectly open to them, by land as well as water. 

I have the honor to be, with all possible respect, Your Excellency's most obedient

and most humble servant, Th: Jefferson. 

LETTER XLII. --TO GENERAL WASHINGTON, February 12, 1781

TO HIS EXCELLENCY GENERAL WASHINGTON. 

Richmond, February 12, 1781. 

Sir, The enclosed extract from a letter from Governor Nash, which I receivedthis day, being a confirmation of the intelligence I transmitted in aformer letter, I take the liberty of transmitting it to your Excellency. I am informed, through a private channel, on which I have considerablereliance, that the enemy had landed five hundred troops under thecommand of a Major Craig, who were joined by a number of disaffected;that they had penetrated forty miles; that their aim appeared to bethe magazine at Kingston, from which place they were about twenty milesdistant. 

Baron Steuben transmits to your Excellency a letter from General Greene, by which you will learn the events which have taken place in thatquarter since the defeat of Colonel Tarleton, by General Morgan. Theseevents speak best for themselves, and no doubt will suggest what isnecessary to be done to prevent the successive losses of State afterState, to which the want of arms, and of a regular soldiery, seem moreespecially to expose those in the South. 

I have the honor to be, with every sentiment of respect, yourExcellency's most obedient and most humble servant, Th: Jefferson. 

LETTER XLIII. --TO GENERAL WASHINGTON, February 17, 1781

TO HIS EXCELLENCY GENERAL WASHINGTON. 

Richmond, February 17, 1781. 

Sir, By a letter from General Greene, dated Guilford Court House, February10th, we are informed that Lord Cornwallis had burned his own wagons inorder to enable himself to move with greater facility, and had pressedimmediately on. The prisoners taken at the Cow-pens, were happily savedby the accidental rise of a water-course, which gave so much time as towithdraw them from the reach of the enemy. Lord Cornwallis had advancedto the vicinities of the Moravian towns, and was still moving onrapidly. His object was supposed to be to compel General Greene to anaction, which, under the difference of force they had, would probablybe ruinous to the latter. General Greene meant to retire by the way ofBoyd's Ferry, on the Roanoke. As yet he had lost little or no stores orbaggage, but they were far from being safe. In the instant of receivingthis intelligence, we ordered a reinforcement of militia to him, fromthe most convenient counties in which there was a hope of finding anyarms. Some great event must arise from the present situation of things, which, for a long time, will determine the condition of southernaffairs. 

Arnold lies close in his quarters. Two days ago, I received informationof the arrival of a sixty-four gun ship and two frigates in our bay, being part of the fleet of our good ally at Rhode Island. Could theyget at the British fleet here, they are sufficient to destroy them; butthese being drawn up into Elizabeth river, into which the sixty-fourcannot enter, I apprehend they could do nothing more than block up theriver. This, indeed, would reduce the enemy, as we could cut off theirsupplies by land; but the operation being tedious, would probably betoo dangerous for the auxiliary force. Not having yet had any particularinformation of the designs of the French Commander, I cannot pretend tosay what measures this aid will lead to. 

Our proposition to the Cherokee Chiefs, to visit Congress, for thepurpose of preventing or delaying a rupture with that nation, was toolate. Their distresses had too much ripened their alienation from us, and the storm had gathered to a head, when Major Martin got back. It wasdetermined to carry the war into their country, rather than await itin ours, and thus disagreeably circumstanced, the issue has beensuccessful. 

The militia' of this State and North Corolina penetrated into theircountry, burned almost every town they had, amounting to about onethousand houses in the whole, destroyed fifty thousand bushels of grain, killed twenty-nine, and took seventeen prisoners. The latter are mostlywomen and children. 

I have the honor to be, &c. Your Excellency's

most obedient, humble servant, Th: Jefferson. 

P. S. Since writing the above, I have received information which, thoughnot authentic, deserves attention: that Lord Cornwallis had got toBoyd's Ferry on the 14th. I am issuing orders, in consequence, to othercounties, to embody and march all the men they can arm. In this fatalsituation, without arms, there will be no safety for the Conventiontroops but in their removal, which I shall accordingly order. Theprisoners of the Cowpens were at New London (Bedford Court House) on the14th. T. J. 

LETTER XLIV. --TO GENERAL GATES, February 17, 1781

TO GENERAL GATES. 

Richmond, February 17, 1781. 

Dear General, The situation of affairs here and in Carolina is such as must shortlyturn up important events, one way orihe other. By letter from GeneralGreene, dated Guilford Court House, February the 10th, I learn thatLord Cornwallis, rendered furious by the affair of the Cowpens and thesurprise of Georgetown, had burned his own wagons, to enable himselfto move with facility, had pressed on to the vicinity of the Moraviantowns, and was still advancing: The prisoners taken at the Cowpenswere saved by a hair's-breadth accident, and Greene was retreating. His force, two thousand regulars, and no militia; Cornwallis, threethousand. General Davidson was killed in a skirmish. Arnold lies stillat Portsmouth with fifteen hundred men. A French sixty-four gun shipand two frigates, of thirty-six each, arrived in our bay three days ago. They would suffice to destroy the British shipping here (a forty, fourfrigates, and a twenty), could they get at them. But these are withdrawnup Elizabeth river, which the sixty-four cannot enter. We have orderedabout seven hundred riflemen from Washington, Montgomery, and Bedford, and five hundred common militia from Pittsylvania and Henry, toreinforce General Greene; and five hundred new levies will march fromChesterfield Court House in a few days. I have no doubt, however, thatthe southwestern counties will have turned out in greater numbers beforeour orders reach them. 

I have been knocking at the door of Congress for aids of all kinds, but especially of arms, ever since the middle of summer. The speaker, Harrison, is gone to be heard on that subject. Justice, indeed, requiresthat we should be aided powerfully. Yet if they would repay us the armswe have lent them, we should give the enemy trouble, though abandoned toourselves. 

After repeated applications, I have obtained a warrant for your advancemoney, £18, 000, which I have put into the hands of Mr. McAlister, toreceive the money from the Treasurer, and carry it to you. 

I am, with very sincere esteem, Dear Sir, your friend and servant, Th: Jefferson. 

LETTER XLV. --TO GENERAL WASHINGTON, February 26, 1781

TO HIS EXCELLENCY GENERAL WASHINGTON. 

Richmond, February 26, 1781. 

Sir, I gave you information in my last letter, that General Greene hadcrossed the Dan, at Boyd's Ferry, and that Lord Cornwallis had arrivedat the opposite shore. Large reinforcements of militia having embodiedboth in front and rear of the enemy, he is retreating with as muchrapidity as he advanced; his route is towards Hillsborough. GeneralGreene re-crossed the Dan on the 21st, in pursuit of him. I have thepleasure to inform you, that the spirit of opposition was as universal, as could have been wished for. There was no restraint on the numbersthat embodied, but the want of arms. 

The British at Portsmouth lie close in their lines. The French squadronkeep them in by water, and since their arrival, as they put it out ofthe power of the enemy to cut off our retreat by sending up Nansemondriver, our force has been moved down close to their lines. 

I have the honor to be, with the greatest respect, your most obedient

and most humble servant, Th: Jefferson. 

LETTER XLVI. --TO GENERAL WASHINGTON, March 8, 1781

TO HIS EXCELLENCY GENERAL WASHINGTON. 

Richmond, March 8, 1781. 

Sir, I had the pleasure of receiving a letter from General Greene, datedHigh-rock Ford, February 29th (probably March the 1st), who informs me, that, on the night of the 24th, Colonel M'Call surprised a subaltern'sguard at Hart's Mill, killed eight, and wounded and took nine prisoners, and that on the 25th, General Pickens and Lieutenant Colonel Lee routeda body of near three hundred tories, on the Haw river, who were in armsto join the British army, killed upwards of one hundred, and woundedmost of the rest; which had a very happy effect on the disaffected inthat country. 

By a letter from Major Magill, an officer of this State, whom I had sentto General Greene's head-quarters, for the purpose of giving us regularintelligence, dated Guilford County, March 2nd, I am informed thatLord Cornwallis, on his retreat, erected the British standard atHillsborough; that numbers of disaffected, under the command of ColonelPiles, were resorting to it, when they were intercepted by GeneralPickens and Lieutenant Colonel Lee, as mentioned by General Greene; andthat their commanding officer was among the slain: that Lord Cornwallis, after destroying every thing he could, moved down the Haw river fromHillsborough: that General Greene was within six miles of him: that oursuperiority in the goodness, though not in the number of our cavalry, prevented the enemy from moving with rapidity, or foraging. Having beenparticular in desiring Major Magill to inform me what corps of militia, from this State, joined General Greene, he accordingly mentioned, thatseven hundred under General Stevens, and four hundred from Botetourt, had actually joined him; that Colonel Campbell was to join, him thatday with six hundred, and that Colonel Lynch, with three hundred fromBedford, was shortly expected: the last three numbers being riflemen. Besides these mentioned by Major Magill, General Lawson must, beforethis, have crossed Roanoke with a body of militia, the number of whichhas not been stated to me. Report makes them a thousand, but I supposethe number to be exaggerated. Four hundred of our new levies leftChesterfield Court House on the 25th of February, and probably wouldcross the Roanoke about the 1st or 2nd of March. 

I was honored with your Excellency's letter of February the 21st, withinseven days after its date. We have, accordingly, been making everypreparation on our part, which we are able to make. The militia proposedto co-operate, will be upwards of four thousand from this State, andone thousand or twelve hundred from Carolina, said to be under GeneralGregory. The enemy are, at this time, in a great measure blockaded byland, there being a force on the east side of Elizabeth river. Theysuffer for provisions, as they are afraid to venture far, lest theFrench squadron should be in the neighborhood, and come upon them. Wereit possible to block up the river, a little time would suffice to reducethem by want and desertions, and would be more sure in its event than anattempt by storm. I shall be very happy to have it in my power to handyou a favorable account of these two armies in the South. 

I have the honor to be, with the greatest esteem and respect, your Excellency's most obedient

and most humble servant, Th: Jefferson. 

LETTER XLVII. --TO THE PRESIDENT OF CONGRESS, March 19, 1781

TO HIS EXCELLENCY THE PRESIDENT OF CONGRESS. 

Richmond, March 19, 1781;

Sir, I have the honor of enclosing to your Excellency a copy of a letter fromGeneral Greene, with some other intelligence received, not doubting youranxiety to know the movements in the South. 

I find we have deceived ourselves not a little, by counting on the wholenumbers of the militia which have been in motion, as if they had allremained with General Greene, when, in fact, they seem only to havevisited and quitted him. 

The Marquis Fayette arrived at New York on the 15th. His troops stillremained at the head of the bay, till the appearance of some force whichshould render their passage down safe. 

I have the honor to be, with sentiments of the highest esteem andrespect, your Excellency's

most obedient

and most humble servant, Th: Jefferson. 

LETTER XLVIII. --TO THE PRESIDENT OF CONGRESS, March 21, 1781

TO HIS EXCELLENCY THE PRESIDENT OF CONGRESS. 

Richmond, March 21, 1781. 

Sir, The enclosed letter will inform you of the arrival of a British fleet inChesapeake bay. 

The extreme negligence of our stationed expresses is no doubt the causewhy, as yet, no authentic account has reached us of a general action, which happened on the 15th instant, about a mile and a half fromGuilford Court House, between General Greene and Lord Cornwallis. Captain Singleton, an intelligent officer of Harrison's artillery, whowas in the action, has this moment arrived here, and gives the generalinformation that both parties were prepared and desirous for action;the enemy were supposed about twenty-five hundred strong, our army aboutfour thousand. That after a very warm and general engagement, of aboutan hour and a half, we retreated about a mile and a half from the field, in good order, having, as he supposed, between two and three hundredkilled and wounded, the enemy between five and seven hundred killed andwounded: that we lost four pieces of artillery: that the militia, aswell as regulars, behaved exceedingly well: that General Greene, hebelieves, would have renewed the action the next day, had it not provedrainy, and would renew it as soon as possible, as he supposes: that thewhole of his troops, both regulars and militia, were in high spirits andwishing a second engagement: that the loss has fallen pretty equally onthe militia and regulars: that General Stevens received a ball throughthe thigh. 

Major Anderson, of Maryland, was killed, and Captain Barrett, ofWashington's cavalry; Captain Fauntleroy, of the same cavalry, was shotthrough the thigh, and left in the field. 

Captain Singleton, having left the camp the day after the battle, does, not speak from particular returns, none such having been then made. Imust inform your Excellency from him, till more regular applications canreach you, that they are in extreme want of lead, cartridge-paper, andthread. I think it improper, however it might urge an instantaneoussupply, to repeat to you his statement of the extent of their stock ofthese articles. In a former letter, I mentioned to you the failure ofthe vein of our lead mines, which has left the army here in a state ofequal distress and danger. 

I have the honor to be, with very high respect and esteem, your Excellency's most obedient

and most humble servant, Th: Jefferson. 

P. S. Look-out boats have been ordered from the sea-board of the easternshore, to apprise the Commander of the French fleet, on its approach, ofthe British being in the Chesapeake. T. J. 

LETTER XLIX. --TO THE PRESIDENT OF CONGRESS, March 26, 1781

TO HIS EXCELLENCY THE PRESIDENT OF CONGRESS. 

In Council, Richmond, March 26, 1781. 

Sir, The appointment of commissioner to the war-office of this State havinglately become vacant, the Executive are desirous to place ColonelWilliam Davies, of the Virginia Continentals, in that office. Thisgentleman, however, declines undertaking it, unless his rank in thearmy, half pay for life and allowance for depreciation of pay, can bereserved to him; observing with justice, that these emoluments, distantas they are, are important to a person who has spent the most valuablepart of his youth in the service of his country. As this indulgencerests in the power of Congress alone, I am induced to request it of themon behalf of the State, to whom it is very interesting that the officebe properly filled, and I may say, on behalf of the Continent also, towhom the same circumstance is interesting, in proportion to its relianceupon this State for supplies to the southern war. We should not havegiven Congress the trouble of this application, had we found it easy tocall any other to the office, who was likely to answer our wishes in theexercise of it. 

I have the honor to be, with sentiments of the highest respect, your Excellency's most obedient

and most humble servant, Th: Jefferson. 

LETTER L. --TO THE PRESIDENT OF CONGRESS, March 28, 1781

TO HIS EXCELLENCY THE PRESIDENT OF CONGRESS. 

Richmond, March 28, 1781. 

Sir, I forward to your Excellency, under cover with this, copies of lettersreceived from Major General Greene and Baron Steuben, which will giveyou the latest account of the situation of things with us and in NorthCarolina. 

I observe a late resolve of Congress, for furnishing a number of arms tothe southern states; and I lately wrote you on the subject of ammunitionand cartridge-paper. How much of this State, the enemy thus reinforced, may think proper to possess themselves of, must depend on their ownmoderation and caution, till these supplies arrive. We had hoped toreceive, by the French squadron under Monsieur Destouches, elevenhundred stand of arms, which we had at Rhode Island, but weredisappointed. The necessity of hurrying forward the troops intended forthe southern operations will be doubtless apparent from this letter. 

I have the honor to be, with the greatest respect, your Excellency's most obedient

and most humble servant, Th: Jefferson. 

LETTER LI. --TO THE PRESIDENT OF CONGRESS, March 31, 1781

TO HIS EXCELLENCY THE PRESIDENT OF CONGRESS. 

Richmond, March 31, 1781. 

Sir, The letters and papers accompanying this, will inform your Excellency ofthe arrival of a British flag vessel with clothing, refreshments, money, &c. For their prisoners under the Convention of Saratoga. The gentlemenconducting them have, on supposition that the prisoners, or a part ofthem, still remained in this State, applied to me by letters, copiesof which I transmit your Excellency, for leave to allow watertransportation as far as possible, and then, for themselves to attendthem to the post where they are to be issued. These indulgencies wereusually granted them here, but the prisoners being removed, it becomesnecessary to transmit the application to Congress for their direction. In the mean time the flag will wait in James river. 

Our intelligence from General Greene's camp as late as the 24th, is, that Lord Cornwallis's march of the day before had decided his route toCross creek. 

The amount of the reinforcements to the enemy, arrived at Portsmouth, is not yet known with certainty. Accounts differ from fifteen hundred tomuch larger numbers. We are informed they have a considerable number ofhorse. The affliction of the people for want of arms is great; that ofammunition is not yet known to them. An apprehension is added, that, theenterprise on Portsmouth being laid aside, the troops under the MarquisFayette will not come on. An enemy three thousand strong, not a regularin the State, nor arms to put in the hands of the militia, are, indeed, discouraging circumstances. 

I have the honor to be, with sentiments of the highest respect, your Excellency's most obedient

and most humble servant

Th: Jefferson. 

LETTER LII. --TO THE PRESIDENT OF CONGRESS, April 7, 1781

TO HIS EXCELLENCY THE PRESIDENT OF CONGRESS. 

Richmond, April 7, 1781. 

Sir, Hearing that our arms from Rhode Island have arrived at Philadelphia, I have begged the favor of our Delegates to send them on in wagonsimmediately, and, for the conveyance of my letter, have taken theliberty of setting the Continental line of expresses in motion, which Ihope our distress for arms will justify, though the errand be not purelyContinental. 

I have nothing from General Greene later than the 27th of March; ouraccounts from Portsmouth vary the reinforcements which came underGeneral Phillips, from twenty-five hundred to three thousand. Arnold'sstrength before, was, I think, reduced to eleven hundred. They have madeno movement yet. Their preparation of boats is considerable; whetherthey mean to go southwardly or up the river, no leading circumstance hasyet decided. 

I have the honor to be, with the highest respect, your Excellency's most obedient

and most humble servant, Th: Jefferson, LETTER LIII. --TO THE PRESIDENT OF CONGRESS, April 18, 1781

TO HIS EXCELLENCY THE PRESIDENT OF CONGRESS. 

In Council, April 18, 1781. 

Sir, I was honored, yesterday, with your Excellency's favor enclosing theresolutions of Congress of the 8th instant, for removing stores andprovisions from the counties of Accomack and Northampton. We have thereno military stores, except a few muskets in the hands of the militia. There are some collections of forage and provisions belonging to theContinent, and some to the State, and the country there, generally, furnishes an abundance of forage. But such is the present condition ofChesapeake bay, that we cannot even get an advice-boat across it, withany certainty, much less adventure on transportation. Should, however, any interval happen, in which these articles may be withdrawn, we shallcertainly avail ourselves of it, and bring thence whatever we can. 

If I have been rightly informed, the horses there are by no means such, as that the enemy could apply them to the purposes of cavalry. Some, large enough for the draught, may, perhaps, be found, but of these notmany. 

I have the honor to be, with the greatest respect, your Excellency's most obedient

and most humble servant, Th: Jefferson. 

LETTER LIV. --TO GENERAL WASHINGTON, April 23, 1781

TO HIS EXCELLENCY GENERAL WASHINGTON

Richmond, April 23, 1781. 

Sir, On the 18th instant, the enemy came from Portsmouth up James river, inconsiderable force, though their numbers are not yet precisely known tous. They landed at Burwell's Ferry, below Williamsburg, and also ashort distance above the mouth of Chickahominy. This latter circumstanceobliged Colonel Innis, who commanded a body of militia, stationed onthat side the river to cover the country from depredation, to retireupwards, lest he should be placed between their two bodies. One of theseentered Williamsburg on the 20th, and the other proceeded to a ship-yardwe had on Chickahominy. What injury they did there, I am not yetinformed. I take for granted, they have burned an unfinished twenty-gunship we had there. Such of the stores belonging to the yard as weremoveable, had been carried some miles higher up the river. Two smallgalleys also retired up the river. Whether by this, either the storesor galleys were saved, is yet unknown. I am just informed from a privatehand, that they left Williamsburg early yesterday morning. If thissudden departure was not in consequence of some circumstance of alarmunknown to us, their expedition to Williamsburg has been unaccountable. There were no public stores at that place, but those which werenecessary for the daily subsistence of the men there. Where they meanto descend next, the event alone can determine. Besides harassing ourmilitia with this kind of war, the taking them from their farms at theinteresting season of planting their corn, will have an unfortunateeffect on the crop of the ensuing year. 

I have heard nothing certain of General Greene since the 6th instant, except that his head-quarters were on Little river on the 11th. 

I have the honor to be, with the highest respect and esteem, your Excellency's most obedient

and most humble servant, Th: Jefferson. 

LETTER LV. --TO GENERAL WASHINGTON, May 9, 1781

TO HIS EXCELLENCY GENERAL WASHINGTON. 

Richmond, May 9, 1781. 

Sir, Since the last letter which I had the honor of addressing to yourExcellency, the military movements in this State, except a very lateone, have scarcely merited communication. 

The enemy, after leaving Williamsburg, came directly up James river andlanded at City Point, being the point of land on the southern sideof the confluence of Appomatox and James rivers. They marched up toPetersburg, where they were received by Baron Steuben with a body ofmilitia somewhat under one thousand, who, though the enemy were twothousand and three hundred strong, disputed the ground very handsomely, two hours, during which time the enemy gained only one mile, and that byinches. Our troops were then ordered to retire over a bridge, which theydid in perfectly good order. Our loss was between sixty and seventy, killed, wounded, and taken. The enemy's is unknown, but it must be equalto ours; for their own honor they must confess this, as they broke twiceand run like sheep, till supported by fresh troops. An inferiority innumber obliged our force to withdraw about twelve miles upwards, tillmore militia should be assembled. The enemy burned all the tobacco inthe warehouses at Petersburg, and its, neighborhood. They afterwardsproceeded to Osborne's, where they did the same, and also destroyed theresidue of the public armed vessels, and several of private property, and then came to Manchester, which is on the hill opposite this place. 

By this time, Major General Marquis Fayette, having been advised ofour danger, had, by forced marches, got here with his detachment ofContinental troops; and reinforcements of militia having also come in, the enemy finding we were able to meet them on equal footing, thoughtproper to burn the warehouses and tobacco at Manchester, and retire toWarwick, where they did the same. Ill armed and untried militia, whonever before saw the face of an enemy, have, at times, during the courseof this war, given occasions of exultation to our enemies; but theyafforded us, while at Warwick, a little satisfaction in the same way. Six or eight hundred of their picked men of light-infantry, with GeneralArnold at their head, having crossed the river from Warwick, fled froma patrole of sixteen horse, every man into his boat as he could, somepushing north, some south, as their fears drove them. Their wholeforce then proceeded to the Hundred, being the point of land within theconfluence of the two rivers, embarked, and fell down the river. Theirforemost vessels had got below Burwell's Ferry on the 6th instant, whenon the arrival of a boat from Portsmouth, and a signal given, the wholecrowded sail up the river again with a fair wind and tide, and came toanchor at Brandon; there six days' provision was dealt out to everyman; they landed, and had orders to march an hour before day the nextmorning. We have not yet heard which way they went, or whether they havegone; but having, about the same time, received authentic informationthat Lord Cornwallis had, on the 1st instant, advanced from Wilmingtonhalf way to Halifax, we have no doubt, putting all circumstancestogether, that these two armies are forming a junction. 

We are strengthening our hands with militia, as far as arms, eitherpublic or private, can be collected, but cannot arm a force which mayface the combined armies of the enemy. It will, therefore, be of verygreat importance that General Wayne's forces be pressed on withthe utmost despatch. Arms and a naval force, however, are what mustultimately save us. This movement of our enemies we consider as mostperilous in its consequences. 

Our latest advices from General Greene were of the 26th ult. , whenhe was lying before Camden, the works and garrison of which were muchstronger than he had expected to find them. 

I have the honor to be, with great respect, your Excellency's most obedient, humble servant, Th: Jefferson, LETTER LVI. --TO THE VIRGINIA DELEGATES IN CONGRESS, May 10, 1781

TO THE VIRGINIA DELEGATES IN CONGRESS. 

In Council, May 10, 1781. 

Gentlemen, A small affair has taken place between the British commanding officerin this state, General Phillips, and the Executive, of which, as he mayendeavor to get rid of it through the medium of Congress, I think itnecessary previously to apprise you. 

General Scott obtained permission from the Commandant at Charleston, forvessels with necessary supplies to go from hence to them, but insteadof sending the original, sent only a copy of the permission taken by hisbrigade-major. I applied to General Phillips to supply this omissionby furnishing a passport for the vessel. Having just before taken greatoffence at a threat of retaliation in the treatment of prisoners, he enclosed his answer to my letter under this address, 'To ThomasJefferson Esq. , American Governor of Virginia. ' I paused on receivingthe letter, and for some time would not open it; however, when themiserable condition of our brethren in Charleston occurred to me, Icould not determine that they should be left without the necessaries oflife, while a punctilio should be discussing between the British Generaland myself; and knowing that I had an opportunity of returning thecompliment to Mr. Phillips in a case perfectly corresponding, I openedthe letter. 

Very shortly after, I received, as I expected, the permission of theboard of war, for the British flag-vessel, then in Hampton Roads withclothing and refreshments, to proceed to Alexandria. I enclosed andaddressed it, 'To William Phillips Esq. , commanding the British forcesin the Commonwealth of Virginia. ' Personally knowing Phillips to be theproudest man of the proudest nation on earth, I well know he will notopen this letter; but having occasion at the same time to write toCaptain Gerlach, the flag-master, I informed him that the Conventiontroops in this state should perish-for want of necessaries, before anyshould be carried to them through this state, till General Phillipseither swallowed this pill of retaliation, or made an apology for hisrudeness. And in this, should the matter come ultimately to Congress, wehope for their support. 

He has the less right to insist on the expedition of his flag, becausehis letter, instead of enclosing a passport to expedite ours, containedonly an evasion of the application, by saying he had referred it to SirHenry Clinton, and in the mean time, he has come up the river, and takenthe vessel with her loading, which we had chartered and prepared to sendto Charleston, and which wanted nothing but the passport to enable herto depart. 

I would further observe to you, that this gentleman's letters to theBaron Steuben first, and afterwards to the Marquis Fayette, have been ina style so intolerably insolent and haughty, that both these gentlemenhave, been obliged to inform him, that if he thinks proper to addressthem again in the same spirit, all intercourse shall be discontinued. 

I am, with great respect and esteem, Gentlemen, your most obedient servant, Th: Jefferson. 

LETTER LVII. --TO GENERAL WASHINGTON, May 28, 1781

TO HIS EXCELLENCY GENERAL WASHINGTON. 

Charlottesville, May 28, 1781. 

Sir, I make no doubt you will have heard, before this shall have the honor ofbeing presented to your Excellency, of the junction of Lord Cornwalliswith the force at Petersburg under Arnold, who had succeeded to thecommand on the death of Major General Phillips. I am now advised thatthey have evacuated Petersburg, joined at Westover a reinforcement oftwo thousand men just arrived from New York, crossed James river, andon the 26th instant were three miles advanced on their way towardsRichmond; at which place Major General the Marquis Fayette lay withthree thousand men, regulars and militia: these being the whole numberwe could arm, until the arrival of the eleven hundred arms from RhodeIsland, which are, about this time, at the place where our public storesare deposited, The whole force of the enemy within this State, fromthe best intelligence I have been able to get, is, I think, about seventhousand men, infantry and cavalry, including also the small garrisonleft at Portsmouth. A number of privateers, which are constantlyravaging the shores of our rivers, prevent us from receiving any aidfrom the counties lying on navigable waters: and powerful operationsmeditated against our western frontier, by a joint force of Britishand Indian savages, have, as your Excellency before knew, obliged usto embody between two and three thousand men in that quarter. YourExcellency will judge from this state of things, and from what you knowof our country, what it may probably suffer during the present campaign. Should the enemy be able to produce no opportunity of annihilating theMarquis's army, a small proportion of their force may yet restrainhis movements effectually, while the greater part are employed, indetachment, to waste an unarmed country, and lead the minds of thepeople to acquiescence under those events, which they see no human powerprepared to ward off. We are too far removed from the other scenes ofwar to say, whether the main force of the enemy be within this state. But I suppose they cannot any where spare so great an army for theoperations of the field. Were it possible for this circumstance tojustify in your Excellency a determination to lend us your personalaid, it is evident from the universal voice, that the presence oftheir beloved countryman, whose talents have so long been successfullyemployed in establishing the freedom of kindred States, to whose personthey have still flattered themselves they retained some right, and haveever looked up, as their dernier resort in distress, would restore fullconfidence of salvation to our citizens, and would render them equal towhatever is not impossible. I cannot undertake to foresee and obviatethe difficulties which lie in the way of such a resolution. The wholesubject is before you, of which I see only detached parts: and yourjudgment will be formed on a view of the whole. Should the danger ofthis State, and its consequence to the Union, be such, as to renderit best for the whole that you should repair to its assistance, thedifficulty would then be, how to keep men out of the field. I haveundertaken to hint this matter to your Excellency, not only on my ownsense of its importance to us, but at the solicitations of many membersof weight in our legislature, which has not yet assembled to speak theirown desires. 

A few days will bring to me that relief which the constitution hasprepared for those oppressed with the labors of my office, and a longdeclared resolution of relinquishing it to abler hands, has preparedmy way for retirement to a private station: still, as an individual, Ishould feel the comfortable effects of your presence, and have (what Ithought could not have been) an additional motive for that gratitude, esteem, and respect, with which

I have the honor to be, your Excellency's most obedient, humble servant, Th: Jefferson. 

 [An interval of near three years here occurs in the Author's correspondence, during which he preserved only memoranda of the contents of the letters written by him. ]

*****

LETTER, LVIII. --TO GENERAL WASHINGTON, April 16, 1784

TO GENERAL WASHINGTON. 

Annapolis, April 16, 1784. 

Dear Sir, I received your favor of April the 8th, by Colonel Harrison, The subjectof it is interesting, and, so far as you have stood connected with it, has been matter of anxiety to me; because, whatever may be the ultimatefate of the institution of the Cincinnati, as, in its course, it drawsto it some degree of disapprobation, I have wished to see you standingon ground separated from it, and that the character which will be handedto future ages at the head of our Revolution, may, in no instance, becompromitted in subordinate altercations. The subject has been at thepoint of my pen in every letter I have written to you, but has beenstill restrained by the reflection that you had among your friends moreable counsellors, and, in yourself, one abler than them all. Your letterhas now rendered a duty what was before a desire, and I cannot bettermerit your confidence than by a full and free communication of factsand sentiments, as far as they have come within my observation. When thearmy was about to be disbanded, and the officers to take final leave, perhaps never again to meet, it was natural for men who had accompaniedeach other through so many scenes of hardship, of difficulty and danger, who, in a variety of instances, must have been rendered mutually dearby those aids and good offices, to which their situations had givenoccasion, it was natural, I say, for these to seize with fondness anyproposition which promised to bring them together again, at certain andregular periods. And this, I take for granted, was the origin and objectof this institution: and I have no suspicion that they foresaw, muchless intended, those mischiefs which exist perhaps in the forebodings ofpoliticians only. I doubt, however, whether in its execution, it wouldbe found to answer the wishes of those who framed it, and to fosterthose friendships it was intended to preserve. The members would bebrought together at their annual assemblies no longer to encounter acommon enemy, but to encounter one another in debate and sentiment. For something, I suppose, is to be done at these meetings, and, however unimportant, it will suffice to produce difference of opinion, contradiction, and irritation. The way to make friends quarrel is to putthem in disputation under the public eye. An experience of near twentyyears has taught me, that few friendships stand this test, and thatpublic assemblies where every one is free to act and speak, are themost powerful looseners of the bands of private friendship. I think, therefore, that this institution would fail in its principal object, theperpetuation of the personal friendships contracted through the war. 

The objections of those who are opposed to the institution shall bebriefly sketched. You will readily fill them up. They urge that itis against the Confederation--against the letter of some of ourconstitutions--against the spirit of all of them;--that the foundationon which all these are built, is the natural equality of man, thedenial of every pre-eminence but that annexed to legal office, and, particularly, the denial of a pre-eminence by birth; that however, intheir present dispositions, citizens might decline accepting honoraryinstalments[sp. ]into the order; but a time, may come, when a changeof dispositions would render these flattering, when a well directeddistribution of them might draw into the order all the men of talents, of office, and wealth, and in this case, would probably procure aningraftment into the government; that in this, they will be supported bytheir foreign members, and the wishes and influence of foreign courts;that experience has shown that the hereditary branches of moderngovernments are the patrons of privilege and prerogative, and not of thenatural rights of the people, whose oppressors they generally are:that besides these evils, which are remote, others may take placemore immediately; that a distinction is kept up between the civil andmilitary, which it is for the happiness of both to obliterate; that whenthe members assemble the, will be proposing to do something, and whatthat something may be, will depend on actual circumstances; that beingan organized body, under habits of subordination, the first obstructionto enterprise will be already surmounted; that the moderation and virtueof a single character have probably prevented this Revolution from beingclosed as most others have been, by a subversion of that liberty it wasintended to establish; that he is not immortal, and his successor, orsome of his successors, may be led by false calculation into a lesscertain road to glory. 

What are the sentiments of Congress on this subject, and what line theywill pursue, can only be stated, conjecturally. Congress as a body, ifleft to themselves, will in my opinion say nothing on the subject. Theymay, however, be forced into a declaration by instructions from someof the States, or by other incidents. Their sentiments, if forced fromthem, will be unfriendly to the institution. If permitted to pursuetheir own path, they will check it by side-blows whenever it comes intheir way, and in competitions for office, on equal or nearly equalground, will give silent preferences to those who are not of thefraternity. My reasons for thinking this are, 1. The grounds on whichthey lately declined the foreign order proposed to be conferred onsome of our citizens. 2. The fourth of the fundamental articles ofconstitution for the new States. I enclose you the report; it hasbeen considered by Congress, recommitted and reformed by a committee, according to sentiments expressed on other parts of it, but theprinciple referred to, having not been controverted at all, stands inthis as in the original report; it is not yet confirmed by Congress. 3. Private conversations on this subject with the members. Since thereceipt of your letter I have taken occasion to extend these; not, indeed, to the military members, because, being of the order, delicacyforbade it, but to the others pretty generally; and, among these, I haveas yet found but one who is not opposed to the institution, and thatwith an anguish of mind, though covered under a guarded silence whichI have not seen produced by any circumstance before. I arrived atPhiladelphia before the separation of the last Congress, and saw thereand at Princeton some of its members not now in delegation. Burke'spiece happened to come out at that time, which occasioned thisinstitution to be the subject of conversation. I found the sameimpressions made on them which their successors have received. I hearfrom other quarters that it is disagreeable, generally, to such citizensas have attended to it, and, therefore, will probably be so to all, whenany circumstance shall present it to the notice of all. 

This, Sir, is as faithful an account of sentiments and facts as I amable to give you. You know the extent of the circle within which myobservations are at present circumscribed, and can estimate how far, asforming a part of the general opinion, it may merit notice, or ought toinfluence your particular conduct. 

It now remains to pay obedience to that part of your letter, whichrequests sentiments on the most eligible measures to be pursued by thesociety, at their next meeting. I must be far from pretending to be ajudge of what would, in fact, be the most, eligible measures for thesociety. I can only give you the opinions of those with whom I haveconversed, and who, as I have before observed, are unfriendly to it. They lead to these conclusions. 1. If the society proceed according toits institution, it will be better to make no applications to Congresson that subject, or any other, in their associated character. 2. If theyshould propose to modify it, so as to render it unobjectionable, I thinkit would not be effected without such a modification as wouldamount almost to annihilation: for such would it be to part with itsinheritability, its organization, and its assemblies. 3. If they shallbe disposed to discontinue the whole, it would remain with them todetermine whether they would choose it to be done by their own act only, or by a reference of the matter to Congress, which would infalliblyproduce a recommendation of total discontinuance. 

You will be sensible, Sir, that these communications are withoutreserve. I supposed such to be your wish, and mean them but asmaterials, with such others as you may collect, for your better judgmentto work on. I consider the whole matter as between ourselves alone, having determined to take no active part in this or any thing else, which may lead to altercation, or disturb that quiet and tranquillity ofmind, to which I consign the remaining portion of my life. I have beenthrown back by events, on a stage where I had never more thought toappear. It is but for a time, however, and as a day-laborer, free towithdraw, or be withdrawn at will. While I remain, I shall pursue insilence the path of right, but in every situation, public or private, I shall be gratified by all occasions of rendering you service, and ofconvincing you there is no one, to whom your reputation and happinessare dearer than to, Sir, your most obedient

and most humble servant, Th: Jefferson. 

LETTER LIX. --TO COLONEL URIAH FORREST, October 20, 1784

TO COLONEL URIAH FORREST. 

Paris, Cul-de-Sac Tetebout, October 20, 1784. 

Sir, I received yesterday your favor of the 8th instant, and this morningwent to Auteuil and Passy, to consult with Mr. Adams and Dr. Franklinon the subject of it. We conferred together, and think it is a case inwhich we could not interpose (were there as yet cause for interposition)without express instructions from Congress. It is, however, our privateopinion, which we give as individuals, only, that Mr. McLanahan, whilein England, is subject to the laws of England; that, therefore, he mustemploy counsel, and be guided in his defence by their advice. The lawof nations and the treaty of peace, as making a part of the law of theland, will undoubtedly be under the consideration of the judges whopronounce on Mr. McLanahan's case; and we are willing to hope that, intheir knowledge and integrity, he will find certain resources againstinjustice, and a reparation of all injury to which he may have beengroundlessly exposed. A final and palpable failure on their part, whichwe have no reason to apprehend, might make the case proper for theconsideration of Congress. 

I have the honor to be, with sentiments of great respect and esteem, forMr. McLanahan, as well as yourself. 

Sir, your most obedient, humble servant, Th: Jefferson. 

LETTER LX. --TO JOHN JAY, May 11, 1785

TO JOHN JAY. 

Paris, May 11, 1785. 

Sir, I was honored on the 2nd instant with the receipt of your favor of Marchthe 15th, enclosing the resolution of Congress of the 10th of the samemonth, appointing me their Minister Plenipotentiary at this court, andalso of your second letter of March 22nd, covering the commission andletter of credence for that appointment. I beg permission through you, Sir, to testify to Congress my gratitude for this new mark of theirfavor, and my assurances of endeavoring to merit it by a faithfulattention to the discharge of the duties annexed to it. Fervent zeal isall which I can be sure of carrying into their service; and where I failthrough a want of those powers which nature and circumstances deny me, Ishall rely on their indulgence, and much also on that candor with whichyour Goodness will present my proceedings to their eye. The kind termsin which you are pleased to notify this honor to me, require mv sincerethanks. I beg you to accept them, and to be assured of the perfectesteem, with which I have the honor to be, Sir, your most obedient andmost humble servant, Th: Jefferson. 

LETTER LXI. --TO GENERAL CHASTELLUX, June 7, 1785

TO GENERAL CHASTELLUX. 

Paris, June 7, 1785. 

Dear Sir, I have been honored with the receipt of your letter of the 2nd instant, and am to thank you, as I do sincerely, for the partiality with whichyou receive the copy of the Notes on my country. As I can answer for thefacts therein reported on my own observation, and have admitted none onthe report of others, which were not supported by evidence sufficient tocommand my own assent, I am not afraid that you should make any extractsyou please for the Journal de Physique, which come within their planof publication. The strictures on slavery and on the constitution ofVirginia, are not of that kind, and they are the parts which I donot wish to have made public, at least, till I know whether theirpublication would do most harm or good. It is possible, that in myown country, these strictures might produce an irritation, which wouldindispose the people towards the two great objects I have in view, that is, the emancipation of their slaves, and the settlement of theirconstitution on a firmer and more permanent basis. If I learn fromthence, that they will not produce that effect, I have printed andreserved just copies enough to be able to give one to every young man atthe College. It is to them I look, to the rising generation, and notto the one now in power, for these great reformations. The other copy, delivered at your hotel, was for Monsieur de Buffon. I meant to ask thefavor of you to have it sent to him, as I was ignorant how to do it. Ihave one also for Monsieur Daubenton, but being utterly unknown to him, I cannot take the liberty of presenting it, till I can do it throughsome common acquaintance. 

I will beg leave to say here a few words on the general question of thedegeneracy of animals in America. 1. As to the degeneracy of the man ofEurope transplanted to America, it is no part of Monsieur de Buffon'ssystem. He goes, indeed, within one step of it, but he stops there. TheAbbe Raynal alone has taken that step. Your knowledge of America enablesyou to judge this question; to say, whether the lower class of peoplein America, are less informed, and less susceptible of information, than the lower class in Europe: and whether those in America who havereceived such an education as that country can give, are less improvedby it than Europeans of the same degree of education. 2. As to theaboriginal man of America, I know of no respectable evidence on whichthe opinion of his inferiority of genius has been founded, but that ofDon Ulloa. As to Robertson, he never was in America; he relates nothingon his own knowledge; he is a compiler only of the relations of others, and a mere translator of the opinions of Monsieur de Buffon. I shouldas soon, therefore, add the translators of Robertson to the witnesses ofthis fact, as himself. Paw, the beginner of this charge, was a compilerfrom the works of others; and of the most unlucky description; forhe seems to have read the writings of travellers, only to collect andrepublish their lies. It is really remarkable, that in three volumes12mo, of small print, it is scarcely possible to find one truth, andyet, that the author should be able to produce authority for everyfact he states, as he says he can. Don Ulloa's testimony is of the mostrespectable. He wrote of what he saw, but he saw the Indian of SouthAmerica only, and that, after he had passed through ten generations ofslavery. It is very unfair, from this sample, to judge of the naturalgenius of this race of men; and after supposing that Don Ulloa had notsufficiently calculated the allowance which should be made for thiscircumstance, we do him no injury in considering the picture he drawsof the present Indians of South America, as no picture of what theirancestors were, three hundred years ago. It is in North America we areto seek their original character. And I am safe in affirming that theproofs of genius given by the Indians of North America, place them ona level with whites in the same uncultivated state. The North of Europefurnishes subjects enough for comparison with them, and for a proof oftheir equality. I have seen some thousands myself, and conversed muchwith them, and have found in them a masculine, sound understanding. Ihave had much information from men who had lived among them, and whoseveracity and good sense were so far known to me, as to establish areliance on their information. They have all agreed in bearing witnessin favor of the genius of this a people. As to their bodily strength, their manners rendering it disgraceful to labor, those muscles employedin labor will be weaker with them, than with the European laborer; butthose which are exerted in the chase, and those faculties whichare employed in the tracing an enemy or a wild beast, in contrivingambuscades for him, and in carrying them through their execution, aremuch stronger than with us, because they are more exercised. I believethe Indian, then, to be, in body and mind, equal to the white man. Ihave supposed the black man, in his present state, might not be so; butit would be hazardous to affirm, that, equally cultivated for a fewgenerations, he would not become so. 3. As to the inferiority of theother animals of America, without more facts, I can add nothing to whatI have said in my Notes. 

As to the theory of Monsieur de Buffon, that heat is friendly, andmoisture adverse to the production of large animals, I am latelyfurnished with a fact by Dr. Franklin, which proves the air of Londonand of Paris to be more humid than that of Philadelphia, and so createsa suspicion that the opinion of the superior humidity of America, may, perhaps, have been too hastily adopted. And supposing that factadmitted, I think the physical reasonings urged to show, that in a moistcountry animals must be small, and that in a hot one they must be large, are not built on the basis of experiment. These questions, however, cannot be decided ultimately, at this day. More facts must be collected, and more time flow off, before the world will be ripe for decision. Inthe mean time, doubt is wisdom. 

I have been fully sensible of the anxieties of your situation, and thatyour attentions were wholly consecrated, where alone they were whollydue, to the succor of friendship and worth. However much I prize yoursociety, I wait with patience the moment when I can have it withouttaking what is due to another. In the mean time, I am solaced with thehope of possessing your friendship, and that it is not ungrateful toyou to receive the assurances of that with which I have the honor to be, Dear Sir, your most obedient

and most humble servant, Th: Jefferson. 

LETTER LXII. --TO JOHN ADAMS, June 15, 1785

TO JOHN ADAMS. 

Passy, June 15, 1785. 

Sir, Among the instructions given to the ministers of the United States fortreating with foreign powers, was one of the 11th of May, 1784, relativeto an individual of the name of John Baptist Picquet. It contains anacknowledgement, on the part of Congress, of his merits and sufferingsby friendly services rendered to great numbers of American seamencarried prisoners into Lisbon, and refers to us the delivering himthese acknowledgements in honorable terms, and the making him suchgratification, as may indemnify his losses, and properly reward hiszeal. This person is now is Paris, and asks whatever return is intendedfor him. Being in immediate want of money, he has been furnished withten guineas. He expressed, desires of some appointment either forhimself or son at Lisbon, but has been told that none such are in ourgift, and that nothing more could be done for him in that line, than tomention to Congress that his services will merit their recollection, ifthey should make any appointment there analogous to his talents. He sayshis expenses in the relief of our prisoners have been upwards of fiftymoidores. Supposing that, as he is poor, a pecuniary gratification willbe most useful to him, we propose, in addition to what he has received, to give him a hundred and fifty guineas, or perhaps four thousandlivres, and to write a joint letter to him expressing the sense Congressentertain of his services. We pray you to give us your sentiments onthis subject by return of the first post, as he is waiting here, and wewish the aid of your counsels therein. 

We are to acknowledge the receipt of your letter of June 3rd, informingus of your reception at the court of London. 

I am, with sentiments of great respect and esteem, Dear Sir, your friend and servant, Th: Jefferson. 

LETTER LXIII. --TO THE GOVERNOR OF VIRGINIA, June 16, 1785

TO THE GOVERNOR OF VIRGINIA. 

Paris, June 16, 1785. 

Sir, I had the honor of receiving, the day before yesterday, the resolutionof Council, of March the 10th, and your letter of March the 30th, andshall, with great pleasure, unite my endeavors with those of the Marquisde la Fayette and Mr. Barclay, for the purpose of procuring the armsdesired. Nothing can be more wise than this determination to arm ourpeople, as it is impossible to say when our neighbors may think properto give them exercise. I suppose that the establishing a manufactureof arms, to go hand in hand with the purchase of them from hence, is atpresent opposed by good reasons. This alone would make us independentfor an article essential to our preservation; and workmen could probablybe either got here, or drawn from England, to be embarked hence. 

In a letter of January the 12th, to Governor Harrison, I informed him ofthe necessity that the statuary should see General Washington; that weshould accordingly send him over unless the Executive disapproved of it, in which case I prayed to receive their pleasure. Mr. Houdon being newre-established in his health, and no countermand received, I hope thismeasure met the approbation of the Executive: Mr. Houdon will thereforego over with Dr. Franklin, some time in the next month. 

I have the honor of enclosing you the substance of propositions whichhave been made from London to the Farmers General of this country, to furnish them with the tobacco of Virginia and Maryland, whichpropositions were procured for me by the Marquis de la Fayette. I takethe liberty of troubling you with them, on a supposition that it may bepossible to have this article furnished from those two States to thiscountry, immediately, without its passing through the _entrepot_of London, and the returns for it being made, of course, in Londonmerchandise. Twenty thousand hogsheads of tobacco a year, delivered herein exchange for the produce and manufactures of this country, manyof which are as good, some better, and most of them cheaper than inEngland, would establish a rivalship for our commerce, which would havehappy effects in all the three countries. Whether this end will be besteffected by giving out these propositions to our merchants, and excitingthem to become candidates with the Farmers General for this contract, orby any other means, your Excellency will best judge on the spot. 

I have the honor to be, with sentiments of due respect, yourExcellency's most obedient

and most humble servant, Th: Jefferson. 

P. S. I have written on the last subject to the Governor of Marylandalso. 

LETTER LXIV. --TO COLONEL MONROE, June 17, 1785

TO COLONEL MONROE. 

Paris, June 17, 1785. 

Dear Sir, I received three days ago your favor of April the 12th. You thereinspeak of a former letter to me, but it has not come to hand, nor anyother of later date than the 14th of December. My last to you was of the11th of May, by Mr. Adams, who went in the packet of that month. Theseconveyances are now becoming deranged. We have had expectations of theircoming to Havre, which would infinitely facilitate the communicationbetween Paris and Congress; but their deliberations on the subject seemto be taking another turn. They complain of the expense, and that theircommerce with us is too small to justify it. They therefore talk ofsending a packet every six weeks only. The present one, therefore, whichshould have sailed about this time, will not sail till the 1st of July. However, the whole matter is as yet undecided. I have hopes that whenMr. St. John arrives from New York, he will get them replaced ontheir monthly system. By the bye, what is the meaning of a veryangry resolution of Congress on his subject? I have it not by me, andtherefore cannot cite it by date, but you will remember it, and obligeme by explaining its foundation. This will be handed you by Mr. Otto, who comes to America as Charge, des Affaires, in the room of Mr. Marbois, promoted to the Intendancy of Hispaniola, which office is nextto that of Governor. He becomes the head of the civil, as the Governoris of the military department. 

I am much pleased with Otto's appointment; he is good-humored, affectionate to America, will see things in a friendly light when theyadmit of it, in a rational one always, and will not pique himself onwriting every trifling circumstance of irritation to his court. Iwish you to be acquainted with him, as a friendly intercourse betweenindividuals who do business together, produces a mutual spirit ofaccommodation useful to both parties. It is very much our interest tokeep up the affection of this country for us, which is considerable. A court has no affections; but those of the people whom they govern, influence their decisions even in the most arbitrary governments. 

The negotiations between the Emperor and Dutch are spun out to anamazing length. At present there is no apprehension but that they willterminate in peace. This court seems to press it with ardor, and theDutch are averse, considering the terms cruel and unjust, as theyevidently are. The present delays, therefore, are imputed to theircoldness and to their forms. In the mean time, the Turk is delaying thedemarcation of limits between him and the Emperor, is making the mostvigorous preparations for war, and has composed his ministry of warlikecharacters, deemed personally hostile, to the Emperor. Thus time seemsto be spinning out, both by the Dutch and Turks, and time is wantingfor France. Every year's delay is a great thing for her. It is notimpossible, therefore, but that she may secretly encourage the delaysof the Dutch, and hasten the preparations of the Porte, while she isrecovering vigor herself also, in order to be able to present such acombination to the Emperor as may dictate to him to be quiet. But thedesigns of these courts are unsearchable. It is our interest to praythat this country may have no continental war, till our peace withEngland is perfectly settled. The. Merchants of this country continue asloud and furious as ever against the _Arrêt_ of August, 1784, permittingour commerce with their islands to a certain degree. Many of them haveactually abandoned their trade. The ministry are disposed to be firm;but there is a point at which they will give way: that is, if theclamors should become such as to endanger their places. It is evidentthat nothing can be done by us, at this time, if we may hope ithereafter. I like your removal to New York, and hope Congress willcontinue there, and never execute the idea of building their Federaltown. Before it could be finished, a change of members in Congress, orthe admission of new States, would remove them some where else. It isevident that when a sufficient number of the western states come in, they will remove it to Georgetown. In the mean time, it is our interestthat it should remain where it is, and give no new pretensions to anyother place. I am also much pleased with the proposition to the Statesto invest Congress with the regulation of their trade, reserving itsrevenue to the States. I think it a happy idea, removing the onlyobjection which could have been justly made to the proposition. The timetoo is the present, before the admission of the western States. I amvery differently affected towards the new plan of opening our landoffice, by dividing the lands among the States, and selling them atvendue. It separates still more the interests of the States, which oughtto be made joint in every possible instance, in order to cultivate theidea of our being one nation, and to multiply the instances in which thepeople should look up to Congress as their head. And when the States gettheir portions they will either fool them away, or make a job of it toserve individuals. Proofs of both these practices have been furnished, and by either of them that invaluable fund is lost, which ought to payour public debt. To sell them at vendue, is to give them to the biddersof the day, be they many or few. It is ripping up the hen which laysgolden eggs. If sold in lots at a fixed price, as first proposed, thebest lots will be sold first; as these become occupied, it gives a valueto the interjacent ones, and raises them, though of inferior quality, tothe price of the first. I send you by Mr. Otto, a copy of my book. Be sogood as to apologize to Mr. Thomson for my not sending him one by thisconveyance. I could not burthen Mr. Otto with more, on so long a road asthat from here to L'Orient. I will send him one by a Mr. Williams, whowill go ere long. I have taken measures to prevent its publication. Myreason is, that I fear the terms in which I speak of slavery, and of ourconstitution, may produce an irritation which will revolt the minds ofour countrymen against reformation in these two articles, and thus domore harm than good. I have asked of Mr. Madison to sound this matter asfar as he can, and if he thinks it will not produce that effect, I havethen copies enough printed to give one to each of the young men at theCollege, and to my friends in the country. 

I am sorry to see a possibility of * * being put into the Treasury. He has no talents for the office, and what he has, will be employed inrummaging old accounts to involve you in eternal war with * *, and hewill, in a short time, introduce such dissensions into the commission, as to break it up. If he goes on the other appointment to Kaskaskia, hewill produce a revolt of that settlement from the United States. Ithank you for your attention to my outfit. For the articles of householdfurniture, clothes, and a carriage, I have already paid twenty-eightthousand livres, and have still more to pay. For the greatest part ofthis, I have been obliged to anticipate my salary, from which, however, I shall never be able to repay it. I find, that by a rigid economy, bordering however on meanness, I can save perhaps, five hundred livres amonth, at least in the summer. The residue goes for expenses so much ofcourse and of necessity, that I cannot avoid them without abandoningall respect to my public character. Yet I will pray you to touch thisstring, which I know to be a tender one with Congress, with the utmostdelicacy. I had rather be ruined in my fortune, than in their esteem. If they allow me half a year's salary as an outfit, I can get through mydebts in time. If they raise the salary to what it was, or even pay ourhouse rent and taxes, I can live with more decency. I trust that Mr. Adams's house at the Hague, and Dr. Franklin's at Passy, --the rent ofwhich has been always allowed him, will give just expectations of thesame allowance to me. Mr. Jay, however, did not charge it, but he livedeconomically and laid up money. 

I will take the liberty of hazarding to you some thoughts on the policyof entering into treaties with the European nations, and the nature ofthem. I am not wedded to these ideas, and, therefore, shall relinquishthem cheerfully when Congress shall adopt others, and zealously endeavorto carry theirs into effect. First, as to the policy of making treaties. Congress, by the Confederation, have no original and inherent power overthe commerce of the States. But by the 9th article, they are authorizedto enter into treaties of commerce. The moment these treaties areconcluded, the jurisdiction of Congress over the commerce of the States, springs into existence, and that of the particular States is supersededso far as the articles of the treaty may have taken up the subject. There are two restrictions only, on the exercise of the power of treatyby Congress. 1st. That they shall not, by such treaty, restrain thelegislatures of the States from imposing such duties on foreigners, as their own people are subject to: nor 2ndly, from prohibiting theexportation or importation of any particular species of goods. Leavingthese two points free, Congress may, by treaty, establish any system ofcommerce they please; but, as I before observed, it is by treatyalone they can do it. Though they may exercise their other powers byresolution or ordinance, those over commerce can only be exercised byforming a treaty, and this, probably, by an accidental wording of ourConfederation. If, therefore, it is better for the States that Congressshould regulate their commerce, it is proper that they should formtreaties with all nations with whom we may possibly trade. You see thatmy primary object in the formation of treaties, is to take the commerceof the States out of the hands of the States, and to place it under thesuperintendence of Congress, so far as the imperfect provisions of ourconstitution will admit, and until the States shall, by new compact, make them more perfect. I would say then to every nation on earth, by treaty, your people shall trade freely with us, and ours with you, paying no more than the most favored nation in order to put an end tothe right of individual States, acting by fits and starts, to interruptour commerce or to embroil us with any nation. As to the terms of thesetreaties, the question becomes more difficult. I will mention threedifferent plans. 1. That no duties shall be laid by either party onthe productions of the other. 2. That each may be permitted to equalizetheir duties to those laid by the other. 3. That each shall pay in theports of the other, such duties only as the most favored nations pay. 

1. Were the nations of Europe as free and unembarrassed of establishedsystems as we are, I do verily believe they would concur with us in thefirst plan. But it is impossible. These establishments are fixedupon them; they are interwoven with the body of their laws and theorganization of their government, and they make a great part of theirrevenue; they cannot then get rid of them. 

2. The plan of equal imposts presents difficulties insurmountable. Forhow are the equal imposts to be effected? Is it by laying in the portsof A, an equal per cent, on the goods of B, with that which B has laidin his ports on the goods of A? But how are we to find what is that percent. ? For this is not the usual form of imposts. They generally pay bythe-ton, by the measure, by the weight, and not by the value. Besides, if A sends a million's worth of goods to B, and takes back but the halfof that, and each pays the same per cent. , it is evident that A paysthe double of what he recovers in the same way from B: this would be ourcase with Spain. Shall we endeavor to effect equality, then, by sayingA may levy so much on the sum of B's importations into his ports, as Bdoes on the sum of A's importations into the ports of B. ? But howfind out that sum? Will either party lay open their custom-house bookscandidly to evince this sum? Does either keep their books so exactly asto be able to do it? This proposition was started in Congress when ourinstructions were formed, as you may remember, and the impossibility ofexecuting it occasioned it to be disapproved. Besides, who should havea right of deciding when the imposts were equal. A would say to B, Myimposts do not raise so much as yours; I raise them therefore. B wouldthen say, You have made them greater than mine, I will raise mine; andthus a kind of auction would be carried on between them, and a mutualirritation, which would end in any thing, sooner than equality andright. 

3. I confess then to you, that I see no alternative left but that whichCongress adopted, of each party placing the other on the footing ofthe most favored nation. If the nations of Europe, from their actualestablishments, are not at liberty to say to America, that she shalltrade in their ports duty free, they may say she may trade there payingno higher duties than the most favored nation; and this is valuable inmany of these countries, where a very great difference is made betweendifferent nations. There is no difficulty in the execution of thiscontract, because there is not a merchant who does not know, or may notknow, the duty paid by every nation on every article. This stipulationleaves each party at liberty to regulate their own commerce bygeneral rules, while it secures the other from partial and oppressivediscriminations. The difficulty which arises in our case is withthe nations having American territory. Access to the West Indiesis indispensably necessary to us. Yet how to gain it when it is theestablished system of these nations to exclude all foreigners from theircolonies? The only chance seems to be this: our commerce to the mothercountries is valuable to them. We must indeavor, then, to make this theprice of an admission into their West Indies, and to those who refusethe admission, we must refuse our commerce, or load theirs by odiousdiscriminations in our ports. We have this circumstance in our favortoo, that what one grants us in their islands, the others will notfind it worth their while to refuse. The misfortune is, that with thiscountry we gave this price for their aid in the war, and we have nownothing more to offer. She being withdrawn from the competition, leavesGreat Britain much more at liberty to hold out against us. This is thedifficult part of the business of treaty, and I own it does not hold outthe most flattering prospects. 

I wish you would consider this subject, and write me your thoughts onit. Mr. Gerry wrote me on the same subject. Will you give me leave toimpose on you the trouble of communicating this to him? It is long, andwill save me much labor in copying. I hope he will be so indulgent asto consider it as an answer to that part of his letter, and will giveme his further thoughts on it. Shall I send you so much of the_Encyclopédie_ as is already published, or reserve it here till youcome? It is about forty volumes which is probably about half the work. Give yourself no uneasiness about the money; perhaps I may find itconvenient to ask you to pay trifles occasionally for me in America. Isincerely wish you may find it convenient to come here; the pleasure ofthe trip will be less than you expect, but the utility greater. It willmake you adore your own country, its soil, its climate, its equality, liberty, laws, people, and manners. My God! how little do my countrymenknow what precious blessings they are in possession of, and which noother people on earth enjoy. I confess I had no idea of it myself. Whilewe shall see multiplied instances of Europeans going to live in America, I will venture to say no man now living, will ever see an instance ofan American removing to settle in Europe, and continuing there. Comethen and see the proofs of this, and on your return add your testimonyto that of every thinking American, in order to satisfy our countrymenhow much it is their interest to preserve, uninfected by contagion, those peculiarities in their governments and manners, to which theyare indebted for those blessings. Adieu, my dear friend; present meaffectionately to your colleagues. If any of them think me worth writingto, they may be assured that in the epistolary account I will keep thedebit side against them. Once more, adieu. 

Yours affectionately, Th: Jefferson. 

P. S. June 19. Since writing the above we have received the followingaccount: Monsieur Pilatre de Roziere, who had been waiting for somemonths at Boulogne for a fair wind to cross the channel, at length tookhis ascent with a companion. The wind changed after a while, and broughthim back on the French coast. Being at a height of about six thousandfeet, some accident happened to his balloon of inflammable air; itburst, they fell from that height, and were crushed to atoms. Therewas a montgolfier combined with the balloon of inflammable air. It issuspected the heat of the montgolfier rarefied too much the inflammableair of the other, and occasioned it to burst. The montgolfier came downin good order. 

