Whenever jealousies are expressed as to any supposed views of ours on the dominion of the West Indies, you cannot go farther than the truth in asserting we have none. If there be one principle more deeply rooted than any other in the mind of every American, it is that we should have nothing to do with conquest. As to commerce indeed we have strong sensations. In casting our eyes over the earth, we see no instance of a nation forbidden, as we are, by foreign powers, to deal with neighbours, and obliged with them to carry into another hemisphere, the mutual supplies necessary to relieve mutual wants. This is not merely a question between the foreign power and our neighbour. We are interested in it equally with the latter, and nothing but moderation, at least with respect to us, can render us indifferent to its continuance. An exchange of surplusses and wants between neighbour nations, is both a right and a duty under the moral law, and measures against right should be mollified in their exercise, if it be wished to lengthen them to the greatest term possible. Circumstances sometimes require, that rights the most unquestionable should be advanced with delicacy. It would seem that the one now spoken of, would need only a mention to be assented to by any unprejudiced mind: But with respect to America, Europeans in general, have been too long in the habit of confounding force with right. The Marquis de La Fayette stands in such a relation between the two countries, that I should think him perfectly capable of seizing what is just as to both. Perhaps on some occasion of free conversation, you might find an opportunity of impressing these truths on his mind, and that from him, they might be let out at a proper moment, as matters meriting consideration and weight, when they shall be engaged in the work of forming a Constitution for our neighbours. In policy, if not in justice, they should be disposed to avoid oppression, which, falling on us, as well as on their colonies, might tempt us to act together. 1

The element of measure adopted by the National Assembly excludes, ipso facto, every nation on earth from a communion of measure with them; for they acknowledge themselves, that a due proportion for admeasurement of a meridian crossing the 45th degree of latitude, and terminating at both ends in the same level, can be found in no other country on earth but theirs. It would follow then, that other nations must trust to their admeasurement, or send persons into their country to make it themselves, not only in the first instance, but when ever afterwards they may wish to verify their measures. Instead of concurring, then, in a measure which, like the pendulum, may be found in every point of the 45th degree, and through both hemispheres, and consequently in all the countries of the earth lying under that parallel, either Northern or Southern, they adopt one which can be found but in a single point of the Northern parallel, and consequently only in one country, and that country is theirs.

I left with you a statement of the case of Schweighauser Dobrée, with the original vouchers on which it depends. From these you will have known, that being authorized by Congress to settle this matter, I began by offering to them an arbitration before honest and judicious men of a neutral nation. They declined this, had the modesty to propose an arbitration before merchants of their own town. I gave them warning then, that as the offer on the part of a sovereign nation to submit to a private arbitration was an unusual condescendence, if they did not accept it then, it would not be repeated, and that the United States would judge the case for themselves hereafter. They continued to decline it, and the case now stands thus. The territorial judge of France has undertaken to call the United States to its’ jurisdiction, and has arrested their property, in order to enforce appearance, and possess themselves of a matter whereon to found a decree: But no Court can have jurisdiction over a sovereign nation. This position was agreed to; but it was urged, that some act of Mr. Barclay’s had admitted the jurisdiction. It was denied that there had been any such act by Mr. Barclay, and disavowed if there was one, as without authority from the United States, the property on which the arrest was made, having been purchased by Dr. Franklin, and remaining in his possession till taken out of it by the arrest. On this disavowal it was agreed that there could be no further contest, and I received assurance that the property should be withdrawn from the possession of the court by an evocation of the cause before the King’s council, on which, without other proceedings, it should be delivered to the United States. Applications were repeated as often as dignity or even decency would permit, but it was never done. Thus the matter rests, and thus it is meant it should rest. No answer of any kind is to be given to Schweighauser Dobrée. If they think proper to apply to their Sovereign, I presume there will be a communication either through you or their representative here, and we shall have no difficulty to show the character of the treatment we have experienced.

I will observe for your information that the sustenance of our captives at Algiers is committed to Col: Humphreys.

You will be so kind as to remember that your public account, from the 1st day of July 1790 to the last of June 1791 inclusive, is desired before the meeting of Congress, that I may be able to lay before them the general account of the foreign fund for that year.

General Scott has returned from a successful expedition against the Northern Indians, having killed 32. warriors, taken 58. women and children prisoners, and destroyed three towns and villages, with a great deal of corn in grain and growth. A similar expedition was to follow immediately, while preparation is making for measures of more permanent effect; so that we may reasonably hope the Indians will be induced to accept of peace, which is all we desire.

Our funds have risen nearly to par. The eight millions for the bank was subscribed as fast as it could be written, and that stock is now above par. Our crops of wheat have been rather abundant, and of excellent quality. Those of Tobacco are not very promising as yet. The Census is not yet completed, but from what we hear, we may expect our whole numbers will be nearer four than three millions. I inclose a sketch of the numbers as far as we yet know them.

Thomas Jefferson
Jefferson, Thomas
July 29, 1791
Philadelphia
Thomas Paine
Paine, Thomas

TO THOMAS PAINE

j. mss.
Dear Sir,

—Your favor of Sep. 28, 1790. did not come to my hands till Feb. 11, and I have not answered it sooner because it said you would be here in the Spring. That expectation being past, I now acknowlege the receipt. Indeed I am glad you did not come away till you had written your Rights of man. That has been much read here, with avidity and pleasure. A writer under the signature of Publicola has attacked it. A host of champions entered the arena immediately in your defence. The discussion excited the public attention, recalled it to the Defence of the American constitutions and the Discourses on Davila, which it had kindly passed over without censure in the moment, and very general expressions of their sense have been now drawn forth; I thank God that they appear firm in their republicanism, notwithstanding the contrary hopes assertions of a sect here, high in names, but small in numbers. These had flattered themselves that the silence of the people under the Defence and Davila was a symptom of their conversion to the doctrine of king, lords, commons. They are checked at least by your pamphlet, the people confirmed in their good old faith.

Your observations on the subject of a copper coinage have satisfied my mind on that subject, which I confess had wavered before between difficulties. As a different plan is under consideration of Congress, will be taken up at their meeting, I think to watch the proper moment, publish your observations (except the Notes which contain facts relative to particular persons which I presume you would dislike to see published, which are not necessary to establish the main object,) adding your name, because it will attract attention give weight to the publication. As this cannot take place under four months, there is time for you to forbid me, if it should be disagreeable to you to have the observations published, which however I hope it will not be.

Genl Scott has just returned from a successful expedition against the Indians, having killed 32 warriors taken 58 women and children burnt several towns. I hope they will now consent to peace, which is all we ask. Our funds are near par; the crops of wheat remarkably fine; and a great degree of general prosperity arising from 4. years successive of plentiful crops, a great diffusion of domestic manufacture, a return to economy, a reasonable faith in the new government.—I shall be happy to hear from you, still more to see you, being with great sincere esteem Dr. Sir your friend servt.

Thomas Jefferson
Jefferson, Thomas
July 30, 1791
Philadelphia
George Washington
Washington, George

TO THE PRESIDENT OF THE UNITED STATES

d. s. mss.
Sir,

—I have the honour to inclose for your perusal a letter which I have prepared for Mr. Short.

The ill humour into which the French colonies are getting, and the little dependance on the troops sent thither, may produce a hesitation in the National Assembly as to the conditions they will impose in their constitution. In a moment of hesitation, small matters may influence their decision. They may see the impolicy of insisting on particular conditions which operating as grievances on us, as well as on their colonists, might produce a concert of action. I have thought it would not be amiss to trust to Mr. Short the sentiments in the cyphered part of the letter, leaving him to govern himself by circumstances whether to let them leak out at all or not, whether so as that it may be known or remain unknown that they come from us. A perfect knowledge of his judgment discretion leaves me entirely satisfied that they will be not used or so used, as events shall render proper. But if you think that the possibility that harm may be done, overweighs the chance of good, I would expunge them, as in the case of doubt it is better to say too little than too much.

Thomas Jefferson
Jefferson, Thomas
July 31. 1791
Philadelphia
James Sullivan
Sullivan, James

TO JAMES SULLIVAN

j. mss.

Th. Jefferson presents his compliments to Mr. Sullivan thanks him for the perusal of the pamphlet he was so kind as to send him. 1 He sees with great pleasure every testimony to the principles of pure republicanism; and every effort to preserve untouched that partition of the sovereignty which our excellent constitution has made, between the general particular governments. He is firmly persuaded that it is by giving due tone to the latter, that the former will be preserved in vigour also, the constitution having foreseen it’s incompetency to all the objects of government therefore confined it to those specially described. When it shall become incompetent to these also, instead of flying to Monarchy or that semblance of tranquillity which it is the nature of slavery to hold forth, the true remedy would be a subdivision as Mr. Sullivan observes. But it is hoped that by a due poise partition of powers between the general particular governments we have found the secret of extending the benign blessings of republicanism over still greater tracts of country than we possess, and that a subdivision may be avoided by ages, if not for ever.

Thomas Jefferson
Jefferson, Thomas
August 10th 1791
Philadelphia
Henry Knox
Knox, Henry

TO THE SECRETARY OF WAR
(HENRY KNOX)

j. mss.
Dear Sir,

—I have now the honor to return you the Petition of Mr. Moultrie on behalf of the South Carolina Yazoo Company. Without noticing that some of the highest functions of sovereignty are assumed in the very papers which he annexes as his justification, I am of opinion that Government should firmly maintain this ground; that the Indians have a right to the occupation of their Lands independent of the States within whose chartered lines they happen to be; that until they cede them by Treaty or other transaction equivalent to a Treaty, no act of a State can give a right to such lands; that neither under the present Constitution, nor the antient Confederation, had any State or person a right to Treat with the Indians, without the consent of the General Government; that that consent has never been given to any Treaty for the cession of the Lands in question; that the Government is determined to exert all it’s energy for the patronage and protection of the rights of the Indians, and the preservation of peace between the United States and them; and that if any settlements are made on Lands not ceded by them, without the previous consent of the United States, the Government will think itself bound, not only to declare to the Indians that such settlements are without the authority or protection of the United States, but to remove them also by the public force.

It is in compliance with your request, my dear Sir, that I submit these ideas to you, to whom it belongs to give place to them, or such others as your better judgment shall prefer, in answer to Mr. Moultrie.

Thomas Jefferson
Jefferson, Thomas
Aug. 12. 1791
Jean Baptiste Ternant
Ternant, Jean Baptiste

TO THE FRENCH MINISTER
(JEAN BAPTISTE TERNANT)

j. mss.

The Secretary of state has the honour to inform the Minister of France that the President will receive his letters of credence to-day at half after two: that this will be done in a room of private audience, without any ceremony whatever, or other person present than the Secretary of state, this being the usage which will be observed.

As the Secretary of state will be with the President before that hour on business, the Minister will find him there.

Thomas Jefferson
Jefferson, Thomas
Aug. 18. 1791
Philadelphia
James Madison
Madison, James

TO JAMES MADISON

mad. mss.
My dear Sir,

—I have just now received your favor of the 16th. and tho’ late at night I scribble a line that it may go by the morning’s post. I inclose you two letters which have been awaiting you here several days. Also a copy of the census which I had made out for you. What is in red ink is conjectural, the rest from the real returns. The return of Virginia is come in this day, seven hundred forty odd thousand, of which 296,000 blacks, both exclusive of Kentucky.—Try to arrive here on Tuesday time enough (say by 4 o’clock) to come dine with E. Randolph, Ross c. half a dozen in all en petite comité. I have been much pleased with my acquaintance with the last. He is a sensible Merchant, an enemy to gambling all tricks of finance. My horse will certainly die from all accounts. He is out at pasture to see what fresh air grass will do. Yours will be a fortunate aid. I have written to Mr. Randolph to look out for one to bring me back. I set out on Monday fortnight at the latest; but will try to be off some days sooner. I shall be obliged to meet the President at the Sale at George Town Octob. 17. All your acquaintances are perpetually asking if you are arrived. It has been the first question from the President every time I have seen him for this fortnight. If you had arrived before dinner to-day, I had a strong charge to carry you there. Come on then make us all happy. Adieu my dear friend yours affectionately.

Thomas Jefferson
Jefferson, Thomas
Aug. 23. 1791
Philadelphia
David Humphreys
Humphreys, David

TO THE U. S. MINISTER TO PORTUGAL
(DAVID HUMPHREYS)

j. mss.
Dear Sir,

—I received yesterday your favors of June 7. No. 21. June 17. No. 22. Mr. Barclay will have delivered you my two letters of May 13. July 13.

Since his departure no remarkable events have taken place. He would convey to you the official information of General Scott’s success against the Indians. A second party somewhat stronger is now gone against them.

Nearly the whole of the states have now returned their census. I send you the result, which as far as founded on actual returns is written in black ink, the numbers not actually returned, yet pretty well known, are written in red ink. Making a very small allowance for omissions, we are upwards of four millions; we know in fact that the omissions have been very great.—Our crop of wheat is very abundant, of the best quality ever known. There has been an extraordinary drought, prevailing most to the north of this. The crop of Hay here is short, calamitously so further north. We have lately had the most copious rains, which will recover the Indian corn tobacco. A spirit of gambling in the public paper has lately seized too many of our Citizens. Commerce, Manufactures, the Arts agriculture will suffer from it if not checked. Many are ruined by it; but I fear that ruin will be no more a correction in this case than in common gaming. We cannot immediately foresee how it will terminate.

Colo. Ternant is arrived here, as Minister plenipotentiary from France.—I shall soon be able to send you another newspaper written in a contrary spirit to that of Fenno. Freneau is come here to set up a national gazette, to be published twice a week, and on whig principles. The two papers will shew you both sides of our politics.

Being about to set out for Virginia in a few days, it will probably be two months before I shall again have the pleasure of writing to you. The President will go to Mount Vernon within three or four weeks.

