Papers of Thomas Jefferson. Volume 23 The Papers of Thomas Jefferson, Volume 23: 1 January-31 May 1792 9780691185286

Table of contents :
GUIDE TO EDITORIAL APPARATUS
CONTENTS
ILLUSTRATIONS
Volume 23.1 January to 31 May 1792
JANUARY 1792
FEBRUARY 1792
MARCH 1792
APRIL 1792
MAY 1792
INDEX

Citation preview

T H E P A P E R S OF

THOMAS JEFFERSON

T H E PAPERS OF

Thomas Jefferson Volume 23 1 January to 31 May 1792 C H A R L E S T. C U L L E N , E D I T O R EUGENE GEORGE

R. S H E R I D A N ,

H. H O E M A N N

ASSOCIATE

AND RUTH

ASSISTANT J.

JEFFERSON

LOONEY,

EDITOR

W.

LESTER,

EDITORS RESEARCH

ASSOCIATE

PRINCETON, NEW JERSEY PRINCETON UNIVERSITY 1990

PRESS

Copyright © 1990 by Princeton University Press Published by Princeton University Press, 41 William Street, Princeton, New Jersey IN T H EU N I T E D

KINGDOM:

Princeton University Press, Oxford All Rights Reserved L . C . Card 50-7486 I S B N 0-691-04739-1 This book has been composed in Linotron Monticello Clothbound editions of Princeton University Press books are printed on acid-free paper, and binding materials are chosen for strength and durability 9

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Printed in the United States of America by Princeton University Press, Princeton, New Jersey ISBN 13: 978-0-691-04739-3

D E D I C A T E D TO T H E MEMORY OF

A D O L P H S. O C H S PUBLISHER OF T H E NEW YORK TIMES 1896-1935 WHO BY T H E E X A M P L E OF A R E S P O N S I B L E PRESS E N L A R G E D AND F O R T I F I E D THE JEFFERSONIAN OF A F R E E

CONCEPT

PRESS

ADVISORY

COMMITTEE

FRANCIS L. BERKELEY, JR. WILLIAM G. BOWEN HENRY STEELE

COMMAGER

R O B E R T F. G O H E E N DATUS C. SMITH, JR. IPHIGENE OCHS S U L Z B E R G E R LUCIUS WILMERDING, JR.

ACKNOWLEDGMENTS As INDICATED in the first volume, this edition was made possible by a grant of $200,000 from the New York Times Company to Princeton University. Since this initial subvention, its continuance has been assured by addi­ tional contributions from the New York Times Company; by grants of the Ford Foundation, the Andrew W. Mellon Foundation, and the J . Howard Pew Freedom Trust; and by other benefactions from the Charlotte Palmer Phillips Foundation, Time Inc., the Dyson Foundation, and such loyal sup­ porters of the enterprise as James Russell Wiggins, David K. E . Bruce, and B. Batmanghelidj. In common with other editions of historical docu­ ments, The Papers of Thomas Jefferson is a beneficiary of the good offices of the National Historical Publications and Records Commission, tendered in many useful forms through its officers and dedicated staff. For these and other indispensable aids generously given by librarians, archivists, scholars, and collectors of manuscripts, the Editors record their sincere gratitude.

GUIDE TO EDITORIAL APPARATUS 1. TEXTUAL

DEVICES

The following devices are employed throughout the work to clarify the presentation of the text. [...], [ [. . J , 1

[ ] [roman]

[italic] (italic)

] [....]

1

One or two words missing and not conjecturable. More than two words missing and not conjecturable; subjoined footnote estimates number of words missing. Number or part of a number missing or illegible, Conjectural reading for missing or illegible matter. A question mark follows when the reading is doubtful. Editorial comment inserted in the text. Matter deleted in the M S but restored in our text. 2. DESCRIPTIVE

SYMBOLS

The following symbols are employed throughout the work to describe the various kinds of manuscript originals. When a series of versions is recorded, the first to be recorded is the version used for the printed text. Dft Dupl MS N PoC PrC RC SC Tripl

draft (usually a composition or rough draft; later drafts, when identifiable as such, are designated "2 Dft," &c.) duplicate manuscript (arbitrarily applied to most documents other than letters) note, notes (memoranda, fragments, &c.) polygraph copy press copy recipient's copy stylograph copy triplicate

All manuscripts of the above types are assumed to be in the hand of the author of the document to which the descriptive symbol pertains. If not, that fact is stated. On the other hand, the following types of manuscripts are assumed not to be in the hand of the author, and exceptions will be noted: [vii]

GUIDE FC Tr

file

TO EDITORIAL

APPARATUS

copy (applied to all forms of retained copies, such as letter-book copies, clerk's copies, &c.) transcript (applied to both contemporary and later copies; period of transcription, unless clear by implication, will be given when known) 3. LOCATION

SYMBOLS

The locations of most documents printed in this edition from orig­ inals in private hands, from originals held by institutions outside the United States, and from printed sources are recorded in selfexplanatory form in the descriptive note following each document. T h e location symbols B L and P R O are used for documents in the British Library and the Public Record Office in London, respectively. T h e locations of documents printed from originals held by public institu­ tions in the United States are recorded by means of the symbols used in the National Union Catalog in the Library of Congress; (explana­ tion of how these symbols are formed is given above, Vol. 1: xl). The symbols D L C and M H i by themselves will stand for the collections of Jefferson Papers proper in these repositories; when texts are drawn from other collections held by these two institutions, the names of the particular collections will be added. The list of symbols appearing in each volume is limited to the institutions represented by documents printed or referred to in that and previous volumes. BL CLSU CLU CSM CSmH Ct CtHi CtY DeHi DLC DNA

British Library, London University of Southern California Library, Los Angeles William Andrews Clark Memorial Library, Uni­ versity of California at Los Angeles Colonial Society of Massachusetts, Boston Henry E . Huntington Library, San Marino, Cali­ fornia Connecticut State Library, Hartford Connecticut Historical Society, Hartford Yale University Library Historical Society of Delaware, Wilmington Library of Congress The National Archives, with identifications of series (preceded by record group number) as follows: AL American Letters CD Consular Dispatches DCI Diplomatic and Consular Instructions [ viii ]

GUIDE

TO EDITORIAL DC L B

DNDAR G-Ar ICHi IHi IMunS InHi MB MBA MBAt MdAA MdAN MdHi MeHi MH MHi MHi:AM MiU-C MoSHi

APPARATUS

Letter Book of Commissioners of the Federal District DD Diplomatic Dispatches DL Domestic Letters FL Foreign Letters LAR Letters of Application and Recom­ mendation LGS Letters from Governors of States MLR Miscellaneous Letters Received MTA Miscellaneous Treasury Accounts NL Notes from Legations NWT Northwest Territory Papers PC Proceedings of Board of Commission­ ers for the District of Columbia PCC Papers of the Continental Congress PDL Printing and Distribution of the Laws SDC State Department Correspondence SDR A Record of the Reports of Thomas Jefferson, Secretary of State for the United States of America SWT Southwest Territory Papers Daughters of the American Revolution, Washing­ ton, D . C . Georgia Department of Archives and History, Atlanta Chicago Historical Society, Chicago Illinois State Historical Library, Springfield St. Mary of the Lake Seminary, Mundelein, Illinois Indiana Historical Society, Indianapolis Boston Public Library Archives, State House, Boston Boston Athenaeum Maryland Hall of Records, Annapolis U . S . Naval Academy Library, Annapolis Maryland Historical Society, Baltimore Maine Historical Society, Portland Harvard University Library Massachusetts Historical Society, Boston Adams Manuscripts, Massachusetts Historical Society William L . Clements Library, University of Michigan Missouri Historical Society, St. Louis [ix]

GUIDE MWA NA NBu NcD NcU NhD NhHi NHi NjHi NjMoW NjP NK-Iselin

NN NNC NNP NNS O OCHP OHi PBL PHC PHi PHMC PP PPAP PPL PRO PU PWW RPA RPAB RPB Vi Vi:USCC ViHi

TO

EDITORIAL

APPARATUS

American Antiquarian Society, Worcester, Mas­ sachusetts New York State Library, Albany Buffalo Public Library, Buffalo, New York Duke University Library University of North Carolina Library, Chapel Hill Dartmouth College Library New Hampshire Historical Society, Concord New-York Historical Society, New York City New Jersey Historical Society, Newark Morristown National Historical Park, Morristown, New Jersey Princeton University Library Letters to and from John Jay bearing this symbol are used by permission of the Estate of Eleanor Jay Iselin. New York Public Library, New York City Columbia University Libraries Pierpont Morgan Library, New York City New York Society Library, New York City Ohio State Library, Columbus Cincinnati Historical Society Ohio Historical Society, Columbus Lehigh University Library Haverford College Library Historical Society of Pennsylvania, Philadelphia Pennsylvania Historical and Museum Commis­ sion, Harrisburg Free Library, Philadelphia American Philosophical Society, Philadelphia Library Company of Philadelphia Public Record Office, London University of Pennsylvania Library Washington and Jefferson College, Washington, Pennsylvania Rhode Island Department of State, Providence Annmary Brown Memorial Library, Providence Brown University Library Virginia State Library, Richmond Ended Cases, United States Circuit Court, Vir­ ginia State Library Virginia Historical Society, Richmond [X]

GUIDE ViRVal ViU ViU:McG ViU:TJMF

ViW ViWC VtMC VtMS WHi 4. OTHER

TO EDITORIAL

APPARATUS

Valentine Museum Library, Richmond University of Virginia Library McGregor Library, University of Virginia Manuscripts deposited by the Thomas Jefferson Memorial Foundation in the University of Vir­ ginia Library College of William and Mary Library Colonial Williamsburg, Inc. Middlebury College Library, Middlebury, Vermont Secretary of State, Montpelier, Vermont State Historical Society of Wisconsin, Madison SYMBOLS

AND

ABBREVIATIONS

The following symbols and abbreviations are commonly employed in the annotation throughout the work. Second Series The topical series to be published as part of this edition, comprising those materials which are best suited to a topical rather than a chronological arrangement (see Vol. 1: xvxvi) TJ Thomas Jefferson T J Editorial Files Photoduplicates and other editorial materials in the office of The Papers of Thomas Jefferson, Princeton University Library T J Papers Jefferson Papers (applied to a collection of manuscripts when the precise location of a given document must be furnished, and always preceded by the symbol for the institutional repository; thus " D L C : T J Papers, 4:628-9" represents a document in the Library of Congress, Jefferson Papers, volume 4, pages 628 and 629) RG Record Group (used in designating the location of documents in the National Archives) SJL Jefferson's "Summary Journal of Letters" written and received (in D L C : T J Papers) SJPL "Summary Journal of Public Letters," an incomplete list of letters written by T J from 16 Apr. 1784 to 31 Dec. 1793, with brief summaries, in an amanuensis' hand, supplemented by six pages in T J ' s hand listing and summarizing official reports and communications by him as Secretary of State, 11 Oct. 1789 to 31 Dec. 1793 (in D L C : T J Papers, Epistolary Record, 209-211, 514-559) [xi]

GUIDE V / £ s d rt

^

TO EDITORIAL

APPARATUS

Ecu Florin Pound sterling or livre, depending upon context (in doubtful cases, a clarifying note will be given) Shilling or sou (also expressed as /) Penny or denier Livre Tournois Per (occasionally used for pro, pre)

5. SHORT

TITLES

The following list includes only those short titles of works cited with great frequency, and therefore in very abbreviated form, throughout this edition. Their expanded forms are given here only in the degree of fullness needed for unmistakable identification. Since it is impossible to anticipate all the works to be cited in such very abbreviated form, the list is appropriately revised from volume to volume. Adams, Works Charles Francis Adams, ed., The Works of John Adams, Boston, 1850-56, 10 vols. Adams, Diary Diary and Autobiography of John Adams, ed. L . H . Butterfield and others, Cambridge, 1961, 4 vols. AHA American Historical Association AHR American Historical Review, 1895Ammon, Monroe Harry Ammon, James Monroe, New York, 1971 Annals Annals of the Congress of the United States: The Debates and Proceedings in the Congress of the United States . . . Compiled from Authentic Materials by Joseph Gales, Senior, Washington, Gales & Seaton, 1834-56, 42 vols. All editions are undependable and pagination varies from one printing to another. The edition cited here has this caption on both recto and verso pages: "History of Congress." Another printing, with the same title-page, has "Gales & Seatons History" on verso and "of Debates in Congress" on recto pages. Those using the latter printing will need to employ the date or, where it is lacking, to add approximately 52 to the page numbers of Annals as cited in this volume. ASP American State Papers: Documents, Legislative and Executive, of the Congress of the United States, Washington, Gales & Seaton, 1832-61, 38 vols. Atlas of Amer. Hist. James Truslow Adams and R. V . Coleman, eds., Atlas of American History, New York, Scribner, 1943 Bear, Family Letters Edwin M . Betts and James A. Bear, Jr., eds., [xii]

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EDITORIAL

APPARATUS

Family Letters of Thomas Jefferson, Columbia, Missouri, 1966 Bear and Stanton, Memorandum Books James A. Bear, J r . , and Lucia C . Stanton, eds., Jefferson's Memorandum Books: Accounts, with Legal Records and Miscellany, 1767-1826, Princeton, forthcoming Bemis, Jay's Treaty Samuel Flagg Bemis, Jay's Treaty: A Study in Commerce and Diplomacy, New Haven, 1962, rev. edn. Bemis, Pinckney's Treaty Samuel Flagg Bemis, Pinckney's Treaty: America!s Advantage from Europe's Distress, 1783-1800, rev. edn., New Haven, 1960 Betts, Farm Book Edwin M . Betts, ed., Thomas Jefferson's Farm Book, Princeton, 1953 Betts, Garden Book Edwin M . Betts, ed., Thomas Jefferson's Garden Book, 1766-1824, Philadelphia, 1944 Beveridge, Marshall Albert J . Beveridge, The Life of John Marshall, Boston, 1916 Biog. Dir. Cong. Biographical Directory of the American Congress, 1774-1949, Washington, 1950 B.M. Cat. British Museum, General Catalogue of Printed Books, London, 1931-; also The British Museum Catalogue of Printed Books, 1881-1900, Ann Arbor, 1946. B.N. Cat. Bibliothèque Nationale, Catalogue général des livres imprimés. . .. Auteurs, Paris, 1897-1955 Brant, Madison Irving Brant, James Madison, Indianapolis, 194161, 6 vols. Bryan, National Capital W. B. Bryan, History of the National Capital, New York, 1914-1916, 2 vols. Burnett, Letters of Members Edmund C . Burnett, ed., Letters of Members of the Continental Congress, Washington, 1921-1936, 8 vols. Butterfield, Rush Letters of Benjamin Rush, ed. L . H . Butterfield, Princeton, 1951, 2 vols. Cal. Franklin Papers I. Minis Hays, ed., Calendar of the Papers of Benjamin Franklin in the Library of the American Philosophical Society Philadelphia, 1908, 6 vols. Carter, Terr. Papers The Territorial Papers of the United States, ed. Clarence E . Carter, Washington, 1934-62, 26 vols. Cutler, Cutler William Parker Cutler, Life, Journals, and Correspondence of Rev. Manasseh Cutler, Cincinnati, 1888, 2 vols, cvsp William P. Palmer and others, eds., Calendar of Virginia State Papers . . . Preserved in the Capitol at Richmond, Richmond, 1875-1893 [ xiii ]

GUIDE

TO

EDITORIAL

DAB

APPARATUS

Allen Johnson and Dumas Malone, eds., Dictionary of Amer­ ican Biography, N.Y., 1928-1936 DAE Sir William A. Craigie and James Hulbert, eds., A Dictionary of American English, Chicago, 1938-1944 DAH James Truslow Adams, ed., Dictionary of American History, N.Y., 1940, 5 vols., and index DeConde, Entangling Alliance Alexander DeConde, Entangling Alliance; Politics 6f Diplomacy under George Washington, Durham N.C., 1958 DNB Leslie Stephen and Sidney Lee, eds., Dictionary of National Biography, 2d ed., N . Y . , 1908-1909 Dumbauld, Tourist Edward Dumbauld, Thomas Jefferson Ameri­ can Tourist, Norman, Oklahoma, 1946 Elliot's Debates Jonathan Elliot, ed., The Debates of the Several State Conventions on the Adoption of the Federal Constitution . . . together with the Journal of the Federal Convention, 2d ed., Philadelphia, 1901, 5 vols. Evans Charles Evans, comp., American Bibliography, Chicago, 1903-1955 Fitzpatrick, Writings John C . Fitzpatrick, ed., The Writings of George Washington, Washington, 1931-44, 39 vols. Ford Paul Leicester Ford, ed., The Writings of Thomas Jefferson, Letterpress Edition, N . Y . , 1892-1899, 10 vols. Freeman, Washington Douglas Southall Freeman, George Wash­ ington, N . Y . , 1948-1957, 6 vols.; 7th volume by J . A. Carroll and M . W. Ash worth, New York, 1957 Fry-Jefferson Map Dumas Malone, ed., The Fry fcf Jefferson Map of Virginia and Maryland: a Facsimile of the First Edition, Prince­ ton, 1950 Gottschalk, Lafayette, 1783-89 Louis Gottschalk, Lafayette between the American and the French Revolution (1783-1789), Chicago, 1950 Greely, Public Documents Adolphus Washington Greely, ed., Pub­ lic Documents of the First Fourteen Congresses, 1789-1817: Papers Relating to Early Congressional Documents, Washington, 1900 HAW Henry A. Washington, ed., The Writings of Thomas Jefferson, N.Y., 1853-1854, 9 vols. Hening William Waller Hening, ed., The Statutes at Large; Being a Collection of All the Laws of Virginia, Richmond, 1809-1823, 13 vols. Henry, Henry William Wirt Henry, Patrick Henry, Life, Corre­ spondence and Speeches, N . Y . , 1891, 3 vols. [xiv]

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APPARATUS

Humphreys, Humphreys F . L . Humphreys, Life and Times of David Humphreys, New York, 1917, 2 vols. Hunt, Madison Gaillard Hunt, ed., The Writings of James Madison, New York, 1900-1910, 9 vols. jcc Worthington C . Ford and others, eds., Journals of the Conti­ nental Congress, 1774-1789, Washington, 1904-1937, 34 vols. Jefferson Correspondence, Bixby Worthington C . Ford, ed., Thomas Jefferson Correspondence Printed from the Originals in the Collections of William K. Bixby, Boston, 1916 Jenkins, Records William Sumner Jenkins, ed., Records of the States of the United States of America (Library of Congress and University of North Carolina, 1950) JEP Journal of the Executive Proceedings of the Senate of the United States .. . to the Termination of the Nineteenth Congress, Washing­ ton, 1828 JHD Journal of the House of Delegates of the Commonwealth of Virginia (cited by session and date of publication) JHR Journal of the House of Representatives of the United States, Washington, Gales & Seaton, 1826js Journal of the Senate of the United States, Washington, Gales, 1820-21, 5 vols. JSH Journal of Southern History, 1935Ketcham, Madison Ralph Ketcham, James Madison, New York, 1971 Kimball, Jefferson Marie Kimball, Jefferson, New York, 19431950, 3 vols. King, King C . R. King, ed., The Life and Correspondence of Ruf us King, Comprising His Letters, Private and Official, His Public Doc­ uments, and His Speeches, 1755-1827, New York, 1894-1900, 6 vols. L &B Andrew A. Lipscomb and Albert E . Bergh, eds., The Writ­ ings of Thomas Jefferson, Washington, 1903-1904, 20 vols. L . c . Cat. A Catalogue of Books Represented by the Library of Congress Printed Cards, Ann Arbor, 1942-1946; also Supplement, 1948Library Catalogue, 1783 Jefferson's M S list of books owned or wanted in 1783 (original in Massachusetts Historical Society) Library Catalogue, 1815 Catalogue of the Library of the United States, Washington, 1815 Library Catalogue, 1829 Catalogue: President Jefferson's Library, Washington, 1829 Loubat, Medallic history J . F . Loubat, The Medallic History of the [XV]

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APPARATUS

United States of America, 1776-1876, New York, 1878, 2 vols. Maclay, Journal Edgar S. Maclay, ed., Journal of William Maclay, United States Senator from Pennsylvania, 1789-1791, New York, 1890 Madison, Letters and Other Writings James Madison, Letters and Other Writings of James Madison, Philadelphia, 1865 Malone, Jefferson Dumas Malone, Jefferson and his Time, Boston, 1948-1981, 6 vols. Mason, Papers Robert A. Rutland, ed., Papers of George Mason, 1725-1792, Chapel Hill, 1970, 3 vols. Mathews, Andrew Ellicott Catharine Van Cortlandt Mathews, Andrew Ellicott, his life and letters, New York, 1908 Mayo, British Ministers Bernard Mayo, ed., "Instructions to the British Ministers to the United States 1791-1812," American Historical Association, Annual Report, 1936 Mays, Pendleton David John Mays, ed., Letters and Papers of Edmund Pendleton, 1734-1803, Charlottesville, 1967, 2 vols. Miller, Hamilton John C . Miller, Alexander Hamilton, Portrait in Paradox, New York, 1959 Mitchell, Hamilton Broadus Mitchell, Alexander Hamilton, New York, 1957, 1962, 2 vols. MVHR Mississippi Valley Historical Review, 1914Notes, ed. Peden William Peden, ed., Notes on the State of Virginia, Chapel Hill, 1955 NYHS, Quar. New-York Historical Society Quarterly, 1917N Y P L , Bulletin New York Public Library Bulletin, 1897OED Sir James Murray and others, eds., A New English Dictionary on Historical Principles, Oxford, 1888-1933 Padover, National Capital Saul K . Padover, ed., Thomas Jefferson and the National Capital, Washington, 1946 Peterson, Jefferson Merrill D. Peterson, Thomas Jefferson and the New Nation, New York, 1970 PMHB Pennsylvania Magazine of History and Biography, 1877Randall, Life Henry S. Randall, The Life of Thomas Jefferson, N.Y., 1858, 3 vols. Randolph, Domestic Life Sarah N. Randolph, The Domestic Life of Thomas Jefferson, Compiled from Family Letters and Reminiscences by His Great-Granddaughter, Cambridge, Mass., 1939 Rowland, George Mason Kate Mason Rowland, Life of George Mason, 1725-1792, New York, 1892, 2 vols. Sabin Joseph Sabin and others, comps., Bibliotheca Americana. A Dictionary of Books Relating to America, N.Y., 1868-1936 [xvi]

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APPARATUS

St. Clair, Papers William Henry Smith, ed., The St. Clair Papers. The Life and Public Services of Arthur St. Clair, Cinicinnati, 1882, 2 vols. Setser, Reciprocity Vernon G . Setser, The Commercial Reciprocity Policy of the United States, Philadelphia, 1937 Shipton-Mooney Index Clifford K . Shipton and James E . Mooney, comps., National Index of American Imprints through 1800, The Short-Title Evans, 1969, 2 vols. Sowerby E . Millicent Sowerby, comp., Catalogue of the Library of Thomas Jefferson, 1952-1959, 5 vols. Sparks, Morris Jared Sparks, Life of Gouverneur Morris, Boston, 1832, 3 vols. Swem, Index Earl G . Swem, comp., Virginia Historical Index, Roanoke, 1934-1936 Swem, "Va. Bibliog." Earl G . Swem, comp., A Bibliography of Virginia History," Virginia State Library, Bulletin, vm (1915), x (1917), and xii (1919) Syrett, Hamilton The Papers of Alexander Hamilton, ed. Harold C . Syrett and others, New York, 1961-1979, 27 vols. TJR Thomas Jefferson Randolph, ed., Memoir, Correspondence, and Miscellanies, from the Papers of Thomas Jefferson, Char­ lottesville, 1829, 4 vols. Tucker, Life George Tucker, The Life of Thomas Jefferson, Philadelphia, 1837, 2 vols. Turner, CFM F . J . Turner, "Correspondence of French Ministers, 1791-1797," AHA, Ann. Rept., 1903, n U.S. Statutes at Large Richard Peters, ed., The Public Statutes at Large of the United States . . . 1789 to March 3, 1845, Boston, 1855-1856, 8 vols. Van Doren, Franklin Carl Van Doren, Benjamin Franklin, New York, 1938 Van Doren, Secret History Carl Van Doren, Secret History of the American Revolution, New York, 1941 VMHB Virginia Magazine of History and Biography, 1893WMQ William and Mary Quarterly, 1892U

t xvii ]

CONTENTS G U I D E

T O E D I T O R I A L

I L L U S T R A T I O N S ,

A P P A R A T U S ,

vii

xxxiii «S

1792

9 >

From Edward Church, 1 January, 3 To John Dobson, 1 January, 4 From Christopher Gore, 1 January, 5 From Alexander Hamilton, 1 January, 5 From David Humphreys, 1 January, 6 To Thomas Mann Randolph, Jr., 1 January, 7 From Alexander Donald, 3 January, 8 From Benjamin Hawkins, enclosing Notes on Senate Debate, 3 January, From William Hay, 3 January, 15 To William Short, 3 January, 16 From Christopher Gore, 4 January, 16 From Benjamin Rush, 4 January, 17 George Washington to the Senate, [ca. 4 January], 18 Memorandum on Meeting with Senate Committee, 4 January, 19 To George Washington, 4 January, 24 From Alexander Donald, 5 January, 25 To William Short, 5 January, 26 To J . P. P. Derieux, 6 January, 27 From Van Staphorst & Hubbard, 6 January, 28 To Pierre Charles L'Enfant, 7 January, 28 To Philip Mazzei, 7 January, 29 To William Short, 7 January, 30 From J . P. P. Derieux, 8 January, 30 To Francis Eppes, 8 January, 31 To Daniel L . Hylton, 8 January, 32 To Thomas Mann Randolph, Jr., 8 January, 32 From Hasting Marks, 10 January, 33 Report on Appointment of Consul at Copenhagen, 10 January, 34 From James Monroe, [11] January, 35 From John Page, 11 January, 36 To James Madison, [12 January], 37 To John Page, 12 January, 38 From John Page, [12] January, 38 From John Page, [12] January, 39 [xix]

10

CONTENTS To Charles Pinckney, 12 January, 39 To John Witherspoon, [12 January], 40 From Alexander Hamilton, 13 January, 40 From George Washington, [13 January], 41 From Richard Peters, 14 January, 41 From Jerman Baker, 15 January, 42 To Alexander Hamilton, 15 January, 43 To Martha Jefferson Randolph, 15 January, 44 From George Washington, [15 January], 45 To George Washington, 15 January, 45 From Thomas Barclay, 16 January, 46 From George Washington, [16 January], 47 From William Knox, 17 January, 47 To Thomas Pinckney, 17 January, 49 From Benjamin Rush, 17 January, 50 George Washington to the Commissioners of the Federal District, 17 January, 50 From George Washington, 18 January, 51 From Nathaniel Cutting, 21 January, 51 From George Hammond, 22 January, 52 To Thomas Mann Randolph, Jr., 22 January, 52 Report on Case of Charles Russell, 22 January, 53 To Montmorin, 23 January, 55 To Gouverneur Morris, 23 January, 55 To William Short, 23 January, 58 To Willink, Van Staphorst & Hubbard, 23 January, 60 From Nathaniel Cutting, 24 January, 61 To Alexander Hamilton, 24 January, 62 From George Meade, 24 January, 63 From William Short, 24 January, 64 To José de Jaudenes and José Ignacio de Viar, 25 January, 66 From José de Jaudenes and José Ignacio de Viar, 25 January, 67 From William Short, 25 January, 68 To George Washington, 25 January, 73 To Alexander Hamilton, 26 January, 15 From Richard Harrison, 26 January, 15 To José de Jaudenes and José Ignacio de Viar, 26 January, 76 From Benjamin Rush, 26 January, 11 To Daniel Carroll, 27 January, 11 From José de Jaudenes and José Ignacio de Viar, 27 January, 78 From Edmund Randolph, 27 January, 81 To George Hammond, 28 January, 82 [XX]

CONTENTS From Richard Peters, 28 January, 82 To William Short, 28 January, 83 From George Washington, 28 January, 84 To George Washington, enclosing George Washington to Gouverneur Morris, 28 January, 85 To Joshua Johnson, 29 January, 87 To Van Staphorst & Hubbard, 29 January, 87 From Thomas Barclay, 30 January, 88 From George Hammond, 30 January, 89 From George Hammond, 30 January, 90 From Thomas Auldjo, 1 February, 91 From David Humphreys, 1 February, 92 From Tobias Lear, 1 February, 93 From Lucy Ludwell Paradise, 1 February, 93 From Thomas Mann Randolph, Jr., 1 February, 95 To George Washington, 1 February, 96 To George Washington, [1 February], 96 From Joel Barlow, 2 February, 96 To George Hammond, 2 February, 97 From Daniel L . Hylton, 2 February, 98 From Daniel Carroll, 3 February, 98 From William Vaughan, 4 February, 99 To George Washington, 4 February, 100 To Daniel L . Hylton, 5 February, 102 To Martha Jefferson Randolph, 5 February, 103 To Richard Harrison, 6 February, 103 From George Washington, [7? February], 104 To George Washington, 7 February, 104 From William Short, 8 February, 106 From George Washington, [9 February], 109 From David Humphreys, 11 February, 110 From Tobias Lear, 11 February, 111 From George Washington, 11 February, 111 From Daniel L . Hylton, 12 February, 112 From Madame d'En ville, 13 February, 112 From Joseph Fenwick, 13 February, 113 To Samuel A. Otis, 13 February, 114 From Thomas Paine, 13 February, 115 To Thomas Mann Randolph, Jr., 13 February, 115 From J . P. P. Derieux, 14 February, 116 From Alexander Donald, 15 February, 118 From William Knox, 15 February, 119 [xxi]

CONTENTS From George Washington, 15 February, 119 From George Mason, 16 February, 120 From Thomas Mann Randolph, Jr., 17 February, 121 From George Hammond, 18 February, 122 From George Thompson, 18 February, 124 From Daniel L . Hylton, 19 February, 125 From James Madison, 20 February, 125 From Martha Jefferson Randolph, 20 February, 125 To Thomas Mann Randolph, Jr., 20 February, 126 To Nathaniel Barret, 21 February, 127 From Nathaniel Cutting, 21 February, 127 From C. W. F. Dumas, 21 February, 128 Explanations of Ferdinand Grand's Accounts, 21 February, 128 Explanations of Willink, Van Staphorst & Hubbard's Accounts, 21 February, 138 To Richard Harrison, 21 February, 140 To Pierre Charles L'Enfant, 22 February, 141 From Edmund Randolph, 22 February, 142 To The Speaker of the House of Representatives, 22 February, 143 From George Washington, [22 February], 143 From Thomas Barclay, 23 February, 144 From Anthony Giannini, 23 February, 145 From Thomas Barclay, 24 February, 145 From William Barton, 24 February, 146 From Delamotte, 24 February, 146 From George Washington, [24 February], 147 From David Campbell, 25 February, 148 To George Hammond, 25 February, 148 From Thomas Pinckney, 25 February, 149 To James Currie, 26 February, 149 From Pierre Charles L'Enfant, 26 February, 150 To Martha Jefferson Randolph, 26 February, 159 To Fulwar Skipwith, 26 February, 159 From George Washington, 26 February, 160 From George Washington, 26 February, 160 To Pierre Charles L'Enfant, 27 February, 161 From Oliver Pollock, 27 February, 162 From George Washington, [ca. 28 February], 163 From Thomas Johnson, 29 February, 164 Report on Proceedings of Executive in Northwest Territory, 29 February, 167 From William Short, 29 February, 167 [ xxii ]

CONTENTS From William Short, 29 February, 170 To Jean Baptiste Ternant, 29 February, 171 Notes on the Constitutionality of Bounties to Encourage Manufacturing, [February], 172 From Thomas Barclay, 1 March, 174 From Walter Boyd, 1 March, 174 To Daniel Carroll, 1 March, 111 From Nathaniel Cutting, 1 March, 111 Hamilton's Notes on Report of Instructions for the Commissioners to Spain, with Jefferson's Comments, [1-5 March], 179 Memoranda of Conversations with the President, 1 March, 184 To George Walker, 1 March, 188 Statement on Major William Galvan, 2 March, 188 From George Washington, 2 March, 189 To George Washington, 2 March, 189 To José de Jaudenes and José Ignacio de Viar, 3 March, 191 From Jean Baptiste Ternant, 3 March, 191 To José de Jaudenes and José Ignacio de Viar, 4 March, 191 Plan for Expediting Postal Service, [4 March], 192 To Thomas Mann Randolph, Jr., 4 March, 193 To the Speaker of the House of Representatives, 4 March, 193 From George Washington, 4 March, 194 Agenda for Commissioners of the Federal District, [ca. 5 March], 194 From George Hammond, 5 March, 196 From Tobias Lear, 5 March, 220 From James Madison, 5 March, 223 From George Washington, [5? March], 223 From Daniel Carroll, 6 March, 223 To the Commissioners of the Federal District, enclosing Contract with Samuel Blodget, Jr., An Advertisement for the Capitol, and An Advertisement for the President's House, 6 March, 224 From Alexander Hamilton, 6 March, 228 From David Humphreys, 6 March, 228 To Robert R. Livingston, 6 March, 229 Memorandum on Deed of Lormerie, 7 March, 230 To Jean Baptiste Ternant, 7 March, 231 From José de Jaudenes and José Ignacio de Viar, 7 March, 232 To George Washington, 7 March, 233 To George Washington, 7 March, 234 From George Washington, [7 March], 234 To Thomas FitzSimons, 8 March, 235 To Elizabeth Hylton, 8 March, 236 [ xxiii }

CONTENTS To Thomas Johnson, enclosing Calculation of Payment Schedule for Federal District Loan, 8 March, 236 From David Meade Randolph, 8 March, 239 From George Washington, [8 March], 239 Memorandum of Consultation on Indian Policy, 9 March, 239 From George Walker, 9 March, 244 To Alexander Hamilton, 10 March, 245 From Daniel L . Hylton, 10 March, 245 Memorandum on References by Congress to Heads of Departments, [10 March], 246 To Gouverneur Morris, 10 March, 248 From George Washington, [10 March], 250 From Stephen Cathalan, Jr., 11 March, 250 From Stephen Cathalan, Jr., 11 March, 251 To the Commissioners of the Federal District, 11 March, 252 To Francis Eppes, enclosing Account with John Banister, Jr., 11 March, 253 To James Lyle, 11 March, 255 Memorandum of Conference with the President on Treaty with Algiers, 11 March, 256 Memoranda of Consultations with the President, 11 March-9 April, 258 From William Short, 11 March, 265 To Jerman Baker, 12 March, 268 To J . P. P. Derieux, 12 March, 268 To Hasting Marks, 12 March, 269 M e m o r a n d u m of A d v i c e for the President, 12 March,

269

Notes on British Commercial Relations with United States, [12 March], 270 From George Washington, [12 March], 271 To John Witherspoon, 12 March, 271 To Edward Church, 13 March, 272 To Delamotte, 13 March, 273 To Joseph Fenwick, 13 March, 273 To William Hay, 13 March, 274 To Daniel L . Hylton, 13 March, 275 From Madame Plumard de Bellanger, 13 March, 275 To George Washington, 13 March, 277 From the Commissioners of the Federal District, 14 March, 278 From the Commissioners of the Federal District, 14 March, 278 To Henry Lee, 14 March, 281 George Washington to Louis XVI, 14 March, 281 From John Page, 14 March, 282 To George Walker, 14 March, 283 [ xxiv ]

CONTENTS From George Washington, 14 March, 283 From George Washington, [14 March], 284 From Daniel Carroll, 15 March, 284 From Thomas Barclay, 16 March, 285 From Charles Louis Clérisseau, 16 March, 286 To James Madison, 16 March, 286 To Thomas Mann Randolph, Jr., 16 March, 287 From Henry Remsen, 16 March, 288 To Jerman Baker, 17 March, 288 To John Joseph de Barth, 17 March, 289 From David Humphreys, 17 March, 290 To Daniel L . Hylton, 17 March, 290 From George Taylor, Jr., 17 March, 291 From Joel Barlow, 18 March, 292 To William Carmichael and William Short, 18 March, 292 From David Humphreys, 18 March, 293 From Thomas Mann Randolph, Jr., 18 March, 294 To Henry Remsen, 18 March, 295 Report on Negotiations with Spain, 18 March, 296 To William Short, 18 March, 317 To William Short, 18 March, 318 To George Washington, 18 March, 320 From Alexander Hamilton, 20 March, 320 To the Commissioners of the Federal District, 21 March, 320 From John Melcher, 21 March, 322 From George Walker, enclosing Robert Peters and Others to George Walker, 21 March, 322 To George Washington, [21 March], 323 From George Washington, [21 March], 324 To Thomas Bell, 22 March, 324 From Joseph Ceracchi, 22 March, 325 To Martha Jefferson Randolph, 22 March, 326 Report on Proposed Convention with Spain Concerning Fugitives, enclosing Proposed Convention with Spain and Considerations on a Convention with Spain, 22 March, 327 To the Speaker of the House of Representatives, 22 March, 332 From Andrew Ellicott, 23 March, 332 From Daniel L . Hylton, 23 March, 333 To José de Jaudenes and José Ignacio de Viar, 23 March, 334 From Henry Lee, 23 March, 335 From Jean Baptiste Ternant, 24 March, 336 From George Washington, [24 March], 336 [ XXV ]

CONTENTS To John Hancock, 25 March, 337 From David Humphreys, 25 March, 337 From William Short, 25 March, 337 From George Washington, 25 March, 341 From Benjamin Hawkins, 26 March, 342 To Daniel L . Hylton, 26 March, 343 Memorandum of Conversation between Philemon Dickinson and George Hammond, 26 March, 344 From Benjamin Rush, 26 March, 345 To George Walker, 26 March, 345 To David Campbell, 27 March, 346 From Thomas Mann Randolph, Jr., 27 March, 347 To Timothy Pickering, 28 March, 347 From Fulwar Skipwith, 28 March, 348 To George Washington, 28 March, 349 From the Commissioners of the Federal District, 30 March, 350 To George Hammond, 30 March, 352 From George Hammond, 30 March 354 From David Humphreys, 30 March, 355 To Thomas Mann Randolph, Jr., 30 March, 355 From George Washington, [30 March], 356 From Thomas Barclay, 31 March, 356 To George Hammond, 31 March, 357 To William Barton, 1 April, 358 To Jacob Blackwell, 1 April, 359 From William Lewis, 1 April, 3 5 9 To Charles Pinckney, 1 April, 360 From George Washington, [1 April], 361 To George Washington, enclosing Considerations on Policy toward Algiers, 1 April, 361 To Hugh Williamson, 1 April, 363 From John Churchman, 2 April, 363 From James Monroe, 2 April, 365 From George Pfeiffer, 2 April, 365 To Rodolph Valltravers, 2 April, 366 To George Washington, 2 April, 367 From Andrew Ellicott, 3 April, 367 From Tobias Lear, 3 April, 368 From George Washington, 3 April, 368 To David Allison, 4 April, 369 From Fisher Ames, 4 April, 369 To John Churchman, 4 April, 369 [ xxvi ]

CONTENTS Opinion on Apportionment Bill, 4 April, 370 From George Washington, [4 April], 378 To George Washington, 4 April, 378 To Benjamin Bankson, [5 April], 378 To the Commissioners of the Federal District, 5 April, 379 To Leonard Herbaugh, 5 April, 379 From George Hammond, 6 April, 379 From Joshua Johnson, 6 April, 381 From Gouverneur Morris, 6 April, 382 To Martha Jefferson Randolph, 6 April, 384 To Thomas Barclay, 9 April, 384 To William Carmichael, 9 April, 385 To the Commissioners of the Federal District, 9 April, 385 To David Humphreys, 9 April, 386 To Adam Lindsay, 9 April, 388 From James Maury, 9 April, 388 From Thomas Mann Randolph, Jr., 9 April, 389 From William Rawle, 9 April, 389 From Thomas Barclay, 10 April, 391 From Gouverneur Morris, 10 April, 392 From Elias Boudinot, [11 April], 393 From Elias Boudinot, 11 April, 394 From the Commissioners of the Federal District, 11 April, 396 From George Hammond, 11 April, 397 From Daniel L . Hylton, 11 April, 399 From Thomas Johnson, 11 April, 400 From James Monroe, 11 April, 400 To James Monroe, 11 April, 401 From Henry Remsen, 11 April, 401 To the Senators and Representatives of Virginia, 11 April, 403 To George Washington, 11 April, 404 From William Duval, 12 April, 404 From W. Barry Grove, 12 April, 405 To George Hammond, 12 April, 406 From George Hammond, 12 April, 406 From Benjamin Hawkins, 12 April, 407 To Nicholas Lewis, 12 April, 408 From Adam Lindsay, 12 April, 409 From Nathaniel Macon, 12 April, 410 To Thomas Mann Randolph, Jr., 12 April, 411 From John Steele, [12 April], 411 From Edward Church, 13 April, 412 [ xxvii}

CONTENTS From Nathaniel Cutting, 13 April, 413 To George Hammond, 13 April, 417 From George Hammond, [13 April], 418 From John Hylton, 13 April, 418 From Joshua Johnson, 13 April, 419 From Samuel Johnston, 13 April, 420 To George Washington, 13 April, 421 From the Commissioners of the Federal District, 14 April, 422 To Francis Eppes, enclosing Form of Receipt for Bonds, 14 April, 423 From Mark Leavenworth, 14 April, 424 To Henry Remsen, 14 April, 425 From Thomas Barclay, 15 April, 426 From Stephen Cathalan, Jr., 15 April, 427 From Tobias Lear, 15 April, 427 From Samuel Smith, 15 April, 428 From Daniel Carroll, 16 April, 428 From Thomas Mann Randolph, Jr., 16 April, 429 American Philosophical Society's Circular on the Hessian Fly, 17 April, 430 From Samuel Mackay, 17 April, 433 To Alexander Hamilton, 19 April, 433 From Alexander Hamilton, 19 April, 433 From Alexander Hamilton, 19 April, 434 To Thomas Mann Randolph, Jr., 19 April, 435 From Samuel Blodget, Jr., 20 April, 437 To the Commissioners of the Federal District, 20 April, 437 T o W i l l i a m Foushee, 22 April, 4 3 8 From William Irvine, [ca. 22] April, 439 From William Short, 22 April, 440 From William Blount, 23 April, 443 From the Senators and Representatives of Maryland, [23 April], 444 From Henry Remsen, 23 April, 447 To Samuel Smith, 23 April, 453 To William Carmichael and William Short, 24 April, 453 To William Carmichael, 24 April, 454 To Samuel and Sheppard Church, 24 April, 455 From D'Anmours, 24 April, 455 To Joseph Fenwick, 24 April, 456 From Catherine Greene, [ca. 24 April], 457 To Thomas Leiper, 24 April, 457 From John F. Mifflin, 24 April, 458 To William Short, 24 April, 458 To William Short, 24 April, 460 [ xxviii ]

CONTENTS Affidavit of Samuel Bayard, 25 April, 461 To David Beveridge, 25 April, 461 From C. W. F. Dumas, 25 April, 461 From the Senators and Representatives of Georgia, 25 April, 462 To Catherine Greene, 25 April, 462 From Catherine Greene, 25 April, 463 To Richard Henry Lee, 25 April, 463 From Gouverneur Morris, 25 April, 464 From Adam Lindsay, 26 April, 465 To Martha Jefferson Randolph, 27 April, 466 To Gouverneur Morris, 28 April, 467 From Charles Pinckney, 28 April, 469 From George Washington, 28 April, 470 To Delamotte, 29 April, 471 To Joseph Fenwick, 29 April, 471 From David Humphreys, 29 April, 472 To Gouverneur Morris, 29 April, 472 From Joseph Fenwick, 30 April, 473 From James Maury, 30 April, 474 From Stephen Cathalan, Jr., 1 May, 474 From George Gilmer, 1 May, 474 From James Monroe, 1 May, 475 To Henry Knox, 2 May, 476 From William Short, 2 May, 477 From Samuel Blodget, Jr., 3 May, 479 From Ernst Frederick Gayer, 3 May, 480 From David Humphreys, 3 May, 480 From Thomas Newton, Jr., 4 May, 481 From Thomas Mann Randolph, Jr., 4 May, 481 To Edward Church, 5 May, 482 To John Dobson, 5 May, 482 From William B. Giles, 6 May, 483 From Thomas Barclay, 7 May, 485 From Martha Jefferson Randolph, 7 May, 486 From James Maury, 8 May, 487 George Washington to William Smith, 8 May, 487 From George Hammond, 9 May, 488 From William Vans Murray, [9 May], 488 From Thomas Pinckney, 9 May, 489 From Thomas Barclay, 10 May, 490 From Daniel Carroll, 10 May, 490 To the Commissioners of the Federal District, 11 May, 491 [ xxix ]

CONTENTS From Madame d'Enville, 11 May, 491 To George Gilmer, 11 May, 492 To Martha Jefferson Randolph, 11 May, 493 From Hans Rodolph Saabye, 11 May, 493 To Samuel Sterett, 11 May, 495 To Elias Vanderhorst, 11 May, 495 From Andrew Ellicott, 13 May, 496 To James Madison, enclosing Notes on Bonds, 13 May, 496 From Samuel Sterett, 13 May, 498 From Daniel L . Hylton, [14 May], 498 From John Page, 15 May, 499 From John M. Pintard, 15 May, 499 From Hugh Rose, 15 May, 500 From William Short, 15 May, 503 From William Short, 15 May, 505 From Edward Church, 16 May, 510 To Sharp Delany, 16 May, 513 From Daniel L . Hylton, 16 May, 513 James Madison's Notes on Jefferson's Letter to George Hammond, [ca. 16 May], 514 To Thomas Pinckney, 16 May, 517 From Van Staphorst & Hubbard, 16 May, 517 To George Washington, 16 May, 518 From Thomas Barclay, 17 May, 519 From Edward Church, 17 May, 520 From Daniel L . Hylton, 17 May, 521 To Thomas Mann Randolph, Jr., 17 May, 521 From William Short, 17 May, 522 To José de Jaudenes and José Ignacio de Viar, 17 May, 523 To James Madison, [18 May], 524 From John Sinclair, 18 May, 524 To George Washington, 18 May, 524 From Joshua Johnson, 19 May, 525 From Francis Willis, 19 May, 526 From Joseph Fenwick, 20 May, 526 Alexander Hamilton's Notes on Jefferson's Letter to George Hammond, with Jefferson's Response, [20-27 May], 527 From David Humphreys, 21 May, 531 From George Washington, 21 May, 532 From Philip Mazzei, 23 May, 533 To George Washington, 23 May, 535 To George Washington, 23 May, 535 [ XXX ]

CONTENTS To Willink, Van Staphorst & Hubbard, 23 May, 541 From J . P. P. Derieux, 25 May, 542 From James Fanning, 25 May, 542 From Daniel L . Hylton, 25 May, 543 From Edward Rutledge, 26 May, 544 To Thomas Leiper, 27 May, 545 From James Maury, 27 May, 545 To Martha Jefferson Randolph, 27 May, 546 From Martha Jefferson Randolph, 27 May, 546 From Thomas Barclay, 28 May, 547 From Peter Carr, 28 May, 548 To Henry Knox, 28 May, 549 From William Knox, 28 May, 549 From Ezra Stiles, 28 May, 550 To George Hammond, 29 May, 551 From Thomas Leiper, 29 May, 613 From Edmund Randolph, 29 May, 614 To Mary Jefferson, [30 May], 614 From Thomas Leiper, 30 May, 614 To Thomas Leiper, 30 May, 615 To George Washington, 30 May, 615 From Willink, Van Staphorst & Hubbard, 30 May, 616 Circular to Consuls and Vice-Consuls, 31 May, 617 To James Mease, 31 May, 620 From F. P. Van Berckel, 31 May, 621 To James Woodhouse, 31 May, 621 INDEX,

623

[ xxxi ]

ILLUSTRATIONS Following

page 346

W I L L I A M C A R M I C H A E L (ca. 1738-1795)

Carmichael was a Maryland-born and Scottish-educated diplomat with long experience in Spanish affairs. During the American Revolution he undertook several diplomatic assignments for the new nation in France and Germany and served a term as a member of the Continental Congress. He began his diplomatic career in Spain in 1780 as secretary to the American minister, John Jay, and after Jay's departure two years later he remained in Spain as chargé d'affaires for the confederation and federal governments. Owing to this experience, Jefferson advised Washington to appoint Carmichael in January 1792 as one of two special commissioners to settle the leading diplomatic issues between the United States and Spain. But because of CarmichaePs failure to correspond with him regularly as Secretary of State, Jefferson took care to ensure that the other appointment went to William Short, a more efficient and expeditious diplomat than Carmichael. This precaution proved to be thoroughly justified, for in consequence of Carmichael's declining health Short was obliged to shoulder the main burden of negotiating with the Spanish government and keeping Jefferson informed of the mission's progress. Miniature by unidentified artist. (Courtesy of the Frick Art Library, New York City) ANTHONY W A Y N E (1745-1796)

General Arthur St. Clair's shattering defeat at the hands of the Western Indians in November 1791 made his replacement as commander of the United States Army imperative in the eyes of the Washington administration. The President consulted with the Cabinet about a successor to St. Clair on 9 Mch. 1792 and discussed the merits of Wayne, the noted Revolutionary War hero from Pennsylvania, and other former military officers without arriving at a final decision. At this meeting Jefferson recommended the appointment of T h o m a s S u m t e r , an experienced Indian fighter from South Carolina w h o was

currently a member of the House of Representatives and a staunch opponent of Hamiltonian policies. In the end, however, Washington chose his old comrade in arms Wayne as the new army commander because Wayne's military rank and experience surpassed those of the other candidates under consideration for this office. Under Wayne's leadership the army broke the back of Indian resistance to American expansion in the Northwest Territory with its decisive victory over the Western tribes at the battle of Fallen Timbers in 1794. Portrait by Edward Savage. (Courtesy of the New-York Historical Society) E L I A S BOUDINOT (1740-1821)

Boudinot was a distinguished conservative public servant from New Jersey who was commissary-general of prisoners for a time during the War for Inde­ pendence, president of the Continental Congress when it ratified the definitive treaty of peace with Great Britain, and director of the United States Mint [ xxxiii ]

ILLUSTRATIONS after David Rittenhouse's death in 1795. Throughout most of the Washington administration Boudinot was a staunchly Federalist member of the House of Representatives and a strong supporter of Hamiltonian policies. Despite their political differences, Jefferson unhesitatingly turned to Boudinot for assistance in composing that portion of his 29 May 1792 letter to George Hammond on infractions of the Treaty of Paris in which he rebutted the British minis­ ter's contention that New Jersey's treatment of a Loyalist named John Smith Hatfield was a violation of this agreement. Boudinot, who promptly supplied Jefferson with the information he needed to dispose of this charge, was but one of many congressmen and senators Jefferson consulted in the course of preparing this celebrated state paper. Portrait painted by Charles Willson Peale in 1784. {Courtesy of the Art Library, Princeton University) ANONYMOUS L E T T E R T O P R E S I D E N T WASHINGTON

This illustration comes from the opening page of thefirstin a series of three undated anonymous letters to Washington that he received on 3 Jan. 1792, 20 Jan. 1792, and the end of March 1792. Internal evidence suggests that they were written by a Northern Federalist who may have been a member of the House of Representatives. They are historically significant as the first concerted Federalist attack on Jefferson and as the first systematic statement of the standard Federalist critique of his personal character and public career. Lashing out at Jefferson as the unscrupulous leader of a faction of disgruntled Virginians, the letters criticized him for scheming to bring about Washington's retirement after only one term so that he himself could then become President, for cowardice in the face of the British as governor of Virginia, for atheism in religion and democratic extremism in politics, for excessive attachment to France and undue hostility to Great Britain, and for founding the National Gazette expressly to generate popular opposition to the policies of Alexander Hamilton. This vituperative assault on Jefferson reflected the growing polar­ ization of political life in the new American nation in the final year of Wash­ ington'sfirstadministration. (Courtesy of the Library of Congress) "MASSACHUSSETTENSIS"

ATTACKS J E F E R S O N

This shows the title page of "Massachusettensis," Strictures and Observa­ tions upon the Three Executive Departments of the Government of the United States, thefirstpamphlet attack on Jefferson's conduct as Secretary of State. Although this pamphlet has been variously attributed to Fisher Ames, a Federalist Congressman from Massachusetts, and Daniel Leonard, a Mas­ sachusetts Loyalist who used the same pseudonym in a famous controversy with John Adams during the American Revolution, newly discovered evidence in this volume suggests that the author may have been Sir John Temple, a native of Massachusetts who was British consul general in America in 1792. If this attribution is correct, then Strictures and Observations must be viewed as a bold effort by a British agent to alter the course of American foreign policy by arraigning Jefferson in the court of public opinion for allegedly betraying the national interest by favoring France over Great Britain. (Courtesy of the American Antiquarian Society) [xxxiv ]

ILLUSTRATIONS PLAN OF T H E C I T Y OF WASHINGTON IN T H E F E D E R A L D I S T R I C T

This plan of the Federal District was engraved by James Thackara and John Vallance of Philadelphia in October 1792. It is somewhat more detailed than a similar engraving produced by Samuel Hill of Boston in the summer of 1792. The Thackara-Vallance and Hill engravings were based, in turn, on a plan of the Federal District made by Pierre Charles L'Enfant in 1791 and altered early in 1792 by Jefferson and the surveyor Andrew Ellicott. The primary object of these engraved plans, of which five thousand copies were in circulation by the end of 1792, was to promote the sale of lots in the Federal District. (Courtesy of the American Antiquarian Society) R E P O R T ON N E G O T I A T I O N S WITH SPAIN

This specimen page comes from the draft of Jefferson's 18 Mch. 1792 report to Washington on the leading points at issue between Spain and United States. After the final text of the report received Washington's approval, Jef­ ferson transmitted it to William Carmichael and William Short to serve as their instructions as joint commissioners to Spain. The page reproduced here comes from the section of the report dealing with the navigation of the Mis­ sissippi river. The exquisite detail in which Jefferson traced the course of the Mississippi, as well as his erasures and marginal insertions, all testify to the painstaking care he took to establish the right of the United States to navi­ gate this vital river, a right he regarded as essential, not only to the nation's future prosperity, but also for the survival of the union itself. (Courtesy of the Library of Congress) J E F F E R S O N RESPONDS T O G E O R G E HAMMOND

This illustrates the first page of the draft of Jefferson's famous letter of 29 May 1792 to British minister George Hammond on the enforcement of the disputed articles of the Treaty of Paris. Before transmitting the final text to Hammond, Jefferson submitted the draft to his colleagues in the Cabinet and to James Madison in order to ensure that his letter represented the views of a united administration. There is no evidence that Attorney General Edmund Randolph or Secretary of War Henry Knox recommended any alterations, but Madison and Secretary of the Treasury Alexander Hamilton did suggest a number of revisions. Jefferson accepted many of these without, however, weakening his argument that Great Britain had been the first to violate the treaty by refusing to evacuate certain posts in American territory. The page illustrated here reflects changes Jefferson made in the draft in response to the suggestions of Madison and Hamilton as well as on his own initiative. (Courtesy of the Library of Congress)

[ xxxv ]

Volume 23 i January to 31 May 1792

JEFFERSON

1 743 1743. 1760. 1762. 1762-1767. 1769-1774. 1772. 1775- 1776. 1776. 1776- 1779. 1779. 1779-1781. 1782. 1783- 1784. 1784- 1789. 1790-1793. 1797-1801. 1801-1809. 1814-1826. 1826.

CHRONOLOGY

»1826

Born at Shadwell, 13 Apr. (New Style). Entered the College of William and Mary. "quitted college." Self-education and preparation for law. Albemarle delegate to House of Burgesses. Married Martha Wayles Skelton, 1 Jan. In Continental Congress. Drafted Declaration of Independence. In Virginia House of Delegates. Submitted Bill for Establishing Religious Freedom. Governor of Virginia. His wife died, 6 Sep. In Continental Congress. In France as commissioner to negotiate commercial treaties and as minister plenipotentiary at Versailles. U . S . Secretary of State. Vice President of the United States. President of the United States. Established the University of Virginia. Died at Monticello, 4 July.

VOLUME

23

1 January 1792 to 31 May 1792 4 27 28 6 18 22 1 4 17 28 23 29

Jan. Feb. Feb. Mch. Mch. Mch. Apr. Apr. Apr. Apr. May. May.

Advises Senate on diplomatic establishment. Notifies L'Enfant of his dismissal. Informs Washington of his intention to retire. Solicits plans for Capitol and President's House. Report on Spanish negotiations. Report on extradition convention with Spain. Advises Washington on Algerine mission. Opinion on Apportionment Bill. Circular letter on Hessian fly. Seeks new commercial treaty with France. Warns Washington about Hamiltonian policies. Letter to British minister on infractions of peace treaty.

T H E PAPERS OF T H O M A S JEFFERSON

From Edward Church Bordeaux, 1 Jan. 1792. He recurs to the proposal made in his last letter for repaying the American debt to France. It is now possible to purchase assignats with bills of exchange on London or Amsterdam at the rate of 6d. to 6 l/2d. per livre, the livre currently being valued at lOd. sterling in America. These assignats are receivable into the public treasury at par and therefore would be readily acceptable as a fair and honorable way of paying the debt to France. "If therefore the U.S. cou'd place funds, or establish a Credit, so as to draw here, on Amsterdam, London, or Hamburgh, at 2 to 6 months Usance, they cou'd now pay the debt due to France with a saving of 35 à 40 Cent; though this advantage may possibly appear too great to be received by the U.S., yet it is such, as the Citizens of France daily receive from their own Government, as the exigencies of the State demand frequent payments to be made in foreign Countries; while the same Citizens pay the same assignats into the publick Treasury without deduction."—If this plan is thought improper, another one might be tried. The U.S. might obtain a low interest loan of assignats from "particular Citizens" and pay them into the French treasury "at the rate they were received, or at par, as shall be determined by the U:S: or mutually agreed; for my own part, I am persuaded they will always be receivable, if not at par, yet at a much higher rate, than they can be bought at the market, which offers a favorable opportunity to the U.S." The payment of the debt in this fashion will assist the French in their glorious struggle for liberty and prevent the money owed by the U.S. from falling into the hands of some future tyrant. Since the King will have sanctioned the act, no succeeding French government will be able to question the validity of this mode of repayment—The monied men of France will eagerly take advantage of the opportunity to pay the debt of America to the French nation, especially if they receive assurances that the Legislative Assembly could transfer the debt.— He urges the need for prompt consideration of his proposals for paying the debt in assignats and apologizes for his inability to support them with greater detail. If his plans are approved in America, he offers his services in carrying them out in France.—A recent express from Paris brings news of the Emperor's hostile intentions and the formation of a league of Christian powers against France, "Sweden and Poland excepted." R C ( D N A : R G 59, C D ) ; 4 p.; endorsed by T J as received 4 Apr. 1792 and so recorded in S J L . Church referred to his last letter as 18 Dec. 1791, but it was actually the 16th.

[3]

To John Dobson SIR Philadelphia Jan. 1. 1792. If my letter of Dec. 5. produced disappointment to you, be assured that your's of the 18th. was not less mortifying to me. It was in a tone of complaint to which no action of my life has ever justly exposed me. I think I may say with truth that no man on earth has been readier to do every thing possible to discharge that debt, of a portion of which you are become the representative. The first year after the death of Mr. Wayles who contracted it, I sold 5000 pounds worth of land and tendered the bonds to Mr. Jones's agent who refused to receive them. There was not then a shilling of paper money in circulation; but before payment was received, it was not worth receiving. At the close of the war I delivered my who[le] estate into the hands of two of the best men on earth, and have not now for seven years drawn one shilling of it's profits for my own use: and finding that this has not answered, I have again sold property enough to pay the whole debt. Not having the power of creating money, I know not what more I could have done. But you say that in my letters to Mr. Hanson and yourself I promised that the bond assigned to you should be pointedly paid in September. You have not duly attended, Sir, to those letters. If you will have the goodness to look at them, you will find they contain no other promise than that the nett proceeds of the tobacco which should come here should be duly divided between that and the demand of another creditor. Knowing how subject to disappointment these means of payment are, I carefully avoided saying I would do any thing which did not depend on myself. The tobo, is not yet all come to hand. There is less in the amount than I had been taught to expect. The expences of bringing it from the plantations to this place and the intermediate expences have exceeded what was supposed. What is already come is not yet paid for. None of these things depended on me, and therefore in my letters I made myself responsible for none of them.—As to the time and means of paying the balance, I shall defer saying any thing precise till I learn the result of the sale which was to take place last month, and the aid obtained from that towards this payment. As soon as I receive that information I will again revise the subject and write to you, and in the mean time only say I shall leave nothing untried to effect it, and that I am with due regard Sir Your humble servt., T H : JEFFERSON P r C ( M H i ) . Dobson's letter of 18 Dec. 1791, recorded in S J L as received 26 Dec. 1791, has not been found. Another written on 7 Dec. 1791, recorded in S J L as received 16 Dec. 1791, is also missing.

[4]

From Christopher Gore SIR Boston January 1. 1792. I receiv'd your favor of the 13th. on the 24 ulto, and immediately applied for a compleat copy of the case of Pagan & Hooper. The inclosed contains such a copy of all the proceedings, prior to the representation by his Britannic majesty's Consul, alluded to in Mr. Hammond's memorial. On the reference of the Legislature of Mas­ sachusetts, by their resolve, to the Sup. Jud. Crt., Mr. Hooper shewed cause, in writing, against a grant of the review prayed for. One of the justices of the court took the resolve, and Hoopers reply from the clerk's office; and wrote the reasons of the court, for not allowing the review. By some accident, these last mention'd papers have been mislaid. And the Clerk desirous of further time to procure them, and render the copy of this last proceeding compleat, delays a transcript of what is now in the office relating thereto, till the middle of next week—before which time, he hopes the record may be perfect. Think­ ing it possible, that the time allowed for an examination of this part of the cause, by sending it now, may be of some accommodation to yourself or the Attorney General, I forward it by this mail; and hope, by the next, to transmit an entire copy of the doings of the court, on the motion for a review of the cause, and will then return the copy of Mr. Hammond's memorial agreeable to your directions. In the mean time, I pray you to be satisfied that no other use will be made thereof, than that for which it was sent.—With great respect I am, sir, your Excellency's very obed. servt., C. GORE R C ( D N A : R G 59, N L ) ; endorsed by T J as received 10 Jan. 1792 and so recorded in S J L . Enclosure not found, but see Gore to T J , 4 Jan. 1792, and an explanation of the case of Pagan v. Hooper at George Hammond to T J , 26 Nov. 1791.

From Alexander Hamilton Sunday January 1st. 1792 Mr. Hamilton presents his Compliments to Mr. Jefferson. Being engaged in making a comparative statement of the Trade between the U S and France and between the U S and G Britain; and being desirous of rendering it as candid as possible Mr. H will be obliged to Mr. Jefferson to point out to him the instances, in which the Regulations of France have made discriminations in favour of the U States, as compared with other foreign Powers. Those of Great Britain appear [5}

1 JANUARY

1792

by its statutes which are in the hands of Mr. H ; but he is not possessed of the General Commercial Regulations of France. Mr. H also wishes to be informed whether the Arret of the 9th of May 1789 mentioned by Mr. J in the Notes to his Table be the same with the Ordinance of the Governor General of St. Domingo which is at the end of the Collection of Arrets which Mr. J was so obliging as to lend to Mr. H—which is of that Date. R C ( D L C ) ; endorsed by T J as received 1 Jan. 1792 but not recorded in S J L or SJPL. Hamilton's C O M P A R A T I V E S T A T E M E N T was almost certainly his "View of the Commercial Regulations of France and Great Britain in reference to the United States." T h e object of this paper, which Hamilton never completed, was to counter the strongly anti-British report on com­ merce T J was then expected to sub­ mit to Congress by demonstrating that British commercial regulations were actu­ ally more favorable to the United States than those of France (Syrett, Hamilton, X I I I , 395-436). There is no evidence that T J ever replied in writing to Hamil­

ton's letter, and in the absence of such a response it is impossible to determine to what extent, if any, the comparison of the British and French commercial systems in Hamilton's "View" was based on infor­ mation he might have received from T J in other ways. T h e T A B L E in which T J discussed the 9 May 1789 ordinance of the governor of Saint-Domingue permit­ ting the free importation of American flour for four years is printed as an enclosure to T J to Washington, 23 Dec. 1791. Hamil­ ton was far more critical than T J of the French government's policy of preventing the importation of American flour into the French West Indies except in "cases of necessity" (same, p. 415). See also T J to Washington, 4 Jan. 1792.

From David Humphreys Lisbon, 1 Jan. 1792. Nothing remarkable has occurred since his last letter of 24 Dec.—A storm from the north hovers over France and the expectation here is that a blow will soon be struck. The emigrants are indefatigable and the Duke of Luxembourg has left here for Madrid. Russia and Sweden have given the friends of the constitution in France many months to prepare for war. But France is severely handicapped by the state of herfinances;"at this moment exchange is more against it with foreign Nations than it has been at any time."—Everything is tranquil in Portugal and little attention is given to politics. The balance of trade between Portugal and the "monied Countries of Europe" continues in her favor. This week English vessels brought more than £50,000 here and the packet that just arrived probably brings more specie.— Portugal is rapidly augmenting its marine. A ship of the line, a frigate, and a cutter were all launched in one day a short time ago. Three more ships are under construction and large quantities of naval stores are being imported from the north. This may be a favorable time for Americans "to come forward with proposals for furnishing at certain rates, Timber, Hemp, Tar &c."—He hoped that "the acknowledgedflorishingcondition of the U.S. might have induced the Portuguese Government to have made overtures for a Commercial Treaty; from which, it is apparent, benefit might result to both Parties. But I have [6]

1 JANUARY

1792

not thought it discreet to converse on this subject, except as an Individual, with some Individuals of high distinction; who are of the same opinion."—P.S. He will spare no efforts to procure contracts for Americans seeking to supply Portugal with naval stores and salted provisions. Seven American vessels have arrived here in the last three or four days. R C ( D N A : R G 59, D D ) ; 3 p.; at head of text: "(No. 42)"; endorsed by T J as received 5 Apr. 1792, on which date T J recorded its receipt in S J L and noted: "No. 42. for 43." T r (same). Anne Charles Sigismond, Duc de Lux­ embourg, a former member of the Estates

General who had left France in 1791, was apparently on his way to join the emigré army that the Comte d'Artois and the Comte de Provence were gathering in the Rhineland (Dictionnaire historique et biographique de la revolution et de l empire [Paris, 1899]).

To Thomas Mann Randolph, Jr. D E A R SIR

Philadelphia Jan. 1. 1792.

Your favor of Nov. 28. came to hand on the 22d. inst. 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 us on the regular establishment, as it directs a cross post from Rich­ mond to Columbia, Charlottesville, Staunton, and thence along that valley Southwestwardly to the South-Western government and so on to Kentuckey. I urged strenuously to our representatives the impro­ priety of sending a post, destined for the South Western government and Kentuckey, by the way of Charlottesville and Staunton, as it was palpable to me from my own knowlege of the country that it ought from Columbia to pass up {the South side of) James river to Lynch­ burg and by the peaks of Otter and to have left Charlottesville and Staunton still to take care of themselves. They decided otherwise how­ ever, which so far as my own interest is concerned is a convenience to me and so far as my neighbors and 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 on what I think would have been wrong.—You will have heard that the representation bill is lost, and might have been saved had R. H . Lee been here at any moment during it's dépendance. 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 1

[7]

1 JANUARY

1792

dead wood enough to supply a fire place through the winter, and 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, and to the bosom of my family, in whose love alone I live or wish to live, and 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 from Dear Sir Your's, T H : JEFFERSON

R C ( V i U : T J M F ) ; addressed: "Thom­ as M . Randolph junr. Monticello." P r C (DLC). Randolph's F A V O R O F N O V . 28, recorded in S J L as received 22 Dec. 1791, has not been found. A P O S T O F F I C E bill passed the House on 10 Jan., but the Senate version

was not approved until 30 Jan. (see note at T J to William Blount, 24 Dec. 1791). The B A N K B I L L F O R T H E £ 3 5 was to cover the cost of T J ' s new horse ( T J to Thomas Mann Randolph, J r . , 8 Jan. 1792). 1

T h e remainder of the sentence was added above the line.

From Alexander Donald D E A R SIR London 3d. January 1792 A few days ago I had the pleasure of recieving, the letter which you did me the honour to write me on the 23d. Novemr. The very next day I went myself to Lackington's with your list. The books were sent to D . & B . Counting House yesterday and the money paid for them. The amount being £ 8 . 17. Stg, is placed to your Debit. I pray you not to give yourself any uneasiness, or to put yourself to any inconvenience to replace this money. It may either be paid to Mr. Brown, or remitted in a bill of Exchange as you please. The Books shall be sent by the first ship for Phila., accompanied by a note of the cost, and shipping charges. I certainly did expect that our Friend Colo. Harvie would have had more votes for being Chief Magistrate of Virga. Altho I do not beleive that if I had been on the Spot I would have concluded he would have been chosen. He is a very worthy man, but abundantly Indolent. [8]

3 JANUARY

1792

Had he been as free with his Dinners to the assembly, as Boiling Starke was when he used to stand for a councellor, he would have had a more respectable Poll. I beg pardon for the observation. I do not mean it as a reflection on the assembly, nor would I make it to every Person. But a little attention has a wonderful effect.—I believe, and hope, the choise has fallen upon a very good man. Indeed all the three are unexceptionable, but during my stay in Virga. from the 84. to the 90. I observed that all places of honour or Proffit in the gift of the assembly, were with one exception, conferred on one of their own Body.—The case I allude to was the late Governour, Beverley Randolph. I sincerely congratulate you on the rapid rise of your Funds. It shows clearly that the People in Europe begin to know you, and consequently must have the same degree of confidence in your Government, as they have in that of this or any other Country. I presume you will soon call in your Six ^ Cent Stock, for I understand that Mr. Short has suc­ ceeded in negotiating a considerable Loan in Holland at 4 ^ Cent.— which will do away the necessity of your paying so high an Interest as 6 ^ Cent any longer—and will make a very capital difference upon the face of your expenditure and Income.—This Country abounds so much in money just now, that I would not be the least surprized to see our three ^ Cent Consols at 100. before the expiration of this present year. I am much pleased also to find by my last advices from America that wheat and Flour were in demand, and consequently obtained good prices. I hope this will long be the case, for there has been too much Tobo, made for some years past. Such as was good, sold pretty well last Autumn. But mean is totally unsaleable. I will not presume to trouble you on the affairs of France as you will hear what is going on there through a much better Channel. In this Country however it is generally believed there will be a Coun­ ter-Re volution. Their assignats are greatly fallen, and the Exchange between this and Paris is from 18. to 19, so that the Livre Tournois is worth only 7s. here. I rejoiced when I heard of the appointment of Mr. Hammond to the Honourable Office of Minister Plenipotentiary to the United States of America. I expect now to see every thing in dispute adjusted, and a firm and lasting treaty of Peace and Commerce established between our Two Countries, both equally dear to me. I beg leave to assure you that I will ever be happy to recieve your Commands, and I promise to execute them to the best of my skill and Judgement.—Wishing you many returns of this Season of Mirth and

19]

3

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1792

Festivity—I remain with great consideration Dear Sir Your Faithful & obt.

st.,

A DONALD

RC (DLC); endorsed by TJ as received 28 Mch. 1792 and so recorded in SJL.

From Benjamin Hawkins Mrs. Houses 3. of January 1792 I send you herewith the notes I informed you I had taken of the recent debate in the Senate. When you have read them I request that they may be returned; yet, if you judge proper, you may previously show them to the President. I have paid on my part that attention to the subject in question that its importance deserves, without being able to form an opinion perfectly satisfactory to myself. The result of my reflections, however, are That if the Senate are not previously informed of the reasons which enduce the President to nominate ministers to foreign Courts, they may be involved in inconsistency in as much as having once assented, they are bound to assent also to the means of supporting them.—To say they have a negative on the supplies, is saying that they would on to day advise and consent to an appointment, and on tomorrow annul it by with holding supplies.—The right contended for as exclusively in the President, being questionable It would seem proper, that the Senate should be informed of and acquiescent in the measure as well as the man, and they are then bound to contribute their aid for the supplies.—But suppose the right conceded to the President, of determining the courts where and the grade of the minister, then, what is proper for the Senate to do on their part to remedy the inconsistency before alluded to? Simply to clog all nominations with a proviso that they will be no longer pledged for the supplies than the expediency of the measure in their estimation may justify thereby reserving to themselves the right to examine into the expediency at every appropriation.—With great and sincere regard I have the honor to be My dear Sir your most obedient servant, BENJAMIN HAWKINS

RC (DLC); endorsed by TJ as received 3 Jan. 1792 and so recorded in SJL. Hawkins' enclosed notes have not been found, but a transcript in Washington's hand is printed below. Hawkins'

NOTES

reflect one phase of

the controversy in the Senate over the President's nomination of Gouverneur Morris and Thomas Pinckney as minis­ ters plenipotentiary to France and Great Britain, and William Short as minister resident at the Netherlands. The Senate had become entangled in the inconclusive

[10]

3

JANUARY

debate over related resolutions on 29 and 30 Dec. 1791, after considering the Presi-

1792

dent's nominating message for several days ( J E P , I , 92-3).

E N C L O S U R E

Notes on Senate Debate S

Resolution—

Mr. Haw—

Mr. Iz—

Mr. Ells—

te, on the agency it ought to have in judging of the expediency of sendg. M rs. abroad. "That in the opinion of the S te it will not be for the interest of the U.S. to appoint M rs Pie y to reside permanently at Foreign Courts." Doubts the P— right to decide on the measure without the previous advice of the Se te. Sees embarrassments in negativeing the character as a mean of defeating the measure—or inconsistency in their conduct to approve the Nomination and withhold the supplies when the matter comes before them in their legislative capacity. Thinks it improper to give a vote upon such an abstract proposition. Let the question be "Is it necessary now to appoint M rs to any foreign Courts." Thinks great caution ought to be observed. "The P and Se are to decide upon the propriety of diplomatic establishments." The P should be consulted. "He has an equal right to judge with the Se " Doubts they are proceeding too fast. "Suppose the S to determine it was inexpedient to enter into any treaty with a particular power, what is the P to do? Must he be exclusively bound"? Mr. Gr. M s letters give information if the S want that. Withholding the Westn. Posts and property and the Act appropriating 4 0 , 0 0 0 dollars are evidences of the grd. of the P

Mr. Fe—

Mr. L — Mr. Str.

proceeding.

Thinks they may agree to the Resolution to day and appoint a M r tomorrow with the P They may consult with the P "He knows that when he thinks proper there will always be a seat for him here." If the Resolution is not agreed to, how can the S express their sense of the measure which he dislikes—or let the P know the Sense of the S thereupon. He dislikes the principle, though he thinks that with respect to G.B. there may be an occasion for a M r at that Court—but it is not of sufft. weight to induce the S to act upon the nominations without its previous advice with respect to the measure. Let the S express their wish to the P. to confer with him. The nominations go to a permanent establishment—where is the necessity of these in France or Holland?—the Provi[ i n

3

Mr. Ells. Mr. L .

Mr. Iz.

Mr. Lang. Mr. L .

JANUARY

1792

sion made by Law is a temporary one by way of outfit. "Out of delicacy then determine the question lest it be understood we object to the men in nomination." "If you want information ask it of the P I think we are in possession of enough." The Gentn. last up goes to the men and not to the measure. "When a nomination is made we must not ask for what, and for how long, a permanency is evidently in contemplation." "We are told a B: M r is here to treat with us, if this is his business we can do it better here than there." His pride may be hurt, but if they are serious their pride will not be operated upon by etiquette instead of Interest. When he is convinced that sending a M will give facility to measures he will consent thereto. But "let us clear the way as we go, and inform the P we are opposed to a permanent (establis) diplomatic corps in Europe, yet that when the necessity of sending M__ r there is apparent we are ready to advise and consent thereto—on extraordy. occasions." At a loss to know what is meant by M on extra occa­ sions in Europe. These are usually for Congratulations on births, Marriages &ca. If the Gentn. from Connecticut is right that the decision will be against the men and not the Measure, is the Gentn. from Virga. sure that when this goes out of doors it will not be adjudged as agt. the men and not the measure. The feelings of the P will be wounded, we have had certn. correspondence laid before us which serves as the basis of this business. He does not think as some do that we ought to be unacqd. with the Affairs of Europe party. F. and Engd. I shd. vote agt. a permanent establish­ ment, yet I am for sending at the discretion of the Executive. I am very desirous of being on a friendly footing with F. S. and Engd. Havg. a M. in F. obtained us much good. In Engd. our Seamn. were Impressed and were dependent on private persons who might not have been heard. You have heretofore had a Conference by means of a Comee, with a man known and respected for his knowledge whose opn. was that you shd. have a M r at F. and Engd. and infe­ rior characters elsewhere. Can we suppose the P wd. do any thing witht. mature delibn.? The outfit provided was to accomodate Gentn. in the first instance who might not be rich. I am satisfied that the P would not do anything witht. mature deliberation. I am for appointing the M rs. I would not for the accidental probability of a War in Europe keep M rs there to take care of our Seamen. Is it supposable the P will do any thing witht. mature delib­ eration? We must use our discretion having constitution­ ally a right to do so. The Gentn. from S.C. is, in pursuing [12]

3

Mr. Sher.

Mr. K.

Mr. Ells.

Mr. K. Mr. B.

Mr. F.

JANUARY

1792

his train of reasoning, that you must be permanent in your establishment. Question is asked will the people abroad be convinced that this is not against the men, but the measure? I do not know when men go deep and far in pursuit of rea­ sons to say what they will do. For postponing the nomination and taking the opinion of the S on the proposition on the Table. What will be the consequence of a concurrence in the appointment with­ out limitation? Is it proper or expedt. to appoint in this manner? The former Congress gave a Comn. with limita­ tion—so it should be now. It is said the P feelings will be hurt. I think not, what I want to be brot. about is, that the P if he thinks proper may have it in his power to assign reasons for the permanent appointment, we can now consider whether it is now expedt. to make these perma­ nent appointments. I think without a particular object they are not necessary. We may within these walls without the interposition of the P personally, obtain the necessary information. It is an embarrassed question, and to simplify it, I am for postponing, that we may without being embarrassed discuss the question in which case the result may be got at witht. difficulty. I am with my Colleague in opinion we should answer the questions of the P and no other, is it now proper to send aM r Ay or nay. As to the (question) appointment being perpetual I differ with him. Men cannot be sent abroad and supported there witht. money that cannot be had but by the concurrence of the S Wanted to have the question so regulated as that a correct light and judgment might be formed. Is surprized that the Gentn. from Connecticut will insist on a vote affecting men, when we mean it to effect the measure only. Would not vote for postponing, but as he is impressed with the necessity—He is struck decidedly that agreeing to the Nominations establishes a permanent diplomatic Corps in Europe. Now is the time to resist it.—If we do not he shall dispair of ever doing it. He is of the same opinion with the Gen: from So. C. as to the feelings of the P and wd. not hurt them for the world, but must he be a traitor to his own feelings? He thinks the measure not for the interest of the Country and with due defference for the Opinion of the P thinks he ought to have kept the two questions seperate, and informed the S that there did now exist reasons for sending M rs to Europe. Thinks there may be occasions to require M rs in Europe but not permanently, or if so the reasons must be previously given to obtain his consent. [13}

3 Mr. Ells. Mr. Stro.

Mem.

Mr. K .

JANUARY

1792

This measure is not without a precedent—the nomination to Portugal is in point. The M r to Portugal is Resident, is a grade in pay as a Chargé des Affaires. This discussion would have been better timed agree then. The sole question is shall we postpone the Nomination to take up an abstract proposition. He is for doing it, because he is of opinion that the P should have an opportunity of assigning his Reasons. We did not involve ourselves— the P involved us. The measure ought to have been previously discussed before the nominations were made. Some ideas occurs to him of the impropriety of this Measure as the greatest harmony should subsist between the P and the S in the joint Executive power. The Constitu­ tion contemplates this establishment. The inference is clear that any regulation respecting an abridgment of its exten­ sion is improper. Every part of the proposition as fixes the controul in the first instance is inadmissible, any enquiry in an individual case when full information is not obtained is proper. Suppose this negative proposition now to pass, it is in its nature void, tomorrow we can determine differently. If the Constitution has vested in the P the right of nom­ inating to Offices, he has a right to exercise it as to him appears best. What is the object desirable by those negatory resolutions? Whether it be fit and suitable to fix these Min­ isters should we at this time [do] it, it must arise from the information we obtain, and to the end that we may obtain it we should think of some suitable way of applying to the P The motion by agreement amended as follow Resolved that the Se te do not possess evidence suffi­ cient to convince them that it will be for the interest of the U.S. to appoint M rs Pleny. to reside permanently at Foreign Courts.

Mr. B.

Mr. Str.

I have submitted to the amendmt., but doubt its attaining the object. Whether this species of arrangement can obtain the necessary information, is doubtful. We can establish such as is suited to our governmt., it is wrong in us to entail on our governmt. an unnecessary expence. This will not banish intercourse between us and foreign Nations. We should not inconsiderately involve ourselves, this is the time to determine whether we should send M rsforspecial occasions or to reside permanently. This motion will convey this idea, that it is not necessary to have M rsfixedpermanently, yet that occasions may arise when it may be necessary to send them. I have no doubt the P may have done for the best in his opinion, [14]

3

Mr. Iz.

JANUARY

1792

and will be willing to State such circumstances as occurred to him for our information. I have not information enough to guide me, I want that information. How am I to get it, the P at an early period suggested to us the propri­ ety in difficulties such as the present to apply to him for information. I agree with the Gentn. from Massa. He has sd. and justly, that the P has warranted us in making these enquiries. We have some important information, the letters last session from the P of G. M s transactions at the Court of L is such. If it is the opinion of the S that they have not the necessary informatn. let the motion be committed. After farther debate the nomination and the two propo­ sitions were committed to a Committee of five.

Tr ( D L C : Washington entirely in Washington's hand.

Papers);

commercial and diplomatic relations with Great Britain, at 11 Dec. 1790. T h e 1790 ACT APPROPRIATING $40,000 was meant to provide the means of intercourse with MR. H A W — : Benjamin Hawkins of foreign nations for the fledgling American North Carolina; M R . iz—: Ralph Izard diplomatic establishment. T J ' s 24 May of South Carolina; M R . E L L S — : Oliver Ellsworth of Connecticut; M R . F E — : 1790 C O N F E R E N C E with a Senate commit­ tee on the subject of the need for Amer­ William Few of Georgia; M R . L . : Richard ican diplomatic representation in Europe Henry Lee of Virginia; M R . S T R . : Caleb is described in Maclay, Journal, p. 272; Strong of Massachusetts; M R . L A N G . : John see also Editorial Note and group of docu­ Langdon of New Hampshire; M R . S H E R . : ments on plans and estimates for the diplo­ Roger Sherman of Connecticut; M R . K . : matic establishment, at 26 Mch. 1790. Rufus K i n g of New York; M R . B . : Aaron For a discussion of T J ' s relations with the Burr of New York; and M R . F . : Theodore C O M M I T T E E O F F I V E , as well as a fuller Foster of Rhode Island. description of the grounds for senato­ The L E T T E R S Washington submitted rial opposition to Washington's diplomatic to the Senate respecting Morris' fruitless nominees, see Memorandum on Meeting mission to London in 1790 are printed in with Senate Committee, 4 Jan. 1792. A S P , Foreign Relations, I , 121-7; see also Editorial Note and group of documents on

From William Hay DEAR SIR Richmond January 3d. 1792 Altho' I am fully sensible that your Office of Secretary of State employs your whole Attention, yet as you have at all Times shewed a great willingness to aid and encourage young Gentlemen in the prosecution of their Studies, I cannot help begging your Advice to the Bearer Mr. Bennet Taylor a Nephew of Mrs. Hay's. His Father, in conformity with the Sons Inclination, intends him for the Profession of the Law, and has given him the Choice of Philadelphia or Prince Town, to prosecute his Studies preparatory to the Study of the Law. I will thank you to advise him which Seminary of Learning you [15]

3

JANUARY

1792

think will answer the E n d he has in View the best, and should you advise him to stay in Philadelphia, to be pleased to Admonish him if you see Occasion. You will readily excuse the Trouble I give you on his Account, as you are a Father and feel all those Anxieties which a Father feels for his Children.—I have the Honour to be with great Regard & Esteem Dear Sir your most ob't, WM. HAY R C (MHi); endorsed by T J as received 12 Jan. 1792 and so recorded in S J L . T J recommended Princeton for young Taylor ( T J to John Witherspoon, 12 Jan. 1792).

To William Short Jan. 3. 1792. You are nominated to the Senate Minister resident to the Hague. Thomas Pinckney Minister Plenipotentiary to London. G . 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, we have been now twelve days in suspense looking for the result, to wit, what compromise they will form together, or whether any. Whatever you may hear otherwise, be assured that no mortal not even of their own body can at this moment guess the result. You shall know it by the first vessel after it is known to me. The vessel by which this goes takes advantage of an opening in the ice this morning in consequence of a rain to go out, and is this moment getting under way, so that I must end here. Jan. 10. 1792. 8.aclock A. M . Tho the Senate has been constantly on the subject in my cyphered letter, there is no decision as yet. We have been constantly in expectation that each day would finish it. R C (ViW); entirely in code except for the final sentence, and the postscript of 10 Jan., with interlinear decoding in Short's hand; postscript of 10 Jan. on separate sheet; endorsed by Short as received 18

Feb. 1792. P r C ( D L C ) ; mutilated, so that parts of the first three lines are lost. Dft ( D L C ) ; comprising only the text en clair for the passage in code,

From Christopher Gore SIR Boston Jany. 4. 1792. I now enclose you, all the copies that can be obtained of those proceedings, on the motion of Pagan for a new trial in his cause [16]

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1792

with Hooper, which took place, after the representation of the British Consul, to the legislature of Massachusetts. I regret that any of the papers shou'd be missing; and have endeavord, by application to the several justices of the court, to find those which are mislaid. Hitherto all search hath proved ineffectual. If at any time they are found, I will procure and transmit you authentic copies thereof. Enclosed is Mr. Hammond's memorial, also the receit of the Clerk for the expence of copying.—I am Sir very respectfully Your Excy's obed servt., C. GORE R C ( D N A : R G 59, N L ) ; endorsed by T J as received 14 Jan. 1792 and so recorded in S J L . On 14 Jan. 1792 Gore wrote the fol­ lowing to T J : "The papers alluded to in my former letters having been found, and

the record of Pagan and Hooper perfect­ ed, I have an opportunity of forwarding you the inclosed; which, with the papers heretofore transmitted, make the copy of this cause compleat" ( R C in D N A , R G 59, N L ; not recorded in S J L ) .

From Benjamin Rush D E A R SIR Walnut Street January 4th: 92. Soon after the accession of Mr: Mifflin to the Government of Penn­ sylvania, he gratified his resentment against me for opposing his elec­ tion, by removing my brother from a Seat on the bench of the supreme Court of Pennsylvania. The public clamor against this cruel and arbi­ trary measure, and the numerous testimonies which rose up in favor of my brother's integrity and Abilities in the execution of his office, induced Mr: Mifflin to appoint him a district Judge for four of the frontier Counties of the State. To this Appointment he submitted, for his Age and habits had lessned his disposition to return to the active Strife of the bar. In his present Situation he is banished from the friends of his youth and from the Society of his only brother. Nor is this all. His Children (five in number) are all Girls, who by his residence in the Woods must want the benefits of education. To restore him from a Species of exile and to place him in a Situation Above all Obligation to a man who has treated him so unkindly, I have taken the liberty of requesting Mr. Randolph to mention his name to the President of the United States as a successor to Mr. Lewis who has just resigned the Office of District Judge of Pennsylvania. May I be permitted to request the favor of you to second Mr. Randolph's influence with the President upon this Occasion? Mr. McKean and Mr. Wilson will sat­ isfy you that his talents and knowledge are equal to that Station, and all who have ever known him will vouch for the purity, and integrity of 1

2

[17]

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1792

his conduct and character both as a man, and a Judge.—Your friend­ ship in this business will confer a peculiar Obligation upon Dear Sir your sincere friend & Obedient Servt., BENJN. RUSH R C ( D L C ) ; endorsed by T J as received 5 Jan. 1792 and so recorded in S J L . Rush failed in his effort to obtain a fed­ eral judicial appointment for his brother Jacob. On 12 Jan. 1792 Washington nom­ inated Richard Peters, the speaker of the Pennsylvania Senate, to succeed William L E W I S as federal district judge of Pennsyl­ vania, who had just resigned ( J E P , I , 86, 88, 97; William Primrose, "Biography of William Lewis," P M H B , X X [1896], 30-

40; Louis Richards, "Hon. Jacob Rush, of the Pennsylvania Judiciary," same, xxxix [1915], 53-68). Tobias Lear transmitted Lewis' letter of resignation and commis­ sion to T J on 4 Jan. 1792 ( P r C in D N A : R G 59, M L R ; F C in D N A : R G 59, SDC). 1

Rush originally wrote "his early friends," then altered it to read as above. Preceding five words substituted for "to his friends," deleted. 2

George Washington to the Senate G E N T L E M E N OF T H E S E N A T E

[ca. 4 Jan.

1792]

Your house has been pleased to communicate to me their resolutions, purporting a decision by them that it is expedient &c. From whence an implication arises that in their opinion they might have decided that no such appointments were expedient. After mature consideration and 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, and of what grade they should be: and that it has ascribed to the Senate no executive act but the single one of giving or witholding their consent to the person nominated. I think it my duty therefore to protest, and I 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 ques­ tion 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. 1

2

3

4

5

6

notes below. On bottom of second sheet, P r C ( D L C ) ; entirely in T J ' s hand; T J wrote the following notes: "nomina­ at foot of text: "not sent." Entry in tion of ambassador &c. and judges on S J P L reads: "draught of message to Sen­ same footing. Could they decide whether a ate on their right to controul grade &c. not sent." Dft ( D L C : T J Papers, 98: judge shall be appointed. May happen that one should be appointed during recess. 16748); with many differences in word­ Would his proceeding be void, because ing, most of which are noted in textual

[18]

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the competent judge [i.e. the Senate] had not sanctioned. He shall receive ambas­ sadors and other public ministers. But every where he who receives can render in exchange and in usage before recieved. There must be a preliminary promise to render in exchange. Now the constitution could not mean to give a power to recieve, and refuse a power over the only condi­ tion which could produce the demand to recieve."

1792

have proved that the dangers to be appre­ hended from a single branch of the Leg­ islature are unfounded and chimerical"—a remark that undoubtedly reflects nothing more than T J ' s temporary exasperation with the upper house of the national leg­ islature (Anonymous to Washington, [20 Jan. 1792], D L C : Washington Papers). 1

In Dft, T J first wrote 'is unavoid­ able," then substituted this word. Preceding four words interlined. At this point, T J first wrote and then deleted "and I do therefore protest against leaving to." In Dft, T J first wrote "given," then "allowed." At this point in Dft, T J first wrote "by him for the mission. I do therefore protest," deleted. From this point in Dft, T J heavily edited the remainder of the paragraph. He first wrote, then deleted, the following: "decide on the expediency of {the) any mis­ sion of Ambassadors, or other public min­ isters [...] exercise any executive powers but the single one (of) before mentioned which the constitution has given to them of [.. ] however was to examine their con­ stitutional right of [...] the person nom­ inated, and their legislative [...] legisla­ tive provision for the support of any mis­ sion on [...] of which they alone are the judges. [...] that the power may not be misconstrued as (extending to their powers [...] mentioned) comprehending the right to make treaties. Treaties being legislative in their nature, the rights of the Senate to concur in making them, is not meant to be drawn into question by this protest, which is confined to Executive (considering treaties as legislative acts).'''' 2

T J ' s proposed message was part of the ongoing struggle to secure Senate confirmation of the nominations of Pinckney, Morris, and Short to serve as min­ isters of the United States. T J , whose belief in the exclusive right of the Exec­ utive over foreign affairs was well known, probably drafted this strong defense of the President's prerogatives in reaction to Benjamin Hawkins' notes of the Senate debate on these nominees (see enclosure to Hawkins to T J , 3 Jan. 1792; T J , Opin­ ion on the Powers of the Senate respect­ ing Diplomatic Appointments, 24 Apr. 1790). But despite T J ' s strong convic­ tions on this point, the message he drafted for the President was not sent to the Sen­ ate, perhaps because of the meeting that is described in the following document. His initial reaction, however, lends some plausibility to the claim of an anonymous Federalist critic that while dining with Elbridge Gerry and Thomas FitzSimons on 3 Jan. 1792 T J stated that "the Senate ought to be deprived, by what he calls an amendment of the Constitution, of every thing except their legislative vote—and even that he says appears doubtful to him and to his little friend [James Madison], since the French in their new Constitution

3

4

5

6

Memorandum on Meeting with Senate Committee January 4th. 1792 The Secretary of State having yesterday received a Note from Mr. Strong as Chairman of a Committee of the Senate, asking a conference with him on the subject of the late diplomatic nominations to Paris, [19]

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1792

London and the Hague, he met them in the Senate chamber in the evening of the same day, and stated to them in substance what follows. That he should on all occasions be ready to give to the Senate, or to any other Branch of the Government, whatever information might properly be communicated, and might be necessary to enable them to proceed in the line of their respective offices: That on the present occasion particularly, as the Senate had to decide on the fitness of certain persons to act for the United States at certain Courts, they would be the better enabled to decide, if they were informed of the state of our affairs at those courts, and what we had to do there: That when the Bill for providing the means of intercourse with foreign nations was before the Legislature, he had met Committees of each House, and had given them the ideas of the Executive as to the Courts with which we should keep diplomatic characters, and the grades we should employ: That there were two principles which decided on the Courts, Vizt. 1. vicinage, and 2. commerce: That the first operated in the cases of London and Madrid, and the second in the same cases, and also in those of France and Portugal; perhaps too of Holland: That as to all other countries our commerce and connections were too unimportant to call for the exchange of diplomatic residents: That he thought we should adopt the lowest grades admissible, to wit, at Paris that of Minister plenipotentiary, because that grade was already established there; the same at London, because the pride of that court, and perhaps the sense of our country and it's interests, would require a sort of equality of treatment to be observed towards them; and for Spain and Lisbon, that of Chargé des Affaires only; the Hague uncertain: That at the moment of this Bill there was a complete vacancy of appointment between us and France and England, by the accidental translations of the Ministers of France and the United States to other offices, and none as yet appointed to, or from England: That in this state of things the Legislature had provided for the grade of Minister plenipotentiary, as one that was to be continued, and shewed they had their eye on that grade only, and that of Chargé des affaires; and that by the sum allowed they approved of the views then communicated; That circumstances had obliged us to change the grade at Lisbon to Minister resident, and this of course would force a change at Madrid and the Hague, as had been communicated at the time to the Senate; but that no change was made in the salary, that of Resident being made the same as had been established for a Chargé des affaires. He then added the new circumstances which had supervened on those general ones in favour of these establishments, to wit; with [20]

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Paris, the proposal on their part to make a liberal Treaty, the pre­ sent situation of their colonies which might lead to a freer com­ merce with them, and the arrival of a Minister plenipotentiary here; with London, their sending a Minister here in consequence of noto­ rious and repeated applications from us, the powers given him to arrange the differences which had arisen about the execution of the Treaty, to wit; the Posts, Negroes &c. which was now in train, and perhaps some authority to talk on the subject of arrangements of commerce, and also the circumstances which had induced that Minister to produce his commission; with Madrid, the communica­ tion from the King that he was ready to resume the négociations on the navigation of the Missisippi, and to arrange that, and a port of deposit on the most friendly footing, if we would send a proper person to Madrid for that purpose: he explained the idea of joining one of the Ministers in Europe to Mr. Carmichael for that purpose; with Lisbon, that we had to try to obtain a right of sending flour there, and mentioned Del Pinto's former favourable opinion on that subject: he stated also the interesting situation of Brazil, and the dispositions of the Court of Portugal with respect to our warfare with the Algerines; with Holland, the negociating loans for the transfer of the whole French debt there, an operation which must be of some years, because there is but a given sum of new money to be lent there every year, and only a given proportion of that will be lent to any one Nation: He then particularly recapitulated the circumstances which justified the President's having continued the grade of Minis­ ter plenipotentiary; but added that whenever the biennial bill should come on, each House would have a constitutional right to review the establishment again, and whenever it should appear that either House thought any part of it might be reduced, on giving to the Executive time to avail themselves of the first convenient occasion to reduce it, the Executive could not but do it; but that it would be extremely inju­ rious now, or at any other time, to do it so abruptly as to occasion the recall of Ministers, or unfriendly sensations in any of those countries with which our commerce is interesting. That a circumstance recalled to the recollection of the Secretary of State this morning induced him immediately to add to the preceding verbal communication, a letter addressed to Mr. Strong in the follow­ ing words. "Sir Philadelphia January 4th. 1792 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 [21]

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I beg leave to correct. After re-calling to their minds the footing on which Mr. Morris had left matters at the Court of London, and informing them of what had passed between the British minister here and 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 the water; because Mr. Morris's powers there had been determined, and I endeavoured to recollect whether any thing else had passed with Mr. Hammond and myself. I answered that this was all, and added in proof, that I was sure nothing had passed between the President and Mr. Hammond personally, and so I might safely say this was all. It escaped me that there had been an informal agent here, (Col: Beckwith) and 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 through another channel, that one would doubtless be sent. Having only been present when it was concluded to give the 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 favour of you, Sir, to communicate this to the other members of the Committee, and to consider this as a part of the information I have had the honor of giving the Committee on the subject.—I am with the most perfect esteem, Sir Your most obt. & most h'ble servant, T H : JEFFERSON Mr. Strong} Which letter with the preceding statement contains the substance of what the Secretary of State has communicated to the Committee, as far as his memory enables him to recollect. T H : JEFFERSON R C ( D N A : R G 59, M L R ) ; in clerk's hand except for T J ' s signature. P r C ( D L C ) . T r ( D N A : R G 59, S D C ) . Entry in S J P L : "Notes of Conference with a committee of Senate on diplomatic affairs." Included in the "Anas." T J ' s conference with the C O M M I T T E E — Caleb Strong, Aaron Burr, Richard Henry Lee, Oliver Ellsworth, and James Gunn— marked a significant turning point in

the struggle to secure Senate confirma­ tion of Morris, Pinckney, and Short. T h e detailed statement he made to the commit­ tee on the need for American diplomatic representation in five European capitals satisfied the Senate's wish to learn the rea­ sons for Washington's proposed appoint­ ments, and his assurance that Congress could periodically R E V I E W T H E E S T A B ­ L I S H M E N T allayed the fears of those who were apprehensive that confirming the

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President's nominees would lead to the creation of a permanent diplomatic corps in Europe. But T J failed to persuade the committee of the need for all of the missions recommended by the President. Strong reported to the Senate on 6 Jan. 1792 that in the opinion of his commit­ tee the facts communicated to them by T J justified the appointment of a minis­ ter plenipotentiary to Great Britain, but left it to the members of that body to decide if the information imparted by the Secretary of State also warranted the appointment of ministers to France and T h e Hague. After considering all the information the committee received from T J , the Senate decided on the same day that "a special occasion" existed for the appointment of ministers plenipotentiary to France and Great Britain, thus indicat­ ing continuing skepticism about the need for Short's mission to the Netherlands. The President's supporters then stepped up their efforts to secure confirma­ tion of all three ministers by invok­ ing the immense prestige of Washington and appealing to their colleagues' spirit of American nationalism, citing, in the words of the first British minister to the United States, the "language, which I had held, in regard to the presentation of my credentials—the probability of being degraded in the eyes of the European nations from the rejection of a system of communication with them—the danger resulting from the manifestation of a con­ trariety of sentiment subsisting between the President and the other branch of the executive government upon a public ques­ tion of such magnitude—and other con­ siderations of a similar tendency." These arguments, when combined with T J ' s statement to Strong's committee, even­ tually achieved their objective. T h e Sen­ ate confirmed Pinckney and Morris on 12 Jan. 1792, the former without a divi­ sion and the latter by a vote of 16 to 11, and four days later, despite grave reservations on the part of many mem­ bers about the need for his mission, it approved Short's nomination by a vote of 15 to 11. This brought to a close a sharp conflict between the executive and legisla­ tive branches of government which, in the opinion of the British minister, "had the

1792

issue of it been different, might have been productive of consequences highly dan­ gerous to the stability of the present sys­ tem, and to the continuance of the actu­ ally existing administration; although the secrecy which attends the deliberations of the Senate has prevented the knowledge of it from generally transpiring" (George Hammond to Grenville, 9 Jan. 1792, P R O : F O 4/14, D L C photostat; James Monroe to T J , 11 Jan. 1792; T J to James Madison, 12 Jan. 1792; T J to Thomas Pinckney, 17 Jan. 1792; T J to William Short, 28 Jan. 1792; J E P , I , 93-4, 96-8). The controversy over the appointment of these ministers inspired the first sus­ tained Federalist political attack on T J . This attack was launched in the form of three letters to Washington from an anony­ mous Federalist sympathizer in Philadel­ phia, who, to judge from internal evi­ dence, may have been a member of the House of Representatives who was slightly acquainted with T J . T h e author began by criticizing T J for allegedly advising the President not to inform the Senate of his reasons for wanting to dispatch three more ministers to Europe. T J deliber­ ately gave this advice, the author charged, in order to worsen relations between the President and the Senate and thus induce Washington to retire at the end of his first term so as to prepare the way for T J himself to become his successor—an endeavor in which the Secretary of State was assisted by his "cunning little friend," James Madison, and Edmund Randolph, "whose heart is as bad [as T J ' s ] , but his views are more circumscribed." After the Senate had confirmed all three of the Pres­ ident's nominees, T J ' s Federalist critic broadened the grounds of his assault. He warned Washington that T J opposed his military policies with respect to the West­ ern Indians and charged that T J favored abolishing the Senate in favor of a uni­ cameral legislature after the fashion of the most recent French constitution. He compared T J with Cassius, but pointed out that in one respect the comparison was unfair, since Caesar's assassin, unlike T J during his governorship of Virginia, never fled from an enemy. He alleged that T J was an atheist and suggested that he be sent as minister to France

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in place of Gouverneur Morris so that he could no longer trouble the American people with his "Absurd democratical opinions wch are dangerous to the very existence of all Government." And he con­ tended that T J and Madison had estab­ lished the National Gazette to generate public opposition to the wise financial policies of Alexander Hamilton, thereby threatening to sap "the foundations of . . . the United States." In conclusion, T J ' s critic entreated Washington to resist the wiles of his Secretary of State and remain in office for more than one term. Other­ wise, he warned, the nation would fall prey to "a most wicked Faction, chiefly composed of Virginians, but assisted by some other restless ambitious Men" who sought "to destroy Mr. Hamilton, by mak­ ing him odious in the public E y e , to place Mr. Jefferson at the head of the Govern­ ment, to make Mr. Madison prime Min­ ister, to displace the Vice President at the next Election, to lay this Country pros­ trate at the feet of France, to affront and quarrel wth. England, to take advantage of the envy of the ignorant multitude in favor of Democracy, and thus to establish an absolute Tyranny over the minds of the populace by the affectation of a most ten­ der regard to the rights of Man, and a

1792

more popular Government" (Anonymous to Washington, [3 Jan., 20 Jan. and ca. 30 Mch. 1792], D L C : Washington Papers). Despite their curious mixture of fact and fancy, these letters are historically significant because they adumbrate cer­ tain themes—such as T J ' s personal ambi­ tion, atheism, Anglophobia, Francophilia, and record as governor of Virginia—that became staples of Federalist political pro­ paganda during the following decade. Caleb Strong's N O T E to T J has not been found. T J ' s meeting with C O M M I T T E E S O F E A C H H O U S E is described in note to his opinion on the Senate's powers respecting diplomatic appointments, 24 Apr. 1790. David Humphreys explained the C I R C U M ­ S T A N C E S which led the Portuguese gov­ ernment to insist that he receive the grade of minister resident rather than that of chargé d'affaires in his 30 Nov. 1790 let­ ter to T J . Alexander Hamilton was the C H A N N E L through which George Beck­ with received an intimation of American willingness to appoint a minister to Great Britain in return for the appointment of a British minister to the United States (Conversation with Beckwith, 7-12 Aug. 1790, Syrett, Hamilton, vi, 547; see also Gouverneur Morris to Washington, 29 May 1790, Vol. 18: 291).

To George Washington SIR Philadelphia Jan. 4. 1 7 9 2 Having been in conversation to-day with Monsr. Payan, one of the St. Domingo deputies, I took occasion to enquire 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: but that the permission to carry flour, 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 1

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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 have thought it my duty to make. I have the honor to be with the most perfect respect & attachment Sir your most obedt. & most humble servt., T H : JEFFERSON R C ( D N A : R G 59, M L R ) ; at foot of text: "The President of the U.S."; endorsed by Lear. Entry in S J P L reads: " T h : J . to G . W . Letter on commerce with St. Domingo. Table of commerce with France and England corrected." P r C ( D L C ) . T r ( N N C ) . P r C of another T r ( D L C ) ; in clerk's hand except for an interlinear addition by T J (see note below); unsigned. T r ( D N A : R G 59, S D C ) . The 9 May 1789 ordinance of the governor of Saint-Domingue authorizing the importation of flour from the United

States and the 2 July 1789 arrêt of the French Council of State revoking this ordinance are in J . Saintoyant, La colonisation Française pendant la révolution, 2 vols. (Paris, 1930), i, 452-3. TJ's N O T E S and T A B L E on commerce are enclosed in his 23 Dec. 1791 letter to the President. See also Hamilton to T J , 1 Jan. 1792. 1

"to the three usual ports" interlined at this point in P r C of another T r (see note above); T r in N N C , in the same clerk's hand, contains these additional five words.

From Alexander Donald D E A R SIR London 5th: Jany. 1792 Since writing you yesterday, it has occurred to me that as your National Bank has now come into opperation that it will require a House of Credit and Respectability to transact business for it in this place, and upon that Idea I have taken the Liberty of mentioning to you, and Mr. Hamilton, that Donald & Burton will be very happy in being appointed as Agents for the Bank in this place, and altho the usual commission on such business is half a ^ Cent for paying, and the same for receiving all monies, we will in consideration of the magnitude of the business, accept of one quarter Cent. Knowing as I do from experience the certainty and warmth of your Friendship, I know it is sufficient for me to mention my wishes.—I remain with great esteem Dear Sir your faithful & Humbe: Servt., A DONALD R C ( D L C ) ; in clerk's hand, except for signature; at head of text: "Duple."; endorsed by T J as received 27 May 1792 but not recorded in S J L . Donald's original letter of 5 Jan. 1792 is recorded in S J L as received 28 Mch. 1792 but has not been found and was probably forwarded to Hamilton as stated in T J to Donald of

8 June 1792. Donald's letter of Y E S T E R D A Y was that of 3 Jan. 1791. T h e letter to M R . H A M I L T O N in which Donald suggested that his mercantile firm act as the London agent of the Bank of the United States has not been found.

[25]

To William Short D E A R SIR

Philadelphia Jan. 5. 1792.

My last to you was of Nov. 24. since which I have recieved your Nos. 76. 77. and 81. to 87. inclusive. Your letter of Oct. 6. with your account to June 1791. is not yet arrived, nor the box mentioned in your No. 84. The Memorial of the crew of the Indian shall be sent to the Governor of South Carolina. In a former letter I informed you that two balanciers would suffice for us, which will have served as an answer to that part of your late letters on the same subject. With respect to the Assayer it will be better to refer taking any measures till the bill for establishing a mint, which is now before the legislature, shall have passed. We have been in expectation for some time that some overture would have been made to us from the court of France on the subject of the treaty of commerce recommended by the national assembly to be entered into between the two nations. The Executive of ours are perfectly disposed to meet such overtures, and to concur in giving them effect on the most liberal principles. This sentiment you may freely express to the Minister for foreign affairs. We receive with deep regret daily information of the progress of insurrection and devastation in St. Domingo. Nothing indicates as yet that the evil is at it's height, and the materials as yet untouched, but open to conflagration, are immense. The newspapers heretofore sent you, and those now sent will have informed you of a very bloody action we have had with the Northern Indians, in which our army was defeated. This imposes the necessity of stronger preparations than were before thought requisite. Some communications from the court of Madrid having been lately, for the first time, made to us, these shall be the subject of a separate letter. You mention some failures in the reciept of the journals of Congress and other public papers. I trust always to Mr. Remsen to make them up from time to time, and I can answer for his punctuality. I send you his statement of those which have been sent, so that the failure has probably arisen from the inexactitude of those to whom they have been confided. At present we watch for vessels bound to Havre whereby to send them. You will receive some by le jeune Eole, which sails from hence for that port next week. I am not certain whether this letter will

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go by the same conveyance, or by the English packet.—I am with the highest esteem & attachment Your affectionate humble servt, TH:

JEFFERSON

R C ( D L C : Short Papers). P r C ( D L C ) . F C ( D N A : R G 59, D C I ) .

To J. P. P. Derieux SIR Philadelphia Jan. 6. 1792. Your favor of Nov. 15. was a month in getting to me. Since my reciept of it, I have taken such opportunities as my business and 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: and 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, and therefore always hoped in that line are so far beyond any interest which an individual can give, that all their money and 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 20. per cent per annum. Agriculture, commerce, and every thing useful must be neglected, when the useless employment of money is so much more lucrative. DEAR

I inclose you a letter from Mr. Mazzei, open as it came to me. Finding that you could not recieve your legacy till a certificate of your being alive at the time of the testator's death should be sent there, I have undertaken to certify your life as on the 11th of Octob. last, under the seal of my office, which I have inclosed to Mr. Short to be delivered to Mde. Bellanger 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, and let it be certified under the seal of the commonwealth that he is a magistrate duly qualified. I enclose you a copy of the certificate I have sent. I have said nothing to Mr. Mazzei on this subject.—Be pleased to present my compliments to Mde. de Rieux & accept yourself

[27]

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assurances of the esteem with which I am, Dear Sir Your most obedt. & most humble servt, T H : JEFFERSON PrC (DLC). The L E T T E R from Mazzei had come in Mazzei to T J , 3 Sep. 1791, which has not been found (see T J to Mazzei, 7

Jan. 1792). T J sent the verification of Derieux's U F E in his letter to Short of 7 Jan. 1792.

From Van Staphorst & Hubbard SIR Amsterdam 6 January 1792. We are honored with your respected favor of 24. Novbr, remitting us Mordecai Lewis's Bill on William & Jan Willink for / 8 0 0 , Which together with the Sums remitted us for your private Account by Mr. Short and Mr. Grand, are to your Credit in the inclosed abstract of your Account Current, The Balance whereon Hd. Cy. f3116.18. We hold Subject to your disposal.—Ever happy to be able to render you any useful or agreeable Offices, We are with the highest Esteem and Respect Sir Your most obedient and very humble servts., N. & J . Van Staphorst & Hubbard R C ( D L C ) ; endorsed by T J as 10 Apr. 1792 and so recorded entry reads: "privte. [3116.18 Dupl (same); endorsed by T J as

received in S J L ; cunt.]". received

13 June 1792. Enclosed abstract and T J ' s letter of 24 Nov. 1791 have not been found.

To Pierre Charles L'Enfant Saturday. Jan. 7. 92. presents his compliments to Majr. Lenfant and is sorry to have been absent when he was so kind as to call on him, as he wishes to have some conversation with him on the subject of the federal city. He asks the favor of him to come and take a private dinner with him tomorrow at half after three which may afford time and opportunity for the purpose. TH:

JEFFERSON

R C ( D L C : Digges-L'Enfant-Morgan Papers). Not recorded in S J L .

This invitation is discussed in Editorial Note on fixing the seat of government, at 1 Apr. 1791 (Vol. 20: 61).

[28]

To Philip Mazzei D E A R SIR Philadelphia Jan. 7. 1792. My last to you was of the 2d. of August: since which I have recieved yours of June 4. and Sep. 3. The letter to M . de Rieux, inclosed in the last, has been forwarded, and you may be assured of every aid of counsel I can give him. His own dispositions are good and prudent, and his industry exemplary.—I spoke with Mr. Madison yesterday on Dohrman's affair. Nothing new has arisen on it since my last, so that he thinks you may count on it as very well but distantly secured.—I sold Colle, when last in Virginia, to a Mr. Thomas. He took both that and the part bought of Carter. I was made very happy by being able to get £ 2 5 0 . for it, when I really had not expected more than £ 1 0 0 . You can have no conception of the ruinous state in which it is. He has credit till Octob. next, but as I knew he was not to be depended on, I took a security as solid as can be desired, C . L . Lewis my brother in law. I gave both of them notice at the time that if the money was not paid at the day I should sue them: and I expected at the time I should have to sue, which will force a credit of another year. Still I thought it worth while to submit to that to get so advanced a price. C . L . Lewis is becoming one of our wealthiest people.—As I never go to Richmond, I am unable to say any thing to you as to your possessions there. I hope the person in whose hands you left them will take care of them. If they can be kept from ruin they must rise in value from what a whim had some time ago reduced property to in that part of the town. As I shall of course have an account with you whenever Colle is paid for, the little balance remaining between us may make a part of that. Anthony's claim will be to be deducted from the amount. I have hitherto prevented his suing, and shall in any event have it settled without that expence. I hope I shall be able to moderate it. M Y

Your friends here are all well. I do not hear at all from Mr. and Mrs. Bellini. Mr. Blair is rendered wretched by the loss of his only son: Doctr. Gilmer by that of his eldest, whom he had sent to Edinburgh for his education, and came back in a consumption. My younger daughter is with me here; the elder, with my son in law, at Monticello. He has bought Edgehill of his father and will settle on it. Monroe lives adjoining to Charlottesville. Colo. Carter is shipwrecked in his fortune. It is thought he must sell all his lands. But all this must be to you like the dreams of the world to come: so I will finish with what is very real, the sincere esteem and attachment of Dear Sir Your affectionate friend & sert, T H : JEFFERSON [29]

7 JANUARY RC ( D L C : Miscellaneous Manu­ scripts); addressed: "A Monsieur Mon­ sieur Mazzei à Paris"; with notes on verso by Mazzei in Italian dated 18 Nov. 1793 and summarizing the contents of his letters to T J of 11 Feb. and 19 May 1793 (both missing), for which see Mazzei to T J , 18 Nov. 1793. P r C ( M H i ) . Mazzei's letters to T J of 4 June 1791 (recorded by T J in S J L as received 10 Aug. 1791) and 3 Sep. 1791 (recorded by T J in S J L as received 15 Dec. 1791) have not been found.

1792

T h e sale of C O L L E , Mazzei's 192 acre Albemarle County farm, as well as the adjoining 281 acres to John T H O M A S , did in fact result in a suit for payment (Bear and Stanton, Memorandum Books, 8 Mch. 1796, n. 48). T h e price paid in Oct. 1791 was far in excess of previous offers for the neglected property (see Jefferson's Diary of Philip Mazzei's Affairs, enclosed in T J to Mazzei, 5 Apr. 1790).

To William Short SIR Philadelphia Jan. 7. 1792. Being much interested for the welfare of Mr. De Rieux my neigh­ bor, and nephew of Made. Beilanger, for his excellent qualities, and the very streightened circumstances under which he labours with a numerous family of children, and perceiving that he cannot receive a legacy of 15,000.* in France till a certificate shall be produced of his having been alive at the time of the death of the testator, I have thought it might remove the difficulty were I to certify under the seal of my office that he was alive on the 11th. of Oct. last, when I saw him, and which I know was posterior to the death of the testator. Had I waited to send on the notice to him at Charlottesville, and to get an answer, it would have occasioned a delay of two months more which would lengthen his distresses. Be so good as to deliver the inclosed certifi­ cate of life, with his power of Attorney to Mr. Plumard of Nantes, his uncle, to Madame Beilanger, who will do therein what is best for him and with most dispatch. Assure her at the same time of my great respect and esteem, and how much my attachment to her nephew is increased by my acquaintance with him. I cannot write to her, because I have entirely lost the little habit I had of writing French. Adieu, my dear Sir, Your's affectionately, T H : J E F F E R S O N D E A R

R C (ViW); at head of text: "Private"; endorsed by Short as received 18 Feb. 1792. P r C ( D L C ) . Recorded in S J L under 6 Jan. 1792. Enclosures not found.

From J. P. P. Derieux Charlottesville, 8 Jan. 1792. Last November he sent T J a packet of letters for Mme. Bellanger and acknowledged receipt of a letter from her which T J [30]

8 JANUARY

1792

enclosed in his letter to him of 25 Oct.—Since that time he has been hoping for a response to his request for help in obtaining a loan of 4,000 livres while awaiting the 15,000 of the bequest he is expecting.—The news since TJ's letter of 25 Oct. suggests the affairs of France have solidly improved. He hopes the assignat will be at value and that he will lose none of his 15,000* through exchange. [P.S.] He encloses a letter for forwarding to France. R C (MHi); 3 p.; in French; endorsed by T J as received 19 Jan. 1792 and so recorded in S J L .

To Francis Eppes Philadelphia Jan. 8. 1792. Finding a moment of leisure to take up my private correspondencies, I am to answer your letter of Oct. 24. reed. Nov. 27. and not fully answered in mine written since that. On consultation with Jack, he is of opinion that 300 Dollars a year will do for him here. I rely the more on his judgment because I have seen no disposition to useless expence in him. I have always put his money in the bank for him, that it may be safe and ready for his wants, but I placed it in my own name that he might be obliged to apply to me for orders as he had occasion for money. This I knew would be some check, if any should be necessary: but he has drawn it in such moderate sums as never to render it even expedient that I should ask him what it is for. I send you a statement of his account at the bank which will shew what I say, and I shall go on with him in the same way. To the sum of 300. dollars I would recommend the addition of 100. dollars annually more for books. I propose to write to Europe for that amount in March, in order that they may come during the summer, and escape the damage always attending a winter passage. I have received from Dobson a very intemperate and unjust letter. His character alone has induced me to return him a dispassionate answer. I had asked from him a statement of all the payments made him on my account. He refused the trouble saying he had furnished you with one, and this is the politest passage of his letter. You gave me on my arrival in Virginia a statement from him of what had been then paid him, calculated at Compound interest, not as a demand to be so allowed, but to shew he would be willing I should allow it. There have been some payments made him since, of which I have no account, and particularly at what rate of exchange the several paiments have been credited. I wish also to know what paiments have been made by Bannister's administrator. For all this I must trouble you. I have heard M Y DEAR SIR

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1792

nothing yet from Mr. Lewis as to the event of my sale. I had hoped there might be some ready money received at it, and had directed it to be paid to Dobson in aid of other resources for satisfying his demand. Jack is well and proceeding well. Maria wrote to her aunt yesterday, under cover to Mr. Hylton. Present me to her in the most affectionate terms and beleieve me to be dear Sir Your sincere friend & humble servt, T H : JEFFERSON R C ( D L C ) ; addressed: "Francis Eppes esquire at Eppington Chesterfeild. By the Richmond post"; franked; postmarked: "10 I A " and " F R E E . " P r C ( C S m H ) ; lacks enclosure. Enclosure: headed: " J . W. Eppes in account with T h : Jefferson at the bank"; the credit column shows that on 20 Apr. 1791 T J deposited $100, on 12 Nov. 1791 another $200 "By bill on Walker & co.," and on 27 Nov. 1791

$66.66 "By my debt to Mr. Eppes for a Jenny bought for me," totalling $366.66. Against this from 20 June 1791 to 4 Jan. 1792 T J drew orders in sums from $5 to $30 and, during his absence in Vir­ ginia, Remsen paid $50, the expenses in the six-month period totalling $222, leav­ ing a balance in the bank of $144.66 ( M S in D L C ; P r C in M H i ) .

To Daniel L. Hylton SIR Philadelphia Jan. 8. 1792. Having occasion to remit the inclosed bill to Mr. Randolph, my son in law, and unwilling to trust it to the post between Richmond and Charlottesville, I take the liberty of depositing it in your hands, and of asking the favor of you to hold it till Mr. Randolph either calls for it, or gives an order. I have given him notice of this.—Your favor of Dec. 22. is come safe to hand. If there be but two hogsheads more of my tobo, of 1790 it falls short two, if not four hogsheads, of what Mr. Lewis had supposed in his information to me.—Present my best respects and those of Maria to Mrs. Hylton, to whose care Maria recommends the inclosed letter to her aunt.—I am with great esteem Dear Sir Your friend & servt, T H : JEFFERSON DEAR

P r C (MHi).

To Thomas Mann Randolph, Jr. SIR Philadelphia Jan. 8. 1792. I wrote you on the 1st. inst. since which your favor of the 29th. Dec. is come to hand. I had before received a letter from Mr. Forster on the subject of leasing Elkhill for a term of years. But as, in order to DEAR

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JANUARY

1792

pay off Mr. Wayles's debt to Farrell & Jones, I must part with some property, and I can spare this more conveniently than any other, it would not be prudent for me to put it out of my power by a lease. If I cannot get the price which I beleived it to be worth, on what I thought good information, I must reduce the price to whatever it may be truly worth. If any good tenant would go on it, taking it from year to year, I should be glad of it: and will therefore be glad if yourself and Mr. Lewis will consult together and let any body you think proper have it for the year. I said nothing to Mr. Lewis about it, because I did not know the former tenant would leave it.—I am very anxious to recieve from Mr. Lewis an account of the Bedford sale, to wit, a list of the prices and purchasers of each negro, and whether any and how much ready money was recieved. I have inclosed to Mr. Hylton by this post a bank note for 116. Doll. 67 cents payable to yourself, equal to £35. for Mr. Love's horse. This will be exchanged for specie by the Collector of the customs at Richmond, on your written order. I thought it safer to deposit it in Mr. Hylton's hands, subject to your order, than to trust it to any conveyance between Richmond and Charlottesville. The horse turns out admirably.—Present my love to my dear Martha & believe me to be, my dear Sir Your's very affectionately, T H : JEFFERSON R C ( D L C ) ; addressed: "Thomas M . Randolph junr. esq. Monticello. By the Richmond post"; franked. P r C (MHi). Randolph's letter of 29 Dec. 1791 was recorded in S J L as received 7 Jan. 1792,

but has not been found. F O R S T E R ' S letter: Nicholas Forster to T J , 28 Dec. 1791.