T. J. 

LETTER LXV. --TO CHARLES THOMSON, June 21, 1785

TO CHARLES THOMSON. 

Paris, June 21, 1785. 

Dear Sir, Your favor of March the 6th has come duly to hand. You thereinacknowledge the receipt of mine of November the 11th; at that time youcould not have received my last, of February the 8th. At present thereis so little new in politics, literature, or the arts, that I writerather to prove to you my desire of nourishing your correspondencethan of being able to give you any thing interesting at this time. Thepolitical world is almost lulled to sleep by the lethargic state of theDutch negotiation, which will probably end in peace. Nor does this courtprofess to apprehend, that the Emperor will involve this hemispherein war by his schemes on Bavaria and Turkey. The arts, instead ofadvancing, have lately received a check, which will probably renderstationary for a while, that branch of them which had promised toelevate us to the skies. Pilatre de Roziere, who had first ventured intothat region, has fallen a sacrifice to it. In an attempt to pass fromBoulogne over to England, a change in the wind having brought himback on the coast of France, some accident happened to his balloon ofinflammable air, which occasioned it to burst, and that of rarefiedair combined with it being then unequal to the weight, they fell to theearth from a height, which the first reports made six thousand feet, butlater ones have reduced to sixteen hundred. Pilatre de Roziere was deadwhen a peasant, distant one hundred yards only, run to him; but Romain, his companion, lived about ten minutes, though speechless, and withouthis senses. In literature there is nothing new. For I do not consider ashaving added any thing to that field, my own Notes, of which I havehad a few copies printed. I will send you a copy by the first safeconveyance. Having troubled Mr. Otto with one for Colonel Monroe, Icould not charge him with one for you. Pray ask the favor of ColonelMonroe, in page 5, line 17, to strike out the words 'above the mouth ofAppamatox, ' which make nonsense of the passage; and I forgot to correctit before I had enclosed and sent off the copy to him. I am desirous ofpreventing the reprinting this, should any book-merchant think it worthit, till I hear from my friends, whether the terms in which I havespoken of slavery and the constitution of our State, will not, byproducing an irritation, retard that reformation which I wish, insteadof promoting it. Dr. Franklin proposes to sail for America about thefirst or second week of July. He does not yet know, however, by whatconveyance he can go. Unable to travel by land, he must descend theSeine in a boat to Havre. He has sent to England to get some vesselbound for Philadelphia, to touch at Havre for him. But he receivesinformation that this cannot be done. He has been on the lookout eversince he received his permission to return; but, as yet, no possiblemeans of getting a passage have offered, and I fear it is very uncertainwhen any will offer. I am with very great esteem, Dear Sir, your friend and servant, Th: Jefferson. 

LETTER LXVI. --TO WILLIAM CARMICHAEL, June 22, 1785

TO WILLIAM CARMICHAEL. 

Paris, June 22, 1785. 

Sir, Your letter of April the 4th came to my hands on the 16th of that month, and was acknowledged by mine of May the 3rd. That which you did me thehonor to write me on the 5th of April, never came to hand until the 19thof May, upwards of a month after the one of the day before. I have hopesof sending the present by a Mr. Jarvis, who went from hence to Hollandsome time ago. About this date, I suppose him to be at Brussels, andthat from thence he will inform me, whether, in his way to Madrid, hewill pass by this place. If he does, this shall be accompanied by acipher for our future use; if he does not, I must still await a safeopportunity. Mr. Jarvis is a citizen of the United States from New-York, a gentleman of intelligence, in the mercantile line, from whom you willbe able to get considerable information of American affairs. I thinkhe left America in January. He informed us that Congress were about toappoint a Mr. Lambe, of Connecticut, their consul to Morocco, and tosend him to their ministers, commissioned to treat with the Barbarypowers, for instructions. Since that, Mr. Jay enclosed to Mr. Adams, in London, a resolution of Congress deciding definitively on amicabletreaties with the Barbary States, in the usual way, and informing himthat he had sent a letter and instructions to us, by Mr. Lambe. Thoughit is near three weeks since we received a communication of this fromMr. Adams, yet we hear nothing further of Mr. Lambe. Our powers oftreating with the Barbary States are full, but in the amount of theexpense we are limited. I believe you may safely assure them, that theywill soon receive propositions from us, if you find such an assurancenecessary to keep them quiet. Turning at this instant to your letterdated April 5th, and considering it attentively, I am persuaded it musthave been written on the 5th of May: of this little mistake I ought tohave been sooner sensible. Our latest letters from America are of themiddle of April, and are extremely barren of news. Congress had not yetproposed a time for their recess, though it was thought a recess wouldtake place. Mr. Morris had retired, and the treasury was actuallyadministered by commissioners. Their land-office was not yet opened. The settlements at Kaskaskia, within the territory ceded to them byVirginia, had prayed the establishment of a regular government, and theywere about sending a commissioner to them. General Knox was appointedtheir secretary of the war-office. These, I think, are the only factswe have learned which are worth communicating to you. The inhabitantsof Canada have sent a sensible petition to their King, praying theestablishment of an Assembly, the benefits of the _habeas corpus_laws, and other privileges of British subjects. The establishment of anAssembly is denied, but most of their other desires granted. We are nowin hourly expectation of the arrival of the packet which should havesailed from New York in May. Perhaps that may bring us matter which mayfurnish the subject of a more interesting letter. 

In the mean time, I have the honor to be, with the highest respect, Sir, your most obedient

and most humble servant, Th: Jefferson. 

P. S. July 14. I have thus long waited, day after day, hoping to hearfrom Mr. Jarvis, that I might send a cipher with this: but now give upthe hope. No news yet of Mr. Lambe. The packet has arrived, but bringsno intelligence, except that it is doubtful whether Congress willadjourn this summer. The Assembly of Pennsylvania propose to suppresstheir bank on principles of policy. T. J. 

LETTER LXVII. --TO JOHN ADAMS, June 23, 1785

TO JOHN ADAMS. 

Paris, June 23, 1785. 

Dear Sir, My last to you was of the 2nd instant, since which I have receivedyours of the 3rd and 7th. I informed you in mine of the substance of ourletter to Baron Thulemeyer: last night came to hand his acknowledgmentof the receipt of it. He accedes to the method proposed for signing, and has forwarded our despatch to the King. I enclose you a copy ofour letter to Mr. Jay, to go by the packet of this month. It contains astatement of our proceedings since the preceding letter, which youhad signed with us. This statement contains nothing but what you hadconcurred with us in; and, as Dr. Franklin expects to go early in Julyto America, it is probable that the future letters must be written byyou and myself. I shall therefore take care that you be furnished withcopies of every thing which comes to hand on the joint business. 

What is become of this Mr. Lambe? I am uneasy at the delay of thatbusiness, since we know the ultimate decision of Congress. Dr. Franklin, having a copy of the _Corps Diplomatique_, has promised to prepare adraught of a treaty to be offered to the Barbary States: as soon as hehas done so, we will send it to you for your corrections. We think itwill be best to have it in readiness against the arrival of Mr. Lambe, on the supposition that he may be addressed to the joint ministers forinstructions. 

I asked the favor of you in my last, to choose two of the best Londonpapers for me; one of each party. The Duke of Dorset has given me leaveto have them put under his address, and sent to the office from whichhis despatches come. I think he called it Cleveland office, or Clevelandlane, or by some such name; however, I suppose it can easily be knownthere. Will Mr. Stockdale undertake to have these papers sent regularly, or is this out of the line of his business? Pray order me also anyreally good pamphlets that come out from time to time, which he willcharge to me. 

I am, with great esteem, dear Sir, your friend and servant, Th: Jefferson. 

LETTER LXVIII. --TO COLONEL MONROE, July 5, 1785

TO COLONEL MONROE. 

Paris, July 5, 1785. 

Dear Sir, I wrote you, by Mr. Adams, May the 11th, and by Mr. Otto, June the 17th. The latter acknowledged the receipt of yours of April the 12th, which isthe only one come to hand of later date than December the 14th. Littlehas occurred since my last. Peace seems to show herself under a moredecided form. The Emperor is now on a journey to Italy, and the twoDutch Plenipotentiaries have set out for Vienna; there to make anapology for their State having dared to fire a gun in defence of herinvaded rights: this is insisted on as a preliminary condition. TheEmperor seems to prefer the glory of terror to that of justice; and, to satisfy this tinsel passion, plants a dagger in the heart of everyDutchman which no time will extract. I inquired lately of a gentlemanwho lived long at Constantinople, in a public character, and enjoyed theconfidence of that government, insomuch, as to become well acquaintedwith its spirit and its powers, what he thought might be the issue ofthe present affair between the Emperor and the Porte. He thinks thelatter will not push matters to a war; and, if they do, they must failunder it. They have lost their warlike spirit, and their troops cannotbe induced to adopt the European arms. We have no news yet of Mr. Lambe;of course our Barbary proceedings are still at a stand. *

[* The remainder of this letter is in cipher, to which there is no keyin the Editor's possession. ]

Yours affectionately, Th: Jefferson

LETTER LXIX. --TO MRS. SPROWLE, July 5, 1785

TO MRS. SPROWLE. 

Paris, July 5, 1785. 

Madam, Your letter of the 21st of June, has come safely to hand. That which youhad done me the honor of writing before, has not yet been received. Ithaving gone by Dr. Witherspoon to America, which I had left before hisreturn to it, the delay is easily accounted for. 

I wish you may be rightly informed that the property of Mr. Sprowle isyet unsold. It was advertised so long ago, as to found a presumptionthat the sale has taken place. In any event, you may safely go toVirginia. It is in the London newspapers only, that exist those mobs andriots, which are fabricated to deter strangers from going to America. Your person will be sacredly safe, and free from insult. You can bestjudge from the character and qualities of your son, whether he may bean useful co-adjutor to you there. I suppose him to have taken side withthe British, before our Declaration of Independence; and, if this wasthe case, I respect the candor of the measure, though I do not itswisdom. A right to take the side which every man's conscience approvesin a civil contest, is too precious a right, and too favorable to thepreservation of liberty, not to be protected by all its well informedfriends. The Assembly of Virginia have given sanction to this rightin several of their laws, discriminating honorably those who tookside against us before the Declaration of Independence, from thosewho remained among us, and strove to injure us by their treacheries. I sincerely wish that you, and every other to whom this distinctionapplies favorably, may find, in the Assembly of Virginia, the goodeffects of that justice and generosity, which have dictated to themthis discrimination. It is a sentiment which will gain strength in theirbreasts, in proportion as they can forget the savage cruelties committedon them, and will, I hope, in the end, reduce them to restore theproperty itself, wherever it is unsold, and the price received for it, where it has been actually sold. 

I am, Madam, your very humble servant, Th: Jefferson. 

LETTER LXX. --TO JOHN ADAMS, July 7, 1785

TO JOHN ADAMS. 

Paris, July 7, 1785. 

Dear Sir, This will accompany a joint letter enclosing the draft of a treaty? andmy private letter of June 23rd, which has waited so long for a privateconveyance. We daily expect from the Baron Thulemeyer the French columnfor our treaty with his sovereign. In the mean while, two copies arepreparing with the English column, which Dr. Franklin wishes to signbefore his departure, which will be within four or five days. TheFrench, when received, will be inserted in the blank columns of eachcopy. As the measure of signing at separate times and places is new, wethink it necessary to omit no other circumstance of ceremony which canbe observed. That of sending it by a person of confidence, and investedwith a character relative to the object, who shall attest our signature, yours in London, and Baron Thulemeyer's at the Hague, and who shall makethe actual exchanges, we think will contribute to supply the departurefrom the original form, in other instances. For this reason, we haveagreed to send Mr. Short on this business, to make him a secretary _prohac vice_, and to join Mr. Dumas for the operations of exchange, &c. AsDr. Franklin will have left us before Mr. Short's mission will commence, and I have never been concerned in the ceremonials of a treaty, I willthank you for your immediate information as to the papers he should befurnished with from hence. He will repair first to you in London, thenceto the Hague, and then return to Paris. 

What has become of Mr. Lambe? Supposing he was to call on thecommissioners for instructions, and thinking it best these should be inreadiness, Dr. Franklin undertook to consult well the Barbary treatieswith other nations, and to prepare a sketch which we should have sentfor your correction. He tells me he has consulted those treaties, andmade references to the articles proper for us, which, however, he willnot have time to put into form, but will leave them with me to reduce. As soon as I see them, you shall hear from me. A late conversation withan English gentleman here, makes me believe, what I did not believebefore; that his nation thinks seriously that Congress have no power toform a treaty of commerce. As the explanations of this matter, which youand I may separately give, may be handed to their minister, it would bewell that they should agree. For this reason, as well as for the hope ofyour showing me wherein I am wrong, and confirming me where I am right, I will give you my creed on the subject. It is contained in these fourprinciples. By the Confederation, Congress have no power given them, in the first instance, over the commerce of the States. But they havea power given them of entering into treaties of commerce, and thesetreaties may cover the whole field of commerce, with two restrictionsonly. 1. That the States may impose equal duties on foreigners asnatives: and 2. That they may prohibit the exportation or importation ofany species of goods whatsoever. When they shall have entered into suchtreaty, the superintendence of it results to them; all the operationsof commerce, which are protected by its stipulations, come under theirjurisdiction, and the power of the States to thwart them by theirseparate acts, ceases. If Great Britain asks, then, why she should enterinto treaty with us? why not carry on her commerce without treaty? Ianswer; because till a treaty is made, no consul of hers can be received(his functions being called into existence by a convention only, and theStates having abandoned the right of separate agreements and treaties);no protection to her commerce can be given by Congress; no cover toit from those checks and discouragements, with which the States willoppress it, acting separately, and by fits and starts. That they willact so till a treaty is made, Great Britain has had several proofs; andI am convinced those proofs will become general. It is then to put hercommerce with us on systematical ground, and under safe cover, that itbehoves Great Britain to enter into treaty. And I own to you, that mywish to enter into treaties with the other powers of Europe, arises morefrom a desire of bringing all our commerce under the jurisdiction ofCongress, than from any other views. Because, according to my idea, thecommerce of the United States with those countries not under treaty withus, is under the jurisdiction of each State separately; but that ofthe countries which have treated with us, is under the jurisdiction ofCongress, with the two fundamental restraints only, which I have beforenoted. 

I shall be happy to receive your corrections of these ideas, as I havefound, in the course of our joint services, that I think right when Ithink with you. 

I am, with sincere affection, Dear Sir, your friend and servant, Th: Jefferson. 

P. S. Monsieur Houdon has agreed to go to America to take the figure ofGeneral Washington. In the case of his death, between his departure fromParis and his return to it, we may lose twenty thousand livres. I askthe favor of you to inquire what it will cost to ensure that sum on hislife, in London, and to give me as early an answer as possible, thatI may order the ensurance, if I think the terms easy enough. He is, Ibelieve, between thirty and thirty-five years of age, healthy enough, and will be absent about six months. T. J. 

LETTER LXXI. --TO GENERAL WASHINGTON, July 10, 1785

TO GENERAL WASHINGTON. 

Paris, July 10, 1785. 

Dear Sir, Mr. Houdon would much sooner have had the honor of attending you, but for a spell of sickness, which long induced us to despair of hisrecovery, and from which he is but recently recovered. He comes now, forthe purpose of lending the aid of his art to transmit you to posterity. He is without rivalship in it, being employed from all parts of Europein whatever is capital. He has had a difficulty to withdraw himself froman order of the Empress of Russia; a difficulty, however, that arosefrom a desire to show her respect, but which never gave him a moment'shesitation about his present voyage, which he considers as promisingthe brightest chapter of his history. I have spoken of him as an artistonly; but I can assure you also, that, as a man, he is disinterested, generous, candid, and panting after glory: in every circumstancemeriting your good opinion. He will have need to see you much while heshall have the honor of being with you; which you can the more freelyadmit, as his eminence and merit give him admission into genteelsocieties here. He will need an interpreter. I suppose you could procuresome person from Alexandria, who might be agreeable to yourself, toperform this office. He brings with him one or two subordinate workmen, who of course will associate with their own class only. 

On receiving the favor of your letter of February the 25th, Icommunicated the plan for clearing the Potomac, with the act ofAssembly, and an explanation of its probable advantages, to Mr. Grand, whose acquaintance and connection with the monied men here, enabled himbest to try its success. He has done so; but to no end. I encloseyou his letter. I am pleased to hear in the mean time, that thesubscriptions are likely to be filled up at home. This is infinitelybetter, and will render the proceedings of the company much moreharmonious. I place an immense importance to my own country, on thischannel of connection with the new western States. I shall continueuneasy till I know that Virginia has assumed her ultimate boundary tothe westward. The late example of the State of Franklin separating fromNorth Carolina, increases my anxieties for Virginia. 

The confidence you are so good as to place in me, on the subject of theinterest lately given you by Virginia in the Potomac company, is veryflattering to me. But it is distressing also, inasmuch as, to deserveit, it obliges me to give my whole opinion. My wishes to see you madeperfectly easy, by receiving, those just returns of gratitude from ourcountry to which you are entitled, would induce me to be contented withsaying, what is a certain truth, that the world would be pleased withseeing them heaped on you, and would consider your receiving them as noderogation from your reputation. But I must own that the declining themwill add to that reputation, as it will show that your motives havebeen pure and without any alloy. This testimony, however, is not wantingeither to those who know you, or who do not. I must therefore repeat, that I think the receiving them will not, in the least, lessen therespect of the world, if from any circumstances they would be convenientto you. The candor of my communication will find its justification, Iknow, with you. 

A tolerable certainty of peace leaves little interesting in the way ofintelligence. Holland and the emperor will be quiet. If any thing isbrewing, it is between the latter and the Porte. Nothing in prospect asyet from England. We shall bring them, however, to a decision, now thatMr. Adams is received there. I wish much to hear that the canal throughthe Dismal Swamp is resumed. 

I have the honor to be, with the highest respect and esteem, Dear Sir, your most obedient

and most humble servant, Th: Jefferson. 

LETTER LXXII. --TO THE GOVERNOR OF VIRGINIA, July 11, 1785

TO THE GOVERNOR OF VIRGINIA. 

Paris, July 11, 1785. 

Sir, Mr. Houdon's long and desperate illness has retarded, till now, hisdeparture for Virginia. We had hoped, from our first conversations withhim, that it would be easy to make our terms, and that the cost ofthe statue and expense of sending him, would be but about a thousandguineas. But when we came to settle this precisely, he thought himselfobliged to ask vastly more insomuch, that, at one moment, we thoughtour treaty at an end. But unwilling to commit such a work to an inferiorhand, we made nim an ultimate proposition on our part. He was as muchmortified at the prospect of not being the executor of such a work, aswe were, not to have it done by such a hand. He therefore acceded to ourterms; though we are satisfied he will be a considerable loser. We wereled to insist on them, because, in a former letter to the Governor, I had given the hope we entertained of bringing the whole within onethousand guineas. The terms are twenty-five thousand livres, or onethousand English guineas (the English guinea being worth twenty-fivelivres) for the statue and pedestal. Besides this, we pay his expensesgoing and returning, which we expect will be between four and fivethousand livres: and if he dies on the voyage, we pay his family tenthousand livres. This latter proposition was disagreeable to us; buthe has a father, mother, and sisters, who have no resource but in hislabor: and he is himself one of the best men in the world. He thereforemade it a _sine qua non_, without which all would have been off. We havereconciled it to ourselves, by determining to get insurance on his lifemade in London, which we expect can be done for five per cent. ; so thatit becomes an additional sum of five hundred livres. I have writtento Mr. Adams to know, for what per cent, the insurance can be had. Ienclose you, for a more particular detail, a copy of the agreement. Dr. Franklin, being on his departure, did not become a party to theinstrument, though it has been concluded with his approbation. He wasdisposed to give two hundred and fifty guineas more, which would havesplit the difference between the actual terms and Mr Houdon's demand. I wish the State, at the conclusion of the work, may agree to give himthis much more; because I am persuaded he will be a loser, which Iam sure their generosity would not wish. But I have not given him thesmallest expectation of it, choosing the proposition should come fromthe State, which will be more honorable. You will perceive by theagreement, that I pay him immediately 8333 1/3 livres, which is to beemployed in getting the marble in Italy, its transportation, he. Thepackage and transportation of his stucco to make the moulds, willbe about five hundred livres. I shall furnish him with money for hisexpenses in France, and I have authorized Dr. Franklin, when he arrivesin Philadelphia, to draw on me for money for his other expenses, going, staying, and returning. These drafts will have been made probably, and will be on their way to me, before you receive this, and with thepayments made here, will amount to about five thousand livres more thanthe amount of the bill remitted me. Another third, of 8333 1/3 livres, will become due at the end of the ensuing year. 

Dr. Franklin leaves Passy this morning. As he travels in a litter, Mr. Houdon will follow him some days hence, and will embark with him forPhiladelphia. I am in hopes he need not stay in America more than amonth. 

I have the honor to be, with due respect, your Excellency's most obedient

and most humble servant, Th: Jefferson. 

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LETTER LXXIII. --TO THE PRESIDENT OF CONGRESS, July 12, 1785

TO THE PRESIDENT OF CONGRESS. 

(Private. ) Paris, July 12, 1785. 

Dear Sir, I was honored, two days ago, with yours of May the 16th, and thank youfor the intelligence it contained, much of which was new to me. Itwas the only letter I received by this packet, except one from Mr. Hopkinson, on philosophical subjects. I generally write about a dozenby every packet, and receive sometimes one, sometimes two, and sometimesne'er a one. You are right in supposing all letters opened which comeeither through the French or English channel, unless trusted to apassenger. Yours had evidently been opened, and I think I neverreceived one through the post office which had not been. It isgenerally discoverable by the smokiness of the wax, and faintness ofthe re-impression. Once they sent me a letter open, having forgottento re-seal it. I should be happy to hear that Congress thought ofestablishing packets of their own between New York and Havre; to send apacket from each port once in two months. The business might possibly bedone by two packets, as will be seen by the following scheme, wherein wewill call the two packets A and B. 

January, A sails from New York, B from Havre. February. March. B sailsfrom New York, A from Havre. April. May. A sails from New York, Bfrom Havre. June. July. B sails from New York, A from Havre. August. September. A sails from New York, B from Havre. October. November. Bsails from New York, A from Havre. December. 

I am persuaded that government would gladly arrange this method with us, and send their packets in the intermediate months, as they are tired ofthe expense. We should then have a safe conveyance every two months, andone for common matters every month. A courier would pass between thisand Havre in twenty-four hours. Could not the surplus of the post officerevenue be applied to this? This establishment would look like thecommencement of a little navy; the only kind of force we ought topossess. You mention that Congress is on the subject of requisition. Nosubject is more interesting to the honor of the States. It is an opinionwhich prevails much in Europe, that our government wants authority todraw money from the States, and that the States want faith to pay theirdebts. I shall wish much to hear how far the requisitions on the Statesare productive of actual cash. Mr. Grand informed me, the other day, that the commissioners were dissatisfied with his having paid to thiscountry but two hundred thousand livres, of the four hundred thousandfor which Mr. Adams drew on Holland; reserving the residue to replacehis advances and furnish current expenses. They observed that these lastobjects might have been effected by the residue of the money in Holland, which was lying dead. Mr. Grand's observation to me was, that Mr. Adams did not like to draw for these purposes, that he himself hadno authority, and that the commissioners had not accompanied theircomplaints with any draft on that fund; so that the debt still remainsunpaid, while the money is lying dead in Holland. He did not desire meto mention this circumstance; but should you see the commissioners, itmight not be amiss to communicate it to them, that they may take anymeasures they please, if they think it proper to do any thing in it. Iam anxious to hear what is done with the States of Vermont and Franklin. I think that the former is the only innovation on the system of April23rd, 1784, which ought ever possibly to be admitted. If Congress arenot firm on that head, our several States will crumble to atoms by thespirit of establishing every little canton into a separate State. I hopeVirginia will concur in that plan as to her territory south of the Ohio;and not leave to the western country to withdraw themselves by force, and become our worst enemies instead of our best friends. 

I have the honor to be, with sentiments of great respect, your Excellency's most obedient

and most humble servant, Th: Jefferson. 

LETTER LXXIV. --TO THE VIRGINIA DELEGATES IN CONGRESS, July 12, 1785

TO THE VIRGINIA DELEGATES IN CONGRESS. 

Paris, July 12, 1785. 

Gentlemen, In consequence of the orders of the legislative and executive bodies ofVirginia, I have engaged Monsieur Houdon to make the statue of GeneralWashington. For this purpose it is necessary for him to see the General. He therefore goes with Doctor Franklin, and will have the honor ofdelivering you this himself. As his journey is at the expense of theState, according to our contract, I will pray you to favor him with yourpatronage and counsels, and to protect him as much as possible, fromthose impositions to which strangers are but too much exposed. I haveadvised him to proceed in the stages to the General's. I have alsoagreed, if he can see Generals Greene and Gates, whose busts he hasa desire to execute, that he may make a moderate deviation for thispurpose, after he has done with General Washington. 

But the most important object with him, is to be employed to makeGeneral Washington's equestrian statue for Congress. Nothing but theexpectation of this, could have engaged him to have undertaken thisvoyage; as the pedestrian statue for Virginia will not make it worththe business he loses by absenting himself. I was therefore obliged toassure him of my recommendations for this greater work. Having acted inthis for the State, you will, I hope, think yourselves in some measurebound to patronize and urge his being employed by Congress. I would nothave done this myself, nor asked you to do it, did I not see that itwould be better for Congress to put this business into his hands, thaninto those of any other person living, for these reasons: 1. He is, without rivalship, the first statuary of this age; as a proof of which, he receives orders from every other country for things intended tobe capital. 2. He will have seen General Washington, have taken hismeasures in every part, and, of course, whatever he does of him willhave the merit of being original, from which other workmen can onlyfurnish copies. 3. He is in possession of the house, the furnaces, andall the apparatus provided for making the statue of Louis XV. If anyother workman be employed, this will all have to be provided anew, andof course, to be added to the price of the statue; for no man can everexpect to make two equestrian statues. The addition which this would beto the price, will much exceed the expectation of any person who hasnot seen that apparatus. In truth it is immense. As to the price of thework, it will be much greater than Congress is probably aware of. I haveinquired somewhat into this circumstance, and find the prices of thosemade for two centuries past, have been from one hundred and twentythousand guineas, down to sixteen thousand guineas, according tothe size. And as far as I have seen, the smaller they are, the moreagreeable. The smallest yet made, is infinitely above the size oflife, and they all appear outrees and monstrous. That of Louis XV. , isprobably the best in the world, and it is the smallest here. Yet itis impossible to find a point of view, from which it does not appeara monster, unless you go so far as to lose sight of the features, andfiner lineaments of the face and body. A statue is not made like amountain, to be seen at a great distance. To perceive those minutercircumstances which constitute its beauty, you must be near it, and, in that case, it should be so little above the size of the life, as toappear actually of that size, from your point of view. I should not, therefore, fear to propose, that the one intended by Congress should beconsiderably smaller than any of those to be seen here; as I think itwill be more beautiful, and also cheaper. I have troubled you with theseobservations, as they have been suggested to me from an actual sight ofworks of this kind, and I supposed they might assist you in making upyour minds on this subject. In making a contract with Monsieur Houdon itwould not be proper to advance money, but as his disbursements and laboradvance. As it is a work of many years, this will render the expenseinsensible. The pedestrian statue of marble, is to take three years; theequestrian, of course, would take much more. Therefore the sooner it isbegun, the better. 

I am, with sentiments of the highest respect, Gentlemen, your most obedient

and most humble servant, Th: Jefferson. 

LETTER LXXV. --TO JOHN JAY, July 12, 1785

TO JOHN JAY. 

Paris, July 12, 1785. 

Sir, My last letter to you was dated the 17th of June. The present serves tocover some papers put into my hands by Captain Paul Jones. They respectan ancient matter, which is shortly this. 

While Captain Jones was hovering on the coast of England, in theyear 1779, a British pilot, John Jackson by name, came on board him, supposing him to be British. Captain Jones found it convenient to detainhim as a pilot, and, in the action with the Serapis, which ensued, thisman lost his arm. It is thought that this gives him a just claim to thesame allowance with others, who have met with the like misfortune inthe service of the United States. Congress alone being competent to thisapplication, it is my duty to present the case to their consideration;which I beg leave to do through you. 

Dr. Franklin will be able to give you so perfect a state of alltransactions relative to his particular office in France, as well as tothe subjects included in our general commission, that it is unnecessaryfor me to enter on them. His departure, with the separate situation ofMr. Adams and myself, will render it difficult to communicate to youthe future proceedings of the commission, as regularly as they havebeen heretofore. We shall do it, however, with all the punctualitypracticable, either separately or jointly, as circumstances may requireand admit. 

I have the honor to be, with sentiments of the highest respect, Sir, your most obedient

and most humble servant, Th: Jefferson. 

LETTER LXXVI. --TO MONSIEUR BRIET, July 13, 1785

TO MONSIEUR BRIET. 

Paris, July 13, 1785. 

Sir, I am glad to hear that the Council have ordered restitution of themerchandise seized at L'Orient, contrary to the freedom of the place. When a court of justice has taken cognizance of a complaint, and hasgiven restitution of the principal subject, if it refuses some ofthe accessories, we are to presume that some circumstance of evidenceappeared to them, unknown to us, and which rendered its refusal just andproper. So, in the present case, if any circumstances in the conduct ofthe owner, or relative to the merchandise itself, gave probable groundsof suspicion that they were not entitled to the freedom of the port, damages for the detention might be properly denied. Respect for theintegrity of courts of justice, and especially of so high a one as thatof the King's Council, obliges us to presume that circumstances arosewhich justified this part of their order. It is only in cases wherejustice is palpably denied, that one nation, or its ministers, areauthorized to complain of the courts of another. I hope you will see, therefore, that an application from me as to the damages for detention, would be improper. 

I have the honor to be, Sir, your most obedient

and most humble servant, Th: Jefferson. 

LETTER LXXVII. --TO MESSRS. FRENCH AND NEPHEW, July 13, 1785

TO MESSRS. FRENCH AND NEPHEW. 

Paris, July 13, 1785. 

Gentlemen, I had the honor of receiving your letter of June the 21st, enclosing onefrom Mr. Alexander of June the 17th, and a copy of his application toMonsieur de Calonne. I am very sensible that no trade can be on a moredesperate footing than that of tobacco, in this country; and that ourmerchants must abandon the French markets, if they are not permitted tosell the productions they bring, on such terms as will enable them topurchase reasonable returns in the manufactures of France. I know butone remedy to the evil; that of allowing a free vent: and I should bevery happy in being instrumental to the obtaining this. But while thepurchase of tobacco is monopolized by a company, and they pay for thatmonopoly a heavy price to the government, they doubtless are at libertyto fix such places and terms of purchase, as may enable them to makegood their engagements with government. I see no more reason forobliging them to give a greater price for tobacco than they think theycan afford, than to do the same between two individuals treating fora horse, a house, or any thing else. Could this be effected byapplications to the minister, it would only be a palliative which wouldretard the ultimate cure, so much to be wished for and aimed at by everyfriend to this country, as well as to America. 

I have the honor to be, Gentlemen, your most obedient, humble servant, Th: Jefferson

LETTER LXXVIII. --TO DR. STILES, July 17, 1785

TO DR. STILES. 

Sir, Paris, July 17, 1785. 

I have long deferred doing myself the honor of writing to you, wishing for an opportunity to accompany my letter with a copy of the_Bibliothèque Physico-oeconomique_, a book published here lately infour small volumes, and which gives an account of all the improvementsin the arts which have been made for some years past. I flatter myselfyou will find in it many things agreeable and useful. I accompany itwith the volumes of the _Connoissance des Terns_ for the years 1781, 1784, 1785, 1786, 1787. But why, you will ask, do I send you oldalmanacs, which are proverbially useless? Because, in these publicationshave appeared, from time to time, some of the most precious things inastronomy. I have searched out those particular volumes which might bevaluable to you on this account. That of 1781 contains De la Caillie'scatalogue of fixed stars reduced to the commencement of that year, anda table of the aberrations and nutations of the principal stars. 1784contains the same catalogue with the _nébuleuses_ of Messier. 1785contains the famous catalogue of Flamsteed, with the positions of thestars reduced to the beginning of the year 1784, and which supersedesthe use of that immense book. 1786 gives you Euler's lunar tablescorrected; and 1787, the tables for the planet Herschel. The two lastneeded not an apology, as not being within the description of oldalmanacs. It is fixed on grounds which scarcely admit a doubt, that theplanet Herschel was seen by Mayer in the year 1756, and was consideredby him as one of the zodiacal stars, and, as such, arranged in hiscatalogue, being the 964th which he describes. This 964th of Mayer hasbeen since missing, and the calculations for the planet Herschel showthat, it should have been, at the time of Mayer's observation, where heplaces his 964th star. The volume of 1787 gives you Mayer's catalogue ofthe zodiacal stars. The researches of the natural philosophers of Europeseem mostly in the field of chemistry, and here, principally, on thesubjects of air and fire. The analysis of these two subjects presentsto us very new ideas. When speaking of the _BibliothèquePhysico-oeconomique_, T should have observed, that since itspublication, a man in this city has invented a method of moving a vesselon the water, by a machine worked within the vessel. I went to see it. He did not know himself the principle of his own invention. It is ascrew with a very broad, thin worm, or rather it is a thin plate withits edge applied spirally round an axis. This being turned, operates onthe air, as a screw does, and may be literally said to screw the vesselalong: the thinness of the medium, and its want of resistance, occasion a loss of much of the force. The screw, I think, would be moreeffectual, if placed below the surface of the water. I very much suspectthat a countrymen of ours, Mr. Bushnel of Connecticut, is entitled tothe merit of a prior discovery of this use of the screw. I remember tohave heard of his submarine navigation during the war, and, from whatColonel Humphreys now tells me, I conjecture that the screw was thepower he used. He joined to this a machine for exploding under waterat a given moment. If it were not too great a liberty for a stranger totake, I would ask from him a narration of his actual experiments, withor without a communication of his principle, as he should choose. If hethought proper to communicate it, I would engage never to disclose it, unless I could find an opportunity of doing it for his benefit. I thankyou for your information as to the greatest bones found on the Hudsonriver. I suspect that they must have been of the same animal with thosefound on the Ohio: and if so, they could not have belonged to any humanfigure, because they are accompanied with tusks of the size, form, andsubstance of those of the elephant. I have seen a part of the ivory, which was very good. The animal itself must have been much largerthan an elephant. Mrs. Adams gives me an account of a flower found inConnecticut, which vegetates when suspended in the air. She brought oneto Europe. What can be this flower? It would be a curious present tothis continent. 

The accommodation likely to take place between the Dutch and theEmperor, leaves us without that unfortunate resource for news, whichwars give us. The Emperor has certainly had in view the Bavarianexchange of which you have heard; but so formidable an oppositionpresented itself, that he has thought proper to disavow it. The Turksshow a disposition to go to war with him; but if this country canprevail on them to remain in peace, they will do so. It has been thoughtthat the two Imperial courts have a plan of expelling the Turks fromEurope. It is really a pity, so charming a country should remain in thehands of a people, whose religion forbids the admission of science andthe arts among them. We should wish success to the object of the twoempires, if they meant to leave the country in possession of the Greekinhabitants. We might then expect, once more, to see the language ofHomer and Demosthenes a living language. For I am persuaded the modernGreek would easily get back to its classical models. But this is notintended. They only propose to put the Greeks under other masters; tosubstitute one set of barbarians for another. 

Colonel Humphreys having satisfied you that all attempts would befruitless here, to obtain money or other advantages for your college, Ineed add nothing on that head. It is a method of supporting collegesof which they have no idea, though they practise it for the support oftheir lazy monkish institutions. 

I have the honor to be, with the highest respect and esteem, Sir, your most obedient

and most humble servant, Th: Jefferson. 

LETTER LXXIX. --TO JOHN ADAMS, July 28, 1785

TO JOHN ADAMS. 

Paris, July 28, 1785. 

Dear Sir, Your favors of Jury the 16th and 18th came to hand the same day on whichI had received Baron Thulemeyer's, enclosing the ultimate draught forthe treaty. As this draught, which was in French, was to be copied intothe two instruments which Dr. Franklin had signed, it is finished thisday only. Mr. Short sets out immediately. I have put into his handsa letter of instructions how to conduct himself, which I have signed, leaving a space above for your signature. The two treaties I have signedat the left hand, Dr. Franklin having informed me that the signaturesare read backwards. Besides the instructions to Mr. Short, I signedalso a letter to. Mr. Dumas, associating him with Mr. Short. Thesetwo letters I made out as nearly conformably as I could, to your ideasexpressed in your letter of the 18th. If any thing more be necessary, beso good as to make a separate instruction for them, signed by yourself, to which I will accede. I have not directed Mr. Dumas's letter. Ihave heretofore directed to him as 'Agent for the United States at theHague, ' that being the description under which the journals of Congressspeak of him. In his last letter to me, is a paragraph, from which Iconclude that the address I have used is not agreeable, and perhaps maybe wrong. Will you be so good as to address the letter to him, and toinform me how to address him hereafter. Mr. Short carries also the otherpapers necessary. His equipment for his journey requiring expenses whichcannot come into the account of ordinary expenses, such as clothes, &, c. What allowance should be made him? I have supposed somewhere between aguinea a day, and one thousand dollars a year, which I believe isthe salary of a private secretary. This I mean as over and above histravelling expenses. Be so good as to say, and I will give him an orderon his return. The danger of robbery has induced me to furnish him withonly money enough to carry him to London. You will be so good as toprocure him enough to carry him to the Hague and back to Paris. Theconfederation of the King of Prussia with some members of the Germanicbody, for the preservation of their constitution, is, I think, beyonda doubt. The Emperor has certainly complained of it in formalcommunications at several courts. By what can be collected fromdiplomatic conversation here, I also conclude it tolerably certain, thatthe Elector of Hanover has been invited to accede to the confederation, and has done or is doing so. You will have better circumstances however, on the spot, to form a just judgment. Our matters with the first ofthese powers being now in conclusion, I wish it was so with the Electorof Hanover. I conclude, from the general expressions in your letter, that little may be expected. Mr. Short furnishing so safe a conveyancethat the trouble of the cipher may me dispensed with, I will thank youfor such details of what has passed, as may not be too troublesome toyou. 

The difficulties of getting books into Paris, delayed for some time myreceipt of the _Corps Diplomatique_ left by Dr. Franklin. Since that, wehave been engaged with expediting Mr. Short. A huge packet also, broughtby Mr. Mazzei, has added to the causes which have as yet prevented mefrom examining Dr. Franklin's notes on the Barbary treaty. It shall beone of my first occupations. Still the possibility is too obvious thatwe may run counter to the instructions of Congress, of which Mr. Lambeis said to be the bearer. There is a great impatience in America forthese treaties. I am much distressed between this impatience and theknown will of Congress, on the one hand, and the uncertainty of thedetails committed to this tardy servant. 

The Duke of Dorset sets out for London to-morrow. He says he shall beabsent two months. There is some whisper that he will not return, andthat, Lord Carmarthen wishes to come here. I am sorry to lose sohonest a man as the Duke. I take the liberty to ask an answer about theinsurance of Houdon's life. 

Congress is not likely to adjourn this summer. They have passed anordinance for selling their lands. I have not received it. 

What would you think of the enclosed draught to be proposed to thecourts of London and Versailles? I would add Madrid and Lisbon, but thatthey are still more desperate than the others. I know it goes beyond ourpowers; and beyond the powers of Congress too; but it is so evidentlyfor the good of all the States, that I should not be afraid to riskmyself on it, if you are of the same opinion. Consider it, if youplease, and give me your thoughts on it by Mr. Short: but I do notcommunicate it to him, nor any other mortal living but yourself. 

Be pleased to present me in the most friendly terms to the ladies, andbelieve me to be, with great esteem, Dear Sir, your friend and servant, Th: Jefferson. 

LETTER LXXX. --TO HOGENDORP, July 29, 1785

TO HOGENDORP. 

Paris, July 29, 1785. 

Dear Sir, By an American gentleman who went to the Hague, about a month ago, Isent you a copy of my Notes on Virginia. Having since that received somecopies of the revisal of our laws, of which you had desired one, I nowsend it to you. I congratulate you sincerely on the prospect of yourcountry's being freed from the menace of war, which, however just, isalways expensive and calamitous, and sometimes unsuccessful. 

Congress, having made a very considerable purchase of land from theIndians, have established a land office, and settled the mode of sellingthe lands. Their plan is judicious. I apprehend some inconveniences insome parts of it; but if such should be found to exist, they will amendthem. They receive in payment their own certificates, at par with actualmoney. We have a proof the last year, that the failure of the Statesto bring money into the treasury, has proceeded, not from anyunwillingness, but from the distresses of their situation. Heretofore, Massachusetts and Pennsylvania had brought in the most money, andVirginia was among the least. The last year, Virgjnia has paid in morethan all the rest together. The reason is, that she is at liberty toavail herself of her natural resources and has free markets for them;whereas the others which, while they were sure of a sale for theircommodities, brought more into the treasury; now, that that sale is, bycircumstances, rendered more precarious, they bring in but little. 

The impost is not yet granted. Rhode Island and New York hold off. Congress have it in contemplation to propose to the States, thatthe direction of all their commerce shall be committed to Congress, reserving to the States, respectively, the revenue which shall be laidon it. The operations of our good friends, the English, are calculatedas precisely to bring the States into this measure as if we directedthem ourselves, and as they were, through the whole war, to producethat union which was so necessary for us. I doubt whether Congress willadjourn this summer. 

Should you be at the Hague, I will beg leave to make known to you bearerhereof, M, William Short. He of Virginia, has come to stay some timewith me at Paris being among my most particular friends. Though young, his talents and merit are such as to have placed him in the Council ofState of Virginia; an office which he relinquished to make a visit toEurope. 

I have the honor to be, with very high esteem, Dear Sir, your most obedient

and most humble servant, Th: Jefferson. 

LETTER LXXXI. --TO MESSRS. N. AND J. VAN STAPHORST, July 30, 1785

TO MESSRS. N. AND J. VAN STAPHORST, Amsterdam. 

Paris, July 30, 1785. 

Gentlemen, I received yesterday your favor of the 25th. Supposing that the funds, which are the object of your inquiry, are those which constitute whatwe call our domestic debt, it is my opinion that they are absolutelysecure: I have no doubt at all but that they will be paid, with theirinterest at six per cent. But I cannot say that they are as secure andsolid as the funds which constitute our foreign debt: because no manin America ever entertained a doubt that our foreign debt is to be paidfully; but some people in America have seriously contended, that thecertificates and other evidences of our domestic debt, ought to beredeemed only at what they have cost the holder; for I must observeto you, that these certificates of domestic debt, having as yet noprovision for the payment of principal or interest, and the originalholders being mostly needy, have been sold at a very great discount. When I left America (July, 1784, ) they sold in different States at from15s. To 2s. 6d. In the pound; and any amount of them might, then havebeen purchased. Hence some thought that full justice would be done, ifthe public paid the purchasers of them what they actually paid for them, and interest on that. But this is very far from being a general opinion;a very great majority being firmly decided that they shall be paidfully. Were I the holder of any of them, I should not have the leastfear of their full payment. There is also a difference between differentspecies of certificates; some of them being receivable in taxes, othershaving the benefit of particular assurances, &c. Again, some of thesecertificates are for paper-money debts. A deception here must be guardedagainst. Congress ordered all such to be re-settled by the depreciationtables, and a new certificate to be given in exchange for them, expressing their value in real money. But all have not yet beenre-settled. In short, this is a science in which few in America areexpert, and no person in a foreign country can be so. Foreigners shouldtherefore be sure that they are well advised, before they meddle withthem, or they may suffer. If you will reflect with what degree ofsuccess persons actually in America could speculate in the Europeanfunds, which rise and fall daily, you may judge how far those in Europemay do it in the American funds, which are more variable from a varietyof causes. 

I am not at all acquainted with Mr. Daniel Parker, farther than havingonce seen him in Philadelphia. He is of Massachusetts, I believe, andI am of Virginia. His circumstances are utterly unknown to me. I thinkthere are few men in America, if there is a single one, who couldcommand a hundred thousand pounds' sterling worth of these notes, attheir real value. At their nominal amount, this might be done perhapswith twenty-five thousand pounds sterling, if the market price ofthem be as low as when I left America. I am with very great respect, Gentlemen, your most obedient, humble servant, Th: Jefferson. 

LETTER LXXXII. --TO JOHN ADAMS, July 31, 1785

TO JOHN ADAMS. 

Paris, July 31, 1785. 

Dear Sir, I was honored yesterday with yours of the 24th instant. When the firstarticle of our instructions of May 7th, 1784, was under debate inCongress, it was proposed that neither party should make the otherpay, in their ports, greater duties, than they paid in the ports of theother. One objection to this was, its impracticability; another, that itwould put it out of our power to lay such duties on alien importation asmight encourage importation by natives. Some members, much attachedto English policy, thought such a distinction should actually beestablished. Some thought the power to do it should be reserved, in caseany peculiar circumstances should call for it, though under the present, or perhaps, any probable circumstances, they did not think it would begood policy ever to exercise it. The footing _gentis amicissimæ_ wastherefore adopted, as you see in the instruction. As far as my inquiriesenable me to judge, France and Holland make no distinction of dutiesbetween aliens and natives. I also rather believe that the other statesof Europe make none, England excepted, to whom this policy, as thatof her navigation act, seems peculiar. The question then is, shouldwe disarm ourselves of the power to make this distinction against allnations, in order to purchase an exemption from the alien duties inEngland only; for if we put her importations on the footing of native, all other nations with whom we treat will have a right to claim thesame. I think we should, because against other nations, who make nodistinction in their ports between us and their own subjects, we oughtnot to make a distinction in ours. And if the English will agree, inlike manner, to make none, we should, with equal reason, abandon theright as against them. I think all the world would gain, by settingcommerce at perfect liberty. I remember that when we were digestingthe general form of our treaty, this proposition to put foreigners andnatives on the same footing, was considered: and we were all three, Dr. Franklin as well as you and myself, in favor of it. We finally, however, did not admit it, partly from the objection you mention, but more stillon account of our instructions. But though the English proclamation hadappeared in America at the time of framing these instructions, I thinkits effect, as to alien duties, had not yet been experienced, andtherefore was not attended to. If it had been noted in the debate, I amsure that the annihilation of our whole trade would have been thoughttoo great a price to pay for the reservation of a barren power, whicha majority of the members did not propose ever to exercise, though theywere willing to retain it. Stipulating for equal rights to foreignersand natives, we obtain more in foreign ports than our instructionsrequired, and we only part with, in our own ports, a power, of whichsound policy would probably for ever forbid the exercise. Add to this, that our treaty will be for a very short term, and if any evil beexperienced under it, a reformation will soon be in our power. I am, therefore, for putting this among our original propositions to the courtof London. 

If it should prove an insuperable obstacle with them, or if it shouldstand in the way of a greater advantage, we can but abandon it in thecourse of the negotiation. 

In my copy of the cipher, on the alphabetical side, numbers are wantingfrom 'Denmark' to 'disc' inclusive, and from 'gone' to 'governor'inclusive. I suppose them to have been omitted in copying; will you beso good as to send them to me from yours, by the first safe conveyance. 

With compliments to the ladies and to Colonel Smith, I am, dear Sir, your friend and servant, Th: Jefferson. *

[* The original of this letter was in cipher. But annexed to the copy incipher, is the above literal copy by the author. ]

LETTER LXXXIII. --TO M. DE CASTRIES, August 3, 1785

TO M. DE CASTRIES. 

Paris, August 3, 1785. 

Sir, The enclosed copy of a letter from Captain John Paul Jones, on thesubject on which your Excellency did me the honor to write me, onthe day of July, will inform you that there is still occasion to betroublesome to you. A Mr. Puchilburg, a merchant of L'Orient, who seemsto have kept himself unknown till money was to be received, now presentspowers to receive it, signed by the American officers and crews:and this produces a hesitation in the person to whom your order wasdirected. Congress, however, having substituted Captain Jones, as agent, to solicit and receive this money, he having given them security toforward it, when received, to their treasury, to be thence distributedto the claimants, and having at a considerable expense of time, trouble, and money, attended it to a conclusion, are circumstances of weight, against which Mr. Puchilburg seems to have nothing to oppose, but anomination by individuals of the crew, under which he has declinedto act, and permitted the business to be done by another withoutcontradiction from him. Against him, too, it is urged that he fomentedthe sedition which took place among them, that he obtained thisnomination from them while their minds were under ferment; and that hehas given no security for the faithful payment of the money to thoseentitled to it. 

I will add to these, one more circumstance which appears to render itimpossible that he should execute this trust. It is now several yearssince the right to this money arose. The persons in whom it originallyvested, were probably from different States in America. Many of themmust be now dead; and their rights passed on to their representatives. But who are their representatives? The laws of some States prefer onedegree of relations, those of others prefer another, there being nouniformity among the States on this point. Mr. Puchilberg, therefore, should know which of the parties are dead; in what order the laws oftheir respective States call their relations to the succession; and, in every case, which of those orders are actually in existence, andentitled to the share of the deceased. With the Atlantic ocean betweenthe principals and their substitute, your Excellency will perceive whatan inexhaustible source of difficulties, of chicanery, and delay, thismight furnish to a person who should find an interest in keeping thismoney, as long as possible, in his own hands. Whereas, if it be lodgedin the treasury of Congress, they, by an easy reference to the tribunalsof the different States, can have every one's portion immediatelyrendered to himself, if living; and if dead, to such of his relations asthe laws of his particular State prefer, and as shall be found actuallyliving. I the rather urge this course, as I foresee that it willrelieve your Excellency from numberless appeals which these people willcontinually be making from the decisions of Mr. Puchilberg; appealslikely to perpetuate that trouble of which you have already hadtoo much, and to which I am sorry to be obliged to add, by asking aperemptory order for the execution of what you were before pleased todecide, on this subject. 

I have the honor to be, with sentiments of the most perfect respect, your Excellency's most obedient

and most humble servant, Th: Jefferson. 

LETTER LXXXIV. --TO CAPTAIN JOHN PAUL JONES, August 3, 1785

TO CAPTAIN JOHN PAUL JONES. 

Paris, August 3, 1785. 

Sir, I received yesterday your favor of the 29th, and have written on thesubject of it to the Maréchal de Castries this morning. You shall havean answer as soon as I receive one. Will you be so good as to make aninquiry into all the circumstances relative to Peyrouse's expedition, which seem to ascertain his destination. Particularly what numberof men, and of what conditions and vocations, had he on board? Whatanimals, their species and number? What trees, plants, or seeds? Whatutensils? What merchandise or other necessaries? This inquiry should bemade with as little appearance of interest in it as possible. Should younot be able to get satisfactory information without going to Brest, andit be inconvenient for you to go there, I will have the expenses, thisshall occasion you, paid. Commit all the circumstances to writing, andbring them when you come yourself, or send them by a safe hand. 

I am, with much respect, Sir, your most obedient, humble servant, Th: Jefferson. 

LETTER LXXXV. --TO JOHN ADAMS, August 6, 1785

TO JOHN ADAMS. 

Paris, August 6, 1785. 

Dear Sir, I now enclose you a draught of a treaty for the Barbary States, togetherwith the notes Dr. Franklin left me. I have retained a press copy ofthis draught, so that by referring to any article, line, and word, init, you can propose amendments and send them by the post, without anybody's being able to make much of the main subject. I shall be glad toreceive any alterations you may think necessary, as soon as convenient, that this matter may be in readiness. I enclose also a letter containingintelligence from Algiers. I know not how far it is to be relied on. Myanxiety is extreme indeed, as to these treaties. We know that Congresshave decided ultimately to treat. We know how far they will go. Butunfortunately we know also, that a particular person has been chargedwith instructions for us, these five months, who neither comes norwrites to us. What are we to do? It is my opinion that if Mr. Lambe doesnot come in either of the packets (English or French) now expected, weought to proceed. I therefore propose to you this term, as the end ofour expectations of him, and that if he does not come, we send someother person. Dr. Bancroft or Captain Jones occurs to me as the fittest. If we consider the present object only, I think the former would be themost proper: but if we look forward to the very probable event of warwith those pirates, an important object would be obtained by CaptainJones's becoming acquainted with their ports, force, tactics, &c. Letme know your opinion on this. I have never mentioned it to either, but Isuppose either might be induced to go. Present me affectionately to theladies and Colonel Smith, and be assured of the sincerity with which Iam, Dear Sir, your friend and servant, Th: Jefferson. 

LETTER LXXXVI. --TO DR. PRICE, August 7, 1785

TO DR. PRICE. 

Paris, August 7, 1785. 

Sir, Your favor of July the 2nd came duly to hand. The concern you thereinexpress as to the effect of your pamphlet in America, induces me totrouble you with some observations on that subject. From my acquaintancewith that country, I think I am able to judge, with some degree ofcertainty, of the manner in which it will have been received. Southwardof the Chesapeake it will find but few readers concurring with it insentiment, on the subject of slavery. From the mouth to the head of theChesapeake, the bulk of the people will approve it in theory, andit will find a respectable minority ready to adopt it in practice;a minority, which, for weight and worth of character, preponderatesagainst the greater number, who have not the courage to divest theirfamilies of a property, which, however, keeps their consciences unquiet. Northward of the Chesapeake, you may find here and there an opponent toyour doctrine, as you may find here and there a robber and murderer;but in no greater number. In that part of America, there being but fewslaves, they can easily disencumber themselves of them; and emancipationis put into such a train, that in a few years there will be no slavesnorthward of Maryland. In Maryland, I do not find such a dispositionto begin the redress of this enormity, as in Virginia. This is the nextState to which we may turn our eyes for the interesting spectacle ofjustice, in conflict with avarice and oppression: a conflict wherein thesacred side is gaining daily recruits, from the influx into office ofyoung men grown and growing up. These have sucked in the principles ofliberty, as it were, with their mothers' milk; and it is to them Ilook with anxiety to turn the fate of this question. Be not thereforediscouraged. What you have written will do a great deal of good: andcould you still trouble yourself with our welfare, no man is more ableto give aid to the laboring side. The College of William and Mary inWilliamsburg, since the re-modelling of its plan, is the place where arecollected together all the young men of Virginia, under preparation forpublic life. They are there under the direction (most of them) of a Mr. Wythe, one of the most virtuous of characters, and whose sentiments onthe subject of slavery are unequivocal. I am satisfied, if you couldresolve to address an exhortation to those young men, with all thateloquence of which you are master, that its influence on the futuredecision of this important question would be great, perhaps decisive. Thus you see, that, so far from thinking you have cause to repent ofwhat you have done, I wish you to do more, and wish it on an assuranceof its effect. The information I have received from America, of thereception of your pamphlet in the different States, agrees with theexpectations I had formed. 

Our country is getting into a ferment against yours, or rather hascaught it from yours. God knows how this will end; but assuredly inone extreme or the other. There can be no medium between those who haveloved so much. I think the decision is in your power as yet, but willnot be so long. 

I pray you to be assured of the sincerity of the esteem and respect, with which I have the honor to be, Sir, your most obedient, humble servant, Th: Jefferson. 

LETTER LXXXVII. --TO JOHN ADAMS, August 10, 1785

TO JOHN ADAMS. 

Paris, August 10, 1785. 

Dear Sir, Your favor of the 4th instant came to hand yesterday. I now enclose youthe two _Arrêts_ against the importation of foreign manufactures intothis kingdom. The cause of the balance against this country in favor ofEngland, as well as its amount, is not agreed on. No doubt, the ragefor English manufactures must be a principal cause. The speculators inexchange say, also, that those of the circumjacent countries, who havea balance in their favor against France, remit that balance to Englandfrom France. If so, it is possible that the English may count thisbalance twice: that is, in summing their exports to one of these States, and their imports from it, they count the difference once in theirfavor; then a second time, when they sum the remittances of cash theyreceive from France. There has been no _Arrêt_ relative to our commerce, since that of August, 1784. And all the late advices from the FrenchWest Indies are, that they have now in their ports always three timesas many vessels as there ever were before, and that the increaseis principally from our States. I have now no further fears of that_Arrêts_ standing its ground. When it shall become firm, I do not thinkits extension desperate. But whether the placing it on the firm basisof treaty be practicable, is a very different question. As far as it ispossible to judge from appearances, I conjecture that Crawford will donothing. I infer this from some things in his conversation, and froman expression of the Count de Vergennes, in a conversation with meyesterday. I pressed upon him the importance of opening theirports freely to us, in the moment of the oppressions of the Englishregulations against us, and perhaps of the suspension of their commerce. He admitted it; but said we had free ingress with our productions. Ienumerated them to him, and showed him on what footing they were, andhow they might be improved. We are to have further conversations on thesubject. I am afraid the voyage to Fontainebleau will interrupt them. From the inquiries I have made, I find I cannot get a very small andindifferent house there, for the season, (that is, for a month) for lessthan one hundred or one hundred and fifty guineas. This is nearly thewhole salary for the time, and would leave nothing to eat. I thereforecannot accompany the court thither, but I will endeavor to go thereoccasionally from Paris. 

They tell me it is the most favorable scene for business with the Countde Vergennes, because he is then more abstracted from the domesticapplications. Count d'Aranda is not yet returned from the waters ofVichy. As soon as he returns, I will apply to him in the case of Mr. Watson. I will pray you to insure Houdon's life from the 27th of lastmonth till his return to Paris. As he was to stay in America a monthor two, he will probably be about six months absent; but the three percent, for the voyage being once paid, I suppose they will insure hislife by the month, whether his absence be longer or shorter. The sum tobe insured is fifteen thousand livres tournois. If it be not necessaryto pay the money immediately, there is a prospect of exchange becomingmore favorable. But whenever it is necessary, be so good as to procureit by selling a draft on Mr. Grand, which I will take care shall behonored. With compliments to the ladies, I am, dear Sir, your friend and servant, Th: Jefferson. 

LETTER LXXXVIII. --TO MRS. SPROWLE, August 10, 1785

TO MRS. SPROWLE. 

Paris, August 10, 1785. 

Madam, In your letter of June the 21st, you asked my opinion whether yourselfor your son might venture to go to Virginia, to claim your possessionsthere? I had the honor of writing you, on the 5th of July, that youmight safely go there; that your person would be sacredly safe, and freefrom insult. I expressed my hopes, too, that the Assembly of Virginiawould, in the end, adopt the just and useful measure of restoringproperty unsold, and the price of that actually sold. In yours of Julythe 30th, you entreat my influence with the Assembly for retribution, and that, if I think your personal presence in Virginia would facilitatethat end, you were willing and ready to go. This seems to propose to meto take on myself the solicitation of your cause, and that you will go, if I think your personal presence will be auxiliary to my applications. I feel myself obliged to inform you frankly, that it is improper for meto solicit your case with the Assembly of Virginia. The application canonly go with propriety from yourself, or the minister of your courtto America, whenever there shall be one. If you think the sentimentsexpressed in my former letter will serve you, you are free to exhibit itto members individually; but I wish the letter not to be offered to theAssembly as a body, or referred to in any petition or memorial to them. 

I am, with much respect, Madam, your most obedient, humble servant, Th: Jefferson. 

LETTER LXXXIX. --TO CAPTAIN JOHN PAUL JONES, August 13, 1785

TO CAPTAIN JOHN PAUL JONES. 

Paris, August 13, 1785. 

Sir, Supposing you may be anxious to hear from hence, though there shouldbe nothing interesting to communicate, I write by Mr. Cairnes merely toinform you, that I have, as yet, received no answer from the Marechalde Castries. I am in daily expectation of one. Should it not be receivedsoon, I shall urge it again, which I wish to avoid however, if possible;because I think it better to await with patience a favorable decision, than by becoming importunate, to produce unfavorable dispositions, and, perhaps, a final determination of the same complexion. Should myoccupations prevent my writing awhile, be assured that it will only beas long as I have nothing to communicate, and that as soon as I receiveany answer, it shall be forwarded to you. 

I am, with much esteem, Sir, your most obedient, humble servant, Th: Jefferson. 

LETTER XC. --TO MESSRS. BUCHANAN AND HAY, August 13, 1785

TO MESSRS. BUCHANAN AND HAY. 

Paris, August 13, 1785. 