Thomas Jefferson
Jefferson, Thomas
Aug. 26. 1791
Philadelphia
Mr. Paradise
Mr. Paradise

TO MR. PARADISE

j. mss.
Dear Sir,

—Tho’ the incessant drudgery of my office puts it out of my power to write letters of mere correspondence, yet I do not permit them to suspend the offices of friendship, where these may affect the interests of my friends. You have in the funds of Virginia in loan office certificates reduced to specie value £905. 17–6 2/4 and in final settlement £62–8. These are of the description allowed by the general government to be transferred to their funds, if subscribed to them before the last day of next month. If so transferred, four ninths of them would now sell for about 22/6 the pound, or would bear an interest of 6. per cent regularly: two ninths would bear an interest of 3. per cent paid regularly, sell for 12/6 the pound: the other three ninths will bear an interest of 6 per cent after about 8. years hence, would now sell for 12/6 the pound. I wrote to Mr. Burnell to know if any orders were given him on this subject, he answers me in the negative. Supposing that this has proceeded from your being unable at such a distance to judge of the expediency of transferring the debt from the state to the general government, I have taken the liberty this day to advise him to do it, because if not done before the last day of next month it can never be done afterwards. Observe that since Congress had said it would assume all these debts, where the parties should chuse it, the states have repealed their provision for paiment, the moment the time is out for transferring them, their value will sink to nothing almost. Tho’ I advise Mr. Burnell to transfer them to the funds of the United States, so as to secure them, yet I advise him also to let them lie there, not to sell them till orders from England because I do not foresee any loss from waiting a while for orders. I would certainly advise powers to be given to him to sell the 6. per cents, when he finds a favorable occasion; I believe they may rise to 24/ the pound, which will be making them nearly as much sterling as they are currency. This might enable a remittance immediately to your creditors of about 500£. It might be well to authorize him also to do as to the 3. per cents, the deferred part, what occurrences shall render expedient. It is impossible to foresee what may happen, therefore power had better be given where there may be a full reliance in the discretion of the person.

Be so good as to present my respects to Mrs. Paradise, to convey to her my acknolegement of the receipt of her favor of Mar. 1. to pray her to consider this as intended for her as well as yourself. I am with the greatest esteem of her yourself Dear Sir your friend servt.

Thomas Jefferson
Jefferson, Thomas
Aug. 29, 1791
Philadelphia
Edward Rutledge
Rutledge, Edward

TO EDWARD RUTLEDGE 1

My Dear Sir,

—I have received your favor of the 7th by mr Harper, that also by mr Butler. I thank you for both, and shall duly respect both. I find by the last that, not your letter on the subject of British commerce, but mine in answer to it has miscarried. Yours was dated June 20. 1790 was received July 2. answered July 4. I send you a copy of the answer, which will read now like an old almanac, but it will shew you I am incapable of neglecting any thing which comes from you. The measures therein spoken of as in contemplation for the purpose of bringing Gr. Brit. to reason, vanished in reference of the subject to me to report on our commerce and navigation, generally to the next session of Congress. I have little hope that the result will be any thing more than to turn the left cheek to him who has smitten the right; we have to encounter not only the prejudices in favor of England, but those against the Eastern states whose ships in the opinion of some will over run our land. I have been sorry to see that your state has been over-jealous of the measures proposed on this subject, which really tend to relieve them from the effects of British broils. I wish you may be able to convert mr Barnwell, because you think him worth converting. Whether you do or not, your opinion of him will make me solicitous for his acquaintance, because I love the good, respect freedom of opinion. What do you think of this scrip company? Ships are lying idle at the wharfs, buildings are stopped, capitals withdrawn from commerce, manufactures, arts agriculture, to be employed in gambling, and the tide of public prosperity almost unparalelled in any country, is arrested in it’s course, and suppressed by the rage of getting rich in a day. No mortal can tell where this will stop for the spirit of gaming when once it has seized a subject, is incurable. The taylor who has made thousands in one day, tho’ he has lost them the next, can never again be content with the slow moderate earnings of his needle. Nothing can exceed the public felicity, if our papers are to be believed, because our papers are under the orders of the scrip-men. I imagine however, we shall shortly hear that all the cash has quitted the extremities of the nation, accumulated here. That produce, property fall to half price there, the same things rise to double price here. That the cash accumulated stagnated here as soon as the bank paper gets out, will find it’s vent into foreign countries, and instead of this solid medium which we might have kept for nothing, we shall have a paper one for the use of which we are to pay these gamesters 15 per cent per annum as they say. Would to God yourself, Genl Pinkney, Maj. Pinkney would come forward and aid us with your efforts. You are all known, respected, wished for: but you refuse yourselves to every thing. What is to become of us, my dear friend, if the vine the fig-tree withdraw leave us to the bramble thorn? You will have heard before this reaches you, of the peril into which the French revolution is brought by the flight of their king—such are the fruits of that form of government which heaps importance on Idiots, and of which the tories of the present day are trying to preach into our favour. I still hope the French revolution will issue happily. I feel that the permanence of our own leans in some degree on that, and that a failure there would be a powerful argument to prove that there must be a failure here. We have been told that a British minister would be sent out to us this summer. I suspect this depends on the event of peace or war. In the latter case they will probably send one. But they have no serious view of treating or fulfilling treaties. Adieu my dear Sir.

Thomas Jefferson
Jefferson, Thomas
Aug. 30. 1791
Philadelphia
Benjamin Banneker
Banneker, Benjamin

TO BENJAMIN BANNEKER 1

j. mss.
Sir,

—I thank you sincerely for your letter of the 19 th instant and for the Almanac it contained. No body wishes more than I do to see such proofs as you exhibit, that nature has given to our black brethren, talents equal to those of the other colors of men, and that the appearance of a want of them is owing merely to the degraded condition of their existence, both in Africa America. I can add with truth, that no body wishes more ardently to see a good system commenced for raising the condition both of their body mind to what it ought to be, as fast as the imbecility of their present existence, and other circumstances which cannot be neglected, will admit. I have taken the liberty of sending your Almanac to Monsieur de Condorcet, Secretary of the Academy of Sciences at Paris, and member of the Philanthropic society, because I consider it as a document to which your whole colour had a right for their justification against the doubts which have been entertained of them. I am with great esteem, Sir Your most obed t humble serv t .

Thomas Jefferson
Jefferson, Thomas
Aug. 30. 1791
Philadelphia
Marquis de Condorcet
Condorcet, Marquis De

TO THE MARQUIS DE CONDORCET

j. mss.
Dear Sir,

—I am to acknowledge the receipt of your favor on the subject of the element of measure adopted by France. Candor obliges me to confess that it is not what I would have approved. It is liable to the inexactitude of mensuration as to that part of the quadrant of the earth which is to be measured, that is to say as to one tenth of the quadrant, and as to the remaining nine tenths they are to be calculated on conjectural data, presuming the figure of the earth which has not yet been proved. It is liable too to the objection that no nation but your own can come at it; because yours is the only nation within which a meridian can be found of such extent crossing the 45 th degree terminating at both ends in a level. We may certainly say then that this measure is uncatholic, and I would rather have seen you depart from Catholicism in your religion than in your Philosophy.

I am happy to be able to inform you that we have now in the United States a negro, the son of a black man born in Africa, and of a black woman born in the United States, who is a very respectable mathematician. I procured him to be employed under one of our chief directors in laying out the new federal city on the Potowmac, in the intervals of his leisure, while on that work, he made an Almanac for the next year, which he sent me in his own hand writing, which I inclose to you. I have seen very elegant solutions of Geometrical problems by him. Add to this that he is a very worthy respectable member of society. He is a free man. I shall be delighted to see these instances of moral eminence so multiplied as to prove that the want of talents observed in them is merely the effect of their degraded condition, and not proceeding from any difference in the structure of the parts on which intellect depends.

I am looking ardently to the completion of the glorious work in which your country is engaged. I view the general condition of Europe as hanging on the success or failure of France. Having set such an example of philosophical arrangement within, I hope it will be extended without your limits also, to your dependants and to your friends in every part of the earth.

Present my affectionate respects to Madame de Condorcet, and accept yourself assurances of the sentiments of esteem attachment with which I have the honour to be Dear Sir your most obed t most humble serv t .

Thomas Jefferson
Jefferson, Thomas
Aug. 30. 1791
Philadelphia
Joseph Fenwick
Fenwick, Joseph

TO THE U. S. CONSUL AT BORDEAUX
(JOSEPH FENWICK)

j. mss.
Sir,

—The object of the present is principally to acknowledge the receipt of your favors of Feb. 10. Mar. 22. 29. Apr. 26. and the cases of wine forwarded for the President myself, for your care of which be pleased to accept my thanks. I hope you have drawn on Mr. Short for the balance of 14 # . 9 s due to you.

The difference of 6 # 5 s duty on tob o . carried in French and American bottoms makes an extreme impression here. Notwithstanding the dispositions expressed by the National Assembly to treat on a friendly footing, I fear a retaliation will be thought indispensable, which if equivalent to their duty on our vessels will have the appearance of hostility. An additional tonnage of 12 # . 10 s the ton burthen on all French ships entering the ports of the U. S. would be but equivalent to an additional duty of 6 # . 5 s . the hogshead on all tob o . carried in American ships into the ports of France. I take for granted the National Assembly were surprised into the measure by persons whose avarice blinded them to the consequences, hope it will be repealed before our legislature shall be obliged to act on it. Such an attack on our carriage of our own productions, such a retaliation would illy prepare the minds of the two nations for a liberal treaty as wished for by the real friends of both.

I trouble you again in the affairs of my neighbor M. de Rieux, whose letters I leave open for your perusal, as they will explain their object, together with the one addressed to yourself. I must ask the favor of you to advise Mr Plumand de Rieux of Nantes as to the best mode of remitting the money hither, as that will be much better known to you on the spot, than to me at this distance.

Thomas Jefferson
Jefferson, Thomas
Aug. 30. 1791
Philadelphia
John Adams
Adams, John

TO JOHN ADAMS

j. mss.
My Dear Sir,

—I received some time ago your favor of July 29, and was happy to find that you saw in it’s true point of view the way in which I had been drawn into the scene which must have been so disagreeable to you. The importance which you still seem to allow to my note, the effect you suppose it to have had, tho’ unintentional in me, induce me to show you that it really had no effect. Paine’s pamphlet, with my note, was published here about the 2 d . week in May. Not a word ever appeared in the public papers here on the subject for more than a month; and I am certain not a word on the subject would ever have been said, had not a writer, under the name of Publicola, at length undertaken to attack Mr. Paine’s principles, which were the principles of the citizens of the U. S. Instantly a host of writers attacked Publicola in support of those principles. He had thought proper to misconstrue a figurative expression in my note; these writers so far noticed me as to place the expression in it’s true light. But this was only an incidental skirmish preliminary to the general engagement, and they would not have thought me worth naming, had not he thought proper to bring me on the scene. His antagonists, very criminally, in my opinion, presumed you to be Publicola, and on that presumption hazarded a personal attack on you. No person saw with more uneasiness than I did, this unjustifiable assault; and the more so when I saw it continued after the printer had declared you were not the author. But you will perceive from all this, my dear Sir, that my note contributed nothing to the production of these disagreeable pieces. As long as Paine’s pamphlet stood on it’s own feet on my note, it was unnoticed. As soon as Publicola attacked Paine, swarms appeared in his defence. To Publicola then not in the least degree to my note, this whole contest is to be ascribed all it’s consequences.

You speak of the execrable paragraph in the Connecticut papers. This it is true appeared before Publicola; but it had no more relation to Paine’s pamphlet and my note, than to the Alcoran. I am satisfied the writer of it had never seen either; for when I passed through Connecticut about the middle of June, not a copy had ever been seen by anybody, either in Hartford or New Haven, nor probably in that whole State: and that paragraph was so notoriously the reverse of the disinterestedness of character which you are known to possess by everybody who knows your name, that I never heard a person speak of the paragraph, but with an indignation in your behalf which did you entire justice. This paragraph then certainly did not flow from my note, any more than the publications which Publicola produced. Indeed it was impossible that my note should occasion your name to be brought into question; for so far from naming you, I had not even in view any writing which I might suppose to be yours, and the opinions I alluded to were principally those I had heard in common conversation from a sect aiming at the subversion of the present government to bring in their favorite form of a king, lords commons.

Thus I hope, my dear Sir, that you will see me to have been as innocent in effect as I was in intention. I was brought before the public without my own consent, from the first moment of seeing the effort of the real aggressor in this business to keep me before the public, I determined that nothing should induce me to put pen to paper in the controversy. The business is now over, I hope it’s effects are over, and that our friendship will never be suffered to be committed, whatever use others may think proper to make of our names.

The event of the King’s flight from Paris his recapture, will have struck you with its importance. It appears I think that the nation is firm within, and it only remains to see whether there will be any movement from without. I confess I have not changed my confidence in the favourable issue of that revolution, because it has always rested on my own ocular evidence of the unanimity of the nation, wisdom of the Patriotic party in the National Assembly. The last advices render it probable that the Emperor will recommence hostilities against the Porte. It remains to see whether England and Prussia will take a part. Present me to Mrs. Adams with all the affections I feel for her, and be assured of those devoted to yourself by, my dear Sir, your sincere friend serv t .

Thomas Jefferson
Jefferson, Thomas
Sept. 1. 1791
Philadelphia
Jean Baptiste Ternant
Ternant, Jean Baptiste

TO THE FRENCH MINISTER
(JEAN BAPTISTE TERNANT)

j. mss.
Sir,

—I have communicated to the President what passed between us the other day, on the subject of the payments made to France by the United States in the assignats of that country, since they have lost their par with gold silver: and after conferences, by his instruction, with the Secretary of the Treasury, I am authorized to assure you, that the government of the United States have no idea of paying their debt in a depreciated medium, and that in the final liquidation of the payments which shall have been made, due regard will be had to an equitable allowance for the circumstance of depreciation. 1

Thomas Jefferson
Jefferson, Thomas
Oct. 23, 1791
George Washington
Washington, George

TO THE PRESIDENT OF THE UNITED STATES

j. mss.

Th: Jefferson has the honour to subjoin the alternative he suggested in the last paragraph of the President’s speech. 2

Having read Colo. Humphrey’s letters after Mr. Short’s he had been lead into an erroneous arrangement of the facts they state. Colo. Humphrey’s letter mentioning the King’s refusal of the constitution is of Aug. 22. while it appears by Mr. Short’s letter of Aug. 30. that it had not yet been presented to him, that it was believed he would ratify it.