From Hasting Marks SlR

Fort Washington J a n y 10th. 1792

I feel happy in the opportunity of expressing to you my sense of the obligations I am under to you for your kind intercessions with the President of the United States for my advancement in military life. Sensible Sir of my want of Tactical Knowledge I can only promise that the most studious exertions shall bemused by me to supply that want. I conceive Sir the army to be the School of Honour. To act consistent with that idea shall be my endeavour.—My distance from the Seat of Congress prevented my exactly Knowing the time when the Gentleman whose place I now fill was promoted—nor did I until a few days past, conceive the Knowledge necessary, but some hints being thrown out of a dispute of rank taking place, I am induced to request you will add to the Obligations already conferred upon me, by making [33]

10

JANUARY

1792

enquiry of the Secy, of War of the Period when Ensign Heath was promoted. I am conscious Sir, I am calling your attention from matters of greater moment. I shall however be ever ready, to acknowledge with gratitude the favour and am with the greatest respect and Esteem Sir Your Obedient Hbl Servt., HASTING MARKS R C ( D L C ) ; endorsed by Remsen as received 27 Feb. 1792 and so recorded in SJL. T J ' s I N T E R C E S S I O N S for Marks no doubt resulted in his appointment as ensign of the First Regiment in Oct. 1791, in place of John Heth, who had been promoted to lieutenant of the Second Regiment ( J E P , I , 86, 88). See T J to Henry Knox, 24 Nov. 1790, and T J to Marks, 12 Mch. 1792. Contrary to what is stated in a note to the former letter, however, this Hast­ ing Marks was not T J ' s brother-in-law

(Volume 18: 69). It is most likely that he was a nephew of Hastings Marks, hus­ band of T J ' s sister Anna (or Nancy). His clear signature indicates he used the name "Hasting," but it is not unusual to find T J thinking of him as "Hastings" when mentioning him or writing to him. More­ over, his reference to him as "Hastings Marks junr." in the 24 Nov. 1790 letter to Henry Knox is explained by the cus­ tom in Virginia of referring to younger family members with the same name as "junior" even when they were not sons of their namesakes.

Report on Appointment of Consul at Copenhagen The Secretary of State having received information that the Mer­ chants and Merchandize of the United States are subject in Copen­ hagen 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 parts 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 [34]

11

J A N U A R Y 1792

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. T H : JEFFERSON Jan. 10. 1792. P r C ( D L C ) ; in Remsen's hand, except for signature and date; entry in S J P L : "Consul to Denmark." T r ( D L C : Wash­ ington Papers); text incorporated in Washington's message to the Senate, dated 6 Mch. 1792, and prefaced with these words: "Gentlemen of the Senate—I lay before you the following Report which has been submitted to me by the Secre­ tary of State"; this message is followed by another to the Senate of the same date nominating "Hans Rudolph Saaby, a Danish subject and Merchant of Copen­ hagen to be Consul for the United States of America for the Port of Copenhagen" (Fitzpatrick, Writings, xxxi, 496). Information on commerce with Den­ mark came to T J from Benjamin Peirce of Newport, R . I . , and others, in the form of extracts of letters and tables of duties. One of those from Peirce contained the following on S A A B Y E :

"He is pos­

sessed of great commercial abilities and integrity, indeed he is the first mercan­ tile character I ever Knew and at the head of the first commercial house in the

Kingdom. I believe he would Accept of the appointment of Consul General in the North of Europe, who will naturally reside at Copenhagen; I have tack'd Gen­ eral to the Consular Appointment think­ ing it may charm a german who, I am cer­ tain if he accepts, will be of Infinite Ser­ vice to the Commercial Interest of Amer­ ica" (undated M S in D L C : T J Papers, 236: 42319-22; endorsed by T J : "Den­ mark Pierce's informn."). In a letter writ­ ten from Copenhagen on 15 Aug. 1789 and addressed to "His Excellency General Washington President and the Deputies of the united States of North Ameri­ ca," Saabye had solicited an appoint­ ment as "Consul-General in the king of Denmark's Dominions," citing as qual­ ifications his "very intimate Connection with several Gentlemen merchants in the united states," the high repute in which his mercantile firm was held, and his "Zeal for the Interest of Your Nation" ( D L C : Washington Papers). T h e Sen­ ate approved Washington's nomination of Saabye the day after receiving it ( J E P , I , 100-1, 105).

From James Monroe SIR Thursday [i.e. Wednesday] 9-oclock Jany. [11]-1792 You will have heard that upon the discussion of G.M.'s merits, the foreign business was postponed untili tomorrow, nothing having been done respecting the Hague. The order of proceeding required that a similar question shod, have been taken respecting that court that had been as to the others. But owing I presume to the friends of the gentn. in nomination for it, being in opposition to the system, it was impossible it shod, proceed from them and the friends of the others being gratified in opening the door for them, were regardless of any other object. T i s important for Mr. S . that the question shod, be previously taken, and I can devise no means of accomplishing it, so effecatious as your communicating it to Mr. Hawkins, either personally or thro Mr. Madison and as soon as possible. DEAR

[35]

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JANUARY

1792

The communication respecting the Missisippi, after adjournment, led to a conversation, introduced by Mr. Izard countenanced by my colleague and supported by Cabot, wherein the policy of opening it was strongly reprehended. The arguments in its favor were those of a quondam party; but the ill-success of the military operations have given them new force. As I presume you have heard what passed in the other business and shall omit any thing further at present. Yrs. affectionately, JAS. MONROE R C ( D L C : Rives Papers); that Monroe erred in the day of the week and that the letter was written on the evening of 11 Jan. 1792 is proved both by T J ' s covering letter to Madison of 12 Jan. 1792 and by proceedings in the Senate on the 11th postponing consideration of nominations to foreign courts and taking up T J ' s report of 22 Dec. 1791 ( J S , i, 95). Not recorded in S J L . Richard Henry Lee was the

COLLEAGUE

of Monroe who shared the belief of Ralph Izard of South Carolina and George Cabot of Massachusetts that the Missis­ sippi should not be opened to navigation by Americans (see Lee to Washington, 15 July 1787, in Burnett, Letters of Members, vin, 620-1). T h e C O M M U N I C A T I O N that raised the issue was Washington's nomi­ nation of Short and William Carmichael as joint commissioners to settle the Mis­ sissippi question with the Spanish govern­ ment ( J E P , I , 95-6).

From John Page SIR Philada. Jany. the 11th. 1792. I mentioned when I last saw you the Scarcity of Money in Virga. my Disappointments there in Collections of Debts, and in new Sales, but then hoped that the Sacrifices I was making there, would gain me Credit for my Punctuality and that my Creditors would not disturb me here. I hoped that the Sale of my 1/4 of a Share in the Dismall Swamp Co. and 500 Acres, adjoining the Company's 40000 Acres, which I have, and the Mill which I bought of my Nephew L . Burwell for £ 9 0 0 , which must be sold early next Month under the Deed of Trust to pay J . Jamieson £ 6 8 8 would raise a Surplus sufficient to take up the two Bills which I drew to pay for Captn. Lilly at New-York and which by the heavy Damages there and 7 pr. Ct. Intt. amount to about 630 Dollars. But the Bill holders are so impatient as to press on my Indorser, threatening him with a Suit, which has harried him here, where he has harrassed me several Days. On his first Arrival I applyed to Mr. Jms. Brown of Richmond Mr. Donald's Agent who happened to be here on his way to New-York to take my 13 Hhds of Tobo, which are at New-York sent there for the Purpose of taking up these Bills, and seven other Hhds at Rosewell, which if the 13 would DEAR

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1792

command a tolerable Price were to be sent there also and to indorse my Bill for the Amt. of the Bills which are protested. This he readily agreed to do, but being informed that a Mr. Few of this City will give a Guinea pr. hundd. for such Tobo. Brown as my Friend insists that I ought not to make such a Sacrifice as I should by drawing, since Tobo, does not sell in London for half as much as Mr. Few talks of giving for it here, that therefore he will not indorse the Bills till he has been to New-York and seen my Tobo, and can know whether I cannot negotiate this Business in some other way. Mr. Nicholson the Indorser is not willing to wait for his Return. I have therefore to request that you will pass with me our joint Notes of the Bank of North America for the Sum of 630 Dollars which I propose to take up by a Loan from the Bank of the U . States which would gain me time to look out for Money due to me, or to raise it by Sales. In the mean Time to secure you against the Accident of my Death, I propose to give you my Bond for the 630 Dollars. I pledge myself if I live you shall not be called on, and if I die my Son shall not suffer you to pay the Bank. I thank God even at the low Rates at which my Property has been selling I can pay every Debt which can possibly be demanded of me and reserve Rosewell and about 70 Negros.—I am dear Sir yrs., JOHN

PAGE

I have avoided applying to a Member of Congress that I may remain as free as possible from any Influence which an Obligation might have or be supposed to have on my Votes. J . P. R C (MHi); endorsed by T J as received 11 Jan. 1792 and so recorded in S J L .

To James Madison T h : J . to J . M . Thursday morning. [12 Jan. 1792] I received the inclosed late last night, and it is not in my power to see Mr. H . this morning. If you can with satisfaction to yourself broach to him what Monroe proposes, well, if not, it must take it's chance. R C ( D L C : Madison Papers); addressed: "Mr. Madison"; when Madison received the letter back from T J late in life, he added the following to "Thursday

morning": "Jany. 12. 1792" and wrote "Hawkins" above M R . H . Not recorded in S J L . Enclosure: Monroe to T J , [11] Jan. 1792.

[37]

To John Page Philadelphia Jan. 12. 1792 Your letter with several others was put into my hands just as com­ pany was coming in to dinner yesterday, and it was not till late in the evening that I was free to open them, or I should not have deferred the answer till this morning.—I will certainly join you in the note you desire, but at the same time must ingenuously say that were the payment to fall on me, it would be impossible for me to make it, and consequently I should be liable to a process which would distress me in the extreme. I have not a single resource here in such an event, nor a single acquaintance to whom I could turn. But your word that I shall not be called on is satisfactory and sacred to me, and renders all paper obligation unnecessary. I am unacquainted with the opera­ tion you propose, but I suppose you will first have informed yourself that the bank would consider my becoming responsible as sufficient to induce their advance. I shall be at your orders on this subject being with sincere and eternal affection my dear Sir your friend & servt., M Y DEAR SIR

TH:

JEFFERSON

P r C (MHi).

From John Page M Y DEAR SIR

T h u r s d y . M o r n g . J a n y . 13th. [i.e. 1 2 t h ] 1 7 9 2

I am infinitely obliged to you and do promise on my sacred word that you shall not be called at the Bank for before the Note can be demanded I will either pay the Money out of my own, or by a Loan at the other Bank, which I will negotiate with some other Person, and in Case of my Death I have the Promise of Mrs. Page who shall be able to fulfill it, that it shall be paid as punctually as if I were alive. I shall also write to my Son to enable me to comply with my Engagements, and to my Brother for a Letter of Credit to some of his Friends here in Case I can not get Remittances from Virga. I can only add that I am your much obliged Friend, JOHN PAGE R C (MHi); endorsed by T J as received 12 Jan. 1792 and so recorded in S J L , where the erroneous date of Page's letter is recorded without correction.

[38]

From John Page Philada. Jany. the 13th. [i.e. 12th] 1792 The inclosed is such a Note, as with your Name on the Back of it (generally written across) will answer my Purpose and shall be no Inconvenience to you. I have now only Time to add that you have greatly obliged & relieved the Feelings of your Friend,

M Y DEAR SIR

JOHN

R C ( M H i ) ; endorsed by T J as received 12 Jan. 1792 and so recorded in S J L . Appended on separate sheet is a copy of the enclosed note entirely in T J ' s hand reading: "Philadelphia Jan. 13. 1792.— Sixty days after date I promise to pay to Thos. Jefferson Secy of State or to his

PAGE

order 630. Dollars at the bank of North America being for value received. John Page"; at the bottom of this note T J added: "The above is a copy of a note I endorsed for Mr. Page to enable him to receive the money, for which consequently I am security to the bank" ( N in M H i ) .

To Charles Pinckney SIR Philadelphia Jany. 12. 1792. I have the honor to inclose to your Excellency a petition from certain persons in France urging claims against the state of South Carolina for services performed on board the Indian frigate; which was transmit­ ted to me by our Chargé des affaires at the court of France.—I am with sentiments of the most profound respect Your Excellency's Most obedt. & most humble servt., T H : JEFFERSON P r C ( D L C ) ; at foot of text: " H . E . Govr. Pinckney." F C ( D N A : R G 360, D L ) . T J first sent the petition to the two senators of South Carolina on 2 Jan. 1792 ( P r C in D L C ; F C in D N A : R G 360, D L ) , who advised him to forward it to Pinckney (Pierce Butler and Ralph Izard to T J , 4 Jan. 1792, R C in D N A : R G 59, M L R ; endorsed by T J as received 9 Jan. 1792 and so recorded in S J L ) . Enclosure not found. The case of the frigate VIndien involved a tangle of claims by certain French mariners and marines on the state of South Carolina that originated in the clos­ ing phase of the Revolutionary War and took almost three-quarters of a century to settle. In 1780 the Chevalier de Lux­ embourg induced Louis X V I to grant him the use of Llndien for three years.

Luxembourg then signed a contract with Alexander Gillon, the commodore of the South Carolina Navy who had been dis­ patched to France to purchase frigates and war supplies for South Carolina. This agreement gave Gillon use of Llndien for three years, and specified that Lux­ embourg would share in proceeds from any prizes taken by the frigate, and that South Carolina would pay him 300,000* if the frigate was captured by the enemy. L'Indien, renamed the South Carolina by Gillon, captured and disposed of at least two prizes before being taken by three British men-of-war in 1782. Luxembourg thereupon pressed his claims on South Carolina for the money to which he was entitled, and certain members of the pre­ dominantly French crew sought payment from Luxembourg of the wages and prize money they were owed. T h e crewmen

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obtained judgment against Luxembourg in French courts, but then turned to South Carolina for redress after the chevalier died intestate in 1790. T h e claims they made for compensation were not finally settled till 1854 ( D . E . H . Smith, "Commodore Alexander Gillon and the Frigate South

1792

Carolina," South Carolina Historical and Genealogical Magazine, ix [1908], 189219; D . E . H . Smith, "The Luxembourg Claims," same, x [1909], 92-115). T J first became familiar with this matter dur­ ing his mission to France (Mayeux to T J , 9 Apr. 1787).

To John Witherspoon SIR Philadelphia [12 Jan.] 1792. The bearer hereof, Mr. Bennet Taylor, a young gentleman from Virginia, goes on to your seminary for the prosecution of his studies. Being recommended to me by a good friend of mine, I feel an interest in his success, and therefore take the liberty of naming him particu­ larly to you. His principal objects will be mathematics and Natural philosophy. Rhetoric also, I presume is taught with you, and will be proper for him as destined for the bar. As he has no time to spare, I have mentioned to him that I thought he might undertake the subject of Moral philosophy in his chamber, at leisure hours, and from books, without attending lectures or exercises in that branch. Your patronage of this young gentleman will oblige Dear Sir Your most obedt. & most humble servt, T H : JEFFERSON DEAR

P r C (MHi). Bennett Taylor, the son of John Taylor, a Southampton County tax commissioner, received an A . B . from the College of New Jersey in 1793 (General Catalogue of

Princeton University 1746-1906 [Princeton, 1908], p. 108). William Hay was the F R I E N D who recommended Taylor to T J (Hay to T J , 3 Jan. 1792).

From Alexander Hamilton SIR Treasury Department January 13. 1792. In a conference with you, some time ago, I took occasion to mention the detention of the certificate of registry of a vessel of the United States in one of the French offices on occasion of a sale of the vessel. Several new instances having since occurred, I find it necessary to trouble you more particularly upon the subject. As the detention of these papers has taken place, as well in a port of France as in those of the colonies, it will require notice both in the home and in the colonial department. [40]

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The instrument in contemplation is of manifest importance to the navigation of the United States, and the legislature has therefore ordained that a heavy penalty shall follow the return of a master of a vessel to th[is coun]try, who shall fail within eight days to surren­ der the certificate of registry belonging to a vessel lately under his command, which shall have been shipwrecked or sold abroad. The payment of this penalty, in the event of its being incurred, is secured by an obligation taken at the granting of the certificate, and some of those bonds are now in a situation, wherein the la[w] requires them to be put in suit. The plea of detention by a foreign power, when­ ever it can be truly made, renders the penalty a hardship, and I am persuaded will recommend the measures necessary to prevent such inconveniences to your early attention.—I have the honor to be Sir Your obedt. S[ervan]t, ALEXANDER [HAMILTON] R C ( D N A : R G 59, M L R ) ; at foot of text: "The honorable The Secre­ tary of State"; addressed: "The Honor­ able Thomas Jefferson E s q . Secretary of State"; in clerk's hand, except for signa­ ture; mutilated, so that parts of signa­ ture and of some words are lost; endorsed by T J as received 13 Jan. 1792 and so

recorded in S J L ; also endorsed by clerk as "received same day." The H E A V Y P E N A L T Y was levied by the "Act for Registering and Clearing Ves­ sels," which was passed in 1789 (Annals, H , 2218-35).

From George Washington Friday Morning [13 Jan. 1792] The P. begs that Mr. J — and Mr. Ma— would give the enclosed letters from the Commrs. an attentive perusal, and the whole of that business a serious consideration before nine oclock tomorrow morning, at which hour the P— would be glad to converse with them on the subject. R C ( D L C ) ; addressed: "Mr. Jefferson"; endorsed by T J as received 14 Jan. 1792 and recorded in S J P L . Enclosures: Commissioners to Washington, 7 and 9 Jan.

1792, regarding L'Enfant and Roberdeau ( D L C : Washington Papers). This letter was incorrectly cited as 14 Jan. 1792 in Vol. 20: 52 n. 142 and 60 n. 170.

From Richard Peters SIR Philada. Jany. 14th. I waited on you in Consequence of percieving that I am appointed District Judge for this District. Not knowing what is the proper DEAR

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Channel thro' which I am either to be informed officially or to whom I must make my Intentions known I wished your advice as a Friend. It is a sudden Thing and the Members of the Senate wish me to stay with them as long as I can. I therefore wished to delay my Acceptance or at least the Reciept of the Commission until the Gentlemen who regret my leaving them have a little Time to look about them. Let me know, my dear Sir, how this Matter is to be managed and [if] it be proper to do it thro' you, adjust the Business for me.—Yours with Sincere Esteem, RICHARD PETERS R C ( D N A : R G 59, M L R ) ; endorsed by T J as received 14 Jan. 1792 and so recorded in S J L ; slightly mutilated, so that one word has been lost. T J transmitted Peters' commission "as Judge of the District Court in and for Pennsylvania District" with a brief cover­ ing letter on 12 Jan 1792 ( F C in D N A : R G 360, D L ) . This was the day prior to

the Senate's approval of the appointment ( J E P , I , 97; Tobias Lear to T J , 13 Jan. 1792, P r C in D N A : R G 59, M L R ; F C in D N A : R G 59, S D C ) . Peters must have W A I T E D O N T J several days before these events and was requesting aid in delaying the appointment after the fact, which aid T J was able to supply. See Peters to T J , 28 Jan. 1792.

From Jerman Baker SIR Petersburg 15th. Janua: 1792. The liberty I am about to take with you, wou'd call for more than an ordinary appology, were it not that the subject is one which I beleive you have as much at heart as myself: the education of the youth of this Country. About three years ago, in providing a Minister for the Parish in which I live, it occurr'd to me, that his usefulness might be considerably, as well as beneficially extended, if he were qualified to undertake the education of young People, and in this I succeeded to my wish. Mr. Needier Robinson, a younger Son of the late Commissary Robinson, is the Gent: I procured for the Ministry; he has kept a school from his first residence among us, with great credit to himself, and advantage to his pupils; his understanding is good, and his manners correct. The increasing reputation of his school, and with it, an increase in the number of his Pupils, calls for assistance, in those branches of education, to which he cannot attend himself, and as such an assistant is not readily to be met with in this Country, he has requested my aid in procuring one from some other. I have spoke with Colo. Harvie, (who intends to put his Son under the care of Mr. Robinson), he thinks, with me, that Philadelphia may furnish such a Person as is wanted, and that you wou'd have the goodness to assist DEAR

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in our plan, by satisfying yourself of the abilities of any applicant. If an inquiry, in the ordinary way, shou'd not bring to your knowledge a Proper Person, the expence of an advertisment wou'd not be regarded, and I wou'd desire Colo. Davies, who is in Philadelphia, to replace it. As I shall beg leave to refer you to the inclosed Note from Mr. Robinson, for a description of the qualifications we are in search of, I will only add, that the Salary proposed will be 200 Dollars, to a man properly qualified, who has been a teacher before, instead of 150. mentd: in the letter; to be increased, upon the principles laid down therein. The School is kept in the Country, about 8 miles from this place, in Chesterfield County. Mr. Robinson is diligent in his application to the dutys of it, and regular in his rules, and manners; he will expect the same conduct from an assistant: the Pomp and Stuff of our Modern Academys is not affected in this school, where the Solid Advantages of real learning is the object. If you shou'd meet with such a Man, as you think qualified for the Purpose intended, I presume you wou'd think it adviseable, that he shou'd correspond with Mr. Robinson on the subject, or any other mode may be adopted, which you shall find more proper and likely to accomplish the business soon. You will beleive me Sir, when I assure you that I wou'd not have made this trespass upon your time, did I not beleive the Motive for doing it wou'd plead my excuse. The Children of sevferal] of your friends and acquaintances, are already under the [care] of Mr. Robinson, and more are intended. You will have a claim to their acknowledgments for your aid in this business: Mr. Robinson, who is a very respectable character, will contribute his; and you have at all times the good wishes & esteem of Dr. Sir Yr. Mo: Obedt: Hble. Servt:, JERMAN BAKER 1

R C (MHi); addressed: "Thomas Jeffer­ son Esqr. Secretary of State Philadelphia"; slightly mutilated, so that two words are affected; endorsed by T J as received 30 Jan. 1792 and so recorded in S J L ; also endorsed by Edmund Randolph to whom T J sent the letter: "Inclosed for perusal to, and now forwarded by E . R." Baker enclosed a letter from Robinson to him

of 29 Oct. 1791, in which the clergy­ man described the duties of and qualifica­ tions desired in a teaching assistant ( R C in M H i ) . 1

Remainder of sentence written at bot­ tom of page and marked for insertion at this point.

To Alexander Hamilton SIR Philadelphia Jan. 15. 1792. In answer to your favor of the 13th. I have the honor to inform you that the papers delivered to me on the subject of the Register of the [43]

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1792

sloop Polly detained on her being sold at Port au prince, were put into the hands of Mr. Bourne the Consul for the U . S . in St. Domingo, and that he, being now returned from thence, says that he applied several times on the subject to the Governor of the island, who assured him that in the state of trouble in which the island then was, nothing could be done: and Mr. Bourne has returned me the papers. If a like deten­ tion of a register has taken place in France, I am of opinion it will be better to make that, and the colonial one, a subject of explanation at Paris, and will undertake to give the necessary instructions to our Minister there, if you will favor me with the necessary documents rel­ ative to the case in France.—I have the honor to be with great respect Sir Your most obedt. and most humble servt., T H : JEFFERSON P r C ( D L C ) ; at foot of text: "The Sec­ retary of the Treasury." F C ( D N A : R G 360, D L ) .

The circumstances surrounding the case of the sloop Polly are described at length in the enclosures to Hamilton to T J , 20 Apr. 1790.

To Martha Jefferson Randolph Philadelphia Jan. 15. 1792. 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 thro 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 labour, 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. T W 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 from desagremens to which I have been sensible you were exposed, without the power in myself to prevent it, but by my M Y DEAR MARTHA

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own presence. Remember me affectionately to Mr. Randolph and be assured of the tender love of Yours, T H : J E F F E R S O N R C (NNP). P r C ( D L C ) . Randolph's

SETTLEMENT

was his pur-

chase of Edgehill and his intention to move his family there ( T J to Philip Mazzei, 7 Jan. 1792).

From George Washington Sunday Morng. [15 Jan. 1792] The enclosed came to my hands yesterday afternoon.—The docu­ ments respecting the dispute between Majr. L'Enfant an Dan Carroll of D . have been sent for the Attorney Geni, to form his opinion upon the case.—The whole are sent for Mr. J.'s perusal previous to the conversation he proposed to have with Majr. L E . — T h e President has not read the Papers, nor is he in any hurry to do it. R C ( D L C ) ; addressed: "Mr. Jefferson"; endorsed by T J as received 15 Jan. 1792 and recorded in S J P L . Enclosure: Commissioners to Washington, 8 Jan. 1792 (see following letter).

To George Washington Jan. 15. 1792. T h : Jefferson has the honor to return to the President the letters of the Commissioners on their discharge of the workmen &c. in the Federal city. The copy of the Extracts from them for Majr. L'Enfant was not finished till last night, and therefore could not be sent to him till to-day. Consequently the conference with him is put off to tomorrow. T h : J . incloses a copy of his letter to Majr. Lenfant covering them. The letter and papers on the subject of Duddington Carrol's house are likewise returned. They are worthy the perusal of the President. Mr. Peters has desired that his commission may be held back a few days to give time to the Senate to make up their minds about his successor. PrC (DLC). The letters on D I S C H A R G E O F T H E W O R K M E N : Commissioners to Washing­ ton, 7 and 9 Jan. 1792 ( D L C : Washing­ ton Papers), and Commissioners to Val­ entine Baraof, 8 Jan. 1792, and to Isaac

Roberdeau, 9 Jan. 1792 ( D N A : R G 42). The E X T R A C T S for L'Enfant are not found, nor is T J ' s covering letter of 15 Jan. 1792 to L'Enfant (not recorded in S J L or S J P L , but sold as item 80, George C . Thomas Sale, at Freeman's, 18 Nov. 1924). T h e letter on C A R R O L ' S H O U S E :

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Commissioners to Washington, 8 Jan. 1792 ( D N A : R G 42), enclosing memoranda on Carroll's house, L'Enfant's letter,

1792

and Notley Young to Commissioners, 7 Jan. 1792 (same),

From Thomas Barclay Gibraltar, 16 Jan. 1792. Muley Ischem was again proclaimed Emperor in the city of Morocco on 5 Dec. 1791 and he has also been proclaimed head of Ben Assar's army of 30,000 men, part of which is stationed by the sea coast to protect the landing of supplies from Spain. Muley Yezid, who was at Rabat with 10,000 regular troops to whom he had distributed money, announced that he would begin a march to the city of Morocco on 1 Jan. His enemies, though numerous, are not as well disciplined as his troops, "and the name of Emperor, it is supposed, will influence a multitude of followers, when the people see the necessity of attaching themselves to one party or the other."— Muley Yezid's resolution and daring are offset by the executions he has ordered and his intemperate use of liquor, though he did refuse a gift of liquor from the Dutch minister. Muley Ischem has little character and owes his consequence solely to Muley Slema's continued refusal to leave the sanctuary. Abderhaman governs south of the Atlas in peace. The other eleven sons of Sidi Muhammad are quiet spectators and undistinguished. The foreign consuls in Tangier have applied to the Emperor a second time for permission to withdraw from thence. Francis Chiappe is supposed to bring them Muley Yezid's consent, but it now appears that the Basha Fenis will also require Muley Ischem's permission for their departure. The Basha Fenis and Chiappe are both on weak ground but will probably secure themselves no matter which side wins in Morocco. Chiappe was well received in Spain and is supposedly coming to Tangier to escort him to the Emperor.—Letters from Barbary to a friend of his praise his sagacity in delaying his departure to Morocco and predict that Muley Yezid will be a formidable opponent despite the support Muley Ischem has received from Ben Assar. He wrote the enclosed 3 Jan. letter to Geronimo Chiappe and received the enclosed reply. Francis Chiappe's arrival in Tangier "will I expect clear up one doubt, whether the Emperor will renew the peace with any person under the Rank of a Minister, for if we are to judge of what may happen from what has happened, he will not, nor has he hitherto done it in one instance. The British Court was obliged to make M. Matra the Consul General of Morocco, Minister for the express purpose of renewing the Treaty with Muley Yezid. I am persuaded of the propriety of sending Consuls from America to Africa in preferance to Ministers, but whether a disagreement of sentiments between the two nations in this particular, should be so far insisted on as to prevent a Négociation from taking place, is not for me to determine.—I think my present situation a little delicate, because if I proceed to Morocco, possibly the whole business must be done anew. If I do not go, the Emperor may take such offence as will be impossible to remove, in case of his success, during the whole of his reign. He is very lofty minded, and could he be supplied with the Means would rather owe his extortions from Foreign Nations to his power than to négociation. He professes an equal dislike to Jews and Christians, and plumes himself on the surname he has assumed which signifies Mesiah or Sent [46]

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of God."—The next advices from Tangier may be decisive but if not and the Emperor sends for him, he will go if Chiappe and the Basha advise him to do so. From "the other side" he will relay what information he can write down, but he cannot write freely and to use cypher might be dangerous to him. "From the moment in which I shall land in Barbary to that of my leaving it, you will consider me as acting under the will and pleasure of the Ruling Monarch." R C ( D N A : R G 59, C D ) ; 4 p.; at foot of text: "(No. 4). B y way of New York"; endorsed by T J as received 10 Apr. 1792 and so recorded in S J L . At end of text Barclay appended "Extract of a letter writen by me to Geronimo Chi­ appe at Tangier dated the 3d. of Janry. 1792," reading: "I long much to hear from your side of the water and to learn such intelligence as you may think proper to communicate. I wish I knew your Opin­ ion and that of the Governors whether it is better that I should Embark or remain here some time longer to see the Event of the Spanish preparations, as I am certain both of you will be very Candid with me

on this head. I am determined to follow whatever advice you will give.—On this occasion I rely on your prudence, and I desire you will do the same on mine in the fullest manner." Dupl (same); at foot of text: "Duplicate. Original to New York. This with Copy of my letter to Geron­ imo Chiappe and his answer by way of Baltimore"; differs slightly in phraseology from R C . Chiappe's undated reply stated that he could not advise Barclay to come to Morocco until the arrival in Tangier of Francisco Chiappe, who was reportedly dispatched by the Emperor to bring Bar­ clay to court.

From George Washington SIR Monday Evening [16 Jan. 1792] Colo. Hamilton came so late that I could only broach the subject to him. He will breakfast with me at 8 Oclock, at which time If you can make it convenient I should be glad of your Company, after which we will talk the matter over fully. Yrs., G W DEAR

R C ( D L C ) ; addressed: "Mr. Jefferson"; endorsed by T J as received 16 Jan. 1792 and recorded in S J P L , where the entry contains this addition: "Colo. Hamilton."

For the S U B J E C T at issue, see George Washington to the Commissioners of the Federal District, 17 Jan. 1792.

From William Knox Dublin, 17 Jan. 1792. His last letters to T J were those of 19 Apr. and 6 [i.e. 7]th Sep. last, the latter of which acknowledged receipt of TJ's letter of 13 May. The laws passed during thefirsttwo sessions of Congress and the volume of treaties arrived on the 14th instant.—He transmits a report on shipping from various U.S. ports to those of Dublin, Cork, Belfast, Newry, Londonderry, and Limerick for 1791. Although incomplete because most ship captains only call on him and his correspondents when they need assistance, the report shows that almost 100 vessels are annually employed between America and Ireland, [47]

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J A N U A R Y 1792

about three quarters of which are American bottoms. The principal American exports areflaxseed,pot and pearl ashes, and lumber for shipbuilding. Because of high duties, tobacco brought to Ireland is either reshipped to other markets or smuggled into the country on the west or northwest coasts.—Unofficial sources report American trade with the ports of Sligo, Kellibeggs, Donegal, Ballyshawn, and Waterford is much less significant, amounting to no more than six to ten American vessels annually. He hopes Congress will soon autho­ rize him to appoint regular consular agents at those ports. He recurs to a proposal made in his 19 Apr. letter for preventing the impress­ ment of American seamen by the British Navy. American ship captains should obtain a certificate from a proper magistrate attesting that their men are Amer­ ican-born. During the last press captains with such certificates experienced no difficulty with the British, but these were few compared to those with­ out certificates, who were left to the mercy of impress captains. In order to avoid future difficulties, every captain of an American vessel trading with the British dominions should be obliged to have his men obtain proper certificates which should become attached to the manifest of each vessel. Such a certifi­ cate will enable captains, consuls, and vice-consuls to protect American-born sailors against impressment. He recommends, however, that sailors born in the British dominions and residing in the U.S. not serve on vessels trading with British possessions. Gervais Parker Bushe and the Commissioners of the Revenue of Ireland have provided the best recent census of this kingdom. This department determines the number of hearths in Ireland in order to collect the duty called "hearth money." Bushe estimates that the present population is about 4 million, three fourths of whom are Roman Catholics even though some claim that Ireland is between eighty and ninety percent Protestant. Since the revolution, the Catholics "have enjoyed no participation in the Government, nor did they hold long leases of land, until within a few years past; the penal laws still exclude them from Citizenship. Within a few months the Catholics, as if by an electrical impulse, have met i n large bodies, and passed resolutions to

remain no longer in this excluded state. The public papers abound with names to these resolutions, with a great proportion of respectable rich Catholics at their head. They propose commencing their operations by an application to the Irish Parliament (which opens on the 19th. instant) for an immediate repeal of a number of the penal Laws, which if not complied with, will according to present appearances, be productive of such a general ferment as Ireland has not experienced for a century past." The government here is unprepared for this. Hobart, the active secretary of state, had met with Pitt, but their determination is not yet known. Meanwhile, "the Machivalian principle of divide and conquer, has been assiduously adopted, and it has produced counter resolutions and addresses, from the Catholic Lords Kinmare, Fingal, Gormanstown, with the titular Archbishop of Dublin, and a large number influenced by them. The associations in opposition to these Nobles have been equally industrious and are by far the most numerous; they have resolved the expulsion of Lord Kinmare from the General Committee (or Parliament as it is frequently called) as enemical to the Catholics of Ireland; this Nobleman has hitherto been considered as the chief of the Catholics, in the south of the Kingdom. No violence has as yet taken place, except the hanging Lord Kinmare in effigy by a part of the populace of Dublin." He has given such [48]

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detail because this is the only news from here and the implications are great. Soon we will know whether the problem will be solved quietly. He rejoices at the pleasing prospects before the U.S. and hopes that they will continue to set an example of rational happiness to the world by holding themselves aloof from the politics and broils of the courts of Europe. R C ( D N A : R G 59, C D ) ; 7 p.; at head of text: "No. 4"; endorsed by T J as received 4 Apr. 1792 and so recorded in S J L .

To Thomas Pinckney SIR Philadelphia Jan. 17. 1792. Your favors of Nov. 29. 30. 30. and Dec. 1. came duly to hand and gave sincere pleasure by announcing your disposition to accept the appointment to London. The nominations to Paris and the Hague hav­ ing been detained till yours could be made, they were all immediately sent in to the Senate, to wit, yourself for London, Mr. G . Morris for Paris; Mr. Short for the Hague. Some members of the Senate appre­ hending they had a right of determining on the expediency of foreign missions, as well as on the persons named, took that occasion of bring­ ing 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, and 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 till the temperate season comes on, say till after the Vernal equinox, there will be no inconvenience to the public, attending it. On the contrary, as we are just opening certain négociations 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.—I have the honor to be with the most [49]

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perfect esteem & respect, Sir, Your most obedient & most humble servt., T H : JEFFERSON P r C ( D L C ) . F C ( D N A : R G 360, D L ) . One of Pinckney's 30 Nov. 1791 letters

had been addressed to Washington rather than T J (see notes to Pinckney to T J , 29 Nov. 1791).

From Benjamin Rush SIR Walnut Street. Jany. 17. 1792 Being obliged to lecture every day at 4 oClock, it will not be in my power to accept of your kind invitation to dinner on friday next. The difficulty, and novelty of the subject of my present course of lectures (Physiology and Pathology) has prevented my claims upon you for a visit. It has been the only cause of my having neglected to call more frequently upon you. But be assured my dear Sir, that no friend to republicanism, and to the Union of reason and humanity with our Government thinks of you oftener, and with more pleasure than Dr. Sir yours very sincerely, DEAR

BENJN.

RUSH.

R C ( D L C ) ; endorsed by T J as received 18 Jan. 1792 and so recorded in S J L .

George Washington to the Commissioners of the Federal District Philadelphia Jan. 17. 1792. I have duly received your favors of Jan. 7. and 9. am sensible of the expediency of the act of authority you have found it necessary to exercise over all the persons employed in the public works under your care, and fully approve of what you did. It has appeared I think that nothing less would draw their attention to a single source of authority and confine their operations to specified objects. It is certainly wise to take a view of the work to be done, the funds for carrying it on, and to employ the best instruments. Major Lenfant might be an useful one if he could be brought to reduce himself within those limits which your own responsibility obliges you to prescribe to him. At present he does not appear to be in that temper. Perhaps when Mr. Johnson shall arrive here, he may be able to let him see that nothing will be required but what is perfectly reconcileable to reason and to a due GENTLEMEN

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degree of liberty on his part. I will endeavor to procure the information you desire as to Mr. Ellicot.—I am &ca. G W Dft ( D L C : Washington Papers); en­ tirely in T J ' s hand except for addition of complimentary close and initials by Wash­ ington; docketed by Washington: "To the Commissioners of the Federal District 17th. Jany. 1792." P r C ( D L C ) . Entry in S J P L reads: "Draught of letter from G . W . to Commissioners of Federal city."

In their letter to Washington of 7 Jan. 1791, the Commissioners had requested information about the agreement with Andrew E L U C O T T concerning the pay he and his assistants were to receive ( D N A : R G 42).

From George Washington SIR Wednesday 18th. Jany. 1792 The conduct of Majr. L'Enfant and those employed under him, astonishes me beyond measure!—and something more than even appears, must be meant by them!—When you are at leisure I should be glad to have a further conversation with you on this subject.—Yrs. sincerely & affectionately, Go: W A S H I N G T O N DEAR

R C ( D L C ) ; endorsed by T J as received 18 Jan. 1792 and recorded in S J P L , where the note is described as being "on

Lenfant's conduct." See Editorial Note on fixing the seat of government, at 1 Apr. 1791 (Vol. 20: 60).

From Nathaniel Cutting Cape François, 21 Jan. 1792. He regrets to report that the flattering prospect of a return to tranquillity in the Northern District "has been recently obscured by unexpected depredations of the Insurgents." For the past fortnight "those remorseless Savages" have amused themselves by burning the ripe cane fields in that area. This has revived melancholy memories of the conflagration that destroyed many valuable buildings on those plantations and dampened the spirits of planters who had hoped to salvage part of the sugar crop, "which would have relieved their immediate wants; but through the unaccountable delay of the expected assistance from France, this resource is now cut off, and the disappointed planters must submit to a greater degree of humiliation than they had any previous idea of." The failure of aid from France to arrive has emboldened the rebellious slaves and led them to believe that France abandons the colony. The week before they destroyed every habitation in St. Susanne, which had been spared in the past because it was inhabited almost exclusively by free people of color. Last Saturday or Sunday a group of insurgents sur­ prised an advanced post near Fort Dauphin held by an officer of the Regiment du Cap andfiftymen. By the time M. Touzard, the commandant in that area, arrived with reinforcements, he found "the dead Bodies of the Officer and forty [51}

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five of the men, in the Redoubt, stripped naked and mangled in a most horrid manner." Touzard immediately retreated to Fort Dauphin and informed the government that he could not hold it unless he was quickly reinforced by two to three hundred men. On Sunday last the victorious Insurgents burnt the Parishes of Ouanaminthe and Mirabarou, and it is said, every other Habitation quite to Fort Dauphin. Thus about sixty Sugar Plantations and two hundred and twenty of Coffee are added to the Catalogue of those destroyed."—Last Wednesday two of the National Commissaries visited each American vessel in this port and asked for the assistance of twenty men to act as cannoneers at Fort Dauphin. Many captains agreed to permit their sailors to volunteer for this duty, and yesterday a party of twenty-one sailors, led by Mr. Riley of Connecticut, set off for Fort Dauphin. Two hundred French sailors are said to have gone there at the same time.—The latest accounts from other parts of the colony mention no new occurences. "An evident coolness between the Legislative and Executive Departments increases daily, which cannot but be detrimental to the general Interest of the Colony. It is my opinion that noth­ ing can effectually recover this Colony from its present distracted state and settle its tranquility on a permanent Basis, but a new Commander in chief of great Capacity with a very respectable Body of Troops, who will not mingle in the political disputes of the Colonists, but by giving one Party a decided preponderance will annihilate all others." 4t

R C ( D N A : R G 59, M L R ) ; 2 p.; endorsed by T J as received 29 Feb. 1792 and so recorded in S J L ; faded and worn at edges so that some parts of words are lost and have been supplied from F C (MHi: Cutting Papers).

From George Hammond Sunday 2 2 d . J a n y . 1 7 9 2 .

Mr. Hammond has the honor of sending to Mr. Jefferson the last Monthly Review and Gentlemans Magazine, which he has received from England. Mr. H . also annexes a Copy of the Queen of Spain answer to his letter of recall. He has no copy of this last paper, but the tenor of it may be collected from the Queen of Spain's answer. R C ( D N A : R G 59, N L ) ; enclosure: Copy of Luisa, Queen of Spain, to George III, 19 June 1791, in French, expressing the high regard in which Hammond had been held while serving as minister plenipotentiary in Madrid.

To Thomas Mann Randolph, Jr. SIR Philadelphia Jan. 22. 1792. I wrote to my daughter this day sennight. I think it certain the Post office bill will now pass, and that there will be a branch of the general DEAR

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post from Richmond by Columbia, Charlottesville and Staunton. The postage of newspapers stands at present at a cent and a half for any distance above 100. miles. There will still be an attempt to reduce it to one half. But even as it now stands it is within the limits I proposed to our neighbors for Freneau's papers. These papers come out on the Monday morning, sometimes before and sometimes after the departure of the post, which occasions your receiving sometimes 3. 4. or 5 at a time.—I am very anxious to hear the event of my sale.—I have never written to Clarke yet, because I have never heard whether he agreed with Mr. Lewis to continue in my employ. I presume you write to that quarter sometimes, and will thank you to desire Clark, or whoever is the manager, in my name, to hurry down his tobo, after it's inspection at Lynchburg as fast as possible to Richmond, as I shall sell it here to the same person I sold it to last year. I expect he will give me 5. dollars. You can have the same for your Bedford tobo. He takes credit till Septemb. but I believe it will be practicable to get ready money, at the bank, for his bills, at a discount of \ per cent per month. Mr. Millar, when here, told me Clarkson had undertaken my business in Albemarle. As he does not write, I must pray you to give me from time to time in your letters, the state of things there. Give my love to my daughter, and accept assurances of the sincere attachment of Dear Sir Your's affectionately, T H : JEFFERSON 1

2

3

R C ( D L C ) ; addressed: "Thomas M . Randolph junr. esq. at Monticello. By the Richmond post"; franked, but postmark evidently trimmed off; on address leaf T J wrote: "Jan. 23. 7 H.-30' A . M . T h e mer­ cury is at this time 3.° below 0. of Farenheit's scale." The P O S T O F F I C E B I L L that had passed the House on 10 Jan. was being revised by the Senate (see note at T J to William Blount, 24 Dec. 1791). C L A R K E : Bowl­

ing Clarke, overseer at Poplar Forest in Bedford County, M I L L A R : Isaac Miller, of Charlottesville. 1

Preceding five words interlined. T J added this word to the R C after making a presscopy, indicating its inser­ tion after "year" at the end of the sentence. Clearly that was an inadvertent mark and the word belongs here. Preceding four words interlined. 2

3

Report on Case of Charles Russell Jan. 22. 1792. 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 [53]

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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 Missisippi, 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 that 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. TH:

M S ( D N A : R G 59, M L R ) ; in clerk's hand except for signature and date; endorsed. F C ( D N A : R G 59, S D C ) . Dft ( D L C ) ; entirely in T J ' s hand, dated 21 Jan. 1792 at foot of text, with the follow­ ing addition: " J . H . Repr. Nov. 3. 90. pa. 21. bounty lands to Virga. line referred to Giles, Clark, Livermore. Jan. 23. 92. President's message on Russel's petition referred to same."; endorsed by T J : "Rus­ sel's case." and by a clerk: "January 21st. 1792. Recorded and Examined". P r C of T r ( D L C ) ; except for expansions, capital­ ization, and spelling, the text duplicates that of the draft from which it was copied. T r ( D N A : R G 59, S D R ) ; dated 21 Jan. 1792. Russell, who served as a lieutenant in the Virginia Line from 1776 to 1783, petitioned the Virginia House of Dele­ gates in 1791 for payment of a pension for his military service, pointing out that the land he had been granted for Conti­ nental service under the terms of a 1781 Virginia law had since been recognized as part of Chickasaw territory by the United States. Predictably, the House of Dele­

JEFFERSON

gates rejected Russell's request for a pen­ sion, but at the same time put through the Assembly a resolution requesting Gover­ nor Henry Lee to inform the President of the plight of Russell and other Vir­ ginia officers and soldiers in the same situation so that he could lay the mat­ ter before Congress. Washington's secre­ tary sent T J Governor Lee's letter to this effect and the abovementioned enclosures, together with a request for a report (To­ bias Lear to T J , 20 Jan. 1792, R C in D L C ; endorsed by T J as received 20 Jan. 1792; F C in D N A : R G 59, M L R ; T r in R G 59: S D C ; see also A S P , Public Lands, i, 26, for enclosures). Washington submit­ ted T J ' s report and the supporting doc­ uments from Virginia to Congress on 23 Jan. 1792, but no remedial legislation was passed. After submitting the report, the documents were returned for deposit in T J ' s office (Lear to T J , 23 Jan. 1792, R C in D N A : R G 59, M L R , and F C in same, R G 59, S D C ) . T J dealt with this issue again in a February 1793 report to the House of Representatives on the petition of another Virginia officer who faced the same prob-

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lem as Russell, but with an equal lack of success. Indeed, as late as 1798 Russell's widow sought compensation from the House of Representatives for the bounty

1792

lands he had been deprived of by the Treaty of Hopewell (Report on Petition of John Rogers, 16 Feb. 1793; J S , I , 378; J H R , I , 494; A S P , Public Lands, i, 80-1).

To Montmorin SIR Philadelphia, January 23d., 1792. The President of the United States having destined Mr. Short to another employment, he is instructed to take leave of the Court of France. The perfect knowledge I have of his understanding and dis­ positions, gives me full confidence that he has so conducted himself during his residence near them, as to merit their approbation; and that he will mark his departure with those respectful attentions and assurances which will give them entire satisfaction. Above all things, I hope, that every exercise of his functions has been consistent with the sincerity of the friendship we bear to the king and Nation, and that you will be persuaded, that no one is more cordial in that sentiment, than he who has the honor to be, with the most profound respect and attachment, Sir, Your most obedient, and most humble servant, TH:

R C (Arch. Aff. Etr., Corr. Pol., E . - U . , Paris); in a clerk's hand except for signature; addressed: "A Monsieur Mon­ sieur de Montmorin, Ministre & Secre­ taire d'Etat, à Paris." Enclosed in T J XXXVI,

JEFFERSON

to Short, 23 Jan. 1792. Dupl ( D L C : Short Papers); in Remsen's hand except for signature. P r C of Dupl ( D L C ) ; con­ tains one minor change not on Dupl. F C (DNA: R G 59, D C I ) .

To Gouverneur Morris SIR Philadelphia January 23d. 1792 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 DEAR

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appointed. I shall therefore only express our desire, that they be con­ stantly 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 lan­ guage or attentions may tend to that effect. With respect to their Gov­ ernment, 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 unavoid­ ably 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 impor­ tant of your charges, the patronage of our Commerce and the exten­ sion of it's privileges, both in France and her Colonies, but most espe­ cially 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 Burrell 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 [56]

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1792

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 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 8,000 dollars. You shall receive from me from time to time the laws and journals of Congress, gazettes and other interesting papers; for whatever infor­ mation 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 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 publica­ tions 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 gen­ erally 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 this same conveyance, his appointment as Minister resident at the Hague.—I have the honour to be with great esteem & respect Dear Sir your most obedient & most humble servt., TH:

R C ( N N C ) ; in Remsen's hand, except for complimentary close and signature added by T J ; endorsed by Morris. P r C ( D L C ) . F C ( D N A : R G 59, D C I ) . Enclosed letter of credence from Washing­ ton and T J to Louis X V I , 23 Jan. 1792 ( P r C of F C in D L C ) . Morris' commission and cipher not found. T J ' s emphasis on the need for Morris

JEFFERSON

to exercise care in expressing his O P I N ­ I O N S was obviously calculated to serve as a subtle warning to Morris to refrain from further manifestations of his notori­ ous opposition to the French Revolution. This point was soon made more forcefully in a letter to Morris written by Washing­ ton and amended by T J (Washington to Morris, 28 Jan. 1792, enclosed in T J to Washington, 28 Jan. 1792).

[57]

To William Short SIR Philadelphia January 23d. 1792 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. instant. This new mark of the President's confidence will be the 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 in 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 matter of your communications with the Government of the United Netherlands. I feel myself particularly bound to recommend, as the most impor­ tant 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 under­ stood that the personal services and other expences here meant, do not extend to the cost of gazettes and pamphlets transmitted to the Sec­ retary 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 begin­ ning 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 DEAR

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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 ade­ quate 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 infor­ mation 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 of 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 any thing, 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 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 com­ mission with Mr. Carmichael to repair to Madrid, and there negocíate certain matters respecting the navigation of the Missisippi, 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 négociations 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 [59]

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1792

at Paris will admit, that your reception may be over, and the idea of your being established there strengthened before you receive the new orders.—I have the honor to be with sincere respect and esteem Dear Sir Your most obedient & most humble Servant, T H : J E F F E R S O N R C ( D L C : Short Papers); in Remsen's hand except for signature; endorsed by Short as received 7 May 1792; enclosed letters of credence from Washington and Jefferson addressed to the Stadtholder of the United Netherlands and the States General of the United Netherlands. P r C ( D L C ) ; lacks signature. F C ( D N A : R G

59, D C I ) ; lacks letters of credence. See also T J to Montmorin, 23 Jan. 1792. Short's commission has not been found. T J received official notification of the Sen­ ate's approval of Short's nomination in Tobias Lear to T J , 16 Jan. 1792 ( R C in D N A : R G 59, M L R ; F C in same, R G 59, SDC).

To Willink, Van Staphorst & Hubbard Philadelphia January 23d. 1792 On the 19th. of March last I had the honor to enclose you a Bill for 99,000 florins, drawn on yourselves by the Treasurer of the United States in favor of the Secretary of State, and I desired you to raise an account with the Secretary of State, and pass that bill to his credit in the account. In my letter of May 14th. I enclosed you a duplicate of the same bill, and informed you that this money was destined to pay the salaries and contingent expences of our foreign Ministers and Agents of every description from July 1st. 1790, and nothing else, and I added these words—"I must beg the favor of you also to make up your account to the close of the last day of June this present year, into which no expences are to enter which preceeded the 1st. day of July 1790, these being the dates of the appropriation of the law": And lastly, in my letter of August 5th. I enclosed a triplicate of the same bill, and added "in the mean time I hope that your account of this fund from July 1st. 1790 to June 30th. 1791 inclusive, is on it's way to me, that I may receive it in time to lay before Congress at their meeting"; but in fact I have neither received the account so much desired, nor even an acknowledgment of the receipt of any of the said letters or bills; and tho' Congress have been now sitting upwards of three months, I have it not in my power to lay before them a statement of the administration of this fund. When you consider the delicate situation of those entrusted with the disposal of public monies, and the express injunction under which I am laid by my Office to submit this account to a proper and timely examination, I leave you to conceive what my sensations must be under the disability to do it, which the GENTLEMEN

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1792

want of your account alone has brought on me; and I hope I shall soon be relieved by the receipt of it. In the present letter I enclose you another bill for ninety five thou­ sand nine hundred and forty seven gilders ten stivers current which be pleased to pass also to the credit of the same account. Mr. Gouverneur Morris appointed Minister plenipotentiary of the United States at Paris, Mr. Thomas Pinckney Minister plenipotentiary for them at London, and Mr. Short their Minister resident at the Hague, will draw on you soon for their outfits, which are 9,000 dollars each to the two first, and 4,500 dollars to the last; as also for their salaries, which will probably commence about the time you receive this, at the rate of 9,000 dollars a year to each of the two first, and 4,500 dollars to the last; and their contingencies, for the amount of which we rely on their discretion. Mr. Morris's and Mr. Pinckney's Secretaries are also allowed 1350 dollars each per annum. Besides this, Mr. Short will have to draw on you in his discretion as Commissioner on a special mission to Madrid. Permit me to press you in the most earnest manner, besides sending me your account of this fund from July 1st. 1790 to July 1st. 1791 as before desired, to make out the subsequent one for the current year on the 1st. of July next, and to send duplicates of it, one of them by the first British packet, the other by any of the first vessels sailing after that day, and to do the same annually as long as this account shall be kept open.—I am with great esteem, Gentlemen Your most obt. h'ble Servant, T H : JEFFERSON 1

2

PrC (DLC); in Remsen's hand, except for the interlinear addition in TJ's hand noted below and the signature. FC (DNA: R G 59, DCI). T J did not receive the A C C O U N T he requested from Willink, Van Staphorst & Hubbard until 7 Mch. 1792. He immedi­ ately forwarded the account to Washing­ ton, who transmitted it two days later to the Senate and House of Representatives (Washington to the Senate and House of Representatives, 9 Mch. 1792; Tr in

DLC: Washington Papers, with enclo­ sures; PrC of letter of transmittal only in DLC). See also Willink, Van Staphorst & Hubbard to T J , 24 Oct. 1791; and T J to Washington, 7 Mch. 1792. 1

T J struck out "a like sum of 99,000 florins" and inserted interlineally the amount spelled out above of 95,947 gilders and 10 stivers. The following was deleted at this point: "and Col. Humphreys, Mr. Carmi­ chael and Mr. Dumas as heretofore." 2

From Nathaniel Cutting Cape François, 24 Jan. 1792. His last was the 21st current. This city was alarmed between 7 and 9 o'clock in the evening of the 22d by a cannonade from the batteries of Petit Ance and the plantation of St. Michel, occasioned, it [61]

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is said, "by the appearance of a considerable Body of the Brigands who had the temerity to approach St. Michel apparently with the intention of attempting to burn it and Petit Ance, as lighted torches were actually discover'd in their hands." Later that evening, during his tour of duty "at the American Corps de Garde? the city was again alarmed by the sound of musket fire near its southern entrance. A party of insurgents had forded the river of Haut du Cap and attacked a small redoubt and hospital half a mile from the city. After driving a small party of soldiers from the redoubt, the "assailants" turned around one or two guns there andfiredseveral shots at the city without doing any damage. A detachment of the Regiment du Cap, accompanied by the Patriotic Cavalry and the Garde Nationale, drove the insurgents from the redoubt and the hospital. Warned in advance of the approach of the insurgents by some "negro attendants at the Hospital," all the patients "except two, had time to crawl away and conceal themselves and thereby escaped assassination. Two unfortunate Invalids who through the opperation of fear, or corporeal weakness, were more tardy than the rest, were inhumanely murder'd."—The Cavalry forged ahead to the defensive works at Haut du Cap and came in by Petit Ance.—Mr. Roux, a local merchant and an officer of the loyal mulatto corps stationed at Haut du Cap, and an adjutant of the Regiment du Cap were both "cut to pieces" by the insurgents while on their way from this city to that post.—Twenty-seven insurgents were killed and seven captured during the skirmish and pursuit. "It seems the assaillants were badly arm'd. They had some few muskets and Pistols; but most of them were armed either with Spits, Curtain rods pointed, poles with spike-nails lash'd on the end, or hard wooden launces sharpen'd after the manner of many other savages. One of the Prisoners appear'd to be a Chief of his Party being drest in a scarlet Uniform Coat with silver Epaulets. When examined yesterday morning at the Government House, He observed that his Partizans obtained arms and ammunition from the Spaniards, and could have any quantity, provided they could give sugar and Coffee in payment. This Chief and his six fellow Prisoners were publicly executed yesterday afternoon à la place a*armes "—The city was troubled this morning by a false alarm, a recurrence of which is only to be expected until aid arrives from France.—"Since this bold attempt of the Insurgents has terminated so favorably for the Whites it may be consider'd as a fortunate occurrence;—it will serve to awaken the vigilance of the Citizens and teach them the danger of despising an Enemy because his resources are apparently scanty. Desperation may sometimes supply the want of force and means." R C ( D N A : R G 59, M L R ) ; 2 p.; endorsed by T J as received 29 Feb. 1792 and so recorded in S J L . F C ( M H i : Cutting Papers); slightly variant in phraseology.

To Alexander Hamilton SIR Philadelphia Jan. 24. 1792. In consequence of the act of Congress appropriating 40,000 Dollars per annum from July 1. 1790. for our intercourse with foreign nations, I received from the Treasurer a bill, the last spring, on our bankers in Amsterdam for 99,000 florins. As this will be nearly exhausted by [62]

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1792

this time, and there will be large calls immediately by Mr. Morris, Mr. Pinkney and Mr. Short for their outfits and salaries, I must ask the favor of a like draught on our bankers in Amsterdam for 40,000 dollars more.—I have the honor to be with great respect Sir your most obedt. humble servt., T H : JEFFERSON P r C ( D L C ) ; at foot of text: "The Sec­ retary of the Treasury." F C ( D N A : R G 360, D L ) . On this day, T J sent Washington an estimate of expenses through the remain­ der of the President's first term for con­ ducting foreign missions in France, E n g ­ land, Spain, Portugal, and T h e Hague, and "Col. Humphreys' Agency", as well as medals for foreign ministers taking leave.

The total for 1792 was $96,798.50, leav­ ing a contingency fund of $9,868.10 when the $40,000 per annum allocation for the foreign fund is totalled for the period 1 July 1790 to 4 Mch. 1793 (Estimate of the demands on the Foreign Fund from July 1, 1790 to March 4, 1793, P r C in D L C ; in clerk's hand; T J wrote at foot of text: "given in to the President Jan. 24. 1792.").

From George Meade SIR Philadelphia January 24th. 1792 Agreeably to the Conversation I had the honor of having with You I take the liberty of addressing You on the Subject. Mr. Benjamin Hamnell Phillips, who is a Subject of the United States, and has been some time at Curacoa; he is now preparing to return thence, by way of New York if our Navigation should remain much longer shut up. A Considerable Trade is carried on from America to that Island; Mr. Phillips thinks as well as myself that his being appointed Consul at Curacoa would be Serviceable to the Trade of this Country and useful to him. I have known him for several Years and can say I have the highest opinion of his honor and Integrity, and am sure he would fill the office (should he be apointed) with Credit to the United States and Reputation to himself. A Vessell having lately arrived from Surinam, may perhaps put it in Your power to determine on this appointment which I should wish to know, and have the honor to be very Respectfully Sir Your devoted & most Obedt. Servt., GEO.

RC ( D L C : Washington Papers); endorsed by T J as received 24 Jan. 1792 and so recorded in S J L ; T J also noted above endorsement: "Phillips to be con­ sul for Curacoa." Washington nominated Benjamin Ham­ nell Phillips to be consul at Curaçao on 19

M E A D E

Feb. 1793, and the Senate approved the nomination the following day ( J E P , I , 130, 131). George Meade was a wealthy mer­ chant in Philadelphia, who had written a letter to T J on 20 Dec. 1791, recorded in S J L as received on that date, but not found.

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From William Short SIR Paris Jan. 24. 1792 I am to acknowlege the rect. of your letters private of Nov. 9 and 25. You mention having previously written to me Sep. 1. and Nov. 9 (not yet received and probably lost). I suppose it probable Nov. is put by error, as the letter of that date accompanied that of Nov. 25. and is otherwise mentioned in it. My private letters since that of July 17. (of which you here acknowlege the rect.) are Sep. 29. Oct. 6. Oct. 15. Oct. 22. My public account was sent with my letter of Oct. 6. I waited for some time to recieve my postage acct. from London, and at length did not recieve it so that it is not entered in this as I had wished. Since I have seen your uneasiness about its not arriving I have determined to copy it over again and inclose it in this letter. I mentioned to you that I had returned the vouchers not chusing to venture them; I will thank you to give me your directions on this subject. I endeavoured when lately at Amsterdam to get again the account of my tavern expences there last year—but the tavern keeper told me he could not furnish them as the owner has died since and the books are delivered up I believe to the execrs. I suppose however the sum will be as it were a voucher for itself, as it could not have been expected to be so moderate. If you find it necessary I will endeavour to have it ascertained by the present keeper of the tavern who is daughter in law to the former.— I inclose you at present also the rect. for the public articles charged to you, as you desire. I omit the 80. 11 because I already gave you credit for it, as having been charged to you by error, as you will see in my acct. sent you, beginning Nov. 89 and ending Aug. 90.—and I have charged the same being for postage to the U . S . — I reed, in your above mentioned letter of Nov. 25. the third of the bill of exchange for £ 4 0 stlg. drawn by Ruston on Pasley. The first and second have not come to hand. This shall be sent to V . Staphorst & Hubbard—to be joined to the rest and kept at your disposal—it being safer at present to have funds in Amsterdam than here. I have written to procure the wine you desire for the President. Your instructions respecting it shall be followed.—The seeds you sent to Mde. D'Enville have given her infinite satisfaction. She has charged me with expressions of her gratitude and intends writing to you also herself. M . and Mde. de la Rochefoucauld beg me also to assure you how much they are pleased and flattered by your remembrance of them. You did not send any acct. of the price of these seeds, though DEAR

tt

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when the list was given me I apprehended it was expected. Nothing has been since said to me about it. The sample of sugar gave great pleasure also—and particularly as it came at the very time that the same article was occasioning mobs here. The friends to humanity here, in which class you know this most excellent family stands high, wish much for the success of the maple sugar.—You say that your daughter complains that her cabinet des modes does not arrive. I think it has been long discontinued; at least I have not heard anything of the publication. I know not what has become of Goldsmith, and my bookseller and others to whom I have spoken, think it does not exist at present. It has been certainly overwhelmed and destroyed by the torrent of other journals which appear here and which are literally numberless. No attention at all is paid at present to dress. Such a journal would not have in France ten subscribers. The change that has taken place here in this article is inconcievable. A man who appears in full dress except at court is considered ridiculous. You may dine anywhere in boots and sup in many of the first houses in the same dress. I have been seriously employed for some time past in forming my library. Although books have felt the depreciation of assignats in their price, yet it is not equal to what I gain on the exchange. I confine myself to French authors except where I accidentally meet with good bargains in such English ones as I want. I confine myself as much as possible but I find it a very tempting fever. The uncertainty as to my future mode of life also has some influence on me, and not knowing but that I may go to end my days in Kentuckey, I should think it useless to be dragging after me a voluminous and expensive library. My aim therefore is to have my library rather well chosen than voluminous. Should I remain here I should of course extend it. Since I have been employed in this business my former passion for reading has been renewed and occupies me much. I frequently abandon the theatre and suppers weh. I followed very closely after your departure, to return home and pass my evening with my new companions, the books of my library. Should I go to the Hague, I shall count much on this resource and pursue a general course of reading with much avidity, as I shall be allowed much more time for it there than here, and it is really the circumstance which will reconcile me most to that residence.—I am waiting with infinite anxiety for the decision of this matter. I hope you will have reed, my letter of Oct. 6. before it takes place. Its contents with respect to a person there are really of essential consideration. I am sure your own knowlege of this place, and of the person, must shew how particularly improper he is for it. Yet from your aversion to interfere I suppose you will do nothing to prevent [65]

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it, although it would seem an indispensable duty in such cases to give one's opinion, when the person whom it is necessary to enlighten cannot be acquainted with some of the circumstances which are local, and of course known only to those who have been here. I take it for granted now Morris is he to whom you allude. I never could have believed it before your letter of Nov. the 9th.—If I had I shd. have said much more, but it is now certainly too late and of course useless. It will be generally considered here as an unaccountable circumstance, particularly because of the principles wch. he openly avows and those supposed to exist in America. I wish most sincerely he had been sent to London and another here.—I infer from your letter of Nov. the 9th. that if Pinkney refuses, Morris will go there, and that for that reason the business was delayed until the answer of Pinkney.—Adieu, my dear Sir, & believe me most affectionately your friend & servant, W:

SHORT

P.S. I inclose a letter for my brother to which I ask your kind attention. Your letter inclosing his from Richmond of Sep. 30. wch. it inclosed gave me the first intelligence of the fatality wch. has lately prevailed among my nearest friends and relations. He tells me he left a letter for me in your care four weeks before. As it has not come to hand I take it for granted it must have been in some of those of your letters wch. I have mentioned above as having probably miscarried. I am exceedingly sorry for it, as I have been a long time without having any kind of information from him, and his letter of Sep. 30. refers me to it:—I inclose you also a letter from Mr. Littlepage. R C ( D L C ) ; at head of text: "Private"; at foot of text: "Thomas Jefferson Sec. of State, Philadelphia"; partly in code, with interlinear decoding in T J ' s hand; endorsed as received 5 May 1792 and so

recorded in S J L . P r C (PHi). T h e letter to T J from Lewis was that of 26 Dec. 1791.

LITTLE-

PAGE

To José de Jaudenes and José Ignacio de Viar Philadelphia Jan. 25. 1792. 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, and a port thereon convenient for the deposit of merchandize of export and import for lading and unlading the sea and river vessels, and that GENTLEMEN

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his majesty would be ready to enter into treaty thereon directly with us, whensoever we should send to Madrid a proper and 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 beforementioned, 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.—I have the honor to be with sentiments of the most perfect esteem & respect, Gentlemen, Your most obedient & most humble servt., T H : JEFFERSON R C ( D N A : R G 59, M L R ) ; addressed: "Don Joseph Viar & Don Joseph Jau­ denes Commrs. of his Catholic majesty Philadelphia." P r C ( D L C ) . F C ( D N A : R G 360, D L ) .

T J ' s notes on the talks held with Jau­ denes are printed at 6 and 27 Dec. 1791, the dates on which they occurred. The C O M M U N I C A T I O N laid before the President was the former note; see T J to Viar and Jaudenes, 26 Jan. 1792.

From José de Jaudenes and José Ignacio de Viar SIR Philadelphia January 25. 1792. We have just before us your favor of this day, in reply to which permit us to observe, that its contents appear to us, as if it was the Meaning of the United States to Negotiate only upon the Subject of the Navigation of the Mississipi &ca. but that being not the intention either of the King (our Master) nor of Don Joseph de Jaudenes, when he had the honor to communicate to you the good disposition of his Majesty to Settle directly the Standing Matters between Spain, and the United States; we request the favor of you to inform us whether this point has been taken by the United States in that light, or other ways; in the first case you will be pleased to Make this observation to the President of the United States, that the Matter may be understood right, and in the Second you will be so kind as to explain it so in your [67]

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Answer for which purpose we take the liberty to enclose the Same.— We have the honor to be with sentiments of the most sincere esteem and regard Sir your most obt. and most humble Servt., JOSEPH D E JOSEPH

JAUDENES

IGNATS.

VIAR

R C ( D N A : R G 59, N L ) ; endorsed by T J as received 25 Jan. 1792 but not recorded in S J L or S J P L . Enclosure: T J to Viar and Jaudenes, 25 Jan. 1792.

From William Short SIR Paris Jan. 25. 1792 I have had the honor of receiving your letter of Nov. 24th. together with the papers which accompanied it—that of the 29th. of Augt. to which you allude has probably miscarried, having recieved none of a later date than that of July 28th. handed me here the 26th. of Septr.— My late absence from Paris has occasioned a considerable interruption in my correspondence. Several circumstances of importance have taken place here during that time, but as they are all of a public nature you will have been informed of them by the public channels. The plan adopted by the new minister of war, already mentioned to you, for the dispersion of the Emigrants assembled in an hostile manner in the electorate of Treves has had its full effect as to them. They have been forced to leave that Country and seek an asylum sepa­ rately among the German Princes less exposed to a French invasion.— The Emperor had given orders to the Commander of his forces in the low countries to protect the electorate in the case of an invasion, and oppose force by force. This circumstance together with the Letter he wrote to the King on the conclusion of the Diet has exceedingly discontented a large part of the Assembly. Many of the Orators have insisted in late debates on immediately annulling the treaty of 1756 and forming other Alliances. The more exaggerated party are for throwing themselves into the Arms of England. M . de Condorcet and Brissot are the leaders in that line and the diplomatick committee in general are in favor of that system. If any thing had been wanting to establish the real state of insanity in which many of the influential members of the Assembly are, it would have been furnished by the late debates.—Some are for breaking all alliances with the several Governments of Europe and forming new ones with the people only. Some are for emancipating all the world and others for plans equally wild, mad and distressing to the real friends of the French revolution. As such an Assembly must DEAR

1

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vary daily so the most alarming inconsistency is observable.—One day they are for forcing all their powerfiill neighbours to engage in War with them and the next refuse augmenting the Army to the point necessary, in the opinion of the Minister of War for a proper defence. It is with difficulty that he has been prevented from resigning within these few days on the Assembly's rejecting his plans for completing the regular Army. He would have been followed probably by some of the principal Officers in service. But this did not seem to produce any effect on the Assembly. They say that the Soldiers of liberty have no need of discipline, and prefer augmenting the Volunteer Corps. There is little doubt that the neighbouring powers notwithstand­ ing their aversion to the present order of things in France, are really afraid to come into Contact. What effect the appearances of insubor­ dination in this Country might have on their Troops in the case of an invasion, or what effect the presence of a French Army and fol­ lowers with the decrees for the abolition of feudal tenures &c. &c. might produce on their own peoples if thrown among them is a prob­ lem which they unquestionably will avoid as long as possible seeing resolved. The opinions respecting this effect are various and diamet­ rically opposite in some instances. It is this variety and consequent uncertainty which increases the Aversion in foreign Courts to risk a War. The Emperor has moreover much to fear in the low countries under such circumstances. As it is possible however that the Assem­ bly may not leave him the alternative; he is making preparations for War and marching Troops to increase the number of those already in his possessions bordering on France. Every symptom here seems to indicate a determination to provoke hostilities and the Emperors preparations shew a decision to Act in the case of Extremity.—It is difficult to say what turn war would give to affairs here. It would seem that it presented a chance for adding energy to the Government and bringing this Country by one means or another out of the present line which if continued threatens the dissolution of the body politic by the separation of the different parts of the Kingdom. Already there can scarcely be said to be any common center and if you will sup­ pose a continuation of the non payment of taxes and consequently of the emission of Assignats and finally absolute loss of their value, you will see the destruction of the only remaining bonds of union. Add to this that the number of discontented augments daily in the several departments notwithstanding those who emigrate. Motives of religion actuate many, disappointed hopes operate on others, and diminution of value and particularly of security in property affect all who have anything to lose. The City of Paris has for some days past seen the beginning of those [69]

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hostilities which are much to be apprehended in the natural course of things here between those who have property and those who have none.—The article of Sugar having taken such a rise as to be no longer within the reach of the poor, to whom it has become by use one of the necessaries of life, mobs of them assembled in the different parts of the Capital at the same time to regulate its price. Some magazines were forced and the proprietors obliged to sell the sugar at the price it cost them, about -J- of the present rate. Others were defended by the Garde Nationale and the persuasions of the Mayor who is the man of the people and possessing fully their confidence. In most instances he has prevailed on the mob to separate, by persuading them that they were excited by the enemies of the revolution, in order that they might calumniate them afterwards. I know not how long this calmer will produce its effect, but the danger of present pillage seems to have subsided for the moment.—Some of those who were supposed to be large owners of sugar have found it prudent to retire from Paris. One of the deputies to the Assembly from the City has been lately confined to his House by the people, his windows broken &c. The pretext was that he was a speculator in sugar. Formerly the pretext for the same conduct was the being an Aristocrat, and of course it was confined to the Abbe Maury, Cázales &c. who were often in danger. Their principles rendered them obnoxious to the people, the progression from thence to the being a supposed owner of sugar would seem to threaten its going on to the owner of any other kind of property, which is the last stage of such business; and the issue so much to be apprehended under present appearances of matters are left to take their natural course. It is under these circumstances of disorder and confusion at home and without any means of confidence from abroad that the idea has been conceived of changing totally their diplomatic system. You will easily suppose that there is no idea which may not be conceived by some one of the seven or eight hundred members of the Assembly, or some one of the thousands of members of the different clubs, employed in governing the Country, and that its being adopted depends on the accident of the moment, as well as its being discontinued or counter­ acted by any other suggested equally by accident. The first step that seems to have been taken under the new system was with a view to annul the effect of the late Union between the Courts of Vienna and Berlin. Accordingly M . de Segur named some time ago Ambassador at Rome but refused by the Pope, has been sent to Berlin with a particular commission probably on that subject or any other for preventing the King of Prussia from succouring the [70]

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emigrants. At that time the term of the 15th. Jany. fixed by the King for their dispersion had not arrived and it was not known that the issue would be as favorable as it has turned out.—The effect of M . de Segur's mission is not yet known.—Soon after his departure and I have good reason to believe, without his having suspected such a design it was determined to send the Bishop of Autun and Duke de Lauzun to England to sound that Court and see whether there is a possibility of forming connexions between the two Countries. Such an unexpected incident, as you may suppose has so much occupied the minds and conjectures of all here that among the various and opposite opinions respecting the true ground and prospects of this mission some must be right. But it cannot be said with precision which. The Bishop of Autun was preparing to set out when I arrived from Holland. I have not seen him therefore since this new project; but as far as I can judge it is an hardy desparate speculation in diplomatic, such as he is accustomed to make in stocks and at the gaming table.— I think it highly probable he has little hopes of effecting any thing and counts only on the doctrine of chances. Invididually he can loose nothing by it and if by any unexpected accident or by any sacrifice this Country should be induced to make, he should obtain any kind of alliance with England he is sure of doing what at this moment would be highly acceptable to a great influential part of the French Nation. His connexions pointed him out as the proper instrument in such a business. In the several divisions and factions which have succeeded here he has remained on good terms with M . de Condorcet and his followers in the Assembly who are the warmest supporters of the system for breaking with Austria and Spain and uniting with England. Many think they are influenced by British Gold but I have not as yet seen good grounds for such an opinion, nor as far as I know is there any reason to believe that this mission has been excited by the British Government.—The Bishop of Autun is particularly connected also with the present Minister of foreign Affairs. These two circumstances alone, in a moment like this, suffice to have enabled him to create such a mission and to have himself charged with it.—Some suppose that he is authorized to offer sacrifices in the French possessions beyond the Cape of Good Hope, for the Guarantee of those in the West indies, and the present form of Government of France. I hardly suppose however that the particular means of forming the Alliance are yet fixed. It is probable that what would be most tempting to England would be the anulling the family compact and there is little doubt that the Assembly would be in favor of it in this moment of ill humour with Spain.— Others think and with much appearance of being in the right, that the [71]

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principal design of the mission at present is to alarm Austria and Spain. I have heard one of the persons enjoying confidence say, on being questioned on this business and its being added that it would come to nothing, II est plus important que vous ne croyez que Fon dire qu'il (the Bishop) y soit allé"—If so it may turn out a dangerous experiment by giving such an alarm to Spain as to force her to tempt England also by commercial advantages.—Thus you have Sir the embryo of a Business which my own opinion is will not come to maturity. I can however by no means assure it, altho its origin is I am persuaded as speculative as I have stated it; yet I know not how far future sacrifices will be made in the prosecution of the Business. They will be augmented of course in proportion as internal and external danger increases here and may ultimately realize something. It is a subject of too much importance for the allies of this Country not to be followed and attended to with care. I will not fail to keep you informed of its progress. I have mentioned to M . de Montmorin as well as the present Min­ ister of Foreign Affairs the circumstance you state in your Letter of Novr. 24th. relative to the application from St. Domingo. They both seemed perfectly easy and satisfied. The former particularly told me that Ternant had written to him in similar terms. Nothing is yet decided here with respect to the application made to the Assembly by the Minister of Marine for applying the American debt to the immedi­ ate relief of that Island.—It will be counteracted by several parties and particularly the Merchants in the Assembly. They desire that the sup­ plies of Flour timber &c. should be sent from hence. First because they wish to keep off foreigners in General and 2dly. because in this case in particular they hope to have the Contracts. As they will talk loud about the commercial and national interests of the Metropolis and in oppo­ sition to those of the islands and of foreigners, an ignorant and tumul­ tuous Assembly will be disposed to subscribe to their wishes thinking they consult the interests of the Nation and not those of the Merchants only. The same system was practised and succeeded in the decrees passed with respect to the Articles of commerce with the U . S . by the former Assembly. It is highly probable they might have been prevailed on to have corrected them ere this, if the state of the country had allowed them to have taken them into consideration.—M. de Ternant was directed to propose to the President the authorizing the minister of the U . S . here to negotiate the treaty of commerce. It would be certainly more agreeable as you say, that this Negotiation should be conducted in America. I think it by no means impossible that it might be drawn there. I will sound the Minister should an opportunity present itself, of which however there can be no certainty within any immediate space [72]

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of time, in the present embarrassing situation of his department. Sup­ posing also it must be soon known who is to reside here permanently, it will be a very proper object for his exertion to have the business transferred to America.—You quote a passage from my Letter of July 24th. from which you infer I had expected of you that you should go through the London News papers and formally contradict all their lies. This was certainly very far from the idea I intended to convey. I will state it more precisely with respect to the circumstance there mentioned as it will apply to all others. If whilst the papers were filled with the Accounts alluded to, I had received a Letter from you of any kind it would have been as good a contradiction of the lies mentioned as if they had been gone over and contradicted one by one, because your writing to me and saying nothing respecting them would have shown me on what ground they stood. But as I had no information at all of any kind, I was quite in the dark and of course unable to contra­ dict what it was wrong to leave a doubt about in the Ministers mind. I experienced the same inconvenience of want of information in a much greater degree with respect to the deputies sent from St. Domingo to sollicit succours. Your Letter of Novr. 24th. received here only a few days past is the first which has enabled me to meet questions which were asked me without end and with manifest anxiety augmented by my knowing (or as it appeared to them affecting to know) nothing of the matter.—I have the honor of begging you to remain ever per­ suaded of the sentiments of affectionate respect and attachment with which I am, Dear Sir Your Mo. obedt. & hum: Servt., W:

T r ( D N A : R G 59, D D ) ; at head of text: "No. 93." P r C (PHi); consisting of first page only (see note 1). Recorded in S J L as received 5 May 1792. T h e T R E A T Y O F 1 7 5 6 between France and Austria was part of the celebrated "Reversal of Alliances" that foreshadowed the outbreak of the Seven Years War in Europe. T h e Comte de Segur's mission to Berlin failed to achieve its objective

SHORT

of detaching Prussia from Austria (John H . Clapham, The Causes of the War of 1792 [Cambridge, E n g . , 1899], p. 1412). Talleyrand's effort to secure a pledge of English neutrality in the event of French involvement in a European war proved to be equally unsuccessful ( G . Pallain, ed., La mission de Talleyrand à Londres, en 1792 [Paris, 1889], passim). 1

P r C ends here.

To George Washington Jan. 25. 1792. T h : Jefferson presents his respects to the President of the U . S . and subjoins what he supposes might form a proper introduction to the [73]

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statement prepared by the Secretary at war. The occasion is so new, that however short the letter proposed, he has no doubt it will need correction both as to the matter and manner. SIR

As the circumstances which have engaged the U . S . in the present Indian war, may some of them be out of the public recollection and others perhaps be unknown, I shall be glad if you will prepare and publish from authentic documents, a statement of those circumstances, as well as of the measures which have been taken from time to time for the reestablishment of peace and 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 entrusted with the administration of their affairs to communicate without reserve what they have done to ward off the evil. R C ( D N A : R G 59, M L R ) ; addressed: "The President of the United States"; endorsed by Lear; interlinear changes in pencil in the hand of Washington as sug­ gested by Hamilton. Entry in S J P L reads: "draught of introduction to Secy, of War's report." P r C ( D L C ) . T r ( D N A : R G 59, S D C ) ; lacking the draft and followed by this note: "NB. T h e Letter above alluded to was sent by the President to the Secy, of War, and will be found recorded in the books of the War Department." Washington submitted T J ' s proposed draft to Hamilton, who suggested alter­ ations that the president accepted in full. Hamilton wrote Washington as follows: "Mr. Hamilton presents his respects to the President and submits the following alter­ ations in the Letter.— instead of 'I shall be glad' &c. to say 'it is my desire' or Ht appears adviseable' that you prepare &c. Instead of 'when our Constituents' &c. say 'When the Community are called upon for considerable exertions, to relieve a part, which is suffering under the hand of an enemy, it is desireable to manifest that due pains have been taken by those entrusted with the administra­ tion of their affairs to avoid the evil.'— It is a doubt whether our constituents be a proper phrase to be used by the Presi­ dent in addressing a subordinate officer"

(undated M S in D N A : R G 59, M L R ) . T J ' s suggested draft was intended to serve as the text of a prefatory presi­ dential letter to a lengthy public state­ ment by Secretary of War Henry Knox on the background of the Indian war in the Northwest Territory. Knox's account, dated 26 Jan. 1792, was printed as a broadside under the title The Causes of the existing Hostilities between the United States, and certain Tribes of Indians NorthWest of the Ohio, stated and explained from official and authentic Documents, and pub­ lished in obedience to the orders of the Pres­ ident of the United States (Philadelphia, 1792). See also Carter, Terr. Papers, ii, 359-66. Although it was drafted by T J on 25 Jan. 1792 and then amended by Hamilton, the prefatory letter from Wash­ ington to Knox that was printed with Knox's statement bore the date 16 Jan. 1792. Washington may have deliberately antedated his covering letter to reflect the date on which he first instructed Knox to prepare the report in question (see Dft of Washington to Knox, 16 Jan. 1792 in D L C : Washington Papers). In any event, both the letter and the report were clearly designed to justify administration policy toward the Northwestern Indians and to rally public support for a bill then under consideration by Congress to aug­ ment the regular army to five regiments— a bill to which T J was privately unsympa­ thetic (see notes to T J to Washington, 16

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Dec. 1791; Richard H . Kohn, Eagle and Sword: The Federalists and the Creation of the Military Establishment in America,

1792

1783-1802 346-7).

[New York, 1975], p. 119,

To Alexander Hamilton SIR Philadelphia Jan. 26. 1792. It is perfectly equal to me that the 1233-^ dollars mentioned in your letter of yesterday, be taken out of the 40,000 Dollars now desired, or not. You will observe that the two sums of 40,000 D . each are for the interval between July 1. 1790. and July 1. 1792. and that the act is to continue, even if not renewed, till the end of the next session of Congress, probably the beginning of March 1793. The heavy draughts for Outfits for the late appointments will require a new call in time for the commencement of the 3d. year of the act.—I have the honor to be with great respect Sir Your most obedient & most humble servt., TH:

PrC (DLC); at foot of text: "Colo. Hamilton." F C ( D N A : R G 360, D L ) . Hamilton's L E T T E R O F Y E S T E R D A Y , responding to T J ' s of 24 Jan. 1792, is recorded in S J L as received 25 Jan. 1792, but has not been found. Another of 27 Jan. 1792, recorded in S J L as received that day, is also missing.

JEFFERSON

Hamilton wrote Willink, Van Staphorst & Hubbard on 27 Jan. 1792, instructing them to draw a bill for 95,947^- guilders to satisfy the request T J had made of him three days earlier (Syrett, Hamilton, x, 570-1).

From Richard Harrison SIR Treasury Department Auditors Office Jany. 26. 1792. I have now under examination an Account of Messrs. W. & J . Willink and Nicholas & J . Van Staphorst of Amsterdam, in which various Charges are made against the United States for supplies of Money to you. As they have not sent forward Documents to substantiate these Charges I take the liberty of requesting you will be pleased to fur­ nish me, soon as convenient, with a particular Statement of the Sums received of them by you, to enable me to proceed, to a final adjustment of their Account. I further request the favor of being informed, from the records in your office, of the dates and nature of the different Commissions with which Mr. Adams was charged in Europe, and of the Salary [75]

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and emoluments annexed to each.—I have the Honor to be, very respectfully Sir Your obedient hum. Servant, R. H A R R I S O N R C ( D L C ) ; endorsed by T J as received 26 Jan. 1792 and so recorded in S J L .

To José de Jaudenes and José Ignacio de Viar Philadelphia Jan. 26. 1792. By your letter of yesterday evening, in answer to mine of the morn­ ing, I perceive that Don Joseph Jaudenes's communication verbally had not been understood in the same way by him and 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 communi­ cation 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, and he approved it. I inclose you a verbal copy of it, being the one dated Dec. 6. This I laid before the President, and 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 let­ ter 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 favour 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 and perfect under­ standing 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.—I have the honor to be with great esteem & respect, gentlemen Your most obedient & most humble servt., T H : JEFFERSON GENTLEMEN

P r C ( D L C ) ; at foot of text: "The Commissioners of Spain." F C ( D N A : R G 360, D L ) . Enclosures: memoranda of conversations with Jaudenes, 6 and 27 Dec. 1791.

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From Benjamin Rush SIR January 26. 1792. I enclose you a few copies of the tract on the manufactory of Maple Sugar. It owes its existence to your request. It therefore has a right to claim your Support under all the congenial infirmities it derived from the hand of Dr. Sir yours very Affectionately, BENJN. RUSH DEAR

R C (NjP); endorsed by T J as received 27 Jan. 1792 and so recorded in S J L . The work enclosed by Rush was his An account of the Sugar-Maple Tree, of the United States, and of the methods of obtain­ ing sugar from it, together with observa­ tions upon the advantages both public and private of this sugar (Philadelphia, 1792). See Sowerby, No. 677. This pamphlet,

which is written in the form of a letter to T J , was first read before the American Philosophical Society on 19 Aug. 1791 (Am. Phil. S o c , Trans., m [1793], 6479). For a discussion of T J ' s hope that the domestic production of maple sugar would eventually lessen American dependence on sugar from the British West Indies, see note to T J to Washington, 1 May 1791.

To Daniel Carroll SIR Philadelphia Jan. 27. 1792. Be pleased to consider this letter as from one private individual to another. The conduct of the agents who ought to be subordinate to the Commissioners is properly viewed here. The matter remains till Mr. Johnson comes, when final measures may be taken for establishing the authority of the Commissioners. In the mean time the President apprehends that accident or malice may throw down the stakes by which the lots &c. are marked on the ground, and thus a whole summer's work be lost. He thinks the attention of one person would be savingly employed in a daily visit to these stakes, and fastening such as may be getting loose, or replacing those which may be withdrawn. I have thought it not improper to suggest this to you & am with great esteem Dear Sir Your most obedt. humble servt., T H : J E F F E R S O N DEAR

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From José de Jaudenes and José Ignacio de Viar Muí S E Ñ O R N U E S T R O Philadelphia, 27 de Enero de 1792 Hemos recibido la favorecida de V . S . de ahièr, y en su contestación debemos asegurar que nos ès mui sensible la variedad de sentido, en que V . S . y Don Joseph de Jaudenes tomaron el objecto de la Comunicación, ocasionada sin duda, por falta de aquellas phrases en el Idioma Ingles, que expresasen vivamente la vigurosa fuerza de su abertura. Hacer pausa alguna en quanto à los dos apuntes, que V . S . hà tenido la condescendencia de incluirnos, y las observaciones, que sobre ellos hace en su Carta, seria injuriar a V . S . è injuriarse pues que no se debe admitir duda, aún en la mas leve insinuación de V . S . Permítanos V . S . aducir en vindicación de Don Joseph de Jaudenes las diferentes especies, que le hicieron persuadir havia dado a entender suficientemente su idea, y que V . S . la havia comprehendido en igual sentido. V . S . le hará la justicia de recordar que después de haver expresado la imposibilidad de apaciguar los ánimos de los Kentukeses, mientras no obtubiesen la citada navegación, para encarecer el mismo asunto, entre varias otras especies se valió V . S . de la alternativa, que por lo contrario, si Su Magestad accediese à la precitada solicitud, los Estados Unidos no solo no querían un palmo de tierra de la que el Rey posee en la actualidad, sin que antes bien le saldrían garantes por todas sus possesiones en America. Que haviendo yqualmente renovado Don Joseph de Jaudenes las insinuaciones, que anteriormente sobre las varias trabas, que sufría nuestro comercio en los Estados Unidos, y haviendo V . S . tenido la bondad de indicarle, que si gustavamos hacer un memorial sobre el particular, contribuiría a que si fuese consistente, se hiciesen algunas modificaciones, respondió Don Joseph Jaudenes que le parecía superfluo por ahora, siempre que los Estados Unidos tratasen de embiar pronto alguna persona autorizada à nuestra Corte, pues entonces se arreglaría alla este, como todos los demás puntos. Como se havràn agitado los objetos, que indican los dos Capítulos, que anteceden, nacen de ello, que quando V . S . después de tomar el trabajo de apuntar por escrito la Comunicación, tubo el de leérsela a Don Joseph de Jaudenes, comtemplase este la proposición thereon inserta en el apunte extensiva à los demás objetos, que se havrian sucitado, y no solo reducida al de la navegación. [78]

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Para mayor prueba de la intención de Don Joseph de Jaudenes (quando no de su explicación) incluimos à V . S . copia del Memorandum que hizo este en Ingles sobre el objeto, para que le sirviese de norma en la Comunicación que debia hacer a V . S . Quanto precede, lo hemos producido solo para justificar la intención de Don Joseph de Jaudenes; y para precaver ahora de nuestra parte, el que la falta de buena explicación en el Idioma Ingles pueda ocasionar alguna tergiversación en la comprehension del verdadero sentido de la comunicación, tenemos el gusto de incluir a V . S . la que hemos hecho en nuestro Idioma con relación à las dos fechas en que tubo la honrra de ejecutarla el mencionado Don Joseph de Jaudenes. Estamos firmemente persuadidos que esta diferente inteligencia no debe causar alteración alguna en lo obrado de parte de los Estados Unidos, si se atiende à los sinceros y vivos deseos que V . S . se ha servido manifestar repetidas vezes subsisten de parte de los Estados Unidos à conservar la harmonía, y perfecta amistad que se requiere entre ambas Naciones, y a que si no se arreglasen todos quantos asuntos puedan ocurrirse, no debemos esperar que pudiese ser tan permanente como deseamos esta buena correspondencia. Quedamos mui reconocidos a las atentas expresiones con que V . S . nos repite la buena disposición de los Estados Unidos hacia su Magestad Catholica, y à quanto contribuía a hacer lo mas grata que sea posible nuestra residencia agui. Tenemos la honrra de subscrivirnos con el mayor respeto, y la mas sincera voluntad, Señor, Sus mas obedientes, y mas humildes Servidores, J O S E F IGNACIO D E VIAR JOSEF D E JAUDENES

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From José de Jaudenes and José Ignacio de Viar Philadelphia, January 27, 1792 We have received yesterday's dispatch from you, and in reply we must assure you that we regret the difference in which you and Mr. Joseph de Jaudenes understood the purpose of the communiqué, caused without doubt by the lack of those phrases in English which might express keenly the vigorous force of its beginning. Any second thoughts regarding the two notations you were gracious enough to include and the observations you made on them in your letter would be offensive to all of us because there should be no doubt, not even the slightest suggestion on your part. Permit us to cite in vindication of Mr. Joseph de Jaudenes the various D E A R SIR

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reasons that made him believe that he had sufficiently explained his idea and that you understood it the same way. You will be fair to him by remembering that after having expressed the impossibility of appeasing the feelings of the Kentuckians, as long as they couldn't obtain the mentioned navigation rights, in order to recommend the same thing you made use, among various options, of the alternative that, to the contrary, should His Majesty accede to the aforementioned petition, the United States would not only not want an inch of the land the King now possesses, but instead he would have guarantees for all his possessions in America. Mr. Joseph de Jaudenes having also renewed the earlier suggestions on the various obstacles which our trade in the United States was suffering, and you having had the kindness of pointing out to him that if we wanted to make a petition on the matter, you would contribute to it being consistent, to some modifications being made, Mr. Joseph Jaudenes answered that for the moment it seemed needless, as long as the United States tried to send an authorized person to our Court soon, for this, as well as the rest of the points, could be arranged there then. Since the subjects covered in the first two paragraphs have probably been confused, they precede, are born from that fact, because after you took the trouble to annotate the communiqué in writing and to read it to Mr. Joseph de Jaudenes, he considered the proposition thereon inserted in the annotation as extended to the rest of the subjects which would have been brought up, and not restricted only to that of navigation. As further proof of Mr. Joseph de Jaudenes' intention (if not of his expla­ nation) we enclose for you a copy of the memorandum on the subject he did in English to serve as a standard for the communiqué he was to do for you. The foregoing has been only to justify the intention of Mr. Joseph de Jaudenes; and now to prevent the lack of good explanation in English on our behalf from leading to a distortion in the understanding of the true sense of the communiqué, we have the pleasure of enclosing for you the one we have prepared in our language in relation to the two dates on which the aforementioned Mr. Joseph de Jaudenes had the honor of executing it. We are firmly persuaded that this difference of understanding should not cause any change in the work done by the United States, if one takes into account the deep and sincere desires, which you have manifested repeatedly to subsist on the part of the United States, to maintain the harmony and the perfect friendship needed between both nations, and that if every matter which comes up is not settled, we cannot hope for this good relationship to be as permanent as we would want. We remain very grateful for your kind expressions repeating the good dis­ position of the United States toward His Catholic Majesty, and for everything you have contributed to making our stay here as pleasant as possible. We have the honor to sign with our utmost respect and most sincere wishes, Sir, Your most obedient and humble servants, J O S E F IGNACIO D E VIAR JOSEF D E JAUDENES

R C ( D N A : R G 59, N L ) ; endorsed by T J as received 27 Jan. 1792, and so recorded in S J L . T h e Editors wish to thank Professor E . Inman Fox of North­ western University for his help in tran­

scribing and translating this document. Enclosures: Memorandum of conversa­ tions held with T J on 6 Dec. and 27 Dec. 1791, in Spanish, signed by Jaudenes and Viar, and comporting in all respects

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with those made by T J (see Memoran­ dum of Conversation with Jaudenes, 6 Dec. and 27 Dec. 1791); and "Memoran­ dum que hizo Don Joseph Jaudenes rela­ tivo a la Comunicado, que debia hacer," in English, which reads as follows: "By the last official accounts we have received from our Court, we are author­ ized to inform you Sir, that in consequence of the Copy of an official Letter which the Representative of the United States in the Court of Paris wrote to Count Montmorin who transmitted the Same to the French Chargé des affairs in the Court of Madrid, and this to his Excellcy. Count Florida blanca, his Majesty our Master is apprized of the Solicitude of the United States to have the free Navigation of the Mississipi declared in their favor and to have a Sea­ port ceded to them by us for the most Commodious use of it. His Majesty thinks the Most adviseable to arrange all the Matters directly between his Majesty, and the United States, and is very willing to come to a Negotiation so

1792

soon as the United States will send to our Court a proper and acceptable person fully authorized for the purpose. This is his Majesty's Mind on the Sub­ ject, which we have the honor to acquaint you with that you may so inform the Pres­ ident, and the United States, and will have the goodness to let us know their Resolution; Mean time you may assure the United States that his Majesty is very well disposed to preserve the good har­ mony and friendship that Subsist between Spain, and the United States." This letter is here printed in Spanish in order to reveal the reasons for T J ' s difficulty communicating with the Spanish ministers. T h e letter suggests that Span­ ish—a language familiar to T J — w a s not the native tongue of Viar and Jaudenes because of the misspellings and improper use of accents. Viar and Jaudenes used words that might be Catalan, and perhaps this was their native language.

From Edmund Randolph SIR Philadelphia January 27. 1792. The abstract, which I had the honor of putting into your hands this morning, was formed by a minute examination of the papers, relative to the case of Mr. Thomas Pagan. I am, as yet, unable to give a mature opinion. But it is easily discovered, that the refusal of an appeal to the supreme court of the United States constitutes a capital article of his complaints. If this course were ever open to him, it is so now; and the attempt may be made under the 25th. section of the judicial act for a writ of error, which will, if obtained, ultimately be equivalent to an appeal. I must therefore suggest to you the propriety of informing the British minister, that a motion for a writ of error may be immediately made. I do not mean by this to say, that it will certainly be granted. But an opportunity is presented to Mr. Pagan, at least to take the sense of that court upon his affair.—I have the honor, sir, to be, with true respect & esteem, yr. mo. ob. serv., EDM: RANDOLPH R C ( D N A : R G 60, M-T326/1); endorsed by T J as received 27 Jan. 1792 and so recorded in S J L . P r C ( D L C ) ; at head of text: "(Copy)"; entirely in Remsen's hand.

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To George Hammond SIR Philadelphia January 28th. 1792. The Attorney General has not yet reported on the Case of Hooper and Pagan, and thinks it will be some days before he shall be able to do it. In the mean time as the Supreme federal Court will meet on Monday se'nnight, he has desired me to draw your attention to that circumstance, as it will give an opportunity of applying for a writ of error to review the proceedings, the only legal way of removing them from a State Court to that of the general Government. Should you be unfurnished with the records in the case to support the application, a complete copy of them are in the hands of the Attorney General, and shall be at your service as long as may be necessary for that purpose.— I have the honor to enclose you a copy of the Attorney General's letter to me, and of being with perfect Esteem and Respect, Sir, Your most obedient & Most humble Servant, T H : JEFFERSON P r C ( D L C ) ; in clerk's hand, except for signature. Enclosure: Edmund Randolph to T J , 27 Jan. 1792.

From Richard Peters SIR Saturday 28. Jany. 1792 I thank you for the friendly Attention you paid to my Request of witholding the Commission 'till this Time. I had fixed the Matter so as to resign the Chair of the Senate on Tuesday Morning but I will do it on Monday Afternoon. On Tuesday the House will of Course choose a Speaker and when this is done I will resign my Seat as a Senator which cannot be done before the Senate is perfect in its Organization. So soon as I am free from my present State Situation I will write to the President and I pray you to let me know any Step I ought to take as to taking the Qualifications, I should rather say Oaths of Office; for as to the former I must double my Diligence to acquire them.—Yours with sincere Esteem, RICHARD PETERS DEAR

R C ( D N A : R G 59, M L R ) ; endorsed by T J as received 28 Jan. 1792 and so recorded in S J L . A letter from Peters of 24 Jan. 1792, recorded in S J L as received on that day, has not been found, but see Peters to T J , 14 Jan. 1792. Peters signified his acceptance of his appointment as federal district judge in Pennsylvania in a letter T O T H E P R E S I ­

D E N T written two days after the present one to T J (Peters to Washington, 30 Jan. 1792, D N A : R G 59, M L R ) . Peters finally resigned from the Pennsylvania Senate on 1 Feb. 1792, the day after he was replaced as speaker of that body by Samuel Powel (Journal of the Senate of... Pennsylvania, commencing . . . the sixth Day of December [1791] [Philadelphia, 1792], p. 80-1).

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To William Short SIR Philadelphia Jan. 28. 1792. My last private letter to you was of Nov. 25. Your last received was of Sep. 29. Tho the present will be very confidential and will go, I do not know how, I cannot take time to cypher it all. What has lately occurred here will convince you I have been right in not rais­ ing 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 appoint­ ments would be till Mr. Pinckney's answer came. Then he nominated to the Senate Mr. Morris M.P. for France, Pinkney M.P. for Lon­ don, and yourself M.R. for the Hague. The first of these appointments was extremely unpopular, and so little relished by several of the Sen­ ate that every effort was used to negative it. Those whose personal objections to Mr. Morris overweighed their deference to the Presi­ dent finding themselves a minority, joined with another small party who are 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 a 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 that as to your­ self 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 biennial bill furnishing money for the support of the for­ eign establishment 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 . cannot 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. to 50,000 dollars.—The President afterwards proceeded to join you to Carmichael on a special mission to Spain; to which there was no opposition, except from 3. gentlemen who were against opening the Missisipi. / 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 retire he meant to give it as soon as he should get thro the business jointly confided to you and to appoint you Minister Resident his successor. Therefore do in this what DEAR

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you chuse only informing me of your wishes that I may cooperate with them and taking into consideration that the term I have unalterably fixed for retiring from my office is the close of our first federal cycle which will be the first of March 1793. All this is confided sacredly to your secrecy being known to no living mortal but the President Madison and yourself. I have not yet received your account of 1791-2. You must send them hereafter by duplicates, and by the very first conveyances after the 1st. of July, as the not having them at the meeting of Congress has a very ill effect. I inclose a letter for the Van Staphorsts, which being left open, will need no explanation. I pray you to take sure measures for having it complied with, as I venture to state it in my account as a thing done. I inclose you a triplicate of Warder's bill for £ 1 3 1 - 5 steri. I hope the Mission to Madrid will be agreeable here. It will still raise your ground when you return.—I am with sincere attachment dear Sir your affectionate friend & servt., T H : JEFFERSON R C (ViW); at head of text: "Private"; partly in code, with interlinear decoding in Snort's hand rendered in italics above; endorsed by Short as received 7 May 1792. P r C ( D L C ) ; mutilated. T J ' s draft of the encoded portion is in D L C : T J Papers, 69: 11906, the verso of which contains a tabulation of the Senate vote on Morris' and Short's nominations. T J wrote the enclosed letter for the Van Staphorsts the following day, and it is possible that he also enclosed a letter from Henry Lee to Short, regarding an offer for a Dutch loan to Virginia. (Henry Lee to T J , 21 Jan. 1792, R C in D L C ; endorsed by T J as received 28 Jan. 1792 and so recorded in S J L ; F C in Vi: Executive Let-

terbooks 1788-92). The Senate approved the nominations of Short and Carmichael to negotiate with representatives of Spain on the Mississippi question without a roll call vote on 24 Jan. 1792 despite the opposition of 3 . G E N T L E M E N — G e o r g e Cabot, Ralph Izard, and Richard Henry Lee—to opening the Mississippi to navigation ( J E P , I , 99; James Monroe to T J , 11 Jan. 1792). T J and Washington had learned indirectly through David Humphreys of CarmichaePs wish to retire as American chargé d'affaires in Madrid (Humphreys to T J , 3 Jan. 1791; T J to Washington, 2 Apr. 1791).

From George Washington DEAR SIR 28th. Jany. 1792. Enclosed is the rough draught of a letter to G . M . — I pray you to examine it, and alter any word, or sentence you may think too strong; or the whole of it, retaining my object; from which I shall make a fair copy and then take a press one: be not scrupulous therefore in making the alterations you judge necessary.—In the course of tomorrow I will send you the letter to be made up with your dispatches.—Yrs. sincerely, G W

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R C ( D L C ) . Entry in S J P L reads: "G.W.'s draught of letter to Gouvr. Morris corrected by T h : J . — [ G . W . ] to T h : J . inclosing it."

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To George Washington Jan. 28. 1792. 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. PrC (DLC).

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Philadelphia Jan. 28. 1792. Your favor of the 30th. Sep. came duly to hand, and I thank you for the important information contained in it.—The official communications from the Secretary of State will convey to you the evidence of my nomination and appointment of you to be Minister Plenipotentiary for the United States at the Court of France; and my assurance that both were made with all my heart, will, I am persuaded, satisfy you of the fact. I wish I could add that the advice and consent flowed from the same source. Candour forbids it, and friendship requires that I should assign the causes, as far as they have come to my knowledge.—Whilst your abilities, knowledge in the affairs of this country and disposition to serve it were adduced and asserted on one hand, the levity and imprudence of your conversation, and in many instances of your conduct were as severely arraigned on the other. It was urged that your mode of expression was imperious, contemptuous and disgusting to those who might happen to differ from you in opinion: and among a people who studied civility and politeness more than any other nation it must be displeasing.—That in France you were considered as a favorer of Aristocracy, and unfriendly to it's revolution (I suppose they meant constitution) that under this impression you would not be an acceptable public character and of consequence would not be able, however willing to promote the interest of this country.—That in England you gave evident proofs of indiscretion by communicating the purport of your mission in the first instance to the minister of France, at that court, who availing himself in the moment of the occasion gave it the appearance of a movement through his court.—This and other circumstances of a similar nature, added to a closer intercourse with the opposition members, occasioned distrust and gave displeasure to the ministry, which was the cause it is said of that reserve which you experienced in negotiating the business which had been entrusted to you.—But not to go further into the detail of this matter, I will place the ideas of your political adversaries in the light which their arguments have brought them to my view, viz. that tho' your imagination is brilliant the promptitude with which it is displayed allows too little time for deliberation or correction, and is the primary cause of those sallies which D E A R SIR

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too often offend, and of that indiscreet treatment of characters, which but too frequently results from the enmity produced by it, and which might be avoided if they were under the guidance of more caution and prudence, and that it is indispensably necessary more reserve and caution should be observed by our representatives abroad than they conceive you are possessed of.—In this statement you have the Pros and Cons. By reciting them I give you a proof of my friendship, if I give you none of my policy or judgment. I do it on the presumption that a mind conscious of it's own rectitude bids defiance to and may despise the shafts that are not barbed with accusations against the honor or integrity of it, and because I have the fullest confidence (supposing the allegations to be true in whole or part) that you wouldfindno difficulty, being apprised of them, and considering yourself as the Representative of this country to effect a change and thereby silence in the most unequivocal and satisfactory manner your political opponents.—Of my good opinion and of my friendship and regard you may be perfectly assured, and that I am your affectionate & obedt. servt. T r ( D L C ) ; entirely in T J ' s hand with heavy use of abbreviations, herein expand­ ed; at head of text: " G . W . to Gouvr. Morris"; at foot of text T J indicated that this was an exact transcript of Washing­ ton's draft and of his own suggested alter­ ations: "The passages through which a line is struck are as in the President's orig­ inal draught. T h e interlineations are the amendments proposed by T h : J . " See tex­ tual notes below for these modifications to Washington's draft, all of which were accepted by the President. See also Fitzpatrick, Writings, xxxi, 468-70. Entry in S J P L reads: "[G.W.'s draught of letter to Gouvr. Morris corrected by T h : J . ] T h : J . to G . W . returning it."

fail to do so on the present Occasion / now promise you that Circumspection of Conduct which has hitherto I acknowlege formed no Fkrt of my Character. And I make the Promise that my Sense of Integrity may enforce what my Sense of Propriety dictates" (Morris to Wash­ ington, 6 Apr. 1792, D L C : Washington Papers). Morris' resolution to be circum­ spect in his dealings as American minister to France proved to be short-lived, how­ ever, for several months after writing this letter to Washington he became involved in an abortive effort to help the royal fam­ ily escape from Paris (Morris, Diary, i i , 465-6, 472-80). 1

Morris, suitably abashed, replied to Washington's stern letter of reproof: "I receive[d] this Instant your favor of the twenty eighth of January and I do most sincerely thank you for the Information which you have been so kind as to communicate. Believe me I know how to value the Friendship by which they were dictated. I have always thought that the Counsel of our Enemies is wholesome, tho bitter, if we can but turn it to good Account and In order that I may not

T J marked through text from "the levity" to this point and interlined "you were charged on the other with levity and imprudence of conversation and conduct." Preceding four words deleted, "indi­ cated a hauteur" interlined. Word deleted. Text from "gave evident" crossed out, "indiscreetly communicated" interlined. T J crossed out "tho' your imagination is brilliant" and substituted "your brilliant imagination" for "it".

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To Joshua Johnson SIR

Philadelphia J a n . 2 9 . 1 7 9 2

The President having appointed Mr. Gouverneur Morris Min. Plenipotentiary at Paris, and Mr. Short Minister Resident at the Hague, and there being few private conveyances at this season, I take the liberty of putting letters inclosing their commissions &c. under cover to you, and of asking the favor of you to forward those to Mr. Short to Paris, and those to Mr. Morris to him wherever he may be. I am in hopes these papers, under the protection of your address, and a mercantile hand will escape examination at your post offices, and that if you will be so kind as to put them again under cover to bankers at the place of their destination they may still get on safe. As we shall be extremely anxious to know they have come safe to hand, I pray you to drop me a line by the first conveyance after you shall have received them.—Mr. Pinkney is appointed Minister Plenipotentiary to the court of London. I imagine he will not sail till the winter and perhaps equinoctial seasons are over.—I am to acknowlege the receipt of your several favors of July 2. 10. 11. Aug. 10. 10. Sep. 12. and 30. Mr. Pinkney will be instructed to settle and pay off your account and will hereafter furnish reimbursements on the spot, and relieve you from a great deal of trouble. The Consular act has passed the Senate and is before the Representatives. I am with great esteem, Sir your most obedt. humble servt. R C ( D N A : R G 59, C D ) ; at foot of text: "Mr. Joshua Johnson"; T J ' s signature at close of letter has been cut off. Addressed to "Mr. Joshua Johnson, Merchant No. 8.

Cooper's row. Crutched friars London."; endorsed as received "5 April Answrd 6 ditto 3P the Mary Capt. McKinsis." P r C ( D L C ) . F C ( D N A : R G 59, D C I ) .

To Van Staphorst & Hubbard GENTLEMEN

Philadelphia J a n . 2 9 .

1792.

On a statement of my accounts with the United States, there results a balance in their favor of two thousand five hundred and eleven gilders seven stivers current. As the debits of the account are mostly from the books of Willinks, V . Staphorsts & Hubard, I would wish to place in the same books the credit which is to balance my account. I have therefore by bill of exchange and other means enabled Mr. Short to remit to the house of Van Staphorsts & Hubard a sum sufficient to cover the balance before mentioned of /2511-7 current, which sum [87]

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therefore I am to ask the favor of you to place to the credit of the U . S . in their account with Willinks, V . Staph. & Hub. and to debit my account the same sum with Messrs. V . Staphorsts & Hubard. I make this request by letter, passing thro' the hands of Mr. Short, rather than by drawing a bill, lest it should get to you before you should have recieved the money. Not having exact information of the proceeds of the articles in Mr. Short's hands, I may be mistaken a few gilders. Should there be a small deficiency, I must ask the favor of you to make it up, so that my balance to the U . S . may be fully paid, and count on my replacing it immediately on notice of it's amount. Be so good as to note to me by letter your having given this credit to the U . S . on the books of Will. V . Staph. & Hub. that I may use the letter as a voucher on my settlement. I am with great esteem, Gentlemen, your most obedt. humble servt., T H : JEFFERSON P r C ( D L C ) . Recorded in S J L under date of 28 Jan. 1792 as "[Private]." Enclosed in T J ' s letter to Short, 28 Jan. 1792.

From Thomas Barclay Gibraltar, 30 Jan. 1792. The vessel by which he wrote on the 16th is still detained by unfavorable weather. The Emperor has reportedly crossed the Morbeya on his way to Morocco. So opposite are the opinions of those best acquainted with Barbary that some think when the Emperor arrives Ben Assar's army will disperse and the people may flock to him, others that he will be defeated.—Spanish preparations continue. Barcelo was appointed commander two weeks ago. T h e r e are forty-seven gunboats, twelve of t h e m lying in sight of this town, "and every body believes they are intended against Tangier."—He encloses a copy of a letter Francis Chiappe wrote him from Tangier on the 23d. "I think the business will befinishedunder my present Charracter before any instructions can come from you in consequence of what I now write, but lest some obstacle may arise, I request to know as soon as convenient what will be proper to do. The rule that has been hitherto observed without exception was, that the Christian Powers either sent Ministers to the Court of Morocco, or Ministerial Commissions to their Consuls residing there, for the purpose of renewing their Treatys, and when that business was done they were no longer Ministers but Consuls. M. De Rocher the French Consul general was informed by the Emperor that he was ready to renew the peace with the French Nation, and the Consul has passed some time ago, to Paris, with the declared intention of getting a Commission for that purpose, and procuring the presents."—He has been so particular because of his wish to inform T J of what other powers have done and because of his inability to foresee the nature of his reception, "but if the Emperor shall adhere to objections, I will desire, and I am sure I shall succeed, that no umbrage be taken untili I am fully instructed."—He plans to embark as soon as "there will appear a prospect of approaching the Emperor without danger of the presents being sacraficed." The best way of transmitting commands to him is [88]

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by sending them to James Simpson, the Russian consul here; the next best, by sending them to Thomas & Henry Lynch & Co. of Cadiz; and the third best, by sending them to Mr. Humphreys at Lisbon. Any other method "will be very uncertain and hazardous." RC (DNA: R G 59, CD); 4 p.; endorsed by T J as received 29 Mch. 1792 and so recorded in SJL. Dupl (same); at foot of text: "(No. 5)—(Copy). Original by the Brigantine Rover to Baltimore. This with a Translation of Mr. Chiappe's letter to New York." Enclosures with Dupl: Fran­ cisco Chiappe to Barclay, 23 Jan. 1792

(in Spanish) and Barclay's translation of same, in which Chiappe suggested that Barclay remain at Gibraltar until the dan­ ger of capture by the Spanish fleet sub­ sided and the Emperor arrived in Moroc­ co, and advising him "to present yourself to the Emperor as Envoy and not as Con­ sul" (RC in DNA: RG 59, CD).

From George Hammond SIR Philadelphia 30th. January 1792 I beg leave to return you my acknowledgements for your very oblig­ ing favor of the 28th. Curt., and also for the communication of the Attorney General's letter on the subject of Mr. Thomas Pagan's case. Had my interference in behalf of Mr. Pagan been dictated merely by the spontaneous desire of relieving that Gentleman from his present unfortunate situation, I might possibly have been induced to pursue the mode suggested, of causing the supreme federal Court to be moved to grant a Writ of Error; But having been instructed by my Court for­ mally to represent Mr. Pagan's grievance to the general government of the United States, I do not apprehend that it would now be respectful to the latter for me to refer the complaint to any Court of Judicature, nor do I presume that speedy or effectual redress can now be obtained for Mr. Pagan, in any other manner than by the intervention of the federal government. For these reasons I feel myself under the necessity of respectfully declining to adopt the expedient suggested in the Attorney General's letter, and of determining to await the decision of the general govern­ ment in whose justice and wisdom I repose confidence so implicit, as to prevent me from entertaining any doubt that the event of that deci­ sion will ultimately be favorable to Mr. Pagan's claim of redress, and justify the expectations of my Court.—I have the honor to be, with perfect respect and esteem, Sir, Your most obedient and most humble 1

servant,

G E O . HAMMOND.

RC (DNA: R G 59, NL); in a clerk's hand, signed by Hammond; endorsed by T J as received 30 Jan. 1792 and so recorded in SJL.

1

This word substituted for "and," erased.

{89}

From George Hammond SIR Philadelphia 30th. January 1792 Since my arrival in this country, I have passed over in silent disre­ gard many malevolent insinuations upon the subject of the Indian war, which have been repeatedly thrown out against my Country, in the public prints, and have suffered their futility and falsehood to defeat the purposes, for which they might have been fabricated. But when I learn from the papers of this morning, that, in public discussion, it has been seriously assumed as a fact—that the Indians, now engaged in war with the United States, have been plentifully supplied with arms and ammunition, and have received information and aid in their hostile operations from the forts now in the possession of his Majesty's arms— it becomes an act of duty to my Country and myself, and of respect to every part of this government to recall to your recollection my let­ ter of the 14th. of December (in answer to your's relative to Bowles) in which, by direction of my superiors, "I disclaimed, in the most unequivocal manner, the imputation, that the King's government in Canada had encouraged or supported the measures of hostility, taken by the Indians in the Western Country." Although I , at the time, conceived that a declaration so formal and explicit was sufficient to dispel any doubts that might have been enter­ tained, I was still anxious to receive, from the province immediately concerned, a farther corroboration of what I had advanced. For this purpose, I informed his Majesty's Governor of Canada, by letter, of my having disavowed any interference in favor of the Indians, on the part of his government. In the Governor's answer (dated the 12th of this month) he assures me that I was perfectly justified in making such a declaration—that the Indians have been neither directly nor indirectly encouraged or supported in their measures of hostility—that the Officers, commanding the Upper Posts, have constantly and uni­ formly been instructed to observe the strictest neutrality—and that it is the wish and interest of the King's government in Canada to see tranquillity restored between the Indians and the United States. As an additional proof that such has been uniformly the course of proceeding pursued by the government of Canada, I can also inform you, that at a Talk held on the 15th. of August last at Quebec by Lord Dorchester with a deputation of the Indians, his Lordship acquainted the latter with his resolution not to afford them any assistance in the prosecution of hostilities and expressed his wishes that a pacification might shortly take place between them and the United States. [90]

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It would, I trust, now be superfluous for me to enlarge farther upon this subject. You will however, Sir, permit me to add that, in making to you these communications, I am impelled by no other motives than by a solicitude to remove any doubts that may still exist in any part of this government, and by the desire of preventing the public mind from being warped or prejudiced by unfounded opinions, at the very period, when those stipulations of the definitive treaty, that have not as yet been carried into effect by the two countries respectively, are likely to come into serious and temperate discussion. While I am upon this head, I cannot avoid expressing to you, Sir, my regret that I have not hitherto been enabled to complete the abstract, which I am preparing, of such facts as appear to me contraventions of the Treaty of Peace, on the part of the United States. It is now in considerable forwardness, and I hope to present it to you in a very short time. When you consider the extensive nature of the subject and the necessity of procuring information from every part of this continent, you will, I hope, be easily persuaded, that the delay has been unavoidable.—I am, with perfect respect and esteem, Sir, Your most obedient and most humble servant, G E O . HAMMOND. R C ( D N A : R G 59, N L ) ; in a clerk's hand, signed by Hammond; endorsed by T J as received 31 Jan. 1792 and so recorded in S J L ; also endorsed as pertain­ ing to "gazette aspersions of his nation." T r ( D N A : R G 59, N L ) . Hammond was provoked to write this letter by the publication in this day's The Federal Gazette and Daily Advertiser of an account of a 26 Jan. 1792 debate in the House of Representatives on the failure of St. Clair's expedition, in the course of which an unidentified speaker criticized British retention of the western posts in the following terms: "As long as Britain is suffered to retain those posts, we can never hope to succeed against the Indi­ ans; nor ought we to trace our misfortune to any other source than her still hold­

ing them in her possession: were they in our hands, the Indians could not carry on operations against us with the same degree of vigour as they now do: for it is from those forts that they obtain their supplies of arms and ammunition, with which they can be, at all times, plentifully supplied, as long as things continue on their present footing" (see also Annals, H I , 337-47). Hammond was particularly con­ cerned about the appearance of this item in this newspaper because he believed incor­ rectly that its editor, Andrew Brown, was also a clerk in the Department of State, and that therefore the newspaper itself was one "over which the Secretary of State may naturally be supposed to possess no small degree of influence" (Hammond to Grenville, 2 Feb. 1792, P R O : F O 4/14, D L C photostat).

From Thomas Auldjo Cowes, 1 Feb. 1792. He encloses an account of imports and exports by American ships in this district for the last half of 1791. It is somewhat defective owing to mistakes by his agents that he will correct in his next return, but it [91]

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is perfectly accurate with respect to the description of goods imported and exported. Americans should be able to profit from the British demand for lumber because "Lumber imported in American Ships direct from the United States pays no duty, which gives you an advantage over importations from the Baltick and Norway, on which a duty is levied."—He encloses a letter from Mr. Newman, an agent of his in Dartmouth who is involved in trade with New York, "and if the subject should engage your attention I shall be happy to second your views in it."—He has no political news to communicate as everything in this country is tranquil. He received the laws and treaties of the United States from [Joshua] Johnson. R C ( D N A : R G 59, C D ) ; 2 p.; endorsed by T J as received 10 Apr. 1792 and so recorded in S J L . William N E W M A N sent Auldjo infor­ mation he thought might be helpful in preparing a treaty of commerce between the U . S . and England, suggesting that

a provision to ship American agricultural products to Newfoundland in English bot­ toms would result in a £ 1 0 0 , 0 0 0 yearly trade in bread, rice, flour, pitch, tar, pork, and lumber, and that the products would be paid for in bills of exchange (Newman to Auldjo, 5 Jan. 1792; T r in D L C ; dock­ eted by T J : "Treaty. G . Britain").

From David Humphreys Lisbon, 1 Feb. 1792. Since his last letter of 1 Jan. he has received TJ's of 29 Nov. He has left the letters for William Carmichael at the Spanish ambassador's hotel. He has discontinued the Gazettes of Paris and Leyden but still receives the London Chronicle. He encloses the Gazette of Lisbon and has sent for that of Madrid. The enclosed dispatches from Thomas Barclay show the state of relations between Morocco and Spain. "By the last British Packet, a French Officer arrived here as a Courier from the F r e n c h emigrant Princes at Coblentz. On his arrival in the Tagus, he ripped the lining of his coat and took out his Dispatches. He remained but one day, and was furnished by the Secretary of State with an order for Post Horses on the route to Madrid. He did not hesitate to say in confidence to a foreigner, who lodged in the same house with him and is an acquaintance of mine, 'that all hopes of Making an impression on France depended upon foreign Powers; that the Royal Emigrants assumed great state and spent much money; that the Officers and others are not well satisfied; that the men are a set of the greatest vagabonds that can be found in France and Germany; and that all are ill paid.' It does not appear to me, that this Court is disposed to interfere at all (openly at least) in the affairs of France. Nor is that of Spain much in condition to do it, however strong its inclination may be." The Queen is naturally good and wishes the best for her nation. But she is also politically inexperienced, timid in exercising her judgment, and heavily influenced by the prime minister, the Marquis de Ponte da Lima, and her confessor. She would do better without them.—The court is at Salvaterra whither the Queen removed, upon the advice of her physicians, after taking ill in the middle of January. Reports as to her condition are confused and contradictory, and palace attendants have been forbidden to speak of her health. He is fearful "from whispers I have heard from a quarter to be depended upon, [92]

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that her malady is more of the mental than corporeal kind."—There are 22 American vessels here, more than at any other time since his arrival. But the cargoes of wheat most of them carry will notfindas good a market as expected because of "an extraordinary influx of Wheat from the Mediterranean and other quarters."—P.S. His last letters should be 24 Dec, No. 42, and 1 Jan., No. 43, rather than 41 and 42. He encloses lists of American vessels that entered Lisbon and Oporto in 1791. RC (DNA: R G 59, DD); 4 p.; at head of text: "(No. 44)"; at foot of text: "The Secretary of State"; endorsed by T J as received 4 Apr. 1792 and so recorded in

S J L . Tr (same), E N C L O S E D D I S P A T C H E S : Barclay to T J , 18, 26, and 31 Dec. 1791. Other enclosures not found.

From Tobias Lear United States, Feby. 1st. 1792 By the President's command, T . Lear has the honor to transmit to the Secretary of State a Copy of the Speech of Lord Dorchester to the Western Indians—and of a letter from Colo. Beckwith to the Secretary to the Treasury accompanying said speech.—The President wishes the Secretary of State to look over these papers before he sees the President.

TOBIAS L E A R .

Secretary to the President of the United States RC (DLC); endorsed by T J as received 31 Jan. 1792. PrC (DNA: R G 59, MLR). Tr (DNA: R G 59, SDC). The subject of D O R C H E S T E R ' S speech of 15 Aug. 1791, referred to in George Hammond to T J , 30 Jan. 1792, is dis­ cussed in Vol. 20: 139-40. Washington

sent copies of the speech and Beckwith's covering letter to T J in preparation for their meeting this day to consider Ham­ mond's 30 Jan. 1792 letter on British Indian policy and TJ's reply to it. See T J to Washington, 1 Feb. 1792, and T J to Hammond, 2 Feb. 1792.