Gentlemen, Your favor of March the 20th came to hand the 14th of June, and the nextday I wrote to you, acknowledging the receipt, and apprizing you, thatbetween that date and the 1st of August, it would be impossible toprocure, and get to your hands, the drafts you desired. I did hope, indeed, to have had them prepared before this, but it will yet be sometime before they will be in readiness. I flatter myself, however, theywill give you satisfaction when you receive them, and that you willthink the object will not have lost by the delay. It was a considerabletime before I could find an architect whose taste had been formed ona study of the ancient models of his art: the style of architecture inthis capital being far from chaste. I at length heard of one, to whomI immediately addressed myself, and who perfectly fulfils my wishes. Hehas studied twenty years in Rome, and has given proofs of his skilland taste, by a publication of some antiquities of this country. Youintimate that you should be willing to have a workman sent to you tosuperintend the execution of this work. Were I to send one on thiserrand from hence, he would consider himself as the superintendant ofthe Directors themselves, and probably, of the government of the Statealso. I will give you my ideas on this subject. The columns of thebuilding, and the external architraves of the doors and windows, shouldbe of stone. Whether these are made here or there, you will need onegood stone-cutter; and one will be enough; because, under his direction, negroes, who never saw a tool, will be able to prepare the work for himto finish. I will therefore send you such a one, in time to beginwork in the spring. All the internal cornices, and other ornamentsnot exposed to the weather, will be much handsomer, cheaper, and moredurable in plaister, than in wood. I will therefore employ a goodworkman in this way, and send him to you. But he will have no employmenttill the house is covered; of course he need not be sent till nextsummer. I will take him on wages so long before hand, as that he maydraw all the ornaments in detail, under the eye of the architect, whichhe will have to execute when he comes to you. It will be the cheapestway of getting them drawn, and the most certain of putting him inpossession of his precise duty. Plaister will not answer for yourexternal cornice, and stone will be too dear. You will probably findyourselves obliged to be contented with wood. For this, therefore, andfor your window sashes, doors, frames, wainscoting, &c. You will needa capital house-joiner; and a capital one he ought to be, capable ofdirecting all the circumstances in the construction of the walls, whichthe execution of the plan will require. Such a workman cannot be gothere. Nothing can be worse done than the house-joinery of Paris. Besidesthat his speaking the language perfectly would be essential, I thinkthis character must be got from England. There are no workmen in wood, in Europe, comparable to those of England. I submit to you, therefore, the following proposition: to wit, I will get a correspondent in Englandto engage a workman of this kind. I will direct him to come here, whichwill cost five guineas. We will make proof of his execution. He shallalso make, under the eye of the architect, all the drawings for thebuilding, which he is to execute himself: and if we find him sober andcapable, he shall be forwarded to you. I expect that in the article ofthe drawings, and the cheapness of passage from France, you will savethe expense of his coming here. But as to this workman, I shall donothing unless I receive your commands. With respect to your stone work, it may be got much cheaper here than in England. The stone of Paris isvery white and beautiful; but it always remains soft, and suffers fromthe weather. The cliffs of the Seine, from hence to Havre, are allof stone. I am not yet informed whether it is all liable to the sameobjections. At Lyons, and all along the Rhone, is a stone as beautifulas that of Paris, soft when it comes out of the quarry, but very soonbecoming hard in the open air, and very durable. I doubt, however, whether the commerce between Virginia and Marseilles would affordopportunities of conveyance sufficient. It remains to be inquired, whataddition to the original cost would be made by the short land carriagefrom Lyons to the Loire, and the water transportation down that toBordeaux;, and also, whether a stone of the same quality may not befound on the Loire. In this, and all other matters relative to yourcharge, you may command my services freely. 

Having heard high commendations of a plan of a prison, drawn by anarchitect at Lyons, I sent there for it. The architect furnished me withit. It is certainly the best plan I ever saw. It unites, in the mostperfect manner, the objects of security and health, and has, moreover, the advantage, valuable to us, of being capable of being adjusted toany number of prisoners, small or great, and admitting an execution fromtime to time, as it may be convenient. The plan is under preparation asfor forty prisoners. Will you have any occasion for slate? It may be gotvery good and ready prepared at Havre; and a workman or more might besent on easy terms. Perhaps the quarry at Tuckahoe would leave you noother want than that of a workman. 

I shall be glad to receive your sentiments on the several matters hereinmentioned, that I may know how far you approve of them, as I shall withpleasure pursue strictly whatever you desire. I have the honor to be, with great respect and esteem, Gentlemen, your most obedient

and most humble servant, Th: Jefferson. 

LETTER XCI. --TO JOHN JAY, August 14, 1785

TO JOHN JAY. 

Paris, August 14, 1785. 

Sir, I was honored, on the 22nd ultimo, with the receipt of your letterof June the 15th; and delivered the letter therein enclosed, from thePresident of Congress to the King. I took an opportunity of asking theCount de Vergennes, whether the Chevalier Luzerne proposed to return toAmerica. He answered me that he did; and that he was here, for atime only, to arrange his private affairs. Of course, this stopped myproceeding further in compliance with the hint in your letter. I knewthat the Chevalier Luzerne still retained the character of ministerto Congress, which occasioned my premising the question I did. But, notwithstanding the answer, which indeed was the only one the Count deVergennes could give me, I believe it is not expected that the Chevalierwill return to America: that he is waiting an appointment here, to someof their embassies, or some other promotion, and in the mean time, as afavor, is permitted to retain his former character. Knowing the esteemborne him in America, I did not suppose it would be wished, that Ishould add any thing which might occasion an injury to him; and therather, as I presumed that, at this time, there did not exist the samereason for wishing the arrival of a minister in America, which perhapsexisted there at the date of your letter. Count Adhemar is just arrivedfrom London, on account of a paralytic disease with which he has beenstruck. It does not seem improbable, that his place will be supplied, and perhaps by the Chevalier de la Luzerne. 

A French vessel has lately refused the salute to a British armed vesselin the channel. The _Chargé des Affaires_ of Great Britain at this court(their ambassador having gone to London a few days ago) made this thesubject of a conference with the Count de Vergennes, on Tuesday last. He told me that the Count explained the transaction as the act ofthe individual master of the French vessel, not founded in any publicorders. His earnestness, and his endeavors to find terms sufficientlysoft to express the Count's explanation, had no tendency to lessen anydoubts I might have entertained on this subject. I think it possible therefusal may have been by order: nor can I believe that Great Britain isin a condition to resent it, if it was so. In this case, we shall see itrepeated by France and her example will then be soon followed by othernations. The news-writers bring together this circumstance withthe departure of the French ambassador from London, and the Englishambassador from Paris, the manoeuvring of the French fleet just off thechannel, the collecting some English vessels of war in the channel, thefailure of a commercial treaty between the two countries, and a severe_Arrêt_ here against English manufacturers, as foreboding war. It ispossible that the fleet of manoeuvre, the refusal of the salute, and theEnglish fleet of observation, may have a connexion with one another. ButI am persuaded the other facts are totally independent of these, andof one another, and are accidentally brought together in point of time. Neither nation is in a condition to go to war: Great Britain, indeed, the least so of the two. The latter power, or rather its monarch, asElector of Hanover, has lately confederated with the King of Prussia andothers of the Germanic body, evidently in opposition to the Emperor'sdesigns on Bavaria. An alliance, too, between the Empress of Russiaand the Republic of Venice, seems to have had him in view, as he hadmeditated some exchange of territory with that republic. This desertionof the powers heretofore thought friendly to him, seems to leave noissue for his ambition, but on the side of Turkey. His demarkationwith that country is still unsettled. His difference with the Dutchis certainly agreed. The articles are not yet made public; perhaps notquite adjusted. Upon the whole, we may count on another year's peace inEurope, and that our friends will not, within that time, be brought intoany embarrassments, which might encourage Great Britain to be difficultin settling the points still unsettled between us. 

You have, doubtless, seen in the papers, that this court was sendingtwo vessels into the south sea, under the conduct of a Captain Peyrouse. They give out, that the object is merely for the improvement of ourknowledge of the geography of that part of the globe. And certain it is, that they carry men of eminence in different branches of science. Their loading, however, as detailed in conversations, and some othercircumstances, appeared to me to indicate some other design: perhapsthat of colonizing on the western coast of America; or, it may be, onlyto establish one or more factories there, for the fur-trade. Perhapswe may be little interested in either of these objects. But we areinterested in another, that is, to know whether they are perfectlyweaned from the desire of possessing continental colonies in America. Events might arise, which would render it very desirable for Congressto be satisfied they have no such wish. If they would desire a colony onthe western side of America, I should not be quite satisfied that theywould refuse one which should offer itself on the eastern side. CaptainPaul Jones being at L'Orient, within a day's journey of Brest, whereCaptain Peyrouse's vessels lay, I desired him, if he could not satisfyhimself at L'Orient of the nature of this equipment, to go to Brest forthat purpose: conducting himself so as to excite no suspicion that weattended at all to this expedition. His discretion can be relied on, and his expenses for so short a journey will be a trifling price forsatisfaction on this point. I hope, therefore, that my undertakingthat the expenses of his journey shall be reimbursed him, will not bedisapproved. 

A gentleman lately arrived from New York tells me, he thinks it will besatisfactory to Congress, to be informed of the effect produced here bythe insult of Longchamps on Monsieur de Marbois. Soon after my arrivalin France last summer, it was the matter of a conversation between theCount de Vergennes and myself. I explained to him the effect of thejudgment against Longchamps. He did not say that it was satisfactory, but neither did he say a word from which I could collect that it was notso. The conversation was not official, because foreign to the characterin which I then was. He has never mentioned a word on the subject to mesince, and it was not for me to introduce it at any time. I have neveronce heard it mentioned in conversation, by any person of this country, and have no reason to suppose that there remains any uneasiness on thesubject. I have indeed been told, that they had sent orders to makea formal demand of Longchamps from Congress, and had immediatelycountermanded these orders. You know whether this be true. If it be, Ishould suspect the first orders to have been surprised from them by someexaggeration, and that the latter was a correction of their error, in the moment of further reflection. Upon the whole, there certainlyappears to me no reason to urge the State, in which the fact happened, to any violation of their laws, nor to set a precedent which mighthereafter be used in cases more interesting to us than the late one. 

In a late conversation with the Count de Vergennes, he asked me if thecondition of our finances was improving. He did not make an applicationof the question to the arrearages of their interest, though perhapshe meant that I should apply it. I told him the impost still foundobstacles, and explained to him the effects which I hoped from our landoffice. Your letter of the 15th of April did not come to hand tillthe 27th ultimo. I enclose a letter from Mr. Dumas to the President ofCongress, and accompany the present with the Leyden Gazette and Gazetteof France, from the date last sent you to the present time. I have thehonor to be, with high esteem, Sir, your most obedient

and most humble servant, Th: Jefferson. 

LETTER XCII. --TO THE COUNT DE VERGENNES, August 15, 1785

TO THE COUNT DE VERGENNES. 

Paris, August 15, 1785. 

Sir, In the conversation which I had the honor of having with yourExcellency, a few days ago, on the importance of placing, at this time, the commerce between France and America on the best footing possible, among other objects of this commerce, that of tobacco was mentioned, assusceptible of greater encouragement and advantage to the two nations. Always distrusting what I say in a language I speak so imperfectly, Iwill beg your permission to state, in English, the substance of what Ihad then the honor to observe, adding some more particular details foryour consideration. 

I find the consumption of tobacco in France estimated at from fifteen tothirty millions of pounds. The most probable estimate, however, placesit at twenty-four millions. 

This costing eight sous the pound, delivered in

a port of France, amounts to. . . . . . . . . . . . . . . 9, 600, 000 livres. 

Allow six sous a pound, as the average cost of the

different manufactures. . . . . . . . . . . . . . . . . . . . . 7, 200, 000

The revenue which the King derives from this, is

something less than. . . . . . . . . . . . . . . . . . . . . . . 30, 000, 000

Which would make the cost of the whole. . . 46, 800, 000

But it is sold to the consumers at an average of

three livres the pound. . . . . . . . . . . . . . . . . . . . 72, 000, 000

There remain then for the expenses

of collection. . . . . . . . . . . . . . . . . . . . . . . . . . . . 25, 200, 000 livres. 

This is within a sixth as much as the King receives, and so gives nearlyone half for collecting the other. It would be presumption in me, astranger, to suppose my numbers perfectly accurate. I have taken themfrom the best and most disinterested authorities I could find. YourExcellency will know how far they are wrong; and should you find themconsiderably wrong, yet I am persuaded you will find, after strictlycorrecting them, that the collection of this branch of the revenue stillabsorbs too much. 

My apology for making these remarks will, I hope, be found in my wishesto improve the commerce between the two nations, and the interest whichmy own country will derive from this improvement. The monopoly of thepurchase of tobacco in France, discourages both the French and Americanmerchant from bringing it here, and from taking in exchange themanufactures and productions of France. It is contrary to the spirit oftrade, and to the dispositions of merchants, to carry a commodity to anymarket where but one person is allowed to buy it, and where, of course, that person fixes its price, which the seller must receive, or reexporthis commodity, at the loss of his voyage thither. Experience accordinglyshows, that they carry it to other markets, and that they take inexchange the merchandise of the place where they deliver it. I ammisinformed, if France has not been furnished from a neighboring nationwith considerable quantities of tobacco, since the peace, and beenobliged to pay there in coin, what might have been paid here inmanufactures, had the French and American merchants bought the tobaccooriginally here. I suppose, too, that the purchases made by the FarmersGeneral, in America, are paid for chiefly in coin, which coin is alsoremitted directly hence to England, and makes an important part of thebalance supposed to be in favor of that nation against this. Shouldthe Farmers General, by themselves, or by the company to whom theymay commit the procuring these tobaccos from America, require, for thesatisfaction of government on this head, the exportation of a proportionof merchandise in exchange for them, it would be an unpromisingexpedient. It would only commit the exports, as well as imports, betweenFrance and America, to a monopoly, which, being secure against rivalsin the sale of the merchandise of France, would not be likely to sellat such moderate prices as might encourage its consumption there, and enable it to bear a competition with similar articles from othercountries. I am persuaded this exportation of coin may be prevented, andthat of commodities effected, by leaving both operations to the Frenchand American merchants, instead of the Farmers General. They will importa sufficient quantity of tobacco, if they are allowed a perfect freedomin the sale; and they will receive in payment, wines, oils, brandies, and manufactures, instead of coin; forcing each other, by theircompetition, to bring tobaccos of the best quality; to give to theFrench manufacturer the full worth of his merchandise; and to sellto the American consumer at the lowest price they can afford; thusencouraging him to use, in preference, the merchandise of this country. 

It is not necessary that this exchange should be favored by any loss ofrevenue to the King. I do not mean to urge any thing which shall injureeither his Majesty or his people. On the contrary, the measure I havethe honor of proposing, will increase his revenue, while it places boththe seller and buyer on a better footing. It is not for me to say, whatsystem of collection may be best adapted to the organization of thisgovernment; nor whether any useful hints may be taken from the practiceof that country, which has heretofore been the principal entrepotfor this commodity. Their system is simple and little expensive. Theimporter there, pays the whole duty to the King: and as this wouldbe inconvenient for him to do before he has sold his tobacco, he ispermitted, on arrival, to deposite it in the King's warehouse, under thelocks of the King's officer. As soon as he has sold it, he goes with thepurchaser to the warehouse; the money is there divided between theKing and him, to each his proportion, and the purchaser takes out thetobacco. The payment of the King's duty is thus ensured in ready money. What is the expense of its collection, I cannot say; but it certainlyneed not exceed six livres a hogshead of one thousand pounds. Thatgovernment levies a higher duty on tobacco than is levied here. Yetso tempting and so valuable is the perfect liberty of sale, that themerchant carries it there and finds his account in doing so. 

If, by a simplification of the collection of the King's duty on tobacco, the cost of that collection can be reduced even to five per cent. , ora million and a half, instead of twenty-five millions; the price to theconsumer will be reduced from three to two livres the pound. For thus Icalculate. 

The cost, manufacture, and revenue, on twenty-four million pounds

of tobacco being (as before stated). . . . . . . . . . . . . . . . 46, 800, 000 livres. 

Five per cent, on thirty millions of livres, expenses of collection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1, 500, 000

Give what the consumers would pay, being

about two livres a pound. . . . . . . . . . . . . . . . . . . . . . . . . . . 48, 300, 000

But they pay at present three livres a pound. . . . . . 72, 000, 000

The difference is. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23, 700, 000

The price being thus reduced one third, would be brought within thereach of a new and numerous circle of the people, who cannot, atpresent, afford themselves this luxury. The consumption, then, wouldprobably increase, and perhaps in the same if not a greater proportion, with the reduction of the price; that is to say, from twenty-four tothirty-sis millions of pounds: and the King, continuing to receivetwenty-five sous on the pound, as at present, would receive forty-fireinstead of thirty millions of livres, while his subjects would pay buttwo livres for an object which has heretofore cost them three. Or if, in event, the consumption were not to be increased, he would levy onlyforty-eight millions on his people, where seventy-two millions are nowlevied, and would leave twenty-four millions in their pockets, eitherto remain there, or to be levied in some other form, should the stateof revenue require it. It will enable his subjects, also, to dispose ofbetween nine and ten millions' worth of their produce and manufactures, instead of sending nearly that sum annually, in coin, to enrich aneighboring nation. 

I have heard two objections made to the suppression of this monopoly. 1. That it might increase the importation of tobacco in contraband. 2. Thatit would lessen the abilities of the Farmers General to make occasionalloans of money to the public treasury. These objections will surely bebetter answered by those who are better acquainted than I am with thedetails and circumstances of the country. With respect to the first, however, I may observe, that contraband does not increase on lesseningthe temptations to it. It is now encouraged, by those who engage in itbeing able to sell for sixty sous what cost but fourteen, leaving a gainof forty-six sous. When the price shall be reduced from sixty to fortysous, the gain will be but twenty-six, that is to say, a little morethan one half of what it is at present. It does not seem a naturalconsequence, then, that contraband should be increased by reducing itsgain nearly one half. As to the second objection, if we suppose (forelucidation and without presuming to fix) the proportion of the farm ontobacco, at one eighth of the whole mass farmed, the abilities of theFarmers General to lend will be reduced one eighth, that is, they canhereafter lend only seven millions, where heretofore they have lenteight. It is to be considered, then, whether this eighth (or otherproportion, whatever it be) is worth the annual sacrifice of twenty-fourmillions, or if a much smaller sacrifice to other monied men, will notproduce the same loans of money in the ordinary way. 

While the advantages of an increase of revenue to the crown, adiminution of impost on the people, and a payment in merchandiseinstead of money, are conjectured as likely to result to France from asuppression of the monopoly on tobacco, we have also reason to hope someadvantages on our part; and this hope alone could justify my enteringinto the present details. I do not expect this advantage will be byan augmentation of price. The other markets of Europe have too muchinfluence on this article, to admit any sensible augmentation of priceto take place. But the advantage I principally expect, is an increaseof consumption. This will give us a vent for so much more, and, ofconsequence, find employment for so many more cultivators of the earth:and in whatever proportion it increases this production for us, in thesame proportion will it procure additional vent for the merchandise ofFrance, and employment for the hands which produce it. I expect too, that by bringing our merchants here, they would procure a number ofcommodities in exchange, better in kind, and cheaper in price. It iswith sincerity I add, that warm feelings are indulged in my breast bythe further hope, that it would bind the two nations still closer infriendship, by binding them in interest. In truth, no two countriesare better calculated for the exchanges of commerce. France wants rice, tobacco, potash, furs, and ship timber. We want wines, brandies, oils, and manufactures. There is an affection, too, between the two people, which disposes them to favor one another. They do not come together, then, to make the exchange in their own ports, it shows there is somesubstantial obstruction in the way. We have had the benefit of too manyproofs of his Majesty's friendly disposition towards the United States, and know too well his affectionate care of his own subjects, todoubt his willingness to remove these obstructions, if they can beunequivocally pointed out. It is for his wisdom to decide, whether themonopoly, which is the subject of this letter, be deservedly classedwith the principal of these. It is a great comfort to me too, that inpresenting this to the mind of his Majesty, your Excellency will correctmy ideas where an insufficient knowledge of facts may have led me intoerror; and that while the interests of the King and of his people arethe first object of your attention, an additional one will be presentedby those dispositions towards us, which have heretofore so oftenbefriended our nation. 

I avail myself of this occasion to repeat the assurance of that highrespect and esteem, with which I have the honor to be

your Excellency's most obedient

and most humble servant, Th: Jefferson. 

LETTER XCIII. --TO CAPTAIN JOHN PAUL JONES, August 17, 1785

TO CAPTAIN JOHN PAUL JONES. 

Sir, Paris, August 17, 1785. 

Mine of the 13th informed you that I had written to the M. De Castrieson the subject of Puchilberg's interference. Yesterday I received hisanswer dated the 12th. In that, he says that he is informed by the_Ordonnateur_, that he has not been able to get an authentic roll ofthe crew of the Alliance, and that, in the probable case of there havingbeen some French subjects among them, it will be just that you shouldgive security to repay their portions. I wrote to him this morning, thatas you have obliged yourself to transmit the money to the treasury ofthe United States, it does not seem just to require you to be answerablefor money which will be no longer within your power; that the repaymentof such portions will be incumbent on Congress; that I will immediatelysolicit their orders to have all such claims paid by their banker here:and that should any be presented before I receive their orders, I willundertake to direct the banker of the United States to pay them, thatthere may be no delay. I trust that this will remove the difficulty, andthat it is the last which will be offered. The ultimate answer shallbe communicated the moment I receive it. Having pledged myself for theclaims which may be offered, before I receive the orders of Congress, it is necessary to arm myself with the proper checks. Can you give mea roll of the crew, pointing out the French subjects? If not, can yourecollect personally the French subjects, and name them to me, and thesums they are entitled to? it there were none such, yet the roll willbe material, because I have no doubt that Puchilberg will excite claimsupon me, either true or false, I am, with much respect, Sir, your most obedient, humble servant, Th: Jefferson. 

LETTER XCIV. --TO WILLIAM CARMICHAEL, August 18, 1785

TO WILLIAM CARMICHAEL. 

Pads, August 18, 1785. 

Dear Sir, My last to you was of June the 22nd, with a postscript of July the 14th. Yours of June the 27th came to hand the 23rd of July, and that of Julythe 28th came to hand the 10th instant. The papers enclosed in the lastshall be communicated to Mr. Adams. I see with extreme satisfaction andgratitude, the friendly interposition of the court of Spain with theEmperor of Morocco, on the subject of the brig Betsy, and I am persuadedit will produce the happiest effects in America. Those who are entrustedwith the public affairs there, are sufficiently sensible how essentiallyit is for our interest to cultivate peace with Spain, and they will bepleased to see a corresponding disposition in that court. The lategood office of emancipating a number of our countrymen from slavery ispeculiarly calculated to produce a sensation among our people, and todispose them to relish and adopt the pacific and friendly views oftheir leaders towards Spain. We hear nothing yet of Mr. Lambe. I havetherefore lately proposed to Mr. Adams, that if he does not come in theFrench or English packet of this month, we will wait no longer. If heaccedes to the proposition, you will be sure of hearing of, and perhapsof seeing, some agent proceeding on that business. The immense sumsaid to have been proposed, on the part of Spain, to Algiers, leaves uslittle hope of satisfying their avarice. It may happen then, that theinterests of Spain and America may call for a concert of proceedingsagainst that State. The dispositions of the Emperor of Morocco give usbetter hopes there. May not the affairs of the Musquito coast, and ourwestern ports, produce another instance of a common interest? Indeed, I meet this correspondence of interest in so many quarters, that I lookwith anxiety to the issue of Mr. Gardoqui's mission; hoping it will bea removal of the only difficulty at present subsisting between the twonations, or which is likely to arise. 

Congress are not likely to adjourn this summer. They have purchased theIndian right of soil to about fifty millions of acres of land, betweenthe Ohio and lakes, and expected to make another purchase of an equalquantity. They have, in consequence, passed an ordinance for disposingof their lands, and I think a very judicious one. They propose to sellthem at auction for not less than a dollar an acre, receiving their owncertificates of debt as money. I am of opinion all the certificates ofour domestic debt will immediately be exchanged for land, Our foreigndebt, in that case, will soon be discharged. New York and Rhode Islandstill refuse the impost. A general disposition is taking place to committhe whole management of our commerce to Congress. This has been muchpromoted by the interested policy of England, which, it was apparent, could not be counter-worked by the States separately. In the mean time, the other great towns are acceding to the proceedings of Boston forannihilating, in a great measure, their commercial connections withGreat Britain. I will send the cipher by a gentleman who goes from hereto Madrid about a month hence. It shall be a copy of the one I gave Mr. Adams. The letter of Don Gomez has been delivered at the hotel of thePortuguese ambassador, who is, however, in the country. I am with muchrespect, Dear Sir, your most obedient, humble servant, Th: Jefferson. 

LETTER XCV. --TO PETER CARR--Advice to a young man, Aug. 19, 1785

TO PETER CARR. 

Paris, August 19, 1785. 

Dear Peter, I received, by Mr. Mazzei, your letter of April the 20th. I am muchmortified to hear that you have lost so much time; and that when youarrived in Williamsburg, you were not at all advanced from what you werewhen you left Monticello. Time now begins to be precious to you. Everyday you lose, will retard a day your entrance on that public stagewhereon you may begin to be useful to yourself. However, the way torepair the loss is to improve the future time. I trust, that with yourdispositions, even the acquisition of science is a pleasing employment. I can assure you, that the possession of it is, what (next to an honestheart) will above all things render you dear to your friends, and giveyou fame and promotion in your own country. When your mind shall be wellimproved with science, nothing will be necessary to place you in thehighest points of view, but to pursue the interests of your country, theinterests of your friends and your own interests also, with the purestintegrity, the most chaste honor. The defect of these virtues can neverbe made up by all the other acquirements of body and mind. Make thesethen your first object. Give up money, give up fame, give up science, give the earth itself and all it contains, rather than do an immoralact. And never suppose, that in any possible situation, or under anycircumstances, it is best for you to do a dishonorable thing, howeverslightly so it may appear to you. Whenever you are to do a thing, thoughit can never be known but to yourself, ask yourself how you would actwere all the world looking at you, and act accordingly. Encourage allyour virtuous dispositions, and exercise them whenever an opportunityarises; being assured that they will gain strength by exercise, as alimb of the body does, and that exercise will make them habitual. Fromthe practice of the purest virtue, you may be assured you will derivethe most sublime comforts in every moment of life, and in the momentof death. If ever you find yourself environed with difficultiesand perplexing circumstances, out of which you are at a loss how toextricate yourself, do what is right, and be assured that that willextricate you the best out of the worst situations. Though you cannotsee, when you take one step, what will be the next, yet follow truth, justice, and plain dealing, and never fear their leading you out of thelabyrinth, in the easiest manner possible. The knot which you thought aGordian one, will untie itself before you. Nothing is so mistaken as thesupposition, that a person is to extricate himself from a difficulty byintrigue, by chicanery, by dissimulation, by trimming, by an untruth, by an injustice. This increases the difficulties ten fold; and those whopursue these methods, get themselves so involved at length, that theycan turn no way but their infamy becomes more exposed. It is of greatimportance to set a resolution, not to be shaken, never to tell anuntruth. There is no vice so mean, so pitiful, so contemptible; and hewho permits himself to tell a lie once, finds it much easier to do it asecond and third time, till a length it becomes habitual; he tells lieswithout attending to it, and truths without the world's believing him. This falsehood of the tongue leads to that of the heart, and in timedepraves all its good dispositions. 

An honest heart being the first blessing, a knowing head is the second. It is time for you now to begin to be choice in your reading; to beginto pursue a regular course in it; and not to suffer yourself to beturned to the right or left by reading any thing out of that course. 1have long ago digested a plan for you, suited to the circumstances inwhich you will be placed. This I will detail to you, from time to time, as you advance. For the present, I advise you to begin a courseof ancient history, reading every thing in the original and not intranslations. First read Goldsmith's History of Greece. This will giveyou a digested view of that field. Then take up ancient history in thedetail, reading the following books in the following order: Herodotus, Thucydides, Xenophontis Hellenica, Xenophontis Anabasis, Arrian, QuintusCurtius, Diodorus Siculus, Justin. This shall form the first stage ofyour historical reading, and is all I need mention to you now. Thenext, will be of Roman history. * From that we will come down to modernhistory. In Greek and Latin poetry, you have read or will read atschool, Virgil, Terence, Horace, Anacreon, Theocritus, Homer, Euripides, Sophocles. Read also Milton's Paradise Lost, Shakspeare, Ossian, Pope'sand Swift's works, in order to form your style in your own language. In morality, read Epictetus, Xenophontis Memorabilia, Plato's Socraticdialogues, Cicero's philosophies, Antoninus, and Seneca. 

 * Livy, Sullust, Cæsar, Cicero's Epistles, Suetonius, Tacitus, Gibbon. 

In order to assure a certain progress in this reading, consider whathours you have free from the school and the exercises of the school. Give about two of them every day to exercise; for health must not besacrificed to learning. A strong body makes the mind strong. As tothe species of exercise, I advise the gun. While this gives a moderateexercise to the body, it gives boldness, enterprise, and independence tothe mind. Games played with the ball, and others of that nature, are tooviolent for the body, and stamp no character on the mind. Let your guntherefore be the constant companion of your walks. Never think of takinga book with you. The object of walking is to relax the mind. You shouldtherefore not permit yourself even to think while you walk; but divertyour attention by the objects surrounding you. Walking is the bestpossible exercise. Habituate yourself to walk very far. The Europeansvalue themselves on having subdued the horse to the uses of man; but Idoubt whether we have not lost more than we have gained, by the use ofthis animal. No one has occasioned so much the degeneracy of the humanbody. An Indian goes on foot nearly as far in a day, for a long journey, as an enfeebled white does on his horse; and he will tire the besthorses. There is no habit you will value so much as that of walkingfar without fatigue. I would advise you to take your, exercise in theafternoon: not because it is the best time for exercise, for certainlyit is not; but because it is the best time to spare from your studies;and habit will soon reconcile it to health, and render it nearly asuseful as if you gave to that the more precious hours of the day. Alittle walk of half an hour in the morning, when you first rise, isadvisable also. It shakes off sleep, and produces other good effects inthe animal economy. Rise at a fixed and an early hour, and go to bed ata fixed and early hour also. Sitting up late at night is injurious tothe health, and not useful to the mind. Having ascribed proper hours toexercise, divide what remain (I mean of your vacant hours) into threeportions. Give the principal to History, the other two, which should beshorter, to Philosophy and Poetry. Write to me once every month or two, and let me know the progress you make. Tell me in what manner you employevery hour in the day. The plan I have proposed for you is adapted toyour present situation only. When that is changed, I shall propose acorresponding change of plan. I have ordered the following books to besent you from London, to the care of Mr. Madison. Herodotus, Thucydides, Xenophon's Hellenics, Anabasis, and Memorabilia, Cicero's works, Baretti's Spanish and English Dictionary, Martin's PhilosophicalGrammar, and Martin's Philosophia Britannica. I will send you thefollowing from hence. Bezout's Mathematics, De la Lande's Astronomy, Muschenbroeck's Physics, Quintus Curtius, Justin, a Spanish Grammar, andsome Spanish books, You will observe that Martin, Bezout, De la Lande, and Muschenbroeck are not in the preceding plan. They are not to beopened till you go to the University. You are now, I expect, learningFrench. You must push this; because the books which will be put intoyour hands when you advance into Mathematics, Natural Philosophy, Natural History, &c. Will be mostly French, these sciences being bettertreated by the French than the English writers. Our future connectionwith Spain renders that the most necessary of the modern languages, after the French. When you become a public man, you may have occasionfor it, and the circumstance of your possessing that language may giveyou a preference over other candidates. I have nothing further to addfor the present, but husband well your time, cherish your instructors, strive to make every body your friend; and be assured that nothing willbe so pleasing, as your success, to, Dear Peter, Your's affectionately, Th: Jefferson. 

LETTER XCVI. --TO JOHN PAGE, August 20 1785

TO JOHN PAGE. 

Paris, August 20 1785. 

Dear Page, I received your friendly letter of April the 28th, by Mr. Mazzei, on the22nd of July. That of the month before, by Monsieur La Croix, has notcome to hand. This correspondence is grateful to some of my warmestfeelings, as the friendships of my youth are those which adhere closestto me, and in which I most confide. My principal happiness is now in theretrospect of life. 

I thank you for your notes of your operations on the Pennsylvaniaboundary. I am in hopes that from yourself, Madison, Rittenhouse, orHutchings, I shall receive a chart of the line as actually run. It willbe a great present to me. I think Hutchings promised to send it to me. Ihave been much pleased to hear you had it in contemplation, to endeavorto establish Rittenhouse in our college. This would be an immenseacquisition, and would draw youth to it from every part of thecontinent. You will do much more honor to our society, on reviving it, by placing him at its head, than so useless a member as I should be. Ihave been so long diverted from this my favorite line, and that, too, without acquiring an attachment to my adopted one, that I am become amongrel, of no decided order, unowned by any, and incapable of servingany. I should feel myself out of my true place too, to stand beforeMcLurg. But why withdraw yourself? You have more zeal, more application, and more constant attention to the subjects proper to the society, andcan, therefore, serve them best. 

The affair of the Emperor and Dutch is settled, though not signed. Theparticulars have not yet transpired. That of the Bavarian exchange isdropped, and his views on Venice defeated. The alliance of Russiawith Venice, to prevent his designs in that quarter, and that of theHanoverian Elector with the King of Prussia and other members of theGermanic body, to prevent his acquisition of Bavaria, leave him in asolitary situation. In truth, he has lost much reputation by his latemanoeuvres. He is a restless, ambitious character, aiming at everything, persevering in nothing, taking up designs without calculating theforce which will be opposed to him, and dropping them on the appearanceof firm opposition. He has some just views and much activity. The onlyquarter in which the peace of Europe seems at present capable of beingdisturbed, is on that of the Porte. It is believed that the Emperorand Empress have schemes in contemplation for driving the Turks out ofEurope. Were this with a view to re-establish the native Greeks in thesovereignty of their own country, I could wish them success, and to seedriven from that delightful country, a set of barbarians, with whom anopposition to all science is an article of religion. The modern Greek isnot yet so far departed from its ancient model, but that we might stillhope to see the language of Homer and Demosthenes flow with purity fromthe lips of a free and ingenious people. But these powers have in objectto divide the country between themselves. This is only to substitute oneset of barbarians for another, breaking, at the same time, the balanceamong the European powers. You have been told with truth, that theEmperor of Morocco has shown a disposition to enter into treaty withus: but not truly, that Congress has not attended to his advances, andthereby disgusted him. It is long since they took measures to meet hisadvances. But some unlucky incidents have delayed their effect. Hisdispositions continue good. As a proof of this, he has lately releasedfreely, and clothed well, the crew of an American brig he took lastwinter; the only vessel ever taken from us by any of the States ofBarbary. But what is the English of these good dispositions? Plainlythis; he is ready to receive us into the number of his tributaries. Whatwill be the amount of tribute, remains yet to be known, but it probablywill not be as small as you may have conjectured. It will surely bemore than a free people ought to pay to a power owning only four or fivefrigates, under twenty-two guns: he has not a port into which a largervessel can enter. The Algerines possess fifteen or twenty frigates, from that size up to fifty guns. Disinclination on their part has latelybroken off a treaty between Spain and them, whereon they were to havereceived a million of dollars, besides great presents in naval stores. What sum they intend we shall pay, I cannot say. Then follow Tunis andTripoli. You will probably find the tribute to all these powers makesuch a proportion of the federal taxes, as that every man will feel themsensibly, when he pays those taxes. The question is whether their peaceor war will be cheapest. But it is a question which should be addressedto our honor, as well as our avarice. Nor does it respect us as to thesepirates only, but as to the nations of Europe. If we wish our commerceto be free and uninsuked, we must let these nations see that we have anenergy which at present they disbelieve. The low opinion they entertainof our powers, cannot fail to involve us soon in a naval war. 

I shall send you with this, if I can. , and if not, then by the firstgood conveyance, the _Connoissance des Tems_ for the years 1786 and1787, being all as yet published. You will find in these the tables forthe planet Herschel, as far as the observations, hitherto made, admitthem to be calculated. You will see, also, that Herschel was only thefirst astronomer who discovered it to be a planet, and not the first whosaw it. Mayer saw it in the year 1756, and placed it in the catalogue ofhis zodiacal stars, supposing it to be such. A Prussian astronomer, inthe year 1781, observed that the 964th star of Mayer's catalogue wasmissing: and the calculations now prove that at the time Mayer saw his964th star, the planet Herschel should have been precisely in the placewhere he noted that star. I shall send you also a little publicationhere, called the _Bibliothèque Physico-oeconomique_. It will communicateall the improvements and new discoveries in the arts and sciences, madein Europe for some years past. I shall be happy to hear from you often. Details, political and literary, and even of the small history of ourcountry, are the most pleasing communications possible. Present meaffectionately to Mrs. Page, and to your family, in the members ofwhich, though unknown to me, I feel an interest on account of theirparents. Believe me to be with warm esteem, dear Page, your sincerefriend and servant, Th: Jefferson. 

LETTER XCVII. --TO JOHN JAY, August 23, 1785

TO JOHN JAY. 

(Private. ) Paris, August 23, 1785. 

Dear Sir, I shall sometimes ask your permission to write you letters, notofficial, but private. The present is of this kind, and is occasionedby the question proposed in yours of June the 14th; 'Whether it would beuseful to us, to carry all our own productions, or none?'

Were we perfectly free to decide this question, I should reason asfollows. We have now lands enough to employ an infinite number of peoplein their cultivation. Cultivators of the earth are the most valuablecitizens. They are the most vigorous, the most independent, the mostvirtuous, and they are tied to their country, and wedded to its libertyand interests, by the most lasting bonds. As long, therefore, asthey can find employment in this line, I would not convert them intomariners, artisans, or any thing else. But our citizens will findemployment in this line, till their numbers, and of course theirproductions, become too great for the demand, both internal and foreign. This is not the case as yet, and probably will not be for a considerabletime. As soon as it is, the surplus of hands must be turned to somethingelse. I should then, perhaps, wish to turn them to the sea in preferenceto manufactures; because, comparing the characters of the two classes, I find the former the most valuable citizens. I consider the class ofartificers as the panders of vice, and the instruments by which theliberties of a country are generally overturned. However, we are notfree to decide this question on principles of theory only. Our peopleare decided in the opinion, that it is necessary for us to take a sharein the occupation of the ocean, and their established habits inducethem to require that the sea be kept open to them, and that that line ofpolicy be pursued, which will render the use of that element to themas great as possible. I think it a duty in those entrusted with theadministration of their affairs, to conform themselves to the decidedchoice of their constituents: and that therefore, we should, in everyinstance, preserve an equality of right to them in the transportation ofcommodities, in the right of fishing, and in the other uses of the sea. 

But what will be the consequence? Frequent wars without a doubt. Theirproperty will be violated on the sea and in foreign ports, their personswill be insulted, imprisoned, &c. For pretended debts, contracts, crimes, contraband, &c. &c. These insults must be resented, even if wehad no feelings, yet to prevent their eternal repetition; or, in otherwords, our commerce on the ocean and in other countries must be paid forby frequent war. The justest dispositions possible in ourselves will notsecure us against it. It would be necessary that all other nations werejust also. Justice indeed, on our part, will save us from those warswhich would have been produced by a contrary disposition. But how canwe prevent those produced by the wrongs of other nations? By puttingourselves in a condition to punish them. Weakness provokes insult andinjury, while a condition to punish, often prevents them. This reasoningleads to the necessity of some naval force; that being the only weaponwith which we can reach an enemy. I think it to our interest to punishthe first insult: because an insult unpunished is the parent of manyothers. We are not, at this moment, in a condition to do it, but weshould put ourselves into it, as soon as possible. If a war with Englandshould take place, it seems to me that the first thing necessary, wouldbe a resolution to abandon the carrying trade, because we cannot protectit. Foreign nations must, in that case, be invited to bring us what wewant, and to take our productions in their own bottoms. This alone couldprevent the loss of those productions to us, and the acquisition ofthem to our enemy. Our seamen might be employed in depredations on theirtrade. But how dreadfully we shall suffer on our coasts, if we haveno force on the water, former experience has taught us. Indeed, I lookforward with horror to the very possible case of war with an Europeanpower, and think there is no protection against them, but from thepossession of some force on the sea. Our vicinity to their West Indiapossessions, and to the fisheries, is a bridle which a small navalforce, on our part, would hold in the mouths of the most powerful ofthese countries. I hope our land office will rid us of our debts, andthat our first attention then will be, to the beginning a naval force, of some sort. This alone can countenance our people as carriers on thewater, and I suppose them to be determined to continue such. 

I wrote you two public letters on the 14th instant, since which I havereceived yours of July the 13th. I shall always be pleased to receivefrom you, in a private way, such communications as you might not chooseto put into a public letter. 

I have the honor to be, with very sincere esteem, Dear Sir, your most obedient, humble servant, Th: Jefferson. 

LETTER XCVIII. --TO COLONEL MONROE, August 28, 1735

TO COLONEL MONROE. 

Paris, August 28, 1735. 

Dear Sir, I wrote you on the 5th of July by Mr. Franklin, and on the 12th of thesame month by Monsieur Houdon. Since that date, yours of June the 16th, by Mr. Mazzei, has been received. Every thing looks like peace here. Thesettlement between the Emperor and Dutch is not yet published, but it isbelieved to be agreed on. Nothing is done, as yet, between him andthe Porte. He is much wounded by the confederation of several of theGermanic body, at the head of which is the King of Prussia, and to whichthe King of England, as Elector of Hanover, is believed to accede. Theobject is to preserve the constitution of that empire. It shows thatthese princes entertain serious jealousies of the ambition of theEmperor, and this will very much endanger the election of his nephew asKing of the Romans. A late _Arrêt_ of this court against the admissionof British manufactures produces a great sensation in England. I wishit may produce a disposition there to receive our commerce in all theirdominions, on advantageous terms. This is the only balm which can healthe wounds that it has received. It is but too true, that that countryfurnished markets for three fourths of the exports of the eightnorthernmost states. A truth not proper to be spoken of, but whichshould influence our proceedings with them. 

The July French packet having arrived without bringing any news of Mr. Lambe, if the English one of the same month be also arrived, withoutnews of him, I expect Mr. Adams will concur with me in sending someother person to treat with the Barbary States. Mr. Barclay is willing togo, and I have proposed him to Mr. Adams, but have not yet received hisanswer. The peace expected between Spain and Algiers will probablynot take place. It is said the former was to have given a million ofdollars. Would it not be prudent to send a minister to Portugal? Ourcommerce with that country is very important; perhaps more so than withany other country in Europe. It is possible too, that they might permitour whaling vessels to refresh in Brazil, or give some other indulgencesin America. The lethargic character of their ambassador here, gives avery unhopeful aspect to a treaty on this ground. I lately spoke withhim on the subject, and he has promised to interest himself in obtainingan answer from his court. 

I have waited to see what was the pleasure of Congress, as to thesecretaryship of my office here; that is, to see whether they proposedto appoint a secretary of legation, or leave me to appoint a privatesecretary. Colonel Humphreys' occupation in the despatches and recordsof the matters which relate to the general commissions, does not affordhim leisure to aid me in my office, were I entitled to ask that aid. Inthe mean time, the long papers which often accompany the communicationsbetween the ministers here and myself, and the other business of theoffice, absolutely require a scribe. I shall, therefore, on Mr. Short'sreturn from the Hague, appoint him my private secretary, 'til congressshall think proper to signify their pleasure. The salary allowed Mr. Franklin, in the same office, was one thousand dollars a year. I shallpresume that Mr Short may draw the same allowance from the funds of theUnited States here. As soon as I shall have made this appointment, Ishall give official notice of it to Mr. Jay, that Congress may, if theydisapprove it, say so. 

I am much pleased with your land ordinance, and think it improved fromthe first, in the most material circumstances. I had mistaken the objectof the division of the lands among the States. I am sanguine in myexpectations of lessening our debts by this fund, and have expressedmy expectations to the minister and others here. I see by the publicpapers, you have adopted the dollar as your money unit. In thearrangement of coins, I proposed, I ought to have inserted a gold coinof five dollars, which, being within two shillings of the value of aguinea, would be very convenient. 

The English papers are so incessantly repeating their lies, about thetumults, the anarchy, the bankruptcies, and distresses of America, thatthese ideas prevail very generally in Europe. At a large table whereI dined the other day, a gentleman from Switzerland expressed hisapprehensions for the fate of Dr. Franklin, as he said he had beeninformed, that he would be received with stones by the people, who weregenerally dissatisfied with the Revolution, and incensed againstall those who had assisted in bringing it about. I told him hisapprehensions were just, and that the people of America would probablysalute Dr. Franklin with the same stones they had thrown at the MarquisFayette. The reception of the Doctor is an object of very generalattention, and will weigh in Europe, as an evidence of the satisfactionor dissatisfaction of America with their Revolution. As you are to bein Williamsburg early in November, this is the last letter I shall writeyou till about that time. 

I am, with very sincere esteem, dear Sir, your friend and servant, Th: Jefferson. 

LETTER XCIX. --TO CAPTAIN JOHN PAUL JONES, August 29, 1785

TO CAPTAIN JOHN PAUL JONES. 

Paris, August 29, 1785. 

Sir, I received this moment a letter from the Marechal de Castries, of whichthe enclosed is a copy. Having engaged to him to solicit orders forthe payment of any part of this money due to French subjects to be madehere, and moreover engaged that, in the mean time, I will order payment, should any such claimants offer themselves; I pray you to furnishme with all the evidence you can, as to what French subjects may beentitled to any part of the monies you will receive, and to how much, each of them; and also to advise me by what means I can obtain a certainroll of all such claimants. 

I am, Sir, with great esteem, your most obedient, humble servant, Th: Jefferson. 

LETTER C. --TO JOHN JAY, August 30, 1785

TO JOHN JAY. 

Paris, August 30, 1785. 

Sir, I had the honor of writing to you on the 14th instant, by a Mr. Cannonof Connecticut, who was to sail in the packet. Since that date yours ofJuly the 13th has come to hand. The times for the sailing of the packetsbeing somewhat deranged, I avail myself of a conveyance for the present, by the Mr. Fitzhugbs of Virginia, who expect to land at Philadelphia. 

I enclose you a correspondence which has taken place between theMarechal de Castries, minister of the Marine, and myself. It is onthe subject of the prize-money, due to the officers and crew of theAlliance, for prizes taken in Europe, under the command of CaptainJones. That officer has been here, under the direction of Congress, near two years, soliciting the liquidation and payment of that money. Infinite delays had retarded the liquidation till the month of June. Itwas expected, when the liquidation was announced to be completed, thatthe money was to be received. The M. De Castries doubted the authorityof Captain Jones to receive it, and wrote to me for information. Iwrote him a letter dated July the 10th, which seemed to clear away thatdifficulty. Another arose. A Mr. Puchilberg presented powers to receivethe money. I wrote then the letter of August the 3rd, and receivedthat of the M. De Castries, of August the 12th, acknowledging he wassatisfied as to this difficulty, but announcing another; to wit, thatpossibly some French subjects might have been on board the Alliance, andtherefore, that Captain Jones ought to give security for the repaymentof their portions. Captain Jones had before told me there was not aFrenchman on board that vessel, but the captain. I inquired of Mr. Barclay. . He told me he was satisfied there was not one. Here, then, was a mere possibility, a shadow of right, opposed to a certain, to asubstantial one, which existed in the mass of the crew, and which waslikely to be delayed; for it was not to be expected that CaptainJones could, in a strange country, find the security required. Thesedifficulties I suppose to have been conjured up, one after another, byMr. Puchilberg, who wanted to get hold of the money. I saw but one wayto cut short these everlasting delays, which were ruining the officersoliciting the payment of the money, and keeping our seamen out of whatthey had hardly fought for, years ago. This was, to undertake to ask anorder from Congress, for the payment of any French claimants by theirbanker in Paris; and, in the mean time, to undertake to order suchpayment, should any such claimant prove his title, before the pleasureof Congress should be made known to me. I consulted with Mr. Barclay, who seemed satisfied I might venture this undertaking, because no suchclaim could be presented. I therefore wrote the letter of August the17th, and received that of August the 26th, finally closing this tediousbusiness. Should what I have done, not meet the approbation of Congress, I would pray their immediate sense, because it is not probable that thewhole of this money will be paid so hastily, but that their orders mayarrive in time to stop a sufficiency for any French claimants who maypossibly exist. The following paragraph of a letter from Captain Jones, dated L'Orient, August the 25th, 1785, further satisfies me, that myundertaking amounted to nothing in fact. He says, 'It is impossiblethat any legal demands should be made on you for French subjects, inconsequence of your engagement to the Marechal. The Alliance was mannedin America, and I never heard of any person's having served on boardthat frigate, who had been born in France, except the captain, who, asI was informed, had, in America, abjured the church of Rome, and beennaturalized. ' Should Congress approve what I have done, I will thenask their resolution for the payment, by their banker here, of any suchclaims as may be properly authenticated, and will moreover pray ofyou an authentic roll of the crew of the Alliance, with the sums to beallowed to each person; on the subject of which roll, Captain Jones, inthe letter above mentioned, says, 'I carried a set of the rolls with meto America, and before I embarked in the French fleet at Boston, I putthem into the hands of Mr. Secretary Livingston, and they were sealedup among the papers of his office, when I left America. ' I think itpossible that Mr. Puchilberg may excite claims. Should any name beoffered which shall not be found on the roll, it will be a sufficientdisproof of the pretension. Should it be found on the roll, it willremain to prove the identity of person, and to inquire if paymentmay not have been made in America. I conjecture from the journals ofCongress of June the 2nd, that Landais, who, I believe, was the captain, may be in America. As his portion of prize-money may be considerable, Ihope it will be settled in America, where only it can be known whetherany advances have been made him. 

The person at the head of the post office here, says, he proposed to Dr. Franklin a convention to facilitate the passage of letters throughtheir office and ours, and that he delivered a draught of the conventionproposed, that it might be sent to Congress. I think it possible he maybe mistaken in this, as, on my mentioning it to Dr. Franklin, he did notrecollect any such draught having been put into his hands. An answer, however, is expected by them. I mention it, that Congress may decidewhether they will make any convention on the subject, and on whatprinciple. The one proposed here was, that for letters passinghence into America, the French postage should be collected by ourpost-officers, and paid every six months, and for letters comingfrom America here, the American postage should be collected by thepost-officers here, and paid to us in like manner. A second plan, however, presents itself; that is, to suppose the sums to be thuscollected, on each side, will be equal, or so nearly equal, that thebalance will not pay for the trouble of keeping accounts, and for thelittle bickerings that the settlement of accounts and demands of thebalances may occasion: and therefore, to make an exchange of postage. This would better secure our harmony; but I do not know that it would beagreed to here. If not, the other might then be agreed to. 

I have waited hitherto, supposing that Congress might, possibly, appointa secretary to the legation here, or signify their pleasure thatI should appoint a private secretary, to aid me in my office. Thecommunications between the ministers and myself requiring often thatmany and long papers should be copied, and that in a shorter timethan could be done by myself, were I otherwise unoccupied, othercorrespondences and proceedings, of all which copies must be retained, and still more the necessity of having some confidential person, who, incase of any accident to myself, might be authorized to take possessionof the instructions, letters, and other papers of the office, haverendered it absolutely necessary for me to appoint a private secretary. Colonel Humphreys finds full occupation, and often more than he can do, in writing and recording the despatches and proceedings of the generalcommissions. I shall, therefore, appoint Mr. Short, on his return fromthe Hague, with an express condition, that the appointment shall ceasewhenever Congress shall think proper to make any other arrangement. Hewill, of course, expect the allowance heretofore made to the privatesecretaries of the ministers, which, I believe, has been a thousanddollars a year. 

An improvement is made here in the construction of muskets, which it maybe interesting to Congress to know, should they at any time propose toprocure any. It consists in the making every part of them so exactlyalike, that what belongs to any one, may be used for every other musketin the magazine. The government here has examined and approved themethod, and is establishing a large manufactory for the purpose ofputting it into execution. As yet, the inventor has only completed thelock of the musket, on this plan. He will proceed immediately to havethe barrel, stock, and other parts, executed in the same way. Supposingit might be useful to the United States, I went to the workman. Hepresented me the parts of fifty locks taken to pieces, and arranged incompartments. I put several together myself, taking pieces at hazardas they came to hand, and they fitted in the most perfect manner. Theadvantages of this, when arms need repair, are evident. He effects it bytools of his own contrivance, which, at the same time, abridge the work, so that he thinks he shall be able to furnish the musket two livrescheaper than the common price. But it will be two or three years beforehe will be able to furnish any quantity. I mention it now, as it mayhave an influence on the plan for furnishing our magazines with thisarm. 

Every thing in Europe remains as when I wrote you last. The peacebetween Spain and Algiers has the appearance of being broken off. TheFrench packet having arrived without Mr. Lambe, or any news of him, Iawait Mr. Adams's acceding to the proposition mentioned in my last. Isend you the Gazettes of Leyden and France to this date, and have thehonor to be, with the highest respect and esteem, Sir, your most obedient, humble servant, Th: Jefferson. 

LETTER CI. --TO JAMES MADISON, September 1, 1785

TO JAMES MADISON. 

Paris, September 1, 1785. 

Dear Sir, My last to you by Monsieur de Doradour, was dated May the 11th. Sincethat, I have received yours of January the 22nd with six copies of therevisal, and that of April the 27th by Mr. Mazzei. 

All is quiet here. The Emperor and Dutch have certainly agreed, thoughthey have not published their agreement. Most of his schemes in Germanymust be postponed, if they are not prevented by the confederacy of manyof the Germanic body, at the head of which is the King of Prussia, andto which the Elector of Hanover is supposed to have acceded. The objectof the league is to preserve the members of the empire in their presentstate. I doubt whether the jealousy entertained of this prince, andwhich is so fully evidenced by this league, may not defeat the electionof his nephew to be King of the Romans, and thus produce an instance ofbreaking the lineal succession. Nothing is as yet done between him andthe Turks. If any thing is produced in that quarter, it will not be forthis year. The court of Madrid has obtained the delivery of the crewof the brig Betsey, taken by the Emperor of Morocco. The Emperor hadtreated them kindly, new-clothed them, and delivered them to the Spanishminister, who sent them to Cadiz. This is the only American vessel evertaken by the Barbary States. The Emperor continues to give proofs of hisdesire to be in friendship with us, or, in other words, of receiving usinto the number of his tributaries. Nothing further need be feared fromhim. I wish the Algerines may be as easily dealt with. I fancy the peaceexpected between them and Spain is not likely to take place. I am wellinformed that the late proceedings in America have produced a wonderfulsensation in England in our favor. I mean the disposition, which seemsto be becoming general, to invest Congress with the regulation ofour commerce, and, in the mean time, the measures taken to defeat theavidity of the British government, grasping at our carrying business. I can add with truth, that it was not till these symptoms appeared inAmerica, that I have been able to discover the smallest token ofrespect towards the United States, in any part of Europe. There was anenthusiasm towards us, all over Europe, at the moment of the peace. Thetorrent of lies published unremittingly, in every day's London paper, first made an impression, and produce a coolness. The republication ofthese lies in most of the papers of Europe (done probably by authorityof the governments to discourage emigrations) carried them home to thebelief of every mind. They supposed every thing in America was anarchy, tumult, and civil war. The reception of the Marquis Fayette gave a checkto these ideas. The late proceedings seem to be producing a decisivevibration in our favor. I think it possible that England may ply beforethem. It is a nation which nothing but views of interest can govern. Ifthey produce us good there, they will here also. The defeat of the Irishpropositions is also in our favor. 

I have at length made up the purchase of books for you, as far as it canbe done at present. The objects which I have not yet been able to get, Ishall continue to seek for. Those purchased, are packed this morning intwo trunks, and you have the catalogue and prices herein inclosed. Thefuture charges of transportation shall be carried into the next bill. The amount of the present is 1154 livres, 13 sous, which, reckoning theFrench crown of six livres at six shillings and eight pence, Virginiamoney, is £64. 3s. , which sum you will be so good as to keep in yourhands, to be used occasionally in the education of my nephews, when theregular resources disappoint you. To the same use I would pray you toapply twenty-five guineas, which I have lent the two Mr. Fitz-hughs ofMarmion, and which I have desired them to repay into your hands. Youwill of course deduct the price of the revisals, and of any otherarticles you may have been so kind as to pay for me. Greek and Romanauthors are dearer here, than, I believe, any where in the world. Nobodyhere reads them; wherefore they are not reprinted. Don Ulloa, in theoriginal, is not to be found. The collection of tracts on the economiesof different nations, we cannot find; nor Amelot's Travels into China. I shall send these two trunks of books to Havre, there to wait aconveyance to America; for as to the fixing the packets there, it is asuncertain as ever. The other articles you mention, shall be procuredas far as they can be. Knowing that some of them would be better got inLondon, I commissioned Mr. Short, who was going there, to get them. Hehas not yet returned. They will be of such a nature as that I canget some gentleman who may be going to America, to take them in hisportmanteau. Le Maire being now able to stand on his own legs, therewill be no necessity for your advancing him the money I desired, if itis not already done. I am anxious to hear from you on the subject ofmy Notes on Virginia. I have been obliged to give so many of them here, that I fear their getting published. I have received an application fromthe Directors of the public buildings, to procure them a plan for theircapitol. I shall send them one taken from the best morsel of ancientarchitecture now remaining. It has obtained the approbation of fifteenor sixteen centuries, and is, therefore, preferable to any design whichmight be newly contrived. It will give more room, be more convenient, and cost less, than the plan they sent me. Pray encourage them to waitfor it, and to execute it. It will be superior in beauty to any thing inAmerica, and not inferior to any thing in the world. It is very simple. Have you a copying press? If you have not, you should get one. Mine(exclusive of paper, which costs a guinea a ream) has cost me aboutfourteen guineas. I would give ten times that sum, to have had it fromthe date of the stamp act. I hope you will be so good as to continueyour communications, both of the great and small kind, which are equallyuseful to me. Be assured of the sincerity with which I am, Dear Sir, your friend and servant, Th: Jefferson. 

LETTER CII. --TO MESSRS. DUMAS AND SHORT, September 1, 1785

TO MESSRS. DUMAS AND SHORT. 

Paris, September 1, 1785. 

Gentlemen, I have been duly honored with the receipt of your separate letters ofAugust 23rd, and should sooner have returned an answer, but that as youhad written also to Mr. Adams, I thought it possible I might receive hissentiments on the subject, in time for the post. Not thinking it properto lose the occasion of the post, I have concluded to communicate to youmy separate sentiments, which you will of course pay attention to, onlyso far as they may concur with what you shall receive from Mr. Adams. 

On a review of our letters to the Baron de Thulemeyer, I do not findthat we had proposed that the treaty should be in two columns, theone English, and the other what he should think proper. We certainlyintended to have proposed it. We had agreed together that it should bean article of system with us, and the omission of it, in this instance, has been accidental. My own opinion, therefore, is, that to avoid theappearance of urging new propositions when every thing appeared to bearranged, we should agree to consider the French column as the original, if the Baron de Thulemeyer thinks himself bound to insist on it: butif the practice of his court will admit of the execution in the twolanguages, each to be considered as equally original, it would be verypleasing to me, as it will accommodate it to our views, relieve us fromthe embarrassment of this precedent, which may be urged against us onother occasions, and be more agreeable to our country, where the Frenchlanguage is spoken by very few. This method will be also attended withthe advantage, that if any expression in any part of the treaty isequivocal in the one language, its true sense will be known by thecorresponding passage in the other. 

The errors of the copyist, in the French column, you will correct ofcourse. 

I have the honor to be, with very high esteem, Gentlemen, your most obedient

and most humble servant, Th: Jefferson. 

LETTER CIII. --TO JOHN ADAMS, September 4, 1785

TO JOHN ADAMS. 

Paris, September 4, 1785. 