Thomas Jefferson
Jefferson, Thomas
Nov. 6. 1791
Philadelphia
William Carmichael
Carmichael, William

TO THE U. S. CHARGÉ D’AFFAIRES IN SPAIN
(WILLIAM CARMICHAEL)

j. mss.
Sir,

—My last letter to you was of the 24th of August. A gentleman going from home to Cadiz will be the bearer of this, and of the newspapers to the present date, and will take care that the letter be got safe to you if the papers cannot.

Mr. Mangnall, at length tired out with his useless solicitations at this office, to obtain redress from the court of Spain for the loss of the Doser cutter, has laid the matter before Congress, the Senate have desired me to report thereon to them. I am sorry to know nothing more of the subject than that letter after letter has been written to you thereon, and that the office is in possession of nothing more than acknolegements of your receipt of some of them so long ago as Aug. 1786. and still to add that your letter of Jan. 24. 1791. is the only one received of later date than May 6. 1789. You certainly will not wonder if the receipt of but one letter in two years an half inspires a considerable degree of impatience. I have learnt thro’ a circuitous channel that the court of Madrid is at length disposed to yield to our right of navigating the Missisipi. I sincerely wish it may be the case, and that this act of justice may be made known before the delay of it produces anything intemperate from our Western inhabitants.

Congress is now in session. You will see in the papers herewith sent the several weighty matters laid before them in the President’s speech. The session will probably continue through the winter. I shall sincerely rejoice to receive from you not only a satisfactory explanation of the reasons why we receive no letters, but grounds to hope that it will be otherwise in future.

Thomas Jefferson
Jefferson, Thomas
November 7th 179
Philadelphia
George Washington
Washington, George

TO THE PRESIDENT OF THE UNITED STATES

j. mss.
Sir,

—I have duly considered the letter you were pleased to refer to me, of the 18th of August from his Excellency Governor Pinckney, to yourself, together with the draught of one proposed to be written by him to the Governor of Florida, claiming the redelivery of certain fugitives from justice, who have been received in that Country. The inconveniences of such a receptacle for debtors and malefactors in the neighbourhood of the southern States are obvious and great; and I wish the remedy were as certain and short as the letter seems to suppose.

The delivery of fugitives from one Country to another, as practised by several Nations, is in consequence of conventions settled between them, defining precisely the cases wherein such deliveries shall take place. I know that such conventions exist between France and Spain, France and Sardinia, France and Germany, France and the United Netherlands; between the several sovereigns constituting the Germanic Body, and, I believe, very generally between co-terminous States on the Continent of Europe. England has no such Convention with any nation, and their laws have given no such power to their Executive to surrender fugitives of any description; they are accordingly constantly refused, and hence England has been the asylum of the Paolis, the La Mottes, the Calonnes, in short, of the most atrocious offenders as well as the most innocent victims, who have been able to get there.

The laws of the United States, like those of England, receive every fugitive, and no authority has been given to our Executives to deliver them up. In the case of Longechamp, a subject of France, a formal demand was made by the minister of France, and was refused. He had, indeed, committed an offence within the United States but he was not demanded as a criminal but as a subject.

The French Government has shown great anxiety to have such a convention with the United States, as might authorize them to demand their subjects coming here; they got a clause in the consular convention signed by Dr. Franklin and the Count de Vergennes, giving their Consuls a right to take and send back Captains of vessels, mariners and passengers. Congress saw the extent of the word passengers, and refused to ratify the Convention; a new one was therefore formed, omitting that word. In fact, however desirable it be that the perpetrators of crimes, acknowledged to be such by all mankind, should be delivered up to punishment, yet it is extremely difficult to draw the line between those and acts rendered criminal by tyrannical laws only; hence the first step always, is a convention defining the cases where a surrender shall take place.

If then the United States could not deliver up to Governor Quesada, a fugitive from the laws of his Government, we cannot claim as a right the delivery of fugitives from us: and it is worthy consideration, whether the demand proposed to be made in Governor Pinckney’s letter, should it be complied with by the other party, might not commit us disagreeably, perhaps dishonorably in event; for I do not think we can take for granted, that the legislature of the United States will establish a convention for the mutual delivery of fugitives; and without a reasonable certainty that they will, I think we ought not to give Governor Quesada any grounds to expect, that in a similar case, we would re-deliver fugitives from his Government.

Thomas Jefferson
Jefferson, Thomas
Nov. 8. 1791
Philadelphia
George Washington
Washington, George

TO THE PRESIDENT OF THE UNITED STATES

j. mss.
Sir,

—I have now the honour to inclose you a report on the lands of the U. S. within the North Western and South Western territories, unclaimed either by Indians, or by Citizens of these states.

In order to make the estimate of their quantity situation, as desired by the legislature, it appeared necessary first to delineate the Indian boundaries which Circumscribe those territories, then to present a statement of all claims of citizens within the same; from whence results the residuary unclaimed mass, whereon any land law the legislature may think proper to pass, may operate immediately, without obstruction.

I have not presumed to decide on the merits of the several claims, nor consequently to investigate them minutely. This will only be proper, when such of them as may be thought doubtful, if there should be any such, shall be taken up for final decision.

Thomas Jefferson
Jefferson, Thomas
Nov. 8. 1791

REPORT ON INDIAN LANDS

The Secretary of State to whom was referred by the President of the U. S. the resolution of Congress requesting the President to cause an estimate to be laid before Congress at their next session of the quantity situation of the lands not claimed by the Indians, nor granted to, nor claimed by, any citizens of the U. S. within the territory ceded to the U. S. by the state of North Carolina within the territory of the U. S. north west of the river Ohio, makes thereon the following Report.

South western Territory. The territory ceded by the State of North Carolina to the U. S. by deed bearing date the 25th. day of Feb. 1790 is bounded as follows to wit; beginning in the boundary between Virginia N. Carolina, that is to say, in the parallel of latitude 36½ degrees North from the equator on the extreme height of the stone mountain, where the sd boundary or parallel intersects it, running thence along the sd extreme height of the river Missisipi; thence up the middle of the sd. river to where it is intersected by the first mentioned parallel of 36½ degrees; then along the sd parallel to the beginning: which tract of Country is a degree a half of latitude from North to South, about 360 miles in general from East to West, as nearly as may be estimated from such maps as exist of that Country.

Indian Claims. The Indians having claims within the sd tract of country are the Cherokees Chickasaws, whose boundaries are settled by the treaties of Hopewell, concluded with the Cherokees on the 28 day of Nov. 1785, with the Chickasayos on the 10 th . day of January 1786, and by the treaty of Holston concluded with the Cherokees July 2. 1791. These treaties acknowledge to the sd Indians all the lands Westward Southward of the following lines, to wit, Beginning in the boundary between South North Carolina where the South Carolina Indian boundary strikes the same; thence North to a point from which a line is to be extended to the river Clinch that shall pass the Holston at the ridge which divides the waters; and containing, as may be conjectured without pretending to accuracy, between seven and eight thousand square miles or about 5. millions of acres; And to one other parcel to the Westward, somewhat triangular also, comprehending parts of the counties of Sumner, Davidson Tannissee, the base whereof extends about 150 miles also, from East to West on the same Virginia Line, it’s height from North to South, about 55 miles, so may comprehend about five thousand square miles, or upwards of two an half millions of acres of land.

Claims of Citizens. Within these however are the following claims of citizens reserved by the deed of cession consequently which furnish exceptions to the rights of the U. S.

I. Appropriations by the state of North Carolina for their Continental State Officers Souldiers.

II. Grants, Titles to grants vested in individuals by the laws of the State.

III. Entries made in Armstrong’s office under an act of that State of 1783 for the redemption of specie other certificates.

Thomas Jefferson
Jefferson, Thomas
Nov. 9, 1791
Philadelphia
William Short
Short, William

TO WILLIAM SHORT 1

T. Pinckney of S. C. has this day the offer of the Mission to London, as M. P. When we know whether he accepts or not, which will not be these 6. weeks, the Nomination of a M. P. for Par. a Min. Resid. for the Hague will be made. The former is in suspense between yourself another. If you do not have that, you will have the latter. There was never a symptom by which I could form a guess on this subject till 3 days ago. Nobody here will know a word of it these 6. weeks. Hearing a vessel in this port was just hoisting sail for Havre, I avail myself of it to give you the information which you are to keep secret, till it may be openly communicated.

Thomas Jefferson
Jefferson, Thomas
Nov. 10, 1791

REPORT ON MANGNALL

d. s. mss.

The Secretary of State, to whom was referred by the Senate of the United States, the petition of John Mangnall, has had the same under consideration, and thereupon makes the following Report.

He finds that Congress, on the application of the Petitioner, resolved on the 27 th . day of Sep. 1780. that the profit of the capture of the Doser cutter should be divided among the captors, that the honble Mr. Jay, their Minister Plenipotentiary at the court of Madrid should be instructed to endeavor to obtain for the sd captors the benefit by their resolve of Octob. 14. 1777.

That such instructions were accordingly sent by the Committee for foreign Affairs to Mr. Jay, who continued, during his residence there, to press the settlement of this claim, under very varying prospects as to the result.

That after he came to the direction of the office for foreign Affairs, he continued to press the same subject through our Chargé des Affaires at Madrid; and it has been since resumed urged in the strongest terms by the Secretary of State.

That as yet no information is received of what has been done, or is likely to be done.

That the circumstances of the country where this business has been transacted, have rendered the transmission receipt of letters at all times difficult precarious, latterly in a remarkable degree. But still that there will be no remission of endeavors to obtain justice for the Petitioner his Associates.

As to so much of the petition as prays that a pension may be allowed him until the adjustment of his claim, it will rest with the wisdom of the Senate to decide on it’s reasonableness. The precedent will indeed be new, may bring on other applications in similar cases to which the irregular conduct of officers military civil, have given rise, will perpetually give rise. But if they shall perceive that the measure is right, the consequence that it will lead to repetitions in other cases equally right ought to be met. 1

As to so much of the said petition as prays that the petitioner may be allowed a pension from the Public until his claim shall be decided at the Court of Madrid, the Secretary of State observes, that in times of war questions are continually arising on the legitimacy of capture, on acts of piracy, on acts of violence at sea, and in times of peace on seizures for contraband, regular irregular, which draw on discussions with foreign nations, always of long continuance, and often of results in which expedience rather than justice renders acquiescence adviseable; that some such cases are now depending between the Governments of the United States and of other countries; that a great number of Applications might be made for pensions on the same ground with the present, both now and hereafter; that it is not known that the claims are just ’till they are heard and decided on, and even when decided to be just, the Government from which it is due is alone responsible for the money: and He is therefore of opinion that such a pension ought not to be granted.

Thomas Jefferson
Jefferson, Thomas
Nov. 11. 1791
James Madison
Madison, James

TO JAMES MADISON

mad. mss.

In my report on How’s case, where I state that it should go to the President, it will become a question with the house whether they shall refer it to the President themselves, or give it back to the petitioner, let him so address it, as he ought to have done at first. I think the latter proper, 1, because it is a case belonging purely to the Executive; 2, the legislature should never show itself in a matter with a foreign nation, but where the case is very serious and they mean to commit the nation on it’s issue; 3, because if they indulge individuals in handing through the legislature their applications to the Executive, all applicants will be glad to avail themselves of the weight of so powerful a solicitor. Similar attempts have been repeatedly made by individuals to get the President to hand in their petitions to the legislature, which he has constantly refused. It seems proper that every person should address himself directly to the department to which the constitution has allotted his case; and that the proper answer to such from any other department is, ‘that it is not to us that the constitution has assigned the transaction of this business.” I suggest these things to you, that if they may appear to you to be right, this kind of business may in the first instance be turned into it’s proper channel.

Thomas Jefferson
Jefferson, Thomas
Nov. 13. 1791
Hugh Williamson
Williamson, Hugh

TO HUGH WILLIAMSON

j. mss.
Dear Sir,

—On considering the subject of the clause you wished to have introduced in the inclosed bill, I found it more difficult than I had on first view imagined. Will you make the first trial against the patentee conclusive against all others who might be interested to contest his patent? If you do he will always have a collusive suit brought against himself at once. Or will you give every one a right to bring actions separately? If you do, besides running him down with the expences vexations of lawsuits, you will be sure to find some jury in the long run, who from motives of partiality or ignorance, will find a verdict against him, tho’ a hundred should have been before found in his favour. I really believe that less evil will follow from leaving him to bring suits against those who invade his right. If, however, you can get over the difficulty will drop me a line, I will try to prepare a clause, tho’ I am sure you will put your own ideas into form better than any body else can.

Thomas Jefferson
Jefferson, Thomas
Nov. 14. 1791

REPORT ON HOWE

The Secretary of State, to whom was referred by the House of Representatives the Petition of William Howe, praying satisfaction from the United States, for a Debt due to him in Nova Scotia, and whereon Judgment has been rendered against him, contrary to existing Treaties, as he supposes, with Instructions to examine the same, and report his Opinions thereupon to the House, has had the same under consideration, and thereupon Reports:

That if the facts be justly stated in the Petition; Indemnification is to be sought from a foreign Nation, and, therefore, that the Case is a proper one to be addressed to the President of the United States.

That, when in that Channel, if it shall be found after advising with Counsel at Law, that the Verdict or Judgment rendered in the said Case is Inconsistent with Treaty, it will become a proper Subject of Representation to the Court of London, and of Indemnification from them to the Party.

That to this Interposition the Petitioner will, in that case, be entitled, but not to any Reimbursement from the United States directly.

Thomas Jefferson
Jefferson, Thomas
Nov 24, 1791
Philadelphia
William Short
Short, William

TO THE CHARGÉ D’AFFAIRES IN FRANCE
(WILLIAM SHORT)

Dear Sir,

— * * * You mention that Drost wishes the devices of our money to be sent to him, that he may engrave them there. This cannot be done, because not yet decided on. The devices will be fixed by the law which shall establish the mint. M. de Ternant tells me he has no instructions to propose to us the negotiation of a commercial treaty, and that he does not expect any. I wish it were possible to draw that negotiation to this place.—In your letter of July 24, is the following paragraph.