From Lucy Ludwell Paradise D E A R SIR Wednesday London Febry. the 1st. 1792 We have received your Excellencies very kind and friendly Letter, and return you our grateful thanks for the Interest you are so good as to take in our affairs, we beg you only to Continue your good offices, as we stand in greater need of them now, More than ever. We thank you for the advice you give Us concerning the Thousand Pound Sterling we have in the Funds of Virginia, and shall certainly follow your Excellencies plan. Our worthy and Constant friend Dr. Bancroft agrees [93]

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with your Excellency: And for which purpose the Dr. and the trustees for the Creditors, have written to My Cousin Colo. Nath. Burwell, and our Steward, to Authorise them to Sell out the Money and remit it to them, as soon as possible. But to these important Letters, which were sent last year the Trustees have received no Answer, which Makes them extremely Angry and Mr. Paradise very unhappy. I am certain if our Steward would do his duty properly, and send us good Bills of Exchange upon respectable Merchants here that no time should be lost in protesting them, what with the Thousand Pound I have mentioned, and Norton's Debt, and the Annual Income of the Estate, we Shall Certainly be cleared of all the Debts this year. Our Steward ought to exert himself in the best, and most attentive manner he is able, as the Great Sum of Money we loose in the Funds of Virginia is owing to his Father or himself accepting of the Money during the war, which he had not our authority for so doing. The whole of My Estate when we were in America was in a very bad Condition, owing intirely to the attention our Steward gave to his own affairs and none to ours. Thus my Most respectable and kind friend I must intreat you to write a private and pressing Letter to My Cousin Burwell and desire him to let you know the following particulars. What quantity of Stock of all kinds we have upon each Quarter as My Estate is divided into Six parts. Arches Hope, Cheapokes, College Quarter, Rich-Neck, Drinking-Swamp, Deep Spring, and Three Houses in Williamsburg. I wish to know the Number of Houses, Negroes, the Names of the Tennants, the Number of Acres, the Number of all the Cattle, and the Number of the Overseers, and the Number of the Carts, and Waggons &c. at Each Quarter; and also what the Steward is yearly paid for the Care of the Estate, and the wages of the each Overseer and what the Ammount of the taxes that are yearly paid; for the Estate, and what the different things are, that pay taxes, and as near as possible what the yearly Income may be. We should be obliged to you to advise Colo. Burwel not to send an[y] more tobacco to this Country as all the profites go to the Merchant and the King. By Complying with My desire, we shall know the true State of our affairs in Virginia, and be able to regulate them properly, that in case I should die, I may have put them, in such good order, through your means, that Mr. P. and My daughter shall have no trouble in the Management of their affairs. I fear, I have taken a very great liberty with you, but knowing the sincerity of your Excellencies Heart, for Mr. P., and Myself to be put into an Easy, and respectable Situation, I have taken the liberty to beg of you to write a private Letter to Colo. Burwell, that our Steward may not suspect that it is for us, to get [94]

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after all our Misfortunes a Comfortable Subsistance, such as we have a right to. I Beg Your Exelencies kind exertions in what I have desired; you will make Me beloved by My Husband, and respected by our friends. Mr. P., is never drunk but is at present indisposed. He loves, honours and respects you, and feels with gratitude the attentions you are so good as to honour Us with. We join in affect, and Love to you, and your amiable family. I beg leave to acquaint you that the Peace between the Russians and the Turks was concluded on the 29 of Deer. 1791 old Style which is the 9th. of Janry. New, with a full grant of all that the Russians demandes both from the Turks, and the English. Adieu our protector and best of Friends, and may every action of yours be Crowned with Success. I have the Honour to be your Exellencies Grateful Humble Servt., L U C Y PARADISE Please to direct your Letters for Us at No. 87 Titchfield Street. Queen Ann St. East R C ( D L C ) ; addressed: "To His Excellency Thomas Jefferson Secretary of State of the United States of North America at Philadelphia. Febry the 1st. 1792"; postmarked: " D F E 1 92"; endorsed by T J as

received 10 Apr. 1792 and so recorded in SJL. T J ' s last letter to the Paradises was dated 26 Aug. 1791.

From Thomas Mann Randolph, Jr. DEAR SIR

Bizarre Feb: 1. 1792.

We were rendered happy last night by the receipt of a packet con­ taining all your letters and Pollies from the 20th. of November. Since the 28th. of that month on which day we left Monacello they have been accumulating there: they were not sent after us because it was uncer­ tain where we were, and our constant intention of returning in a few days, defeated continually by the kindness of our friends, prevented our taking measures for geting them immediately from Richmond. Yours of Dec: 18. I regret much not having received sooner: I have written to Mr. David Randolph, requesting the information you desire and shall send Bob tomorrow morning with the letter, but my knowl­ edge of Colo. Dicks negligent character makes me fear you will not be satisfied. We set out certainly on the 5. for Monticello, from whence I shall write very particularly, without loss of time. We are all well and never cease to think with the most tender anxiety of your health and Pollies. Your most aff. friend & Servt., TMRANDOLPH R C ( V i U ) ; endorsed by T J as received 11 Feb. 1792 and so recorded in S J L .

[95}

To George Washington Feb. 1. 92. T h : Jefferson sends to the President a letter he received from Mr. Hammond, with the general sketch of an answer he had proposed to write to him. He will have the honour of seeing the President on the subject to-day. R C ( D N A : R G 59, M L R ) ; endorsed by Lear. T r ( D N A : R G 59, S D C ) . Not recorded in S J L or S J P L . T h e G E N E R A L S K E T C H of T J ' s reply to Hammond's letter of 30 Jan. 1792 has not been found, but see the final draft at 2 Feb. 1792.

To George Washington Wednesday morning [1 Feb. 1792] Mr. Ellicot having sent the inclosed letter from Roberdeau for the perusal of T h : Jefferson, he thinks the 1st. page and 2 or 3. lines of the 2d. worth reading by the President. The rest contains communications of small news. He has learnt that Majr. Lenfant, after his conversation with T h : J . wrote to Roberdeau to continue 50. hands; which shews he means to continue himself. Is the President's letter for Mr. Pinkney ready? T h : J . has sent a duplicate and triplicate to New York to go to Charleston by different vessels, there being several advertised there for that port. He reserves the first copy to go by post. R C ( D N A : R G 59, M L R ) ; addressed: "The President of the United States." T r ( D N A : R G 59, S D C ) . Not recorded in S J L or S J P L .

Washington's 16 Jan. 1792 letter to Thomas Pinckney about his diplomatic appointment is in Fitzpatrick, Writings, X X X I , 460.

From Joel Barlow SIR London Feby. 2d. 1792 I take the liberty to present you with a short treatise of mine on the present circumstances of Europe, which by a kind of moral reaction may stand a chance to be of some use in America; as a habit of reflecting on the subjects here treated may induce us to prize such of our own institutions as are good, and to improve those that are defective. I hope to sail for America in a short time; perhaps even before I shall be able to publish the second part of this work which I [96]

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have promised. I am, Sir, with great respect & gratitude, your Obt. Servt.,

J . BARLOW

R C ( D L C ) ; endorsed by T J as received 16 Apr. 1792 and so recorded in S J L . Barlow's S H O R T T R E A T I S E was the first part of his celebrated Advice to the Priv-

ileged Orders, in the Several States of Europe, Resulting from the Necessity and Propriety of a General Revolution in the Principle of Government (London, 1792). See Sowerby, No. 2828.

To George Hammond SIR Philadelphia February 2d. 1792 On the receipt of your letter of the 14th. of December I communi­ cated 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 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 the 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, P r C ( D L C ) ; in Remsen's hand; unsigned. Recorded in S J L as pertaining to "gazette misrepresentations." Henry Knox's S T A T E M E N T is printed in Carter, 7err. Papers, ii, 359-66.

[97]

From Daniel L. Hylton D E A R SIR Richmond Virginia Feby. 2th. 1792 Your esteem'd favour of 8th. last month I received, with the Bill for your son in law Mr. Randolph, who was here at the time and delivered it to him. Since the rect. of your favour have made diligent search for your tobo, but cannot find more than the two Hhds. mentioned to you in my last. The bearer Mr. Pope who will deliver you this, is now on his way to Philadelphia to solicit a commission from congress to go against the Indians and who was in the last action under Geni. St. Clair. His conduct, as I am informd, in that engagement, merits the esteem of his country and flatter myself from the credentials he carrys with him, will receive your countenance and every friendly service you can render him on this occasion. Mrs. Hylton unites with me in wishing you & yours every happiness & am dear Sir your friend & Servt.,

DANL. L . HYLTON

R C ( D L C ) ; endorsed by T J as received 12 Feb. 1792 and so recorded in S J L . Apparently T J rendered Percy Smith the service requested. On 12 Mch.

POPE

President Washington appointed him to the army's artillery battalion ( J E P , I , 112, 115; see also Knox to Lear, 27 Feb. 1792, and reply of same date, D L C : Washington Papers).

From Daniel Carroll D E A R SIR

George T o w n Feby. 3d. 1792

Yr. favor of the 27th. Ulo. came to hand Yesterday. When the Commissioners were compelled to discharge Mr. Roberdeau, they employ'd a careful person with instructions "to pay attention in a very particular manner to the posts and Marks in the federal City, as their being distroyd or misplacd may occasion a repetition of heavy expences besides delay equally injurious." In addition to what the Commissioners did, I have thought it pru­ dent to send for a Mr. Orm who was employd by Mr. Ellicot, as an assistant in surveying and fixing the Stakes to go over the ground occa­ sionally with Mr. Williams, the person we have employd, and I will myself pay all the attention in my power to this important object. Mr. Orme may not possess all the knowledge wishd for on this occasion, but it is the best now to be done. Mr. Williams will make his dayly visits to see that the Stakes are kept secure in their proper positions. I have reason to believe Mr. Johnson will be with you before this getts to yr hands. I beg leave to refer to him for many matters, and to [98]

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subscribe myself Dear Sr. with great esteem, Yr. respectfull & Obt. Servt,

DANL. CARROLL

R C ( D L C ) ; endorsed by T J as received 9 Feb. 1792 and so recorded in S J L , where Carroll's letter is erroneously dated "July 3."—an obvious error of transcription rather than of transference since Carroll's "Feby." is easily mistaken for "July."

Elisha Owen W I L L I A M S was Isaac Roberdeau's replacement as engineer of the Federal District (Commissioners to Williams, 10 Jan. 1792, D N A : R G 42, D C L B ) . Thomas O R M E served as Ellicott's assistant surveyor.

From William Vaughan D E A R SIR

London Feb 4. 1792

I have through my Brother sent you the second part of a Collection of papers on Naval architecture, which you will please to accept of. From the interest you take in concerns of this nature, both from your situation and inclination, you will find some of them will give you pleasure. A Liberty has been taken with some communications from yourself to a friend, which found its way to the Society, and were read with great satisfaction. These publications though not under the immediate authority of the Society, are collected by some of its leading members, in order to give and invite information from all quarters and countries. America, from converting her Woods into Shipping, has gained an experience in the art of building that even older countries might in many cases avail themselves of with advantage. If similar Societies should be formed with you, I shod, be much obliged to you for your communications on a Subject that promises eventually to encourage the freedom of commerce, and general civilization. I hope it is not a visionary wish to hope that commerce and civilization may banish wars and vulgar prejudices, and leave countries little to do beyond the exchange of wants and the communication of knowledge. I am with respect Sir Your most obedient humble Servant, WM. R C (MoSHi); endorsed by T J as received 15 Apr. 1792 and so recorded in SJL. It is unclear when T J received the first part of A Collection of Papers on Naval Architecture, originally communi­ cated through the .. . European Magazine, Parts i-m (London, 1791-1800), the only part he sold to the Library of Congress in 1815 (Sowerby, No. 1227). Moreover, no evidence exists to indicate whether John

VAUGHAN

Vaughan ever gave T J the S E C O N D P A R T . The third part was given him in 1801, and T J indicated he would deposit it in the office of the naval secretary (John Vaughan to T J , 19 Nov. 1801; T J to Vaughan, 24 Nov. 1801). T H E S O C I E T Y for the Improvement of Naval Architec­ ture, to which both William and Benjamin Vaughan belonged, was founded in April 1791, and it may have been T J ' s letter to Benjamin Vaughan, 27 June 1790, on the preservation of submarine timbers that

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was read to the Society and revealed to William Vaughan T J ' s interest in naval architecture ("An Address to the Public From the Society for the Improvement

1792

of Naval Architecture," bound with The European Magazine and London Review, X I X [1791], 4, 15).

To George Washington SIR Philadelphia February 4th. 1792 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 it's proper organ is valid, 'till revoked by their will declared through it's proper organ also. Between 1776 and 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 and doing other Executive acts. The laws and appointments of the antient Congress were as valid and permanent in their nature, as the laws of the new Congress, or appointments of the new Executive; these laws and 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 and some [100]

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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 and officers before appointed. Wherever by this instrument, an old office was superseded 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 his 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 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 discontin­ ued? 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 and services, manifested that their continuance of him was in consideration of these, and of his advanced years and infirm state, which render it impossible for him to launch into a new line of gaining a livelihood; and they thought the continuance of a moderate competence to him for moderate services, was more honorable to the U.S. than to abandon him, in the face of Europe, after and under such circumstances.—I have the honor to be, with sentiments of the most profound respect and attachment, Sir Your most obedient & most humble servant. T H : JEFFERSON R C ( D N A : R G 59, M L R ) ; entirely in Remsen's hand, except for signature; endorsed by Lear. P r C ( D L C ) . F C ( D N A : R G 360, D L ) . T r ( D N A : R G

59, S D C ) . Entry in S J P L reads: "Feb. 4. T h : J . to G . W . Letter respecting Dumas, Nation the source of authority."

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T J ' s letter achieved its intended effect. Washington, who was himself uncertain of Dumas' precise diplomatic status, hav­ ing described him in 1788 as "the former agent of the United States at the Hague," referred this letter to Attorney General Randolph on this date. Randolph submit­ ted a legal opinion to the President, who forwarded it in turn to T J . Randolph's opinion has not been found, but presum­ ably it supported T J ' s view of the legality and expediency of Dumas' employment by

1792

the federal government, since Dumas con­ tinued to serve as a sort of unofficial Amer­ ican agent at T h e Hague until his death in 1796 (Washington to Gouverneur Mor­ ris, 28 Nov. 1788, Fitzpatrick, Writings, X X X , 142-3; Tobias Lear to Edmund Ran­ dolph, 4 Feb. 1792, D N A : R G 59, M L R ; Lear to T J , 15 Feb. 1792, R C in D L C ; endorsed by T J as received 15 Feb. 1792; Dft in D N A : R G 59, M L R ; F C in D N A : R G 59, S D C ) .

To Daniel L. Hylton DEAR SIR

Philadelphia Feb. 5. 1792.

My letters to you are always letters of trouble. To lessen it I will omit all preface. Having occasion for a servant boy, who can shave, dress and follow me on horseback, and none such being to be had here, I have thought of a small French boy, Joseph, who came from Europe with Mr. Skipwith, lived sometime with Mr. Randolph my son in law, and is now with a barber in Richmond. I will thank you to engage him to come to me immediately. The wages of such a boy here are 4. or 5. dollars a month generally. I would propose to give him 5, 6, or even 7. but not further, nor indeed so far if you can get him more reasonably. He will be fed and lodged, and have a livery, and it will be expected he should be aiding to do every thing in the house. I will moreover pay his passage in the stage, to which, if you find it necessary, you may add a moderate and fixed stipulation for his subsistence on the road. I wish him to come on immediately, and will ask information from you as soon as you find whether he will come or not. A change in the weather here has made such progress in thawing as to hold up a hope that the river will open. Present me affectionately to Mrs. Hylton & be assured yourself of the sincere esteem of Dr. Sir your friend & servt., T H : JEFFERSON P r C (MHi).

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To Martha Jefferson Randolph M Y DEAR M A R T H A

Philadelphia Feb. 5. 92.

I was prevented writing to you last week by a bad cold attended with fever: and this week I have nothing to say but that I find myself nearly well, and to repeat the assurances of my love to you. Maria is well, and has come to a resolution to write to you no more. Whether this arises most from resentment or laziness I do not know. Mr. Randolph's last letter received was of Dec. 29, yours of Nov. 29. In my last to him, knowing that Clarkson could not write, I asked the favor of him to communicate to me from time to time the progress of my affairs. I wish much to know whether my wheat is getting to market, and the debts for which it was destined paying off? negroes clothed &c. Adieu my dear your's affectionately, T H : JEFFERSON R C (NNP). Neither the letter from Martha, recorded in S J L as received 22 Dec. 1791,

nor that from Thomas Mann Randolph, J r . , recorded in S J L as received 7 Jan. 1792, has been found,

To Richard Harrison SIR Philadelphia Feb. 6. 1792. On examining the papers of Mr. Short I find he has made the following draughts on my account on Messrs. Willinks V . Staphorsts & Hubard, to wit.

/ 1790. Aug. 21. for

,

2200- O l 2203— 1 Sep. 22. for 1328-17 Dec. 30. for 2199-5 Besides these I drew on advice with the Secretary of the Treasury Aug. 4. 1790. for 4036—florins courant. These I believe constitute the whole of the credits of the bankers on my account subsequent to the paper I gave in to you. Perceiving, on the receipt of the papers of Mr. Short that he had drawn beyond the balance due to me by 1004 D o l . 54 Cents I immediately enabled him to replace that sum in the hands of the V . Staphorsts & Hub. to whom I gave orders to credit the U . S . that amount in the accounts of Willinks, V . Staph. & Hubard, and to furnish me a voucher for the same. This transaction however is too recent for it to appear in the account of the bankers now under your b

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a

n

c

o

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examination.—I have the honour to be with great esteem, Sir Your most obedt. humble servt., T H : JEFFERSON P r C (MHi).

From George Washington [7? Feb. 1792] The enclosed came to my hand yesterday evening—I have heard nothing more of Mr. Johnson.—I wish the business to which these letters relate, was brought to an issue—an agreeable one is not, I perceive to be expected. R C ( D L C ) ; addressed: "Mr. Jefferson"; endorsed by T J as received 7 Feb. 1792 and recorded in S J P L , where the letter is described as pertaining to "Federal city." The E N C L O S E D letter was probably L'Enfant to Washington, 6 Feb. 1792, in which L'Enfant defended Roberdeau

for following his orders, and demanded that he be given the "power of effect­ ing the work with advantage to the publick, and credit to myself ( L ' E n ­ fant to Washington, 6 Feb. 1792, D L C : Digges-L'Enfant-Morgan Papers, par­ tially printed in Kite, VEnfant and Wash­ ington, p. 133).

To George Washington SIR Philadelphia February 7th. 1792 An account presented to me by Mr. John B . Cutting, for expendi­ tures 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 trans­ actions 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 £ 5 0 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. [104]

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According to this the oppression extends to a much greater num­ ber of our citizens, and their relief is more costly than had been contemplated. It will be necessary to lay the account before the legis­ lature; 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 evi­ dence 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 those 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 desireable 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.—I have the honor to be with sentiments of the most perfect esteem & respect, Sir, Your most obedient & most humble servt., T H : JEFFERSON R C ( D N A : R G 59, M L R ) ; in Remsen's hand, except for complimentary close and signature in T J ' s hand; endorsed by Lear. Enclosure: "The United States in account with John Brown Cutting," 30 Jan. 1792, in which Cutting claimed that he had expended $6,786.41 "in behalf of impressed american seamen" and paid $555.78 in interest for the same purpose between 19 June and 22 Oct. 1790; that he had received $226.67 from T J on 12 Feb. 1791 and earned $13.11 in interest on it; and that in sum the United States government owed him $7,102.41. P r C

( D L C ) . F C ( D N A : R G 360, D L ) . T r ( D N A : R G 59, S D C ) ; lacks statement of accounts. Entry in S J P L reads: "[Feb. 7.] T h : J . to G . W. Letter on J . B . Cutting's accounts." T J also enclosed a letter of transmittal for Washington to the House of Representatives dated 7 Feb. 1792, entirely in Remsen's hand (Dft in D N A : R G 59, M L R ; P r C in D L C ) ; Washing­ ton submitted an almost identical letter the next day to the Senate and House of Rep­ resentatives (Fitzpatrick, Writings, xxxi, 477).

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Despite T J ' s support, Cutting failed to obtain the compensation to which he felt entitled. His assistance to over 700 Amer­ ican seamen who were either impressed or threatened with impressment by the British had occurred during the Nootka Sound crisis in 1790 when he was in London. Yet his efforts to obtain full reim­ bursement for his expenditures on their behalf suffered from two serious defects, the most serious of which was his inabil­ ity to produce O R D I N A R Y R U L E S O F E V I ­ D E N C E in support of his claims. He lacked the necessary vouchers because many of his actions and expenditures had been con­ trary to British law. "In order to extricate American seamen from the tyranny of a British impress," as he later explained, "it was necessary, not only to exercise all the faculties of the mind, and all the strength of the body, but also, to engage English­ men in enterprizes obnoxious to the penal laws of the kingdom; to invite the civil­ ities of subordinate officers by pecuniary gratifications; and, in short, to insure suc­ cess, for so interesting an undertaking, by the seasonable application of bribes" (John Brown Cutting, Facts and Observations, Justifying the Claims of John Browne Cut­ ting, Citizen of the United States, against the United States; in a Letter Addressed to the Secretary of State [Philadelphia, 1795], p. 5-6). Compounding this problem was Cutting's failure to dispel suspicions that a person in his comparatively modest finan­ cial position could not possibly have made

1792

expenditures of the magnitude he claimed. Only later did he reveal that he had relied on a commission received as an agent of a Dutch banking house and on loans from sympathetic Americans in Europe, includ­ ing William Short (same, p. 50-5). These shortcomings were primarily responsible for Congress' reluctance to give Cutting full satisfaction for his claims. Responding to T J ' s plea, the House of Representatives passed a bill by the nar­ rowest of margins—23 to 22—that paid $2,000 to Cutting and authorized T J to submit another report on the remainder of Cutting's claim. T h e Senate concurred in this bill and the President signed it into law on 8 May 1792. T J , who contin­ ued to be strongly sympathetic to Cutting, thereupon instructed Thomas Pinckney to assist Cutting in finding verification for his claims. But Pinckney became too preoc­ cupied with other more pressing business, and Cutting was finally forced to issue an ultimately unavailing appeal to Timothy Pickering, one of T J ' s successors as Sec­ retary of State, for payment of the balance of his claim ( T J to Pinckney, 11 June 1792; Cutting, Facts and Observations, p. 1-2; J H R , I , 503, 597, 601, 605, 606; J S , I , 387, 440-4). Cutting had written T J on 1 Jan. 1792, recorded in S J L as received 17 Jan. 1792 and noted as being from Philadelphia without explanation of the delay in receipt. This letter has not been found.

From William Short D E A R SIR

Paris Feb. 8. 1792

Since my last of the 25th. ulto, sent by the way of Havre I have received the letter which Mr. Remsen wrote to me by your order on the 9th. of Dec. I have heard nothing as yet of your letter of Aug. 29. alluded to in yours of Nov. 24. I apprehend therefore it must be lost, and I fear the same fate for others you must have written about the 18th. of Dec. as Mr. Howell who arrived here a few days ago tells me that he called on you for your dispatches previously to his leaving Philadelphia on that day, and that you informed him you had just sent them by another opportunity. As yet they have not been received. [106]

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Nothing further has transpired with respect to the Bishop of Autun's mission, mentioned in my last, that is of any importance or can be relied on, and I suppose it useless to give you the various conjectures of the public. In the letters which he writes to his friends here he expresses satisfaction with the manner in which he has been received both at court and by the ministry. The treatment of M . de Segur at Berlin has been so different as to have given rise to a very extraordinary circumstance. It is certain that the King of Prussia shewed him public marks of ill treatment and that the same were repeated by the rest of the Royal family, and a secretary whom M . de Moustier left at Berlin wrote him an account of this and added that M . de Segur had attempted to put an end to his life by stabbing himself three times, that the surgeons called to his assistance were yet uncertain whether the wounds were mortal, and other details which M . de Moustier thought himself obliged to communicate to the minister of foreign affairs confidentially. From him it got into the public and was not questioned in Paris during two days when letters arrived from M . de Segur written three days after the attempt was said to have taken place. As nothing was mentioned of the affair by any letters arriving from Berlin except those of the Secretary, it is now disbelieved by most people and particularly the friends of M . de Segur, and of course M . de Moustier much censured. In this state the affair has now continued for near fifteen days. I apprehend however the Secretarys letter was true, and that the silence of others on this subject comes from its having been agreed to keep it secret on its being found that the wounds were slight. M . de Segur is now on his return here. I need not add after what I have said, that his mission has totally failed. It has seemed only to reduce to certainty the determination of the court of Berlin to act fully in concert with that of Vienna. The Emperors answer is expected very shortly to the demand of this country to satisfy them with respect to his intentions towards them. Every day serves to shew that this country is less and less in a condition to make war, and that the determination of the assembly to provoke it increases. Internal disorders throughout the Kingdom arising from the mul­ tiplied sources of anarchy become daily more inevitable and more alarming. The number of the discontented augment and shortly all who have any thing to lose, will consider any kind of government that shall have force to protect them from the multitude who have nothing, preferable to the form which exists at present, and which exists only in form, being substantially violated every day in some of its parts. A circumstance which gives a good deal of uneasiness here is its [107]

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having been found that piques are fabricating in many parts of Paris. The club of Jacobins speak often of the necessity of the peoples arming themselves as in the beginning of the revolution, of the countrys being more than ever in danger &c. It cannot be discovered by whose orders these piques are made or at whose expence. They are for the most part in the hands of the lowest and poorest class who are not inscribed on the roll of garde nationale as not being citoyens actifs. Although their being armed is against the law, the municipality does not undertake to disarm them. The piques are said to be fabricated in order to be used against the aristocrats and enemies of the country. But as in their language all those who attempt to suppress mobs are placed in that class, it is much to be apprehended that in the progress of the business a conflict will be commenced between them and the garde nationale. There is probably a mixture of chance and design in the formation of this new kind of army. Accident has perhaps given rise to the first fabrication of this instrument, and the club des Jacobins have seized the idea with the design of having an armed force at their orders for the execution of the decrees which they form in their meetings. I found from the address of the deputies of S. Domingo to Congress published in the American papers that the decree for abolishing the droit d'aubaine, which I formerly announced to you was not known in that Island. I wrote to the minister of the marine on the subject and have the honor of inclosing you his answer. The diplomatic medals ordered so long ago and delayed so unexpectedly for the reasons already given to you have been at length completed and delivered with their chains, that for M . de la Luzerne, to M . de Montmorin, and that for de Moustier to himself. I inclose you copies of their prices. The originals with the receipts remain in my hands, for your directions. They were paid for together with 2400 . to the engraver Dupré, by a draught on the bankers at Amsterdam. The whole amounted as you will see to 14570 . the exchange 32-|-. made /3946.1. The nominal price of the chains was more than 6^. and 13 . 10. Gold having risen on account of the assignats, but the exchange having lowered in a greater proportion the price is less in florins than it would otherwise have been. The gold employed on the chains was of 20. Karats, the usual alloy, and weighed the first 4. 5°. 4£. 31. and the second 1. 6. 4 grs. The gold of the medals was finer, according to usage. I had only two golden medals struck. T h e six of Bronze will await your orders. I fear my letter will have partaken of the disorder in which I am myself, being much indisposed within these few days. It obliges me to tt

tt

tt

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refer you to the newspapers for any public events which I may have omitted.—I have the honor to be most respectfully your obedt. servant, W: P r C ( D L C : Short Papers); letter only; at head of text: "No. 94"; at foot of text: "Thomas Jefferson Secretary of State Philadelphia." Recorded in S J L as received 5 May 1792. T r ( D N A : R G 59, D D ) ; enclosures in French: (1) Bertrand de MoUeville to Short, 5 Feb. 1792, stating that the 17 Apr. 1791 decree of the National Assembly abol­ ishing the droit d'aubaine in the French colonies had been sent to Saint-Domingue with the civil commissioners; that the decree had undoubtedly been published after the commissioners arrived in SaintDomingue at the end of November; and that France was grateful for the assistance of the United States in opposing the slave

SHORT

rebellion on the island. (2) Lagrange to Short, 31 Jan. 1792, describing expendi­ tures of 3630* for two gold and six bronze medals. (3) Undated "Memoire" describ­ ing expenditure of 2620* for a "Petit chaine" and 5920* for a "Grande chaine." At T J ' s request, Henry R E M S E N had written a brief letter to Short on 9 Dec. 1791 enclosing a newspaper account of the defeat of Arthur St. Clair's Indian expedi­ tion ( D L C : Short Papers). For a discus­ sion of the background of the D I P L O M A T I C M E D A L S , see Editorial Note on Jefferson's policy concerning presents to foreign dip­ lomats, at 20 Apr. 1790.

From George Washington Thursday Morng. [9 Feb. 1792] The P requests that Mr. J would give the enclosed letter and papers a reading between this and dinner—and come an hour before it, that he may have an opportunity of conversing with him on the subject of them. Mr. Walker of George Town is in this City—from him; if Mr. J could contrive to get him to his house, he might learn the sentiments of the people of that place, Carrolsburg &ca.—with respect to the dispute between the Comrs. and Majr. L'—and generally of the State of the business. R C ( D L C ) ; addressed: "Mr. Jefferson"; endorsed by T J as received 9 Feb. 1792 and recorded in S J P L .

George W A L K E R proved to be an inef­ fective go-between (see Editorial Note on fixing the seat of government, Vol. 20: 61, 69, 70).

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From David Humphreys Lisbon, 11 Feb. 1792. Since his last of 1 Feb. it has become a matter of public knowledge here that the Queen has been "so afflicted with disease of body and disorder of mind as to render her totally incompetent to the discharge of the ordinary functions of government." She returned from Salvaterra to Lisbon a little over a week ago and the diplomatic corps attended at the palace the next day to inquire about her health. The diplomatic corps did not see her then and has since gone to the palace daily without learning anything significant about her condition from official sources.—After careful investigation "I conclude Her Majesty's Malady is the result of a relaxation of the nervous system and religious melancholly. She suffers from a depression of spirits, often bordering on despair. In her delirium which has not been accompanied with signs of rage, except against herself, She sometimes continues shreiking for a considerable period, and expects to be eternally miserable, for having exercised a government, with the duties of which she was unacquainted." She has also fallen prey to superstitious fears instilled in her by her confessor of which certain religiousfiguresseek to take advantage. Before leaving Salvaterra she ordered the religious order now at Mafra to prepare to make way for the Franciscans, who had been displaced by the Marquis de Pombal. At present she cannot endure the sight of her confessor.—Dr. Willis has been sent for, women accustomed to treat maniacs have attended the Queen, consultations by twenty physicians are held daily, and prayers for the restoration of her health are offered continually in the churches. Meanwhile the ministers are put in an awkward and embarrassing position since, in an absolute government, even the most minute act is done in the name of the sovereign. The Prince of Brazil has behaved correctly throughout the crisis and everyone expects him to assume the office of regent. This measure is said to have been proposed by the ministry and the official instruments are reportedly ready for the Queen's signature during herfirstlucid moment. If the Queen had died, there would have been great changes in the government, but in the present situation most ministers will probably remain in office and change will be gradual.—He just conversed with the Duke of Alafoñes, who is a more dependable source of information than the royal chamberlain. "I fear there is little reason to expect her recovery. Among other things he told me, he went to the Palace twice a day, to have verbal communications with the Prince, 'as there is no Minister who can now say the Queen orders.' " R C ( D N A : R G 59, D D ) ; 6 p.; at head of text: "(No. 45)"; endorsed by T J as received 14 Apr. 1792 and so recorded in S J L . T r (same). Humphreys' dispatch No. 46, dated 14 Feb. 1792, informed T J that in the evening of 11 Feb., the Prince of Brazil announced that he "was at length pre-

vailed upon to take the reins of Government into his hands." He enclosed the official papers he had received on this subject ( R C in D N A : R G 59, D D ; endorsed by T J as received 14 Apr. 1792 and so recorded in S J L ; T r in same. Enclosures, in Portuguese: Luiz Pinto de Sousa to Humphreys, 12 Feb. 1792, and statement by Manuel de Sigueiredo, 10 Feb. 1792).

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From Tobias Lear Saturday Morning 1 It. Februay 92 T . Lear has the honor to inform Mr. Jefferson that the President considers the 22d. day of this month as his birth day, having been born on the l i t . old Style. T . Lear further adds, that the President does not expect to See any Company today on the above occasion—and moreover, that the President's birth day was last year noticed in this City on the 22d.— and T . L . has understood, in an indirect manner, from some of the Gentlemen of the City that the same day would be observed this year. R C ( D L C ) ; endorsed by T J as received 11 Feb. 1792 with following comment written beneath the date: "on the President's true birth day."

From George Washington DEAR SIR Saturday 11th. Febry. [1792] If you and Mr. Madison could make it convenient to take a family dinner with me to day—or, if engagements prevent this—wd. come, at any hour in the afternoon most convenient to yourselves we would converse fully, and try to fix on some plan for carrying the Affairs of the Federal district into execution. Under present appearances it is difficult, but it is nevertheless nec­ essary to resolve on something. Yrs. sincerely & Affectionately, Go: W A S H I N G T O N R C ( D L C ) ; addressed: "Mr. Jefferson"; slightly mutilated, so that part of the endorse­ ment showing date of receipt is lost; recorded in S J P L under 11 Feb. 1792.

[ini

From Daniel L. Hylton D E A R SIR Richmond Virga. Feby. 12th. 1792 Your letter of 5th. inst. came to hand last night and wish in future never to consider any little service I can render you here a trouble to me, be assured it ever gives me pleasure whenever an opportunity offers to aid and assist those whom I profess a friendship for. In consequence of yr. letter I made application to the French boy Joseph, who I found had set up his trade in this place. I communicated your letter to him who appeard perfectly willing to serve you at 6 dollars per month altho he informd me he was making 15. After expostulating with him, the wages he wd. receive from you with his cloathing, he wd. find it more to his interest in accepting your offer then the wages he got here after deducting his cloathing and board. He wishes to go round to his customers and make a collection of what money he has due before he leaves this which expect may be done in two or three days, when I will furnish him with money for his stage hire and other little expences. Mrs. Hylton joins me in every wish for the happiness and welfare of you & yours am Dr. Sir Your Fd. & St., DANL. L . HYLTON

P.S. In my former letter I advisd you the rect. of yrs. inclosing a bank note which I delivd. to Mr. Randolph who was here at that time. Tell Mr. J . W. Eppes they were well at Eppington yesterday. Mrs. H . Unites with me in every happiness to him.—I take the liberty of troubling you with the inclos'd and beg the favour of you, to send it by a safe conveyance. R C (MHi); endorsed by T J as received 19 Feb. 1792 and so recorded in S J L .

From Madame d'Enville Paris ce 13 février 1792. J'ai reçu, Monsieur, votre beau présent de graines, ceux qui verront les arbres qu'elles produiront vous béniront tant que la montagne de la Rocheguyon subsistera, Heureusement nous avons un jardinier bien en état de les faire prospérer et vous croyez bien qu'aucun soin ne sera négligé; elles nous Seront d'autant plus précieuses qu'elles nous viennent d'un homme que nous révérons, d'un vrai philosophe dans toute l'étendue du terme. Hélas! Monsieur, combien de fois depuis [112]

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votre départ ai-je regrèté votre absence. Vous vous Souvenez combien vos profonds raisonnemens et vos Sages conseils faisoient couler dans mon ame une petite partie du baume dont votre raison et vos vertus ont toujours imprégné la Votre. E h , Monsieur, envoyez-m'en une petite phiole, le besoin est impérieux et laissez-nous M . Short. L e Congrès ne doit pas douter de la bonne conduite d'un homme élevé sous vos yeux. Mon fils, qui est toujours président du département et fort occupé, vous prie instament de ne le point oublier. Il soutient toutes ses fatigues bien mieux que je n'aurois osé l'espérer. Ma belle fille et Charles vous prient de recevoir leurs hommages, et moi, Monsieur, je Vous demande de Nous rappeller quelquefois une personne qui est pénétrée pour vous d'estime et de Vénération. LAROCHEFOUCAULD D'ENVILLE

Ma lettre étoit à peine cachetée, Monsieur, lorsque nous avons appris avec une Vraie douleur que le Congrès nous enlevoit un ami que vous nous aviez donné, dont la conduite lui a aquis la considération de tous les partis. L a réputation qu'il s'est fait ici nous donnoit toute sorte d'espérance de le conserver. Ses opinions et ses Sentimens sont dignes du païs ou il a prit naissance. Ce n'est seulement pas ma famille qui s'afflige de son départ, tous ceux qui le connoissent le regrètent et tous les honnêtes gens sont surpris du Successeur qu'on lui a donné, non que l'on ne rende justice à son esprit et à ses talens, mais ses opinions diffèrent tellement de celles qui prévalent aujourd'hui que l'on suppose le Congrès peu au fait de ce qui se passe chés nous. L'assemblée nationale est si fortement prononcée sur des opinions entièrement opposées à celles que professe votre Successeur que j'oserois presque dire que si ceux qui l'ont nommé avoient été bien instruits ils l'auroient envoyé en Hollande et auroient laissé en France un jeune homme qui a toute la maturité que l'on peut lui désirer, toute la raison jointe à l'esprit le plus conciliant. R C ( D L C ) ; addressed: "A Monsieur Monsieur Jefferson, Ministre des affaires étrangères, à Philadelphia. Amérique Septle."; endorsed by T J as received 29 May 1792 and so recorded in S J L .

From Joseph Fenwick Bordeaux, 13 Feb. 1792. He encloses a report on American ships entering and clearing this port for the last half of 1791. Thefiguresfor outward cargoes are somewhat inexact for want of means to obtain more precise information. [113]

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He has included American produce brought here by French vessels. He also includes a report on arrivals of American ships at Bayonne, "the only place where any American vessels have discharged within my district." Joseph Lamoliate, his agent in Bayonne, has not been recognized by that city because of the failure of the minister of foreign affairs to issue his exequatur. He has not renewed his request for Lamoliate's exequatur, this "not being a time to repeat an application for things not very important."—He wrote on 2 4 Dec. 1791 by Captain King of the Sally and sent a duplicate by the Perseverance Boys, but since then has received no letters from T J . The French political situation remains doubtful. Public credit and confidence are on the decline. Specie is 35 and 5 0 pet. better than assignats, and the exchange rate in England is 5 1/2 sterling per livre, nearly the same as in Spain and Holland.—Preparations for war continue but without the certainty of a rupture. The French emigrants are helpless without the aid of the Emperor, who is perceived by the National Assembly as an enemy of the revolution.—French commerce is now languid because of colonial problems and the difficulty of making remittances from France. This situation is expected to change for the better in a few months.— He encloses "by particular request, the procès verbal of the Club of the friends to the Constitution, of Bordeaux." R C ( D N A : R G 59, C D ) ; 3 p.; at head of text: "The Honorable Thomas Jefferson Esquire Secretary of State Philadelphia"; endorsed by T J as received 4 May 1792 and so recorded in S J L . R C (same); at

head of text: "Copy"; endorsed by T J as received 25 Aug. 1792 and recorded in S J L on that day with notation "no date." Enclosures not found.

To Samuel A. Otis SIR Philadelphia Feb. 13. 1792. I inclose you the original Memoir of Monsr. Morel with the translation of it made by the clerk for foreign languages employed in the office of the Secretary of state and have the honour to be Sir Your very humble servt, T H : JEFFERSON R C ( D N A : R G 46, Records of the U . S . Senate, 2A-F5); addressed: "Mr. Otis, Secretary of the Senate." Enclosure: letter and memorial of D . L . Morel of SaintDomingue, 7 Feb. 1792 ( T r in D L C ; in Freneau's hand). T h e original letter and memorial (missing) had first gone to the House of Representatives, but they had been forwarded on 10 Feb. to the Senate and then to T J for translation in his office ( J S , I , 388). Noting that he had been in the U . S . but six months, Morel discussed the potential threat that the American Indians posed for the nation's security. His recent visit with the Oneida Indi-

ans convinced him that they and other Indian tribes were apt to be receptive to attempts by "natural enemies" of the U . S . to turn them against it because of American violations of treaties and continual encroachments upon their lands. He proposed that alliances be made with the Indians, and that tribal lands be guaranteed by the U . S . government. Thus united to their lands, the Indians would eventually cease their nomadic habits, provide protection to an already far-flung American population by serving as a buffer, and progress toward civilization. Alliances with the Indians would be encouraged by

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intermarriage, a practice Morel noted had been used with good results by the French in Canada.

1792

ordered returned with the original doc­ uments to the House of Representatives, where on 17 Feb. it was tabled ( J S , I , 391; J H R , I , 510).

The translation forwarded by T J was

From Thomas Paine DEAR SIR London Feby. 13 1792 Mr. Kenedy who brings this to N York, is on the point of setting out, I am therefore confined to time. I have enclosed six Copies of my work for your self in a parcel addressed to the President, and three or four for my other friends, which I wish you to take the trouble of presenting. I have just heard of Govr. Morris's appointment. It is a most unfor­ tunate one, and as I shall mention the same thing to him when I see him, I do not express it to you with the injunction of Confidence. He is just now arrived in London, and this circumstance has served, as I see by the french papers, to encrease the dislike and suspicion of some of that Nation and the National Assembly against him.—Your Affectionate friend &c.

THOMAS PAINE

P . S . In the present state of Europe it would be best to make no appointments. R C ( D L C ) ; endorsed by T J as received 7 May 1792 and so recorded in S J L .

Despite Paine's disapproval of Gouv­ erneur Morris appointment as minister to France, he apparently failed to reveal his sentiments on this issue during his T J acknowledged receipt of the second part of Rights of Man in a 19 June 1792 encounters with Morris in London after writing this letter (Gouverneur Morris, A letter to Paine, printed as Document xm to Editorial Note and group of documents Diary of the French Revolution, ed. Beatrix on Rights of Man: The ^Contest of Burke Cary Davenport [Boston, 1939], ii, 368, and Paine . . . in America? at 26 Apr. 370-1). 1791. See Sowerby, No. 2826. 7

To Thomas Mann Randolph, Jr. D E A R SIR

Philadelphia Feb. 13. 1792.

Your favor of the 1st. inst. came to hand on the 11th. which is quicker than has been usual. I see by an advertisement in the Virginia papers that the post to Charlottesville and Staunton is now established, so that on your return to Monticello I am in hopes you will find a more certain and quick conveyance than we have hitherto had for our letters. [115]

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I will thank you for information of the days on which the post leaves Richmond, arrives at Charlottesville, leaves Charlottesville on his way down again, and arrives at Richmond, because this will enable me to fix the day on which my letters should leave this place.—My former letters will have mentioned to you my anxiety to get a statement of the sale of my negroes, mentioning names, prices, purchasers, and what ready money was received, also whether they are getting my wheat to market from Monticello, and to hasten my tobo, from Bedford. The illiterate character of Clarkson obliges me to trouble you for information on these subjects, and to let me know from time to time the proceedings and prospects of the current year. Maria and myself are both well. Present my tender love to my daughter and be assured of the warmest affection of yours sincerely, T H : JEFFERSON R C ( D L C ) ; addressed: "Thomas M . Randolph junr. at Monticello near Char­ lottesville"; franked. Not recorded in S J L .

From J . P. P. Derieux Charlottesville 14 Feb. 1792. He has received TJ's letter of 6 Jan. along with that enclosed from Mazzei. He thanks T J for his efforts in obtaining money on the security from Mde Bellanger, although it was an impossible task. After reading the copy of the letter of the executors that T J sent him, it is clear that they will not give up the bequest, even with his presentation of a baptismal extract and a legalized birth certificate. Although T J sent the latter item, it is insufficient. He has yet in his possession a new birth certificate which he will send to T J as soon as he goes to Richmond to have it sealed, as T J has suggested. Since he has not sent any of the credentials to the executors, he is sure that his bequest remains intact, and that they will honor his letters of exchange which, according to their letter, he is entitled to draw to the sum of 5,000 livres, due since 22 Aug. 1791, and another 5,000 livres due on 22 Feb. 1792. The only precaution he could take would be to send his credentials and an ad hoc power of attorney to the person who will meet the executors in Bordeaux. This is what Mazzei encourages, and he asks T J for his advice in the matter. He asks T J to facilitate the negotiation for his bills of exchange, to authorize an endorsement, as he did with those to be drawn upon Mde Bellanger, since T J had set the form of the exchange and agreed to handle them at Philadelphia, where, because communication with Bordeaux was better than from Richmond, he might conclude terms less disadvantageous. At Richmond he will lose 26 and 30 per cent. He asks if it is possible that the value of assignats is now lower than before the ratification of the constitution. He asks T J to do his best, but if he must lose 30 per cent he will. He would not draw on the 5,000 livres if he had other funds to live on; he would use these in hopes that the assignats' value would rebound. But the waiting time would be seven to eight months, and before then, he would be without funds. He had a bad harvest the preceding year, and he is presently without corn or forage for [116]

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his cattle, and without funds to buy these commodities. The winter is so harsh and long that no one wishes to sell forage, neither on his credit nor that of his friends. A barrel of corn now sells in his county for 20/, and Captain Thomas Carr asks 28/ in cash. Mazzei had not written in so many years that he had given up hope of receiving news from him. He had also given up hope that Mazzei would help in the matter of the executors of M. Le Roy, as Mde Bellanger reported he was so indifferent to everything not of his own concern, that she did not speak to him about his problems. But Mde Bellanger evidently thinks that, pressed on the matter and knowing that Mazzei had an old power of attorney from him, he may help; she will ask him soon. He will respond to Mazzei's letter only after hearing from Mde Bellanger, and he will not send a power of attorney to M. Paul Coindre. It would be more natural to send it to his uncle at Nantes, who is charged with his business affairs in France, than to a stranger. As to Mazzei's suggestion to buy goods in France and have them transported to Virginia, the loss in the monetary exchange would be great because French goods are not successfull in the marketplace. He might lose even more money than through the exchange rate, all in an effort to secure ready cash. He refers to a Lyon merchant, recently deceased and for whom he is an executor, having lost all his money in speculation on French mercantile goods. On the same subject Mazzei mentioned that he ought not to ignore the law that forbids the importation of slaves into Virginia. Evidently, Mde Bellanger had informed Mazzei only cursorily of the details of the trial in Albemarle County to decide the freedom of the Lyon merchant's slaves. The best lawyers believe that the suit will be decided against freedom, as the slaves will not be able to prove that they were imported after the law of 4 Nov. 1778. It also appears that Mazzei has not received his letter in which he noted that Mme Bureau, former tenant at Dreux, had been repaid the 180 livres tournois. Since he heard nothing more of it, he assumed that Mazzei was satisfied by the actions of Comte de Jaucourt regarding the debt to his tailor of 130 livres. Concerning his debts to Mazzei, they are of an entirely different nature, only being contracted in consideration of promises Mazzei did not fulfill. Mazzei told him in France, and has since written the same, that the land given to his wife was worth at least £500, valued at 9,000 livres tournois, and that to force his emigration, the donation would be valid only if he and his family went there. Had these condition not been made, he would never have left France, having no fortune nor the prospect of making one. "C'etoit uniquement Sur La valleur de cette Terre qu'il voyoit que je fondois tout mon espoir et il ne de voit pas, sachant qu'elle ne valloit rien, nous faciliter en aucune maniere, Les moyens de quitter La france, ou j'avois des amis et des parents qui m'auroient aidé, comme ils L'ont fait depuis." Shortly after he arrived in Williamsburg, Mazzei himself returned to France, telling him in the presence of Professor Bellini that he was not abandoning him, and that he would never ask for repayment of the money advanced until he became rich or Mazzei was old and might be reduced to poverty. It was then that he sent Mazzei his power of attorney. He has never written of this to Mazzei, nor will he if he can help it, because he hopes for Mazzei's change of heart. Mazzei can always retake the land, which was the reason for his indebtedness. He apologizes for the long digression, but feared that Mazzei's letter had raised doubts in TJ's mind about his intent to speedily repay all his debts. [117]

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He believes that Mde Bellanger will be disappointed at the news of Short's departure from Paris and he fears that this may disrupt his correspondence with her. He hopes that T J will ask Gouverneur Morris to aid the exchange of letters between Mde Bellanger and himself, as Short did. [P.S.] He asks that his correspondence be included in TJ's letters to Randolph. RC (MHi); 5 p.; in French; endorsed by TJ as received 23 Feb. 1792 and so recorded in SJL.

From Alexander Donald DEAR SIR London 15th. February 1792 I did myself the honor of writing you by the January New York Packet. The Principal intention of this letter is to hand you Mr. Lackington's Bill for Books, which are now on board the Pigou, I do not yet know what the Freight of the Box comes to, but it will be added to the other charges before this letter is closed, I beg you will not give yourself any trouble about paying the amount, but make it perfectly convenient for yourself. It may either be paid to Mr. James Brown of Richmond or remitted to Donald & Burton here, as you think proper. By the last advices from America, I find the prices of your Stocks have had a great and rapid Rise. I presume as you can borrow money in Europe @ 4 £ ^ Cent, you will immediately turn your attention to paying off your Six ¥ Cent Stock as fast as you can consistent with good Faith to the Publick. People here are not a little astonished at the Conduct of the Fcederal Judges who met in Richmond in Virginia last Novemr. As the Courts are open in most, if not all of the other states, they cannot see any good reason for their not being opened in Virginia also. The British Creditors expect relief from your Executive, in which I dare say they will not be disapointed.—I am with great respect Dear Sir Your Faithful & obt. Sert., ADONALD RC (DLC); a note in another hand at foot of text reads: "We have not taken a Bill Lading but forward you the mas­ ter Receipt to save you 2/6. We have not Insured it. D & B"; endorsed by T J as received 27 May 1792 and so recorded in SJL. Enclosure: Lackington's bill for books to be shipped on the Pigou, dated London 31 Dec. 1791, wasfirstmade out to Messrs. Donald & Co., then crossed out and reassigned to "Mr. Jefferson—Bot of J. Lackington"; at foot of list, clearing and

shipping charges and freight amounting to 6/ were added to the total cost of the books, £8-17-0, making a grand total of £ 9 - 3 - 0 , which Donald apparently paid on 2 Jan. 1792, as noted at bottom of sheet. The list contained the catalogue numbers, a brief title (which TJ later amplified) and the cost of each (MS in DLC). For TJ's full list and notes, see T J to Alexander Donald, 23 Nov. 1791.

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Donald's letters by the

NEW

YORK

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P A C K E T were dated 3 and 5 Jan. 1792. The British debt test case of Jones v. Walker had been presented in the U . S . Circuit Court before F E D E R A L J U D G E S Cyrus Griffin, and John Blair and Thomas Johnson. This important issue is discussed in Charles F . Hobson, "The

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Recovery of British Debts in the Federal Circuit Court of Virginia, 1790 to 1797," V M H B , xcii (1984), 187-8, but see also William Madison to James Madison, 3 Dec. 1791, Rutland, Madison, xrv, 136; and James Monroe to T J , 1 May 1792.

From William Knox Dublin, 15 Feb. 1792. Since his last letter of 17 Jan. 1792 the repre­ sentative body of the Catholic interest in Dublin has reduced its wishes to four articles. These include the rights to enter the legal profession, to become county magistrates, to serve on grand juries, and (for Catholics who own a 40/ freehold and either rent or cultivate a farm worth £20 per annum) to vote in the coun­ ties for Protestant members of Parliament. The Catholics erroneously believed that their demands were so moderate Parliament would not refuse them.— Instead Parliament met on the 19th. and brought in a bifl on 25 Jan. for the prompt relief of Catholics that deals with legal practice, restoring the power of education, permitting marriages between Catholics and Protestants, and eliminating restrictions on the number of apprentices allowed to Catholics.— The government'sfirmnessin rejecting the three principal Catholic demands has elicited many addresses thanking Parliament for supporting the Protestant ascendancy. The upper house of Parliament will probably reject the section of the bill relating to the legal profession, which is the only part of any great consequence to the Catholics, who are now much subdued even in the face of a revival of Protestant rancour against them. Parliament has wisely raised the pay of soldiers on the Irish establishment and made provision for Protestant Dis­ senting ministers.—The Irish ministry is disposed to lower the tobacco duty in order to discourage smuggling as well as increase revenues and wishes to know if the U.S. would cooperate by obliging American vessels to carry cer­ tificates specifying exactly how much tobacco they brought from America.— Many vessels from the U.S. with the usual cargoes have arrived at Dublin and the out ports since 1 Jan.; all but one of eleven such vessels now here plan to return to America this month. R C ( D N A : R G 59, C D ) ; 3 p.; at head of text: "No. 6."; the list of eleven ships, with their home ports, names, and masters is at bottom of text; recorded in S J L as received 4 Apr. 1792.

From George Washington DEAR SIR Wednesday 15th. Feby. 1792 Before I give any decided opinion upon the letter you have written to Majr. L'Enfont, or on the alterations proposed for the engraved plan, I wish to converse with you on several matters which relate [119]

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to this business.—This may be, if nothing on your part renders it inconvenient, immediately after 8 Oclock to morrow, at wch. hour I breakfast, and at which if agreeable to yourself I should be glad to see you. In the meanwhile, I send for your perusal an address from Mr. Welsh, which, (though dated yesterday) is but just received.—You will recollect the communications of Mr. Walker on Saturday afternoon.— From these, those of Sunday differed but little.—But as he said Major L'Enfont had declin'd committing, or suffering to be committed to writing any ideas of his, forasmuch as he had given them to me before in a letter, I have looked these over, and send the only one I can find in which he has attempted to draw a line of demarkation between the Commissioners and himself.—I also send you the general ideas of another person, principally on the subject of a loan, that you may, if leisure and inclination will permit give the whole a perusal before I see you.—Yours sincerely &c. Go: WASHINGTON PS. If Mr. Madison can make it convenient to come with you I should be glad to see him also.—In that case, it might be well to Give him a previous perusal of the enclosed papers. R C ( D L C ) ; endorsed by T J as received 16 Feb. 1792; recorded in S J P L . The L E T T E R of T J to L'Enfant was undoubtedly an early draft of that of 22 Feb. 1792. L'Enfant had drawn a U N E O F D E M A R K A T I O N between himself and the Commissioners in his report to the Pres­ ident of 17 Jan. 1792, which is prob­ ably one of the documents Washington enclosed: "It is necessary to place under the authority of one single director all those employed in the execution, to leave him the appointment or removal of them as he being answerable for the propriety of execution must be judge of their capacity and is the only one to whom they can with any propriety be subordinate—the exer­ cise of any prepondering authority being

in this respect to be restrained by the con­ sideration that the good of the object to accomplish is only to be procured by trust­ ing to the attention of one head who hav­ ing a constant pursuit and the connection of those objects with the whole of the plan to effect" (Kite, U Enfant and Washington, p. 122). For Washington's own attempt to distinguish L'Enfant's authority from that of the Commissioners, see Washington to L'Enfant, 13 Dec. 1791 (Fitzpatrick, Wri­ tings, X X X I , 442-3), and Editorial Note on fixing the seat of government, Vol. 20: 501. On the ideas of another person for a L O A N to finance development of the Fed­ eral City, see Contract with Samuel Blodget, J r . , 6 Mch. 1792.

From George Mason DEAR SIR Virginia Gunston-Hall February 16th. 1792. The Bearer, Mr. Isaac Mc.Pherson, a Merchant of Alexandria, has inform'd me, that he has something of Moment to communicate to [120]

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You (with the Particulars whereof I am unacquainted) and being a Stranger to You, has requested, from me, a Letter of Introduction. Mr. Mc.Pherson has resided some Years in Alexandria, has carryed on extensive Business there; and as far as I have heard or understood, has always supported a fair character, and been esteemed a Man of Integrity and good Sense; so that, altho' I have not had opportunity s of a very intimate personal Acquaintance with him, I shou'd not scruple to place Confidence in him; of which I really believe him worthy.— I have the Honour to be, with the greatest Esteem and Regard dear Sir, Your most obdt. Sert., G MASON R C ( D L C ) ; endorsed by T J as received 12 Apr. 1792 and so recorded in S J L . McPherson brought with him a letter

from Henry Lee as well (Henry Lee to T J , 6 Feb. 1792; R C in D N A : R G 59, M L R ; endorsed twice by T J as received 12 Apr. 1792 and so recorded in S J L ) .

From Thomas Mann Randolph, Jr. DR. SIR Monticello Feb: 17. 1792. We arrived here yesterday Evening after a tedious and disagreeable journey thro' the deepest snow within the memory of persons of my age. In the Sixty miles that we have advanced to the Northward the Snow has increased from a small quantity in the shade of hills and buildings to a general cover of ten or twelve Inches: if the progression continues what must it be about Philadelphia? The whole surface of Virginia has been covered five weeks from Six to eighteen Inches and the thaw wch. took place 10 days ago in Cumberland has just commenced here, today. We had an opportunity of seeing the effects tho' not the Phaenomenon itself, of an Ice-fresh in James River. A few days past the Ice broke generally with a sudden rise of the river and passing rapidly down met with an impediment near Scots-ferry where in Six or Seven hours an immense dam was formed from the bottom of the rivers bed to the height of fifteen feet above its usual Surface. The Waters thus checked, flowed back and in many places inundated the low grounds carrying huge pieces of Ice which laid all the trees on the bank prostrate. These pieces of Ice being left on the retiring of the Waters have formed an impassable wall along each bank for the distance of ten or twelve miles, which it has been necessary to cut thro' with Axes to get to the river. The boatmen expect to find great changes in the channel and are apprehensive of considerable danger to the first who attempt the navigation. Indeed, such huge masses of Ice impelled by a rapid current, may be equal not only to the removal [121]

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of shoals and the displacing the largest rocks, but by accumulating against them, to the diminution and perhaps the total destruction of Islands. It appears, that this agent if not wholly disregarded in the Natural History of rivers and their adjacent lands has not had that power attributed to it, which it seems to possess, for effecting changes on the Surface of the Globe. Feb. 18. A heavy Snow Storm today has taken away our hopes of seeing the Earth shortly. The planters are all in good spirits; the benefit of snow to all vegetables is generally acknowledged and they say justly that in their slovenly way of feeding their cattle, on the ground, some provender is saved by the Snow, which would otherwise have been trodden into the Mud. Great hopes are entertained of a check to the multiplication of the Weevil, which by your goodness I am certain of identifying with the insect of Angoumois. I am afraid however, that the frost has not destroyed as many as otherwise would have been exported or have perished in the Mill. Your trees have arrived but from the depth of the Snow cannot be set out. Our care I hope will prevent their being injured. Your Albemarle friends are all in good health except Colo. Carter who lies dangerously ill at Fredericksburg and is attended by Gilmer. I have not as yet seen Mr. Clarkson and cannot therefore commu­ nicate any thing from him untili the next post.—I am Dear Sir your most obedt. Servt. & aff. friend, T M R A N D O L P H JUNR. R C ( V i U ) ; endorsed by T J as received 1 Mch. 1792 and so recorded in S J L . The

INSECT

OF

ANGOUMOIS:

Henri

Louis Duhamel du Monceau and Mathieu Tillet, Histoire d'un Insecte qui devore les Grains de L? Angoumois (Paris, 1762). See Sowerby, No. 738.

From George Hammond SIR Philadelphia 18th. February 1792 Since I had the honor of seeing you on Wednesday last, I have considered with attention the tenor of your verbal communication of that day in reply to the observations contained in my last letter on the subject of Mr. Pagan's case. If I understood you rightly, I collected from your statement that Mr. Pagan's Counsel has used a misnomer, in applying for the revision of his case to a Court which does not exist— that even if the designation of the Court had been correct, the mode of application by appeal was informal, a writ of error being the only legal method of removing the cause to the supreme federal Court—but that it was still competent to Mr. Pagan to apply for a writ of error, which it was in the power even of a single Judge to grant. [122]

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The anxiety, which I feel for this unfortunate Gentleman, whose confinement has now continued more than two years, would naturally prompt me to neglect no measures that could tend to procure him redress. I had it therefore in contemplation immediately to have written to Mr. Pagan, recommending him to apply without delay to some judge of the supreme federal Court for a writ of error. I have however since thought it expedient to suspend this recom­ mendation to Mr. Pagan, having learnt that the propriety of granting a writ of error is discretionary with the Judge, who may probably refuse to grant it, in consequence of the suit having been originally instituted in a State Court, antecedently to the establishment of the federal judiciary system; and that the writ can only be granted upon this indispensable condition, that the Party, in whose behalf the appli­ cation is made, shall find sufficient security to prosecute his writ to effect, and to answer all damages and costs, if he fail to make good his plea; the Custody of the Person not being deemed under the law competent to enable a Judge of the Supreme Court to grant a writ of error. If my information upon these points be well-founded, the prospect of obtaining redress for Mr. Pagan, by the prosecution of any legal measures, appears very remote indeed Since the suit was instituted in a State Court antecedently to the formation of the judiciary system and since it is scarcely presumable that a friendless stranger should as a preliminary step to the obtaining of a writ of error, be able to find, in a foreign country, persons who would become sureties for a sum so considerable as the amount awarded against Mr. Pagan. This then is the situation of Mr. Pagan. A subject of the Crown of England is imprisoned upon a case, which originated in a question of Prize whereon the highest Court of appeal has determined in his favor; and being incompetent to the purpose of pursuing a writ of error, either because the jurisdiction of the federal Court does not reach the Cause, or because he cannot obtain Bail to prosecute the writ, he must languish in confinement unless the Government of the United States extends relief to him. You will therefore, Sir, allow me to submit this matter again to your consideration, to which I am farther impelled by the hope that perhaps, by this time, the Attorney General may have reported to you his opinion on the whole of the proceedings.—I have the honor to be, with perfect respect, Sir, Your most obedient and most humble servant,

G E O . HAMMOND.

R C ( D N A : R G 59, N L ) ; in a clerk's hand, except for signature; endorsed by T J as received 20 Feb. 1792 and so

recorded in S J L .

[123]

Hammond described T J ' s

VERBAL

COM-

18

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MUNiCATiON regarding the case of Thomas Pagan and the British minister's subse­ quent change of tactics respecting this matter in the following letter to the British foreign minister: "In an accidental con­ versation, which I had with Mr. Jeffer­ son, some few days after the departure of the last packet, that Gentleman entered into an explanation of his letter to me, on the 28th January, on the subject of Mr. Pagan. His object, in writing that letter was, he informed me, to point out the legal mode, of removing the case to the fed­ eral court, which Mr. Pagan's counsel, by demanding an appeal, instead of applying

1792

for a writ of error, had, through ignorance or inattention, mistaken. T h e Secretary of State added, that this Course was still open to Mr. Pagan, and that no inconven­ ience had arisen from my refusal to apply to the Court on his behalf, as any indi­ vidual judge of the Supreme Court was competent to grant a writ of error" (Ham­ mond to Grenville, 2 Mch. 1792, P R O : F O 4/14, D L C photostat). Pagan's case is discussed more fully in note to Hammond to T J , 26 Nov. 1791. Hammond's L A S T L E T T E R to T J on this issue is that of 30 Jan. 1792.

From George Thompson SIR Fluvanna County 18th. February 1792 Prior to my writing to you in June 1790 I applied to Col. Ran­ dolph for to pay the balance he owed as a subscriber to the clearing the Rivanna River. He refused to pay because his name put to the Subscription paper was in your hand writing. As soon as you gave me an answer to my letter I shew'd it to Col. Randolph. He then without hesitation paid the money. I hope, Sir, you'll excuse my troubling you once more on a like occasion. I find on the Subscription paper in your own hand writing the following words. (Subscribers to the former paper who have not subscribed to this, Francis Jordan £ 5 . Thomas Nelson Junr. £ 5 . Henry Fry £2.) Mr. Fry has paid his subscription. Mr. Nelson paid one half his. The balance is still due from Mr. Nelson. I have applied to Young Mr. Jordan son of the Gentleman whose name is to the subscription paper for payment. Upon his seeing the writing and it not being his fathers hand but yours he refused to pay. I shall be exceedingly obliged to you to give a letter to me Such that I may shew Mr. Jordan as also Mr. Nelson which may induce them to pay me. Excuse the freedom taken and beleive me to be, Sir, Yr. most obedient humble Servt., G: THOMPSON P.S. A letter sent to Richmond to the care of Col. Harvie will come to hand. G. T. R C (MHi); endorsed by T J as received 10 Mch. 1792 and so recorded in S J L . Thompson's earlier letter was of 15 June 1790.

[124]

From Daniel L. Hylton D E A R SIR Richmond Virga. Feby. 19. 1792 I had written 12th. Inst, acquainting you I had agreeable to request hir'd Joseph and wd. send him on after he had made a collection of the few debts he had out here. He now takes the stage for Philadelphia and to defray his expences have advanc'd him £4-19. which expect will be sufficient to carry him on with you. The same amt. will be oblige to you to transmit my daughter Hetty at Eliz town in a bank note, as also to forward the inclos'd by the first safe conveyance which youll oblige Yours with Sincerity, Dani. L . Hylton P.S. Yr. two Hhds. tobo, shall be sent by the first opportunity. R C (MHi); endorsed by T J as received 28 Feb. 1792 and so recorded in S J L ; below the endorsement in TJ's hand are two sums expressed in dollars, being substituted for two other sums cancelled.

From James Madison Feby. 20. [1792] J . M . returns Mr. J . his note endorsed for négociation at the Bank, but recommends in preference a use of about 300 dollars of J . M . which will not be wanted till the time proposed for the redemption of the note. A Check for 150 dollars is enclosed. As much or a little more can be added as soon as an order from the Speaker can be got which will be tomorrow or next day. J . M . insists that Mr. J . concur in this substitute, assuring him that it is perfectly convenient, and moreover that if any contingency should subject J . M . to a pecuniary demand before the last of next month, he will resort witht. scruple to the expedient proposed to be waved.—He is also in doubt whether the Bank discounts for more than 40 days. R C ( D L C : Madison Papers); addressed: "Mr. Jefferson"; endorsed by T J as received 20 Feb. 1792; to this endorsement Madison added the full date of the letter when he received it back from T J late in life. Not recorded in S J L .

From Martha Jefferson Randolph M Y DEAREST FATHER

Montecello February 20 1792

Just arrived from a journey of 3 months on which I have not had it in my power to write to you. I am impatient to take the first opportunity [125]

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1792

of renewing a correspondance so very pleasing to me. I recieved your letters all together at Dick Randolph's and should have answered them imediately but Mr. Randolph's writing rendered it unecessary at that time. We have had a most disagreable journey travelling greatest part of the way thro a deep snow and dismal weather generally raining or hailing. I never saw the end of any thing with more pleasure in my life. The anxiety you express to be at home makes me infinitely happy. I acknowledge I was under some aprehensión that you would be prevailed upon to stay longer than you intended and I feel more and more every day how necessary your company is to my happiness by the continual and ardent desire I have of seeing you. I suppose Mr. Randolph has told you that he is in possession of Edgehill. The old gentleman has at Last made him a deed for it. He has also bought those negroes who had families here. We are so lately arrived that I have not heard any news as yet. Mrs. Gilmer has been in a state of insanity from which I believe she is recovered tho I am by no means certain. I have weaned Little Anne who begins to walk. She becomes every day more mischievious and more entertaining. I think she is also handsomer than the [she] was and looks much better tho not as fat. Adieu my Dearest Papa. Tell me if we shall have the pleasure of seeing you this spring and believe me with tender and unchangeable love your affectionate child, M. RANDOLPH My best love to Dear Maria. Tell her I will certainly write to her next week. R C ( V i U ) ; endorsed by T J as received 1 Mch. 1792 and so recorded in S J L .

To Thomas Mann Randolph, Jr. D E A R SIR

Philadelphia Feb. 20. 1792.

I received last week your favour from Bizarre. The papers now forwarded will give you the general news. We have an odd story here from Baltimore of Geni. Scott's having fallen on the Indians and killed 700. of them, tho it was not known that any expedition was meditated. You will perceive that the public effects have fallen. T h e people begin to see the fallacy and mischeif of the gambling system of finance established. I hope you are by this time at Monticello and less locked up with ice than we are here. We have not seen the face of the earth for months, and the thermometer has been above the freezing point only two mornings in seven weeks. It is this morning at 16. [126]

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1792

However of all this Freneau's paper will keep you informed, as he inserts Rittenhouse's diary. We left a box with Maria's music, books &c. to be sent to Richmond and forwarded here. Can you give me any information of it. Present me affectionately to my dear Martha & believe to be yours most sincerely, T H : JEFFERSON R C ( D L C ) ; addressed: "Thomas M . Randolph Monticello." P r C ( D L C ) .

To Nathaniel Barrett SIR Philadelphia Feb. 21. 1792. I am much obliged by your kind offer of taking care of dispatches for France, the benefit of which I will reserve for some other occasion, as there is a vessel going out of this port for Havre the moment the river opens, which will certainly take place in a few days. I am with great esteem Dear Sir Your most obedt. humble servt, T H : J E F F E R S O N P r C (MHi). Barrett's letter to T J , 17 Feb. 1792, noted in S J L as received 21 Feb. 1792 from "N.Y.," has not been found.

From Nathaniel Cutting SIR Cape François, St. Domgue. 21st. Feby. 1792. Since I had the honor to write you under the 24th. ulto., several Detachments of Troops have arrived here from France, amounting to 12 or 14 hundred effective men. These are barely sufficient to reinforce the most important posts, and the Whites must yet submit to the mortification of acting only on the defensive. However, this seasonable succour is received with great Joy, being considered as an earnest of further supplies. Every day increases the necessity of assistance, and renders it more necessary that the quantum of that assistance should be increased much beyond what was thought amply sufficient when I first arrived here. I think it truly astonishing that the mother Country should exhibit such a degree of parsimony and indifference towards this important Colony as marks her late dilatory conduct. If it was the policy of the ruling party in France to annihilate the Commerce of that Kingdom and accellerat a general Bankruptcy, it could not adopt measures better calculated to attain its object than those which it has invariably pursued respecting this part of the Empire. Without speedy and very extensive Succour, I fear revolt and consequent devastation [127]

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1792

will become general throughout the Colony. Within a few days last past we have recieved the melancholly tidings that in the quarter calPd Les Cayes and Torbec, in the Southern Department, the Slaves have revolted and have compleatly ravaged the plantations thereabouts. This account I have from a Gentleman to whom it was related by the President of the Colonial Assembly who is a Deputy from that quarter, so that I think it may be relied on. Thus the two extremes of the Colony are laid in ashes! If the Centre should meet the same fate, adieu to the Commerce and Glory of France!—I have the honor to be, with the greatest respect, Sir, Your most obedt. huml. Servt., NAT.

CUTTING

F C ( M H i : Cutting Papers). Dupl ( D N A : R G 59, M L R ) ; at head of text: "(Copy)"; recorded in S J L as received 24 Mch. 1792, being enclosed in Cutting to T J , 1 Mch. 1792, received the same date.

From C. W. F. Dumas The Hague, 21 Feb. 1792. Illness compels him to be brief. The enclosed papers and those sent by way of England will inform T J of the chaotic state of Europe, especially in France.—A new tax on butchers will go into effect on 1 May.—The high cost of maintaining the U.S. embassy here makes it imperative that it be sold as soon as possible in concert with your bankers in Amsterdam. Thus far he has not been able to render an account of his expenditures for embassy repairs. He encloses a declaration of his expenses for the last six months of 1791, excluding those for repairs of the embassy, and will forward another copy of these accounts with his list of expenses for the first half of 1792. F C (Dumas Letter Book, Rijksarchief, T h e Hague; photostats in D L C ) ; 1 p., in French; at head of text: "No. 87." R C (missing) is recorded in S J L as received 26 May 1792. Enclosure not found.

Explanations of Ferdinand Grand's Accounts Accounts with Grand & Co. The U . S . to Grand & co. Dr. 1784.

Livres.

July

H s d 1560- 0 - 0

10. David Humphreys [128]

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FEBRUARY

1792

Aug. 20. T . Jefferson D . Humphreys 24. T . Jefferson Sep. 18. do. Oct. 15. do. Nov. 22. do. Dec. 20. do.

5000240030005000400040004000-

1785. Jan. 11. Feb. 1. Mar. 1. Apr. 1. May 13. June 1. July 1. 18.

400O4000400050004000400040005571-19

Aug.

28. 1. 5.

26. Sep. 3. 4. Oct. 3. 22. Nov. 8. 10. 11. 18. Nov. 23. Dec.

2. 31.

do. do. do. do. do. do. do. H . Fizeaux & co. W. Carmichael 2000* + 2075*-17 + 3193*-17 B. Franklin for la Motte, a clerk. do. for postage 6. loan office bills Wm. Short T . Jefferson L e Brun, register's certificates Schweighauser & Dobree drt. on B . Franklin Capt. Duchtrick. Register's certifie. T . Jefferson D . Humphreys W. Carmichael Int. on Dutch loan for 1785. T . Jefferson do. do. Dumas D . Humphreys D . Humphreys. D . Humphreys, stationary &c. W. Short for journey to Hague T . Jefferson do. [129]

7269-14 840236-15 1140100040001843- 1 4237- 0 1344- 9-10 400024004000400000600040004000270024002400372- 0- 0 386-12- 9 40004000-

21 1786 Jan. 16. 18. 31. Feb. 2. 27. Mar. 4.

28.

31. Apr. 10. 15. 20. May 1.

June

July

Aug.

Sep. Sep. Oct.

Nov.

20. 1. 13. 24. 26. 1. 10. 11. 1. 10. 13. 16. 26. 1. 7. 19. 2. 12. 17. 2.

FEBRUARY

1792

do. Gouvion. Register's certif Carmichael T . Jefferson do. do. W. Carmichael D . Humphreys do. T . Jefferson Int. on Dutch loan for 1784. H . Fizeaux & co. postage T . Jefferson U . S . hotel rent to Ct. Langeac T . Jefferson do. do. Dumas T . Jefferson do. Lister Asquith & crew W. Carmichael T . Jefferson W. Carmichael U . S . hotel rent to Ct. Langeac T . Jefferson W. Short do. T . Jefferson Qu. to whom? [not to T . Jefferson] T . Jefferson do. T . Jefferson do. U . S . hotel rent to Ct. Langeac W. Carmichael W. Short Dumas T . Jefferson [130]

50002590- 7 4500400050002000500600484024002000005666-16319-7 2606-18 18752606-18 3910- 7 40002700400030002620- 2 400040004765- 8 187570001200120010004850002986- 7 450- 0 5000187555006003557- 2 5000-

9

3 0

6

21 Dec.

28. 4.

15. 30. 31. Apr. 7. 16. 17. 30. May 12. 21. 23. 24. June 4.

June 18. 25. July

1792

1. do. 29. do.

1787 Jan. 2. 12. 17. Feb. 1. 8. 16. 22.

Mar.

FEBRUARY

2. 15.

Aug. 21.

50006000-

W. Carmichael T . Jefferson U . S . hotel rent to Ct. Langeac T . Jefferson do. do. Dupré for medals contracted by Colo. Humphreys W. Short T . Jefferson Borgnis, Desbordes & co. for ferry shipwreckt sailors T . Jefferson Dumas T . Jefferson W. Short Fizeaux W. Short towds. paying Geni. Gates's medal T . Jefferson U . S . hotel rent to Ct. Langeac T . Jefferson do. W. Carmichael T . Jefferson do. do. do. do. do. do. T . Jefferson W. Short do. T . Jefferson U . S . hotel rent to Ct. Langeac T . Jefferson postage. Grand. T . Jefferson [131]

5500200018754000100090002595- 3 - 9 600145018615003503-10 6006005679- 112006001875335600550015001622- 9 1122-146002700747-11 4003000- 0 60022- 04000187516-17589-17 4000- 0 -

6

3

0 0

6 0

21

FEBRUARY

1792

The U . S . with Grand & co. Cr. 1785. July 18. By balance settled with Barclay Nov. 11. By Walter Livingston

it s d 73010-16-10 400000

1786. Mar. 31. By J . Rucker July 11. By Paul Jones

219240112172- 2 - 4

1787. Apr. 14. By Vandenyvers on ord. of J . Adams [By T . Jefferson 11085-1-6, see note.]

17500-

1788. May 27. By T . Jeff.'s draughts on Will. & V . Stap. 36,000 florins 1789. Apr. 16. By remittee, from Will. & Van Staphorts Aug. 13. By do. Sep. 24. By do.

1550028000066000-

The following articles belong to the account of the state of Virginia with Grand & co. and have been settled with them by that state. They are here stated by way of explanation, because Grand & co. have blended the two accounts together, and particularly debited to the U . S . some of the articles below which belonged to the state of Virginia. The State of Virginia in account with Grand & co Dr. 1785. tt s d Cr. tt s d 10,000- 0-0 July 18. Houdon. Cash By Mr. Barclay 166666-13-^ Nov. 28. Houdon's draught on 2 724^ 6-6 T. Jefferson 1786. 1 800Feb. 4. Houdon 20. do. draught 2 4003 500Mar. 4. do. 52- 8-0 May 6. De Lorme packing July. 1. Bettinger & St. Victor 41 25023. Presolles 15 77327. Bondfeild 2 043-12-1 Observations explanatory of Mr. Grand's accounts. The state of Virginia having directed me to have a statue of Geni. Washington made, and having forwarded remittances for that purpose, [132]

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1792

which were not yet come to hand, I ventured to draw from the funds of the U . S . in the hands of Grand 10,000* July 18. 1785. to enable Houdon the artist to send to Italy for his block of marble, and 2724*6—6 Nov. 28. towards his expences in coming to America with Dr. Franklin to take the General's figure. Mr. Grand had charged these sums to the U . S . Again, the funds of the U.S. in Mr. Grand's hands failed about the beginning of 1786. By that time Virginia had placed 166,666*-13s4d in his hands, for which, as it was likely to be unemployed for some time, he was to pay an interest. To avoid this he insisted that the monies which should be drawn from him for the U.S. should be from this fund, and obliged me to express it in my draughts. It was not till July 11. 1786. that a paiment was made to him for the common purposes of the U . S . By that time himself and the state of Virginia were in advance for the U . S . about 66, or 67,000*. by a rough estimate; and he had charged a good deal of this to the state of Virginia. After the paiment beforementioned (which was that of 112172*-2^4 by J . P . Jones) my subsequent draughts were regularly on the proper fund; and to clear up the confusion which had got into Grand's accounts in the period between Jan. 1. and July 11. 1786 I went to his office, revised all the draughts of that period, and endorsed on every one of them those to whose account it should be charged, viz. whether to Virginia or the U . S . and at the same time stated both accounts exactly right, debiting each with their own articles only, and crediting each it's own remittances. This corrected account is the only one which should ever be attended to, and Mr. Grand reformed his own accounts according to this, and ought to send a copy. He furnished me a copy of the account of Virginia so reformed, which has been settled with that state accordingly. Whenever I drew on Mr. Grand, I generally expressed in the draught, or endorsed on the back of it, for what purpose the draught was made. I did not pretend to keep an account of draughts made purely for public purposes. I therefore made the draught itself witness the purpose for which it was drawn, in order that if I was personally charged in the public accounts with such draughts, (which could not be without producing them) they might of themselves discharge me at the same time, and shew to the department of the treasury to what or whose account they should really be charged. It is therefore essential that Mr. Grand furnish not only, the reformed account beforemen­ tioned, but exact copies of all my draughts with their endorsements. The treasury, being furnished with these, will never be at a loss to what account to charge any money paid by Grand on my draught. [133]

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1792

The account on the three first pages of this sheet goes as far as the materials in my hands enable me towards enabling the Treasury to debit every person with the monies they have recieved. For that reason I have stated the date and sum of every article and the person to whom it is to be charged, and can answer for the accuracy in every instance, either from the memorandums I have kept or my own certain knowlege. Where I have mentioned more than one name, I have not known to which of them the charge should be made. Certain articles of Debit between Aug. 7. 1784. and May 1. 1786. are stated differently in this account from what they are in Grand's. These concern my private account. The difference arose thus. Mr. Grand advised me in the beginning to give him an order quarterly for my salary and contingent charges, and draw on him as I wanted it. I begun on this plan, but soon found it would be the parent of confusion. I therefore reformed my account from the beginning, by crediting the U . S . with the monies I received from Grand, at the dates I received them, and debiting them with their application. Grand did not change his method till June 1. 1786. The two methods of debiting the same sums shall be stated here side by side, to shew that under different forms they comprehend exactly the same articles: and as a proof, it must be observed that not one of Grand's debits here enumerated will be found in my statement of his account; nor will one of the debits here extracted from my statement be found in Grand's own statement. Grand's method of statement ft s d 1784. 1 4 5 8 3 - 6-8 Aug. 7. 14583- 6-8 Nov. 7. 1785 14583- 6-8 Feb. 7. 14583- 6-8 Apr. 13. 5666-13-4 July 16 1786 16271-16Feb. 15 2362510587- 8-6 114484^- 4^-6 Credit by T . Jefferson 11085- 1-6 103399- 3 -

It will be observed however that Grand in his account (con­ trary to his method as above stated) has charged three articles

T.J.'s method of statement 1784. tt- s-d Aug. 20. 5000- 0-0 26. 3000Sep. 20. 5000Oct. 15 4000Nov. 22 4000Dec. 20. 40001785 4000Jan. 11. 4000Feb. 1. 4000Mar. 1. 5000Apr. 1. 4000May. 13 4000June 1. 4000July 1. 4000Aug. 1. 4000Sep. 1. Oct. 3. 6000400022. 4000Nov. 8 4000Dec. 2. 400O31.

[134]

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1792

specially, to wit 1786. Jan. 16. 1786. 5000*. Feb. 2. 1000*. Feb. 23. Mar. 5. 200018. 24005000*. within the period of his 2606-18 quarterly charges. The reason is Apr. 1. 10. 1875that these three articles had been 12. 2606-18 paid out of the funds of Virginia, 25. 3910- 7 and by him erroneously charged May 1. 4000to the account of that state. When 103399- 3 therefore I reformed his accounts, he was obliged to transfer these three articles from the Virginia account into that of the U . S . at their proper dates. Therefore these three articles, as well as all those after May 1. 1786. will be found stated alike both in his account and mine. The credit of 11085-1-6 by Grand was not an actual payment by me; but only an entry made by him to bring his account to rights. Colo. Humphreys. His accounts have certainly been settled either with Mr. Barclay in Europe, or with the Treasury on his return. Consequently recurrence may be had to those accounts for explanations of all the articles debited to him. H . Fizeaux & co. These are articles of interest on a loan by them. B. Franklin for L a Motte 840*. L a Motte was one of his secretaries. Dr. Franklin's account I suppose will shew whether this article is to be charged to him or L a Motte. 1785. July 28. Wm. Short 1000*. and again Nov. 23. W. Short for journey to the Hague 386*-12s-9d. Mr. Short was sent by Mr. Adams and myself to the Hague to exchange our signatures of the Prussian treaty for that of the Prussian plenipotentiary who resided there. I presume the first sum here mentioned was an advance towards his expences, because I find that I signed the treaty on that day, and probably he set out that day for London, where Mr. Adams signed it Aug. 5. and went thence to the Hague where it was signed by the Prussian Plenipotentiary Sep. 10. The article of Nov. 23. 386*-12-9 mentioned to be for his journey to the Hague was probably the balance due to him on a settlement of that account. He recieved other monies from Mr. Adams, and I presume his account of the whole, as settled by Mr. Barclay will be found in the Treasury. 1786. June 24. Lister Asquith and crew 2620*-2s. He was the master of a small Maryland vessel which with the crew and cargo was seized by the Farmers general under pretence that they were hovering on the coast to smuggle tobo, into the kingdom. They were thrown into jail and confined there through a very rigorous winter, where it was evident they would be in danger of perishing if not aided. I was applying to the court for their release, and expected it daily. In the mean time I ordered them an allowance of a livre a day, there [135]

21

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1792

being 6. of them, and informed Congress of it. The farmers contrived to procrastinate it about 9. months, and then I could only get their discharge on paying a part of their sentence, which I found it better to do than to furnish their allowance till they could pay it. Borgnis Desbordes & co. were the persons to whom I applied to furnish them: and they (living at Brest) got their correspondents Diot & co. to do it as they lived at Morlaix near to Roscoff the place of confinement. The letters of Asquith, Borgnis Desbordes & co. and Diot & co. accompanying this, will vouch the transaction and sum. 1786. Aug. 28. 48*. Tho' I am named to this sum in Grand's account, yet it certainly has not been paid to me, nor on my private account. When he furnishes copies of my draughts, it will be seen who received it and for what. 1787. Feb. 22. Dupré 2595*-3-9. I have Colo. Humphreys contract with him and his account. Apr. 16. W. Short towards paying Geni. Gates's medal. 1200*. I have the workman's receipt. With respect to both these articles, and so much else of the account for medals as I have transacted, I will, when more at leisure try to make up an account. Tho' I expect it cannot be done satisfactorily till Mr. Grand sends my draughts. This business will be difficult to get settled clearly, from having to pass thro' so many hands, to wit Colo. Humphreys, mine, Mr. Short's, and now it will pass over to Mr. Gouverneur Morris. 1787. Mar. 4. Borgnis Desbordes & co. for 4. shipwreckt sailors 186*. The occasion and voucher for this will be seen in their letter of Jan. 24. 1787. and the account, both of which accompany this. 1787. Apr. 14. By Vandenyvers on order of J . Adams 17500*. I find a letter of mine to Mr. Adams of Feb. 20. 1787. which explains this, and at the same time my draught of 29th. Nov. 1785. on Van den Yver frères & co. of Paris in favor of Colo. Humphreys for 6500*. as mentioned in another paper, and which at first I could not explain. Extract from the letter to Mr. Adams. 'You remember giving me a letter of credit on Messrs. Willink & V . Staph, for 1000. guineas to pay for the swords and medals. When the swords were finished I drew on the Vandenyvers with whom the money was deposited for 6500 livres to pay for the swords. They paid it. A medal is now finished, and others will very soon be but these gentlemen say they must have fresh orders. In the mean time the workmen complain. Will you be so good as to draw in favor of Mr. Grand on Willink &c. for the balance of the 1000. guineas, which is about the sum that will be necessary, and send the bill to Mr. Grand, who in my absence will negotiate it and pay the workmen. I inclose you Vandenyvers answer.' Mr. Adams [136]

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1792

sent the order for 17500*. which is the credit here stated, and with the 6500*. before mentioned made 24,000*. or 1000. Louis. 1788. May 27. By T . Jefferson's draughts on Will. & V . Staphorsts for 36,000 florins, Mr. Grand was now in advance again for the U . S . and money was wanting for other purposes. I therefore gave him these draughts on account. The receipts for which I have put into the Auditor's hands. 1789. Apr. 16. Remittance from Will. & V . Staphorsts 15500*. The special occasion for calling for this was the medals. The bills were put into Grand's hands, and when there, made a common fund for all purposes, as Vandenyver's paiment on the same account had done. I have put into the Auditor's hands Grand's receipt for these bills. 1789. Aug. 15. By remittance from Will. & V . Staphorsts 280,000*. This was to pay arrears of interest to the foreign officers. I have put into the Auditor's hands the vouchers that Grand received the bills. This was by orders from the treasury. 1789. Sep. 24. By remittance from Will. & V . Staphorsts 66000*. This was by special order of Congress and the treasury board to be lodged in the hands of Grand to await and answer the event of a négociation set on foot for the redemption of our captives at Algiers. The négociation failed, and the money remaining in Grand's hands was recommended by Mr. Short to be applied to the paiment of interest due to the foreign officers. Whether this has been done or not, I know not. Not having any account of Mr. Grand's which comes lower than July 15. 1787. the articles which I have stated subsequent to that date are collected from my own accounts and papers, and are inserted for present explanation. When Mr. Grand renders his subsequent account with the copies of my draughts, it would be proper to put them into my hands for explanations similar to the present, as I can tell on inspection to whom any particular article is to be charged, which it might cost another a week to find out by examining letters, papers &c. Such an account should be pressingly called for from Grand, and most especially copies of all his vouchers and their endorsements. T H : JEFFERSON

Feb. 21. 1792. P r C ( D L C ) . Dft ( D L C : T J Papers, 53: 9003); consists of slightly variant and incomplete text of tabular material relative to Grand & Co.'s account with the United States. The

accounts with

WILLINK

&

VAN.

S T A P H , mentioned in T J ' s observations appear in Explanations of Willink, Van Staphorst & Hubbard's Accounts, 21 Feb. 1792. T J later in the day transmitted to the U . S . Auditor documents relating to some of these accounts. See T J to Richard Harrison, 21 Feb. 1792.

[137]

Explanations of Willink, Van Staphorst & Hubbard's Accounts Explanations of sundry articles in the accounts of the Willinks, Van Staphorsts & Hubard against the U.S. 1784. Nov. 13. T. Jefferson's draught on Van den Yvers in favr. of Humphreys. 6500*. This is explained in my notes on Grand's accounts. It was to enable Colo. Humphreys to pay for swords made by order of Congress for particular officers. Mr. Adams gave the order on Van den Yvers in favor of me, which was the way I came to have any thing to do with drawing on them. 1787. Feb. 12. T . Jefferson's draught on Mr. Adams pd. by Puller £ 50. sterling. This was money furnished to Colo. Franks Secretary of the mission to Marocco, to enable him to return from Paris to America with the treaty. I sent his receipt for the money to the treasury board to enable them to debit him. It is chargeable to the Marocco expences. 1788. May 27. Seven draughts by T. Jefferson on Will. V. Stap. & Hubard in favor of Grand 36,000 florins. Grand was in advance for the U.S. and money was wanting for their purposes in Paris. I gave him these bills on account, and have delivered his acknolegemt. to the Auditor. See my Notes on Grand's acct.

/ same-date. T . Jefferson's draught in favor of W. Short on W.V.S.& H. 5943- 4 = 13,146*-6s June. 18. do. 272-10 = 600 These two articles were for Mr. Short, on account of salary and are credited in his account as my Secretary, now delivd. to the Auditor. / T.J's draughts on do. in favor Grand 1788. July 12. 2566-13-8 [. . .] Aug. 12. 2572-10 Sep. 16. 2590 In each of these three cases the bankers have introduced confusion by throwing two draughts, for different persons and purposes, into one. The true state of the draughts is as follows. / / / (2566-13-8 = ) July 2. 2291-13-8 = 5000* for T.J. and another draught 275- 0 = 600* for W. Short (2572-10 =) Aug. 1. 2296-17-8 = 5000. for T . J . and another 275- 0 = 600 for W.S. (2590. =)Sep. 1.2312-10 = 5000 for T . J . and another 277-10 = 600 for W.S.

These sums are accordingly credited in the respective accounts of T . Jefferson and W. Short. 1789. July 13. T.J's draught on Will. & V. Stap. 2693-15 for W. Short and creditd in his acct. June 17. 6000* Aug. 15. do. 268-15 for do. do. Aug. 600 Oct. 9. do. 268-15 for do. do. Sep. 600 Nov. 2. do. 489-11 for do. do. balance due to Sep. 24. 1892-19 1789. June 30. T . Jefferson's order in favor of F.W. Ast 2953 . I find among my papers the following note which I suppose to be a copy of what I endorsed on my draught in favor of Ast, to shew what it was for. 'Mr. Ast, in whose favor this order is, was Secretary to Mr. Barclay, Consul general of the U.S. of America in France. Mr. Grand having refused to pay draughts for money without the orders of Th:J. Mr. Barclay applied for paiments to Mr. Ast through Th:J. 1787. June 31. Mr. Barclay drew a bill on Th:J. in favor of Mr. Ast for 1800* Aug. 2. he advised Th:J. that he hd. drawn on him in favr. Mr. Ast for 495 Nov. 30. By letter from New York he desird Th:J. to pay Mr. Ast 25. guineas more 625. subseqt. charges by Mr. Ast which Th:J. knows to be just, viz Trunk to pack books, baling, plumbing 15/ steri, expence bringing trunk to Paris, cord &c. 12/6 33 2953.' Mr. Ast's letter of Dec. 8. 1788. acknoleging the reciept of this draught on Will. & V. Staph, for 2953 is now put into the Auditor's hands, with some others of his letters explaining his situation, and his acct. Th:J. did not chuse to resettle his acct. in the new form he presented it, but chose to pay him on the footing Mr. Barclay had fixed. Note the two draughts of 1800.* and 495 had not been paid. 1789. April 16. A remittance by Will. & V. Staph, to Grand of 15,500 livres for medals. Aug. 15. do. 280,000 for interest to forn. officers. Sep. 24. do. 66,000 for redemption of captives. These three articles are explained in my Notes on Grand's account and his receipts for the two first are put into the Auditor's hands. The last sum of 66,000* was not received from Will. & V. Staph, when I left Paris. It was therefore referred to Mr. Short. T H : JEFFERSON Feb. 21. 1792. tt

n

PrC (DLC).

t

Explanations of Ferdinand Grand's Accounts, 21 Feb. 1792. Additional information on NOTES

ON GRAND'S

ACCOUNTS:

funds given to C O L O , F R A N K S S E C R E T A R Y , and remittances in 1789 for M E D A L S and I N T E R E S T T O F O R N . O F F I C E R S may be found in T J to Richard Harrison, 21 Feb. 1792. n

e

To Richard Harrison SIR Philadelphia Feb. 21. 1792 I have now the honour to inclose you the following papers men­ tioned to be delivered to you in my Notes on the accounts of Grand & co. and of the Willinks & Van Staphorsts, to wit Grand's letter which inclosed Colo. Franks's receipt for the £ 5 0 . steri, and a copy of mine of Feb. 1. 1787. inclosing the same receipt to the Commissioners of the treasury. Grand's letter of May 27. 1788. acknoleging that he had received and negotiated the bills on the Will. & V . Staph, for 36,000 florins, and had received for them 79815*-5. Willinks & V . Staph, letter of Apr. 16. 1789. covering the bills for 15500*. for medals &c. and Grand's reciept of Apr. 22. 1789. for the same bills. Resolution of Congr. of Aug. 20. 1788, letter of the Board of Treas­ ury of Feb. 21. 1789, do. of Feb. 28. 1789., their official abstract of the Certificates issued to Foreign officers, Grand's letter of Aug. 1. 1789 on that subject. Will. & V . Staph.'s letter of Aug. 10. 1789. covering bills for 169718*-16 with Grand's rect. of the bills at the foot of the list dated Aug. 14. 1789. and Will. & V . Staph.'s list of bills 110281*-4. remitted with Grand's receipt of the bills at the foot of the list. These two sums make that of 280,000*. The letter of the Commissioners of the Treasury of Feb. 21. 1789. also explains the draught of 30,000 florins from the Will. & V . Staph, to be by virtue of a resolution of Congress of July 13. 1782 as to our captives. Grand's accounts, whenever rendered, will further vouch these arti­ cles by shewing that he has duly credited them to the United States. I have the honour to be with great esteem, Sir Your most obedt. & most humble servt., T H : JEFFERSON P r C ( D L C ) ; at foot of text: "Mr. Harrison. Auditor of the U . S . "

printed as an enclosure to T J to Willink, Van Staphorst & Hubbard, 9 Apr. 1789. The

Both

& co. and W I L L I N K S & V A N S T A P H O R S T S accounts mentioned herein are printed at 21 Feb. 1792. T h e Commis­ sioners of the Treasury's F E B . 21. 1789. letter to Willink & Van Staphorst is GRAND

RESOLUTION

O F CONGRESS

OF

JULY

13. 1782 pertaining to the ransom of the American captives in Algiers was actually passed on 18 July 1787 ( J C C , xxxn, 3645).

[ 140]

To Pierre Charles L'Enfant SIR Philadelphia Feb. 22. 1792. The advance of the season begins to require that the plans for the buildings and other public works at the Federal city should be in readiness, and the persons engaged who are to carry them into execution. The circumstances which have lately happened have pro­ duced an uncertainty whether you may be disposed to continue your services there. I am charged by the President to say that your contin­ uance would be desireable to him; and at the same time to add that the law requires it should be in subordination to the Commissioners. They will of course recieve your propositions, decide on the plans to be pursued from time to time, and submit them to the President to be approved or disapproved, and when returned with his approbation, the Commissioners will put into your hands the execution of such parts as shall be arranged with you, and will doubtless see from time to time that these objects, and no others, are pursued. It is not pretended to stipulate here however the mode in which they shall carry on the execution. They alone can do that, and their discretion, good sense and zeal are a sufficient security that those whom they employ will have as little cause to be dissatisfied with the manner as the matter of their orders. To this, it would be injustice to them not to add, as a motive the more in this particular instance, the desire they have ever manifested to conform to the judgment and wishes of the President. The same dispositions will ensure an oblivion of whatever disagreeable may have arisen heretofore, on a perfect understanding being estab­ lished as to the relation to subsist in future between themselves and those they employ, in the conduct of the works. I must beg the favor of your answer Whether you will continue your services on the foot­ ing expressed in this letter; and am with esteem Sir your most obedt. humble servt., T H : JEFFERSON 1

2

R C ( D L C : Digges-L'Enfant-Morgan Papers); docketed in pencil: "Jefferson's letter of Feb 22 '92 asking L'Enfant if he will continue"; a pencilled note by L'Enfant is in the margin at the point indicated by note 1, below. P r C ( D L C : Washington Papers); endorsed by Wash­ ington when T J sent this copy to him (Washington to T J , 26 Feb. 1792). T r ( D L C : Washington Papers); at head of text: "From Mr. Jefferson, to Major L ' E n ­ fant (at George-Town)." Not recorded in

S J L or S J P L . This letter was delivered to L'Enfant by George Walker (Walker to T J , 9 Mch. 1792). 1

L'Enfant here inserted an X to serve as a key to this marginal note written in pencil: "See the Letter to the president on the 14 of January. It will Shew I was not behind in measure to determine a Speady renewall of the work." Pencilled note (one word) in margin, illegible.

[HI]

2

From Edmund Randolph SIR Philadelphia feby. 22. 1792 I suspect from the communication of the British Minister, dated on the 18th. of february 1792, that the reasons for delaying a definitive answer to his first memorial on the subject of Mr. Pagan, are not rightly understood. The principal allegations of Mr. Pagan are, that the true construc­ tion of the preliminary articles justified the seizure: that the pendency of the appeal in England ought to have stopped the proceedings of the courts in Massachusetts: that the reversal of the decree amounted to a condemnation; and that an appeal ought to have been allowed to the Supreme court of the U . S. If the seizure were really justifiable Mr. Pagan might probably obtain a writ of error, founded on the 25th. section of the judicial law. If it were not justifiable, a great part of his defence would be sapped. Now when it is recollected that the usage of sovereigns is, not to interfere in the administration of justice until the foreign subject, who complains, has gone with his case to the dernier resort: as the substratum of this complaint, if true, may bear a writ of error: as a writ of error is now as open, as when the appeal was prayed to the Supreme court of the U . S: as three of the judges are now in this city, and all of them may be applied to in twenty four hours: as the interposition of government can be made with equal effect after this application; and as Mr. Pagan cannot be injured by even a fruitless attempt; I am strongly persuaded, that upon reconsideration, a motion for a writ of error will be preferred. Should this step miscarry, I have no doubt, that it will be proper, that an answer should be returned at large; and that any relief, of which the law of nations warrants a demand, will be extended to Mr. Pagan. I have the honor, sir, to be with true respect and esteem Yr. mo. ob. serv.

E D M : RANDOLPH

R C (DNA: R G 59, T 3 2 6 ) ; endorsed by Remsen: "Randolph Edmd. reed. February 23. 1792." P r C ( D L C ) ; in hand of George Taylor, unsigned; at head of text: "(Copy)."

For George Hammond's F I R S T M E M O on Thomas Pagan's case, see his letter to T J of 26 Nov. 1791, and note. RIAL

[142]

To the Speaker of the House of Representatives SIR Philadelphia February 22d. 1792. I have the honor to enclose you copies of the Laws adopted and published by the Governor and Judges of the Territory North-west of the Ohio, according to the Resolution of the House of Representatives of the United States of the 10th. instant. The six last of these only have come to hand since the commencement of the present Government, all those preceding the year 1790 having been received by the Congress of the former Government. Some of these Acts are without date, and one without signature, which I mention to assure you that in these circumstances as well as all others, they are strictly conformable to the copies deposited in my office.—I have the honor to be with the most profound esteem and respect, Sir Your most obedient and most humble Servant. P r C ( D L C ) ; in hand of George Tay­ lor, unsigned. F C ( D N A : R G 360, D L ) . Entry in S J P L reads: " T h : J . to Sp. H . R. with laws of N.W. territory." The laws T J transmitted governed the militia, the establishment of a court sys­ tem and legal proceedings, the admin­ istration of oaths, the setting of crimes

and punishments, establishment of mar­ riage, appointment of coroners, and the regulation of liquor and gambling, all of which are reprinted in Theodore Calvin Pease, ed., The Laws of the Northwest Ter­ ritory, 1788-1800, Illinois State Histori­ cal Library, Collections, xvii (1925), 1-41. See also J H R , I , 505; and T J to George Washington, 23 Aug. 1791 and note.

From George Washington DEAR SIR Wednesday 7 Oclock AM [22 Feb. 1792] The enclosed meets my approbation.—Did Walker accord willingly, or reluctantly? The Plan I think, ought to appear as the Work of L'Enfont.—The one prepared for engraving not doing so, is, I presume, one cause of his dissatisfaction.—If he consents to act upon the conditions proposed, and can point out any radical defects, or others to amend which will be a gratification to him, not improper in themselves, or productive of unnecessary, or too much delay, had he not better be gratified in the alterations?—This, yourself and Mr. Walker can think of. The Plans of the buildings ought to come forward immediately for consideration.— [143]

22

FEBRUARY

1792

I think Mr. Walker said yesterday he (L'Enfont) had been shewing the different views of them to Mr. Trumbul.—Yrs. sincerely, Go: R C ( D L C ) ; endorsed by T J as received 22 Feb. 1792. Undoubtedly Washington enclosed the letter T J had prepared to send to L'Enfant and which was delivered to the major later

WASHINGTON

in the day. T h e P L A N , as finally engraved, was not attributed to L'Enfant, but noted Andrew Ellicott as the surveyor (see E d i ­ torial Note on fixing the seat of govern­ ment, Vol. 20: 63-5).

From Thomas Barclay Gibraltar, 23 Feb. 1792. For the last three weeks news from Morocco has been various and contradictory. Reports of the dispersal of the army of Muley Ischem and the triumph of Muley Yezid have been succeeded by reports that Muley Ischem has trapped Muley Yezid's army. The only certain news is that Muley Slema has passed safely from the sanctuary at Tetuan to the sanctuary at Mequinez, though for what purpose is not known.—Two frigates returned to Cadiz a few days ago after unloading supplies on the Barbary coast for Muley Ischem with no further news of the Moroccan civil war. Matra, the British consul in Morocco, went to Tangier bay to procure information about Muley Yezid before Admiral Peyton sailed for England. Upon learning that Matra had failed in this mission, Peyton decided to remain here and await further intelligence.—Spanish naval preparations against Morocco continue and when completed will involve about 100 boats that will greatly embarrass the Emperor. Each of the 70-foot boats is armed with a mortar, a howitzer, or a gun capable of firing a 26-lb. shot.—Most of the stores from Oran have reached Carthagena and the town itself will be delivered to the Algerines in the ensuing month. The destruction of the fortifications before the evacuation of Oran is still under debate. The Regency has had no success against the Swedes, the recent report of the capture of a Swedish prize being improbable, and an accommodation between them seems likely. The Queen of Portugal has lost her reason and the country must be governed by a regency. The King of England has recommended a reduction in forces and Parliament is expected to disband twenty regiments. The proposed reduction has created unease here. R C ( D N A : R G 59, C D ) ; 4 p.; at foot of text: "(No. 6)" and "By Captain Baird to Philadelphia"; endorsed by T J as received 10 Apr. 1792 and so recorded in S J L . Dupl (same); at foot of text "No. 6,

(Duplicate) original by Captain Baird to Philadelphia this to Cadiz"; last page only, consisting of most of the last sentence, the complimentary close, and signature.

[ 144]

From Anthony Giannini SIR Feby. 23d. 1792. I have sent you those letters, beging the favour of you, if you will be so Kind as to farward them to leghorn with sharity, beening letters of good importance, Pray Sir. Send them by the first opportunity. Also Please to Write a note where Sige Andrea Frediani should send me the Answers, for he so desire of me to Know Pindirizzo delle lettere, so I beg you to write to him, in Italian or in English, and please to put the note in to this letter that is not sealed, and then Seal the letter, I wish you would not neglect and you will oblige Your Humble Sert. ANTHONY GIANNINY R C ( D L C ) ; addressed, in hand of Thomas M . Randolph, Jr.: "Thomas Jefferson, Secy, of State Philada."; endorsed by T J as received 10 Mch. 1792 and so recorded in SJL.

From Thomas Barclay Gibraltar, 24 Feb. 1792. He wrote to T J yesterday. A vessel just arrived from Tangier brings nothing that might clarify the situation in Morocco.—If the expedition from Cadiz mentioned in one of the enclosed letters has actually sailed, it must be headed south because none of its vessels has appeared in the Bay of Algazires.—Spain has strictly forbidden all communication between this garrison and the Spanish court "except one by water for letters."—[P.S.] This day he received a 27 Jan. letter from Joseph Chiappe of Mogadore saying that circumstances prevented him from giving Barclay more than a general description of the unsettled state of Morocco. Some time before this Chiappe sent a messenger to dissuade Barclay from appearing before the Emperor at Mogadore. Nine days after leaving the messenger returned to Mogadore "plundered of every thing." R C ( D N A : R G 59, C D ) ; 2 p.; at foot of text: "(No. 7)" and "By Captain Baird to Philadelphia"; endorsed by T J as received 10 Apr. 1792 and so recorded in S J L . Enclosures: (1) Extract of letter from Swedish Consul, Tangier, 22 Feb. 1792, stating that there were uncorroborated reports that the Emperor entered Morocco on 2 Feb. 1792 and caused widespread plundering and loss of life. (2) Extract

of letter from Venetian Consul, Tangier, 23 Feb. 1792, stating that there were no confirmed reports of new developments in Morocco. (3) Extract of letter from Venetian Consul, Cadiz, undated, stating that the whereabouts of the Spanish fleet would soon be known. Dupl (same); at foot of text: "(No. 7)" and "Original by Captain Baird this by Cadiz".

[145]

From William Barton [Philadelphia], 24 Feb. 1792. Enclosing a transcript in Currie v. Griffin. For the April term of court, a writ of scire facias must now be issued against the garnishees, which, if T J will direct Remsen to pay him 13/6, he will obtain from the prothonotary and see that it is served in time. Immediately after the court convenes, interrogatories may be filed, and at the September term the case will be concluded. R C ( D L C ) ; 2 p.; with Barton's signed receipt, dated 1 Mch. 1792, for 13s. 6d. Pennsylvania currency received of T J "for the purpose mentioned in this note"; endorsed by T J as received 24 Feb. 1792

and so recorded in S J L . T J sent the enclosed T R A N S C R I P T to Currie two days later ( T J to Currie, 26 Feb. 1792).

From Delamotte Le Havre, 24 Feb. 1792. Nothing remarkable has happened since his of 19 Dec. 1791; Mr. Short's letters by this conveyance will be more informative.— The consumption of tobacco, which is now worth 50 to 60 , cannot fail to increase. Rice sells at 36 and is in short supply. These prices depend on the depreciation of the assignat, which is now worth 30 1/8 for 3 at Amsterdam, 16 1/8 for 3 at London, and 100 marks for 355 at Hamburg. A few cargoes of American flour arrived here today on account of the government. This commodity is needed in only a few provinces, which have not been furnished with it in contravention of the "Loix sur la Libre circulation dans tout le Royaume," but not in this part of France, which has such ample supplies of it that wheat costs less here than in the U.S.—He encloses a list of American ships that came to Le H a v r e during the last half of 1791. No ships came to any other port where he has an agent. He has commissioned François Dechantereyne and Peter Watson to serve as agents in Cherbourg and Dunkirk respectively. Watson has encountered opposition from [Francis] Cofíyn, who claims that he was commissioned agent in Dunkirk by Benjamin Franklin and contends that during the Revolutionary War he was sent to the Swedish and Danish courts by Thomas Barclay when some U.S. ships were confiscated. Watson has prudently refrained from seeking recognition from the admiralty at Dunkirk and will continue to do so until T J resolves this matter. It would be advisable to appoint a U.S. consul or vice-consul at Dunkirk, not only because that port is farfromhere, but also because it is a good market for tobacco. The appointee's department would extend from Gravelines and Calais up the Somme on which St. Vallery, where M. Masset serves as agent, is located.—He regrets that his reports on the cargoes U.S. ships bring from France are insufficiently detailed to assist in the detection of customs fraud but states that he is unable to ask for more specific information from merchants and sea captains without express ordersfromTJ.—The emigration attendant upon the French Revolution will help to people the U.S. He has given M. Degevaudan, a former infantry officer from an honest family, a letter of recommendation for TJ.—He encloses a bill of lading for the "Six paniers de vin de Champagne" Short procured for T J . tt

tt

tt

n

tt

[ 146]

24

FEBRUARY

R C ( D N A : R G 59, C D ) ; 3 p. Recorded in S J L as received 5 May 1792. Enclo­ sure: Delamotte to T J , 24 Feb. 1792, rec­ ommending M . Degevaudan ( R C in V i W ;

1792

in French), M R . S H O R T ' S L E T T E R S : Short to T J , 24 and 25 Jan. 1792. See Short to Delamotte, 4 Feb. 1792 ( D L C : Short Papers).

From George Washington Friday 2 Oclock [24 Feb. 1792] The President desires Mr. Jefferson will give the enclosed Papers an attentive perusal, and return them to him as soon as he has done it; that Colo. Hamilton may have an opportunity of doing it also.—At 10 'oclock tomorrow the P will speak with the heads of departments upon the subject of them, and requests their attendance accordingly. R C ( D L C ) ; addressed: "Mr. Jef­ ferson]"; endorsed by T J as received 24 Feb. 1792 and recorded in S J P L , where the entry reads: " G . W. to T h : J . requiring a consultation of heads of departments." John C . Fitzpatrick implied that the P A P E R S were a 23 Feb. 1792 letter from Justice James Iredell describ­ ing two judicial problems he had recently encountered while riding the southern circuit. But this assertion is demonstra­ bly incorrect. T J received more than one paper from Washington, the problems described by Iredell were not such as to warrant the attention of the full cabinet, and Washington instructed Attorney Gen­ eral Randolph alone on this date to investi­ gate Iredell's complaints (Fitzpatrick, Wri­ tings, X X X I , 484 n. 90, wherein Lear's let­ ter to Randolph is quoted. See also Syrett, Hamilton, xi, 46-9, for text of Iredell's letter). While they cannot be identified with complete certainty, the enclosures proba­ bly included a number of documents per­ taining to American relations with the Creeks and the Iroquois. Secretary of War Knox had recently sent Washing­ ton a draft letter to the Creek leader Alexander McGillivray and draft instruc­ tions to Indian agent James Seagrove, both of which sought to frustrate William Augustus Bowies' anti-American agitation ENCLOSED

among the Creeks, secure Creek com­ pliance with the Treaty of New York, and procure the assistance of Creek war­ riors against the Western Indians (Knox to Tobias Lear, 17 Feb. 1792; Lear to Knox, 23 Feb. 1792, both in D L C : Wash­ ington Papers; Knox to McGillivray, 17 Feb. 1792, and to Seagrove, 20 Feb. 1792, A S P , Indian Affairs, i, 246-7, 24950). T J probably also received certain papers relating to American efforts to induce Joseph Brant and other Iroquois chiefs to visit Philadelphia in order to secure their neutrality during the adminis­ tration's anticipated resumption of hostili­ ties with the Western tribes ( A S P , Indian Affairs, I , 226-8). There is no record of what transpired during Washington's meeting with the H E A D S O F D E P A R T M E N T S in the morning of 25 Feb. 1792, but perhaps it was not entirely coincidental that during that afternoon the President approved a draft letter from the Secre­ tary of War to Joseph Brant, inviting the Iroquois chief to come to Philadelphia for consultations about preserving peace between the United States and the West­ ern tribes (Washington to Knox, 25 Feb. 1792, Fitzpatrick, Writings, xxxi, 484-5; Knox to Brant, 25 Feb. 1792, A S P , Indian Affairs, I , 228). See also Richard H . Kohn, Eagle and Sword: The Federalists and the Creation of the Military Establish­ ment in America, 1783-1802 (New York, 1975), p. 143-6.

[147]

From David Campbell Territory of the United States SIR South of the River Ohio Feby. 25th. 1792. A question has arose, where the Ordinance for the Government of this Territory and the Laws of North Carolina, which by the Cession Act, are in force here, are contradictory, which is to take place. I have sent you inclosed my observations on that matter. You will greatly oblige me, if you will let me know by the Bearer whether you consider my opinion well founded. If not state to me your own, which will lay me under obligations. You will not consider this application as an intrusion, as the object of it is public utility. I have the honor to be with the purest Sentiments of Esteem & Regard your obt. Servt., DAVID CAMPBELL R C ( D L C ) ; endorsed by T J as received 25 Mch. 1792 and so recorded in S J L ; enclosure: Campbell's charge to the grand jury; in a different hand; undated. Under the terms of North Carolina's Act of Cession of 22 Dec. 1789, the laws of that state were to remain in force in the ceded territory "until the same shall be repealed, or otherwise altered" by the legislative authority of the territory (Carter, Terr. Papers, iv, 7). T h e Q U E S ­ T I O N concerned the power of the territo­ rial governor to make subordinate civil appointments, an issue Judge Campbell addressed in his enclosed charge to the ter­

ritorial grand jury. Campbell argued that the congressional ordinance creating the Southwest Territory substantially abro­ gated those provisions of the North Car­ olina Constitution of 1776 that vested all subordinate appointment power with the state general assembly (same, p. 122-8). T H E B E A R E R : David Allison, holder of numerous minor posts in Washing­ ton County, North Carolina, removed to Nashville in 1790 and two years later became Governor William Blount's per­ sonal agent in Philadelphia (same, p. HOn). See T J to Campbell, 27 Mch. 1792.

To George Hammond SIR Philadelphia Feb. 25. 1792. I have now the honor to inclose you the answer of the Attorney General to a letter I wrote him on the subject of your's of the 18th. inst. It appears that the Judges of the supreme court of the United states are open to the application of Mr. Pagan for a writ of error to revise his case. This writ is to be granted indeed or refused at the discretion of the judge; but the discretion of a judge is governed by the rules of law: if these be in favor of Mr. Pagan's application, his case will be reviewed by the supreme court, and the decision against him corrected, [ 148]

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if wrong: if these be against his application, he will then be at the end of the ordinary course of law, at which term alone it is usual for nations to take up the cause of an individual and to enquire whether their judges have refused him justice.—At present therefore I am not able to say more than that the judges of the supreme court of the U . S . will receive Mr. Pagan's application for a writ of error to revise the judgment given against him by the inferior court, and that there can be no doubt they will do on that application what shall be right.—I have the honor to be with the highest esteem Sir Your most obedt. & most humble servt., T H : JEFFERSON P r C ( D L C ) ; at foot of text: "Mr. Hammond M . P . of G . B . " Enclosure: Edmund Randolph to T J , 22 Feb. 1792.

From Thomas Pinckney SIR Charleston 25th. Feby: 1792 As I learn from your favor of the 17th. of the last month that my remaining at home till after the vernal equinox will be attended with no inconvenience to the public, I mean to avail myself of the accomodation thus afforded, by staying in Carolina till the expiration of the month of March; after which I purpose to embark in the first Vessel that shall sail for Philadelphia. I trust, Sir, you will excuse me for using the freedom encouraged, by your former favor when I request that if you should recollect any official paper which I cannot procure in print and which though not immediately connected with the objects of my present mission may yet be of general utility in the same line, you will be pleased to direct them to be added to the other documents with which you may judge it necessary that I should be furnished. With sentiments of respectful Consideration and sincere esteem I have the honor to be Sir Your most obedient & most humble Servant, THOMAS P I N C K N E Y R C ( D L C ) ; endorsed by T J as received 28 Mch. 1792 and so recorded in S J L .

To James Currie D E A R SIR

Philadelphia Feb. 26. 1792.

I have the pleasure to inform you that a judgment was obtained for you agt. Doctr. Griffin the last month, as you will percieve by [149]

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the inclosed. The judgment against the garnishees it seems will take time yet. A scire facias will issue against then, returnable to the April term, interrogatories will then be filed, and the business closed at the succeeding term in September. I observe that Mr. Barton is not without hopes that the garnishees will be found to have some effects.— Hearing from me so rarely on this business, you will need all your confidence in my assurances that tho' I do not take time to write to you thereon when there is nothing material, yet I pay due attention to what is really material, it's progress in court, which has suffered no delay unnecessarily, and shall suffer none. I am, as ever, with great and sincere esteem, Dr. Sir your friend & servt., T H : J E F F E R S O N P r C ( M H i ) . T h e enclosure, a transcript of Currie v. Griffin, had come to T J from William Barton (Barton to T J , 24 Feb. 1792).