Dear Sir, On receipt of your favors of August the 18th and 23rd, I conferred withMr. Barclay on the measures necessary to be taken to set our treaty withthe piratical States into motion, through his agency. Supposing that weshould begin with the Emperor of Morocco, a letter to the Emperor andinstructions to Mr. Barclay, seemed necessary. I have therefore sketchedsuch outlines for these, as appear to me to be proper. You will be sogood as to detract, add to, or alter them as you please, to return suchas you approve under your signature, to which I will add mine. Aperson understanding English, French, and Italian, and at the sametime meriting confidence, was not to be met with here. Colonel Franks, understanding the two first languages perfectly, and a little Spanishinstead of Italian, occurred to Mr. Barclay as the fittest person hecould employ for a secretary. We think his allowance (exclusive of histravelling expenses and his board, which will be paid by Mr. Barclay incommon with his own) should be between one hundred and one hundred andfifty guineas a year. Fix it where you please, between these limits. What is said in the instructions to Mr. Barclay, as to his ownallowance, was proposed by himself. My idea as to the partition of thewhole sum to which we are limited (eighty thousand dollars), was, that one half of it should be kept in reserve for the Algerines. Theycertainly possess more than half the whole power of the piraticalStates. I thought then, that Morocco might claim the half of theremainder, that is to say, one fourth of the whole. For this reason, inthe instructions, I propose twenty thousand dollars as the limit of theexpenses of the Morocco treaty. Be so good as to think of it, and makeit what you please. I should be more disposed to enlarge than abridgeit, on account of their neighborhood to our Atlantic trade. I did notthink that these papers should be trusted through the post office, andtherefore, as Colonel Franks is engaged in the business, he comes withthem. Passing by the diligence, the whole expense will not exceed twelveor fourteen guineas. I suppose we are bound to avail ourselves of theco-operation of France. I will join you, therefore, in any letter youthink proper to write to the Count de Vergennes. Would you think itexpedient to write to Mr. Carmichael, to interest the interposition ofthe Spanish court? I will join you in any thing of this kind you willoriginate. In short, be so good as to supply whatever you may thinknecessary. With respect to the money, Mr. Jay's information to you was, that it was to be drawn from Holland. It will rest therefore with you, to avail Mr. Barclay of that fund, either by your draft, or by a letterof credit to the bankers in his favor, to the necessary amount. Iimagine the Dutch consul at Morocco may be rendered an useful character, in the remittances of money to Mr. Barclay, while at Morocco. 

You were apprised, by a letter from Mr. Short, of the delay which hadarisen in the execution of the treaty with Prussia. I wrote a separateletter, of which I enclose you a copy, hoping it would meet one fromyou, and set them again into motion. 

I have the honor to be, with the highest respect, Dear Sir, your most obedient

and most humble servant, Th: Jefferson. 

[The following are the sketches of the letter to the Emperor of Morocco, and of the instructions to Mr. Barclay, referred to in the precedingletter. ]

HEADS FOR A LETTER TO THE EMPEROR OF MOROCCO. 

That the United States of America, heretofore connected in governmentwith Great Britain, had found it necessary for their happiness toseparate from her, and to assume an independent station. 

That, consisting of a number of separate States, they had confederatedtogether, and placed the sovereignty of the whole, in matters relatingto foreign nations, in a body consisting of delegates from every State, and called the Congress of the United States. 

That Great Britain had solemnly confirmed their separation andacknowledged their independence. 

That after the conclusion of the peace, which terminated the war inwhich they had been engaged for the establishment of their independence, the first attentions of Congress were necessarily engrossed by there-establishment of order and regular government. 

That they had, as soon as possible, turned their attention to foreignnations, and, desirous of entering into amity and commerce with them, had been pleased to appoint us, with Dr. Benjamin Franklin, to executesuch treaties for this purpose, as should be agreed on by such nations, with us, or any two of us. 

That Dr. Franklin having found it, necessary to return to America, theexecution of these several commissions had devolved on us. That beingplaced as Ministers Plenipotentiary for the United States at the courtsof England and France; this circumstance, with the commissions withwhich we are charged for entering into treaties with various othernations, puts it out of our power to attend at the other courts inperson, and obliges us to negotiate by the intervention of confidentialpersons. 

That, respecting the friendly dispositions shown by his Majesty, theEmperor of Morocco, towards the United States, and indulging the desireof forming a connection with a sovereign, so renowned for his power, hiswisdom, and his justice, we had embraced the first moment possible, ofassuring him of these the sentiments of our country and of ourselves, and of expressing to him our wishes to enter into a connection offriendship and commerce with him. That for this purpose, we hadcommissioned the bearer hereof, Thomas Barclay, a person in the highestconfidence of the Congress of the United States, and as such, havingbeen several years, and still being, their consul general with ourgreat and good friend and ally, the King of France, to arrange with hisMajesty the Emperor, those conditions which it might be advantageous forboth nations to adopt, for the regulation of their commerce, and theirmutual conduct towards each other. 

That we deliver to him a copy of the full powers with which we areinvested, to conclude a treaty with his Majesty, which copy he isinstructed to present to his Majesty. 

That though by these, we are not authorized to delegate to him thepower of ultimately signing the treaty, yet such is our reliance on hiswisdom, his integrity, and his attention to the instructions with whichhe is charged, that we assure his Majesty, the conditions which he shallarrange and send to us, shall be returned with our signature, in orderto receive that of the person whom his Majesty shall commission for thesame purpose. 

HEADS OF INSTRUCTION TO MR. BARCLAY. 

Congress having been pleased to invest us with full powers for enteringinto a treaty of amity and alliance with the Emperor of Morocco, and itbeing impracticable for us to attend his court in person, and equallyimpracticable, on account of our separate stations, to receive aminister from him, we have concluded to effect our object by theintervention of a confidential person. We concur in wishing to availthe United States of your talents in the execution of this business, andtherefore furnish you with a letter to the Emperor of Morocco, to givedue credit to your transactions with him. 

We advise you to proceed by the way of Madrid, where you will haveopportunities of deriving many lights from Mr. Carmichael, through whommany communications with the court of Morocco have already passed. 

From thence you will proceed, by such route as you shall think best, tothe court of the Emperor. 

You will present to him our letter, with the copy of our full powers, with which you are furnished, at such time or times, and in such manner, as you shall find best. 

You will proceed to negotiate with his minister the terms of a treatyof amity and commerce, as nearly conformed as possible to the draughtwe give you. Where alterations, which, in your opinion, shall not be ofgreat importance, shall be urged by the other party, you are at libertyto agree to them. Where they shall be of great importance, and such asyou think should be rejected, you will reject them: but where they areof great importance, and you think they may be accepted, you will asktime to take our advice, and will advise with us accordingly, by letteror by courier, as you shall think best. When the articles shall allbe agreed, you will send them to us by some proper person, for oursignature. 

The whole expense of this treaty, including as well the expenses ofall persons employed about it, as the presents to the Emperor and hisservants, must not exceed twenty thousand dollars: and we urge youto use your best endeavors, to bring it as much below that sum as youpossibly can. As custom may have rendered some presents necessary in thebeginning or progress of this business, and before it is concluded, or even in a way to be concluded, we authorize you to conform to thecustom, confiding in your discretion to hazard as little as possible, before a certainty of the event. We trust to you also to procure thebest information, as to what persons, and in what form, these presentsshould be made, and to make them accordingly. 

The difference between the customs of that and other courts, thedifficulty of obtaining knowledge of those customs, but on the spot, andour great confidence in your discretion, induce us to leave to that, allother circumstances relative to the object of your mission. It willbe necessary for you to take a secretary, well skilled in the Frenchlanguage, to aid you in your business, and to take charge of yourpapers in case of any accident to yourself. We think you may allowhim ¦---------guineas a year, besides his expenses for travelling andsubsistence. We engage to furnish your own expenses, according to therespectability of the character with which you are invested, but asto the allowance for your trouble, we wish to leave it to Congress. Weannex hereto sundry heads of inquiry which we wish you to make, and togive us thereon the best information you shall be able to obtain. Wedesire you to correspond with us by every opportunity which you thinkshould be trusted, giving us, from time to time, an account of yourproceedings and prospects. 

HEADS OF INQUIRY FOR MR. BARCLAY, AS TO MOROCCO. 

1. Commerce. What are the articles of their export and import? Whatduties are levied by them on exports and imports? Do all nations paythe same, or what nations are favored, and how far? Are they their owncarriers, or who carries for them? Do they trade themselves to othercountries, or are they merely passive?

2. Ports. What are their principal ports? What depth of water in them?What works of defence protect these ports?

3. Naval force. How many armed vessels have they? Of what kind andforce? What is the constitution of their naval force? What resources forincreasing their navy? What number of seamen? Their cruising grounds, and seasons of cruising?

4. Prisoners. What is their condition and treatment? At what price arethey ordinarily redeemed, and how?

Do they pay respect to the treaties they make?

Land forces. Their numbers, constitution, and respectability?

Revenues. Their amount. 

Coins. What coins pass there, and at what rates?

LETTER CIV. --TO DAVID HARTLEY, September 5, 1785

TO DAVID HARTLEY. 

Paris, September 5, 1785. 

Dear Sir, Your favor of April the 15th happened to be put into my hands at thesame time with a large parcel of letters from America, which containeda variety of intelligence. It was then put where I usually place myunanswered letters; and I, from time to time, put off acknowledgingthe receipt of it, till I should be able to furnish you Americanintelligence worth communicating. A favorable opportunity, by a courier, of writing to you occurring this morning, what has been my astonishmentand chagrin on reading your letter again, to find there was a case init which required an immediate answer, but which, by the variety ofmatters, which happened to be presented to my mind, at the same time, had utterly escaped my recollection. I pray you to be assured, thatnothing but this slip of memory would have prevented my immediateanswer, and no other circumstance would have prevented its making suchan impression on my mind, as that it could not have escaped. I hopeyou will therefore obliterate the imputation of want of respect, which, under actual appearances, must have arisen in your mind, but whichwould refer to an untrue cause the occasion of my silence. I am notsufficiently acquainted with the proceedings of the New York Assembly, to say, with certainty, in what predicament the lands of Mr. Upton maystand. But on conferring with Colonel Humphreys, who, being from theneighboring State, was more in the way of knowing what passed in NewYork, he thinks that the descriptions in their confiscation laws weresuch, as not to include a case of this nature. The first thing to bedone by Mr. Upton is, to state his case to some intelligent lawyerof the country, that he may know with certainty whether they beconfiscated, or not; and if not confiscated, to know what measures arenecessary for completing and securing his grant. But if confiscated, there is then no other tribunal of redress but their General Assembly. If he is unacquainted there, I would advise him to apply to ColonelHamilton, who was aid to General Washington, and is now very eminent atthe bar, and much to be relied on. Your letter in his favor to Mr. Jaywill also procure him the benefit of his counsel. 

With respect to America, I will rather give you a general view ofits situation, than merely relate recent events. The impost is stillunpassed by the two States of New York and Rhode Island: for the mannerin which the latter has passed it does not appear to me to answer theprincipal object, of establishing a fund, which, by being subject toCongress alone, may give such credit to the certificates of public debt, as will make them negotiable. This matter, then, is still suspended. 

Congress have lately purchased the Indian right to nearly the whole ofthe land lying in the new State, bounded by lake Erie, Pennsylvania, andthe Ohio. The northwestern corner alone is reserved to the Delawares andWyandots. I expect a purchase is also concluded with other tribes, for aconsiderable proportion of the State next to this, on the north sideof the Ohio. They have passed an ordinance establishing a land-office, considerably improved, I think, on the plan, of which I had the honor ofgiving you a copy. The lands are to be offered for sale to the highestbidder. For this purpose, portions of them are to be proposed in eachState, that each may have the means of purchase carried equally to theirdoors, and that the purchasers may be a proper mixture of the citizensfrom all the different States. But such lots as cannot be sold for adollar an acre, are not to be parted with. They will receive as moneythe certificates of public debt. I flatter myself that this arrangementwill very soon absorb the whole of these certificates, and thus ridus of our domestic debt, which is four fifths of our whole debt. Ourforeign debt will be then a bagatelle. 

I think it probable that Vermont will be made independent, as I am toldthe State of New York is likely to agree to it. Maine will probably intime be also permitted to separate from Massachusetts. As yet, they onlybegin to think of it. Whenever the people of Kentucky shall have agreedamong themselves, my friends write me word, that Virginia will consentto their separation. They will constitute the new State on the southside of Ohio, joining Virginia. North Corolina, by an act of theirAssembly, ceded to Congress all their lands westward of the Allegany. The people inhabiting that territory thereon declared themselvesindependent, called their State by the name of Franklin, and solicitedCongress to be received into the Union. But before Congress met, NorthCarolina (for what reasons I could never learn) resumed their session. The people, however, persist; Congress recommend to the State to desistfrom their opposition, and I have no doubt they will do it. It will, therefore, result from the act of Congress laying off the westerncountry into new States, that these States will come into the Unionin the manner therein provided, and without any disputes as to theirboundaries. 

I am told that some hostile transaction by our people at the Natchez, against the Spaniards, has taken place. If it be a fact, Congresswill certainly not protect them, but leave them to be chastised by theSpaniards, saving the right to the territory. A Spanish minister beingnow with Congress, and both parties interested in keeping the peace, Ithink, if such an event has happened, it will be easily arranged. 

I told you when here, of the propositions made by Congress to theStates, to be authorized to make certain regulations in their commerce;and, that from the disposition to strengthen the hands of Congress, which was then growing fast, I thought they would consent to it. Most ofthem did so, and I suppose all of them would have done it, if they havenot actually done it, but that events proved a much more extensive powerwould be requisite. Congress have, therefore, desired to be investedwith the whole regulation of their trade, and for ever; and to preventall temptations to abuse the power, and all fears of it, they proposethat whatever monies shall be levied on commerce, either for the purposeof revenue, or by way of forfeitures or penalty, shall go directly intothe coffers of the State wherein it is levied, without being touchedby Congress. From the present temper of the States, and the convictionwhich your country has carried home to their minds, that there is noother method of defeating the greedy attempts of other countries totrade with them on unequal terms, I think they will add an article forthis purpose to their Confederation. But the present powers of Congressover the commerce of the States, under the Confederation, seem not atall understood by your ministry. They say that body has no power toenter into a treaty of commerce; why then make one? This is a mistake. By the sixth article of the Confederation, the States renounce, individually, all power to make any treaty, of whatever nature, witha foreign nation. By the ninth article, they give the power of makingtreaties wholly to Congress with two reservations only. 1. That notreaty of commerce shall be made, which shall restrain the legislaturesfrom making foreigners pay the same imposts with their own people: nor2. From prohibiting the exportation or importation of any species ofmerchandise, which they might think proper. Were any treaty to be madewhich should violate either of these two reservations, it would be sofar void. In the treaties, therefore, made with France, Holland, &c. This has been cautiously avoided. But are these treaties of no advantageto these nations? Besides the advantages expressly given by them, thereresults another, of great value. The commerce of those nations withthe United States is thereby under the protection of Congress, and noparticular State, acting by fits and starts, can harass the trade ofFrance, Holland, &c. By such measures as several of them have practisedagainst England, by loading her merchandise with partial imposts, refusing admittance to it altogether, excluding her merchants, &c. &c. For you will observe, that though, by the second reservation beforementioned, they can prohibit the importation of any species ofmerchandise, as, for instance, though they may prohibit the importationof wines in general, yet they cannot prohibit that of French wines inparticular. Another advantage is, that the nations having treaties withCongress, can and do provide in such treaties for the admission oftheir consuls, a kind of officer very necessary for the regulationand protection of commerce. You know that a consul is the creature oftreaty. No nation, without an agreement, can place an officer in anothercountry, with any powers or jurisdiction whatever. But as the Stateshave renounced the separate power of making treaties with foreignnations, they cannot separately receive a consul: and as Congress have, by the Confederation, no immediate jurisdiction over commerce, asthey have only a power of bringing that jurisdiction into existenceby entering into a treaty, till such treaty be entered into, Congressthemselves cannot receive a consul. Till a treaty then, there exists nopower in any part of our government, federal or particular, to admita consul among us: and if it be true, as the papers say, that you havelately sent one over, he cannot be admitted by any power in existenceto an exercise of any function. Nothing less than a new article, to beagreed to by all the States, would enable Congress, or the particularStates, to receive him. You must not be surprised then, if he be notreceived. 

I think I have by this time tired you with American politics, and willtherefore only add assurances of the sincere regard and esteem, withwhich I have the honor to be, Dear Sir, your most obedient, humble servant, Th: Jefferson. 

LETTER CV. --TO BARON GEISMER, September 6, 1785

TO BARON GEISMER. 

Paris, September 6, 1785. 

Dear Sir, Your letter of March the 28th, which I received about a month after itsdate, gave me a very real pleasure, as it assured me of an existencewhich I valued, and of which I had been led to doubt. You are now toodistant from America, to be much interested in what passes there. Fromthe London gazettes, and the papers copying them, you are led to supposethat all there is anarchy, discontent, and civil war. Nothing, however, is less true. There are not on the face of the earth, more tranquilgovernments than ours, nor a happier and more contented people. Theircommerce has not as yet found the channels, which their new relationswith the world will offer to best advantage, and the old ones remain asyet unopened by new conventions. This occasions a stagnation in the saleof their produce, the only truth among all the circumstances publishedabout them. Their hatred against Great Britain, having lately receivedfrom that nation new cause and new aliment, has taken a new spring. Among the individuals of your acquaintance, nothing remarkable hashappened. No revolution in the happiness of any of them has taken place, except that of the loss of their only child to Mr. And Mrs. Walker, who, however, left them a grandchild for their solace, and that of yourhumble servant, who remains with no other family than two daughters, theelder here (who was of your acquaintance), the younger in Virginia, but expected here the next summer. The character in which I am here, at present, confines me to this place, and will confine me as long as Icontinue in Europe. How long this will be, I cannot tell. I am now ofan age which does not easily accommodate itself to new manners and newmodes of living: and I am savage enough to prefer the woods, the wilds, and the independence of Monticello, to all the brilliant pleasuresof this gay capital. I shall, therefore, rejoin myself to my nativecountry, with new attachments, and with exaggerated esteem for itsadvantages; for though there is less wealth there, there is morefreedom, more ease, and less misery. I should like it better, however, if it could tempt you once more to visit it: but that is not to beexpected. Be this as it may, and whether fortune means to allow or denyme the pleasure of ever seeing you again, be assured that the worthwhich gave birth to my attachment, and which still animates it, willcontinue to keep it up while we both live, and that it is with sincerityI subscribe myself, Dear Sir, your friend and servant, Th: Jefferson. 

LETTER CVI. --TO JOHN LANGDON, September 11, 1785

TO JOHN LANGDON. 

Paris, September 11, 1785. 

Dear Sir, Your Captain Yeaton being here, furnishes me an opportunity of payingthe tribute of my congratulations on your appointment to the governmentof your State, which I do sincerely. He gives me the gratefulintelligence of your health, and that of Mrs. Langdon. Anxious topromote your service, and believing he could do it by getting himselfnaturalized here, and authorized to command your vessel he came fromHavre to Paris. But on making the best inquiries I could, it seemed thatthe time requisite to go through with this business, would be much morethan he could spare. He therefore declined it. I wish it were in mypower to give you a hope that our commerce, either with this country, or its islands, was likely to be put on better footing. But if it bealtered at all, it will probably be for the worse. The regulationsrespecting their commerce are by no means sufficiently stable to berelied on. 

Europe is in quiet, and likely to remain so. The affairs of the Emperorand Dutch are as good as settled, and no other cloud portends anyimmediate storm. You have heard much of American vessels taken by theBarbary pirates. The Emperor of Morocco took one last winter (the brigBetsey of Philadelphia); he did not however reduce the crew to slavery, nor confiscate the vessel or cargo. He has lately delivered up the crewon the solicitation of the Spanish court. No other has ever been takenby them. There are, indeed, rumors of one having been lately taken bythe Algerines. The fact is possible, as there is nothing to hinder theirtaking them, but it is not as yet confirmed. I have little doubt thatwe shall be able to place our commerce on a popular footing with theBarbary States this summer, and thus not only render our navigationto Portugal and Spain safe, but open the Mediterranean as formerly. Inspite of treaties, England is still our enemy. Her hatred is deep-rootedand cordial, and nothing is wanting with her but the power, to wipe usand the land we live on out of existence. Her interest, however, is herruling passion! and the late American measures have struck at that sovitally, and with an energy, too, of which she had thought us quiteincapable, that a possibility seems to open of forming some arrangementwith her. When they shall see decidedly, that, without it we shallsuppress their commerce with us, they will be agitated by their avariceon the one hand, and their hatred and their fear of us on the other. Theresult of this conflict of dirty passions is yet to be awaited. Thebody of the people of this country love us cordially. But ministers andmerchants love nobody. The merchants here are endeavoring to exclude, us from their islands. The ministers will be governed in it by politicalmotives, and will do it, or not do it, as these shall appear to dictate, without love or hatred to any body. It were to be wished that they wereable to combine better the various circumstances, which prove, beyond adoubt, that all the advantages of their colonies result, in the end, tothe mother country. I pray you to present me in the most friendly termsto Mrs. Langdon, and be assured of the esteem with which I am

your Excellency's most obedient

and most humble servant, Th: Jefferson

LETTER CVII. --LISTER ASQUITH, September 14, 1785

TO LISTER ASQUITH. 

Paris, September 14, 1785. 

Sir, Several of your letters have been received, and we have been occupiedin endeavors to have you discharged: but these have been ineffectual. Ifour information be right, you are mistaken in supposing you are alreadycondemned. The Farmers General tell us, you are to be tried at Brest, and this trial may perhaps be a month hence. From that court youmay appeal to the Parliament of Rennes, and from that to the King inCouncil. They say, that from the depositions sent to them, there can beno doubt you came to smuggle, and that in that case, the judgment of thelaw is a forfeiture of the vessel and cargo, a fine of a thousandlivres on each of you, and six years' condemnation to the galleys. Theseseveral appeals will be attended with considerable expense. They offerto discharge your persons and vessel (but not the cargo) on your payingtwo thousand livres, and the costs already incurred; which are three orfour hundred more. You will therefore choose, whether to go through thetrial, or to compromise, and you are the best judge, what may be theevidence for or against you. In either case, I shall render you all theservice I can. I will add, that if you are disposed to have the mattertried, I am of opinion, that, if found against you, there will be nodanger of their sending you to the galleys; so that you may decide whatcourse you will take, without any bias from that fear. If you choose tocompromise, I will endeavor to have it done for you, on the best termswe can. I fear they will abate little from the two thousand livres, because Captain Deville, whom you sent here, fixed the matter byoffering that sum, and has done you more harm than good. I shall be gladif you will desire your lawyer to make out a state of your case, (whichhe may do in French, ) and send it to me. Write me also yourself a plainand full narration of your voyage, and the circumstances which havebrought so small a vessel, with so small a cargo, from America intoFrance. As far as we yet know them, they are not in your favor. Informme who you are, and what papers you have on board. But do not state tome a single fact which is not true: for if I am led by your informationto advance any thing which they shall prove to be untrue, I will abandonyour case from that moment: whereas, sending me a true statement, I willmake the best of it I can. Mr. Barclay, the American consul, will behere some few days yet. He will be, as he has already been, of muchservice to you, if the information I ask both from yourself and yourlawyer, can come before his departure. I repeat my assurances of doingwhatever I can for you, and am, Sir, your very humble servant, Th: Jefferson. 

LETTER CVIII. --TO JOHN ADAMS, September 19, 1785

TO JOHN ADAMS. 

Paris, September 19, 1785. 

Dear Sir, Lambe has arrived. He brings new full powers to us from Congress, toappoint persons to negotiate with the Barbary States; but we are to signthe treaties. Lambe has not even a recommendation from them to us, butit seems clear that he would be approved by them. I told him of Mr. Barclay's appointment to Morocco, and proposed Algiers to him. Heagrees. A small alteration in the form of our despatches will benecessary, and, of course, another courier shall be despatched to you onthe return of Colonel Franks, for your pleasure herein. 

I am, with great esteem, your friend and servant, Th: Jefferson. *

 [* The original of the above was in cipher; though, as in the case of most of the Author's letters in cipher, he prepared and preserved a literal copy of it. ]

LETTER CIX. --TO JAMES MADISON, September 20, 1785

TO JAMES MADISON. 

Paris, September 20, 1785. 

Dear Sir, By Mr. Fitzhugh, you will receive my letter of the first instant. Heis still here, and gives me an opportunity of again addressing you muchsooner than I should have done, but for the discovery of a great pieceof inattention. In that letter I send you a detail of the cost of yourbooks, and desire you to keep the amount in your hands, as if I hadforgot that a part of it was in fact your own, as being a balance ofwhat I had remained in your debt. I really did not attend to it in themoment of writing, and when it occurred to me, I revised my memorandumbook from the time of our being in Philadelphia together, and stated ouraccount from the beginning, lest I should forget or mistake any part ofit. I enclose you this statement. You will always be so good as to letme know, from time to time, your advances for me. Correct with freedomall my proceedings for you, as, in what I do, I have no other desirethan that of doing exactly what will be most pleasing to you. 

I received this summer a letter from Messrs. Buchanan and Hay, asDirectors of the public buildings desiring I would have drawn for themplans of sundry buildings, and, in the first place, of a capital. Theyfixed; for their receiving this plan, a day which Was within aboutsix weeks of that on which their letter came to my hand. I engagedan architect of capital abilities in this business. Much time wasrequisite, after the external form was agreed on, to make the internaldistribution convenient for the three branches of government. This timewas much lengthened by my avocations to other objects, which I had noright to neglect. The plan however Was settled. The gentlemen hadsent me one which they had thought of. The one agreed on here is moreconvenient, more beautiful, gives more room, and will not cost more thantwo thirds of what that would. We took for our model what is called the_Maison Quarrée_ (Nismes), one of the most beautiful, if not the mostbeautiful and precious morsel of architecture left us by antiquity. Itwas built by Caius and Lucius Cæsar, and repaired by Louis XIV. , andhas the suffrage of all the judges of architecture who have seen it, asyielding to no one of the beautiful monuments of Greece, Rome, Palmyra, and Balbec, which late travellers have communicated to us. It is verysimple, but it is noble beyond expression, and would have done honorto our country, as presenting to travellers a specimen of taste in ourinfancy, promising much for our maturer age. I have been much mortifiedwith information, which I received two days ago from Virginia, that thefirst brick of the Capitol would be laid within a few days. But surely, the delay of this piece of a summer would have been repaired bythe savings in the plan preparing here, were we to value its othersuperiorities as nothing. But how is a taste in this beautiful art tobe formed in our countrymen, unless we avail ourselves of every occasionwhen public buildings are to be erected, of presenting to them modelsfor their study and imitation? Pray try if you can effect the sloppingof this work. I have written also to E. R. On the subject. The loss willbe only of the laying the bricks already laid, or a part of them. Thebricks themselves will do again for the interior walls, and one sidewall and one end wall may remain, as they will answer equally well forour plan. This loss is not to be weighed against the saving of moneywhich will arise, against the comfort of laying out the public money forsomething honorable, the satisfaction of seeing an object and proofof national good taste, and the regret and mortification of erecting amonument of our barbarism, which will be loaded with execrations as longas it shall endure. The plans are in good forwardness, and I hope willbe ready within three or four weeks. They could not be stopped now, but on paying their whole price, which will be considerable. If theundertakers are afraid to undo what they have done, encourage them to itby a recommendation from the Assembly. You see I am an enthusiast on thesubject of the arts. But it is an enthusiasm of which I am not ashamed, as its object is to improve the taste of my countrymen, to increasetheir reputation, to reconcile to them the respect of the world, andprocure them its praise. 

I shall send off your books, in two trunks, to Havre, within two orthree days, to the care of Mr. Limozin, American agent there. I willadvise you, as soon as I know by what vessel he forwards them. Adieu. 

Yours affectionately, Th: Jefferson. 

LETTER CX. --TO EDMUND RANDOLPH, September 20, 1785

TO EDMUND RANDOLPH. 

Paris, September 20, 1785. 

Dear Sir, Being in your debt for ten volumes of Buffon, I have endeavored tofind something that would be agreeable to you to receive, in return. Itherefore send you, by way of Havre, a dictionary of law, natural andmunicipal, in thirteen volumes 4to, called _Le Code de l'Humanité_. Itis published by Felice, but written by him and several other authors ofestablished reputation. It is an excellent work. I do not mean to say, that it answers fully to its title. That would have required fifty timesthe volume. It wants many articles which the title would induce us toseek in it. But the articles which it contains are well written. It isbetter than the voluminous _Dictionnaire Diplomatique_, and better alsothan the same branch of the _Encyclopédie Méthodigue_. There has beennothing published here, since I came, of extraordinary merit. The_Encyclopédie Méthodique_, which is coming out from time to time, mustbe excepted from this. It is to be had at two guineas less than thesubscription price. I shall be happy to send you any thing in this waywhich you may desire. French books are to be bought here for two thirdsof what they can in England. English and Greek and Latin authors costfrom twenty-five to fifty per cent, more here than in England. 

I received, some time ago, a letter from Messrs. Hay and Buchanan, asDirectors of the public buildings, desiring I would have plans drawn forour public buildings, and in the first place for the capitol. I did notreceive their letter till within about six weeks of the time theyhad fixed on for receiving the drawings. Nevertheless, I engaged anexcellent architect to comply with their desire. It has taken muchtime to accommodate the external adopted, to the internal arrangementnecessary for the three branches of government. However, it is effectedon a plan, which, with a great deal of beauty and convenience within, unites an external form on the most perfect model of antiquity nowexisting. This is the _Maison Quarrée_ of Nismes, built by Caius andLucius Cæsar, and repaired by Louis XIV. , which, in the opinion of allwho have seen it, yields, in beauty, to no piece of architecture onearth. The gentlemen enclosed me a plan of which they had thought. Theone preparing here will be more convenient, give more room, and cost buttwo thirds of that: and as a piece of architecture, doing honor to ourcountry, will leave nothing to be desired. The plans will be ready soon. But, two days ago, I received a letter from Virginia, informing methe first brick of the capitol would be laid within a few days. Thismortifies my extremely. The delay of this summer would have been amplyrepaid by the superiority and economy of the plan preparing here. Is itimpossible to stop the work where it is? You will gain money by losingwhat is done, and general approbation, instead of occasioning a regret, which will endure as long as your building does. How is a taste for achaste and good style of building to be formed in our countrymen, unlesswe seize all occasions which the erection of public buildings offers, of presenting to them models for their imitation? Do, my dear Sir, exertyour influence to stay the further progress of the work, till you canreceive these plans. You will only lose the price of laying what bricksare already laid, and of taking part of them asunder. They will do againfor the inner walls. A plan for a prison will be sent at the same time. 

Mazzei is here, and in pressing distress for money. I have helped him asfar as I have been able, but particular circumstances put it out of mypower to do more. He is looking with anxiety to the arrival of everyvessel, in hopes of relief through your means. If he does not receive itsoon, it is difficult to foresee his fate. 

The quiet which Europe enjoys at present, leaves nothing to communicateto you in the political way. The Emperor and Dutch still differ aboutthe quantum of money to be paid by the latter; they know not for what. Perhaps their internal convulsions will hasten them to a decision. France is improving her navy, as if she were already in a naval war: yetI see no immediate prospect of her having occasion for it. England isnot likely to offer war to any nation, unless, perhaps, to ours. Thiswould cost us our whole shipping: but in every other respect, we mightflatter ourselves with success. But the most successful war seldom paysfor its losses. I shall be glad to hear from you when convenient, andam, with much esteem, Dear Sir, your friend and servant, Th: Jefferson. 

LETTER CXI. --TO JOHN ADAMS, September 24, 1785

TO JOHN ADAMS. 

Paris, September 24, 1785. 

Dear Sir, I have received your favor of the 18th, enclosing your compliments onyour presentation. The sentiments you therein expressed, were such aswere entertained in America till the commercial proclamation, and suchas would again return, were a rational conduct to be adopted by GreatBritain. I think, therefore, you by no means compromitted yourselfor our country, nor expressed more than it would be our interest toencourage, if they were disposed to meet us. I am pleased, however, to see the answer of the King. It bears the marks of suddenness andsurprise, and as he seems not to have had time for reflection, we maysuppose he was obliged to find his answer in the real sentiments of hisheart if that heart has any sentiment. I have no doubt however that itcontains the real creed of an Englishman, and that the word which hehas let escape is the true word of the enigma. 'The moment I see suchsentiments as yours prevail, and a disposition to give this countrythe preference, I will, ' &c. All this I steadfastly believe. But thecondition is impossible. Our interest calls for a perfect equality inour conduct towards these two nations; but no preferences any where. If, however, circumstances should ever oblige us to show a preference, a respect for our character, if we had no better motive, would decide towhich it should be given. 

My letters from members of Congress render it doubtful, whetherthey would not rather that full time should be given for the presentdisposition of America to mature itself, and to produce a permanentimprovement in the federal constitution, rather than, by removing theincentive, to prevent the improvement. It is certain that our commerceis in agonies at present, and that these would be relieved by openingthe British ports in the West Indies. It remains to consider, whether atemporary continuance under these sufferings would be paid for, by theamendment it is likely to produce. However, I believe there is no fearthat Great Britain will puzzle us, by leaving it in our choice to hastenor delay a treaty. 

Is insurance made on Houdon's life? I am uneasy about it, lest we shouldhear of any accident. As yet there is no reason to doubt their safepassage. If the insurance is not made, I will pray you to have it doneimmediately. 

As I have not received any London newspapers as yet, I am obliged toask you what is done as to them, lest the delay should proceed from someobstacle to be removed. 

There is a Mr. Thompson at Dover, who has proposed to me a method ofgetting them post-free: but I have declined resorting to it, till Ishould know in what train the matter is at present. 

I have the honor to be, with the most perfect esteem, Dear Sir, your friend and servant, Th: Jefferson. 

LETTER CXII. --TO JOHN ADAMS, September 24, 1785

TO JOHN ADAMS. 

Paris, September 24, 1785. 

Dear Sir, My letter of September the 19th, written the morning after Mr. Lambe'sarrival here, will inform you of that circumstance. I transmit youherewith, copies of the papers he brought to us on the subject of theBarbary treaties. You will see by them, that Congress have adopted thevery plan which we were proposing to pursue. It will now go on with lessdanger of objection from the other parties. The receipt of these newpapers, therefore, has rendered necessary no change, in matter ofsubstance, in the despatches we had prepared. But they render someformal changes necessary. For instance, in our letter of credence forMr. Barclay to the Emperor of Morocco, it becomes improper to enterinto those explanations which seemed proper when that letter was drawn;because Congress in their letter enter into those explanations. In theletter to the Count de Vergennes, it became proper to mention the newfull powers received from Congress, and which, in some measure, accordwith the idea communicated by him to us, from the Marechal de Castries. These and other formal alterations, which appeared necessary to me, I have made, leaving so much of the original draughts, approved andamended by you, as were not inconsistent with these alterations. I havetherefore had these prepared fair, to save you the trouble of copying;yet, wherever you choose to make alterations, you will be so good as tomake them; taking, in that case, the trouble of having new fair copiesmade out. 

You will perceive by Mr. Jay's letter, that Congress had not thoughtproper to give Mr. Lambe any appointment. I imagine they apprehended itmight interfere with measures actually taken by us. Notwithstanding theperfect freedom which they are pleased to leave to us, on this subject, I cannot feel myself clear of that bias, which a presumption of theirpleasure gives, and ought to give. I presume that Mr. Lambe met theirapprobation, because of the recommendations he carried from the Governorand State of Connecticut, because of his actual knowledge of the countryand people of the States of Barbary, because of the detention of theseletters from March to July, which, considering their pressing-nature, would otherwise have been sent by other Americans, who, in the meantime, have come from New York to Paris; and because, too, of theinformation we received by Mr. Jarvis. These reasons are not strongenough to set aside our appointment of Mr. Barclay to Morocco: that Ithink should go on, as no man could be sent who would enjoy more theconfidence of Congress. But they are strong enough to induce me topropose to you the appointment of Lambe to Algiers. He has followed formany years the Barbary trade, and seems intimately acquainted with thoseStates. I have not seen enough of him to judge of his abilities. Heseems not deficient, as far as I can see, and the footing on which hecomes, must furnish a presumption for what we do not see. We mustsay the same as to his integrity; we must rely for this on therecommendations he brings, as it is impossible for us to judge of thisfor ourselves. Yet it will be our duty to use such reasonable cautionsas are in our power. Two occur to me. 1. To give him a clerk capable ofassisting and attending to his proceedings, and who, in case he thoughtany thing was going amiss, might give us information. 2. Not to give hima credit on Van Staphorst and Willinck, but let his drafts be made onyourself, which, with the knowledge you will have of his proceedings, will enable you to check them, if you are sensible of any abuseintended. This will give you trouble; but as I have never found youdeclining trouble, when it is necessary, I venture to propose it. Ihope it will not expose you to inconvenience, as by instructing Lambe toinsert in his drafts a proper usance, you can, in the mean time, raisethe money for them by drawing on Holland. I must inform you that Mr. Barclay wishes to be put on the same footing with Mr. Lambe, as tothis article, and therefore I return you your letter of credit on VanStaphorst &, Co. As to the first article, there is great difficulty. There is nobody at Paris fit for the undertaking, who would be likely toaccept it. I mean there is no American, for I should be anxious to placea native in the trust. Perhaps you can send us one from London. Thereis a Mr. Randall there, from New York, whom Mr. Barclay thinks might berelied on very firmly for integrity and capacity. He is there for hishealth; perhaps you can persuade him to go to Algiers in pursuit of it. If you cannot, I really know not what will be done. It is impossibleto propose to Bancroft to go in a secondary capacity. Mr. Barclay andmyself have thought of Cairnes, at L'Ori-ent, as a _dernier ressort_. But it is uncertain, or rather improbable, that he will undertake it. You will be pleased in the first place, to consider of my propositionto send Lambe to Algiers; and in the next, all the circumstances beforedetailed, as consequences of that. 

The enclosed letter from Richard O'Bryan furnishes powerful motivesfor commencing, by some means or other, the treaty with Algiers, more immediately than would be done, if left on Mr. Barclay. You willperceive by that, that two of our vessels, with their crews and cargoes, have been carried captive into that port. What is to be done as to thosepoor people? I am for hazarding the supplementary instruction to Lambe, which accompanies these papers. Alter it, or reject it, as you please. You ask what I think of claiming the Dutch interposition. I doubt thefidelity of any interposition too much to desire it sincerely. Ourletters to this court, heretofore, seemed to oblige us to communicatewith them on the subject. If you think the Dutch would take amiss ournot applying to them, I will join you in the application. Otherwise, thefewer who are apprized of our proceedings, the better. To communicatethem to the States of Holland, is to communicate them to the wholeworld. 

Mr. Short returned last night, and brought the Prussian treaty, dulyexecuted in English and French. We may send it to Congress by the Mr. Fitzhughs going from hence. Will you draw and sign a short letter forthat purpose? I send you a copy of a letter received from the MarquisFayette. In the present unsettled state of American commerce, I had aslieve avoid all further treaties, except with American powers. If CountMerci, therefore, does not propose the subject to me, I shall not tohim, nor do more than decency requires, if he does propose it. I am, with great esteem, Dear Sir, your most obedient, humble servant, Th: Jefferson. 

LETTER CXIII. --TO F. HOPKINSON, September 25, 1785

TO F. HOPKINSON. 

Paris, September 25, 1785. 

Dear Sir, My last to you was of the 6th of July. Since that, I have received yoursof July the 23rd. I do not altogether despair of making something ofyour method of quilling, though, as yet, the prospect is not favorable. I applaud much your perseverance in improving this instrument, andbenefiting mankind almost in spite of their teeth. I mentioned toPiccini the improvement with which I am entrusted. He plays on thepiano-forte, and therefore did not feel himself personally interested. I hope some better opportunity will yet fall in my way of doing itjustice. I had almost decided, on his advice, to get a piano-forte formy daughter; but your last letter may pause me, till I see its effect. 

Arts and arms are alike asleep for the moment. Ballooning indeed goeson. There are two artists in the neighborhood of Paris, who seem to beadvancing towards the _desideratum_ in this business. They are ableto rise and fall at will, without expending their gas, and to deflectforty-five degrees from the course of the wind. 

I desired you in my last to send the newspapers, notwithstanding theexpense. I had then no idea of it. Some late instances have made meperfectly acquainted with it. I have therefore been obliged to adoptthe following plan. To have my newspapers, from the different States, enclosed to the office for Foreign Affairs, and to desire Mr. Jay topack the whole in a box, and send it by the packet as merchandise, directed to the American consul at L'Orient, who will forward it tome by the periodical wagons. In this way they will only cost me livreswhere they now cost me guineas, I must pray you, just before thedeparture of every French packet, to send my papers on hand to Mr. Jay, in this way. I do not know whether I am subject to American postageor not, in general; but I think newspapers never are. I have sometimesthought of sending a copy of my Notes to the Philosophical Society, asa tribute due to them: but this would seem as if I considered them asworth something, which I am conscious they are not. I will not ask youfor your advice on this occasion, because it is one of those on which noman is authorized to ask a sincere opinion. I shall therefore refer itto further thoughts. 

I am, with very sincere esteem, Dear Sir, your friend and servant, Th: Jefferson. 

LETTER CXIV. --TO LISTER ASQUITH, September 26, 1785

TO LISTER ASQUITH. 

Paris, September 26, 1785. 

Sir, I have received your letter of September the 19th, with your log-bookand other papers. I now wait for the letter from your lawyer, as, till Iknow the real nature and state of your process, it is impossible for meto judge what can be done for you here. As soon as I receive them, youshall hear from me. In the mean time, I supposed it would be a comfortto you to know that your papers had come safe to hand, and that I shallbe attentive to do whatever circumstances will admit. 

I am, Sir, your very humble servant, Th: Jefferson. 

LETTER CXV. --TO R. IZARD, September 26, 1783

TO R. IZARD. 

Paris, September 26, 1783. 

Dear Sir, I received, a few days ago, your favor of the 10th of June, and amto thank you for the trouble you have given yourself, to procure meinformation on the subject of the commerce of your State. I pray you, also, to take the trouble of expressing my acknowledgments to theGovernor and Chamber of Commerce, as well as to Mr. Hall, for the veryprecise details on this subject, with which they have been pleased tohonor me. Your letter of last January, of which you make mention, nevercame to my hands. Of course, the papers now received are the first andonly ones which have come safe. The infidelities of the post-offices, both of England and France, are not unknown to you. The former are themost rascally, because they retain one's letters, not choosing to takethe trouble of copying them. The latter, when they have taken copies, are so civil as to send the originals, re-sealed clumsily with acomposition, on which they had previously taken the impression of theseal. England shows no dispositions to enter into friendly connectionswith us. On the contrary, her detention of our posts, seems to be thespeck which is to produce a storm. I judge that a war with America wouldbe a popular war in England. Perhaps the situation of Ireland may deterthe ministry from hastening it on. Peace is at length made between theEmperor and Dutch. The terms are not published, but it is said he getsten millions of florins, the navigation of the Scheldt not quite toAntwerp, and two forts. However, this is not to be absolutely relied on. The league formed by the King of Prussia against the Emperor is a mostformidable obstacle to his ambitious designs. It certainly has defeatedhis views on Bavaria, and will render doubtful the election of hisnephew to be King of the Romans. Matters are not yet settled between himand the Turk. In truth, he undertakes too much. At home he has made somegood regulations. 

Your present pursuit being (the wisest of all) agriculture, I am not ina situation to be useful to it. You know that France is not the countrymost celebrated for this art. I went the other day to see a plough whichwas to be worked by a windlass, without horses or oxen. It was a pooraffair. With a very troublesome apparatus, applicable only to adead level, four men could do the work of two horses. There seems apossibility that the great _desideratum_ in the use of the balloon maybe obtained. There are two persons at Javel (opposite to Auteuil) whoare pushing this matter. They are able to rise and fall at will, withoutexpending their gas, and they can deflect forty-five degrees from thecourse of the wind. 

I took the liberty of asking you to order me a Charleston newspaper. The expense of French postage is so enormous that I have been obliged todesire that my newspapers, from the different States, may be sent to theoffice for Foreign Affairs at New York; and I have requested of Mr. Jayto have them always packed in a box, and sent by the French packets asmerchandise to the care of the American consul at L'Orient, who willsend them on by the periodical wagons. Will you permit me to add thisto the trouble I have before given you, of ordering the printer to sendthem under cover to Mr. Jay, by such opportunities by water, as occurfrom time to time. This request must go to the acts of your Assemblyalso. I shall be on the watch to send you any thing that may appearhere on the subjects of agriculture or the arts, which may be worth yourperusal, I sincerely congratulate Mrs. Izard and yourself on the doubleaccession to your family by marriage and a new birth. My daughter valuesmuch your remembrance of her, and prays to have her respects presentedto the ladies and yourself. In this I join her, and shall embrace withpleasure every opportunity of assuring you of the sincere esteem, withwhich I have the honor to be, Dear Sir, your most obedient

and most humble servant, Th: Jefferson. 

LETTER CXVI. --TO RICHARD O'BRYAN, September 29, 1785

TO RICHARD O'BRYAN. 

Paris, September 29, 1785. 

Sir, I have received your letter, and shall exert myself for you. Be assuredof hearing from me soon: but say nothing to any body, except what may benecessary to comfort your companions. I add no more, because the fate ofthis letter is uncertain. I am, Sir, your very humble servant, Th: Jefferson. 

LETTER CXVII. --TO MR. BELLINI, September 30, 1785

TO MR. BELLINI. 

Paris, September 30, 1785. 

Dear Sir, Your estimable favor, covering a letter to Mr. Mazzei, came to hand onthe 26th instant. The letter to Mr. Mazzei was put into his hands in thesame moment, as he happened to be present. I leave to him to convey toyou all his complaints, as it will be more agreeable to me to expressto you the satisfaction I received, on being informed of your perfecthealth. Though I could not receive the same pleasing news of Mrs. Bellini, yet the philosophy, with which I am told she bears the loss ofhealth, is a testimony the more, how much she deserved the esteem Ibear her. Behold me at length on the vaunted scene of Europe! It isnot necessary for your information, that I should enter into detailsconcerning it. But you are, perhaps, curious to know how this new scenehas struck a savage of the mountains of America. Not advantageously, Iassure you. I find the general fate of humanity here most deplorable. The truth of Voltaire's observation offers itself perpetually, thatevery man here must be either the hammer or the anvil. It is a truepicture of that country to which they say we shall pass hereafter, andwhere we are to see God and his angels in splendor, and crowds of thedamned trampled under their feet. While the great mass of the people arethus suffering under physical and moral oppression, I have endeavored toexamine more nearly the condition of the great, to appreciate the truevalue of the circumstances in their situation which dazzle the bulk ofspectators, and, especially, to compare it with that degree of happinesswhich is enjoyed in America by every class of people. Intrigues of loveoccupy the younger, and those of ambition the elder part of the great. Conjugal love having no existence among them, domestic happiness, of which that is the basis, is utterly unknown. In lieu of this, aresubstituted pursuits which nourish and invigorate all our bad passions, and which offer only moments of ecstacy, amidst days and months ofrestlessness and torment. Much, very much inferior, this, to thetranquil, permanent felicity, with which domestic society in Americablesses most of its inhabitants; leaving them to follow steadily thosepursuits which health and reason approve, and rendering truly deliciousthe intervals of those pursuits. 

In science, the mass of the people is two centuries behind ours; theirliterati, half a dozen years before us. Books, really good, acquire justreputation in that time, and so become known to us, and communicate tous all their advances in knowledge. Is not this delay compensated, by our being placed out of the reach of that swarm of nonsensicalpublications, which issues daily from a thousand presses, and perishesalmost in issuing? With respect to what are termed polite manners, without sacrificing too much the sincerity of language, I would wish mycountrymen to adopt just so much of European politeness, as to beready to make all those little sacrifices of self, which really renderEuropean manners amiable, and relieve society from the disagreeablescenes to which rudeness often subjects it. Here, it seems that aman might pass a life without encountering a single rudeness. In thepleasures of the table they are far before us, because with good tastethey unite temperance. They do not terminate the most sociable meals bytransforming themselves into brutes. I have never yet seen a man drunkin France, even among the lowest of the people. Were I to proceed totell you how much I enjoy their architecture, sculpture, painting, music, I should want words. It is in these arts they shine. The last ofthem, particularly, is an enjoyment, the deprivation of which with uscannot be calculated. I am almost ready to say, it is the only thingwhich from my heart I envy them, and which, in spite of all theauthority of the Decalogue, I do covet. But I am running on in anestimate of things infinitely better known to you than to me, and whichwill only serve to convince you, that I have brought with me all theprejudices of country, habit, and age. But whatever I may allow tobe charged to me as prejudice, in every other instance, I have onesentiment at least founded on reality: it is that of the perfect esteemwhich your merit and that of Mrs. Bellini have produced, and which willfor ever enable me to assure you of the sincere regard with which I am, Dear Sir, your friend and servant, Th: Jefferson. 

LETTER CXVIII. --JAMES MADISON, October 2, 1785

JAMES MADISON, of William and Mary College. 

Paris, October 2, 1785. 

Dear Sir, I have duly received your favor of April the 10th, by Mr. Mazzei. Youtherein speak of a new method of raising water by steam, which yousuppose will come into general use. I know of no new method of thatkind, and suppose (as you say that the account you have received of itis very imperfect) that some person has represented to you, as new, afire-engine erected at Paris, and which supplies the greater part of thetown with water. But this is nothing more than the fire-engine youhave seen described in the books of hydraulics, and particularly in theDictionary of Arts and Sciences, published in 8vo, by Owen, the idea ofwhich was first taken from Papin's Digester. It would have been bettercalled the steam-engine. The force of the steam of water, you know, isimmense. In this-engine it is made to exert itself towards the workingof pumps. That of Paris is, I believe, the largest known, raising fourhundred thousand cubic feet (French) of water, in twenty-four hours; orrather I should have said, those of Paris, for there are two under oneroof, each raising that quantity. 

The Abbe Rochon not living at Paris, I have not had an opportunity ofseeing him, and of asking him the questions you desire, relative tothe crystal of which I wrote you. I shall avail myself of the earliestopportunity I can, of doing it. I shall cheerfully execute your commandsas to the _Encyclopédie_, when I receive them. The price will be onlythirty guineas. About half the work is out. The volumes of your Buffon, which are spoiled, can be replaced here. 

I expect that this letter will be carried by the Mr. Fitzhughs, ina ship from Havre to Portsmouth. I have therefore sent to Havre somebooks, which I expected would be acceptable to you. These are the_Bibliothèque Physico-oeconomique_, which will give you most of thelate improvements in the arts; the _Connoissance des Terns_ for 1786 and1787, which is as late as they are published; and some pieces on air andfire, wherein you will find all the discoveries hitherto made on thesesubjects. These books are made into a packet, with your address onthem, and are put into a trunk wherein is a small packet for Mr. Wythe, another for Mr. Page, and a parcel of books, without direction, forPeter Carr. I have taken the liberty of directing the trunk to you, asthe surest means of its getting safe. I pay the freight of it here, sothat there will be no new demands, but for the transportation from theship's side to Williamsburg, which I will pray you to pay; and as muchthe greatest part is for my nephew, I will take care to repay it to you. 

In the last volume of the _Connoissance des Terns_, you will find thetables for the planet Herschel. It is a curious circumstance, that thisplanet was seen thirty years ago by Mayer, and supposed by him to be afixed star. He accordingly determined a place for it, in his catalogueof the zodiacal stars, making it the 964th of that catalogue. Bode, of Berlin, observed in 1781, that this star was missing. Subsequentcalculations of the motion of the planet Herschel show, that it musthave been, at the time of Mayer's observation, where he had placed his964th star. 

Herschel has pushed his discoveries of double stars, now, to upwardsof nine hundred, being twice the number of those communicated in thePhilosophical Transactions. You have probably seen, that a Mr. Pigotthad discovered periodical variations of light in the star Algol. Hehas observed the same in the _n_ of Antinous, and makes the period ofvariation seven days, four hours, and thirty minutes, the duration ofthe increase sixty-three hours, and of the decrease thirty-six hours. What are we to conclude from this? That there are suns which have theirorbits of revolution too? But this would suppose a wonderful harmonyin their planets, and present a new scene, where the attracting powersshould be without, and not within the orbit. The motion of our sun wouldbe a miniature of this. But this must be left to you astronomers. 

I went some time ago to see a machine, which offers something new. A manhad applied to a light boat, a very large screw, the thread of which wasa thin plate, two feet broad, applied by its edge spirally round a smallaxis. It somewhat resembled a bottle-brush, if you will suppose thehairs of the bottle-brush joining together, and forming a spiral plane. This, turned on its axis in the air, carried the vessel across theSeine. It is, in fact, a screw which takes hold of the air and drawsitself along by it: losing, indeed, much of its effort by the yieldingnature of the body it lays hold of, to pull itself on by. I think itmay be applied in the water with much greater effect, and to very usefulpurposes Perhaps it may be used also for the balloon. 

It is impossible but you must have heard long ago of the machine forcopying letters at a single stroke, as we had received it in Americabefore I left there. I have written a long letter to my nephew, in whoseeducation I feel myself extremely interested. I shall rely much on yourfriendship for conducting him in the plan I mark out for him, and forguarding him against those shoals, on which youth sometimes shipwreck. Itrouble you to present to Mr. Wythe my affectionate remembrance of him, and am with very great esteem, Dear Sir, your friend and servant, Th: Jefferson. 

LETTER CXIX. --TO DR. FRANKLIN, October 5, 1785

TO DR. FRANKLIN. 

Paris, October 5, 1785. 

Dear Sir, A vessel sailing from Havre to Philadelphia, furnishes the Messrs. Fitzhughs with a passage to that place. To them, therefore, I confide anumber of letters and packets which I have received for you from sundryquarters, and which, I doubt not, they will deliver safe. Among these isone from M. Du Plessis. On receipt of your letter, in answer to theone I had written you, on the subject of his memorial, I sent to M. LaMotte, M. Chaumont, and wherever else I thought there was a probabilityof finding out Du Plessis' address. But all in vain. I meant to examinehis memoir, as you desired, and to have it copied. Lately, he came andbrought it with him, copied by himself. He desired me to read it, andenclose it to you, which I have done. 

We have no public news worth communicating to you, but the signing ofpreliminaries between the Emperor and Dutch. The question is, then, withwhom the Emperor will pick the next quarrel. Our treaty with Prussiagoes by this conveyance. But it is not to be spoken of till a convenienttime is allowed for exchanging ratifications. 

Science offers nothing new since your departure, nor any new publicationworth your notice. All your friends here are well. Those in Englandhave carried you captive to Algiers. They have published a letter, asif written by Truxen, the 20th of August, from Algiers, statingthe circumstances of the capture, and that you bore your slavery toadmiration. I happened to receive a letter from Algiers, dated Augustthe 24th, informing me that two vessels were then there, taken from us, and naming the vessels and captains. This was a satisfactory proof tous, that you were not there. The fact being so, we would have gladlydispensed with the proof, as the situation of our countrymen there wasdescribed as very distressing. 

Were I to mention all those who make inquiries after you, there would beno end to my letter. I cannot, however, pass over those of the good oldCountess d'Hoditot, with whom I dined on Saturday, at Sanois. They werevery affectionate. I hope you have had a good passage. Your essay incrossing the channel gave us great hopes you would experience littleinconvenience on the rest of the voyage. My wishes place you in thebosom of your friends, in good health, and with a well grounded prospectof preserving it long, for your own sake, for theirs, and that of theworld. 

I am, with the sincerest attachment and respect, Dear Sir, your most obedient

and most humble servant, Th: Jefferson. 

LETTER CXX. --TO SAMUEL OSGOOD, October 5, 1785

TO SAMUEL OSGOOD. 

Paris, October 5, 1785. 

Dear Sir, It was with very sincere pleasure I heard of your appointment tothe board of treasury, as well from the hope that it might notbe disagreeable to yourself, as from the confidence that youradministration would be wise. I heartily wish the States may, by theircontributions, enable you to re-establish a credit, which cannot belower than at present, to exist at all. This is partly owing to theirreal deficiencies, and partly to the lies propagated by the Londonpapers, which are probably paid for by the minister, to reconcile thepeople to the loss of us. Unluckily, it indisposes them, at the sametime, to form rational connections with us. Should this produce theamendment of our federal constitution, of which your papers give ushopes, we shall receive a permanent indemnification for a temporaryloss. 

All things here promise an arrangement between the Emperor and Dutch. Their ministers have signed preliminary articles, some of which, however, leave room for further cavil. The Dutch pay ten millions offlorins, yield some forts and territory, and the navigation of theScheldt to Saftingen. Till our treaty with England be fully executed, it is desirable to us, that all the world should be in peace. That done, their wars would do us little harm. 

I find myself under difficulties here, which I will take the liberty ofexplaining to you as a friend. Mr. Carmichael lately drew a bill onMr. Grand for four thousand livres, I suppose for his salary. Mr. Grand said, he was not used to accept drafts but by the desire of Dr. Franklin, and rested it on me to say, whether this bill should be paidor not. I thought it improper, that the credit of so confidentiala person, as Mr. Carmichael, should be affected by a refusal, andtherefore advised payment. Mr. Dumas has drawn on me for twenty-sevenhundred livres, his half year's salary, informing me he always drew onDr. Franklin. I shall advise the payment. I have had loan-office bills, drawn on the commissioners of the United States, presented to me. Myanswer has been, 'These are very old bills. Had they been presentedwhile those gentlemen were in Europe, they would have been paid. Youhave kept them up till Dr. Franklin, the last of them, has returned toAmerica; you must therefore send them there, and they will be paid. I amnot the drawee described in the bill. ' It is impossible for me to meddlewith these bills. The gentlemen who had been familiar with them, fromthe beginning, who kept books of them, and knew well the form of thesebooks, often paid bills twice. But how can I interfere with them, who have not a scrip of a pen on their subject, who never saw a bookrelating to them, and who, if I had the books, should much oftener bebewildered in the labyrinth, than the gentlemen who have kept them? Ithink it, therefore, most advisable, that what bills remain out, shouldbe sent back to America for payment, and therefore advise Mr. Barclay toreturn thither all the books and papers relative to them. There, is theproper and ultimate deposite of all records of this nature. Allthese articles are very foreign to my talents, and foreign also, as Iconceive, to the nature of my duties. Dr. Franklin was obliged to meddlewith them, from the circumstances which existed. But, these havingceased, I suppose it practicable for your board to direct theadministration of your monies here, in every circumstance. It is onlynecessary for me to draw my own allowances, and to order payment forservices done by others, by my direction, and within the immediate lineof my office; such as paying couriers, postage, and other extraordinaryservices, which must rest on my discretion, and at my risk, ifdisapproved by Congress. I will thank you for your advice on thissubject, and if you think a resolution of your board necessary, I willpray you to send me such a one, and that it may relieve me from allconcerns with the money of the United States, other than those I havejust spoken of. I do not mean by this to testify a disposition to renderno service but what is rigorously within my duty. I am the farthest inthe world from this; it is a question I shall never ask myself; nothingmaking me more happy than to render any service in my power of whateverdescription. But I wish only to be excused from intermeddling inbusiness, in which I have no skill, and should do more harm than good. 

Congress were pleased to order me an advance of two quarters' salary. Atthat time, I supposed that I might refund it, or spare so much from myexpenses, by the time the third quarter became due. Probably, they mightexpect the same. But it has been impossible. The expense of my outfit, though I have taken it up on a scale as small as could be admitted, hasbeen very far beyond what I had conceived. I have, therefore, not onlybeen unable to refund the advance ordered, but been obliged to go beyondit. I wished to have avoided so much, as was occasioned by the purchaseof furniture. But those who hire furniture, asked me forty per cent, a year for the use of it. It was better to buy, therefore; and thisarticle, clothes, carriage, &c. Have amounted to considerably more thanthe advance ordered. Perhaps it may be thought reasonable to allow me anoutfit. The usage of every other nation has established this, and reasonreally pleads for it. I do not wish to make a shilling; but only myexpenses to be defrayed, and in a moderate style. On the most moderate, which the reputation or interest of those I serve would admit, it willtake me several years to liquidate the advances for my outfit. I mentionthis, to enable you to understand the necessities which have obliged meto call for more money than was probably expected, and, understandingthem, to explain them to others. Being perfectly disposed to conformmyself decisively to what shall be thought proper, you cannot oblige memore, than by communicating to me your sentiments hereon, which I shallreceive as those of a friend, and govern myself accordingly. 

I am, with the most perfect esteem, Dear Sir, your friend and servant, Th: Jefferson. 

LETTER CXXI. --TO JOHN JAY, October 6, 1785

TO JOHN JAY. 

Paris, October 6, 1785. 