“It is published in the English newspapers that war is inevitable between the U. S. Spain, that preparations are making for it on both sides. M. de Montmorin asked me how the business stood at present, seemed somewhat surprised at my telling him that I knew nothing later than what I had formerly mentioned to him.—I have in more than one instance experienced the inconvenience of being without information. In this it is disagreeable, as it may have the appearance with M. de Montmorin, of my having something to conceal from him, which not being the case it would be wrong that he should be allowed to take up such an idea.—I observed that I did not suppose there was any new circumstance, as you had not informed me of it.”

Your observation was certainly just. It would be an Augean task for me to go through the London newspapers and formally contradict all their lies, even those relating to America. On our side, there have been certainly no preparations for war against Spain; nor have I heard of any on their part but in the London newspapers. As to the progress of the negotiation, I know nothing of it but from you; having never had a letter from Mr. Carmichael on the subject. Our best newspapers are sent you from my office, with scrupulous exactness, by every vessel sailing to Havre, or any other convenient port of France. On these I rely for giving you information of all the facts possessed by the public; and as to those not possessed by them, I think there has not been a single instance of my leaving you uninformed of any of them which related to the matters under your charge. In Freneau’s paper of the 21st inst. you will see a small essay on population emigration, which I think it would be well if the news writers of Paris would translate insert in their papers. The sentiments are too just not to make impression.

Some proceedings of the assembly of St. Domingo have lately taken place, which it is necessary for me to state to you exactly that you may be able to do the same to M. de Montmorin. When the insurrection of their negroes assumed a very threatening appearance the assembly sent a deputy here to ask assistance of military stores provisions. He addressed himself to M. de Ternant, who (the President being then in Virginia, as I was also) applied to the Secretaries of the Treasury War. They furnished 1000 stand of arms, other military stores, and placed 40,000 dollars in the Treasury subject to the order of M. de Ternant, to be laid out in provisions, or otherwise, as he should think best. He sent the arms other military stores; but the want of provisions did not seem so instantaneous, as to render it necessary, in his opinion, to send any at that time. Before the vessel arrived in St. Domingo, the Assembly, further urged by the appearance of danger, sent two deputies more, with large demands; viz 8000 fusils bayonets, 2000 mousquators, 3000 pistols, 3000 sabres, 24,000 barrels of flour, 400.000 worth of Indian meal, rice, peas hay, a large quantity of plank, c. to repair the buildings destroyed. They applied to M. de Ternant, then, with his consent to me; he I having previously had a conversation on the subject. They proposed to me 1. that we should supply those wants from the money we owed France; or 2. for bills of exchange which they were authorized to draw on a particular fund in France; or 3. that we would guarantee their bills, in which case they could dispose of them to merchants, buy the necessaries themselves. I convinced them the two latter alternatives were beyond the powers of the Executive, the 1st could only be done with the consent of the Minister of France. In the course of our conversation, I expressed to them our sincere attachment to France all it’s dominions, most especially to them who were our neighbors, and whose interests had some common points of union with ours, in matters of commerce; that we wished therefore to render them every service they needed; but that we could not do it in any way disagreeable to France; that they must be sensible that M. de Ternant might apprehend that jealousy would be excited by their addressing themselves directly to foreign powers, therefore that a concert with him in their applications to us was essential. The subject of independance their views towards it having been stated in the public papers, this led our conversation to it I must say they appeared as far from these views as any persons on earth. I expressed to them freely my opinion that such an object was neither desirable on their part nor attainable; that as to ourselves there was one case which would be peculiarly alarming to us, to wit, were there a danger of their falling under any other power; that we concieved it to be strongly our interests that they should retain their connection with the mother country; that we had a common interest with them in furnishing them the necessaries of life in exchange for sugar coffee for our own consumption, but that I thought we might rely on the justice of the mother country towards them, for their obtaining this privilege; and on the whole let them see that nothing was to be done but with the consent of the minister of France. I am convinced myself that their views their application to us are perfectly innocent; however M. de Ternant, still more M. de La Forest are jealous. The deputies on the other hand think that M. de Ternant is not sensible enough of their wants. They delivered me sealed letters to the President, to Congress. That to the President contained only a picture of their distresses application for relief. That to Congress I know no otherwise than thro’ the public papers. The Senate read it sent it to the Representatives, who read it and have taken no other notice of it. The line of conduct I pursue is to persuade these gentlemen to be contented with such moderate supplies from time to time as will keep them from real distress, to wait with patience for what would be a surplus till M. de Ternant can receive instructions from France which he has reason to expect within a few weeks; and I encourage the latter gentleman even to go beyond their absolute wants of the moment, so far as to keep them in good humour. He is accordingly proposing to lay out 10.000 dollars for them for the present. It would be ridiculous in the present case to talk about forms. There are situations when form must be dispensed with. A man attacked by assassins will call for help to those nearest him, will not think himself bound to silence till a magistrate may come to his aid. It would be unwise in the highest degree that the colonists should be disgusted with either France or us; for it might then be made to depend on the moderation of another power whether what appears a chimæra might not become a reality. I have thought it necessary to go thus fully into this transaction, particularly as to the sentiments I have expressed to them, that you may be enabled to place our proceedings in their true light.

Our Indian expeditions have proved successful. As yet however they have not led to peace.—Mr. Hammond has lately arrived here as Minister Plenipotentiary from the court of London, and we propose to name one to that court in return.—Congress will probably establish the ratio of representation by a bill now before them at one representative for every 30.000 inhabitants. Besides the newspapers as usual, you will receive herewith the Census lately taken by towns counties as well as by states.

Thomas Jefferson
Jefferson, Thomas
November 179

CLAUSES FOR TREATY OF COMMERCE WITH FRANCE 1

j. mss.

The citizens of the U. S. of France of their dominions, their vessels, productions manufactures, as well those raised by their industry from the sea, as from the soil, shall be received and treated, each in all the dominions of the other, as if they were the native citizens, or the home built vessels, or the productions, or the manufactures of the other.

Saving that the duties payable on the productions or manufactures of either country or its dominions, imported into the other or it’s dominions, may remain as at present, where they do not exceed per cent. on the value of the article at the port of importation; in which case of excess they are hereby, ipso facto, reduced to that measure: and where they shall be hereafter reduced by either party, on any article, in favor of any other nation, they shall stand ipso facto reduced on the same article in favor of the other party, yielding the like equivalent only where the reduction has been for an equivalent. And that this beneficial restraint of duties on the industry of either may not be defeated by premiums on that of the other, it is agreed that every premium for any production or manufacture of either country shall be extended on ye same conditions by the party giving it to the like production or manufacture of the other.

Saving also to the persons of their citizens mutually that they shall continue under these incapacities of Office suffrage, each with the other, which the constitution or laws of France or of the U. S. or any of them, or of any of their dominions, here or shall establish against foreigners of all nations without exception.

Nov. 26, 1791

QUESTIONS TO BE CONSIDERED OF 1

d. s. mss.

I. As to France.

Shall it be proposed to M. de Ternant, to form a treaty, ad referendum, to this effect.

“The citizens of the U. S. and of France, their vessels, productions manufactures shall be received and considered, each in all the dominions of the other, as if they were the native citizens, or the ships, productions or manufactures of that other. And the productions of the sea shall be received in all the dominions of each as if they were the productions of the country by the industry of whose citizens they have been taken or produced from the sea.

“Saving only as to the persons of their citizens, that they shall continue under those incapacities for office, each with the other, which the Constitutions of France, or of the U. S. or any of them, have or shall establish against foreigners of all nations without exception.”

If not, shall a treaty be proposed to him, ad referendum, in which the conditions shall be detailed on which the persons, ships, productions manufactures of each shall be received with the other, and the imposts to which they shall be liable be formed into a tariff?

Shall the Senate be consulted in the beginning, in the middle, or only at the close of this transaction? II. As to England.

Shall Mr. Hammond be now asked whether he is instructed to give us any explanations of the intentions of his court as to the detention of our Western posts, and other infringements of our treaty with them?

Shall he be now asked whether he is authorized to conclude, or to negotiate, any commercial arrangements with us?

Thomas Jefferson
Jefferson, Thomas
Nov. 29. 1791
Philadelphia
George Hammond
Hammond, George

TO THE BRITISH MINISTER
(GEORGE HAMMOND)

j. mss.
Sir,

—In recalling your attention to the Seventh Article of the Definitive Treaty of Peace between the United States of America and his Britannic Majesty, wherein it was stipulated that His Britannic Majesty should, with all convenient speed, and without causing any destruction, or carrying away any negroes or other property of the American inhabitants, withdraw all his armies, garrisons and fleets from the said United States, and from every post, place, and harbour within the same. I need not observe to you that this article still remains in a state of inexecution, nor recapitulate what, on other occasions, has past on this subject. Of all this I presume you are fully apprised. We consider the friendly movement lately made by the court of London, in sending a Minister to reside with us, as a favorable omen of it’s disposition to cultivate harmony and good will between the two nations; and we are perfectly persuaded that these views will be cordially seconded by yourself in the ministry which you are appointed to exercise between us. Permit me then, Sir, to ask whether you are instructed to give us explanations of the intentions of your court as to the execution of the article above quoted?

With respect to the Commerce of the two Countries, we have supposed that we saw in several instances, regulations on the part of your government, which if reciprocally adopted, would naturally injure the interests of both nations.

On this subject too, I must beg the favor of you to say whether you are authorized to conclude, or to negociate arrangements with us, which may fix the Commerce between the two Countries on principles of reciprocal advantage?

Thomas Jefferson
Jefferson, Thomas
Dec. 2, 1791
Butler
Butler

RESOLUTIONS CONCERNING ALGIERS 1

j. mss.

Draught of a Secret resolution of the Senate.

Resolved by the Senate of the U.S. that if the President of the the U. S. shall think proper to enter into any treaty or convention for the purpose of ransoming the citizens of the U.S. now in captivity at Algiers at an expense not exceeding [40.000] dollars, or for the preservation of peace in future with that with Tunis or Tripoli or both powers at an expence not exceeding [40.000] dollars to be annually paid for years the Senate will advise consent to the ratification thereof.

Ransom.

The ransom lately agreed on by persons unauthorised and unknown 34.792
Clothes and passages of 14. persons @ 100. D. each   1.400
Expenses of negotiator, c. . . .suppose about   3.000
39,192
Should the attempt be made fail it will Probably cost   5,000

Peace—The Dutch, Danes, Swedes, and Venetians pay from 24,000 to 30,000 @ annually.

France as is said, besides presents, from time to time pays 100,000 annually.

England it is supposed expends one year with another 280,000

Draught of a Secret resolution of both houses.

Resolved by the Senate House of Representatives of the U. S. in Congress assembled, that if the President of the U. S. by with the advise consent of the Senate shall think proper to enter into any treaty or convention for the purpose of ransoming the citizens of the U. S. now in captivity at Algiers at an expence not exceeding [40.000] dollars or for the preservation of peace in future with that power with Tunis or Tripoli or both at an expence not exceeding [40,000] to be annually paid for years, the Congress of the U. S. will provide for the expences of any measures which he shall take for accomplishing these objects, tho’ such measures should not succeed, provided such expences exceed not [5000] dollars.

Then should follow a resolution for furnishing the money beforehand, c.

Thomas Jefferson
Jefferson, Thomas
Dec. 5, 1791
Philadelphia
George Hammond
Hammond, George

TO THE BRITISH MINISTER
(GEORGE HAMMOND)

j. mss.
Sir,

—Your favor of Nov. 30, remains still unanswered because the clerks are employed in copying some documents on the subject of the treaty of peace which I wish to exhibit to you with the answer.

In the mean time, as to that part of your letter which respects matters of commerce, the fear of misunderstanding it induces me to mention my idea of it and to ask if it be right. Where you are pleased to say that you are “authorised to communicate to this government his majesty’s readiness to enter into a negociation for establishing that intercourse [of Commerce] upon principles of reciprocal benefit,” I understand that you are not furnished with any commission or express powers to arrange a treaty with us, or to make any specific propositions on the subject of commerce; but only to assure us that his Britanic majesty is ready to concur with us in appointing persons, times and places for commencing such a negociation. Be so good as to inform me if there be any misapprehension in this, as some steps on our part may be necessary in consequence of it.

Thomas Jefferson
Jefferson, Thomas
Dec. 6, 1791

NOTE ON SPANISH NEGOTIATIONS 1

j. mss.

Don Joseph Jaudenes communicated verbally to the Secretary of State that his Catholic majesty has been apprized through the channel of the court of Versailles of our sollicitude to have some arrangements made respecting our free navigation of the Missisipi, a port thereon convenient for the deposit of merchandise of export import, for lading and unlading the sea and river vessels, that his majesty will be ready to enter into treaty thereon directly with us, whenever we shall send to Madrid a proper acceptable person duly authorized to treat on our part.

Thomas Jefferson
Jefferson, Thomas
December 12th, 1791

NOTES ON BRITISH NEGOTIATIONS

The discussions which are opening between Mr. Hammond and our government, have as yet looked towards no objects but those which depend on the treaty of peace. There are, however, other matters to be arranged between the two governments, some of which do not rest on that treaty. The following is a statement of the whole of them:

1st. The West posts.

2d. The negroes carried away.

3d. The debt of their bank in Maryland, and perhaps Rhode Island.

4th. Goods taken from the inhabitants of Boston, while the town was in their possession, and compensation promised.

5th. Prizes taken after the dates at which hostilities were to cease.

6th. Subsistence of prisoners.

7th. The Eastern boundary.

Which of these shall be taken into the present discussion?

Which of them shall be left to arrangement through the ordinary channels of our ministers, in order to avoid embarrassing the more important points with matters of less consequence?

On the subject of commerce shall Mr. Hammond be desired to produce his powers to treat, as is usual, before conferences are held on that subject?