From Pierre Charles L'Enfant 1

SIR Philadelphia 26th February 1792 I received your favour of the 22nd Instant. The sentiments as therein expressed I have attentively considered, nor can I discover any Idea calculated to accommodate those dissentions which so unfortunately have invaded the Interests of the Federal City. I am well aware sir that the Season for preparing for the operations of the ensuing Summer, if any are intended has far advanced, indeed the time in which I conceive they ought to have been in readiness, past. You well Know my wished for arrangments tended in a great Measure to that object, consequently the fault cannot be mine, as my every exertion to accomplish it, was impeded by the Commissioners; The Circumstances attending these inconveniences, have afforded me much anxiety, solicitous as I always have been for the interest of that City. At the Same time I acknowledge that I am not a little Surprized to find that a doubt has arisen in the Mind of yourself or the President of the uncertainty of my wishes to continue my Services There. The Motives by which I have been actuated, during the time I have been engaged in it, the continual exertions I have made in its promotion the arrangment for this purpose which I lately handed to the president indeed every Step I have taken, cannot but evince most Strongly how solicitously concerned I am in the Success of it, and with what regret I should relinquish it. My desires to conform to the Judgment and Wishes of the presi­ dent, have really been ardent, and I trust my Actions have always manifested those desires most incontrovertably, nor am I conscious in [150]

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a Single instance to have had any other Motive than an implicit con­ formity to his Will. Under these impressions at the most early period of the Work, no attention or politeness as a Gentleman has been wanting in me to attain the Confidence and secure the Friendship of the Com­ missioners,—I courted it—I sincerely wished it, knowing that with­ out a perfect good understanding between them, and myself, whatever exertions I should make would prove fruitless, and embracing in my mind the immensity of the Business to be undertaken, evinced to me the necessity that I should be disengaged from every Concern, and be devoted wholly to forming and carrying into execution a plan in which I promised myself every Support from them, trusting they felt a similar interest in the propriety and Success of the Undertaking, and that they would therefore freely have relied upon me in all Mat­ ters relating to my professional Character, and requested from me all the information and assistance in my power to aid them in the perfor­ mance of their share of the Business, which in Men so little versed in the Minutiae of such operations would have been judicious and might in propriety have been done, without descending from that pride of office which I am mortified to be obliged to say it has been their chief object to gratify, seeing that supercilious Conduct, and haughty Supe­ riority which it is well known they soon assumed toward me forced me no longer to act, but in Defiance of them. This indeed has afforded me in an especial Manner much Concern Knowing that the President had always entertained a different opinion of their dispositions, and delicately situated as I was, put it out of my power to assure him that his expectations of these Gentlemen adhering to their protestations to him as they respected his repeated injunctions to them, to acquisce in an support every measure I might suggest or pursue, consistent to a true sense of what was proper and just, were erroneous, as on the contrary though apparently acknowledging themselves obliged to me for affording necessary information, on receiving it have uniformly acted in opposition thereto in every instance, and appear rather to have endeavored to obtain that Knowledge from me the more effectually to defeat my intentions—being too well convinced, after the repeated trials I have made that the temper of the Commissioners individually, will ever in spite of all arrangment that can be made (under the pre­ sent circumstance of the Law, induce them to oppose me merely to teize and torment, their vanity becoming daily most evidently incited to this, justifies every apprehension of the Contest being renewed with acrimony, and assures me that the inquietude I feel must continue to the end to impede the Business, which will oblige me to renounce the pursuit of that fame, which the Success of the undertaking must pro[151]

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cure, rather than engage to conduct it under a System which would I am fully Satisfied not only crush its growth, but make me appear the principal cause in the destruction of it. It was not my view in this address to question the Discretion, good sence or Zeal of the Commissioners. Of the Extent of the Former as they respect a competent Knowledge of the duties incumbent upon them, as well as the activity and ardour, with which these duties have been performed; the President as well as yourself upon an impartial review of their proceedings must surely be quite sensible. Of that unbiassed Zeal on which you seem to place confidence, I only observe, that if it is, or ever has been great, the Methods, they have from time to time taken to testify it, are strange ones, and such as few zealous persons in any cause, impressed with a due Sence of their duty have ever pursued: seeing however there is much Stress laid upon the propriety of their Conduct, and the Motives by which this Conduct has been inspired, lays me under the necessity in justification of my own feelings to enumerate some instances that occurred in the Course of the Work in which they have in my opinion been rather deficient, and such as the President himself will recollect.—In the First instance then you must remember what difficulties were encountered to obtain ground proportional to the plan then under Consideration of the President and how greatly these difficulties were augmented by the non-concurrence of the Commissioners in any Step I had taken to that effect—also the unwearied efforts made by them to cause some alteration in the plan since approved by him, all which evinces in them a greater concern to favour individual Interest, than attention to secure the public good. This disposition has been particularly man­ ifested in the Business of the Boundary line of the City which they ordered to be run contrary to all reason, and before the President him­ self had determined upon the extent of that line, for which he waited the result of operations I was then engaged in. They even endeavoured to conceal from me this Measure, directing Mr. Ellicott to proceed according to their own Ideas: the Consequence of this imprudent act was a general opposition to deed the land granted the public, every individual justly conceiving they had as much right to partiality as Mr. Notley Young, whose interest it seemed to be the sole object of the Commissioners thereby to benefit. The difference with Mr. Stoddert originated from this Source alone, by leaving out of that line his Spring, which it was intended to include, and became a forcible argument to that Gentleman to obtain his Wish, to the evident dis­ figuration of the plan—when afterward anxiously desirous to afford immediate advantage to the City by giving to the George town people 2

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every incitement to extend their improvements across Rock-Creek I after much persuasion actually prevailed upon Mr. Robert Peter to commence with the Public, by wharfing that part of the Harbour belonging to him, and doubtless would have induced him to under­ take the whole work, upon terms advantageous to the public: this Idea the Commissioners rejected and that without enquiring into the propriety of the Measure, conceiving that such improvement would be destructive or injurious to the Carrollsburg interest, which in fact it would evidently have promoted, the intent being to have given a Start to Water Street, leading round the point across Funks Town, to the grand Canal—This object of the Canal which seemed at first to have met their Concurrence, they prevented from being began as it ought to have been the last Season, disregardless of the Benefit that would ensue to the City, in an easy transportation to the various parts of it, and inattentive to every weighty argument to forward that object, under the influence, and intimidated now, by the George town oppo­ sition to that Measure, as injurious to the rapid improvement of that place. Thus wavering between the discordent Interests of Carrolls­ burg, and George town it cannot be wondered at that my attempts for the advancement of the general Good failed with them. They had opposed, as I before observed the proposal which Mr. Peter at my desire intimated in a letter to the President, and which conse­ quently fell through. Not discouraged however by this, I was induced to make another attempt to obtain a Bridge across Rock Creek. The Commissioners again not only slighted this design, but actually encouraged an opposition to it; finally I ventured to propose terms by which a Certain quantity of Ground in george town was ceded for this purpose to me in behalf of the public on the 12th of October last, and upon the same terms that the proprietors in the City had deeded their lands. Constantly misled by the allurement of parties, or through jealousy of all Measures not originating with them, with a tempera­ ment little adicted to Business they could in no instance do any thing advancive to the real Interest of the Establishment always mistaking the jarring Concern of party to the Interest of the Whole, involving themselves in Contention and disputes, so incompatible to the Interest of the Main object. If conscious of their own inability, they rested upon the judgment and exertions of others, they at the same time appeared determined to check and oppose every Measure, the Success of which could reflect no honour upon themselves—and in their endeavours to this effected so far as to create dissention with the Principals concerned in the execution, and encourage Mutiny among the people. Admitting however their Confined Ideas of the extensive work on [153]

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hand to be a Kind of an apology for the injudicious Manner in which the Business as hitherto Stated has been conducted, yet are there some Circumstances to be considered, that I conceive would fall more immediately under their Notice than an interference in my professional Concerns and which will evince most clearly how wonderfully defi­ cient they have been in the prosecution of every part of their duty— such as Contracts, supplies of provisions &ca. and the arrangment of the Finances.—With respect to the former, the agreement with Mr. Fendali for rough Stone, and the Contract for Pitch pine Logs, upon an investigation of these the only ones that I believe have been made, you will find that in one instance they gave no public notice of their intention, and privately closed the Contract, allowing a greater price far, than what was afterward offered by others to furnish it for. In the Contract for logs it is well Known they not only neglected in the advertisement to specify a time to close all proposals, but actually gave considerably more, than they could have been supplied at according to proposal by a letter I handed to them. In another Instance Mr. Notley Young was directed to erect Barracks, without any agreement as to the expence attending them, the amount of course amounted to almost twice the Sum, for which with the hands then in employment we could have built them. Those now about to be erected by their order will cost £ 7 . 1 0 which is still more extravagant, and by what I of late understand are to be placed in a Situation, from which there will be an immediate necessity to remove them. Their inattention to a regular and (economical Method to obtain the necessary Supplies, and the uncertain Mode of procuring Money, which with a little attention they might easily have obviated, are facts so evident as to need no Comment. The only purchase of any Magnitude was that of the Stone Quarry. For full information of the Manner in which this Business was con­ ducted, I refer you to the enclosed letter, that I wrote to Mr. Brent upon particular application from his Brother here, a Copy of which has been forwarded by me to George Town. About this time Mr. Cabot was employed to go to the Eastward, and a Sum of Money for this purpose allowed him, without even the Shadow of power to engage either Men Materials, or Provisions. Mr. C . in a letter to me laments that this want of proper authority has been really injurious to the Cause, by impressing the Minds of People with Ideas of that want of System, and confidence, which so vague an Embassy testifies. As the foregoing includes all the principal pursuits of the Commis­ sioners since the first of the Establishment, it is needless, and would 3

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be inconsistent to tire your Patience, in viewing a detail of all the trifling transactions in which they have been engaged at their differ­ ent Meetings—all which have been managed in a Manner similar to those I mention. It may not however be amiss here to observe, that the Commissioners appear to place much confidence in the Errors, which (they are desirous to believe,) I committed in taking down Mr. Carrolls house, and in the Circumstance of Mr. Youngs happening, and doubtless wish to take advantage of them; as the Incidents atten­ dant upon the former of these transactions particularly, are lengthy, it cannot with propriety be discussed here, nor indeed do I conceive it necessary inasmuch as the Papers relative to my Justification in the Business, are in the possession of the President, and which you doubt­ less have seen. If it is argued that I proceeded to the destruction of that Building, in opposition to an injunction from the High Court of Chancery, or orders from the Board of Commissioners, I can safely say, that I never saw the Injunction. It never was served upon me, nor did I ever receive an order from the Commissioners upon the Subject and with equal Confidence can I assure you that I never told Mr. Carroll, as has been reported, that the destruction of his house was necessary to save that of Mr. Notley Young, only endeavoring (as my letter to him will prove) to convince him (Mr. Carroll) that the removal of that Street was absolutely inadmissible, as it would not only positively destroy the Plan of the City, but might endanger the house of Mr. Young, in changing the position of the various Streets dependent upon that one; and I can further assure you that the Street which now strikes Mr. Young's house is totally unconnected; with that which occasioned the demolition of Mr. Carroll's and consequently can afford no just ground of Complaint to either of those Gentlemen. 6

It is also unnecessary to enter upon the Subject which has lately engaged our attention in the City; my letters, and the Papers I have handed to the President containing so full and accurate a State­ ment of those Proceedings, for which every dispassionate, impartial observer, must very cordially condemn them. The imprisonment of Mr. Roberdeau for acting under my orders, and without even a sus­ picion of their design was highly injudicious, and Rash, seeing that I cannot but be involved with him in the Trespass, by which it was occasioned, and upon the Tryal, which will come on in a few days, I shall be obliged publicly to expose these transactions in my own Justification, to their dishonour, and to the evident disadvantage of the General Cause. This spirit of opposition and thirst for power has been extended from me individually to the Executive Branch of the Government of [155]

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the State of Maryland, in obtaining a Law, penned by themselves, which will not answer the purposes for which it ought to have been intended, in some parts it is positively unconstitutional, and a direct infringment of the prerogative of the Governour and Council of that State. The Consequence of this design is, that there are now two Offices of Record, open for the City at George town, the one under a Commission from the State of Maryland, the other under an appoint­ ment of the Commissioner by virtue of the aforesaid Law; in this and every appointment of those now employed in the City, it surely is most perceptible, that the principal object with them has been merely to provide for Friends. Although I am unwilling to place Confidence in the artful insidious insinuation of an Intention to render an Arrangment so difficult as to discourage and deter me from pursuing the Business, yet am I inclined to believe that some such intention has been excited, well assured that the Contemptible ambition of some Men, who doubtless are not want­ ing in assiduity or address to take every advantage, would be gratified to engage under the Commissioner's direction in the Execution of the plan now finished, and which may appear to them easily accomplished. Little Inclined to contend with those Rivals and too well aware of the fallacy of such an Inference, which must be manifest to every impar­ tial Man, I rest satisfied that the president will consider on the Extent of the work to accomplish, that he sees, that erecting houses for the Accommodation of Government, is not the only object, nay not so important an one, as the encouragment to prepare buildings at those principal points, in the speedy settlement of which depends the rapid increase of the City, and which requires more than the Servile atten­ dance of Men unconcerned in the issue of their labors who would rest their fortune on the long continuance of the Work, while the prosperity of the Undertaking depends upon that Spirit of enterprize by which all improvments must be made, and that prudential Manner by which the Sale of lots, and all establishments both public and private shall be conducted. Whatever may be thought of the advantages to be derived from the natural and local Situations of that Spot determined for the Federal City, as well as from the various Interests that one day may center there yet in so early a Stage of its growth, and placed as it is remote from the populous part of the union, they are but Ideal, seen as it were at a distance, of course imperfectly, which will be drawn near­ er, and substantiated exactly in the Ratio, that exertions in pursuit of the operations necessary to accomplish the plan adopted are made, nor must it be expected, that any thing short of what I proposed will [156]

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answer that purpose, or warrant Success. To change a Wilderness into a City, to erect and beautify Buildings &ca. to that degree of perfec­ tion, necessary to receive the Seat of Government of so extensive an Empire, in the short period of time that remains to effect these objects is an undertaking vast as it is Novel, and reflecting that all this is to be done under the many disadvantages of opposing interests which must long continue to foment Contention among the various Branches of the Union—The only expedient is to conciliate, and interest the Minds of all Ranks of People of the propriety of the Pursuit by engaging the national Fame in its Success, evincing in its progress that utility and Splendor, capable of rendering the Establishment unrivalled in great­ ness by all those now existing, by holding out forcible inducements to all Ranks of People. These Ideas more than once have I suggested to the Consideration of the President, and as I become more conversant with the peculiar circumstances of the Country, daily are they more forcibly impressed upon my Mind, and as my Enquiries on the Subject have not been limited to the narrow Compass of the Territory allotted to the Federal Jurisdiction but extended to the most distant part of the Country with which the Potomak is, or may become connected, so have they evinced to me that the inconveniencies which may be urged in opposition to the Success of the undertaking far counterbalance the advantages alledged in its support. Impressed so strongly as I was in the most early Stage of the Business with these sentiments, induced me to doubt the Eligibility of the intended Establishment and would have dissuaded me from taking any concern in it, had it not been that while I feared a disappointment ultimately in the object in view, I was too fully sensible of the importance of its success to the Interest of the Union, and could not but feel myself deeply concerned in promoting that end, which I knew it was the earnest wish of the President to effect. The difficulties then contemplated served only to create in me a desire of surmounting them, at the same time pointed out to me the propriety of that Steady impartial Conduct which until this moment I have endeavoured to pursue, fully Satisfied that in the delineation of a plan which the only chance I saw to make it answer, was to confine it to the local Situations of the various parts of the ground, that by taking advantage of the Beauties of Nature, the improvement might become attractive, it would have been impossible for me to have met the concurrence of all concerned in the Partition of those improvments but desirous not to injure any of them, and the better to accomplish the grand object, at the same time foreseeing the Conse­ quences of petit Contention among the parties, I resolved stedfastly to [157]

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proceed, unimpeded by them and disregardless of Clamour, and Cav­ ils, which I trusted would subside after a progress in the work, would testify that my every Step and operation, were impartially directed to spread through and over all the Spacious surface of their various property, a proportionate equality of Advantage, in the end to enrich them, while it procured resources sufficient to accomplish completely the undertaking. Thus actuated by the purest principles, and appre­ hending the Mischief that would arise from an interference in Matters which I conceived could not be generally understood induced me to those Exertions I made to obtain a Concession of Territory of greater extent than that which had at first been granted, or considered, and afterwards forced me in executing the plan to bear down all opposi­ tion regardless of whatever ill consequences might ensue to myself, in withstanding alone, the assailment of presumptuous Contenders, convinced that I could expect no Support from the Commissioners; altho' it was their duty and ought to have been their chief care, to help the Business of the Public in lieu of courting the trifling interest of Individuals. That none of their exertions have been influenced by the advance­ ment of the Business, but that their every Step has been determined through partial Concern, prejudice, or an unfriendly disposition to all the measures I could suggest is I hope too well evidenced to leave you in any doubt but that all my opposition to them, and the deter­ mination I have taken no longer to act in Subjection to their Will and Caprice, is influenced by the purest principles and warmest good wishes to the full attainment of the main object, and you will doubt­ less consider that although from the Confidence which I flatter myself the President has placed in me I would be induced to endeavour to accommodate all Matters with the Commissioners, yet those Gentle­ men by their general Conduct toward me, and the length to which they have carried Matters in the late instance places this out of my power, and renders it in the highest Manner inconsistent for me to enter into any arrangment with them.—If therefore the L a w absolutely requires without any equivocation that my continuance shall depend upon an appointment from the Commissioners, I cannot, nor would I upon any Consideration submit myself to it.—I have the honour to be &c. &c. Dft ( D L C : Digges-L'Enfant-Morgan torial Note on fixing the seat of govern­ Papers); in Roberdeau's hand. Not ment, Vol. 20: 70-2. recorded in S J L or S J P L . T h e date appears in L'Enfant's hand, L'Enfant's dismissal is discussed in E d i ­ in a different ink, apparently having been 1

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added after the long letter was finished and approved for delivery. L'Enfant inserted this word, appar­ ently in pencil, above the line at this point. Preceding three words inserted above line. L'Enfant noted in pencil here: "See letter of the 10 of february to Robert Brent". 2

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5

L'Enfant added a note here; illegible. T h e preceding clause inserted above the line. L'Enfant inserted a mark here as a reference to the following pencilled note: "See my letter to the Commis­ sioners December 1791 by which it will be Evinced that the Comrs. had been apprised of my Intention—&c." 6

To Martha Jefferson Randolph M Y DEAR MARTHA Philadelphia Feb. 26. 92. We are in daily expectation of hearing of your safe return to Monticello, and all in good health. The season is now coming on when I shall envy your occupations in the feilds and garden, while I am shut up drudging within four walls. Maria is well and lazy, therefore does not write. Your friends Mrs. Trist and Mrs. Waters are well also, and often enquire after you. We have nothing new or interesting from Europe for Mr. Randolph. He will perceive by the papers that the English are beaten off the ground by Tippoo Saib. The Leyden gazette assures that they were saved only by the unexpected arrival of the Mahrattas, who were suing to Tippoo Saib for peace for L d . Cornwallis.—My best esteem to Mr. Randolph, & I am my dear Martha your's affec­ tionately, T H : JEFFERSON R C (NNP). P r C (MHi).

To Fulwar Skipwith DEAR SIR Philadelphia Feb. 26. 1792. I have duly recieved your favor of the 5th. inst. and wish I could give a more satisfactory answer to it. I do not believe our Consuls in the French islands will be recognised by the government of France very shortly. Should the treaty they have proposed, come to any thing, perhaps we may get this matter determined expressly. The Consular bill has never yet been taken up by the house of representatives. A member has promised me to have it brought forward. I received by Mr. Dawson a packet of letters which came from Havre for me, and were handed him by Mr. Aitcheson of Norfolk. There should have been with them a packet of newspapers pamphlets [159]

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&c. among which was one, of some consequence, as being referred to in the letter. I will thank you to make the necessary enquiries after this packet, of Mr. Aitcheson, or the Master of the ship or other person and communicate to me what you learn.—I am with much esteem Dr. Sir Your most obedt. humble servt., T H : JEFFERSON RC (PHC). P r C (DLC). Written from Norfolk, Va., Skipwith's O F T H E 5 T H . I N S T , contained an announcement that he planned to return to Martinique and inquired about a pos­ sible appointment in the consular service "should the bill . . . respecting Consuls be passed into a law, and the prospect of their being recognized in french Colonies appear not far distant" ( R C in D N A : R G FAVOR

59, C D ; endorsed by T J as received 16 Feb. 1792 and so recorded in S J L with the mistaken origin of "Richmd."). T h e T R E A T Y in question was the new commer­ cial treaty between France and the United States proposed by the National Assem­ bly on 2 June 1791 (see George F . Zook, "Proposals for a New Commercial Treaty between France and the United States, 1778-1793," South Atlantic Quarterly, vu [1909], 278-83).

From George Washington SIR 4 Oclock [Feb]y. 26th. 1792 I have perused the enclosed answer to your letter, to Majr. L'Enfont.—Both are returned.—A final decision thereupon must be had.—I wish it to be taken upon the best ground, and with the best advice.—Send it, I pray you, to Mr. Madison who is better acquainted with the whole of this matter than any other.—I wish also that the Attorney General may see, and become acquainted with the circum­ stances ( I can think of no other, at this moment to call in)—and wish that all th[ree] of you would be with me at half aft[er] Eight o'clock tomorrow, if convenient, [or] at a later hour, to be named, that I may be at home and disengaged.—Yours sincerely, Go: WASHINGTON RC (DLC); slightly mutilated; addressed: "Mr. Jefferson"; endorsed by T J as received 27 Feb. 1792; recorded in S J P L under 26 Feb. 1792 as being "on

Federal city." T h e E N C L O S E D letters were T J to L'Enfant, 22 Feb. 1792, and L ' E n fant's reply of 26 Feb. 1792.

From George Washington Sunday-Morning 26th. Feb. 1792. The P returns the enclosed Report to Mr. J Boundary and the Navigation of the Missisipi are clearly defined—The propo­ sitions respecting Commerce he presumes is equally so, but having 1

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little knowledge of this subject he trusts to the guards provided by Mr. J The P has put one or two queries in the Margin of the Report merely for consideration. R C ( D L C ) ; addressed: "Mr. Jefferson"; endorsed by T J as received 26 Feb. 1792 and recorded in S J P L , where the entry reads: "on T h : J . report of instructions to Carmichael and Short." The version of the R E P O R T being returned was a draft of the Report on Negotiations with Spain, 18 Mch. 1792. The copy Washington returned with marginal queries has not been found. T J later stated that he had asked the President to have Hamilton review the draft, but

Washington's failure to mention Hamil­ ton in this letter suggests that he did not give it to him. It seems that T J himself gave the draft to Hamilton after receiv­ ing it from Washington (see Hamilton's Notes on Report of Instructions for the Commissioners to Spain, with Jefferson's Comments, 1-5 Mch. 1792; and Memo­ randa of Consultations with the President, 11 Mch.-9 Apr. 1792). 1

Washington first deleted "Territory."

wrote

and

then

To Pierre Charles L'Enfant SIR Philadelphia Feb. 27. 1792. From your letter received yesterday in answer to my last, and your declarations in conversation with Mr. Lear, it is understood that you absolutely decline acting under the authority of the present commissioners. If this understanding of your meaning be right, I am instructed by the President to inform you that notwithstanding the desire he has entertained to preserve your agency in the business, the condition upon which it is to be done is inadmissible, and your ser­ vices must be at an end.—I have the honor to be Sir your most obedt. humble servt., T H : JEFFERSON 1

2

3

R C ( D L C : Digges-L'Enfant-Morgan tion and indemnification for his services to the government (L'Enfant to T J , 7 Dec. Papers). P r C ( D L C ) . F C ( D N A : R G 1800; T J to L'Enfant, 14 Mch. 1802). 360, D L ) . T r ( D L C : Digges-L'EnfantMorgan Papers). Dft ( D L C ) ; in the hand In Dft, Hamilton wrote "From your of Alexander Hamilton, with variations in letter (of) in answer to mine of the", leav­ phraseology as indicated in notes below. ing the date to be supplied by T J . L'Enfant's D E C L A R A T I O N S had been In Dft, Hamilton first wrote and made in a meeting with Lear between then deleted: "and that the alternative is 17 Feb. and 22 Feb. (see Editorial Note either to supersede them." Moreover, the on fixing the seat of government, Vol. remainder of the letter appears as a sepa­ 20: 69-70). This letter marks the end of rate paragraph. correspondence between T J and L'Enfant Hamilton first wrote in Dft "his desire until late in 1800, when L'Enfant began to," but altered it to read as above. a limited exchange concerning compensa­ 1

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From Oliver Pollock SIR Philadelphia February 27th: 1792. The peculiar predicament in which I am placed will I hope in some measure apologize for troubling you with this Letter. In the year 1783 the United States were pleased to appoint me their Commercial Agent at the Havana at which place I resided in that character until 1785. It is not necessary to detail to you the Embar­ rassments that I met with in that Government from my Creditors or rather those of the United States and of the State of Virginia, by whose orders I had run in Debt for large sums at New-Orleans during my Agency in the Contest with Great Britain. Let it suffice to say that I have lately settled and paid off his Catholic Majesty's Commissioners all the Debts which I had contracted with his Majesty or his subjects at New-Orleans and the Havana. I therefore now come to request your interference with his Catholic Majesty's Commissioners respect­ ing the sum of 9574-J- Dollars in the enclosed Affidavit mentioned with the Interest since the Day of attachment which sum was taken and detained from me ever since, on account of the Bills I drew by order of the Executive of Virginia, which you no doubt must recollect as that order was cloathed with your own signature as Governor of that State. I have made sundry attempts with the Commrs. of his Catholic Majesty to have this sum discounted out of the monies I owed to his subjects but all in vain, and all communication between the United States and the Havana being prohibited I have never had it in my power to receive the money or any compensation therefor. T h e fact I believe, is that the Government at the Havana has recovered the money for my account, in consequence of which I beg your application to his Catholic Majesty's Commissioners for it. It may probably be urged by that Government that the money or some part thereof was never recovered from the Bakers and that from the length of time they are now Dead or become Bankrupts, but as Government then put it out of my power to recover those Debts; I must expect redress from them or the State of Virginia for my private property that was wrested from me on account of her Debts. I make no demand of my carriage and Mules as the late Count de Galvez on his arrival at the Havana as Governor very generously restored them to me.—I have the Honor to be Sir, Your most Obedient and Most Humble Servant, OLR. POLLOCK R C ( D N A : R G 360, P C C ) ; endorsed by T J twice as received 28 Feb. 1792 and so recorded in S J L .

Pollock's claim stemmed from his failure to receive payment from some bakers in Havana for flour he supplied them

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during his term of service as American commercial agent to Cuba from 1783 to 1785. T h e government of Cuba made it impossible for him to recover this money by imprisoning him for eighteen months at the behest of some of his importunate creditors in New Orleans. T J referred Pollock's claim to the Spanish agents in Philadelphia, but Pollock never obtained the money he sought ( T J to Jaudenes and Viar, 4 Mch. 1792; Jaudenes and Viar to T J , 7 Mch. 1792; James A . James, Oliver Pollock: The Life and Times of an Unknown Patriot [New York, 1937], p. 285-96, 327-44). Prior to writing this letter, Pollock had given T J information about the envi­ rons of New Orleans, where he had lived the previous two years between the time in Havana and coming to Philadelphia to press his claims. T J ' s notes, headed "Oliver Pollock's informn. Feb. 18. 1792," were used in his report to Washington of 18 Mch. 1792 and read as follows: "The country on the Western side of N . Orleans is not entirely sunken, but capable of being reclaimed by banks as the East­ ern side. Particularly opposite to the town of N . Orleans the ground is as high as that of the town.—From the town of N . Orleans downwards quite to the Detour aux Anglois, if the bank was continued, it would reclaim the ground, and even below that turn. T h e site of Fort Ste. Marie is never overflowed, but the insu­ lated ground is very small indeed, perhaps an acre. T h e fort was on a high bank. It is about 100 yards from the fort to the water side along a sloping descent, and for half a mile up and down the river the deep water

1792

is so close to the Eastern bank that a ship lays at it as at a wharf. About a league back to the lake where there is a Spanish town. T h e ground rises from the Missisipi to the lake. Fort St. Marie a fine place for a trading town, more accessible to the sea than N . Orleans, but N . Orleans has the advantage of a gut or water communica­ tion with the lake back.—The island of N . Orleans 60. leagues long, and the town is about half way it's length. T h e channel of the river Missisipi is extremely crooked, crossing perpetually from one side to the other. And wherever there is deep water and a strong current on one side, there are shoals on the other and an eddy setting up (on the other). Were it not for these eddies the river could not be navigated upwards. T h e boats cross over from eddy to eddy and go up the eddy. Hence the river would be useless to both Americans and Spaniards were not it free to both in it's whole breadth" ( M S in D L C ) . Pollock's information on New Orleans was one of several sources T J drew on for his report of 18 Mch. One, undat­ ed, entirely in T J ' s hand was headed: "Mr. Wooster's informn", and docketed by T J : "New Orleans Wooster's informn." ( M S in D L C : T J Papers, 80:13907); another undated document in the hand of James Madison was headed: "Informa­ tion of Phil. Barbour, who resided long in West Florida" ( M S in same, 80:13911); and an undated document entirely in T J ' s hand headed: "from commencmt. of the Iberville to N . Orleans," docketed on verso containing some previous notations lined out: "Min. &c.-New Orleans" ( M S in same, 80:13878).

From George Washington [ca. 28 Feb. 1792] Would it be advisable to let L'Enfont alter the Plan if he will do it in a certn. given time—and provided also we retain the means if any thing unfair is intended that we may not suff[er.] Ought any thing to be said in my letter to him respecting payment for his past Services.— Should Mr. Ellicot be again asked in strong and explicit terms if [163]

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the Plan exhibited by him is conformable to the actual state of things on the ground and agreeable to the designs of Majr. L ' E . Also whether he will undertake and execute with all possible dis­ patch the laying off the Lots agreeably to the Plan, under the Authority and orders of the Comrs. M S ( D L C ) ; entirely in Washington's hand except for notation on verso in clerk's hand: "The President of the United States"; endorsed by T J as received "Feb. 28. or 29." but recorded in S J P L under 26 Feb. 1792—the latter date being obviously incorrect, since Washington's

queries were certainly written subsequent to the rejection of L'Enfant's condition on 27 Feb. 1792. M Y L E T T E R : Washington to L'Enfant, 28 Feb. 1792, printed in Fitzpatrick, Writings, X X X I , 488-9.

From Thomas Johnson SIR Frederick 29 Febry 1792. Though I was disappointed in my expectation of going to Philadel­ phia about the sixth of this month I hoped nevertheless to have been there no great while afterwards for I felt myself much interested that seasonable and effectual Measures should be taken to forward the Busi­ ness at the Federal City and secure its Interest. My own Indisposition and the State of my Family have prevented the Journey and afford no prospect of my undertaking it soon. I wrote to the president on several Heads which I then thought worthy of Thought and should now and then communicate indigested Ideas to him as they arise but knowing his Attention to Correspondences and that his mind must be continually on the Stretch on much more important Matters, I forbear sometimes to write merely on Account of the Trouble it would give him. Satisfied you have the same wish for his Ease that I have and that any Observations I may make to you may, if they are worth it, be referred to his Consideration rather as Amusement than Business I have resolved to write to you. My Motive must be my Apology. I lately recieved by way of George Town a Letter of a pretty old Date from Mr. Welsh inclosing propositions for a Loan of a Million of Dollars. He informs me he had Conversation with the president and with you on the Subject. I have had no Opportunity of seeing Doctr. Stuart or Mr. Carroll since I received Mr. Welsh's Letter. From the wording of the Scheme it seems to refer so closely to Majr. LEnfant's Ideas on Works of Ornament that if it is accepted nothing of that kind can be departed from. With me it is assuming what I would not agree to. I can see no propriety in applying Money to levelling [ 164]

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Streets, making Canals and Aquaducts and such other purposes but out of the Surplus of what is necessary and useful. I inclose you a rough Calculation of what may be received in five Years on the Loan and what must be paid in 25. If my Calculation is right the Sale now of 6000 Lots will give us in the Course of five Years the command of very near as much Money at 120 Dollars a Lot as the Loan of a Million which will require the Sale of the same Lots to be 366. each and if any Body is to be benefitted by the difference on their rise I should wish it to be the first Improvers. But we are not ready for either a Sale or Mortgage nor do I see when we shall be. For though I hear the plate is about and I wish to hear it was done, I have no Confidence in it's Accuracy. Majr. Ellicott constantly gave the Idea to me and others that it was mere fancy Work and in the progress of the Survey required frequent Alterations. How the president will get the rest done I don't know. Perhaps the imperfect State of Things may make the same Artists more necessary. If they are continued it is certainly necessary that their powers should be well understood. On the most mature Reflection I am determined to have nothing to do with Majr. LEnfant. I do not mention it with a View to oppose myself as of more Consequence in the Business than the Major and reduce the president to part from one of us but I will no longer hazard my Quiet nor should I at the first if I had had the same Idea of his Temper that I have now. If the president thinks him essential in designing the City it will be well to give him power in the Affirmative restrained by express Negatives else it will grow in his Hands. When I first saw the Draft of the City indeed I believe in Conver­ sation on it before I was apprehensive that the Avenues would when built on have a disagreeable Effect because of the Buildings on the sharp Angles being out of Square and I mentioned it I was rather beat down by positive Assertion than satisfied. I see by the Notes published that those Angles are a certain Number of Degrees or not less than a certain Number of Degrees. I have since reflected on this Circumstance and if in the actual Execution of the Work buildings can be placed on those Corners to have an agreeable Effect a Model may now be made and placed on the Lines drawn on a large Scale. I wish the president would have it done if he is not intirely satisfied without for I cannot conceive how a Roof or Walls out of Square can be made to square or range with the Roofs of the Avenue and Street or either of them. I may be mistaken and I wish I may. If I am not the fewer Avenues the better. I have never heard whether Majr. L'Enfant has prepared Drafts of the Capitol Palace and other public Buildings or any of them from the [165]

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places marked out and common Report for I know nothing farther as to those Designs. The Capitol seems to me to be on a very extraordinary Scale and I suspect that the Concentration of the Streets and Avenues is calculated accordingly so that it must either proceed or a good deal of the Work must be done over again. I much wish if the Majr. is to finish these plans that the president had them and that he may suspend his Judgment on them till he examines them on the Spot and calculates the Cost or has it done by some Body else. I cannot fancy to myself any Thing more mortifying to him than to see the Work stand or remain in an imperfect State for want of Funds if it should be occasioned because the plan was incautiously adopted and much beyond what would be convenient. Richardson Stewart of Bait, very well known to the presidt. was here a few Days ago. It is S in the Way of his profession and I think him a good Judge. He says if these Houses are 120 long and 80 or 100 broad he would recommend that the Walls should be two Seasons in carrying up the Foundation to the Surface of the Ground of the hardest largestone, the outside of the Walls then of brown face Stone from Douglass if it may be had on tolerable Terms for the first Floor; the rest of the Face of white face Stone. The inner Part of the Walls of common Brick. That this is a common Way of building the best Houses in Ireland and in England and that finding cutting and laying the Stone of the purchased Quarry, in Baltimore, is a third of a Dollar a superficial Foot in Front. He has corrected me in one thing. I thought the Stone had best be sawed, he says if the Workmen are good it is easily split with very little Waste and worked with Chisels much cheaper. The Commissioners have met with several disagreeable Occurences without going out of their Way to provoke them. A Copy of the Commr.'s Letter to Mr. Walker and of his Letter to them shew that the falsity circulated against the three Commissioners had dwindled into a witty Joke and that levelled more immediately at Mr. Carroll having no better Foundation was likely too to be given up. Mr. Carrolls great Anxiety induced him to trace it farther. In a Letter I received from him Yesterday he sent me the Copies I now inclose from Mr. Brent Majr. L'Enfant and Mr. Young. Saving the rudeness of Mr. Walkers and Majr. L'Enfants Letter it is apparent that they both hold the Commrs. in sovereign Contempt and that the Major would have them act a very subordinate part or not at all. Major L'Enfant in his Conversation with Mr. Fenwick and Mr. Walker in his Letter refer to the filling up a Hole as if countenanced by the president when the Majr. must remember very different Things past at the Time. You will excuse this prolixity. It is not worth while to trouble you with it as to what is past 1

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but it opens the prospect in future. Majr. L'Enfant speaks harshly of the Commrs. Neither he or I was there. He has great Credit in his Informer. I am Sir with great Regard Your most obedt. Servant, T H . JOHNSON R C ( D L C : Washington Papers); en­ dorsed by T J as received 7 Mch. 1792 and so recorded in S J L . Enclosures: (1) Calculation of loan proposal. (2) State­ ment of Notley Young [n.d.]. (3) Mem­ orandum of Ignatius Fenwick on conver­ sation with L'Enfant [n.d.]. (4) Extract of Daniel Brent to Robert Brent, 3 Feb. 1792. (5) T h e Commissioners to George Walker, 20 Jan. 1792. (6) Walker to the Commissioners, 21 Jan. 1792.

proposal. Similarly, the N O T E S P U B ­ were general observations about L'Enfant's plan, given by L'Enfant to Philip Freneau, and printed in early Jan­ uary in the National Gazette (Editorial Note on fixing the seat of government, Vol. 20: 59-60). A portion of the last paragraph of the above letter is erroneously printed as T J to Johnson of the same date, in Padover, National Capital, p. 100-1. LOAN

LISHED

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L'Enfant's habit of having others echo his own ideas is evidenced by Welsh's

Thus in M S .

Report on Proceedings of Executive in Northwest Territory The Secretary of state has had under examination the Records of Proceedings in the Executive department of the North-Western gov­ ernment from the 1st. of Aug. to the 31st. of December 1791. trans­ mitted by the Secretary, and REPORTS to the President of the United States That finding nothing therein which calls for the attention or inter­ ference of the President, he has deposited them among the Records in the office of the Secretary of state. T H : JEFFERSON Feb. 29. 1792. R C ( D N A : R G 59, M L R ) ; endorsed by Lear. P r C ( D L C ) . F C ( D N A : R G 59, S D R ) . T r ( D N A : R G 59, S D C ) . Recorded in S J P L . Lear had sent the records to T J with a covering letter the

previous day ( R C in D L C ; endorsed by T J as received 28 Feb. 1792; P r C in D N A : R G 59, M L R ; T r in D N A : R G 59, S D C ) .

From William Short DEAR SIR Paris Feb. 29. 1792 I have now to acknowlege the rect. of your two letters private—Jan 3: (cypher)—and Jan. 7. They accompanied yours public of Jan. 5. The intelligence with respect to the President's nomination came to [167]

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me under a different form four days before hand (viz. Feb. 14.) from Mr. Morris, in London. He considered the matter settled having seen it in a letter from Mr. King of the Senate, to a friend in London. The same intelligence was published in the English newspapers. I mentioned it also to my friends here, not having a doubt that there was any suspension in the business. On the 18th. I reed, your letters and since then one from Mr. Morris wch. tells me no decision had taken place in the Senate on the 10th. of Jany.—I was indisposed previously to recieving Mr. Morris's first letter, but from that time I have been disordered both in mind and body, but particularly in the former in a manner that has much afflicted me. I will not say any thing to you of the amazement wch. this nomination has occasioned here to the public and particularly to the friends of the revolution of all classes, as the manner in which I am affected by it renders it improper. My friends condole with me as far as it regards me personally. The preference given to Mr. Morris strikes them as well as others differently perhaps from what it should, but it leaves with all an impression with respect to me too humiliating and too painful not to render my existence a burthen to me. In their eyes it is a kind of dishonor which I am unable to support the idea of. They judge of the subject not according to the ideas entertained in America of Mr. Morris's talents and worth in every respect (which however should be their guide) but according to the opinions they have formed of what they have seen here. They have seen me for two years past charged with the confidence of my country. They have known my zeal and see that my conduct was such as to prevent my being disagreeable to any of the parties prevailing here. They have seen Mr. Morris during that time busied in his own concerns, contriving all the ways of making money by his industry, by land jobbing and by plans of finance for liquidating the American debt, which have fallen through and they have seen him constantly attending on the ministers, and so busy with them as to have acquired the reputation (though I do not pretend to say deservedly, having always defended him from the inculpation) of an intrigant They have seen him the constant supporter of what they consider a diabolical system of government, and what they suppose also must give much displeasure in America. They have seen him so constantly the enemy of the principles of the present revolution as to be constantly cited and to be considered as the servant of the opposite party. They have seen him forming a plan, without mission, for the King's acceptance of the constitution, wch. they considered as artificiously designed for effecting a counter revolution &c. &c. They have considered him therefore as one of the last men that the [168]

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American government would name here at present, and they now see me displaced to give way to him, although he has never before been employed in that way. They suppose therefore it comes from absolute want of such characters in America, and absolute incapacity and want of public confidence in me. This idea carries with it a sting in my mind that I never before had any idea of, and makes me bewail my hard fortune wch. has induced me to remain to be thus exposed to such a cruel situation. For next to being really dishonored deserving to be so, is the being supposed by one's friends to be so.—And it is this idea which inflicts on me the pain and anxiety I now experience, and not at all that of quitting this country. My mind has been long prepared for it, and had my successor been a person who wd. have shewn here that he was named on account of his own merit rather than on account of my demerit, so that no kind of inculpation was involved on me I shd. have been perfectly resigned and satisfied. It is not for me to judge of Mr. Morris's merits, much less of mine, but when I know that Mr. Morris was in commerce—of course that the interests of his house could often be in competition with those of the public—and particularly that his opinions are that it is more advantageous for the U.S. that their articles shd. be under a monopoly and furnished by individual contractors, as in the case of tobacco, which you must have often heard him express, I never could have supposed that any consideration whatever, could have counterbalanced such a situation, and such opinions which must ever follow such a situation. I beg a thousand pardons for the disorder of the present letter, the unavoidable effect of the present situation of my mind. The present moment is insupportable to me on account of the opinions of all with whom I have lived. The time wch. is to come I dare not look forward to. I enclose you a letter from Mde. D'Enville, & remain your most attached & sincere though afflicted friend, W : SHORT R C ( D L C ) ; at head of text: "Private"; endorsed by T J as received 29 May 1792 and so recorded in S J L . P r C (PHi). Gouverneur Morris informed Short of his own nomination as minister plenipo­ tentiary to France, Short's nomination as minister resident to T h e Hague, and

Thomas Pinckney's nomination as minis­ ter plenipotentiary to Great Britain in let­ ters dated 10 and 24 Feb. 1792 ( D L C : Short Papers). Relevant extracts from these letters are printed in Gouverneur Morris, A Diary of the French Revolu­ tion, ed. Beatrix Cary Davenport [Boston, 1939], H , 363-4.

t 169]

From William Short DEAR SIR Paris Feb. 29. 1792 I have been so much indisposed since my last of the 8th. inst. as to have been absolutely incapable of writing. I resume my pen at present merely to inform you by the English packet that the answer from the Emperor arrived here two days ago. The King's council have had it under long and mature consideration and have communicated it to the diplomatic committee. The Minister goes to morrow to communicate it to the Assembly. As yet its contents are only known as far as they have been received indirectly from Vienna, or transpired here from the council and diplomatic committee. They suffice to establish beyond doubt that the answer is moderate and leaves the alternative of peace or war to the French nation. The Emperor is determined not to interfere in the internal affairs so long as the King is satisfied and his person and family and the monarchial form of government respected. Should the contrary take place he will in concert with the other powers of Europe come to the succour of the King and the Government. This you may consider as the substance of his answer which is said to go into some detail with respect to the present prevailing anarchy.—In the mean time he is marching troops into his dominions bordering on France in order to protect them from insult. Disorders still augment. In the capital the pretext is the high price of sugar, in the provinces the circulation of grain—large quantities have been lately stopped near Noy on. More than thirty thousand people in revolt took possession of them. Troops were sent to disperse them and there was every appearance of civil war commencing. It has been avoided however for the present partly by yielding to the people and partly by the appearance of force. In the mean time all the sources of public and private calamity are increasing every day, by the state of anarchy, non perception of taxes, depreciation of Assignats &c. &c. There has been daily expectation of the national assembly allowing a part of our debt to be employed in advances to the sufferers in S. Domingo and I have for that reason as yet suspended the payment of the sums arising on the last loan at Amsterdam in hopes of its being employed in that manner.—The Antwerp loan is paid here as fast as received. I have already receipts from the French agent at Antwerp for near 1,300,000 florins and that sum will be compleated by today agreeably to the engagement of the undertaker of the loan. I will ask the favor of you to communicate these circumstances to the Secretary of the Treasury, who I hope will excuse my not writing by the present [170]

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conveyance. My last to him was by the way of Havre and I shall write to him again by the same way very shortly. I must beg you to allow me to refer you for other articles of intelligence to the gazettes sent to Havre. I have the honor to be with sentiments of profound respect, Dear Sir, your most obedt. & most hum. servt., W: SHORT 1

P.S. I have received your letter of Jany. 5th. by the way of England together with the list of newspapers forwarded to me from the depart­ ment of foreign affairs. Several have miscarried, so that I have them only incompletely. W. S. P r C ( D L C : Short Papers); at head of text: "No. 95"; at foot of first page: "Thomas Jefferson Secretary of State, Philadelphia." T r ( D N A : R G 59, D D ) . Recorded in S J L as received 29 May 1792. Short's last letter to Alexander Hamil­ ton was that of 26 Jan. 1792 (Syrett, Hamilton, x, 565-70). T J sent Hamilton a copy of all but the last two sentences of the final paragraph together with the following covering note: " T h : Jefferson

presents his respectful compliments to the Secretary of the Treasury, and sends him the above extract at the request of Mr. Short who, being unwell, wrote only a few lines to T h : J . " ( T J to Hamilton, 30 May 1792, P r C in D L C ; T r in D N A : R G 59, DCI). 1

T h e remainder of closing, signature, and P . S . are added from T r ; Short merely noted at bottom of second page of P r C : "rect. of letter of Jan. 5. 92. acknoleged in Postscript."

To Jean Baptiste Ternant SIR Philadelphia Feb. 29. 1792. The bearer hereof, Mr. Dormoy, a citizen of the U . S . having an annuity on the hotel de Ville of Paris, which cannot be received but on a certificate of his life, complains that Mr. Oster the Consul of France for Virginia, has refused from personal motives, to give him such certificate. As he has come here from Williamsburg, to get this defect supplied, under recommendations to me from the Governor of Virginia; I take the liberty of troubling you with his case, in hopes that you will be so good as to give him the necessary certificate, or put him in the way of obtaining it.—I have the honor to be with the highest esteem & respect, Sir Your most obedt. & most humble servt., T H : JEFFERSON P r C ( D L C ) ; at foot of text: "Colo. Ter­ nant M . P. of France." F C ( D N A : R G 360, D L ) . Governor Henry Lee had recommended the otherwise obscure Dormoy to T J as

"a very worthy man" and "a deserving and distressed individual" (Lee to T J , 22 Dec. 1791, R C in D N A : R G 59, M L R ; endorsed by T J as received 29 Feb. 1792 and so recorded in S J L ) .

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Notes on the Constitutionality of Bounties to Encourage Manufacturing [Feb. 1792] When we come to select the proper manufactures to be encouraged, we must attend to this, that tho labour in general is dearer here than in Europe, yet there is some species of labour which may vie with theirs, to wit 1 of women and chdn. 2 of men on rainy days, days of frost, long nights &c. 3. machines and natural events, to wit wind, water, sun &c. Encourage therefore the manufactures where this Species of labour may be united to the greatest difference of cost of the raw material. How encourage? The constn. seems to have been jealous of giving the means of encouragemt. from a fear of partiality in their distribn.— The principal means in the hands of the geni, govmt. for encouraging our own manufactures is to ensure a preference and encourage a demand for them by overcharging the prices of foreign by heavy duties. Such other means of encouragemt. as have not been confided to the general government must be left with those of states, that each may deal them out to that degree and in favor of those branches of manufacture for which their circumstances have respectively matured them. Lay a duty on all importns. = to the bounty they have received, and this in addn. to the general duties. Household manufactures to be encouraged, not public. Few instances of the latter being successful and perhaps none of their sup­ porting themselves without burthening the public. 1

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[Those?] which wisdom, patriotism and religion dictate to the geni, govmt. not to set the example of risking infractions of an instrument from which it derives all it's powers, and out of which it has none, and which being dissolved they are dissolved with it. Bounties have in some instances been a successful instrument for the introdn. of new and useful manufactures. But the use of them has been found almost inseparable from abuse. The power of dispens­ ing them has not been delegated by the Constn. to the Geni, govmt. It remains with the state govmts. whose local information renders them competent judges of the particular arts and manufactures for which circumstances have matured them. Bound by every tie to preserve the govmt. adopted by our country, and so dear in it's present form to every republican, [it] behoves the general authority to render sacred by our respect that line which has been drawn between them and 8

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the special govmts., and not to set the example of committing infrac­ tions on an instrument out of [which?] they have neither powers nor existence; resign in this dispentn. therefore in the hands where it has been. 13

As the general govmt. has no powers but what are given by the Constn.; as that of Levying money on the people to give out in pre­ 14

miums is not among the powers in that instrument, nor necessary to carry any of the enumerated powers into exn. but not finding a power to levy money to be given out in premiums, among these powers of the geni, govmt. enumerated in the constn., nor among those necessary to carry the enumerated powers into execution he [is] unable to say that the Geni, govmt. can avail itself of th[is] incentive to improvement: 15

MS (DLC: T J Papers, 69: 12023); entirely in TJ's hand.

3

T J here first canceled "home" and then "American." T J here canceled "European." Before this word T J canceled "The private." Before this word T J canceled "No." Preceding two words interlined in place of "our," canceled. T J also canceled "our" before "patriotism" and "religion" in this sentence. T J originally began this paragraph with this canceled sentence: "The power of giving bounties for the encoragemt. of manufactures or arts has not been del­ egated by the Constn. to the general government." T J here canceled "art." T J here canceled this sentence: "But they have often been an abusive one, for favoring a few at the expence of the many." Preceding word interlined in place of "to this dispensation for the encourage­ ment," canceled. T J here canceled this partial sen­ tence: "Bound by our affections [for?] the govmt. in it's present bound principled as well as." T J here canceled this partial sen­ tence: "Leaving bounties therefore to those." T J here canceled "enumerated." T J here canceled "but on the contrary is of opinion they must have recourse to other means." 4

In his Report on Manufactures, which was submitted to the House of Repre­ sentatives on 5 Dec. 1791, Alexander Hamilton had advocated the use of fed­ eral bounties to encourage American man­ ufacturing and argued that the general welfare clause of the Constitution author­ ized Congress to approve them (Syrett, Hamilton, x, 298-304). T J opposed this use of the doctrine of implied powers and warned Washington during a pri­ vate meeting on 29 Feb. 1792 that if the Hamiltonian mode of constitutional inter­ pretation prevailed the powers of the fed­ eral government would become unlimited. T J regarded this prospect with particular alarm because one of the primary postu­ lates of the republican ideology to which he adhered was that the preservation of political liberty required strict constitu­ tional limits on the powers of government (Memoranda of Conversations with the President, 1 Mch. 1792; see also Lance Banning, "Republican Ideology and the Triumph of the Constitution," W M Q , 3rd ser., X X X I [1974], 169-83). Although TJ's notes cannot be dated with certainty, they were probably written about the time of this meeting with the President, and per­ haps even in preparation for it. 1 2

T J here canceled "objects." T J here canceled "of giving preference

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13

14 15

From Thomas Barclay Gibraltar, 1 Mch. 1792. He has learned of important developments in Morocco since his letters of 23 and 24 Feb.—Muley Yezid eluded Ben Assar's army and arrived at the city of Morocco on 2 Feb. Four days later he captured and pillaged the city. The "devoted Jews" were given up to plunder, friends and enemies alike suffered at the hands of his army, and even Francis Chiappe's property was pillaged.—Muley Ischem and Ben Assar reached the Plain of Morocco on 12 Feb. with 30,000 men and did battle with Muley Yezid and an army half that size. After four hours the former army retreated to Safi with a loss of 1,300 men killed and 800 taken prisoner. Muley Yezid, who suffered two or three wounds, brutally revenged himself on the prisoners. He ordered them to be nailed up against the walls and upon the floors where they happened to be and he prohibited all persons from administering any kind of relief to them. He put to death without any apparent reason two Christians who had been several years employed by his father as stone cutters, and two French men who had passed into his Country from Ceuta. In short from the twelfth to the sixteenth such a Scene of slaughter was exhibited at Morocco as has seldom been heard of." These atrocities ended on 16 Feb. when Muley Yezid died of his wounds.—One of Muley Slema's sons arrived in Tangier on 25 Feb. with an account of the demise of Muley Yezid and the death in the aforementioned battle of Muley Ischem. Two days later the Basha of Tangier proclaimed Muley Slema as Emperor. He still has some doubt about Muley Ischem's death but expects to receive confirmation of it shortly. It is possible that Abderhaman will dispute Muley Slema's accession, in which case Slema can expect support from Spain, having already sent an express to that country to notify it of his good wishes towards it. Slema "is brother to Yezid by father and mother, of a pacific temper, and at present extreamly poor. I shall present my self to him, if he remains unrivalled, or appears with a superiority, as Consul sent to his brother, and I doubt not I shall share the same fate with the others, being now all on the same footing." u

R C ( D N A : R G 59, C D ) ; 4 p.; at foot of text: "(No. 8). B y Cadiz or Lisbon"; endorsed by T J as received 22 May 1792 and so recorded in S J L .

From Walter Boyd SIR Paris 1st. March 1792 When I took the liberty last summer to intrude upon your Excel­ lency with a hasty line in favour of my Brother-in-law Mr. Hem­ ming I flattered myself that I should soon have been able to indulge myself in the pleasure of writing you at great length on many sub­ jects highly interesting to America and this Country: but such has been the accumulation of Business of various kinds in which I have been involved that I have been obliged to confine my Correspondence, though infinitely against my will, to the indispensable duties of my [174]

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situation.—When your Excellency considers the predicament in which the Commercial and political Interests of this Country have stood for some time and still stand, I am persuaded you will readily allow that my Cards have been peculiarly difficult, and that your Excellency will easily conceive that I must have been obliged to give up many favourite pursuits in order to attend to the irresistible Calls of duty. From the Interest your Excellency has been pleased to take in my welfare it will be agreeable to you to learn that all this extraordinary Exertion has not been without the most pleasing effects.—My House has prospered not only beyond any idea of success I could ever have formed but greatly beyond the expectations of its most sanguine friends. This much I have thought proper to say in order to account to your Excellency for so long a silence (interrupted only by a hasty line) after receiving the most flattering proofs of attention to my request regarding my late Brother whose death I shall lament while I exist.—After an absence of 25 years he paid me a visit at Paris.—I received him with open arms.—I offered to pay off all his debts and to do every thing within the compass of my power to place him in that line of life to which his talents and Education called him. I kept him with me here as long as possible: but his desire to revisit his native Country carried him to England, and there he fell in with people possessed of large Tracts of Land in America which he had the imprudence or rather madness to purchase without waiting even to know my opinion of the operations although (as you may suppose) it was by my means only that the pay­ ments were to be made.—These purchases were carried to the Extent of upwards of £ 7 0 , 0 0 0 Stlg., and what would be incredible were it not unhappily consistent with my own knowledge, the deeds of purchase and Sale were all actually executed. I will add for the honour of my poor Brother's Memory that I firmly believe he was taught to think that these Deeds would be set aside by the parties he contracted with the moment it should be found that I disapproved of the purchase. Every thing that I could do, every thing that my best friends could do to dissuade him from this imprudent Bargain was done: but in vain. His fancy had got too fast hold of this favourite idea, and I believe it was only when he found that the Sellers would not give up the Bargain that he fairly saw and felt the folly of it. The Consequence was that the grief and vexation which this affair occasioned threw him into low Spirits and bad health which in the space of three weeks brought him to his grave. There is in the history of this case so many circumstances of the most poignant distress to a Brother who not only wished but actually was busily employed in promoting and certainly would have finally secured his Comfort and happiness that I assure [175]

1

MARCH

1792

your Excellency I feared for a long time that I should have sunk under the stroke.—Among other precipitate measures which he adopted and recommended during his short stay in England was the removal of my Brother and Sister-in-law Mr. and Mrs. Hemming from England to America. He was to accompany them thither and guide and assist them when there: But when the Ship was ready to sail, all at once he disappeared and after waiting a considerable time they were advised to go without him.—This absence was occasioned by the grief and melancholy which soon after put an end to his Existence, and what was peculiarly cruel to all his friends we supposed that his absence was the consequence of a frolic which all of us were extremely offended at as highly unseasonable and unsuitable to his years and situation.—In a word all my endeavours to serve him were rendered abortive and there remained of the history of his Residence in England only a moteley groupe of inconsistencies and Contradictions, the effects of extreme Credulity on his part and an Ignorance of Mankind which I should not have expected even in a Child.—I am sure your Excellency will have the goodness to excuse this long detail of circumstances and permit me to add that my Brother and Sister-in-law are now in America with but a small pittance of fortune and few or no friends. Will your Excellency allow me to recommend them to your good offices? You will find Mr. Hemming a deserving young man, extremely willing to exert himself in any line of life he may be placed in and animated as he is with the desire of providing for a beloved wife and Child. I am sure his Exertions will do no discredit to your recommendation. Be assured, Sir, that my gratitude will be boundless not only for what service your Excellency may actually render to this worthy family but even for the kind intentions and wishes you may form in their favour:—It would be presumptious in me to suppose that I could ever have it in my power to make any return for the kindness you may shew to Mr. and Mrs. Hemming: but were it possible that I should have an opportunity of being in any shape useful to your Excellency or any of your friends, I beg you to be persuaded that I would seize it with inexpressible pleasure. I have frequently had the pleasure of seeing Mr. Short whose ami­ able manners and superior good sense have acquired him universal Esteem here. We have lately talked over a Subject of finance which I hope to be able to carry into execution, and if so, America and France must find their Account in it.—I have the honour to be with the high­ est respect and the most perfect esteem, Sir, Your Excellency's Most obedient, and Most faithful humble Servant, W. BOYD R C ( D L C ) ; endorsed by T J as received 7 June 1792 and so recorded in S J L . Boyd's

[176]

1 letter of 1791.

LAST SUMMER

MARCH

1792

was 11 Aug. 1791. See also Thomas Hemming to T J , 1 Nov.

To Daniel Carroll DEAR SIR Philadelphia Mar. 1. 1792. Much time has been spent in endeavoring to reduce Major Lenfant to continue in the business he was engaged in, in proper subordination to the Commissioners. He has however entirely refused, so that he has been notified that we consider his services as at an end. The plan is put into the hands of an engraver, and will be engraved within three or four weeks. About the same time Mr. Ellicot will return to finish laying out the ground. As to every thing else it will rest on your board to plan and to have executed. The President desires you will call a meeting at the earliest day you can after the 11th. instant. By that time you will receive from hence such general ideas and recommendations as may occur. You will then have to advertize for plans of the buildings.— It is taken for granted the design of the Commissioners in the action commenced against Roberdeau was merely to suspend his operations, and produce in him a proper conviction of his error. Under this idea they will probably feel no difficulty in consenting to let him off as easily as they can. You will receive formal letters on the general business, shortly; in the mean time I am with great & sincere esteem Dear Sir your friend & servt., T H : JEFFERSON PrC (DLC).

From Nathaniel Cutting SIR March 1st. 1792. A Flute belonging to the French Government, which was dispatch'd from hence for Philadelphia the beginning of last week, is wreck'd and totally lost on the Reef called L e mouchoir quarré. I am given to understand that all the Letters which were aboard her are lost, and therefore take the liberty of saluting you with the foregoing Copy of what I wrote you by that opportunity. The account of the Insurrection and Devastation which I therein mention to have taken place in the southern Department of this Colony, remains uncontroverted. I have since conversed with a member of the Colonial Assembly who is from that quarter and who not only confirms the dreadful detail, [177]

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but gives it as his opinion that the destruction of the out habitations of the middle part of the Colony will inevitably follow. The opinion of this Gentleman respecting the force necessary to re-establish the Colony coincides with mine.—Nothing less than 20,000 men who will act with unanimity and firmness can attain this desirable object.—In the present relaxed state of the French Government I think it will be difficult if not impossible for it to afford the necessary aid, and in the present ruinous state of this Colony no Foreign Power would accept it as a gift in Fee Simple on condition of immediately re-establishing it:—A natural inference is that the bloody Banner of Anarchy will long continue display'd and that under its baneful influence Rapine, Murder and Devastation will still stalk abroad with impunity. In a former Letter from this Island I remarked that the French Colonists had not learn'd to sacrifice private opinion to public utility. Notwithstanding they have now had two years experience of the woe­ ful effects of political dissentions, yet, I am sorry to say, the same observation still holds good. Various and contradictory systems find warm partizans among the versatile Politicians who inhabit " L a Partie Française de St. Domingue." Even the Colonial Assembly is accused of permitting cabal and intrigue to tarnish the lustre of its Patriotic pretensions, to render nugatory and indecisive its public discussions, and to stamp its resolves with the characteristics of partiality and imbecile resentment. I am not sufficiently acquainted with the private life and opinions of those Individuals who compose this political Corps to judge whether the charge of incapacity brought against them collectively is justly founded or not; but it is evident that the misery of this Colony would never have gain'd its present ascendancy if harmony and the love of order had been assiduously cultivated in the Community. To those jealous bickerings between the Colonial Assembly and the Executive branch of Government which sprang into existance soon after the epoch of the Revolution and which have subsisted with a greater or less degree of virulence ever since, may be attributed the desolation of the richest and most beautiful districts of this superb Colony! Of late the Assembly has been involved in an ill-boding altercation with the National Commissaries. Some proceedings of those Gentlemen did not exactly tally with the circumscribed ideas of certain individuals who seem inclined to oppose every system, right or wrong, which is not the produce of their own excentric imaginations. The assembly was induced to call in question the authority of the Comissaries, and by some impolitic animadversions on the subject, excited a severe reply from Mr. Mirbeck, who is at the head of the Commission. His Letter [178]

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1792

was, by his own order, printed and distributed gratis the same day that it was presented to the Assembly. I inclose you a Copy of it by which you will percieve "he speaks as one having authority'''' and who possesses that firmness which is the legitimate offspring of conscious rectitude. Advices were received in Town this afternoon from Les Cayes stat­ ing that the White Forces had recently obtained a compleat victory over a strong Party of Mulattoes who had posted themselves in the vicinity of that City and fortified their Camp. We are told also that most of the Slaves in the Southern and some in the Western Depart­ ment of the Colony are actually in Insurrection. While the Insurgents can obtain amunition from the Spaniards it will be almost impossible to quell them, and I begin to be of opinion that it will be most prudent for Government to enter into a Treaty with them similar to that which the Government of Jamaica formerly made with the Maroon Negroes in that Island; otherways the expence of protecting the plantations will exceed their Revenue.—I have the honor to be, with the greatest Respect, Sir, Your most obedt. and very huml. Servt., NAT. CUTTING. R C ( D N A : R G 59, M L R ) ; endorsed by T J as received 24 Mch. 1792 and recorded under that date in S J L as received from "Cape François." Enclosure: Dupl of Cutting to T J , 21 Feb. 1792. F C (MHi: Cutting Papers); with slight varia­ tions in phraseology.

Cutting's opinion that the French should conclude a T R E A T Y with the rebellious slaves on Saint-Domingue was echoed by T J in a letter to Lafayette of 16 June 1792.

Hamilton's Notes on Report of Instructions for the Commissioners to Spain, with Jefferson's Comments [1-5

[JEFFERSON'S

COMMENTS]

1

The Report is amended in conformity with this observation.

Mch.

1792]

[HAMILTON'S NOTES] The General Tenor of the Report appears solid and proper. The following observations however on a hasty perusal occur. Page 2. Is it to put our Revolution upon the true or the best

[179]

1 MARCH [JEFFERSON'S

COMMENTS]

The capture of the army struck out.

No conquest of the territory was made, to wit of the island of N . Orleans on the one side, or Louisiana on the other, as both had belonged to Spain before the war. Therefore no change in the right to the water is incident to the territory. This circumstance however is inserted in the Report to make the reasoning the clearer.

The word chuse substituted for wish however England could hold that right of common in the water only as incident to Florida, which she then held. When she con­ veyed Florida to Spain the inci­ dent passed by the same con­ veyance, & she can never have a claim against us on a stipulation

1792 [ H A M I L T O N ' S NOTES]

footing to say that the circum­ stances which obliged us to dis­ continue our foreign Magistrate brought upon us the War? D i d not the war previously exist and bring on the discontinuance? Was it not rather the cause than the effect? Is it accurate to say that France aided us in capturing the whole army of the enemy? Does this not imply that there was no other enemy army in the coun­ try; though there were in fact two others one in New York, another in South Carolina? This last is a mere criticism as to the accuracy of expression. The sense is clear enough. Page 11. Are "naval victo­ ries" the essen[tial] means of con­ quest of a water as seems to be impli[ed?] Is not the con­ quest of a water an incident to th[at] of Territory? If this idea is not sound, that com­ bined with it is—namely that in no event could Spain be con­ sidered as having conquered the River against the U States— with whom she not only had no war but was an associate.] Page 22. May it not be inferred from what is said here that though the U States would not wish to insert an express stipu­ lation against other Nations; yet they may be prevailed upon to do it? Would such a stipulation be consistent w[ith] the right which G Britain reserved to herself in

[180]

1 [JEFFERSON'S

MARCH

COMMENTS]

the benefit of which she has con­ veyed to another.

Report altered in conformity to this.

[The power to alienate the unpeo­ pled te]rritory of any [state, is not among the enumerated po]wers given by the Constitution to the General government: & if we may go out of that instru­ ment, & accomodate to exigencies which may anse, by alienating the unpeopled territory of a state, we may accomodate ourselves a lit­ tle more by alienating that which is peopled, & still a little more by selling the people themselves. A shade or two more in the degree of exigency is all that will be requisite, & of that degree we shall ourselves be the judges. However may it not be hoped that these questions are forever laid to rest by the 12th Amendment, now made a part of the Constitu­ tion, declaring expressly that the "powers not delegated to the U.S.

1792 [HAMILTON'S NOTES]

the treaty with us? If the infer­ ence alluded to is intended to be excluded, will it not be adviseable to vary the turn of expression so as render the intention more unequivocal? Page 23. Are there conclusive reasons to make it a sine qua non that no phrase shall be admit­ ted which shall express or imply a grant? Could the negotiation with propriety be broken off on such a point? Is it not rather one to be endeavoured to be avoided than the avoiding of [it] to be made a sine qua non? Page 25. Is it true, that the U States have no right to alienate an Inch of the Territory in Ques­ tion; except in the case of neces­ sity, intimated in another place? Or will it be useful to avow the denial of such a right? It is apprehended that the Doc­ trine which restricts the alienation of Territory to cases of extreme necessity is applicable rather to peopled territory, than to waste and uninhabited districts. Pos­ itions restraining the right of the U States to accomodate to exi­ gencies which may arise ought ever to be advanced with great caution.

[181]

1 [JEFFERSON'S

MARCH

COMMENTS]

by the Constitution are reserved to the states respectively"? And if the general government has no power to alienate the territory of a state, it is too irresistable an argu­ ment to deny ourselves the use of it on the present occasion. It is certainly impossible for any nation to have stipulations of this kind & extent, with two others at the same time. However the language of the Report is made more correct & conformable to the words of the French treaty.

1792 [ H A M I L T O N ' S NOTES]

2

If the Secretary of the Treasury will be so good as to particularise the advantages to be asked & the equivalents to be offered, it will be proper to consider of them. 3

It seems sufficient to stipulate that the treaty shall be ratified, with­ out saying by what body, or by

Page 28. Is it true that the stipulation with France respect­ ing the Reception of prizes is exclusive and incommunicable? It is doubtless so as against France, but why is it so as against other Nations? It is however a stipulation very inconvenient and even danger­ ous to the U States and one which ought by all means to be excluded. Though a Treaty of Commerce like that contemplated in the Report ought not to be rejected, if desired by Spain and coupled with a satisfactory adjustment of the boundary and Navigation; yet ought not something more to be attempted if it were only to give satisfaction to other parts of the Union? Some positively favourable stip­ ulations respecting our Grain flour and Fish even in the European Dominions of Spain would be of great consequence and would justify reciprocal advantages to some of her commodities (say Wines and brandies). Will it not be necessary to add an instruction that the usual stip­ ulation respecting the ratification

[182]

1

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[JEFFERSON'S COMMENTS] what individuals it is to be. An instruction however is inserted to allow 16 months for the exchange of ratifications.

MS ( D L C : Washington Papers); undated text of comments in Hamilton's hand with marginal notes added by T J ; at top of text, in T J ' s hand, "(Copy in two columns)"; appended to this document is a one-page memorandum entirely in T J ' s hand and dated 5 Mch. 1792 at foot of text (see textual note 3 below); on verso of memorandum is Washington's docket­ ing: "State & Treasury on the proposi­ tions to be made to Spain on the subjt. of Fish, Grain & Flour 5th Mar 1792." T r ( D L C : Hamilton Papers); in clerk's hand; at head of text: "Copy"; marginal notes keyed to text with various symbols. M S ( D L C : T J Papers, 72:12599-12600); fair copy in two parts entirely in T J ' s hand, with some minor variations, includ­ ing the inadvertent omission of a line; first part titled over left column: "Notes by A . Hamilton on T:J's Report of instructions for the Commissioners to treat at Madrid. Eight of these notes were conformed to. T h e two following were not." and over column on right "Answer by T h : J . " (see textual notes below); both titles crossed out; a second part contains the eight points agreed upon. P r C ( D L C : T J Papers, 82: 14260-14261); notes in two parts only, before column headings were crossed out. See Report on Negotiations with Spain, 18 Mch. 1792, for textual notes identifying changes T J made in the draft and Hamilton's references to that document. This was one of the two points on which T J disagreed with Hamilton. See 2

of the Treaty by the U States be varied so as to be adapted to the participation of the Senate? Last Page. The words "nor inattentive to their rights" have a pencil line drawn through them. Tis certainly best to obliterate them. The less commitment the better.

This has been decided before.

1

[ H A M I L T O N ' S NOTES]

Memoranda of Consultations with the President, 11 Mch.-9 Apr. 1792. This point of disagreement led to an expanded memorandum and an additional section of the final 18 Mch. report. In making his copy of this document, T J substituted here a more detailed memo­ randum which he dated at the foot of text "Mar. 5. 1792." and which he sub­ mitted to the President, together with Hamilton's notes and his comments on them. T h e memorandum reads as follows: "Th:Jefferson will be glad if the Secretary of Treasury will state the specific propo­ sitions he would have made to Spain, on the subject of our fish, grain and flour, to wit what he would ask, and what propose as an equivalent. T h e following consider­ ations will of course occur to him. 3

"1. If we quit the ground of the most favored nation, as to certain articles for our convenience, Spain may insist on doing the same for other articles for her conve­ nience, and I apprehend that our Commis­ sioners might soon be out of their depth in the details of commerce. "2. If we grant favor to the wines &c of Spain, Portugal and France will demand the same, and may create the equivalent, the former by laying duties on our fish and grain, the latter by a prohibition of our whale oils; the removal of which will be proposed as the equivalent." T J also added most of this to the section on com­ merce in his Report on Negotiations with Spain, 18 Mch. 1792 (see textual notes at that document).

[183]

Memoranda of Conversations with the President March 1. 1792. 1792. Feb. 28. I was to have been with him long enough before 3. aclock (which was the hour and day he received visits) to have opened to him a proposition for doubling the velocity of the post riders, who now travel about 50. miles a day, and might without difficulty go 100. and for taking measures (by way-bills) to know where the delay is, when there is any. I was delayed by business, so as to have scarcely time to give him the outlines. I run over them rapidly, and observed afterwards that I had hitherto never spoke to him on the subject of the post office, not knowing whether it was considered as a revenue law, or a law for the general accomodation of the citizens; that the law just passed seemed to have removed the doubt, by declaring that the whole profits of the office should be applied to extending the posts and that even the past profits should be refunded by the treasury for the same purpose: that I therefore conceived it was now in the department of the Secretary of state: that I thought it would be advantageous so to declare it for another reason, to wit, that the department of the treasury possessed already such an influence as to swallow up the whole Executive powers, and that even the future Presidents (not supported by the weight of character which himself possessed) would not be able to make head against this department. That in urging this measure I had certainly no personal interest, since, if I was supposed to have any appetite for power, yet as my career would certainly be exactly as short as his own, the intervening time was too short to be an object. My real wish was to avail the public of every occasion during the residue of the President's period, to place things on a safe footing.—He was now called on to attend his company and he desired me to come and breakfast with him the next morning. Feb. 29. I did so, and after breakfast we retired to his room, and I unfolded my plan for the post-office, and after such an approbation of it as he usually permitted himself on the first presentment of any idea, and desiring me to commit it to writing, he, during that pause of conversation which follows a business closed, said in an affectionate tone, that he had felt much concern at an expression which dropt from me yesterday, and which marked my intention of retiring when he should. That as to himself, many motives obliged him to it. He had through the whole course of the war, and most particularly at the close of it uniformly declared his resolution to retire from public [ 184]

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affairs, and never to act in any public office; that he had retired under that firm resolution, that the government however which had been formed being found evidently too inefficacious, and it being supposed that his aid was of some consequence towards bringing the people to consent to one of sufficient efficacy for their own good, he consented to come into the convention, and on the same motive, after much pressing, to take a part in the new government and get it under way. That were he to continue longer, it might give room to say, that having tasted the sweets of office he could not do without them: that he really felt himself growing old, his bodily health less firm, his memory, always bad, becoming (sensibly) worse, and perhaps the other faculties of his mind shewing a decay to others of which he was insensible himself, that this apprehension particularly oppressed him, that he found moreover his activity lessened, business therefore more irksome, and tranquillity and retirement become an irresistable passion. That however he felt himself obliged for these reasons to retire from the government, yet he should consider it as unfortunate if that should bring on the retirement of the great officers of the government, and that this might produce a shock in the public mind of dangerous consequence.—I told him that no man had ever had less desire of entering into public offices than myself: that the circumstance of a perilous war, which brought every thing into danger, and called for all the services which every citizen could render, had induced me to undertake the administration of the government of Virginia, that I had both before and after refused repeated appointments of Congress to go abroad in that sort of office, which if I had consulted my own gratification, would always have been the most agreeable to me, that at the end of two years, I resigned the government of Virginia, and retired with a firm resolution never more to appear in public life, that a domestic loss however happened, and made me fancy that absence, and a change of scene for a time, might be expedient for me, that I therefore accepted a foreign appointment limited to two years, that at the close of that, Dr. Franklin having left France, I was appointed to supply his place, which I had accepted, and tho' I continued in it three or four years, it was under the constant idea of remaining only a year or two longer; that the revolution in France coming on, I had so interested myself in the event of that, that when obliged to bring my family home, I had still an idea of returning and awaiting the close of that, to fix the aera of my final retirement; that on my arrival here I found he had appointed me to my present office, that he knew I had not come into it without some reluctance, that it was on my part a sacrifice of inclination to the opinion that I might be [185]

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more serviceable here than in France, and with a firm resolution in my mind to indulge my constant wish for retirement at no very distant day: that when therefore I received his letter written from Mount Vernon, on his way to Carolina and Georgia (Apr. 1. 1791.) and dis­ covered from an expression in that that he meant to retire from the government ere long, and as to the precise epoch there could be no doubt, my mind was immediately made up to make that the epoch of my own retirement from those labors, of which I was heartily tired. That however I did not beleive there was any idea in either of my brethren in the administration of retiring, that on the contrary I had perceived at a late meeting of the trustees of the sinking fund that the Secretary of the Treasury had developed the plan he intended to pursue, and that it embraced years in it's view.—He said that he con­ sidered the Treasury department as {only a specie) a much more lim­ ited one going only to the single object of revenue, while that of the Secretary of state embracing nearly all the objects of administration was much more important, and the retirement of the officer therefore would be more noticed: that tho' the government had set out with a pretty general good will of the public, yet that symptoms of dissatis­ faction had lately shewn themselves far beyond what he could have expected, and to what height these might arise in case of too great a change in the administration, could not be foreseen.—I told him that in my opinion there was only a single source of these discontents. Tho' they had indeed appeared to spread themselves over the war department also, yet I considered that as an overflowing only from their real channel which would never have taken place if they had not first been generated in another department—to wit that of the treasury. That a system had there been contrived, for deluging the states with paper-money instead of gold and silver, for withdrawing our citizens from the pursuits of commerce, manufactures, buildings, and other branches of useful industry, to occupy themselves and their capitals in a species of gambling, destructive of morality, and which had introduced it's poison into the government itself. That it was a fact, as certainly known as that he and I were then conversing, that particular members of the legislature, while those laws were on the carpet, had feathered their nests with paper, had then voted for the laws, and constantly since lent all the energy of their talents, and instrumentality of their offices to the establishment and enlargement of this system: that they had chained it about our necks for a great length of time; and in order to keep the game in their hands had from time to time aided in making such legislative constructions of the constitution as made it a very different thing from what the people [ 186]

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1792

thought they had submitted to: that they had now brought forward a proposition, far beyond every one ever yet advanced, and to which the eyes of many were turned, as the decision which was to let us know whether we live under a limited or an unlimited government.— He asked me to what proposition I alluded?—I answered to that in the Report on manufactures which, under colour of giving bounties for the encouragement of particular manufactures, meant to establish the doctrine that the power given by the Constitution to collect taxes to provide for the general welfare of the U.S. permitted Congress to take every thing under their management which they should deem for the public welfare, and which is susceptible of the application of money: consequently that the subsequent enumeration of their powers was not the description to which resort must be had, and did not at all constitute the limits of their authority: that this was a very different question from that of the bank, which was thought an incident to an enumerated power: that therefore this decision was expected with great anxiety: that indeed I hoped the proposition would be rejected, believing there was a majority in both houses against it, and that if it should be, it would be considered as a proof that things were returning into their true channel; and that at any rate I looked forward to the broad representation which would shortly take place for keeping the general constitution on it's true ground, and that this would remove a great deal of the discontent which had shewn itself. The conversation ended with this last topic. It is here stated nearly as much at length as it really was, the expressions preserved where I could recollect them, and their substance always faithfully stated. T H : J. M S ( D L C ) ; entirely in T J ' s hand. Entry in S J P L reads: "[1792. Feb.] 28. 29. Notes of Conversation with the President on his retirement—mine— Conduct of treasury.—of Congress.— Report on manufactures. Mar. 1. Post office." Included in the "Anas." The

LAWJUST PASSED

was

the

"Act

to

establish the Post Office, and Post Roads within the United States" (Annals, m, 1333-41), which was the first comprehen­ sive legislative enactment dealing with this branch of the executive department since the end of the Confederation Congress. Despite T J ' s effort to remove it from Hamilton's control, Washington decided that the Post Office should continue to be supervised by the Department of the Treasury. In addition to reducing the Sec­

retary of the Treasury's power, T J also sought control of the Post Office to ensure the free flow of public news and informa­ tion that he and other Republican leaders regarded as being vital to the advancement of their cause (Washington to T J , 20 Oct. 1792; James Madison, Essay on Public Opinion, ca. 19 Dec. 1791, Rutland, Mad­ ison, X I V , 170; Wesley E . Rich, The His­ tory of the United States Post Office to the Tear 1829 [Cambridge, Mass., 1924], p. 111-5). For the plan Washington asked T J to C O M M I T . . . T O W R I T I N G , see Plan for Expediting Postal Service, 4 Mch. 1792. Washington D E C L A R E D H I S R E S O L U T I O N to retire forever from public life in his famous 8 June 1783 circular letter to the states (Fitzpatrick, Writings, xxvi, 4834). T h e D O M E S T I C L O S S which brought T J

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1 MARCH out of retirement was the death of his wife in 1782. The B R O A D R E P R E S E N T A T I O N to which T J looked forward was the reapportionment and expansion of the mem-

1792

bership of the House of Representatives in consequence of the first federal census (see T J , Opinion on Apportionment Bill, 4 Apr. 1792).

To George Walker SIR Philadelphia Mar. 1. 1792. I was sorry that, being from home at the time you were so good as to call on me, I missed seeing you. The President being engaged also, was equally unlucky. As you left no letter for me, I took for granted that your négociation with Majr. Lenfant had proved fruitless. After your departure the President sent Mr. Lear to Major Lenfant to see what could be made of him. He declared unequivocally that he would act on no condition but the dismission of the Commissioners or his being made indépendant of them. The latter being impossible under the law, and the former too arrogant to be answered, he was notified that his services were at an end. I think you have seen enough of his temper to satisfy yourself that he never could have acted under any controul, not even that of the President himself: and on the whole I am persuaded the enterprize will advance more steadily, and more surely under a more temperate direction, under one which shall proceed as fast and no faster than it can pay. Measures will be immediately taken to procure plans for the public buildings, in which business five months have been lost by a dépendance on Majr. Lenfant, who has made no preparation of that kind. I wish yourself and the inhabitants of George town to be assured that every exertion will be made to advance and secure this enterprize. I have the honour to be Sir your most obedt. humble servt., T H : JEFFERSON PrC (DLC).

Statement on Major William Galvan Philadelphia Mar. 2. 1792. I well remember that Majr. Galvan was sent on to Cape Henry by Geni. Washington to look out for the French fleet, that he was recommended by the Geni, to me to be furnished with every thing necessary. I remember that the morning he was to leave Richmond, he wanted money, and having reed, from me an order on the Treasurer he would not give him any rect. for it, from some punctilious delicacy, [ 188}

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and we were obliged to get Mr. Jamieson to receive the money from the Treasurer and give his rect. and then deliver it to Galvan without rect. The Treasurer's books will therefore shew that such a man was employed, and Mr. Jamieson will recollect it. Perhaps he may also recollect the orders to the sheriffs of Princess Anne and Norfolk within mentioned. I do not. Yet they were very possible. T H : JEFFERSON R C (Vi: Executive Papers). Attempts to settle the estate of John Willoughby, sheriff of Norfolk when Major William Galvan went there in 1780, led to the discovery of a receipt signed by William Galvan for £ 1 0 , 0 0 0 delivered him by Willoughby on 19 July 1780. Virginia's state auditor refused to credit the Willoughby estate with this sum unless T J , who had been governor at that time, certified that Galvan had in fact been ordered to apply to the sheriff of Nor­ folk or Princess Anne counties for funds to defray his expenses. T h e attorney for the estate argued that the records that would answer these questions in Norfolk had been destroyed or removed by the

British during the war (Copy of 19 July 1780 Receipt and Certification signed by Thomas Ritson, 13 Feb. 1792, V i : Exec­ utive Papers. See Vol. 3: 375-6, 399-401, 404, 432). David J A M I E S O N (Jameson), a Yorktown merchant, had been on the Vir­ ginia Council of State at the time. When he was shown T J ' s statement, he remem­ bered Galvan's application for money and had "no doubt that the Majr. was furnish'd with an Order," but he refused to sign a statement to that effect "in his prest, disorderd state of mind" (William Cary to Thomas Ritson, 27 Mch. 1792, Vi: Exec­ utive Papers).

From George Washington Friday-Morning 2d. March. Be so good as to examine the enclosed draught of a letter to Geni. St. Clair, and make such alterations (with a pencil) as you shall judge proper; as letter and answer will, it is presumed, be handed to the public.—The bearer will wait to bring it back to me. R C ( D L C ) ; addressed: "Mr. Jefferson"; endorsed by T J as received 2 Mch. 1792 and recorded in S J P L . Enclosure not found, but see Fitzpatrick, Writings, xxxii, 1213, and note to T J to Washington, 2 Mch. 1792.

To George Washington Mar. 2. 92. T h : Jefferson presents his respects to the President and returns him the letter to Geni. St. Clair. The only passage about which he has any doubt is the following 'it does not appear by any information in my possession, that your exertions were wanting to produce a different [189]

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result either in the previous preparations, or in the time of action.' T h : J . never heard a statement of the matter from Geni. St. Clair himself in conversation: but he has been told by those who have, that, from his own account it appears he was so confident of not meeting an enemy, that he had not taken the proper precautions to have advice of one previous to the action, and his manner of conducting the action has been pretty much condemned. If these criticisms be just, the only question is whether the above paragraph will not be so understood as to be exposed to them? T h : J . does not pretend to judge of the fact, and perhaps the expression may not bear the meaning he apprehends. R C ( D N A : R G 59, M L R ) ; endorsed by Lear. Entry in S J P L reads: "[1792. Mar.] 2. G . W. to Geni. St. Clair. T h : J's notes on do.!" T r ( D N A : R G 59, S D C ) . Later the same day T J prepared from memory a copy of this letter which differs only slightly in phraseology. He added this below the text: "The date is verbatim, as nearly as I can recollect, the diction of a note I wrote to the President this morning, and forgot to take a copy of before it went out of my hands. But I think there will be found scarcely a word of difference, except perhaps in the quo­ tation, the substance of which alone can be answered for" (Dft in D L C ; printed in Ford, V , 440-1, with only minor transcrip­ tion errors). T J ' s letter relates to one aspect of the aftermath of the defeat of Major Gen­ eral Arthur St. Clair's expedition against the Western Indians in November 1791. St. Clair, who also served as governor of the Northwest Territory, returned to Philadelphia in January 1792 eager to vindicate his conduct of the expedition. To this end he submitted to Washing­ ton at the end of the following month a draft letter, intended for publication, in which he defended his military leader­ ship, requested a court of inquiry to inves­ tigate his responsibility for the debacle,

and promised to resign his command as soon as this tribunal rendered a verdict. Washington submitted St. Clair's draft to Secretary of War Knox and instructed him to draw up a reply in the Pres­ ident's name, which was also intended for publication. Knox's draft letter, to which T J took exception in the document printed above, apparently exonerated St. Clair of negligence but refused his request for a court of inquiry. T h e exculpatory P A S S A G E which T J had questioned was deleted at a meeting of the President and the cabinet on 9 Mch. 1792 (St. Clair to Washington, 24 Feb. 1792; Washing­ ton to Knox, 29 Feb. 1792; Knox to Washington, 1 Mch. 1792, all in Carter, 7>rr. Papers, ii, 370-1; T J , Memoran­ dum of Consultation on Indian Policy, 9 Mch. 1792). A n exchange of correspon­ dence between St. Clair and Washington that followed was printed in the 14 Apr. 1792 edition of the Gazette of the United States and the 16 Apr. 1792 edition of the National Gazette, a fact that might have influenced the House's subsequent exoner­ ation of St. Clair (Carter, 7>rr. Papers, n, 376-8, 383-4, 386-7; Richard H . Kohn, Eagle and Sword: The Federalists and the Creation of the Military Establishment in America, 1783-1802 [New York, 1975], p. 345n.l01).

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To José de Jaudenes and José Ignacio de Viar Mar. 3 . 1 7 9 2 . T h : Jefferson presents his respectful compliments to Messieurs de Viar and de Jaudenes. Tho' the arrangements on the négociation with Spain are not yet all taken, yet he has no reason to doubt they will be so in the course of a week or two, and that they will perfectly accord with the expectations of the gentlemen. P r C ( D L C ) . T J was responding to an anxious request for information the pre­ vious day inasmuch as "the Spanish ves­ sel . . . will positively sail by the middle

of next week" (Jaudenes and Viar to T J , 2 Mch. 1792; R C in D N A : R G 59, N L ; endorsed by T J as received 2 Mch. and so recorded in S J L ) .

From Jean Baptiste Ternant Philadelphia, 3 Mch. 1792. He has been informed by the "Lieutenant au gouvernement général" and the intendant of Saint-Domingue that the situation on that island is critical because of a shortage of funds in the colony treasury and the uncertainty of receiving anyfinancialaid from France.—In this extremity he feels obliged to apply to the U.S. government for "l'avance immédiate d'une somme de quatre cent mille piastres à imputer sur les remboursemens qu'ils doivent à la France."—He urges T J to lay this request before the President as soon as possible and hopes that the President's solicitude for the welfare of France's most important colony will lead him to grant it the monetary assistance it so desperately needs. T r (Arch. Aff. Etr., Corr. Pol., E . - t L , xxxvi); 1 p. Recorded in S J L as received 4 Mch. 1792.

To José de Jaudenes and José Ignacio de Viar GENTLEMEN Philadelphia Mar. 4. 1792. The bearer hereof, Mr. Oliver Pollock, a citizen of the United States, has stated to me that a sum of 9574-J- Dollars due to him at the Havanna, was attached by his Catholic majesty's government there to secure certain sums due to Spanish subjects from the said Oliver Pollock, that he has since otherwise paid the sums he owed to those persons, and to all others within his majesty's dominions, and that [191}

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therefore he is entitled to a reimbursement of the sum so attached, with interest.—I am too well acquainted with the way of thinking of the Spanish government on subjects like this to doubt that they will do full justice to Mr. Pollock according to the truth of his case as it shall be found to be: and I take the liberty therefore of doing nothing more than asking the favor of your interference to have his case duly examined into at the proper place.—I have the honour to be with sentiments of the most perfect esteem & respect, Gentlemen, Your most obedient & most humble servant, T H : JEFFERSON P r C ( D L C ) . F C ( D N A : R G 360, D L ) .

Plan for Expediting Postal Service [4 Mch. 1792] 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 days, and 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 post man to each stage. For some stages from the seat of government and 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 and portmanteau will suffice. Let the hours for post-riding be from 3. aclock in the morning to 11. aclock 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 and accidents.—There may be a saving near the seat of government by sending the postman and his mail by the stages to Baltimore and 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 and minute of his departure, and have entered on the same bill by the postmaster at the next stage, the hour and minute of his arrival, and 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. T H : JEFFERSON 1

P r C ( D L C ) ; undated, but recorded in S J P L under 4 Mch. 1792 as being "Notes

on the Post." See Memoranda of Conversations with the President at 1 Mch. 1792.

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1

T J first wrote "It is presumed that the same horse and rider may perform [upwards?] of 20. miles every other day,

1792

always resting one day after his ride," and then deleted it.

To Thomas Mann Randolph, Jr. DEAR SIR Philadelphia Mar. 4. 92. I have received with great pleasure your favor of Feb. 17. informing us you were all safely moored at Monacello. With still greater I learn that you are at length sure of Edgehill. It is a fine tract of land, and will make you happier by furnishing a pleasing occupation. It secures too, what is essential to my happiness, our living near together. It seems as if you had more snow Southwardly than here: but the cold here has been excessive and of very long duration. The thaw seems now to be coming on, and it is expected the river will be open in two or three days. I imagine the reason why Maria's box with books &c, is not come, has been that Stratton did not make another trip here after our arrival. He will probably come as soon as the river is open. Greet my dear Martha for me, & beleive me to be Dear Sir Your's affectionately, T H : JEFFERSON R C ( D L C ) ; addressed: "Thomas M . Randolph junr. esq. Monticello"; franked. P r C (MHi).

To the Speaker of the House of Representatives SIR

Philadelphia M a r . 4. 1792.

Since the date of the letter of Feb. 22. which I had the honour of writing you, covering the acts of the North-Western government, as called for by the Resolution of the house of representatives of Feb. 10. the acts of the same government passed in the year 1791. have come to the hands of the President and have been deposited among the records in my office. Supposing that these also might come within the purview of the resolution of the house, I have now the honor of inclosing you a copy of them, & of expressing the sentiments of esteem & respect with which I am Sir Your most obedient & most humble servt., T H : JEFFERSON P r C ( D L C ) . F C ( D N A : R G 360, D L ) . Entry in S J P L reads: " T h : J . to Sp. H .

R. with laws of N . W. government."

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T h e A C T S in question are printed in Theodore Calvin Pease, ed., The Laws of the Northwest Territory, 1788-1800, Uli-

1792

nois State Historical Library, Collections, xvii (1925), 41-54. See also T J to George Washington, 23 Aug. 1791, and note.

From George Washington [S]lR 11 Oclock—A.M. [M]arch 4th. 1792. The enclosed came by the Post yesterday.—I send it for your perusal. Have you had any conversation with Mr. Ellicot respecting the completion of the Survey, and lots of the Federal City?—If so, what was the result?—He ought, [if] he undertakes it, to proceed to that place immediately, so as to be there at the proposed meeting of the Commissionrs. The Engravers say eight weeks is the shortest time in which the Plan can be engraved—(probably they may keep it eight months). Is not this misteriously strange!— Ellicot talked of getting you to walk with him to these People.—The current in this City sets so strongly against the Federal City, that I believe nothing that can be avoided will ever be accomplished in it.— Are there any good Engravers in Boston? If so, would it not be well to obtain a copy (under some other pretext) and send it there, or even to London with out any one (even Ellicot's) being appris'd of it?—Yrs. sincerely, Go: WASHINGTON 1

RC (DLC); slightly mutilated; addressed: "Mr. Jefferson"; endorsed by T J as received 4 Mch. 1792 and recorded in S J P L . T h e E N C L O S E D may be David Stuart to Washington, 26 Feb. 1792 ( D L C : Wash­ ington Papers). T h e E N G R A V E R S selected by Andrew Ellicott were James Thackara and John Vallance of Philadelphia. After

their pessimistic estimate of the time needed for the task, Washington and T J asked Samuel Blodget, J r . , to arrange for the plan's engraving in Boston (See Edito­ rial Note on fixing the seat of government, Vol. 20: 68-9). 1

Thus in M S . Perhaps Washington meant to write "talk."

Agenda for Commissioners of the Federal District 1

COMMISSIONERS [ca. 5 Mch. 1792] to settle the matter of Carrol of Duddington's house, to give up the prosecution of Roberdeau. C194]

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1792

to employ Ellicot to finish laying off the town, to agree with him as to his wages future and past. X to employ such superintendant and other officers as they shall think best. X to advertize for plans of buildings. to decide what work shall be done this year, viz which of the following objects, bridge over Rock creek. Wharves. Canal Cellars of both houses. Foundations of one or both. X making bricks—stores of lime, stone, timber &c. Compensation to Lenfant. Quary stone to be raised by skilfull people. Loan—on the Security of the State of Maryland 4 or 500,000 dollars.—The buildings, especially the Capitol, ought to be upon a scale far superior to any thing in this Country.—The House for the President should also (in the design though not executed all at once) be upon a commensurate scale. Measures, in my opinion ought to be taken for importing Highlanders and Germans as laborers—Mechanics also, if practicable. Carroll of Duddingtons House ought not to be paid for by the valuation rendered, but every material taken care of, and put up again (where they are not injured) in the manner they were before in a proper situation. Estimates &ca. are sent to shew the views &ca. of Majr. LEnfant. 2

3

4

M S ( D L C : Washington Papers); in the hands of both T J and Washington, as indicated in notes below; undated, but certainly written after 1 Mch. and on or before 6 Mch. 1792. It is very proba­ ble that T J wrote the first part of the agenda and sent it or left it with Wash­ ington on 5 Mch. 1792 (see Washing­ ton to T J , 4 Mch. 1792) and that Wash­ ington returned it with his additions that day or the next in time for T J to employ it in his letter of 6 Mch. 1792 to the Commissioners.

1

In pencil beneath this word is written "Superintendent" in an unidentified hand. In pencil and above the line at this point is written "secret" in an unidentified hand. Remainder of line in Washington's hand. T J wrote in margin: "2500 d. & 3000 d." Remainder of manuscript in Washing­ ton's hand. This reference to Maryland as security has diagonal marks through it that are typ­ ical of T J ' s marks for deletion.

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3

4

From George Hammond SIR Philadelphia 5th March 1792 In conformity to the mode, which you have pursued and suggested, I have now the honor of submitting to you an abstract of such partic­ ular acts of the United States, as appear to me infractions, on their part, of the definitive treaty of peace concluded between the King my master and the United States. The necessity of collecting from dis­ tant parts of this continent the requisite materials, of combining and arranging them has occasioned a much longer delay in presenting to you this abstract than I at first apprehended: I trust however that it will be found so comprehensive as to include every cause of complaint, resulting from the treaty, and so fully substantiated as to require no subsequent elucidations to prove and to confirm the facts which I shall specify. Many of the legislative acts and judicial determinations, which I shall adduce as violations of the treaty, having been common to a majority of the states, I have thought it expedient, in order to avoid repetitions, not to discuss the tendency and extent of their operation in the several states distinctly and separately, but to reduce the infrac­ tions under general heads, and to throw into the form of an appen­ dix references to justify and explain the documents by which they are authenticated. Although I have employed every exertion in my power to acquire the most accurate and general information upon the respective points, comprehended in this abstract, it is still possible, that many materials may have been out of my reach, or that, in the extensive collection of laws and of other documents which I have been obliged to peruse and digest many objects may have escaped my notice. It is possible that acts of the states, of which I have complained, as militating against the treaty of peace, may have been repealed or modified by succeed­ ing legislatures; and that decisions of the State Courts, which I have alleged as violations of the treaty, may have been rectified by subse­ quent determinations. I am not conscious of any errors or misrepre­ sentations of this nature; but if any such should exist in the abstract, I desire you, Sir, to be persuaded that they have been totally uninten­ tional on my part, and that I shall be extremely solicitous to have them explained and corrected. Immediately after the ratification of the definitive treaty of Peace, the Congress of the United States by a proclamation, announcing that event, and by a resolve dated 14 January 1784, required and enjoined all bodies of magistracy, legislative, executive and judiciary, to carry [196]

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into effect the definitive articles, and every Clause and sentence thereof, sincerely, strictly and completely—and earnestly recommended to the legislatures of the respective States, to provide for the restitution of all Estates, Rights and Properties confiscated, belonging to real British Subjects, and of Estates, rights and properties of persons resident in districts in possession of his Majesty's arms between 30th November 1782 and 14th January 1784 who had not borne arms against the United States; and that persons of any other description should have liberty to go to any part of the United States, to remain twelve months, unmolested in their endeavors to obtain the restitution of their Estates, rights and properties confiscated. It was also recommended to the several states to reconsider and revise all laws regarding the premises, so as to render them perfectly consistent with justice and that spirit of conciliation, which, on the return of the blessings of Peace, should universally prevail—and it was farther recommended that the Estates, rights and properties of such last mentioned persons should be restored to them, they refunding the bona fide price, paid on purchasing any of the said lands, rights and properties, since the Confiscation. In consequence of the little attention which had been manifested to this proclamation and recommendation, and of the answer given (20th February 1786) by the Marquis of Carmarthen to the requisitions of Mr. Adams, respecting the posts and territories ceded by the treaty of Peace to the United States, the Congress transmitted, in April 1787, a circular letter, to the Governors of the respective States, recommending it to the different legislatures to repeal such acts, or parts of acts, as were repugnant to the Treaty of Peace between his Britannic Majesty and the United States or any article thereof, and that the Courts of Law and Equity should be directed and required, in all Causes and Questions cognizable by them respectively, and arising from or touching the said Treaty, to decide and adjudge according to the Tenor, true intent and meaning of the Same, any thing in the said acts or parts of Acts to the contrary thereof in any wise notwithstanding. In this circular letter, after inforcing in the most energetic manner, the regard due to solemn national compacts and the impropriety of the individual states attempting to contravene, or even discuss, stipu­ lations, which had been sanctioned by their general government, the Congress farther declare, "they have deliberately and dispassionately examined and considered the several facts and matters urged by Great Britain, as infractions of the Treaty of Peace on the part of America; and regret that, in some of the States, too little attention appears to have been paid to the public faith pledged by the Treaty." It is observable that Congress, neither in this proclamation nor [197]

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recommendation, take any notice of the fourth article of the Treaty of Peace, by which it was agreed, that Creditors on either side should meet with no lawful impediment to the recovery of the full value, in sterling money, of all bona fide debts, theretofore contracted; nor does either the proclamation or recommendation extend to the stipulations in the close of the fifth article, whereby it was agreed that all persons who have any interests in confiscated lands either by debts, marriage settlements, or otherwise, should meet with no lawful impediment in the prosecution of their just rights. This omission of these essential points can only be ascribed to the conviction that Congress entertained that it was totally unnecessary to specify them, as they were stipulations positive and obligatory upon the individual states, and that no local regulation was competent either to confirm or invalidate them. It does not however appear that this proclamation and recommendation had any general and extensive effect upon the legislatures of the respective States, as, in consequence there­ of, even the formality of a municipal adoption of the Treaty, either in the nature of a repeal of existing laws, repugnant to the Treaty of Peace, or of a declaratory law, establishing the Treaty of Peace as the supreme law of the land, seems to have been confined to a small portion of the several states. Having thus stated the measures pursued by Congress to give valid­ ity and effect to the engagements contained in the treaty of peace, it is now expedient to specify, in detail, the particular acts, which Great Britain considers as infractions of the treaty, on the part of the United States, and it will tend to simplify the discussion to make the following arrangement. 1st. To define what Congress has enforced or omitted. Und. To advert to the conduct observed by the individual States generally, in respect to the Treaty of Peace, In not repealing laws that existed antecedently to the Pacification, In enacting laws subsequent to the peace in contravention of the Treaty, And in the decisions of the State Courts upon questions, affecting the rights of British Subjects. As to the first of these points, it cannot be presumed that the Commissioners, who negotiated the Treaty of Peace, would engage in behalf of Congress, to make recommendations to the legislatures of the respective States, which they did not expect to be effectual, or enter into direct stipulations, which they had not the power to enforce: And yet the laws were not repealed which Congress recommended to be repealed; nor were the stipulations enforced, which Congress was [198]

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absolutely pledged to fulfil. It does not appear that any of the State Legislatures repealed their Confiscation Laws, or provided for the restitution of all estates, rights and properties of real British Subjects, which had been confiscated, and of persons resident in districts in the possession of his Majesty's arms, who had not borne arms against the United States—that persons of other descriptions, were at liberty to remain twelve months in the United States unmolested in their Endeavors to obtain the restoration of their confiscated Estates, Rights and properties—that the acts of the several states, which respected Confiscations, were in many of the states reconsidered or revised—nor finally, have British Creditors been countenanced or supported either by the respective legislatures, or by the State Courts, in their endeavors to recover the full value of debts, contracted antecedently to the Treaty of Peace. On the contrary in some of the States the Confiscation laws have been acted upon since the Peace, and new legislative Regulations have been established to carry them into effect. In many of the States, the subjects of the Crown, in endeavoring to obtain the restitution of their forfeited Estates and property, upon refunding the price to the purchasers, have been treated with indignity, menaced, exposed to personal danger, and in some instances imprisoned. Prosecutions have been commenced against his Majesty's Subjects, for the part, which they had taken in the late war. In many of the States, laws have actually passed, delaying the legal investigation of just claims, and abridging the demands of British Merchants. Local Regulations, in respect to the tender of property, in discharge of just debts, have prevailed to such an extent as to amount to a prohibition of suits. Paper money, emitted by particular states, has been made at its nominal value, legal tender and payment for all debts, for the recovery of which actions were commenced at the time, when money of that description was greatly depreciated. Creditors too, in some of the States, were exposed to the necessity of taking real or personal property at a valuation made by a partial, prejudiced or interested neighbourhood, while in other States, when the question of alienage has been under discussion, the Courts of Law and Equity have determined that a subject of Great Britain residing within the King's dominions, at and after the declaration of Independence, was not competent to acquire or hold real property within the United States. In many of the State Courts, decisions have taken place, reducing the amount of British debts, in violation of the terms of the original Contracts, and some of those Courts have positively refused to take cognizance of suits instituted for the recovery of British debts. These facts will be more fully illustrated under the next head of arrangement. [199]

5

Appendix A. No. i to 30 inclusive

A. No. 3i & 32 No. 33 No. 34

MARCH

1792

Und. To advert to the conduct observed by the individual States, generally, in respect to the Treaty of Peace. 1st. In not repealing the laws that existed antecedently to the Pacification. During the war the respective legislatures of the United States passed laws to confiscate and sell, to sequester, take possession of, and lease, the Estates of the Loyalists, and to apply the pro­ ceeds thereof towards the redemption of Certificates and Bills of Cred­ it, or towards defraying the expences of the war—to enable Debtors to pay into the State Treasuries or Loan Offices paper money then exceedingly depreciated, in discharge of their debts. Under some of the laws, many individuals were attainted by name, others were ban­ ished for ever from the Country, and, if found within the state, declared felons without benefit of Clergy. In some States, the Estates and rights of married women, of widows and of minors, and of persons, who had died within the territories possessed by the British arms, were forfeited. Authority also was given to the executive department to require persons who adhered to the Crown, to surrender themselves by a given day and to abide their trials for High Treason; in failure of which the parties so required were attainted, were subject to, and suf­ fered all the pains, penalties and forfeitures awarded against persons attainted of High Treason. In one State (New York) a power was vested in the Courts to prefer Bills of Indictment against Persons alive or dead, who had adhered to the King, or joined his fleets or armies (if in full life and generally reputed to hold or claim, or, if dead, to have held or claimed, at the time of their decease, real or personal Estate)— And upon notice or neglect to appear and traverse the Indictment, or, upon trial and conviction, the persons charged in the Indictment, whether in full life or deceased, were respectively declared guilty of the offences charged, and their Estates were forfeited, whether in possession, reversion or remainder. In some of the States confiscated property was applied to the purposes of public buildings and improvements, in others was appropriated as rewards to individuals for military services rendered during the war, and in one instance Property mortgaged to a British Creditor was liberated from the incumbrance by a special act of the legislature, as a provision for the representatives of the mortgager who had fallen in battle. A general repeal of these laws, under the stipulated exceptions, would have been a compliance with the terms of the Treaty of Peace. But the restitution of the Estates, rights and properties, of real British Subjects, or of persons resident in districts in possession of his Majesty's arms, and who had not borne arms against the United [200]

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States, was not provided for by any local law or general regulation, nor did any such law or regulation prevail to support persons of other descriptions in their endeavors to obtain the restitution of such of their Estates, rights and properties as had been confiscated. Some of the State legislatures, it is true, soon after the Peace, passed Acts, in con­ formity to the Treaty, to provide against farther Confiscations, and to deliver up, under certain conditions and assessments, such lands and tenements, the property of persons described in Confiscation Laws, as had not been confiscated by process of law. Other States have, in cer­ tain instances, upon application of the children or friends of attainted Persons, passed laws to restore the ownership of forfeited Estates, upon the payment of a given price in depreciated Certificates, and, in oth­ ers, without exacting any consideration for the property restored. Acts of Pardon and Oblivion are also to be found in the Statute Book of some of the States, but fettered with such qualifications, exceptions and restraints, as to exclude effectually from the hope of recovery or resti­ tution numbers who were expressly within the meaning and intention of the treaty. 2nd. In enacting laws subsequent to the Peace in contravention of the Treaty. In stating the particular acts that relate to this head of arrangement, it will be proper to place them in three classes. 1. Such as relate to the Estates of the Loyalists; 2. Such as respect their persons; and lastly, 3. Such as obstruct the recovery of debts due to the subjects of the Crown. 1. Many of the confiscated Estates being undisposed of, not only at the time the preliminary articles of peace were signed, but even after the conclusion of the definitive Treaty, it would have been perfectly consistent with Justice, and that spirit of conciliation, which ought to have prevailed upon the return of the blessings of Peace, to have suspended the sales of property not then disposed of, to have repealed the laws of confiscation, under certain limitations, and to have restored the rights of married women, of widows and of minors: and though the policy of the different State Governments might exact a rigid adherence to forfeitures incurred by persons who had actually borne arms during the war, yet such a suspension of sales, repeal of laws and restitution of property might have been effected with great convenience in a number of instances, and might have been liberally extended to real British Subjects, and to persons, who had not borne arms against the United States, but who from local residence were liable to the imputation of offence and to the operation of severe penal laws. But immediately after the preliminary articles were signed, and for [201]

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Appendix B many years subsequent to the peace, acts passed the different legislaNo. i tures of the United States—to confirm forfeitures and confiscations No. 2 made by virtue of former laws—to secure in their possessions persons who had purchased forfeited lands, tenements, goods and chattels— No. 3 & 4 to sell confiscated property that remained unsold—to resell such as No. 5 & 6 had been already sold, and to which no title had been given—and to No. 7 release from their bargains persons who had misconceived the modes of No. 8 payment. In one State (Georgia) many years subsequent to the Peace, an act passed, to compel, under severe penalties, the discovery of debts due to merchants and subjects of the Crown of Great Britain, that had been sequestered by particular regulations. Under this act the Auditor of that state has published a formal notice, manifesting his determina­ tion to pursue the rigid letter of the law, and to sequester British debts, No. 9 & io in defiance of the solemnity of national engagements. In another State (Maryland) offers have even been held out by legislative authority to persons who, within limited periods, should make discovery of British property, to compound for the same by granting certain portions of such as should be discovered: And these legislative acts extended to forfeited rights and property, generally, without discrimination or distinctions of persons plainly defined in the treaty; distinctions which the spirit of conciliation and the feelings of humanity most forcibly recommended, and which the respective States were fully competent to establish and enforce, when applied to estates and property, either unsold at the period of the peace, or for which (owing to the default of the purchasers) no titles had been given. 2nd. In respect to the persons who under the Treaty of Peace were to have free liberty to come to any part of the United States, the per­ mission in their favor was in terms the most general and unqualified; and though the period, in which persons of one description were to remain in this Country, was restricted, none, however exceptionable their political Conduct might have been considered by the United States, were debarred from the means, of personal application, and of endeavoring to obtain the restitution of such of their estates, rights and properties as had been confiscated. As to those who, under the appellation of British Subjects had incurred no other imputation of criminality than that of adherence to their Sovereign, and as to others, who, though resident in districts in possession of his Majesty's forces, had not borne arms against the United States, the express provision in the treaty for the restitution of the Estates and properties of persons of both these descriptions certainly comprehended a virtual acquiescence in their right to reside, where their property was situated, and to be restored to the privileges of Citizenship: This virtual acquiescence may [202]

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be justly assumed as an argument in favor even of those, who had borne arms against the United States, and who (if any instances of this kind existed) had been successful in their endeavors to obtain the restoration of their confiscated Estates on refunding to the purchasers the bona fide price that had been paid. Acts however of proscription, attain­ der and banishment, which had passed during the war, and which extended not only to those who had borne arms against the United States, but also to those who had borne arms against their allies; to persons who had left particular states and gone off with the fleets or armies of Great Britain—to those who had attached themselves to, adhered to, or taken the protection of the government, fleets or armies of Great Britain; who were and still remained absent from the states; who had withdrawn themselves from and still resided beyond the limits of the United States—though repealed as to certain individ­ uals therein named, remained in full force against numbers of every description of persons defined in the Treaty. And subsequent to the Peace, Acts passed several of the State Legislatures for the purpose of asserting the rights of the States, for preserving their independence, and expelling such aliens as might be dangerous to the peace and good order of government, whereby persons who had left the States, gone off to or taken the protection of the government, fleet or armies of Great Britain, or aided, assisted or abetted the same, or had borne arms, exercised or accepted military commands, or owned or fitted out armed vessels to cruize against the United States or their allies, or had been joined to the fleets or armies, or to any volunteer corps of the King, or had held any office at particular boards instituted during the war—and all other absentees named in divers acts of confiscation, or who had been banished, or sent out of the States, were forbidden to return without licence at their peril, or were subject to disqualifications, to prosecution and tedious imprisonment, if they remained after notice given to depart the State. In some States the ceremony of notice was dispensed with, and the parties upon being found therein were liable to imprisonment, to the confiscation of the property they possessed, and in other States to the penalty of death. In some of the States, it is true, permission was given to certain individuals to return unconditionally but in others the indulgence was of momentary duration, and the unfortunate objects of it were then banished from their Connections and friends for ever. To this it may be added that though the Treaty of peace expressly declares that no future confiscations shall be made nor any prosecutions commenced against any persons for or by reason of the part which they might have taken during the war, confiscation acts have passed [203]

Appendixe

No. i

No. 2 & 3 No. 4 No. 5 No. 6 No. 7 & 8

No. 2 c. No. 2, 7 & 8 No. 6

No. 9 & 10 No. 12,13,

No. 15

u

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since the preliminary articles were signed, and sales have been made of confiscated Estates long since the Peace; Acts have also passed for No. 16 granting effectual relief in cases of trespasses, and pointing out modes for the recovery of property acquired while the King's troops occupied particular districts, whereby it was made lawful for any inhabitants of the State, who had left their places of abode, and had not since voluntarily put themselves into the power of the King's troops, to bring actions of trespass against any person who had occupied, injured or destroyed their Estate either real or personal within the power of the King's troops, or against persons who had received or purchased such goods or effects; and the purchasers of property, under sales made in districts occupied by the Royal Army, were required to restore c. No. n and deliver up the same under the penalty of forfeiting treble the value of such property, so obtained, and neglected to be delivered or restored; to the great inconvenience of many who had used, possessed, or acquired real and personal property, under the sanction of the only authority existing in the districts wherein the property was situated, an authority justified by the laws and usages of nations, and confirmed by the letter and spirit of the Treaty of Peace. The Persons who were the objects of the Trespass law were still more oppressed by it's No. is operation, in consequence of a subsequent act suspending prosecutions for acts done to promote the American cause, which was manifestly levelled at the friends of the Crown, and deprived them of the means of satisfaction for those acts of outrage, which had involved them in loss and ruin. And in order to provide for the enforcement of these Trespass No. 19 laws against Absentees, the remedy of attachment against absconding Debtors was extended to the recovery of Damages sustained by the injury, destruction or occupancy of real or personal Estates during the war, whereby Absentees, though in a state of legal exile, were considered as absconding Debtors. 3rd. The securing of the enormous debt due from the Citizens of the United States to the merchants of Great Britain, being an object of important consideration to his Majesty's Government in arranging and discussing the terms of the Treaty of Peace, was expressly provided for in it; though stipulations of that nature are not usual in treaties between independent nations: as the engagements of individuals of dif­ ferent countries are not liable to the intervention of partial local regula­ tions, but rest upon the sacred and permanent basis of universal justice. The magnitude of this object cannot therefore be better ascertained than by this circumstance and accordingly a solemn and unequivocal stipulation was introduced into the Treaty, "that Creditors, on either side, should meet with no lawful impediment to the recovery of the full [204]

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value in sterling money of all bona fide debts heretofore contracted"; a stipulation as precise and definite as to the measure and mode of recovery and payment, as it was general and unqualified in respect to the debts to be recovered. "The full value in sterling money" could only mean the value, to be ascertained by the nature and terms of the original contract between Debtor and Creditor, and to be paid in sterling money, according to the rate of exchange prevailing between the two Countries. "All bona fide debts heretofore contracted" com­ prehended every species of debt, due to the Creditors on either side, contracted antecedent to, and which remained unpaid at, the period of concluding the Treaty of Peace. Hitherto Great Britain has anxiously, though in vain, expected from the United States the fulfilment of this article in behalf of her suffering merchants: But prohibitions of suits and personal disabilities, created during the war, to commence actions remained unrepealed and have been protracted to periods subsequent to the peace. Acts too have passed since the peace suspending for a time the recovery of debts and the issuing of executions. Courts have been authorized by law to direct and admit the reduction of interest; and the absolute reduction of interest for a limited number of years has been provided for. Laws which existed before the war, compelling Creditors to take the debtor's land at an appraised value, remained unrepealed, notwithstanding the change of circumstances in the two Countries had, in some of the State Courts, tended to establish principles of alienage which have been car­ ried to so rigorous an extent, applied to British Subjects, as to inspire doubts of their competency to acquire or hold real property within the United States. New tender and valuation Laws have been passed subsequent to the Peace, by the operation of which Creditors were reduced to the alternative, either of accepting under partial appraisements resulting from prescribed modes of valuation real and personal property which bore no proportion to the value of the original debt, and for which they could command no price whatsoever; or of having the persons of their Debtors protected from Arrests or discharged from executions. British Subjects and their agents were compelled to give security to pay all just debts due from the Creditors to any citizen of the state, as far as the amount of the debts to be collected, before any debtor could be compelled to make payment. Paper money emitted and made current for a number of years was constituted legal tender for payment and discharge of any debt, bargain or sale, bond, mortgage, specialty or contract whatsoever "already made or hereafter to be made" either for sterling money, silver money, dollars or any species of gold or silver. Instalment laws have passed restraining for a time the [205 ]

Appendix

D

No. i No. 2,3,4,5,6.

No. 7 No. 8 No. 9 No. 10 No. 11

No. 12 No. 13 No. u

D No. 15

No. i6

No. 17,18,19 No. 20

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commencement of suits and then limiting the modes of recovering all debts due previous to the month of February 1782, and of obligations taken since that time for debts previously incurred, to three annual payments of one third of the principal and interest in each succesNo. 21 si ve year: These restrictions and limitations were afterwards extended to all debts contracted previous to the 1st January 1787; and when these limitations, in which the British merchants most patiently and No. 22 benevolently acquiesced, were about to expire, a new Instalment L a w was passed, protracting the period of payments five years longer and restraining the recovery even of bonds or notes, given payable accord­ ing to the instalment prescribed by the former acts, to the manner directed in the last Instalment law. It is worthy of observation that this latter Instalment Law passed subsequent to the formation of the federal Constitution, which ordains that all Treaties, made, or which should be made, under the authority of the United States, should be the supreme law of the land, and that the Judges in each state, should be bound thereby and every Senator and Representative of the United States, members of the several State legislatures, and all executive and judicial officers both of the United States and of the several states, were to be bound by Oath or Affirmation to support that Constitution. 3rd. The last point of discussion relates to the decisions of State Courts upon questions affecting the rights of British Subjects; in respect to which the dispensations of law have for the most part, been as unpropitious to the subjects of the Crown as the legislative acts of the different Assemblies throughout this continent: It must however be allowed that in one State (Massachusetts Bay) where great prop­ erty was at stake, Justice has been liberally dispensed, and, notwith­ standing a particular regulation of the State warranted the deduction of that portion of the interest on British debts which accrued during the war, the Courts, in conformity to the plain terms of the Treaty, have admitted and directed the Quantum of the demand to be regu­ lated by the original Contract; and where the Contract bore interest, or the custom of the trade justified the charge, the full interest has been allowed to British Creditors, notwithstanding the intervention of war. On the other hand it is to be lamented, that in a more distant state (Georgia) it was a received Principle, inculcated by an opinion of the highest judicial authority there, that as no legislative act of the state existed, confirming the treaty of peace with Great Britain, war still continued between the two countries; a principle which may perhaps still continue in that state, as it is one of those that have not to this [206]

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moment, paid any municipal regard to the different recommendations of Congress to the several legislatures, to repeal all laws inconsistent with the Treaty of Peace. The decisions of the State Courts having affected the claims and persons of British Subjects, a short view will be taken of some of the most important decisions, under these two heads. 1st. In the prosecution of claims, instituted by British merchants for debts contracted previous to the war, proof of the usage of the Trade to allow interest after the expiration of a year on the amount of the goods shipped, or of the specific contract between the Debtor and Creditor has been uniformly establshed; the full value of the debt, to be recovered, ought consequently to have been nothing short of the debt and interest according to the usage of the trade or to the terms Appendix E of the Contract: But under the direction of many of the Courts, Juries No. i have invariably abated interest on the British debts for seven years and a half. Even the solemnity of obligations has not been found of No. 2 & 3 sufficient force to secure the Creditor from this deduction, it having been determined that obligations, which on the face of the Contract itself bore interest, were upon no better footing in this respect than Book Debts, in which the intervention of war and the prohibitory resolves of Congress were deemed sufficient Grounds to destroy the usage between the British and American Trader, by abating the inter­ est for the period the war continued; and that as the Debtor was deprived of the means of making payment, unless by a violation of a positive restrictive law, prohibiting remittances as a means of strength­ ening the enemy, and as it would have been criminal to have remitted during the war, no man should suffer for his obedience to the laws, or be answerable for the interest while the laws of the land restrained him from remitting the principal. The treaty of Peace too has been considered as having no effect upon this question, it having been held that the Treaty only secured the mutual recovery of debts, when the amount was ascertained; but the amount of the debts was to be settled by the laws of the land. In one state particularly, in which the claim of interest has been E No. 4 generally involved in the recovery of British debts, that had been paid in consequence of legislative acts into the State Treasury, the superior Court of the State determined, that the construction of the Treaty and the acts of the State intitled the Creditor to recover the principal of his debt and all interest thereon, which had not arisen during the war, and that as by the intervention of war the means of recovering British debts were suspended, the claim of interest during the suspension, [207]

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was inadmissible. It was admitted that notwithstanding the payments into the Treasury the Treaty of Peace restored the right of action; but interest was recoverable only from the date of the definitive Treaty. In one of the Southern States (Virginia) where debts to a very con­ siderable amount are depending, the suits, that have been instituted for their recovery, have been referred to the district Courts of the State, and some of the Causes having stood for several years under a mere for­ mal continuance upon the records have been adjourned, for difficulty, to the General Court, wherein they still remain undecided, and others, it is said, have been actually dismissed. The delay of Justice, operating No. 5 equally as a denial of Justice, would have been effectually reformed in that State by the provisions of a particular law giving summary relief in determining disputes wherein Subjects of those Countries, which had acknowledged or should hereafter recognize the independence of the United States, were parties against the Citizens of that state; but unfortunately for the British Creditors, upon the conclusion of Peace, it was soon found that this summary relief extended to British debts in common with the claims of other foreigners whose Sovereigns had recognized the independence of the United States, and that some of the Judges favored the idea; and so much of the act as points out and authorizes the mode of proceeding in suits wherein foreigners E No. 6 were parties, was repealed, and at this moment the means of recovery No. 7 depend solely upon limitations and conditions created by local regula­ tions, which are in direct opposition to the recommendatory resolves of Congress and palpable infractions of the fourth article of the Treaty of Peace. The few attempts to recover British debts in the County Courts of that State have universally failed; and these are the Courts wherein from the smallness of the sum, a considerable number of debts can only be recovered. A farther hardship, under which the British Creditors labor, is that they are answerable and proceeded against by Course of L a w for every claim brought against them; when at this moment it is not a settled point whether even the federal Court, in that district, will entertain, in their behalf, suits to which that Jurisdiction is competent, the Circuit Court of the United States, after very solemn argument, having adjourned the Question. In addition to these observations it is necessary to mention, that in some others of the Southern States, there does not exist a single instance of the recovery of a British Debt in their Courts, though so many years have expired since the establishment of Peace between the two Countries. [208]

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2nd. The proceedings of the State Courts upon points, which affected the persons of British Subjects have been equally repugnant to the Terms of the Treaty. In one State suits have been instituted under the acts for granting a more effectual relief in cases of certain E No. 8 trespasses, for the recovery of damages resulting from the occupancy of estates, held in districts in the possession of his Majesty's arms, by virtue of licence and permission from the Commanders in Chief; and though the licence and permission were pleaded, and it was stated upon the record that after the declaration of independence by Con­ gress, there was open war between the two Countries—that the place where the Estates were situate continued in the uninterrupted Pos­ session of the Royal Army during the whole period they were occupied under such licence and permission, and as long as the same remained in force—that by the Treaty of Peace the claim which the subjects or citizens of either of the contracting Parties had to recompence or retribution for injuries done to each other in consequence of or relating to the war, were mutually relinquished and released—that the Parties, against whom the suits were instituted, were subjects of the Crown, residing in a district occupied by the Royal Army, where the Estate in question was situate, under the protection of the King then at war with this Country: These Pleas were overruled by the Court as insufficient, and Damages have been awarded against the Parties for the time the Estates were so occupied by them, to the great injury of numbers who had during the war actually paid a competent rent for the property they occupied, under the authority of the Commander in Chief. In another State an indictment has lately been preferred against a subject of the Crown for the murder of a citizen of the United E No. 9 States found under suspicious circumstances within the Royal lines. Though the Grand Jury did not find the bill of indictment against the party, as the facts alledged were not sufficiently proved, they postponed a farther inquiry to a future time, to give the prosecutor an opportunity of producing farther testimony, in which the Court acquiesced and refused to discharge the Prisoner, observing when the Counsel moved for his discharge, that the Commission for holding the Court of Oyer and Terminer did not expire for some months, and the Court would again sit before the Period expired. The Prisoner was however admitted to bail upon his own recognizance in £ 5 0 0 and two Sureties in £ 2 5 0 each; but as his friends doubted the disposition of the Court to determine according to the terms of the Treaty, they thought it more prudent to suffer the forfeiture of the recognizances, than to put his life again into jeopardy. In that state also actions of trespass have been instituted for taking [209]

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and driving off Cattle during the war, converting indictable offences into civil suits with a view of eluding the stipulations of the Treaty; but with what success has not been ascertained. Upon this last head of arrangement, it is only necessary farther to observe that the prosecutions in the cases specified are all direct and positive violations of the sixth article of the Treaty of Peace. From the foregoing detail it is evident—that the recommendations of Congress to the respective State-legislatures have in some of the states been totally disregarded, and in none have produced that com­ plete and extensive effect which Great Britain, from the stipulations of the Treaty, was perfectly justifiable in expecting and requiring— that, since the Peace, many of the States have passed laws in direct contravention of the definitive treaty, and essentially injurious to the estates, rights and properties of British Subjects, in whose favor pre­ cise distinctions were clearly defined and expressed in the treaty—that although some of the States may have repealed their exceptionable laws partially or generally, yet in a majority of the states they still exist in full force and validity—and that in some of the State Courts actions have been commenced and prosecuted with success against individu­ als for the part they had taken in the war; which actions were in their origin positive contraventions of the sixth article of the treaty, and in their consequences materially detrimental to the rights and property of many subjects of the Crown of Great Britain. In consequence of the violation of the treaty in these particulars, great numbers of his Majesty's subjects have been reduced to a state of penury and distress, and the nation of Great Britain has been involved in the payment to them of no less a sum than four millions sterling, as a partial compensation for the losses they had sustained. It is farther manifest that the stipulation in the fourth article of the treaty, which provides for the recovery of the debts due to the subjects of the two Countries respectively, has been not only evaded in many of the states, but that municipal regulations have been established in them in avowed contravention of it—and that in many instances the means and prospect of obtaining redress are nearly as remote as ever. Since in one State, in which a Sum far exceeding one million sterling is still due to British Creditors, the supreme federal Court has thought proper to suspend for many months thefinaljudgment on an action of debt brought by a British Creditor, and since, in the same State, the County Courts (which alone can take cognizance of debts of a limited amount) have uniformly rejected all suits instituted for the recovery of sums due to the Subjects of the Crown of Great Britain. The delay, which has arisen in the administration of justice, has [210]

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with equal propriety been stated as equivalent to an infraction of the treaty: For by the effect of that delay many descriptions of his Majesty's Subjects have been exposed not only to material inconvenience, but in various cases to the ruin and absolute loss of their property. The conduct of Great Britain in all these respects has been widely different from that which has been observed by the United States. In the former Country, the Legislature has never harboured the intention of enacting regulations, which might invalidate a national compact, or affect the sacred tenor of engagements contracted between individuals. And in the Courts of Law, the Citizens of the United States have experienced without exception the same protection and impartial dis­ tribution of justice as the subjects of the Crown. Examples can be adduced of judgment having been given in favor of American Credi­ tors in actions of debt brought even against Loyalists, the whole of whose property had been seized by legislative acts of the States, in which it was situated, and appropriated in the first instance to the liquidation of the very description of debts, for which these suits were commenced against them in England. Such is the nature of the specific facts, which the King my master has considered as infractions of the Treaty on the part of the United States, and in consequence of which his Majesty has deemed it expe­ dient to suspend the full execution on his part of the seventh article of that treaty. On this head also it is necessary to premise the follow­ ing evident distinction—that the King has contented himself with a mere suspension of that article of the treaty, whereas the United States have not only withheld from subjects of the Crown that redress to which they were entitled under the terms of the treaty, but also many of the States have, subsequent to the peace, passed new legislative regulations, in violation of the treaty, and imposing additional hard­ ships on individuals, whom the national faith of the United States was pledged, under precise and solemn stipulations, to insure and protect from future injury. On the grounds therefore of the irreparable injury, which many classes of his subjects have sustained, and of the heavy expence to which the British nation has been subjected by the non-performance of their engagements on the part of the United States, the measure that the King has adopted (of delaying his compliance with the seventh arti­ cle of the treaty) is perfectly justifiable. Nevertheless his Majesty's sin­ cere desire to remove every occasion of misunderstanding has induced him to direct me to express his readiness, to enter into a négocia­ tion with respect to those articles of the treaty, which have not been executed by the two Countries respectively; and to consent to such [211]

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arrangements upon the subject, as, after due examination, may now be found to be of mutual convenience and not inconsistent with the just claims and rights of his subjects.—I have the honor to be, with sincere respect and esteem, Sir, Your most obedient and most humble servant, GEO. HAMMOND R C ( D N A : R G 59, N L ) ; in a clerk's hand except for signature; endorsed by T J as received 5 Mch. 1792 and so recorded in S J L . T r (same). F C ( D N A : R G 59, S D R ) . P r C of another T r ( D L C ) . T h e British minister's letter faithfully reflected his government's longstanding position that American infractions of Arti­ cles IV, V , and v i of the Treaty of Paris justified British retention of the eight fron­ tier posts on American soil that were sup­ posed to have been evacuated under the terms of Article v u of that agreement (see notes to T J to Hammond, 29 May 1792). Hammond had come to the United States in October 1791 with instructions to dis­ cuss these infractions with American gov­ ernment officials and to assure them that, in return for American compliance with the first three disputed articles, Britain was prepared to offer "some practicable and reasonable Arrangement on the Sub­ ject of the Posts" (Grenville to Hammond, 2 Sep. 1791, Mayo, British Ministers, p.