Sir, My letter of August the 30th acknowledged the receipt of yours of Julythe 13th. Since that, I have received your letter of August the 13th, enclosing a correspondence between the Marquis de la Fayette andMonsieur de Calonne, and another of the same date, enclosing the papersin Fortin's case. I immediately wrote to M. Limozin, at Havre, desiringhe would send me a state of the case, and inform me what were thedifficulties which suspended its decision. He has promised me, byletter, to do this as soon as possible, and I shall not fail inattention to it. 

The Emperor and Dutch have signed preliminaries, which are now madepublic. You will see them in the papers which accompany this. They stillleave a good deal to discussion. However, it is probable they will endin peace. The party in Holland, possessed actually of the sovereignty, wish for peace, that they may push their designs on the Stadtholderate. This country wishes for peace, because her finances need arrangement. The Bavarian exchange has produced to public view that jealousy and. Rancor between the courts of Vienna and Berlin, which existed before, though it was smothered. This will appear by the declarations of the twocourts. The demarcation between the Emperor and Turk does not advance. Still, however, I suppose neither of those two germs of war likely toopen soon. I consider the conduct of France as the best evidence ofthis. If she had apprehended a war from either of those quarters, shewould not have been so anxious to leave the Emperor one enemy the less, by placing him at peace with the Dutch. While she is exerting allher powers to preserve peace by land, and making no preparation whichindicates a fear of its being disturbed in that quarter, she is pushingher naval preparations, with a spirit unexampled in time of peace. By the opening of the next spring, she will have eighty ships, ofseventy-four guns and upwards, ready for sea at a moment's warning; andthe further constructions proposed, will probably, within two years, raise the number to an hundred. New regulations have been made, too, for perfecting the classification of her seamen; an institution, which, dividing all the seamen of the nation into classes, subjects them totours of duty by rotation and enables government, at all times, to mantheir ships. Their works for rendering Cherbourg a harbor for theirvessels of war, and Dunkirk, for frigates and privateers, leave nowlittle doubt of success. It is impossible that these preparations canhave in view any other nation than the English. Of course, they show agreater diffidence of their peace with them, than with any other power. 

I mentioned to you, in my letter of August the 14th, that I had desiredCaptain John Paul Jones to inquire into the circumstances of Peyrouse'sexpedition. I have now the honor of enclosing you copies of my letter tohim, and of his answer. He refuses to accept of any indemnification forhis expenses, which is an additional proof of his disinterested spirit, and of his devotion to the service of America. The circumstances areobvious, which indicate an intention to settle factories, and notcolonies, at least, for the present. However, nothing shows for whatplace they are destined. The conjectures are divided between NewHolland, and the northwest coast of America. 

According to what I mentioned in my letter of August the 30th, I haveappointed Mr. Short my secretary here. I enclose to you copies of myletters to him and Mr. Grand, which will show to Congress that he standsaltogether at their pleasure. I mention this circumstance, that if whatI have done meets with their disapprobation, they may have the goodnessto signify it immediately, as I should otherwise conclude that they donot disapprove it. I shall be ready to conform myself to what would bemost agreeable to them. 

This will be accompanied by the gazettes of France and Ley-den, to thepresent date. 

I have the honor to be, with sentiments of the highest esteem andrespect, Sir, your most obedient

and most humble servant, Th: Jefferson. 

LETTER CXXII. --TO ELBRIDGE GERRY, October 11, 1785

TO ELBRIDGE GERRY. 

Paris, October 11, 1785. 

Dear Sir, I received, last night, the letter signed by yourself and the othergentlemen, delegates of Massachusetts and Virginia, recommending Mr. Sayre for the Barbary negotiations. As that was the first moment of itssuggestion to me, you will perceive by my letter of this day, to Mr Jay, that the business was already established in other hands, as your lettercame at the same time with the papers actually signed by Mr. Adams, forMessrs. Barclay and Lambe, according to arrangements previously takenbetween us. I should, with great satisfaction, have acceded to therecommendation in the letter: not indeed as to Morocco, because, nobetter man than Mr. Barclay could have been substituted; but as toAlgiers, Mr. Lambe being less known to me. However, I hope well of him, and rely considerably on the aid he will receive from his secretary, Mr. Randall, who bears a very good character. I suppose Mr. Adams entitledto the same just apology, as matters were settled otherwise, before heprobably received your letter. I pray you to communicate this to theother gentlemen of your and our delegation as my justification. 

The peace made between the Emperor and Dutch, leaves Europe quiet forthis campaign. As yet, we do not know where the storm, dissipated forthe moment, will gather again. Probably over Bavaria or Turkey. But thiswill be for another year. 

When our instructions were made out, they were conceived on a generalscale, and supposed that all the European nations would be disposed toform commercial connections with us. It is evident, however, that a verydifferent degree of importance was annexed to these different states. Spain, Portugal, England, and France, were most important. Holland, Sweden, Denmark, in a middling degree. The others, still less so. Spaintreats in another line. Portugal is disposed to do the same. Englandwill not treat at all; nor will France, probably, add to her formertreaty. Failing in the execution of these our capital objects, it hasappeared to me, that the pushing the treaties with the lesser powers, might do us more harm than good, by hampering the measures the Statesmay find it necessary to take, for securing those commercial interests, by separate measures, which is refused to be done here, in concert. Ihave understood through various channels, that the members of Congresswished a change in our instructions. I have, in my letter to Mr. Jay, ofthis date, mentioned the present situation and aspect of these treaties, for their information. 

My letter of the 6th instant to Mr. Jay, having communicated what littlethere is new here, I have only to add assurances of the sincere esteem, with which I have the honor to be, Dear Sir, your friend and servant, Th: Jefferson. 

LETTER CXXIII. --TO THE COUNT DE VERGENNES, October 11, 1785

TO THE COUNT DE VERGENNES. 

Paris, October 11, 1785. 

Sir, I have the honor of enclosing to your Excellency, a report of the voyageof an American ship, the first which has gone to China. The circumstancewhich induces Congress to direct this communication, is the veryfriendly conduct of the consul of his Majesty at Macao, and of thecommanders and other officers of the French vessels in those seas. Ithas been with singular satisfaction, that Congress have seen these addedto the many other proofs of the cordiality of this nation towards ourcitizens. It is the more pleasing, when it appears in the officers ofgovernment, because it is then viewed as an emanation of the spirit ofthe government. It would be an additional gratification to Congress, inthis particular instance, should any occasion arise of notifyingthose officers, that their conduct has been justly represented toyour Excellency, on the part of the United States, and has metyour approbation. Nothing will be wanting, on our part, to fostercorresponding dispositions in our citizens, and we hope that proofsof their actual existence have appeared, and will appear, whenever, occasion shall offer. A sincere affection between the two people, is thebroadest basis on which their peace can be built. 

It will always be among the most pleasing functions of my office, tobe made the channel of communicating the friendly sentiments of the twogovernments. It is additionally so, as it gives me an opportunity ofassuring your Excellency of the high respect and esteem, with which Ihave the honor to be, your Excellency's most obedient

and most humble servant, Th: Jefferson. 

LETTER CXXIV. --TO JOHN JAY, October 11, 1785

TO JOHN JAY. 

Paris, October 11, 1785. 

Sir, In my letter of August the 14th, I had the honor of expressing to youthe uneasiness I felt at the delay of the instructions on the subjectof the Barbary treaties, of which Mr. . Lambe was the bearer, and ofinforming you that I had proposed to Mr. Adams, that if he did notarrive either in the French or English packets, then expected, we shouldsend some person to negotiate these treaties. As he did not arrive inthose packets, and I found Mr. Barclay was willing to undertake thenegotiations, I wrote to Mr. Adams (who had concurred in the propositionmade him), informing him that Mr. Barclay would go, and proposing papersfor our immediate signature. The day before the return of the courier, Mr. Lambe arrived with our instructions, the letters of credence, heenclosed in yours of March the 11th, 1785. Just about the same time, came to hand the letter No. 1, informing me, that two American vesselswere actually taken and carried into Algiers, and leaving no furtherdoubt that that power was exercising hostilities against us in theAtlantic. The conduct of the Emperor of Morocco had been such, asforbade us to postpone his treaty to that with Algiers. But thecommencement of hostilities by the latter, and their known activity, pressed the necessity of immediate propositions to them. It wastherefore thought best, while Mr. Barclay should be proceeding with theEmperor of Morocco, that some other agent should go to Algiers. We hadfew subjects to choose out of. Mr. Lambe's knowledge of the country, of its inhabitants, of their manner of transacting business, therecommendations from his State to Congress, of his fitness for thisemployment, and other information founding a presumption that he wouldbe approved, occasioned our concluding to send him to Algiers. Thegiving him proper authorities, and new ones to Mr. Barclay conformableto our own new powers, was the subject of a new courier between Mr. Adams and myself. He returned last night, and I have the honor ofenclosing you copies of all the papers we furnish those gentlemen with;which will possess Congress fully of our proceedings herein. They arenumbered from two to ten inclusive. The supplementary instruction to Mr. Lambe, No. 5, must rest for justification on the emergency of the case. The motives which led to it, must be found in the feelings of the humanheart, in a partiality for those sufferers who are of our own country, and in the obligations of every government to yield protection to theircitizens, as the consideration for their obedience. It will be a comfortto know, that Congress does not disapprove this step. 

Considering the treaty with Portugal among the most interesting to theUnited States, I some time ago, took occasion at Versailles, to askof the Portuguese ambassador, if he had yet received from his court ananswer to our letter. He told me he had not, but that he would makeit the subject of another letter. Two days ago, his _secrétaired'ambassade_ called on me, with a letter from his minister to theambassador, in which was the following paragraph, as he translated it tome; and I committed it to writing from his mouth. 'Your Excellency hascommunicated to us the substance of your conversation with the Americanminister. That power ought to have been already persuaded, by the mannerin which its vessels have been received here; and consequently that hisMajesty would have much satisfaction in maintaining perfect harmony andgood understanding with the same United States. But it would be properto begin with the reciprocal nomination, on both sides, of persons, who, at least with the character of agents, might reciprocally inform theirconstituents, of what might conduce to a knowledge of the interests ofthe two nations, without prejudice to either. This first step appearsnecessary to lead to the proposed object. '

By this, it would seem, that this power is more disposed to pursue atrack of negotiation, similar to that which Spain has done. I considerthis answer as definitive of all further measures, under our commissionto Portugal. That to Spain was superseded by proceedings in anotherline. That to Prussia is concluded by actual treaty; to Tuscany willprobably be so; and perhaps to Denmark: and these, I believe, willbe the sum of the effects of our commissions for making treaties ofalliance. England shows no disposition to treat. France, should herministers be able to keep the ground of the _Arrêt_ of August, 1784, against the clamors of her merchants, and should they be disposed, hereafter, to give us more, very probably will not bind herself to it bytreaty, but keep her regulations dependent on her own will. Sweden willestablish a free port at St. Bartholomew's, which, perhaps, will renderany new engagement, on our part, unnecessary. Holland is so immovablein her system of colony administration, that, as propositions to her, onthat subject, would be desperate, they had better not be made. You willperceive by the letter No. 11, from the Marquis de la Fayette, thatthere is a possibility of an overture from the Emperor. A hint fromthe _charge des affaires of Naples_, lately, has induced me to supposesomething of the same kind from thence. But the advanced period of ourcommissions now offers good cause for avoiding to begin, what probablycannot be terminated during their continuance; and with respect to thesetwo, and all other powers not before mentioned, I doubt whether theadvantages to be derived from treaties with them, will countervail theadditional embarrassments they may impose on the States, when they shallproceed to make those commercial arrangements necessary to counteractthe designs of the British cabinet. I repeat it, therefore, that theconclusion of the treaty with Prussia, and the probability of otherswith Denmark, Tuscany and the Barbary States, may be expected to windup the proceedings of the general commissions. I think that, in possibleevents, it may be advantageous to us, by treaties with Prussia, Denmark, and Tuscany, to have secured ports in the Northern and Mediterraneanseas. I have the honor to be, with sentiments of the highest respect andesteem, Sir, your most obedient

and most humble servant, Th: Jefferson. 

LETTER CXXV. --TO MESSRS. VAN STAPHORST, October 12, 1785

TO MESSRS. VAN STAPHORST. 

Paris, October 12, 1785. 

Gentlemen, The receipt of your favor, of September the 19th, should not have beenso long unacknowledged, but that I have been peculiarly and very closelyengaged ever since it came to hand. 

With respect to the expediency of the arrangement you propose to makewith Mr. Parker, I must observe to you, that it would be altogether outof my province to give an official opinion, for your direction. Thesetransactions appertain altogether to the commissioners of the treasury, to whom you have very properly written on the occasion. I shall alwaysbe willing, however, to apprize you of any facts I may be acquaintedwith, and which might enable you to proceed with more certainty; andeven to give my private opinion, where I am acquainted with the subject, leaving you the most perfect liberty to give it what weight you maythink proper. In the present case, I cannot give even a private opinion, because I am not told what are precisely the securities offered by Mr. Parker. So various are the securities of the United States, that unlessthey are precisely described by their dates, consideration, and othermaterial circumstances, no man on earth can say what they are worth. One fact, however, is certain, that all debts of any considerable amountcontracted by the United States, while their paper money existed, aresubject to a deduction, and not payable at any fixed period. I think Imay venture to say, also, that there are no debts of the United States, 'on the same footing with the money loaned by Holland, ' except those dueto the Kings of France and Spain. However, I hope you will soon receivethe answer of the commissioners, which alone can decide authoritativelywhat can be done. 

Congress have thought proper to entrust to Mr. Adams and myself acertain business, which may eventually call for great advances of money:perhaps four hundred thousand livres or upwards. They have authorizedus to draw for this on their funds in Holland. The separate situation ofMr. Adams and myself rendering joint drafts inconvenient, we have agreedthat they shall be made by him alone. You will be pleased, therefore, togive the same credit to these bills, drawn by him, as if they were alsosubscribed by me. 

I have the honor to be, with high respect, Gentlemen, your most obedient

and most humble servant, Th: Jefferson. 

LETTER CXXVI. --TO MONSIEUR DESBORDES, October 12, 1785

TO MONSIEUR DESBORDES. 

Paris, October 12, 1785. 

Sir, There are, in the prison of St. Pol de Léon, six or seven citizens ofthe United States of America, charged with having attempted a contrabandof tobacco, but, as they say themselves, forced into that port bystress of weather. I believe that they are innocent. Their situationis described to me to be as deplorable, as should be that of men foundguilty of the worst of crimes. They are in close jail, allowed threesous a day only, and unable to speak a word of the language of thecountry. I hope their distress, which it is my duty to relieve, and therecommendation of Mr. Barclay to address myself to you, will apologizefor the liberty I take, of asking you to advise them what to do fortheir defence, to engage some good lawyer for them, and to pass to themthe pecuniary reliefs necessary. I write to Mr. Lister Asquith, theowner of the vessel, that he may draw bills on me, from time totime, for a livre a day for every person of them, and for what may benecessary to engage a lawyer for him. I will pray the favor of you tofurnish him money for his bills drawn on me for these purposes, which Iwill pay on sight. You will judge if he should go beyond this allowance, and be so good as to reject the surplus. I must desire his lawyer tosend me immediately a state of their case, and let me know in whatcourt their process is, and when it is likely to be decided. I hope thecircumstances of the case will excuse the freedom I take; and I have thehonor to be, with great respect, Sir, your most obedient, humble servant, Th: Jefferson. 

LETTER CXXVII. --TO HOGENDORP, October 13, 1785

TO HOGENDORP. 

Paris, October 13, 1785. 

Dear Sir, Having been much engaged lately, I have been unable sooner toacknowledge the receipt of your favor of September the 8th. What you arepleased to say on the subject of my Notes, is more than they deserve. The condition in which you first saw them, would prove to you howhastily they had been originally written; as you may remember thenumerous insertions I had made in them, from time to time, when I couldfind a moment for turning to them from other occupations. I have neveryet seen Monsieur de Buffon. He has been in the country all the summer. I sent him a copy of the book, and have only heard his sentiments on oneparticular of it, that of the identity of the mammoth and elephant. As to this, he retains his opinion that they are the same. If you hadformed any considerable expectations from our revised code of laws, youwill be much disappointed. It contains not more than three or four lawswhich could strike the attention of a foreigner. Had it been a digest ofall our laws, it would not have been comprehensible or instructive, butto a native. But it is still less so, as it digests only the Britishstatutes and our own acts of Assembly, which are but a supplementarypart of our law. The great basis of it is anterior to the date of theMagna Charta, which is the oldest statute extant. The only merit of thiswork is, that it may remove from our book-shelves about twenty foliovolumes of statutes, retaining all the parts of them, which either theirown merit or the established system of laws required. 

You ask me what are those operations of the British nation, whichare likely to befriend us, and how they will produce this effect? TheBritish government, as you may naturally suppose, have it much at heartto reconcile their nation to the loss of America. This is essential tothe repose, perhaps even to the safety of the King and his ministers. The most effectual engines for this purpose are the public papers. Youknow well, that that government always kept a kind of standing army ofnews-writers, who, without any regard to truth, or to what should belike truth, invented, and put into the papers, whatever might serve theministers. This suffices with the mass of the people, who have no meansof distinguishing the false from the true paragraphs of a newspaper. When forced to acknowledge our independence, they were forced toredouble their efforts to keep the nation quiet. Instead of a few ofthe papers, formerly engaged, they now engaged every one. No paper, therefore, comes out without a dose of paragraphs against America. Theseare calculated for a secondary purpose also, that of preventing theemigrations of their people to America. They dwell very much on Americanbankruptcies. To explain these, would require a long detail; but wouldshow you that nine tenths of these bankruptcies are truly Englishbankruptcies, in no wise chargeable on America. However, they haveproduced effects the most desirable of all others for us. They havedestroyed our credit, and thus checked our disposition to luxury; and, forcing our merchants to buy no more than they have ready money to payfor, they force them to go to those markets where that ready money willbuy most. Thus you see, they check our luxury, they force us to connectourselves with all the world, and they prevent foreign emigrations toour country, all of which I consider as advantageous to us. They aredoing us another good turn. They attempt, without disguise, to possessthemselves of the carriage of our produce, and to prohibit our ownvessels from participating of it. This has raised a general indignationin America. The States see, however, that their constitutions haveprovided no means of counteracting it. They are therefore beginning tovest Congress with the absolute power of regulating their commerce, only reserving all revenue arising from it, to the State in which it islevied. This will consolidate our federal building very much, and forthis we shall be indebted to the British. 

You ask what I think on the expediency of encouraging our States tobe commercial? Were I to indulge my own theory, I should wish them topractise neither commerce nor navigation, but to stand, with respect toEurope, precisely on the footing of China. We should thus avoid wars, and all our citizens would be husbandmen. Whenever, indeed, our numbersshould so increase, as that our produce would overstock the markets ofthose nations who should come to seek it, the farmers must either employthe surplus of their time in manufactures, or the surplus of our handsmust be employed in manufactures, or in navigation. But that day would, I think, be distant, and we should long keep our workmen in Europe, while Europe should be drawing rough materials, and even subsistence, from America. But this is theory only, and a theory which the servantsof America are not at liberty to follow. Our people have a decided tastefor navigation and commerce. They take this from their mother country;and their servants are in duty bound to calculate all their measures onthis datum: we wish to do it by throwing open all the doors of commerce, and knocking off its shackles. But as this cannot be done for others, unless they will do it for us, and there is no great probability thatEurope will do this, I suppose we shall be obliged to adopt a systemwhich may shackle them in our ports, as they do us in theirs. Withrespect to the sale of our lands, that cannot begin till a considerableportion shall have been surveyed. They cannot begin to survey till thefall of the leaf of this year, nor to sell probably till the ensuingspring. So that it will be yet a twelvemonth, before we shall be able tojudge of the efficacy of our land-office, to sink our national debt. Itis made a fundamental, that the proceeds shall be solely and sacredlyapplied as a sinking fund, to discharge the capital only of the debt. 

It is true that the tobaccos of Virginia go almost entirely to England. The reason is, the people of that State owe a great debt there, whichthey are paying as fast as they can. I think I have now answered yourseveral queries, and shall be happy to receive your reflections on thesame subjects, and at all times to hear of your welfare, and to give youassurances of the esteem, with which I have the honor to be, Dear Sir, your most obedient

and most humble servant, Th: Jefferson. 

LETTER CXXVIII. --TO J. BANNISTER, JUNIOR, October 15, 1785

TO J. BANNISTER, JUNIOR. 

Paris, October 15, 1785. 

Dear Sir, I should sooner have answered the paragraph in your letter, of Septemberthe 19th, respecting the best seminary for the education of youth, in Europe, but that it was necessary for me to make inquiries on thesubject. The result of these has been, to consider the competition asresting between Geneva and Rome. They are equally cheap, and probablyare equal in the course of education pursued. The advantage of Genevais, that students acquire there the habit of speaking French. Theadvantages of Rome are, the acquiring a local knowledge of a spot soclassical and so celebrated; the acquiring the true pronunciation of theLatin language; a just taste in the fine arts, more particularly thoseof painting, sculpture, architecture, and music; a familiarity withthose objects and processes of agriculture, which experience has shownbest adapted to a climate like ours; and lastly, the advantage of afine climate for health. It is probable, too, that by being boarded in aFrench family, the habit of speaking that language may be obtained. Ido not count on any advantage to be derived in Geneva from a familiaracquaintance with the principles of that government. The late revolutionhas rendered it a tyrannical aristocracy, more likely to give ill, thangood ideas to an American. I think the balance in favor of Rome. Pisa issometimes spoken of, as a place of education. But it does not offerthe first and third of the advantages of Rome. But why send an Americanyouth to Europe for education? What are the objects of an usefulAmerican education? Classical knowledge, modern languages, chieflyFrench, Spanish, and Italian; Mathematics, Natural Philosophy, NaturalHistory, Civil History, and Ethics. In Natural Philosophy, I mean toinclude Chemistry and Agriculture, and in Natural History, to includeBotany, as well as the other branches of those departments. It istrue, that the habit of speaking the modern languages cannot be so wellacquired in America; but every other article can be as well acquiredat William and Mary College, as at any place in Europe. When collegeeducation is done with, and a young man is to prepare himself for publiclife, he must cast his eyes (for America) either on Law or Physic. Forthe former, where can he apply so advantageously as to Mr. Wythe? Forthe latter, he must come to Europe: the medical class of students, therefore, is the only one which need come to Europe. Let us view thedisadvantages of sending a youth to Europe. To enumerate them all, wouldrequire a volume. I will select a few. If he goes to England, he learnsdrinking, horse-racing, and boxing. These are the peculiarities ofEnglish education. The following circumstances are common to educationin that, and the other countries of Europe. He acquires a fondness forEuropean luxury, and dissipation, and a contempt for the simplicity ofhis own country; he is fascinated with the privileges of the Europeanaristocrats, and sees, with abhorrence, the lovely equality which thepoor enjoy with the rich in his own country; he contracts a partialityfor aristocracy or monarchy; he forms foreign friendships which willnever be useful to him, and loses the season of life for forming inhis own country those friendships, which, of all others, are the mostfaithful and permanent; he is led by the strongest of all the humanpassions into a spirit for female intrigue, destructive of his own andothers' happiness, or a passion for whores, destructive of his health, and in both cases, learns to consider fidelity to the marriage bed as anungentlemanly practice, and inconsistent with happiness; he recollectsthe voluptuary dress and arts of the European women, and pities anddespises the chaste affections and simplicity of those of his owncountry; he retains, through life, a fond recollection, and a hankeringafter those places, which were the scenes of his first pleasures andof his first connections; he returns to his own country a foreigner, unacquainted with the practices of domestic economy necessary topreserve him from ruin, speaking and writing his native tongue as aforeigner, and therefore unqualified to obtain those distinctions, whicheloquence of the pen and tongue ensures in a free country; for, I wouldobserve to you, that what is called style in writing or speaking, is formed very early in life, while the imagination is warm, andimpressions are permanent. I am of opinion, that there never was aninstance of a man's writing or speaking his native tongue with elegance, who passed from fifteen to twenty years of age out of the countrywhere it was spoken. Thus, no instance exists of a person's writing twolanguages perfectly. That will always appear to be his native language, which was most familiar to him in his youth. It appears to me then, thatan American coming to Europe for education, loses in his knowledge, inhis morals, in his health, in his habits, and in his happiness. I hadentertained only doubts on this head, before I came to Europe: what Isee and hear, since I came here, proves more than I had even suspected. Cast your eye over America: who are the men of most learning, of mosteloquence, most beloved by their countrymen, and most trusted andpromoted by them? They are those who have been educated among them, andwhose manners, morals, and habits, are perfectly homogeneous with thoseof the country. 

Did you expect by so short a question, to draw such a sermon onyourself? I daresay you did not. But the consequences of foreigneducation are alarming to me, as an American. I sin, therefore, throughzeal, whenever I enter on the subject. You are sufficiently Americanto pardon me for it. Let me hear of your health, and be assured of theesteem with which I am, Dear Sir, your friend and servant, Th: Jefferson. 

LETTER CXXIX. --TO MR. CARMICHAEL, October 18, 1785

TO MR. CARMICHAEL. 

Paris, October 18, 1785. 

Dear Sir, Your favor of the 29th of September came safely to hand: the constantexpectation of the departure of the persons whom I formerly gave youreason to expect, has prevented my writing, as it has done yours. Theywill probably leave this in a week, but their route will be circuitousand attended with delays. Between the middle and last of November, theymay be with you. By them, you will receive a cipher, by which you maycommunicate with Mr. Adams and myself. I should have sent it by BaronDreyer, the Danish minister; but I then expected our own conveyancewould have been quicker. Having mentioned this gentleman, give me leaveto recommend him to your acquaintance. He is plain, sensible, and open:he speaks English well, and had he been to remain here, I should havecultivated his acquaintance much. Be so good as to present me veryrespectfully to him. 

This being to go by post, I shall only add the few articles of generalAmerican news, by the last packet. Dr. Franklin arrived in good healthat Philadelphia, the 15th ult. , and was received amidst the acclamationsof an immense crowd. No late event has produced greater demonstrationsof joy. It is doubted whether Congress will adjourn this summer; butthey are so thin, they do not undertake important business. Our westernposts are in statu quo. 

I have the honor to be, with great esteem, Dear Sir, your friend and servant, Th: Jefferson. 

LETTER CXXX. --TO MESSRS. VAN STAPHORSTS, October 25, 1785

TO MESSRS. VAN STAPHORSTS. 

Paris, October 25, 1785. 

Gentlemen, I received yesterday your favor of the 20th instant. In order to giveyou the information you desire, on the subject of the liquidated debtsof the United States, and the comparative footing on which they stand, I must observe to you, that the first and great division of ourfederal debt, is, into 1. Foreign; and 2. Domestic. The foreign debtcomprehends, 1. The loan from the government of Spain; 2. The loans fromthe government of France, and from the Farmers General; 3. The loansnegotiated in Holland, by order of Congress. This branch of our debtstands absolutely singular: no man in the United States having eversupposed that Congress, or their legislatures, can, in any wise, modifyor alter it. They justly view the United States as the one party, and the lenders as the other, and that the consent of both would berequisite, were any modification to be proposed. But with respect to thedomestic debt, they consider Congress as representing both the borrowersand lenders, and that the modifications which have taken place in this, have been necessary to do justice between the two parties, and that theyflowed properly from Congress as their mutual umpire. The domestic debtcomprehends 1. The army debt; 2. The loan-office debt; 3. The liquidateddebt; and 4. The unliquidated debt. The first term includes debts to theofficers and soldiers for pay, bounty, and subsistence. The second termmeans monies put into the loan-office of the United States. The thirdcomprehends all debts contracted by quarter-masters, commissioners, andothers duly authorized to procure supplies for the army, and which havebeen liquidated (that is, settled) by commissioners appointed under theresolution of Congress, of June the 12th, 1780, or by the officer whomade the contract. The fourth comprehends the whole mass of debts, described in the preceding article, which have not yet been liquidated. These are in a course of liquidation, and are passing over daily intothe third class. The debts of this third class, that is, the liquidateddebt, is the object of your inquiry. No time is fixed for the payment ofit, no fund as yet determined, nor any firm provision for the interestin the mean time. The consequence is, that the certificates of thesedebts sell greatly below par. When I left America, they could be boughtfor from two shillings and sixpence to fifteen shillings, in the pound:this difference proceeding from the circumstance of some STates havingprovided for paying the interest on those due in their own State, whichothers had not. Hence, an opinion had arisen with some, and propositionshad even been made in the legislatures, for paying off the principal ofthese debts with what they had cost the holder, and interest on that. This opinion is far from being general, and I think will not prevail. But it is among possible events. 

I have been thus particular, that you might be able to judge, not onlyin the present case, but also in others, should any attempts be madeto speculate in your city, on these papers. It is a business, in whichforeigners will be in great danger of being duped. It is a science whichbids defiance to the powers of reason. To understand it, a man must notonly be on the spot, and be perfectly possessed of all the circumstancesrelative to every species of these papers, but he must have thatdexterity which the habit of buying and selling them alone gives. Thebrokers of these certificates are few in number, and any other personventuring to deal with them, engages in a very unequal contest. 

i have the honor to be, with the highest respect, gentlemen, your most obedient humble servant, Th: Jefferson. 

LETTER CXXXI. --TO WILLIAM CARMICHAEL, November 4, 1785

TO WILLIAM CARMICHAEL. 

Paris, November 4, 1785. 

Dear Sir, I had the honor of writing you on the 18th of October, and again onthe 25th of the same month. Both letters, being to pass through thepost-offices, were confined to particular subjects. The first of themacknowledged the receipt of yours of September the 29th. 

At length a confidential opportunity arrives for conveying to you acipher; it will be handed you by the bearer, Mr, Lambe. Copies of it arein the hands of Mr. Adams, at London, Mr. Barclay, who is proceeding toMorocco, and Mr. Lambe, who is proceeding to Algiers. This enables usto keep up such correspondences with each other, as maybe requisite. Congress, in the spring of 1784, gave powers to Mr. Adams, Dr. Franklin, and myself, to treat with the Barbary States. But they gave us no moneyfor them, and the other duties assigned us rendered it impossible forus to proceed thither in person. These things having been represented tothem, they assigned to us a certain sum of money, and gave us powersto delegate agents to treat with those States, and to form preliminaryarticles, but confining to us the signing of them in a definitive form. They did not restrain us in the appointment of the agents; but theorders of Congress were brought to us by Mr. Lambe, they had waited forhim four months, and the recommendations he brought, pointed him out, inour opinion, as a person who would meet the approbation of Congress. Wetherefore appointed him to negotiate with the Algerines. His mannersand appearance are not promising. But he is a sensible man, and seems topossess some talents which may be proper in a matter of bargain. We havejoined with him, as secretary, a Mr. Randall, from New York, in whoseprudence we hope he will find considerable aid. They now proceed toMadrid, merely with the view of seeing you, as we are assured theywill receive from you lights which may be useful to them. I hear thatD'Expilly and the Algerine ministers have gone from Madrid. Lettersfrom Algiers, of August the 24th, inform me, that we had two vessels andtheir crews in captivity there, at that time. I have never had reason tobelieve certainly, that any others had been captured. Should Mr. Lambehave occasion to draw bills, while in Spain, on Mr. Adams, you maysafely assure the purchasers that they will be paid. 

An important matter detains Mr. Barclay some days longer, and hisjourney to Madrid will be circuitous. Perhaps he may arrive there amonth later than Lambe. It would be well if the Emperor of Moroccocould, in the mean time, know that such a person is on the road. Perhapsyou may have an opportunity of notifying this to him officially, byasking from him passports for Mr. Barclay and his suite. This wouldbe effecting too[sp. ] good purposes at once, if you can find anopportunity. 

Your letter of September the 2d did not get to my hands till thesearrangements were all taken between Mr. Adams and myself, and thepersons appointed. That gave me the first hint that you would have actedin this business. I mean no flattery when I assure you, that no personwould have better answered my wishes. At the same time, I doubt whetherMr. Adams and myself should have thought ourselves justifiable inwithdrawing a servant of the United States from a post equally importantwith those, which prevented our acting personally in the same business. I am sure, that, remaining where you are, you will be able to forwardmuch the business, and that you will do it with the zeal you havehitherto manifested on every occasion. 

Your intercourse with America being less frequent than ours, from thisplace, I will state to you, generally, such new occurrences there, as may be interesting; some of which, perhaps, you will not have beeninformed of. It was doubtful, at the date of my last letters, whetherCongress would adjourn this summer. They were too thin, however, toundertake important business. They had begun arrangements for theestablishment of a mint. The Dollar was decided on as the money unitof America. I believe, they proposed to have gold, silver, and coppercoins, descending and ascending decimally; viz. A gold coin of tendollars, a silver coin of one tenth of a dollar (equal to a Spanishbit), and a copper, of one hundredth of a dollar. These parts of theplan, however, were not ultimately decided on. They have adopted thelate improvement in the British post-office, of sending their mails bythe stages. I am told, this is done from New Hampshire to Georgia, andfrom New York to Albany. Their treasury is administered by a board, of which Mr. Walter Livingston, Mr. Osgood, and Dr. Arthur Lee, aremembers. Governor Rutledge who had been appointed minister to the Hague, on the refusal of Governor Livingston, declines coming. We areuncertain whether the States will generally come into the proposition ofinvesting. Congress with the regulation of their commerce. Massachusettshas passed an act, the first object of which seemed to be, to retaliateon the British commercial measures, but in the close of it, they imposedouble duties on all goods imported in bottoms not wholly owned bycitizens of our States. New Hampshire has followed the example. Thisis much complained of here, and will probably draw retaliating measuresfrom the States of Europe, if generally adopted in America, or notcorrected by the States which have adopted it. It must be our endeavorto keep them quiet on this side the water, under the hope that ourcountrymen will correct this step; as I trust they will do. It is noways akin to their general system. I am trying here to get contractsfor the supplying the cities of France with whale-oil, by the Bostonmerchants. It would be the greatest relief possible to that State, whose commerce is in agonies, in consequence of being subjected to alienduties on their oil in Great Britain, which has been heretofore theironly market. Can any thing be done, in this way, in Spain? Or do theythere light their streets in the night?

A fracas, which has lately happened in Boston, becoming a seriousmatter, I will give you the details of it, as transmitted to Mr. Adamsin depositions. A Captain Stanhope, commanding the frigate Mercury, was sent with a convoy of vessels from Nova Scotia to Boston, to get asupply of provisions for that colony. It had happened, that two personsliving near Boston, of the names of Dunbar and Lowthorp, had been takenprisoners during the war, and transferred from one vessel to another, till they were placed on board Stanhope's ship. He treated them mostcruelly, whipping them frequently, in order to make them do duty againsttheir country, as sailors, on board his ship. The ship going to Antiguato refit, he put all his prisoners into jail, first giving Dunbartwenty-four lashes. Peace took place, and the prisoners got homeunder the general liberation. These men were quietly pursuing theiroccupations at home, when they heard that Stanhope was in Boston. Their indignation was kindled. They immediately went there, and meetingStanhope walking in the mall, Dunbar stepped up to him, and asked himif he recollected him, and the whipping him on board his ship. Havingno weapon in his hand, he struck at Stanhope with his fist. Stanhopestepped back, and drew his sword. The people interposed, and guarded himto the door of a Mr. Morton, to which he retreated. There Dunbar againattempted to seize him; but the high-sheriff had by this time arrived, who interposed and protected him. The assailants withdrew, and hereended all appearance of force. But Captain Stanhope thought proper towrite to the Governor, which brought on the correspondence published inthe papers of Europe. Lest you should not have seen it, I enclose it, ascut from a London paper; though not perfectly exact, it is substantiallyso. You will doubtless judge, that Governor Bowdoin referred himproperly to the laws for redress, as he was obliged to do, and as wouldhave been done in England, in a like case. Had he applied to the courts, the question would have been whether they would have punished Dunbar. This must be answered now by conjecture only; and, to form thatconjecture, every man must ask himself, whether he would not have doneas Dunbar did; and whether the people should not have permitted him toreturn to Stanhope the twenty-four lashes. This affair has been statedin the London papers, without mixing with it one circumstance of truth. 

In your letter of the 27th of June, you were so good as to tell me thatyou should shortly send off some of the books I had taken the liberty toask you to get for me, and that your correspondent at Bayonne would giveme notice of their arrival there. Not having heard from him, I mentionit to you, lest they should be stopped any where. 

I am, with great respect, Dear Sir, your most obedient, humble servant, Th: Jefferson. 

LETTER CXXXII. --TO RICHARD O'BRYAN, November 4, 1785

TO RICHARD O'BRYAN. 

Paris, November 4, 1785. 

Sir, I wrote you a short letter on the 29th of September, acknowledging thereceipt of yours of August the 24th, from Algiers, and promising thatyou should hear further from me soon. Mr. Adams, the American ministerat London, and myself, have agreed to authorize the bearer hereof, Mr. Lambe, to treat for your redemption, and that of your companions takenin American vessels, and, if it can be obtained for sums withinour power, we shall have the money paid. But in this we act withoutinstruction from Congress, and are therefore obliged to take theprecaution of requiring, that you bind your owners for yourself andcrew, and the other captain, in like manner, his owners for himself andcrew, and that each person separately make himself answerable for hisown redemption, in case Congress requires it. I suppose Congress willnot require it: but we have no authority to decide that, but must leaveit to their own decision; which renders necessary the precautions I havementioned, in order to justify ourselves for undertaking to redeem youwithout orders. Mr. Lambe is instructed to make no bargain without yourapprobation, and that of the other prisoners, each for himself. We alsodirect him to relieve your present necessities. I sincerely wish youa speedy deliverance from your distresses, and a happy return to yourfamily. 

I am, Sir, your most obedient, humble servant, Th: Jefferson. 

LETTER CXXXIII. --TO W. W. SEWARD, November 12, 1785

TO W. W. SEWARD. 

Paris, November 12, 1785. 

Sir, I received the honor of your letter, of the 25th ult. , written by desireof the associated company of Irish merchants, in London, and return youthanks for the kind congratulations you express therein. The freedom ofcommerce between Ireland and America is undoubtedly very interestingto both countries. If fair play be given to the natural advantages ofIreland, she must come in for a distinguished share of that commerce. She is entitled to it, from the excellence of some of her manufactures, the cheapness of most of them, their correspondence with the Americantaste, a sameness of language, laws, and manners, a reciprocal affectionbetween the people, and the singular circumstance of her being thenearest European land to the United States. I am not, at present, sowell acquainted with the trammels of Irish commerce, as to know whatthey are, particularly, which obstruct the intercourse between Irelandand America; nor, therefore, what can be the object of a fleet stationedin the western ocean, to intercept that intercourse. Experience, however, has taught us to infer that the fact is probable, because itis impolitic. On the supposition that this interruption will take place, you suggest Ostend as a convenient entrepot for the commerce betweenAmerica and Ireland. Here, too, I find myself, on account of the sameignorance of your commercial regulations, at a loss to say why this ispreferable to L'Orient, which, you know, is a free port and in greatlatitude, which is nearer to both parties, and accessible by a lessdangerous navigation. I make no doubt, however, that the reasons of thepreference are good. You find by this essay, that I am not likely to bea very instructive correspondent: you shall find me, however, zealous inwhatever may concern the interests of the two countries. The system intowhich the United States wished to go, was that of freeing commerce fromevery shackle. A contrary conduct in Great Britain will occasion, themto adopt the contrary system, at least as to that island. I am surethey would be glad, if it should be, found practicable, to make thatdiscrimination between Great Britain and Ireland, which their commercialprinciples, and their affection for the latter, would dictate. 

I have the honor to be, with the highest respect for yourself and thecompany for whom you write, Sir, your most obedient

and most humble servant, Tm: Jefferson. 

LETTER CXXXIV. --TO THE COUNT DE VERGENNES, November 14, 1785

TO THE COUNT DE VERGENNES. 

Paris, November 14, 1785. 

Sir, I take the liberty of troubling your Excellency on behalf of sixcitizens of the United States, who have been for some time confined inthe prison of St. Pol de Léon, and of referring for particulars tothe enclosed state of their case. Some of the material facts thereinmentioned, are founded on the bill of sale for the vessel, her clearancefrom Baltimore, and her log-book. The originals of the two last, anda copy of the first, are in my hands. I have, also, letters from amerchant in Liverpool to Asquith, which render it really probable thathis vessel was bound to Liverpool. The other circumstances depend ontheir affirmation, but I must say that in these facts they have beenuniform and steady. I have thus long avoided troubling your Excellencywith this case, in hopes it would receive its decision in the ordinarycourse of law, and I relied, that that would indemnify the sufferers, if they had been used unjustly: but though they have been in closeconfinement now near three months, it has yet no appearance ofapproaching to decision. In the mean time, the cold of the winter iscoming on, and to men in their situation, may produce events whichwould render all indemnification too late. I must, therefore, pray theassistance of your Excellency, for the liberation of their persons, ifthe established order of things may possibly admit of it. As to theirproperty and their personal sufferings hitherto, I have full confidencethat the laws have provided some tribunal where justice will be donethem. I enclose the opinion of an advocate, forwarded to me by agentleman whom I had desired to obtain, from some judicious person ofthat faculty, a state of their case. This may perhaps give a better ideathan I can, of the situation of their cause. His inquiries have led himto believe they are innocent men, but that they must lose their vesselunder the edict, which forbids those under thirty tons to approach thecoast. Admitting their innocence, as he does, I should suppose them notthe objects on whom such an edict was meant to operate. The essentialpapers, which he says they re-demanded from him, and did not return, were sent to me, at my desire. I am, with sentiments of the highestrespect, your Excellency's most obedient

and most humble servant, Th: Jefferson. 

_The case of Lister Asquith, owner of the schooner William andCatharine, William M'Neil, captain, William Thomson, William Neily, Robert Anderson, mariners, and William Fowler, passenger_. 

Lister Asquith, citizen of the State of Maryland, having a lawsuitdepending in England which required his presence, as involving in itsissue nearly his whole fortune, determined to go thither in a smallschooner of his own, that he might, at the same time, take with him anadventure of tobacco and flour to Liverpool, where he had commercialconnections. This schooner he purchased as of fifty-nine and a quartertons, as appears by his bill of sale, but she had been registered byher owner at twenty-one tons, in order to evade the double duties inEngland, to which American vessels are now subject. He cleared out fromBaltimore for Liverpool, the 11th of June, 1785, with eight hogsheadsof tobacco and sixty barrels of flour, but ran aground at Smith's point, sprung a leak, and was obliged to return to Baltimore to refit. Havingstopped his leak, he took his cargo on board again, and his health beinginfirm, he engaged Captain William M'Neil* to go with him, and on the20th of June sailed for Norfolk in Virginia, and, on the 22nd, came toin Hampton road, at the mouth of the river on which Norfolk is. Learninghere, that tobacco would be better than flour for the English market, helanded fifty barrels of his flour and one hogshead of tobacco, whichhe found to be bad, meaning to take, instead thereof, nine hogsheads oftobacco more. But the same night it began to blow very hard, with muchrain. The 23d, the storm became more heavy; they let go both theiranchors, but were driven, notwithstanding, from their anchorage, forcedto put to sea and to go before the wind. The occurrences of their voyagewill be best detailed by short extracts from the log-book. 

 * This was the officer, who, on the evacuation of Fort Mifflin, after the British had passed the chevaux-de-frise on the Delaware, was left with fifteen men to destroy the works, which he did, and brought off his men successfully. He had, before that, been commander of the Rattlesnake sloop of war, and had much annoyed the British trade; Being bred a seaman, he has returned to that vocation. 

June 24. The weather becomes worse. One of the fore shrouds and theforemast, carried away. 

June 25. Shifted their ballast, which threw them on their beam ends, andshipped a very heavy sea. Held a consultation; the result of whichwas, that seeing they were now driven so far to sea, and the weathercontinuing still very bad, it was better to steer for Liverpool, theirport of destination, though they had not their cargo on board, and noother clearance but that which they took from Baltimore. 

June 29. The first observation they had been able to take N. Lat. 38°13'. 

June 30. Winds begin to be light, but the sea still very heavy. 

July 5. Light winds and a smooth sea for the first time, in lat. 43°12'. 

July 9. Spoke a French brig, Comte D'Artois, Captain Mieaux, from St. Maloes, in distress for provisions. Relieved her with three barrels offlour. 

Aug. 6. Thick weather and strong wind. Made the Land's End of England. 

Aug. 7. Unable to fetch the land, therefore bore off for Scilly, andcame to with both anchors. Drove, notwithstanding, and obliged to get upthe anchors, and put to sea, running southwardly. 

Aug. 8. Made the land of France, but did not know what part. 

Here the log-book ends. At this time they had on board but ten gallonsof water, four or five barrels of bread, two or three pounds of candles, no firewood. Their sails unfit to be trusted to any longer, and alltheir materials for mending them exhausted by the constant repairs whichthe violence of the weather had called for. They therefore took a pilotaboard, who carried them into Pont Duval; but being informed by thecaptain of a vessel there, that the schooner was too sharp built (asthe American vessels mostly are) to lie in that port, they put outimmediately, and the next morning the pilot brought them to anchorin the road of the Isle de Bas. Asquith went immediately to Roscaff, protested at the admiralty the true state of his case, and reportedhis vessel and cargo at the custom-house. In making the report of hisvessel, he stated her as of twenty-one tons, according to his register. The officer informed him that if she was no larger, she would beconfiscated by an edict, which forbids all vessels, under thirty tons, to approach the coast. He told the officer what was the real truth asto his register and his bill of sale, and was permitted to report heraccording to the latter. He paid the usual fees of ten livres andseven sols, and obtained a clearance. Notwithstanding this, he was soonvisited by other persons, whom he supposes to have been _commis_ of the_Fermes_, who seized his vessel, carried her to the pier, and confinedthe crew to the vessel and half the pier, putting centinels over them. They brought a guager, who measured only her hold and part of hersteerage, allowing nothing for the cockpit, cabin, forecastle, and aboveone half of the steerage, which is almost half the vessel, and thus madeher contents (if that had been of any importance) much below the truth. The tobacco was weighed, and found to be six thousand four hundred andeighty-seven pounds, * which was sent on the 18th to Landivisiau, and onthe 19th, they were committed to close prison at St. Pol de Léon, wherethey have been confined ever since. They had, when they first landed, some money, of which they were soon disembarrassed by different persons, who, in various forms, undertook to serve them. Unable to speak orunderstand a word of the language of the country, friendless, and leftwithout money, they have languished three months in a loathsome jail, without any other sustenance, a great part of the time, than what couldbe procured for three sous a day, which have been furnished them toprevent their perishing. 

 * A hogshead of tobacco weighs generally about one thousand pounds, English, equal to nine hundred and seventeen pounds French. The seven hogsheads he sailed with, would therefore weigh, according to this estimate, six thousand four hundred and twenty-three pounds. They actually weighed more on the first essay. When afterwards weighed at Landivisiau, they had lost eighty-four pounds on being carried into a drier air. Perhaps, too, a difference of weights may have entered into this apparent loss. 

They have been made to understand that a criminal process is going onagainst them under two heads. 1. As having sold tobacco in contraband;and 2. , as having entered a port of France in a vessel of less thanthirty tons' burthen. In support of the first charge, they understandthat the circumstance is relied on, of their having been seen off thecoast by the _employés des Fermes_, one or two days. They acknowledgethey may have been so seen while beating off Pont Duval, till they couldget a pilot, while entering that port, and again going round fromthence to the road of the Isle de Bas. The reasons for this have beenexplained. They further add, that all the time they were at Pont Duvalthey had a King's officer on board, from whom, as well as from theirpilot, and the captain, by whose advise they left that port for theIsle de Bas, information can be obtained by their accusers (who are notimprisoned) of the true motives for that measure. It is said to beurged also, that there was found in their vessel some loose tobacco ina blanket, which excites a suspicion that they had been selling tobacco. When they were stowing their loading, they broke a hogshead, as isalways necessary, and is always done, to fill up the stowage, and toconsolidate and keep the whole mass firm and in place. The loose tobaccowhich had come out of the broken hogshead, they re-packed in bags:but in the course of the distress of their disastrous voyage, theyhad employed these bags, as they had done every thing else of the samenature, in mending their sails. The condition of their sails when theycame into port will prove this, and they were seen by witnesses enough, to whom their accusers, being at their liberty, can have access. Besides, the sale of a part of their tobacco is a fact, which, had ittaken place, might have been proved; but they deny that it has beenproved, or ever can be proved by true men, because it never existed. Andthey hope the justice of this country does not permit strangers, seekingin her ports an asylum from death, to be thrown into jail and continuedthere indefinitely, on the possibility of a fact, without any proof. More especially when, as in the present case, a demonstration to thecontrary is furnished by their clearance, which shows they never hadmore than eight hogsheads of tobacco on board, of which one had been putashore at Hampton in Virginia, as has been before related, and the sevenothers remained when they first entered port. If they had been smugglersof tobacco, the opposite coast offered a much fairer field, because thegain there is as great; because they understand the language and laws ofthe country, they know its harbors and coasts, and have connectionsin them. These circumstances are so important to smugglers, that itis believed no instance has ever occurred of the contraband tobacco, attempted on this side the channel, by a crew wholly American. Be thisas it may, they are not of that description of men. 

As to the second charge, that they have entered a port of France ina vessel of less than thirty tons' burthen, they, in the first place, observe, that they saw the guager measure the vessel, and affirm thathis method of measuring could render little more than half her truecontents: but they say, further, that were she below the size of thirtytons, and, when entering the port, had they known of the alternative ofeither forfeiting their vessel and cargo, or of perishing at sea; theymust still have entered the port: the loss of their vessel and cargobeing the lesser evil. But the character of the lawgiver assuresthem, that the intention of his laws are perverted, when misapplied topersons, who, under their circumstances, take refuge in his ports. Theyhave no occasion to recur from his clemency to his justice, by claimingthe benefit of that article in the treaty which binds the two nationstogether, and which assures to the fugitives of either from the dangersof the sea, a hospitable reception and necessary aids in the ports ofthe other, and that, without measuring the size of their vessel. 

Upon the whole, they protest themselves to have been as innocent as theyhave been unfortunate. Instead of relief in a friendly port, they haveseen their misfortunes aggravated by the conduct of officers, who, intheir greediness for gain, can see in no circumstance any thing butproofs of guilt. They have already long suffered and are still sufferingwhatever scanty sustenance, an inclement season, and close confinementcan offer most distressing to men who have been used to neither, and whohave wives and children at home participating of their distresses; theyare utterly ignorant of the laws and language of the country, wherethey are suffering; they are deprived of that property which would haveenabled them to procure counsel to place their injuries in a true light;they are distant from the stations of those who are appointed by theircountry to patronize their rights; they are not at liberty to goto them, nor able to have communication through any other than theuncertain medium of the posts; and they see themselves already ruined bythe losses and delays they have been made to incur, and by thefailure of the original object of their voyage. They throw themselves, therefore, on the patronage of the government, and pray that its energymay be interposed in aid of their poverty and ignorance, to restore themto their liberty, and to extend to them that retribution which the lawsof every country mean to extend to those who suffer unjustly. 

LETTER CXXXV. --TO JOHN ADAMS, November 19, 1785

TO JOHN ADAMS. 

Paris, November 19, 1785. 

Dear Sir, I wrote to you on the 11th of October, by Mr. Preston, and again onthe 18th of the same month, by post. Since that, yours of Septemberthe 25th, by Mr. Boylston, of October the 24th, November the 1st, andNovember the 4th, have come safe to hand. I will take up their severalsubjects in order. Boylston's object was, first, to dispose of a cargoof spermaceti oil, which he brought to Havre. A secondary one, was toobtain a contract for future supplies. I carried him to the Marquisde la Fayette. As to his first object, we are in hopes of getting theduties taken off, which will enable him to sell his cargo. This has ledto discussions with the ministers, which give us a hope that we may getthe duties taken off in perpetuum. This done, a most abundant market forour oil will be opened by this country, and one which will be absolutelydependant on us; for they have little expectation themselves ofestablishing a successful whale-fishery. It is possible they mayonly take the duties off of those oils, which shall be the produceof associated companies of French and American merchants. But as yet, nothing certain can be said. 

I thank you for the trouble you have taken to obtain insurance onHoudon's life. I place the thirty-two pounds and eleven shillings toyour credit, and not being able, as yet, to determine precisely how ouraccounts stand, I send a sum by Colonel Smith, which may draw the scalestowards a balance. 

The determination of the British cabinet to make no equal treaty withus, confirms me in the opinion expressed in your letter of October the24th, that the United States must pass a navigation act againstGreat Britain, and load her manufactures with duties, so as to give apreference to those of other countries: and I hope our Assemblies willwait no longer, but transfer such a power to Congress, at the sessionsof this fall. I suppose, however, it will only be against Great Britain, and I think it will be right not to involve other nations in theconsequences of her injustice. I take for granted, that the commercialsystem wished for by Congress, was such a one, as should leave commerceon the freest footing possible. This was the plan on which we preparedour general draught for treating with all nations. Of those with whom wewere to treat, I ever considered England, France, Spain, and Portugalas capitally important; the first two, on account of their Americanpossessions, the last, for their European as well as American. Spainis treating in America, and probably will give an advantageous treaty. Portugal shows dispositions to do the same. France does not treat. It islikely enough she will choose to keep the staff in her own hands. But, in the mean time, she gives us an access to her West Indies, which, though not all we wish, is yet extremely valuable to us: this access, indeed, is much affected by the late _Arrêts_ of the 18th and 25th ofSeptember, which I enclose to you. I consider these as a reprisal forthe navigation acts of Massachusetts and New Hampshire. The ministerhas complained to me, officially, of these acts, as a departure from thereciprocity stipulated for by the treaty. I have assured him that hiscomplaints shall be communicated to Congress, and in the mean time, observed that the example of discriminating between foreigners andnatives had been set by the _Arrêt_ of August, 1784, and still moreremarkably by those of September the 18th and 25th, which, in effect, are a prohibition of our fish in their islands. However, it is betterfor us, that both sides should revise what they have done. I am in hopesthis country did not mean these as permanent regulations. Mr. Bingham, lately from Holland, tells me that the Dutch are much dissatisfied withthese acts. In fact, I expect the European nations, in general, willrise up against an attempt of this kind, and wage a general commercialwar against us. They can do well without all our commodities excepttobacco, and we cannot find, elsewhere, markets for them. Theselfishness of England alone will not justify our hazarding a contest ofthis kind against all Europe. Spain, Portugal, and France, have not yetshut their doors against us: it will be time enough, when they do, totake up the commercial hatchet. I hope, therefore, those States willrepeal their navigation clauses, except as against Great Britain andother nations not treating with us. 

I have made the inquiries you desire, as to American ship-timber forthis country. You know they sent some person (whose name was not toldus) to America, to examine the quality of our masts, spars, &c. I thinkthis was young Chaumont's business. They have, besides this, instructedthe officer who superintends their supplies of masts, spars, foe. , toprocure good quantities from our northern States; but I think they havemade no contract: on the contrary, that they await the trials projected, but with a determination to look to us for considerable supplies, ifthey find our timber answer. They have on the carpet a contract forlive-oak from the southern States. 

You ask why the Virginia merchants do not learn to sort their owntobaccos? They can sort them as well as any other merchants whatever. Nothing is better known than the quality of every hogshead of tobacco, from the place of its growth. They know, too, the particular qualitiesrequired in every market. They do not send their tobaccos, therefore, toLondon to be sorted, but to pay their debts: and though they could sendthem to other markets and remit the money to London, yet they find itnecessary to give their English merchant the benefit of the consignmentof the tobacco (which is enormously gainful), in order to induce him tocontinue his indulgence for the balance due. 

Is it impossible to persuade our countrymen to make peace with the NovaScotians? I am persuaded nothing is wanting but advances on our part;and that it is in our power to draw off the greatest proportion of thatsettlement, and thus to free ourselves from rivals who may become ofconsequence. We are, at present, co-operating with Great Britain, whosepolicy it is to give aliment to that bitter enmity between her Statesand ours, which may secure her against their ever joining us. But wouldnot the existence of a cordial friendship between us and them, be thebest bridle we could possibly put into the mouth of England?

With respect to the Danish business, you will observe that theinstructions of Congress, article 3, of October the 29th, 1783, put itentirely into the hands of the _Ministers Plenipotentiary of the UnitedStates of America at the court of Versailles, empower to to negotiatea peace, or to any one or more of them_. At that time, I did not comeunder this description. I had received the permission of Congress todecline coming, in the spring preceding that date. On the first dayof November, 1783, that is to say, two days after the date of theinstructions to the commissioners, Congress recommended John Paul Jonesto the Minister Plenipotentiary of the United States, at Versailles, asagent, to solicit, under his direction, the payment of all prizes takenin Europe under his command. But the object under their view, at thattime, was assuredly the money due from the court of Versailles, for theprizes taken in the expedition by the Bon-homme Richard, the Alliance, &c. In this business, I have aided him effectually, having obtaineda definitive order for paying the money to him, and a considerableproportion being actually paid him. But they could not mean by theirresolution of November the 1st, to take from the commissioners, powerswhich they had given them two days before. If there could remain a doubtthat this whole power has resulted to you, it would be cleared up by theinstructions of May the 7th, 1784, article 9, which declare, 'that theseinstructions be considered as supplementary to those of October the29th, 1783, and not as revoking, except where they contradict them;'which shows that they considered the instructions of October the 29th, 1783, as still in full force. I do not give you the trouble of thisdiscussion, to save myself the trouble of the negotiation. I shouldhave no objections to this part: but it is to avoid the impropriety ofmeddling in a matter wherein I am unauthorized to act, and where anything I should pretend to conclude with the court of Denmark, mighthave the appearance of a deception on them. Should it be in my power torender any service in it, I shall do it with cheerfulness; but I repeat, that I think you are the only person authorized. 

I received, a few days ago, the _Nuova Minuta_ of Tuscany, which ColonelHumphreys will deliver you. I have been so engaged that I have not beenable to go over it with any attention. I observe, in general, that theorder of the articles is entirely deranged, and their diction almosttotally changed. When you shall have examined it, if you will be so goodas to send me your observations by post, in cipher, I will communicatewith you in the same way, and try to mature this matter. 

The deaths of the Dukes of Orleans and Praslin, will probably reach youthrough the channel of the public papers, before this letter does. Yourfriends the Abbes are well, and always speak of you with affection. Colonel Humphreys comes to pass some time in London. My curiositywould render a short trip thither agreeable to me also, but I see noprobability of taking it. I will trouble you with my respects to Dr. Price. Those to Mrs. Adams, I witness in a letter to herself. 

I am, with very great esteem, Dear Sir, your most obedient

and most humble servant, Th: Jefferson. 

LETTER CXXXVI. --TO THE COUNT DE VERGENNES, November 20, 1785

TO THE COUNT DE VERGENNES. 

Paris, November 20, 1785. 

Sir, I found here, on my return from Fontainebleau, the letter of October the30th, which your Excellency did me the honor there of informing me hadbeen addressed to me at this place; and I shall avail myself of thefirst occasion of transmitting it to Congress, who will receive, withgreat pleasure; these new assurances of the friendly sentiments, whichhis Majesty is pleased to continue towards the United States. 

I am equally persuaded they will pay the most serious attention to thatpart of your Excellency's letter, which mentions the information youhave received of certain acts or regulations of navigation and commerce, passed in some of the United States, which are injurious to thecommerce of France. In the mean time, I wish to remove the unfavorableimpressions which those acts seem to have made, as if they were adeparture from the reciprocity of conduct, stipulated for by the treatyof February the 6th, 1776. The effect of that treaty is, to place eachparty with the other, always on the footing of the most favored nation. But those who framed the acts, probably did not consider the treaty asrestraining either from discriminating between foreigners and natives. Yet this is the sole effect of these acts. The same opinion, as tothe meaning of the treaty, seems to have been entertained by thisgovernment, both before and since the date of these acts. For the_Arrêt_ of the King's Council, of August the 30th, 1784, furnishedan example of such a discrimination between foreigners and natives, importing salted fish into his Majesty's dominions in the West Indies;by laying a duty on that imported, by foreigners, and giving out thesame, in bounty, to native importers. This opinion shows itself moreremarkably in the late _Arrêts_ of the 18th and 25th of September, which, increasing to excess the duty on foreign importations of fishinto the West Indies, giving the double, in bounty, on those ofnatives, and thereby rendering it impossible for the former to sell incompetition with the latter, have, in effect, prohibited the importationof that article by the citizens of the United States. 