Thomas Jefferson
Jefferson, Thomas
Dec. 12, 1791
Philadelphia
George Hammond
Hammond, George

TO THE BRITISH MINISTER
(GEORGE HAMMOND)

j. mss.
Sir,

—I take the liberty of enclosing you an extract of a letter from a respectable character, giving information of a Mr. Bowles 1 lately come from England into the Creek country, endeavouring to excite that nation of Indians to war against the United States and pretending to be employed by the government of England. We have other testimony of these pretensions, that he carries them much farther than there stated. We have too much confidence in the justice wisdom of the British government to believe they can approve of the proceedings of this incendiary impostor, or countenance for a moment a person who takes the liberty of using their name for such a purpose; and I make the communication merely that you may take that notice of the case which in your opinion shall be proper.

Thomas Jefferson
Jefferson, Thomas
December 13, 1791
Philadelphia
George Hammond
Hammond, George

TO THE BRITISH MINISTER
(GEORGE HAMMOND)

j. mss.
Sir,

—I have laid before the President of the United States the letters of Nov. 30, and Dec. 6. with which you honored me, and in consequence thereof, and particularly of that part of your letter of Dec. 6th where you say you are fully authorised to enter into a negociation for the purpose of arranging the commercial intercourse between the two countries, I have the honor to inform you that I am ready to receive a communication of your full powers for that purpose at any time you shall think proper, and to proceed immediately to their object.

Thomas Jefferson
Jefferson, Thomas
Dec. 13, 1791
George Washington
Washington, George

TO THE PRESIDENT OF THE UNITED STATES

d. s. mss.

Th: Jefferson presents his respects to the President of the U. S. and sends him the letter he has prepared for Mr. Hammond relative to his Commercial commission.

He also includes the rough draught 1 of the one he has prepared on the subject of the treaty of Peace, with the documents he proposes to communicate in support of the facts. The 1st of these (the Substance of the Conference c) is communicated because Carleton was more explicit in that conversation, than in his letter of May 12. as to the magnitude of the first embarcation and that the negroes then embarked were the property of the U. S. Yet this piece of evidence does not seem essentially necessary, and Th. J. asks the opinion of the President on the subject. He will wait on him to-day a quarter before three on these subjects.

Thomas Jefferson
Jefferson, Thomas
Dec. 16, 1791
George Washington
Washington, George

DRAFT FOR PRESIDENT’S MESSAGE ON INDIAN WAR 1

j. mss.
Gentlemen of

— The pacific measures which were adopted for establishing peace between the United States the North Western Indians having proved ineffectual, and the military operations which thereon became necessary, tho’ successful in the first instance, being otherwise in the last as was stated to you in my communication of instant, it behoves us to look forward in time to the further protection of our Western citizens.

I see no reason to doubt that operations of force must still be pursued. I have therefore instructed the Secretary at war, to prepare, for your information, a statement of the transactions of his department material to this object. These are now laid before you. While they serve to shew that the plan which was adopted for employing the public force wealth was such as promised reasonably a more effectual issue, they will enable you also to judge of the provision which it may now be expedient to make for the ensuing year. An estimate of the Secretary at war on this subject is now laid before you.

Thomas Jefferson
Jefferson, Thomas
December 19, 1791

OPINION RELATIVE TO CERTAIN LANDS ON LAKE ERIE, SOLD BY THE UNITED STATES TO PENNSYLVANIA

The Secretary of State, to whom was referred, by the President of the United States, a letter from the Governor of Pennsylvania, with the documents therein mentioned, on the subject of certain lands on Lake Erie, having had the same under consideration, thereupon Reports:

That Congress, by their resolution of June 6th, 1788, directed the Geographer General of the United States to ascertain the quantity of land belonging to the United States between Pennsylvania and Lake Erie, and authorized a sale thereof.

That a sale was accordingly made to the commonwealth of Pennsylvania.

That Congress, by their resolution of September 4th, 1788, relinquished to the said commonwealth all their right to the government and jurisdiction of the said tract of land; but the right of soil was not transferred by the resolution.

That a survey of the said tract has been since made, and the amount of the purchase money been settled between the comptrollers of the United States and of the said Commonwealth, and that the Governor of Pennsylvania declares in the said letter, to the President of the United States, that he is ready to close the transaction on behalf of the said commonwealth.

That there is no person at present authorized, by law, to convey to the said commonwealth the right of soil, in the said tract of land.

And the Secretary of State is therefore of opinion that the said letter and documents should be laid before the legislature of the United States to make such provision by law for conveying the said right of soil, as they in their wisdom shall think fit.

Thomas Jefferson
Jefferson, Thomas
Dec. 22, 1791

REPORT ON NEGOTIATION WITH SPAIN 1

The Secretary of State reports to the President of the United States, that one of the Commissioners of Spain, in the name of both, has lately communicated to him, verbally, by order of his Court, that his Catholic Majesty, apprized of your solicitude to have some arrangements made respecting our free navigation of the river Mississippi, and the use of a port thereon, is ready to enter into a treaty thereon at Madrid.

The Secretary of State is of opinion, that this overture should be attended to without delay, and that the proposal of treating at Madrid, though not what might have been desired, should yet be accepted, and a commission plenipotentiary made out for the purpose.

That Mr. Carmichael, the present Chargé des Affaires of the United States at Madrid, from the local acquaintance which he must have acquired with persons and circumstances, would be an useful and proper member of the commission: but that it would be useful, also, to join with him some person more particularly acquainted with the circumstances of the navigation to be treated of.

That the fund appropriated by the act providing the means of intercourse between the United States and foreign nations, will insufficiently furnish the ordinary and regular demands on it, and is, consequently, inadequate to the mission of an additional Commissioner express from hence.

That, therefore, it will be advisable, on this account, as well as for the sake of despatch, to constitute some one of the Ministers of the United States in Europe, jointly with Mr. Carmichael, Commissioners Plenipotentiary, for the special purpose of negotiating and concluding with any person or persons duly authorized by his Catholic Majesty, a convention or treaty for the free navigation of the river Mississippi by the citizens of the United States, under such accommodations with respect to a port, and other circumstances, as may render the said navigation practicable, useful, and free from dispute: saving to the President and Senate their respective rights as to the ratification of the same; and that the said negotiation be at Madrid, or such other place in Spain as shall be desired by his Catholic Majesty.

Thomas Jefferson
Jefferson, Thomas
Dec 23, 1791
Philadelphia
Archibald Stuart
Stuart, Archibald

TO ARCHIBALD STUART

j. mss.
Dear Sir,

—I received duly your favor of Octob 22. and should have answered it by the gentleman who delivered it, but that he left town before I knew of it.

That it is really important to provide a constitution for our state cannot be doubted: as little can it be doubted that the ordinance called by that name has important defects. But before we attempt it, we should endeavor to be as certain as is practicable that in the attempt we should not make bad worse. I have understood that Mr. Henry has always been opposed to this undertaking: and I confess that I consider his talents and influence such as that, were it decided that we should call a Convention for the purpose of amending, I should fear he might induce that convention either to fix the thing as at present, or change it for the worse. Would it not therefore be well that means should be adopted for coming at his ideas of the changes he would agree to, for communicating to him those which we should propose? Perhaps he might find ours not so distant from his but that some mutual sacrifices might bring them together.

I shall hazard my own ideas to you as hastily as my business obliges me. I wish to preserve the line drawn by the federal constitution between the general particular governments as it stands at present, and to take every prudent means of preventing either from stepping over it. Tho’ the experiment has not yet had a long enough course to shew us from which quarter encroachments are most to be feared, yet it is easy to foresee from the nature of things that the encroachments of the state governments will tend to an excess of liberty which will correct itself (as in the late instance) while those of the general government will tend to monarchy, which will fortify itself from day to day, instead of working its own cure, as all experience shews. I would rather be exposed to the inconveniences attending too much liberty than those attending too small a degree of it. Then it is important to strengthen the state governments: and as this cannot be done by any change in the federal constitution, (for the preservation of that is all we need contend for,) it must be done by the states themselves, erecting such barriers at the constitutional line as cannot be surmounted either by themselves or by the general government. The only barrier in their power is a wise government. A weak one will lose ground in every contest. To obtain a wise an able government, I consider the following changes as important. Render the legislature a desirable station by lessening the number of representatives (say to 100) and lengthening somewhat their term, and proportion them equally among the electors: adopt also a better mode of appointing Senators. Render the Executive a more desirable post to men of abilities by making it more independant of the legislature. To wit, let him be chosen by other electors, for a longer time, and ineligible for ever after. Responsibility is a tremendous engine in a free government. Let him feel the whole weight of it then by taking away the shelter of his executive council. Experience both ways has already established the superiority of this measure. Render the Judiciary respectable by every possible means, to wit, firm tenure in office, competent salaries, and reduction of their numbers. Men of high learning and abilities are few in every country; by taking in those who are not so, the able part of the body have their hands tied by the unable. This branch of the government will have the weight of the conflict on their hands, because they will be the last appeal of reason.—These are my general ideas of amendments; but, preserving the ends, I should be flexible conciliatory as to the means. You ask whether Mr. Madison and myself could attend on a convention which should be called? Mr. Madison’s engagements as a member of Congress will probably be from October to March or April in every year. Mine are constant while I hold my office, and my attendance would be very unimportant. Were it otherwise, my office should not stand in the way of it. I am with great sincere esteem, Dr Sir, your friend servt.

Thomas Jefferson
Jefferson, Thomas
December 23, 1791
Philadelphia
George Washignton
Washignton, George

TO THE PRESIDENT OF THE UNITED STATES

j. mss.
Sir,

—As the conditions of our commerce with the French and British Dominions, are important, and a moment seems to be approaching, when it may be useful that both should be accurately understood, I have thrown a representation of them into the form of a Table, shewing at one view, how the principal articles, interesting to our Agriculture and Navigation, stand in the European and American dominions of these two Powers. As to so much of it as respects France, I have cited under every article the law on which it depends: which laws, from 1784, downwards, are in my possession.

Port charges are so different; according to the size of the vessel, and the dexterity of the captain, that an examination of a greater number of Portbills might, perhaps, produce a different result. I can only say that, that expressed in the Table, is fairly drawn from such Bills as I could readily get access to, and that I have no reason to suppose it varies much from the truth, nor on which side the variation would lie. Still, I cannot make myself responsible for this article. The authorities cited will vouch the rest. 1

lf0054-06_figure_002.jpg
Footing of the Commerce of the United States with France England, with the French and English Amr. Colonies
lf0054-06_figure_003.jpg
The following Articles, being on an equal footing in both Countries, are thrown together
Thomas Jefferson
Jefferson, Thomas
Dec. 24, 1791
Philadelphia
Daniel Smith
Smith, Daniel

TO THE SECRETARY OF THE U. S. TERRITORY SOUTH OF THE RIVER OHIO
(DANIEL SMITH)

j. mss.
Sir,

—I have to acknowlege the receipt of your favor of Sep. 1. and Octob. 4. together with the report of the Executive proceedings in the South Western Government from March 1. to July 26.

In answer to that part of yours of Sept. 1. on the subject of a seal for the use of that government, I think it extremely proper necessary, that one should be provided at public expense.

The opposition made by Governor Blount yourself to all attempts by citizens of the U. S. to settle within the Indian lines without authority from the General government is approved, and should be continued.

There being a prospect that Congress, who have now the post Office bill before them, will establish a post from Richmond to Stanton, continue it there towards the S. W. government a good distance, if not nearly to it, our future correspondence will be more easy, quick certain.

Thomas Jefferson
Jefferson, Thomas
Dec. 27, 1791

NOTE ON SPANISH NEGOTIATIONS

j. mss.

Don Joseph Jaudenes (at a dinner at the city tavern) told me he had received new instructions from his court to express to us the king’s dispositions to settle everything on the most friendly footing and to express his uneasiness at having received the communication of our sentiments thro’ the chargé des affaires of France, while a direct communication was open between us, the matter having been only suspended, but not broken off since the departure of Mr. Gardoqui, and to express his pleasure also at the polite reception the President had given to his Commissioners here. 1

Thomas Jefferson
Jefferson, Thomas
Jan. 1-4, 1792

DRAFT OF PRESIDENT’S MESSAGE ON DIPLOMATIC NOMINATIONS 2

j. mss.
Gentlemen of the Senate,—

Your house has been pleased to communicate to me their resolutions, purporting a decision by them that it is expedient from whence an implication arises that in their opinion they might have decided that no such appointments were expedient.

After mature consideration consultation, I am of opinion that the constitution has made the President the sole competent judge to what places circumstances render it expedient that Ambassadors or other public ministers should be sent, of what grade they should be: and that it has ascribed to the Senate no executive act but the single one of giving or withholding their consent to the person nominated.

I think it my duty therefore to protest, do protest against the validity of any resolutions of the Senate asserting or implying any right in that house to exercise any executive authority, but the single one before mentioned.

It is scarcely necessary to add that nothing herein is meant to question their right to concur in making treaties: this being considered not as a branch of Executive, but of Legislative powers, placed by the constitution under peculiar modifications.