14-15). Unfortunately for Hammond, the British government still had not decided as of this date upon the specific condi­ tions under which it would relinquish pos­ session of the posts—hence the calculated ambiguity with which he treated this issue in his letter. Despite his instructions to discuss these issues personally with Amer­ ican officials, the British minister pre­ sented his government's case against the United States in the form of a letter to the Secretary of State as a result of an initia­ tive by T J . In order to facilitate a diplo­ matic resolution of the Anglo-American disputes over the peace treaty, T J decided to confine the first phase of his negotia­ tions on these points with Hammond to written communications, so that later both men could concentrate their attention on settling the major points at issue between the two nations without the intrusion of less significant questions in their delib­

erations. Accordingly, T J wrote a letter to Hammond in the middle of December 1791, in which he specified the princi­ pal British violations of the peace treaty and invited Hammond to respond with a written statement of American infrac­ tions of this agreement. Hammond read­ ily consented to this M O D E of negotiation because, as he pointed out to the British foreign secretary, it "precludes any doubt of our respective meaning, and enables me to submit every particular to your Lord­ ship's consideration" ( T J to Hammond, 15 Dec. 1791; Hammond to Gren ville, 19 Dec. 1791, P R O : F O 4/11). Instead of responding promptly with a relatively brief specification of American treaty vio­ lations, as T J had expected, Hammond spent the next two and a half months compiling a comprehensive statement of British complaints with respect to the treaty. In this endeavor Hammond gath­ ered information about a multitude of state laws and state court decisions that he regarded as contrary to the terms of the treaty from the British consuls and "other respectable persons" in America (Hammond to Grenville, 16 Nov. 1791, 8 June 1792, P R O : F O 4/11; same, 4/15; see also Memoranda of Consulta­ tions with the President, 11 Mch.-9 Apr. 1792). He derived most of his material on these subjects from Phineas Bond, the British consul in Philadelphia, who had been especially assiduous in keeping a record of American violations of the treaty (Hammond to Grenville, 6 Mch. 1792, P R O : F O 4/14, D L C photostat; Joanne L . Neel, Phineas Bond: A Study in Anglo-American Relations, 1786-1812 [Philadelphia, 1968], chs. v i - v m ) . But the long delay between T J ' s original specifi­ cation of British treaty infractions and the submission of Hammond's counterstatement was not due entirely to the time the British minister spent in gathering supporting evidence for his complaints.

[212]

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Hammond also deliberately refrained from completing this letter and submitting it to T J for as long as possible in the belief that the failure of Arthur St. Clair's Indian expedition in November 1791 had made the American government so anxious to gain possession of the western posts, in order to be in a better position to launch a new campaign against the western tribes, that it would be willing to acknowl­ edge the justice of the British position on Articles iv, v, and vi and redress the grievances arising from them in return for the evacuation of these forts. However, further delay became imprudent after T J , acting at the express wish of Washington, pointedly reminded Hammond at a presi­ dential reception near the end of February that the American government was anx­ ious to receive his statement on the treaty. After delivering this letter to T J , Ham­ mond looked forward with confidence to the prospect of personal negotiations with the Secretary of State because he was con­ vinced that his letter clearly demonstrated beyond the probability of cavil and con­ tradiction" that Britain's refusal to evac­ uate the western posts was a justifiable response to numerous American violations of the provisions of the Treaty of Paris dealing with Loyalists and British cred­ itors (Hammond to Grenville, 6 Mch. 1792, P R O : F O 4/14, D L C photostat; see also Memoranda of Consultations with the President, 11 Mch.-9 Apr. 1792). In private Hammond was somewhat more sanguine about the chances for British merchants to recover their E N O R ­ M O U S D E B T through regular judicial pro­ ceedings than he was in this letter to T J . He believed that if all the states had accepted the implications of the constitu­ lt

1792

tional provision making treaties part of the supreme law of the land, "no other measures would now have been requisite to place the subjects of the Crown (and especially the British Creditors) in the situation, to which they are entitled by the treaty." But although he detected a marked tendency to comply with this pro­ vision among the northern states, as evi­ denced by several court decisions favorable to British creditors, he found an equally strong disposition to oppose it among the southern states, though he later singled out Virginia as the worst offender (Ham­ mond to Grenville, 6 Mch. 1792, P R O : F O 4/14, D L C photostat; Notes of Con­ versation with George Hammond, 3 June 1792). Virginia was the O N E S T A T E referred to and the A C T I O N O F D E B T was the cel­ ebrated case of Jones v. Walker. For an analysis of this case, which hinged on the issue of whether a payment into the Virginia Loan Office under the terms of a 1777 state act discharged a debtor of his obligation to a British creditor, see Charles A . Hobson, "The Recovery of British Debts in the Federal Circuit Court of Virginia, 1790-1797," V M H B , xcn (1984), p. 176-200. Bemis, Jay's Treaty, p. 134; Malone, Jefferson, ii, 412; and Peterson, Jef­ ferson, p. 452, criticize Hammond for allegedly failing to link the general charges made in the body of this letter with the specific laws and legal decisions cited in the appendices. This misconception arises from the fact that all three scholars used the text of the letter printed in A S P , For­ eign Relations, I , 192-200, which lacks the marginalia Hammond inserted in the R C to make this very connection.

E N C L O S U R E

Appendices Appendix A No. 1 2

Act of New Hampshire to confiscate Estates of sundry Persons therein named—passed November 28 1778. Act of Massachusetts Bay to prevent the return of certain Persons therein named, and others who had left [213]

5

3

4

5 6 7 8

9 10 11

12 13 14

15 16

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1792

that state or either of the United States and joined the Enemies thereof—passed in 1778. Act of Massachusetts Bay to confiscate the Estates of certain notorious Conspirators against the Government and liberties of the inhabitants of the late Province now State of Massachusetts Bay—passed in 1779. Act of Rhode Island to confiscate and sequester Estates, and banish persons of certain descriptions— passed October 1775—February, March, May, June, July, August, October 1776—February and October 1778—February, May, August, September, October 1779—July, September, October 1780—January, May 1781—June, October, November 1782—February, May, June, October 1783. Act of Connecticut directing certain confiscated Estates to be sold—Connecticut Laws—fol. 56. Act of New York for the forfeiture and sales of the Estates of Persons who have adhered to the enemies of the State—passed 22 October 1779. Act of New York for the immediate sale of part of the confiscated Estates—passed March 10. 1780. Act of New York approving the act of Congress rel­ ative to the Finances of the United States and making provision for redeeming that State's proportion of Bills of Credit to be emitted—passed 15 June 1780. Act of New York to procure a sum in specie for the purpose of redeeming a portion of the bills emitted &c— passed 7 October 1780. Act of New Jersey to punish Traitors and disaffected Persons—passed 4 October 1776. A c t of N e w Jersey for taking charge of and leasing the real Estates, and for forfeiting personal Estates of certain Fugitives and Offenders—passed April 18. 1778. Act of New Jersey for forfeiting to and vesting in the State the real Estates of certain Fugitives and offend­ ers^—passed 11 Deer. 1778. Act of New Jersey supplemental to the act (No. 10) to punish Traitors and disaffected Persons—passed Octo­ ber 3. 1782. Act of Pennsylvania for the attainder of divers Traitors and for vesting their Estates in the Commonwealth if they render not themselves by a certain day—6 March 1778. Act of Delaware declaring Estates of certain Persons forfeited and themselves incapable of being elected to any office—passed 5 February 1778. Act of Maryland for calling out of circulation the Quo­ ta, of the State, of the Bills of credit issued by Con­ gress—October 1780. By the 11th Section of this act persons indebted to (214]

5

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1792

Creditors who had not become subjects and residents of the State, or had an agent constantly residing within the State, were, under certain regulations, authorized to pay these debts into the Treasury in certain species of depreciated Paper money, and the Treasurer's receipt was declared good Evidence in Law and Equity of the payment of such debt. 17 Act of Maryland to seize, confiscate and appropriate all British Property within the State—passed October 1780. 18 Act of Maryland to appoint Commissioners to pre­ serve confiscated British Property—passed October 1780. 19 Act of Maryland to procure a loan and for the sale of escheat lands and the confiscated British Property therein mentioned—passed October 1780. 20 Act of Virginia for sequestering British Property, enabling those indebted to British Subjects to pay off such debts &c—passed October 1777. 21 Act of Virginia concerning escheats and forfeitures from British Subjects—May 1779. 22 Act of Virginia to amend the act concerning Escheats &c—passed May 1779. 23 Act of Virginia to amend the act concerning escheats and forfeitures—passed October 1779. 24 Act of Virginia to adjust and regulate pay and account of officers of Virginia line—passed November 1781. 25 Act of Virginia for providing more effectual Funds for redemption of Certificates—passed May 1782. 26 Act of North Carolina for confiscating the property of all such persons as are inimical to the United States &c—passed November 1777. 27 Act of North Carolina to carry into effect the last mentioned act—passed Jany. 1779. 28 Act of South Carolina for disposing of certain Estates and banishing certain persons therein mentioned— passed 26 February 1782. 29 Act of South Carolina to amend the last mentioned act—passed 16 March 1783. 30 Act of Georgia for inflicting Penalties on and confis­ cating the Estates of such persons as are therein declared guilty of Treason and for other purposes therein men­ tioned—passed May 4 1782. 31 Act of South Carolina to vest 180 acres of land, late property of James Holmes, in certain persons in trust for the benefit of a public school—passed 15 August 1783. 32

Act of Virginia for removal of seat of Government— passed May Sess. 1779. See No. 21. [215]

5 33 34

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1792

Act of New Jersey to appropriate a certain forfeited Estate—passed 23 December 1783. Act of Maryland for the benefit of the children of Major Andrew Leitch—15 June 1782.

Appendix B No. 1

2

3 4 5

6 7 8

Act of Massachusetts in addition to an act made and passed the present year (1784) intitled an act for repeal­ ing two laws of this State passed—10 November 1784. See Appendix C No. 2. Act of North Carolina to secure and quiet in their possessions all such as have or may purchase lands goods &c sold or hereafter to be sold by the Commissioners of forfeited Estates—passed December 29 1785. Act of North Carolina directing the sale of confiscated property—passed October sess. 1784. Act of Georgia to authorize the Auditor to liquidate the demands of such persons as have claims against the confiscated Estates—passed 22 February 1785. Ordinance of South Carolina for amending and explaining the Confiscation Act—passed 26 March 1784. Act of South Carolina to amend the Confiscation act and for other purposes therein mentioned—passed 22 March 1786. Act of Georgia releasing certain persons from their Bargains &c—passed 29 July 1783. Act of Georgia to compel the settlement of public accounts, for inflicting Penalties, and for vesting Audi­ tor w i t h certain Powers—passed 10 F e b r u a r y 1 7 8 7 .

9 10

Act of Maryland to vest certain powers in the Gov­ ernor and Council. Sect. 3rd.—passed November sess. 1785. Act of Maryland to empower Governor and Council to compound with the discoverers of British Property and for other purposes—passed November sess. 1788.

Appendix C

No. 1 2

3

See Acts of Confiscation, Banishment &c referred to in Appendix A—No. 1 to 30 inclusive. Act of North Carolina of Pardon and oblivion—passed April sess. 1788. Act of Massachusetts Bay for repealing two laws of the State and for asserting the right of that free and sovereign Commonwealth to expel such aliens as may be dangerous to the Peace and good Order of Govern­ ment—passed 24 March 1784. Act of Georgia for ascertaining the rights of aliens [216]

5

4 5 6

7

8 9 10

11

12 13 14 15

MARCH

1792

and pointing out a mode for the admission of Citizens— passed 7th February 1785. Act of New York to preserve the freedom and inde­ pendence of the State and for other purposes therein mentioned—passed 12 May 1784. Act of Virginia prohibiting the migration of certain persons to that Commonwealth and for other purposes therein mentioned—passed October sess. 1783. Act of Virginia to explain, amend and reduce into one act the several acts for the admission of Emigrants to the rights of Citizenship and prohibiting the migra­ tion of certain Persons to that Commonwealth—passed October sess. 1786. Act of North Carolina to describe and ascertain such persons as owed allegiance to the State and to impose certain disqualifications on certain persons therein named—passed October sess. 1784. Act of North Carolina to amend the last mentioned act—passed November sess. 1785. Act of South Carolina restoring to certain persons their Estates and for permitting the said Persons to return and for other purposes—26 March 1784. See Appendix A No. 28. By act of 26th February 1782 penalties of Confiscation and Banishment were inflicted on certain persons described in Lists 1, 2. 3. 4. 5, and, though it appears by the foregoing act, that the persons named in Lists No 1. 2. 3 were restored to their Estates under certain Assessments and Limitations, and permitted to return and reside in the state under certain disqualifications, the penalties of the act of 26th Febru­ ary 1782 still prevail against those Persons mentioned in the Lists No. 4 and 5, who are liable to suffer death, if they return to the State after being sent out of it. Act of Rhode Island to send out of the State N. Spink and Jno. Underwood, who had formerly joined the Enemy and were returned into Rhode Island—passed 27 May 1783. Act of Rhode Island, to send Willm. Young, thereto­ fore banished, out of the State, and forbidden to return at his peril—passed 8 June 1783. Act of Rhode Island allowing Wm. Brenton, late an absentee, to visit his family for one week, then sent away not to return—passed June 12. 1789. Act of Rhode Island to banish S. Knowles (whose Estate had been forfeited) on pain of death if he return— passed October 1783. Act of Pennsylvania to attaint Harry Gordon unless he surrender himself by a given day (24 July 1783) and the seizure of his Estates by the Agents of forfeited Estates confirmed—passed 31 January 1783. [217}

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16 17

18 19

MARCH

1792

This act passed after the provisional articles were signed and the time limited for the surrender of Mr. Gordon's person was many months after the account reached the United States. Part of Mr. Gordon's real Estate was sold in consequence of an order of the exec­ utive Council of Pennsylvania made in the year 1790. Act of New York for granting a more effectual relief in cases of certain Trespasses—passed 17 March 1783. Act of Georgia to point out the mode for the recov­ ery of property unlawfully acquired under the British usurpation and withheld from the rightful owners and for other purposes—passed 17 February 1783. Act of New York for suspending the prosecutions therein mentioned—passed 21 March 1783. Act of New York to amend an act entitled "an act for relief against absconding and absent Debtors" and to extend the remedy of the act entitled "an act for granting a more effectual relief in cases of certain Trespasses and for other purposes therein mentioned—passed May 4 1784.

Appendix D No. 1 2 3 4

5

6 7 8 9

Act of North Carolina for establishing Courts of Law and for regulating the proceedings therein. Sect. 101— passed November sess. 1777. Act of Virginia for directing the mode of adjust­ ing and settling the payment of certain debts and con­ tracts—passed November sess. 1781. Act of Virginia to repeal so much of a former act as suspends the issuing Executions upon certain Judg­ ments until December 1783—passed May sess. 1782. Act of Virginia to amend an act entitled "an act to repeal so much of a former act as suspends the issu­ ing executions on certain judgments until December 1783"—passed Oct. sess. 1782. Act of Virginia to revive and continue the several acts of Assembly for suspending the issuing executions on certain judgments until December 1783—passed Octo­ ber sess. 1783. Act of Maryland to prevent suits on certain debts for a limited time—passed April sess. 1782. Ordinance of South Carolina respecting suits for the recovery of debts—passed 26 March 1784. Act of Connecticut relative to debts due to persons who have been and remained within the Enemy's power or lines during the late war—passed May sess. 1784. Act of Massachusetts Bay directing the Justices of the Courts of Judicature to suspend rendering judgment for any interest that might have accrued between the 19 {218]

5

10 11 12

13 14

15

16 17 18 19

20 21 22

MARCH

1792

April 1775 and the 20th January 1783 on debts due to British Subjects—passed 9 November 1784. Old Act of Maryland. Case of Thomas Harrison's representatives in the Chancery Court of Maryland. Case of Bayard and Singleton decided in North > Carolina. Act of Rhode Island to enable any Debtor in Gaol on Execution at the suit of any Creditor to tender real, or certain specific articles of personal, Estate—passed March 1786. Act of New Jersey to direct modes of proceeding on writs of fieri facias and for transferring Lands and Chattels for payment of debts—23 March 1786. Act of S. Carolina for regulating Sales under Execu­ tions and for other purposes therein mentioned—passed 12 October 1785. Act of Maryland for the settlement of public accounts and to appoint persons to collect the debts due to per­ sons convicted of treason and for a specific performance of certain contracts made by British Subjects previous to the revolution—passed November sess. 1786. Acts of Rhode Island of May and June 1775, of Jan­ uary, July and Septr. 1776, of February 1777, and of May 1786. Act of New Jersey for making Bills emitted by the act for raising a revenue of £3159.5 per annum for 25 years legal tender—passed 1st June 1786. Act of New Jersey for striking and making current £100.000 in Bills of Credit to be let out on loan—passed 26 May 1786. Act of Georgia for emitting the sum of £50.000 in Bills of Credit and for establishing a Fund for the redemption and for other purposes therein mentioned— 14 Augt. 1786. Ordinance of South Carolina respecting suits for the recovery of debts—passed 26 March 1784. Act of South Carolina to regulate the recovery and payment of debts and prohibiting the importation of negroes &c—passed 28 March 1787. Act of South Carolina to regulate the payment and recovery of debts and to prohibit the importation of Negroes for the time therein limited—passed 4 Novr. 1788.

Appendix E No. 1

Case of Wm Neate's Executors against Comfort Sands—decided in the supreme Court of New York. [219]

5 2 3 4 5

6

7 8 9

MARCH

1792

Case of Osborne against Mifflin's Executors—decided in the supreme Court of Pennsylvania. Case of Hoare against Allen—decided in the same Court. Case of Stewardson Administrator of Mildred against Dorsey decided in the general Court of Maryland. Act of Virginia for the protection and encouragement of the Commerce of nations acknowledging the inde­ pendence of the United States of America—Oct. sess. 1779. Act of Virginia to repeal part of an act for the pro­ tection and encouragement of the Commerce of nations acknowledging the independence of the United States of America—passed 31 December 1787. Act of Virginia to repeal so much of all and every act or acts of Assembly as prohibits the recovery of British Debts—passed 12 December 1787. Case of Rutgers against Wadington decided in the Mayor's Court of New York. Case of John Smith Hatfield at a Court of Oyer and Terminer held at Bergen in the State of New Jersey in August 1789.

R C ( D N A : R G 59, N L ) ; in a clerk's hand. T r (same). F C ( D N A : R G 59, S D R ) . P r C of another T r ( D L C ) .

From Tobias Lear D E A R SIR

M o n d a y E v e n i n g 5t M a r c h .92

Upon submitting the enclosed note from Mr. Bache to the Presi­ dent, he desired I would send it to you, that if you thought it right for him to be furnished with the letter wh. he requests it might be done.—Should you determine in the affirmative and not have a copy of the translation at hand, I will have a copy of the one left with the President, sent to Mr. B . The President has been informed that upon receiving the translation of the letter today in the Ho. of Representatives, a motion was made for a committee to be appointed to draft an Answer; but was dropped at that time, upon a suggestion that it might be improper for the Ho. to take it up, as it wd. undoubtedly be answered by the President.— This motion was founded upon the letter's being directed To the United States of N.A.—The President wishes you would look at the cover of the letter and see what the direction is there. The Person who brought Mr. B.'s note to me is the bearer of this to you. Thus if you should judge it proper to furnish him with a copy [220]

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of the letter he might take it with him.—With true respect & perfect esteem I am Dear Sir yr mos Ob. Sert, RC (DLC); endorsed by T J as received 5 Mch. 1792, but not recorded in S J L or SJPL. Benjamin Franklin Bache's N O T E , which apparently requested permission to publish TJ's translation of Louis XVTs letter of notification in the General Advertiser, has not been found. Although the translation was not printed in Bache's General Advertiser, it did appear in the

8 Mch. 1792 issue of Philip Freneau's National Gazette.

The reaction of the executive and legislative branches of the government to Louis XVI's official notification of his acceptance of the Constitution of 1791 reflected an incipient divergence of opinion in American politics toward the French Revolution. On 2 Mch. 1792 Jean Baptiste Ternant, the French minister to the United States, submitted Louis' 19 Sep. 1791 letter of notification to Washington, who received it with "les marques de la plus vive satisfaction" (DNA: R G 59, Ceremonial Letters; endorsed: "19 Septr. 1791, Reed. March 2. 1792, Accepts the new Constitution"; and in another hand: "King Louis the Sixteenth"; Ternant to Lessart, 13 Mch. 1792, Turner, CFM, p. 94). Since the French king's letter was addressed "à nos très chers grands amis et alliés les Etats unis de l'Amérique Septentrionale," Washington had to decide whether he should merely inform Congress of its receipt or also provide it with a translation of the letter. T J , who regarded the President alone as the intended recipient of the king's communication, advised Washington simply to send a message to Congress announcing the reception of Louis' letter. But Washington decided instead to send Congress a message as well as a translation of the letter and entrusted T J with the task of preparing both. T J thereupon drafted a brief message from the President to the Senate and the House of Representatives: "I have received a Letter from his most Christian Majesty informing me that he has accepted the Constitution presented to him in the name of his Nation,

TOBIAS L E A R .

and according to which it is henceforth to be governed. It is with pleasure I communicate to you authentic information of an event so important to that Nation and to the King himself, well knowing the friendly interest you take in whatever may promote their happiness and prosperity" (PrC in D L C ; in Henry Remsen's hand but dated by T J 5 Mch. 1792). TJ's accompanying T R A N S L A T I O N of the King's letter reads as follows: "Very dear, great friends and allies. We make it our duty to inform you that we have accepted the Constitution which has been presented to us in the name of the nation, and according to which France will be henceforth governed. We do not doubt that you take an interest in an event so important to our kingdom and to us; and it is with real pleasure we take this occasion to renew to you assurances of the sincere friendship we bear you. Whereupon we pray god to have you, very dear, great friends and allies in his just and holy keeping. Written at Paris the 19th. of September 1791.—Your good friend & ally, Louis Montmorin." (MS in CtTor; at head of text: "Translation of the king of France's letter of Sep. 19. 1791. to the President." At foot of text: "The United States of North America."). After submitting both documents to the House and the Senate on 5 Mch. 1792, Washington, who expected Congress to

take no action on them, instructed T J to draft a reply for him to the king's letter. T J drafted a letter for Washington which, while scrupulously refraining from any comment on the merits of the Constitution of 1791, congratulated the king for accepting this charter and expressed good wishes for the freedom and safety of the French monarch and the French nation. The Secretary of State deliberately avoided even the slightest hint of praise for the French Constitution because of his recognition that the President was much less sanguine than he about the course of the French Revolution. Washington signed this letter on 10 Mch. 1792 and, before dispatching

[221]

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MARCH

it to France, revealed its contents to Ter­ nant, who took pleasure in every part of it save for its failure to laud the 1791 Con­ stitution ( T J to Gouverneur Morris, 10 Mch. 1792; Memoranda of Consultations with the President, 11 Mch.-9 Apr. 1792; Ternant to Lessart, 13 Mch. 1792, Tur­ ner, CFM, p. 95; J H R , I , 527; J S , I , 404). Before it was actually sent to France, however, the letter T J drafted for the President had to be significantly altered owing to the actions of Congress. At first neither house of Congress made any response to Washington's message and the accompanying translation of the French king's letter. T h e Senate merely tabled these documents, and the House twice refused motions to deliberate on them, preferring instead to leave to the President the task of framing a suitable response to the king. But on 10 Mch. 1792— perhaps not coincidentally the same day Washington informed Ternant of the sub­ stance of his generally noncommittal reply to Louis—the House cast aside its pre­ vious restraint and took up the sub­ ject of the king's letter. Led by parti­ sans of the French Revolution, includ­ ing James Madison, the House passed a resolution expressing satisfaction with the king's notification of his acceptance of the Constitution and asking the Pres­ ident "in his answer to the said notifica­ tion, to express the sincere participation of the House in the interests of the French Nation, on this great and important event; and their wish, that the wisdom and mag­ nanimity displayed in the formation and acceptance of the constitution, may be rewarded by the most perfect attainment of its object, the permanent happiness of so great a people." It then appointed a committee to present this resolution to the President ( J H R , I , 532-4; Rutland, Madison, xiv, 250-2). Spurred on by the House's action, the Senate, whose enthusi­ asm for the French Revolution was notice­ ably more restrained, approved a resolu­ tion three days later which was much more tender of monarchical authority than the one passed by the House ( J S , i, 408-10;

1792

Eileen D . Carzo, ed. National State Papers of the United States 1789-1817, Part n . . . , Administration of George Washing­ ton, 1789-1797 . . . , 35 vols. [Wilming­ ton, Del., 1985], M I , 276-7). Washington was infuriated by the House's action. He regarded it as a flagrant example of legislative encroachment on the executive authority to conduct foreign affairs and feared that incorporating the substance of the House's resolution in his reply to the king would unduly involve the United States in the internal affairs of France. Consequently, his first incli­ nation was sternly to admonish the com­ mittee appointed by the House to meet with him that he had sent the king's let­ ter of notification to the House strictly for its information. Washington softened his stand, however, after T J advised him that support for the French Revolution was so widespread in America that few peo­ ple would view the House's action as an encroachment on presidential authority. Thus Washington notified the members of the House committee on 12 Mch. 1792 that on his orders T J had retrieved the initial response to the king from the vessel on which it had been dispatched, so that "another might be written communicat­ ing the sentiments of the House agreeably to their request" (Washington to House Committee, 12 Mch. 1792, D L C : Wash­ ington Papers, Legislative Proceedings). On the following day T J submitted to the President a revised letter to Louis X V I , which differed from the original text inso­ far as it contained a reference to the res­ olutions of the House and Senate respect­ ing royal acceptance of the French consti­ tution and enclosed copies of them. Wash­ ington signed this letter on 14 Mch. 1792, thus avoiding a clear presidential state­ ment on the course of the revolution in France (Memoranda of Consultations with the President, 11 Mch.-9 Apr. 1792; T J to Washington, 12, 13 Mch. 1792; Wash­ ington to T J , 13 Mch. 1792; Washington to Louis X V I , 14 Mch. 1792; Ternant to Lessart, 13 Mch. 1792, Turner, CFM, p. 96).

[222]

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1792

From James Madison M a r c h 5.

The enclosed papers which I have got from Mr. Beckleys office furnishes an answer to your letter. There is a Bill depending in favor of claims barred by the limitation of time—which if it passes will provide for those of Owen and Woods as I understand the tenor of the Bill and the nature of their claims. As soon as the fate of the Bill is decided I shall write to the parties. J . M. R C ( D L C ) . See Richard Bruce to T J , 12 Dec. 1791.

From George Washington [5? Mch. 1 7 9 2 ] The catalogue of complaints, enclosed, is long.—May not our loss of the Indian trade—the participation of it I mean—and the expence and losses sustain'd by the Indian War be set against Mr. H list of grievances in behalf of the B Merchants, as well as, by taking our slaves away depriving us of the means of paying debts. R C ( D L C ) ; addressed: "Mr. Jefferson"; endorsed by T J as received 6 Mch. 1792, but entry in S J P L appears to be under 5 Mch. 1792 and reads: " G . W. to T h : J . on affairs between U S . and G . B . "

From Daniel Carroll DEAR SIR

G e o r g e T o w n M a r c h 6th 1792

This is principally to acknowledge the Receipt of your favour of the 1st Instant.—Previous to the Receipt of it I had Reed, a line from Doctr. Stuart informing Me that He Shou'd See me on the 11th. Inst. We shall then take measures to have a communication with Mr. Johnson according to circumstances. I have written to that Gentn. inclosing a Copy of yours.— It gives Me much pleasure to find we Shall have the Engraved plan in circulation soon, which is not only essintial against the Next Sales but to the Object in general.—I am, Dear Sir, with great esteem & regard yr Most Obt & respectfull Hble Servt, D A N L . CARROLL R C ( D L C ) ; endorsed by T J as received 12 Mch. 1792 and so recorded in S J L .

[223]

To the Commissioners of the Federal District GENTLEMEN

Philadelphia Mar. 6. 1792.

It having been found impracticable to employ Majr. Lenfant about the federal city, in that degree of subordination which was lawful and proper, he has been notified that his services are at an end. It is now proper that he should receive the reward of his past services, and the wish that he should have no just cause of discontent suggests that it should be liberal. The President thinks of 2500. or 3000. dollars, but leaves the determination to you.—Ellicot is to go on, the week after the next, to finish laying off the plan on the ground, and surveying and platting the district. I have remonstrated with him on the excess of five dollars a day and his expences; and he has proposed striking off the latter; but this also is left to you, and to make the allowance retrospective. He is fully apprised that he is entirely under your orders, and that there will be no person employed but under your orders.— The enemies of this enterprize will take advantage of the retirement of Lenfant to trumpet an abortion of the whole. This will require double exertions to be counteracted. I inclose you the project of a loan which is agreed on, if you approve it. Your answer will be immediately expected and it is kept entirely secret, till the subscriptions are actually opened. With this money in aid of your other funds, the works may be pushed with such spirit as to evince to the world that it will not be relaxed. The immediate employment of a superintendant, of activity and intelligence equal to the nature of his functions and the public expectation becomes important. You will doubtless also consider it as necessary to advertize immediately for plans of the capitol and President's house. The sketch of an advertizement for the plan of a capitol, which Mr. Johnson had sent to the President, is now returned with some alterations, and one also for a President's house. Both of them subject to your pleasure, and when accomodated to that, if you will return them they shall be advertized here and elsewhere. The President thinks it of primary importance to press the providing as great quantities of brick, stone, lime, plank, timber &c. this year as possible. It will occur to you that the stone should be got by a skilful hand.—Knowing what will be your funds you will be able to decide which of the following works had better be undertaken for the present year. The cellars of both houses. The foundations of one, or both. Bridge over Rock creek, and the post road brought over it. [224]

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Canal. Wharves. The affair of Mr. Carrol of Duddington's house seems to call for settlement. The President thinks the most just course would be to rebuild the house in the same degree, using the same materials as far as they will go, and supplying what are destroyed or rendered unfit: so that the effect will be in fact only the removal of the house within his lot and in a position square with the streets.—Do you not think it would be expedient to take measures for importing a number of Germans and Highlanders? This need not be to such an extent as to prevent the employment of Eastern labourers which is eligible for particular reasons. If you approve of the importation of Germans, and have a good channel for it, you will use it of course. If you have no channel, I can help you to one.—Tho Roberdeau's conduct has been really blameable, yet we suppose the principal object of the arrest was to remove him off the ground. As the prosecution of him to judgment might give room to misrepresentation of the motives, perhaps you may think it not amiss to discontinue the proceedings.—You will receive herewith a packet of papers among which are several projects and estimates which have been given in by different persons, and which are handed on to you, not as by any means carrying with them any degree of approbation, but merely that if you find any thing good in them, you may convert it to some account. Some of these contain the views of Lenfant. I have the honour to be with the most perfect esteem & respect Gentlemen your most obedt. & most hble servt., TH:

JEFFERSON

a copy of L'Enfant's own plan for "Oper­ ations Intended for the Ensuing Season in the Federal City," enclosed in his to the President of 17 Jan. 1792, together with other, unidentified estimates (See Edito­ rial Note on fixing the seat of government, Vol. 20: 60, and note).

P r C ( D L C ) ; at foot of text: "Johnson Carrol and Stewart." F C ( D N A : R G 360, D L ) . T r ( D N A : R G 42, D C L B ) . The original S K E T C H of an advertise­ ment for the plan of the capítol, sent by Johnson to the President, has not been found. T h e P A C K E T O F P A P E R S included

E N C L O S U R E S

I

Contract with Samuel Blodget, Jr. Philadelphia Mar. 6. 1792. A Declaration to be made by the President That the sales of lots of public property in the town of Washington shall never be extended so far but that there shall remain and be reserved so many [225 ]

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of the said lots unsold as shall at the rate of 100. Doll, per lot be sufficient to secure the proportion of this loan not yet reimbursed, of which lots two fifths shall be South of an East and West line drawn through the President's house, and three fifths North of that line, which said reserved lots shall be a security for the said principal not yet reimbursed and all arrears of interest. On the above security it is proposed to borrow half a million of dollars 10,000 Dollars to be deposited by the contractor at the time of receiving the warrants, and to be forfeited if thefirstinstalment be not compleated according to contract. 40,000 Doll, to be paid on the day of May next 50,000 Doll, on the same day of November following and so 50,00o more every six months till the whole shall have been paid. The interest to be paid half yearly at the rate of 6. per cent per annum, to run on each payment from the time it is made, and to be reserveable out of each instalment, while there are instalments to be paid. The whole sum is to be divided into 1000 shares of 500. Doll. each. No reimbursement shall be made till the day of May 1800, after which time they may be made at such times as the borrower shall think proper, provided that no smaller sum shall be reimbursed at any one time than 25,000. dollars. All payments by either party to be made at the bank of the United states or such branch thereof as the Commissioners of the federal buildings shall chuse. This sketch is to be obligatory on Mr. Blodget, who contracts to take the whole loan, but not on the President or Commissioners, till the sd. Commissioners shall consent. Witness TH: JEFFERSON SAM. BLODGET JUNR. 1

M S ( D L C ) ; entirely in T J ' s hand, except for Blodget's signature. T r (same); also in T J ' s hand; endorsed by T J : "Mr. Blodget's agreement"; with one comment by T J not in M S (see note 1 below). P r C of T r ( D L C ) . 1

in the T r and wrote the following com­ ment at the bottom: "This was a mistake for 100,000. at the time of writing the paper and will be corrected the first time T h : J . can see Mr. Blodget. It was meant that 40. per cent should be paid every year till all should be paid."

T J placed an asterisk before this figure

II

An Advertisement for the Capitol 1

Washington in the territory of Columbia A Premium of a lot in this city to be designated by impartial judges and 500. dollars, or a Medal of that value, at the option of the party, will be given by the Commissioners of the federal buildings to the person, who before the 20th. day of July 1792 shall produce to them the most approved plan if adopted by them for a Capitol, to be erected in this city, and 500 dollars or a medal for the plan deemed next in merit to the one they shall adopt. The building to be of brick and to contain the following apartments, to wit. 2

3

4

5

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a Conference room \ sufficient to accomo- \ a room for the Representatives J date 300 persons each. these rooms to a Lobby or Antichamber to the latter. • be of full a Senate room of 1200 square feet area. elevation. an Antichamber or Lobby to the last. ' 12. rooms of 600. square feet area each for Committee rooms and clerk's offices, to be of half the elevation of the former. Drawings will be expected of the ground plats, elevations of each front, and sections thro the building in such directions as may be necessary to explain the internal structure; and an Estimate of the Cubic feet of brickwork composing the whole mass of the walls. T H E COMMISSIONERS. P r C of 2 Dft ( D L C ) ; entirely in T J ' s hand. Dft (same); partially edited as in 2 Dft; endorsed by T J : "Federal buildings. Copy of paper I gave to the Presidi. & to the Commrs. in 1791." On verso in T J ' s hand is detailed outline of "Idea of the public buildings to be erected at the Federal seat," containing suggestions for rooms for the capítol, the courthouse, and the President's house, and possibly com­ posed at the time T J prepared drawings for the announced competition. Another, more elaborate copy of these ideas" in T J ' s hand is also with the Dft. T r (same); in a clerk's hand, dated 14 Mch. 1792, with date of submission deadline as 15 July instead of 20 July. See textual notes below. 4t

1

T J first entitled this "Plan of an adver­ tisement," but crossed through that head­ ing and replaced it with the above. T h e drafts first read "A Premium of 500. dollars" but the sentence was altered to include the lot as well. Blanks were originally left here to be filled in after the Commissioners conferred. T h e final date of 15 July was settled upon, however (See note 1 to enclosure m below). Preceding four words inserted above line. Originally "the above city of the said territory", but then altered to read as above and the remainder of the sentence inserted above the line. 2

3

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5

Ill

An Advertisement for the President's House Washington in the Territory of Columbia. A Premium of 500 dollars, or a Medal of that value, at the option of the party, will be given by the Commissioners of the federal buildings to the person who before the 20th. day of July next shall produce to them the most approved plan if adopted by them for a President's house to be erected in this city. The site of the building, if the artist will attend to it, will of course influence the aspect and outline of his plan, and it's destination will point out to him the number, size and distribution of the apartments. It will be a recommendation of any plan if the central part of it may be detached and erected for the present, with the appearance of a complete whole, and be capable of admitting the additional parts in future if they shall be wanting. Drawings will be expected of the ground plats, elevations of each front, and sections thro' the building in such directions as may be necessary to explain the internal structure; and an Estimate of the Cubic feet of brickwork composing the whole mass of the 1

2

3

4

5

6

walls.

T H E COMMISSIONERS

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Dft ( D L C ) ; entirely in T J ' s hand, with pencilled note at bottom: "Will the Presi­ dent be pleased to make the above what he thinks it should be?" Washington added his reply in pencil: "I see noth­ ing wanting but to fill the blanks and that I presume the Comrs. will do— unless, after the words 'destination of the building' is added 'and situation of the ground' for I think particular situation wd. require parir, kind or shaped buildings"; prepared after Washington examined the document but before submission to the Commissioners. See textual notes below. P r C ( D L C ) . T r ( D L C ) ; in a clerk's hand, dated 14 Mch. 1792; date of deadline is 15 July instead of 20 July. 1

T J added the day and month sug­ gested by the Commissioners although it was revised to 15 July after consultation with Andrew Ellicott (Commissioners to T J , 14 Mch. 1792; T J to Commissioners,

1792

21 Mch. 1792). T h e preceding four words were inserted above the line after Washington examined the draft but before submission to the Commissioners. T h e text originally read "the city of Washington and territory of Columbia," but T J placed this at the top and altered the sentence to read as above. This sentence originally began "The destination of the building", but was altered to read as above after the Presi­ dent expressed concern about the siting of buildings. This clause originally read "and the other parts to be added." Judging from the P r C of this doc­ ument, T J ended his first draft at this point, adding the remaining sentence and the signature after showing it to George Washington and making the revisions described in notes 1-5. 2

3

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6

From Alexander Hamilton SIR Treasury Department March 6th. 1 7 9 2 In consequence of the application of Mr. Andw. Ellicot, I have the honor to transmit you the Official copy of the Survey of the tract of Land purchased by the State of Pennsylvania from the United States. As I conceive this as an original paper filed of record in this Office in the Execution of an Act of the Legislature, I must ask the favor of your returning it to the Treasury as soon as you shall have caused a copy of it to be made.—I have the honor to be very respectfully Sir, your most obedt Servant, ALEXANDER HAMILTON 1

R C ( D L C ) ; in clerk's hand except for signature and two words in complimen­ tary close (see note 1); endorsed by T J as received 6 Mch. 1792 and so recorded in

SJL. 1

Previous Hamilton.

two

words

added

by

From David Humphreys Lisbon, 6 Mch. 1792. A Spanish the Compte de Florida Blanca is out of been appointed his successor. He does occurred or what caused them, but he

courier has just brought news that office and the Compte d'Aranda has not know what other changes have believes these changes are favorable

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for the U.S. with respect to navigation of the Mississippi. I have often heard Mr. Carmichael say, 'that, if the Compte de Florida Blanca would not finally consent to our having the free Navigation of that River, he knew effectual measures might be used for removing him from office; and that he would spare no pains to carry them into effect.' " He anxiously awaits further news, especially since these changes indicate a badly needed new general policy. He wrote to Carmichael last week by the secretary of the British embassy in Madrid, Mr. Jackson, and he hopes to receive a reply soon. There has been no material change in the Queen's condition since his letter of 14 Feb. last. According to Pinto de Sousa Coutinho, the Queen's disorder began last August. She has been unnaturally gloomy and reluctant to transact business but is now uncommonly giddy. Whether Dr. Willis will come is still uncertain. The entire kingdom wishes for the Queen's recovery.— The Prince of Brazil has assumed the office of regent at the direct request of the Council of State and after eighteen physicians pronounced the Queen unfit to govern. The Prince has made no changes in government and his right to act as regent has not been questioned.— An American sailor of Irish birth has been murdered by an Irishman at a drinking house in Lisbon. Although two sailors have been detained as witnesses, he doubts that the murderer will be apprehended. "P.S. I have this moment conversed with a Person, who has seen the Decree which respects the change of Ministry in Spain. The expressions made use of in dismissing the Compte de Florida Blanca, soften the matter somewhat. But I am informed from another quarter, that when the Compte retired to his Estates (for which he had permission as a release from the fatigue of business) he had actually an Officer put into the Carriage to attend him. None of the Diplomatic Corps here, pretend to develope the immediate causes of his disgrace." R C ( D N A : R G 59, D D ) ; 5 p.; at head of text: "(No. 47)"; at foot of text: "The Secretary of State"; endorsed by T J as received 27 Apr. 1792 and so recorded in S J L . T r (same).

To Robert R. Livingston D E A R SIR

Philadelphia M a r . 6. 1792.

The bearer hereof Mr. Ciracchi, a very celebrated sculptor from Rome, proposing to go to New York to explain the device of a monu­ ment which he proposes to erect for the United states, I take the liberty of recommending him to your advice and good offices. Independantly of his talents as an artist, you will find him a man of very superior worth; and your attentions to him will be acknoleged as obligations on Dear Sir Your most obedient & most humble servt, TH: JEFFERSON P r C ( D L C ) ; at foot of text: "The Honble. Chancellor Livingston." On a visit to the United States in 17911792, Joseph Ceracchi announced plans

to sculpt a M O N U M E N T "perpetuating the Memory of the American Revolution" that would incorporate the "equestrian stat­ ue" of George Washington authorized by Congress in 1783. In the fall of 1791,

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he petitioned Congress to underwrite his expenses for the project, but declined any outright fee and offered to raise private funds for the proposed project. Backed by his election to membership in the Ameri­ can Philosophical Society in January 1792 and letters of introduction from both T J and Alexander Hamilton, he set out in March for New York to solicit subscrip­ tions for his proposed undertaking (Copy of Memorial to Congress enclosed with Ceracchi to Washington, 31 Oct. 1791, along with description of proposed mon­ ument, D L C : Washington Papers; Syrett, Hamilton, xi, 111-12; New York Journal and Weekly Register, 11 Feb. 1792; Edito­ rial Note on fixing the seat of government, Vol. 20: 66n). T J attempted to aid Ceracchi in other ways. T h e artist sculpted busts of T J as well as Washington, Hamilton, and other government leaders. Moreover, T J attempted to persuade the Federal District Commissioners to take on the equestrian

1792

statue project, and also drafted a note for Washington, returning to Ceracchi two "very elegant figures" (copies of busts of Bacchus and Ariadne) that the sculptor had given the President. T h e note stated that "uniformity of conduct in these cases" called for the return of gifts, but that return did not diminish "the high sense he [the President] entertains of his [Ceracchi's] talents and merits." (Washington to Ceracchi, 12 Mch. 1792; P r C in D L C ; entirely in T J ' s hand, headed: "Sketch of Note to Mr. Gracchi."). Washington did not send this letter to Cerrachi until 10 May. See T J to Commissioners, 9 and 11 Apr. 1792, and Commissioners to T J , 11 and 14 Apr. 1792. On 7 May the House of Repre­ sentatives, after initially approving Ceracchi's memorial, reversed itself and decided against funding the proposed monument ( J H R , i, 602). T h e Congress adjourned the next day.

Memorandum on Deed of Lormerie 7 Mch. 1792 [Jan. 15, 1792. Mr. Madison's?] recollection on the subject of Mr. de Lormerie's lands is very imperfect. He remembers that M . de Crevecoeur spoke with him at New York and enquired the measures necessary to get M . de Lormerie's deed recorded. He supposes he gave him the proper information tho' he does not particularly recollect it. He thinks he had nothing more to do in the transaction. Mr. Brown says he was present once when M . de Crevecoeur consulted Mr. Madison and himself, and that they concurred in informing him that the deed should be forwarded to be recorded either in the county court where the lands lay, or in the office of the General court of Virginia at Richmond: that he offered to take copies of the papers to carry to Kentuckey, in order to enquire into the title and quality of the lands, and being furnished with these papers, he carried them to Kentuckey and asked the favor of Mr. Brackenridge, surveyor of the county where the lands lay, to examine into the title; which he accordingly did and gave the certificate of Feb. 7. 1788. which certificate and copies of the papers he delivered to Mr. Crevecoeur on his return to New York in 1789. He recollects that Mr. Brackenridge informed him further verbally, that before Barbour, agent for Banks, took up the lands, there had been a great number of small detached entries made in different [230]

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parts, to which [no regard was paid by] Barbour, who covered the whole by his great [....] This is the circumstance which occasioned Mr. Brackenridge to say that the title was doubtful. However Mr. Brown observes that Brackenridge and himself found on examining the course and distances of the deed to M . de Lormerie that they contain upwards of 20,000 acres: consequently though there should be some better titles to certain parts within them, there may yet be so much clear as will make up M . de Lormerie's quantity. Mar. 7. 1792. Monsieur Robert now calls on me and shews me the copy of the original deed, which was authenticated before the Prevot of Paris, and also before myself, and which, had it been sent to the proper court in time in Virginia, would have been good. He shews me also Mr. Madison's answer to Monsr. de Crevecoeur, which was perfectly accurate, viz, that the deed should be presented within 18. months after it's date to the county or district court of the state to be recorded. This not having been done, the question is, which can now be done?— Monsr. de Lormerie should endeavour to get his deed executed anew, and authenticated, before the chief civil officer of the town where it shall be executed and forwarded to Virginia within time to be recorded, and in the mean time his agent here should bring a suit in Chancery against the vendors to compel them to make a new title, and prevent their conveying to others. Should they plead alienage in M . de Lormerie, and should that plea prevail, the bill should go on to pray a repayment of his money and damages, and in the meanwhile that the court should hold the lands sequestered as a security for the demand.

TH: JEFFERSON

P r C (ViW); several words illegible. In 1787 the Chevalier de Lormerie pur­ chased over 5,000 acres of land in Jeffer­ son Co., K y . , from the Parisian agent of Henry B A N K S of Virginia. T J witnessed the deed of sale and in 1789 James Mad­ ison provided Crevecoeur, then serving as French consul in New York, with infor­ mation as to how to record the deed under Virginia law ( T J to Richard Claiborne, 1 July 1787; Edmund Randolph to Madi­ son, 19 May 1789, Rutland, Madison, xii,

167-8; Madison to Edmund Randolph, 31 May 1789, same, p. 189). Lormerie's fail­ ure to have the deed properly recorded in Virginia brought him into conflict with Philip B A R B O U R , a substantial landholder in Jefferson Co. who laid claim to the same land. Although the details are obscure, it appears that Lormerie eventually estab­ lished title to the disputed land (Samuel Emlen, J r . to Madison, 17 Aug. 1792, same, xiv, 353; Lormerie to T J , 29 May 1801).

To Jean Baptiste Ternant SIR Philadelphia Mar. 7. 1792. I have laid before the President of the U . S . your letter of the 3d. inst. asking a supply of four hundred thousand dollars on account of [231]

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reimbursements due from us to France, to be applied to relieve the distresses of the colony of St. Domingo. In regretting extremely the cause of this necessity, I have to assure you that the President feels every disposition which the occasion is calculated to inspire, to do whatever we can for the relief of that colony, and that he hopes your demand may be complied with, under such arrangements as may be mutually convenient and agreeable. For the settlement of these I take the liberty of referring you to direct conferences with the Secretary of the treasury, which may shorten the business, and save a delay equivalent perhaps in the present case to a denial. I have the honor to be with the most perfect esteem & respect Sir Your most obedient & most humble servt., TH: JEFFERSON P r C ( D L C ) ; at foot of text: "The Min­ ister P. of France." F C ( D N A : R G 360, DL). Ternant promptly followed T J ' s advice and on the following day wrote a let­ ter to Hamilton in which he enclosed a copy of the above letter and reiterated his request for an advance of $400,000 on the American debt to France. Dur­ ing a conference with Ternant on that day Hamilton was initially reluctant to comply with this request, pointing out that the United States had already made its regularly scheduled debt payments to France. But Hamilton relented after Ter­ nant convinced him of Saint-Domingue's desperate need for these funds and agreed to make the advance in four installments of $100,000 each, the first to be paid immediately and the rest at three month intervals beginning on 1 June and end­

ing on 1 Dec. 1792. In accordance with an act of Congress which required that advance payments on the French debt be made on terms advantageous to the United States, however, Hamilton also insisted that France pay an indemnity to cover the cost of transferring these funds from the American bankers in Amsterdam. In the end Hamilton and Ternant mutu­ ally agreed to make the precise terms of the indemnity the subject of nego­ tiation between the French government and the American minister in Paris, and T J instructed Gouverneur Morris accord­ ingly (Ternant to Hamilton, 8, 10 Mch. 1792; Hamilton to Ternant, 8, 11, 12 Mch. 1792; Hamilton to Washington, 8 Mch. 1792, all in Syrett, Hamilton, xi, 113-17, 122-3, 125, 128; Ternant to Lessart, 13 Mch. 1792, Turner, CFM, p. 89-93; T J to Gouverneur Morris, 28 Apr. 1792).

From José de Jaudenes and José Ignacio de Viar SIR Philadelphia 7th. March 1792 We have the honor to acknowledge the Receipt of your letter of the 4th. Inst, in reply whereof, and to justify the proceedings of the Government of the Havanas, respecting to Mr. Pollock's property; permit us to observe that we consider the Measures taken at that period to be of no other Nature, than those which your, and any other civilized Government would have adopted in the same Circumstances, the particulars of which must be well known to you, to Require any Repetion. [232]

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The Subject having changed the aspect at present, in consequence of the final arrangements made between Mr. Pollock, and ourselves, it will enable us to State the Case to the Government of the Havanas, recommending the shortest, and most satisfactory Conclusion of the affair in question, which could be found more consistent with Justice, and good understanding. We shall always feel happy in having frequent opportunities of show­ ing our perfect disposition to preserve both inviolated on our part, and to evince you of the very great esteem, and Respect with which we have the honor to be Sir, Your most obt. and most humble Servts, JOSEPH IGNATS. VIAR JOSEPH D E JAUDENES R C ( D N A : R G 59, N L ) . Recorded in S J L as received 7 Mch. 1792.

To George Washington SIR Philadelphia March 7th: 1792. Immediately on the passage of the Act providing the means of inter­ course between the United States and foreign Nations, I desired the Bankers of the United States in Amsterdam to raise an Account with the Secretary of State of the United States to be confined to the Objects of that Act, and requested them and our Ministers abroad to make up their Accounts from July to July annually, and furnish me with them, that I might enable you to lay before Congress, regularly, the Account of those expenditures, which the Law requires. It was not till yester­ day that I received the General Account of the Bankers for the 1st: Year, by a vessel from Amsterdam, which seems to have had four or five months passage: nor have I yet been able to get all the particular accounts which would be necessary to give a satisfactory view of this branch of expenditure. I therefore, for the present, enclose the General Account only, expressing this caution that the Balance therein stated is only that which had not yet been drawn out of their hands, though, at that moment, there were existing demands for a great part of it. I have reason to be tolerably confident that the measures for having the particular, as well as the General Account kept and forwarded to me regularly, will, in the course of this second year, get so far into effect, as that I may be sure of enabling you at the next session of Congress to lay before them a complete Statement of the application of this fund, general and special, to the 1st: of July next ensuing; and when once under regular way, the annual communication to the Legislature may be afterwards constantly made.—I have the honor to be, with the most [233]

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profound respect and attachment, Sir, Your most obedient and most humble Servant, TH: JEFFERSON P r C ( D L C ) ; in clerk's hand, except for signature. F C ( D N A : R G 360, D L ) . Entry in S J P L reads: "message with the banker's acct. as to foreign intercourse. T h : J . to G . W. Ire. on same subject." Enclosure: T J ' s account as Secretary of State with Willink, Van Staphorst & Hub­ bard, 1 July 1790 and 1791. This account was transmitted to T J with the bankers'

letter of 24 Oct. 1791, and is printed at that date. On 9 Mch. 1792 Washington submitted to the Congress, with a cover­ ing note, T J ' s letter of 7 Mch., the letter from the bankers of 24 Oct. 1791, and the enclosed account ( F C in D L C : Wash­ ington Papers; T r of Washington's cover­ ing note in D L C ) .

To George Washington Mar. 7. 1792. T h : Jefferson presents his respects to the President and sends him his report on the subject of commerce with Spain, and the form of a message to the Senate. A second copy is now making out for the President's own use, so that he may send in the one now inclosed to­ day, assured of receiving the other the moment it is finished. R C ( D N A : R G 59, M L R ) ; endorsed by Lear. T r (same, S D C ) . The enclosed

REPORT ON T H E

SUBJECT

consisting of Part in of the longer report T J had been preparing for the President and had sub­ mitted to Hamilton for comments, is fully described in textual notes 18-26 to the Report on Negotiations with Spain, 18 Mch. 1792. See also note 3 at Hamilton's OF

COMMERCE

WITH

SPAIN,

Notes on Report of Instructions for the Commissioners to Spain, with Jefferson's Comments, 1-5 Mch. 1792. Washington immediately submitted T J ' s report and covering M E S S A G E to the Senate, which consented on 16 Mch. to the extension of the powers of the commissioners in antici­ pation of a treaty with Spain (Trs of Sen­ ate resolution in D L C : T J Papers, 72: 12486, and D N A : R G 59, S D C ; J E P , I , 106-10, 115).

From George Washington [7 Mch. 1792] The enclosed, sent for Mr. Jeffersons perusal, corrobates the idea held out in the communication of Mr. H _ _ d . G . W. Extract from Kirkland's letter, dated Kanandaiqua Feb. 25. 1792. 'The British at Niagara, hold out this idea, that the U . S . will not be able to refund the confiscated tory estates. Therefore a new boundary line must be made betwixt the two powers, and that this line will probably be from the Genesee to the Ohio, and that their Ambassedor [234]

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Mr. Hammond is sent over to negocíate the business. This is talked of as a serious matter at the garrison and it's vicinity.' R C ( D L C ) ; endorsed by T J as received 7 Mch. 1792 and recorded in S J P L , in which the entry reads: " G . W. to T h : J . with Kirkland's letter on the British views"; that part of text following Wash­ ington's initials is in T J ' s hand, being extracted from the enclosure and tran­ scribed at the bottom of text. Washington must have construed George Hammond's recent proposal to make Article V I I of the Treaty of Paris, which required the British to evacuate the western posts they held in American ter­ ritory, a subject of negotiation between the British and American governments as the prelude to an effort to secure a revi­ sion of the boundary line between the United States and Canada (see Hammond

to T J , 5 Mch. 1792). T h e British min­ ister did discuss the possibility of altering the line of demarcation between the West­ ern tribes and the United States with an aide to the lieutenant-governor of Upper Canada at about this time, but he did not receive formal authorization to raise the issue until the end of May 1792 (Charles Stevenson to John Graves Simcoe, 5 Apr. 1792, The Correspondence of Lieut. Gover­ nor John Graves Simcoe, ed. E . A . Cruikshank, 5 vols. [Toronto, 1923-1931], i , 128; Grenville to Hammond, 17 Mch. 1792, Mayo, British Ministers, p. 25-7). The Rev. Samuel Kirkland was a mis­ sionary among the Oneidas, the full text of whose 25 Feb. 1792 letter has not been found ( D A B ) .

To Thomas FitzSimons Mar. 8. 92. T h : Jefferson presents his compliments to Mr. Fitzsimmons, and returns Mr. Greene's memorial, submitting some alterations to him. He takes for granted Mr. Greene will accompany it with the best vouchers the nature of every fact will admit, such as authentic copies of records where a matter of record is complained of &c. This will be necessary for us, that we may not commit ourselves in a contest which will draw attention, and afterwards find the facts slip from under us, and it will be necessary at the British court to support the claims. The proofs of Mr. Greene's citizenship should be furnished, separate from the other papers, and only to be used if they advance against that fact. T h : J . again presses on Mr. Fitzsimmons attention to the Consular bill on which he receives constant complaints under the head of the faith of the U . S . pledged by the Consular Convention. P r C ( D L C ) . F C ( D N A : R G 360, D L ) . For a full account of the background of William Green's quest for compensa­ tion for damages arising from the lengthy

detention of his brigantine Rachel by the British in 1790, see Editorial Note and group of documents on the American Con­ sul in London, at 23 May 1791.

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To Elizabeth Hylton Mar. 8. 1792. T h : Jefferson presents his compliments to Miss Hylton, and by the directions of Mr. Hylton incloses her the within note which will be paid by any collector of the customs of the United States. The sum sixteen dollars and a half. P r C (MHi).

To Thomas Johnson D E A R SIR Philadelphia Mar. 8. 1792. I received your favor of Feb. 29. the day after I had written a public letter to the Commissioners, which touched on some of the subjects of yours. I may say in this private letter what could not be so well said in a public one, that there never was a moment's doubt about parting with Major Lenfant rather than with a single commissioner.—I must correct an error in my public letter. I said there that the engraving would be done in three or four weeks: this idea had been given, but on further enquiry I find we cannot have it these two months.—You formerly hinted the expediency of bringing the navigable canal from the little falls down to Washington. The President thinks the practicability of this should be properly examined into, as it would undoubtedly be useful. In my public letter, I sent you the outlines of a proposed loan. I now inclose you a calculation, somewhat on the plan of yours. I think there is no doubt but that the lots will sell better after the employment of the money than before it. Consequently that it is better to raise money by a loan, and to sell for repayment after that money shall have been employed to raise the value of what is to be sold:—the mortgage on this plan is put on the best footing possible. No doubt it will be well to be making sales for repayment as fast as they may be advantageously made, even before the lapse of the eight years.—We have questioned Mr. Ellicot very particularly whether the plan now in hand is exact. He says the original one mixed conjecture with fact: but that the conjectural parts are since ascertained by exact survey, and that this plan is corrected from the survey, and may be relied on to the utmost minuteness. We see in fact that some whole squares of lots in the original plan are occupied by the channel of the creek in the [236]

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corrected one.—I fear your other apprehension is better founded; to wit, that the avenues are made to converge to the ends of a building of supposed extent, that the building may very probably be of less extent, and consequently not reach the points of view created for it's use. I believe the only remedy is acquiescence for the present, and hope for the future that our building may extend with the fortunes of our government.—The angular buildings at the commencement of the avenues, may probably be offensive to the eye, if not well managed. I have seen this deformity obviated by terminating the house at that end with a bow-window, with a semi-circular portico, and with other fancies.—Should not rows of trees in the avenues and streets be an object of early attention?—Majr. Lenfant had no plans prepared for the Capitol or government house. He said he had them in his head. I do not believe he will produce them for concurrence.—On speaking with the President on Mr. Stewart of Baltimore's idea, of facing the buildings with stone of different colours, he seemed rather to question whether from the water-table, perhaps from the ground upwards, brick facings with stone ornaments would not have a better effect, but he does not decide this. The remains of antiquity in Europe prove brick more durable than stone. The Roman brick appears in these remains to have been 22. inches long, 111. wide and 2 I . or 2-^- I . thick. The grain is as fine as that of our best earthen ware.—Before I conclude, I will mention that in bringing the canal from the little falls into the city, it is worth while to consider whether it should not be delivered into the canal of the Tyber, to ensure the due cleansing of that by it's current.—I am with great & sincere esteem Dear Sir Your friend & servt.,

TH: JEFFERSON

P.S. You seem to suppose the Commissioners liable in their private fortunes on the plan of the loan you had seen. Ours is certainly clear of that, in it's plan. Nothing could make the commissioners liable but fraud, or such gross negligence as is as impossible as fraud; and then I presume it could only be each for his own individual act. PrC (DLC). The P L A N N O W I N H A N D was the "small draft," usually designated the L'Enfant plan of 1791 (Editorial Note on fixing the seat of government, Vol. 20: 57).

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E N C L O S U R E

Calculation of Payment Schedule for Federal District Loan

Dates of instal­ ments 1792. May Nov. 1793. May Nov. 1794. May Nov. 1795. May Nov. 1796. May Nov. 1797. May Nov. 1798. May Nov. 1799. May Nov. 1800. May

15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15

Amount of each in­ stalment

Aggregate sum the interest of which is to be deducted from each payment

Amount of the in­ terest to be de­ ducted from each instal­ ment

Dollars 50,000 50,000 100,000 100,000 100,000 100,000

50,000 100,000 200,000 300,000 400,000

1,500 3 000 6 000 9 000 12 000

500,000

Sum actu­ ally re­ ceived by the bor­ rowers

Sums of in­ terest to be paid by sales or otherwise

50,000 48,500 97,000 94,000 91,000 88,000

468,500 +

15,000 15,000 15,000 15,000 15,000 15,000 15,000 15,000 15,000 15,000 15,000 165,000 =

It appears from the above that the Commissioners will receive 468500 dollars, and have to pay after 4 considerable intervals 665,000. dollars, now 468,000 : 665,000 :: 100 : 142. that is, for every 100.D. they receive, they will have to pay in the long run 142.D. but we may certainly hope that the effect of the 468,000 dollars, if judiciously employed, will be to raise the value of the lots more than 42 percent. Suppose the interest, after 1794. is kept down by the sale of lots to raise it. D. 100 lots a year at 300.D. each will pay the annual interest of 30,000 say 550.1ots. 1666. do.at 300.D. will pay the principal500,000 1666 The whole loan then will absorbfrombeginning to end (@ 300.D.) 2216 lots. PrC (DLC).

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From David Meade Randolph D E A R SIR Richmond 8th March 1792 I have at length had an opportunity to examine the deranged books of my deceased father, and am sorry to find them so much destroyed as to put it out of my power to give that information which you required. I have found an index to some ledger, wherein is inserted Jefferson Peter, folio 192, and immediatly in the next line, Ditto.— do. 10—but can not find the Ledger to which it pertains. In a regular set of books which have been preserved, there does not appear any such Acct. neither any transaction with Dr. Thos. Walker. Shou'd any thing relative to either appear in the course of my further examination, the same shall be communicated to you forthwith.—You may possibly trace the transaction thro' some other connexion whereby it may be found upon my father's books—to obtain which your Memorandum shall be pointedly attended to by your obliged Hume. Sert., D M RANDOLPH RC (MHi); endorsed by T J as received 16 Mch. 1792 and so recorded in S J L .

From George Washington D E A R SIR

Thursday Morning [8 Mch.

1792]

I do not recollect whether any notice has been taken in your letter to the Commrs. of Mr. Johnsons suggestion of bringing the Canal navigation to the City. The ascertainment of the practicability ought by all means to be encouraged.—Yours, GW RC (DLC); addressed: "Mr. Jefferson"; endorsed by T J as received 7 Mch. 1792 and recorded under that date in SJPL. The error in date was probably TJ's; Thursday occurred on 8 Mch. 1792.

Memorandum of Consultation on Indian Policy [1]792. Mar. 9. A Consultation at O Present H[amilton] K[nox] and J[efferson]. 1. Subject. Kirkland's letter. British idea of a new line from Genesee to Ohio. See extract on another paper. [239]

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1792

Deputation of 6. nations now on their way here. Their dispositions doubtful. Street, a Connecticut man, a great scoundrel coming with them. -J- of the nation agt. us. Other -J- qu. Agreed they should be well treated, but not overtrusted. Pond's report. Stedman's report. These two persons had been to Niagara, where they had much conversation with Colo. Gordon, com­ manding officer. He said he had relation of St. Clair's defeat from a sensible Indian who assured him the Indians had 50. killed and 150. wounded. They were commanded by Simon Girthy, a renegado white from Virga. or Pensva. He said the Indians were right, that we should find them a powerful enemy. They were improving in war. Did you ever before hear, says he of Indians being rallied 3. times? (This ral­ lying was nothing more than the returns on the 3 charges with bayo­ nets made by our troops, which produced a correspondent retirement of the Indians but not a flight.) That we should never have peace of the Indians but thro' the mediation of Britain. That Britain must appoint one Commissioner, the U.S. one, the Indians one: a line must be drawn, and Britain guarantee the line and peace. Pond says the British have a project of settling 1000 families at the Illinois. That Capt. Stevenson, who was here some time ago, and who came over with Govr. Simcoe, was sent here to Hammond to confer about these matters. [Stevenson staid here 5. days and we know was constantly with Hammond.] Colo. Gordon refused to let Pond and Stedman go on. They pretended private business, but in reality had been sent by the President to propose peace to the North Western Indians. H[amilton] doubts Pond's truth and his fidelity, as he talks of a close intimacy with Colo. Gordon. J[efferson] observes that whether Pond be faithful or false, his facts are probable, because not of a nature to be designedly communicated if false. Besides they are supported in many points from other quarters. It seems that the English exercise jurisdiction over all the country South of the Genisee, and their idea appears, to have a new line along that river, then along the Allegeney to Fort Pitt, thence due West or perhaps along the Indian lines to the Missisipi, to give them access to the Missi. H[amilton] here mentioned that Hammond in a conversation with him had spoke of settling our incertain boundary from the lake of the wood due West to the Missi, by substituting from the lake of the wood in a streight line to the head of the Missi. Agreed una voce never to admit British mediation. H[amilton] proposed that a summary statement of all the facts we are possessed of relative to the aid by the British to the Indians be made and delivered to Pinkney to form a representation on it to the Court of London. 1

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J[efferson] observed it would be proper to possess Mr. Pinkney of all facts, that he must at all times be able to meet the British Minister in conversation, but that whether he should make a representation or not, in form, depended on another question. Whether it is better to keep the négociation here, or transfer it there? For that certainly any proceeding there would slacken those here, and put it in their power gradually to render them the principal. The President was of opinion the négociation should be kept here by all means. Shall any thing be said here to Hammond.—J[efferson]. No. There is no doubt but the aids given by subordinate officers are with secret approbation of their court. A feeble complaint to Hammond then will not change their conduct, and yet will humiliate us. Qu. proposed by President. Shall a person be sent to the N . West­ ern Indians by the way of Fort Pitt and Vincennes to propose peace? K[nox] observed that such a person could at this season be at Vin­ cennes in 25. days and recommended one Trueman, and that he should from Ft. Washington take some of the Indian prisoners as safeguard.— Agreed nem. con. but the person to be further considered of. Qu. Shall a 2d. deputation be procured from the Indians now expected here, to go to same place on same object. H[amilton]. No. It will shew too much earnestness. Jfefferson]. No for same reason, and because 2 deputations indépendant of each other might counterwork each other. President]. No for the last reason. J[efferson] proposed taking a small post at Presque isle. 1. To cut off communication between 6. nations and Western Indians. 2. To vindi­ cate our right by possession. 3. To be able to begin a naval preparation. Hfamilton] contra. It will certainly be attacked by England and bring on war. We are not in a condition to go to war.—K[nox] as usual with H[amilton].—Pr[esident]. Whenever we take post at Presq. isle it must be by going in great force, so as to establish ourselves completely before an attack can be made, and with workmen and all materials to create a fleet instanter: and he verily believes it will come to that. Brant says he has resigned his English commission and means to become entirely an Indian and wishes to head and unite all the Indians in a body. The Pr[esident]'s answer to St. Clair's letter of resignation considered. It was drawn by Knox. The passage was now omitted to which I objected in my note to the President of Mar. 2. K[nox] wished to insert something like an approbation of all his conduct by the President].—I said if the President] approved all his conduct it would be right to say so.— President] said he had always disapproved of two things 1. the want of information 2. not keeping his army in such a position always to be able to display them in a line behind trees 2

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in the Indian manner at any moment.—K[nox] acquiesced, and the letter was altered to avoid touching on any thing relative to the action, unless St. Clair should chuse to retain a clause acknowleging his zeal that day. The future commander talked of. President] went over all the characters, viz Morgan. No head. Health gone. Speculator. Wayne. Brave and nothing else. Deserves credit for Stony Point but on another occasion run his head against a wall where success was both impossible and useless. Irwin. Does not know him. Has formed a midling opinion of him. H[amilton]. He never distinguished himself. All that he did during war was to avoid any censure of any kind. Wilkinson. Brave, enterprising to excess, but many unapprovable points in his character. Lee. A better head and more resource than any of them. But no economy, and being a junior officer, we should lose benefit of good seniors who would not serve under him. Pinkney. Sensible. Tactician. But immersed in business. Has refused other appointments and probably will refuse this or accept with reluctance. Pickings. Geni. Pinkney recommends him for Southern command if necessary. Sensible, modest, enterprising, and judicious. Yet doubt­ ful if he is equal to command of 5000. men. Would be an untried undertaking for him. J[efferson] mentioned Sumpter. K[nox] intimated he must be com­ mander in chief or nothing. Incapable of subordination. Nothing concluded. Qu. proposed. Shall we use Indians against Indians and particularly shall we invite the 6. nations to join us. K[nox] agreed there were but 36. of them who joined the enemy last year, and that we could not count on more than the Cornplanter and 200 to join us. J[efferson] against employing Indians.—Dishonorable policy—he had rather let 36. take the other side than have 200. on ours. H[amilton] disliked employing them. No dépendance—barbarians, treach[erous] K[nox] for employing 500. President]. They must be employed with us or they will be against us. Perhaps immaterial as to 6. nations but material as to Southern. He would use them to scour round the army at a distance. No small parties of enemy could approach thro[ugh] them to discover our movements. He would notwithstanding take same precautions by our own men, for fear of infidelity.—Expensive, discontented, 3

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insubordinate. Conclusion. They shall not be invited, but to be told that if they cannot restrain their young men from taking one side or the other, we will recieve and employ them. M S ( D L C ) ; entirely in T J ' s hand; at foot of text: "written this 10th. of Mar. 92." Entry in S J P L reads: "Notes of con­ sultation on our affairs with G r . B r . in the North, on our war and conferences with Indians—characters of General officers." Included in the "Anas." Samuel Kirkland's report that the British favored a N E W U N E between Canada and the United States induced Washington to summon the cabinet to meet this day to discuss the administra­ tion's policy of striving for a peaceful resolution of the conflict with the West­ ern tribes while at the same time prepar­ ing for a resumption of hostilities in the event this effort failed (Washington to T J , 7 Mch. 1792). Captain Peter Pond and William Steedman had been instructed by Henry Knox to repair to Detroit via Nia­ gara under the guise of Indian traders and there persuade the Miami and the Wabash to send some chiefs to Philadelphia for peace talks—a mission that was thwarted by the British commandant at Niagara (Knox to Pond and Steedman, 9 Jan. 1792, A S P Indian Affairs, I , 227). Knox had also invited a deputation of Seneca chiefs and the Mohawk chieftain Joseph B R A N T to Philadelphia to confer about the Indian war in the Northwest Territory. The Sénecas arrived in the capital city in the middle of March and Brant near the end of June 1792. After consulting with them, the President and the Secretary of War reversed the stand they had taken during this cabinet meeting and decided to employ both to convey American peace terms to the Western Indians (Knox to the Sénecas, 7 Jan., 10 Feb. 1792, and to Brant, 25 Feb., 27 June 1792, same, p. 226, 228, 236-7; Isabel T . Kelsay, Joseph Brant 1743-1807: Man of Two Worlds [Syracuse, 1984], p. 458-73). In addi­ tion, Knox subsequently dispatched Cap­ tain Alexander T R U E M A N on a similar mis­ sion to the Western tribes in conflict with the United States (Knox to Trueman, 3 Apr. 1792, A S P , Indian Affairs, i, 2278). Samuel S T R E E T was a Connecticut-

born merchant who had remained loyal to the British during the American Rev­ olution and was currently involved with the Indian trade and the Canadian Indian Department at Fort Niagara (Francess G . Halpenny, ed., Dictionary of Canadian Biography, v [Toronto, 1983], 781-2). T J correctly surmised the substance of George Hammond's recent conversations with Captain Charles S T E V E N S O N . Steven­ son, an aide to Lieutenant-Governor John Graves Simcoe of Upper Canada, informed Hammond that he favored a con­ tinuance of the Indian war in the North­ west Territory because he believed that it would lead to British mediation of the conflict and the resultant redrawing of the Canadian-American boundary. But Ham­ mond was properly dubious of Ameri­ can willingness to accept the mediation of Britain in the Indian war, and as yet the British government had not instructed him to recommend this course to the United States (Stevenson to Simcoe, 5 Apr. 1792; Hammond to Simcoe, 21 Apr. 1792, The Correspondence of Lieut. Gov­ ernor John Graves Simcoe, E . A . Cruikshank, ed., 5 vols. [Toronto, 1923-1931], I , 127-9, 130-1). Hammond's proposal concerning the was designed to cor­ rect what the British regarded as an over­ sight in the Treaty of Paris. Under the terms of that agreement Great Britain and the United States each recognized the oth­ er's right to navigate the Mississippi from its source to its mouth and stipulated that part of their northwestern boundary run from the Lake of the Woods due west to the Mississippi. Later, however, when the British discovered that the Mississippi was well south of the line due west of the Lake of the Woods, they feared that their corresponding lack of direct access to the Mississippi would compromise their right to navigate that body of water. Ham­ mond became especially sensitive to this problem after T J and Washington decided in December 1791 to enter into negotia­ tions with Spain over America's naviga­ tion rights on the Mississippi (Hammond L A K E O F T H E WOOD

[243]

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to Grenville, 2 Feb. 1792, Royal Commis­ sion on Historical Manuscripts, Fortescue Papers, ii [London, 1894], 254; see also note to Memoranda of Consultations with the President, 11 Mch.-9 Apr. 1792). Washington's approval on 5 Mch. 1792 of an Act for the Protection of the Fron­ tiers and Arthur St. Clair's wish to resign his command made it necessary for the cabinet to consider the appointment of a F U T U R E C O M M A N D E R for the American army. This act, which represented the mil­ itant side of the administration's Indian policy, expanded the size of the army to five regiments in an effort to make it bet­ ter able to cope with the Western Indians if peace efforts failed. T h e President's dis­ cussion of the various candidates for the army command was based on a detailed analysis of the strengths and weaknesses of the surviving American general officers that he had carefully prepared shortly before the cabinet met this day (Opinion of the General Officers, [ca. 9 Mch. 1792], Fitzpatrick, Writings, xxxi, 509-15). In spite of the reservations he expressed to the cabinet, Washington soon decided that Anthony Wayne was the most suitable candidate for commander by virtue of seniority and quality of leadership. Thus on 9 Apr. 1792 he nominated Wayne as

1792

commander of the army with the rank of major general and Daniel Morgan, Marinus Willett, John Brooks, and James Wilkinson as brigadier generals. After the Senate approved these nominations, Mor­ gan and Willett declined to serve, where­ upon Washington immediately replaced them in the following month with Rums Putnam and Otho Williams ( J E P , I , 117, 119, 120, 121,122, 123, 124; Richard H . Kohn, Eagle and Sword: The Federalists and the Creation of the Military Establish­ ment in America, 1783-1802 [New York, 1975], p. 125-6). Washington undoubt­ edly never gave any serious consideration to Thomas Sumter, T J ' s suggested nom­ inee, because Sumter had been a South Carolina militia general during the Amer­ ican Revolution under whom former Con­ tinental Army general officers would have been disinclined to serve. T J may have recommended Sumter for the army com­ mand because of his experience in fighting against the Cherokees during the Revolu­ tionary War ( D A B ) . 1

T J ' s brackets. This paragraph appears in the right margin, with a notation to insert it here. T J first wrote "agreed", but altered it to read as above. 2

3

From George Walker SlR Georgetown March 9th. 1792 Your favour of the 1st Instant I had the honour to receive, and was certainly Sorry that I missed Seeing you the evening before I left Philada.; although, I then had been able to obtain no reply from Major L'Enfant to the letter I had the honour to hand him from you: therefore, did not think it necessary to write. The dismission of Major L'Enfant has given great alarm to the pro­ prietors, and all those interested in the City of Washington; although I have fully explained to them, the difficulties the President had to Surmount in treating with him. I this day, received the inclosed letter, which they wish Should be laid before the President when convenient. I am Sorry to discover Such a want of confidence in the abilities of the Commissioners, and am airraid the affairs of the City will come into public investigation, [244]

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1792

if means cannot be adopted by which Major L'Enfant may be yet continued.—I have the honour to be with reverence & respect Sir Your Mo Obt St,

GEO WALKER

RC (DLC); endorsed by T J as received 13 Mch. 1792 and so recorded in SJL. The I N C L O S E D L E T T E R was the Propri­ etors to Walker, 9 Mch. 1792, express­ ing regret at the misunderstandings with L'Enfant and the resulting dismissal. They doubted whether any other engi­ neer in the United States or elsewhere could match his "unwearied zeal, his firm­ ness, (though sometimes perhaps improp­ erly exerted, in general highly useful), his

impartiality to this or to that end of the City." They hoped he could be retained and requested Walker to send their let­ ter to T J (RC in D L C , with 12 sig­ natures; FC in DLC: Digges-L'EnfantMorgan Papers, unsigned, with note that last paragraph was omitted in copy and may not be exactly as in RC); full text printed in William Tindall, Standard His­ tory of the City of Washington (Knoxville, Tenn., 1914), p. 140-1.

To Alexander Hamilton SIR Philadelphia March 10th. 1792 The last grant of money for defraying the contingent and other expences of the Department of State having been laid out, and the account thereof and vouchers presented at the Auditor's office for settlement and settled, I have to request the favour of your directing a warrant for the sum of two hundred and fifty dollars to be issued for the payment of such expences as may arise in future.—I have the honor to be with great respect Sir Your most obedient & most humble Servant,

TH: JEFFERSON

PrC (DLC); in Remsen's hand, except for signature. FC (DNA: R G 360, DL).

From Daniel L. Hylton D E A R SIR Richmond James River Virga. March 10th. 1792 Ere this reaches you I expect your servant Joseph has made his appearance and sincerely wish may answer your purpose. This day I have delivered orders to Capt. Stratton for the only two hhds. tobo, that can be found of your last years crop and have made a thorough search in every warehouse and cannot find another hhd. I wish their safe arrival and hope no inconvenience has arisen to you, their not being shipt before. Will you do me the favour to enquire if any female acquaintance of yours or your friends are comeing to Virga. and wou'd be willing to take my daughter under their Wing. If its only as far as [245 ]

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1792

Fredericksburgh, where I cou'd send to Mr. Fitzhughs for her (in that case) will thank you to forward a line to her directing the day she is to be in Philadelphia and flatter myself Mrs. Randolph wd. have no objection to her staying a Night or two with her until it was necessary to take her departure from thence; coud so desireable a wish take place it wd. save me a long and tiresome journey which I am very desirous to avoid. My daughter I expect coud get some friend to see her safe from Eliztown to Philada.; yr answer to this request will Oblige Your sincere F d ,

DANL L HYLTON

P.S. A few days past Mr. Ralph Hylton died after a short illness occasiond as I am inform'd from a cut in his hand with a pen Knife, which wound brought on violent Spasms and lock Jaw. R C (MHi); endorsed by T J as received 20 Mch. 1792 and so recorded in S J L .

Memorandum on References by Congress to Heads of Departments [10 Mch. 1792] On the 2d. of January 1792. Messrs. Fitzsimons and Gerry (among others) dined with me. These two staid with a Mr. Learned of Con­ necticut after the company was gone. We got on the subject of Refer­ ences by the legislature to the heads of departments, considering their mischief in every direction. Gerry and Fitzsimmons clearly opposed to them. Two days afterwards (Jan. 4.) Mr. Bourne from Rho. isld. presentd. a memorial from his state complaining of inequality in the assumption and moved to refer it to the Sec. of the Treasury. Fitzsim., Gerry and others opposed it but it was carried. Jan. 19. Fitzsimmons moved that the Pr. of the U.S. be requested to direct the Sec. of the Treasury to lay before the house information to enable the legislature to judge of the additional revenue necessary on the encrease of the military establishment. The house on debate struck out the words 'Pres. of the U.S.' Mar. 7. The subject resumed. An animated debate took place on the tendency of references to the heads of departments; and it seemed that a great majority would be against it. The house adjourned. Treasury greatly alarmed, and much industry supposed to be used before next morning when it was brought on again and debated thro' the day and on the question the Treasury carried it by 31. to 27. but is [246]

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deeply wounded, since it was seen that all Pensylva. except Jacobs voted against the reference, that Tucker of S . C . voted for it and Sumpter absented himself, debauched for the moment only because of the connection of the question with a further assumption which S. Carolina favored, but that they never were to be counted on among the Treasury votes. Some others absented themselves. Gerry changed sides. On the whole it shewed that treasury influence was tottering. M S ( D L C ) ; entirely in T J ' s hand; at foot of text: "committed to writing this 10th. of Mar. 92." Entry in S J P L reads: "Notes of conversations and facts on References by legislature to Heads of departments." Included in the "Anas." The House of Representatives' custom of requesting reports from the Secretary of the Treasury concerning matters on which it was about to legislate was one of the principal sources of Hamilton's power over Congress. This practice, which was sanctioned by the act of 1789 that brought the Department of Treasury into being, enabled Hamilton to exert a significant degree of control over the deliberations of Congress, not only through his celebrated reports on public credit, the national domain, the bank of the United States, and manufacturing, but through a host of other communications to the House on issues of lesser note as well. T J ' s oppo­ sition to this procedure stemmed from his growing conviction that it was one of the means by which the Secretary of the Treasury was able to exercise undue ministerial influence over Congress for his allegedly monarchical ends—a conviction that was shared by the emerging Repub­ lican opposition in the House (see T J to Washington, 23 May 1792). Republi­ can congressmen explained the constitu­ tional and ideological M I S C H I E F they per­ ceived in this custom during a spirited debate in the House on 7 and 8 Mch. 1792 over a motion to ask the Secre­ tary of the Treasury to submit a report on ways and means of raising the addi­ tional revenue needed to finance a recently passed act that significantly expanded the size of the army. They contended that the House was perfectly competent to draft a revenue bill on its own and main­ tained that requesting a prior report from

Hamilton on this matter was tantamount to surrendering the House's constitutional authority to originate money bills to the Secretary of the Treasury. T h e proposed motion, William Findley of Pennsylvania declared, was "contrary to the princi­ ples of the Government, and inconsis­ tent with the purity and independence of the House of Representatives, whose duty it is exclusively to prepare or orig­ inate revenue laws" (Annals, in, 447). They also charged that legislative refer­ ences to the heads of executive depart­ ments undermined the independence of Congress and paved the way for the cre­ ation of a monarchical form of government in America—a central theme in Repub­ lican political ideology. This practice, warned John Page of Virginia, "can be supported on no other principles, but such as may be used to subvert our Gov­ ernment, and to introduce a Monarchy, as unlimited as that lately abolished in France; for surely if more wisdom can be found in a few Heads of Departments, than in the whole Representative body of the people—and if those Heads can be made responsible, whilst the Repre­ sentatives are free from responsibility, and despatch and energy can be obtained with­ out the expense of a Congress, or of this House at least, I see not why the people might not make a favorite Presi­ dent as absolute as the Kings of France have been, and call on Congress, like the Parliaments of Paris, only to register his edicts" (same, p. 442). But Federalist representatives brushed aside Republican objections to the proposed motion, argu­ ing that legislative references to executive officers were legal, that the House would be derelict in its duty to the people if it did not avail itself of Hamilton's expert knowl­ edge of public finance, and that the House was free to accept or reject the treasury

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secretary's recommendations. In response to the passage of this controversial motion on 8 Mch. 1792, Hamilton submitted pro­ posals for raising additional revenue to the House nine days later, which were subse­ quently approved by that body with only minor changes (same, p. 437-52; Syrett, Hamilton, xi, 139-49). Of the three con­ gressmen with whom T J discussed the issue of legislative references in January 1792, Elbridge G E R R Y of Massachusetts and Amasa L E A R N E D of Connecticut voted in favor of the motion to ask Hamilton for a report on how to raise additional revenue, whereas Thomas F I T Z S I M M O N S of Pennsylvania voted against it ( J H R , I , 531). Hamilton concurred in T J ' s opinion that the House would have voted against him if the roll had been called on the 7th instead of the 8th of March. He cred­

1792

ited James Madison with organizing the opposition in the House to making a leg­ islative reference to him and regarded the continuance of this practice as so essen­ tial to his power in dealing with Congress that he later informed a political ally in Virginia that he would have resigned as Secretary of the Treasury if the Madisonian view of this issue had prevailed in the House (Hamilton to Edward Carrington, 26 May 1792, Syrett, Hamil­ ton, xi, 432-3). For his part, T J was overly sanguine in interpreting the close vote in the House on 8 Mch. 1792 as evidence that T R E A S U R Y I N F L U E N C E W A S T O T T E R I N G . Not until March 1794 did the House reject a proposal to submit a leg­ islative reference to Hamilton (Leonard D . White, The Federalists: A Study in Admin­ istrative History [New York, 1948], p. 6874).

To Gouverneur Morris D E A R SIR Philadelphia Mar. 10. 1792. My letter of Jan. 23. put under cover to Mr. Johnson in London and sent by a passenger in the British packet of February will have conveyed to you your appointment as Min. Plen. to the U.S. at the court of France. By the Pennsylvania Capt. Harding, bound to Havre de Grace, and plying pretty regularly between this place and that, you will receive the present letter, with the laws of the U.S. journals of Congress, and gazettes to this day, addressed to the care of M . de la Motte. You will also receive a letter from the President to the King of France in answer to his announcing the acceptance of the constitution, which came to hand only a week ago. A copy of this letter is sent for your own use. You will be pleased to deliver the sealed one (to the Minister I presume according to the antient etiquette of the court) accompanying it with those assurances of friendship which the occasion may permit you to express, and which are cordially felt by the President and the great body of our nation. We wish no occasion to be omitted of impressing the national assembly with this truth. We had expected ere this, that in consequence of the recommendation of their predecessors, some overtures would have been made to us on the subject of a treaty of commerce. An authentic copy of the [248]

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recommendation was delivered, but nothing said about carrying it into effect. Perhaps they expect that we should declare our readiness to meet them on the ground of treaty. If they do, we have no hesitation to declare it. In the mean time, if the present communications produce any sensation, perhaps it may furnish a good occasion to endeavour to have matters replaced in statu quo, by repealing the late innovations as to our ships, tobo, and whale oil. It is right that things should be on their antient footing, at opening the treaty.—Monsr. Ternant has applied here for 400,000 dollars for the succour of the French colonies. The Secretary of the Treasury has reason to believe that the late loan at Antwerp has paid up all our arrearages to France both of principal and interest, and consequently that there is no part of our debt exigible at this time. However the legislature having authorised the President to proceed in borrowing to pay off the residue, provided it can be done to the advantage of the U . S . it is thought the law will be satisfied with avoiding loss to the U.S. This has obliged the Secretary of the Treasury to require some conditions which may remove from us that loss which we encountered, from an unfavorable exchange, to pay what was exigible, and transfer it to France as to payments not exigible. These shall be fully detailed to you when settled. In the mean time the money will be furnished as fast as it can be done. Indeed our wishes are cordial to the reestablishment of peace and commerce in those colonies, and to give such proofs of our good faith both to them and the mother country, as to suppress all that jealousy which might oppose itself to the free exchange of our mutual productions, so essential to the prosperity of those colonies and to the preservation of our Agricultural interests. This is our true interest and our true object, and we have no reason to conceal views so justifiable, tho' the expression of them may require that the occasions be proper and the terms chosen with delicacy.—The gazettes will inform you of the proceedings of Congress, the laws past and proposed, and generally speaking of all public transactions. You will perceive that the Indian war calls for sensible exertions. It would have been a trifle had we only avowed enemies to contend with. The British court has disavowed all aid to the Indians. Whatever may have been their orders in that direction, the Indians are fully and notoriously supplied by their agents with every thing necessary to carry on the war.—Time will shew how all this is to end.—Besides the laws, journals, and newspapers before mentioned, you will receive herewith the State Constitutions, the Census, an almanac, and an Answer to L d . Sheffeild on our commerce. A cypher is ready for you, but cannot be sent till we can 1

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find a trusty passenger going to Paris. I am with great respect & esteem Dear Sir Your most obedt. & most humble servt., TH:

JEFFERSON

Mar. 14. Since writing the preceding, the two houses have come to resolutions on the king's letter which are inclosed in the president's, and copies of them accompany this for your use. R C ( N N C ) ; endorsed by Morris; enclosed: copies of (1) 10 Mch. 1792 res­ olution of House of Representatives con­ cerning Louis X V F s acceptance of the French Constitution; (2) 13 Mch. 1792 resolution of Senate on same subject; (3) Washington to Louis X V I , 14 Mch. 1792. P r C ( D L C ) ; with enclosures. F C ( D N A : R G 59, D C I ) . The

Tench Coxe's A Brief Examination of Lord Sheffield's Observations on the Commerce of the UnitedStates (Philadelphia, 1791). See Sowerby, No. 3628. 1

T J first wrote "If they do, [we are in] a disposition to meet them on the ground of a treaty. Be pleased therefore to give this assurance to the minister," and then altered it to read as above.

ANSWER TO L D . S H E F F I E L D Was

From George Washington M Y D E A R SIR Saturday Morning [10 Mch. 1792] I was informed last Night by Mr. Izard that a Comee, of three, of which he was one, were to be with me on Monday Morning upon the subject of the Algarine business.—The Senate do not know how to get money for the purpose without the Agency of the Rep., and they are aflraid to make the Com. I wish you to consider this matter and, if not before, to let me see you by half after 7 Oclock on Monday Morn. Geni. Knox is to be with me on the appointments of the Officers at ten to day and will keep me employed most of the day—the forenoon I mean.—Yrs. &c. GW R C ( D L C ) ; endorsed by T J as received 10 Mch. 1792 but not recorded in S J L or SJPL.

From Stephen Cathalan, Jr. Marseilles, 11 Mch. 1792. Since he last wrote on 4 Sep., he has received no letters from TJ.—The laws of the U.S. for the consulate camefromWilliam Short, and he hopes the pending consular bill will be sent soon.—A copy of this letter will go by way of Short and Gouverneur Morris whose ministerial appointments have been announced in the newspapers. The present copy goes by way of the Louisa, a Baltimore ship commanded by Capt. Christopher [250]

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Birkhead, 220 of whose 383 hogsheads of tobacco have been sold for from £60 to £63 per quintal marc weight. This vessel is about to leave with a fine cargo of assorted goods on the account of Robert Gilmor & Co.— These goods have almost doubled in price because of the depreciation of assignats, "now our Single Current money," which have lost 40 per cent against French crowns and a livre of which is now worth about 5 British pence. Public credit will only get worse as long as France remains in a state of anarchy. The arms of the Spanish consul were removed from his house and placed on display in the public market overnight. Despite their return by order of the municipal authorities, the arms have not been restored to their original place and the consul has departed the city.—Two weeks ago 1,200 members of the National Guard, apparently acting under orders from the local Jacobin club, marched to Aix and there, with the aid of 6,000 guardsmen from the vicinity, they disarmed a Swiss regiment and forced it to leave the town. The regiment's only crime was that it remained faithful to its officers and prevented the plundering of mercantile houses during an earlier stay in Marseilles. Upon the National Guard's return here a "nose-gay Woman" was imprisoned at the behest of a mob and then "hanged by the People! at the Municipality's Lantern!" The unfortunate woman was thefirstof her sex to suffer such a fate in France.—The municipal authorities issue proclamations but they have less effect than the power of the clubs. Many merchants, fearful of being plundered, are shipping their goods and property to foreign ports. Were it not for his business and his aged father he would gladly spend eight months in the U.S. with TJ.—He encloses a return of American ships arriving in his district for 1791. He hopes that he has given Capt. Birkhead sound advice on avoiding the Algerines and takes comfort in the news from Van Staphorst & Hubbard that David Humphreys has been made responsible for negotiating with the Barbary powers and subsisting the American captives in Algiers.—Bad crops in France mean that American wheat andflourcan sell for handsome prices in this town. R C ( D N A : R G 59, C D ) ; 5 p.; endorsed by T J as received 8 May 1792 and so recorded in S J L ; with pencilled brackets and annotations by T J indicating portions to be printed in National Gazette (10 May

1792). Dupl (same); in another hand but signed by Cathalan; endorsed by T J as received 12 Aug. 1792 but not recorded in S J L .

From Stephen Cathalan, Jr. Marseilles, 11 Mch. 1792. He encloses a receipt for a box of "Brugnols Prunes," shipped on the Kitty, Capt. Stephen Moore, and notes that he has sent to Robert Gilmor & Co. by the Louisa, Capt. Birkhead, a box of confectionary for T J or TJ's daughter.—Also enclosed is a bill of lading for four barrels containing 100 young olive trees and one barrel containing 8 caper plants. These have been sent to Gilmor & Co. of Baltimore with instructions to forward them to the Charleston Society of Agriculture. He will "Value" on the Parisian bankingfirmof Grant & Co. their cost of £100.—American trade with Marseilles increases but is carried on almost entirely in French ships because of the Barbary wars and the French duty on tobacco. An expected cargo of [251]

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450 hogsheads of tobacco from Fenwick Mason & Co. of Georgetown will still sell well here because of the depreciation of assignats. Another cargo of 550 hogsheads of tobacco from Willing, Morris & Co. failed to arrive here because the Perseverance, the ship carrying them, put in at Bordeaux instead for fear of Algerine pirates. This change in destination will cost the owners £200 sterling.—Flour sells here for £60 per bushel (as opposed to £45 in Bordeaux), beeswax for £300 to 320 per quintal, whale oil for £60 per quintal, Carolina rice for £22 to 25 per quintal, Carolina indigo for £9 to 12 per [lb.?], and staves for £27 per 103 staves. Ten to twelve French ships are involved in the American trade. The French have failed to follow the wise example of the U.S. constitution. Here galleries and clubs influence votes and men without property exercise the franchise. The clubs influence all levels of government and will not be satisfied until they have created a republic in France. They work assiduously to bring the king into disrepute and threaten anyone who dares to express support for the monarchy. The clubs are as great a danger to the French constitution, which is designed to "reddress the too Enormous abuses of the old regime," as the aristocratic émigrés who wish to return to France and reestablish despotism. The "True Patriots," who far outnumber either of these groups, are simply unable to unite and make their influence felt. Only God knows how this will all end. 1

R C ( D L C ) ; 3 p.; endorsed by T J as received 8 May 1792 and so recorded in S J L . This is the letter designated as private in T J ' s response of 22 June 1792. Dupl ( D N A : R G 59, C D ) ; endorsed by T J as received 12 Aug. 1792 but not recorded in S J L (lacks part of that text indicated by note 1 below

and contains slightly different wording throughout). Enclosure: Receipt signed Stephen Moore, dated 17 Dec. 1791, for "a small chest" (same). 1

Information in preceding paragraph omitted from duplicate.

To the Commissioners of the Federal District GENTLEMEN

Philadelphia Mar. 11. 1792.

I inclose you two letters, the one from a Mr. Leslie of this place, offering to make a clock for some one of the public buildings at Washington, the other from Mr. R. B . Lee proposing that Mr. Ciracchi a statuary now at this place should be employed to erect at Washington a monument he has proposed. With respect to Leslie, he is certainly one of the most ingenious artists in America; and as to Mr. Ciracchi he has given unquestionable proofs here of very superior talents in his line, and of great worth. The letters are meant merely to be lodged with you, to be taken up when you think that your works are advanced to a proper stage for them.—I have the honour to be with the most perfect esteem Gentlemen your most obedt. & humble servt., TH: JEFFERSON

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P r C ( D L C ) . T h e enclosed letters from Robert Leslie and Richard Bland Lee have not been found.

To Francis Eppes D E A R SIR Philadelphia Mar. 11. 1792. Your favor of Feb. 29. came to hand yesterday. That of Feb. 24. a week ago. I inclose you a statement of my demand against Mr. Ban­ nister, the vouchers for which I believe I left in your hands, and suffi­ ciently establish the account. However I have sworn to the statement to get rid of all objections. I received yesterday the account of my sale, miserable enough, the negroes having averaged only 4 5 £ a peice. The sale will exactly pay my instalments to Hanson for July 19. 1792. and 93. That for 97. and half of 1796. were provided for by the sale of my lands in Cumberland: so that I have still to provide for 1794. 1795. 1796. £ 5 0 0 . each year, which I will do by a further sale next fall, if nobody takes my Elkhill lands in the mean time. I have stated thus much to you as to Jones's debt, that you may know how to bargain for me as to Hanbury's. I wish you could obtain a division of the debt, each of us to pay his third, and get breath for mine till the spring of 1794. (that is to let next year's crop come in) and it will be still better if he will take bonds, in case it should be more convenient to pay him in that way. Settle it on these or any other principles you can for me, and I will send my bond executed according to what you shall have agreed, as soon as I receive your information.— I had thought to write to Mr. Lewis to send you the bonds received at the sale of my negroes last December, and to ask the favor of you to deliver them to Mr. Hanson, and take a receipt for them as delivered for the instalments of 1792. and 1793. Will you permit me to give you this trouble? I hope it is the last year I shall be obliged to trouble my friends with my affairs. Surely Hanson will not split straws about the days of payment, which are in December in those bonds instead of July in mine. I have too much confidence in his generosity for this.— What is doing in Bevins's case?—Jack is well. Maria also, and wishes to be remembered to her aunt, as I do most affectionately. Adieu my dear Sir Your's sincerely, TH: JEFFERSON P r C ( D L C ) . Neither Eppes' letter of 24 Feb. 1792, recorded in S J L as received 3 Mch. 1792, nor that of 29 Feb. 1792, recorded in S J L as received 10 Mch. 1792, has been found.

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Account with John Banister, Jr. When Mr. John Bannister junr. was about to leave Paris in Jan. or Feb. 1787. he found that he had not money to pay his expences there, and his journey to Havre, by a considerable sum. He applied to me to lend him what might be deficient. The distress to which he was exposed, his honest worth, and my friendship for him and his family were motives sufficient to induce me to do that and more for him. He sent his servant to me the morning he was going away, and I sent him what was necessary for the accounts he had got in, and his expences to Havre. From Havre he sent me his receipt for this, in a letter dated at that place Feb. 10. 1787. But there were some accounts which he had not been able to get in nor to know their amount. He desired Mr. Burrell Carnes (American Consul at Nantes, but then at Paris, and in intimate habits of friendship with him) to collect them, and desired me verbally to pay them. Mr. Carnes sent me a specification of them the 19th of Feb. and I paid him the amount on the spot, being 1241 livres 9. sous. Mr. Bannister in a letter of Jan. 3. 1788. apologizes for making no remittance to me. In another of Apr. 20. 1788. he inclosed a bill of exchange on Alexander Willoch of London which was protested for nonpayment. By the vouchers taken (and lodged I think in the hands of Mr. Eppes) it appears that my advances for him amounted to 4073. livres 19 sous, which at 25. livres to the pound sterling (the common exchange at that day) is £162.19 sterling. But recurring to my private memorandums, I find I have noted against him only 3173 livres. 19. sous or £126.19. sterling. Consequently, either I have omitted 900. livres or £36. steri, to my prejudice, or Mr. Bannister has made an error of that amount to his own prejudice. My memory not enabling me to say which has been the case, I am willing to suppose the latter, and consequently that my expences, contrary to the evidence of the vouchers, may have been but 3173. livres 19. sous.—I claim no extra interest on his protested bill of exchange, but having been so long kept out of my money, and very inconveniently, I charge the common interest of [ ] per cent from the dates of the advances till paid. John Bannister junr. deed, to Th: Jefferson Dr. livres sous 2800- 0 1241- 9 —32-10 4073-19 Credit, by a supposed error as before mentioned -900- 0 Balance remaining due to Th: Jefferson 3173-19 which balance at 6/8 Virginia to the French crown of 6. livres amounts to £176.6.7 Virginia money, to which is to be added the interest as before mentioned, and a deduction to be made of any payment or payments which may have been made by his administrator. TH: JEFFERSON 1787. Feb. 10. to his promissory note Feb. 19. to paid Burrell Carnes for discharge of his accounts 1788. Oct. 21. to charges of protest on his excha. of £50. being 25/

Philadelphia to wit Thomas Jefferson made oath before me that the preceding statement of facts and accounts is just, and true, and that the deceased John Bannister junr. owed [254]

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him the sum of 3173. livres 19. sous, or £176.6.7 Virginia money therein stated. Which sum with it's interest is still due, saving only what may have been pd. thereof by the representative of the sd. J. Bannister junr. since his death. Mar. 14. 1792. JOHN BARCLAY, MAYOR P r C (MHi); entirely in T J ' s hand, including copy of sworn statement by Barclay, subjoined.

To James Lyle D E A R SIR Philadelphia Mar. 11. 1792. I do not know that any circumstance could have given me more pain than that which has produced a failure in my payment to you after I had thought it so sure as to give you reason to count on it. When I left Europe, I did not leave a shilling there unpaid: but expecting to return, I left my house, horses, servants &c. at my expence. This with the sending over my furniture brought on me demands of between 4. and 5 0 0 . £ steri, which could not be delayed, nor had I a resource but my tobaccos which had been sold here. I have deferred writing to you from day to day in the constant hope of receiving the account of the sale of my negroes, and that the ready money which might have been paid on the discount offered, would enable me to make up the deficiency. I never received the account till yesterday, and find that no money was received. This sale, with one I had made before pays about two thirds of Farrel's demand, and I shall the ensuing fall sell for the other third, so that, as the bonds are to be taken and collected by them, I shall have the annual profits of my estate clear to answer your instalments alone, to which I think they cannot fail to be equal. Indeed if you would take bonds also, I would not hesitate a moment to sell property to the whole amount of your debt.—Knowing the incertainty of the profits of a Virginia estate, I had in my first contract with Mr. Mc.Caul procured an agreement that a failure of payment for one year should not be considered as a breach of agreement provided it should be made up the ensuing year. I never expected any thing less than such a failure for the last year. I must comfort myself with the hope that the crop of the last year now coming to market, and that of the current year, will bring me even. I am to thank you for the copy of the account you sent me. The first glance of the eye discovered to me the sum received by Dr. Walker as debited by Mr. Harvie, and credited in round figures by himself. Consequently that there can be no dispute if you can support the last payment, which he has not credited, and which indeed is now [255 ]

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a question between him and your house, tho' I believe that your books will be admitted as evidence of both. My mind is now at ease on that article.—I am with great esteem Dear Sir Your friend & servt., TH: JEFFERSON P r C (MHi).

Memorandum of Conference with the President on Treaty with Algiers 1792. Mar. 11. Consulted verbally by the President on whom a committee of the Senate (Izard, Morris and King) are to wait tomorrow morning to know Whether he will think it proper to redeem our Algerine captives and make a treaty with the Algerines on the single vote of the Senate without taking that of the Represent. My opinions run on the following heads. We must go to Algiers with the cash in our hands. Where shall we get it?—By loan?—By converting money now in the treasury? Probably a loan might be obtained on the Presid's authority. But as this could not be repd. without a subseqt. act of legislature, the Represent, might refuse it. So if convert money in treasury, they may refuse to sanction it. The subseqt. approbation of the Senate being necessary to validate a treaty they expect to be consulted before hand if the case admits. So the subseqt. act of the Repr. being necessary where money is given, why should not they expect to be consulted in like manner where the case admits? A treaty is a law of the land, but prudence will point out this dif­ ference to be attended to in making them, viz. where a treaty contains such articles only as will go into execution of themselves, or be carried into execution by the judges, they may be safely made: but where there are articles which require a law to be passed afterwds. by the legislature, great caution is requisite. E . g . the Consular convention with France required a very small legislative regulation. This conven­ tion was unanimously ratified by the Senate, yet the same identical men threw by the law to enforce it at the last session, and the Repr. at this session have placed it among the laws which they may take up or not at their own convenience, as if that was a higher motive than the public faith. [256]

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Therefore against hazarding this transaction without the sanction of both houses. The Pres. concurred. The Senate express the motive for this propo­ sition to be a fear that the Repr. wd. not keep the secret. He has no opinion of the secrecy of the senate. In this very case Mr. Izard made the communication to him setting next to him at table on one hand, while a lady (Mrs. Melane) was on his other hand and the F r . minister next to her, and as Mr. Izard got on with his communication, his voice kept rising, and his stutter bolting the words out loudly at intervals, so that the minister might hear if he would. He said he had a great mind at one time to have got up in order to put a stop to Mr. Izard. 1

Mar. 11. 1792. Mr. Sterrett tells me that sitting round a fire the other day with 4 or 5. others of Mr. Smith (of S.C.) was one, some body mentioned that the murderers of Hogeboom sheriff of Columbia county N . York, were acquitted. 'Aye, says Smith, This is what comes of your damned trial by juryS from the treasury without a regular con­ gressional appropriation or to negotiate a loan. They concluded by pointing out that Washington could still request funding from the House after a treaty with Algiers was negotiated and justified this course of action on the ground that the constitution gave the House no share of the treatymaking power. In response, Washington Washington failed to inform the Senate contented himself with observing that the committee with which he met the follow­ proposal to bypass the House before the ing day that he concurred in TJ's opin­ conclusion of a treaty with Algiers was ion on the need to apply in advance to "a subject upon which he would wish to consider well before he gave an opinion— the House of Representatives for funds and that, at any rate, it would be nec­ to negotiate a treaty with Algiers and to essary for him to know from the Sec­ redeem the American captives in that land. retary of the Treasury the state of the Ralph Izard, Rufus King, and Robert Morris, who had been appointed by the Treasury before he could decide anything upon the matter" (Memorandum of Meet­ Senate to confer with Washington on ing between President and Senate Com­ this issue, began the meeting by not­ ing that the Senate was concerned that if mittee, 12 Mch. 1792, D L C : Washing­ it became known that the United States ton Papers, Legislative Proceedings; J E P , planned to conclude a treaty with Algiers, I, 106). In the end, however, Washing­ those European Nations which are inter­ ton accepted TJ's counsel and obtained an ested in the Mediterranean trade, would appropriation of $50,000 from Congress throw every obsticle in the way, and per­ in May 1792 before embarking on nego­ haps totally defeat the object." Speaking tiations with Algiers. on behalf of the Senate, they expressed The murder of Sheriff Cornelius doubt that the necessary secrecy could H O G E B O O M of Columbia County, New be preserved if Washington applied to York, who was shot to death in Octo­ the House of Representatives for fund­ ber 1791 while attempting to serve a writ ing before the treaty was negotiated, and of execution on a delinquent tenant of therefore they wished to know if he was Philip Schuyler, was the case that evoked prepared instead either to draw money William Loughton Smith's critical remark MS (DLC); entirely in TJ's hand. Entry under 11 Mch. 1792 in SJPL reads: "Notes of conference with the Pres­ ident on the Question whether he should make a treaty with Algiers on the previous vote of the Senate alone.—W. Smith's expression on trials by jury." Included in the "Anas."

tl

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about trial by jury (Alfred F . Young, The Democratic Republicans of New York: The Origins, 1763-1797 [Chapel Hill, N . C . , 1967], p. 204-5).

1792 1

T J added the last sentence after he had drawn a line across the page to mark a separation between entries. He may have written it immediately afterwards, or much later.

Memoranda of Consultations with the President [11 Mch.—9 Apr. 1792] 1791. Towards the latter end of Nov. H[amilton] had drawn Ter­ nant into a conversation on the subject of the treaty of commerce recommdd. by the Natl, assembly of France to be negociated with us, and as he had not reed, instructions on the subject he led him into a proposal that Ternant should take the thing up as a volunteer with me, that we should arrange conditions, and let them go for confirmation or refusal. H[amilton] communicated this to the Presid. who came into it, and proposed it to me. I disapproved of it, observing that such a volunteer project would be binding on us, and not on them, that it would enable them to find out how far we would go, and avail themselves of it. However the Presidt. thought it worth trying, and I acquiesced. I prepared a plan of treaty for exchanging the privileges of native subjects and fixing all duties for ever as they now stood. He did not like this way of fixing the duties because he said that many articles here would bear to be raised and therefore he would prepare a tariff. He did so raising duties for the French from 25. to 50. per cent, so they were to give us the privileges of native subjects, and we as a com[pens]ation were to make them pay higher duties. H[amilton] having made his arrangemts. with Hammond to pretend that tho' he had no powers to conclude a treaty of commerce, yet his geni, commission authorised him to enter into the discussion of one, then proposed to the President at one of our meetings that the business should be taken up with Hammond in the same informal way. I now discovd. the trap which he had laid by first getting the Presidt. into that step with Ternant. I opposed the thing warmly. Hfamilton] observed if we did it with Ternant we should also with Hammond. The Presid. thought this reasonable. I desired him to recollect I had been agt. it with Ternant and only acquiesced under his opinion. So the matter went off as to both. His scheme was evidently to get us engaged first with Ternant, merely that he might have a pretext to engage us on the same ground with Hammond, taking care at the 1

2

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same time, by an extravagant tariff to render it impossible we should come to any conclusion with Ternant: probably meaning at the same time to propose terms so favorable to G r . Br. as would attach us to that country by treaty.—On one of those occasions he asserted that our commerce with G r . Br. and her colonies was put on a much more favorable footing than with France and her colonies. I therefore prepared the tabular comparative view of the footing of our commerce with those nations, which see among my papers. See also my project of a treaty and H[amilton]'s tariff. Committed to writing Mar. 11. 1792. It was observeable that whenever at any of our consultations any thing was proposed as to G r . Br., Hamilton had constantly ready something which Mr. Hammond had communicated to him, which suited the subject, and proved the intimacy of their communications: insomuch that I believe he communicated to Hammond all our views and knew from him in return the views of the British court. Many evidences of this occurred. I will state some.—I delivd. to the Presid. my report of Instructions for Carmichl. and Short on the subjects of navigation, boundary and commerce; and desired him to submit it to Hamilton. H[amilton] made several just criticisms on difft. parts of it. But where I asserted that the U.S. had no right to alienate an inch of the territory of any state he attacked and denied the doctrine. See my report, his note and my answer. A few days after came to hand Kirkland's letter informing us that the British at Niagara expected to run a new line between them and us, and the reports of Pond and Stedman, informing us it was understood at Niagara that Capt. Stevens had been sent here by Simcoe to settle that plan with Hammd. Hence Hamilton's attack of the principle I had laid down, in order to prepare the way for this new line. See minute of Mar. 9.—Another proof. At one of our consultations about the first of Dec. I mentd. that I wished to give in my report on Commerce, in which I could not avoid recommending a commercial retaliation agt. Gr. Br. H[amilton] opposed it violently; and among other arguments observed that it was of more importance to us to have the posts than to commence a commercial war, that this and this alone wd. free us from the expence of the Indian wars, that it wd. therefore be the height of imprudence in us while treating for the surrender of the posts to engage in any thing which wd. irritate them, that if we did so, they wd. naturally say 'these people mean war, let us therefore hold what we have in our hands.' This argument struck me forcibly, and I said 'if there is a hope of obtaining the posts, I agree it wd. be imprudent to risk that hope by a commercial retaliation. I will therefore wait till Mr. [259]

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Hammond gives me in his assignment of breaches, and if that gives a glimmering of hope that they mean to surrender the posts, I will not give in my report till the next session.' Now Hammond had reed, my assignment of breaches on the 15th. of Dec. and about the 22d. or 23d. had made me an apology, for not having been able to send me his counterassignment of breaches, but in terms which shewed I might expect it in a few days. From the moment it escaped my lips in the presence of Hamilton that I wd. not give in my report till I should see Hammond's counter-complaint and judge if there were a hope of the posts, Hammond never said a word to me on any occasion as to the time he should be ready. At length the Presidt. got out of patience and insisted I shd. jog him. This I did on the 21st. of Feb. at the President's assembly. He immediately promised I should have it in a few days and accordingly on the 5th. of Mar. I reed. them. Written Mar. 11. 1792. Mar. 12. 92. Sent for by the Presidt. and desired to bring the let­ ter he had signed to the king of France.—Went.—He said the H . of Repr. had on Saturday taken up the communication he had made of the king's letter to him, and come to a vote in their own name, that he did not expect this when he sent his message and the letter, otherwise he would have sent the message without the letter as I had proposed. That he apprehendd. the legislature wd. be endeavoring to invade the executive.—I told him I had understood the house had resolved to request him to join their congratulations to his on the completion and acceptance of the constitution on which part of the vote there were only 2. dissentients (Barnwell and Benson) that the vote was 35. to 16 on that part which expressed an approbation of the wisdom of the consti­ tution, that in the letter he had signed I had avoided saying a word in approbation of the constitution, not knowing whether the King in his heart approved it.—Why indeed says he I begin to doubt very much of the affairs of France. There are papers from London as late as the 10th. of Jan. which represent them as going into confusion.— He read over the letter he had signed, found there was not a word which could commit his judgment about the constitution, and gave it me back again.— This is one of many proofs I have had of his want of confidence in the event of the French revolution. The fact is that Gou­ verneur Morris, a high flying Monarchy-man, shutting his eyes and his faith to every fact against his wishes, and believing every thing he desires to be true, has kept the President's mind constantly poisoned with his forebodings. That the President wishes the revolution may be established I believe from several indications. I remember when I reed, the news of the king's flight and capture, I first told him of it 3

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at his assembly. I never saw him so much dejected by any event in my life. He expressed clearly on this occasion his disapprobation of the legislature referring things to the heads of departments. Written Mar. 12. Eod. die. 10. aclock A. M . The preceding was about 9. aclock. The Presid. now sends Lear to me to ask what answer he shall give the committee, and particularly whether he shall add to it that 'in making the communication it was not his expectation that the house should give any answer.' I told Mr. Lear that I thought the house had a right, independantly of legislation, to express sentiments on other subjects. That when these subjects did not belong to any other branch particularly they would publish them by their own authority; that in the present case which respected a foreign nation, the Pres. being the organ of our nation with other nations, the house would satisfy their duty if instead of a direct communication they shd. pass their sentiments thro' the President. That if expressing a sentiment were really an invasion of the Executive power, it was so faint a one that it would be difficult to demonstrate it to the public and to a public partial to the French revolution, and not disposed to consider the approbation of it from any quarter as improper. That the Senate indeed had given many indications of their wish to invade the Executive power. The Represent, had done it in one case which was indeed mischeivous and alarming, that of giving orders to the heads of the executive departments without consulting the Pres., but that the late vote for directing the Sec. of the Treasy. to report ways and means, tho' carried, was carried by so small a majority and with the aid of members so notoriously under a local influence on that question as to give a hope that the practice would be arrested, and the constitutional course be taken up, of asking the Pres. to have information laid before them, but that in the present instance, it was so far from being clearly an invasion of the Executive, and wd. be so little approved by the geni, voice that I cd. not advise the Pres. to express any dissatisfaction at the vote of the house, and I gave Lear in writing what I thought should be his answer. See it. Mar. 31. A meeting at the O's. Present T h : J . A . H . H . K . and E . R. The subject was the resol, of the H . of Repr. of Mar. 27. to appt. a committee to enquire into the causes of the failure of the late expedition under Majr. Geni. St. Clair with power to call for such persons, papers and records as may be necessary to assist their enquiries. The Committee had written to Knox for the original letters, instructions &c. The President he had called us, to consult, merely because it was the first example, and he wished that so far as it shd. become a [261]

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precedent, it should be rightly conducted. He neither acknoleged nor denied, nor even doubted the propriety of what the house were doing, for he had not thought upon it, nor was acquainted with subjects of this kind. He could readily conceive there might be papers of so secret a nature as that they ought not to be given up.—We were not prepared and wished time to think and enquire. Apr. 2. Met again at O's on same subject. We had all considered and were of one mind 1. that the house was an inquest, and therefore might institute enquiries. 2. that they might call for papers generally. 3. that the Executive ought to communicate such papers as the public good would permit, and ought to refuse those the disclosure of which would injure the public. Consequently were to exercise a discretion. 4. that neither the Committee nor House had a right to call on the head of a department, who and whose papers were under the Presidt. alone, but that the Committee shd. instruct their chairman to move the house to address the President. We had principally consulted the proceedings of the communications in the case of Sr. Rob. Walpole. 13. Chandler's deb. For point 1. see pages 161. 170. 172. 183. 187. 207. For the 2d. pa. 153. 173. 207. For the 3d. 81. 173. Append, pa. 44. For the 4th. pa. 246. Note Hamilt. agreed with us in all these points except as to the power of the house to call on heads of departments. He observed that as to his department the act constituting it had made it subject to Congress in some points; but he thought himself not so far subject as to be obliged to produce all papers they might call for. They might demand secrets of a very mischeivous nature [here I tho't he began to fear they would go to examining how far their own members and other persons in the government had been dabbling in stocks, banks &c. and that he probably would chuse in this case to deny their power, and in short he endeavored to place himself subject to the house when the Executive should propose what he did not like, and subject to the Executive when the house shd. propose any thing disagreeable.] I observed here a difference between the British parliament and our Congress, that the former was a legislature, an inquest, and a council for the king. The latter was by the constitution a legislature and an inquest, but not a council.—Finally agreed to speak separatim to the members of the committee and bring them by persuasion into the right channel. It was agreed in this case that there was not a paper which might not be properly produced, that copies only should be sent, with an assurance that if they should desire it, a clerk should attend with the originals to be verified by themselves. The committee were Fitzsimmons, Steele, Mercer, Clarke, Sedgewick, Giles, Vining. 4

5

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April 9. 1792. The Presidt. had wished to redeem our captives at Algiers, and to make a peace with them on paying an annual tribute. The Senate were willing to approve this, but unwilling to have the lower house applied to previously to furnish the money. They wished the President to take the money from the treasury or open a loan for it. They thought that to consult the Representatives on one occasion would give them a handle always to claim it, and would let them in to a participation of the power of making treaties which the constitution had given exclusively to the President and Senate. They said too that if the particular sum was voted by the Represent, it would not be a secret. The President had no confidence in the secrecy of the Senate, and did not chuse to take money from the treasury or to borrow. But he agreed he would enter into provisional treaties with the Algerines, not to be binding on us till ratified here. I prepared questions for consultation with the Senate, and added that the Senate were to be apprised that on the return of the provisional treaty, and after they should advise the ratification, he should not have the seal put to it till the two houses should vote the money. He asked me if a treaty stipulating a sum and ratified by him with the advice of the Senate would not be good under the constitution and obligatory on the Represent, to furnish the money? I answered it certainly would, and that it would be the duty of the representatives to raise the money: but that they might decline to do what was their duty, and I thought it might be incautious to commit himself by a ratification with a foreign nation, where he might be left in the lurch in the execution. It was possible too to concieve a treaty which it would not be their duty to provide for. He said that he did not like throwing too much into democratic hands, that if they would not do what the constitution called on them to do, the government would be at an end, and must then assume another form. He stopped here, and I kept silence to see whether he would say any thing more in the same line, or add any qualifying expression to soften what he had said. But he did neither. I had observed that wherever the agency of either or both houses would be requisite subsequent to a treaty to carry it into effect, it would be prudent to consult them previously if the occasion admitted. That thus it was we were in the habit of consulting the Senate previously when the occasion permitted, because their subseqt. ratification would be necessary. That there was the same reason for consulting the lower house previously where they were to be called on afterwards, and especially in a case of money, as they held the purse strings and would be jealous of them. However he desired me to strike out the intimation [263]

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that the seal would not be put till both houses should have voted the money. Apr. 6. The President called on me before breakfast and first intro­ duced some other matters, then fell on the representation bill which he had now in his possession for the 10th day. I had before given him my opinion in writing that the method of apportionmt. was contrary to the constitution. He agreed that it was contrary to the common under­ standing of that instrument, and to what was understood at the time by the makers of it: that yet it would bear the construction which the bill put, and he observed that the vote for and against the bill was per­ fectly geographical, a Northern agt. a Southern vote, and he feared he should be thought to be taking side with a Southern party. I admitted this motive of delicacy, but that it should not induce him to do wrong: urged the dangers to which the scramble for the fractionary members would always lead. He here expressed his fear that there would ere long be a separation of the union; that the public mind seemed dis­ satisfied and tending to this. He went home, sent for Randolph the Atty. Geni, desired him to get Mr. Madison immediately and come to me, and if we three concurred in opinion that he should negative the bill, he desired to hear nothing more about it but that we would draw the instrument for him to sign. They came. Our minds had been before made up. We drew the instrumt. Randolph carried it to him and told him we all concurred in it. He walked with him to the door, and as if he still wished to get off, he said, 'and you say you approve of this yourself.' 'Yes, Sir, says Randolph, I do upon my honor.' He sent it into the H . of Representatives instantly. A few of the hottest friends of the bill expressed passion, but the majority were satisfied, and both in and out of doors it gave pleasure to have at length an instance of the negative being exercised.—Written this 9th. of April. M S ( D L C ) ; entirely in T J ' s hand. Entry in S J P L under 4 Apr. 1792 reads: "Notes of Mar. 11. on treaties with France and Engld.—On Hamilton and Hammond. Mar 12. Communication of resolution of H . R. to K . of France. Mar. 31. On the call for papers by the H . R. Apr. 2. Do.—on the right of Congress to call on heads of departments. Apr. 9. on previous consultation of one or both houses respecting a treaty.—On negativ­ ing the Representation bill." Included in the "Anas." Hamilton's C O N V E R S A T I O N with Ter­ nant actually occurred early in October

rather than late in November 1791. T J ' s of American commerce with France and Great Britain is printed as an enclosure to T J to Washington,

TABULAR . . . VIEW

23

Dec.

1791,

and

his

PROJECT

OF

A

is at 26 Nov. 1791. T J ' s copy of Hamilton's T A R I F F is in D L C : T J Papers, 72: 12597; a text in Hamilton's hand from D L C : Hamilton Papers is printed in Syrett, Hamilton, xm, 409-10. The appointment on 27 Mch. 1792 of a committee to E N Q U I R E I N T O T H E C A U S E S of the defeat of General Arthur St. Clair's expedition against the Western tribes in November 1791 was the ini­ tial step in the House of Representatives' TREATY

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first formal investigation of the actions of officers appointed by the executive branch of government. This investigation was greatly facilitated by the administration's acceptance of the view that the House was entitled to examine executive records per­ taining to this affair in order to discharge its responsibility as an I N Q U E S T as well as by the House's agreement to request the President to direct executive officers to cooperate with its investigation rather than to demand their cooperation as a mat­ ter of right. Thus on 4 Apr. 1792, appar­ ently as a result of the decision of T J and his fellow cabinet officers T O S P E A K S E P A R A T I M to the members of the commit­ tee of inquiry, the House resolved to ask Washington "to cause the proper officers to lay before this House such papers of a public nature in the Executive Depart­ ment, as may be necessary to the investi­ gation of the causes of the failure of the late expedition under Major General St. Clair" ( J H R , i, 561). The President thereupon instructed the Secretary of the Treasury and the Secretary of War to provide the House with the papers it needed for its investigation, and the two cabinet mem­ bers also personally testified before the committee of inquiry. Consequently, the committee submitted a report which the House read on 8 May 1792 and agreed to defer consideration of till the fall session of Congress (Washington to Knox, 4 Apr.