Both nations, perhaps, may come into the opinion, that their friendshipand their interests may be better cemented, by approaching the conditionof their citizens, reciprocally, to that of natives, as a better groundof intercourse than that of the most favored nation. I shall rest withhopes of being authorized, in due time, to inform your Excellency thatnothing will be wanting, on our part, to evince a disposition to concurin revising whatever regulations may, on either side, bear hard onthe commerce of the other nation. In the mean time I have the honor toassure you of the profound respect and esteem, with which

I have the honor to be, your Excellency's

most obedient and most humble servant, Th: Jefferson. 

LETTER CXXXVII. --TO LISTER ASQUITH, November 23, 1785

TO LISTER ASQUITH. 

Paris, November 23, 1785. 

Sir, I have received your letter of the 14th instant. It was not till the 8thof this month, that I could obtain information from any quarter, ofthe particular court in which your prosecution was instituted, and theground on which it was founded. I then received it through the hands ofMonsieur Desbordes, at Brest. I have sent to the Count de Vergennesa statement of your case, of which the enclosed is a copy. I wish youwould read it over, and if there be any fact stated in it, which iswrong, let me know it, that I may have it corrected. I at the same timewrote him an urgent letter in your behalf. I have daily expected ananswer, which has occasioned my deferring writing to you. The moment Ireceive one, you may be assured of my communicating it to you. My hopesare, that I may obtain from the King a discharge of the persons of allof you: but, probably, your vessel and cargo must go through a process. I have sincerely sympathized with your misfortunes, and have taken everystep in my power to get into the right line for obtaining relief. If itwill add any comfort to your situation and that of your companions, tobe assured that I never lose sight of your sufferings, and leave nothingundone to extricate you, you have that assurance. I am, Sir, your very humble servant, Th: Jefferson. 

LETTER CXXXVIII. --TO JOHN ADAMS, November 27, 1785

TO JOHN ADAMS. 

Paris, November 27, 1785. 

Dear Sir, Your favor of the 5th came to hand yesterday, and Colonel Smith andColonel Humphreys (by whom you will receive one of the 19th from me)being to set out to-morrow, I hasten to answer it. I sincerely rejoicethat Portugal is stepping forward in the business of treaty, and thatthere is a probability that we may at length do something under ourcommissions, which may produce a solid benefit to our constituents. I asmuch rejoice, that it is not to be negotiated through the medium of thetorpid, uninformed machine, at first made use of. I conjecture, fromyour relation of the conference with the Chevalier de Pinto, that heis well informed and sensible. So much the better. It is one of thosecases, where the better the interests of the two parties are understood, the broader will be the basis on which they will connect them. 

To the very judicious observations on the subjects of the conference, which were made by you, I have little to add. 

Flour. It may be observed, that we can sell them the flour readymanufactured, for much less than the wheat of which it is made. Incarrying to them wheat, we carry also the bran, which does not pay itsown freight. In attempting to save and transport wheat to them, much islost by the weavil, and much spoiled by heat in the hold of the vessel. This loss must be laid on the wheat which gets safe to market, whereit is paid for by the consumer. Now, this is much more than the cost ofmanufacturing it with us, which would prevent that loss. I suppose thecost of manufacturing does not exceed seven per cent, on the value. Butthe loss by the weavil, and other damage on ship-board, amount to muchmore. Let them buy of us as much wheat as will make a hundred weight offlour. They will find that they have paid more for the wheat, than weshould have asked for the flour, besides having lost the labor of theirmills in grinding it. The obliging us, therefore, to carry it to them inthe form of wheat, is a useless loss to both parties. 

Iron. They will get none from us. We cannot make it in competition withSweden, or any other nation of Europe, where labor is so much cheaper. 

Wines. The strength of the wines of Portugal will give them always analmost exclusive possession of a country, where the summers are sohot as in America. The present demand will be very great, if they willenable us to pay for them; but if they consider the extent and rapidpopulation of the United States, they must see that the time is notdistant, when they will not be able to make enough for us, and that itis of great importance to avail themselves of the prejudices alreadyestablished in favor of their wines, and to continue them, byfacilitating the purchase. Let them do this, and they need not care forthe decline of their use in England. They will be independent of thatcountry. 

Salt. I do not know where the northern States supplied themselves withsalt, but the southern ones took great quantities from Portugal. 

Cotton and Wool. The southern States will take manufactures, of both:the northern, will take both the manufactures and raw materials. 

East India goods of every kind. Philadelphia and New York have begun atrade to the East Indies. Perhaps Boston may follow their example. Buttheir importations will be sold only to the country adjacent to them. For a long time to come, the States south of the Delaware, will notengage in a direct commerce with the East Indies. They neither have norwill have ships or seamen for their other commerce: nor will they buyEast India goods of the northern States. Experience shows that theStates never bought foreign goods of one another. The reasons are, thatthey would, in so doing, pay double freight and charges; and again, that they would have to pay mostly in cash, what they could obtain forcommodities in Europe. I know that the American merchants have looked, with some anxiety, to the arrangements to be taken with Portugual, inexpectation that they could, through her, get their East India articleson better and more convenient terms; and I am of opinion, Portugal willcome in for a good share of this traffic with the southern States, ifthey facilitate our payments. 

Coffee. Can they not furnish us with this article from Brazil?

Sugar. The Brazil sugars are esteemed, with us, more than any other. 

Chocolate. This article, when ready made, as also the cocoa, becomesso soon rancid, and the difficulties of getting it fresh, have beenso great in America, that its use has spread but little. The way toincrease its consumption would be, to permit it to be brought to usimmediately from the country of its growth. By getting it good inquality, and cheap in price, the superiority of the article, both forhealth and nourishment, will soon give it the same preference over teaand coffee in America, which it has in Spain, where they can get it by asingle voyage, and, of course, while it is sweet. The use of the sugars, coffee, and cotton of Brazil, would also be much extended by a similarindulgence. 

Ginger and spices from the Brazils, if they had the advantage of adirect transportation, might take place of the same articles from theEast Indies. 

Ginseng. We can furnish them with enough to supply their whole demandfor the East Indies. 

They should be prepared to expect, that in the beginning of thiscommerce, more money will be taken by us than after a while. The reasonsare, that our heavy debt to Great Britain must be paid, before weshall be masters of our own returns; and again, that habits of usingparticular things are produced only by time and practice. 

That as little time as possible may be lost in this negotiation, I willcommunicate to you at once, my sentiments as to the alterations in thedraught sent them, which will probably be proposed by them, or whichought to be proposed by us, noting only those articles. 

Article 3. They will probably restrain us to their dominions in Europe. We must expressly include the Azores, Madeiras, and Cape de VerdeIslands, some of which are deemed to be in Africa. We should alsocontend for an access to their possessions in America, according to thegradation in the 2nd article of our instructions, of May the 7th, 1784. But if we can obtain it in no one of these forms, I am of opinion weshould give it up. 

Article 4. This should be put into the form we gave it, in the draughtsent you by Dr. Franklin and myself, for Great Britain. I think we hadnot reformed this article, when we sent our draught to Portugal. Youknow, the Confederation renders the reformation absolutely necessary; acircumstance which had escaped us at first. 

Article 9. Add, from the British draught, the clause about wrecks. 

Article 13. The passage 'nevertheless, ' &c. To run as in the Britishdraught. 

Article 18. After the word 'accident, ' insert 'or wanting supplies ofprovisions or other refreshments. ' And again, instead of 'take refuge, 'insert 'come, ' and after 'of the other, ' insert 'in any part of theworld. ' The object of this is to obtain leave for our whaling vesselsto refit and refresh on the coast of the Brazils; an object of immenseimportance to that class of our vessels. We must acquiesce undersuch modifications as they may think necessary for regulating thisindulgence, in hopes to lessen them in time, and to get a pied a terrein that country. 

Article 19. Can we get this extended to the Brazils? It would beprecious in case of war with Spain. 

Article 23. Between 'places' and 'whose, ' insert 'and in general, allothers, ' as in the British draught. 

Article 24. For 'necessaries, ' substitute 'comforts. '

Article 25. Add 'but if any such consuls shall exercise commerce, ' &c. As in the British draught. 

We should give to Congress as early notice as possible, of there-institution of this negotiation; because, in a letter by a gentlemanwho sailed from Havre, the 10th instant, I communicated to them theanswer of the Portuguese minister, through the ambassador here, whichI sent to you. They may, in consequence, be making other arrangements, which might do injury. The little time which now remains, of thecontinuance of our commissions, should also be used with the Chevalierde Pinto, to hasten the movements of his court. 

But all these preparations for trade with Portugal will fail in theireffect, unless the depredations of the Algerines can be prevented. I amfar from confiding in the measures taken for this purpose. Very possiblywar must be recurred to. Portugal is at war with them. Suppose theChevalier de Pinto was to be sounded on the subject of an union offorce, and even a stipulation for contributing each a certain force, to be kept in constant cruise. Such a league once begun, other nationswould drop into it, one by one. If he should seem to approve it, itmight then be suggested to Congress, who, if they should be forced totry the measure of war, would doubtless be glad of such an ally. As thePortuguese negotiation should be hastened, I suppose our communicationsmust often be trusted to the post, availing ourselves of the cover ofour cipher. 

I am, with sincere esteem, Dear Sir, your friend and servant, Th: Jefferson. 

LETTER CXXXIX. --TO COLONEL HUMPHREYS, December 4, 1785

TO COLONEL HUMPHREYS. 

Paris, December 4, 1785. 

Dear Sir, I enclose you a letter from Gatteaux, observing that there will bean anachronism, if, in making a medal to commemorate the victory ofSaratoga, he puts on General Gates the insignia of the Cincinnati, whichdid not exist at that date. I wrote him, in answer, that I thought sotoo, but that you had the direction of the business; that you were nowin London; that I would write to you, and probably should have an answerwithin a fortnight; and that, in the mean time, he could be employed onother parts of the die. I supposed you might not have observed on theprint of General Gates, the insignia of the Cincinnati, or did not meanthat that particular should be copied. Another reason against it strikesme. Congress have studiously avoided giving to the public their sense ofthis institution. Should medals be prepared, to be presented from themto certain officers, and bearing on them the insignia of the order, asthe presenting them would involve an approbation of the institution, aprevious question would be forced on them, whether they would presentthese medals. I am of opinion it would be very disagreeable to them tobe placed under the necessity of making this declaration. Be so good asto let me know your wishes on this subject by the first post. 

Mr. Short has been sick ever since you left us. Nothing new has occurredhere, since your departure. I imagine you have American news. If so, pray give us some. Present me affectionately to Mr. Adams and theladies, and to Colonel Smith; and be assured of the esteem with which Iam, Dear Sir, your friend and servant, Th: Jefferson. 

LETTER CXL. --TO JOHN ADAMS, December 10, 1785

TO JOHN ADAMS, Paris, December 10, 1785. 

Dear Sir, On the arrival of Mr. Boylston, I carried him to the Marquis de laFayette, who received from him communications of his object. This was toget a remission of the duties on his cargo of oil, and he was willing topropose a future contract. I suggested however to the Marquis, whenwe were alone, that instead of wasting our efforts on individualapplications, we had better take up the subject on general ground, andwhatever could be obtained, let it be common to all. He concurred withme. As the jealousy of office between ministers does not permit me toapply immediately to the one in whose department this was, the Marquis'sagency was used. The result was to put us on the footing of theHanseatic towns, as to whale-oil, and to reduce the duties to elevenlivres and five sols for five hundred and twenty pounds French, which isvery nearly two livres on the English hundred weight, or about a guineaand a half the ton. But the oil must be brought in American or Frenchships, and the indulgence is limited to one year. However, as to this, Iexpressed to Count de Vergennes my hopes that it would be continued; andshould a doubt arise, I should propose, at the proper time, to claimit under the treaty on the footing _gentis amicissimæ_. After all, Ibelieve Mr. Boylston has failed of selling to Sangrain, and from what Ilearn, through a little too much hastiness of temper. Perhaps they mayyet come together, or he may sell to somebody else. 

When the general matter was thus arranged, a Mr. Barrett arrived herefrom Boston, with letters of recommendation from Governor Bowdoin, Gushing, and others. His errand was to get the whale business hereput on a general bottom, instead of the particular one which had beensettled, you know, the last year, for a special company. We told himwhat was done. He thinks it will answer, and proposes to settle atL'Orient for conducting the sales of the oil and the returns. I hope, therefore, that this matter is tolerably well fixed, as far as theconsumption of this country goes. I know not as yet to what amount thatis; but shall endeavor to find out how much they consume, and how muchthey furnish themselves. I propose to Mr. Barrett, that he should induceeither his State, or individuals, to send a sufficient number of boxesof the spermaceti candle to give one to every leading house in Paris;I mean to those who lead the ton: and at the same time to deposite aquantity for sale here, and advertise them in the _petites affiches_. I have written to Mr. Carmichael to know on what footing the use andintroduction of the whale-oil is there, or can be placed. 

I have the honor to be, with very sincere esteem, Dear Sir, your most obedient, humble servant, Th: Jefferson. 

LETTER CXLI. --TO JOHN ADAMS, December 11, 1785

TO JOHN ADAMS. 

Paris, December 11, 1785. 

Dear Sir, Baron Polnitz not going off till to-day enables me to add someinformation which I received from Mr. Barclay this morning. You knowthe immense amount of Beaumarchais' accounts with the United States, and that Mr. Barclay was authorized to settle them. Beaumarchais hadpertinaciously insisted on settling them with Congress. Probably hereceived from them a denial: for just as Mr. Barclay was about toset out on the journey we destined him, Beaumarchais tendered him asettlement. It was thought best not to refuse this, and that it wouldproduce a very short delay. However, it becomes long, and Mr. Barclaythinks it will occupy him all this month. The importance of the account, and a belief that nobody can settle it so well as Mr. Barclay, who isintimately acquainted with most of the articles, induce me to think wemust yield to this delay. Be so good as to give me your opinion on thissubject. 

I have the honor to be, with very great esteem, Dear Sir, your most obedient

and most humble servant, Th: Jefferson. 

LETTER CXLII. --TO THE COUNT DE VERGENNES, December 21, 1785

TO THE COUNT DE VERGENNES. 

Paris, December 21, 1785. 

Sir, I have received this moment a letter, of which I have the honor toenclose your Excellency a copy. It is on the case of Asquith and others, citizens of the United States, in whose behalf I had taken the libertyof asking your interference. I understand by this letter, that they havebeen condemned to lose their vessel and cargo, and to pay six thousandlivres and the costs of the prosecution before the 25th instant, orto go to the galleys. This payment being palpably impossible to menin their situation, and the execution of the judgment pressing, I amobliged to trouble your Excellency again, by praying, if the governmentcan admit any mitigation of their sentence, it may be extended to themin time to save their persons from its effect. 

I have the honor to be, with very great respect, your Excellency's mostobedient

and most humble servant, Th: Jefferson. 

LETTER CXLIII. --TO THE GOVERNOR OF GEORGIA, December 22, 1785

TO THE GOVERNOR OF GEORGIA. 

Paris, December 22, 1785. 

Sir, The death of the late General Oglethorpe, who had considerablepossessions in Georgia, has given rise, as we understand, to questionswhether these possessions have become the property of the State, or havebeen transferred by his will to his widow, or descended on the nearestheir capable in law of taking them. In the latter case, the Chevalier deMezieres, a subject of France, stands foremost, as being made capableof the inheritance by the treaty between this country and the UnitedStates. Under the regal government, it was the practice with us, whenlands passed to the crown by escheat or forfeiture, to grant them tosuch relation of the party as stood on the fairest ground. This was evena chartered right in some of the States. The practice has been continuedamong them, as deeming that the late Revolution should in no instanceabridge the rights of the people. Should this have been the practicein the State of Georgia, or should they in any instance think properto admit it, I am persuaded none will arise in which it will bemore expedient to do it, than in the present, and that no person'sexpectations should be fairer than those of the Chevalier de Mezieres. He is the nephew of General Oglethorpe, he is of singular personalmerit, an officer of rank, of high connections, and patronized bythe ministers. His case has drawn their attention, and seems to beconsidered as protected by the treaty of alliance, and as presenting atrial of our regard to that. Should these lands be considered as havingpassed to the State, I take the liberty of recommending him to thelegislature of Georgia, as worthy of their generosity, and as presentingan opportunity of proving the favorable dispositions which existthroughout America towards the subjects of this country, and anopportunity too, which will probably be known and noted here. 

In the several views, therefore, of personal merit, justice, generosityand policy, I presume to recommend the Chevalier de Mezieres, and hisinterests, to the notice and patronage of your Excellency, whom thechoice of your country has sufficiently marked as possessing thedispositions, while it has at the same time given you the power, tobefriend just claims. The Chevalier de Mezieres will pass over toGeorgia in the ensuing spring; but should he find an opportunity, hewill probably forward this letter sooner. I have the honor to be, withsentiments of the most profound respect, your Excellency's most obedient

and most humble servant, Th: Jefferson. 

LETTER CXLIV. --TO THE GEORGIA DELEGATES IN CONGRESS, Dec. 22, 1785

TO THE GEORGIA DELEGATES IN CONGRESS. 

Paris, December 22, 1785. 

Gentlemen, By my despatch to Mr. Jay which accompanies this, you will perceivethat the claims of the Chevalier de Mezieres, nephew to the late GeneralOglethorpe, to his possessions within your State, have attracted theattention of the ministry here; and that considering them as protectedby their treaty with us, they have viewed as derogatory of that, thedoubts which have been expressed on the subject. I have thought it bestto present to them those claims in the least favorable point of view, to lessen as much as possible the ill effects of a disappointment: butI think it my duty to ask your notice and patronage of this case, asone whose decision will have an effect on the general interests of theUnion. 

The Chevalier de Mezieres is nephew to General Oglethorpe; he is aperson of great estimation, powerfully related and protected. Hisinterests are espoused by those whom it is our interest to gratify. Iwill take the liberty, therefore, of soliciting your recommendations ofhim to the generosity of your legislature, and to the patronage and goodoffices of your friends, whose efforts, though in a private case, willdo a public good. The pecuniary advantages of confiscation, in thisinstance, cannot compensate its ill effects. It is difficult to makeforeigners understand those legal distinctions between the effects offorfeiture of escheat, and of conveyance, on which the professors ofthe law might build their opinions in this case. They can see only theoutlines of the case; to wit, the death of a possessor of lands lyingwithin the United States, leaving an heir in France, and the Stateclaiming those lands in opposition to the heir. An individual thinkinghimself injured makes more noise than a State. Perhaps too, in everycase which either party to a treaty thinks to be within its provisions, it is better not to weigh the syllables and letters of the treaty, butto show that gratitude and affection render that appeal unnecessary. Itake the freedom, therefore, of submitting to your wisdom the motiveswhich present themselves in favor of a grant to the Chevalier deMezieres, and the expediency of urging them on your State as far as youmay think proper. 

I have the honor to be, with sentiments of the highest respect, Gentlemen, your most obedient

and most humble servant, Th: Jefferson. 

LETTER CXLV. --TO JOHN ADAMS, December 27, 1785

TO JOHN ADAMS. 

Paris, December 27, 1785. 

Dear Sir, Your favors of the 13th and 20th were put into my hands today. This willbe delivered to you by Mr. Dalrymple, secretary to the legation of Mr. Crawford. I do not know whether you were acquainted with him here. Heis a young man of learning and candor, and exhibits a phenomenon I neverbefore met with, that is, a republican born on the north side of theTweed. 

You have been consulted in the case of the Chevalier de Mezieres, nephewto General Oglethorpe, and are understood to have given an opinionderogatory of our treaty with France. I was also consulted, andunderstood in the same way. I was of opinion the Chevalier had no rightto the estate, and as he had determined the treaty gave him a right, Isuppose he made the inference for me, that the treaty was of no weight. The Count de Vergennes mentioned it to me in such a manner, that Ifound it was necessary to explain the case to him, and show him thatthe treaty had nothing to do with it. I enclose you a copy of theexplanation I delivered him. 

Mr. Boylston sold his cargo to an agent of Monsieur Sangrain. He got forit fifty-five livres the hundred weight. I do not think that his beingjoined to a company here would contribute to its success. His capital isnot wanting. Le Conteux has agreed that the merchants of Boston, sendingwhale-oil here, may draw-on him for a certain proportion of money, onlygiving such a time in their drafts, as will admit the actual arrival ofthe oil into a port of France for his security. Upon these drafts, Mr. Barrett is satisfied they will be able to raise money to make theirpurchases in America. The duty is seven livres and ten sols on thebarrel of five hundred and twenty pounds French, and ten sous onevery livre, which raises it to eleven livres and five sols, the sum Imentioned to you. France uses between five and six millions of pounds'weight French, which is between three and four thousand tons English. Their own fisheries do not furnish one million, and there is noprobability of their improving. Sangrain purchases himself upwards ofa million. He tells me our oil is better than the Dutch or English, because we make it fresh; whereas they cut up the whale, and bring ithome to be made, so that it is by that time entered into fermentation. Mr. Barrett says, that fifty livres the hundred weight will pay theprime cost and duties, and leave a profit of sixteen per cent, to themerchant. I hope that England will, within a year or two, be obliged tocome here to buy whale-oil for her lamps. 

I like as little as you do, to have the gift of appointments. I hopeCongress will not transfer the appointment of their consuls to theirministers. But if they do, Portugal is more naturally under thesuperintendence of the minister at Madrid, and still more naturallyunder that of the minister at Lisbon, where it is clear they ought tohave one. If all my hopes fail, the letters of Governor Bowdoin andGushing, in favor of young Mr. Warren, and your more detailed testimonyin his behalf, are not likely to be opposed by evidence of equal weight, in favor of any other. I think with you, too, that it is for the publicinterest to encourage sacrifices and services, by rewarding them, andthat they should weigh to a certain point, in the decision betweencandidates. 

I am sorry for the illness of the Chevalier Pinto. I think that treatyimportant: and the moment to urge it, is that of a treaty between Franceand England. 

Lambe, who left this place the 6th of November, was at Madrid the 10thof this month. Since his departure, Mr. Barclay has discovered that nocopies of the full powers were furnished to himself, nor of course toLambe. Colonel Franks has prepared copies, which I will endeavor to get, to send by this conveyance for your attestation: which you will be sogood as to send back by the first safe conveyance, and I will forwardthem. Mr. Barclay and Colonel Franks being at this moment at St. Germain, I am not sure of getting the papers in time to go by Mr. Dalrymple. In that case, I will send them by Mr. Bingham. 

Be so good as to present me affectionately to Mrs. And Miss Adams, toColonels Smith and Humphreys, and accept assurances of the esteem withwhich I am, Dear Sir, your friend and servant, Th: Jefferson. 

LETTER CXLVI. --TO JOHN JAY, January 2, 1786

TO JOHN JAY. 

Sir, Paris, January 2, 1786

Several conferences and letters having passed between the Count deVergennes and myself, on the subject of the commerce of this countrywith the United States, I think them sufficiently interesting to becommunicated to Congress. They are stated in the form of a report, and are herein enclosed. The length of this despatch, perhaps, needsapology. Yet I have not been able to abridge it, without omittingcircumstances which I thought Congress would rather choose to know. Some of the objects of these conferences present but small hopes for thepresent, but they seem to admit a possibility of success at some futuremoment. 

*****

I am, Sir, your most obedient

and most humble servant, Th: Jefferson. 

 [The following is an extract from the report referred to in the preceding letter, embracing every thing interesting therein, not communicated to the reader in the previous correspondence. ]

*****

The next levee day at Versailles, I meant to bring again under theview of the Count de Vergennes, the whole subject of our commerce withFrance; but the number of audiences of ambassadors and other ministers, which take place, of course, before mine, and which seldom, indeed, leave me an opportunity of audience at all, prevented me that day. I wasonly able to ask of the Count de Vergennes, as a particular favor, thathe would permit me to wait on him some day that week. He did so, and Iwent to Versailles the Friday following, (the 9th of December. ) M. De Reyneval was with the Count. Our conversation began with the usualtopic; that the trade of the United States had not yet learned the wayto France, but continued to centre in England, though no longer obligedby law to go there. I observed, that the real cause of this was tobe found in the difference of the commercial arrangements in the twocountries; that merchants would not, and could not, trade but wherethere was to be some gain; that the commerce between two countries couldnot be kept up, but by an exchange of commodities; that, if an Americanmerchant was forced to carry his produce to London, it could not beexpected he would make a voyage from thence to France, with the money, to lay it out here; and, in like manner, that if he could bring hiscommodities with advantage to this country, he would not make anothervoyage to England, with the money, to lay it out there, but would takein exchange the merchandise of this country. The Count de Vergennesagreed to this, and particularly, that where there was no exchange ofmerchandise, there could be no durable commerce; and that it was naturalfor merchants to take their returns in the port where they sold theircargo. I desired his permission then, to take a summary view of theproductions of the United States, that we might see which of them couldbe brought here to advantage. 

1. Rice. France gets from the Mediterranean a rice not so good indeed, but cheaper than ours. He said that they bought of our rice, but thatthey got from Egypt, also, rice of a very fine quality. I observed thatsuch was the actual state of their commerce in that article, thatthey take little from us. 2. Indigo. They make a plenty in their owncolonies. He observed that they did, and that they thought it betterthan ours. 3. Flour, fish, and provisions of all sorts, they produce forthemselves. That these articles might, therefore, be considered as notexisting, for commerce, between the United States and the kingdom ofFrance. 

I proceeded to those capable of becoming objects of exchange betweenthe two nations. 1. Peltry and furs. Our posts being in the hands of theEnglish, we are cut off from that article. I am not sure even, whetherwe are not obliged to buy of them, for our own use. When these postsare given up, if ever they are, we shall be able to furnish France withskins and furs, to the amount of two millions of livres, in exchange forher merchandise: but, at present, these articles are to be counted asnothing. 2. Potash. An experiment is making whether this can be broughthere. We hope it may, but at present it stands for nothing. He observedthat it was much wanted in France, and he thought it would succeed. 3. Naval stores. Trials are also making on these, as subjects of commercewith France. They are heavy, and the voyage long. The result, therefore, is doubtful. At present, they are as nothing in our commerce with thiscountry. 4. Whale-oil: I told him I had great hopes, that the latediminution of duty would enable us to bring this article with advantage, to France: that a merchant was just arrived (Mr. Barrett), who proposedto settle at L'Orient, for the purpose of selling the cargoes of thisarticle, and choosing the returns. That he had informed me, that in thefirst year, it would be necessary to take one third in money, andthe remainder only in merchandise; because the fishermen require, indispensably, some money. But he thought that after the first year, the merchandise of the preceding year would always produce money forthe ensuing one, and that the whole amount would continue to be takenannually afterwards, in merchandise. I added, that though the diminutionof duty was expressed to be but for one year, yet I hoped they wouldfind their advantage in renewing and continuing it: for that if theyintended really to admit it for one year only, the fishermen would notfind it worth while to rebuild their vessels and to prepare themselvesfor the business. The Count expressed satisfaction on the view ofcommercial exchange held up by this article. He made no answer as to thecontinuance of it; and I did not choose to tell him, at that time, thatwe should claim its continuance under their treaty with the Hanseatictowns, which fixes this duty for them, and our own treaty, which givesus the rights of the most favored nation. 5. Tobacco. I recalled to thememory of the Count de Vergennes the letter I had written to him onthis article; and the object of the present conversation being, howto facilitate the exchange of commerciable articles between the twocountries, I pressed that of tobacco in this point of view; observedthat France, at present, paid us two millions of livres for thisarticle; that for such portions of it as were bought in London, theysent the money directly there, and for what they bought in the UnitedStates, the money was still remitted to London, by bills of exchange:whereas, if thy would permit our merchants to sell this articlefreely, they would bring it here, and take the returns on the spot, in merchandise, not money. The Count observed, that my propositioncontained what was doubtless useful, but that the King received on thisarticle, at present, a revenue of twenty-eight millions, which was soconsiderable, as to render them fearful of tampering with it; that thecollection of this revenue by way of Farm, was of very ancient date, andthat it was always hazardous to alter arrangements of long standing, andof such infinite combinations with the fiscal system. I answered, thatthe simplicity of the mode of collection proposed for this article, withdrew it from all fear of deranging other parts of their system; thatI supposed they would confine the importation to some of their principalports, probably not more than five or six; that a single collector ineach of these, was the only new officer requisite; that he could getrich himself on six livres a hogshead, and would receive the wholerevenue, and pay it into the treasury, at short hand. M. De Reynevalentered particularly into this part of the conversation, and explainedto the Count, more in detail, the advantages and simplicity of it, andconcluded by observing to me, that it sometimes happened that usefulpropositions, though not practicable at one time, might become so atanother. I told him that that consideration had induced me to press thematter when I did, because I had understood the renewal of the Farm wasthen on the carpet, and that it was the precise moment, when I supposedthat this portion might be detached from the mass of the Farms. I askedthe Count de Vergennes whether, if the renewal of the Farm was pressing, this article might not be separated, merely in suspense, till governmentshould have time to satisfy themselves on the expediency of renewing it. He said no promise could be made. 

In the course of this conversation, he had mentioned the liberty weenjoyed of carrying our fish to the French islands. I repeated tohim what I had hinted in my letter of November the 20th, 1785, that Iconsidered as a prohibition, the laying such duties on our fish, andgiving such premiums on theirs, as made a difference between their andour fishermen of fifteen livres the quintal, in an article which soldfor but fifteen livres. He said it would not have that effect, for tworeasons. 1. That their fishermen could not furnish supplies sufficientfor their islands, and, of course, the inhabitants must, of necessity, buy our fish. 2. That from the constancy of our fishery, and the shortseason during which theirs continued, and also from the economy andmanagement of ours, compared with the expense of theirs, we had alwaysbeen able to sell our fish, in their islands, at twenty-five livres thequintal, while they were obliged to ask thirty-six livres. (I suppose hemeant the livre of the French islands. ) That thus, the duty and premiumhad been a necessary operation on their side, to place the sale of theirfish on a level with ours, and, that without this, theirs could not bearthe competition. 

I have here brought together the substance of what was said on thepreceding subjects, not pretending to give it verbatim, which my memorydoes not enable me to do. I have, probably, omitted many thingswhich were spoken, but have mentioned nothing which was not. I wasinterrupted, at times, with collateral matters. One of these wasimportant. The Count de Vergennes complained, and with a good deal ofstress, that they did not find a sufficient dependence on arrangementstaken with us. This was the third time, too, he had done it; first, ina conversation at Fontainebleau, when he first complained to me of thenavigation acts of Massachusetts and New Hampshire; secondly, in hisletter of October the 30th, 1785, on the same subject; and now, in thepresent conversation, wherein he added, as another instance, the caseof the Chevalier de Mezieres, heir of General Oglethorpe, who, notwithstanding that the 11th article of the treaty provides, that thesubjects or citizens of either party shall succeed, _ab intestato_, tothe lands of their ancestors, within the dominions of the other, had been informed from Mr. Adams, and by me also, that his right ofsuccession to the General's estate in Georgia was doubtful. He observedtoo, that the administration of justice with us was tardy, insomuch, that their merchants, when they had money due to them within our States, considered it as desperate; and, that our commercial regulations, ingeneral, were disgusting to them. These ideas were new, serious, anddelicate. I decided, therefore, not to enter into them at that moment, and the rather, as we were speaking in French, in which language Idid not choose to hazard myself. I withdrew from the objections of thetardiness of justice with us, and the disagreeableness of our commercialregulations, by a general observation, that I was not sensible they werewell founded. With respect to the case of the Chevalier de Mezieres, Iwas obliged to enter into some explanations. They related chiefly tothe legal operation of our Declaration of Independence, to the undecidedquestion whether our citizens and British subjects were thereby madealiens to one another, to the general laws as to conveyances of land toaliens, and the doubt, whether an act of the Assembly of Georgia mightnot have been passed, to confiscate General Oglethorpe's property, which would of course prevent its devolution on any heir. M. Reynevalobserved, that in this case, it became a mere question of fact, whethera confiscation of these lands had taken place before the death ofGeneral Oglethorpe, which fact might be easily known by, inquiries inGeorgia, where the possessions lay. I thought it very material, thatthe opinion of this court should be set to rights on these points. Onmy return, therefore, I wrote the following observations on them, which, the next time I went to Versailles (not having an opportunityof speaking to the Count de Vergennes), I put into the hands of M. Reyneval, praying him to read them, and to ask the favor of the Count todo the same. 

_Explanations on some of the subjects of the conversation, which I hadthe honor of having with his Excellency, the Count de Vergennes, when Iwas last at Versailles_. 

The principal design of that conversation was, to discuss, thosearticles of commerce which the United States could spare, which arewanted in France, and, if received there on a convenient footing, wouldbe exchanged for the productions of France. But in the course of theconversation, some circumstances were incidentally mentioned bythe Count de Vergennes, which induced me to suppose he had receivedimpressions, neither favorable to us, nor derived from perfectinformation. 

The case of the Chevalier de Mezieres was supposed to furnish aninstance of our disregard to treatises; and the event of that case wasinferred from opinions supposed to have been given by Mr. Adams andmyself. This is ascribing a weight to our opinions, to which they arenot entitled. They will have no influence on the decision of the case. The judges in our courts would not suffer them to be read. Their guideis the law of the land, of which law its treaties make a part. Indeed, Iknow not what opinion Mr. Adams may have given on the case. And, if anybe imputed to him derogatory of our regard to the treaty with France, I think his opinion has been misunderstood. With respect to myself, thedoubts which I expressed to the Chevalier de Mezieres, as to the successof his claims, were not founded on any question whether the treatybetween France and the United States would be observed. On the contrary, I venture to pronounce that it will be religiously observed, if his casecomes under it. But I doubted whether it would come under the treaty. The case, as I understand it, is this. General Oglethorpe, a Britishsubject, had lands in Georgia. He died since the peace, having devisedthese lands to his wife. His heirs are the Chevalier de Mezieres, sonof his eldest sister, and the Marquis de Bellegarde, son of his youngersister. This case gives rise to legal questions, some of which havenot yet been decided, either in England or America, the laws of whichcountries are nearly the same. 

1. It is a question under the laws of those countries, whether personsborn before their separation, and once completely invested, in both, with the character of natural subjects, can ever become aliens ineither? There are respectable opinions on both sides. If the negative beright, then General Oglethorpe having never become an alien, and havingdevised his lands to his wife, who, on this supposition, also, was notan alien, the devise has transferred the lands to her, and there isnothing left for the treaty to operate on. 

2. If the affirmative opinion be right, and the inhabitants of GreatBritain and America, born before the Revolution, are become aliens toeach other, it follows by the laws of both, that the lands which eitherpossessed, within the jurisdiction of the other, became the property ofthe State in which they are. But a question arises, whether the transferof the property took place on the Declaration of Independence, or nottill an office, or an act of Assembly, had declared the transfer. If theproperty passed to the State on the Declaration of Independence, then itdid not remain in General Oglethorpe, and, of course, at the time of hisdeath, he having nothing, there was nothing to pass to his heirs, and sonothing for the treaty to operate on. 

3. If the property does not pass till declared by an office found byjury, or an act passed by the Assembly, the question then is, whetheran office had been found, or an act of Assembly been passed for thatpurpose, before the peace. If there was, the lands had passed to theState during his life, and nothing being left in him, there is nothingfor his heirs to claim under the treaty. 

4. If the property had not been transferred to the State, before thepeace, either by the Declaration of Independence, or an office or an actof Assembly, then it remained in General Oglethorpe at the epoch of thepeace and it will be insisted, no doubt, that, by the sixth article ofthe treaty of peace between the United States and Great Britain, whichforbids future confiscations, General Oglethorpe acquired a capacity ofholding and of conveying his lands. He has conveyed them to his wife. But, she being an alien, it will be decided by the laws of the land, whether she took them for her own use, or for the use of the State. Forit is a general principle of our law, that conveyances to aliens passthe lands to the State; and it may be urged, that though, by the treatyof peace, General Oglethorpe could convey, yet that treaty did not meanto give him a greater privilege of conveyance, than natives hold, towit, a privilege of transferring the property to persons incapable, bylaw, of taking it. However, this would be a question between the Stateof Georgia and the widow of General Oglethorpe, in the decision of whichthe Chevalier de Mezieres is not interested, because, whether she takesthe land by the will, for her own use, or for that of the State, it isequally prevented from descending to him: there is neither a conveyanceto him, nor a succession _ab intestato_ devolving on him, which are thecases provided for by our treaty with France. To sum up the matter ina few words; if the lands had passed to the State before the epoch ofpeace, the heirs of General Oglethorpe cannot say they have descendedon them, and if they remained in the General at that epoch, the treatysaving them to him, he could convey them away from his heirs, and he hasconveyed them to his widow, either for her own use, or for that of theState. 

Seeing no event, in which, according to the facts stated to me, thetreaty could be applied to this case, or could give any right, whatever, to the heirs of General Oglethorpe, I advised the Chevalier de Mezieresnot to urge his pretensions on the footing of right, nor under thetreaty, but to petition the Assembly of Georgia for a grant of theselands. If, in the question between the State and the widow of GeneralOglethorpe, it should be decided that they were the property of theState, I expected from their generosity, and the friendly dispositionsin America towards the subjects of France, that they would be favorableto the Chevalier de Mezieres. There is nothing in the precedingobservations, which would not have applied against the heir of GeneralOgiethorpe, had he been a native citizen of Georgia, as it now appliesagainst him, being a subject of France. The treaty has placed thesubjects of France on a footing with natives, as to conveyances anddescent of property. There was no occasion for the assemblies to passlaws on this subject; the treaty being a law, as I conceive, superior tothose of particular Assemblies, and repealing them where they stand inthe way of its operations. 

The supposition that the treaty was disregarded on our part, in theinstance of the acts of Assembly of Massachusetts and New Hampshire, which made a distinction between natives and foreigners, as to theduties to be paid on commerce, was taken notice of in the letter ofNovember the 20th, which I had the honor of addressing to the Count deVergennes. And while I express my hopes, that, on a revision of thesesubjects, nothing will be found in them derogatory from either theletter or spirit of our treaty, I will add assurances that the UnitedStates will not be behind hand, in going beyond both, when occasionsshall ever offer of manifesting their sincere attachment to thiscountry. 

I will pass on to the observation, that our commercial regulationsare difficult and repugnant to the French merchants. To detail theseregulations minutely, as they exist in every State, would be beyond myinformation. A general view of them, however, will suffice because theStates differ little in their several regulations. On the arrival of aship in America, her cargo must be reported at the proper office. Theduties on it are to be paid. These are commonly from two and a half tofive per cent, on its value. On many articles, the value of which istolerably uniform, the precise sum is fixed by law. A tariff of these ispresented to the importer, and he can see what he has to pay, as well asthe officer. For other articles, the duty is such a per cent, on theirvalue. That value is either shown by the invoice, or by the oath of theimporter. This operation being once over, and it is a very short one, the goods are considered as entered, and may then pass through the wholethirteen States, without their being ever more subject to a question, unless they be re-shipped. Exportation is still more simple: because, as we prohibit the exportation of nothing, and very rarely lay a dutyon any article of export, the State is little interested in examiningoutward bound vessels. The captain asks a clearance for his ownpurposes. As to the operations of internal commerce, such as matters ofexchange, of buying, selling, bartering, &c, our laws are the same asthe English. If they have been altered in any instance, it has beento render them more simple. Lastly, as to the tardiness of theadministration of justice with us, it would be equally tedious andimpracticable for me to give a precise account of it in every State. ButI think it probable, that it is much on the same footing through allthe States, and that an account of it in any one of them, may found ageneral presumption of it in the others. Being best acquainted with itsadministration in Virginia, I shall confine myself to that. Before theRevolution, a judgment could not be obtained under eight years, in thesupreme court, where the suit was in the department of the common law, which department embraces about nine tenths of the subjects of legalcontestation. In that of the chancery, from twelve to twenty years wererequisite. This did not proceed from any vice in the laws, but from theindolence of the judges appointed by the King: and these judges holdingtheir offices during his will only, he could have reformed the evil atany time. This reformation was among the first works of the legislature, after our independence. A judgment can now be obtained in the supremecourt, in one year, at the common law, and in about three years, in thechancery. But more particularly to protect the commerce of France, whichat that moment was considerable with us, a law was passed, givingall suits wherein a foreigner was a party, a privilege to be triedimmediately, on the return of his process, without waiting till thoseof natives, which stand before them, shall have been decided on. Out ofthis act, however, the British stand excluded by a subsequent one. This, with its causes, must be explained. The British army, after ravagingthe State of Virginia, had sent off a very great number of slaves to NewYork. By the seventh article of the treaty of peace, they stipulatednot to carry away any of these. Notwithstanding this, it was known, whenthey were evacuating New York, that they were carrying away the slaves. General Washington made an official demand of Sir Guy Carleton, that heshould cease to send them away. He answered, that these people had cometo them under promise of the King's protection, and that that promiseshould be fulfilled, in preference to the stipulation in the treaty. TheState of Virginia, to which nearly the whole of these slaves belonged, passed a law to forbid the recovery of debts due to British subjects. They declared, at the same time, they would repeal the law, if Congresswere of opinion they ought to do it. But, desirous that their citizensshould be discharging their debts, they afterwards permitted Britishcreditors to prosecute their suits, and to receive their debts in sevenequal and annual payments; relying that the demand for the slaves wouldeither be admitted or denied, in time to lay their hands on some ofthe latter payments for reimbursement. The immensity of this debt wasanother reason for forbidding such a mass of property to be offered forsale under execution at once, as, from the small quantity of circulatingmoney, it must have sold for little or nothing, whereby the creditorwould have failed to receive his money, and the debtor would have losthis whole estate, without being discharged of his debt. This is thehistory of the delay of justice in that country, in the case of Britishcreditors. As to all others, its administration is as speedy as justiceitself will admit. I presume it is equally so in all the other States, and can add, that it is administered in them all with a purity andintegrity, of which few countries afford an example. 

I cannot take leave, altogether, of the subjects of this conversation, without recalling the attention of the Count de Vergennes to what hadbeen its principal drift. This was to endeavor to bring about a directexchange between France and the United States, (without the interventionof a third nation) of those productions, with which each could furnishthe other. We can furnish to France (because we have heretoforefurnished to England) of whale-oil and spermaceti, of furs and peltry, of ships and naval stores, and of potash, to the amount of fifteenmillions of livres; and the quantities will admit of increase. Of ourtobacco, France consumes the value of ten millions more. Twenty-fivemillions of livres, then, mark the extent of that commerce of exchange, which is, at present, practicable between us. We want, in return, productions and manufactures, not money. If the duties on our produceare light, and the sale free, we shall undoubtedly bring it here, andlay out the proceeds on the spot, in the productions and manufactureswhich we want. The merchants of France will, on their part, becomeactive in the same business. We shall no more think, when we shall havesold our produce here, of making an useless voyage to another country, to lay out the money, than we think, at present, when we have sold itelsewhere, of coming here to lay out the money. The conclusion is, thatthere are commodities which form a basis of exchange, to the extent of amillion of guineas annually: it is for the wisdom of those in power, tocontrive that the exchange shall be made. 

Having put this paper into the hands of Monsieur Reyneval, we enteredinto conversation again, on the subject of the Farms, which were nowunderstood to be approaching to a conclusion. He told me, that he wasdecidedly of opinion, that the interest of the State required the Farmof tobacco to be discontinued, and that he had, accordingly, given everyaid to my proposition, which lay within his sphere: that the Count deVergennes was very clearly of the same opinion, and had supportedit strongly with reasons of his own, when he transmitted it to theComptroller General; but that the Comptroller, in the discussions ofthis subject which had taken place, besides the objections which theCount de Vergennes had repeated to me, and which are before mentioned, had added, that the contract with the Farmers General was now so faradvanced, that the article of tobacco could not be withdrawn from it, without unraveling the whole transaction. Having understood, that, in this contract, there was always reserved to the crown, a right todiscontinue it at any moment, making just reimbursements to the Farmers, I asked M. Reyneval, if the contract should be concluded in its presentform, whether it might still be practicable to have it discontinued, asto the article of tobacco, at some future moment. He said it might bepossible. 

Upon the whole, the true obstacle to this proposition has penetrated, in various ways, through the veil which covers it. The influence of theFarmers General has been heretofore found sufficient to shake a ministerin his office. Monsieur de Calonne's continuance or dismission has beenthought, for some time, to be on a poise. Were he to shift this greatweight, therefore, out of his own scale into that of his adversaries, it would decide their preponderance. The joint interests of France andAmerica would be an insufficient counterpoise in his favor. 

It will be observed, that these efforts to improve the commerce of theUnited States have been confined to that branch only, which respectsFrance itself, and that nothing passed on the subject of our commercewith the West Indies, except an incidental conversation as to our fish. The reason of this was no want of a due sense of its importance. Of thatI am thoroughly sensible. But efforts in favor of this branch would, atpresent, be desperate. To nations with which we have not yet treated, and who have possessions in America, we may offer a free vent of theirmanufactures in the United States, for a full, or a modified admittanceinto those possessions. But to France, we are obliged to give thatfreedom for a different compensation; to wit, for her aid in effectingour independence. It is difficult, therefore, to say what we have now tooffer her, for an admission into her West Indies. Doubtless it has itsprice. But the question is, what this would be, and whether worth ourwhile to give it. Were we to propose to give to each other's citizensall the rights of natives, they would, of course, count what they shouldgain by this enlargement of right, and examine whether it would be worthto them, as much as their monopoly of their West India commerce. If not, that commercial freedom which we wish to preserve, and which, indeed, isso valuable, leaves us little else to offer. An expression in my letterto the Count de Vergennes, of November the 20th, wherein I hinted, thatboth nations might, perhaps, come into the opinion, that the conditionof natives might be a better ground of intercourse for their citizens, than that of the most favored nation, was intended to furnish anopportunity to the minister, of parleying on that subject, if he was sodisposed, and to myself, of seeing whereabouts they would begin, thatI might communicate it to Congress, and leave them to judge of theexpediency of pursuing the subject. But no overtures have followed;for I have no right to consider, as coming from the minister, certainquestions which were, very soon after, proposed to me by an individual. It sufficiently accounts for these questions, that that individualhad written a memorial on the subject, for the consideration of theminister, and might wish to know what we would be willing to do. The idea that I should answer such questions to him, is equallyunaccountable, whether we suppose them originating with himself, orcoming from the minister. In fact, I must suppose them to be his own;and I transmit them, only that Congress my see what one Frenchman, at least, thinks on the subject. If we can obtain from Great Britainreasonable conditions of commerce (which, in my idea, must for everinclude an admission into her islands), the freest ground between thesetwo nations would seem to be the best. But if we can obtain no equalterms from her, perhaps Congress might think it prudent, as Holland hasdone, to connect us unequivocally with France. Holland has purchased theprotection of France. The price she pays is, aid in time of war. It isinteresting for us to purchase a free commerce with the French islands. But whether it is best to pay for it, by aids in war, or by privilegesin commerce; or not to purchase it at all, is the question. 

LETTER CXLVII. --TO T. HOPKINSON, January 3, 1786

TO T. HOPKINSON. 

Paris, January 3, 1786. 

Dear Sir, I wrote you last on the 25th of September. Since that I have receivedyours of October the 25th, enclosing a duplicate of the last inventedtongue for the harpsichord. The letter enclosing another of them, andaccompanied by newspapers, which you mention in that of October the25th, has never come to hand. I will embrace the first opportunity ofsending you the crayons. Perhaps they may come with this, which I thinkto deliver to Mr. Bingham, who leaves us on Saturday, for London. If, onconsulting him, I find the conveyance from London uncertain, you shallreceive them by a Mr. Barrett, who goes from hence for New York, nextmonth. You have not authorized me to try to avail you of the new tongue. Indeed, the ill success of my endeavors with the last does not promisemuch with this. However, I shall try. Houdon only stopped a moment, todeliver me your letter, so that I have not yet had an opportunity ofasking his opinion of the improvement. I am glad you are pleased withhis work. He is among the foremost, or, perhaps, the foremost artist inthe world. 

Turning to your _Encyclopédie, Arts et Metiers_, tome 3, part 1, page393, you will find mentioned an instrument, invented by a MonsieurRenaudin, for determining the true time of the musical movements, largo, adagio, &c. I went to see it. He showed me his first invention; theprice of the machine was twenty-five guineas: then his second, whichhe had been able to make for about half that sum. Both of these hada mainspring and a balance-wheel, for their mover and regulator. Thestrokes are made by a small hammer. He then showed me his last, which ismoved by a weight and regulated by a pendulum, and which cost only-twoguineas and a half. It presents, in front, a dial-plate like that ofa clock, on which are arranged, in a circle, the words _largo, adagio, andante, allegro, presto_. The circle is moreover divided into fifty-twoequal degrees. _Largo_ is at 1, _adagio_ at 11, _andante_ at 22, _allegro_ at 36, and _presto_ at 46. Turning the index to any one ofthese, the pendulum (which is a string, with a ball hanging to it)shortens or lengthens, so that one of its vibrations gives you a crochetfor that movement. This instrument has been examined by the academy ofmusic here, who were so well satisfied of its utility, that they haveordered all music which shall be printed here, in future, to have themovements numbered in correspondence with this plexi-chronometer. I neednot tell you that the numbers between two movements, as between 22 and36, give the quicker or slower degrees of the movements, such as thequick _andante_, or moderate _allegro_. The instrument is useful, butstill it may be greatly simplified. I got him to make me one, and havingfixed a pendulum vibrating seconds, I tried by that the vibrations ofhis pendulum, according to the several movements. I find the pendulumregulated to Largo

[Illustration: The Plexi-Chronometer, page391]

Every one, therefore, may make a chronometer adapted to his instrument. 

For a harpsichord, the following occurs to me:

In the wall of your chamber, over the instrument, drive five littlebrads, as, 1, 2, 3, 4, 5, in the following manner. Take a string witha bob to it, of such length, as, that hung on No. 1, it shall vibratefifty-two times in a minute. Then proceed by trial to drive No. 2, atsuch a distance, that drawing the loop of the string to that, the partremaining between 1 and the bob, shall vibrate sixty times in a minute. Fix the third for seventy vibrations, &c. ; the cord always hanging overNo. 1, as the centre of vibration. A person playing on the violin mayfix this on his music-stand. A pendulum thrown into vibration willcontinue in motion long enough to give you the time of your piece. Ihave been thus particular, on the supposition that you would fix one ofthese simple things for yourself. 

You have heard often of the metal called platina, to be found only inSouth America. It is insusceptible of rust, as gold and silver are, noneof the acids affecting it, excepting the _aqua regia_. It also admitsof as perfect a polish as the metal hitherto used for the specula oftelescopes. These two properties had suggested to the Spaniards thesubstitution of it for that use. But the mines being closed up by thegovernment, it is difficult to get the metal. The experiment has beenlately tried here by the Abbe Rochon (whom I formerly mentioned toMr. Rittenhouse, as having discovered that lenses of certain naturalcrystals have two different and uncombined magnifying powers), and hethinks the polish as high as that of the metal heretofore used, andthat it will never be injured by the air, a touch of the finger, &c. Iexamined it in a dull day, which did not admit a fair judgment of thestrength of its reflection. 

Good qualities are sometimes misfortunes. I will prove it from yourown experience. You are punctual; and almost the only one of mycorrespondents on whom I can firmly rely, for the execution ofcommissions which combine a little trouble with more attention. I amvery sorry however that I have three commissions to charge you with, which will give you more than a little trouble. Two of them are forMonsieur de Buffon. Many, many years ago, Cadwallader Golden wrote avery small pamphlet on the subjects of attraction and impulsion, a copyof which he sent to Monsieur de Buffon. He was so charmed with it, thathe put it into the hands of a friend to translate, who lost it. It hasever since weighed on his mind, and he has made repeated trials to haveit found in England. But in vain. He applied to me. I am in hopes, ifyou will write a line to the booksellers of Philadelphia to rummagetheir shops, that some of them may find it. Or, perhaps, some of thecareful old people of Pennsylvania or New Jersey may have preserved acopy. In the King's cabinet of Natural History, of which Monsieur deBuffon has the superintendence, I observed that they had neither ourgrouse nor our pheasant. These, I know, may be bought in the market ofPhiladelphia, on any day while they are in season. Pray buy the male andfemale of each, and employ some apothecary's boys to prepare them, andpack them. Methods may be seen in the preliminary discourse to the firstvolume of Birds, in the _Encyclopédie_, or in the Natural History ofBuffon, where he describes the King's cabinet. And this done, you willbe so good as to send them to me. The third commission is more distant. It is to precure me two or three hundred paccan nuts from the westerncountry. I expect they can always be got at Pittsburgh and am in hopes, that by yourself or your friends, some attentive person there may beengaged to send them to you. They should come as fresh as possible, and come best, I believe, in a box of sand. Of this, Barham could bestadvise you. I imagine vessels are always coming from Philadelphia toFrance. If there be a choice of ports, Havre would be the best. I mustbeg you to direct them to the care of the American consul or agent atthe port, to be sent by the Diligence or Fourgon. A thousand apologieswould not suffice for this trouble, if I meant to pay you in apologiesonly. But I sincerely ask, and will punctually execute, the appointmentof your _chargé des affaires_ in Europe generally. From the smallestto the highest commission, I will execute with zeal and punctually, inbuying, or doing any thing you wish, on this side the water. And you mayjudge from the preceding specimen, that I shall not be behind handin the trouble I shall impose on you. Make a note of all the expensesattending my commissions, and favor me with it every now and then, andI will replace them. My daughter is well, and retains an affectionateremembrance of her ancient patroness, your mother, as well as of yourlady and family. She joins me in wishing to them, and to Mr. And Mrs. Rittenhouse and family, every happiness. Accept, yourself, assurances ofthe esteem with which I am, Dear Sir, your friend and servant, Th: Jefferson. 

P. S. What is become of the Lunarium for the King?

LETTER CXLVIII. --TO GENERAL WASHINGTON, January 4, 1786

TO GENERAL WASHINGTON. 

Paris, January 4, 1786. 

Dear Sir, I have been honored with your letter of September the 26th, which wasdelivered me by Mr. Houdon, who is safely returned. He has brought withhim the mould of the face only, having left the other parts of his workwith his workmen to come by some other conveyance. Doctor Franklin, whowas joined with me in the superintendence of this just monument, havingleft us before what is called the costume of the statue was decided on, I cannot so well satisfy myself, and I am persuaded I should not so wellsatisfy the world, as by consulting your own wish or inclination asto this article. Permit me, therefore, to ask you whether there is anyparticular dress, or any particular attitude, which you would ratherwish to be adopted. I shall take a singular pleasure in having your ownidea executed, if you will be so good as to make it known to me. 

I thank you for the trouble you have taken in answering my inquiries onthe subject of Bushnel's machine. Colonel Humphreys could only give mea general idea of it from the effects proposed, rather than the meanscontrived to produce them. 

I sincerely rejoice that three such works as the opening the Potomac andJames rivers, and a canal from the Dismal Swamp are likely to be carriedthrough. There is still a fourth, however, which I had the honor Ibelieve of mentioning to you in a letter of March the 15th, 1784, fromAnnapolis. It is the cutting a canal which shall unite the heads of theCayahoga and Beaver Creek. The utility of this, and even the necessityof it, if we mean to aim at the trade of the lakes, will be palpableto you. The only question is its practicability. The best information Icould get as to this was from General Hand, who described the country aschampain, and these waters as heading in lagoons, which would be easilyunited. Maryland and Pennsylvania are both interested to concur with usin this work. The institutions you propose to establish by the sharesin the Potomac and James river companies, given you by the Assembly, andthe particular objects of those institutions, are most worthy. It occursto me, however, that if the bill 'for the more general diffusionof knowledge, ' which is in the revisal, should be passed, it wouldsupersede the use and obscure the existence of the charity schools youhave thought of. I suppose in fact, that that bill or some other like itwill be passed. I never saw one received with more enthusiasm than thatwas in the year 1778, by the House of Delegates, who ordered it to beprinted. And it seemed afterwards, that nothing but the extreme distressof our resources prevented its being carried into execution even duringthe war. It is an axiom in my mind, that our liberty can never be safebut in the hands of the people themselves, and that too of the peoplewith a certain degree of instruction. This it is the business of theState to effect, and on a general plan. Should you see a probabilityof this, however, you can never be at a loss for worthy objects of thisdonation. Even the remitting that proportion of the toll on all articlestransported, would present itself under many favorable considerations, and it would in effect be to make the State do in a certain proportionwhat they ought to have done wholly: for I think they should clearall the rivers, and lay them open and free to all. However, you areinfinitely the best judge, how the most good may be effected with theseshares. 

All is quiet here. There are indeed two specks in the horizon: theexchange of Bavaria, and the demarcation between the Emperor and Turks. We may add as a third, the interference by the King of Prussia in thedomestic disputes of the Dutch. Great Britain, it is said, begins tolook towards us with a little more good humor. But how true this maybe, I cannot say with certainty. We are trying to render her commerceas little necessary to us as possible, by finding other markets for ourproduce. A most favorable reduction of duties on whale-oil has takenplace here, which will give us a vent for that article, paying a duty ofa guinea and a half a ton only. 

I have the honor to be, with the highest esteem and respect, Dear Sir, your most obedient and

most humble servant, Tm: Jefferson. 

LETTER CXLIX. --TO A. CARY, January 7, 1786

TO A. CARY. 

Paris, January 7, 1786. 

Dear Sir, The very few of my countrymen who happen to be punctual, will find theirpunctuality a misfortune to them. Of this I shall give you a proof bythe present application, which I should not make to you, if I didnot know you to be superior to the torpidity of our climate. In myconversations with the Count de Buffon on the subjects of NaturalHistory, I find him absolutely unacquainted with our elk and our deer. He has hitherto believed that our deer never had horns more than a footlong; and has, therefore, classed them with the roe-buck, which I amsure you know them to be different from. I have examined some of the reddeer of this country at the distance of about sixty yards, and I findno other difference between them and ours, than a shade or two in thecolor. Will you take the trouble to procure for me the largest pair ofbuck's horns you can, and a large skin of each color, that is to say, a red and a blue? If it were possible to take these from a buck justkilled, to leave all the bones of the head in the skin with the hornson, to leave the bones of the legs in the skin also, and the hoofs toit, so that having only made an incision all along the belly and neck totake the animal out at, we could by sewing up that incision and stuffingthe skin, present the true size and form of the animal, it would bea most precious present. Our deer have been often sent to England andScotland. Do you know (with certainty) whether they have ever bred withthe red deer of those countries? With respect to the elk, I despair ofyour being able to get for me any thing but the horns of it. David RossI know has a pair; perhaps he would give them to us. It is useless toask for the skin and skeleton, because I think it is not in your powerto get them, otherwise they would be most desirable. A gentleman, fellow-passenger with me from Boston to England, promised to send to youin my name some hares, rabbits, pheasants, and partridges, by the returnof the ship which was to go to Virginia, and the captain promised totake great care of them. My friend procured the animals, and the shipchanging her destination, he kept them, in hopes of finding some otherconveyance, till they all perished. I do not despair, however, offinding some opportunity still of sending a colony of useful animals. I am making a collection of vines for wine, and for the table; also ofsome trees, such as the cork-oak, &c. &c. 

Every thing is absolutely quiet in Europe. There is not, therefore, aword of news to communicate. I pray you to present me affectionatelyto your family and that of Tuckahoe. Whatever expense is necessary forprocuring me the articles above-mentioned, I will instantly replace, either in cash, or in any thing you may wish from hence. 

I am with very sincere esteem, Dear Sir, your most obedient, humble servant, Th: Jefferson. 

LETTER CL. --TO MAJOR GENERAL GREENE, January 12, 1786

TO MAJOR GENERAL GREENE. 

Paris, January 12, 1786. 

Dear Sir, Your favor of June the 1st did not come to hand till the 3rd ofSeptember. I immediately made inquiries on the subject of the frigateyou had authorized your relation to sell to this government, and I foundthat he had long before that sold her to government, and sold her verywell, as I understood. I noted the price on the back of your letter, which I have since unfortunately mislaid, so that I cannot at thismoment state to you the price. But the transaction is of so longstanding that you cannot fail to have received advice of it. I shouldwithout delay have given you this information, but that I hoped to beable to accompany it with information as to the live-oak, whichwas another object of your letter. This matter, though it has beenconstantly pressed by Mr. St. John, and also by the Marquis de laFayette, since his return from Berlin, has been spun to a great length, and at last they have only decided to send to you for samples of thewood. Letters on this subject from the Marquis de la Fayette accompanythis. 