Thomas Jefferson
Jefferson, Thomas
Jan. 1, 1792
Philadelphia
Thomas Mann Randolph
Randolph, Thomas Mann

TO THOMAS MANN RANDOLPH

j. mss.
Dear Sir,

—Your favor of Nov. 28 came to hand on the 22d ult. The length of time it was on the way shews that our post was not yet become exact. The post-office bill now before the legislature will place on the regular establishment, as it directs a cross post from Richmond to Columbia, Charlottesville, Staunton, and thence along that valley southwest and to the southwestern government so on to Kentuckey. I urged strenuously to our representatives the impropriety of sending a post destined for the Southwestern government Kentuckey, by the way of Charlottesville Staunton, as it was palpable to me from my own knowlege of the country that it ought from Columbia to pass up James river to Lynchburg and by the peaks of Otter to have left Charlottesville and Staunton still to take care of themselves. They decided otherwise however, which so far as my own interest is concerned is a convenience to me and so far as my neighbors friends are benefited might by them be favorably imputed to me, but I had rather withdraw my claim to their favor in this instance, than found it in what I think would have been wrong.—You will have heard that the representation bill is lost, might have been saved had R. H. Lee been here at any moment during it’s dependance. Nothing more is yet done on the subject. The measures to be taken for the defence of the Western country are not yet brought forward. Half a dozen Cherokees arrived here two days ago. They have not yet explained their business.—I thank you for your experiment on the Peach tree. It proves my speculation practicable, as it shews that 5. acres of peach trees at 21. feet apart will furnish dead wood enough to supply a fireplace through the winter, may be kept up at the trouble of only planting about 70. peach stones a year. Suppose this extended to 10. fireplaces, it comes to 50. acres of ground, 5000 trees, and the replacing about 700 of them annually by planting so many stones. If it be disposed at some little distance, say in a circular annulus from 100. to 300 yards from the house, it would render a cart almost useless.—When I indulge myself in these speculations, I feel with redoubled ardor my desire to return home to the pursuit of them, to the bosom of my family, in whose love alone I live or wish to live, in that of my neighbors.—But I must yet a little while bear up against my weariness of public office.

Maria says she is writing to her sister. My next week’s letter will inclose a bank bill for the £35.—Present my tender affections to my daughter accept assurances of the same to yourself.

Thomas Jefferson
Jefferson, Thomas
January 3, 1792
William Short
Short, William

TO WILLIAM SHORT 1

You are nominated to the Senate, Minister Resident to the Hague; Thomas Pinckney, Minister Plenipotentiary to London. Gouverneur Morris, Minister Plenipotentiary to France. A party in the Senate against Morris has joined with another party which is against all permanent foreign establishments, and neither being strong enough to carry their point separately, they have been now twelve days in suspense, looking for the result as to what compromise they will form together. Whatever you may hear otherwise, be assured that no mortal, not even their own body, can at this moment guess the result. You shall know it by the first vessel after it is known to me.

Thomas Jefferson
Jefferson, Thomas
Jan. 4. 1792
Philadelphia
Caleb Strong
Strong, Caleb

TO THE CHAIRMAN OF SENATE COMMITTEE ON NOMINATIONS
(CALEB STRONG)

Sir,

—I am just now made to recollect a mistake in one of the answers I gave last night to the committee of the Senate, and which therefore I beg leave to correct. 2 After calling to their minds the footing on which Mr. Morris had left matters at the court of London, informing them of what had passed between the British ministers here myself, I was asked whether this was all that had taken place, whether there had been no other or further engagement. I paused, you may remember, to recollect; I knew nothing more had passed on the other side of the water because Mr. Morris’s powers there had been determined, I endeavoured to recollect whether anything else had passed with Mr. Hammond myself. I answered that this was all, added in proof that I was sure nothing had passed between the President Mr. Hammond personally, so I might safely say this was all.—It escaped me that there had been an informal agent here (Col. Beckwith) so informal that it was thought proper that I should never speak on business with him, and that on a particular occasion, the question having been asked whether if a British minister should be sent here, we would send one in exchange, it was said, thro’ another channel, that one would doubtless be sent. Having only been present when it was concluded to give this answer, and not having been myself the person who communicated it, nor having otherwise had any conversation with Col. Beckwith on the subject it absolutely escaped my recollection at the moment the committee put the question, and I now correct the error I committed in my answer with the same good faith with which I committed the error in the first moment. Permit me to ask the favor of you, Sir, to communicate this to the other members of the Committee and to consider this as a part of the information I had the honor of giving the Committee on the subject.

Thomas Jefferson
Jefferson, Thomas
January 4, 1792
Philadelphia
George Washington
Washington, George

TO THE PRESIDENT OF THE UNITED STATES

d. s. mss.
Sir,

—Having been in Conversation today with Monsr. Payan, one of the St. Domingo deputies, I took occasion to inquire of him the footing on which our commerce there stands at present, and particularly whether the colonial Arret of 1789, permitting a free importation of our Flour till 1793, was still in force. He answered that, that Arret was revoked in France on the clamours of the merchants there; and that a like permission to carry Flour to the three usual ports, and he thinks to bring away Coffee and Sugar, was immediately renewed by the Governor. Whether this has been regularly kept up by renewed Arrets during the present troubles he cannot say, but is sure that in practice it has never been discontinued, and that not by contraband, but openly and legally, as is understood. The public application to us to send Flour there is a proof of it. Instead therefore of resting this permission on a colonial Arret till 1793, it should be rested on temporary Arrets renewed from time to time as heretofore. This correction of the notes I took the liberty of laying before you, with the table containing a comparative view of our commerce with France and England, I thought it my duty to make.

Thomas Jefferson
Jefferson, Thomas
Jan. 6. 1792
Philadelphia
Plumard de Rieux
Rieux, Plumard de

TO PLUMARD DE RIEUX

Dear Sir,

—Your favor of Nov. 15. was a month getting to me. Since my receipt of it, I have taken such opportunities as my business acquaintance here would allow me, to try whether I could obtain money for you, on the ground explained in your letter, either from the bank, or any other persons. The bank gives money in exchange only for merchants ’ notes, on application to merchants I find that nothing will induce them to lend either their money or their credit to an individual. In fact they strain both to their utmost limits for their own purposes. The rage of gambling in the stocks, of various descriptions is such, and the profits sometimes made, therefore always hoped in that line are so far beyond any interest which an individual can give, that all their money credit is centered in their own views. The bank has just now notified it’s proprietors that they may call for a dividend of 10. per cent on their capital for the last 6. months. This makes a profit of 26. per cent per annum. Agriculture, commerce, every thing useful must be neglected, when the useless employment of money is so much more lucrative.

I inclose you a letter from Mr. Mazzei open as it came to me. Finding that you could not receive your legacy till a certificate of your being alive at the time of the testator’s death should be sent there, I have [ illegible ] your life as on the 11th of Octob. last, under his seal of my office, which I have indorsed to Mr. Short to be delivered to Mr. de Bellonger to be used for you. This may save time. But lest it should be disputed, I would advise you to go before a magistrate, and get your personal appearance certified by him, let it be certified under the seal of the commonwealth that he is a magistrate duly qualified. I inclose you a copy of the certificate I have sent. I have said nothing to Mr. Mazzei on this subject.

Thomas Jefferson
Jefferson, Thomas
January 10, 1792
William Short
Short, William

TO WILLIAM SHORT 1

Tho’ the Senate has been constantly on the subject of my cyphered letter, there is no decision as yet. We have been constantly in expectation that each day they would finish it.

Thomas Jefferson
Jefferson, Thomas
Jan 10 1792
George Washington
Washington, George

REPORT ON COMMERCIAL RESTRICTIONS OF DENMARK

j. mss.

The Secretary of State having received information that the Merchants and Merchandize of the United States are subject in Copenhagen and other ports of Denmark to considerable extra duties, from which they might probably be relieved by the presence of a Consul there; Reports to the President of the United States:

That it would be expedient to name a Consul, to be resident in the port of Copenhagen: That he has not been able to find that there is any citizen of the United States residing there: That there is a certain Hans Rodolph Saabye, a Danish subject and merchant of that place of good character, of wealth and distinction, and well qualified and disposed to act there for the United States, who would probably accept of the commission of Consul; but that that of Vice-Consul, hitherto given by the President to foreigners in ports where there was no proper American citizen, would probably not be accepted, because in this as in some other ports of Europe, usage has established it as a subordinate grade.—

And that he is therefore of opinion, that the said Hans Rodolph Saabye should be nominated Consul of the United States of America for the port of Copenhagen, and such other places within the allegiance of his Danish Majesty as shall be nearer to the said port than to the residence of any other Consul or Vice-Consul of the United States within the same allegiance.

Thomas Jefferson
Jefferson, Thomas
January 15th, 1792
Philadelphia
Martha Jefferson Randolph
Randolph, Martha Jefferson

TO MARTHA JEFFERSON RANDOLPH 1

My Dear Martha,

—Having no particular subject for a letter, I find none more soothing to my mind than to indulge itself in expressions of the love I bear you, and the delight with which I recall the various scenes through which we have passed together in our wanderings over the world. These reveries alleviate the toils and inquietudes of my present situation, and leave me always impressed with the desire of being at home once more, and of exchanging labor, envy, and malice for ease, domestic occupation, and domestic love and society; where I may once more be happy with you, with Mr. Randolph and dear little Anne, with whom even Socrates might ride on a stick without being ridiculous. Indeed it is with difficulty that my resolution will bear me through what yet lies between the present day and that which, on mature consideration of all circumstances respecting myself and others, my mind has determined to be the proper one for relinquishing my office. Though not very distant, it is not near enough for my wishes. The ardor of these, however, would be abated if I thought that, on coming home, I should be left alone. On the contrary, I hope that Mr. Randolph will find a convenience in making only leisurely preparations for a settlement, and that I shall be able to make you both happier than you have been at Monticello, and relieve you of désagrémens to which I have been sensible you were exposed, without the power in myself to prevent it, but by my own presence. Remember me affectionately to Mr. Randolph, and be assured of the tender love of yours.

Thomas Jefferson
Jefferson, Thomas
Jan 17. 1792
Philadelphia
Thomas Pinckney
Pinckney, Thomas

TO THOMAS PINCKNEY

j. mss.
Sir,

—Your favors of Nov 29, 30, Dec 1, came duly to hand and gave sincere pleasure by announcing your disposition to accept the appointment to London. The nominations to Paris the Hague having been detained till yours could be made, they were all immediately sent into the Senate, to wit, yourself for London, Mr. G. Morris for Paris; Mr. Short for the Hague. Some members of the Senate apprehending they had a right of determining on the expediency of foreign missions, as well as on the persons named, took that occasion to bring forward the discussion of that question, by which the nominations were delayed two or three weeks. I am happy to be able to assure you that not a single personal motive with respect to yourself entered into the objections to these appointments. On the contrary I believe that your nomination gave general satisfaction. Your commission will be immediately made out, but as the opportunities of conveyance at this season are precarious, you propose coming to this place, I think it better to retain it.

As to the delay proposed in your letter, it was to be expected: indeed a winter passage from Charleston to this place or across the Atlantic is so disagreeable, that if either that circumstance or the arrangement of your affairs should render it in the smallest degree eligible to you to remain at home until the temperate season comes on to stay till after the Vernal equinox, there will be no inconvenience to the public, attending it. On the contrary, as we are just opening certain negotiations with the British minister here, which have not yet assumed any determinate complexion, a delay till that time will enable us to form some judgment of the issue they may take, and to know exactly in what way your cooperation at the place of your destination may aid us. On this and other accounts it will be highly useful that you take this place in your way, where, or at New York, you will always be sure of finding a convenient passage to England.

Thomas Jefferson
Jefferson, Thomas
Jan. 22, 1792
George Washington
Washington, George

REPORT ON RUSSELL

d. s. mss.

The Secretary of State, to whom was referred by the President of the United States, the letter of the Governor of Virginia of January 7th, 1792, with the Report of a Committee of the House of Delegates of that Commonwealth of December 12th, 1791, and Resolution of the General Assembly thereon of December 17th on the case of Charles Russell, late an Officer in the service of the said Commonwealth, stating that a considerable part of the Tract of Country allotted for the Officers and Soldiers having fallen into the State of North Carolina on the extention of their common boundary, the Legislature of the said State had in 1781 passed an Act substituting in lieu thereof the Tract of Country between the said boundary and the Rivers Mississippi, Ohio, and Tennissee, and subjecting the same to the claims of their officers and Soldiers: that the said Charles Russell had in consequence thereof directed warrants for 2666 Acres of Land to be located within the said Tract of Country; but the same belonging to the Chickasaws, he is unable to obtain a right thereto, and that there are other officers and Soldiers of the said Commonwealth under like circumstances: Reports.

That the Tract of Country before described, is within the boundaries of the Chickasaw Nation as established by the Treaty of Hopewell the 10th day of January 1786.

That the right of occupancy of the said Lands therefore being vested in the said nation, the case of the said Charles Russell and other Officers and Soldiers of the said Commonwealth becomes proper to be referred to the Legislature of the United States for their consideration.

Thomas Jefferson
Jefferson, Thomas
January 23d, 1792
Philadelphia
William Short
Short, William

TO THE U. S. MINISTER TO THE HAGUE
(WILLIAM SHORT)

j. mss.
Dear Sir,

—I have the pleasure to inform you that the President of the United States has appointed you Minister Resident for the United States at the Hague, which was approved by the Senate on the 16th inst. This new mark of the President’s confidence will be more pleasing to you, as it imports an approbation of your former conduct, whereon be pleased to accept my congratulations. You will receive herewith a letter from myself to Monsr. de Montmorin closing your former mission, your new Commission, letters of Credence from the President for the States general and Stadtholder sealed, and copies of them open for your own satisfaction. You will keep the cypher we have heretofore used.

Your past experience in the same line renders it unnecessary for me to particularize your duties on closing your present, or conducting your future mission. Harmony with our friends being our object, you are sensible how much it will be promoted by attention to the manner, as well as the matter of your communications with the Government of the United Netherlands.

I feel myself particularly bound to recommend, as the most important of your charges, the patronage of our Commerce and the extension of it’s privileges, both in the United Netherlands and their Colonies, but most especially the latter.

The allowance to a Minister resident of the United States is 4500 dollars a year for all his personal services and other expences, a year’s salary for his outfit, and a quarter’s salary for his return. It is understood that the personal services and other expences here meant, do not extend to the cost of gazettes and pamphlets transmitted to the Secretary of State’s Office, to translating or printing necessary papers, postage, couriers, and necessary aids to poor American sailors. These additional charges therefore may be inserted in your accounts; but no other of any description, unless where they are expressly directed to be incurred. The salary of your new grade being the same as of your former one, and your services continued tho’ the scene of them is changed, there will be no intermission of salary; the new one beginning where the former ends, and ending when you shall receive notice of your permission to return. For the same reason there can be but one allowance of outfit and return, the former to take place now, the latter only on your final return. The funds appropriated to the support of the foreign establishment, do not admit the allowance of a Secretary to a Minister resident. I have thought it best to state these things to you minutely, that you may be relieved from all doubt as to the matter of your accounts. I will beg leave to add a most earnest request, that on the 1st day of July next, and on the same day annually afterwards, you make out your account to that day, and send it by the first vessel and by duplicates. In this I must be very urgent and particular, because at the meeting of the ensuing Congress always it is expected that I prepare for them a statement of the disbursements from this fund from July to June inclusive. I shall give orders by the first opportunity to our Bankers in Amsterdam to answer your draughts for the allowances herein before mentioned, recruiting them at the same time by an adequate remitment; as I expect that by the time you receive this they will not have remaining on hand of this fund more than 7 or 8000 dollars.