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1792, Fitzpatrick, Writings, xxxii, 15; Washington to Hamilton, 6 Apr. 1792, Syrett, Hamilton, xi, 252; A S P , Indian Affairs, i, 36-9). T h e P R O C E E D I N G S of the House of Commons cited by T J from Richard Chandler, comp., The History and Proceedings of the House of Commons from the Restoration to the Present Time, 14 vols. (London, 1742-1743), pertained to a 1742 parliamentary inquiry into the con­ duct of Sir Robert Walpole's ministry. T J ' s conversation with Washington about the R E P R E S E N T A T I O N B I L L must have taken place on 5 rather than 6 Apr. 1792 because the President vetoed that piece of legislation on the earlier date (see notes to Opinion on Apportionment Bill, 4 Apr. 1792). 1

T J first wrote "About the last of Nov. or beginning of Dec." Preceding three sentences written in margin, with notation to insert them here. Someone, perhaps T J , pencilled "No. 24" on this line at some later date. The significance of what could be "number 24" or "no, 24", has not been determined. T J ' s brackets. T J inserted " S . C . pa. 91." at this point. Perhaps T J intended to write " R . C . , " a reference to Richard Chandler, the compiler whose works he referred to in this memorandum. 2

3

4

5

From William Short D E A R SIR Paris March 11. 1792. The three last days have been marked by events as unexpected as they are important.—I will relate them in the order in which they have become known here. An express dispatched by the English Ambassador at Madrid passed through this place the 8th. and left letters for Lord Gower, and also for M . De Lessart informing that on the 27th. of the last month a guard was sent in the night to arrest the Count de Florida Blanca and conducted him it was not known where at the time of the departure of the express but conjectured to be to his estate in the country. Count Daranda was immediately called to court with the title of Doyen du [265 ]

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Conseil and will in this character direct the ministry. The same letters say that there had been previously a good deal of fermentation among the people of Madrid, and it is supposed that that circumstance was made use of by the enemies of M . Florida Blanca, and particularly the Queen's favorite against whom the popular discontent seemed to be particularly directed, as this circumstance furnished ground for presenting the minister as the author of the fermentation. As yet there has been only time to learn the change of the ministry. What change it will effect in the politics of Spain can be only conjecture. It is an event however which cannot be indifferent to any of the powers that are in the way of having to do with Spain either as friends or foes. The disorders and riots which I mentioned to you in my last as prevailing here continue to increase and spread throughout all parts of the kingdom. Not a day passes without seriously alarming information of this kind being brought to the assembly from some one or other of the departments. The causes are various in various places. It was evident that nothing could contribute so much to stop their dangerous progress as energy in the government. This however could be expected only in a small degree at best in the present state of men's minds and under the present constitution. It has been matter of astonishment and mortification therefore to all the friends of this country to see that even this was sacrificed by a division which existed among the members of the council. Neither party being strong enough to displace the other kept the action of government as it were in suspense. The unhappy monarch who has made so many attempts in vain to put the present order of things in motion seemed to despair of success and consider all his efforts useless, and of course remained in this position without any other endeavour than that of uniting the two parties in the Council who in fact were divided more by vanity than any thing else. The majority of the assembly were hostile to both parties, as they will ever be to those who wear the name of ministers, but particularly so to M . de Bertrand who was at the head of one party in opposition to the minister of war at the head of the other. They passed a vote some days ago that he had lost the confidence of the nation and addressed it to the King. Whilst he had it under consideration letters from the three generals ( M . Rochambeau, M . Luckner and M . de la fayette, assembled here, addressed to M . Narbonne (the minister of war) entreating him not to resign as they had heard was his intention, and his answer mentioning his division with M . de Bertrand and consenting at the same time to remain a little longer as it were at their request) were published in the gazettes. This was done by an imprudent friend of M . de Narbonne who thought that in addition [266]

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to the vote of the assembly it would force the King to sacrifice the minister of the marine to that of the war department and thus put the council at his disposition. It produced quite the contrary effect. The King though without energy of character has yet moments of anger which for an instant supply the place of force, and pushed on by M . de Narbonnes enemies he displaced him the day before yesterday without the smallest warning though it is known it will displease the three generals and all the army.—He announced this change yesterday to the assembly, and mentioned at the same time that he had given him for successor M . de Grave. He is a young man who has much virtue and worth but absolutely without experience and unfit for such a place at such a time. The King at the same time informed the assembly that he had exam­ ined their vote with respect to M . de Bertrand and had not judged proper to withdraw his confidence from him. In this situation of things the enemies of M . de Lessart in the assembly brought forward a propo­ sition for passing what they call a décret d'accusation et d'arrestation against him. It was immediately passed without his being heard or even the presumption of proof offered. The principal article is his con­ niving at the league of foreign powers against the French constitution. He was conducted this morning to Orleans where he is to be judged by the haute cour nationale. M . de Bertrand has sent his resignation to the King who has announced it by a most flattering letter desiring him to remain until he shall name his successor. This was the situation of affairs yesterday when an express arrived from Vienna with an account of the Emperors death after three days sickness only. It has overwhelmed the court and particularly the Queen, with grief. The public mind is as it were stunned with the event. It is viewed differently by the different parties and even by dif­ ferent persons in the same party. Should any contestation arise about the election of the Emperor, it may find employment for the Germanic body at home and thus rescue this country with greater certainty from foreign war, but should the Archduke Francis be elected as I appre­ hend without opposition, the death of the Emperor may be considered as a real calamity for France under various points of view.—I shall send a duplicate of this letter by the way of Havre, and with it a copy of the official communications between the Ministry of Vienna and France mentioned in my last. This letter goes by the way of England and carries assurances of the sentiments which animate your friend & servant, W. SHORT P r C (PHi); at head of text: "No. 96";

at foot of text: "Thomas Jefferson Secre-

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tary of State Philadelphia." T r (DNA: R G 59, D D ) . Recorded in S J L as received 31 May 1792. Queen Maria Luisa's F A V O R I T E was her youthful paramour, Manuel Godoy,

1792

known more familiarly by his later title of "Prince of Peace," who succeeded Aranda as first minister of Spain in November 1792. M I N I S T E R O F T H E M A R I N E : Bertrand de Molleville.

To Jerman Baker D E A R SIR Philadelphia Mar. 12. 1792. Your favor of Jan. 15. with Mr. Robinson's letter came to hand Jan. 30. I immediately put them into the hands of a Professor of the college here, in whose recommendations I should have confided. He at first had a hope of engaging one of two good persons who presented themselves to his mind. Both however concluded that the object was not sufficiently enticing, and I have now inclosed the letter to Doctr. Witherspoon to try whether the Jersey seminary can furnish the person desired. You shall know the result as soon as it is known to me, and may count on every service I can render in it. I am with constant affection, dear Sir Your sincere friend & servt., TH: JEFFERSON P r C (MHi). The P R O F E S S O R O F T H E C O L L E G E was undoubtedly Robert Patterson, professor of mathematics at the University of Pennsylvania ( D A B ) .

To J . P. P. Derieux D E A R SIR Philadelphia Mar. 12. 1792. I received your favor of Feb. 14. long after it's date, and hope that by the present regulation of your post you will get this answer quicker. The loss upon your legacy, on account of the depreciation of Assig­ nats will be very great, and therefore I should think it unadviseable to draw at this moment for more than your necessities require. This place is so perfecly mercantile, and regular mercantile bills so abundant, that those drawn on executors, with some little impediments of legal cere­ mony, would not sell here: and as the exchange here and at Richmond is equally disadvantageous, I have thought the latter place the most adviseable to try. I have therefore inclosed you a paper certifying the goodness of your bills and at the same time making my self responsible for them. At the same time I know it will not give the same confidence in them as in the former case where I was present on the spot to pay [268]

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1792

them if the drawee had refused.—Mr. Morris will certainly take care of any letters which shall come for you to his hands. I now inclose you one which came by a vessel that had a three months passage. With the compliments to Mde. de Rieux & great esteem for yourself I am Dear Sir your most obedt. humble servt., TH: JEFFERSON P r C (MHi); with enclosed certificate.

To Hasting Marks SIR Philadelphia Mar. 12. 1792. I have duly received your favor of Jan. 10. and applied to the Waroffice, from whence I received the paper inclosed, which will answer your enquiry.—It was with great pleasure I was informed by the Secretary at war that he had received the most favorable accounts of your conduct and character as an officer. That these will continue equally meritorious I have much confidence, and sincerely wish they may lead you to the preferment they merit, being with sincerity Sir your most obedt. humble servt., TH: JEFFERSON P r C ( D L C ) ; at foot of text: "Lieutt. Hastings Marks Fort Washington."

Memorandum of Advice for the President Mar. 12. 1792. Verbal answer proposed to the President to be made to the Com­ mittee who are to wait on him with the resolution of the 10th. inst. congratulatory on the completion and acceptance of the French constitution. That the President will, in his answer, communicate to the king of the French, the sentiments expressed by the H . of representatives in the resolution which the committee has delivered him. M S ( D L C ) . Entry in S J P L reads: "Verbal answer for President to Committee of H . R. on answer to K . of France."

[269]

Notes on British Commercial Relations with United States [12 Mch. 1792] T w o facts affirmd. viz. 1. that we have not capital enough for commerce 2. that the capitals of persons residt. in Brit, necessary 1. perhaps true. but not so much necessary as may be imagd. commerce may be overstrained Phila. N . Y . Boston very wealthy but be it so. I am not prepard to deny so I will admt. there may be such an opinion 2. British capitals are necessary not more so than Dutch and French the latter will come in if made their int. What are the remedies to this embarismt. i. The S. of T . proposes 1. to submit with resignation without any opposition 2. in meantime raise manufactures. 1. other passions besides avarice-resentmt. man disposed to sacrifice much of his other passions to resentmt. our countrymen shd. do so for commerce 2. the E n g . will keep the start they have in manuf. stern chase is a long chase il. My propositions 1. to prevent diversion of our own capital 2. to induce British capitalist to transport himself here with his capital, by embarrassing his employment of it while he resides in Britain there being no employmt. or less advantageous in Europe, induces him to employ here. Same cause will induce to come here if necessary 3. the few who refuse to come will lend their money, or give credit for goods This necessary for a short time only. We can soon do without this class of Brit, capitalists. M S ( D L C : T J Papers, 72: 12458); entirely in T J ' s hand. Recorded in S J P L under 12 Mch. 1792; entry reads: "Th:J's

Notes on commerce with G r . B r . "

[270]

T J ' s recollection of his conflict with

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MARCH

Hamilton over the negotiation of com­ mercial treaties with France and Great Britain probably prompted him to write these notes (see Memoranda of Consulta­ tions with the President, 11 Mch.-9 Apr. 1792). In addition to justifying T J ' s pol­ icy of commercial retaliation against the British, the notes also consist of observa­ tions on Hamilton's remarks in his Report

1792

on Manufactures about the need for for­ eign capital to spur American industrial development (Syrett, Hamilton, x, 2747). It is also possible that the T W O F A C T S A F F I R M D . were arguments in support of a commercial treaty with Great Britain advanced by Hamilton in the cabinet in December 1791 (see note to T J to Wash­ ington, 26 Nov. 1791).

From George Washington Monday Morn [12 Mch. 1792] The P would be glad to see Mr. Jefferson immediately, and requests him to bring the Copy of the P t's letter to the French King with him. R C ( D L C ) ; addressed: "Mr. Jefferson"; endorsed by T J as received 12 Mch. 1792. Entry in S J P L reads: " G . W. to T h : J . desiring to bring the Pr's letter to the K . of France."

To John Witherspoon D E A R SIR Philadelphia Mar. 12. 1792. The head of a school of considerable reputation in Virginia having occasion for an Assistant, I take the liberty of inclosing to you the letters I have received on that subject in hopes that your seminary, or your acquaintance may furnish some person, whom you could recom­ mend as fitted to the object. And the possibility that you may find a gratification in procuring employment for some worthy person must be my apology for troubling you with the application and for asking you to take the further trouble of returning me the papers when their object shall have been answered, or become desperate. I am indebted to them for giving me an opportunity, which is ever welcome, of assur­ ing you of those sentiments of esteem & respect with which I am Dear Sir your most obedt. & most humble servt., TH: JEFFERSON P r C (MHi). Enclosures: Jerman Baker to T J , 15 Jan. 1792, and Needier Robinson to Baker, 29 Oct. 1791.

[271]

To Edward Church SIR Philadelphia Mar. 13. 1792. Your several letters of July 27. Aug. 12. and Sep. 8. have been duly recieved, and your disappointment produced a strong desire in the President to nominate you Consul for the port of Cadiz. But on speaking of the matter it was found that there would not only be an opposition to it in the Senate but perhaps a rejection which it was conceived would be injurious to you. The ground of opposition would have been some transaction of yours at New Orleans, in seising a Spanish vessel and sending her round here, while you were under certain circumstances of favor and protection in that country, and such as that the vessel was liberated in a court of admiralty. You know that there is no salary annexed to our Consulships, nor any fees worth attention; consequently that they avail only as they may bring business and respect to the holder. If you think the object worth a further pursuit, it would be necessary to enable some friend here to set the transaction beforementioned to rights, by sufficient evidence, in which case it is probable the President might still name you to the Consulship beforementioned, or some other, there being, as I can assure you, a real commiseration of your case, and a desire to relieve you as far as propriety will admit. I am with great regard Sir your most obedt. humble servt., TH: JEFFERSON P r C ( D L C ) ; at foot of text: "Mr. Church. Bordeaux." The controversial TRANSACTION involved Church's role in the capture of the Spanish brigantine San Antonio by the Massachusetts privateer Patty in Novem­ ber 1782. While in New Orleans on mer­ cantile business earlier that year Church set in motion a train of events which led to this incident by reporting to the Boston merchants Leonard Jarvis and John Rus­ sell, J r . that the San Antonio was actu­ ally owned by a West Florida Loyalist named Thomas Wilkins who was plan­ ning to send her to England under a flag of truce and bring back a cargo of British goods for the purpose of engag­ ing in illicit trade with Spanish Louisiana. On the basis of this information Church, Jarvis, Russell and several other Boston merchants dispatched the Patty to the Gulf of Mexico to intercept the San Antonio on her return voyage from London to New Orleans. After her capture the San Antonio

was adjudged to be British property and condemned as a lawful prize by the Mar­ itime Court of the Middle District of Mas­ sachusetts, which awarded the vessel and cargo to Church and his associates. Span­ ish officials in Louisiana and Philadelphia thereupon denounced the seizure of the San Antonio as an act of piracy and crit­ icized Church for abusing Spanish hos­ pitality in New Orleans by misrepresent­ ing the facts respecting this ship. Conse­ quently, in May 1783, the Federal Court of Appeals reversed the Maritime Court's decision on the ground that the San Anto­ nio was in reality a Spanish ship belonging to Antonio Argote of New Orleans and ordered that it be restored to Argote along with the cargo. Church and his partners refused to abide by this decision, claiming that Wilkins and not Argote was the real owner of the San Antonio, and unsuccess­ fully appealed to the Continental Congress for a new hearing before the Court of Appeals. But even after Congress rejected this plea in September 1783 the captors

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continued to balk at returning the ship and cargo to Argote, and it is entirely pos­ sible that they never returned them (Pierre Debade v. William Hayden and others, D N A : R G 267, Revolutionary War Prize Cases, No. 95; Edward Church and others to Continental Congress, 30 June 1783, D N A : R G 360, P C C No. 42; Antonio Argote to Continental Congress, [ante 14 Aug. 1783], D N A : R G 360, P C C , No. 78; J C C , X X V , 546-8; Henry J . Bour­ guignon, The First Federal Court: The Federal Appellate Prize Court of the Amer­ ican Revolution, 1775-1787 [Philadelphia, 1977], p. 231-5). Church denied that he had been guilty of misconduct in the San Antonio affair in a letter to T J that did not reach Philadel­

1792

phia until September 1792. Yet well before the arrival of this letter, which still maintained that the San Antonio had actu­ ally been a British vessel under nominal Spanish ownership, Washington decided to give Church a consular appointment. The President nominated Church as con­ sul to Lisbon on 3 May 1792 and the Senate confirmed the nomination two days later by a vote of 16 to 3. George Read of Delaware, one of the three opponents of Church's nomination, was also one of the judges on the Court of Appeals who had ruled against Church and the other own­ ers of the Patty a decade before ( T J to Church, 5 May 1792; Church to T J , 16 May 1792; J E P , I , 121, 122).

To Delamotte SIR Philadelphia Mar. 13. 1792. According to your desire I have had enquiry made into the situation of Monsr. Delivet, and inclose you the result of that enquiry. I might add to the information there given, that about the year 1790 he was in prison some months, as I learned in letters he addressed to me from his prison. I take this occasion to acknolege the receipt of your several favors, as yet unacknoleged of July 25. Aug. 12. 24. Oct. 15. 27. of all of which the uses have been duly made which their communications pointed out.—I trouble you with letters to Mr. Morris our Minister Plenipotentiary at Paris, to be forwarded by post, and some larger packages containing laws, journals and gazettes, to be forwarded by the Diligence.—I am with great esteem & respect Sir Your most obedt. humble servt., TH: JEFFERSON P r C ( D L C ) . F C ( D N A : R G 59, D C I ) . Delamotte had inquired about Pierre Delivet in his 27 Oct. 1791 letter to T J . The R E S U L T of T J ' S investigation of Delivet's situation has not been found.

To Joseph Fenwick SIR Philadelphia Mar. 13. 1792. In consequence of your favor of Oct. 28. which did not come to hand till Jan. 14. I took measures to obtain satisfactory information [273]

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in the case of Mrs. Olivier. As the opinions of lawyers are the only evidence of law we can furnish, I thought it best to take those of lawyers, who are at the same time members of Congress, because their office vouches at the same time their science and their integrity. I send you in consequence the inclosed opinion signed and acknoleged to me by Mr. Benson and Mr. King and so certified by me. I did not certify Mr. Sylvester's signature because I did not see him on the occasion: but the evidence of the other gentlemen satisfies me the signature is his, as much as if I had seen it myself. I take this occasion of acknoleging the receipt of your favors of July 15. Aug. 31. and Sep. 25. all of which have been acted on where they required it. Your private letters of July 8. Oct. 2. and Sep. 26. respecting the case of Mr. Derieux have also been received. I have no answer yet to my private letter of Sep. 1. sent you through the hands of Mr. Short. I hope both that and it's contents get safe to your hands. I am with great esteem Sir your most obedt. humble servt., TH: JEFFERSON P.S. I put a letter to Mr. Edward Church under your cover. P r C ( D L C ) . F C ( D N A : R G 59, D C I ) . Enclosure: T J to Church, 13 Mch. 1792. T h e enclosed legal opinion by Egbert Benson, Rufus King, and Peter Sylvester has not been found.

To William Hay D E A R SIR Philadelphia Mar. 13. 1792. Tho' I have not had time before for the formality of acknoleging the receipt of your favor of Jan. 3. yet I did not fail at the very time to do what was of substance, to give to your young friend Mr. Taylor a letter to Dr. Witherspoon, and such advice as my knowiege of the place enabled me to do: of all which I doubt not he gave you information. The sum of it was that Princeton was a better place than this to pursue the branches of science for which they have professors: that when he shall have made the proficiency in them which he wishes, he might pass a winter here to attend a course of anatomy and chemistry, and a summer for a course of botany and natural history for which there are no professors at Princeton, and which in my opinion are well worth a year's attention, considering that he might at the same time be carrying on his law reading, and attending, if he pleases, judge Wilson's lectures. For the study of the law in general however this place has no advantage over Virginia. I am happy in every occasion of [274]

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proving to you the sincerity of the esteem with which I am Dear Sir your most obedt. humble servt., T H : JEFFERSON PrC (DLC).

To Daniel L. Hylton DEAR SIR Philadelphia Mar. 13. 1792. Your favors of Feb. 12. and 19. have been duly received. Joseph arrived also, and I have forwarded the £ 4 - 1 9 say 16^ Dollars to Miss Hylton as you desired. I have concluded to have my tobo, of the last growth brought here also. It all comes from Bedford, and probably has begun to arrive at the warehouse. As Capt. Stratton plies regularly between Richmond and this place, and there will be nothing but the Bedford tobo. I have thought it might be best to let him bring the whole of it, and that he could indeed, if he will do it, take the whole trouble of paying warehouse fees, &c. to be repaid him here so as to leave me under no necessity of troubling you again this year. If this can be done, be so good as to indorse over to him the inclosed order for the tobo, or otherwise give him so much authority over it as to relieve yourself as much as possible. Be pleased to present my compliments to Mrs. Hylton & to be assured of the esteem with which I am Dear Sir your friend & servt., T H : JEFFERSON P r C (MHi). Enclosure (superimposed at foot of text on P r C of letter): "The inspectors of the warehouse at Richmond which shall receive my tobaccos of the growth of the year 1791. are desired to

deliver the said tobaccos (the overburned part excepted) to Daniel L . Hylton esquire or his order, for which this shall be their voucher. T h : Jefferson."

From Madame Plumard de Bellanger A Paris ce 13 Mars 1792 Un nouveau motif Monsieur m'engage à vous présenter mes actions de graces pour touttes les bontés que vous avés pour mon Cousin. Vous avés pris la peine de lui donner le Certificat dont il avoit besoin pour toucher son Legs. Assurément jamais certificat ne valut davantage, ayant votre signature et le sceau de l'Etat. Je vois dans ses Lettres que vous lui témoignés en bien des manieres une amitié tres précieuse pour lui. L e moment de votre arrivée à Monticello et le séjour que vous y faites lui procure mille agrémens auxquels il est tres sensible. J'en ay [275 ]

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les détails et ce n'est que comme cela que j'ay le plaisir d'apprendre de vos nouvelles. C'est lui qui me rappelle à votre souvenir, sans cela je crois Monsieur que vous m'auriés tout à fait oubliée en oubliant le françois, que vous dites ne savoir plus. Pour moi je saisis cette occasion pour vous assurer que je ne vous ay point oublié, que je regrette bien d'avoir étté si tôt privée du plaisir de jouir de votre societté. L e sujet de nos conversations est devenu intarissable, j'aurois eu bien besoin de l'adoucissement que vous saviés mettre à mille maux naissans desquels vous aviés une idée tres différente. Je veux avant tout Monsieur vous parler des difficultés que mon Cousin éprouve à recevoir son Legs. L a Procuration qu'il m'a envoyée dernièrement pour la faire passer à son Oncle est rigoureusement insuffisante, elle n'est point expresse pour toucher le Legs. Il faudra que l'oncle veuille bien être caution vis à vis des Exécuteurs Testamentaires. Une autre difficulté plus fâcheuse encore c'est celle pour lui faire parvenir la somme dont les deux tiers seulement sont échus. Mon Cousin ignore aparemment que par la perte du Change qui est de plus de moitié il n'auroit à peine que 5 mille francs pour dix; il me mande que surtout on n'employé pas la voye du Commerce parce que ce seroit trop longtems à lui parvenir. J'ai envoyé à l'oncle chargé de la Procuration l'endroit de la lettre. Il pense comme moi qu'il est hors de raison de lui envoyer autrement que par la voye du Commerce. Je lui ay envoyé à Nantes tous les renseignemens que j'ay eu de bonne part d'un Négociant appelle Humbert qui demeure à Paris et qui a une Maison de Comerce à Boston et une très riche au Havre. Il prendra touttes les informations nécessaires avant de s'y addresses. Mr. Humbert connoit tres bien ce qu'il faut envoyer à Boston et à l'arrivée du Bâtiment celui qui a mis des fonds doit toucher les deux tiers de la valeur du chargement en Piastres et le reste après la vente. J'ay l'honneur de vous marquer tout cela Monsieur pensant que s'il y a des moyens que vous connoissiés pour lui procurer ses piastres promptement en Virginie vous les lui indiquiés. C'est toujours comptant sur vos bontés pour lui. Vous connoissés deux causes différentes qu'il a d'être pressé de toucher. Monsieur Shoort conseilloit d'attendre à faire passer, que l'argent nous fut revenu à la place des assignats. Je ne sais comment à travers tous les événemens à quoy cela tient il peut fixer un point à quoi s'arrêter. Il va donc nous quitter pour aller en Hollande. Il regrettera dans ce païs ci ses chers économistes. Il verra dans les autres païs le cas qu'on fait d'eux. Monsr. Moris vient occuper la place que vous aviés Monsieur. J'ay déjà prié Mr. Shoort de me faire faire connoissance avec lui. Peut-être voudra til bien me rendre le service de continuer de me faire parvenir plus sûrement et plus promptement mes lettres. Pour revenir à cette liberté à cette [276]

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philosophie qui devoit nous rendre heureux, elles sont si avilies si humiliées en France par ceux qui égarent le peuple qu'il y aura à leur faire le reproche de nous avoir privés peut-être pour toujours des avantages qu'on s'en étoit promis. Cette liberté n'est autre que la faculté de pouvoir impunément résister aux loix, il n'y a aucune force pour faire obéir. L a loy de l'impôt est impraticable quant aux terres, aussi ne se paye til point. L e pouvoir Judiciaire et surtout le code Criminel est fait, pour favoriser tous les Crimes qui se multiplient d'une maniere effrayante. Il a eu déjà autant de sang répandu que dans une Guerre, à la différence près que c'est par des assassinats prémédittés, exécutés avec une cruauté inouïe, et que la perte des biens s'en est presque toujours ensuivie. L a Banqueroutte nous arrive. E t pour parler des nouvelles actuelles, on vient avant hier de recevoir la nouvelle de la mort de l'Empereur, on esperoit qu'il remedieroit de maniere ou d'autre à nos maux. Ce prince si pacifique et si sage est mor le 3e. jour d'une maladie dans laquelle il avoit des vomissemens. On l'a saigné, dit on, mal à propos. E t c'est la le moment ou l'assemblée traduit à la Haute Cour de Justice le Ministre des affaires étrangères pour une réponse faitte à Monsr. de Kaunits, laquelle lue à l'Assemblée fut tres applaudie. Trois autres ministres ont donné ou reçu leur démission. Enfin on renverse de fait le Thrône. Dieu veuille conserver les jours du Roy. Je finis Monsieur par vous demander pour Mon Cousin la continuation des sentimens que vous lui avés montré jusqu'à présent. Il seroit bien malheureux de cesser de les mériter. Dans votre absence il lui reste encore l'avantage de faire sa Cour à Madame Randolphe, il me paroit qu'il profitte souvent de son voisinage et de celui de Monsieur Randolphe. Je desire qu'il reçoive son Legs à tems pour faire l'acquisition que vous lui conseillés et qui, le laissant près de vous le fera jouir de tout ce que j'ay perdu. Soyés persuadé que j'ay aprecié autant que personne le prix de votre societté et que les sentimens d'estime et d'attachement qu'elle m'a inspirés ne finiront qu'avec moi. J'ay l'honneur d'être Monsieur Votre tres humble et obeisste servte. PLUMARD BELLANGER RC (MHi); endorsed by T J as received 6 June 1792 and so recorded in S J L .

To George Washington Mar. 13. 92. The Secretary of State incloses to the President the letter to the King of France with the alteration he proposes for incorporating the [277]

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vote of the house. If the President approves it, he will be so good as to return it in time to be written at large to-day, signed and sealed. T h : J . thinks the copy of the resolution delivered the President with the signature of the Speaker will be the proper one to send. He therefore incloses him the informal copy in exchange for it. R C ( D N A : R G 59, M L R ) ; endorsed by Lear. T r ( D N A : R G 59, S D C ) ; includes copy of translated letter from Louis X V I , 19 Sep. 1791.

From the Commissioners of the Federal District SIR G[eorg]etown 14th: March: 1792 The plan of the loan from Mr. Blodget which you inclosed us, appears to us to be very eligible. It has therefore our warmest approbation. Though, we have not the smallest apprehension from the best attention we have been able to bestow on it; that we can in any measure be liable in our private capacities, yet, we think it prudent to express our desire, that this may be well understood by Mr. Blodget.— We are Sir, with respect & esteem Your most Obt: Servants, DD. STUART. I Commissioners DANL. CARROLL] R C ( D L C ) ; endorsed by T J as received 17 Mch. 1792 and so recorded in S J L . F C LB).

(DNA: RG 42, D C

From the Commissioners of the Federal District SIR George Town March 14th. 1792 Your favour of the 6th. Instant is now before us.—We doubt not but every advantage will be taken of the dismission of Major L'Enfant.—It is to be regretted that his temper made it a necessary measure. As far as our exertions can counter act any ill effects expected from it, they may be relied on. With respect to his compensation we have adopted the Presidents Ideas, in a letter to Mr. Stuart. As He has already recieved £ 2 2 5 from us, besides having his Expences of Living here paid, we flatter our selves he will have no cause to complain of having met with an inadequate reward. Inclosed [278]

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is a copy of our Letter to the Major.—Tho' Mr. Ellicott from His con­ versation with you, has appeared disposed to make some Abatement in his own Wages, so far at least as respects his expences in Living; he has informed us, that his Brothers expect if they return, to have Three Dollars a Day. He Mentions, that they were offered this sum last year, by the Jemessee Company, which is now increased to a Dol­ lar more. Their Wages last Year were Two dollars a Day, and their Expences paid. If they will bear their own expences, it will be more satisfactory to us to give them Three dollars, than to have them on the former terms.—We have accordingly informed Mr. Ellicott, that we would give them this sum, provided they paid their own expences. As it would be particularly unfortunate at this time, to meet with a second disappointment, in those who have been in our employment, we beg you will settle the matter with him. Whatever you do will be confirmed by us.—We shall have no difficulty in dismissing the Action against Mr. Roberdeau. As we consider Him as a misled young Man, we are even disposed to employ him again if he chooses it. The President on his return from Charlestown last Summer, men­ tioned to us an Architect who had been highly recommended to him by some of the first characters in that place. If He still approves of him, and we can be informed of His Name, we will endeavour to engage him. Or will it be best to advertise for a superintendant? If you think this most eligible, as there is no time for delay, we request when you advertise for Plans, you will advertise for a Superin­ tendant aliso. If you think it necessary to mention his salary, as it must depend much on the talents and Abilities of the person, we shall leave it to be settled by you and the President. The advertisements for plans of the Buildings, having our approbation, are returned for Insertion.— From our conversation with Mr. Ellicott in December last, respecting the time at which a Second sale might take place, he was of opinion it could not be sooner than the end of June.—From the unexpected disappointment we have met with, about the engraved plans, perhaps it would be most eligible now, to defer it till the last of July, to give as much time as possible for their dispersion and free circulation. It appears to us to be important to have the plans of the Buildings at that time for General inspection. If approved of, they will no doubt contribute much to generous bids.—For these reasons, we think the blanks may be filled up with the 20th of July. But as you have the opportunity of conversing with Mr. Ellicott on the Subject, we beg you will fill them up as you may think proper. It would certainly be desireable to have the plans as much sooner as possible, but we appre­ hend this can not be expected. [279]

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We have the satisfaction of Informing you, that we have got a very large quantity of Earth thrown up at the Presidents House, and that we shall soon set in to making bricks. The erection of a Bridge over Rock Creek, and turning the Post Road over it, has always appeared to us, as a measure which demanded our earliest attention. As we shall be in immediate want of a Wharf for the landing of Mateirals, we shall set about it as soon as the logs we have contracted for arrive. Our time at present will not per­ mit us to give our ideas more at large on the Several subjects you have suggested.—We shall take the earliest opportunity of adjusting the affair respecting Mr. Carrolls House.—Your ideas concerning the Importation of Germans and Highlanders meet with our approbation; and we shall be glad to Receive from you any plans you may have formed on the Subject, or calculation of the terms on which they can be had.—We hope the great objects which so immediately press on us at present, will be so far forwarded by another Spring, as to give us an opportunity of extending our ideas to many other matters than what at present offer themselves to our contemplation.—We have the honour to be with great respect & esteem, Sir, your Most Obt & very hble Servts, D D : STUART. DANL. CARROLL.

P.S. Your favor of the 9th. is just received.—NB. We had occasion break open this after it was seald.

R C ( D L C ) ; addressed but address leaf torn so that half of its text is missing; endorsed by T J as received 17 Mch. 1792 and so recorded in S J L . F C ( D N A : R G 42, D C L B ) . Although Washington at first suggested "2500. or 3000. dollars" as proper com­ pensation for L'Enfant, he shortly there­ after changed his mind. In A L E T T E R T O M R . S T U A R T , Washington asked whether the substitution of 500 guineas and a lot in the federal city would not be "more pleas­ ing, and less expensive" ( T J to Commis­ sioners, 6 Mch. 1792; George Washing­ ton to David Stuart, 8 Mch. 1792, Fitz­ patrick, Writings, xxxi, 507). The Commissioners' L E T T E R to L ' E n ­

fant was dated 14 Mch. 1792 ( D N A : R G 42, D C L B , reprinted in Kite, L'Enfant and Washington, p. 174). E L L I C O T T made his demands in his letter to the Commis­ sioners, 7 Mch. 1792, and they agreed to the request for his brothers' wages in theirs of 14 Mch. 1792 ( D N A : R G 42, D C L B ) . Although no action was taken against R O B E R D E A U , L'Enfant's dismissal also marked the end of his connection with the Federal District project. Lat­ er, Roberdeau joined L'Enfant in Alexan­ der Hamilton's enterprise of creating the industrial city of Paterson, N . J . (Kite, VEnfant and Washington, p. 161n, 172n). T J ' s F A V O R of 9 Mch., not recorded in S J L or S J P L , has not been found.

[280]

To Henry Lee SIR Philadelphia Mar. 14. 1792. The President having referred to me your letter of Feb. 16. covering information from Dr. Taylor as president of the Commrs. of the Marine hospital at Norfolk, informing you that a wing of that hospital is in readiness to be delivered to Congress I am obliged to ask your further information on the subject. Is it a new proposition? If it is, we can find no provision made by any law for such a case. Or has any thing passed before between the state and general government on the subject? If there has, we have not been able to find any traces of it so as to resume the matter. Your information hereon is asked, that we may know what is to be done.—I have the honor to be with the most perfect respect & esteem Your Excellency's most obedt. & most humble servt., T H : JEFFERSON R C (PHi); at foot of text: " H . E . Govr. Lee"; addressed: "His Excellency Gover­ nor Lee Richmond"; franked; postmarked: "14

M R " and

"FR[EE]"

;

endorsed.

PrC

( D L C ) . F C ( D N A : R G 360, D L ) . Lee's letter to the President had merely transmitted an extract from Dr. James Taylor, one of the commissioners of the

marine hospital ( C V S P , V , 130). T h e pro­ posed transfer of the marine hospital to the United States was not a N E W P R O P O ­ S I T I O N , but when first introduced in the House of Representatives in November 1791, it had been directed to the Secretary of the Treasury for consideration. Hamil­ ton reported on the matter on 17 Apr. 1792 (Syrett, Hamilton, xi, 294-7).

George Washington to Louis X V I VERY GREAT, GOOD, AND DEAR FRIEND AND ALLY. Philada. March 14th. 1792. I receive as a new proof of friendship to the United States, the let­ ter wherein you inform me that you have accepted the Constitution presented to you in the name of your nation, and according to which it is henceforth to be governed. On an event so important to your Kingdom, and so honorable to yourself, accept the offering of my sin­ cere congratulations, and of the Sentiments of the Senate and Repre­ sentatives of the United States expressed in their resolutions enclosed. We have watched, with the most friendly solicitude, the movements of your nation for the advancement of this happiness: we have regarded this great spectacle with the feelings natural to those who have them­ selves passed through like perils, and, with sincere satisfaction, we have seen this second occasion proclaim your majesty, a second time, the friend and patron of the rights of mankind. [281]

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That yourself, your family and people, under the edifice which you have now completed, may repose at length in freedom, happiness and safety, shall be our constant prayer; and that God may ever have you, great and dear friend and Ally, in his safe and holy keeping. Written at Philadelphia, this fourteenth day of March 1792, and of our Independence the sixteenth.—Your faithful friend and ally GEORGE WASHINGTON . By the President T H : JEFFERSON T r ( N N C ) ; "(Copy)" at head of text; docketed by Morris: "Copy Letter of the President of the United States to the K i n g of france of the 14 March 1792 with Resolutions of Senate and Repre­ sentatives therein referred to." Enclosures: (1) Resolution of the House of Repre­ sentatives, 10 Mch. 1792; signed by J . Trumbull, Speaker; noted in S J P L : "Res­ olution H.R. on acceptance of French con­ stitution by the King". (2) Resolution of

the Senate, 13 Mch. 1792; signed by Sam. A. Otis, Secy.; noted in S J P L : "Reso­ lution of Senate, on the K . of France's announcing acceptance of constitution". P r C ( D L C ) ; with enclosures. Noted in S J P L : "draught of letter from the Pres. to the K . of France". T h e sealed originals of these documents and copies for Gou­ verneur Morris' use were enclosed in T J to Morris, 10 Mch. 1792 (posted 14 Mch. 1792).

From John Page M Y DEAR SIR Philada. March 14th. 1792. I am sure I need not take up a Moment of your Time to tell you how much you have obliged me by lending me your Name on the present Occasion. Your indorsing this Note will enable me to take up the other at the Bank of N . America which will be delivered to Mr. Wheaton our Serjeant at Arms on the Day of negociating the Business at that Bank, when I will send it to you cancelled. I will take Care that you shall not be liable to pay a single Cent of it on Account of your much obliged Friend, JOHN PAGE R C ( M H i ) ; endorsed by T J as received 13 Mch. 1792 and recorded under that date in S J L , wherein the date of the letter is given as above. T J had co-signed the N O T E the pre­ vious day. Page assured him that he would not be called upon again if and when he renewed the note. When Page sent the note to T J on 16 Mch. he informed him that Joseph W H E A T O N ' S name had been added "as a Ceremony" when he received

the money at the bank (Page to T J , 16 Mch. 1792; R C in M H i ; endorsed by T J as received 16 Mch. 1792 and so recorded in S J L . Enclosure: Promissory note in Page's hand obligating himself to pay $630 at the Bank of the United States within sixty days from date, 14 Mch. 1792; signed by Page but most of the signature torn away as a cancella­ tion, and endorsed by both T J and Joseph Wheaton).

[282]

To George Walker SIR Philadelphia Mar. 14. 1792. Your favor of Mar. 9. came to hand yesterday with the letter from several of the proprietors of Georgetown desiring the reemployment of Majr. Lenfant, and were duly laid before the President. He would be happy to satisfy the wishes of those gentlemen wherever propriety and practicability admit. The retirement of Majr. Lenfant has been his own act. No body knows better than yourself the patience and condescensions the President used in order to induce him to continue. You know also how these were received on his part. When the Pres­ ident sent his secretary to take Majr. Lenfant's ultimate conditions, they were, as I informed you in my former letter, a dismission of the Commissioners, or his indépendance on them. Such conditions could produce one idea only; that his re-employment was never more to be thought of. That it was believed he might have been useful, the efforts to continue him have fully proved: but that the success of the enterprize depended on his employment, is impossible to be believed. The direc­ tion under which this business is, merits the confidence of the inhab­ itants of the place, and they will doubtless give it their confidence and cooperation. This will best promote their own interest, and encourage the friends of the enterprize by lessening the obstacles opposed to their endeavors. I am with great esteem Sir your most obedient humble servt., T H : JEFFERSON PrC (DLC).

From George Washington Wednesday afternoon 14th. Mar 1792 At the time Mr. Jeffersons letter to the President was put into his hands he was so much engaged as hardly to find time to read it. The general purport of it, however, he well recollects was agreeable to him [bu]t whether the following ideas if they are [not] already substantially expressed, might not with propriety be conveyed, Mr. Jefferson will judge of, and act accordingly. That no farther movement on the part of Government, can ever be made towards Majr. L'Enfant without prostration, which will not be done.—That the P thinks himself insulted in the answer given to his Secretary, who was sent to him for the express purpose of [283]

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removing some of his unfounded suspicions—viz "that he had already heard enough of this matter." No farther overtures will ever be made to this Gentln. by the Gov­ ernment; in truth it would be useless, for in proportion as attempts have been made to accomodate what appeared to be his wishes, he has receded from his own ground.—If therefore his conduct should change and a reinstatement of him is desired the only way to effect it is by a direct application to the Commissioners. R C ( D L C ) ; an ink blot on recto of the leaf affects two words; endorsed by T J as received 14 Mch. 1792 and recorded under that date in S J P L where the entry reads: " G . W . to T h : J . relating to Lenfant." The reference to T J ' s L E T T E R T O T H E is obscure; no letter from T J

PRESIDENT

to Washington for this period deals with the matters noted herein. However, T J may have shown Washington his letter on these subjects to George Walker of 14 Mch. before posting it. See also T J to Walker 26 Mch. for a reiteration of Wash­ ington's point that L'Enfant could only be re-employed by direct application to the commissioners.

From George Washington Wednesday [14 Mch. 1792] \ past 6 Oclock The P put Mr. J n's suggestions, respecting the Post Office, into the hands of the Postmaster Geni, yesterday and requested him to be here at half past Seven (Geni. Knox being soon after) this Morning.— If Mr. J is at leisure the P would be glad to see him here at the same time, on that business. R C ( D L C ) ; addressed: "Mr. Jefferson." Entry in S J P L reads: " G . W. to T h : J . on the proposal to increase rapidity of Post office."

From Daniel Carroll DEAR SIR, George Town March 15th. 1792 I think it proper to inform you that if nothing unforeseen prevents me, I shall visit Mr. Johnson in 3 or 4 days in order to take with him a further consideration of the Subjects of the dispatches, lately received, and which in part Doer. Stuart and myself have answered by the last Mail. You will observe we have taken the liberty of troubling you to have some matters carry'd into effect, and hope nothing effectual was wanting—time pressed us not to loose the post.—Doer. Stuart will meet me here on monday the 26th. Inst.—Mr. Johnson is a little [284]

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better than he has been.—I hope the approaching Season will entirely restore him.—Perhaps if the weather shou'd prove very favorable he may venture down with me, but I fear he is not well enough.—In order to bring some of the Subjects forward we have advertisd for proposals to be brought in against our meeting, viz for clearing &ca. the post road, and the erecting a Bridge over Rock Creek.—I am, Dear Sir, with very great respect & Sincere regard Yr. most Obet. Sert., DANL. CARROLL P.S. The employment of a Geni. Superintendant, appears to be imme­ diately necessary.—Have any thing come to yr knowledge that may assist us? RC (DLC); addressed, but leaf is torn so that half of address is lost; endorsed by T J as received 20 Mch. 1792 and so recorded in S J L .

At their meeting of 15 Mch., the Commissioners agreed to advertise for P R O P O S A L S in the Georgetown Weekly Ledger (DNA: R G 42, PC).

From Thomas Barclay Gibraltar, 16 Mch. 1792. Since his letter of 1 Mch. he has received further news from Tangier and Tetuan. Muley Yezid is dead, but Muley Ischem still lives. He doubts reports by supporters of Muley Slema that Muley Ischem is wounded and unwilling to contest the pretensions of Muley Slema because "it will be very strange if a Prince supported by three powerful Bashas, a Numerous Army, and well supplied by the Court of Spain, will acquiesce in becoming a Slave when he has so great a chance of making himself a Dispot." Muley Slema's departure from the sanctuary is still uncertain, but he has definitely received deputies from all the principal places in the kingdom of Fez and exercises sovereignty over it. He has dismissed the governor of Tetuan for shooting the Spanish interpreter at Ceuta and replaced Fenis with Ibn as basha of Tangier.—"Slema who I think will govern at least in the Kingdom of Fez, has upon the whole an amiable character. He is humane and temperate, religious and superstitious, a dutyful son to his mother and a lover of peace. He has expressed himself a friend to Commerce, and an enemy to every thing cruel or treacherous. An Alcayde who had attached himself to the late Emperor in a distinguished manner, upon the death of his Master retired to a sanctuary, but Slema sent him a Message applauding his conduct telling him he had nothing to fear, and expressing a wish that if ever himself should be reduced to distress, he might have a few such faithful Adherents as the Alcayde had been to his brother." —He plans to proceed to Morocco as soon as he learns that Muley Slema has been proclaimed Emperor at Fez and Mequinez. He intends to deal with Muley Slema and Muley Ischem if neither one is able to prevail over the other in the succession struggle. He thinks the U.S. need have nothing to do with Abderhaman, who governs Sus and Infilet with the title of Sultan, unless Americans happen to fall into his hands.—Muley Ousine, another son of the late Emperor Sidi Muhammad, also has pretensions to the imperial throne but 1

[285]

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has withdrawn from the contest for lack of support. With regard to Muley Yezid he mentions that "by the best and most Moderate accounts, the number of people he caused to be put to death, from his arrival before the City of Morocco untili he died, which was two weeks, exceeded twenty thousand, among whom were, without respect to age or Sex, all who had any connection with the late Effendi." 2

1

R C ( D N A : R G 59, C D ) ; 5 p.; at foot of text: "(No. 9). By way of Cadiz"; brackets and one interlineation in T J ' s hand in text (see notes 1 and 2); endorsed by T J as received 22 May 1792 and so recorded in SJL.

1

This portion in quotation marks was bracketed by T J and printed in National Gazette, 24 May 1792. T J wrote "Yezid" above this word. 2

From Charles Louis Clérisseau MONSIEUR Paris 16 mars 1792. Je prend la liberté de vous écrire pour me rapeller dans votre memoire et en même tems pour vous prouver que je saisirai toutes les occasions qui se présenteront pour vous faire connoitre les personnes qui pouroient vous estre de quelque utilité et qui pouroient mériter votre protection. L e porteur de la presente est Monsieur Gaultier, entrepreneur de bâtiments a paris qui vá s'établir en Amérique avec son épouse dans le canton de Straton, Districte de Suderlande, près d'Albani et de Benington dans un domaine de Mr. le baron de Rotembourg dont il a fait L'acquisition en Société avec plusieurs de ses amis, et dans le cas où ce pais nouveau pour Lui et sa famille lui offriroit quelque Obstacle, je vous supplie de vouloir bien lui rendre les Services qui pouroient dépendre de vous, je vous en aurai la plus grande obligation. J'ai tout lieu d'espérer que vous daignerés m'excuser de la liberté que je prend et Suis avec le plus profond respect Monsieur Votre tres humble tres obeisant Serviteur, CLÉRISSEAU R C (MHi); endorsed by T J as received 21 Nov. 1792 and so recorded in S J L .

To James Madison T H : J . TO J . M . Mar. 16. 92. I inclose you my thoughts on a subject extremely difficult, and on which I would thank you for any observations. The exchange of criminals is so difficult between a free and an arbitrary government, that [286]

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England never would consent to make a convention with any state on the subject. It has accordingly been hitherto the asylum of all fugitives from the oppressions of other governments. The subject is forced on us by the importunities of Govr. Pinkney, and in a day or two I must report on it to the President.—I will call for you a little before 4. to­ day. R C ( D L C : Madison Papers); addressed: "Mr. Madison." Not recorded in S J L or S J P L .

T J enclosed a copy of his Report on Proposed Convention with Spain Concerning Fugitives, 22 Mch. 1792.

To Thomas Mann Randolph, Jr. DEAR SIR Philadelphia Mar. 16. 1792. I have duly received your favor of the 22d. of Feb. and thank you for the information it conveyed respecting my sale. The winter having been so long and severe has I imagine committed sad havoc on our stocks, and the more so as it succeeded an unfavorable summer. Here the unmonied farmer, as he is termed, his cattle and crops are no more thought of than if they did not feed us. Scrip and stock are food and raiment here. Duer, the king of the alley, is under a sort of check. The stocksellers say he will rise again. The stock buyers count him out, and the credit and fate of the nation seem to hang on the desperate throws and plunges of gambling scoundrels. The fate of the representation bill is still undecided. I look for our safety to the broad representation of the people which that shall bring forward. It will be more difficult for corrupt views to lay hold of so large a mass.—You will perceive by the papers that France is arming on her frontier. I do not apprehend that the emperor will meddle at all.—Knowing that your post leaves Richmond on the Thursday or Friday, I shall change the day of my writing from Sunday to Thursday or Friday, so that you may have the papers fresher. I am now on a plan with the postmaster general to make the posts go from hence to Richmd. in two days and a half instead of six, which I hope to persuade him is practicable. My love to my dear Martha. Your's affectionately Dear Sir, T H : JEFFERSON P.S. Be so good as to hurry Clarke to get down his tobo, as I have ordered it round to this place. R C ( D L C ) ; addressed: "Thos. Mann Randolph junr. esq. Monticello." Randolph's of 22 Feb. has not been found, nor is it entered in S J L .

FAVOR

[287]

From Henry Remsen DEAR SIR New York March 16th. 1792 Messrs. Brothers, Coster & Co., the merchants to whose care the late packets of journals, gazettes, &c. for Mr. Short and Mr. Carmichael were addressed, inform me that their vessel bound to Am­ sterdam will sail on or about the 20th. or 21st. Any further letters and packets therefore destined for these gentlemen, if sent to me by post, shall be delivered to them: and I think I can assure you, the danger of the sea excepted, that the conveyance is perfectly safe. The papers to be sent to Mr. Short respecting the intended Spanish négociation are ready at the office whenever you chuse to call for them. I delivered your note and message, Sir, to Mr. Baehr. The melancholy event of my father's death, which happened about two hours after my arrival on the 13th. inst:, together with the low state of health of one of my brothers, and the distress of my mother and the family, must be my apology for not returning so early as I expected in this busy season. I purpose however to return in the course of the present month, and beg to be honored with any matters you may wish to have executed here in the interim. The Attorney General proposed to give me an order for the receipt of a box of valuable manuscripts, which I understood him you was interested in, and which had got here thro' some mistake or accident. He however omitted to do it. If he will furnish me with such order, and a direction by what route to forward it to Philada. I will immediately attend to it. The conveyance by Amboy and Burlington will be a little more expensive than direct by water, but at the same time more safe.— I have the honor to be with sincere respect & attachment Dear Sir Your obliged and obedient Servt., HENRY REMSEN RC (DLC); endorsed by T J as received 17 Mch. 1792 and so recorded in SJL. TJ's N O T E A N D M E S S A G E to Christian Baehr are not recorded in S J L and have

not been found. Baehr's 21 Mch. response, which is recorded in S J L as received 24 Mch. 1792, has also not been located. Following his F A T H E R ' S D E A T H , Remsen ceased using "Jr." in his signature.

To Jerman Baker DEAR SIR Philadelphia Mar. 17. 1792. The inclosed letter from Dr. Witherspoon came to hand soon after I had written mine of the 12th. to you on the subject. I have only therefore as an appendix to that letter to inclose it to you and ask [288]

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an explanation on the subject of board as early as you can send it, that it may be forwarded in time to the Doctor. I am to add that the same doubt had arisen here with Mr. Patterson, and was one of the causes why the proposals were declined here. I am with great & sincere esteem Dr. Sir Your friend & servt., T H : JEFFERSON P r C ( M H i ) . T h e I N C L O S E D L E T T E R from Witherspoon of 15 Mch. 1792, recorded in S J L as received 16 Mch., has not been found.

To John Joseph de Barth SIR Philadelphia Mar. 17. 1792. The troubles of France and the islands forcing many of your nation to this country in quest of quiet, and the first object on their arrival being to purchase lands for a settlement, I take the liberty of putting the inclosed paper into your hands, presuming you will generally be acquainted with those in want of a settlement. The paper contains the description of an estate of mine, which I wish to dispose of, because it is too small and too distant from my principal estates to be an object. Indeed I have kept it hitherto on account of it's beauty, and the abundance of wild fowl and game (gibier) which induced me to go to it sometimes on hunting parties. My present situation renders these properties of it useless, and I can better employ otherwise the sum at which it is valued. Should any of your friends therefore want such an estate, you will oblige me by communicating to them the inclosed description, the truth of which I vouch. You are sensible how much better it is for a foreigner to settle in the inhabited coun­ try, on lands ready cleared and convenient to market: and I dare say you are apprised of the superiority of the climate of the middle parts of Virginia. The climate and country would particularly suit the islanders, who may have slaves of their own.—Pardon the trouble I give you, Sir, which I desire may be nothing more than to lay this paper by, and to recollect it when you shall hear any of your country­ men express a wish to buy a settlement: and accept assurances of the esteem with which I have the honour to be, Sir, your most obedient & most humble servt., T H : JEFFERSON PrC (DLC).

[289]

From David Humphreys Lisbon, 17 Mch. 1792. There has been no material change in the Queen's condition during the last eleven days. She is slightly more tranquil as a result of several yachting trips on the Tagus. Dr. [John] Willis just arrived and was presented to the diplomatic corps last night at Mr. Walpole's residence. After that Walpole immediately took the doctor to meet the secretary of state for foreign affairs. "The changes in the Administration of Spain, and the causes which pro­ duced them still continue to be frequent topics of conversation here. But in the midst of so many contradictory rumours, I cannot yet discover the Truth. It was, at one time, pretended, that the measure was instantaneously adopted in consequence of the arrival of the Chevr. Bourgoyne, with an extraordinary Commission of Envoy from the French King; but he had not arrived. At another time the change was imputed to insidious practices of the Compte de Florida Blanca to excite clamours against Godoi, the Queen's favourite. I believe it is a fact, there were some Collections of People who clamoured loudly against the favourite, and who proceeded to some outrages in breaking lamps &c: but, whether any arts had been used to excite them, I know not. In waiting for farther éclaircissement, I have the honor to enclose the Gazettes of Madrid in conformity to your direction." The Gazettes of Lisbon are less reserved about French affairs than in the past and even contain items favorable to the United States.—He has followed a policy of having consular business transacted by the same persons and in the same manner as before his arrival. Lately, however, there have been one or two objections to paying the customary charges. He told [Jacob] Dohrman that the issue would be settled by the consular bill now before Congress and encloses papers Nos. 1 and 2 to explain the matter further. Whoever hereafter performs the same duties and services as [Samuel] Harrison will not be able to do so full time for less than six milreis per vessel.—He encloses paper No. 3 describing his temporary appointment of Dohrman to translate into Portuguese "some Manuscripts . . . containing Enquiries on the state of this Kingdom." RC (DNA: RG 59, DD); 4 p.; at head of text: "(No. 48)"; at foot of text: "The Secretary of State." Tr (same). Endorsed by T J and recorded in S J L as received 26 Apr. 1792. Enclosures: (1) Jacob

Dohrman to Humphreys, 6 Mch. 1792; (2) James Lovell and William C. Houston to A. H. Dohrman, 11 July 1780; and (3) Humphreys to Dohrman, 5 July 1791.

To Daniel L. Hylton DEAR SIR Philadelphia Mar. 17. 1792. Haunted nightly by the form of our friend Hanson, and anxious to be clear of him, I could not avoid noticing the inclosed advertisement of Mr. Banks, and supposing it may be satisfied by mine for the sale of my E l k hill lands, which answer pretty well his demand. T h e sale of these lands would exactly complete the provision for the last shilling [290]

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of Hanson's demand. You can readily judge therefore how interesting an event it would be to me, and excuse my troubling you to offer the lands to Mr. Banks. No considerable abatement can be made in the price. I am offering it here to a French gentleman for 6000. dollars. A speedy answer will oblige Dear Sir your friend & servt., T H : JEFFERSON P r C (MHi). The day.

FRENCH GENTLEMAN

is J . J . de Barth, to whom T J wrote the same

From George Taylor, Jr. SIR Philadelphia March 17th. 1792. I have just been informed by Mr. C . Burrall that he has reced. a let­ ter from his Brother the Cashier, mentioning, among others, that Mr. Remsen upon application was appointed last Wednesday 1st. Teller to the Branch of the United States Bank, at New York, with a Salary of 1250 dollars. This being the case, you will probably soon have numerous applications for the Chief Clerkship of your department. As in seeking offices disappointments more frequently take place from a mistaken diffidence than an over forwardness in the applicant, and conceiving that you may not be fully informed of the appointments I have held hitherto, I hope I shall not be considered as committing the latter, while I endeavor to avoid the former Error. Permit me therefore to request your indulgence in relating, and to hope that the following facts may have their due weight in the appointment of a Successor to Mr. Remsen. 1st. That in the years 1779-80, and part of 81, I served as an Assistant Quarter master in the State of New York. 2nd. That in 81 and part of 82 I served as principal assist, to the agent of that State. 3rd. That in 1782 and 83 I served as a Clerk to the recording Secretary to His Excellency General Washington, and had the honor to be made choice of by the General, in a letter to him which he shewed me, as the person out of the three then for some time employed, who alone should record his own private letters-, letters, the matter of which at this day I conceive to be secrets of high importance. 4th. That I have had the honor to be appointed a Clerk in the office of your predecessor Mr. Jay upwards of seven years ago, and that of being continued by you on his recommendation. To the above I would beg leave to add that I have studiously endeavored to qualify myself for executing the duties of the office with [291]

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accuracy and dispatch, and that I have found my salary an inadequate support for my family.—I have the honor to be with every Sentiment of respect, Sir Your most obedient and most humble Servant GEO: TAYLOR JR RC ( D L C : Washington Papers); endorsed by T J as received 17 Mch. 1792 and so recorded in S J L . On this date Tay­ lor wrote to Washington: " . . . permit me to enclose the copy of a letter I have just now written to Mr. Jefferson, and as far as may be consistent, to solicit the favor of your Influence and Support, in obtain­ ing the object of it" ( R C in D N A : R G 59, M L R ; endorsed by Lear); enclosure: copy of Taylor's letter to T J in Taylor's hand (same). T J drew up an official notice of the appointment of Taylor as chief clerk for the Dept. of State on 1 Apr. 1792 ( P r C in D L C ; F C in D N A : R G 360,

D L ) ; he also wrote to Taylor on the same day and noted it in S J L , but the letter has not been found. On 2 Apr. 1792, Taylor wrote to T J acknowledging the honor of his appointment ( R C in D L C , endorsed by T J as received 2 Apr. 1792 and so recorded in S J L ) . Jonathan Burrall was the B R O T H E R of Charles Burrall, assistant to Postmaster General Timothy Pickering (Charles Bur­ rall to George Washington, 6 Jan. 1795, D L C : Washington Papers; Syrett, Hamil­ ton, X I I , 79n).

From Joel Barlow SIR London 18 March 1792 I know not what apology to offer for troubling you so often with my publications. I sent you last month a pamphlet, called "Advice to the Privileged Orders" &c. I beg you now to accept a little poem entitled, The Conspiracy of Kings. Though one of my Kings died while the Poem was in the press, it was not my fault. If this had been the case with all of them, I should have been willing to have suppressed the publication for so good a cause.—I am Sir with great respect your obet. servt., J . BARLOW R C ( D L C ) ; endorsed by T J as received 8 June 1792 and so recorded in S J L . Barlow sent T J a copy of the first edition of his The Conspiracy of Kings;

A Poem Addressed to the Inhabitants of Europe, from Another Quarter of the World (London, 1792). See Sowerby, No. 2825. Emperor Leopold I I was the recently deceased monarch alluded to by Barlow.

To William Carmichael and William Short GENTLEMEN Philadelphia Mar. 18. 1792. The President having thought proper to appoint you joint Commis­ sioners Plenipotentiary, on the part of the U . S . to treat with the court [292]

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of Madrid on the subjects of the navigation of the Missisipi, arrange­ ments on our limits, and commerce, you will herewith receive your commission; as also Observations on these several subjects reported to the President and approved by him, which will therefore serve as instructions for you. These expressing minutely the sense of our gov­ ernment, and what they wish to have done, it is unnecessary for me to do more here than desire you to pursue these objects unremitting­ ly, and endeavor to bring them to an issue in the course of the ensu­ ing summer. It is desireable that you should keep an exact journal of what shall pass between yourselves and the court or their negotiator, and communicate it from time to time to me; that your progress and prospects may be known. You will be the best judges whether to send your letters by Lisbon, Cadiz, or what other route: but we shall be anxious to hear from you as often as possible. If no safe conveyance occurs from Madrid to Lisbon, and your matter should be of impor­ tance sufficient to justify the expence, a courier must be sent: but do not incur the expence unless it be to answer some good end.—I have the honour to be with great & sincere esteem, gentlemen your most obedient & most humble servant, T H : JEFFERSON P r C ( D L C ) ; at foot of text: "Messieurs Carmichael & Short." Dupl ( D L C : Short Papers); in clerk's hand except for signature; endorsed by Short as received at T h e Hague, 28 Nov. 1792. F C ( D N A : R G 59, D C I ) .

From David Humphreys Lisbon, 18 Mch. 1792. He has just read the following intelligence about Morocco in a letter from a respectable person at Gibraltar. Last month the armies of Muley Yezid and Muley Ischem fought in battle and both brothers died as a result of the clash. A third brother, Muley Slema, who is said to be more inclined to peace with all nations than either of his brothers, has supposedly been proclaimed Emperor at Tangier. The same letter mentions the 22nd instant as the date agreed to for the delivery of Oran to Algiers.—He has not heard lately from Thomas Barclay but has no reason to doubt Barclay is still at Gibraltar.—The diplomatic corps attended the palace last evening to inquire about the Queen's condition. Dr. Willis has declared that she is not incurable and has dismissed the other physicians who had been attending her. R C ( D N A : R G 59, D D ) ; 2 p.; at head of text: "(No. 49)"; at foot of text: "The Secretary of State"; endorsed by T J as received 15 May 1792 and so recorded in

S J L . T r (same). An extract of this letter was printed in National Gazette of 21 May 1792.

[293]

From Thomas Mann Randolph, Jr. DEAR SIR Monticello March 18. 1792. I take the liberty to make a request which nothing should induce me to make, were I not convinced that it could not occasion any con­ siderable inconvenience or trouble to you. In consequence of some pecuniary transactions with Mr. Archibald C . Randolph I am applied to for a bill on Philadelphia of forty Dollars and eighty three Cents to discharge a debt of his to Mr. Benjamin S. Barton of that city. My request is that you will honor my bill for that sum and expect reim­ bursement when your Tobacco comes round which will be expedited according to your direction as much as possible. For that purpose I shall cause to be put into the hands of Mr. Hylton a Hhd of mine ascertained by a second inspection to be of a quality proper for the Philada. market. It was my intention to have sent the whole thither but my Father wishes to take the remainder if we can agree on the price and indeed there is an expectation of a considerable rise as the Spring advances. I am sorry to inform you that you have lost considerably by the Weevil both in Albemarle and Bedford. I do not know exactly the damage at Poplar Forest but at this place except 500 bushels which were ground early in Autumn the Wheat has been so injured as to be unfit for flour and has been purchased by Colo. Lewis for his distillery at £ Dollar per Bushel. In disposing of it thus you have been fortunate. 1 have now 816 bushels at Varina which is so injured that a person who engaged the purchase of it in September refuses to take it off my hands at any price. Instead of 2 0 4 £ which I should have derived from it at the moderate rate of 5/ per Bushel, I am told that when converted into Ship stuff or Seconds it may yield me 60 or 70£. My apprehensions expressed in a former letter that the severity of the Winter has not lessened, as much as is generally thought, the numbers of this destructive insect, are partly confirmed, I fear, by observation. On the 6. inst. I took from a parcel of the Wheat of Varina 12 grains, selecting such as I knew to contain the Insects. On opening and carefully examining these grains I found the state of their inhabitants to be as follows, 4 caterpillars plump and abounding in juices but motionless, which I supposed to be alive tho' not yet recovered from their torpor. 2 caterpillars alive, moving and continuing to move when taken from the grain. The dry remains of 2 other caterpillars. One Nymph plump, in good case. N . in this state all insects I believe are motionless. [294]

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The remains of three Nymphs. The torpid caterpillars did not revive when placed in the sun but from my awkwardness and the clumsiness of my instruments they had been roughly handled in extraction, and on that day the Sun was not powerfull. The common opinion, that the winged insect lived thro' the winter and propagated in another summer, (which you recollect I combated from the first with the probable analogy to other insects of the same form and appearance, with which we were better acquaint­ ed), I am now allmost convinced is erroneous, for upon exact search into many heaps of Chaff and Straw, where the dead were innumerable I could not find one alive. An Intermission in the post occasioned our receiving two packets at once from you, the last post day and deprived us of the usual weekly conveyance. As the post Office bill has not yet taken effect I have inclosed two letters to you one for the British packet: after that it seems it will be improper.—I am Sir your most affectionate friend & Servt., THOS. MANN RANDOLPH R C (MHi); endorsed by T J as received 31 Mch. 1792 and so recorded in S J L . The

POST OFFICE

BILL

use of all non-government methods of mail delivery within the United States (Annals, in, 1337).

made illegal the

To Henry Remsen DEAR SIR Philadelphia Mar. 18. 1792. I have duly recieved yours of the 16th. inst. and sincerely condole with you on the great loss you have sustained. Experience, however, in the same bitter school has taught me that it is not condoléance, but time and silence alone which can heal those wounds. I beg you not to hasten your return to this place earlier than your own feelings and the affairs of your family may dictate, as we can get along with the business of the office.—I inclose you the order from Mr. Randolph, and will thank you for particular attention to the box of books, as there are among them some antient volumes of manuscript records and papers which exist no where else, and are of great consequence. I also trouble you with the dispatches for Mr. Short, put under cover to the Van Staphorsts into whose hands I wish the Captain would deliver them himself. I am with great esteem Dr. Sir Your sincere friend & servt., T H : JEFFERSON P r C (MHi).

[295 ]

Report on Negotiations with Spain The appointment of Mr. Carmichael and Mr. Short as Commission­ ers to negocíate with the court of Spain a treaty or convention relative to the navigation of the Missisipi, and which perhaps may be extended to other interests, rendering it necessary that the subjects to be treated of should be developed, and the conditions of arrangement explained, the Secretary of state REPORTS to the President of the United States the following OBSERVATIONS on the subjects of négociation between the U.S. of America and the court of Spain, to be communicated by way of instruction to the Commissioners of the U . S . appointed as beforementioned to manage that négociation. These subjects are I. Boundary. I I . The Navigation of the Missisipi. I I I . Commerce. I. As to Boundary, that between Georgia and Florida, is the only one which will need any explanation.—Spain sets up a claim to possessions within the state of Georgia, founded on her having rescued them by force from the British, during the late war. The following view of that subject seems to admit no reply. The several states, now composing the U . S . of America, were, from their first establishment, separate and distinct societies, dependant on no other society of men whatever. They continued at the head of their respective governments the executive magistrate who presided over the one they had left, and thereby secured in effect a constant amity with that nation. In this stage of their government, their several boundaries were fixed, and particularly the Southern boundary of Georgia, the only one now in question, was established at the 31st. degree of lati­ tude from the Apalachicola Westwardly; and the Western boundary, originally the Pacific ocean, was, by the treaty of Paris, reduced to the middle of the Missisipi. The part which our chief magistrate took in a war waged against us by the nation among whom he resided, obliged us to discontinue him, and to name one within every state. In the course of this war, we were joined by France as an ally, and by Spain and Holland as associates having a common enemy. Each sought that common enemy wherever they could find him. France, on our invitation, landed a large army within our territories, continued it with us two years, and aided us in recovering sundry places from the possession of the enemy, but she did not pretend to keep possession of the places rescued. Spain entered into the remote Western part of our 1

2

3

4

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territory, dislodged the common enemy from several posts they held therein, to the annoyance of Spain, and perhaps thought it necessary to remain in some of them, as the only means of preventing their return. We in like manner dislodged them from several posts in the same West­ ern territory, to wit Vincennes, Cahokia, Kaskaskia & c , rescued the inhabitants, and retained constantly afterwards both them and the ter­ ritory under our possession and government. At the conclusion of the war, Great Britain, on the 30th. of Nov. 1782. by treaty acknowleged our indépendance and our boundary, to wit, the Missisipi to the West, and the completion of the 31st. degree &c. to the South. In her treaty with Spain, concluded seven weeks afterwards, to wit, Jan. 20. 1783. she ceded to her the two Floridas, (which had been defined in the Proclamation of 1763.) and Minorca: and by the 8th. article of the treaty, Spain agreed to restore without compensation, all the territories conquered by her, and not included in the treaty either under the head of cessions or restitutions, that is to say, all except Minorca and the Floridas. According to this stipulation, Spain was expressly bound to have delivered up the possessions she had taken within the limits of Georgia to Great Britain, if they were conquests on Great Britain, who was to deliver them over to the U.S. or rather she should have delivered them to the U.S. themselves, as standing, quoad hoc, in the place of Gr. Britain: and she was bound by natural right to deliver them to the same U.S. on a much stronger ground, as the real and only proprietors of those places which she had taken possession of, in a moment of danger, without having had any cause of war with the U.S. to whom they belonged, and without having declared any: but on the contrary, conducting herself in other respects as a friend and associate. Vattel. L . 3. 122. 5

6

It is an established principle that Conquest gives only an inchoate right, which does not become perfect till confirmed by the treaty of peace, and by a renunciation or abandonment by the former proprietor. Had G r . Britain been that former proprietor, she was so far from confirming to Spain the right to the territory of Georgia invaded by Spain, that she expressly relinquished to the U.S. any right that might remain in her, and afterwards completed that relinquishment by procuring and consolidating with it the agreement of Spain herself to restore such territory without compensation.—It is still more palpable that a war existing between two nations, as Spain and G r . Britain, could give to neither the right to seize and appropriate the territory of a third, which is even neutral, much less which is an associate in the war, as the U . S . were with Spain. See on this subject Grotius L . 3. c. 6. §.26. Puffend. L . 8. c. 6. §.17. 23. Vattel L . 3. §.197. 198. [297]

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On the conclusion of the general peace, the U . S . lost no time in requiring from Spain an evacuation of their territory. This has been hitherto delayed by means which we need not explain to that court, but which have been equally contrary to our right and to our consent. Should Spain pretend, as has been intimated, that there was a secret article of treaty between the U . S . and G r . Britain, agreeing if, at the close of the war, the latter should retain the Floridas, that then the Southern boundary of Georgia should be the completion of the 32d. degree of North latitude, the Commissioners may safely deny all knolege of the fact, and refuse conference on any such postulatum. Or should they find it necessary to enter into argument on the subject, they will of course do it hypothetically; and in that way, may justly say on the part of the U . S . 'suppose that the U . S . exhausted by a bloody and expensive war with G . Britain, might have been willing to have purchased peace by relinquishing, under a particular contingency, a small part of their territory, it does not follow that the same U . S . recruited and better organised, must relinquish the same territory to Spain, without striking a blow. The U . S . too have irrevocably put it out of their power to do it by a new constitution, which guarantees every state against the invasion of it's territory. A disastrous war indeed might, by necessity, supercede this stipulation, (as necessity is above all law) and oblige them to abandon a part of a state. But nothing short of this can justify, or obtain such an abandonment.' The Southern limits of Georgia depend chiefly on 1. the Charter of Carolina to the Lords proprietors in 1663. extend­ ing Southwardly to the river Matheo, now called St. John's, supposed in the charter to be in Lat. 31.° and so West in a direct line as far as the South Sea. See the charter in 4. * Mémoires de l'Amérique. 554. 2. on the Proclamation of the British king in 1763. establishing the boundary between Georgia and the two Floridas, to begin on the Missisipi in 31.° of lat. North of the equator, and running Eastwardly to the Apalachicola; thence along the sd. river to the mouth of the Flint, thence, in a direct line, to the source of St. Mary's river, and down the same to the ocean. This Proclamation will be found in Postlethwayte, voce 'British America.' 3. on the treaties, between the U . S . and G r . Britain, of Nov. 30. 1782. and Sep. 3. 1783. repeating and confirming these antient boundaries. There was an intermediate transaction, to wit, a Convention con* M r . Short is desired to purchase this book at Amsterdam, or Paris, as he may not find it at Madrid, and when it shall have answered the purposes of this mission, let it be sent here for the use of the Secretary of state's office.

[298]

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eluded at the Pardo in 1739. whereby it was agreed that Ministers plenipotentiary should be immediately appointed by Spain and G r . Britain for settling the limits of Florida and Carolina. The Convention is to be found in the collections of treaties: but the proceedings of the Plenipotentiaries are unknown here. Qu. if it was on that occasion that the Southern boundary of Carolina was transferred from the latitude of Matheo or St. John's river, further North to the St. Mary's? or was it the Proclamation of 1763. which first removed this boundary? [If the Commissioners can procure in Spain, a copy of whatever was agreed on in consequence of the Convention of the Pardo, it is a desireable state-paper here.] To this demonstration of our rights, may be added the explicit declaration of the court of Spain that she would accede to them. This took place in conversations and correspondence thereon between Mr. Jay, M . P. for the U . S . at the court of Madrid, the Marquis de la Fayette, and the count de Florida Blanca. Monsr. de la Fayette, in his letter of Feb. 19. 1783. to the Count de Florida Blanca, states the result of their conversations on limits in these words. 'With respect to limits, his Catholic majesty has adopted those that are determined by the preliminaries of the 30th. of Nov. between the U . S . and the court of London.' The Ct. de Florida bianca, in his answer of Feb. 22. to M . de la Fayette, says, 'Altho' it is his Majesty's intentions to abide for the present by the limits established by the treaty of the 30th. of Nov. 1782. between the English and the Americans, the king intends to inform himself particularly whether it can be in any ways inconvenient or prejudicial to settle that affair amicably with the U.S.' And M . de la Fayette in his letter of the same day to Mr. Jay, wherein he had inserted the preceding, says, 'on recieving the answer of the Count de Florida Blanca (to wit, his answer beforementioned to M . de la Fayette) I desired an explanation respecting the addition that relates to the limits. I was answered that it was a fixed principle to abide by the limits established by the treaty between the English and the Americans: that his remark related only to mere unimportant details, which he wished to recieve from the Spanish Commandants, which would be amicably regulated, and would by no means oppose the general principle. I asked him before the Ambassador of France [M. de Montmorin] whether he would give me his word of honor for it? He assured me he would, and that / might engage it to the U.S.' See the report sent herewith. 7

1

II. The Navigation of the Missisipi. Our right to navigate that river, from it's source to where our Southern boundary strikes it, is not questioned. It is from that point [299]

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downwards only, that the exclusive navigation is claimed by Spain; that is to say, where she holds the country on both sides, to wit, Louisiana on the West, and Florida on the East. Our right to participate in the navigation of that part of the river also, is to be considered under 1. the Treaty of Paris of 1763. 2. the Revolution treaty of 1782. 3. 3. the law of Nature and Nations. 1. The war of 1755.-1763. was carried on jointly by Gr. Britain and the 13. colonies, now the U . S . of America, against France and Spain. At the peace which was negociated by our common magistrate, a right was secured to 'the subjects of Gr. Britain (the common designation of all those under his government) to navigate the Missisipi, in it's whole breadth and length, from it's source to the sea; and expressly that part which is between the island of New Orleans, and the right bank of that river; as well as the passage both in and out of it's mouth; and that the vessels should not be stopped, visited or subjected to the payment of any duty whatsoever.' These are the words of the treaty Article V I I . Florida was at the same time ceded by Spain, and it's extent Westwardly was fixed to the lakes Pontchartrain and Maurepas, and the river Missisipi: and Spain recieved soon after from France a cession of the island of New Orleans, and all the country she held Westward of the Missisipi: subject of course to our right of navigating between that country and the island, previously granted to us by France. This right was not parcelled out to us in severalty, that is to say, to each the exclusive navigation of so much of the river as was adjacent to our several shores, in which way it would have been useless to all; but it was placed on that footing, on which alone it could be worth any thing, to wit, as a right to all to navigate the whole length of the river in common. The import of the terms, and the reason of the thing, prove it was a right of common in the whole, and not a several right, to each, of a particular part. To which may be added the evidence of the stipulation itself, that we should navigate between New Orleans and the Western bank, which being adjacent to none of our states, could be held by us only as a right of common.—Such was the nature of our right to navigate the Missisipi, as far as established by the treaty of Paris. 2. In the course of the Revolution-war, in which the thirteen colonies, Spain and France were opposed to Great Britain, Spain took possession of several posts held by the British in Florida. It is unneces­ sary to enquire whether the possession of half a dozen posts scattered thro' a country of seven or eight hundred miles extent, could be con[300]

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sidered as the possession and conquest of that country. If it was, it gave still but an inchoate right, as was before explained, which could not be perfected but by the relinquishment of the former possessor at the close of the war. But certainly it could not be considered as a conquest of the river, even against Gr. Britain since the possession of the shores, to wit of the island of New Orleans on the one side, and Louisiana on the other, having undergone no change, the right in the water would remain the same, if considered only in it's relation to them: and if con­ sidered as a distinct right, indépendant of the shores, then no naval victories obtained by Spain over Gr. Britain in the course of the war, gave her the colour of conquest over any water which the British fleet could enter. Still less can she be considered as having conquered the river as against the U.S. with whom she was not at war. We had a common right of navigation in the part of the river between Florida, the island of New Orleans and the Western bank, and nothing which passed between Spain and G r . Britain, either during the war, or it's conclusion, could lessen that right. Accordingly at the treaty of Nov. 1782. G r . Britain confirmed the rights of the U.S. to the navigation of the river, from it's source to it's mouth, and in Jan. 1783. compleated the right of Spain to the territory of Florida, by an absolute relinquishment of all her rights in it. This relinquishment could not include the navigation held by the U.S. in their own right, because this right existed in themselves only, and was not in G r . Britain. If it added any thing to the rights of Spain respecting the river between the Eastern and Western banks, it could only be that portion of right which G r . Britain had retained to herself in the treaty with the U . S . held seven weeks before, to wit, a right of using it in common with the U . S . 8

So that as by the treaty of 1763. the U . S . had obtained a common right of navigating the whole river, from it's source to it's mouth; so by the treaty of 1782. that common right was confirmed to them by the only power who could pretend claims against them founded on the state of war. Nor has that common right been transferred to Spain by either conquest or cession. But our right is built on ground still broader, and more unquestion­ able, to wit, 3. on the law of Nature and Nations. If we appeal to this, as we feel it written in the heart of man, what sentiment is written in deeper characters, than that the Ocean is free to all men, and the Rivers to all their inhabitants? Is there a man, savage or civilized, unbiassed by habit, who does not feel and attest this truth? Accordingly, in all tracts of country united [301]

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under the same political society, we find this natural right universally acknoleged and protected, by laying the navigable rivers open to all their inhabitants. When their rivers enter the limits of another society, if the right of the upper inhabitants to descend the stream is in any case obstructed, it is an act of force by a stronger society against a weaker, condemned by the judgment of mankind. The late case of Antwerp and the Scheid was a striking proof of a general union of sentiment on this point: as it is believed that Amsterdam had scarcely an advocate out of Holland. And even there it's pretensions were advocated on the ground of treaties, and not of natural right. The Commissioners would do well to examine thoroughly what was written on this occasion. The Commissioners will be able perhaps to find either in the practice or the pretensions of Spain as to the Douro, Tagus and Guadiana, some acknolegements of this principle on the part of that nation.— This sentiment of right in favor of the upper inhabitants must become stronger in the proportion which their extent of country bears to the lower. The U.S. hold 600,000 square miles of habitable territory on the Missisipi and it's branches; and this river and it's branches affords many thousands of miles of navigable waters, penetrating this territory in all it's parts. The inhabitable grounds of Spain below our boundary, and bordering on the river, which alone can pretend any fear of being incommoded by our use of the river, are not the thousandth part of that extent. This vast portion of the territory of the U . S . has no other outlet for it's productions, and these productions are of the bulkiest kind. And in truth their passage down the river, may not only be innocent as to the Spanish subjects on the river, but cannot fail to enrich them far beyond their present condition. The real interests then of all the inhabitants, upper and lower, concur in fact with their rights. 9

If we appeal to the law of nature and nations, as expressed by writers on the subject, it is agreed by them that, were the river, where it passes between Florida and Louisiana, the exclusive right of Spain, still an innocent passage along it is a natural right in those inhabiting it's borders above. It would indeed be what those writers call an imperfect right, because the modification of it's exercise depends in considerable degree on the conveniency of the nation thro' which they are to pass. But it is still a right as real as any other right however well defined: and were it to be refused, or to be so shackled by regulations not necessary for the peace or safety of it's inhabitants, as to render it's use impracticable to us, it would then be an injury, of which we should be entitled to demand redress. The right of the upper inhabitants to use this navigation is the counterpart to that of those possessing the shores below, and founded in the same natural relations with the soil [302]

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and water, and the line at which their rights meet is to be advanced or withdrawn, so as to equalize the inconveniencies resulting to each party from the exercise of the right by the other. This estimate is to be fairly made, with a mutual disposition to make equal sacrifices, and the numbers on each side are to have their due weight in the estimate. Spain holds so very small a tract of habitable land on either side below our boundary, that it may in fact be considered as a streight of the sea. For tho' it is 80. leagues from our boundary to the mouth of the river, yet it is only here and there, in spots and slips, that the land rises above the level of the water in times of inundation. There are then, and ever must be so few inhabitants on her part of the river, that the freest use of it's navigation may be admitted to us without their annoyance. For authorities on this subject see Grot. ch. 12. c. 2. §.11. 12. 13. c. 3. §.7. 9. 12. Puffend. L . 3. c. 3. §.3. 4. 5. 6. WolfFs inst. §.310. 311. 312. Vattel L . 1. §.292. L . 2. §.123. to 139. It is essential to the interests of both parties that the navigation of the river be free to both, on the footing on which it was defined by the treaty of Paris, viz. thro' it's whole breadth. The channel of the Missisipi is remarkeably winding, cross­ ing and recrossing perpetually from one side to the other of the general bed of the river. Within the elbows thus made by the channel, there is generally an eddy setting upwards, and it is by taking advantage of these eddies and constantly crossing from one to another of them, that boats are enabled to ascend the river. Without this right, the whole river would be impracticable both to the Americans and the Spaniards. It is a principle that the right to a thing gives a right to the means without which it could not be used: that is to say, that the means follow their end. Thus a right to navigate a river, draws to it a right to moor vessels to it's shores, to land on them in cases of distress, or for other necessary purposes &c. This principle is founded in natural reason, is evidenced by the common sense of mankind, and declared by the writers before quoted. See Grot. L . 2. c. 2. §.15. Puffend. L . 3. c. 3. §.8. Vattel L . 2. §.129. The Roman law, which, like other Municipal laws, placed the navigation of their rivers on the footing of nature, as to their own citizens, by declaring them public ('flumina publica sunt, hoc est, populi Romani.' Inst. 2. T . 1. §.2.) declared also that the right to the use of the shores was incident to that of the water. Ib. §.1. 3. 4. 5. The laws of every country probably do 10

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the same. This must have been so understood between France and Gr. Britain at the treaty of Paris, when a right was ceded to British subjects to navigate the whole river, and expressly that part between the island of New Orleans, and the Western bank, without stipulating a word about the use of the shores, tho' both of them belonged then to France, and were to belong immediately to Spain. Had not the use of the shores been considered as incident to that of the water, it would have been expressly stipulated; since it's necessity was too obvious to have escaped either party. Accordingly all British subjects used the shores habitually for the purposes necessary to the navigation of the river: and when a Spanish governor undertook, at one time, to forbid this, and even cut loose the vessels fastening to the shores, a British frigate went immediately, moored itself to the shore opposite the town of New Orleans, and set out guards with orders to fire on such as might attempt to disturb her moorings. The Governor acquiesced; the right was constantly exercised afterwards, and no interruption ever offered. This incidental right extends even beyond the shores when circum­ stances render it necessary to the exercise of the principal right, as in the case of a vessel damaged, where the mere shore would not be a safe deposit for her cargo till she could be repaired; she may remove it into safe ground off the river. The Roman law shall be quoted here too, because it gives a good idea of the extent, and the limitations of this right. Inst. L . 2. T . 1. §.4. 'riparum quoque usus publicus est, ut volunt jura gentium, sicut et ipsius fluminis usus publicus est. Itaque et navigium ad ripas appellere, et funes de arboribus ibi natis religare, et navis onera in his locis reponere, liberum cuique est: sicuti nec per flumen ipsum navigare quisquam prohibetur.' And again §.5. 'litorum quoque usus publicus, sive juris gentium, est, ut et ipsius maris: et ob id data est facultas volentibus, casas ibi sibi componere, in quas se recipere possint &c.' Again §.1. 'Nemo igitur ad litora maris accedere prohibetur: veluti deambulare, aut navem appellere, sic tarnen ut a villis, id est domiciliis, monumentisque ibi positis, et ab aedificiis abstineat, nec iis damnum inferat.' Among incidental rights, are those of having pilots, buoys, beacons, landmarks, lighthouses, &c. to guide the navigators. The establish­ ment of these at joint expence, and under joint regulations, may be the subject of a future convention. In the mean time both should be free to have their own, and refuse those of the other both as to use and expence. Very peculiar circumstances attending the river Missisipi require that the incidental right of accomodation on the shore, which needs only occasional exercise on other rivers, should be habitual and con11

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stant on this. Sea vessels cannot navigate that river, nor the river ves­ sels go to sea. The navigation would be useless then, without an entre­ pot where these vessels might safely deposit their own cargoes, and take those left by the others, and where warehouses and keepers might be constantly established for the safeguard of the cargoes. It is admitted indeed that the incidental right thus extended into the territory of the bordering inhabitants, is liable to stricter modifications, in proportion as it interferes with their territorial right. But the inconvenience of both parties are still to have their weight, and reason and moderation on both sides are to draw the line between them. As to this, we count much on the liberality of Spain, on her concurrence in opinion with us that it is for the interest of both parties to remove completely this germ of discord from between us, and draw our friendship as close as circumstances proclaim that it should be, and on the considerations which make it palpable that a convenient spot placed under our exclu­ sive occupation, and exempted from the jurisdiction and police of their government, is far more likely to preserve peace, than a mere freeport, where eternal altercations would keep us in eternal ill humour with each other. The policy of this measure, and indeed of a much larger concession, having been formerly sketched in a paper of July 12. 1790. sent to the Commissioners severally, they are now referred to that. If this be agreed to, the manner of fixing on that extra-territorial spot, becomes highly interesting. The most desireable to us would be a permission to send Commissioners to chuse such spot, below the town of New Orleans, as they should find most convenient. If this be refused, it would be better now to fix on the spot. Our information is, that the whole country below the town, and for 60. miles above it, on the Western shore, is low, marshy, and subject to such deep inundation, for many miles from the river, that, if capable of being reclaimed at all by banking, it would still never afford an entrepot sufficiently safe: that, on the Eastern side, the only lands below the town, not subject to inundation, are at the Detour aux Anglois, or English turn, the highest part of which is that whereon the fort Ste. Marie formerly stood. Even this is said to have been raised by art, and to be very little above the level of the inundations. This spot then is what we would fix on, if obliged now to decide, with from one to as many square miles of the circumjacent lands as can be obtained, and comprehending expressly the shores above and below the site of the fort as far as possible.—But as to the spot itself, the limits, and even whether it shall be extra-territorial, or only a freeport, and what regulations it shall be laid under, the convenience of that government [305 ]

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is entitled to so much respect and attention, on our part, that the arrangement must be left to the management of the Commissioners, who will doubtless use their best efforts to obtain all they can for us. The worst footing on which the determination of the ground could be placed, would be a reference to joint Commissioners: because their disagreement, a very probable, nay a certain event, would undo the whole convention, and leave us exactly where we now are. Unless indeed they will engage to us, in case of such disagreement, the highest grounds at the Detour aux Anglois, of convenient extent, including the landings and harbour thereto adjacent. This would ensure us that ground, unless better could be found, and mutually preferred; and close the delay of right under which we have so long laboured, for peace sake. It will probably be urged, because it was urged on the former occasion, that if Spain grants to us the right of navigating the Missisipi, other nations will become entitled to it, by virtue of treaties giving them the rights of the most favored nation. Two answers may be given to this. 1. When those treaties were made, no nations could be under contemplation but those then exist­ ing, or those, at most, who might exist under similar circumstances. America did not then exist as a nation: and the circumstances of her position and commerce are so totally dissimilar to every thing then known, that the treaties of that day were not adapted to any such being. They would better fit even China than America; because, as a manufacturing nation, China resembles Europe more. When we sollicited France to admit our whale oils into her ports, tho' she had excluded all foreign whale oils, her minister made the objection now under consideration, and the foregoing answer was given. It was found to be solid, and the whale oils of the U . S . are, in consequence, admit­ ted, tho' those of Portugal and the Hanse towns, and of all other nations are excluded. Again, when France and England were negociating their late treaty of commerce, the great dissimilitude of our commerce, (which furnishes raw materials to employ the industry of others, in exchange for articles whereon industry has been exhausted) from the commerce of the European nations (which furnishes things ready wrought only) was suggested to the attention of both negotia­ tors, and that they should keep their nations free to make particular arrangements with ours, by communicating to each other only the rights of the most favored European nation. Each was separately sen­ sible of the importance of the distinction: and as soon as it was pro­ posed by the one, it was acceded to by the other, and the word Euro[306]

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pean was inserted in their treaty. It may fairly be considered then as the rational and received interpretation of the diplomatic term 'gentis amicissimae' that it has not in view a nation, unknown in many cases at the time of using the term, and so dissimilar in all cases, as to furnish no ground of just reclamation to any other nation. 2. But the decisive answer is that Spain does not grant us the navigation of the river. We have an inherent right to it: and she may repel the demand of any other nation by candidly stating her act to have been, what in truth it is, a recognition only, and not a grant. If Spain apprehends that other nations may claim access to our ports in the Missisipi, under their treaties with us, giving them a right to come and trade in all our ports, tho' we would not chuse to insert an express stipulation against them, yet we shall think ourselves justified to acquiesce in fact under any regulations, Spain may, from time to time, establish against their admission. Should Spain renew another objection which she relied much on before, that the English, at the revolution treaty, could not cede to us what Spain had taken from them by conquest, and what of course they did not possess themselves, the preceding Observations furnish sufficient matter for refutation. To conclude the subjects of boundary and navigation, each of the following conditions is to be considered by the Commissioners as a sine quâ non. 1. That our Southern boundary remain established at the completion of 31. degrees of latitude on the Missisipi, and so on to the Ocean as has been before described, and our Western one along the Middle of the channel of the Missisipi, however that channel may vary, as it is constantly varying, and that Spain cease to occupy, or to exercise jurisdiction in, any part Northward or Eastward of these boundaries. 2. That our right be acknoleged of navigating the Missisipi, 'in it's whole breadth and length, from it's source to the sea,' as established by the treaty of 1763. 3. That neither 'vessels,' cargoes, or the persons on board 'be stopped, visited or subjected to the payment of any duty whatsoever.' Or if a visit must be permitted, that it be under such restrictions as to produce the least possible inconvenience. But it should be altogether avoided, if possible, as the parent of perpetual broils. 4. That such conveniences be allowed us ashore, as may render our right of navigation practicable, and under such regulations as may bona fide respect the preservation of peace and order alone, and may not have in object to embarras our navigation, or raise a revenue on 10

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it. While the substance of this article is made a sine quâ non, the modifications of it are left altogether to the discretion and management of the Commissioners. We might add, as a 5th. sine quâ non, that no phrase should be admitted in the treaty, which would express or imply that we take the navigation of the Missisipi as a grant from Spain. But, however disagreeable it would be to subscribe to such a sentiment, yet were the conclusion of a treaty to hang on that single objection, it would be expedient to wave it, and to meet, at a future day, the consequences of any resumption they may pretend to make, rather than at present those of a separation without coming to any agreement. We know not whether Spain has it in idea to ask a compensation for the ascertainment of our right. 1. In the first place, she cannot in reason ask a compensation for yielding what we have a right to, that is to say, the navigation of the river, and the conveniences incident to it of natural right. 2. In the second place, we have a claim on Spain for indemnification for nine years exclusion from that navigation, and a reimbursement of the heavy duties (not less, for the most part, than 15. per cent on extravagant valuations) levied on the commodities she has permitted to pass to N . Orleans. The relinquishment of this will be no unworthy equivalent for any accomodations she may indulge us with beyond the line of our strict right: and this claim is to be brought into view in proper time and manner merely to be abandoned in consideration of such accomodations.—We have nothing else to give in exchange. For as to territory, we have neither the right, nor the disposition to alienate an inch of what belongs to any member of our union. Such a proposition therefore is totally inadmissible, and not to be treated of for a moment. 16

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I I I . O n the former conferences on the navigation of the Missisipi, Spain chose to blend with it the subject of Commerce, and accord­ ingly 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, and may now, really set a value on commer­ cial arrangements with us, and may recieve them as a consideration for accomodating us in the navigation, or may wish for them, to have the appearance of recieving a consideration. Commercial arrangements, if acceptable in themselves, will not be the less so, if coupled with those relating to navigation and boundary. We have only to take care that they be acceptable in themselves. [308]

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There are two principles which may be proposed as the basis of a commercial treaty. 1. that of exchanging the privileges of native citizens. Or 2. those of the most favored nation. 1. With the nations holding important possessions in America, we are ready to exchange the rights of native citizens; provided they be extended thro' the whole possessions of both parties. But the proposi­ tions of Spain, made on the former occasion, (a copy of which accom­ panies this) were, that we should give their merchants, vessels, and productions the privilege of native merchants, vessels and productions, thro' the whole of our possessions; and they give the same to ours, only in Spain and 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. 2. Tho' treaties, which merely exchange the rights of the most favored 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 prefer­ ences they find expedient to native merchants, vessels and productions. And as we already have treaties on this basis with France, Holland, Sweden and Prussia, the two former of which are perpetual, it will be but small additional embarrasment to extend it to Spain. On the contrary, we are sensible it is right to place that nation on the most favored footing, whether we have a treaty with them or not: and it can do us no harm to secure, by treaty, a reciprocation of the right. Of the four treaties beforementioned, either the French or the Prus­ sian, 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 pro­ posed 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 particlar duty in France, will of course be omitted, as inapplicable to Spain. Art. 8. to be omitted as unnecessary with Marocco, and inefficacious and 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, 19

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a constant cruize, of a given force, on their coasts, till they shall be compelled to renounce for ever, 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 cruize against them with a given force. Art. 9. and 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. art. 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 and Spain, to give shelter in our ports to prizes made by the latter on the former, while the first part of the 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. Consuls should be received at all the ports at which the vessels of either party may be received. Art. 30. concerning Freeports in Europe and America. Freeports in the Spanish possessions in America, and particularly at the Havanna, San Domingo in the island of that name, and St. John of Porto Rico, are more to be desired than expected. It can therefore only be recom­ mended to the best endeavors of the Commissioners to obtain them. It will be something to obtain for our vessels, flour &ca. admission to those ports, during their pleasure. In like manner, if they could be prevailed on to reestablish our right of cutting logwood 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. It would be better indeed if Spain would send her ratification to be exchanged by her representative here. The treaty must not exceed 12. or 15 years duration, except the clauses relating to boundary and the navigation of the Missisipi, which must be perpetual and final. Indeed these two subjects had better be in a separate instrument. 20

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There might have been mentioned a Third species of arrangement, that of making special agreements, on every special subject of com­ merce, and of settling a tariff of duty to be paid on each side, on every particular article. But this would require, in our Commissioners, a very minute knolege of our commerce; as it is impossible to foresee every proposition, of this kind, which might be brought into discussion, and to prepare them for it by information and instruction from hence. Our commerce too is, as yet, rather in a course of experiment, and the channels in which it will ultimately flow are not sufficiently known to enable us to provide for it, by special agreement: nor have the exi­ gencies of our new government, as yet, so far developed themselves, as that we can tell to what degree we may, or must, have recourse to Commerce, for the purposes of revenue. No common consideration therefore ought to induce us, as yet, to arrangements of this kind. Perhaps nothing should do it, with any nation, short of the privileges of natives, in all their possessions, foreign and domestic. It were to be wished indeed that some positively favorable stipula­ tions respecting our grain, flour, and fish, could be obtained, even on our giving reciprocal advantages to some other commodities of Spain, say her wines and brandies. But 1. if we quit the ground of the most favored nation, as to certain articles for our convenience, Spain may insist on doing the same for other articles for her convenience; and thus our Commissioners will get themselves on the ground of a treaty of detail, for which they will not be prepared. 2. if we grant favor to the wines and brandies of Spain, then Portugal and France will demand the same: and in order to create an equivalent, Portugal may lay a duty on our fish and grain, and France a prohibition on our whale oils, the removal of which will be proposed as an equivalent. Thus much however, as to grain and flour, may be attempted. There has, not long since, been a considerable duty laid on them in Spain. This was while a treaty on the subject of commerce was pending between us and Spain, as that court considers the matter. It is not generally thought right to change the state of things, pending a treaty concerning them. On this consideration, and on the motive of cultivating our friendship, perhaps the Commissioners may induce them to restore this commodity to the footing on which it was on opening the conferences with Mr. Gardoqui on the 26th. day of July 1785.—If Spain says, 'do the same by your tonnage on our vessels,' the answer may be that our foreign tonnage affects Spain very little, and other nations very much: whereas the duty on flour in Spain affects us very much, and other nations very little. Consequently there would be no equality in reciprocal relinquishment, as there had been none in 24

[311]

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1792

the reciprocal innovation: and Spain by insisting on this, would in fact only be aiding the interests of her rival nations, to whom we should be forced to extend the same indulgence. At the time of opening the conferences too, we had as yet not erected any system, our government itself being not yet erected. Innovation then was unavoidable on our part, if it be innovation to establish a system. We did it on fair and general ground: on ground favorable to Spain. But they had a system, and therefore innovation was avoidable on their part.' 25

It is known to the Commissioners that we found it expedient to ask the interposition of France lately to bring on this settlement of our boundary, and the navigation of the Missisipi. How far that interposi­ tion has contributed to produce it, is uncertain. But we have reason to believe that her further interference would not produce an agreeable effect on Spain. The Commissioners therefore are to avoid all further communications on the subject with the Ministers of France giving to them such explanations as may preserve their good dispositions. But if ultimately they shall find themselves unable to bring Spain to agree­ ment on the subjects of navigation and boundary, the interposition of France, as a mutual friend, and the guarantee of our limits, is then to be asked, in whatever light Spain may chuse to consider it. Should the Négociations, on the subject of navigation and boundary, assume, at any time, an unhopeful aspect, it may be proper that Spain should be given to understand that, if they are discontinued, without coming to any agreement, the government of the U . S . cannot be responsible for the longer forbearance of their Western inhabitants. At the same time the abandonment of the négociation should be so managed, as that, without engaging us to a further suspension of the exercise of our rights, we may not be committed to resume them in the instant. The present turbid situation of Europe cannot leave us long without a safe occasion of resuming our territory and navigation, and of carving for ourselves those conveniences on the shores which may facilitate and protect the latter effectually and permanently. We had a right to expect that, pending a négociation, all things would have remained in statu quo, and that Spain would not have proceeded to possess herself of other parts of our territory. But she has lately taken and fortified a new post at the Walnut hills above the mouth of the Yazoo river, and far above the 31st. degree. This garrison ought to have been instantly dislodged, but for our wish to be in friendship with Spain, and our confidence in her assurances 'to abide by the limits established in our treaty with England.' Complaints of this unfriendly and uncandid procedure, may be brought forward, or not, as the Commissioners shall see expedient. T H : JEFFERSON Mar. 18. 1792. 26

27

28

29

30

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P r C of final draft ( D L C ) ; entry in S J P L : "Report T h : J . Observations on subjects of négociation with Spain as instructions. Documents accompanyg. it. viz. proceedings of Congress in 1782. on same subject.—do. in 1785.—Gardoqui's propositions and other papers. Florida Blanca—Fayette: Jay's transfer of négociation to new government 1788. Mcintosh's letter of Nov. 15. 81."; all brackets inserted by T J . Dft (same); on a separate sheet T J provided translations of Latin passages referred to in the report (see note 10 below). T r ( D N A : R G 59, S D R ) . P r C of extract of last two paragraphs of Report in D L C : T J Papers, 72:12491. On this same day T J wrote to Van Staphorst and Hubbard in Amsterdam requesting them to deliver to Short "this packet under cover to you" personally or through some person designated by Short, and urging them "not to let it go out of your hands till you receive his orders for it" ( P r C in D L C ; T r in D N A : R G 59, D C I ) . A note in a clerk's hand dated 19 Mch. 1792 states that "The Commission for Messrs. Wm. Carmichael and William Short for forming certain treaties with Spain was dated the 18. Inst, and sent under cover thro Mr. Remsen at N York to Messrs. van Staphorst & Hubbard Bankers at Amsterdam" ( N in V i W ) . See T J to Remsen, 18 Mch. 1792. 7

T J ' s report on negotiations with Spain was prepared with his usual care and inspired by his conviction that opening the Mississippi to American trade was necessary to strengthen the ties that bound the West to the union (see Editorial Note on threat of disunion in the West, at 10 Mch. 1791, for an extended analysis of the political and diplomatic background of T J ' s policy toward Spain). Yet there is general agreement among Jefferson scholars that this document is one of T J ' s less impressive state papers. This assessment stems from the fact that the official American position on the disputed southwestern boundary with Spain was so weak and the official Spanish position on the navigation of the Mississippi so strong, in relation to prevailing standards of international law and diplomacy, that T J was obliged to support American claims on these two issues with arguments that were often more ingenious than persuasive. In

1792

regard to the former, T J ' s argument in favor of the 31° boundary between the United States and West Florida was vitiated by the fact that Spain could point to a 1764 commission issued under the authority of George I I I that made a line of 32° 26' the northern boundary of that colony—a commission Great Britain did not nullify when she ceded West Florida to Spain in 1783. With respect to the latter, T J ' s contention that the United States had a natural right to the free navigation of the Mississippi from the source to the sea was contrary to generally accepted principles of international law, which did not admit the right of a riparian state to the free navigation of a river beyond its boundaries. In addition to problematical defenses of American claims, T J ' s instructions to Carmichael and Short also failed to achieve their intended effect because of a crucial shift in the European balance of power. Spain, which had agreed to negotiate in 1791 because of the mistaken apprehension that the United States and Great Britain were about to effect a rapprochement at her expense, was just on the verge of entering into an alliance with Britain against revolutionary France when Short finally arrived in Madrid in February 1793 to begin his joint mission with Carmichael. Secure in this alliance, Spain steadfastly refused for the remainder of T J ' s tenure as Secretary of State to accept any of the claims made in this report, thereby frustrating T J ' s efforts to reach a negotiated settlement (Samuel F . Bemis, The American Secretaries of State and their Diplomacy, 10 vols. [New York, 1927-1929], I I , 44-51; Bemis, Pinckney's Treaty, p. 40-5, 163-72; Malone, Jefferson, I I , 406-11; Peterson, Jefferson, p. 456-7; A. Berriedale Keith, Wheatorìs Elements of International Law, 2 vols. [London, 1929], 6th ed., i, 385). France did not P R E T E N D T O K E E P P O S SESSION

OF T H E PLACES RESCUED

by

her

forces on the North American continent during the Revolutionary War because in the 1778 Treaty of Alliance she had pledged not to make any territorial acquisitions at the expense of the United States (Hunter Miller, ed., Treaties and Other International Acts of the United States of America, 8 vols. [Washington, D . C . , 1931-1948], lì, 38). T J conveniently ignored the fact that George Ill's P R O C L A -

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MATiON O F 1 7 6 3 , which set the north­ ern boundary of West Florida between the Mississippi and the Chattahoochee at 31°, was superseded in the following year by a supplementary royal commission to the governor of that colony, which enlarged West Florida by making its northern boundary a line between the same two rivers at approximately 32° 26'. Since the peace treaty between Great Britain and Spain in 1783 did not define the bound­ aries of West Florida, in striking contrast to the treaty between Great Britain and the United States, Spain had ample legal justification for denying American claims to the more southerly boundary (Bemis, Pinckney's Treaty, p. 41-3; Cecil John­ son, British West Florida 1763-1783 [New Haven, 1943], p. 5-7). T h e preliminary treaty of peace between the United States and Great Britain did indeed contain a S E C R E T A R T I C L E , which the Continental Congress refused to ratify, stating that if the British recovered West Florida from the Spanish before the war ended, its northern boundary would be the same as that set forth in the royal commission of 1764. T h e American peace commissioners agreed to the inclusion of this article in the belief that it would be in the interest of the United States for West Florida to be under the control of the British, who recognized the right of the United States to navigate the Mississippi from the source to the sea, rather than the Spanish, who did not. T J obviously wanted the Spanish to ignore this rejected article because it compro­ mised American boundary claims in the southwest (Miller, Treaties, 11, 101, 105; Richard B . Morris, The Peacemakers: The Great Powers &f American Independence [New York, 1965], p. 344-5, 441-3). T J was needlessly concerned about the Con­ vention of the P A R D O because the joint commission it established to deal with the disputed boundary between Florida and Georgia, as well as other points of conflict between Great Britain and Spain that eventually led to the so-called War of Jenkins' Ear, failed to resolve any of these issues. It was the famous P R O C L A M A T I O N O F 1 7 6 3 that extended Georgia's southern boundary to the St. Mary's river (John Tate Lanning, The Diplomatic History of Georgia: A Study of the Epoch of Jenkins'' #

1792

Ear

[Chapel Hill, N . C . , 1936], p. 124-

73,

235).

The

REPORT

SENT

HEREWITH

was an extract of a 17 Aug. 1786 report by then Secretary for Foreign Affairs John Jay to the Continental Congress on the status of diplomatic negotiations between the United States and Spain ( A S P , Foreign Relations, 1, 250-1). T J ' s account of the 1783 correspondence between Lafayette and the Spanish Secretary for Foreign Affairs Floridablanca is misleading on two points. John Jay was not involved in these CONVERSATIONS, and Lafayette's L E T T E R OF

T H E SAME

D A Y T O M R . J A Y Was

in

fact a note added by Lafayette to Floridablanca's letter to him of 22 Feb. 1783. Lafayette did, however, retain copies of all three documents cited by T J for the use of Jay, who at the time was both a peace commissioner in Paris and minis­ ter to Spain (Stanley J . Idzerda and oth­ ers, eds., Lafayette in the Age of the Amer­ ican Revolution [Ithaca, N . Y . , 1977- ] , I V , 99-106). In

the

LATE

CASE

OF ANTWERP

AND

the Emperor Joseph I I in 1784-1785 led the abortive effort to secure the right of free navigation for the Aus­ trian Netherlands on the Scheldt, which was closed by treaty to Imperial ships from Antwerp to the sea. T J was partic­ ularly interested in this precedent because the Emperor's contention that the closing of the Scheldt violated natural law fore­ shadowed T J ' s own defense of the Amer­ ican right to navigate the Mississippi. Simon Nicholas Henri, an Imperial pub­ licist, developed the argument from nat­ ural law for opening the Scheldt in Dis­ sertation sur Pouverture et la navigation de FEscaut (Brussels, 1784) and Nouvelles considérations sur Pouverture de TEscaut (Brussels, 1784), and T J probably had these works in mind when he urged Carmichael and Short to E X A M I N E T H O R ­ THE

SCHELD

OUGHLY

WHAT

WAS

WRITTEN

ON

THIS

(S. T . Bindorf, The Scheldt Question to 1839 [London, 1945], p. 1007, 129-43; Walter W. Davis, Joseph 11: An Imperial Reformer for the Austrian Nether­ lands [The Hague, 1974], p. 120-33). T J ' s description of the incident at New Orleans involving the S P A N I S H G O V E R N O R and the B R I T I S H F R I G A T E was based upon a memorandum containing an account of OCCASION

[314]

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these events by Philip Barbour, a long­ time resident of West Florida, that James Madison prepared for T J ' s use about this time ( M S in D L C : T J Papers, 80: 13911; printed in Rutland, Madison, xrv, 242). The P A P E R O F J U L Y 12. 1790. was in fact an opinion on American policy during the Nootka Sound crisis that T J submitted to the President alone. At that time T J actu­ ally sent Carmichael and Short a 2 Aug. 1790 outline of policy on the Mississippi in which he suggested that Spain cede to the United States all the territory she claimed east of the Mississippi in return for an American guarantee of all Spanish possessions west of it (see Documents I , il, and vi in Editorial Note and group of documents on the war crisis of 1790, at 12 July 1790). The F O R M E R C O N F E R E N C E S were John Jay's futile efforts to resolve SpanishAmerican differences through direct nego­ tiations with Don Diego Gardoqui during the last four years of the Confederation Congress (Bemis, Pinckney's Treaty, p. 60-108). T h e enclosed P R O P O S I T I O N S con­ sisted of a summary of the terms offered by Gardoqui for a treaty of commerce between the United States and Spain that Jay submitted to the Continental Congress on 3 Aug. 1786 ( J C C , X X X J , 477-

8; A S P , Foreign Relations, I , 249-50). 1

In Dft, T J first wrote "Missisipi Eastwardly," then modified it to read as above. Preceding four words interlined in Dft. This sentence, from page 2 of the Dft, is a substitute for "Circumstances oblig­ ing us afterwards to discontinue our for­ eign magistrate, and to name one within every state, this brought on us a war on the part of the former magistrate, sup­ ported by the nation among whom he resided." See Hamilton's Notes on Report of Instructions for the Commissioners to Spain, with Jefferson's Comments, 1-5 Mch. 1792. In Dft, T J first wrote "and finally in capturing (their) one whole (armies) army," but struck it out after Hamilton ques­ tioned its accuracy. Preceding two sentences were substi­ tuted in Dft for "Spain entered, with­ out leave, into our territory, took several 2

3

4

5

1792

posts in possession of the common ene­ my, abandoned some, and retained others. This conduct afforded us just cause of war against Spain but that was not a moment to go to war with our associates." In Dft, parenthetical phrase origi­ nally read: "being the country South of Georgia." In Dft, the sentence to this point orig­ inally read: "And Mr. Jay in his Report to Congress of Aug. 17. 1786. after inserting those letters," deleted. Text from "Gr. Britain" to this point interlined on page 11 in Dft to rebut Hamilton's criticism of T J ' s reference to Spanish naval victories. T h e insertion is a modification of the comment T J wrote in the margin of Hamilton's notes. In Dft, this sentence interlined as a continuation of the preceding one, and the following sentence written in margin opposite reference to case of Antwerp and the Scheldt. On a separate sheet, T J appended the following: "Translations of passages in the Instructions of Mar. 18. 1792. to Carmichael and Short 'Flumina publica &c.' 'rivers belong to the public, that is to say to the Roman people.' 'Riparum &c.' 'The use of the banks belongs also to the public, by the law of nations, as the use of the river itself does. Therefore every one is free to moor his vessel to the bank, to fasten his cables to the trees growing on it, to deposit the cargo of his vessel in those places: in like manner as every one is free to navigate the river itself.' 'Littorum &c.' 'The use of the shores also belongs to the public, or is under the law of nations, as is that of the sea itself. Therefore it is that those who chuse have a right to build huts there, into which they may betake themselves.' 'Nemo &c.' 'Nobody therefore is prohibited from landing on the sea-shore, walking there, or mooring their vessel there, so nevertheless that they keep out of the villas, that is, the habitations, monuments and public buildings erected there, and do them no injury.' 'Gentis amicissimae.' 'The most favored nation.' " (Dft in D L C : T J Papers, 72:12519). In Dft, text from Vattel citation above (Vattel L . 2. §.129) to this point was writ­ ten in margin below sketch of Mississippi. "Thus by" deleted here to join following

[315]

6

7

8

9

1 0

11

18

MARCH

1792

text with this sentence. Preceding sentence and first five words of this sentence interlined in Dft as substitute for "Yet we always used," deleted. T J inserted the remainder of this paragraph and the one following in the margin of Dft, with slightly different wording. This paragraph written in margin of page 22 in Dft, and this word substi­ tuted for "wish" as T J noted in margin to Hamilton's comment on the statement. In Dft, T J also deleted "to pass through" after "admission." On page 23 of Dft, T J responded to Hamilton's criticism by deleting the orig­ inal condition number 3, which read as follows: "That no phrase be admitted in the treaty which would express or imply that we take this by grant from Spain." He then renumbered the following two para­ graphs, and interlined a new one as indi­ cated in following note. T J added this paragraph to Dft after Hamilton questioned the wisdom of mak­ ing this stipulation a sine qua non. See T J ' s comment on Hamilton's note about this part of page 25 of the Dft, 1-5 Mch. 1792, as well as Memoranda of Consultations with the President, 11 Mch.-9 Apr. 1792. This is one of the two points over which T J took strong issue

ject also, since they desire it, will be but friendly and respectful, and can lead to nothing without our own consent, and that to refuse it, might obstruct the set­ tlement of the questions of navigation and boundary: and therefore R E P O R T S , T O the President of the United States, the follow­ ing "Observations and Instructions to the Commissioners of the United States, appointed to negocíate with the Court of Spain a treaty or convention relative to the navigation of the Missisippi; which observations and instructions he is of opin­ ion should be laid before the Senate of the United States, and their decision be desired, whether they will advise and con­ sent 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, and 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." T h e report concluded with the text described in note 25 below. (Dft in D L C ; entirely in T J ' s hand; last paragraph rep­ resents beginning and ending of that por­ tion of the draft report of instructions on negotiations with Spain that T J wanted put into this report isolating for Senate

with Hamilton.

approval the subject of commerce. R C in

1 2

1 3

1 4

1 5

1 6

1 7

1 8

Beginning with this paragraph, the 7 Mch. 1792 report to the President was comprised of this section on com­ merce as far as the text indicated by note 26. T J introduced it as follows: "March 7th. 1792 "The Secretary of State having under­ stood from communications with the Commissioners of his Catholic Majesty, subsequent to that which he reported to the President on the 22d. of Decem­ ber last, that though they considered the navigation of the Missisippi as the prin­ cipal object of négociation between the two Countries, yet it was expected by their Court that the conferences would extend to all the matters which were under négociation on the former occasion with Mr. Gardoqui, and particularly to some arrangements of commerce, is of opinion that to renew the conferences on this sub­

D N A : R G 59, M L R ; entirely in Remsen's hand, except for signature; docketed by Lear: "Report of the Secretary of State on the subject of commerce with Spain. 7th March 1792"; with enclosure: "Arti­ cles proposed by Don Diego Gardoqui to be inserted in the Treaty with the United States". P r C of R C in D L C ; not signed. T r in D N A : R G 59, S D R ; copy of the P r C of R C , but does not include the Gar­ doqui statement. T r in D L C : Washington Papers; at top of text of report is a cover­ ing letter dated 7 Mch. 1792 from Wash­ ington to the Senate submitting the report for their consideration and asking their advice and consent "to the extension of the powers of the Commissioners as proposed and to the ratification of a treaty which shall conform to those instructions. . . . " At top of the copy is a note stating that the "following Message and Report were

[316]

18

MARCH

this day laid before the Senate." This tran­ script included the Gardoqui statement and the whole was part of the proceedings of the first session of the second Congress. Tr's of covering note from Washington to the Senate in D L C and M o S H I ) . Remainder of paragraph interlined in Dft. Remainder of paragraph on page 28 of Dft originally read: "as the stipula­ tion therein entered into by the U . S . and France towards each other, is, in it's nature, exclusive and incommunicable to any other." When Hamilton questioned this, T J modified statement to read as above. Much of this paragraph interlined in Dft. Remainder of paragraph written in margin of page 28 of Dft and keyed for insertion at this point. This paragraph interlined in Dft to accommodate partially Hamilton's observation on time requirements for ratification. Last sentence not included in 7 Mch. 1792 report to the President. T h e figures for the years and the remainder of paragraph added at a late stage in Dft. They were left blank in 7 Mch. 1792 report to the President. 1 9

2 0

2 1

2 2

2 3

1792 2 4

T h e next two paragraphs were added at this point in Dft as a response to Hamilton's suggestion that commodities be included in any treaty of commerce with Spain, and they constituted the end of the 7 Mch. 1792 report to the President. See textual note 3 at Hamilton's Notes on Report of Instructions for the Commissioners to Spain, with Jefferson's Comments, 1-5 Mch. 1792. Text of 7 Mch. 1792 report to the President ends here. Text from comma in preceding sen­ tence to this point interlined in Dft for the following deleted words: "unless interven­ ing circumstances should have rendered it acceptable to Spain, or unless they should." Before submitting the Dft to Hamil­ ton, T J had deleted the following phrase at this point: "nor inattentive to their rights." Hamilton expressed agreement with this deletion in his notes on the draft. Preceding four words interlined in Dft. Preceding two words substituted in Dft for "miles," deleted. Preceding two words substituted in Dft for "would," deleted. 2 5

2 6

2 7

2 8

2 9

3 0

To William Short SIR Philadelphia Mar. 18. 1792. You will receive herewith a commission appointing Mr. Carmichael and yourself joint Commissioners plenipotentiary for treating on the subjects therein expressed with the court of Madrid, to which place it is necessary of course that you repair. The instructions and other papers accompanying the commission (and of which no duplicate is hazarded) leave nothing to be added here but to express the desire that this object be pursued immediately. It is hoped that in consequence of my former letter you will have made the necessary arrangements for an immediate departure on your receipt of this. You will of course apprize the court at the Hague in the most respectful and friendly manner that matters of high moment committed to you, oblige you to a temporary absence. You will then be pleased to proceed by such route as you think best to Madrid, taking care to furnish yourself from the repre­ sentative of Spain at the Hague, or Paris, with such letters or passports [317}

18

MARCH

1792

as may ensure your papers from being taken out of your possession, or searched. You will judge from existing circumstances whether, when you approach the limits of Spain, it may not be prudent for you to ascertain previously that you will be permitted to pass unsearched. When arrived at Madrid, the other papers beforementioned mark out the line to be pursued. I am with great & sincere esteem, Sir, your most obedient and most humble servant, T H : JEFFERSON P r C ( D L C ) . Dupl ( P C D ) ; in clerk's hand, except for signature. F C ( D N A : R G 59, DCI).

To William Short M Y DEAR SIR Philadelphia Mar. 18. 1792. I shall not repeat in this private dispatch any thing said in the public ones sent herewith. I have avoided saying in them what you are to do, when the business you go on shall be finished or become desperate, because I hope to hear what you wish. It is decided that Carmichael will be permitted to come away at that precise epoch, so you need have no delicacy on that subject if you chuse to remain there in your present grade. I become more and more satisfied that the legislature will refuse the money for continuing any diplomatic character at the Hague. I must beg of you to study and communicate to me confidentially the true character of Carmichael, his history at Madrid &c. Not a letter has been received from him since I came into office but the one he sent by Colo. Humphreys, and indeed for some time before I came into office. [I hope you will consider success in the object you go on as the most important one of your life: that you will meditate the matter day and night, and make yourself thoroughly master of it in every possible form in which they may force you to discuss it. A former letter has apprised you of my private intentions at the close of this present federal cycle. My successor and his dispositions are equally unknown.] The administration may change then in others of it's parts. It is essential that this business be compleated before any idea of these things get abroad. Otherwise Spain may delay in hopes of a change of counsels here. [It will be a great comfort to leave this business safely and amicably settled, which has so long and imminently threatened our peace. Gardoqui will probably be the negotiator on their part. No attentions should be spared towards him or the Ct. de Florida Blanca. Let what will be said or done, preserve your sang froid immoveably, and to every obstacle oppose patience, perserverance, and a soothing language. Pardon my sermonizing: it proceeds from the interest I feel 1

[318]

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1792

in this business, and in your success.—It will be well that you examine with the most minute attention all the circumstances which may enable you to judge and communicate to us whether the situation of Spain admits her to go to war.] The failure of some stock gamblers and some other circumstances have brought the public paper low. The 6. percents have fallen from 26/ to 21/4 and bank stock from 115 or 120. to 73 or 74. within two or three weeks. This nefarious business is becoming more and more the public detestation, and cannot fail, when the knowlege of it shall be sufficiently extended, to tumble it's authors headlong from their heights. Money is leaving the remoter parts of the union and flowing to this place to purchase paper: and here a paper medium supplying it's place, it is shipped off in exchange for luxuries. The value of property is necessarily falling in the places left bare of money. In Virginia for instance property has fallen 25. percent in the last 12. months. I wish to god you had some person who could dispose of your paper at a judicious moment for you, and invest it in good lands. I would do any thing my duty would permit, but were I to advise your agent (who is himself a stock dealer) to sell out yours at this or that moment, it would be used as a signal to guide speculations. E . Carter's lands in Albemarle are for sale, and probably can be bought for 30/ the acre.— There can never be a fear but that the paper which represents the public debt will be ever sacredly good. The public faith is bound for this, and no change of system will ever be permitted to touch that. But no other paper stands on ground equally sure. I am glad therefore that yours is all of this kind. 1

[Some bishop of Spain, who was for some time in Mexico, found there copies of Cortez's correspondence, and on his return to Spain published them. I have made many efforts to get this book, but in vain. I must beg of you to procure it for me while there. It is not many years since it was published.] —The contents of the present letter are of such a nature as that I must pray you to burn it before you set out on your journey.—[You will probably get no letters from me after you enter Spain, as experience has proved to us the impossibility of their escaping the vigilance of the government. Perhaps you may find some at Bordeaux en passant.] 1 am with constant & sincere attachment, dear Sir, your affecte, friend & servt., T H : JEFFERSON 1

1

P r C ( D L C ) ; at head of text: "Private." P r C of Extract ( D L C ) ; at head of text: "Extracts from the private letters of T h : J . to William Short," entirely in T J ' s hand, consisting of the extracts indicated in brackets and notes to the above letter

and also those of 24 Apr. 1792. 1

Portion in brackets extracted by T J and placed with others in document described above.

[319}

To George Washington Sunday Mar. 18. 1792. T h : Jefferson having received information that a vessel sails from New York for Amsterdam about Wednesday, is endeavoring to get ready the necessary papers for Messrs. Short and Carmichael, to go by tomorrow's post. He beleives it impossible; but in order to take the chance of it, he troubles the President to sign the Commission to-day, which Mr. Taylor now carries to him for that purpose. RC (DNA: R G 59, MLR); addressed: "The President of the U.S."; endorsed by Lear. Tr (same, SDC). Not recorded in S J L or SJPL.

From Alexander Hamilton Tuesday March 20. 1791 [i.e. 1792] Mr. Hamilton presents his Compliments to Mr. Jefferson. He may have heard that the Treasurer was in the Market last night and may be at a loss concerning his authority. The ground of the operation is an Act of the Board of the 15th of August last, appropriating a sum between three and four hundred thousand Dollars, which Mr. Hamilton considers as any sum short of 400,000 Dollars; leaving still a sum to be expended within the terms as to price prescribed by that Act. This is merely by way of information. RC (DLC); addressed: "The Secretary of State"; endorsed as received 20 Mch. Not recorded in SJL. For information on the contents of this letter, see Syrett, Hamilton, xi, 159. Soon after receiving this letter regarding the U.S. treasurer's purchase of goverment

securities to stabilize their price, T J pre­ pared a copy of an opinion of John Jay on the Act for the Reduction of the Pub­ lic Debt (MS in D L C : T J Papers, 72: 12591; entirely in TJ's hand including John Jay's signature, and dated 31 Mch. 1792; entry in SJPL: "Jay's Opinion on act respecting Sinking fund").

To the Commissioners of the Federal District GENTLEMEN Philadelphia Mar. 21. 1792. Your favors of Mar. 14. have been duly deceived, as also Mr. Car­ rol's separate letter of Mar. 15. I now inclose you copies of the two advertisements inserted in Freneau's, Fenno's, and Dunlap's papers of [320]

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this place. You will probably think it proper to have them inserted in the papers of other parts of the Union, following herein your own choice. It is rather desired too that you adopt such method as you think best for obtaining a Superintendent of proper qualifications, whether by advertizing, or by private enquiry. The President is not able to give you any satisfactory information as to the Charleston architect.— Mr. Ellicot being of opinion he cannot be in readiness for a sale before the last of July, the blanks for the day of producing the plans are filled up with the 15th. of that month, so as to allow time for deci­ sion between them before the sale.—Mr. Ellicot sets off the day after tomorrow. He says it was his intention that his brother, receiving 3. dollars a day should bear his own expences. I have advised him to reconsider with you his own demand of 5. dollars, and abate from it what reason may require, so that he considers that allowance as still open.—There is at Amsterdam a Mr. Herman-Hend Damen a mer­ chant-broker (connected with the Van Staphorsts) who is from the Palatinate. He informed me that the Palatines who emigrate to Amer­ ica, come down the Rhine and embark at Amsterdam. He undertook to procure any number I should desire, and to deliver them at Rich­ mond clear of all expence, for 10. guineas a man paid at Amsterdam, or 11. guineas at Richmond. They were to be indentured, to serve me one year for their passage, and to remain 7. years tenants on my lands on half stocks. You would have to propose wages instead of this and a shorter contract; and very moderate wages would probably do. If you have no preferable channel of your own, and will be good enough to do what is necessary on your part, I will forward your letters, and accom­ pany them with my own to Mr. Damen, and to the Van Staphorsts so as to have your purpose answered with zeal and fidelity.—The tem­ porary check on the price of public paper, occasioned by Mr. Duer's failure, induces Mr. Blodget to think it will be better to postpone for a few days the opening of the loan proposed, as he thinks it important that the present panic should be so far over, as to enable him to get it through at once, when proposed.—I have the honour to be with the most perfect esteem & respect Gentlemen your most obedt. humble servt., T H : JEFFERSON P.S. The President thinks the bridge over Rock creek should be of stone, and that it will be the cheapest in the end. P r C ( D L C ) . T r ( D N A : R G 42, D C L B ) .