Every thing in Europe is quiet, and promises quiet for at least a yearto come. We do not find it easy to make commercial arrangements inEurope. There is a want of confidence in us. This country has latelyreduced the duties on American whale-oil to about a guinea and a halfthe ton, and I think they will take the greatest part of what we canfurnish. I hope, therefore, that this branch of our commerce will resumeits activity. Portugal shows a disposition to court our trade; but thishas for some time been discouraged by the hostilities of the piraticalstates of Barbary. The Emperor of Morocco, who had taken one of ourvessels, immediately consented to suspend hostilities and ultimatelygave up the vessel, cargo, and crew. I think we shall be able to settlematters with him. But I am not sanguine as to the Algerines. They havetaken two of our vessels, and I fear will ask such a tribute for aforbearance of their piracies as the United States would be unwillingto pay. When this idea comes across my mind, my faculties are absolutelysuspended between indignation and impatience. I think whatever sumswe are obliged to pay for freedom of navigation in the European seas, should be levied on the European commerce with us by a separate impost, that these powers may see that they protect these enormities for theirown loss. I have the honor to be, with sentiments of the most perfectesteem and respect, Dear Sir, your most obedient

and most humble servant, Th: Jefferson. 

LETTER CLI. --TO LISTER ASQUITH, January 13, 1786

TO LISTER ASQUITH. 

Paris, January 13, 1786. 

Sir, I have duly received your letter of the 2nd instant. The delays, whichhave attended your enlargement, have been much beyond my expectation. The reason I have not written to you for some time, has been theconstant expectation of receiving an order for your discharge. I havenot received it however. I went to Versailles three days ago, and madefresh applications on the subject. I received assurances which give mereason to hope that the order for your discharge will soon be made out. Be assured it shall not be delayed a moment after it comes to my hands, and that I shall omit no opportunity of hastening it. In the mean time, I think you may comfort yourself and companions with the certainty ofreceiving it ere long. 

I am, Sir, your most humble servant, Th: Jefferson. 

RE QUESTIONS FOR _ECONOMIE POLITIQUE ET DIPLOMATIQUE_

 [The following were answers by Mr. Jefferson to questions addressed to him by Monsieur de Meusnier, author of that part of the _Encylopédie Méthodique_, entitled _Economie Politique et Diplomatique_. ]

1. What has led Congress to determine that the concurrence of sevenvotes is requisite in questions, which by the Confederation aresubmitted to the decision of a majority of the United States in Congressassembled?

The ninth article of Confederation, section sixth, evidently establishesthree orders of questions in Congress. 1. The greater ones which relateto making peace or war, alliances, coinage, requisitions for money, raising military force, or appointing its commander-in-chief. 2. The lesser ones which comprehend all other matters submitted by theConfederation to the federal head. 3. The single question of adjourningfrom day to day. This gradation of questions is distinctly characterizedby the article. 

In proportion to the magnitude of these questions, a greater concurrenceof the voices composing the Union was thought necessary. Three degreesof concurrence, well distinguished by substantial circumstances, offeredthemselves to notice. 1. A concurrence of a majority of the people ofthe Union. It was thought that this would be insured by requiring thevoices of nine States; because according to the loose estimates whichhad then been made of the inhabitants, and the proportion of them whichwere free, it was believed, that even the nine smallest would includea majority of the free citizens of the Union. The voices, therefore, ofnine States were required in the greater questions. 2. A concurrence ofthe majority of the States. Seven constitute that majority. This number, therefore, was required in the lesser questions. 3. A concurrence of themajority of Congress, that is to say, of the States actually presentin it. As there is no Congress when there are not seven States present, this concurrence could never be of less than four States. But thesemight happen to be the four smallest, which would not include oneninth part of the free citizens of the Union. This kind of majority, therefore, was entrusted with nothing but the power of adjourningthemselves from day to day. 

Here then are three kinds of majorities. 1. Of the people. 2. Of theStates. 3. Of the Congress. Each of which is entrusted to a certainlength. 

Though the paragraph in question be clumsily expressed, yet it strictlyannounces its own intentions. It defines with precision, the greaterquestions, for which nine votes shall be requisite. In the lesserquestions, it then requires a majority of the United States in Congressassembled: a term which will apply either to the number seven, as beinga majority of the States, or to the number four, as being a majorityof Congress. Which of the two kinds of majority was meant. Clearly thatwhich would leave a still smaller kind for the decision of the questionof adjournment. The contrary construction would be absurd. 

This paragraph, therefore, should be understood as if it had beenexpressed in the following terms. 'The United States in Congressassembled, shall never engage in war, &c. But with the consent of nineStates: nor determine any other question, but with the consent of amajority of the whole States, except the question of adjournment fromday to day, which may be determined by a majority of the States actuallypresent in Congress. '

2. How far is it permitted to bring on the reconsideration of a questionwhich Congress has once determined?

The first Congress which met being composed mostly of persons who hadbeen members of the legislatures of their respective States, it wasnatural for them to adopt those rules in their proceedings, to whichthey had been accustomed in their legislative houses; and the more so, as these happened to be nearly the same, as having been copied from thesame original, those of the British parliament. One of those rules ofproceeding was, that 'a question once determined cannot be proposed asecond time in the same session. ' Congress, during their first sessionin the autumn of 1774, observed this rule strictly. But before theirmeeting in the spring of the following year, the war had broken out. They found themselves at the head of that war, in an executive as wellas legislative capacity. They found that a rule, wise and necessary fora legislative body, did not suit an executive one, which, being governedby events, must change their purposes as those change. Besides, theirsession was then to become of equal duration with the war; and a rule, which should render their legislation immutable during all that period, could not be submitted to. They, therefore, renounced it in practice, and have ever since continued to reconsider their questions freely. Theonly restraint, as yet provided against the abuse of this permissionto reconsider, is, that when a question has been decided, it cannot beproposed for reconsideration, but by some one who voted in favor of theformer decision, and declares that he has since changed his opinion. I do not recollect accurately enough, whether it be necessary that hisvote should have decided that of his State, and the vote of his Statehave decided that of Congress. 

Perhaps it might have been better, when they were forming the federalconstitution, to have assimilated it as much as possible to theparticular constitutions of the States. All of these have distributedthe legislative, executive, and judiciary powers into differentdepartments. In the federal constitution the judiciary powers areseparated from the others; but the legislative and executive are bothexercised by Congress. A means of amending this defect has been thoughtof. Congress having a power to establish what committees of their ownbody they please, and to arrange among them the distribution of theirbusiness, they might, on the first day of their annual meeting, appointan executive committee consisting of a member from each State, and referto them all executive business which should occur during their session;confining themselves to what is of a legislative nature, that is to say, to the heads described in the ninth article, as of the competence ofnine States only, and to such other questions as should lead to theestablishment of general rules. The journal of this committee of thepreceding day might be read the next morning in Congress, and consideredas approved, unless a vote was demanded on a particular article, andthat article changed. The sessions of Congress would then be short, andwhen they separated, the Confederation authorizes the appointment of acommittee of the States which would naturally succeed to the business ofthe executive committee. The legislative business would be better done, because the attention of the members would not be interrupted by thedetails of execution; and the executive business would be better done, because business of this nature is better adapted to small than greatbodies. A monarchical head should confide the execution of its will todepartments, consisting each of a plurality of hands, who would warpthat will as much as possible towards wisdom and moderation, the twoqualities it generally wants. But a republican head, founding itsdecrees originally in these two qualities, should commit them to asingle hand for execution, giving them thereby a promptitude whichrepublican proceedings generally want. Congress could not, indeed, confide their executive business to a smaller number than a committeeconsisting of a member from each State. This is necessary to insure theconfidence of the Union. But it would be gaining a great deal to reducethe executive head to thirteen, and to relieve themselves of thosedetails. This, however, has as yet been the subject of privateconversations only. 

3. A succinct account of paper money, in America?

Previous to the late revolution, most of the States were in thehabit, whenever they had occasion for more money than could be raisedimmediately, by taxes, to issue paper notes or bills, in the name of theState, wherein they promised to pay to the bearer the sum named in thenote or bill. In some of the States, no time of payment was fixed, nortax laid to enable payment. In these, the bills depreciated. But othersof the States named in the bill the day when it should be paid, laidtaxes to bring in money enough for that purpose, and paid the billspunctually, on or before the day named. In these States, paper moneywas in as high estimation as gold and silver. On the commencement ofthe late Revolution, Congress had no money. The external commerce of theStates being suppressed, the farmer could not sell his produce, and, ofcourse, could not pay a tax. Congress had no resource then, but in papermoney. Not being able to lay a tax for its redemption, they could onlypromise that taxes should be laid for that purpose, so as to redeem thebills by a certain day. They did not foresee the long continuance of thewar, the almost total suppression of their exports, and other events, which rendered the performance of their engagement impossible. The papermoney continued, for a twelvemonth, equal to gold and silver. But thequantities which they were obliged to emit, for the purposes of the war, exceeded what had been the usual quantity of the circulating medium. It began, therefore, to become cheaper, or, as we expressed it, itdepreciated, as gold and silver would have done, had they been throwninto circulation in equal quantities. But not having, like them, anintrinsic value, its depreciation was more rapid, and greater, thancould ever have happened with them. In two years, it had fallen to twodollars of paper money for one of silver; in three years, to four forone; in nine months more, it fell to ten for one; and in the six monthsfollowing, that is to say, by September, 1779, it had fallen to twentyfor one. 

Congress, alarmed at the consequences which were to be apprehended, should they lose this resource altogether, thought it necessary to makea vigorous effort to stop its further depreciation. They, therefore, determined, in the first place, that their emissions should not exceedtwo hundred millions of dollars, to which term they were then nearlyarrived: and, though they knew that twenty dollars of what they werethen issuing, would buy no more for their army than one silver dollarwould buy, yet they thought it would be worth while to submit to thesacrifices of nineteen out of twenty dollars, if they could thereby stopfurther depreciation. They, therefore, published an address to theirconstituents, in which they renewed their original declarations, thatthis paper money should be redeemed at dollar for dollar. They provedthe ability of the States to do this, and that their liberty would becheaply bought at that price. The declaration was ineffectual. No manreceived the money at a better rate; on the contrary, in six monthsmore, that is, by March, 1780, it had fallen to forty for one. Congressthen tried an experiment of a different kind. Considering their formeroffers to redeem this money, at par, as relinquished by the generalrefusal to take it, but in progressive depreciation, they required thewhole to be brought in, declared it should be redeemed at its presentvalue, of forty for one, and that they would give to the holders newbills, reduced in their denomination to the sum of gold or silver, whichwas actually to be paid for them. This would reduce the nominal sum ofthe mass in circulation, to the present worth of that mass, which wasfive millions; a sum not too great for the circulation of the States, and which, they therefore hoped, would not depreciate further, as theycontinued firm in their purpose of emitting no more. This effort was asunavailing as the former. Very little of the money was brought in. Itcontinued to circulate and to depreciate, till the end of 1780, when ithad fallen to seventy-five for one, and the money circulated from theFrench army, being, by that time, sensible in all the States northof the Potomac, the paper ceased its circulation altogether, in thoseStates. In Virginia and North Carolina, it continued a year longer, within which time it fell to one thousand for one, and then expired, asit had done in the other States, without a single groan. Not a murmurwas heard, on this occasion, among the people. On the contrary, universal congratulations took place, on their seeing this giganticmass, whose dissolution had threatened convulsions which should shaketheir infant confederacy to its centre, quietly interred in its grave. Foreigners, indeed, who do not, like the natives, feel indulgence forits memory, as of a being which has vindicated their liberties, andfallen in the moment of victory, have been loud, and still are loud intheir complaints. A few of them have reason; but the most noisy arenot the best of them. They are persons who have become bankrupt, byunskilful attempts at commerce with America. That they may have somepretext to offer to their creditors, they have bought up great masses ofthis dead money in America, where it is to be had at five thousand forone, and they show the certificates of their paper possessions, asif they had all died in their hands, and had been the cause of theirbankruptcy. Justice will be done to all, by paying to all persons whatthis money actually cost them, with an interest of six per cent, fromthe time they received it. If difficulties present themselves in theascertaining the epoch of the receipt, it has been thought better thatthe State should lose, by admitting easy proofs, than that individuals, and especially foreigners, should, by being held to such as would bedifficult, perhaps impossible. 

4. Virginia certainly owed two millions, sterling, to Great Britain, at the conclusion of the war. Some have conjectured the debt as high asthree millions. I think that state owed near as much as all the rest puttogether. This is to be ascribed to peculiarities in the tobacco trade. The advantages made by the British merchants, on the tobaccos consignedto them, were so enormous, that they spared no means of increasing thoseconsignments. A powerful engine for this purpose, was the giving goodprices and credit to the planter, till they got him more immersed indebt than he could pay, without selling his lands or slaves. They thenreduced the prices given for his tobacco, so that let his shipments beever so great, and his demand of necessaries ever so economical, theynever permitted him to clear off his debt. These debts had becomehereditary from father to son, for many generations, so that theplanters were a species of property, annexed to certain mercantilehouses in London. 

5. The members of Congress are differently paid by different States. Some are on fixed allowances, from four to eight dollars a day. Othershave their expenses paid, and a surplus for their time. This surplus isof two, three, or four dollars a day. 

6. I do not believe there has ever been a moment, when a single whig, inany one State, would not have shuddered at the very idea of a separationof their State from the confederacy. The tories would, at all times, have been glad to see the confederacy dissolved, even by particles at atime, in hopes of their attaching themselves again to Great Britain. 

7. The 11th article of Confederation admits Canada to accede to theConfederation, at its own will, but adds, 'no other colony shallbe admitted to the same, unless such admission be agreed to by nineStates. ' When the plan of April, 1784, for establishing new States, wason the carpet, the committee who framed the report of that plan, hadinserted this clause, 'provided nine States agree to such admission, according to the reservation of the 11th of the articles ofConfederation. ' It was objected, 1. That the words of the Confederation, 'no other colony, ' could refer only to the residuary possessions ofGreat Britain, as the two Floridas, Nova Scotia, &c. Not being alreadyparts of the Union; that the law for 'admitting' a new member into theUnion, could not be applied to a territory which was already in theUnion, as making part of a State which was a member of it. 2. Thatit would be improper to allow 'nine' States to receive a new member, because the same reasons which rendered that number proper now, wouldrender a greater one proper, when the number composing the Union shouldbe increased. They therefore struck out this paragraph, and inserteda proviso, that, 'the consent of so many States, in Congress, shall befirst obtained, as may, at the time, be competent;' thus leaving thequestion, whether the 11th article applies to the admission of newStates, to be decided when that admission shall be asked. See theJournal of Congress of April 20, 1784. Another doubt was started in thisdebate; viz. Whether the agreement of the nine Stales, required bythe Confederation, was to be made by their legislatures, or by theirdelegates in Congress. The expression adopted, viz. 'so many States, inCongress, is first obtained, ' show what was their sense of this matter. If it be agreed, that the 11th article of the Confederation is not to beapplied to the admission of these new States, then it is contendedthat their admission comes within the 13th article, which forbids 'anyalteration, unless agreed to in a Congress of the United States, and afterwards confirmed by the legislatures of every State. ' Theindependence of the new States of Kentucky and Franklin, will soon bringon the ultimate decision of all these questions. 

8. Particular instances, whereby the General Assembly of Virginia haveshown, that they considered the ordinance called their constitution, asevery other ordinance, or act of the legislature, subject to be alteredby the legislature for the time being. 

1. The convention which formed that constitution, declared themselvesto be the House of Delegates, during the term for which they wereoriginally elected, and, in the autumn of the year, met the Senate, elected under the new constitution, and did legislative business withthem. At this time, there were malefactors in the public jail, and therewas, as yet, no court established for their trial. They passed alaw, appointing certain members by name, who were then members of theExecutive Council, to be a court for the trial of these malefactors, though the constitution had said, in express words, that no personshould exercise the powers of more than one of the three departments, legislative, executive, and judiciary, at the same time. This proves, that the very men who had made that constitution, understood that itwould be alterable by the General Assembly. This court was only for thatoccasion. When the next General Assembly met, after the election of theensuing year, there was a new set of malefactors in the jail, and nocourt to try them. This Assembly passed a similar law to the former, appointing certain members of the Executive Council to be an occasionalcourt for this particular case. Not having the journals of Assembly byme, I am unable to say whether this measure was repealed afterwards. However, they are instances of executive and judiciary powers exercisedby the same persons, under the authority of a law, made in contradictionto the constitution. 

2. There was a process depending in the ordinary courts of justice, between two individuals of the name of Robinson and Fauntleroy, whowere relations, of different descriptions, to one Robinson, a Britishsubject, lately dead. Each party claimed a right to inherit the landsof the decedent, according to the laws. Their right should, by theconstitution, have been decided by the judiciary courts; and it wasactually depending before them. One of the parties petitioned theAssembly, (I think it was in the year 1782, ) who passed a law decidingthe right in his favor. In the following year, a Frenchman, master of avessel, entered into port without complying with the laws established insuch cases, whereby he incurred the forfeitures of the law to any personwho would sue for them. An individual instituted a legal processto recover these forfeitures, according to the law of the land. TheFrenchman petitioned the Assembly, who passed a law deciding thequestion of forfeiture in his favor. These acts are occasional repealsof that part of the constitution, which forbids the same persons toexercise legislative and judiciary powers, at the same time. 

3. The Assembly is in the habitual exercise, during their sessions, of directing the Executive what to do. There are few pages of theirjournals, which do not furnish proofs of this, and, consequently, instances of the legislative and executive powers exercised by the samepersons, at the same time. These things prove, that it has been theuninterrupted opinion of every Assembly, from that which passed theordinance called the constitution, down to the present day, that their, acts may control that ordinance, and, of course, that the State ofVirginia has no fixed constitution at all. 

ARTICLE BY JEFFERSON: '_Etats Unis, _' FOR THE _Encyclopédie Méthodique_

 [The succeeding observations were made by Mr. Jefferson on an article entitled '_Etats Unis_, ' prepared for the _Encyclopédie Méthodique_, and submitted to him before its publication. ]

Page 8. The malefactors sent to America were not sufficient in number tomerit enumeration, as one class out of three, which peopled America. Itwas at a late period of their history, that this practice began. Ihave no book by me, which enables me to point out the date of itscommencement. But I do not think the whole number sent would amount totwo thousand, and being principally men, eaten up with disease, theymarried seldom and propagated little. I do not suppose that themselvesand their descendants are, at present, four thousand, which is littlemore than one thousandth part of the whole inhabitants. 

Indented servants formed a considerable supply. These were poorEuropeans, who went to America to settle themselves. If they could paytheir passage, it was well. If not, they must find means of paying it. They were at liberty, therefore, to make an agreement with any personthey chose, to serve him such a length of time as they agreed on, uponcondition that he would repay, to the master of the vessel, the expensesof their passage. If, being foreigners, unable to speak the language, they did not know how to make a bargain for themselves, the captainof the vessel contracted for them, with such persons as he could. This contract was by deed indented, which occasioned them to be calledindented servants. Sometimes they were called redemptioners, because, by their agreement with the master of the vessel, they could redeemthemselves from his power by paying their passage; which they frequentlyeffected, by hiring themselves on their arrival, as is before mentioned. In some States, I know that these people had a right of marryingthemselves, without their master's leave, and I did suppose they hadthat right every where. I did not know, that, in any of the States, theydemanded so much as a week for every day's absence, without leave. I suspect this must have been at a very early period, while thegovernments were in the hands of the first emigrants, who, being mostlylaborers, were narrow-minded and severe. I know that in Virginia, thelaws allowed their servitude to be protracted only two days for everyone they were absent without leave. So mild was this kind of servitude, that it was very frequent for foreigners, who carried to America moneyenough, not only to pay their passage, but to buy themselves a farm, to indent themselves to a master for three years, for a certain sum ofmoney, with a view to learn the husbandry of the country. I will heremake a general observation. So desirous are the poor of Europe to getto America, where they may better their condition, that, being unable topay their passage, they will agree to serve two or three years on theirarrival there, rather than not go. During the time of that service, theyare better fed, better clothed, and have lighter labor, than while inEurope. Continuing to work for hire, a few years longer, they buy afarm, marry, and enjoy all the sweets of a domestic society of theirown. The American governments are censured for permitting this speciesof servitude, which lays the foundation of the happiness of thesepeople. But what should these governments do? Pay the passage of allthose who choose to go into their country? They are not able; nor, were they able, do they think the purchase worth the price. Should theyexclude these people from their shores? Those who know their situationsin Europe and America, would not say, that this is the alternative whichhumanity dictates. It is said these people are deceived by those whocarry them over. But this is done in Europe. How can the Americangovernments prevent it? Should they punish the deceiver? It seems moreincumbent on the European government, where the act is done, and wherea public injury is sustained from it. However, it is only in Europe thatthis deception is heard of. The individuals are generally satisfied inAmerica, with their adventure, and very few of them wish not to havemade it. I must add, that the Congress have nothing to do with thismatter. It belongs to the legislatures of the several States. 

Page 26. '_Une puissance, en effet, _' &c. The account of the settlementof the colonies, which precedes this paragraph, shows that thatsettlement was not made by public authority, or at the public expense ofEngland; but by the exertions, and at the expense, of individuals. Henceit happened, that their constitutions were not formed systematically, but according to the circumstances which happened to exist in each. Hence, too, the principles of the political connection between theold and new countries were never settled. That it would have beenadvantageous to have settled them, is certain; and, particularly, tohave provided a body which should decide, in the last resort, all caseswherein both parties were interested. But it is not certain thatthat right would have been given, or ought to have been given, to theParliament; much less, that it resulted to the Parliament, withouthaving been given to it expressly. Why was it necessary, that thereshould have been a body to decide in the last resort? Because, it wouldhave been for the good of both parties. But this reason shows, it oughtnot to have been the Parliament, since that would have exercised it forthe good of one party only. 

Page 105. As to the change of the 8th article of Confederation, forquotaing requisitions of money on the States. 

By a report of the secretary of Congress, dated January the 4th, 1786, eight States had then acceded to the proposition; to wit, Massachusetts, Connecticut, New York, New Jersey, Pennsylvania, Maryland, Virginia, andNorth Carolina. 

Congress, on the 18th of April, 1783, recommended to the States toinvest them with a power, for twenty-five years, to levy an impost offive per cent, on all articles imported from abroad. New Hampshire, Massachusetts, Connecticut, New Jersey, Pennsylvania, Delaware, Virginia, North Carolina, and South Carolina, had complied with this, before the 4th of January, 1786. Maryland had passed an act for thesame purpose; but, by a mistake in referring to the date of therecommendation of Congress, the act failed of its effect. This wastherefore to be rectified. Since the 4th of January, the public paperstell us, that Rhode Island has complied fully with this recommendation. It remains still for New York and Georgia to do it. The exportationsof America, which are tolerably well known, are the best measure forestimating the importations. These are probably worth about twentymillions of dollars annually. Of course, this impost will pay theinterest of a debt to that amount. If confined to the foreign debt, it will pay the whole interest of that, and sink half a million of thecapital annually. The expenses of collecting this impost, will probablybe six per cent, on its amount, this being the usual expense ofcollection in the United States. This will be sixty thousand dollars. 

On the 30th of April, 1784, Congress recommended to the States, toinvest them with a power, for fifteen years, to exclude from their portsthe vessels of all nations, not having a treaty of commerce with them;and to pass, as to all nations, an act on the principles of the Britishnavigation act. Not that they were disposed to carry these powers intoexecution, with such as would meet them in fair and equal arrangementsof commerce; but that they might be able to do it against those whoshould not. On the 4th of January, 1786, New Hampshire, Massachusetts, Rhode Island, Connecticut, New York, Pennsylvania, Maryland, Virginia, and North Carolina, had done it: It remained for New Jersey, Delaware, South Carolina, and Georgia to do the same. 

in the mean time, the general idea has advanced before the demands ofCongress, and several States have passed acts, for vesting Congress withthe whole regulation of their commerce, reserving the revenue arisingfrom these regulations, to the disposal of the State in which it islevied. The States which, according to the public papers, have passedsuch acts, are New Hampshire, Massachusetts, Rhode Island, New Jersey, Delaware, and Virginia: but the Assembly of Virginia, apprehensive thatthis disjointed method of proceeding may fail in its effect, or be muchretarded, passed a resolution on the 21st of January, 1786, appointingcommissioners to meet others from the other States, whom they inviteinto the same measure, to digest the form of an act for investingCongress with, such powers over their commerce, as shall be thoughtexpedient, which act is to be reported to their several Assemblies fortheir adoption. This was the state of the several propositions relativeto the impost and regulation of commerce at the date of our latestadvices from America. 

Page 125. The General Assembly of Virginia, at their session in 1785, passed an act, declaring that the district called Kentucky shall be aseparate and independent State on these conditions. 1. That the peopleof that district shall consent to it. 2. That Congress shall consent toit, and shall receive them into the federal Union. 3. That they shalltake on themselves a proportionable part of the public debt of Virginia. 4. That they shall confirm all titles to lands within their districtmade by the State of Virginia before their separation. 

Page 139. It was in 1783, and not in 1781, that Congress quittedPhiladelphia. 

Page 140, '_Le Congrès qui se trouvoit a la portée des rebelles futeffrayé. _' I was not present on this occasion, but, I have had relationsof the transaction from several who were. The conduct of Congress wasmarked with indignation and firmness. They received no propositions fromthe mutineers. They came to the resolutions which may be seen in thejournals of June the 21st, 1783, then adjourned regularly and wentthrough the body of the mutineers to their respective lodgings. The measures taken by Dickinson, the President of Pennsylvania, for punishing this insult, not being satisfactory to Congress, theyassembled nine days after at Princeton, in Jersey. The people ofPennsylvania sent petitions, declaring their indignation at what hadpassed, their devotion to the federal head, and their dispositionsto protect it, and praying them to return; the legislature as soon asassembled did the same thing; the Executive, whose irresolution had beenso exceptionable, made apologies. But Congress were now removed; and tothe opinion that this example was proper, other causes were now addedsufficient to prevent their return to Philadelphia. 

Page 155, I. 2. Omit '_La dette actuelle, _' &c. 

And also, '_Les details, _' &c. &c. To the end of the paragraph, '_cellesdes Etats Unis_' page 156. The reason is, that these passages seem tosuppose that the several sums emitted by Congress at different times, amounting nominally to two hundred millions of dollars, had beenactually worth that at the time of emission, and of course, that thesoldiers and others had received that sum from Congress. But nothing isfurther from the truth. The soldier, victualler, or other persons whoreceived forty dollars for a service at the close of the year 1779, received, in fact, no more than he who received one dollar for the sameservice in the year 1775, or 1776; because in those years the papermoney was at par with silver; whereas, by the close of 1779, fortypaper dollars were worth but one of silver, and would buy no more of thenecessaries of life. To know what the monies emitted by Congress wereworth to the people at the time they received them, we will state thedate and amount of every several emission, the depreciation of papermoney at the time, and the real worth of the emission in silver or gold. 

 [Illustration: Depreciation of Money 1775-1779, page411]

 [* The sum actually voted was 50, 000, 400, but part of it was for exchange of old bills, without saying how much. It is presumed that these exchanges absorbed 25, 552, 780, because the remainder 24, 447, 620, with all the other emissions preceding September 2nd, 1779, will amount to 159, 948, 880, the sum which Congress declared to be then in circulation. ]

Thus it appears that the two hundred millions of dollars, emitted byCongress, were worth to those who received them, but about thirty-sixmillions of silver dollars. If we estimate at the same value the likesum of two hundred millions, supposed to have been emitted by theStates, and reckon the Federal debt, foreign and domestic, at aboutforty-three millions, and the State debts at about twenty-five millions, it will form an amount of one hundred and forty millions of dollars, orseven hundred and thirty-five millions of livres Tournois, the totalsum which the war has cost the inhabitants of the United States. Itcontinued eight years, from the battle of Lexington to the cessationof hostilities in America. The annual expense then was about seventeenmillions and five hundred thousand dollars, while that of our enemieswas a greater number of guineas. 

It will be asked, how will the two masses of Continental and of Statemoney have cost the people of the United States seventy-two millionsof dollars, when they are to be redeemed now with about six millions? Ianswer, that the difference, being sixty-six millions, has been lost onthe paper bills separately by the successive holders of them. Everyone through whose hands a bill passed lost on that bill what it lost invalue, during the time it was in his hands. This was a real tax on him;and in this way, the people of the United States actually contributedthose sixty-six millions of dollars during the war, and by a mode oftaxation the most oppressive of all, because the most unequal of all. 

Page 166; bottom line. Leave out 'Et c'est une autre économie, ' &c. Thereason of this is, that in 1784, purchases of lands were to be madeof the Indians, which were accordingly made. But in 1785 they did notpropose to make any purchase. The money desired in 1785, five thousanddollars, was probably to pay agents residing among the Indians, orbalances of the purchases of 1784. These purchases will not be madeevery year; but only at distant intervals, as our settlements areextended: and it may be regarded as certain, that not a foot of landwill ever be taken from the Indians without their own consent. Thesacredness of their rights is felt by all thinking persons in America, as much as in Europe. 

Page 170. Virginia was quotaed the highest of any State in the Union. But during the war several States appear to have paid more, becausethey were free from the enemy, whilst Virginia was cruelly ravaged. Therequisition of 1784 was so quotaed on the several States, as to bringup their arrearages; so that, when they should have paid the sums thendemanded, all would be on an equal footing. It is necessary to give afurther explanation of this requisition. The requisitions of one millionand two hundred thousand dollars, of eight millions, and two millions, had been made during the war, as an experiment to see whether in thatsituation the States could furnish the necessary supplies. It was foundthey could not. The money was thereupon obtained by loans in Europe: andCongress meant by their requisition of 1784, to abandon the requisitionsof one million and two hundred thousand dollars, and of two millions, and also one half of the eight millions. But as all the States almosthad made some payments in part of that requisition, they were obligedto retain such a proportion of it as would enable them to call for equalcontributions from all the others. 

Page 170. I cannot say how it has happened, that the debt of Connecticutis greater than that of Virginia. The latter is the richest inproductions, and, perhaps, made greater exertions to pay for hersupplies in the course of the war. 

Page 172. '_Les Americains levant après une banqueroute, _ &c. Theobjections made to the United States being here condensed together in ashort compass, perhaps it would not be improper to condense the answersin as small a compass in some such form as follows. That is, after thewords '_aucun espoir, _' add, 'But to these charges it may be justlyanswered, that those are no bankrupts who acknowledge the sacrednessof their debts in their just and real amount, who are able within areasonable time to pay them, and who are actually proceeding in thatpayment; that they furnish, in fact, the supplies necessary for thesupport of their government; that their officers and soldiers aresatisfied, as the interest of their debt is paid regularly, and theprincipal is in a course of payment; that the question, whether theyfought ill should be asked of those who met them at Bunker's Hill, Bennington, Stillwater, King's Mountain, the Cowpens, Guilford, and theEutaw. And that the charges of ingratitude, madness, infidelity, andcorruption, are easily made by those to whom falsehoods cost nothing;but that no instances in support of them have been produced or can beproduced. '

Page 182. '_Les officiers et les soldats ont été payés_, ' &c. Thebalances due to the officers and soldiers have been ascertained, and acertificate of the sum given to each; on these the interest is regularlypaid; and every occasion is seized of paying the principal by receivingthese certificates as money whenever public property is sold, till amore regular and effectual method can be taken for paying the whole. 

Page 191. '_Quoique la loi dont nous parlons, ne s'observe plus enAngleterre_. ' 'An alien born may purchase lands or other estates, butnot for his own use; for the King is thereupon entitled to them. ' 'Yetan alien may acquire a property in goods, money, and other personalestate, or may hire a house for his habitation. For this is necessaryfor the advancement of trade. ' 'Also, an alien may bring an actionconcerning personal property, and may make a will and dispose of hispersonal estate. ' When I mention these rights of an alien, I must beunderstood of alien friends only, or such whose countries are in peacewith ours; for alien enemies have no rights, no privileges, unless bythe King's special favor during the time of war. 'Blackstone, B. 1. C. 10. Page 372. 'An alien friend may have personal actions, but not real; analien enemy shall have neither real, personal, nor mixed actions. Thereason why an alien friend is allowed to maintain a personal action is, because he would otherwise be incapacitated to merchandise, which may beas much to our prejudice as his. ' Cunningham's Law Diet, title, Aliens. The above is the clear law of England, practised from the earliest agesto this day, and never denied. The passage quoted by M. De Meusnier fromBlack-stone, c. 26. Is from his chapter 'Of title to things personalby occupancy. ' The word 'personal' shows that nothing in this chapterrelates to lands which are real estate; and therefore, this passage doesnot contradict the one before quoted from the same author (1. B. C. 10. ), which says, that the lands of an alien belong to the King. The words, 'of title by occupancy, ' show, that it does not relate to debts, whichbeing a moral existence only, cannot be the subject of occupancy. Blackstone, in this passage (B. 2. C. 26. ), speaks only of personal goodsof an alien, which another may find and seize as prime occupant. 

Page 193. '_Le remboursement presentera des difficultés des sommesconsidérables_, ' &c. There is no difficulty nor doubt on this subject. Every one is sensible how this is to be ultimately settled. Neitherthe British creditor, nor the State, will be permitted to lose by thesepayments. The debtor will be credited for what he paid, according towhat it was really worth at the time he paid it, and he must pay thebalance. Nor does he lose by this; for if a man who owed one thousanddollars to a British merchant, paid eight hundred paper dollars intothe treasury, when the depreciation was at eight for one, it is clear hepaid but one hundred real dollars, and must now pay nine hundred. It isprobable he received those eight hundred dollars for one hundred bushelsof wheat, which were never worth more than one hundred silver dollars. He is credited, therefore, the full worth of his wheat. The equivoque isin the use of the word 'dollar. '

Page 226. '_Qu'on abolisse les privilèges du clergé_. ' This privilege, originally allowed to the clergy, is now extended to every man, and evento women. It is a right of exemption from capital punishment for thefirst offence in most cases. It is then a pardon by the law. In othercases, the Executive gives the pardon. But when laws are made as mild asthey should be, both those pardons are absurd. The principle of Beccariais sound. Let the legislators be merciful, but the executors of the lawinexorable. As the term 'privilèges du clergé' may be misunderstoodby foreigners, perhaps it will be better to strike it out here andsubstitute the word 'pardon. '

Page 239. '_Les commissaires veulent_, ' &c. Manslaughter is the killinga man with design, but in a sudden gust of passion, and where the killerhas not had time to cool. The first offence is not punished capitally, but the second is. This is the law of England and of all the AmericanStates; and is not a new proposition. Those laws have supposed that aman, whose passions have so much dominion over him, as to lead him torepeated acts of murder, is unsafe to society: that it is better heshould be put to death by the law, than others more innocent thanhimself on the movements of his impetuous passions. 

Ibid. '_Mal-aisé d'indiquer la nuance précise, _' &c. In forming a scaleof crimes and punishments, two considerations have principal weight. 1. The atrocity of the crime. 2. The peculiar circumstances of a country, which furnish greater temptations to commit it, or greater facilitiesfor escaping detection, The punishment must be heavier to counterbalancethis. Were the first the only consideration, all nations would form thesame scale. But as the circumstances of a country have influence onthe punishment, and no two countries exist precisely under the samecircumstances, no two countries will form the same scale of crimes andpunishments. For example; in America the inhabitants let their horses goat large in the uninclosed lands which are so extensive as to maintainthem altogether. It is easy, therefore, to steal them and easy toescape. Therefore the laws are obliged to oppose these temptations witha heavier degree of punishment. For this reason the stealing of a horsein America is punished more severely, than stealing the same value inany other form. In Europe where horses are confined so securely, that itis impossible to steal them, that species of theft need not be punishedmore severely than any other. In some countries of Europe, stealingfruit from trees in punished capitally. The reason is, that it beingimpossible to lock fruit trees up in coffers, as we do our money, it isimpossible to oppose physical bars to this species of theft. Moral onesare therefore opposed by the laws. This to an unreflecting Americanappears the most enormous of all the abuses of power; because he hasbeen used to see fruits hanging in such quantities, that if not taken bymen they would rot: he has been used to consider them therefore as ofno value, and as not furnishing materials for the commission of acrime. This must serve as an apology for the arrangement of crimes andpunishments in the scale under our consideration. A different one wouldbe formed here; and still different ones in Italy, Turkey, China, &c. 

Page 240. '_Les officiers Americains, _' &c. To page 264, '_qui leméritoient_. ' I would propose to new-model this section in the followingmanner, 1. Give a succinct history of the origin and establishment ofthe Cincinnati. 2. Examine whether in its present form it threatensany dangers to the State. 3. Propose the most practicable method ofpreventing them. 

Having been in America during the period in which this institution wasformed, and being then in a situation which gave me opportunitiesof seeing it in all its stages, I may venture to give M. De Meusniermaterials for the first branch of the preceding distribution of thesubject. The second and third he will best execute himself. I shouldwrite its history in the following form. When on the close of that warwhich established the independence of America, its army was about to bedisbanded, the officers, who, during the course of it, had gone throughthe most trying scenes together, who by mutual aids and good officeshad become dear to one another, felt with great oppression of mind theapproach of that moment which was to separate them, never perhaps tomeet again. They were from different States, and from distant partsof the same State. Hazard alone could therefore give them but rare andpartial occasions of seeing each other. They were of course to abandonaltogether the hope of ever meeting again, or to devise some occasionwhich might bring them together. And why not come together on purposeat stated times? Would not the trouble of such a journey be greatlyoverpaid by the pleasure of seeing each other again, by the sweetestof all consolations, the talking over the scenes of difficulty and ofendearment they had gone through? This too would enable them to know whoof them should succeed in the world, who should be unsuccessful, andto open the purses of all to every laboring brother. This idea was toosoothing not to be cherished in conversation. It was improved intothat of a regular association, with an organized administration, withperiodical meetings, general and particular, fixed contributions forthose who should be in distress, and a badge by which not only thosewho had not had occasion to become personally known should be able torecognise one another, but which should be worn by their descendants, to perpetuate among them the friendships which had bound their ancestorstogether. 

General Washington was, at that moment, oppressed with the operationof disbanding an army which was not paid, and the difficulty of thisoperation was increased, by some two or three States having expressedsentiments, which did not indicate a sufficient attention to theirpayment. He was sometimes present, when his officers were fashioning, intheir conversations, their newly proposed society. He saw the innocenceof its origin, and foresaw no effects less innocent. He was, at thattime, writing his valedictory letter to the States, which has been sodeservedly applauded by the world. Far from thinking it a moment tomultiply the causes of irritation, by thwarting a proposition which hadabsolutely no other basis but that of benevolence and friendship, he wasrather satisfied to find himself aided in his difficulties by this newincident, which occupied, and, at the same time, soothed the mindsof the officers. He thought, too, that this institution would beone instrument the more, for strengthening the federal bond, and forpromoting federal ideas. The institution was formed. They incorporatedinto it the officers of the French army and navy, by whose sides theyhad fought, and with whose aid they had finally prevailed, extending itto such grades, as they were told might be permitted to enter into it. They sent an officer to France, to make the proposition to them, and toprocure the badges which they had devised for their order. The moment ofdisbanding the army having come, before they could have a full meetingto appoint their President, the General was prayed to act in that officetill their first general meeting, which was to be held at Philadelphia, in the month of May following. 

The laws of the society were published. Men who read them in theirclosers, unwarmed by those sentiments of friendship which had producedthem, inattentive to those pains which an approaching separation hadexcited in the minds of the instituters, politicians, who see in everything only the dangers with which it threatens civil society, in fine, the laboring people, who, shielded by equal laws, had never seen anydifference between man and man, but had read of terrible oppressions, which people of their description experience in other countries, fromthose who are distinguished by titles and badges, began to be alarmed atthis new institution. A remarkable silence, however, was observed. Their solicitudes were long confined within the circles of privateconversation. At length, however, a Mr. Burke, Chief Justice of SouthCarolina, broke that silence. He wrote against the new institution, foreboding its dangers, very imperfectly indeed, because he had nothingbut his imagination to aid him. An American could do no more; for todetail the real evils of aristocracy, they must be seen in Europe. Burke's fears were thought exaggerations in America; while in Europe, it is known that even Mirabeau has but faintly sketched the curses ofhereditary aristocracy, as they are experienced here, and as they wouldhave followed in America, had this institution remained. The epigraphof Burke's pamphlet, was 'Blow ye the trumpet in Zion. ' Its effectcorresponded with its epigraph. This institution became, first, thesubject of general conversation. Next, it was made the subject ofdeliberation in the legislative Assemblies of some of the States. TheGovernor of South Carolina censured it, in an address to the Assemblyof that State. The Assemblies of Massachusetts, Rhode Island, andPennsylvania condemned its principles. No circumstance, indeed, broughtthe consideration of it expressly before Congress; yet it had sunk deepinto their minds. An offer having been made to them, on the part ofthe Polish order of Divine Providence, to receive some of theirdistinguished citizens into that order, they made that an occasion todeclare, that these distinctions were contrary to the principles oftheir Confederation. 

The uneasiness excited by this institution had very early caught thenotice of General Washington. Still recollecting all the purity of themotives which gave it birth, he became sensible that it might producepolitical evils, which the warmth of those motives had masked. Add tothis, that it was disapproved by the mass of citizens of the Union. This, alone, was reason strong enough, in a country where the willof the majority is the law, and ought to be the law. He saw thatthe objects of the institution were too light to be opposed toconsiderations as serious as these; and that it was become necessary toannihilate it absolutely. On this, therefore, he was decided. Thefirst annual meeting at Philadelphia was now at hand; he went to that, determined to exert all his influence for its suppression. He proposedit to his fellow officers, and urged it with all his powers. It met anopposition which was observed to cloud his face with an anxiety, thatthe most distressful scenes of the war had scarcely ever produced. Itwas canvassed for several days, and, at length, it was no more a doubt, what would be its ultimate fate. The order was on the point of receivingits annihilation, by the vote of a great majority of its members. Inthis moment, their envoy arrived from France, charged with letters fromthe French officers, accepting with cordiality the proposed badges ofunion, with solicitations from others to be received into the order, and with notice that their respectable Sovereign had been pleasedto recognise it, and to permit his officers to wear its badges. Theprospect was now changed. The question assumed a new form. After theoffer made by them, and accepted by their friends, in what wordscould they clothe a proposition to retract it, which would not coverthemselves with the reproaches of levity and ingratitude? which wouldnot appear an insult to those whom they loved? Federal principles, popular discontent, were considerations, whose weight was known and feltby themselves. But would foreigners know and feel them equally? Wouldthey so far acknowledge their cogency, as to permit, without anyindignation, the eagle and ribbon to be torn from their breasts, bythe very hands which had placed them there? The idea revolted the wholesociety. They found it necessary, then, to preserve so much of theirinstitution as might continue to support this foreign branch, while theyshould prune off every other, which would give offence to their fellowcitizens: thus sacrificing, on each hand, to their friends and to theircountry. 

The society was to retain its existence, its name, its meetings, andits charitable funds: but these last were to be deposited with theirrespective legislatures. The order was to be no longer hereditary; areformation, which had been pressed even from this side the Atlantic; itwas to be communicated to no new members; the general meetings, insteadof annual, were to be triennial only. The eagle and ribbon, indeed, wereretained, because they were worn, and they wished them to be worn, bytheir friends who were in a country where they would not be objectsof offence; but themselves never wore them. They laid them up in theirbureaus, with the medals of American Independence, with those of thetrophies they had taken, and the battles they had won. But through allthe United States, no officer is seen to offend the public eye with thedisplay of this badge. These changes have tranquillized the AmericanStates. Their citizens feel too much interest in the reputation of theirofficers, and value too much whatever may serve to recall to the memoryof their allies, the moments wherein they formed but one people, not todo justice to the circumstance which prevented a total annihilation ofthe order. Though they are obliged by a prudent foresight, to keep outevery thing from among themselves, which might pretend to divide theminto orders, and to degrade one description of men below another, yetthey hear with pleasure, that their allies, whom circumstances havealready placed under these distinctions, are willing to consider it asone, to have aided them in the establishment of their liberties, and towear a badge which may recall them to their remembrance; and it wouldbe an extreme affliction to them, if the domestic reformation which hasbeen found necessary, if the censures of individual writers, or if anyother circumstance, should discourage the wearing of their badge, orlessen its reputation. 

This short but true, history of the order of the Cincinnati, taken fromthe mouths of persons on the spot, who were privy to its origin andprogress, and who know its present state, is the best apology which canbe made for an institution, which appeared to be, and was really, soheterogeneous to the governments in which it was erected. 

It should be further considered, that, in America, no other distinctionbetween man and man had ever been known, but that of persons in office, exercising powers by authority of the laws, and private individuals. Among these last, the poorest laborer stood on equal ground with thewealthiest millionary, and generally, on a more favored one, whenevertheir rights seemed to jar. It has been seen that a shoemaker, or otherartisan, removed by the voice of his country from his work-bench, into achair of office, has instantly commanded all the respect and obedience, which the laws ascribe to his office. But of distinctions by birth orbadge, they had no more idea than they had of the mode of existence inthe moon or planets. They had heard only that there were such, and knewthat they must be wrong. A due horror of the evils which flow from thesedistinctions, could be excited in Europe only, where the dignity of manis lost in arbitrary distinctions, where the human species is classedinto several stages of degradation, where the many are crouched underthe weight of the few, and where the order established can present tothe contemplation of a thinking being, no other picture, than thatof God Almighty and his angels, trampling under foot the host of thedamned. No wonder, then, that the institution of the Cincinnati shouldbe innocently conceived by one order of American citizens, should raisein the other orders, only a slow, temperate, and rational opposition, and should be viewed in Europe as a detestable parricide. 

The second and third branches of this subject, nobody can better executethan M. De Meusnier. Perhaps it may be curious to him to see how theystrike an American mind at present. He shall, therefore, have the ideasof one, who was an enemy to the institution from the first moment ofits conception, but who was always sensible, that the officers neitherforesaw nor intended the injury they were doing to their country. 

As to the question, then, whether any evil can proceed from theinstitution, as it stands at present, I am of opinion there may. 1. From the meetings. These will keep the officers formed into a body; willcontinue a distinction between the civil and military, which, it wouldbe for the good of the whole to obliterate, as soon as possible; andmilitary assemblies will not only keep alive the jealousies and fears ofthe civil government, but give ground for these fears and jealousies. Forwhen men meet together, they will make business, if they have none; theywill collate their grievances, some real, some imaginary, all highlypainted; they will communicate to each other the sparks of discontent;and these may engender a flame, which will consume their particular, aswell as the general happiness. 2. The charitable part of the institutionis still more likely to do mischief, as it perpetuates the dangersapprehended in the preceding clause. For here is a fund provided, ofpermanent existence. To whom will it belong? To the descendants ofAmerican officers, of a certain description. These descendants, then, will form a body, having a sufficient interest to keep up an attentionto their description, to continue meetings, and perhaps, in some moment, when the political eye shall be slumbering, or the firmness of theirfellow citizens relaxed, to replace the insignia of the order, andrevive all its pretensions. What good can the officers propose, whichmay weigh against these possible evils? The securing their descendantsagainst want? Why afraid to trust them to the same fertile soil, andthe same genial climate, which will secure from want the descendantsof their other fellow citizens? Are they afraid they will be reduced tolabor the earth for their sustenance? They will be rendered thereby bothmore honest and happy. An industrious farmer occupies a more dignifiedplace in the scale of beings, whether moral or political, than a lazylounger, valuing himself on his family, too proud to work, and drawingout a miserable existence, by eating on that surplus of other men'slabor, which is the sacred fund of the helpless poor. A pitiful annuitywill only prevent them from exerting that industry and those talents, which would soon lead them to better fortune. 

How are these evils to be prevented? 1. At their first general meeting, let them distribute the funds on hand to the existing objects of theirdestination, and discontinue all further contributions. 2. Let themdeclare, at the same time, that their meetings, general and particular, shall thenceforth cease. 3. Let them melt up their eagles, and addthe mass to the distributable fund, that their descendants may have notemptation to hang them in their button-holes. 

These reflections are not proposed as worthy the notice of M. DeMeusnier. He will be so good as to treat the subject in his own way, andno body has a better. I will only pray him to avail us of his forciblemanner, to evince that there is evil to be apprehended, even from theashes of this institution, and to exhort the society in America tomake their reformation complete; bearing in mind, that we must keep thepassions of men on our side, even when we are persuading them to do whatthey ought to do. 

Page 268. '_Et en effet la population_, ' &c. Page 270. '_Plus deconfiance_. '

To this, we answer, that no such census of the numbers was ever givenout by Congress, nor ever presented to them: and further, thatCongress never have, at any time, declared by their vote, the number ofinhabitants in their respective States. On the 22nd of June, 1775, theyfirst resolved to emit paper money. The sum resolved on was two millionsof dollars. They declared, then, that the twelve confederate colonies(for Georgia had not yet joined them) should be pledged for theredemption of these bills. To ascertain in what proportion each Stateshould be bound, the members from each were desired to say, as nearly asthey could, what was the number of the inhabitants of their respectiveStates. They were very much unprepared for such a declaration. Theyguessed, however, as well as they could. The following are the numbers, as they conjectured them, and the consequent apportionment of the twomillions of dollars. 

[Illustration: Population Estimates--1775, page422]

Georgia, having not yet acceded to the measures of the other States, wasnot quotaed; but her numbers were generally estimated at about thirtythousand, and so would have made the whole, two million four hundredand forty-eight thousand persons, of every condition. But it is tobe observed, that though Congress made this census the basis of theirapportionment, yet they did not even give it a place on their journals;much less, publish it to the world with their sanction. The way it gotabroad was this. As the members declared from their seats the number ofinhabitants which they conjectured to be in their State, the secretaryof Congress wrote them on a piece of paper, calculated the portion oftwo millions of dollars, to be paid by each, and entered the sum only inthe journals. The members, however, for their own satisfaction, and theinformation of their States, took copies of this enumeration, and sentthem to their States. From thence, they got into the public papers: andwhen the English news-writers found it answer their purpose to comparethis with the enumeration of 1783, as their principle is 'to lie boldly, that they may not be suspected of lying, ' they made it amount to threemillions one hundred and thirty-seven thousand eight hundred and nine, and ascribed its publication to Congress itself. 

in April, 1785, Congress being to call on the States to raise a millionand a half of dollars annually, for twenty-five years, it was necessaryto apportion this among them. The States had never furnished them withtheir exact numbers. It was agreed, too, that in this apportionment, five slaves should be counted as three freemen only. The preparationof this business was in the hands of a committee; they applied to themembers for the best information they could give them, of the numbersof their States. Some of the States had taken pains to discover theirnumbers. Others had done nothing in that way, and, of course, were nowwhere they were in 1775, when their members were first called on todeclare their numbers. Under these circumstances, and on the principleof counting three fifths only of the slaves, the committee apportionedthe money among the States, and reported their work to Congress. Inthis, they had assessed South Carolina as having one hundred and seventythousand inhabitants. The delegates for that State, however, prevailedon Congress to assess them on the footing of one hundred and fiftythousand only, in consideration of the state of total devastation, inwhich the enemy had left their country. The difference was then laid onthe other States, and the following was the result. 

[Illustration: Population Estimates--1785, page424]

Still, however, Congress refused to give the enumeration the sanction ofa place on their journals, because it was not formed on such evidence, as a strict attention to accuracy and truth required. They used it fromnecessity, because they could get no better rule, and they entered ontheir journals only the apportionment of money. The members, however, asbefore, took copies of the enumeration, which was the ground work ofthe apportionment, sent them to their States, and thus, this secondenumeration got into the public papers, and was, by the English, ascribed to Congress, as their declaration of their present numbers. To get at the real numbers which this enumeration supposes, we must addtwenty thousand to the number, on which South Carolina was quotaed; wemust consider, that seven hundred thousand slaves are counted but asfour hundred and twenty thousand persons, and add, on that account, twohundred and eighty thousand. This will give us a total of two millionssix hundred and thirty-nine thousand three hundred inhabitants, of everycondition, in the thirteen States; being two hundred and twenty-onethousand three hundred more, than the enumeration of 1775, instead ofseven hundred and ninety-eight thousand five hundred and nine less, which the English papers asserted to be the diminution of numbers, inthe United States, according to the confession of Congress themselves. 

Page 272. '_Comportera, peut être, une population de 30, 000, 000_. ' Theterritory of the United States contains about a million of square miles, English. There is, in them, a greater proportion of fertile lands, thanin the British dominions in Europe. Suppose the territory of the UnitedStates, then, to attain an equal degree of population, with the BritishEuropean dominions; they will have an hundred millions of inhabitants. Let us extend our views to what may be the population of the twocontinents of North and South America, supposing them divided at thenarrowest part of the isthmus of Panama. Between this line and thatof 50° of north latitude, the northern continent contains about fivemillions of square miles, and south of this line of division, thesouthern continent contains about seven millions of square miles. I donot pass the 50th degree of northern latitude in my reckoning, becausewe must draw a line somewhere, and considering the soil and climatebeyond that, I would only avail my calculation of it, as a make-weight, to make good what the colder regions, within that line, may be supposedto fall short in their future population. Here are twelve millions ofsquare miles, then, which, at the rate of population before assumed, will nourish twelve hundred millions of inhabitants, a number greaterthan the present population of the whole globe is supposed to amount to. If those who propose medals for the resolution of questions, about whichnobody makes any question, those who have invited discussion on thepretended problem, Whether the discovery of America was for the goodof mankind? if they, I say, would have viewed it only as doublingthe numbers of mankind, and, of course, the quantum of existence andhappiness, they might have saved the money and the reputation whichtheir proposition has cost them. The present population of the inhabitedparts of the United States is of about ten to the square mile; andexperience has shown us, that wherever we reach that, the inhabitantsbecome uneasy, as too much compressed, and go off, in great numbers, to search for vacant country. Within forty years, their whole territorywill be peopled at that rate. We may fix that, then, as the term, beyondwhich the people of those States will not be restrained within theirpresent limits; we may fix that population, too, as the limit which theywill not exceed, till the whole of those two continents are filled upto that mark; that is to say, till they shall contain one hundred andtwenty millions of inhabitants. The soil of the country, on the westernside of the Mississippi, its climate, and its vicinity to the UnitedStates, point it out as the first which will receive population fromthat nest. The present occupiers will just have force enough to repressand restrain the emigrations, to a certain degree of consistence. Wehave seen, lately, a single person go, and decide on a settlement inKentucky, many hundred miles from any white inhabitant, remove thitherwith his family and a few neighbors, and though perpetually harassedby the Indians, that settlement in the course of ten years has acquiredthirty thousand inhabitants; its numbers are increasing while we arewriting, and the State, of which it formerly made a part, has offered itindependence. 

Page 280, line five. '_Huit des onze Etats_, ' &c. Say, 'there were tenStates present; six voted unanimously for it, three against it, and onewas divided: and seven votes being requisite to decide the propositionaffirmatively, it was lost. The voice of a single individual of theState which was divided, or of one of those which were of the negative, would have prevented this abominable crime from spreading itself overthe new country. Thus we see the fate of millions unborn, hanging on thetongue of one man, and Heaven was silent in that awful moment! But itis to be hoped it will not always be silent, and that the friends to therights of human nature will, in the end, prevail. 

On the 16th of March, 1785, it was moved in Congress, that the sameproposition should be referred to a committee, and it was referred bythe votes of eight States against three. We do not hear that any thingfurther is yet done on it. '

Page 286. '_L'autorité du Congrès étoit nécessaire_. ' The substance ofthe passage alluded to, in the journal of Congress, May the 26th, 1784, is, 'That the authority of Congress to make requisitions of troops, during peace, is questioned; that such an authority would be dangerous, combined with the acknowledged one of emitting or of borrowing money;and that a few troops only, being wanted, to guard magazines andgarrison the frontier posts, it would be more proper, at present, torecommend than to require. '

*****

Mr. Jefferson presents his compliments to M. De Meusnier, and sends himcopies of the thirteenth, twenty-third, and twenty-fourth articles ofthe treaty between the King of Prussia and the United States. 

If M. De Meusnier proposes to mention the facts of cruelty, of whichhe and Mr Jefferson spoke yesterday, the twenty-fourth article willintroduce them properly, because they produced a sense of the necessityof that article. These facts are, 1. The death of upwards of eleventhousand American prisoners, in one prison-ship (the Jersey), and in thespace of three years. 2. General Howe's permitting our prisoners, takenat the battle of Germantown, and placed under a guard, in the yardof the State-house of Philadelphia, to be so long without any foodfurnished them, that many perished with hunger. Where the bodies lay, it was seen that they had eaten all the grass around them, within theirreach, after they had lost the power of rising or moving from theirplace. 3. The second fact was the act of a commanding officer: thefirst, of several commanding officers, and, for so long a time, as mustsuppose the approbation of government. But the following was the actof government itself. During the periods that our affairs seemedunfavorable, and theirs successful, that is to say, after the evacuationof New York, and again after the taking of Charleston, in SouthCarolina, they regularly sent our prisoners, taken on the seas andcarried to England, to the East Indies. This is so certain, that inthe month of November or December, 1785, Mr. Adams having officiallydemanded a delivery of the American prisoners sent to the East Indies, Lord Caermarthen answered, officially, 'that orders were immediatelyissued for their discharge. ' M. De Meusnier is at liberty to quote thisfact. 4. A fact, to be ascribed not only to the government, but to theparliament, who passed an act for that purpose, in the beginning of thewar, was the obliging our prisoners, taken at sea, to join them, andfight against their countrymen. This they effected by starving andwhipping them. The insult on Captain Stanhope, which happened at Bostonlast year, was a consequence of this. Two persons, Dunbar and Lowthorp, whom Stanhope had treated in this manner (having particularly inflictedtwenty-four lashes on Dunbar), meeting him at Boston, attempted to beathim. But the people interposed, and saved him. The fact is referred toin that paragraph of the Declaration of Independence, which says, 'Hehas constrained our fellow citizens, taken captive on the high seas, to bear arms against their country, to become the executioners of theirfriends and brethren, or to fall themselves by their hands. ' This wasthe most afflicting to our prisoners, of all the cruelties exercised onthem. The others affected the body only, but this the mind; they werehaunted by the horror of having, perhaps, themselves shot the ball bywhich a father or a brother fell. Some of them had constancy enough tohold out against half-allowance of food and repeated whippings. Thesewere generally sent to England, and from thence to the East Indies. Oneof them escaped from the East Indies, and got back to Paris, where hegave an account of his sufferings to Mr. Adams, who happened to be thenat Paris. 

M. De Meusnier, where he mentions that the slave-law has been passedin Virginia, without the clause of emancipation, is pleased to mention, that neither Mr. Wythe nor Mr. Jefferson was present, to make theproposition they had meditated; from which, people, who do not givethemselves the trouble to reflect or inquire, might conclude, hastily, that their absence was the cause why the proposition was not made; and, of course, that there were not, in the Assembly, persons of virtue andfirmness enough to propose the clause for emancipation. This suppositionwould not be true. There were persons there, who wanted neither thevirtue to propose, nor talents to enforce the proposition, had they seenthat the disposition of the legislature was ripe for it. These worthycharacters would feel themselves wounded, degraded, and discouraged bythis idea. Mr. Jefferson would therefore be obliged to M. De Meusnier tomention it in some such manner as this. 'Of the two commissioners, whohad concerted the amendatory clause for the gradual emancipationof slaves, Mr. Wythe could not be present, he being a member of thejudiciary department, and Mr. Jefferson was absent on the legationto France. But there were not wanting in that Assembly, men of virtueenough to propose, and talents to vindicate this clause. But they saw, that the moment of doing it with success, was not yet arrived, and thatan unsuccessful effort, as too often happens, would only rivet stillcloser the chains of bondage, and retard the moment of delivery tothis oppressed description of men. What a stupendous, what anincomprehensible machine is man! who can endure toil, famine, stripes, imprisonment, and death itself, in vindication of his own liberty, and, the next moment, be deaf to all those motives whose power supported himthrough his trial, and inflict on his fellow men a bondage, one hour ofwhich is fraught with more misery, than ages of that which he rose inrebellion to oppose! But we must await, with patience, the workingsof an overruling Providence, and hope that that is preparing thedeliverance of these our suffering brethren. When the measure of theirtears shall be full, when their groans shall have involved heaven itselfin darkness, doubtless, a God of justice will awaken to their distress, and by diffusing light and liberality among their oppressors, or, atlength, by his exterminating thunder, manifest his attention to thethings of this world, and that they are not left to the guidance of ablind fatality. '

 [The following are the articles of the treaty with Prussia, referred to in the preceding observations. ]

Article 13. And in the same case, of one of the contracting partiesbeing engaged in war with any other power, to prevent all thedifficulties and misunderstandings, that usually arise respecting themerchandise heretofore called contraband, such as arms, ammunition, andmilitary stores of every kind, no such articles, carried in the vessels, or by the subjects or citizens of one of the parties, to the enemies ofthe other, shall be deemed contraband, so as to induce confiscation orcondemnation, and a loss of property to individuals. Nevertheless, itshall be lawful to stop such vessels and articles, and to detain themfor such length of time, as the captors may think necessary to preventthe inconvenience or damage that might ensue from their proceeding, paying, however, a reasonable compensation for the loss such arrestshall occasion to the proprietors: and it shall further be allowedto use, in the service of the captors, the whole or any part of themilitary stores so detained, paying the owners the full value ofthe same, to be ascertained by the current price at the place of itsdestination. But in the case supposed, of a vessel stopped for articlesheretofore deemed contraband, if the master of the vessel stopped willdeliver out the goods supposed to be of contraband nature, he shall beadmitted to do it, and the vessel shall not, in that case be carriedinto any port, nor further detained, but shall be allowed to proceed onher voyage. 