You shall receive from me from time to time the laws and journals of Congress, gazettes and other interesting papers; for whatever information is in possession of the public I shall leave you generally to the gazettes, and only undertake to communicate by letter such, relative to the business of your mission, as the gazetteers cannot give. From you I shall ask, once or twice a month, regularly, a communication of interesting occurrences in Holland, of the general affairs in Europe, and the regular transmission of the Leyden gazette by every British packet, in the way it now comes, which proves to be very regular. Send also such other publications as may be important enough to be read by one who can spare little time to read anything, or which may contain matter proper to be turned to on interesting subjects and occasions. The English packet is the most certain channel for such epistolatory communications as are not very secret, and by those packets I would wish always to receive a letter from you by way of corrective to the farrago of news they generally bring. Intermediate letters, secret communications, gazettes and other printed papers had better come by private vessels from Amsterdam, which channel I shall use generally for my letters, and always for gazettes and other printed papers.

The President has also joined you in a special and temporary commission with Mr. Carmichael to repair to Madrid, and there negotiate certain matters respecting the navigation of the Missisipi, and other points of common interest between Spain and us. As some time will be necessary to make out the instructions and transcripts necessary in this business, they can only be forwarded by some future occasion; but they shall be soon forwarded, as we wish not to lose a moment in advancing negotiations so essential to our peace. For this reason I must urge you to repair to the Hague at the earliest day the settlement of your affairs in Paris will admit, that your reception may be over, and the idea of your being established there strengthened before you receive the new orders.

Thomas Jefferson
Jefferson, Thomas
January 23, 1792
Philadelphia
Gouverneur Morris
Morris, Gouverneur

TO THE U. S. MINISTER TO FRANCE
(GOUVERNEUR MORRIS)

j. mss.
Dear Sir,

—I have the pleasure to inform you that the President of the United States has appointed you Minister Plenipotentiary for the United States at the court of France, which was approved by the Senate on the 12th instant, on which be pleased to accept my congratulations. You will receive herewith your Commission, a Letter of Credence for the King sealed and a copy of it open for your own satisfaction, as also a Cypher to be used on proper occasions in the correspondence between us.

To you it would be more than unnecessary for me to undertake a general delineation of the functions of the Office to which you are appointed. I shall therefore only express our desire, that they be constantly exercised in that spirit of sincere friendship and attachment which we bear to the French Nation; and that in all transactions with the Minister, his good dispositions be conciliated by whatever in language or attentions may tend to that effect. With respect to their Government, we are under no call to express opinions which might please or offend any party, and therefore it will be best to avoid them on all occasions, public or private. Could any circumstances require unavoidably such expressions, they would naturally be in conformity with the sentiments of the great mass of our countrymen, who having first, in modern times, taken the ground of Government founded on the will of the people, cannot but be delighted on seeing so distinguished and so esteemed a Nation arrive on the same ground, and plant their standard by our side.

I feel myself particularly bound to recommend, as the most important of your charges, the patronage of our Commerce and the extension of it’s privileges, both in France and her Colonies but most especially the latter. Our Consuls in France are under general instructions to correspond with the Minister of the United States at Paris; from them you may often receive interesting information. Joseph Fenwick is Consul at Bordeaux and Burwell Carnes at Nantz; M de la Motte Vice Consul at Havre and M Cathalan fils at Marseilles.

An act of Congress of July 1st, 1790, has limited the allowance of a Minister plenipotentiary to 9000 dollars a year for all his personal services and other expences, a year’s salary for his outfit, and a quarter’s salary for his return. It is understood that the personal services and other expences here meant, do not extend to the cost of gazettes and pamphlets transmitted to the Secretary of State’s Office, to translating or printing necessary papers, postage, couriers, and necessary aids to poor American sailors. These additional charges therefore may be inserted in your accounts; but no other of any description, unless where they are expressly directed to be incurred. By an ancient rule of Congress, your salary will commence from the day you receive this Letter, if you be then at Paris, or from the day you set out for Paris from any other place at which it may find you; it ceases on receiving notice or permission to return, after which the additional quarter’s allowance takes place. You are free to name your own private Secretary, who will receive from the public a salary of 1350 dollars a year, without allowance for any extras. I have thought it best to state these things to you minutely, that you may be relieved from all doubt as to the matter of your accounts. I will beg leave to add a most earnest request, that on the 1st day of July next and on the same day annually afterwards, you make out your account to that day, and send it by the first vessel and by duplicates. In this I must be very urgent and particular, because at the meeting of the ensuring Congress always it is expected that I prepare for them a statement of the disbursements from this fund from July to June inclusive. I shall give orders by the first opportunity to our Bankers in Amsterdam to answer your drafts for the allowances herein before mentioned, recruiting them at the same time by an adequate remitment, as I expect that by the time you receive this they will not have remaining on hand of this fund more than 7. or 8000 dollars.

You shall receive from me from time to time the laws and journals of Congress, gazettes and other interesting papers; for whatever information is in possession of the public I shall leave you generally to the gazettes, and only undertake to communicate by letter such, relative to the business of your mission, as the gazettes cannot give.

From you I shall ask, once or twice a month regularly, a communication of interesting occurrences in France, of the general affairs of Europe, and a transmission of the Leyden gazette, the Journal logographe, and the best paper of Paris for their Colonial affairs, with such other publications as may be important enough to be read by one who can spare little time to read anything, or which may contain matter proper to be turned to on interesting subjects and occasions. The English packet is the most certain channel for such epistolary communications as are not very secret, and by those packets I would wish always to receive a letter from you by way of corrective to the farrago of news they generally bring. Intermediate letters, secret communications, gazettes and other printed papers, had better come through the channel of M de la Motte at Havre, to whom I shall also generally address my letters to you, and always the gazettes and other printed papers.

Mr. Short will receive by the same conveyance, his appointment as Minister resident at the Hague.

Thomas Jefferson
Jefferson, Thomas
Jan 25, 1792
George Washington
Washington, George

DRAFT OF A LETTER FROM THE PRESIDENT TO THE SECRETARY OF WAR 1

j. mss.
Sir,

—As the circumstances which has engaged the U. S. in the present Indian war, may some of them be out of the public recollection, others perhaps be unknown, I shall be glad if you will prepare publish from authentic documents, a statement of these circumstances, as well as of the measures which have been taken from time to time for the establishment of peace friendship.

When our constituents are called on for considerable exertions to relieve a part of their fellow-citizens suffering under the hand of an enemy, it is desireable for those interested with the administration of their affairs to communicate without reserve what they have done to ward off the evil.

Thomas Jefferson
Jefferson, Thomas
Jan 25, 1792
Philadelphia
Joseph Jaudenes
Jaudenes, Joseph
Joseph Viar
Viar, Joseph

TO THE SPANISH COMMISSIONERS
(JOSEPH JAUDENES, AND JOSEPH VIAR)

s. p.
Gentlemen,

—Don Joseph Jaudenes having communicated to me verbally that his Catholic majesty had been apprised of our sollicitude to have some arrangements made respecting our free navigation of the Missisipi, a port thereon convenient for the deposit of merchandize of export import for lading unlading the sea and river vessels, and that his majesty would be ready to enter into treaty thereon directly with us, whensoever we should send to Madrid a proper acceptable person authorized to treat on our part, I laid the communication before the President of the United States. I am authorized by him to assure you that our government has nothing more at heart than to meet the friendly advances of his Catholic majesty with cordiality, and to concur in such arrangements on the subject proposed, as may tend best to secure peace and friendship between the two nations on a permanent footing. The President has therefore, with the approbation of the Senate, appointed Mr. Short, our present Minister resident at the Hague, to proceed to Madrid as a joint Commissioner with Mr. Carmichael, with full powers to treat on the subject before mentioned, and I have no doubt that these gentlemen will so conduct themselves as to give entire satisfaction. Mr. Short’s business at the Hague will occasion a short delay of his departure from that place, for Madrid, but he will be duly urged to make it as short as possible.

Thomas Jefferson
Jefferson, Thomas
Jan 26, 1792
Philadelphia
Joseph Jaudenes
Jaudenes, Joseph
Joseph Viar
Viar, Joseph

TO THE SPANISH COMMISSIONERS
(JOSEPH JAUDENES AND JOSEPH VIAR)

j. mss.
Gentlemen,

—By your letter of yesterday evening in answer to mine of the morning, I perceive that Don Joseph Jaudenes’s communication verbally had not been understood in the same way by him myself. How this has happened I cannot conceive. Monsr. de Jaudenes will do me the justice to recollect that when he had made the verbal communication to me I asked his permission to commit it to writing. I did so, read it to him, corrected a phrase or two at his desire to render it exact to his expression, read it to him again, he approved it. I inclose you a verbal copy of it, being the one dated Dec. 6. This I laid before the President, it was the basis of our subsequent proceedings. On the 27th of Dec. Don Joseph de Jaudenes, at the city tavern, spoke to me again on the same subject. When I came home in the evening I committed to writing the substance of what he had said, as far as my memory enabled me.

I send you a copy under the date of Dec. 27. but for the exactness of this I cannot undertake with as much certainty as the first. Accordingly you will find my letter of yesterday morning strictly conformable to the note of the first communication. Thus much has been said for my own justification. It remains now that the error be corrected, and that I may set out again on sure ground, I must ask the favor of you to give me in writing the communication intended to be made. Whatever it be, you may be assured that our dispositions to preserve friendship perfect understanding with his Catholic majesty, as well as to render the exercise of your functions here as pleasing to yourselves as possible, will induce us to receive with great partiality the intimations of your court, and to proceed on them accordingly. I shall suspend doing any thing more on this subject till you favor me with your answer. 1

Thomas Jefferson
Jefferson, Thomas
Jan 28, 1792
George Washington
Washington, George

TO THE PRESIDENT OF THE UNITED STATES

j. mss.

Th: Jefferson presents his respects to the President and returns him the draught of the letter with proofs of his confidence in the indulgence of the President, having freely used the liberty he gave him in softening some expressions lest they should be too much felt by Mr. Morris. The changes are made with a pencil only, and can therefore be easily restored where disapproved. 2

Thomas Jefferson
Jefferson, Thomas
January 28th, 1792
Philadelphia
William Short
Short, William

TO WILLIAM SHORT

j. mss.

The present will be very confidential, and will go I do not know how, as I can not take time to cypher it all. What has lately occurred here will convince you that I have been right in not raising your expectations as to an appointment. The President proposed at first the nomination of Mr. T. Pinckney to the Court of London, but would not name him till we could have an assurance from him that he would accept; nor did he indicate what the other appointments would be till Mr. P’s answer came. Then he nominated to the Senate Mr. Morris, M. P. for France, Pinckney, M. P., for London, and yourself, M. R., for the Hague. The first of these appointments was so extremely unpopular, and so little relished by several of the Senate, that every effort was used to negative it. Those whose personal objections to Mr. Morris over weighed their deference to the President, finding themselves in the minority, joined with another small party who were against all foreign appointments, and endeavored with them to put down the whole system rather than let this article pass. This plan was defeated, and Mr. Morris passed by vote of 16 against 11. When your nomination came on it was consented to by 15 against 11; every man of the latter, however, rising and declaring as to yourself they had no personal objection, but only meant by their vote to declare their opinion against keeping any person at the Hague. Those who voted in the negative, were not exactly the same in both cases. When the biannual bill, furnishing money for the support of the foreign establishments shall come on at the next session, to be continued, the same contest will arise again, and I think it very possible that, if the opponents of Mr. M. can not remove him otherwise, they will join again with those who are against the whole establishment, and try to discontinue the whole. If they fail in this, I still see no security in their continuing the mission to the Hague, because to do this they must enlarge the fund from $40,000 to $50,000. The President afterward proceeded to join you to Carmichael on a special mission to Spain, to which their was no opposition except from three gentlemen who were against opening the Mississippi. I told the President that, as I expected the Hague mission would be discontinued after the next session, I should advise you to ask permission to return. He told me not to do this, for that as Carmichael had asked leave to return, and he meant to give it as soon as he should get thro’ the business jointly confided to you, and to appoint you his successor as Minister Resident. Therefore do in this what you chuse; only inform me of your wishes, that I may co-operate with them, and taking into consideration the determination I have unalterably fixed for retiring from my office at the close of our first Federal cycle, which will be first of March, 1793. All this is confided sacredly to your secrecy, being known to no living mortal but the President, Madison, and yourself. 1

Thomas Jefferson
Jefferson, Thomas
Feb. 179

PLAN OF POSTS

j. mss.

It is proposed that there shall be one post a week passing along the main post road from North to South, at the rate of 100 miles a day. All intermediate post all cross posts to remain as at present, unless it should be thought well to put the post towards Kentuckey, as far as practicable, on the quick establishment.

Let this road be divided into stages of 25 miles each, as nearly as may be, and let there be a postman to each stage. For some stages from the seat of government the great towns, a light cart drawn by two horses, as used in Europe, will probably be found necessary, after which we may expect a horse portmenteau will suffice. Let the hours for post riding be from 3. oclock in the morning to 11 oclock at night, which gives 20. hours, allowing to every rider 5 hours to perform his stage of 25. miles. If he rides at the rate of 6. miles an hour, he will have near an hour for crossing ferries, other delays accidents.—There may be a saving near the seat of government by sending the postman his mail by the stages to Baltimore New York, when that is performed by the stages in one day.