[321]

From John Melcher SIR Portsmouth, March 21, 1792 Agreeable to Mr. Henry Remsen's request of the 10th. of Octor. 1790, I forwarded to you on the 1st. of Octor. following, one of my Newspapers, and from that time have continued to transmit you one weekly, sealed and directed. He has since informed me that they have not come to hand regularly, many of them are missing, agreeable to a list forwarded, which I am sorry to hear. I cannot account for this any other way, than by some inattention in the Post riders or Post­ masters, as I have always been very careful in having them regularly sent to the Post-office. Agreeable to request I herewith enclose my bill, which you will please to have remitted in a post-bill. Of the papers missing I have been able to procure only 12, many of which are hardly fit to send, though I have herewith enclosed them, and hope you will in future receive them a little more regular.—I am Sir, your most obt. h'ble Servt., JOHN MELCHER R C ( D N A : R G 59, M L R ) ; addressed: "Hon. Thomas Jefferson Esq. Secretary of State Philadelphia." Not recorded in S J L .

Remsen's R E Q U E S T had actually been dated 10 Sept. 1790 (see Vol. 17: 509n).

From George Walker SIR Washington March 21st. 1792 Your favour of the 14th. Inst. I had the honour to receive and have communicated the Contents to the proprietors of this City. In consequence of which I this day received the inclosed letter which they wish may be laid before the President of the United States.—As I may Sometime after take an opty. of conveying to you my Sentiments on this business I Shall not add at present but that I am with great Esteem and respect Sir Your Mo Obt Servant, GEORGE WALKER R C ( D L C ) ; endorsed by T J as received 24 Mch. 1792 and so recorded in S J L .

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E N C L O S U R E

Robert Peters and Others to George Walker SIR Geo Town 21. March 1792 In answer to your communication of Mr. Jeffersons letter to you of the 14 Inst, permit us to request the favor of you to inform Mr. Jefferson, as a piece of Justice which seems requisite to ourselves, that We are very far from being so unreasonable to expect that Maj L'Enfant would be, or to think that he ought to be, employed on either of the conditions mentioned in his first letter to you, and repeated in the second.—If Mr. L'Enfant persists in not returning on any other, We know that all Ideas on the subject, must be at an end, but if on the contrary he should now be willing to accept such conditions as can with propriety be given, We should hope that the single circumstance of his once asking more, would not be deemed sufficient to deprive forever, the City, of the Services of a man of acknowledged Capacity and merit, who has already been found highly useful. The Commissioners are respectable men, and our own Interest, as well as a Public Duty, would prompt us to give all the little aid in our power, to their efforts, which we have no doubt will be directed at least by good intentions and zeal towards the growth of the City, but we must still lament as a very great misfortune to the object, the loss of a man deservedly (at least in point of talents zeal industry and total disinterestedness) possessing in a high degree the Public confidence. The Sentiments contained in this, and our former letter, are those of indi­ viduals deeply interested in the progress of the City, who do not pretend to set up a claim that additional weight should be given them, from the circumstance of their coming from proprietors—a distinction we wish to be made.—We are sir Yr. most Obed. Servis., JOHN DAVIDSON ROBERT P E T E R S SAML: DAVIDSON DAVID BURNES OVERTON CARR ABRAHAM YOUNG WM KING WILLIAM PROUT U FORREST B E N STODDERT JAS. M. LINGAN RC (DLC).

To George Washington [21 Mch. 1792] Th: Jefferson presents his respects to the President, and sends for his perusal a letter he has prepared for the Commissioners, which will [323]

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inform him also of Mr. Blodget's ideas. In the mean time Blodget will be preparing the necessary papers. T h : J . has at length been able to see Dr. Wistar about the big bones. They are at his house, always open to inspection. The Doctor is habitually at home at two aclock: if the President would rather go when he is not at home, the servants will shew the bones. T h : J . did not intimate to the Doctor who it was that wished to see them, so that the President will fix any day and hour he pleases on these premises, and T h : J . will have the honor to attend him. R C ( D N A : R G 59, M L R ) ; endorsed by Lear as "(private)" and also as being dated "March—1792". Not recorded in S J L or S J P L , though Washington's reply, fol-

lowing, establishes the date by its being recorded in S J P L under 21 Mch. 1792. T r ( D N A : R G 59, S D C ) .

From George Washington DEAR SIR Wednesday Afternoon [21 Mch. 1792] To morrow I shall be engaged all day, but will, in the course of it, fix a time to view the Big bones at Doctr. Wisters. I hope Mr. Blodget does not begin to hesitate concerning the loan?—And I hope the Commissioners, when they are about it, will build a Stone bridge and a compleat one, over Rock Creek—it will be the cheapest in the end.—Yrs. sincerely, Go: WASHINGTON R C ( D L C ) ; addressed: "Mr. Jefferson"; endorsed by T J as received 21 Mch. 1792 and recorded in S J P L , where entry reads: " G . W. to T h : J . on Blodget's loan. Prefers stone bridge over Rock cr."

To Thomas Bell DEAR SIR Philadelphia Mar. 2 2 . 1792. You will probably be surprised at t[he receipt of my] letter of the last week. I had been waiting to [give your order] to Freneau; till the postage should be fixed, [and as soon as it] was, sent him your list of subscribers, and des[ired him to be]gin forwarding the papers. But he came to m[e soon after] and told me that he had received an order from you [long] ago, and had been constantly sending them. My ignorance of this circumstance occasioned my troubling you with the letter.—We have got an ensignship for Mr. Marks. For Gamble we could not, there being 130 applicants for 10. or 13 ensignships. The Secretary at war receives the most favorable accounts of Hastings [324]

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Marks, now at fort Washington and has several times spoken to me of him. This probably led to a preference of Mr. Marks, now appointed. Be so good as to mention this to his father, and my best affections to him and all my neighbors. I am with great esteem Dr. Sir your most obedt. humble servt., T H : JEFFERSON P r C ( D L C ) ; mutilated in the upper right hand corner of the page, some miss­ ing words being taken from T r ( D L C ) in hand of Nicholas P. Trist. MY L E T T E R O F T H ELAST WEEK: T J

Bell, 16 Mch. 1792, printed as Document V I I I in Editoral Note and documents on Jefferson, Freneau, and the founding of the National Gazette, at 4 Aug. 1791 (Vol. 20: 758-9).

to

From Joseph Ceracchi SIR New York 22 March 1792 Mr. Duers bad affaires cuts in part the Suscription of the Nationale Monument; however my appearance in this City will be certenly of graet use. A small Schatcht that I have finished of my idea as actracted great dill attention already. Too morrow I shall begin the bust of the Governor, end that of the Cef Justice afterwards. Thise operations will consequentely unite the parties upon the subjet. I have being advised by many respectable Gentilments to presente a Memorial to the State House in order to engage her to take part in the suscription if whe succede will be a very important article for to influenced in the other States. As for the City suscription it will go certenly so far as in Philadelphia. For to neglecte noting on my side to brigne this projet to conclusione I shall be disposed to take an excursion to Boston promote the suscription my self end take the model of Governor hend Kock for to actract influence end attentione. If you appruv it sir be so Kind as to send me som letters of introductione. All this motion will certenly pushe on the business but will not cari it far. We will be obvio[usly] to short to performe the grand desing, wich to reduced it would be an umilietion for the Nation so well as for the artist. The Singularity and Magnificence of a poem in sculpture is lost, as well as the opportunity of acquiring a high fame in such extronary performance. The only way then to insur it would be to set as trusty some ground. If that of the Federal City Could not be disposed of, the Congre[ss] of the United States, could applui a little part of is possessions for that purpose. Iven to satisfi to the Decred of the Equestrian Figure in wich is ingaged I do not Know wheter it might be proper to addresse Congress with a petition on this subjet. This is a Rof idea come in this moment I [325 ]

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writte. If it is worth of attention your jugement might pot it in a proper Light. Your interest would carry very esey such poin[t]. Your sentiment and partiality upon this subjet will be respected as a Man of eleveted sentiment, taste, end understending.—I should be very glad Sir if [you] think proper to informe the President of the above and presente my respectes to Him, as well as my best compliments to Mr. Maddison. The Cancelor is very Kind and attentive to me on account of your letter. Now having the honnour of confirming to you my estime end respects I am Sir Your Most obt he Sert, J : CERACCHI R C ( D L C ) ; addressed: "Thomas Jefferson E s q . Secretary of State Philadelphia"; postmarked; endorsed by T J as received 24 Mch. 1792 and so recorded in S J L .

To Martha Jefferson Randolph M Y DEAR MARTHA Philadelphia Mar. 22. 1792. Yours of Feb. 20. came to me with that welcome which every thing brings from you. It is a relief to be withdrawn from the torment of the scenes amidst which we are. Spectators of the heats and tumults of conflicting parties, we cannot help participating of their feelings. I should envy you the tranquil occupations of your situation were it not that I value your happiness more than my own. But I too shall have my turn. The ensuing year will be the longest of my life, and the last of such hateful labours. The next we will sow our cabbages together. Maria is well. Having changed my day of writing from Sunday to Thursday or Friday, she will oftener miss writing, as not being with me at the time.—I believe you knew Otchakity the Indian who lived with the Marquis Fayette. He came here lately with some deputies from his nation, and died here of a pleurisy. I was at his funeral yesterday. He was buried standing up according to their manner. I think it will still be a month before your neighbor Mrs. Monroe will leave us. She will probably do it with more pleasure than heretofore; as I think she begins to tire of the town and feel a relish for scenes of more tranquillity. Kiss dear Anne for her aunt, and twice for her grand­ papa. Give my best affections to Mr. Randolph and accept yourself all my tenderness. T H : JEFFERSON R C (Mr. John A . Sutro, San Francisco, California, 1952). P r C ( M H i ) .

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Report on Proposed Convention with Spain Concerning Fugitives The Secretary of state having had under consideration the expediency and extent of a Convention with Spain to be established for with respect to fugitives from the United states to their adjoining provinces, or from those provinces to the United States, REPORTS to the President of the United States the inclosed Analytical view of the motives and principles which should govern such a Convention, and the Project of a convention adapted thereto, which he is of opinion should be forwarded to Messrs. Carmichael and Short, with powers to treat and conclude thereon. T H : JEFFERSON Mar. 22. 1792. 1

R C ( D N A : R G 59, M L R ) ; entirely in T J ' s hand; endorsed by Lear. P r C ( D L C ) . T r ( D N A : R G 59, S D C ) . T r (same, S D R ) . Entry in S J P L reads: "Re­ port T h : J . on convention with Spain as to

fugitives from justice." 1

Clearly T J intended to delete this word, as is done in the T r .

E N C L O S U R E S

I

Proposed Convention with Spain Project of a Convention with the Spanish provinces. Any person having committed Murder of malice prepense, not of the nature of treason, within the United States or the Spanish provinces adjoining thereto, and fleeing from the justice of the country, shall be delivered up by the government where he shall be found, to that from which he fled, whenever demanded by the same. The manner of the demand by the Spanish government, and of the compli­ ance by that of the United States, shall be as follows. The person authorized by the Spanish government, where the Murder was committed to pursue the fugitive, may apply to any justice of the supreme court of the United States or to the district judge of the place where the fugitive is, exhibiting proof on oath that a Murder has been committed by the said fugitive within the said govern­ ment, who shall thereon issue his warrant to the Marshal or deputy Marshal of the same place to arrest the fugitive and have him before the said district judge, or the said pursuer may apply to such marshal or deputy Marshal of the same place to arrest the fugitive and have him before the said district judge, or the said pursuer may apply to such marshal or deputy Marshal directly, who, on exhibition of proof as aforesaid, shall thereupon arrest the fugitive, and carry him before the said district judge, and when before him in either way, he shall, within not less than days, nor more than hold a special court of inquiry, causing a grand jury to be summoned thereto, and charging them to [327]

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inquire whether the fugitive hath committed a Murder, not of the nature of treason, within the province demanding him, and on theirfindinga true bill, the judge shall order the officer, in whose custody the fugitive is, to deliver him over to the person authorized as aforesaid to receive him, and shall give such further authorities to aid the said person in safe keeping and conveying the said fugitive to the limits of the United States as shall be necessary and within his powers; and his powers shall expressly extend to command the aid of the posse of every district through which the said fugitive is to be carried. And the said justices, judges, and other officers shall use in the premises the same process and proceedings, mutatis mutandis, and govern themselves by the same principles and rules of law as in cases of Murder committed on the high seas. And the manner of demand by the United States and of compliance by the Spanish government, shall be as follows. The person authorized by any justice of the Supreme court of the United States, or by the district judge where the Murder was committed, to pursue the fugitive may apply to Evidence on oath, though written, and ex parte, shall have the same weight with the judge and grand jury in the preceding cases, as if the same had been given before them orally, and in presence of the prisoner. The courts of Justice of the said states and provinces shall be reciprocally open for the demand and recovery of debts due to any person inhabiting the one, from any person fled therefrom and found in the other, in like manner as they are open to their own citizens: likewise for the recovery of the property, or the value thereof carried away from any person inhabiting the one, by any person fled therefrom and found in the other, which carrying away shall give a right of civil action, whether the fugitive came to the original possession lawfully or unlawfully, even feloniously; likewise for the recovery of damages sustained by any forgery committed by such fugitive. And the same provision shall hold in favor of the representatives of the original creditor or sufferer, and against the representatives of the original debtor, carrier away or forger: also in favor of either government or of corporations as of natural persons: but in no case shall the person of the defendant be imprisoned for the debt, though the process, whether original, mesne, or final be, for the form sake, directed against his person. The time between the flight and the commencement of the action, shall be counted but as one day under any Act of limitations This convention shall continue in force Years from the exchange of ratifications, and shall not extend to any thing happening previous to such exchange. 1

II Considerations on a Convention with Spain HEADS of consideration on the establishment of Conventions between the United States and their neighbors for the mutual delivery of Fugitives from Justice. HAS a nation a right to punish a person who has not offended itself? Writers on the law of nature agree that it has not. That on the contrary, Exiles and Fugitives are to them as other strangers. [328]

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And have a right of residence, unless their presence would be noxious. e.g. infectious persons. One writer extends the exception to atrocious criminals, too imminently dangerous to Society. Namely to PIRATES, MURDERERS, and INCENDIARIES. V A T T E L . L . V .

§ 233. The punishment of PIRACY, being provided for by our law, need not be so by Convention. MURDER. Agreed that this is one of the extreme crimes justifying a denial of habitation, arrest, and redelivery. It should be carefully restrained by definition to HOMICIDE of malice prepense, and not of the nature of Treason. INCENDIARIES, or those guilty of ARSON. This crime so rare, as not to call for extraordinary provision by a Convention. The only Rightful subject then of arrest and delivery, for which we have Need, is MURDER.

Ought we to wish to strain the natural right of arresting and re-delivering fugitives, to other cases? The punishment of all real crimes is certainly desirable as a security to society. The security is greater in proportion as the chances of avoiding punish­ ment are less. But does the Fugitive from his Country avoid punishment? He incurs Exile, not voluntary, but under a Moral necessity, as strong as Physical. Exile, in some countries, has been the Highest punishment allowed by the laws. To most minds it is next to death: to many beyond it. The Fugitive indeed is not of the latter: he must estimate it somewhat less than death. It may be said that to some, as Foreigners, it is no punishment. Answ. these cases are few. Laws are to be made for the mass of cases. The object of a Convention then in other cases would be that the Fugitive might not avoid the difference between Exile, and the legal punishment of the Case. Now in what case would this Difference be so important as to overweigh even the single Inconvenience of multiplying compacts? 1st. TREASON. This, when real, merits the highest punishment. But most Codes extend their definitions of treason to acts not really against one's country. They do not distinguish between acts against the government, and acts against the oppressions of the Government. The latter are virtues: yet have furnished more victims to the Executioner than the former. Because real Treasons are rare: Oppressions frequent. The unsuccessful strugglers against TYRANNY have been the chief martyrs of Treason laws in all countries. Reformation of government with our neighbors, as much wanting now as Reformation of religion is or ever was anywhere. We should not wish then to give up to the Executioner the Patriot who fails, and flies to us. [329]

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Treasons then, taking the simulated with the real, are sufficiently punished by EXILE. 2nd. Crimes against PROPERTY. The punishment, in most countries immensely disproportionate to the crime. In England, and probably in Canada, to steal a Hare, is death the 1st: offence, to steal above the value of 12d. death the 2d. offence. All EXCESS of punishment is a Crime. To remit a fugitive to Excessive punishment, is to be accessary to the crime. Ought we to wish for the obligation, or the right to do it? Better, on the whole, to consider these crimes as sufficiently punished by the EXILE. There is one crime, however, against property, pressed by its consequences into more particular notice, to wit: FORGERY, whether of coin, or paper, and whether PAPER of public, or private obligation. But the Fugitive for forgery, is punished by Exile and Confiscation of the property he leaves. To which add by Convention a civil action against the property he carries or acquires to the amount of the special damage done by his forgery. The CARRYING AWAY of the property of another may also be reasonably made to found a CIVIL action. A Convention, then, may include Forgery and the carrying away the property of others under the head of 3. Flight from DEBTS. To remit the fugitive in this case, would be to remit him in every case. For in the present state of things, it is next to impossible not to owe something. But I see neither injustice nor inconvenience in permitting the fugitive to be sued in our courts. T h e laws of some countries punishing the unfortunate debtor by perpetual

imprisonment, he is right to liberate himself by flight, and it would be wrong to re-imprison him in the country to which he flies. Let all process therefore be confined to his property. MURDER, not amounting to TREASON, being the only case in which the Fugitive is to be delivered, On what EVIDENCE, and BY WHOM shall he be delivered? IN THIS COUNTRY let any justice of the Supreme court of the United States, or their Judge of the district where the fugitive is found use the same proceedings as for a murder committed on the high seas: until the FINDING of the TRUE BILL' by the Grand jury; but Evidence on oath from the country demanding him, though in writing and ex parte should have the same effect as if delivered orally at the examination. A TRUE BILL being found by the Grand jury, let the officer in whose custody the fugitive is, deliver him to the person charged to demand and receive him. IN the British provinces adjoining us the same proceedings will do. IN the Spanish provinces a proceeding adapted to the course of their laws should be agreed on. T H : JEFFERSON Mar. 22. 1792 [330]

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M S ( D N A : R G 59, M L R ) ; in clerk's hand except for date and signature; text of "Heads of consideration" is on one side written as a continuous text filling the whole sheet; the proposed conven­ tion appears on the verso in two columns (the manner of arranging the text and the handwriting indicate the use of a new clerk, perhaps a temporary one); endorsed by Lear, incorrectly: "Report of the Sec­ retary of State on the Subject of a Con­ vention with the Spanish Provinces, on the delivery of fugitives from justice. 22d March 1792." This is the text as submit­ ted to Washington, and only the T r in D N A : R G 59, S D C agrees with it, the other texts bearing the alteration indicated in note 1, below. P r C ( D L C ) ; with inter­ linear correction in clerk's hand (see note 1). P r C of T r ( D L C : Short Papers). F C ( D N A : R G 59, S D R ) . These last three states represent the final text after T J had accommodated one of the two doubts expressed in Washington's inquiry of 25 Mch. 1792 by making the alteration indi­ cated in note 1, below. T J ' s proposed convention with Spain for the rendition of fugitives from justice was a direct result of the importunities of Governor Charles Pinckney of South Carolina. Pinckney had suggested that he write directly to Governor Quesada of Florida, requesting the return of two fugi­ tives who were under indictment in South Carolina, a step T J successfully prevented ( T J to Washington, 7 Nov. 1791; Wash­ ington to Pinckney, 8 Nov. 1791, Fitzpatrick, Writings, xxxi, 412-3). Although Pinckney agreed not to dispatch his let­ ter to Quesada after reading T J ' s observa­ tions on it, he wrote again to the President urging the federal government to devise some arrangement with Spain to prevent the use of Florida as a place of refuge for fugitives from American justice (Pinck­ ney to Washington, 8 Jan. 1792, D N A : R G 59, M L R ) . Pinckney's impassioned plea for federal action convinced T J of the desirability of a limited extradition agree­ ment with Spain. Washington received the South Carolina governor's letter on this subject about the middle of March 1792 and immediately referred it to T J , who was already in the process of prepar­ ing instructions for William Carmichael and William Short aimed at resolving the

1792

most outstanding diplomatic differences between the United States and Spain (Washington to Pinckney, 17 Mch. 1792, Fitzpatrick, Writings, xxxii, 5-6). T h e Secretary of State thereupon drew up the cautiously worded convention printed above. In consequence of his views on the incompatibility of republican and despotic legal systems, T J carefully restricted the right of extradition to the sole case of pre­ meditated murder "not of the nature of treason," but in deference to Pinckney's expressed concerns, he also provided for civil actions for damages against debtors and forgers in the courts of the coun­ try of refuge. There was no mention of the problem of fugitive slaves undoubtedly because of the agreement on their rendi­ tion concluded between Governor Que­ sada and James Seagrove the preceding August (see T J to Governors of Geor­ gia and South Carolina, 15 Dec. 1791, and enclosures). T J submitted texts of the proposed convention to James Madison and to Washington. There is no record of Madison's reaction, but Washington expressed reservations about the wisdom of subjecting forgers to civil rather than criminal action and T J ' s failure to limit the period of time for which they were liable to such action. T J altered the text to make any limitation on civil actions against debtors and forgers a subject of negotiation with Spain and dispatched a copy of the revised convention to Pinck­ ney at the beginning of April 1792. Pinck­ ney approved of T J ' s handiwork, but even before the Secretary of State learned of this, he also sent another copy of the convention to William Carmichael and William Short and instructed them to take up the matter with the Spanish govern­ ment ( T J to Madison, 16 Mch. 1792; Washington to T J , 25 Mch. 1792; T J to Pinckney, 1 Apr. 1792; T J to Carmichael and Short, 24 Apr. 1792; Pinckney to T J ,

28 Apr. 1792). In the end T J ' s proposed extradition convention with Spain came to naught. Spanish negotiators insisted that the con­ vention include all malefactors as well as fugitive slaves, whereas their American counterparts wished to restrict it to pre­ meditated murderers. Unable to recon­ cile these differences, the United States and Spain failed to reach an agreement.

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As a result, Jay's Treaty was the first one signed by the United States with a foreign nation that made provision for the rendition of fugitives from justice (John B . Moore, A Treatise on Extradition and Interstate Rendition, 2 vols. [Boston, 1891], I , 84-92).

1792 1

In some copies of the document, this sentence was altered to read: "If the time between the flight and the commencement of the action exceed not years, it shall be counted but as one day under any act of limitations."

To the Speaker of the House of Representatives SIR Philadelphia March 22. 1792. According to the Resolution of the House of Representatives of February 23. 1791, I had prepared to lay before them, at their pre­ sent meeting, a Report on the commerce and navigation of the United States with foreign nations. A possibility, however, has arisen that the existing state of things to which that Report was adapted, may be changed in several of it's parts, and may call for a corresponding change of measures. I take the liberty, therefore, to express an opinion that a suspension of proceedings herein, till the next Session of Con­ gress, will be expedient, and to propose withholding the Report till then, unless the House of Representatives shall be pleased to signify their pleasure to the contrary.—I have the honor to be, with the most perfect esteem and respect, Sir, your most obedient and most humble Servant, T H : JEFFERSON P r C ( D L C ) ; in clerk's hand except for signature. F C ( D N A : R G 360, D L ) . Entry in S J P L reads: "Report T h : J . on commerce of U S . with foreign nations." The House of Representatives read T J ' s letter this day and tabled it, thus signi­ fying its acceptance of his wish to delay

submission of the Report on Commerce till Congress' next session ( J H R , I , 543). T J undoubtedly decided to withhold this report because of the possibility that the United States might conclude a treaty of commerce with Spain in the interval. T J did not submit the Report on Commerce to the House until 16 Dec. 1793.

From Andrew Ellicott March 23d. 1792 Mr. Ellicott sends his compliments to Mr. Jefferson, and requests the favour of him to replace the 20 dollars which he paid to the engravers as appears by their enclosed receipt. R C ( D N A : R G 59, M L R ) ; addressed; endorsed by clerk as received 23 Mch. 1792 but not recorded in S J L or S J P L ; also endorsed in another hand: "engraver—federal buildings."

[332]

From Daniel L. Hylton DEAR SIR Richmond Virginia Mar. 23. 1792 Your favour of 13th. inst. I reced inclosing an order on the inspec­ tors for your last years crop of tobo, with directions to be shipt to Philadelphia, in consequence have lodg'd the order with them for that purpose and when your tobo, comes down (shall as requested) ship it agreeable to your wish. Not a Hhd yet is at the whouse, as repeated before. I beg youll not consider any thing in my power a trouble as it will give me pleasure during your absence from here to render you every service within my reach. Mrs. Hylton joins me in every wish for yr. happiness, & Am Dear Sir Your Frd. & st, DANL. L . HYLTON DR. SIR March 25th. 1792 Being to late in sending the inclosd by the last post furnishes me an opportunity of acknowledging the rect. of yr. favour of 17th. last night and shall agreeable to your desire see Mr. Banks and if possible make sale of the land on the terms mentiond so as to relieve your uneasiness from one of the worst of all the human race, and if so fortunate to accomplish the desirable wish I shall feel myself particularly happy. He has sued most every debtor of Farell & Jones notwithstanding generous offers has been made by some, such as paying the principal and Interest since the conclusion of the war and if the judges were of opinion the int. ought to be pd. during the war, the debtor wou'd pay that also. Indeed my friend this constitution bears hard on the citizens of the united states and cannot help having my suspicions of british influence prevailing too much in our cabinet, to subject our citizens to pay the british debts without having the treaty fully comply'd with on their part, makes them pay this debt doubly, for sure I am, many who owes those debts have lost more Negroes then wd. amply make them compensation, now compel the citizens to pay in the first instance, what security have they for this money ever being refunded. If the decision of the judges are in favr. of these people without a full compliance of the treaty I fear this country will be involved in a scene of distress never yet experienced before and from that decision will make the best of their subjects become an enemy to a goverment fraught with injustice to them, view the law under which those debts were contracted, where every citizen had an equal right to commence a suit in the same court where justice was equaly distributed to each individual, what injury does not the citizen sustain by the change of goverment, have not every debtor at this day on open accot. under the acts of our assembly, a right to plead the act [333]

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of limitation by which means the honest creditor for ever debar'd a recovery. This I know of my own knowledge too frequently done from this circumstance deprives the debtor, however honest his intentions of paying those british debts. Again, if this Act is not plead, from the tardiness of our courts it will be at least four years before the creditor can recover of the debtor. On the other hand in the federal Court British creditors have a right to sue his debtor and the cause tryd in a court not heard of, or ever suspected by the debtor before. Of course this new adopted system a summary mode I may with propriety assert is taken against the debtor of the united states and which in my weak judgmt is expressly expost facto. Another circumstance in this new regulated judiciary departmt. is in the appellant jurisdiction where the citizens are drag'd from the exstreme part of the continent to Philada. without a friend to advocate their cause. These hardships when experienced by the people, will make them more disgusted with the goverment from the great inconvenience and expence of subjecting the citizens of the united states in all matters of controversy between them. I fear have already intruded to much on your patience on a subject, the event of which I know my country deeply interested in. Every happiness attend you is the sincere wish of Your Frd. & St, DANL. L : HYLTON RC (MHi); text of both letters writ­ Richard Hanson, the attorney to whom ten consecutively on same sheet of paper; T J had been making payments in the endorsed by TJ as received 31 Mch. 1792 Wayles' debt, was in Hylton's view O N E and so recorded in SJL. O F T H EW O R S T O F A L L T H E H U M A N R A C E .

To José de Jaudenes and José Ignacio de Viar GENTLEMEN Philadelphia Mar. 23. 1792. I have the honour to inform you that a commission has been issued to Mr. Carmichael and Mr. Short, as Commissioners plenipotentiary for the U . S . to confer, treat and negocíate with any person or persons duly authorized by his Catholic majesty of and concerning the navi­ gation of the river Missisipi, and such other matters relative to the confines of their territories, and the intercourse to be had thereon, as the mutual interests and general harmony of neighboring and friendly nations require should be precisely adjusted and regulated, and of and concerning the general commerce between the U . S . and the kingdoms and dominions of his Catholic Majesty, and to conclude and sign a treaty or treaties, Convention or Conventions thereon, saving as usual [334]

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the right of ratification: which Commission is already on it's way to Mr. Short whom it will find at the Hague, and who is desired imme­ diately to proceed to Madrid. I expect his route will be by Bourdeaux and thence across the Pyrenees by the usual road. Might I hope your application to your court to send a passport and proper orders to their officers, where he must first enter the kingdom, to protect his passage into and thro' the kingdom, in order to prevent the loss of time which would be incurred by his waiting there till he could ask and receive a passport from Madrid?—With the sincerest wishes that the matters not yet settled between the two countries may be so adjusted as to give a free course to that conduct on both sides which an unity of interest evidently prescribes, and with sentiments of perfect esteem & respect for yourselves, I have the honour to be, gentlemen, your most obedt. & most humble servant, T H : JEFFERSON P r C ( D L C ) . F C ( D N A : R G 360, D L ) . The two Spanish agents in Philadelphia responded to this letter by expressing the hope that the appointment of Carmichael and Short would lead to the resolution of all outstanding differences between the

United States and Spain and by promising to do everything in their power to facili­ tate Short's passage through their native land (Jaudenes and Viar to T J , 24 Mch. 1792; in Spanish; R C in D N A : R G 59, N L ; recorded in S J L as received 25 Mch. 1792).

From Henry Lee SIR Richmond March 23d. 1792. Your letter of the 14th. was received by the last night's mail, in answer to which I beg leave to refer you to the enclosed Acts of Assembly. I presumed that the Commissioners had made an offer of the hospital to the General Government in pursuance of the Authority vested in them, and that the acceptance of the offer had been deferred until a part of the building was fit for use. Therefore did I transmit an extract from Doctr. Taylor's letter to the President of the United States. I will forward to the Commissioners a copy of your letter and request them to communicate with you on this subject. I have &c. HENRY LEE. F C (Vi: Executive Letter Book). Recorded in S J L as received 31 Mch. 1792. The E N C L O S E D A C T S O F A S S E M B L Y were probably the Virginia laws creating a

marine hospital for aged, ill, and infirm seamen (enacted 20 Dec. 1787), and another of 24 Dec. 1791 authorizing the hospital commissioners to sell the same to Congress (Hening, xn, 494-5, xni, 1589).

[335 ]

From Jean Baptiste Ternant Saturday morning 24 march 1792 Mr. Ternant's compliments to Mr. Jefferson—sends the inclosed, which was amongst several letters brought by the King's Store ship, Mozelle arrived yesterday in this port.—The ship was sent here to load supplies for the Cape. On the 4th. of march, there were only 1400 men arrived at that place out of the 6,300 troops officially announced to the Governor from france. T w o ships of the line, four frigates and sev­ eral store ships are still expected, but the vessels already arrived with part of the troops, had a long and boisterous voyage of one hundred days, which gives great uneasiness about the rest.—The distresses of the colony continue to be extreme, and the insurrection is rather aug­ menting than abating.—Mr. Ternant found also amongst the letters brought him, one directed to General Washington, which he likewise sends to the President's house. If after seeing the comanding officer of the Mozelle, he learns farther particulars worthy Mr. Jefferson's attention, he will not fail to impart them. Mr. Ternant's letters say nothing of those directed to Mr. Jefferson and to the President. R C ( D L C ) ; endorsed by T J as received 24 Mch. 1792 but not recorded in S J L . Enclosure: Cutting to T J , 1 Mch. 1792, which in turn enclosed a duplicate of that of 21 Feb. 1792. T h e letter D I R E C T E D to

the President was Mirbeck to Washington, 6 Mch. 1792, transmitting various imprints relating to the current state of affairs on Saint-Domingue ( D N A : R G 59, MLR).

From George Washington Saturday afternoon [24 Mch. 1792] The Letters from Mr. de Mirbeck and Mr. Vall-travers to the P and from the Proprietors of the Federal City to Mr. Walker, he wishes Mr. Jefferson to read and consider, that answers to, or proper notice of them, may result from it. R C ( D L C ) ; endorsed by T J as received 24 Mch. 1792 and recorded in S J P L where the entry reads: " G . W. to T h : J . with letters of Mirbeck, Valtravers and Walker."

[336]

To John Hancock SIR Philadelphia Mar. 25. 1792. The bearer hereof Mr. Ciracchi, a celebrated sculptor from Rome, proposing to go to Boston to explain the device of a monument which he wishes to erect for the United States, I take the liberty of introduc­ ing him to the notice of your Excellency, persuaded that it is desireable to you to have strangers, of particular merit, particularly made known to you. The things which he has done here suffice to prove him supe­ rior to any artist of his line I have ever met with, and he has been long enough and intimately enough known to me to authorize my assuring you he has great personal worth. While I am presenting him to your attention, it is a circumstance of additional gratification that it renews to me the occasions of assuring you of the perfect esteem & respect with which I have the honour to be Your Excellency's most obedt. & most humble servt, TH: JEFFERSON RC (MH); at foot of text: "H. E . Governor Hancock." PrC (DLC).

From David Humphreys Lisbon, 25 Mch. 1792. He has just received confirmation from Gibraltar of the death of the Emperor of Morocco mentioned in his last letter. Thomas Barclay is pleased that he did not reach Morocco "before the change of Masters in that Country."—The Queen's health has greatly improved in the last week. Dr. Willis concluded that her physicians had treated her improperly and that she would have died if they had continued the same treatment. Willis hopes for her total recovery and told him that yesterday she was "much better than She had been at any other time since his arrival, and entirely in her right mind."— Last night while at the French ambassador's house he learned of the death of the Emperor of Germany. RC (DNA: R G 59, DD); 2 p.; at head of text: "(No. 50)"; at foot of text: "The Secretary of State"; endorsed by T J as received 16 May 1792 and so recorded in SJL; portions bracketed by T J and printed in National Gazette, 21 May 1792. Tr (same).

From William Short D E A R SIR Paris March 25. 1792 My last informed you of the breach which had been made in the ministry by the dismission of M . de Narbonne, the arrestation of M . de Lessart and resignation of M . de Bertrand. Since then the [337]

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others have resigned and their successors have been appointed. The club des Jacobins have at length obtained the triumph they have been long aiming at by all sorts of means. They have forced the King to take the members of his council from their body, so that all the present ministers except that of the war department, are the most violent, popular and leading members of the club des Jacobins whose exagerated and dangerous principles have been long known wherever the French revolution has been heard of. The King in his letter to the assembly announcing these appointments (which you will see in the gazettes sent) does not conceal his regret at losing his former ministers and the sacrifice which he has made in chusing the present. They are, for the foreign department, M . D u Mourier, very famous under the late reign as being one of the four persons employed by the Count de Broglie for the secret correspondence kept up during many years and communicated directly to the King, without the knowledge of the minister of foreign affairs, being intended as a watch and often as a check on his operations. For the Marine, M . de la Coste formerly clerk in that department and lately one of the commissaries sent to the islands. For the intérieur M . Roland de la Patière, brother in law of Brissot de Warville who is known to you. For the contributions publiques, M . de Clavière, the co-operator of Brissot de Warville in their work on the commerce of the United States with France and much known for his writings on finance. For the department of justice, it is supposed an Avocat of Bordeaux, but this is not yet declared. This ministry has not yet had time to shew in what line they will march. It will certainly however be in a very popular one. But as it is impossible that it can be as popular as the club des Jacobins will desire, it is highly probable that there will soon be a scission between those who are in the ministry and those who are out. In that case they will be denounced and counteracted as much as their predecessors, unless indeed they have address enough to gain some of the most eloquent of their speakers. For a short time at least there may be expected union between the executive and legislative and nothing less can prolong the existence of the present government. This prospect combined with some other causes, has occasioned within these five or six days a most unexpected rise in the value of the assignats. Specie was the day before yesterday at 25. p. cent, it had been as high as 60. Exchange with all countries rose in the same proportion and had every appearance of continuing. Yesterday there was a check and a small fall which will probably continue, until greater confidence shall be acquired by the present ministry, or until [338]

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the prospects become brighter from abroad. Besides the political causes of this fluctuation in public credit, there are others also which have a considerable effect, arising from the excessive gambling in the funds and in bills of exchange which creates and destroys fortunes daily. Within these few days there have been several bankruptcies one of which is for ten or twelve millions. As yet it appears probable that the King of Hungary will pursue the line marked out by his father. This will necessarily create delay. The present circumstances of the emigrants will not admit of their waiting for it. The assembly is now passing a decree for seizing their property and for appropriating it, at least of those who do not return within a term prescribed, to the expences occasioned by the preparations for war. This will bring back several of those who have large fortunes, but will probably have no effect on the others. With respect to Spain there seems a probability of more moderation in the system adopted towards this country. Several inhabitants of the frontiers carried off prisoners to Spain have been returned since the change of the Ministry. I inclose you a copy of a letter from Mr. Carmichael the only one I have reed, from him for a long time, those he mentions having written, having never come to my hands. The memorial which he speaks of as having militated against his ideas is my letter of June 1. to M . de Montmorin and of which I inclosed you a copy in my No. 67. forwarded by M . de Ternant and received by you in due time as you informed me in yours of Nov. 24. Not being acquainted with Mr. CarmichaePs ideas I cannot say in what manner this letter could have militated against them. You will perhaps be better able to judge as you will probably have been informed of them and as the copy of the letter is in your possession. Your letter to me on this subject certainly rendered it highly proper not to say indispensable that I should have proceeded in this manner with respect to M . de Montmorin. I am happy to find from Mr. CarmichaePs letter that he presumes favorably for the U . S . from Count Daranda's being at the helm. I have thought it best to transcribe Mr. CarmichaePs letter that you might have his own expressions as well with respect to this circumstance as that of the memorial mentioned above. In mentioning the change of the ministry I should not omit the circumstance of Messieurs Hennin and Rayneval being no longer employed. M . de Lessart judged it a necessary measure for diminish­ ing the malevolence of the popular party towards his department, and gave them as successor the day before his arrestation M . Bonne Carrere appointed Minister to Liege, but not received there on account [339)

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of his popular principles. It will no doubt strike you that the present moment exhibits a favorable prospect for changing the decrees of the former assembly relative to the articles of our commerce. Hitherto it was in vain that the ministry were well disposed. A proposition from them would have been a reason the more in favor of those who were for supporting decrees manifestly against the public weal but favor­ able to the private interests of several persons or parties. At present any proposition from the ministry will be well received and particu­ larly those relative to the general interests of commerce from M . de Claviere, in whose talents all the popular party have much confidence, and above all in matters of this kind. With respect to the opinion of M . de Claviere on this subject as relative to the U . S . they have been long known to you. I have never had any communcation of any kind with him or Warville who is one of his co-operators, except in the publica­ tion of the pamphlet on tobacco more than twelve months ago and of which you were informed. Since then I have not seen either of them, but have no doubt their sentiments will be the same. In that case we may count on an alteration in the decrees relative to our commerce being proposed by that minister and supported in the assembly by Warville and the popular party who form a decided and large majority. I purpose speaking with Ministry on the subject and have full hopes of being able in a very short time to announce to you the change at least on the importation of salted provisions and tobacco from the U . S . The rest will certainly follow unless there should be some considerable deviation from present principles. A decree concerning the colonies was at length adopted yester­ day after the unexpected delays with which you have been made acquainted. It confirms fully the gens de couleur in the rights which have been alternately granted and refused by the former assembly according to the state of parties at the time of passing each decree. For the other dispositions of the present decree I refer you to the gazette universelle of this morning herein inclosed. The decree respecting the succours to be given to the colonies I am assured will be passed in a few days. The Bishop of Autun has returned here from London. It is said and he says, to have more ample powers for prosecuting the business he was sent on. He has given assurances which have been mentioned from the diplomatic committee, of England's observing the strictest neutrality with respect to the affairs of France, and adds also a prob­ ability of connexions being formed between the two countries. As yet however he has in all likelihood only conjectures to go on, and most people seem to think the conjectures against him. It is certain however [340]

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that some expressions in the speeches of some of the ministerial members of Parliament, seem designed to sound the public opinion on this subject, which is the most favorable symptom, if not the only one, for him. I am desired to ask your attention to the two inclosed letters. There is also a third one for yourself.—I have the honor to be with perfect respect, Dear Sir, your obedient & humble servant, W: SHORT P r C ( D L C : Short Papers); at head of text; "No. 97."; at foot of text: "Thomas Jefferson Secretary of State Philadelphia." T r ( D N A : R G 59, D D ) . Recorded in S J L as received 6 June 1792. Enclosure: Carmichael to Short, 1 Mch. 1792, in which he stated: "On the 24th of November I gave you the only important communication which I had then to send relative to our negotiation here. On the sixth of Augt. I addressed you on the same subject, having previously advised you that I had a Copy of your Memorial to the Ct. de Montmorin, the presentation of which here militated against my ideas at the time when the communication was made. I found by your last to me that my two former letters had not reached you and I do not know yet whether my last has not had the same fate. I could not write by the return of the courier, because the charge des affaires of France gave me your letter when a severe bilious cholic incapacitated from all business and he was obliged to dispatch his courier before I could follow him to the Escorial from whence he sent him. At present I advise you of a change in the Ministry here. Without entering into minute details, I can assure you that it has been long premeditated and that you may pay little attention to the various reasons which may be assigned for such an extraordinary event to all outward appearances. If the Ct. Daranda who succeeds the C . de Florida Blanca preserves as Minister the same sentiments that he held

forth to me as a particular we shall gain by the exchange. This morning he announced to the Corps diplomatic that his majesty had entrusted him in the interim with the department of Ct. de Florida Blanca and with his official note to me on this occasion he included two answers to notes that I had addressed to the Ct. de F . B . entirely satisfactory the only instance of attention received by any of our Corps. I am pressed for time, Bourgoins courier waits for this letter. If the people with you are wise and moderate that Gentleman may succeed here. He has every talent necessary for this purpose" ( T r in D N A : R G 59, D D ; R C in D L C : Short Papers, includes paragraph about James Swan and Gouverneur Morris omitted in T r ) . The W O R K in question by Etienne Clavière and Jean Pierre Brissot de Warville was De la France et des EtatsUnis, ou de T Importance de la Révolution de F Amérique pour le bonheur de la France (London, 1787). See Sowerby, No. 3609. T J instructed the American minister in Paris to work for the elimination of the DECREES

. . . RELATIVE

TO . . . OUR COM-

MERCE well before Short's letter arrived in Philadelphia ( T J to Gouverneur Morris, 10 Mch., 28 Apr. 1792). The Legislative Assembly's 24 Mch. 1792 D E C R E E granted full political rights to all "hommes de couleur et nègres libres" in the French colonies (Archives Parlementaires, X L , 451).

From George Washington March 25th. 1792. The President of the United States has attentively considered the "Project of a Convention with the Spanish Provences" which was [341]

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submitted to him by the Secretary of State, and informs him that the same meets his approbation.—The President, however, thinks it proper to observe, that in perusing the beforementioned Project some doubts arose in his mind as to the expediency of two points mentioned therein.—The one relative to instituting a civil, instead of a criminal process against Forgerers; who, generally, if not always, are possessed of little property. —The other, respecting the unlimited time in which a person may be liable to an action. By expressing these quaeries the President would not be understood as objecting to the points touched upon; he only wishes to draw the Secretary's further attention to them, and if he should, upon reconsid­ eration, think it right for them to stand upon their present footing the President acquiesces therein. 1

2

3

R C ( D L C ) ; endorsed by T J as received 25 Mch. 1792 and recorded in S J P L where the entry reads: [ G . W. to T h : J . ] on convention with Spain." F C ( D N A : R G 59, M L R ) ; in Lear's hand, with one interlineation in Washington's hand and with two deleted passages as indicated in the notes below. T r (same, S D C ) . W

1

Preceding ten words are interlined in F C in Washington's hand. In F C at this point the following pas­ sage is deleted: "In regard to the first, Altho' from a well intentioned principle of lenity a civil, instead of a criminal pro­ cess might be desireable against persons accused of the high crime of forgery— Yet, might not instances occur in which, from the enormity of the crime or from some peculiar circumstances atten[ding iti a criminal process would be highly prop­ er, and that a serious detriment might accrue to the Government from having given up the right of instituting such a process?—And would not the recovery of damages against the culprit, in all cas­ 2

es, be inadequate to the injury sustained by the prosecuting party, and especial­ ly, as those who may be guilty of such crimes are generally persons destitute of sufficient property to make good the dam­ ages they have done?—In regard to the second point—Would not a limitation of the time between the flight and the com­ mencement of the Action (letting the time extend far enough to take in every supposeable case) be a piece of attention due to the unfortunate (for there may be some of that description among fugitives) by relieving them from solicitude and per­ haps vexatious prosecutions after a certain period?—And would not such a limita­ tion prevent an endless litigation, with­ out depriving the Creditor of that right of prosecution to which he is justly entitled?" 3

In F C at this point the following pas­ sage is deleted: "The Secy will receive herewith for his consideration an Estimate of the Post Master General for carrying the Mail (which the President requests him to take into consideration)."

From Benjamin Hawkins SlR Senate Chamber 26 march 1792 I have sent the messenger of the Senate to you for 1st. vol. of Ramsays history of S. Carolina. I shall return it to-morrow. I had a conversation with Geni. Dickinson, on the subject I men[342]

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tioned to you yesterday. He expects this evening to be in company with Hammond and Bond and he will speak very freely to them, as from himself, and let me know the result to-morrow. On his present standing he expects they will as they have done, begin the conversation on their part. You know his candid mode of expressing himself and on this occasion it is extremely proper. He will ask H . or B . whether there has been an explicit declaration on the part of his Court through you to the President of their disposition to carry the treaty into effect. And if there has not what right can he have to expect any benefit will result from his visit to this Country.—Yours sincerely, BENJAMIN H A W K I N S RC (DLC); endorsed by T J as received 26 Mch. 1792 and so recorded in S J L . Philemon D I C K I N S O N was currently a member of the Senate from New Jersey ( D A B ) .

To Daniel L. Hylton D E A R SIR

Philadelphia Mar. 26.

1792.

Immediately on the receipt of your favor of the 10th. which was not till the 20th. inst. I commenced an enquiry into the chances of getting Miss Hylton carried back under the care of some of the ladies who will be returning. The list stands as follows: Colo, and Mrs. Monroe return in their own chariot with a pair of horses, and three persons in the carriage. Mrs. Griffin does not return at all, proposing to pass the summer somewhere Northward of this. Neither Colo. Davies nor Mr. Beckley return. Young Mr. Lewis, and Miss Norton, who is to be Mrs. Lewis in a few days, go back in their own carriage, with three persons in it. Our only chance therefore is Mr. and Mrs. Page. This is not a certain one, because Mrs. Page is fattening so fast that Mr. Page says if the adjournment of Congress should not be as early as is contemplated he shall not be able to carry her back, otherwise he will with pleasure take care of Miss Hylton. He is not quite decided how he shall return. Mrs. Page has an aversion to the water, and she talks of hiring a coachee. Upon the whole I think it rather probable they will return, and whether by land or water I shall hope to be able to get Miss Hylton in with them. As to the time it is uncertain. We may guess from the 20th. of April to the 10th. of May: but it is only a guess. You will be so good as to recommend to Miss Hylton to be in a state of readiness, and as soon as the day is known I will drop her a line that she may come on: and I will also inform you by post of the day she sets out, and where you are to meet her. [343]

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I have reason to beleive that I am credited here for two hogsheads of tobo, less than there actually came. I have an exact knowlege of what Stratton brought, but not of what came by any other vessel or vessels, as I was not in Philadelphia at the time. If you could let me know what hogsheads were sent by any other vessel than Strattona you will much oblige me, that I may be able to settle with my tobacconist.— My affectionate compliments to Mrs. Hylton & am Dear Sir Your friend & servt., TH: JEFFERSON P.S. I suppose you will have heard of the death of young Mr. Braxton, whose funeral we attended yesterday. P r C (MHi).

Memorandum of Conversation between Philemon Dickinson and George Hammond 26 march Dfickinson] arrived late laste evening but immediately on his enter­ ing the room H[ammond] accosted him, and began in the strain of the festive night? D . What progress have you made with Jfefferson]? H . Not much D . I will tell you what, H , it is conjectured here that there is some defect in your powers, and that in consequence the result of your visit here will not be productive of any good. H . I have full and ample powers upon my honour. D . You have! In the name of heaven what have you been doing, why do you not make some progress in your business, why do you not evacuate the posts. H . The loss of our merchants in Virginia have been immense, and owing to the non complyance with the treaty on your part. D . I have heard from good authority that you have not shewn the least disposition to prove on your part that you are seriously disposed to accommodate. You have heretofore asked me to be candid, and I will be so. I have observed that you are shy of J . and that you are very intimate with the Secretary] of the T[reasury]. It is known that these 2 do not accord well together, and if your négociations are through that quarter I have little confidence in them. I know J . so well, that I [344]

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am sure you are to blame. He I am confident is disposed to do what is proper, tho I have never heard a word from him on the subject, and I take it you keep yourself at a distance from him, very improperly. H . The S. of the T . is more a man of the world than J . and I like his manners better, and can speak more freely to him. J . is in the Virginia interest and that of the French, and it is his fault that we are at a distance; he prefers writing to conversing and thus it is that we are apart. D . I am certain J . is a man of such nice honor that he will not mingle any interest improperly in his négociations, and you mistake him altogether. Your business is with him, and you should apply to him only. An interuption but the conversation will this evening revive in the Consul B[ond]. MS (DLC); entirely in Benjamin Hawkins' hand; endorsed by T J as received from him 27 Mch. 1792 and so recorded in SJL.

From Benjamin Rush D E A R SIR Walnut Street 26th: march. 1792. The bearer John Hall, a freeman has been encouraged to apply to you to dispose of one of your female Slaves to whom he was married while he resided in Virginia. The man bears a good Character, and from the number of worthy people in our city who have taken an interest in his happiness, I have no doubt but he will faithfully comply with any engagement he may enter into, to pay the full price for his wife. I am sure you will rejoice in this opportunity of doing homage to your own principles, as well as in conferring a high degree of happiness upon a worthy, but unfortunate individual.—From my Dr. Sir yours with great respect,

BENJN: RUSH

RC (DLC); endorsed by T J as received 26 Mch. 1792 and so recorded in S J L .

To George Walker SIR Philadelphia Mar 26. 1792. I have duly received your favor of the 21st. with the letter from sundry inhabitants of George town which it inclosed, and have laid them before the President. You have before understood, Sir, that Majr. L'Enfant was originally called into the service by Mr. Carrol, [345 ]

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who doubting, before Majr. Lenfant's arrival here, whether he could with propriety act as a Commissioner while he remained a member of the legislature, it fell on the President to point out to the Majr. the objects of his attention and to send him on to the other Commissioners under whose employment and direction he was explicitly informed that he was to act. This accident alone gave an appearance of an original interference by the President, which it neither was, nor is his intention to practise. Whoever wishes for employment, whether it be Majr. Lenfant or any other, must apply to the Commissioners directly, the President being decided not to meddle with those details. He would certainly wish to do what would gratify the inhabitants, in any instance where it would be consistent with propriety. In the present he can do no more than leave the Commissioners free to follow their own judgment.—I am with great esteem, Sir Your most obedt. servt.,

TH: JEFFERSON

PrC (DLC).

To David Campbell SIR Philadelphia Mar. 27. 1792. Your favor of Feb. 25. by Mr. Allison has been duly recieved. Hav­ ing been now 17. years out of the practice of the law, and my mind too constantly occupied in a different line to permit my keeping up my law reading, those subjects are now too little familiar to me to venture a law opinion on the question discussed in the Charge you were so kind as to send me. I am much pleased with the mention therein made that the people are happy under the general government. That it is calculated to produce general happiness, when administered in it's true republican spirit, I am thoroughly persuaded. I hope too that your admonitions against encroachments on the Indian lands will have a beneficial effect. The U . S . find an Indian war too serious a thing, to risk incurring one merely to gratify a few intruders with set­ tlements which are to cost the other inhabitants of the U . S . a thousand times their value in taxes for carrying on the war they produce. I am satisfied it will ever be preferred to send an armed force and make war against the intruders as being more just and less expensive. A new post extended to the South Western territory will I hope soon open a more regular communication with that country. I am with great esteem Sir Your most obedient & most humble servt., TH: JEFFERSON PrC (DLC).

[346]

William Carmichael

Anthony Wayne

Elias Boudinot

"Massachusettensis" Attacks Jefferson

Plan of the City of Washington in the Federal District

Report on Negotiations with Spain

Jefferson Responds to George Hammond

From Thomas Mann Randolph, Jr. SIR Monacello March 27. 1792. I am happy to inform you that a great part of your young trees from Long-island is alive notwithstanding the hardships they underwent during the Winter. The apple, peach, Nectarine and plumb trees, the poplars and balsam of Peru, the filberd and cranberry plants with all the roses except the moss rose are evidently reviving. We are yet in doubt concerning the Venet. Sumach, and allmost despair of the Evergreens. The Sugar maple, it appears, is the most delicate of the whole number, for all of them are totally lost. It gives some consolation however, to know with certainty that this plant is abundant about Calf-pasture, and that the hemlock-spruce-fir is a native of Monto.— Another unproductive year in the orchards of the low country increases the value of the mountains by giving reason to think that their summits in a short time will be the only region of Virginia habitable by fruit trees.—Colo. Lewis shewed me the other day an account of your Tobacco made last year. The exact sum has sliped my memory but I recollect that it lies between 42 and 43000 îb. exclusive of the shares of the Overseers. The manager has received directions to get it on float for Richmond with all expedition. DEAR

The skill and activity of Clarkson are sufficiently manifested allready to make us hope that your affairs in Albemarle will be better conducted than they have ever been. I know it will give you real pleasure to hear that he has a valuable art of governing the slaves which sets aside the necessity of punishment allmost entirely. Contentment reigns among them, and that order which Goodness itself unaccompanied with firmness and vigor could not maintain.—I am Dear Sir your most affte. friend & hble Servt.,

THOS. MANN RANDOLPH

R C ( M H i : Coolidge Collection); endorsed by T J as received 14 Apr. 1792 and so recorded in S J L .

To Timothy Pickering SIR Philadelphia Mar. 28. 1792. Wednesday morng. The President has desired me to confer with you on the proposition I made the other day of endeavoring to move the posts at the rate of 100 miles a day. It is believed to be practicable here because it is practised in every other country. The difference of expence alone

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appeared to produce doubts with you on the subject. If you have no engagement for dinner to day, and will do me the favor to come and dine with me, we will be entirely alone, and it will give us time to go over the matter and weigh it thoroughly. I will in that case ask the favor of you to furnish yourself with such notes as may ascertain the present expence of the posts, for one day in the week to Boston and Richmond, and enable us to calculate the savings which may be made by availing ourselves of the stages. Be pleased to observe that the stages travel all the day. There seems nothing necessary for us then but to hand the mail along through the night till it may fall in with another stage the next day, if motives of economy should oblige us to be thus attentive to small savings. If a little latitude of expence can be allowed, I should be for only using the stages the first day, and then have our own riders. I am anxious that the thing should be begun by way of experiment for a short distance, because I believe it will so increase the income of the post office as to shew we may go through with it. I shall hope to see you at three aclock. I am with great esteem Sir Your most obedt. humble servt, TH: JEFFERSON P r C ( D L C ) . F C (DNA: R G 360, D L ) . T r (MHi: Pickering Papers). Pickering had expressed a D I F F E R E N C E in an estimate he prepared for the President on 22 Mch. 1792. He con­ cluded that carrying the mail over a 1200 mile route by rider from Portsmouth "in New Hampshire" to Augusta, G a . , in 12 days would cost about $15,000. T h e pre­ OF EXPENCE

sent 2,873 miles of routes cost $22,596 or, as T J calculated it, "to wit 8 D . a mile," and to that must be added the new routes recently provided by Congress. Conse­ quently, he did not think the government could afford the experiment (Pickering's estimate of expense, 22 Mch. 1792; M S in D L C ; endorsed by T J ) . See note 3 at Washington to T J , 25 Mch. 1792.

From Fulwar Skipwith D E A R SIR Fort Royal M[artini]que 28 March 1792 Soon after my late address from Norfolk I embarked for this Island and have been now some weeks arrived. Government here continuing still without any official communication from their Court touching the reception of a Consul from the United States places me in my former state of suspense; yet whenever the obstacles which keep me out office shall be removed, I shall with pleasure undertake to discharge the duties of my Consulate. This as well as the neighbouring french Islands remain in peace. The Ports of this Island alone are shut against Flour from the United States; but the General has lately intimated to me his design of opening [348]

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them in a few weeks, on account of the short supplies which have lately arrived and in future may be expected from France. For a moment I beg leave to call your Excellencys recollection to a Packet which during my residence in Virginia last Summer I transmitted for Geni. Washington, from M . Behague (Governor of M[artini]que). When in Philadelphia I learned from your Excellency that it had been duly received and given into the General. M . Behague complains that its contents which required a reply must have been unattended to as he has not yet received a sentence in return.—With Esteem I have the honor to remain Your Excellencys Mo Obedient and Mo Hum Servant,

FULWAR SKIPWITH

R C ( D N A : R G 59, C D ) ; endorsed by T J as received 22 May 1792 and so recorded in S J L . The P A C K E T from Governor Behague of Martinique contained a request to Wash­ ington for an honorary badge from the Society of Cincinnati (see Skipwith to

T J , 4 Aug. 1791). Washington politely replied that the Society's constitution did not authorize him to grant the gover­ nor's request (Washington to [Behague], 3 June 1792, Fitzpatrick, Writings, xxxii, 51-2, where the recipient is incorrectly identified as "Bretagne").

To George Washington SIR Philada. Mar. 28. 1792. I have the honor to inclose you two letters from Judge Symmes of Jan. 25th. and 27th. His letter of Sep. 17. mentioned in the first of these was received by me Nov. 23. and after being laid before you, was answered Dec. 4. The part of the answer respecting leave from you to come to Philadelphia was in these words. 'The President does not conceive that the Constitution has given him any controul over the proceedings of the Judges, and therefore considers that his permission or refusal of absence from your district would be merely nugatory.' With respect to the escort for the judges on their circuits, you will be pleased to determine whether the good of the service will permit them to have one from the military, or whether that part of the letter shall be laid before the legislature to make regular provision for an escort. That part of the letter respecting jails, must, as I apprehend, be laid before the legislature. The complaint against Capt. Armstrong, in the letter of Jan. 27. coming formally from a judge, will require notice. A civil prosecution in the courts of the Territory appears to me most proper. Perhaps a formal instruction to the Governor as Commander in chief to put his officers on their guard against any resistance to civil process might [349]

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have the effect of preventing future disputes. I shall have the honor of waiting on you to take your pleasure on these several subjects, & have now that of being with sentiments of profound respect & sincere attachment Sir Your most obedt. & most humble servt., TH: JEFFERSON R C ( D N A : R G 59, M L R ) ; at foot of text: "The President of the U.S."; endorsed by Lear. P r C ( D L C ) . F C ( D N A : R G 360, D L ) . T r ( D N A : R G 59, SDC). None of the three letters from John Cleves Symmes, a judge in the North­ west Territory, has been found. T h e first two are recorded in S J L as received 27 Mch. 1792 and the third as received 23 Nov. 1791. Washington ignored T T s

advice and did not submit any P A R T of Symmes' letters to Congress. According to Symmes, Captain John Armstrong, the commandant of Forts Hamilton and Wash­ ington, exceeded his authority by arbi­ trarily expelling some settlers from their land on Symmes tract in the Ohio country (Symmes to Elias Boudinot and Jonathan Dayton, 25 Jan. 1792, Beverley W. Bond, J r . , ed., The Correspondence of John Cleves Symmes [New York, 1926], p. 161). 1

From the Commissioners of the Federal District SIR George Town 30th. March 1792 Having felt much anxiety at our last meeting to see business of some sort commenced here, we determined on the immediate errection of a Bridge over Rock Creek, and advertized for Models to be exhibited to us by the 26th. Mr. Herbaugh from Baltimore, an artist with whose ingenuity you must be acquainted from his patents, exhibited to us the inclosed one, which has our approbation, as well as that of all here. We had some doubts at first whether one Arch would be sufficient for the discharge of the water in times of great floods, but have been fully satisfied on that head by those who are best acquainted with it. A conditional agreement was immediately made with him of which you have inclosed a copy together with his estimate of the expences. The proprietors of the ground from the Creek to George Town, made a Cession last fall, of half their interest in it, for the purposes of a bridge and causeway which was deposited with Majr. L'Enfant, who has it still. This made it necessary for us to apply to them for a renewal of it, which we have obtained and send you a Copy of. You will observe we are bound to complete both the bridge and causeway before we can be entitled to the benefits of the cession. As the river at present occupies almost the whole of the street leading from George Town over the bridge, this would be perfectly useless without the causeway: [350]

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as the latter however is not included within the limits of the City, we do not think ourselves authorised to destine any part of the funds entrusted to us, to any purposes not so included, though immediately connected with it, and have thought it proper to submit the matter to the President's consideration. Allowing the property ceded to the public to sell only at one half the price which such property commands at present in Baltimore and Alexandria, the public will be more than reimbursed the expences of the bridge and causeway, provided no sale is made till these are com­ pleted: so that the money advanced for effecting these objects, may be considered only as a loan and for a very short time. Upon the whole then, we doubt not but the President will approve of our making an absolute contract for them.—To enable you to judge better of the value of the property, we inclose you a survey we caused to be made of the Ground, with a sketch of the lots to be devided between the public and the individuals. Mr. Herbaugh gives us reason to think he will undertake the causeway likewise. He returns to Baltimore tomorrow to prepare for the undertaking he has engaged in conditionally, if it receives the President's assent, of which we promised him to request you to drop him immediate notice at Baltimore that there may be no delay. Such indeed is the important point of view in which we consider this matter, that sooner than have incurred this, we should, notwith­ standing the doubt respecting our authority, have agreed absolutely with him. It was our intention founded on the expectation of meeting Mr. Ellicot here, to have employed hands on the Post-road. A Skillful hand is engaged to superintend the work at the Quarries, which will commence the next week. We are in daily expectation of a person from Baltimore who has been highly recommended to us, to superintend the making of bricks. Many offers of lime from the Eastward have been made us, but so exorbitant that they have been declined, and we think ourselves fortunate in having done so, as we now have infinitely better made us from the upper parts of the Potowmac. Indeed our prospects from this quarter are very flattering both with respect to plank and lime. If lime can at present be supplied from thence on cheaper Terms than the Eastward, what may not be expected Summer twelvemonth, when we have the strongest assurances of the navigation being completed, and when we shall have the greatest demand for it. With respect to it's quality, our information from those who have had experience of each, is, that the Potowmac lime is one fifth superior. Advertizements of the plans have been sent to Boston, Baltimore, Charleston and Richmond. [351]

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As soon as we are informed of the success of the event you mention, our views will of course be extended to every possible object. From our short acquaintance with Mr. Herbaugh, we are impressed with the most favorable opinion of him, and besides flattering ourselves that he will be found generally useful, think he will be the most proper person we can engage, when it shall be necessary to undertake the canal and the contraction of Goose Creek. We have received a Letter from Majr. L'Enfant, refusing our offer to him and requesting we would recall our draft in his favor. This place is becoming an object of such consequence, as to be attracting the notice of Artists and labourers from all quarters. This being the case we will defer our answer to your offer respecting Ger­ mans 'till Mr. Johnson's arrival whom we expect in the course of a few days. We have conversed with Mr. Carroll on the subject of his house; who readily accedes to the proposition of having it rebuilt to the same state as when it was destroyed: We shall therefore employ per­ sons immediately upon it.—We are Sir with the highest respect Your Obedt. hum Servts., D D : STUART. DANL. CARROLL R C ( D L C ) ; endorsed by T J as received 4 Apr. 1792 and so recorded in S J L . F C ( D N A : R G 42, D C L B ) . Leonard Harbaugh's proposal for a over Rock Creek had an esti­ mated cost of £3,250 and an August 1792 completion date. On 29 Mch. 1792 the Commissioners signed a C O N D I T I O N A L BRIDGE

AGREEMENT with him, which became final upon Washington's acceptance. Harbaugh's plan proved defective, howev­ er, and the bridge subsequently collapsed (Harbaugh to Commissioners, 28 Mch. 1792, D N A : R G 42; Bryan, National Capital, i , 189-90; William Tindall, Stan­ dard History of the City of Washington [Knoxville, Tenn., 1914], p. 187).

To George Hammond SIR Philadelphia Mar. 30. 1792. A constant course of business has as yet put it out of my power to prepare an answer to your letter of the 5th. instant. In the mean time I have been taking measures to procure copies of the several acts therein complained of, that I might save you the trouble of producing proofs of them. My endeavors have failed in the instances below cited, of which therefore I am constrained to ask you to furnish the documents. I have prefixed to them your own marks of reference, that you may the more easily find them. I beg you to be assured that I would not have given you the trouble to produce any proofs which I could have obtained [352]

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my self; and hope it will be considered as an evidence of this, that the list subjoined is only of 13. out of 94. numbers which your Appendix specifies. Of all the rest I either have, or expect copies in consequence of the measures I have taken. I have the honor to be with the most perfect esteem & respect, Sir, your most obedt. & most humble servt., TH: JEFFERSON

A. 4. Act of Rho. isld. to confiscate and sequester estates and banish persons of certain descriptions. Passed Oct. 1775. Feb. Mar. May. June. July. Aug. Oct. 1775. Feb. May. June. Oct. 1783. C . 11. Act of Rho. isld. to send out of the state N . Spink and John Underwood &c. 12. do. to send Wm. Young theretofore banished out of the State &c. 13. do. allowing Wm. Brenton to visit his family &c. 14. do. to banish S. Knowles &c. D . 15. Old Act of Maryland. 16. Act of Rhode isld. of May 1786. E . 1. 2. 3. 4. 8. 9. The cases of Neale exrs. Osborne v. Mifflin's exrs. Hoare v. Allen. Stewardson v. Dorsey. Rutgers v. Wadington. John Smith Hatfeild. The records of these can­ not be dispensed with. P r C ( D L C ) . F C ( D N A : R G 59, S D R ) . In the case of William N E A L E ' S E X E C U ­ v. Comfort- Sands the plaintiffs brought suit to compel payment of a debt that the defendant, a New York mer­ chant, had contracted with Neale, a res­ ident of London, before the Revolution­ ary War. T h e New York Supreme Court decided in favor of the plaintiffs in July 1786 but allowed Sands to deduct inter­ est on the debt for the period from the passage of the Prohibitory Act in Decem­ ber 1775 to the British evacuation of New York in November 1783. T h e deduction amounted to £ 5 0 0 sterling (Summary of TORS

Neale's Executors v. Sands, n.d., enclosed in Phineas Bond to Leeds, 10 Nov. 1789, P R O : F O 4/7, f. 272-3). Hammond had cited this case in support of his contention that the abatement of wartime interest on British debts was an infraction of Article I V of the treaty of peace (Hammond to T J , 5 Mch. 1792). For discussions of the other legal cases cited by T J , see notes to the letters to T J from William Rawle, 9 Apr. 1792; Elias Boudinot, 11 Apr. 1792; Samuel Johnston, 13 Apr. 1792; Alexander Hamilton, 19 Apr. 1792; and Maryland Representatives and Senators, 23 Apr. 1792.

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From George Hammond SIR Philadelphia 30th March 1792 By the last packet, I have received from my Court (in consequence of a communication from me of the reports circulated upon the subject) a corroboration of the truth of the sentiments, which I had the honor of stating to you, as the result of my personal conviction, in my letter of the 14th of December, relative to Mr. Bowles. I am directed to assure this government, in the most explicit man­ ner, that the assertions said to have been made by Mr. Bowles of his pretensions having been encouraged or countenanced by the govern­ ment of Great Britain, or of his having been furnished by it with arms and ammunition, are entirely without foundation. The report also of his having obtained from the government of Great Britain any sort of commission as superintendant of the Indians or in any other character, or of his having received authority, to promise to the Indians protec­ tion and assistance in the recovery of their old boundary with Georgia, or to hold out to them the expectation of any English reinforcements in the spring, is equally groundless. I feel the sincerest satisfaction in being empowered to communicate to you, Sir, this additional proof of the solicitude of his Majesty's government to promote a good understanding with the United States, which solicitude cannot be more decidedly evinced than by this prompt contradiction of the rumours to which I have alluded, and which are as repugnant to the truth, as they are injurious to the establishment of that mutual confidence, which ought to subsist between our respective countries.—I have the honor to be with great respect and esteem, Sir, Your most obedient, humble servant, G E O . HAMMOND. R C ( D N A : R G 59, N L ) ; in a clerk's hand, except for signature; endorsed by T J as received 30 Mch. 1792 and so recorded in S J L . T r (same). P r C of F C ( D L C ) ; in clerk's hand, with following unsigned attestation at foot of text: "De­ partment of State sc. I hereby certify that the preceding letter from his Britannic Majesty's Minister plenipotentiary dated 30th. March 1792, and addressed to the Secretary of State, is truly copied from the original.—In Testimony whereof I have

caused my seal of office to be hereto affixed this thirty first day of March 1792." Hammond received C O R R O B O R A T I O N of his previous assurances to T J that the British government had not authorized William Augustus Bowies' efforts to incite the Creeks against the United States in the form of a 3 Jan. 1792 letter from Lord Grenville, the British secretary of state for foreign affairs (Mayo, British Ministers, p. 20-1).

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From David Humphreys Lisbon, 30 Mch. 1792. He encloses a copy of a letter from Captain O'Bryen showing that Mrs. Duncan's son was never a prisoner in Algiers. Yesterday he wrote a letter about the captives in Algiers to William Carmichael.—The Queen moved to the palace at Quelux eight days ago. She continues to improve, according to an official report of the Secretary of State for foreign affairs, and her confessor has been forbidden to go to Quelux. The Prince of Brazil has liberated all prisoners of the Inquisition and won wide approval for his general conduct.—He requests the President's permission to make an excursion by water to the Western Islands or Gibraltar to seek relief from "a bilous complaint (a disorder somewhat incident to this Climate)." R C ( D N A : R G 59, D D ) ; 3 p.; at head of text: "(No. 51)"; at foot of text: "The Secretary of State"; endorsed by T J as received 6 June 1792 and so recorded in

S J L . Enclosure: copy of Richard O'Bryen to Esteemed Sirs and Friends, 5 Jan. 1792, from Algiers. T r (same),

To Thomas Mann Randolph, Jr. D E A R SIR Philadelphia Mar. 30. 1792. Your favor of the 5th. came to hand on the 16th. inst. The Southern post which should have arrived on Tuesday, is not arrived yet (Friday) so that letters by that cannot be yet acknoleged. I inclose you some seeds of the Acacia Farnesiana, the most delicious flowering shrub in the world. It will require to be in boxes, and to be kept in the house in the winter. I formerly made use of the South bow room for the same kind of plant, and it was quite sufficient. If they come up and you will take charge of them the next winter, I will take them off your hands afterwards. Maria is well. She has written to her aunt Eppes this week, therefore does not write to Monacello. Her letters, like Isaac's blessings, are but one at a time.—In vegetation I have but little new for you. Yesterday for the first time I discovered that the gooseberry, the lilac and weeping willow were leafing. They might have been so two or three days. The Martins appeared here on the 21st. of April the last year, and on the same day of the year before at New York. Give my love to my dear Martha; for Anne it is storing up. Adieu my dear Sir Yours affectionately, TH: JEFFERSON R C ( D L C ) ; with pencilled memorandum on verso in another hand of the cost of dimity, calico, diaper cloth, needles, and fine linen. P r C (MHi). Randolph's letter of 5 Mch. 1792, recorded in S J L as received 16 Mch., has not been found.

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From George Washington Friday Morning [30 Mch. 1792] The enclosed Instrumt. does not accord with my recollection of Mr. Blodgets proposed Loan, and I confess I had much rather see a clear expression of the intention than to meet an explanation of it afterwards by one of the parties, to the contract. The number of Lots to be Mortgaged I do not positively recollect, but sure I am one half were to be North of an East and West line from the Presidents House. I do not remember that the words "valu­ able Lots" were inserted in the proposition of Mr. Blodget and think the Mortgaged Lots were releasable by the substitn. of other[s.]—If therefore the subsequent instrument should not place these matters in a very precise point of view, a foundation will be laid for much discontent, and probably disputes. Did you see Mr. White yesterday? And in that case what was his opinion respecting M n's acceptance in the manner suggested? R C ( D L C ) ; addressed: "Mr. Jefferson"; endorsed by T J as received 30 Mch. 1792 and recorded in S J P L . The enclosed instrument has not been found, but it was probably an early draft of the loan warrants for the Federal District

(See Contract with Samuel Blodget, J r . , 6 Mch. 1792, and Washington to T J , 3 Apr. 1792). Alexander W H I T E , member of Congress from Virginia, had queried Daniel Mor­ gan about an appointment to the new army regiments.

From Thomas Barclay Gibraltar, 31 Mch. 1792. He offers the following account of developments in Morocco so that T J can decide whether he should go there or remain here. Muley Slema left the sanctuary near Tetuan on 10 Mch. and went to another one at Wazan where he met a great number of Talbs who support him because of his personal morality. The Talbs have proposed that a convention of deputies from the various provinces meet at the sanctuary of Muley Idris and select an Emperor from among the princes who will rule in accordance with the Koran. It is doubtful that Muley Slema would be the choice of such a convention because he is poor and indecisive, and several of the mountaineers who volunteered to serve him have deserted him. Muley Slema demanded 25,000 dollars from Tetuan and instructed Fenis to ask the foreign consuls at Tangier to lend him a sum of money that he would repay as soon as he collected customs duties there. The Danish, Dutch, and Swedish consuls were forbidden to ship any effects from Tangier after they refused to comply with this request, whereas the English vice-consul simply asked permission to consult with the English consul who is here. The British garrison here, which is dependent on the Barbary States for fresh supplies of food, favors Muley [356]

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Slema because Muley Ischem is attached to Spain. But Muley Slema has been adversely affected by the recent capture of a large sum of money by supporters of the deposed governor of Tetuan.—After being appointed by Muley Slema to deal with the Christian powers now at peace with Morocco, Taher Fenis left Tangier and went south, presumably to await the outcome of the succession struggle. He wrote a letter to Fenis reminding Fenis of his promise to notify him of the proper time to come to Africa and received a 24 Mch. reply from Gironimo Chiappe stating that Fenis was about to join Muley Slema and would soon answer Barclay's letter. "When I wrote I had a better opinion of the pretentions of Slema than I have now, and I wished early to avail myself of the Authority and influence which it is expected Fenis will have if that prince proves successfull."—During a meeting with the British consul in Tangier near the end of February, Francis Chiappe asked Fenis if he should advise Barclay to come to Morocco. Fenis replied that he would write to Barclay at the proper time, "and when the Consul informed me of this Circumstance, he added that he knew the late Emperor had placed Chiappe at Tangier under the Eye of Fenis, with the intention of sending for his head at a convenient time. I have found it necessary to send Mr. Chiappe 400 Dollars for reasons which will probably occur to you."—The consuls at Tangier refused to obey orders from Muley Slema to meet him at the sanctuary at Wazan, and the governor [of Larach], who transmitted the orders, rejected the consuls' offer to send a present to Muley Slema. Muley Slema has sent orders to Tetuan to receive any American minister who arrives there. Muley Suliman, another son of Sidi Mahomet, was proclaimed Emperor in the cities of Fez and Mequinez on 14 and 19 Mch. respectively. "I greatly fear Slema has overrated his influence with the people by whom he expected to be compelled to accept of the Sovereignty. The inhabitants of Sallee and Rabat, both of which are maritime Cities of consequence have not, that we know of, yet declared themselves. Such is the situation of the Kingdom of Fez." R C ( D N A : R G 59, C D ) ; 2 p.; in clerk's hand except for signature and "No. 10" at foot of text in Barclay's hand. Recorded in S J L as received 16 June 1792.

To George Hammond SlR Philadelphia Mar. 31. 1792. I received yesterday your favor of the day before, and immediately laid it before the President of the U.S. and I have it in charge from him to express to you the perfect satisfaction which these assurances on the part of your court have given him that Bowles, who is the subject of them, is an unauthorised impostor. The promptitude of their disavowal of what their candour had forbidden him to credit, is a new proof of their friendly dispositions, and a fresh incitement to us to cherish corresponding sentiments. To these we are led both by interest and inclination, and I am authorised to assure you that no occasion will be omitted on our part of manifesting their sincerity.—I have the honor [357]

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to be with sentiments of the most perfect esteem & respect, Sir, Your most obedient & most humble servt., TH: JEFFERSON P r C ( D L C ) ; at foot of text: "Mr. Hammond. M . P . of G r . Br."

To William Barton SIR Philadelphia Apr. 1. 1792. I did not sooner answer your favor of the 19th. because I have had reason till now to doubt whether Mr. Remsen was decided to resign his office of Chief clerk with me. In the mean time too I found there would be real difficulties from the other clerks the senior of whom thought himself entitled to succeed, and the juniors to approach so much nearer to the succession, and that if cut off from this prospect I should lose them all. This would to me be an irreparable loss, because the two seniors have been very long in the office, are perfectly intimate with all it's papers and proceedings for years back, to all of which I am an utter stranger, and to which consequently they serve me as an index. I had mentioned this difficulty to Mr. Rittenhouse and further that I thought you would not have entertained a moment's wish for the office if you knew that it offers nothing but one continued scene of drudgery in copying papers and close attendance from morning till night. I could not myself conceive you could submit to such an uninteresting and unimproving labour, and therefore can only hope now, that conceiving myself bound in justice to give it to the present senior clerk, some other occasion may occur more worthy of you, and towards which I may be of some use to you, being with real esteem Sir Your most obedt. humble servt, TH: JEFFERSON PrC (DLC). Barton's F A V O R O F T H E I O / T H , an appli­ cation for the clerkship being vacated by Henry Remsen, offered David Rittenhouse as a character witness, and stated that "the very polite Attention with which You honored a similar application of mine, in August 1790, encourages me to hope, that, in this instance, I shall be successfull" ( R C in D L C : Washington Papers; endorsed by T J as received 19 Mch., and so recorded in S J L ) . Barton's cham­

pion in 1790 had been Elias Boudinot ( T J to Barton, 12 Aug. 1790), and once again that supporter had appealed to T J (Boudinot to T J , 30 Mch. 1792; missing but recorded in S J L as received 31 Mch.). T J responded that he wished "he could have served the gentleman" Boudinot recommended, had T J not "got so far engaged" in one of the "several offers for the clerkship as to be no longer free on the subject" ( T J to Boudinot, 1 Apr. 1792; P r C in D L C ) .

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To Jacob Blackwell SIR Phildelphia Apr. 1. 1792 Mr. Remsen having now decided definitively to resign his office of Chief-clerk, I have considered, with all the impartiality in my power, the different grounds on which yourself and Mr. Taylor stand in competition for the succession. I understand that he was appointed about a month before you, and that you came into actual service about a month before him. These circumstances place you so equally, that I cannot derive from them any ground of preference. Yet obliged to decide one way or the other, I find in a comparison of your conditions a circumstance of considerable equity in his favor. He is a married man, with a family; yourself single. There can be no doubt but that 500. dollars place a single man as much at his ease as 800. do a married one. On this single circumstance then I have thought myself bound to appoint Mr. Taylor chief clerk, and I beg you to be assured that it is the only motive which has decided in my mind, and that it has given me more pain to make the decision, than to you to learn it, having had every reason to be entirely satisfied as well with your conduct as with his since I have been in the office, and being with real esteem Sir your friend & servt, TH: JEFFERSON P r C ( D L C ) . On 17 Mch. 1792 T J recorded in S J L receipt of an undated letter from Blackwell, now missing.

From William Lewis SIR Philadelphia April 1st 1792 I sometime since sent you all the Acts of the Legislature of Penn­ sylvania up to the Revolution, and I understood that you were in possession of those from that time till the Month of November 1784. I undertook to procure such as have been since passed, and to have them bound and sent to you. This Promise I have not Complied with, nor is it in my Power, for after breaking my own sett, which was before incompleat; applying to the Printer of the Laws for such as might not have been disposed of; to the Clerk of the House for such loose Pamphlets as had not been Carried away by the members, and to several of my friends, who were most likely to have laid them by, those of the first Session of the 6th. General Assembly, of the 1st. and 3d. Sess: of the 7th., and of the 1st. Sess: of the 8th. are still wanting, and I believe not to be procured in the City, unless by a Letter from [359]

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you to the Speaker of the House, which will probably cause them to be furnished to you. While the Collection was so incompleat, I delayed having them bound, in expectation of rendering it more perfect, and I very much regret that this expectation has proved fruitless. Such as I have been able to procure, are numbered according to the times of their being passed and are now sent to you. In the course of this week you shall have a copy of the best Index that I can procure.—I have the Honor to be, with Sentiments of perfect regard, Sir, Your most obedient and most hble. Servant, WM. LEWIS R C (DNA: R G 59, P D L ) ; endorsed by T J as received 2 Apr. 1792 and so recorded in S J L .

To Charles Pinckney SIR Philadelphia April 1. 1792. Your letter of Jan. 8. to the President of the U . S . having been referred to me, I have given the subject of it as mature considera­ tion as I am able. Two neighboring and free governments, with laws equally mild and just, would find no difficulty in forming a convention for the interchange of fugitive criminals. Nor would two neighboring despotic governments, with laws of equal severity. The latter wish that no door should be open to their subjects flying from the oppression of their laws. The fact is that most of the governments on the continent of Europe have such conventions: but England, the only free one, till lately, has never yet consented either to enter into a convention for this purpose or to give up a fugitive. The difficulty between a free govern­ ment and a despotic one is indeed great. I have the honor to inclose to your Excellency a sketch of the Considerations which occurred to me on the subject, and which I laid before the President. He has in consequence instructed me to prepare a project of a Convention to be proposed to the court of Madrid, which I have accordingly done, and now inclose a copy of it. I wish it may appear to you satisfactory. Against property we may hope it would be effectual, whilst it leaves a door open to life and liberty except in a single unquestionable case. Messrs. Carmichael and Short will be instructed to make this one of the subjects of their négociation with the court of Spain. I have the honor to be with sentiments of the most perfect esteem & respect Y . E's most obedt. & most humble servt, TH: JEFFERSON P r C ( D L C ) ; at foot of text: " H . E . Governor Pinkney." F C ( D N A : R G 360,

D L ) . T J sent this to Washington for approval, which was immediately forth-

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1 APRIL coming ( T J to Washington, 1 Apr. 1792, RC in DNA: R G 59, MLR; Tr in same, SDC; Washington to T J , 1 Apr. 1792, RC in D L C ; Dft in DNA: RG 59, MLR; FC in same, SDC).

1792

The documents T J sent to Governor Pinckney are printed as enclosures to Report on Proposed Convention with Spain, at 22 Mch. 1792.

From George Washington Sunday Morng. [1 Apr. 1792] The enclosed are sent for Mr. Jeffersons perusal. The letter from Mr. Knox the P thinks was (the original) sent to Mr. Jefferson before. RC (DLC); addressed: "Mr. Jefferson." Entry in SJPL reads: "G. W. to Th: J . with a letter of Dec. 27. from Gouvr. Morris." T J marked an asterisk before and indicated the following:

ENCLOSED

Gouver. Morris. Paris. Dec. 27. 91." Morris' letter described the progress of the French Revolution and proposals to pay the U.S. debt to France (DLC: Wash­ ington Papers). The enclosed letter from Henry Knox has not been identified.

"From

To George Washington April 1. 1792. T h : Jefferson has the honor to present to the view of the President the subjects relative to Algiers, under their different aspects. On fur­ ther consideration, and paying special attention to the circumstances of the present moment, which render expence an obstacle perhaps to what would be the best plan, he suggests others which would not be eligible under other circumstances, or for any length of time. If the President will be pleased to make his option of these plans, and deter­ mine whether to consult one or both houses, messages adapted to the case shall be prepared. RC (DNA: R G 59, MLR); endorsed by Lear. PrC (DLC). Tr (DNA: R G 59, SDC). Entry in SJPL reads: "[1792. Apr. 1.] Th: J . Letter and Opinion on Ransom and Peace with Algiers."

E N C L O S U R E

Considerations on Policy toward Algiers Considerations on the subjects of Ransom, and Peace with the Algerines I. The Ransom of our captive citizens, being 14. in number. [361]

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For facts on this subject refer to the Reports of Dec. 28. 1790. on the same ransom, and on the Mediterranean trade, and to Mr. Short's letter of Aug. 24. 91. sent to the Senate. The probable cost will be 1500. doll, for the common men, and half as much more for officers, adding presents, duties and other expences, it will be little short of 40,000 D. This must be ready money, and consequently requires a joint, but secret vote of both houses. An Agent must be sent for the purpose. II. Peace, how best to be obtained? 1. By war: That is to say by constant cruizes in the Mediterranean. This proved practicable by the experiment of M. de Massiac. by the Portuguese cruises. The co-operation of Portugal, Naples, Genoa, Malta could possibly be obtained. But the expence would be considerable. Vessels mounting 100. guns in the whole would probably be wanting on our part. These would cost in the outset 400,000 Doll. And annually afterwards 125,000 Doll. It may be doubted if this expence could be met during the present Indian war. If it could, it is the most honourable and efficacious way of having peace. 2. By paying a gross sum for a peace of 50. years. Respectable opinions vary from 300,000 to 1,000,000 Doll, as to the first cost. Then are to follow frequent occasional presents. And with all this, the peace will not be respected, unless we appear able to enforce it. And if able to enforce, w h y not rely on that solely? That same question recurs here. To wit Are we able to meet this expence at present? 3. By tribute annually. The Dutch, Danes, Swedes and Venetians pay about 24,000 D. a year. We might perhaps obtain it for something less. If for ten orfifteenthousand dollars a year, it might be eligible. 4. By a tariff for the ransom of the captives they shall take from us. If low, this might do for the present. The AGENT to be sent for the purpose of ransom, might be authorised to treat but should also make himself acquainted with their coast, harbour, vessels, manner offighting&c. On either of these plans, a vote of the Senate will be requisite. On the 1st. or 2d. the Representatives should be consulted; and per­ haps on the 3d. or 4th. it will be best to bring it on by a message from the President. T H : JEFFERSON Apr. 1. 1792. M S ( D N A : R G 59, M L R ) ; entirely in T J ' s hand. P r C ( D L C ) . T r ( D N A : R G 59, SDC).

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T J prepared this document for Wash­ ington's use as the President pondered a request from the Senate to initiate nego­ tiations for a peace treaty with Algiers and to ransom American captives there without giving prior notice to the House of Representatives. In the end Washing­ ton accepted T J ' s advice to notify the

1792 House before entering into negotiations with Algiers. E X P E R I M E N T O F M . D E M A S S I A C : a pro­ posal by Marquis Claude Louis de Massiac to eliminate Barbary piracy by mount­ ing a naval- blockade of Algiers (see note to Lafayette to T J , 6 Mch. 1786).

To Hugh Williamson April 1. 1792. T h : Jefferson presents his compliments to Dr. Williamson and returns him the draught of the bill of projects, with the alterations he proposes to it. These will certainly put the business into a more steady channel, and one more likely by the establishment of fixed rules, to deal out justice without partiality or favouritism. Above all things he prays to be relieved from it, as being, of every thing that ever was imposed on him, that which cuts up his time into the most useless fragments and gives him from time to time the most poignant mortification. The subjects are such as would require a great deal of time to understand and do justice by them, and not having that time to bestow on them, he has been oppressed beyond measure by the circumstances under which he has been obliged to give crude and uninformed opinions on rights often valuable, and always deemed so by the authors. PrC (DLC). Undoubtedly the D R A U G H T was an amended patent bill that Williamson had

submitted to the House of Representatives on 1 Mch. 1792 ( J H R , I , 525. See also note to Bill for Promoting Progress of Useful Arts, 1 Dec. 1791).

From John Churchman No. 183 South 2nd Street M Y HONOURABLE F R I E N D

April 2nd.

1792.

Notwithstanding the report of the committee on my late memorial to Congress, it does not appear very likely that any money will be granted the present session for the proposed voyage; yet as this is a pleasing pursuit, I am led to consider the next step in order if possible to bring the Magnetic principles to the test, as these may be proved by having a sufficient number of observations at places whose situations are well determined, I have already had some correspondence with some members of foreign learned Societies on this subject. [363]

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I should be very sorry to propose anything that might prove a dis­ appointment to another, but hearing accidentally that one of the Clerks had this day left the office of the Secretary of State, I am tempted to offer myself as a candidate for that vacant place, in hopes such a situa­ tion might promote my own improvement, and be favourable for such a foreign correspondence: yet I am afraid it may be thought improper to place confidence in a person who is as much of a stranger as myself. This consideration together with a diffidence of my own abilities pre­ vented me from mentioning this matter when I had the first interview. I hold myself under many obligations for the candour manifested in explaining to me the difficulty of making observations of the variation at Sea, I believe this is the principle objection against the Magnetic Scheme being generally useful. But a certain Kennet McKulloch (In­ strument maker to the duke of Clarence) has published a number of Letters in the Appendix to the account of his new Invented Azimuth Compass. They are from some of the Officers of the British navy, and some others. They declare that by his new invented Instrument the variation can easily be found on the roughest Sea; and in Nicholsons Philosophy it is said from experience that the Magnetic variation may be easily observed in moderate weather, to the certainty of a less error than ten minutes, so that in time I hope the principle difficulties will vanish.—With the greatest Sentiments of respect, I hope to be permit­ ted to make an offering of my Service & esteem, JOHN CHURCHMAN

P.S. An answer will be very agreeable tomorrow. RC ( D L C : Washington Papers); endorsed by T J and recorded in S J L as received 3 Apr. 1792; at head of text in clerk's hand: "John Churchman asks for a clerkship in the state office." Churchman's M E M O R I A L T O C O N G R E S S was the latest in a series of attempts to garner government support for his exper­ iments using magnetic fields to produce more accurate maps, charts, and globes. Petitioning first in April 1789, Church­ man requested Congress to increase the patent law penalties for unlawful copy­ ing of maps and globes, and to finance

an expedition to Baffin Bay, Canada. Although two different committees recom­ mended his proposals, the House with­ held approval ( J H R , I , 14, 18, 137, 366, 483,

521,

530).

LETTERS IN T H E APPEN­

D I X : Kenneth MacCulloch, An Account of the New, Improved Sea Compasses, made by . . . K. McCulloch, with reports of their practical utility . . . by P. d Au­ vergne (London, 1789). N I C H O L S O N S P H I ­ L O S O P H Y : William Nicholson, An Intro­ duction to Natural Philosophy, 3d. ed. (Philadelphia, 1788). See Sowerby, No. 3725.

[364]

From James Monroe D E A R SIR Phila. April 2. 1792. I have been requested by Mr. Dawson to make known to you his willingness to accept the office of Director of the Mint, to which bill the President has this day announced his assent. As my opinion of this Gentleman was communicated to you on a former occasion and he is known personally to you, tis not necessary that I should add any further on the subject. With the greatest respect & esteem Dear Sir your friend & servant, JAS. M O N R O E R C ( D L C ) ; endorsed by T J as received 2 Apr. 1792 and so recorded in S J L .

From George Pfeiffer SIR Monday Morning April 2d 1792 I fear that I have already appeared too forward and that on the receipt of this you will think me more so. But, respected sir, presum­ ing forwardness especially to my superiors, is what (I can with sin­ cerity say) I never was intentionally guilty of: and to justify myself in this particular I can freely appeal to my own heart, and to my honoured patron Dr. Rush. Causes of a pressing nature sir (with the principal of which Dr. Rush is acquainted) first prompted me to the freedom I made use of in waiting upon you, and now urge me again to intrude in this manner. If after the expected vacancy occurs you should be pleased to grant me a place in your office, I hope not to be found ungrateful, and trust that no exertions in my power would be neglected, to perform the several duties, which might be required of me. I am sensible sir, of my insufficiency, but would fain hope that by diligence and application, I might in a short time be able, consider­ ably to improve my hand in writing. If however you should not think proper to engage me in consequence of the vacancy now contemplated, I would with the hope and promise of serving under you sir, chearfully wait the occurrence of another. If other recommendations be deemed requisite, I may perhaps be honoured with those of several respectable gentlemen, and amongst the number with that of Geni. Brodhead, Surveyor general, in whose office I have lately employed some time, for the purpose of improving my hand. I am far from looking on the business of your office Sir as a hardship to me, and have not the least ambition to aspire to a greater salary than that which you mentioned to me as what was generally allowed. I sincerely intreat your pardon [365 ]

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for the earnestness and presumption of these lines, on account of the causes of them which are indeed urgent. I dare hardly make the bold request, but worthy sir, by condescend­ ing to leave a message or a few lines for me in answer to this, you will confer a great favour on Sir, your sincere & unfeigned humble servt., GEO:

PFEIFFER

N.B. If it is not too much sir, I will do my self the honour to call for an answer to these, tomorrow afternoon at two oclock. GEO:

PFEIFFER

RC ( D L C : Washington Papers); James Hutchinson, 30 Mch. 1792, and endorsed by T J as received 2 Apr. 1792 from Benjamin Rush, 31 Mch. 1792, were and so recorded in S J L . both endorsed by T J as received on 31 Mch. 1792 and so recorded in S J L ( R C s Letters of recommendation for Dr. in D L C : Washington Papers). On PfeifPfeiffer, a graduate of the University fer's appointment as one of T J ' s clerks, see of Pennsylvania who was well known note in Vol. 17: 356-8. among the medical community, from

To Rodolph Valltravers SIR Philadelphia Apr. 2. 1792. The President of the United states has received your letters of Nov. 15. 1789. Mar. 20. Aug. 1. and Nov. 30. 1791. and no others. The three volumes of M.S.S. on the European settlements in the East Indies came also safely to hand. These contain certainly a great deal of matter which would be useful either to states or persons concerned in the commerce to those countries, and it is desireable they should be made public. But the President does not charge himself with any thing of this kind. They are therefore sent with the present letter to Messrs. Van Staphorsts of Amsterdam, to whom, in your last, you desire letters may be directed for you. This is done with the hope that the world may have the benefit of their publication and yourself that of their sale. Your letter addressed to the societies of arts, will be delivered to the American Philosophical society. On the other subjects of your letters I am not authorised to say any thing in particular. I am Sir your very humble servt, T H : JEFFERSON Secretary of State to the U . S . P r C ( D L C ) ; at foot of text: "Mr. Rodolph Vall-travers, Rotterdam. To the care of Messrs. Van Staphorsts. Amsterdam."

Valltravers (1723-ca. 1815), a native of Berne, Switzerland, was a journalist and sometime diplomat, with widely varied interests. Naturalized as a British subject

[366]

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in 1757, he corresponded with such lead­ ing intellectuals of Europe and America as Linnaeus, Rousseau, Franklin, Adams, John Churchman, and T J . Although his scholarly contributions were slight, Valltravers was elected to the Royal Society, the Linnean Society and, early in 1792, the American Philosophical Society. Per­ haps due to his own limited talents, Valltravers was forced to make use of his far reaching contacts living all over the world. He peppered his correspondents with let­ ters, often to their eventual fatigue. The L E T T E R S noted here (only that of 15 Nov. 1789 is not found) are only a few of those

1792

addressed to Washington; these proposed various schemes to the President, chiefly for Valltravers' own employment by the United States as an agent, consul, or resi­ dent minister. His letter T O T H E S O C I E T I E S O F A R T S was dated on or about 3 July 1791 (Valltravers to Washington, 1 Aug., 30 Nov. 1791, D N A : R G 59, M L R ; Vall­ travers to Washington, 20 Mch. 1791, D L C : Washington Papers; Leonard W. Labaree and others, eds., The Papers of Benjamin Franklin, [New Haven, 1959-], xrv, 24n, xxin, 610-11; New York Journal and Weekly Register, 11 Feb. 1792).

To George Washington April 2. 1792. T h : Jefferson has the honor to return to the President the letters of Seagrove from which he has had an extract taken. He incloses also the names of three gentlemen who have expressed their willingness to serve in the Mint. The President knows them personally and will judge of their fitness. R C ( D N A : R G 59, M L R ) ; addressed: "The President of the United States"; endorsed by Lear; on separate enclosed sheet T J wrote the following: "Mr. Bourne (late Consul at St. Domingo) to be appointed to some office in the Mint.— Mr. Dawson of Virginia wishes to be Director of the Mint.—Colo. Franks to

be Treasurer of do. He says he is able to give the security requisite." Not recorded in S J L or S J P L . T r (same, S D C ) . T J enclosed A N E X T R A C T from James Seagrove to Henry Knox, 14 Jan. 1792, in his letter of 17 May 1792 to José de Viar and José de Jaudenes.

From Andrew Ellicott SIR

Geo. T o w n April 3d. 1792

I arrived at this place on friday evening last, after the Commissioners had sent their Letters for you, to the Post Office; which will account for their not mentioning my arrival in their dispatches:—I understand that Mr. George Walker, has been sent on to Philadelphia by the Proprietors of the Lands in the City of Washington, to prevail upon the President, to restore Mr. L'Enfant to his former employment in the City.—This measure, I am informed, was taken in consequence [367]

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of a Letter from Mr. Cabot, to Mr. Davidson, which Letter in my opinion is highly exceptionable and if the Commissioners should be able to procure a copy of it, they will no doubt send it to you.—I suspect that some of the Proprietors are now sorry, that they appeared in the above business.—Several of them have acknowledged to me, that their desire for the restoration of Major L'Enfant, arose from a wish to dispose of their lands the ensuing season; and expected, that his extravagant plans, added to his great confidence, and mad zeal, would be highly favourable to them; but confessed at the same time, that on account of his ungovernable temper, his dismission must unavoidably take place at no very distant period.—After the next meeting of the Commissioners, which will be on the 9th of this month, I shall be able to write to you more particularly.—In the mean time I am Sir Your Hb Servt,

ANDW. ELLICOTT

R C ( D L C ) ; endorsed by T J as received 5 Apr. 1792 and so recorded in S J L .

From Tobias Lear "United States," 3 Apr. 1792. By President's command he transmits letter from Giuseppe Chiappe of 31 Aug. 1791, "in which if the Secretary finds anything requiring the particular attention of the president, the President wishes he would report it to him." P r C ( D N A : R G 59, M L R ) . T r (same, S D C ) . Not recorded in S J L or S J P L . Enclosure: Giuseppe Chiappe to the Pres-

ident, 31 Aug. 1791 ( R C in D N A : R G 360, P C C , No. 98). See note to T J to Francisco Chiappe, 13 May 1791.

From George Washington Tuesday. Ten Oclock 3d. April 1792 The President has examined the enclosed—thinks it exactly con­ formable to the loan proposed by Mr. Blodget—and approves of it accordingly. Mr. Jefferson will request the Attorney General to draw (with care and caution) a Deed proper for the occasion. R C ( D N A : R G 59, M L R ) ; addressed: "Mr. Jefferson"; endorsed by T J as received 3 Apr. 1792 but not recorded in S J L or S J P L . T h e enclosure has not been found, but see Washington to T J , [30 Mch. 1792].

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To David Allison SIR Philadelphia Apr. 4. 1792. I am sorry that my absence last night prevented the immediate answer to your favor which was desired. All demands for money, be their nature or purpose what it will, must be addressed to the Treasury department, which alone can decide on them. Judge Turner from the N. Western territory has had occasion lately to make application in a case similar to yours. I would advise you to apply to him and know the best mode of doing it. I trouble you with a letter to Judge Campbell in answer to the one from him which you were so kind as to bring me.—I am Sir your very humble servt, TH: JEFFERSON PrC (DLC). Allison, the clerk of the Mero District Superior Court, had written T J on 3 Apr. 1792 at the request of Daniel Smith, sec­ retary of the Southwestern Territory, to inquire about an advance for rent and sta­

tionery for their offices ( R C in D N A : R G 59, M L R ; endorsed as received 3 Apr. 1792 and so recorded in S J L ; Carter, Terr. Papers, iv, 442). T J ' s enclosed letter to David Campbell was that of 27 Mch. 1792.

From Fisher Ames SIR April 4. 92 I beg leave to lay before you the Letters from Captn. Stevens a prisoner in Algiers, with Letters from Mr. Bond of Boston. I will do myself the honor to wait upon you speedily on the subject. The petition alluded to in Mr. Bond's Letter is not before Congress, nor does Mr. Gerry know anything respecting it. The Letter from Mr. Cooper Town Clerk of Boston is also inclosed.—I am, Sir, with great respect Your very obedt. hble servt, FISHER A M E S R C ( D N A : R G 59, C D ) ; addressed: "The Honble. Mr. Jefferson"; endorsed by T J as received 4 Apr. 1792 and so recorded in S J L .

To John Churchman SIR Philadelphia Apr. 4. 1792. The clerkship in my office was filled up before I received your favor of the day before yesterday, of which I should have given you immediate notice but for extreme occupation till this moment. I wish [369]

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you, with sincerity, every success in your magnetic investigations, tho' I acknolege I am not sanguine that the observations of one life may suffice to establish a general theory. I am with esteem Sir your humble servt,

TH: JEFFERSON

PrC (DLC).

Opinion on Apportionment Bill The Constitution has declared that 'Representatives and direct taxes shall be apportioned among the several states according to their respec­ tive numbers,' that 'the number of representatives shall not exceed one for every 30,000, but each state shall have at least one representative; and until such enumeration shall be made, the state of New Hampshire shall be entitled to chuse 3. Massachusets &c. The bill for apportioning representatives among the several states, without explaining any principle at all, which may shew it's conformity with the constitution, or guide future apportionments, says that New Hampshire shall have three members, Massachusets 16, &c. We are therefore to find by experiment what has been the principle of the bill, to do which it is proper to state the federal or representable numbers of each state, and the members allotted to them by the bill. They are as follows: 1

Vermont New Hampshire Massachusets Rhode island Connecticut New York New Jersey Pennsylvania Delaware Maryland Virginia Kentuckey North Carolina South Carolina Georgia

85,532 141,823 475,327 68,444 235,941 352,915 179,556 432,880 55,538 278,513 630,558 68,705 353,521 206,236 70,843

2

3 5 16 2 8 11 6 14 2 9 21 2 IP 7 2

It happens that this representation, whether tried as between great and small states, or as between North and South, yeilds, in the present instance, a tolerably just result, and consequently could not be objected to on that ground, if it were obtained by the process prescribed in the Constitution. But if obtained by any process out of that, it becomes arbi­ trary, and inadmissible.

3,636,312* 120

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The Ist member of the clause of the constitution above cited is express that representatives shall be apportioned among the several states according to their respective numbers. That is to say, they shall be apportioned by some common ratio. For proportion, and ratio, are equivalent words; and it is the definition of proportion among numbers, that they have a ratio common to all, or in other words a common divisor. Now, trial will shew that there is no common ratio, or divisor, which, applied to the numbers of each state, will give to them the number of representatives allotted in this bill. For trying the several ratios of 29. 30. 31. 32. 33. the allotments would be as follows:

Vermont New Hampshire Massachusets Rhode island Connecticut New York New Jersey Pennsylvania. Delaware Maryland Virginia Kentuckey North Carolina South Carolina Georgia.

29.

30

31.

32.

33.

the bill

2 4 16 2 8 12 6 14 1 9 21 2 12 7 2

2 4 15 2 7 11 5 14 1 9 21 2 11 6 2

2 4 15 2 7 11 5 13 1 8 20 2 11 6 2

2 4 14 2 7 11 5 13 1 8 19 2 11 6 2

2 4 14 2 7 10 5 13 1 8 19 2 10 6 2

3 5 16 2 8 11 6 14 2 9 21 2 12 7 2

118 112 109 107

105 120

Then the bill reverses the Constitutional precept, because, by it, 'representatives are not apportioned among the several states according to their respective numbers.'

It will be said that though, for T A X E S , there may always be found a divisor which will apportion them among

the states according to numbers exactly, without leaving any remain­ der, yet, for R E P R E S E N T A T I V E S , there can be no such common ratio, or divisor, which, applied to the several numbers, will divide them exactly, without a remainder or fraction.—I answer then, that T A X E S must be divided exactly, and R E P R E S E N T A T I V E S as nearly as the nearest ratio will admit; and the fractions must be neglected: because the con­ stitution wills absolutely that there be an apportionment, or common ratio-, and if any fractions result from the operation, it has left them unprovided for. In fact it could not but foresee that such fractions would result, and it meant to submit to them. It knew they would be in favor of one part of the union at one time, and of another at anoth[371]

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er, so as, in the end, to balance occasional inequalities.—But instead of such a single common ratio, or uniform divisor, as prescribed by the constitution, the bill has applied two ratios, at least, to the differ­ ent states; to wit that of 30,026 to the seven following R. Island, N . York, Pensylvania, Maryland, Virginia, Kentuckey and Georgia, and that of 27,770 to the eight others, namely Vermont, N . Hampshire, Massachusets, Connecticut, N . Jersey, Delaware, N . Carolina, and S. Carolina, as follows: 2 Vermont R. Island 68,444 11 N. York 352,915 N. Hampshire Pensylva 432,880 divided 14 Massachusets 9 and Connecticut Maryland 278,513 by Virginia 630,558 30,026 21 New Jersey 2 Kentuckey 68,705 give Delaware Georgia 70,843 2 N. Carolina S. Carolina

85,532 141,823 475,327 divided 235,941 by 179,556 27,770. 55,538 give 353,521 206,236

3 5 16 8 6 2 12 7

and if two ratios may be applied, then 15 may, and the distribution become arbitrary, instead of being apportioned to numbers. Another member of the clause of the constitution, which has been cited, says 'the number of representatives shall not exceed one for every 30,000, but each state shall have at least one representative.' This last phrase proves that it had in contemplation that all fractions, or numbers below the common ratio, were to be unrepresented; and it provides specially that in the case of a state whose whole number shall be below the common ratio, one representative shall be given to it. This is the single instance where it allows representation to any smaller number than the common ratio, and by providing specially for it in this, shews it was understood that, without special provision, the smaller number would, in this case, be involved in the general principle. The first phrase of the above citation, that 'the number of repre­ sentatives shall not exceed one for every 30,000' is violated by this bill which has given to 8. states a number exceeding one for every 30,000. to wit, one for every 27,770. In answer to this, it is said that this phrase may mean either the thirty thousands in each state, or the thirty thousands in the whole union, and that in the latter case it serves only to find the amount of the whole representation: which, in the present state of population, is 120. members.—Suppose the phrase might bear both meanings: which will Common sense apply to it? Which did the universal understanding of our country apply to it? Which did the Senate and Representatives [372]

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apply to it during the pendency of the first bill, and even till an advanced stage of this second bill, when an ingenious gentleman found out the doctrine of fractions, a doctrine so difficult and inobvious, as to be rejected at first sight by the very persons who afterwards became it's most zealous advocates?—The phrase stands in the midst of a number of others, every one of which relates to states in their separate capacity. Will not plain common sense then understand it, like the rest of it's context, to relate to states in their separate capacities? But if the phrase of one for 30,000. is only meant to give the aggre­ gate of representatives, and not at all to influence their apportionment among the states, then, the 120 being once found, in order to appor­ tion them, we must recur to the former rule which does it according to the numbers of the respective states; and we must take the nearest common divisor, as the ratio of distribution, that is to say, that divi­ sor which, applied to every state, gives to them such numbers as, added together, come nearest to 120. This nearest common ratio will be found to be 28,858. and will distribute 119. of the 120 members, leaving only a single residuary one. It will be found too to place 96,648 fractional numbers in the 8. Northernmost states, and 105,582 in the 7. Southernmost. The following table shews it:

85,532 Vermont N. Hampshire 141,823 Massachusets 475,327 68,444 R. Island 235,941 Connecticut 352,915 N. York N. Jersey 179,556 Pensylvania 432,880 Delaware 55,538 278,513 Maryland Virginia 630,558 68,705 Kentuckey N. Carolina 353,521 206,236 S. Carolina 70,843 Virginia 3,636,312 5

4

ratio of 28,858 fractions 2. 27,816 4. 26,391 16. 13,599 2 10,728 8 5,077 6,619 12 6 6,408 15 10 96,648 1 26,680 9 18,791 21 24,540 2 10,989 12 7,225 7 4,230 2 13,127 105,582 119 202,230 202,230

Whatever may have been the intention, the effect of rejecting the nearest divisor, (which leaves but one resid­ uary member) and adopting a distant one (which leaves eight) is merely to take a member from New York and Pensylvania each, and give them to Vermont and New Hampshire.

But it will be said, 'this is giving more than one for 30,000.' True: but has it not been just said that the one for 30,000 is prescribed only to fix the aggregate number, and that we are not to mind it when we [373]

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come to apportion them among the states? That for this we must recur to the former rule which distributes them according to the numbers in each state? Besides does not the bill itself apportion among 7. of the states by the ratio of 27,770? which is much more than one for 30,000. Where a phrase is susceptible of two meanings, we ought certainly to adopt that which will bring upon us the fewest inconveniencies. Let us weigh those resulting from both constructions. From that giving to each state a member for every 30,000 in that state, results the single inconvenience that there may be large fractions unrepresented. But, it being a mere hazard on which states this will fall, hazard will equalize it in the long run. From the other results exactly the same inconvenience. A thousand cases may be imagined to prove it. Take one.—Suppose 8 of the states

1st. 2d. 3d. 4th 5th. 6th. 7th. 8th. 9th. 10th. 11th. 12th. 13th. 14th. 15th.

45,000 45,000 45,000 45,000 45,000 45,000 45,000 45,000 44,999 44,999 44,999 44,999 44,999 44,999 44,999

2 2 2 2 2 2 2 1 1 1 1 1 1 1 1

674,993 22

fractions 15,000 15,000 15,000 15,000 15,000 15,000 15,000 15,000 14,999 14,999 14,999 14,999 14,999 14,999 14,999

had 45,000 inhabitants each, and the other seven each, that is to say each one less than each of the others. The aggregate would be 674,993. and the number of rep­ resentatives at one for 30,000 of the aggre­ gate, would be 22. Then, after giving one member to each state, distribute the 7. residuary members among the 7. highest fractions, and tho' the difference of popu­ lation be only an unit, the representation would be the double. Here a single inhabi­ tant the more would count as 30,000. Nor is this case imaginable only: it will resem­ ble the real one whenever the fractions hap­ pen to be pretty equal through the whole

states. The numbers of our census happen by accident to give the fractions all very small, or very great, so as to produce the strongest case of inequality that could possibly have occurred, and which may never occur again. The probability is that the fractions will generally descend gradually from 29,999 to 1. The inconvenience then of large unrepresented fractions attends both constructions: and while the most [374]

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obvious construction is liable to no other, that of the bill incurs many and grievous ones. 1. If you permit the large fraction in one state to chuse a repre­ sentative for one of the small fractions in another state, you take from the latter it's election, which constitutes real representation, and sub­ stitute a virtual representation of the disfranchised fractions: and the tendency of the doctrine of virtual representation has been too well discussed and appreciated by reasoning and resistance, on a former great occasion, to need development now. 2. The bill does not say that it has given the residuary repre­ sentatives to the greatest fractions-, tho' in fact it has done so. It seems to have avoided establishing that into a rule, lest it might not suit on another occasion. Perhaps it may be found the next time more con­ venient to distribute them among the smaller states-, at another time among the larger states; at other times according to any other crotchet which ingenuity may invent, and the combinations of the day give strength to carry; or they may do it arbitrarily, by open bargain and cabal. In short this construction introduces into Congress a scramble, or a vendue, for the surplus members, it generates waste of time, hotblood, and may at some time, when the passions are high, extend a dis­ agreement between the two houses to the perpetual loss of the thing, as happens now in the Pensylvania assembly: whereas the other con­ struction reduces the apportionment always to an arithmetical opera­ tion, about which no two men can ever possibly differ. 3. It leaves in full force the violation of the precept which declares that representatives shall be apportioned among the states according to their numbers, i.e. by some common ratio. Viewing this bill either as a violation of the constitution, or as giving an inconvenient exposition to if s words, is it a case wherein the President ought to interpose his negative? I think it is. 1. The Non-user of his negative begins already to excite a belief that no President will ever venture to use it: and consequently has begotten a desire to raise up barriers in the state legislatures against Congress throwing off the controul of the constitution. 2. It can never be used more pleasingly to the public, than in the protection of the constitution. 3. No invasions of the constitution are so fundamentally dangerous as the tricks played on their own numbers, apportionment, and other circumstances respecting themselves, and affecting their legal qualifi­ cations to legislate for the Union. 4. The majorities by which this bill has been carried (to wit of 1. [375 ]

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in the Senate, and 2. in the Representatives) shew how divided the opinions were there. 5. The whole of both houses admit the constitution will bear the other exposition, whereas the minorities in both deny it will bear that of the bill. 6. The application of any one ratio is intelligible to the people, and will therefore be approved: whereas the complex operations of this bill will never be comprehended by them, and tho' they may acquiesce, they cannot approve what they do not understand. TH: JEFFERSON

Apr. 4. 1792. M S ( D L C : Washington Papers). P r C (DLC). T J ' s legal opinion helped to resolve a long and bitter congressional controversy over the reapportionment of seats in the House of Representatives in accordance with the first federal census. T J himself took a lively interest in the progress of this dispute, which at various times pitted North against South, free states against slave states, and small states against large states, because of his conviction that an expansion in the size of the House would weaken what he perceived to be Hamil­ ton's unwholesome influence on its delib­ erations (Notes on Conversation on Rufus King, 25 Dec. 1791; T J to Washington, 23 May 1792). T h e conflict originated in November 1791 when the House agreed overwhelmingly to increase its member­ ship from 67 to 112 by giving each state one representative for every 30,000 of its representable population, while disregard­ ing any F R A C T I O N of its population below 30,000 for the purpose of apportionment. In an effort to reduce the size of these fractions, the Senate amended the bill and changed the ratio of representation to one per 33,000 of each state's population. But the House rejected this amendment, which would have increased its membership to only 105, and thus the bill failed to pass Congress ( J H R , I , 456, 459, 462, 470, 472-4, 475-7, 478; J S , I , 342, 345, 347, 349-51, 354, 356, 358; Annals, m, 200-4, 243-50, 254-74; Rutland, Madison, xiv, 108, 135, 155, 156). In order to overcome this impasse, the House approved an apportionment bill in

February 1792 that was identical to the first except for the crucial addition of a new clause calling for another federal cen­ sus and reapportionment of the House by 1797. However, the Senate rejected this plan and simply apportioned 120 repre­ sentatives among the states without speci­ fying the ratio used to arrive at this result. In effect, as contemporary evidence makes clear, the Senate first determined the size of the House by applying the ratio of one representative per 30,000 to the aggre­ gate U . S . population. It then applied the same ratio to each state individually, pro­ ducing a total of 112 representatives, and assigned the remaining seats to the eight states with the largest fractions. Despite objections that its lack of a specific ratio of representation was unconstitutional and its use of the aggregate national popula­ tion a violation of states' rights, the bill as amended by the Senate narrowly passed both houses of Congress and was sent to the President for signature on 26 Mch. 1792. Since the Senate version of the bill gave six of the eight extra representatives to the North, the votes on this measure were cast almost strictly along sectional lines ( J H R , I , 495-7, 503, 509-14, 516, 535, 538-40, 543-6, 549; J S , I , 394, 3967, 405-6, 408-9, 412, 414, 416; Annals, in, 331-6, 403-5, 407-14; Rutland, Madi­ son, xiv, 195, 236, 252-3, 262, 269; " L u ­ cius" essays, National Gazette, 22 Mch., 2 Apr. 1792; "Federalist" essay, same, 2 Apr. 1792). Washington was deeply troubled about the constitutionality of the apportionment bill and the sectional divisions it had engendered in Congress. Accordingly, on

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3 Apr. 1792, he asked the cabinet for advice on the course of action he should take with respect to this legislation. The cabinet thereupon divided along the same sectional lines as Congress. T J and the Attorney General held that the appor­ tionment bill was unconstitutional and urged Washington to veto it. The Sec­ retary of Treasury and the Secretary of War argued in favor of the bill's con­ stitutionality and advised Washington to sign it (Edmund Randolph to Washing­ ton, 3 Apr. 1792; Hamilton to Wash­ ington, 4 Apr. 1792; Knox to Washing­ ton, 4 Apr. 1792; Summary of Cabinet Opinions by Tobias Lear, [4 Apr. 1792], all in D L C : Washington Papers; texts printed in John C. Hamilton, ed., The Works of Alexander Hamilton . . ., 7 vols.

[New York, 1851], iv, 196-215, where Lear's summary is incorrectly ascribed to T J ) . After learning that U.S. Supreme Court Justice James Wilson also had grave reservations about the constitution­ ality of the apportionment bill, Washing­ ton yielded to the entreaties of the Secre­ tary of State and the Attorney General and agreed to cast his first presidential veto. In a message jointly drafted by T J , Ran­ dolph, and James Madison and submit­ ted to Congress on 5 Apr. 1792, Wash­ ington announced that he was vetoing the apportionment bill for the following rea­ sons: "1. The Constitution has prescribed that Representatives shall be apportioned among the several states according to their respective numbers: and there is no one proportion or divisor which, applied to the respective numbers of the states will yeild the number and allot­ ment of representatives proposed by the bill.—2. The Constitution has also pro­ vided that the number of representatives shall not exceed one for every thirty thou­ sand: which restriction is, by the con­ text, and by fair and obvious construction, to be applied to the separate and respec­ tive numbers of the states: and the bill has allotted to eight of the States more than one for thirty thousand" (PrC in DLC; entirely in TJ's hand; see also Fitz­ patrick, Writings, X X X I I , 16-7; Edmund Randolph to Washington, 5 Apr. 1792,

1792 DLC: Washington Papers; T J , Summary of Conversations, 11 Mch.-9 Apr. 1792). Congress thereupon passed, and Washing­ ton signed, an apportionment bill that cre­ ated a House of 105 members by apply­ ing the ratio of one representative per 33,000 to the respective populations of the states and disregarding the left-over fractions—the very same bill the House had rejected when recommended by the Senate in December 1791. The so-called "Method of Rejected Fractions" contin­ ued to be used in every decennial reap­ portionment of seats in the House until 1840 when the inequities of this system became too great to be ignored (JHR, I , 563-6, 571; J S , I , 422-4, 426; Zechariah Chafee, Jr., "Congressional Reapportion­ ment," Harvard Law Review, xui [1929], 1021-3). Fisher Ames was almost certainly the I N G E N I O U S G E N T L E M A N criticized by T J for advocating that the size of the House of Representatives be determined by divid­ ing the ratio of representation into the aggregate population of the U.S. rather than into the respective population of each state (see Ames' 16 Feb. 1792 speech on this issue in Annals, m, 409-11). But Ames was not the person who F O U N D O U T T H E D O C T R I N E O F F R A C T I O N S during con­ sideration of the second bill, as this issue had already been raised in the House dur­ ing debate over the first apportionment bill in November 1791 (same, p. 243). 1

That is, Vermont. New York's representable population was actually 331,591. T J mistakenly added 3/5 of New York's slave population to its total population when, under the terms of the federal constitution, he should have subtracted 2/5 of the slave population from the state's total population. The number of representatives assigned North Carolina in the March 1792 apportionment bill was actually 12, rather than 11 as T J indicated through­ out the document. Since New York's representable pop­ ulation was actually 331,591, this figure should be 3,304,721. That is, Georgia.

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5

From George Washington D E A R SIR Wednesday Morning [4 Apr. 1792] Am I right in understanding, as the result of the Conversation you had with Mr. White, that it was his opinion Geni. Morgan would serve under Officers superior to him in Rank in the Army about to be raised?—I want to get the appointments closed, but wish to know, previously, whether this was Mr. Whites opinion.—Yours sincerely, G W N R C ( D L C ) ; addressed: "Mr. Jefferson]"; endorsed by T J as received 4 Apr. 1792 and recorded in S J P L where it is described as: " G . W . to T h : J . respecting Geni. Morgan."

To George Washington Apr. 4. 1792. T h : J . presents his respects to the President. Mr. White beleived pretty decidedly that General Morgan would serve under any officers who had been his superiors except Geni. St. Clair, but at the same time he said he could not engage it positively. R C ( D N A : R G 59, M L R ) ; addressed: "The President of the U.S."; endorsed by Lear. T r (same, S D C ) . Not recorded in S J L or S J P L .

To Benjamin Bankson SIR Philadelpthia 5 Apr. 1792] The vacancy in my office, [which is the subje]ct of your letter of this morning, was given three [days] ago to a Doctr. Pfeiffer, who is now at work in the office; and the business not requiring any additional aid it is not in my power to avail myself of the offer of service you have been pleased to make.—I am Sir your very humble servt,

TH: JEFFERSON

P r C ( D L C ) ; mutilated. This letter was in response to one writ­ ten the same day by Bankson applying for the vacancy created by the appoint­ ment of Taylor to succeed Remsen as chief clerk and enclosing a copy of an affidavit from Charles Thomson, 22 July 1789, certifying that Bankson was employed in

his office from Aug. 1781 to 8 May 1789, and giving his "warmest Commen­ dation" ( R C in D L C : Washington Papers; endorsed by T J as received 5 Apr. 1792 and so recorded in S J L ) . Also enclosed in Bankson's letter was one from James Monroe, 4 Apr. 1792, recommending Bankson and recorded in S J L as received 5 Apr. 1792, but it has not been found.

[378]

To the Commissioners of the Federal District GENTLEMEN

Philadelphia Apr. 5. 1792.

I now send you 500 obligations for your signature. Should Mr. Johnson not be with you it will be proper to send them to him by express. As soon they have received all your signatures if you will be so good as to return them to me the business shall be finally completed. I received yesterday yours of Mar. 30. and laid it immediately before the President. Tho' he thinks the estimate of the bridge very high, yet, not doubting you have satisfied yourselves by proper enquiry, he approves of the contract. Indeed he thinks and wishes that, having once consulted him on the works to be undertaken, you would make your contracts, and proceed in the execution, without farther reference to him; as he has perfect confidence in the endeavors you will use to do every thing in the best way possible, and he has hardly time to attend to any details. He thinks that if you were to reduce the foot­ ways of the bridge to 6. feet each, and make the carriage way 26. feet, it might be better.—I have the honor to be with great esteem & respect Gentlemen Your most obedt. humble servt, TH: JEFFERSON P.S. I notify Mr. Herbaugh by this post. P r C ( D L C ) ; at foot of text: "Messrs. Johnson, Stuart and Carrol." F C ( D N A : R G 360, D L ) . T r (DNA: R G 42, D C L B ) .