Article 23. If war should arise between the two contracting parties, the merchants of either country, then residing in the other, shall beallowed to remain nine months to collect their debts, and settle theiraffairs, and may depart freely, carrying off all their effects, withoutmolestation or hindrance: and all women and children, scholars ofevery faculty, cultivators of the earth, artisans, manufacturers, andfishermen, unarmed, and inhabiting unfortified towns, villages, orplaces, and, in general, all others whose occupations are for the commonsubsistence and benefit of mankind, shall be allowed to continue theirrespective employments, and shall not be molested in their persons, norshall their houses be burned or otherwise destroyed, nor their fieldswasted by the armed force of the enemy, into whose power, by the eventsof war, they may happen to fall: but if any thing is necessary to betaken from them, for the use of such armed force, the same shall bepaid for at a reasonable price. And all merchant and trading vessels, employed in exchanging the products of different places, and therebyrendering the necessaries, conveniences, and comforts of human life moreeasy to be obtained, and more general, shall be allowed to pass free andunmolested. And neither of the contracting parties shall grant or issueany commission to any private armed vessels, empowering them to take ordestroy such trading vessels, or interrupt such commerce. 

Article 24. And to prevent the destruction of prisoners of war, bysending them into distant and inclement countries, or by crowding theminto close and noxious places, the two contracting parties solemnlypledge themselves to each other and the world, that they will not adoptany such practice: that neither will send the prisoners whom they maytake from the other, into the East Indies or any other parts of Asia orAfrica: but that they shall be placed in some part of their dominionsin Europe or America, in wholesome situations; that they shall not beconfined in dungeons, prison-ships, nor prisons, nor be put into irons, nor bound, nor otherwise restrained in the use of their limbs. Thatthe officers shall be enlarged, on their paroles, within convenientdistricts, and have comfortable quarters, and the common men be disposedin cantonments, open and extensive enough for air and exercise, andlodged in barracks as roomy and good, as are provided by the party, inwhose power they are, for their own troops; that the officers shallbe daily furnished by the party, in whose power they are, with as manyrations, and of the same articles and quality, as are allowed by them, either in kind or by commutation, to officers of equal rank in their ownarmy; and all others shall be daily furnished by them, with such rationsas they allow to a common soldier in their own service; the valuewhereof shall be paid by the other party, on a mutual adjustment ofaccounts for the subsistence of prisoners, at the close of the war:and the said accounts shall not be mingled with, or set off against anyothers, nor the balances due on them, be withheld as a satisfactionor reprisal for any other article, or for any other cause, realor pretended, whatever. That each party shall be allowed to keep acommissary of prisoners, of their own appointment, with every separatecantonment of prisoners in possession of the other, which commissaryshall see the prisoners as often as he pleases, shall be allowed toreceive and distribute whatever comforts may be sent to them by theirfriends, and shall be free to make his reports, in open letters, tothose who employ him. But if any officer shall break his parole, or anyother prisoner shall escape from the limits of his cantonment, afterthey shall have been designated to him, such individual officer, orother prisoner, shall forfeit so much of the benefit of this article, as provides for his enlargement on parole or cantonment. And it isdeclared, that neither the pretence that war dissolves all treaties, norany other whatever, shall be considered as annulling or suspending this, or the next preceding article, but, on the contrary, that the state ofwar is precisely that for which they are provided, and during which, they are to be as sacredly observed, as the most acknowledged articlesin the law of nature and nations. 

LETTER CLII. --TO MR. RITTENHOUSE, January 25, 1786

TO MR. RITTENHOUSE. 

Paris, January 25, 1786. 

Dear Sir, Your favor of September the 28th came to hand a few days ago. I thankyou for the details on the subject of the southern and western lines. There remains thereon, one article, however, which I will still begyou to inform me of; viz. How far is the western boundary beyond themeridian of Pittsburg? This information is necessary, to enable me totrace that boundary in my map. I shall be much gratified, also, witha communication of your observations on the curiosities of the westerncountry. It will not be difficult to induce me to give up the theory ofthe growth of shells, without their being the nidus of animals. It isonly an idea, and not an opinion with me. In the Notes, with which Itroubled you, I had observed that there were three opinions as to theorigin of these shells. 1. That they have been deposited even in thehighest mountains, by an universal deluge. 2. That they, with all thecalcareous stones and earths, are animal remains. 3. That they growor shoot as crystals do. I find that I could swallow the last opinion, sooner than either of the others; but I have not yet swallowed it. Another opinion might have been added, that some throe of nature hasforced up parts which had been the bed of the ocean. But have weany better proof of such an effort of nature, than of her shooting alapidific juice into the form of a shell? No such convulsion has takenplace in our time, nor within the annals of history: nor is the distancegreater, between the shooting of the lapidific juice into the form of acrystal or a diamond, which we see, and into the form of a shell, whichwe do not see, than between the forcing volcanic matter a little abovethe surface, where it is in fusion, which we see, and the forcing thebed of the sea fifteen thousand feet above the ordinary surface of theearth, which we do not see. It is not possible to believe any of thesehypotheses; and if we lean towards any of them, it should be onlytill some other is produced, more analogous to the known operations ofnature. In a letter to Mr. Hopkinson, I mentioned to him that theAbbe Rochon, who discovered the double refracting power in some of thenatural crystals, had lately made a telescope with the metal calledplatina, which, while it is as susceptible of as perfect a polish as themetal heretofore used for the specula of telescopes, is insusceptible ofrust, as gold and silver are. There is a person here, who has hit on anew method of engraving. He gives you an ink of his composition. Writeon copper plates, any thing of which you would wish to take severalcopies, and, in an hour, the plate will be ready to strike them off; soof plans, engravings, &c. This art will be amusing to individuals, ifhe should make it known. I send you herewith, the Nautical Almanacs for1786, 1787, 1788, 1789, 1790, which are as late as they are published. You ask, how you may reimburse the expense of these trifles? I answer, by accepting them; as the procuring you a gratification, is a higher oneto me than money. We have had nothing curious published lately. I do notknow whether you are fond of chemical reading. There are some things inthis science worth reading. I will send them to you, if you wish it. Mydaughter is well, and joins me in respects to Mrs. Rittenhouse and theyoung ladies. After asking when we are to have the Lunarium, I willclose with assurances of the sincere regard and esteem, with which I am, Dear Sir, your most obedient, humble servant, Th: Jefferson. 

LETTER CLIII. --TO A. STEWART, January 25, 1786

TO A. STEWART. 

Paris, January 25, 1786. 

Dear Sir, I have received your favor of the 17th of October, which, though youmention it as the third you have written me, is the first that hascome to hand. I sincerely thank you for the communications it contains. Nothing is so grateful to me, at this distance, as details, both greatand small, of what is passing in my own country. Of the latter, wereceive little here, because they either escape my correspondents, or are thought unworthy of notice. This, however, is a very mistakenopinion, as every one may observe, by recollecting, that when he hasbeen long absent from his neighborhood, the small news of that is themost pleasing, and occupies his first attention, either when he meetswith a person from thence, or returns thither himself. I still hope, therefore, that the letter, in which you have been so good as to give methe minute occurrences in the neighborhood of Monticello, may yet cometo hand, and I venture to rely on the many proofs of friendship I havereceived from you for a continuance of your favors. This will be themore meritorious, as I have nothing to give you in exchange. 

The quiet of Europe at this moment furnishes little which can attractyour notice. Nor will that quiet be soon disturbed, at least for thecurrent year. Perhaps it hangs on the life of the King of Prussia, andthat hangs by a very slender thread. American reputation in Europe isnot such as to be flattering to its citizens. Two circumstances areparticularly objected to us; the nonpayment of our debts, and the wantof energy in our government. These discourage a connection with us. Iown it to be my opinion, that good will arise from the destruction ofour credit. I see nothing else which can restrain our disposition toluxury, and to the change of those manners, which alone can preserverepublican government. As it is impossible to prevent credit, the bestway would be to cure its ill effects by giving an instantaneous recoveryto the creditor. This would be reducing purchases on credit to purchasesfor ready money. A man would then see a prison painted on every thing hewished, but had not ready money to pay for. 

I fear from an expression in your letter, that the people of Kentuckythink of separating, not only from Virginia (in which they are right), but also from the confederacy. I own, I should think this a mostcalamitous event, and such a one as every good citizen should sethimself against. Our present federal limits are not too large for goodgovernment, nor will the increase of votes in Congress produce any illeffect. On the contrary, it will drown the little divisions at presentexisting there. Our confederacy must be viewed as the nest from whichall America, North and South, is to be peopled. We should take care, too, not to think it for the interest of that great continent to presstoo soon on the Spaniards. Those countries cannot be in better hands. Myfear is, that they are too feeble to hold them till our populationcan be sufficiently advanced to gain it from them piece by piece. Thenavigation of the Mississippi we must have. This is all we are, as yet, ready to receive. I have made acquaintance with a very sensible, candidgentleman here, who was in South America during the revolt which tookplace there while our Revolution was going on. He says, that thosedisturbances (of which we scarcely heard any thing) cost, on both sides, an hundred thousand lives. 

I have made a particular acquaintance here with Monsieur de Buffon, andhave a great desire to give him the best idea I can of our elk. Perhapsyour situation may enable you to aid me in this. You could not oblige memore, than by sending me the horns, skeleton, and skin of an elk, wereit possible to procure them. The most desirable form of receiving themwould be to have the skin slit from the under jaw along the belly to thetail, and down the thighs to the knee, to take the animal out, leavingthe legs and hoofs, the bones of the head, and the horns attached tothe skin. By sewing-up the belly, &c. And stuffing the skin, it wouldpresent the form of the animal. However, as an opportunity of doing thisis scarcely to be expected, I shall be glad to receive them detached, packed in a box and sent to Richmond, to the care of Dr. Currie. Everything of this kind is precious here. And to prevent my adding to yourtrouble, I must close my letter with assurances of the esteem andattachment, with which I am, Dear Sir, your friend and servant, Th: Jefferson. 

LETTER CLIV. --TO THE COMMISSIONERS OF THE TREASURY, January 26, 1786

TO THE COMMISSIONERS OF THE TREASURY. 

Paris, January 26, 1786. 

Gentlemen, I have been duly honored by the receipt of your letter of December the6th, and am to thank you for the communications it contained onthe state of our funds and expectations here. Your idea, that thesecommunications, occasionally, may be useful to the United States, iscertainly just, as I am frequently obliged to explain our prospects ofpaying interest, &c. Which I should better do with fuller information. If you would be so good as to instruct Mr. Grand, always to furnish mewith a duplicate of those cash accounts which he furnishes to you, fromtime to time, and if you would be so good as to direct your secretary tosend me copies of such letters, as you transmit to Mr. Grand, advisinghim of the remittances he may expect, from time to time. I should, thereby, be always informed of the sum of money on hand here, and theprobable expectations of supply. Dr. Franklin, during his residencehere, having been authorized to borrow large sums of money, the disposalof that money seemed naturally to rest with him. It was Mr. Grand'spractice, therefore, never to pay money, but on his warrant. On hisdeparture, Mr. Grand sent all money drafts to me, to authorize theirpayment. I informed him, that this was in nowise within my province;that I was unqualified to direct him in it, and that were I to presumeto meddle, it would be no additional sanction to him. He refused, however, to pay a shilling without my order. I have been obliged, therefore, to a nugatory interference, merely to prevent the affairs ofthe United States from standing still. I need not represent to you theimpropriety of my continuing to direct Mr. Grand, longer than tillwe can receive your orders, the mischief which might ensue from theuncertainty in which this would place you, as to the extent to which youmight venture to draw on your funds here, and the little necessitythere is for my interference. Whenever you order a sum of money into Mr. Grand's hands, nothing will be more natural than your instructing himhow to apply it, so as that he shall observe your instructions alone. Among these, you would doubtless judge it necessary to give him onestanding instruction, to answer my drafts for such sums, as my officeauthorizes me to call for. These would be salary, couriers, postage, and such other articles as circumstances will require, which cannot bepreviously defined. These will never be so considerable as to endangerthe honor of your drafts. I shall certainly exercise in them thegreatest caution, and stand responsible to Congress. 

Mr. Grand conceives that he has suffered in your opinion, by anapplication of two hundred thousand livres, during the last year, differently from what the office of finance had instructed him. This wasa consequence of his being thought subject to direction here, and it isbut justice to relieve him from blame on that account, and to show thatit ought to fall, if any where, on Dr. Franklin, Mr. Adams, and myself. The case was thus. The monies here were exhausted, Mr. Grand was inadvance about fifty thousand livres, and the diplomatic establishmentsin France, Spain, and Holland, subsisting on his bounties, which theywere subject to see stopped every moment, and feared a protest on everybill. Other current expenses, too, were depending on advances from him, and though these were small in their amount, they sometimes involvedgreat consequences. In this situation, he received four hundred thousandlivres, to be paid to this government for one year's interest. Wethought the honor of the United States would suffer less by suspendinghalf the payment to this government, replacing Mr. Grand's advances, andproviding a fund for current expenses. We advised him so to do. I stillthink it was for the best, and I believe my colleagues have continuedto see the matter in the same point of view. We may have been biassed byfeelings excited by our own distressing situation. But certainly, as toMr. Grand, no blame belongs to him. We explained this matter in a letterto Congress, at the time, and justice requires this explanation to you, as I conjecture that the former one has not come to your knowledge. 

The two hundred thousand livres retained, as before mentioned, have beenapplied to the purposes described, to the payment of a year's interestto the French officers (which is about forty-two thousand livres), andother current expenses, which, doubtless, Mr. Grand has explained toyou. About a week ago, there remained in his hands but about twelvethousand livres. In this situation, the demands of the French officersfor a second year's interest were presented. But Mr. Grand observedthere were neither money nor orders for them. The payment of thesegentlemen, the last year, had the happiest effect imaginable; itprocured so many advocates for the credit and honor of the UnitedStates, who were heard, in all companies. It corrected the idea that wewere unwilling to pay our debts. I fear that our present failure towardsthem will give new birth to new imputations, and a relapse of credit. Under this fear I have written to Mr. Adams, to know whether he can havethis money supplied from the funds in Holland; though I have little hopefrom that quarter, because he had before informed me, that those fundswould be exhausted by the spring of the present year, and I doubt, too, whether he would venture to order these payments, without authority fromyou. I have thought it my duty to state these matters to you. 

I have had the honor of enclosing to Mr. Jay, Commodore Jones's receiptsfor one hundred and eighty-one thousand and thirty-nine livres, one soland ten deniers, prize-money, which (after deducting his own proportion)he is to remit to you, for the officers and soldiers who were under hiscommand. I take the liberty of suggesting, whether the expense and riskof double remittances might not be saved, by ordering it into the handsof Mr. Grand immediately, for the purposes of the treasury in Europe, while you could make provision at home for the officers and soldiers, whose demands will come in so slowly, as to leave you the use of a greatproportion of this money for a considerable time, and some of it forever. We could then, immediately, quiet the French officers. 

I have the honor to be, with the most perfect respect and esteem, Gentlemen, your most obedient

and most humble servant, Th: Jefferson. 

LETTER CLV. --TO MESSRS. BUCHANAN AND HAY, January 26, 1786

TO MESSRS. BUCHANAN AND HAY. 

Paris, January 26, 1786. 

Gentlemen, I had the honor of writing to you on the receipt of your orders toprocure draughts for the public buildings, and again on the 13th ofAugust. In the execution of these orders, two methods of proceedingpresented themselves to my mind. The one was, to leave to some architectto draw an external according to his fancy, in which way, experienceshows, that about once in a thousand times a pleasing form is hit upon;the other was, to take some model already devised, and approved by thegeneral suffrage of the world. I had no hesitation in deciding that thelatter was best, nor after the decision, was there any doubt what modelto take, There is at Nismes, in the south of France, a building, calledthe _Maison Quarrée_, erected in the time of the Cæsars, and which isallowed, without contradiction, to be the most perfect and preciousremain of antiquity in existence. Its superiority over any thing atRome, in Greece, at Balbec, or Palmyra, is allowed on all hands; andthis single object has placed Nismes in the general tour of travellers. Having not yet had leisure to visit it, I could only judge of it fromdrawings, and from the relation of numbers who had been to see it. I determined, therefore, to adopt this model, and to have all itsproportions justly observed. As it was impossible for a foreign artistto know what number and sizes of apartments would suit the differentcorps of our government, nor how they should be connected with oneanother, I undertook to form that arrangement, and this being done, Icommitted them to an architect (Monsieur Clerissauk), who had studiedthis art twenty years in Rome, who had particularly studied and measuredthe _Maison Quarrée_ of Nismes, and had published a book containing mostexcellent plans, descriptions, and observations on it. He was too wellacquainted with the merit of that building, to find himself restrainedby my injunctions not to depart from his model. In one instance, only, he persuaded me to admit of this. That was, to make the portico twocolumns deep only, instead of three, as the original is. His reason was, that this latter depth would too much darken the apartments. Economymight be added, as a second reason. I consented to it, to satisfyhim, and the plans are so drawn. I knew that it would still be easy toexecute the building with a depth of three columns, and it is what Iwould certainly recommend. We know that the Maison Quarrée has pleased, universally, for near two thousand years. By leaving out a column, theproportions will be changed, and perhaps the effect may be injured morethan is expected. What is good, is often spoiled by trying to make itbetter. 

The present is the first opportunity which has occurred of sending theplans. You will, accordingly, receive herewith the ground plan, theelevation of the front, and the elevation of the side. The architecthaving been much busied, and knowing that this was all which would benecessary in the beginning, has not yet finished the sections of thebuilding. They must go by some future occasion, as well as the modelsof the front and side, which are making in plaster of Paris. These wereabsolutely necessary for the guide of workmen, not very expert in theirart. It will add considerably to the expense, and I would not haveincurred it, but that I was sensible of its necessity. The price of themodel will be fifteen guineas. 1 shall know, in a few days, the cost ofthe drawings, which probably will be the triple of the model: however, this is but conjecture. I will make it as small as possible, pay it, andrender you an account in my next letter. You will find, on examination, that the body of this building covers an area but two fifths of thatwhich is proposed and begun; of course, it will take but about onehalf the bricks; and, of course, this circumstance will enlist all theworkmen, and people of the art, against the plan. Again, the buildingbegun is to have four porticoes; this but one. It is true that thiswill be deeper than those were probably proposed, but even if it be madethree columns deep, it will not take half the number of columns. Thebeauty of this is insured by experience, and by the suffrage of thewhole world: the beauty of that is problematical, as is every drawing, however well it looks on paper, till it be actually executed: and thoughI suppose there is more room in the plan begun, than in that now sent, yet there is enough in this for all the three branches of government, and more than enough is not wanted. This contains sixteen rooms; to wit, four on the first floor, for the General Court, Delegates, lobby, andconference. Eight on the second floor, for the Executive, the Senate, and six rooms for committees and juries: and over four of these smallerrooms of the second floor, are four mezzininos or entresols, serving asoffices for the clerks of the Executive, the Senate, the Delegates, andthe Court in actual session. It will be an objection, that the workis begun on the other plan. But the whole of this need not be taken topieces, and of what shall be taken to pieces, the bricks will do forinner work. Mortar never becomes so hard and adhesive to the bricks, ina few months, but that it may be easily chipped off. And upon the whole, the plan now sent will save a great proportion of the expense. 

Hitherto, I have spoken of the capital only. The plans for the prison, also, accompany this. They will explain themselves. I send, also, the plan of the prison proposed at Lyons, which was sent me by thearchitect, and to which we are indebted for the fundamental idea ofours. You will see, that of a great thing a very small one is made. Perhaps you may find it convenient to build, at first, only twosides, forming an L; but of this, you are the best judges. It has beensuggested to me, that fine gravel, mixed in the mortar, prevents theprisoners from cutting themselves out, as that will destroy their tools. In my letter of August the 13th, I mentioned that I could send workmenfrom hence. As I am in hopes of receiving your orders precisely, inanswer to that letter, I shall defer actually engaging any, till Ireceive them. In like manner, I shall defer having plans drawn for aGovernor's house, &c, till further orders; only assuring you, that thereceiving and executing these orders, will always give me a very greatpleasure, and the more, should I find that what I have done meets yourapprobation. 

I have the honor to be, with sentiments of the most perfect esteem, Gentlemen, your most obedient

and most humble servant, Th: Jefferson. 

LETTER CLVI. --TO JOHN ADAMS, February 7, 1786

TO JOHN ADAMS. 

Paris, February 7, 1786. 

Dear Sir, I am honored with yours of January the 19th. Mine of January the 12th, had not, I suppose, at that time got to your hands, as the receipt of itis unacknowledged. I shall be anxious till I receive your answer to it. 

I was perfectly satisfied before I received your letter, that youropinion had been misunderstood or misrepresented in the case of theChevalier de Mezieres. Your letter, however, will enable me to say sowith authority. It is proper it should be known, that you had not giventhe opinion imputed to you, though, as to the main question, it isbecome useless; Monsieur de Reyneval having assured me, that what I hadwritten on that subject had perfectly satisfied the Count de Vergennesand himself, that this case could never come under the treaty. Toevince, still further, the impropriety of taking up subjects gravely, on such imperfect information as this court had, I have this momentreceived a copy of an act of the Georgia Assembly, placing the subjectsof France, as to real estates, on the footing of natural citizens, andexpressly recognising the treaty. Would you think any thing could beadded, after this, to put this question still further out of doors? Agentleman of Georgia assured me, General Oglethorpe did not own a footof land in the State. I do not know whether there has been any Americandetermination on the question, whether American citizens and Britishsubjects, born before the Revolution, can be aliens to one another. I know there is an opinion of Lord Coke's, in Colvin's case, that ifEngland and Scotland should, in a course of descent, pass to separateKings, those born under the same sovereign during the union, wouldremain natural subjects and not aliens. Common sense urges someconsiderations against this. Natural subjects owe allegiance; but we owenone. Aliens are the subjects of a foreign power; we are subjects of aforeign power. The King, by the treaty, acknowledges our independence;how then can we remain natural subjects? The King's power is, by theconstitution, competent to the making peace, war, and treaties. He had, therefore, authority to relinquish our allegiance by treaty. But if anact of parliament had been necessary, the parliament passed an act toconfirm the treaty. So that it appears to me, that in this question, fictions of law alone are opposed to sound sense. 

I am in hopes Congress will send a minister to Lisbon. I know nocountry, with which we are likely to cultivate a more useful commerce. Ihave pressed this in my private letters. 

It is difficult to learn any thing certain here, about the French andEnglish treaty. Yet, in general, little is expected to be done betweenthem. I am glad to hear that the Delegates of Virginia had made the voterelative to English commerce, though they afterwards repealed it. Ihope they will come to again. When my last letters came away, theywere engaged in passing the revisal of their laws, with some smallalterations. The bearer of this, Mr. Lyons, is a sensible, worthy youngphysician, son of one of our judges, and on his return to Virginia. Remember me with affection to Mrs. And Miss Adams, Colonels Smith andHumphreys, and be assured of the esteem with which I am, Dear Sir, your friend and servant, Th: Jefferson. 

LETTER CLVII. --TO JAMES MADISON, February 8, 1786

TO JAMES MADISON. 

Paris, February 8, 1786. 

Dear Sir, My last letters were of the 1st and 20th of September, and the 28th ofOctober. Yours, unacknowledged, are of August the 20th, October the3rd, and November the 15th. I take this, the first safe opportunity, ofenclosing to you the bills of lading for your books, and two others foryour namesake of Williamsburg, and for the attorney, which I will prayyou to forward. I thank you for the communication of the remonstranceagainst the assessment. Mazzei, who is now in Holland, promised me tohave it published in the Leyden gazette. It will do us great honor. Iwish it may be as much approved by our Assembly, as by the wisest partof Europe. I have heard, with great pleasure, that our Assembly havecome to the resolution, of giving the regulation of their commerce tothe federal head. I will venture to assert, that there is not one of itsopposers, who, placed on this ground, would not see the wisdom of thismeasure. The politics of Europe render it indispensably necessary, that, with respect to every thing external, we be one nation only, firmlyhooped together. Interior government is what each State should keep toitself. If it were seen in Europe, that all our States could be broughtto concur in what the Virginia Assembly has done, it would produce atotal revolution in their opinion of us, and respect for us. And itshould ever be held in mind, that insult and war are the consequencesof a want of respectability in the national character. As long as theStates exercise, separately, those acts of power which respect foreignnations, so long will there continue to be irregularities committedby some one or other of them, which will constantly keep us on an illfooting with foreign nations. 

I thank you for your information as to my Notes. The copies I haveremaining shall be sent over, to be given to some of my friends and toselect subjects in the College. I have been unfortunate here with thistrifle. I gave out a few copies only, and to confidential persons, writing in every copy a restraint against its publication. Among others, I gave a copy to a Mr. Williams: he died. I immediately took everyprecaution I could to recover this copy. But, by some means or other, abookseller had got hold of it. He employed a hireling translator, and isabout publishing it in the most injurious form possible. I am now ata loss what to do as to England. Every thing, good or bad, is thoughtworth publishing there; and I apprehend a translation back from theFrench, and a publication there. I rather believe it will be mosteligible to let the original come out in that country: but am not yetdecided. 

I have purchased little for you in the book way since I sent thecatalogue of my former purchases. I wish, first, to have your answer tothat, and your information, what parts of these purchases went out ofyour plan. You can easily say, Buy more of this kind, less of that, &c. My wish is to conform myself to yours. I can get for you the originalParis edition of the Encyclopédie, in thirty-five volumes, folio, forsix hundred and twenty livres; a good edition, in thirty-nine volumes, 4to, for three hundred and eighty livres; and a good one, in thirty-ninevolumes, 8vo, for two hundred and eighty livres. The new one will besuperior in far the greater number of articles; but not in all. And thepossession of the ancient one has, moreover, the advantage of supplyingpresent use. I have bought one for myself, but wait your orders as toyou. I remember your purchase of a watch in Philadelphia. If it shouldnot have proved good, you can probably sell it. In that case, I can getfor you here, one made as perfect as human art can make it, for abouttwenty-four louis. I have had such a one made, by the best and mostfaithful hand in Paris. It has a second hand, but no repeating, no dayof the month, nor other useless thing to impede and injure the movementswhich are necessary. For twelve louis more, you can have in the samecover, but on the back, and absolutely unconnected with the movements ofthe watch, a pedometer, which shall render you an exact account of thedistances you walk. Your pleasure hereon shall be awaited. 

Houdon has returned. He called on me, the other day, to remonstrateagainst the inscription proposed for General Washington's statue. Hesays it is too long to be put on the pedestal. I told him, I was not atliberty to permit any alteration, but I would represent his objection toa friend, who could judge of its validity, and whether a change could beauthorized. This has been the subject of conversations here, and variousdevices and inscriptions have been suggested. The one which has appearedbest to me, may be translated as follows: 'Behold, Reader, the form ofGeorge Washington. For his worth, ask History; that will tell it, whenthis stone shall have yielded to the decays of time. His country erectsthis monument. ' Houdon makes it. 'This for one side. On the second, represent the evacuation of Boston, with the motto, 'Hostibus primumfugatis. ' On the third, the capture of the Hessians, with 'Hostibusiterum devictis. ' On the fourth, the surrender of York, with 'Hostibusultimum debellatis. ' This is seizing the three most brilliant actions ofhis military life. By giving out, here, a wish of receiving mottos forthis statue, we might have thousands offered, from which still bettermight be chosen. The artist made the same objection, of length, to theinscription for the bust of the Marquis de la Fayette. An alteration ofthat might come in time still, if an alteration was wished. However, Iam not certain that it is desirable in either case. The State of Georgiahas given twenty thousand acres of land, to the Count d'Estaing. Thisgift is considered here as very honorable to him, and it has gratifiedhim much. I am persuaded, that a gift of lands by the State of Virginiato the Marquis de la Fayette, would give a good opinion here of ourcharacter, and would reflect honor on the Marquis. Nor am I sure thatthe day will not come, when it might be an useful asylum to him. Thetime of life at which he visited America was too well adapted to receivegood and lasting impressions, to permit him ever to accommodate himselfto the principles of monarchical government; and it will need all hisown prudence, and that of his friends, to make this country a saferesidence for him. How glorious, how comfortable in reflection, will itbe, to have prepared a refuge for him in case of a reverse. In themean time, he could settle it with tenants from the freest part of thiscountry, Bretaigne. I have never suggested the smallest idea of thiskind to him: because the execution of it should convey the first notice. If the State has not a right to give him lands with their own officers, they could buy up, at cheap prices, the shares of others. I am notcertain, however, whether, in the public or private opinion, a similargift to Count Rochambeau could be dispensed with. If the State couldgive to both, it would be better: but, in any event, I think theyshould to the Marquis. Count Rochambeau, too, has really deserved moreattention than he has received. Why not set up his bust, that of Gates, Greene, Franklin, in your new capitol? _A propos_ of the capital. Do, mydear friend, exert yourself to get the plan begun on set aside, and thatadopted, which was drawn here. It was taken from a model which has beenthe admiration of sixteen centuries; which has been the object of asmany pilgrimages as the tomb of Mahomet; which will give unrivalledhonor to our State, and furnish a model whereon to form the taste of ouryoung men. It will cost much less too, than the one begun; because itdoes not cover one half of the area. Ask, if you please, a sight ofmy letter of January the 26th, to Messrs. Buchanan and Hay, which willspare me the repeating its substance here. 

Every thing is quiet in Europe. I recollect but one new invention in thearts which is worth mentioning. It is a mixture of the arts of engravingand printing, rendering both cheaper. Write or draw any thing on a plateof brass, with the ink of the inventor, and, in half an hour, he givesyou engraved copies of it, so perfectly like the original, that theycould not be suspected to be copies. His types for printing a wholepage, are all in one solid piece. An author, therefore, only prints afew copies of his work, from time to time, as they are called for. Thissaves the loss of printing more copies than may possibly be sold, andprevents an edition from being ever exhausted. 

I am, with a lively esteem, Dear Sir, your sincere friend and servant, Th: Jefferson. 

LETTER CLVIII. --TO THE MARQUIS DE LA FAYETTE, February 9, 1786

TO THE MARQUIS DE LA FAYETTE. 

Paris, February 9, 1786. 

Dear Sir, The Mr. John Ledyard, who proposes to undertake the journey through thenorthern parts of Asia and America, is a citizen of Connecticut, one ofthe United States of America. He accompanied Captain Cook in his lastvoyage to the northwestern parts of America, and rendered himself usefulto that officer, on some occasions, by a spirit of enterprise which hasdistinguished his whole life. He has genius, and education better thanthe common, and a talent for useful and interesting observation. Ibelieve him to be an honest man, and a man of truth. To all this, headds just as much singularity of character, and of that particular kindtoo, as was necessary to make him undertake the journey he proposes. Should he get safe through it, I think he will give an interestingaccount of what he shall have seen. 

I have the honor to be, with sentiments of sincere esteem and respect, Dear Sir, your most obedient

and most humble servant, Th: Jefferson. 

LETTER CLIX. --TO MONSIEUR HILLIARD d'AUBERTEUIL, Feb. 20, 1786

TO MONSIEUR HILLIARD d'AUBERTEUIL. 

Paris, February 20, 1786. 

Sir, I have been honored with your letter, and the books which accompaniedit, for which I return you my hearty thanks. America cannot but beflattered with the choice of the subject, on which you are at presentemploying your pen. The memory of the American Revolution will beimmortal, and will immortalize those who record it. The reward isencouraging, and will justify all those pains, which a rigorousinvestigation of facts will render necessary. Many important facts, which preceded the commencement of hostilities, took place in England. These may mostly be obtained from good publications in that country. Some took place in this country. They will be probably hidden fromthe present age. But America is the field where the greatest mass ofimportant events were transacted, and where, alone, they can now becollected. I therefore much applaud your idea of going to that country, for the verification of the facts you mean to record. Every man therecan tell you more than any man here, who has not been there: and thevery ground itself will give you new insight into some of the mostinteresting transactions. If I can be of service to you, in promotingyour object there, I offer myself freely to your use. I shall beflattered by the honor of your visit here, at any time. I am seldom fromhome before noon; but if any later hour should suit you better, I willtake care to be at home, at any hour and day, you will be pleased toindicate. 

I have the honor to be, with great respect, Sir, your most obedient, humble servant, Th: Jefferson. 

LETTER CLX. --TO THE COUNT DE VERGENNES, February 28, 1786

TO THE COUNT DE VERGENNES. 

Paris, February 28, 1786. 

Sir, Circumstances of public duty calling me suddenly to London, I takethe liberty of mentioning it to your Excellency, and of asking afew minutes' audience of you, at as early a day and hour as will beconvenient to you, and that you will be so good as to indicate them tome. I would wish to leave Paris about Friday or Saturday, and supposethat my stay in London will be of about three weeks. I shall be happy tobe the bearer of any commands your Excellency may have for that place, and will faithfully execute them. I cannot omit mentioning, how pleasingit would be to me to be enabled, before my departure, to convey to theAmerican prisoners at St. Pol de Léon such mitigation of their fate, asmay be thought admissible. 

I have the honor to be, with sentiments of the highest respect andesteem, your Excellency's

most obedient

and most humble servant, Th: Jefferson. 

LETTER CLXI. --TO MONSIEUR DE REYNEVAL, March 8, 1786

TO MONSIEUR DE REYNEVAL. 

Paris, March 8, 1786. 

Sir, His Excellency, Count de Vergennes, having been pleased to say that hewould give orders at Calais, for the admission of certain articles whichI wish to bring with me from England, I have thought it best to give adescription of them, before my departure. They will be as follows:

1. A set of table furniture, consisting of China, silver, and platedware, distributed into three or four boxes or canteens, for theconvenience of removing them. 

2. A box containing small tools for wooden and iron work, for my ownamusement. 

3. A box, probably, of books. 

4. I expect to bring with me a riding horse, saddle, &c. 

The mathematical instruments will probably be so light that I may bringthem in my carriage, in which case, I presume they will pass with mybaggage, under the authority of the passport for my person. If theseorders can be made out in time, I would willingly be the bearer of themmyself. 

I have the honor to be, with sentiments of the most perfect esteem andrespect, Sir, , your most obedient servant, Th: Jefferson. 

LETTER CLXII. --TO JOHN JAY, March 12, 1786

TO JOHN JAY. 

London, March 12, 1786. 

Sir. 

The date of a letter from London will doubtless be as unexpected to youas it was unforeseen by myself, a few days ago. On the 27th of the lastmonth, Colonel Smith arrived in Paris, with a letter from Mr. Adams, informing me that there was at this place a minister from Tripoli, having general powers to enter into treaties on behalf of his State, andwith whom it was possible we might do something, under our commissionto that power: and that he gave reason to believe, he could also makearrangements with us, for Tunis. He further added, that the ministerof Portugal here had received ultimate instructions from his court, andthat, probably, that treaty might be concluded in the space of threeweeks, were we all on the spot together. He, therefore, pressed me tocome over immediately. The first of these objects had some weight on mymind, because, as we had sent no person to Tripoli or Tunis, I thoughtif we could meet a minister from them on this ground, our arrangementswould be settled much sooner, and at less expense. But what principallydecided me, was, the desire of bringing matters to a conclusion withPortugal, before the term of our commissions should expire, or anynew turn in the negotiations of France and England should abate theirwillingness to fix a connection with us. A third motive had also itsweight. I hoped that my attendance here, and the necessity of shorteningit, might be made use of to force a decisive answer from this court. I therefore concluded to comply with Mr. Adams's request. I wentimmediately to Versailles, and apprized the Count de Vergennes, thatcircumstances of public duty called me hither for three or four weeks, arranged with him some matters, and set out with Colonel Smith for thisplace, where we arrived last night, which was as early as the excessiverigor of the weather admitted. I saw Mr. Adams immediately, and againto-day. He informs me, that the minister of Portugal was taken ill fiveor six days ago, has been very much so, but is now somewhat better. It would be very mortifying, indeed, should this accident, with theshortness of the term to which I limit my stay here, defeat what was theprincipal object of my journey, and that, without which, I should hardlyhave undertaken it. With respect to this country, I had no doubt butthat every consideration had been urged by Mr. Adams, which was properto be urged. Nothing remains undone in this way. But we shall availourselves of my journey here, as if made on purpose, just before theexpiration of our commission, to form our report to Congress on theexecution of that commission, which report, they may be given toknow, cannot be formed without decisive information of the ultimatedetermination of their court. There is no doubt what that determinationwill be: but it will be useful to have it; as it may put an end to allfurther expectations on our side the water, and show that the timeis come for doing whatever is to be done by us, for counteracting theunjust and greedy designs of this country. We shall have the honor, before I leave this place, to inform you of the result of the severalmatters which have brought me to it. 

A day or two before my departure from Paris, I received your letter ofJanuary------. The question therein proposed, How far France considersherself as bound to insist on the delivery of the posts, wouldinfallibly produce another, How far we consider ourselves as guaranteesof their American possessions, and bound to enter into any future war, in which these may be attacked? The words of the treaty of allianceseem to be without ambiguity on either head, yet, I should be afraid tocommit Congress, by answering without authority. I will endeavor, onmy return, to sound the opinion of the minister, if possible, withoutexposing myself to the other question. Should any thing forciblebe meditated on these posts, it would possibly be thought prudent, previously to ask the good offices of France, to obtain their delivery. In this case, they would probably say, we must first execute the treaty, on our part, by repealing all acts which have contravened it. Now thismeasure, if there be any candor in the court of London, would suffice toobtain a delivery of the posts from them, without the mediation of anythird power. However, if this mediation should be finally needed, Isee no reason to doubt our obtaining it, and still less to question itsomnipotent influence on the British court. 

I have the honor to be, with the highest respect and esteem, Sir, yourmost obedient

and most humble servant, Th: Jefferson. 

LETTER CLXIII. --TO COLONEL HUMPHREYS, March 14, 1786

TO COLONEL HUMPHREYS. 

London, March 14, 1786. 

Dear Sir, I have been honoured with your letter, in which you mention to meyour intention of returning to America in the April packet. It is withsincere concern that I meet this event, as it deprives me not only ofyour aid in the office in which we have been joined, but also of yoursociety, which has been to me a source of the greatest satisfaction. I think myself bound to return you my thanks for it, and, at thesame time, to bear testimony, that in the discharge of the office ofSecretary of Legation to the several commissions, you have fulfilled allits duties with readiness, propriety, and fidelity. I sincerely wish, that on your return, our country may avail itself of your talents in thepublic service, and that you may be willing so to employ them. Youcarry with you my wishes for your prosperity, and a desire of beinginstrumental to it: and I hope, that in every situation in which we maybe placed, you will freely command and count on my services. I will begto be favored with your letters, whenever it is convenient. You haveseen our want of intelligence here, and well know the nature ofthat which will be useful or agreeable. I fear I shall have littleinteresting to give you in return; but such news as my situationaffords, you shall be sure to receive. I pray you to be the bearer ofthe enclosed letter to Mr. Jay, to accept my wishes for a favorablepassage, a happy meeting with your friends, and for every futurefelicity which this life can afford, being with the greatest esteem, Dear Sir, your sincere friend

and most humble servant, Th: Jefferson. 

APPENDIX. 

[NOTE A. ]--TO THE GOVERNOR OF VIRGINIA. 

Kaskaskias, Illinois, April 29, 1779. 

Dear Sir, A few days ago, I received certain intelligence of William Morris, my express to you, being killed near the falls of Ohio, news trulydisagreeable to me, as I fear many of my letters will fall into thehands of the enemy, at Detroit, although some of them, as I learn, werefound in the woods torn in pieces. I do not doubt but before thereceipt of this, you will have heard of my late success against GovernorHamilton, at post St. Vincenne. That gentleman, with a body of men, possessed himself of that post on the 15th of December last, repairedthe fortifications for a repository, and in the spring, meant to attackthis place, which he made no doubt of carrying; where he was to bejoined by two hundred Indians from Michilimackinac, and five hundredCherokees, Chickasaws, and other nations. With this body, he was topenetrate up the Ohio to Fort Pitt, sweeping Kentucky on his way, havinglight brass cannon for the purpose, joined on his march by all theIndians that could be got to him. He made no doubt, that he could forceall West Augusta. This expedition was ordered by the commander in chiefof Canada. Destruction seemed to hover over us from every quarter;detached parties of the enemy were in the neighborhood every day, butafraid to attack. I ordered Major Bowman to evacuate the fort at theCohas, and join me immediately, which he did. Having not received ascrape of a pen from you, for near twelve months, I could see but littleprobability of keeping possession of the country, as my number of menwas too small to stand a siege, and my situation too remote to call forassistance. I made all the preparations I possibly could for the attack, and was necessitated to set fire to some of the houses in town, to clearthem out of the way. But in the height of the hurry, a Spanishmerchant, who had been at St. Vincenne, arrived, and gave the followingintelligence: that Mr. Hamilton had weakened himself, by sending hisIndians against the frontiers, and to block up the Ohio; that he hadnot more than eighty men in garrison, three pieces of cannon, and someswivels mounted; and that he intended to attack this place, as soon asthe winter opened, and made no doubt of clearing the western watersby the fall. My situation and circumstances induced me to fall on theresolution of attacking him, before he could collect his Indians again. I was sensible the resolution was as desperate as my situation, butI saw no other probability of securing the country. I immediatelydespatched a small galley, which I had fitted up, mounting twofour-pounders and four swivels, with a company of men and necessarystores on board, with orders to force her way, if possible, and stationherself a few miles below the enemy, suffer nothing to pass her, andwait for further orders. In the mean time, I marched across the countrywith one hundred and thirty men, being all I could raise, after leavingthis place garrisoned by the militia. The inhabitants of the countrybehaved exceedingly well, numbers of young men turned out on theexpedition, and every other one embodied to guard the different towns. I marched the 7th of February. Although so small a body, it took mesixteen days on the route. The inclemency of the season, high waters, &c. Seemed to threaten the loss of the expedition. When within threeleagues of the enemy, in a direct line, it took us five days to crossthe drowned lands of the Wabash river, having to wade often upwards oftwo leagues, to our breast in water. Had not the weather been warm, wemust have perished. But on the evening of the 23rd, we got on dry land, in sight of the enemy; and at seven o'clock, made the attack, beforethey knew any thing of us. The town immediately surrendered with joy, and assisted in the siege. There was a continual fire on both sides, for eighteen hours. I had no expectation of gaining the fort until thearrival of my artillery. The moon setting about one o'clock, I had anentrenchment thrown up within rifle-shot of their strongest battery, and poured such showers of well directed balls into their ports, that wesilenced two pieces of cannon in fifteen minutes, without getting a manhurt. 

Governor Hamilton and myself had, on the following day, severalconferences, but did not agree until the evening, when he agreed tosurrender the garrison (seventy-nine in number) prisoners of war, withconsiderable stores. I got only one man wounded; not being able to losemany, I made them secure themselves well. Seven were badly wounded inthe fort, through ports. In the height of this action, an Indian partythat had been to war, and taken two prisoners, came in, not knowing ofus. Hearing of them, I despatched a party to give them battle in thecommons, and got nine of them, with the two prisoners, who proved to beFrenchmen. Hearing of a convoy of goods from Detroit, I sent a partyof sixty men, in armed boats well mounted with swivels, to meet them, before they could receive any intelligence. They met the convoy fortyleagues up the river, and made a prize of the whole, taking fortyprisoners, and about ten thousand pounds' worth of goods and provisions;also the mail from Canada to Governor Hamilton, containing, however, nonews of importance. But what crowned the general joy, was the arrival ofWilliam Morris, my express to you, with your letters, which gave generalsatisfaction. The soldiery, being made sensible of the gratitude oftheir country for their services, were so much elated, that they wouldhave attempted the reduction of Detroit, had I ordered them. Havingmore prisoners than I knew what to do with, I was obliged to dischargea greater part of them on parole. Mr. Hamilton, his principal officers, and a few soldiers, I have sent to Kentucky, under convoy of CaptainWilliams, in order to be conducted to you. After despatching Morris withletters to you, treating with the neighboring Indians, &c, I returned tothis place, leaving a sufficient garrison at St. Vincenne. 

During my absence, Captain Robert George, who now commands the companyformerly commanded by Captain Willing, had returned from New Orleans, which greatly added to our strength. It gave great satisfaction to theinhabitants, when acquainted with the protection which was given them, the alliance with France, &c. I am impatient for the arrival of ColonelMontgomery, but have heard nothing of him lately. By your instructionsto me, I find you put no confidence in General M'Intosh's takingDetroit, as you encourage me to attempt it, if possible. It has beentwice in my power. Had I been able to raise only five hundred men whenI first arrived in the country, or when I was at St. Vincenne, could Ihave secured my prisoners, and only have had three hundred good men, Ishould have attempted it, and since learn there could have been no doubtof success, as by some gentlemen, lately from that post, we are informedthat the town and country kept three days in feasting and diversions onhearing of my success against Mr. Hamilton, and were so certain of myembracing the fair opportunity of possessing myself of that post, that the merchants and others provided many necessaries for us on ourarrival; the garrison, consisting of only eighty men, not daring to stoptheir diversions. They are now completing a new fort, and I fear toostrong for any force I shall ever be able to raise in this country. We are proud to hear Congress intends putting their forces on thefrontiers, under your direction. A small army from Pittsburg, conductedwith spirit, may easily take Detroit, and put an end to the Indian war. Those Indians who are active against us, are the Six Nations, part ofthe Shawnese, the Meamonies, and about half the Chesaweys, Ottawas, Jowaas, and Pottawatimas nations, bordering on the lakes. Those nations, who have treated with me, have behaved since very well, to wit, thePeankishaws, Kiccapoos, Orcaottenans of the Wabash river, the Kaskias, Perrians, Mechigamies, Foxes, Sacks, Opays, Illinois, and Poues, nationsof the Mississippi and Illinois rivers. Part of the Chesaweys have alsotreated, and are peaceable. I continually keep agents among them, to watch their motions and keep them peaceably inclined. Many ofthe Cherokees, Chickasaws, and their confederates, are, I fear, illdisposed. It would be well if Colonel Montgomery should give them adressing, as he comes down the Tennessee. There can be no peace expectedfrom many nations, while the English are at Detroit. I stronglysuspect they will turn their arms against the Illinois, as they will beencouraged. I shall always be on my guard, watching every opportunity totake the advantage of the enemy, and, if I am ever able to muster sixor seven hundred men, I shall give them a shorter distance to come andfight me, than at this place. 

There is one circumstance very distressing, that of our money's beingdiscredited, to all intents and purposes, by the great number of traderswho come here in my absence, each outbidding the other, giving pricesunknown in this country by five hundred per cent. , by which the peopleconceived it to be of no value, and both French and Spaniards refusedto take a farthing of it. Provision is three times the price it was twomonths past, and to be got by no other means than my own bonds, goods, or force. Several merchants are now advancing considerable sums oftheir own property, rather than the service should suffer, by which Iam sensible they must lose greatly, unless some method is taken to raisethe credit of our coin, or a fund be sent to Orleans, for the paymentof the expenses of this place, which should at once reduce the priceof every species of provision; money being of little service to them, unless it would pass at the ports they trade at. I mentioned to you, mydrawing some bills on Mr. Pollock in New Orleans, as I had no money withme. He would accept the bills, but had not money to pay them off, thoughthe sums were trifling; so that we have little credit to expect fromthat quarter. I shall take every step I possibly can, for laying up asufficient quantity of provisions, and hope you will immediately send mean express with your instructions. Public expenses in this country havehitherto been very low, and may still continue so, if a correspondenceis fixed at New Orleans for payment of expenses in this country, orgold and silver sent. I am glad to hear of Colonel Todd's appointment. I think government has taken the only step they could have done, to makethis country flourish, and be of service to them. No other regulationwould have suited the people. The last account I had of Colonel Rogers, was his being in New Orleans, with six of his men. The rest he left atthe Spanish Ozack, above the Natches. I shall immediately send him someprovisions, as I learn he is in great want. I doubt he will not be ableto get his goods up the river except in Spanish bottoms. One regimentwould be able to clear the Mississippi, and to do great damage to theBritish interest in Florida, and by properly conducting themselves mightperhaps gain the affection of the people, so as to raise a sufficientforce to give a shock to Pensacola. Our alliance with France hasentirely devoted this people to our interest. I have sent several copiesof the articles to Detroit, and do not doubt but they will produce thedesired effect. Your instructions, I shall pay implicit regard to, andhope to conduct myself in such a manner as to do honor to my country. 

I am, with the greatest respect, your humble servant, G. R. Clarke. 

P. S. I understand there is a considerable quantity of cannon ball atPittsburg. We are much in want of four and six pound ball. I hope youwill immediately order some down. 

IN COUNCIL, June 18, 1779

The board proceeded to the consideration of the letters of ColonelClarke, and other papers relating to Henry Hamilton, Esq. Who has actedfor some years past as Lieutenant Governor of the settlement at andabout Detroit, and commandant of the British garrison there, under SirGuy Carleton, as Governor in chief; Philip Dejean, justice of the peacefor Detroit, and William Lamothe, captain of volunteers, prisoners ofwar, taken in the county of Illinois. 

They find, that Governor Hamilton has executed the task of inciting theIndians to perpetrate their accustomed cruelties on the citizens of theUnited States, without distinction of age, sex, or condition, withan eagerness and avidity which evince, that the general nature of hischarge harmonized with his particular disposition. They should have beensatisfied, from the other testimony adduced, that these enormities werecommitted by savages acting under his commission, but the number ofproclamations, which, at different times, were left in houses, theinhabitants of which were killed or carried away by the Indians, one ofwhich proclamations is in possession of the board, under the hand andseal of Governor Hamilton, puts this fact beyond a doubt. At the timeof his captivity, it appears, he had sent considerable bodies of Indiansagainst the frontier settlements of these States, and had actuallyappointed a great council of Indians, to meet him at Tennessee, toconcert the operations of this present campaign. They find that histreatment of our citizens and soldiers, taken and carried within thelimits of his command, has been cruel and inhuman; that in the caseof John Dodge, a citizen of these States, which has been particularlystated to this board, he loaded him with irons, threw him into adungeon, without bedding, without straw, without fire, in the dead ofwinter and severe climate of Detroit; that, in that state, he wastedhim with incessant expectations of death: that when the rigors of hissituation had brought him so low, that death seemed likely to withdrawhim from their power, he was taken out and somewhat attended to, untila little mended, and before he had recovered ability to walk, was againreturned to his dungeon, in which a hole was cut, seven inches squareonly for the admission of air, and the same load of irons again put onhim: that appearing, a second time, in imminent danger of being lostto them, he was again taken from his dungeon, in which he had lain fromJanuary till June, with the intermission of a few weeks only, beforementioned. That Governor Hamilton gave standing rewards for scalps, but offered none for prisoners, which induced the Indians, after makingtheir captives carry their baggage into the neighborhood of the fort, there to put them to death, and carry in their scalps to the Governor, who welcomed their return and success by a discharge of cannon. Thatwhen a prisoner, brought alive, and destined to death by the Indians, the fire already kindled, and himself bound to the stake, wasdexterously withdrawn, and secreted from them by the humanity of afellow prisoner, a large reward was offered for the discovery of thevictim, which having tempted a servant to betray his concealment, thepresent prisoner Dejean, being sent with a party of soldiers, surroundedthe house, took and threw into jail the unhappy victim and hisdeliverer, where the former soon expired under the perpetual assurancesof Dejean, that he was to be again restored into the hands of thesavages, and the latter when enlarged, was bitterly reprimanded byGovernor Hamilton. 

It appears to them, that the prisoner Dejean was, on all occasions, the willing and cordial instrument of Governor Hamilton, acting bothas judge and keeper of the jails, and instigating and urging him, bymalicious insinuations and untruths, to increase, rather than relaxhis severities, heightening the cruelty of his orders by his manner ofexecuting them, offering at one time a reward to one man to be hangmanfor another, threatening his life on refusal, and taking from hisprisoners the little property their opportunities enabled them toacquire. 

It appears, that the prisoner Lamothe, was a captain of the volunteerscalping parties of Indians and whites, who went, from time to time, under general orders to spare neither men, women, nor children. Fromthis detail of circumstances, which arose in a few cases only, comingaccidentally to the knowledge of the board, they think themselvesauthorized by fair deduction, to presume what would be the horridhistory of the sufferings of the many, who have expired under theirmiseries (which, therefore, will remain for ever untold), or who haveescaped from them, and are yet too remote and too much dispersed, tobring together their well founded accusations against the prisoners. 

They have seen that the conduct of the British officers, civil andmilitary, has in the whole course of this war, been savage, andunprecedented among civilized nations; that our officers taken bythem, have been confined in crowded jails, loathsome dungeons, andprison-ships, loaded with irons, supplied often with no food, generallywith too little for the sustenance of nature, and that little sometimesunsound and unwholesome, whereby such numbers have perished, thatcaptivity and death have with them been almost synonymous; that theyhave been transported beyond seas, where their fate is out of the reachof our inquiry, have been compelled to take arms against their country, and, by a refinement in cruelty, to become murderers of their ownbrethren. 

Their prisoners with us have, on the other hand, been treated withhumanity and moderation; they have been fed, on all occasions, withwholesome and plentiful food, suffered to go at large within extensivetracts of country, treated with liberal hospitality, permitted to livein the families of our citizens, to labor for themselves, to acquire andenjoy profits, and finally to participate of the principal benefits ofsociety, privileged from all burdens. 

Reviewing this contrast, which cannot be denied by our enemiesthemselves, in a single point, and which has now been kept upduring four years of unremitting war, a term long enough to producewell-founded despair that our moderation may ever lead them to thepractice of humanity; called on by that justice we owe to those who arefighting the battles of our country, to deal out, at length, miseriesto their enemies, measure for measure, and to distress the feelings ofmankind by exhibiting to them spectacles of severe retaliation, wherewe had long and vainly endeavored to introduce an emulation in kindness;happily possessed, by the fortune of war, of some of those veryindividuals who, having distinguished themselves personally in thisline of cruel conduct, are fit subjects to begin on, with the work ofretaliation; this board has resolved to advise the Governor, that thesaid Henry Hamilton, Philip Dejean and William Lamothe, prisoners ofwar, be put into irons, confined in the dungeon of the public jail, debarred the use of pen, ink, and paper, and excluded all converse, except with their keeper. And the Governor orders accordingly. 

Arch. Blair, C. C. 

[NOTE B]--IN COUNCIL, September 29, 1779. 

The board having been, at no time, unmindful of the circumstancesattending the confinement of Lieutenant Governor Hamilton, CaptainLamothe, and Philip Dejean, which the personal cruelties of those men, as well as the general conduct of the enemy, had constrained them toadvise: wishing, and willing to expect, that their sufferings may leadthem to the practice of humanity, should any future turn of fortune, in their favor, submit to their discretion the fate of their fellowcreatures; that it may prove an admonition to others, meditating likecruelties, not to rely for impunity in any circumstances of distance orpresent security; and that it may induce the enemy to reflect, what mustbe the painful consequences, should a continuation of the same conducton their part impel us again to severities, while such multipliedsubjects of retaliation are within our power: sensible that noimpression can be made on the event of the war, by wreaking vengeanceon miserable captives; that the great cause which has animated the twonations against each other, is not to be decided by unmanly cruelties onwretches, who have bowed their necks to the power of the victor, but bythe exercise of honorable valor in the field: earnestly hoping that theenemy, viewing the subject in the same light, will be content to abidethe event of that mode of decision, and spare us the pain of a seconddeparture from kindness to our captives: confident that commiserationto our prisoners is the only possible motive, to which can be candidlyascribed, in the present actual circumstances of the war, the advicewe are now about to give; the board does advise the Governor to sendLieutenant Governor Hamilton, Captain Lamothe, and Philip Dejean, toHanover court house, there to remain at large, within certain reasonablelimits, taking their parole in the usual manner. The Governor ordersaccordingly. 

Arch. Blair, C. C. 

Ordered, that Major John Hay be sent, also, under parole to the sameplace. 

Arch. Blair, C. C. 

[NOTE C]--IN COUNCIL, October 8, 1779. 

The Governor is advised to take proper and effectual measures forknowing, from time to time, the situation and treatment of our prisonersby the enemy, and to extend to theirs, with us a like treatment, in every circumstance; and, also, to order to a proper station, theprison-ship fitted up on recommendation from Congress from the receptionand confinement of such prisoners of war, as shall be sent to it. 

Arch. Blair, C. C. 

[NOTE D. ]--FEMALE CONTRIBUTIONS, IN AID OF THE WAR, probably in 1780

 [After letter XVII. In the MS. Is inserted the following memorandum. ]

Female Contributions, in aid of the War, probably in 1780. 

Mrs. Sarah Gary, of Scotchtown, a watch-chain, cost £7 sterling. 

Mrs. ------ Ambler, five gold rings. 

Mrs. Rebecca Ambler, three gold rings. 

Mrs. ---------- Nicholas, a diamond drop. 

Mrs. Griffin, of Dover, ten half joes. 

Mrs. Gilmer, five guineas. 

Mrs. Anne Ramsay (for Fairfax), one half joe, three guineas, threepistereens, one bit. 

Do. For do. Paper money, bundle No. 1, twenty thousand dollars, No. 2, twenty-seven thousand dollars, No. 3, fifteen thousand dollars, No. 4, thirteen thousand five hundred and eighteen dollars and one third. 

Mrs. Lewis (for Albemarle), £1559 8s. Paper money, Mrs. Weldon, £39 18s. New, instead of £1600, old paper money, Mrs. Blackburn (for Prince William), seven thousand five hundred and sixdollars, paper money. 

Mrs. Randolph, the younger, of Chatsworth, eight hundred dollars. 

Mrs. Fitzhugh and others, £558. 

[NOTE E. ]--FROM LORD CORNWALLIS

Lord Cornwallis's Letter to Lieutenant Colonel Nisbet Balfour, Commanderat Ninety Six. 

I have the happiness to inform you, that on Wednesday the 16th instant, I totally defeated General Gates's army. One thousand were killed andwounded, about eight hundred taken prisoners. We are in possessionof eight pieces of brass cannon, all they had in the field, all theirammunition wagons, a great number of arms, and one hundred and thirtybaggage wagons: in short, there never was a more complete victory. Ihave written to Lieutenant Colonel Turnbull, whom I sent to joinMajor Johnson on Little river, to push on after General Sumpter to theWax-haws, whose detachment is the only collected force of rebels in allthis country. Colonel Tarleton is in pursuit of Sumpter. Our loss isabout three hundred killed and wounded, chiefly of the thirty-thirdregiment and volunteers, of Ireland. I have given orders that all theinhabitants of this province, who have subscribed and taken part in thisrevolt, should be punished with the greatest rigor; also, that thosewho will not turn out, may be imprisoned, and their whole property takenfrom them, and destroyed. I have also ordered that satisfaction shouldbe made for their estates, to those who have been injured and oppressedby them. I have ordered, in the most positive manner, that every militiaman who has borne arms with us and afterwards joined the enemy, shall beimmediately hanged. I desire you will take the most rigorous measureto punish the rebels in the district in which you command, and that youwill obey, in the strictest manner, the directions I have given in thisletter, relative to the inhabitants of this country. 

Cornwallis. 

August, 1780. 

[NOTE F. ]--TO LORD CORNWALLIS

TO LORD CORNWALLIS. 

Portsmouth, Virginia, November 4, 1780. 

My Lord, I have been here near a week, establishing a post. I wrote to you toCharleston, and by another messenger, by land. I cannot hear, fora certainty, where you are: I wait your orders. The bearer is tobe handsomely rewarded, if he brings me any note or mark from yourLordship. 

A. L.