Let every rider take a way bill from the postmaster of the stage he leaves, expressing the day, hour minute of his departure, and have entered on the same bill by the postmaster at the next stage, the hour minute of his arrival, let the way-bill be returned by the same post to the postmaster general at the seat of government, that delays may be traced by him whenever any circumstance shall call for it.

Thomas Jefferson
Jefferson, Thomas
February 2d, 1792
Philadelphia
George Hammond
Hammond, George

TO THE BRITISH MINISTER
(GEORGE HAMMOND)

j. mss.
Sir,

—On the receipt of your letter of the 14th of December I communicated it to the President of the United States, and under the sanction of his authority the principal members of the executive department made it their duty to make known in conversations, generally, the explicit disclaimer, in the name of your court, which you had been pleased to give us, that the Government of Canada had supported or encouraged the hostilities of our indian neighbours in the western country. Your favor of January the 30th. to the same purpose has been in like manner communicated to the President, and I am authorized to assure you, that he is duly sensible of this additional proof of the disposition of the court of London to confine the proceedings of their officers in our vicinage within the limits of friendship and good neighbourhood, and that a conduct so friendly and just will furnish us a motive the more for those duties and good offices which neighbour nations owe each other.

You have seen too much, Sir, of the conduct of the press in countries where it is free, to consider the gazettes as evidence of the sentiments of any part of the government: you have seen them bestow on the government itself, in all it’s parts it’s full share of inculpation. Of the sentiments of our government on the subject of your letter, I cannot give you better evidence than the statement of the causes of the indian war, made by the Secretary of War on the 26th of the last month, by order of the President, and inserted in the public papers. No interference on the part of your nation is therein stated among the causes of the war. I am happy however in the hope, that a due execution of the treaty will shortly silence those expressions of public feeling by removing their cause, and I have the honor to be with great respect and esteem Sir Your most obedient most humble servant.

Thomas Jefferson
Jefferson, Thomas
February 4th, 1792
Philadelphia
George Washington
Washington, George

TO THE PRESIDENT OF THE UNITED STATES

j. mss.
Sir,

—The late appointment of a Minister Resident to the Hague, has brought under consideration the condition of Mr. Dumas, and the question whether he is, or is not, at present in the service of the U. S.?

Mr. Dumas, very early in the war, was employed first by Dr. Franklin, afterwards by Mr. Adams, to transact the affairs of the U. S. in Holland. congress never passed any express vote of confirmation, but they opened a direct correspondence with Mr. Dumas, sent him orders to be executed, confirmed and augmented his salary, made that augmentation retrospective, directed him to take up his residence in their hotel at the Hague, and passed such other votes from time to time as established him de facto their Agent at the Hague. On the change in the organization of our government in 1789, no commission nor new appointment took place with respect to him, tho’ it did in most other cases; yet the correspondence with him from the Office of foreign affairs has been continued, and he has regularly received his salary. A doubt has been suggested whether this be legal? I have myself no doubt but that it is legal. I consider the source of authority with us to be the Nation.—Their will declared through its proper organ, is valid, till revoked by their will declared through it’s proper organ again also. Between 1776 1789 the proper organ for pronouncing their will, whether legislative or executive, was a Congress formed in a particular manner. Since 1789 it is a Congress formed in a different manner for laws, and a President, elected in a particular way, for making appointments doing other Executive acts. The laws and appointments of the antient Congress were as valid permanent in their nature, as the laws of the new Congress, or appointments of the new Executive; these laws appointments in both cases deriving equally their source from the will of the Nation; and when a question arises, whether any particular law or appointment is still in force? we are to examine, not whether it was pronounced by the antient or present organ, but whether it has been at any time revoked by the authority of the Nation expressed by the organ competent at the time. The Nation by the act of their federal convention, established some new principles some new organizations of the government. This was a valid declaration of their will, and ipso facto revoked some laws before passed, and discontinued some offices officers before appointed. Wherever by this instrument, an old office was suspended by a new one, a new appointment became necessary; but where the new Constitution did not demolish an office, either expressly or virtually, nor the President remove the officer, both the office and officer remained. This was the case of several: in many of them indeed an excess of caution dictated the superaddition of a new appointment; but where there was no such superaddition, as in the instance of Mr. Dumas, both the office and officer still remained: for the will of the nation, validly pronounced by the proper organ of the day, had constituted him their agent, and that will has not through any of it’s successive organs revoked its appointment. I think, therefore, there is no room to doubt it’s continuance, and that the receipt of salary by him has been lawful.

However I would not wish to take on myself alone the decision of a question so important, whether considered in a legal or constitutional view; and therefore submit it to you, Sir, whether it is not a proper question whereon to take the opinion of the Attorney General?

Another question then arises. Ought Mr. Dumas to be discontinued?

I am of opinion he ought not.

1. Not at this time; because Mr. Short’s mission to Madrid will occasion an immediate vacancy at the Hague again; and because by the time that will be over, his appointment at the Hague must be discontinued altogether, unless Congress should enlarge the foreign fund.

2. Not at any time; because when, after the peace, Mr. Dumas’s agency became of less importance, Congress under various views of his sacrifices services, manifested that their continuance of him was in consideration of these, and of his advanced years infirm state, which render it impossible for him to launch into a new line of gaining a livelihood; and they thought the continuance of moderate competence to him for moderate services, was more honorable to the U. S. than to abandon him, in the face of Europe, after under such circumstances.

Thomas Jefferson
Jefferson, Thomas
February 7th, 1792
Philadelphia
George Washington
Washington, George

TO THE PRESIDENT OF THE UNITED STATES

j. mss.
Sir,

—An account presented to me by Mr. John B. Cutting, for expenditures incurred by him in liberating the seamen of the United States in British ports during the impressments which took place under that government in the year 1790, obliges me to recall some former transactions to your mind.

You will be pleased to recollect the numerous instances of complaint or information to us, about that time, of the violences committed on our seafaring citizens in British ports by their press-gangs and officers; and that not having even a Consul there at that time, it was thought fortunate that a private citizen, who happened to be on the spot, stept forward for their protection; that it was obvious that these exertions on his part must be attended with expence, and that a particular demand of £50 sterling for this purpose coming incidentally to my knowledge, it was immediately remitted to Mr. Cutting, with a request to account for it in convenient time. He now presents an account of all his expenditures in this business, which I have the honor to communicate herewith. According to this the oppression extends to a much greater number of our citizens, their relief is more costly than had been contemplated. It will be necessary to lay the account before the legislature; because the expenditures being of a description which had not occurred before, no appropriation heretofore made would authorize payment at the treasury; because too the nature of the transactions may in some instances require justly, that the ordinary rules of evidence which the auditor is bound to apply to ordinary cases, should suffer relaxations, which he probably will not think himself authorized to admit, without the orders of the legislature.

The practice in Great Britain of impressing seamen whenever War is apprehended, will fall more heavily on ours, than on those of any other foreign nation, on account of the sameness of language. Our minister at that court therefore will on these occasions, be under the necessity of interfering for their protection, in a way which will call for expence. It is desireable that these expences should be reduced to certain rules, as far as the nature of the case will admit, and the sooner they are so reduced the better. This may be done however on surer grounds after the government of Great Britain shall have entered with us into those arrangements on this particular subject, which the seriousness of the case calls for on our part, and it’s difficulty may admit on theirs. This done, it will be desirable that legislative rules be framed which may equally guide and justify the proceedings of our Minister, or other agent, at that court, and at the same time extend to our seafaring citizens, the protection of which they have so much need.

Mr. Cutting, being on the spot, will himself furnish the explanations and documents of his case, either to the legislature, or a committee of it, or to the Auditor, as he shall be required.

Thomas Jefferson
Jefferson, Thomas
Mar. 2, 1792
George Washington
Washington, George

TO THE PRESIDENT OF THE UNITED STATES

d. s. mss.

Th: Jefferson presents his respectful compliments to the President and returns him the letter of Gen l . S t . Clair. He finds nothing in it about which he has any doubt except the following passage. “Nor do I see from any information in my possession that your exertions were wanting for any preparatory measures previous to the action, nor in the time of the action.

Th: J. never had a statement of the matter himself from Gen l . S t . Clair in conversation, but he has heard from those who have, that it appears from his own account that he was so confident he should not meet an enemy, that he did not take sufficient precautions to be advised of one previous to the action, his manner of conducting the action itself has been generally censured; if these criticisms be founded, the only question is whether the above expressions will be so understood as to be exposed to them.

Th: J. does not pretend to judge of the facts, and perhaps the expressions may bear another meaning. 1

Thomas Jefferson
Jefferson, Thomas
Mar 7 179
George Washington
Washington, George

REPORT ON MATTERS OF NEGOTIATION WITH SPAIN 1

d. s. mss.

The Secretary of State having understood from communications with the Commissioners of his Catholic Majesty, subsequent to that which he reported to the President on the 22d of December last, that though they considered the navigation of the Mississippi as the principal object of negociation between the two countries, yet it was expected by their Court that the conferences would extend to all the matters which were under negociation on the former occasion with Mr. Gardoqui, and particularly to some arrangements of commerce—is of opinion that to renew the conferences on this subject also, since they desire it, will be but friendly and respectful, can lead to nothing without our own consent, and that to refuse it, might obstruct the settlement of the questions of navigation and boundary: and therefore Reports:

To the President of the United States, the following:

Observations and Instructions to the Commissioners of the United States, appointed to negociate with the Court of Spain a treaty or convention relative to the navigation of the Missisippi; which observations and instructions he is of opinion should be laid before the Senate of the United States, and their decision be desired, whether they will advise and consent that a treaty be entered into by the Commissioners of the United States with Spain conformable thereto.

After stating to our Commissioners the foundation of our rights to navigate the Missisippi, to hold our Southern boundary at the 31st degree of latitude, and that each of these is to be a sine qua non, it is proposed to add as follows:

On the former conferences on the navigation of the Missisippi, Spain choose to blend with it the subject of commerce; and accordingly specific propositions thereon passed between the negociators. Her object then was to obtain our renunciation of the navigation, and to hold out commercial arrangements, perhaps as a lure to us. Perhaps however she might then, may now really set a value on commercial arrangements with us, and may receive them as a consideration for accommodating us in the navigation, or may wish for them to have the appearance of receiving a consideration. Commercial arrangements, if acceptable in themselves, will not be the less so if coupled with those relating to navigation boundary. We have only to take care that they be acceptable in themselves.

There are two principles which may be proposed as the basis of a commercial treaty, 1st that of exchanging the privileges of native citizens, or 2d those of the most favoured nation.

1st. With the nations holding important possessions in America, we are ready to exchange the rights of native citizens, provided they be extended through the whole possessions of both parties; but the propositions of Spain made on the former occasion (a copy of which accompanies this) were, that we should give their merchants, vessels and productions the privileges of native merchants, vessels productions, thro’ the whole of our possessions, and they give the same to our’s only in Spain the Canaries. This is inadmissible, because unequal; and as we believe that Spain is not ripe for an equal exchange on this basis, we avoid proposing it.

2d. Though treaties which merely exchange the rights of the most favoured nations are not without all inconvenience, yet they have their conveniences also. It is an important one that they leave each party free to make what internal regulations they please, and to give what preferences they find expedient to native merchants, vessels productions. And as we already have treaties on this basis with France, Holland, Sweden Prussia, the two former of which are perpetual, it will be but small additional embarrassment to extend it to Spain.—On the contrary we are sensible it is right to place that nation on the most favoured footing, whether we have a treaty with them or not, it can do us no harm to secure by treaty a reciprocation of the right.

Of the four treaties before mentioned, either the French or the Prussian might be taken as a model; but it would be useless to propose the Prussian, because we have already supposed that Spain would never consent to those articles which give to each party access to all the dominions of the other; and without this equivalent, we would not agree to tie our own hands so materially in war as would be done by the 23d article, which renounces the right of fitting out privateers, or of capturing merchant vessels. The French treaty therefore is proposed as the model. In this however, the following changes are to be made.

We should be admitted to all the dominions of Spain to which any other foreign nation is, or may be admitted.—

Art. 5 being an exemption from a particular duty in France, will of course be omitted as inapplicable to Spain.—

Art. 8: to be omitted as unnecessary with Morocco, and inefficacious little honorable with any of the Barbary powers; but it may furnish occasion to sound Spain on the project of a convention of the powers at war with the Barbary states, to keep up by rotation, a constant cruise of a given force on their coasts, ’till they shall be compelled to renounce forever, and against all nations, their predatory practices. Perhaps the infidelities of the Algerines to their treaty of peace with Spain, tho’ the latter does not chuse to break openly, may induce her to subsidize us to cruise against them with a given force.—

Art: 9 10. Concerning fisheries to be omitted as inapplicable.

Art: 11. The first paragraph of this article respecting the Droit d’Aubaine to be omitted, that law being supposed peculiar to France.

Art: 17. Giving asylum in the ports of either to the armed vessels of the other with the prizes taken from the enemies of that other, must be qualified as it is in the 19th article of the Prussian treaty, as the stipulation in the latter part of the article “that no shelter or refuge shall be given in the ports of the one to such as shall have made prize on the subjects of the other of the parties,” would forbid us in case of a war between France Spain, to give shelter in our ports to prizes made by the latter on the former, while the first part of the article would oblige us to shelter those made by the former on the latter: a very dangerous covenant, and which ought never to be repeated in any other instance.

Art: 29. Consent should be received at all the ports at which the vessels of either party may be received.

Art: 30. Concerning free ports in Europe America. Free ports in the Spanish possessions in America, particularly at the Havanna, are more to be desired than expected. It can therefore only be recommended to the best endeavours of the Commissioners to obtain them. It will be something to obtain for our vessels, flour, c. admission to those ports during their pleasure. In like manner if they could be prevailed on to re-establish our right of cutting log wood in the bay of Campeachy, on the footing on which it stood before the treaty of 1763, it would be desireable, and not endanger to us any contest with the English, who by the revolution treaty are restrained to the South Eastern parts of Yucatan.

Art: 31. The act of ratification on our part may require a twelve-month from the date of the treaty, as the Senate meets regularly but once a year, and to return it to Madrid for exchange may require four months more.