To Leonard Harbaugh SIR Philadelphia Apr. 5. 1792. The President of the U . S . has approved the contract of the Com­ missioners of the federal building with you, for erecting a bridge over Rock creek, of which I notify you according to their desire.—I am Sir your humble servt, TH: JEFFERSON P r C ( D L C ) . F C ( D N A : R G 360, D L ) .

From George Hammond SIR Philadelphia 6th April 1792 I have been so much engaged for the last five or six days, that I have not had it in my power sooner to acknowledge the receipt of your letter [379]

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of the 30th March. I have however now the honor of submitting to your consideration some few remarks on the several points, contained in my statement, of which you require an explanation. With respect to the Laws of Rhode Island, they are so blended with the journal of the general proceedings of the legislature of the state, that it was a matter of some difficulty to separate the legislative acts from the other transactions of the assembly. I therefore cannot but regret that in selecting these instances I could make a reference only to the dates of the particular years in which they were passed. These last will, I trust, upon recurring to the Collection of the Laws of Rhode Island (which book is no longer in my possession) be found to be faithfully stated. By the expression the old Act of Maryland, I meant to combine the Statute of the 5th of George the 2d (declaring lands in the planta­ tions to be personal estate for the payment of debts due to British Merchants) with the Act of Assembly of that state of 1716. ch. 16. sect. 2. (pointing out the mode of appraisement and delivery of the Debtor's lands in common with his personal property). This statute and colonial law have, I understand, been acted upon in the State Courts of Maryland, since the establishment of its independence, but from the strict application of the principle of alienage, mentioned in the text to which this note refers, British Creditors are incompetent to the holding of real estates assigned under these valuation Laws in payment of their debts. All the cases, to which you have alluded (excepting that of Rutgers v. Wadington, which was printed at New York) have been collected from the manuscript notes of a friend, and I have no doubt of their being accurately reported. I wish it were in my power to furnish you with the records of them, but I beg leave to suggest to you, Sir, with the utmost deference, whether those documents could not be obtained on application to the Courts of the states, in which the actions were tried, or the Reports be supplied by the Gentlemen of the law employed in the several suits. Should this explanation not be satisfactory to you, Sir, I will cer­ tainly endeavor to obtain some farther information upon the several points to which you have referred. As after the very polite and oblig­ ing manner, in which you have been pleased to express your desire of saving me trouble, I certainly feel it an act of reciprocal attention due from me to facilitate, by all the means in my power, your investigation of any part of the statement, which I delivered to you.—I have the honor to be with perfect respect and esteem, Sir, Your most obedient, humble servant, G E O . HAMMOND. [380]

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R C ( D N A : R G 59, N L ) ; in a clerk's hand, except for signature; endorsed by T J in pencil: "To be copied and presscopied by M r . Lambert"; also endorsed by T J as received 6 Apr. 1792 and so recorded in S J L . T r (same); in another clerk's hand. P r C of F C ( D L C ) ; in Lam­ bert's hand; at head of text: "(Copy)". F C ( D N A : R G 59, S D R ) . Hammond's information on the case of v. WADiNGTON was derived from

1792 the pamphlet Arguments and Judgment in the Mayor's Court of the City of NewYork in a Cause between Elizabeth Rut­ gers and Joshua Waddington (New York, 1784); see Evans, No. 18773. Phineas Bond, the British consul in Philadelphia, was the F R I E N D upon whose manuscript notes Hammond relied in preparing his 5 Mch. 1792 letter to T J (Hammond to Grenville, 6 Mch. 1792, P R O : F O 4/14, D L C photostat).

RUTGERS

From Joshua Johnson SIR London 6 April 1792 I have the honor to acknowledge the receipt of your Favors of the 31 July, 29 August, and 29 January. It is highly gratifying to me to find that my Conduct respecting Purdie, was approved. I did every thing possible to procure the Report I mentioned to you in mine of April, but could not obtain it. I thank you for your Explanations of the duty of the Consuls and Vice Consuls; I have made it the line of my Conduct. Your Favor of the 29. January reached me only last Evening, and this Morning I sent Mr. Morris his and Mr. Short's Packets, and which he received safe, as will appear by the Copy of his Note of this Date, now inclosed to you; the other Letter for Messrs. Willinks & Co. I send forward by this Day's Mail, and have desired them to acknowledge to me the receipt of it.—I am extremely glad to find that we may expect Mr. Pinkney here soon, in a Public Character; on his Arrival I will conformably to your Directions, furnish him with my Accounts, and make a Settlement of them with him. They will amount to a good deal of Money, having had the poor Man I mentioned to you in my last to maintain 'till lately, and then to bury him. Many others of our poor Countrymen I have supported this Winter, besides which I have been obliged to defend in the Court of Appeals an Action against Captn. Crozier, brought by his Crew, Americans, and prevent a Precedent, or the Crews of every Ship would have deserted and forced Payment from the Captains; I have succeeded, and secured them against all such Innovations in future. I have seen the Draft of the Bill which has past the Senate, regu­ lating the Consular Office. It makes but a miserable Compensation [381]

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to me for the loss of Time, Vexation, and Trouble I have had in the Execution of my Office, but I am glad to find I am to be relieved from those matters in future.—I have the honor to be with the most per­ fect Esteem and Regard, Sir, Your most Obedient, and most Humble Servt,

JOSHUA JOHNSON

R C ( D N A : R G 59, C D ) ; in clerk's hand, except for signature; with enclosed note from Gouverneur Morris to John­ son acknowledging receipt of dispatches for himself and Short. Recorded in S J L as received 7 June 1792. Dupl (same); in clerk's hand. F C (same); in Johnson's hand. Johnson's conduct with respect to Hugh Purdie is discussed in Editorial

Note on impressment of Hugh Purdie and others, at 17 Dec. 1790. Johnson failed to obtain a full text of Lord Hawkesbury's famous January 1791 report to the Privy Council on the state of Anglo-American trade mentioned in his to T J , 18 Apr. 1791. T h e report is discussed in Editorial Note and group of documents on commerical and diplomatic relations with Great Britain, at 15 Dec. 1790.

From Gouverneur Morris D E A R SIR London 6 April 1792 I had the Honor to receive (this morning) your favor of the twenty third of January with its Enclosures, excepting the Cypher which seems accidentally to have been omitted in making up your Dispatches, or perhaps it has been put by Mistake in the Letter directed to Mr. Short which at Mr. Johnsons Request I have taken Charge of. I shall deliver it as speedily as may be, intending to make my Arrangements for leaving this City as soon as the present Hollidays are over. Nothing can be more just than your Observations respecting the Propriety of preserving Silence as to the Government of France; and they are peculiarly applicable to the present state of Things in that Country. Changes are now so frequent, and Events seem fast ripen­ ing to such awful Catastrophe, that no Expressions on the Subject, however moderate, would be received with Indifference. Feeling with you the Importance of our commercial Connections I shall of Course bend all my Attention to establish and extend them. Permit me to entreat, my dear Sir, that you will send me all the Informations which can be collected on the Subject. If at the same Time you could favor me with the particular Points which it is desired to carry I shall feel myself more at Ease than in a general Pursuit which may perhaps be directed to Objects less important than I may suppose them. I thank you for the accurate Statement you have been so kind as to [382]

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make respecting my Salary &ca. and you may rely that I shall exactly conform to your Wishes on that Head. And I take this opportunity to say that you will never receive from me any Observations respecting the Amount. If it proves insufficient I will supply the Want from my own Funds, as far as they will permit, and the Ballance must be made up by Retrenchment. As you have yourself ran thro the Career which I am now about to commence you know much better than I do the Importance of early Information and therefore I feel more Confidence in acting under you than I should in any other Situation. If you would kindly afford me your good Counsel it would confer a great Obligation. Pardon me I pray you one Observation. The Distance of America is such that probable Events are almost of equal Importance with those which have actually happened because Measures must be squared in some Degree to the one as much as to the other. You will from hence infer my Desire to know on some Subjects the best Opinion which can be form'd, and I am sure I cannot better address myself for that Purpose than to you. F C ( D L C : Morris Papers); in Morris' hand. Recorded in S J L as received 13 June 1792. In reality, the new American minister to France was unwilling to confide in T J to the same extent that he expected the Secretary of State to confide in him. In a letter written to Washington this day, Morris reminded the President that in the past he had "communicated to you many Things which I should not will­ ingly entrust to others" and asked if in the future he could withhold from the Secre­ tary of State certain information that in his judgment the President alone should know, pointedly observing that "I cannot have the same unreserved Confidence in others that I have in you." In the same letter, moreover, he stated that he had just been credibly informed by a member of the Pitt administration that the United States had asked for British mediation in the war with the Western Indians—a significant, though erroneous, report he saw fit to conceal from T J (Morris to Washington, 6 Apr. 1792, D L C : Wash­ ington Papers). Washington advised Mor­ ris to keep T J informed of most "things of a public nature" concerning his min­

istry to France, but authorized him to report to the President alone "other mat­ ters, more remote in their consequences, of the utmost importance to be known that not more than one intermediate per­ son would be entrusted with" (Washing­ ton to Morris, 21 June 1792, Fitzpatrick, Writings, xxxn, 63-4). Morris undoubt­ edly wished to maintain a confidential line of communication with Washington because he realized that his own views of the French Revolution were irreconcilably opposed to those of T J . Shortly before receiving official notifi­ cation of his confirmation by the Senate, Morris initiated a confidential correspon­ dence with another member of the execu­ tive branch of government who was more sympathetic to his views on foreign pol­ icy than T J . He asked Hamilton "to favor me with your Correspondence and to give me Information, which otherwise I may not obtain," offering in return "to apprize you of what is doing on this Side of the Water confidentially which I will not do to every body" (Morris to Hamilton, 21 Mch. 1792, Syrett, Hamilton, xi, 162). T h e Secretary of the Treasury promptly accepted Morris' offer (Hamilton to Mor­ ris, 22 June 1792, same, p. 545-6).

[383}

To Martha Jefferson Randolph M Y DEAR MARTHA

Philadelphia A p r . 6. 1 7 9 2 .

Mr. Randolph's letter of the 18th. has been received since my last. The one it covered for Great Britain is sent by the packet now about to sail from New York. His commission to Doctor Barton shall be fulfilled to-day. Maria is with me keeping her Easter holidays. She is well. She allows herself to write but one letter a week, and having written to some acquaintance already she has nothing but her love for Monacello.—I suppose you are busy in your garden. Shackleford promised me on his honor to cover it well with manure. Has he done it? If not, tell him I have written to enquire.—Two or three straggling numbers of Fenno's gazette being found in my office, we presume they belong to Mr. Randolph's set, and therefore I send them. Present my best affections to him, and be assured of the cordial love of Your's, TH: JEFFERSON R C (NNP). P r C ( D L C ) . T J complied with Randolph's C O M M I S ­ with the following note to Benjamin Barton, 9 Apr. 1792: "Th: Jefferson pre­ sents his compliments to D r . Barton with SION

a letter to him from Mr. Randolph, his son in law, at whose request he also incloses him an order on the bank of the U . S . for 40. Dollars 83. cents" ( R C in M B ; P r C in C S m H ) .

To Thomas Barclay SIR

Philadelphia A p r . 9. 1 7 9 2 .

I have to acknolege the receipt of your favors of Oct. 28. Nov. 20. 23. Dec. 18. 26. 31. and Jan. 30. By Chiappe's letter inclosed in the last I am in hopes the difficulty respecting your character will be got over by verbally announcing yourself under some character more acceptable than that of Consul, which I suppose to be what Chiappe has in view. I wish the crisis of affairs in Marocco may be so far decided as that what we do, may be effectually done. It would be very disagreeable should any event give us the same business to go over again.—I send the present letter by the way of Lisbon. That of Cadiz is unsafe on account of the strict researches of the government exercised at their ports. To Gibraltar there are few conveyances.—With the present I send you the newspapers, which will inform you so fully of all transactions, public and private here, as to leave me little to add. You will perceive therein the state of the public mind, somewhat dissatisfied of late. Congress will probably adjourn within a fortnight. Geni. St. Clair has resigned [384]

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the command of the Western army. This is to be enlarged to 5000 men in order to bring our Indian war to a conclusion. I shall be glad to hear from you frequently & am with great esteem Sir your most obedt. humble servt., TH: JEFFERSON P r C ( D L C ) . F C ( D N A : R G 59, D C I ) .

To William Carmichael SlR Philadelphia Apr. 9. 1792. I wrote you on the 29th. of Dec. Since that a joint letter to yourself and Mr. Short has been forwarded to the latter, whom you may probably see at Madrid sometime in May on a business jointly confided to you. The incertainty of the fate of my letters to you occasions my silence on all special subjects. The newspapers which now, and on all other occasions accompany my letters, will possess you of all transactions of a public nature here. You will perceive we are preparing to make a greater effort against the Indians the ensuing campaign. Geni. St. Clair has resigned the command of the Western army.—I am still without letters from you; one only having been received since I came into office, as has been often before mentioned in my letters to you.—I am with great esteem Sir your most obedt. & most humble 1

servt,

TH: JEFFERSON

P r C ( D L C ) . F C ( D N A : R G 59, D C I ) .

1

November intended.

To the Commissioners of the Federal District GENTLEMEN

Philadelphia Apr. 9. 1792.

In a former letter I inclosed you an idea of Mr. Lee's for an immedi­ ate appropriation of a number of lots to raise a sum of money for erect­ ing a national monument in the city of Washington. It was scarcely to be doubted but that you would avoid appropriations for matters of ornament till a sufficient sum should be secured out of the proceeds of your sales to accomplish the public buildings, bridges and other such objects as are essential. Mr. Ciracchi, the artist, who had pro­ posed to execute the monument, has had hopes that a subscription set [385 ]

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on foot for that purpose, would have sufficed to effect it. That hope is now over, and he is about to return to Europe. He is unquestion­ ably an artist of the first class. He has had the advantage of taking the model of the President's person in plaister, equal to every wish in resemblence and spirit. It is pretty certain that the equestrian Statue of the President can never be executed, by an equal workman, who has had equal advantages, and the question is whether a prudent cau­ tion will permit you to enter into any engagement now, taking time enough before the term of payment to have accomplished the more material object of the public buildings &c. He says that to execute the equestrian statue, with the cost of the materials in marble, will be worth 20,000 guineas: that he would begin it on his return, if four or five years hence you can engage to pay him 20,000 dollars, and the same sum annually afterwards till the whole is paid, before which time the statue shall be ready. It is rather probable that within some time Congress would take it off your hands, in compliance with an antient vote of that body. The questions for your consideration are Whether, supposing no difficulty as to the means, you think such a work might be undertaken by you? Whether you can have so much confidence in the productiveness of your funds, as to engage for a residuum of this amount, all more necessary objects being first secured, and that this may be within the times before proposed? And in fine which will preponderate in your minds, the hazard of undertaking this now, or that of losing the aid of this artist?—The nature of this proposition will satisfy you that it has not been communicated to the President, and of course would not be unless a previous acceptance on your part should render it necessary to obtain his sanction. Your answer is nec­ essary for the satisfaction of Mr. Ciracchi, at whose instance I submit the proposal to you, and who I believe will only wait here the return of that answer. I have the honour to be with the most perfect esteem Gentlemen your most obedient & most humble servt, TH:

JEFFERSON

P r C ( D L C ) ; at foot of text: "The Commissioners for Washington." T r ( D N A : R G 42, D C L B ) .

To David Humphreys D E A R SIR Philadelphia Apr. 9. 1792. My last to you were of the 29th. of Nov. and 13th. of Dec. I have now to acknoledge the receipt of your Nos. 34. to 44. inclusive. [386]

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The river here and at New York having remained longer blocked with ice than has been usual, has occasioned a longer interval than usual between my letters. I am particularly to acknolege that Mr. Barclay's receipt of draughts from you on our bankers in Holland for 32,175 florins has come safely to my hands, and is deposited in my office where it will be to be found wrapped in the letter in which it came. You have been before informed of the failure of our arms against the Indians the last year. Geni. St. Clair has now resigned that command. We are raising our Western force to 5000. men.—The stockjobbing speculations have occupied some of our countrymen to such a degree as to give sincere uneasiness to those who would rather see their capitals employed in commerce, manufactures, buildings and agriculture. The failure of Mr. Duer, the chief of that description of people, has already produced some other bankruptcies, and more are apprehended. He had obtained money from great numbers of small tradesmen and farmers, tempting them by usurious interest, which has made the distress very extensive. Congress will adjourn within a fortnight. The President has negatived their representation bill, as framed on principles contrary to the constitution. I suppose another will be pressed allowing simply a representative for every thirty or thirty three thousand in each state. The troubles in the French island continue extreme. We have as yet heard of the arrival but of a few troops. There begins to be reason to apprehend the negroes will perhaps never be entirely reduced.—A commission is issued to Mr. Carmichael and Mr. Short to treat with the court of Madrid on the subjects heretofore in négociation between us. I suppose Mr. Short will be in Madrid by the last of May. We expect Majr. Pinkney here hourly on his way to London as our Minister Plenipotentiary to that court. For a state of our transactions in general, I refer you to the newspapers which accompany this. I put under your cover letters and newspapers for Mr. Carmichael and Mr. Barclay, which I pray you to contrive by some sure conveyances. We must make you for some time the common center of our correspondence. I am with great & sincere esteem Dear Sir Your most obedt & most humble servt, TH: JEFFERSON

RC (NjP); addressed: "Colo. Humphreys Minister Resident of the U.S. of America at Lisbon." PrC (DLC). FC (DNA: RG 59, DCI),

[387]

To Adam Lindsay SIR Philadelphia Apr. 9. 1792. I acknoleged to you the receipt of the three boxes of candles soon after they came to hand. The desire expressed in your letter that I should not forward the cost till the arrival of another parcel which you expected would follow the other soon, prevented my sending you a bill for the amount. Presuming that some accident has prevented the second parcel, I think myself no longer justifiable in witholding the price, which I accordingly now inclose in a bank-post-bill for 24. dol­ lars 50. cents, with my thanks for your attention to this little demand. We expect Congress to rise within a fortnight. Their representation bill having been negatived by the (constitution) President as formed by a rule of apportionment not authorised by the constitution, they have to bring in another, which probably will give from 30. to 33000 as the number for apportioning the representatives of each state. I am Sir your very humble servt, TH: JEFFERSON PrC (DLC).

From James Maury Liverpool, 9 Apr. 1792. He has not written since 10 Nov. last because since then little material has happened and he has been unable to provide a better account of American trade in his district last year.—He has received his set of the acts of Congress and needs four more for the use of his agents at other ports.—This port still excludes foreign wheat andflour.—Mastersof American vessels entering here must take care to be in order.—William Barker Master of the South Carolina brig Sukey is now having trouble because crew members who are not native Americans have made recent declarations before a local magistrate that do not accord with those made before an approved magistrate in America prior to setting sail. The vessel may be admitted to port or released, yet the delay and inconvenience will be great before the Lords of Treasury settle the matter. He suggests this affair be made public.—American vessels continue to be preferred in the carrying trade from hence.—The House of Commons seem inclined to abolish the African slave trade but have not yet proposed how to do it.—The enclosed copy of the London Gazette describes the attempted assassination of the King of Sweden. R C ( D N A : R G 59, C D ) ; 3 p.; at head of text in pencil in T J ' s hand: "Extract of a letter from M r . Maury Consul for the U . S . at Liverpool to the Secy, of State dated Apr. 9. 1792"; at foot of text, also

U

in pencil in T J ' s hand: A copy and press copy of the paragraph marked T J , one to be sent to Fenno, the other to Freneau"; endorsed by T J as received 6 June 1792 and so recorded in S J L . Actually, two

{388]

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paragraphs were so marked, those deal­ ing with the crew of the brig Sukey. That text appeared in the Gazette of the United

1792 States on 9 June 1792 and in the National Gazette on 11 June.

From Thomas Mann Randolph, Jr. D E A R SIR Monticello April 9. 1792 I trouble you with two other letters for the British packet which I beg the favor of you to have included in the first mail for England. We have no news from home to send you but of the Orchard in which the hares have lately done much damage.—While writing I am informed that Gilmer is much better and am pleased that I have it in my power to tell you of his illness and recovery at the same time. We are in good health ourselves and enjoy by the favor of fortune that happiness and mental tranquillity which Philosophy has made your own.—I am Dear Sir your most sincere & obedt. Servt., T H O S . M . RANDOLPH RC (ViU); endorsed by T J as received 25 Apr. 1792 and so recorded in S J L .

From William Rawle SIR Third Street April 9th. 1792. I have made enquiry relative to the two actions concerning which you spoke to me. Charles Osborne v. Samuel Mifflin's execrs. was an action of debt on bond.—The plaintiff was and still is a subject of Great Britain and resident in that island. By direction of the Court seven and a half years interest were deducted. The other case I take to be that of Samuel Hoar e v Andrew Allen &c. I enclose a copy of the docket entries which shew that the plaintiff acquiesced in the verdict given and that the whole mortgaged property did not sell for half his debt. The plff in this case was and is also a subject of and resident in Great Britain.—The Court in this, as they have done in every similar case, directed the Jury to deduct 1\ years interest. The Jury however deducted 8 £ years interest. If the plaintiff had moved the Court in the return of the postea, a new trial would have been granted, or, as the sum was certain it is probable the Court would have recommended 1

[389]

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1792 2

and the parties have made the necessary alteration in the judgement. Osborne v McPherson (which I supposed might be the case referred to) was ended by a compromise. I have not procured a copy of the entries in the case of Osborne v Mifflins execrs. as the record will not elucidate the point in question.— I have the honor to be Sir your most obedt humble servant, W: R A W L E R C ( D N A : R G 59, M L R ) ; at head of text in pencil in T J ' s hand: "Extract of a letter from Wm. Rawle Attorney for the U . S . for the district of Pennsva. to the Secretary of State dated Apr. 9. 1792," and having other pencilled additions by T J as indicated in notes below; endorsed by T J as received 9 Apr. 1792 and so recorded in S J L . F C of Extract ( D N A : R G 59, S D R ) ; consisting of caption noted by T J on letter and of text indicated in note 2, together with complimentary close and signature. P r C of Extract ( D L C ) . Enclosure: Copy of docket entries in the case of "Samuel Hoare v. Andrew Allen junr. and the ten tenants of Pikeland," showing that the action was removed by certiorari from the court of common pleas of Chester county and tried before the supreme court at West Chester on 8 May 1789, when verdict was found for the plaintiff and the jury certified to the court that the debt due by defendants amounted to £ 3 7 , 1 0 9 - 0 - 1 (currency not stated); that judgment was rendered 2 July 1789, on which a writ of levari facias returnable to the September term 1789 was issued; and that the sheriff seized the 10,116 acres that were covered by mortgage for the debt and sold the property at pub­ lic vendue for £ 1 5 , 0 0 0 Pennsylvania cur­ rency to Samuel Hoare ( T r in D N A : R G 59, M L R ; dated 7 Apr. 1792, attested by George Davis, for Edward Burd, prothonotary, and endorsed by T J in pencil: "Rawle's letter"; P r C of another T r [as appended to T J to Hammond, 29 May 1792] in D L C ) . T J was interested in the Pennsylvania Supreme Court's decisions in the cases of Charles Osborne v. Samuel Mifflin's Executors and Samuel Hoare v. Andrew Allen and the Tenants of Pike Lands because these cases were cited by George Hammond as violations of Article iv of the

Treaty of Peace, which, according to the British minister's interpretation, required the payment of wartime interest on British debts (Hammond to T J , 5 Mch. 1792). In the former case Charles Osborne, a British subject, brought suit to compel payment of the outstanding principal and interest on a bond for £ 6 0 0 Pennsylvania currency that Samuel Mifflin and two other Pennsylvanians had entered into with Osborne in 1771. Osborne cited the original bond and Article rv of the peace treaty to sup­ port his claim for the payment of wartime interest. Counsel for the defendant coun­ tered by citing the prohibition of remit­ tances to England in time of war by the Continental Congress, the abatement of wartime interest on British debts by pre­ vious court decisions, and the impossibil­ ity of making payments to Osborne by virtue of the absence of his agent from Pennsylvania after the British evacuation of Philadelphia in 1778. In July 1787 the court ordered payment of the remain­ ing principal and interest due to Osborne, but abated the interest that had accrued during the war for the same reasons as those given by counsel for the defendant (Summary of Osborne v. Mifflin, n.d., enclosed in Phineas Bond to Leeds, 10 Nov. 1789, P R O : F O 4/7, f. 274; accord­ ing to Bond's account, the court deducted only 6 £ years interest to cover the period when Osborne had no agent in Pennsyl­ vania). In the latter case Samuel Hoare of London brought suit against Allen and the tenants of Pike Lands to recover the principal and interest due under the terms of a mortgage signed by Allen in 1773 that provided for the payment to Hoare of £ 1 6 , 0 0 0 at 5% interest for the purchase of a 10,000 acre tract in Chester County. In addition to citing the resolves of the Con­ tinental Congress on wartime remittances to Great Britain and previous court deci­ sions on the abatement of wartime inter-

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est, the defense also opposed Hoare's claim for interest accrued during the war on the grounds that Hoare had no duly constituted agent in Pennsylvania to receive payments from 1775 to 1785. According to counsel for the defendant, the outbreak of war in 1775 invalidated Hoare's power of attorney to his agent in Philadelphia by making Hoare an enemy alien, and after that agent's death in 1780 Hoare waited five years before appointing a successor in Pennsylvania. T h e court accepted the defense's contentions and instructed the jury to deduct 1\ years of wartime interest from the debt due to Hoare. But the jury, while awarding Hoare £ 3 7 , 1 0 9 Pennsyl-

1792

vania currency, allowed Allen an abatement of 8-£ years interest, apparently as a compromise between the 1\ years recommended by the court and the 10 years for which Hoare was without an agent in Pennsylvania. T h e court gave judgment accordingly in May 1789 (Summary of Hoare v. Allen, n.d., enclosed in Bond to Leeds, 10 Nov. 1789, same, f. 276-7). 1

Added by T J in pencil: "in the case of Hoare v. Allen". T J bracketed preceding two paragraphs and wrote at this point: "add the conclusion". 2

From Thomas Barclay Gibraltar, 10 Apr. 1792. This will accompany his 31 Mch. letter. Muley Ischem is the only pretender to the throne who is active in the kingdom of Morocco. He is opposed by an army commanded by his father-in-law, Rachmani, one of whose daughters was also the wife of his father. Some months ago the Bashas Benasser, Benlarosi, and Rachmani conspired to rid Morocco of the vice-ridden late emperor. Benassar and Benlarosi proclaimed Muley Ischem emperor without the approval of Rachmani, who was further offended by their failure to make his son Effendi. Rachmani thereupon joined forces with Muley Yezid and enabled him to capture the city of Morocco and defeat Muley Ischem's army in February, during which battle he was wounded.—Nothing new about Morocco is known here except that the province of Hea is tranquil and Mogadore is content with Ischem. Spain supplies corn to him, the price of which at Rabat is now 25 ounces, nearly 2£ Mexican Dollars 3ß bushel. Ischem shows no signs of accepting the rule of his brother, Slema, but his primary support is Abderhaman Benasser, the very able and most powerful Basha of the Empire. It is assumed he will govern everything if Ischem succeeds. He knew Benasser at Morocco "when he was alcayde of about 40 men," and Barclay was very attentive toward him and gave him "a very acceptable present." His mother had been given in marriage to his "reputed" father by Sidi Mahomet, whose child she was carrying.—The British consul who negotiated a treaty with Muley Yezid is still here awaiting the outcome of the succession struggle in Morocco, as are M. De Rochér of Toulon and Sr. Cassalari of Ragusa, both of whom were on their way to meet with the late Emperor.—He relates further information about the end of Muley Yezid's reign. Muley Yezid engaged Muley Ischem's army with inferior forces at Tensif and inspired his men to victory with his personal bravery but was fatally wounded by a young man whose closest relations he had plundered and put to death. After the battle Muley Yezid ordered Abdelaru Fenis to execute almost 90 people in Mogadore and other parts of Morocco whom he suspected of being supporters of Muley Ischem, including Joseph Chiappe, but all of them were saved by his death. [391]

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1792

Muley Yezid, through personal extravagance, squandered most of the great wealth accumulated by his father, Sidi Mahomet, and drained the treasury through the siege of Ceuta. "The chief gratification of Yezid appears to have been that of wreaking his vengence on all who had ever in any manner offended his caprice or humor in the slightest degree, and as he had long lived in a State of hostility with his father the number was not small. He devoted himself much to the pleasures of the Harem, and frequently committed excess in the use of Spirituous Liquors and Wine. He was a fine figure with an engaging aspect, and had such pleasing address and manners as to banish all reserve when he was in a disposition to be familiar. At other times no person about him would venture to speak to him or even to present a thing that he had ordered to be brought, untili he expressed an inclination to receive it. He looked upon all who did not believe in Mahomet with hatred and contempt, and I have no doubt, had he lived to see himself cleared of all his domestic enemies, but he would have turned his chief views to the Establishment of a Navy and made War on every Christian power without exception. In this Case he would most probably have become a popular Monarch among his people, but as things have happened they must think he had most of the vices of his great grand father and grand father, with few of the virtues of his Father." R C ( D N A : R G 59, C D ) ; 3 p.; in clerk's hand except for complimentary close, signature, and the following at foot of text in Barclay's hand: "No. 11"; recorded in S J L as received 10 June 1792.

From Gouverneur Morris D E A R SIR London 10 April 1792 I beg Leave to enclose the procès verbal of the late assassination at Stockholm. The last Advices from thence give Hopes of the King's Recovery but from the Nature of the Wound his state must for a long Time be precarious. Conjecture as is usual in such Cases wanders very far but it would seem to be the Consequence of a pretty general Combination among the Nobles of Sweden to restore their aristocratic Tyranny. You know that the Country was freed by the King from this afflictive Calamity but that, as is too often the Case, he arrogated all Power to himself. The last Advices from India mention the Taking of a french Frigate the Resolve by the English because she would not permit them to search Merchant Ships under her Convoy. Lord Grenville in mentioning this Affair to the french Minister here treated it as a Thing of Course which they had a Right to do by the commercial Treaty at which Mr. Hertzinger was not a little surpriz'd. The Opinion here seems to be that the national Assembly will by no Means resent this Insult to their Flag but treat it as the Aggression of their Officer and [392]

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1792

him as an Aristocrat who wished to involve his Nation in a War zvith their Friends the English. I beleive for my own Part that the british Embassador at Paris is ordered to make an Apology and from the Situation of Things there I presume that it will be readily accepted. You will find enclos'd a Pamphlet which was publish'd here on Occasion of the late Armament against Russia. It was written under the Inspection of a Person to whom the Facts were all familiarly known. I think if you have not seen it before you will derive some Pleasure from the Perusal. F C ( D L C : Morris Papers); in Morris' hand; recorded in S J L as received 13 June 1792. The fatal shooting of King Gustavus I I I was a pivotal event in European history. It was the first political assassination in Europe since 1672, and was the inspi­ ration for several plays and operas. For an interesting interpretation of T J ' s view of the effect of the assassination derived from a June 1792 dinner conversation, see Edward Thornton to James B . Burges, 11 June 1792, in S. W. Jackman, ed., "A Young Englishman Reports on the New Nation: Edward Thornton to James Bland Burges, 1791-1793," W M Q , 3d ser., X V I I I [1961], 110; Franklin L . Ford, "As­ sassination in the Eighteenth Century: The Dog that did not Bark in the Night," American Philosophical Society, Proceed­ ings, cxx [1976], 211-5). Lord Grenville justified the seizure of the Resolve on the basis of the T R E A T Y of commerce concluded between France and Great Britain in September 1786, which

gave each of the signatories the right to search the other's merchant vessels for contraband (Clive Parry, ed., The Con­ solidated Treaty Series, 239 vols. [Dobbs Ferry, N . Y . , 1979-1981], L , 71-92). M R . H E R T Z I N G E R : Yves Hirsinger, chargé d'af­ faires of the French embassy in London (Paul Vaucher, ed., Recueil des instruc­ tions donnés aux ambassadeurs et minis­ tres de France . . . Angleterre, 1698-1791 [Paris, 1965], p. 564 n. 6). The P A M P H L E T Morris enclosed was [ M . Joly], Serious Enquiries into the Motives of Our Present Armament against Russia (London, 1791). See Sowerby, No. 2796. This work, which Joly orig­ inally wrote in French under the direc­ tion of his superior, Semyon Romanovich Woronzow, the Russian ambassador to Britain, was designed to prevent the Pitt administration from intervening in the Russo-Turkish war on behalf of the Turks (Gleb Struve, "John Paradise—Friend of Doctor Johnson, American Citizen and Russian Agent," V M H B , L V I I [1949], 36472).

From Elias Boudinot Wednesday [11 Apr. 1792] Mr. Boudinot encloses a very rough draught of a Letter to Mr. Jefferson in answer to his Note, merely to know if the Substance of it, will answer any valuable End. If it should not, the Copies of the Testimony may be obtained from Judge Chetwood of Elizabeth Town.—If the Letter will answer, Mr. Boudinot will copy it and sign it, and return it to Mr. Jefferson. [393}

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The other delegates from New Jersey, can only testify generally, from common Report that the facts are properly stated. R C ( D N A : R G 59, M L R ) ; addressed: "The Honble Mr. Jefferson"; endorsed by T J as received 11 Apr. 1792 and so recorded in S J L .

From Elias Boudinot SIR Philadelphia April 11. 1 7 9 2 Having been accidentally present at the Examination of the Wit­ nesses against John Smith Hatfield, taken before the proper Magis­ trate in New Jersey, on a Habeas Corpus brought by Hatfield to obtain an order for Bail or discharge, I have taken the liberty to give the Substance of the Testimony. Hatfield was an Inhabitant of Elizabeth Town in New Jersey, and went over to the British in 1778. A certain Mr. Ball also an inhabi­ tant of New Jersey, used to supply the british on Staten Island with provision by Stealth, it being contrary to our Law. A Spy having been taken in our Lines, who had been a refugee, was tryed by a Court Marshul and executed. The next Time Ball went over to the Island with provisions, the refugees, of whom Smith Hatfield was one, seized him and threatned to execute him in retaliation. The British Commanding officer, expressly forbad it, on which they determined to take him out of the british Lines and within ours, and there execute him. The Commanding Officer sent for the witness, and after enquir­ ing into the Character of Ball, told the Witness, that he had forbad it, but still feared that they would put their threats into Execution, by removing Ball without his Jurisdiction. But if they should, the Officer desired witness, to inform our People; that the British had nothing to do with it, and that the Persons guilty of the Crime must answer alone for it.—On Witness's return, he saw a Boat with a number of men, among whom Hatfield was one, passing over to Bergen Shore. He saw them land, take a Man, who was tyed, out of the Boat and lead him to a Tree place him on a Table and one of the number tye a rope that was round his Neck to a limb of the Tree and take the Table from under him, whereby he was left hanging. Witness waited at the Tavern till their return, when he heard Hatfield say that he had hanged Ball, and wished he had many more rebels he would repeat it with Pleasure. Sometime afterwards, Hatfield shew Witness the Tree, on which he said he had hanged Ball and where he was buried. On this Evidence and other corroborating Testimony, the Magis[394]

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trate took the matter into Consideration, but on examining the Habeas Corpus and finding it had issued at Common Law and not under the Statute, and knowing that he acted, merely in a summary way, determined that it would be highly imprudent for him to decide so great a question and one in which the Treaty of Peace was involved on so slight a Consideration when the Court was near at hand. He concluded to remand the Prisoner to New Ark Goal, where he had nearly lost his life by his debaucheries. At the Meeting of the Court in Bergen County (in which the Crime was committed) the Evidence did not attend, whereupon the Court adjourned the Business till the next Court and considering the peculiar situation of the Prisoner, thought proper to bail him, but Hatfield immediately ran away and never again returned. The Bail have applied to the Legislature for Relief against their Recognizance, and I believe have been discharged.—These are the facts in short, as far as my Memory will serve me; my Colleagues not knowing of this matter, but from general Report, could say noth­ ing but what arose therefrom. I cannot ascertain the year this happened with Certainty, but believe it was in 1788. If it should be necessary, the Affidavits may be produced, as they are with the Judge, or among the files of the Court.—I have the honor to be with great respect Sir Your most obedt Hbl Servt, E L I A S BOUDINOT

Since writing the above Mr. Boudinot is well informed that Hatfield's Council has advised his Bail to plead to the Action against them on the Recognizance, as they consider them as not legally bound to pay the forfeiture and not to apply to the Legislature for Redress. This has been done some time past, since which the Attorney General has not moved the Question. RC (DNA: R G 59, MLR); addressed: "The Honble the Secretary of State— Present"; docketed by T J : "Hatfield's case"; endorsed by him as received 16 Apr. 1792, but recorded in S J L under 18 Apr. 1792. PrC (DLC); in Lambert's hand, with the name of the accused given as "Helfield." F C (DNA: R G 59, SDR); in Taylor's hand, with the name of the accused given as "Hetfield." The copies made by TJ's clerks were numbered as document "No. 47," which became one of the many documents used by T J in his long letter to George Hammond of 29

May 1792 (printed below). The effort to secure Hatfield's indict­ ment for murder as a result of his complic­ ity in the execution of Stephen Ball was cited by George Hammond as a violation of Article vi of the Treaty of Paris, which forebade further prosecutions for wartime actions (Hammond to T J , 5 Mch. 1792). This effort was made in the summer of 1789, a year later than Boudinot rec­ ollected (Unknown to Phineas Bond, 8 Aug. 1789; Bond to Leeds, 17 Sep. 1789, PRO: FO 4/7, f. 186-9).

[395 ]

From the Commissioners of the Federal District SIR George Town 11th April 1792 We now send you the Warrants executed on our part; by our count­ ing, there are 519. which you will be pleased to notice. By the rigour of this Loan the whole number of Lots, remain in Mortgage till the intire payment. It is desirable if it can, as we suppose, be changed without inconvenience, so far as that on payment of every 200 Dol­ lars, one lot should be released from the incumbrance: by this the sale may go on with safety to Purchasers as soon as the time of payment comes and may much accomodate the Public. However, if there is the least difficulty we do not wish it to be insisted on. We have left the numbers blank. The situation of things here is very different from what we expected, or you perhaps have any Idea of. People are on tip Toe to come from all parts. We might probably have 2000 Mechanics and Labourers here on very short notice: We think therefore there is no occasion to import people from abroad unless Stone-Cutters, of whom there are but few and their wages high. Of them indeed 20 or 30 from Scotland are desirable and we wish them introduced. We are of opinion that in the application of the funds we ought to class our Work into Necessary, Useful and Ornamental, prefering them in that order. Without going into the Question of right to apply the money to defray the expence of Mr. Cerachi's Design, or the propriety of the design itself, we decline going into that business. You may be assured, Sir, that our coolness does not proceed from any Disinclination to concur in monumental acknowledgements of the Favor of Heaven and the Virtues of the Heroe, but it certainly ought to be a national Act. We cannot but be uneasy at the situation chosen for the Capitol. We have had a free conversation with Majr. Ellicott on it, and on view of the Ground, taking in the value of Mr. Young's Improvements, which must be paid for on the present plan's taking place and which may be left clear by a small alteration, we reckon the Difference of expence must be at least £ 1 5 , 0 0 0 . But that still is not the worst—within three hundred yards the inviting Situation will always reproach the Choice. Presuming that the delay and expence influenced, we should be glad this business was reconsidered. Ellicott says in his Letter, which we inclose, it will not take 3 or 4 weeks to correct what will be necessary. This may be shortened, we have no doubt, by introducing a few [396]

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1

accurate measurers and the difference of expence much in favor of it. We have told Majr. Ellicott that we wish an opportunity to make him a present at the close of the work, for his expedition in doing it. He says, and the fact is, that the Deviation from the plate will be perceptible, but on measuring, and that the Plate will convey an Idea of the work, sufficiently exact to any man living. We would avoid Importunity, but the President will bear with our anxiety, a little, and let us know his resolution soon, which will be chearfully executed though it should be contrary to our Wish.—We are Sir with the highest respect your Mo. Obedt. Servts., T H . JOHNSON DD. STUART DANL. CARROLL R C ( D L C ) ; in clerk's hand, except for signatures; endorsed by T J as received 17 Apr. 1792 and so recorded in S J L . F C (DNA: R G 42, D C L B ) . The enclosed letter from Ellicott dis­ cussed three defects of the current plan for the city of Washington: 1 ) there were too many avenues; 2) L'Enfant had planned too many public squares; and 3) "the Situation intended for the Capitol." Elli­ cott suggested landscaping the approach to the Capitol to reduce its angle, and also

that the building be located "a few hun­ dred feet eastward" of its planned site to enhance the vista of the Eastern Branch and secure the Capitol's foundation, the safety of which he now questioned. More­ over, the altered location would spare the property of Notley Young while delaying the work only three or four weeks (Elli­ cott to the Commissioners, 11 Apr. 1792, D N A : R G 42). 1

"measures" in F C .

From George Hammond SIR Philadelphia 11th. April 1792 I have received by a circular dispatch from my Court, directions to inform this government that, considerable inconvenience having arisen from the importation of Tobacco in foreign vessels into the Ports of his Majesty's dominions, contrary to the Act of the 12th Charles 2d. Chap. 18. Sect. 3d. (commonly called the Navigation Act) it has been determined in future strictly to inforce this clause, of which I take the liberty of inclosing to you a copy; and I have the honor to be with perfect esteem and respect, Sir, Your most obedient humble servant, G E O . HAMMOND. R C ( D N A : R G 59, N L ) ; in a clerk's hand except for signature; at foot of text: "Mr. Jefferson"; endorsed by T J in pencil: "2 copies and press copies immediately"; also endorsed by him as received 12 Apr. 1792 and so recorded in S J L . Enclosure:

copy of navigation act, 12 Car. 2 chap. 18, sect. 3. T r (same). P r C of T r ( D L C ) ; in Taylor's hand. Lord Grenville's circular letter of 31 Jan. 1792 to the British minister and con-

[397]

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suis in the United States threatened to provoke a crisis in Anglo-American rela­ tions that was only averted by some adroit diplomacy on the part of T J and George Hammond. T h e declaration gave rise to conflicting interpretations among the British officials to whom it was addressed, leading some to conclude it was meant to end the tobacco trade between the U . S . and the British West Indies, while others like Hammond concluded that it was designed to prevent trade with the Channel Islands. Hammond had wanted to withhold the letter pending the arrival of a clarifying statement from Grenville, but Sir John Temple, the British con­ sul general in New York, forced him to take action by publishing a notice that the relevant clause of the 1660 Navigation Act would be "strictly enforced." Tem­ ple's notice created consternation among American merchants and shippers because it was widely interpreted as meaning the nullification of the royal order in council of December 1783 that permitted Amer­ ican vessels to bring selected products to Great Britain on the same terms as vessels from British colonies (Grenville to Ham­ mond, 31 Jan. 1792, Mayo, British Min­ isters, p. 22-3; Sir John Temple, Notice, 9 Apr. 1792; Bond to Grenville, 12 Apr. 1792; Hammond to Grenville, 14 Apr. 1792; McDonough to Grenville, 20 Apr. 1792, all in P R O : F O 4/14, D L C photo­ stats; Bemis, Jay's Treaty, p. 28-31). In an effort to allay American fears and prevent the passage of retaliatory legis­ lation by Congress, Hammond person­ ally delivered the above letter to T J and sought to convince him that Grenville's declaration pertained only to trade with Guernsey and Jersey. After reading this letter, Hammond subsequently reported to Grenville, T J 'Informed me that, although the frauds in the importation of tobacco, were the sole grounds assigned for this determination of the British Gov­ ernment, yet the terms of the Clause, intended to be inforced, were so gen­ eral and comprehensive as to inspire the Merchants with doubts of the expediency of transporting any commodities whatso­ ever to Great Britain in American Vessels. He added, that, if I conceived it to be really the intention of my government to

1792

carry this clause into execution, to the rigorous extent implied, it might proba­ bly become the duty of this government immediately to adopt the most efficacious measures, as well for the purpose of pro­ tecting its own citizens, as of retaliation." Hammond thereupon told T J of his per­ sonal belief that the British government had no intention of enforcing the clause broadly because the declaration's specific reference to tobacco implied a concern only with the numerous frauds commit­ ted by American vessels shipping into the islands of Jersey and Guernsey. More­ over, he believed that tobacco might con­ tinue to be imported as previously per­ mitted by the December 1783 order in council, which order had the effect of sus­ pending the Navigation Act (Hammond to Grenville, 14 Apr. 1792, P R O : F O 4/14, D L C photostat). T h e British minister's personal inter­ vention with T J achieved its intended goal. T J , who had in fact known for months of British efforts to prohibit for­ eign trade with Guernsey and Jersey, readily accepted Hammond's interpreta­ tion of Grenville's letter. But to avoid any misunderstandings that might be disad­ vantageous to American commerce, T J asked Hammond to provide him with a written statement explaining that the British foreign secretary's announcement related only to the two Channel Islands and to authorize its release to the Ameri­ can public. Hammond immediately agreed on both counts, fearing that a refusal "would have occasioned an almost gen­ eral failure of all the spring exporta­ tions from this country, and of the con­ sequent summer importations from E n g ­ land, and would have probably impelled the legislature of the United States to establish such a system of restrictions, as would have proved essentially injurious to the commerce of Great Britain, and have thrown almost insuperable impedi­ ments in the way of any future commer­ cial connexion between the two Coun­ tries" (same). Washington submitted the resulting exchange of letters to Congress on 13 Apr. 1792 and it was subsequently published in various American newspa­ pers, thereby preventing a serious crisis in Anglo-American diplomacy. Grenville

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later congratulated Hammond for cor­ rectly interpreting the intent of his cir­ cular letter ( T J to Hammond, 12, 13 Apr. 1792; Hammond to T J , 12, 13 Apr.

1792

1792; T J to Washington, 13 Apr. 1792; Grenville to Hammond, 8 June 1792, Mayo, British Ministers, p. 30; see also Joshua Johnson to T J , 10 Aug. 1791).

From Daniel L. Hylton DEAR SIR Richmond James River Virginia Api. 11. 1792 I wou'd have wrote you before this, but have been waiting on Mr. Banks who had kept me in a state of suspence until yesterday respecting the sale of your land at Elkhill, and have now got his final answer. The highest he offers is £ 1 5 0 0 payable agreeable to your advertisement in four instalments. You will therefore on the receipt of this say if this price meets your approbation, as he informs me, he has another tract in view, if he does not agree with you. T w o days past 43 hhds tobacco of your crop arriv'd at the landing and have employed waggons to cart it to the warehouse ready to be shipt agreeable to your directions. I have thought it adviseable to have a few hhds. examined as there has been much wet weather on its passage and from what I have seen, think you may venture to recommend it as the first quality. As I have business that calls me to Baltimore I mean to take the next stage after this and probably may go on farther North, however this is rather uncertain. I return you many thanks for the trouble you have taken to get my daughter accomodated with a seat in your friends carriage and cou'd so favourable one as Mr. Pages be obtain'd with out the smallest inconvenience to him and his lady, I should be happy in so agreeable an opportunity. Under neath I send you the Account of what tobacco was shipt of your last years crop. Every happiness attend you is the sincere wish of Your sincere Frd & St, DANL L HYLTON 13 4 22 2

Hhds shipt on board the Union Capt Toulson do by the Thomas Capt Stratton do. by do. June 16. do. by do taken from Balls who are at Manchester. No account or bill of Lading given 2 do by do shipt last month say March 1792

43. Hhds R C (MHi); endorsed by T J as received 20 Apr. 1792 and so recorded in S J L .

[399]

From Thomas Johnson SIR George Town 11 April 1792. I have taken so much of my time since I have been here as the Weather and my Strength would well permit to examine the Ground in the Water level Line from the Canal at the Little Falls to George Town.—I have seen all that is said to be any way difficult in it and I think there are no fifty perches in it which may not certainly be effected for sixteen Dollars a perch in any one Place. In general it may be done for half the Money I think less the whole Distance to Geo. Town I am informed is not more than 800 ps. a great deal of it is as favorable as can be wished. It may be continued thro' George Town unless the Line should interfere with Improvements or Ill-humors on very good Terms. There can be no Objection I conceive from a Supposition that the Filth of the City would be kept floating up and down. I don't know how the Current may be in and so low down as the Eastern Branch, here although the Water swells I am told it never runs upwards. Of Course there being a strong Ebb every thing floated will be swept away. I have thought it a lucky Circumstance for the Cleanliness of the City nor can I think the procuring the same Body of Water or rather a less at the little Falls or below will make any Difference. It can only move to a level.—I am Sr. Your mo obedt. hble Servt., T H . JOHNSON R C ( D L C ) ; endorsed by T J as received 17 Apr. 1792 and so recorded in S J L .

From James Monroe D E A R SIR April 11. Senate chamber Be so kind as inform me whether in consequence of our conversa­ tion respecting the nominations for command of, and inferior appoint­ ments in the army, there is any executive calculation on my conduct. An opposition will probably be made to the Commander, but most certainly if there is in the most distant degree, I shall not join in it, especially as tis possible (as it has been hinted by King viz the oppo­ sition) it may not bring forward if successful a more suitable person. JAS. M O N R O E . R C ( D L C ) ; endorsed by T J as received 11 Apr. 1792 and so recorded in S J L . Monroe obviously wrote this letter

before the Senate this day approved Anthony Wayne's nomination as comman­ der of the recently reorganized American army without a roll call vote ( J E P , I , 119).

[400]

To James Monroe M Y DEAR SIR

Philadelphia Apr. 11. 1792.

I think I told you at the time I spoke to you on the nomination that the President had desired me to enquire if there would be any opposition to Wayne. I told him that you were of opinion there would be none, that you had not thought of making any yourself, for that tho' you did not like the appointment, yet you knew the difficulty of finding one which would be without objections. I take for granted this weighed with the President, because he had said he would not appoint one to whom he could foresee any material opposition. The only persons in the nomination, who were then mentioned, were Wayne, Morgan and Wilkinson; consequently my information could not have been understood as going to any others.—Your's affectionately,

TH: JEFFERSON

PrC (DLC); at foot of text: "Colo. Monroe."

From Henry Remsen DEAR SIR

New York April 11th. 1792

When I returned here the last time from Philadelphia I heard there was a pamphlet handed about in private circles, wherein you was spoken of with great indecency; and I made many attempts to see it, and to procure a copy to send to you, but in vain. I have just now been able to obtain it, and I take the liberty to enclose it. The difficulties among those who dealt in stocks, or endorsed notes (some from friendly and others from interested motives) for dealers in stocks, have been daily encreasing; and from the connection there was between the dealers, and the dépendance of one on another, no time can be fixed for their determination. On the contrary, facts hourly occurring warrant the expectation, that those difficulties will continue to encrease, and only end in the bankruptcy of 9/10ths. of them. Mr. McComb, with a fortune of £ 6 0 , 0 0 0 he brought with him to this City a few years ago and which he had considerably augmented since, and with a valuable ship and cargo just arrived from India, has not been able to fulfil his engagements, and has of course failed. Many others in independent situations have experienced the like fate, and I can safely add that -J- of the citizens are affected by these failures. The certificate, Sir, you were pleased to promise me on my departure, I beg the favour of your enclosing to me; and I take the liberty [401]

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of assuring you of my readiness at all times and on all occasions to execute any of your commissions here.—I have the honor to be with sentiments of the most grateful and respectful attachment Dear Sir your obliged & obedient Servt., HENRY REMSEN P.S. Col. Walker, the agent for the 6 pr. Cent club or company (composed of Duer, Walter Livingston, McComb, Whippo &c. &c.) has just declared publicly, that the company has not more property or stock in possession to fulfil it's engagements, than will pay of those engagements 1/ on 20/. R C ( D L C ) ; endorsed by T J as received 13 Apr. 1792 and so recorded in S J L . The enclosed PAMPHLET—"Massa­ chusettensis," Strictures and Observations upon the Three Executive Departments of the Government of the United States . . . ([Philadelphia], 1792)—has the distinc­ tion of being the first pamphlet attack on T J written from an ostensibly Feder­ alist point of view. The author lavishly praised the financial policies of the Sec­ retary of the Treasury while sharply crit­ icizing the performance of T J as Secre­ tary of State and of Henry Knox as Sec­ retary of War. He charged that TJ's policy of fostering closer ties with France while threatening commercial retaliation against Great Britain was contrary to the national interest in general and the economic inter­ ests of American merchants in particular. He maintained that T J had harmed the American consular service by recommend­ ing a long list of unsuitable nominees for consular appointments. He alleged that T J had been primarily responsible for the appointments of the unfit Thomas Pinckney as minister to Great Britain and Gouverneur Morris as minister to France. "Massachusettensis" concluded his dia­ tribe against T J by recommending that he give way to an abler man and retire to the philosophical tranquillity of Monticello (Strictures and Observations, p. 925). Another Federalist attack made pri­ vately at about the same time may be seen in Anonymous to Washington, D L C : Washington Papers; undated but endorsed by Washington: "Anonymous reed, the latter end of March 1792"; see also note to Memorandum on Meeting with Senate Committee, 4 Jan. 1792.

The effort to identify "Massachu­ settensis" has given rise to various conjectures. T J stated that he was aware of the identity of this critic, but he never revealed the name of the person in ques­ tion ( T J to Remsen, 14 Apr. 1792). Remsen reported that Fisher Ames was rumored to be the author of Strictures and Observations, but this is clearly impos­ sible because Ames was a strong sup­ porter of Secretary of War Knox (Rem­ sen to T J , 23 Apr. 1792; Winfred E . A. Bernhard, Fisher Ames: Federalist and Statesman 1758-1808 [Chapel Hill, N . C . , 1965], p. 194-5). Joseph Sabin attributed the pamphlet to Daniel Leonard, a Massa­ chusetts Loyalist who had employed the pseudonym of "Massachusettensis" in an exchange with John Adams during the American Revolution, but this attribution must also be rejected because at this time Leonard was a jurist and councillor in Bermuda with no discernible interest in domestic American politics (Sabin, No. 92828; Sibley-Shipton, Harvard Grad­ uates, X I V , 640-8). Malone, Jefferson, n, 444, simply but plausibly described "Massachusettensis" as an independent Hamiltonian from New England. In real­ ity, the author of Strictures and Observa­ tions appears to have been Sir John Tem­ ple, the Massachusetts-born British con­ sul general in the United States. George Hammond reported that a friend of a New England senator of his acquaintance saw a manuscript copy of this pamphlet "in Sir John Temple's hand-writing" before it went to press (Hammond to Phineas Bond, 13 May 1792, P R O : F O 95/502). The striking similarities between the crit­ icisms of T J ' s hostility to Great Britain in Temple's reports to his superiors in

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London and those contained in Strictures and Observations also lend substance to the view that Temple and "Massachusettensis" were one and the same (see Temple to Leeds, 19 Mch., 23 May 1791, PRO: FO 4/9, 4/10). Thus Strictures and Obser­ vations must no longer be seen as simply the first pamphlet attack on T J from a

1792

Federalist standpoint, but also as a bold effort by an agent of the British govern­ ment to affect the course of American for­ eign policy by encouraging the removal of the member of the Washington adminis­ tration he regarded as the one most hostile to British interests.

To the Senators and Representatives of Virginia Apr. 11. 1 7 9 2 . It is alledged that in some of the Southern states, there does not exist a single instance of the recovery of a British debt in their courts, though so many years have expired since the establishment of peace between the two countries. Again it is said that 'the few attempts to recover British debts in the county courts of Virginia have universally failed, and these are the courts wherein from the smallness of the sum, a considerable number of debts can only be recovered.' And again that 'in the same state the county courts (which alone can take cognisance of debts of a limited amount) have uniformly rejected all suits instituted for the recovery of sums due to the subjects of the crown of Gr. Britain.' The Secretary of state asks the favor of such of the Senators and representatives of the state of Virginia as have knowlege of the mat­ ters above alledged, to furnish him with such information general or particular, as they can give with certainty. RC (James Monroe Law Office, Fred­ ericksburg, Va.); without salutation or signature; addressed: "The Senators and Representatives of Virginia." PrC (DLC). Dft (DLC); consisting of thefirstand final paragraphs only; at foot of text in TJ's hand: "A copy of the above for Maryland, North Carolina, South Carolina, Georgia.

Immediately." Not recorded in S J L or

SJPL. TJ's letter was part of his effort to gather material for a rebuttal of George Hammond's 5 Mch. 1792 letter, from which the above quotations were taken.

[403]

To George Washington Thursday Apr. 11. 1792 T h : Jefferson has the honor to send for the perusal of the President some letters from Mr. Barclay received yesterday. He has received no letters from Mr. Short, nor any other person in France. R C ( D N A : R G 59, M L R ) ; addressed: "The President of the U . States"; endorsed by Lear. T r ( D N A : R G 59, S D C ) . Not recorded in S J L or S J P L .

Enclosures: Thomas Barclay to T J , 16 Jan. and 23 and 24 Feb. 1792, all recorded in S J L as received 10 Apr. 1792.

From William Duval D E A R SIR Richmond April the 12th. 1792. Your friendly Disposition towards your Countrymen and Mankind in general encourages me, with the aid of my Friend and neighbour Daniel L . Hylton Esqr., to request a Favour, which I trust will not be improper to grant me. I have several Tracts of Land lying in Virginia in a salutary Part of it and of good Quality; Part of which I wish to sell in France on moderate Terms and will warrant the Title; Other Lands particularly a considerable Tract near Richmond, I wish to lease in small Quanti­ ties, Viz from 25 to 50 Acre Lots for a Term of 15 years to honest industrious Farmers in France. Part of my Object is to sell some l^nd in France and to purchase such Goods as will answer our Market here, and to carry on a safe and Moderate Trade with that Nation and to supply them annually with about 300 hhds of Tobacco. Mr. John Greenhow of this City is the Person I have fixed on to vend the Articles and to make remittances; he is a Man of great Prudence and Caution. As I am a Stranger, it would lay me under great Obligations to mention such Person or Persons in Bordeaux or Paris, that I might safely trust to sell my Lands or to make Leases in my name, and to write to them if you please respecting my Character and Situation in Life, not in any manner to make yourself responsible but to enable me to dispose of my Lands or to lease them. I have been told that the People in France have been imposed on by some unworthy Characters in America. My great Wish is to encourage Emigrations to this Coun­ try on Terms satisfactory to them and just and honorable as to myself and to remove those Doubts and Fears which have from Imposition checked their Setling in Virginia. My fixed Determination is to act with Candour and Moderation. I [404]

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shall send my Title Papers with the Seal of this State affixed to them, but without your friendly Aid I may place them in improper Hands, who may abuse both the People of France and myself.—I am Sir with the highest respect Yr Mo. Obt. Servt., WILLIAM D U V A L R C ( D L C ) ; endorsed by T J as received 22 Apr. 1792 and so recorded in S J L .

From W. Barry Grove SIR Philadela. Apr. 12th. 1792 I am not sufficiently acquainted with the facts and circumstances attending the case of Bayard v Singleton to afford any conclusive infor­ mation relative to the transactions, or the principles of the Decision; I believe Mr. Johnson was engaged in the cause and will I presume give you the information required on the Subject. In answer to your other Note, I can only say that I do not recollect any instance of our Courts refusing judgment for British debts: The Treaty of Peace has long since been declared the Law of the State by an express act of Assembly; Having always lived in a commercial Town, where many British Merchants resided before the War some of those left the Country at the commencement of the revolution and took with them their Books, Bonds &c. These have since been returned, and I am acquainted with many individuals who have paid those debts, and others who renew those Bonds & c ; this last plan seems to have been the one fallen on generally. I am further induced to remark a reason perhaps why more of the old debts have not been recovered in the Courts. The Currency of No. Carolina was made a tender, and the Creditors rather prefered indulgence than recieve that kind of money. There are some Debtors I apprehend who paid the amt. of their Bonds &c. into the Treasury of No. Carolina during the War under an act of Assembly. These Men will possibly avail themselves of that Law to evade further payments. I am Sir your very Hum Sevt, W. B A R R Y G R O V E R C ( D L C ) . Not recorded in S J L or SJPL. Grove's reference to Y O U R O T H E R N O T E indicates that he had received two notes from TJ—one inquiring about the case of Bayard v. Singleton and the other about the payment of British debts. The for­ mer, which has not been found and is not recorded in S J L , was also sent to

the other members of the North Carolina House and Senate delegations (Nathaniel Macon to T J , 12 Apr. 1792; Benjamin Hawkins and Samuel Johnston to T J , 12, 13 Apr. 1792). T h e latter is the circu­ lar letter to Southern representatives and senators described in the note to T J to Virginia Senators and Representatives, 11 Apr. 1792.

[405]

To George Hammond SIR Philadelphia Apr. 12. 1792. I am this moment favored with the letter you did me the honor of writing yesterday, covering the extract of a British statute forbidding the admission of foreign vessels into any ports of the British dominions with goods or commodities of the growth production or manufacture of America. The effect of this appears to me so extensive as to induce a doubt whether I understand rightly the determination to inforce it, which you notify, and to oblige me to ask of you whether we are to consider it as so far a revocation of the Proclamation of your government regulating the commerce between the two countries, and that henceforth no articles of the growth, production or manufacture of the United States are to be received in the ports of Great Britain or Ireland, in vessels belonging to the citizens of the United States?— I have the honor to be with sentiments of the most perfect esteem & respect, Sir, Your most obedient & most humble servt, TH: JEFFERSON P r C ( D L C ) ; at foot of text: "The Minister Plenipy. of Great Britain."

From George Hammond SIR Philadelphia 12th. April 1792 In answer to your letter of this day, I have the honor of observing that I have no other instructions upon the subject of my communica­ tion than such as are contained in the circular dispatch, of which I stated the purport in my letter dated yesterday. I have however no difficulty in assuring you, that the result of my personal conviction is, that the determination of his Majesty's government to inforce the clause of the Act of Navigation (a copy of which I transmitted to you) with respect to the importation of commodities in foreign vessels, has originated in consequence of the many frauds, that have taken place in the importation of Tobacco into his Majesty's dominions in foreign vessels, and is not intended to militate against the Proclamation or Order of the King in Council, regulating the commercial intercourse between Great Britain and the United States, which, I have every reason to believe, still exists in full force, as I have not had the most distant intimation of its being revoked.—I have the honor to be with the most perfect esteem and consideration, Sir, your most obedient humble Servant, G E O . HAMMOND. [406]

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1792

R C ( D N A : R G 59, N L ) ; endorsed by T J : "Jersey & Guernsey"; also endorsed as received 12 Apr. 1792 but not recorded in S J L or S J P L . T r (same). P r C ( D L C ) ; in hand of George Taylor.

From Benjamin Hawkins SIR Mrs. Houses 12 of April 1792 Crawford McLintock & Co. of Glasgow had a store in Warren County, before the revolution, near the place of my residence, and there was some money due them for merchandize sold there. Mr. Robert Turnbull of Petersburg has collected, or secured to be collect­ ed, a considerable part, if not the whole, of the debts. I know that he collected, or secured to be collected, more than one hundred pounds from One gentleman. I have not heared of any suit in that part of the State brought by a British creditor, But I have heared in several instances, that the people indebted, have renewed their obligations, to their creditors, since the termination of the war, on terms mutually agreed upon. You will have an opportunity to see all the confiscation Laws of North Carolina in the revised code published under the direction of James Iredell. The vague terms used in the treaty to discribe the persons attached to great Britain, and that of Real British subjects has been productive in that State of some doubtful interpretations of the treaty. But the Treaty by a Law passed at Tarborough before the adoption of the present Constitution of the U . S . was declared to be a part of the Law of the Land," and I imagine it has been taken notice of accordingly by the Judges. I know nothing of the case you mention Bayard vs Singleton. But if Mr. Bayard in right of himself, or what I conjecture in right of his wife holding property from her father, brought the suit, They were neither of them real British Subjects; If by that expression is meant persons born in and resident in Great Britain, They were both natives of America and Mr. Cornell the father was banished by name and his property Confiscated. Mr. Grove informed me he knew of some instances wherein British creditors had moved in the courts in the port of the State where he lived. He could not particularise, But he said he thinks one suit was against Mr. James Hog as Executor to his brother.—I have the honor to be very sincerely Dear Sir your most obt servt., u

BENJAMIN HAWKINS

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R C ( D L C ) ; endorsed by T J as received 12 Apr. 1792 and so recorded in S J L ; also endorsed by T J in pencil: "Useless," an indication that he could find no use for this information in his rebuttal to George

1792

Hammond's 5 Mch. 1792 letter. REVISED CODE: James Iredell, Laws of the State of North-Carolina (Edenton, N . C . , 1791). See Sowerby, No. 2165.

To Nicholas Lewis D E A R SIR Philadelphia Apr. 12. 1792. Unremitting business must be my apology, as it is really the true one, for my having been longer without writing to you than my affec­ tions dictated. I am never a day without wishing myself with you, and more and more as the fine sun shine comes on, which seems made for all the world but me. Congress will rise about the 21st. They have past the Representation bill at one for 33,000. which gives to Virginia 19. members. They have voted an army of 5000. men, and the President has given the command to Wayne, with 4. brigadiers, to wit Morgan, Brooks, Willet, and Wilkinson. Congress is now engaged on the ways and means of raising money to pay this army. A further assumption of state debts has been proposed by the Secretary of the Treasury, which has been rejected by a small majority: but the chickens of the treasury have so many contrivances and are so indefatigable within doors and without, that we all fear they will get it in yet some way or other. As the doctrine is that a public debt is a public blessing, so they think a perpetual one is a perpetual blessing, and therefore wish to make it so large as that we can never pay it off. I must ask the favor of you to send the bonds taken at my sale, to Mr. Eppes, who will deliver them to Hanson, and take a proper receipt, so as to clear me of the paiments of July next and July twelvemonth. I imagine Mr. Randolph may be going to Richmond soon, in which case he can take charge of them so far, and find safe means of sending them over to Mr. Eppes. Should he not be going soon, then I must ask you to send them by such other safe means as can be procured. In every case I shall be obliged to you to keep a copy of one of the bonds, and a list of the whole, naming the sums, times of paiment, purchaser, security and the negroes for which each bond was given. I have written to Mr. Randolph on the subject of contriving the bonds to Mr. Eppes.—I am not certain whether I gave you power to dispose of Mary according to her desire to Colo. Bell, with such of her younger children as she chose. If I did not, I now do it, and will thank you to settle the price as you think best. The 1st. day of July in every year being near my days of payment, his might be fixed to that day of [408]

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the present year and the next, just as you can agree. The bonds to be sent in like manner to Hanson. Be pleased to present my affectionate respects to Mrs. Lewis, and to accept yourself assurances of the sincere esteem with which I am Dear Sir Your friend & servt, TH:

X,

P r C ( D L C ) . For information on Hamilton's 541-50, xi, 441; and A N N A L S , H I , 534-5.

ASSUMPTION

JEFFERSON

plan, see Syrett, Hamilton,

From Adam Lindsay D E A R SIR Norfolk 12th. April 1792. By this time you must think me a very dillitory correspondent.— But unforeseen accidents must plead my excuse.—First the winter set in so severe that it put an entire Stop to the egress and regress of our country people (who by the bye have no Idea of contending against the Elements) so that no produce was brought to market. This raised the value of some articles.—Among those was myrtle wax and to a price that the wax only was 40 pr Cent higher than I before gave for Candles. This induced me to wait the fall of the market, which has not been less as yet.—Respecting the Cyder I found none to my entire liking (but after purchasing two barrels (the best to be got) it has been on hand one month for want of a Conveyance; here I hope you will not mistake my meaning.—There has been a number of vessels from this port to Philadelphia, but they had taken on their cargoes of Grain &c. up the different Rivers and did not clear out at this port.—As such I could not put it on board such vessels unless I would pay for their entrance or clearance once, which was of nearly equal value to the produce intended to be Shipped. I do not mean from this observation to insinuate that the coasting Act is wrong, or the officers go beyond their duty, but I cannot help thinking there must be a mistake somewhere.—But Sir I hope this will not deter you from laying your commands on me in future. I may be more fortunate in executing them another time. The Cyder is now on board the Sloop Captn. Tatem who will deliver it, and on its arrival (if then fit for use) I would recommend you to get one of the wine coopers to colour, fine and bottle it immediately. It will add Greatly to its beauty to have it a little coloured—so much for Business. I shall now Sir take the liberty to give you our little domestic intelligence. The town (as I observed before) rises fast and our trade is Great as You will see by the receipts in the customhouse. [409]

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This week there has been a meeting of the President and directors of the Canal. The subscription is full and the first payment made. An enginier is engaged and they mean to purchase negroes for the work, so that by the fall we hope to make a good beginning.—Our Amusement at present is the Theatre and such has been the rage that a Subscription was effected in an hour for the Building of an elegant Brick one. Our latest accounts from Europe brings intelligence to the 15 february.—France seems alarmed at the combinations around her and the English papers would hint that overtures have been made for a treaty offensive and defensive with England. Should I receive any late papers by the Spring Ships will forward you some. I remain with much respect Dear Sir your mo: hble St. ADAM LINDSAY

Enclosed is bill for the Candles and Cyders. 14th. April.—We have just received from N . York Sir John Temple's Explanation of the order of his Court. It has thrown the trading part of the community into great consternation, and even the british Subjects are exasperated at the conduct of the court.—We are all anxiety to hear what effect it will have with our government! RC

( D L C ) ; addressed; postmarked: Api 16"; endorsed by T J as received 25 Apr. 1792 and so recorded in SJL. "RICHMOND

For information on Sir John Temple's of the British government's declaration regarding enforcement of the 1660 Navigation Act, see note at George Hammond to T J , 11 Apr. 1792. EXPLANATION

From Nathaniel Macon SIR April 12th 1792 I have been favored with the sight of your two notes of yesterday. As to the case of Bayard and Singleton, I am not sufficiently acquainted with the facts, to give information on the subject. I do not recollect that any suit has been commenced in the courts of North Carolina, where I am acquainted, since the peace by British Subjects or persons who attached themselves to the British arms during the late war. It may not be improper to observe that I believe some of the debts have been paid into the treasury of North Carolina under the law of that State which confiscated debts as well as real property. Many of the debts have been paid to persons employed by the creditors to collect since the peace and for others new bonds have been given, on some of [410]

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these recoveries have been had in court in favor of the plaintiff. I am Sir with great respect yr. most Obt. sert., N A T H L MACON RC (DLC); endorsed by T J as received 12 Apr. 1792 and so recorded in S J L .

To Thomas Mann Randolph, Jr. DEAR SIR

Philadelphia Apr. 12.

1792.

Your favor of Mar. 18. came duly to hand, and your request with respect to Dr. Barton was immediately complied with as you will see by the inclosed receipt.—A term of payment to Hanson now approach­ ing, I have written to Colo N . Lewis to ask the favor of him to send the bonds taken at my sale to Mr. Eppes, who will deliver them to Hanson and take a proper receipt. Should you be going to Richmond soon, I have taken the liberty of asking Mr. Lewis to put them into your hands for transportation so far, in hopes you could find or make some conveyance from thence to Eppington, the papers being of too much importance to trust by any but sure means. If you should not be going down soon Mr. Lewis will send them express.—I troubled you to write to Clark to hurry down my Bedford tobo. A letter of Mar. 23. from Mr. Hylton informs me there was none of it come to the warehouse at that time. As the season is slipping by, I am under great anxiety on this account, as I shall be peculiarly embarrassed, I may say nonplused if some of it does not arrive here ere long. If you can still ensure Clarke's getting the whole off, even by sending an express to him ( T . Shackleford for instance) it will render me essential service.— Congress will rise the last of next week. Colo. Monroe sets out imme­ diately after. I must refer you to Mr. Lewis for other news. I hope to hear your researches into the Opossum have been in time this year. Give my love to my dear Martha, and embrace little Anne for me. I am my dear Sir your's affectionately, T H : JEFFERSON RC (DLC); addressed: "Thomas Mann Randolph junr. esq. Monticello"; franked by T J but not postmarked. PrC (CSmH).

From John Steele [12 Apr. 1792] I have considered the subject matter of your enquiries, and have nothing further to communicate, than what my colleague has stated SIR

[411]

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in the foregoing letter. Many instances of the renewal of bonds, and giving bonds for old book debts due to Brittish subjects which were barr'd by limitation, are within my knowledge.—I have the honor to be Sir Your huml. Servant, JNO. STEELE R C ( D L C ) ; addressed: "The Honble M r . Jefferson"; endorsed by T J : "Groves—Steele, John"; also endorsed as received 12 Apr. 1792 and so recorded in S J L . T h e "foregoing" letter by Steele's

colleague was that of W. Barry Grove, 12 Apr. 1792, as proved by the endorse­ ment, which thus establishes the date of the above.

From Edward Church SIR Bordeaux 13th April 1792 By a letter rec'd early in January last from my esteemed friend Mr. Wingate, dated 15th November, I was informed of the arrival of my letters to his Excellency the President of the United States, and to your Honor, upon the subject of the disagreeable situation in which my appointment to Bilboa had unfortunately placed me and my family. I can easily conceive that the more important publick concerns of America may have hitherto excluded all attention to affairs of less moment, yet I would hope, if nothing has yet been done for my relief, that my particular critical situation will not only justify a repetition of my request to you, but that you will be pleased again to mention my name, and singular case, to his Excellency, when he is least occupied with publick affairs. With regard to the subject on which I had the honor to write you in December and January last, present appearances seem greatly to corroborate the opinion which I then affirmed of the practicability of liquidating the debt due from the U . S . to France, greatly to the interest of the former, and equally to the satisfaction and advantage of the latter. Since my last on the subject, assignats have fallen to 15d. sterling for 3 i.e. 5d. sterling ^ Livre, since which they have lately appreciated 20 to 25 * Cent, say 18d a 19.£d for 3 . or 6d. to 6 | d . sterlg. ¥ Livre. Various causes have been assigned for this sudden and unexpected rise of assignats, which do not appear of sufficient weight to trouble you with the repetition. Nothing has yet been offered that leads me to think they will continue to rise. On the contrary, I am persuaded that their late rise is merely the effect of some violent, and unnatural measure or exertion of Government, and therefore that it cannot last. It is true that the sufficiency, and immutable stability of the security pledged for the payment, or redemption of the assignats, tt

H

[412]

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seem lately to have been fairly stated, and fully proved, and their equal value when compared with what they represent, strongly urged in the national assembly and the idea of paying, or receiving them, at any other rate than the full value of so many livres in silver as are expressed in the face of the assignat, has also been warmly, and unanimously reprobated in the assembly; yet while the sense of the mercantile part of the nation runs counter to this opinion, however just, or well founded, it cannot fail to injure the credit of the assignats: I am more and more confirmed in the opinion that their foundation is good, and though their value may fluctuate in consequence of the present instability of the times, and prospects, yet that their ultimate establishment at par is morally certain, and that assignats will ere long open a new, and an immense field for Speculators. What I have taken the liberty to offer on the subject of the debt of the U . S . I considered a duty which I owed my Country, if therefore I have erred, it will I hope be classed among the venial errours.—I lately wrote to my Friend Mr. Wingate, and mentioned two vacant Consulates, Lisbon and Cadiz, which I requested him to mention to the President, and to You; I informed him that I shou'd prefer the former, if I might be permitted to choose, but at the same time observed, that I was not in a situation to be nice, or difficult, but shou'd gratefully accept either.—I beg to make the tender of my services in any way wherein I can be made an useful instrument, and to subscribe myself, with perfect esteem & respect, Sir your most humble and most obedient Servant, EDWD: C H U R C H

P.S. War is still the subject of general conversation, and expectation, and the sequestration of the Estates of the Princes, Nobles, and other Emigrants, proposed for the support of the War. RC (DNA: R G 59, CD); endorsed by T J as received 11 June 1792 and so recorded in SJL. Paine W I N G A T E was a Federalist senator from New Hampshire.

From Nathaniel Cutting SIR Cape Français St. Dom[in]gue April 13th. 1792. Since I did myself the honor of writing you under 1st. March ulto. I have been in daily expectation of quitting this City, and therefore discontinued that narration of public occurrencies which I have taken the liberty of transmitting you from hence, in the hope soon to have the pleasure of communicating it to you verbally; but finding it yet uncertain when I may have the gratification of paying you my personal [413]

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respects, I resume the pen, to acquaint you that several Transports arrived here in the course of the month of march, with Troops, military stores and provisions. The whole number of Troops actually arrived since the commencement of the Insurrection, which is now near eight months, is only about three thousand five hundred. I think these scarcely replace those Soldiers and Citizens who have been slain by the Insurgents, or who have fallen victims to the Sickness occasion'd by those fatigues incident to military exertions in this Climate. Before the newly arrived Troops are season'd, their numbers will probably be greatly diminished by sickness, which has already made considerable ravages among them.—In my opinion, an active Campaign of one month would destroy one half of them.—On the contrary the number of Insurgents daily increases, and they apparently act with greater ardour and obstinacy than in the early periods of the Revolt. It is but about three weeks since the Insurrection manifested itself throughout the Parishes of St. Jean Rabel and Mestique, near the Mole. The usual devastation follow'd.—The White party thus comparitively very weak in point of numbers, is still more enfeebled by moral than by physical causes. Those everlasting political dissentions which estrange the Colonists from the mother Country and from each other, pre­ vent any important exertion of the public Force against the common Depradators. Now and then a small detachment of Whites make a sud­ den excursion into the plantations, expend considerable quantities of amunition without doing much execution and give the insulting Rebels convincing proofs of weakness by as speedily retreating into some for­ tified Poste. While jealousy and insubordination pervade almost every description of men in the Colony, these inutile skirmishes will continue destructive to the Party which pursues such a vague warfare. The Civil Authority fears to cede too much to the Military, lest such cession should be drawn into precedent and become permanent. The Military is vex'd at the encroachments which the Civil power has lately attempted and at its interference in cases which fundamentally effect the disci­ pline of Armies. Individuals in both Departments differ from their Collegues—every individual would point out the mode of every pro­ ceeding and would insolently command on every occasion, but cannot stoop to obey on any. Cordiality seems to be banish'd from the Council and the Field and Universal Licence prevents all the good effects that might result even from Individual exertion properly directed. Toward the latter part of last month things were driven to that extremity between the Colonial Assembly and the General that it was thought some tragic scenes would inevitably ensue. While the General was in the midst of the Colonial Assembly endeavoring to [414]

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justify himself against sundry malignant charges, the Populace with­ out Doors, and even in the Gallery of the Assembly, with loud cries demanded his head.—Nothing less would apparently satisfy the san­ guinary, many-headed monster. It was near three o'clock in the morn­ ing before the tumult was so far appeased as that it was thought safe for the General to retire to his House, though surrounded and supported by 70 à 80 military officers. The expedient then adopted by the Assembly to restore tranquility, was arrogating to itself the sovereign authority by divesting the Governor General of his Com­ mand and ordering him sent immediately to France under a charge of High Crimes and Misdemeanors. The next day all the Commission'd Officers of the Troops of the Line station'd here waited on the General with their resignations which they requested him to sanc­ tion, and also begg'd permission to accompany him home. When an account of this transaction was laid before the Asembly, it seem'd to bring a majority of the members to their senses a little. On a retrospective view of their recent resolves they found that they had far exceeded the legitimate limits of their authority, and began to dread the ill consequences that might result to the Colony and to them individually from so daring an insult offer'd to the supreme executive of the nation. The still, small voice of Reason began to ele­ vate itself, and a deputation was dispatch'd to the Governor General, supplicating him to bury the late altercation in oblivion and to resume the reins of Government. A number of respectable Citizens join'd the circle of military officers who still surrounded the General and declared publicly that they would seek for and endeavour to bring to justice those dark designing Knaves who produced the recent effervescence in the Populace, and would particularly endeavour to discover those sanguinary villains who had the audacity to demand the General's head. It was not without much persuation that M . de Blanchelande was prevail'd on to comply with the requisition of the Asembly. He observed that as that Body had usurped the power of vacating the Government, it must be responsible for all consequences.—He wished rather to return to France and submit his conduct to the investiga­ tion of his superiors than continue here in the exercise of a precarious authority, where he is not only subject to be continually vext by the most flagrant instances of insubordination, but must either be in a continual state of warfare with the Colonial Assembly, or submit to the mortification of sanctioning encroachments on the legitimate pre­ rogatives of the Executive Power.—However, he at length yielded to the repeated instances of the Commissioners who addrest him on this occasion, and was escorted down to the Hall of the Assembly amidst 1

[415]

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the acclamations of a great number of sober Citizens, who were known, and who declared they would support him in the due exercise of all his functions. Since that day tollerably good order has prevaiPd. The General has assumed rather a higher tone with the Assembly; and in my conscience, to speak as a good common-wealth's man, I think him perfectly justifiable in it. The Colonial Assembly lately appointed some new Commissioners from that Body to the National Assembly of France, in order ver­ bally to plead the cause of the Colony and to endeavour to arrest the contagion of those specious opinions injurious to it which have been so industriously disseminated by some impolitic pretenders to philanthropy. Those Commissioners took their departure the week before last. The altercation between Messieurs the National Commis­ sioners and the Colonial Assembly had arisen to such a pitch that there did not appear the least probability that the object of their mis­ sion would be attained in any reasonable time. This, together with some personal insults, I suppose induced M . Mirbeck to abandon his pursuit and embark for France three or four days after the Colonial Commissioners.—M. St. Leger for months past has been visiting the different Parties at Port-au-Prince, Croix-des-Bouquets, Leogane, and is said to be now at St. Marc. His manoeuvres are not favorably view'd by the Colonists. M . Roume yet remains here; but I understand the Colonial Assembly refuses to hold any official communication with him; alledging that M . Mirbeck's departure for France abrogates in toto, the Commission under which he acted. The political Dictionary of those Gentlemen seems to give a definition of terms very different from that of St. Domingue, and the Partizans of both are tenacious of their respective interpretations. A majority of the Colonists are dis­ posed to dispute the extensive power which the Commissioners claim. When M . St. Leger was lately at Port-au-Prince, it seems he thought proper to exercise his dictatorial authority by giving partic­ ular directions to the principal officers of the Military Corps station'd there, which induced them to disobey the requisitions of the Pop­ ular Magistrates.—Thirty of the principal military officers have been sent round here in consequence, the Colonial Assembly have required the General to hold them under arrest and send them by the earliest opportunity to France there to take trial for their misdemeanors.— T w o days since the Governor General signified to the Assembly that he had come to a determination to take his departure immediately for France. The most respectable Citizens of the Cape, apprehensive that the worst consequences would result from the General's departure at this critical moment, exerted themselves to prevent it by the most loyal [416]

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representations to him and reitterated promises of their firmest sup­ port in the exercise of his legitimate authority. M . de Blanchelande, in consequence went this day to the Colonial Assembly, accompanied by a great number of the Citizens of the Cape, and made a manly and pointed address, wherein he represented how much his opperations had been cramped by the injudicious and illegal interference of the Assembly—exprest his hopes that in future it would confine itself within due bounds and endeavour to fulfil the purposes of its insti­ tution,—otherways he should be under the necessity of dissolving it, being assured of the support of a majority of the respectable Citizens of the Colony who had recently signified their determination to promote every measure which should be directed to the general good, however it might apparently interfere with their particular interest. I hope this spirited remonstrance, whereof I can only give you an imperfect sketch at present, will be attended with a good effect.—I have the honor to be, most respectfully, Sir, Your most obedt. very huml. Servt., NAT. CUTTING

RC (DNA: RG 59, MLR); endorsed have handed the letter. FC (MHi: Cutting by T J as received 1 May 1792 and so Papers); varies from RC in phraseology, recorded in SJL; also endorsed in pencil Text of letter printed in National Gazette, in his hand: "persons to andfromwhom 7 May 1792. not to be expressed," a directive intended for Philip Freneau to whom T J must "The General" in FC. 1

To George Hammond Apr. 13. 1792 The Secretary of state presents his compliments to Mr. Hammond, and incloses him the draught of a letter to the President of the U . S . which he has prepared to accompany Mr. Hammond's communication of the 11th. and letter of the 12th. The whole will probably be laid by the President before the legislature, and perhaps communicated to the public in order to let the merchants know that they need not suspend their shipments but to the islands of Jersey and Guernsey. Before sending the letter to the President the Secretary of state has chosen to communicate it to Mr. Hammond in a friendly way, being desirous to know whether it meets his approbation, or whether he would wish any alterations in it. PrC (DLC). Enclosure: TJ to Washington, this date. In keeping with the character of this note as being transmitted "in a friendly way," TJ did not causefilecopies of it to be retained among the official records of the department. {417]

From George Hammond Friday Morning [13 Apr. 1792] Mr. Hammond presents his most respectful Compliments to the Secretary of state, and has the honor of returning to him the draught of the letter to the President of the U . S . , the contents of which certainly meet his full approbation, and are an accurate exposition of his personal sentiments.—Mr. Hammond begs leave to assure the Secretary of State that he is perfectly sensible of this mark of his confidence, for which he returns his most grateful acknowledgments.—Mr. H . being rather indisposed, was in bed, when Mr. Jefferson's letter reached him which circumstance has prevented him from returning an earlier answer. RC (DNA: RG 59, NL); endorsed by T J as received 13 Apr. 1792 and so recorded in SJL. Tr (same).

From John Hylton D E A R SIR Richmond April the 13th. 1792. Being Inform'd that you are desirous to employ a Man to super intend your estate in this State, has promp me to write you a few Lines by my Friend Mr. Hylton acquainting you that I wou'd most chearfully undertake the management of your Business, on such terms as wou'd in all probability promote to your Interest. From the view that I have taken of Monticello and Shadwell, I am confident that there might be great Crops of wheat and all kinds of small grain made, to the greatest advantage which would improve those plantations in a few years by care and the greatest attention being paid to the moad of Farming altogether, which is my greatest Ambition to pursue. My anxiety is exceeding great to have it in my power to cultivate rich Soil, that I might be paid for the fatigues of mind which would always hang on my Spirits cou'd I not succeede in makeing great Crops so as to contribute to the Interest and satisfaction of those who should employ me. The Frounds of fortune hitherto by my haveing to favourable an opinion of mankind has injured me greatly respecting my Circumstances therefore being possess'd with a growing Family, and with these ties of Nature I am promp to fall on this moad to endeavour with every exertion in my power to make a living. If Providence spares me my Health, Industry and economy shall not be wanting on my part, to fulfill and accomplish any engagement that would determinate [418]

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to your interest and welfare. A few Lines wou'd contribute to the satisfaction of, Yr. Sincere Friend & hie. obt. Servt., JNO. H Y L T O N . R C (MHi); endorsed by T J as received 11 June 1792 and so recorded in S J L .

From Joshua Johnson SIR London 13 April 1792 The annexed is the Copy of a letter I had the honor to write you on the 6th. Idem by the brig Mary Captn. McKenzie, via Maryland, and to which I pray your reference.—Mr. G . Morris is still in London. I hear that he means to leave in a week or ten Days. I forward you all the Newspapers and a Pamphlet published on the Income and Expenditure of this Country; the News Papers will give a proper Idea of Occurrences in Europe, I need not therefore add any thing more on those Subjects from which it appears too evident that an European War will inevitably take place before Affairs can be arranged and settled: as yet we have not heard what Effect the Account of the Engagement between the English and French Frigate, and the Capture of the latter in the East Indies, has had on the National Assembly.—I do not see any regulations in the Consular Bill which had passed the Senate respecting the Entry and Clearance of American Ships, and their Seamen. This is however highly necessary, and the sooner the better. The rigid Conduct of the Custom, and Excise Officers, towards the American Captains, has been, and is a continual Complaint; sometime since I wrote the Commissioners of the Customs, and proposed to them to appoint a place to deposit all their Stores whilst in Port, and to be returned them on Clearance, which they rejected. As this must appear fair to every one, I cannot refrain from recommending that strictness should be observed by your Revenue officers towards the English Captains, who I am informed take out large Quantities of Liquors &ca. under the head of Stores, and dispose of them in the United States. Inclosed you have a Copy of my Letter to the Commissioners, and their Answer.—I am in hopes that Mr. Pinkney will appear soon, after which, and I have had an Interview with him, I will write you fully, in the mean time I am with Consideration, and Respect Sir Your most obedient and most Humble Servant, JOSHUA JOHNSON [419]

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R C ( D N A : R G 59, C D ) . Recorded in S J L as received 13 June 1792. Enclo­ sures: (1) Johnson to Commissioners of Customs, 9 Jan. 1792, recommend­ ing the allotment of "some place under his Majesty's entire Control to deposit all Stores belonging to the Ships of the United States over and above their actual Wants during their stay in Port" (same). (2) James Hume to Johnson, [?] Jan. 1792, stating that the Commissioners of Customs had rejected Johnson's recom­ mendation, "the Commissioners having

1792

one fixed and established Rule which attaches upon all Ships arriving from For­ eign Parts, in respect to their Stores" (same). (3) Johnson to T J , 6 Apr. 1792 (Dupl in same). The P A M P H L E T Johnson sent T J , the original text of which is now missing, was Robert Rayment, The Income and Expenditure of Great-Britain of the Last Seven Years, Examined and Stated (Lon­ don, 1791). See Sowerby, No. 2949.

From Samuel Johnston SIR Senate Chamber 13th. April 1792 I have heard of but few suits brought by British-Creditors, since the peace, for the recovery of Debts in the State of North Carolina, and never heard that any one had failed of a Recovery because he was a British Subject. In one instance where a Suit was instituted under my direction for the recovery of a Debt contracted in the year 1768 at which time the plaintiff returned to Great Britain and has been resident in London from that time, a recovery was had in the Superior Court at Edenton in April last, for the full value, nor was it any part of the defence that the Plaintiff was a British Subject, tho the fact was notorious. The parties were Alexander Elmsly agst. Stevens Lee's Exors. The case of Bayard against Singleton, as I recollect it, was this. Mr. Cornell the Father of Mrs. Bayard was a Merchant in the Town of Newbern in North Carolina. Sometime previous to the Declaration of Independence, he went to Europe, leaving his Family in Newbern and after that returned from Europe to New York, then a British Garrison. From New York he came to Newbern in a Flag of Truce; but the Assembly, then sitting, refused to permit him to come on shore unless he would take an Oath of Allegiance to the State; which he refused. While on board the Vessel in the Harbour of Newbern, he conveyed the whole of his Estate in North Carolina to his Children respectively, by several Deeds of Gift, which were duly proved and registered. Mr. Cornell then, with the permission of the Executive, removed his Wife and Children to New York. All Mr. Cornell's estate was afterwards declared to be confiscated by Act of Assembly, and all the property which Mr. Cornell had conveyed [to] his Children [420]

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was seized and sold by Commissioners appointed f[or] the Sale of confiscated Estates. Mr. Singleton became a purchaser [of] part of it under this Sale. One of Mr. Cornell's Daughters, who cl[aimed] that part under one of the abovementioned Conveyances, instituted an Ejectment for the Recovery of it and on tryal a verdict was given for the Defendant. I should have done myself the pleasure sooner to have answered your Queries, had I not part with your Notes immediately and did not get them back till this morning. I am Sir Your most Obedient Servant, SAML.

R C ( D N A : R G 59, M L R ) ; slightly mutilated, so that some words and parts of words are lost, being supplied from P r C ( D L C ) , the latter in Lambert's hand, with the following at head of text in T J ' s hand: "No. 54" (being item 54 appended to T J to Hammond, 29 May 1792). T r ( D N A : R G 59, S D R ) . Recorded in S J L as received 13 Apr. 1792. In the case of Bayard v. Single­ ton, William and Elizabeth Bayard had brought an action of ejectment to recover the New Bern property that had been confiscated from Samuel Cornell by the state of North Carolina under the terms of a 1779 act for the confiscation of Loy­ alist property and purchased by Single­ ton under the terms of another act passed in 1782 for the sale of confiscated lands. The Bayards alleged that they were the rightful owners of the property in ques­ tion because Cornell, a royal councillor who remained a British subject during the

JOHNSTON

War for Independence, had deeded it to Mrs. Bayard before the 1779 Confiscation Act was passed. But the North Carolina Supreme Court ruled in favor of Single­ ton in November 1787 on the grounds that Cornell's deed to Mrs. Bayard was invalid because at the time he executed it he was an alien enemy who had no right to own land in North Carolina. At the same time the court also declared that no alien could hold land in the state (Ba­ yard v. Singleton, Hugh T . Lefler, ed., North Carolina History Told by Contempo­ raries [Chapel Hill, N . C . , 1948], p. 1258; Summary of Bayard v. Singleton, n.d., enclosed in Phineas Bond to Leeds, 10 Nov. 1789, P R O : F O 4/7, f. 284-5; see also Richard O. DeMond, The Loyalists in North Carolina during the Revolution [Durham, N . C . , 1940], p. 170-3, 1889). Johnston neglected to inform T J that he had been a counsel for the plaintiffs in Bayard v. Singleton.

To George Washington SIR Philadelphia Apr. 13. 1792. I have the honor to lay before you a communication from Mr. Hammond Minister Plenipotentiary of his Britannic Majesty cover­ ing a clause of a statute of that country relative to it's commerce with this, and notifying a determination to carry it into execution henceforward.—Conceiving that the determination announced could not be really meant as extensively as the words import, I asked and received an explanation from the Minister, as expressed in the let­ ter and answer herein inclosed: and, on consideration of all circum1

[421]

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stances, I cannot but confide in the opinion expressed by him, that it's sole object is to exclude foreign vessels from the islands of Jersey and Guernsey. The want of proportion between the motives expressed and the measure, it's magnitude and consequences, total silence as to the Proclamation on which the intercourse between the two countries has hitherto hung, and of which, in this broad sense, it would be a revocation, and the recent manifestations of the disposition of that government to concur with this in mutual offices of friendship and good will, support his construction. The Minister moreover assured me verbally that he would immediately write to his court for an expla­ nation and in the mean time is of opinion that the usual intercourse of commerce between the two countries (Jersey and Guernsey excepted) need not be suspended.—I have the honor to be with sentiments of the most profound respect & attachment, Sir, your most obedient & most humble servant, TH: JEFFERSON R C ( D N A : R G 59, M L R ) ; addressed: "The President of the U.S."; endorsed by Lear. P r C ( D L C ) . Another P r C ( D L C ) ; in Taylor's hand, except for signature. T r ( D N A : R G 59, S D C ) . Entry in S J P L reads: "Presidt. U . S . same subject [Statute excluding American commerce in foreign vessels]." On this day Washington submitted T J ' s letter and enclosures to the House and Senate, together with a cover­ ing message drafted by T J that reads as follows: " I have thought it proper to lay before you a communication of the 11th.

instant from the Minister Plenipotentiary of Great Britain, to the Secretary of State relative to the commerce of the two Coun­ tries, together with their explanatory cor­ respondence, and the Secretary of State's letter to me on the subject" ( P r C in D L C ; in clerk's hand; T r in D L C : Washington Papers; entry in S J P L reads: "[Draughts of messages to Senate] on Hammond's communication as to navigation act"). 1

Preceding margin.

two

words

added

in

From the Commissioners of the Federal District SIR George Town 14th. April 1792 We are just closing our business this Evening, so that we may seperate in the Morning. Nothing very particular has happened in the course of this meeting. Your Letter of the 9th Instant has again brought under our con­ sideration the business of Mr. Ciracchi, and on every view of it, we cannot bring ourselves to depart from the sentiments communicated in our last. We have hitherto been anxious to get things in order for a public Sale of Lots in the Summer: if the Loan is filled up we think it will be [422]

14

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1792

well to depart from that Idea, advertizing that the state of our funds makes a public sale unnecessary though to promote improvement the Commissioners will treat the first day of every month, if not on a Sunday, and if it happens on a Sunday, the next Day, with purchasers, under condition of Improvement. It is with reluctance we at any time trouble the President: the reason for our submitting the Bridge contract to him and making it conditional was because the expenditure, tho' highly necessary, will be without the Limits of the City—and because the time of suspension could not at all delay the Operation. We shall wait for the Plans with impatience. Before they are approved, we do not wish to be too deeply officered. Perhaps the Draftsman of one or both may be desirous of conducting the execution, and if proper in other Respects, we should wish to engage him. Our delicacy on this head when Majr. L'Enfant was expected to be Super­ intendant has led to the embarrassment and Delay we now suffer. We have had many applications for more Employments without work than we had ever thought of. At present we have a Captn. Williams, who has given us much Satisfaction by his activity and attention in the lit­ tle we have to do, and Mr. Herbaugh who is a modest well tempered man, seems equally disposed and able to be very useful to us. Perhaps when the plans are agreed on, we may be able to get both foundations as well and soon done, with very little additional assistance as with all that may be necessary in a more advanced state of the work.—By accident a prospect has opened of getting a sufficient number of Stone­ cutters from New York. We are Sir with the greatest Respect your mo Obt hum Servts,

T H JOHNSON DD.

STUART

DANL. CARROLL RC (DLC); in clerk's hand except for signatures; endorsed by T J as received 20 Apr. 1792 and so recorded in SJL. F C (DNA: R G 42, DC LB).

To Francis Eppes D E A R SIR

Philadelphia Apr. 14. 1792.

In a former letter I asked your permission to let the bonds taken at my sale be sent to you, in hopes you would deliver them to Hanson for me, and take a proper receipt. Since that I have written to Mr. Lewis to desire he will send them to you immediately, lest Hanson should make any assignment again, or lest the time of paying the first [423]

14

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approaching, he should be disposed to insist on the money. I inclose you the form of a receipt which would be agreeable to me. However should he be scrupulous about any expressions in it, a receipt in the following general form will do. viz. 'Received of T . J . by the hands of Mr. Eppes the following bonds, to wit [here insert the list] which bonds I promise to collect and apply to the credit of the said T . J : on his bonds for part of the debt of The late J . Wayles to F . & J . according to written articles of agreement in consequence of which the said bonds were given.' Your son is well. He was bridesman yesterday evening at the wed­ ding of young Mr. Lewis and Miss Norton. These things will make him think perhaps of a wedding for himself, and what will Mama say to that? Present my warm affections to her & the family, & believe me to be sincerely & affectionately Dear Sir your friend & servt., 1

TH: 1

PrC (DLC).

JEFFERSON

T J ' s brackets and text.

E N C L O S U R E

Form of Receipt for Bonds Received of Thomas Jefferson by the hands of Mr. Eppes the following bonds, towit A.B. and C D . for £ paiable 179__. Nov _ &c. which bonds I promise to collect and apply to the credit of certain bonds given by the said Thomas Jefferson for his part of the debt of the late John Wayles to Messrs. Farrell & Jones, according to written articles of agreement entered into by me as agent for the said Jones surviving partner of the said Farrell & Jones, with the said Thomas Jefferson, Francis Eppes, and Henry Skipwith representatives of the said John Wayles: and I will apply the said bonds so received as far as they will go to the credit of the bonds so given by the said Thomas in the order of the dates at which the said last—mentioned bonds become payable. P r C ( D L C ) ; entirely in T J ' s hand.

From Mark Leavenworth SIR London Appril 14. 1792 I have lately published (in a fictitious Name) the inclosed Pamphlet. The object was to evince that it was for the interest of G Britain to [424]

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1792

admit into their Service American built Ships—to admit American Vessels into their West Indies and American Provisions into their Ports. I the more readily engaged in this, as many seem to wish for a treaty of Commerce between our Country and G Britain who appeared not to know what to ask for. They did not Seem to have defined in their own minds what they might expect.—The object will explain some things in the Title and Manner of the Pamphlet which at first might appear strange. I am Sir yours, M LEAVENWORTH R C ( C S m H ) ; endorsed by T J as received 13 June 1792 and so recorded in SJL. Leavenworth (1752-1812), a native of Waterbury, Connecticut, was currently involved in several business ventures with Joel Barlow (Franklin B . Dexter, Bio­ graphical Sketches of the Graduates of Tale College, 6 vols. [New York, 1885-1912], in, 421-2). Leavenworth sent T J a copy of Colony Commerce; or, Reflections on

the Commercial System, as it Respects the West-India Islands, our Continental Colonies &f the United States of Amer­ ica . . . (London, 1791), which he wrote under the name of Alexander Campbell Brown. See Sowerby, No. 3158. Leav­ enworth sought to conceal his American citizenship so that it would not compro­ mise his appeal to a British audience for a more liberal trading relationship between the United States and Great Britain.

To Henry Remsen D E A R SIR Philadelphia Apr. 14. 1792. I duly recieved your favor of the 11th. with the pamphlet it inclosed, for which be pleased to accept my thanks. In accepting the office I am in, I knew I was to set myself up as a butt of reproach, not only for my own errors, but for the errors of those who would undertake to judge me. It was the objection which the longest delayed my acquiescence in the President's appointment. I have therefore to console myself that obloquy has begun upon me so late as to spare me a longer interval of satisfaction than I expected; and that however ardently my retirement to my own home and my own affairs, may be wished for by others as the author says, there is no one of them who feels the wish once where I do a thousand times. The pamphlet was written and printed here. It's author has given so many points whereby to try him, that he cannot be mistaken by one who will attend to all his opinions, and who knows the characters here. I learn with real concern the calamaties which are fallen on New York and which must fall on this place also. No man of reflection who had ever attended to the South sea bubble, in England, or that of Law in France, and who applied the lessons of the past to the present time, [425 ]

14

MARCH

1792

could fail to foresee the issue tho' he might not calculate the moment at which it would happen. The evidences of the public debt are solid and sacred things. I presume there is not a man in the U.S. who would not part with his last shilling to pay them. But all that stuff called scrip, of whatever description, was folly or roguery, and yet, under a resemblance to genuine public paper, it buoyed itself up to a par with that. It has given a severe lesson: yet such is the public cullability in the hands of cunning and unprincipled men, that it is doomed by nature to receive these lessons once in an age at least. Happy if they now come about and get back into the tract of plain unsophisticated common sense which they ought never to have been decoyed from.—It was reported here last night that there had been a collection of people round the place of Duer's confinement of so threatening an appearance as to call out the Governor and militia, and to be fired on by them: and that several of them were killed. I hope it is not true. Nothing was wanting to fill up the criminality of this paper system, but to shed the blood of those whom it had cheated of their substance. I shall be glad of your information during this interesting scene, and at all times happy to hear of your health and success, being with very sincere esteem & attachment Dear Sir your friend & servt, TH: JEFFERSON R C ( V i U ) ; endorsed. P r C ( D L C ) . On this day T J wrote the following certificate on Remsen's behalf, which he apparently forwarded under separate cov­ er: "Department of state to wit—I hereby certify that Henry Remsen acted as Chief clerk in this department, about two years, under my inspection, that I have found his diligence, integrity, understanding, and good dispositions to be such as to merit every degree of confidence and esteem,

and that he left it with my sincere regret. Given under my hand at Philadelphia this 14th day of April 1792. T h : Jefferson" ( M S in Bank of Manhattan Company, New York City, 1945; endorsed; P r C in D L C ; T r of certificate in Remsen's hand in D L C : Washington Papers). For a dis­ cussion of the authorship of the P A M P H L E T mentioned by T J , see Remsen to T J , 11 Apr. 1792, note.

From Thomas Barclay Gibraltar, 15 Apr. 1792. The vessel headed for Boston with his 31 Mch. and 10 Apr. letters is still here.—Muley Hussein, mistakenly referred to as Muley Ousine in his 16 Mch. letter, has been proclaimed Emperor in the province of Rife according to letters from Tangier, but his prospects are not considered promising. Muley Slema remains in the sanctuary at Wazan and Muley Suliman at Mequinez, while Muley Ischem plans to march north, so that a battle might be imminent. Abderhaman continues quiet at Tarudent whereas Ben El Kamel, the governor of Santa Cruz, has declared this seaport independent of any Emperor. Ben El KamePs action has precedents in the [426]

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1792

turmoil following the death of the Emperor Ismael, but in the end Santa Cruz will again be dependent on the general government. Letters from Mogodore of Mch. 27 bring additional news. Muley Ischem has summoned a commercial deputation from Mogadore to meet him in Morocco and the deputies have asked for safe conduct through the adjoining province of Shedmah. The people of Morocco, "who are tired of contending about which of the princes shall rule them," will be busy until the end of June harvesting barley and wheat. Since the reign of the last Emperor, the idea of turning away from the family of Sharifs and establishing someone of eminence as a limited ruler has been the subject of discussion in Morocco. R C ( D N A : R G 59, C D ) ; 1 p.; in clerk's hand, except for complimentary close, signature, and "No. 12" at foot of text, which are in Barclay's hand; endorsed by T J as received 16 June 1792 and so recorded in S J L .

From Stephen Cathalan, Jr. 15 Apr. 1792. Having written last month by the Louisa and sent copies via New York, he now encloses a letter to him from Capt. Richard O'Bryen with petitions to both houses of Congress from the American captives in Algiers praying for their deliverance from slavery. He also encloses a narrative by O'Bryen for the U.S. government describing M. Lamb's proceedings and current events in Algiers, and hopes that T J will submit all of these to the President and Congress. R C ( D N A : R G 59, C D ) ; 1 p.; endorsed by T J as received 18 Aug. 1792 and so recorded in S J L . Enclosures not found.

From Tobias Lear April 15 1792 By the President's command T . Lear has the honor to ask Mr. Jefferson if he has any knowledge of the writer of the enclosed letter?— and if he has not, whether it is probable that information respecting him could be obtained from any respectable person in this Country?— and that Mr. Jefferson will, after perusing and considering said letter, let the President know his opinion upon the expediency of encouraging the views and wishes of M . Pierre Charles Georgest. R C ( D L C ) ; endorsed by T J as received 15 Apr. 1792, but not recorded in S J L or SJPL. In the enclosed letter to Washington, written in Angoulême on 14 Jan. 1792, Pierre Charles Georgest described his

twenty-five years of service as a French military engineer, explained his disillusionment with the course of the French Revolution, and asked for assistance in moving himself, his family, some military colleagues, and a group of peasants to America ( D N A : R G 59, M L R ) .

[427]

From Samuel Smith SIR Baltimore 15th. April 1792 The Enclosed publication has appear'd in the Philadelphia Papers. From its Nature (If fully Insisted on) It seems to Exclude all American Exports in our Own Bottoms going to England.—You will confer a very particular favor by informing me What your Opinion is on this Subject and whether the Clause of the Navigation Act will go to the prevention of American Ships Carrying American produce to Great Brittain &c. &c. I have the Honor to be Sir Your obdt. Servt., SAM SMITH R C ( D N A : R G 59, M L R ) ; endorsed by T J as received 17 Apr. 1792 and so recorded in S J L . Smith was troubled by Sir John Tem­

ple's erroneous announcement on 9 Apr. 1792 concerning strict enforcement of the Navigation Act {National Gazette, 16 Apr. 1792). See note to George Hammond to T J , 11 Apr. 1792.

From Daniel Carroll D E A R SIR George Town Api. 16th. 1792 The Commissioners did themselves the honor of writing to you on the 14th Instant, the Warrants having been sent a few posts before. Since then they have concluded to build a House for their Office and accomodation in the City near the place called the Church Square, being not far from the Center and nearly equidistant on the way between the Presidents House and the Capitol, and not far from the Post Road. It is expected this will occasion other improvements, and they requested me to mention it to you. The President and Directors of the Potomac Co. met here last week. The measures they have adopted promise to compleat the navigation to the Great Falls before Winter.—There is a handsome Sum in the Treasury, and a further dividend called for. Col. Gilpin speaks with Confidence on this Subject. He intends to employ from 150 to 200 Hands on the Locks and other work necessary on the Canal from the Little Falls. The produce being brought from above into the Canal at the Great Falls, may, he says, by a portage of a few hundred yards be delivered into the Vessells on the river from whence they may proceed to Market; this portage will be at the rate of about 2d per Barrili.— Some hands will be employ'd in the bed of the River, on what obstacles there may be between the falls, and others at particular places above; a Contract has been entered into, and Security given for making the [428]

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1792

navigation according to Law from Cumberland about 20 or 20 Miles down. Considerable produce has been allready brought down, some from as high I am told as within 6 Miles of the Mouth of Savage River. I believe about of the Lock seats at the Great Falls is blown, and it is hoped this object will be accomplishd during the next Season. The Commissioners meet again the first of next Month. I shall be here some time in each week untili that time.—I am, Dear Sir, with great esteem, Your most respectfull and Obt. Servt., DANL. CARROLL R C ( D L C ) ; endorsed by T J as received 20 Apr. 1792 and so recorded in S J L . The

PRESIDENT

AND DIRECTORS

of

the

Potomac Company were Thomas John­ son, John Fitzgerald, George Gilpin,

and David Stuart (Corra Bacon-Foster, "Early Chapters in the Development of the Potomac Route to the West," Records of the Columbia Historical Society, xv [1912], 176-7).

From Thomas Mann Randolph, Jr. D E A R SIR Monticello April 16: 1792. Your letter containing the seeds of the Acacia came safe to Monticello. Patsy and Miss Jane, who have become quite enthusias­ tic in gardening and Botany, are much pleased with the charge and promise themselves the satisfaction of presenting you the Shrub reared by their hands, in Septr. The employment will be doubly agreeable to them and myself as there is a prospect of your enjoying its sweets. Believe me, there is nothing in the power of fortune which can add so much to the happiness of your daughter and myself as your residence at Monticello. I mentioned in my last the illness of our most valuable neighbour, Gilmer. I am sorry to contradict now my account of his recovery. His disorder is a paralytic affection of the throat which deprives him allmost entirely of the power of swallowing. He has been obliged some time now for the support of life to make use of every channel by which it is possible to convey nourishment to the body. I hope before the next post-day some favorable change will take place, but I am well convinced that the worst may be reasonably feared.—I am Dr. Sir your most sincere friend & obedt. Servt. T H O S . M A N N RANDOLPH R C (MHi); endorsed by T J as received 1 May 1792 and so recorded in S J L .

[429]

American Philosophical Society's Circular on the Hessian Fly Philadelphia, April 17th, 1792. At a meeting of the Committee appointed by the American Philosophical Society for the purpose of collecting and communicating to the Society materials for forming the Natural History of the insect called the HESSIANF L Y , as also information of the best means of preventing or destroying the Insect, and whatever else relative to the same may be interesting to Agriculture: R E S O L V E D that, for obtaining information of the facts necessary for forming the natural history of this insect, before its entire evanishment from among us, it be recommended to all persons whose situation may have brought them into acquaintance with any such facts to communicate the same by letter addressed to Thomas Jefferson, E s q . Secretary of State to the United-States. And that the proper objects of inquiry and information may be more particularly pointed out, the following Questions are proposed.

§1. In what year, and at what time of the year, was this animal observed for the first time? Does it seem to have made its appearance in this country only of late years, or are there any reasons for supposing that it was known in any part of the United-States previously to the commencement of the late revolution? §2. At what time of the year has this insect been observed in the EggState? At what time in the Worm-State? And at what time in the FlyState? How long does it remain in each of these several states? Does it pass through more than one generation in the course of a year? If it does, which generation of the insect is it that proves most injurious? §3. What kind of Wheat does this insect prove most injurious to? Has it ever been seen on, or has it proved destructive to, the Spelts? Does it ever injure the roots of the wheat, &c. Has it ever been seen in the flowers? Does it affect the leaves? What part of the stalk is it chiefly confined to? Has it ever been known to attack the grain, or to be transported with it? In what manner does it seem to operate its injurious effects? At what season are these effects first observed to commence? § 4. Does it ever injure the Spring-wheat, the Barley, the Buckwheat, and the Oat? Does it injure the Rye or the Indian-corn? If it does, [430]

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1792

on what part of these several vegetables does it chiefly reside? Does it inhabit any of the Grasses, or other smaller vegetables, which we cultivate in our fields, our meadows, gardens, &c. If it does, what are the names of these grasses, &c? And on what parts of these vegetables does it chiefly reside? Has it ever been observed, in any of its stages, in their flowers? Has it ever been known to injure their seeds? Does it appear to be most destructive to the grasses, &c. of the more wet, or to those of the more dry, soils? Has it ever been observed upon any of the larger trees or shrubs of the forest, garden, &c. If it has, what are the names of these trees and shrubs? And what parts of them does it commonly affect? §5. Does this insect seem to have committed greater depredations on the different grains^ but particularly on the wheat, when sown in one soil than when sown in another? Thus, for instance, is it ascertained whether this animal has proved most destructive to wheat which has been sown in a light and loose soil, or to that which has been sown in a strong and heavy soil? Do its ravages appear to have been greater or less upon the wheat of land which has been recently manured, than upon the wheat of land that has never been manured at all, or which has not been manured for a considerable length of time? N . B . All the queries of this section have also a reference to the Rye, the Oat, the Barley, §6. How far has the Bearded-wheat escaped the injuries of this insect? Which variety of the Bearded-wheat, the Yellow, the Red, or the White, has been observed to be most exempt from its injuries? Has any variety or species of the wheat entirely escaped the ravages of this insect? §7. Is it possible to ascertain, with any degree of certainty, the extent of country which this insect has traversed in a year, or in any other given period of time? Are its movements rapid? Does it appear that the progress of the insect has been, in any degree, retarded, or obstructed, by rivers, by mountains, &c? Does it appear that it has pursued any general or fixed rout through those countries, in which it has been observed, as to the North, the South, &c? How far to the North has it been observed? How far to the South? How far to the West? §8. Have any experiments been made to demonstrate the degree of cold which this insect, in the different stages of its existence, is capable of supporting? Is it food for other animals? [431]

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§9. What means have been found most successful for preventing the injuries committed by this insect? How far has the practice of rolling the wheat and the rye in the autumn and in the spring been found of service? Have any good consequences resulted from the practice of seeding the grain close in the spring-time? Has the burning of the stubble ever been tried? If it has, what has been the effect? Has the practice of steeping the grain of the wheat, &c. (previously to its being sown) in infusions of the Elder, and of other vegetables, been found of any service? And while the Committee ask, with earnestness, information from every person who can answer any one or more of the preceding ques­ tions, they address themselves in a particular manner to those on whose farms this insect has appeared, praying that they will give them such details as they can give with certainty, regardless of the style or form of their communications, since it will be the duty of the Committee to reduce all the facts received from different persons into an orderly narrative, to be reported to the Society. Thomas Jefferson, Benjamin Smith Barton, ^ j Yj i . /Committee. James Hutchinson Caspar Wistar. M S not found; reprinted from broadside in P P A P . The

COMMITTEE

had been

APPOINTED

BY T H E AMERICAN PHILOSOPHICAL SOCIETY

on T J ' s motion on 15 Apr. 1791 (Amer­ ican Philosophical Society, Early Proceed­ ings . . . 1744-1838 [Philadelphia, 1884], p. 193-4). T h e H E S S I A N F L Y and T J ' s studies of it are fully discussed in Vol. 20: 445-9, 461-2n. A n earlier version of this questionnaire may have been approved at the 13 May 1791 committee meeting, for which T J urged Barton "to have his queries pre­ pared" for presentation ( T J to Barton and others, 12 May 1791). T h e queries were also reprinted in the General Adver­ tiser (Philadelphia), 8 June 1792, Dunlap's American Daily Advertiser, 9 June 1792, The Gazette of the United States, 13 June 1792, and The National Gazette, 14 June 1792. T h e first and the fourth of

these printings lack the place and date­ line but contain this postscript: [ A few copies of the above queries, printed so as to leave room for answers to each, are left at the office of the General Advertis­ er, to be disposed of gratis. Such persons as have information to communicate, or intend making such observations as may lead to the information wanted, by apply­ ing, will be furnished with copies.] "The republication of these Queries throughout the United States may essen­ tially promote the interests of agriculture. June 7, 1792." T h e date of the postscript, which probably indicates when the com­ mittee decided to submit it to the news­ papers, was mistaken for the date of the document itself in Vol. 20: 449n, 4 6 I n . The following direct and indirect responses to the questionnaire are in T J ' s papers: John A . DeNormandie to T J , 24 May 1792 ( R C in D L C , not recorded in S J L , enclosed in William Barton to

[432]

W

19

APRIL

T J , 15 June 1792); James Vaux to an unnamed correspondent, 13 June 1792 (Tr in D L C ) ; David Redick to T J , 20 June 1792; Samuel L . Mitchill to John Vaughan, 23 June 1792 (RC in D L C ) , enclosing his "Short Remarks on the Wheat-Insect," 23 June 1791 (MS in DLC); James Login to David Rittenhouse, 7 July 1792 (RC in DLC); Joseph

1792

Moore to T J , 16 July 1792; Richard Wain to Caspar Wistar, 28 Aug. 1792 (RC in DLC: T J Papers, 77:13392-3); John Sheppard to [the Committee on the Hessian fly], [ca. 6 Oct. 1792]; James Mease to T J , 12 Oct. 1792; unnamed res­ ident of Chester County, Pennsylvania, to Caspar Wistar, undated and fragmentary (RC in DLC: T J Papers, 80: 13926-7).

From Samuel Mackay Bennington, Vt.,17 Apr. 1792. A victim of misfortune, he turns to T J for succor, relying on TJ's reputation as a philanthropist, a republican, a patron of the arts, and a friend of the French nation. He seeks a form of employment more suited to his talents and wishes to promote better relations between the U.S. and France by serving as a French instructor in Philadelphia. He hopes that the recommendations he brings with him will induce T J to procure twenty or thirty students for him to instruct in French for three or four hours a day. The fees from this work will also enable him to pursue his own studies. RC (ViW); 2 p.; in French; slightly mutilated; endorsed by T J as received 24 Apr. 1792 and so recorded in SJL.

To Alexander Hamilton SIR Philadelphia Apr. 19. 1792. In consequence of letters received from Mr. William Short on the subject of his property invested in the public funds, I am to desire that no transfer may be permitted of any stock standing in his own name, or in the name of any other for his use.—I have the honor to be with perfect esteem & respect Sir Your most obedient & most humble servt.,

TH: JEFFERSON

PrC (MHi); at foot of text: "The Secretary of the Treasury."

From Alexander Hamilton April 19 Mr. Hamilton requests Mr. Jefferson to inform him whether he has received from Mr. Hamilton's Office copies of the correspon­ dence between Mr. Ternani and him concerning the advance of the 400,000 Dollars. These copies were prepared some time since and it [433]

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APRIL

1792

is not ascertained whether they have been mislaid or forwarded to Mr. Jefferson. A line in answer will oblige. R C ( D L C ) ; endorsed by T J as received 19 Apr. 1792, but not recorded in S J L or SJPL. Of the six letters exchanged between Hamilton and Ternani on the subject of advances on the American debt to France,

T J received copies only of Hamilton to Ternani, 8 Mch. 1792, and Ternant to Hamilton, 10 Mch. 1792 (Trs in D L C ) . For citations to the remainder of the cor­ respondence, see note to T J to Ternant, 7 Mch. 1792.

From Alexander Hamilton Philadelphia April 19. 1792: The following are the material facts in relation to the case of Rutgers agt: Waddington as far as they are now recollected, and a confidence is entertained, that the statement is substantially accurate. The suit was brought in the Mayor's court of the City of New York, for the occupation and injury of a brewhouse in that City during the possession of it by the British army founded upon an act of the State of New York, entitled A n act for granting a more effectual relief in cases of certain trespasses" which gives remedy by action of trespass, to all citizens who had resided without the enemy's lines, against those who had resided within those lines, wherever the property of the former had been occupied, injured, destroyed, purchased, or received by the latter, declaring ''that no defendant should be admitted to plead in justification, any military order or command whatever of the enemy, for such occupancy, injury, destruction, purchase or receipt, nor to give the same in evidence on the general issue." This act was passed subsequent to the provisional, but prior to the definitive treaty. The fact was that the defendant had occupied the brewhouse in question, under regular authority of the British army, proceeding for a part of the time, immediately from the commander in chief, and for another part of it, from the Qr: Master General, and had even paid rent for the use of it. Several pleas were pleaded, for the different portions of time, cor­ responding with the State of the fact, one alledging the occupation, under the immediate order of the commander in chief, the other under that of the Quarter Master General. The particulars of the pleas appear to be accurately stated in Mr. Hammond's memorial. The court allowed the plea, which alledged the occupation, under the immediate authority of the commander in chief, and overruled the u

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other, giving judgement for the plaintiff for the portion of time covered by the latter.—The ground of distinction, was that it could not be in the course of service, for a Quarter Master General to let out Brew houses. The force of the treaty to overrule the inhibition against pleading a military order, was admitted by the decision, which allowed in fact the validity of such an order, when proceeding from the commander in chief. But a writ of error was brought by the defendant to reverse the judgement in the supreme Court, and pending that writ, a voluntary compromise between the parties took place, which superceded its pros­ ecution to a final decision. A sum of money was paid by the defendant, in consequence of this compromise. It is however but candor to acknowledge, that from the uncertainty of the event, the desire of the defendant to compromise, as a prudential course, was not discouraged by his Counsel. It is not recollected that any decision ever took place, in the Supreme Court of the State, giving effect to the inhibition above mentioned.— It is believed that none ever did.—The exceptionable clause was repealed by an Act of the 4th. of April 1787, which put an end to the question. I acted as Attorney and Counsel for the defendant. ALEXANDER HAMILTON. PrC (DLC); in a clerk's hand; at head of text in TJ's hand: "No. 46." Tr (DNA: RG 59, SDR). Enclosed in T J to George Hammond, 29 May 1792.

1964-1980), I , 282-419, 521-7. In his capacity as A T T O R N E Y A N D C O U N S E L for Waddington, Hamilton had argued that the Trespass Act under which the plain­ tiff brought suit was invalid because it was A comprehensive account of this case, contrary to the terms of the peace treaty— mentioned in Hammond to T J , 5 Mch. an argument that anticipated Hammond's 1792, is in Julius Goebel and Joseph complaint about this case by almost eight H. Smith, eds., The Law Practice of years (same, p. 326-8). Alexander Hamilton, 4 vols. (New York,

To Thomas Mann Randolph, Jr. D E A R SIR

Philadelphia Apr. 19. 1792.

Your's of Mar. 27. and Martha's of Mar. 28. came to hand on the 14th. with one of Apr. 2. to Maria. I am sorry to hear my sugar maples have failed. I shall be able however to get here any number I may desire, as two nurserymen have promised to make provision for me. It is too hopeful an object to be abandoned. Your account of Clarkson's conduct gives me great pleasure. My first wish is that the labourers [435 ]

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may be well treated, the second that they may enable me to have that treatment continued by making as much as will admit it. The man who can effect both objects is rarely to be found. I wish you would take occasion to express to him the satisfaction I recieve from this communication. If it would not be too much trouble for you to inform me how much wheat, rye and corn constitutes the growing crop in Albemarle, I shall be obliged to you. I am glad to hear that Clark was about getting his tobacco down.—At length our paper bubble is burst. The failure of Duer, in New York, soon brought on others, and these still more, like nine pins knocking one another down, till at that place the bankruptcy is become general, every man concerned in paper being broke, and most of the tradesmen and farmers, who had been laying by money, having been tempted by these speculators to lend it to them at an interest of from 3. to 6. pr. cent a month, have lost the whole. It is computed there is a dead loss at New York of about 5. millions of dollars, which is reckoned the value of all the buildings of the city: so that if the whole town had been burnt to the ground it would have been just the measure of the present calamity, supposing goods to have been saved. In Boston the dead loss is about a million of dollars. The crisis here was the day before yesterday, which was a great day for payments. The effect will not be public in two or three days more. It is conjectured their loss will be about equal to that of Boston. In the mean time, buildings and other improvements are suspended. Workmen turned adrift. Country produce not to be sold at any price: because even substantial merchants, who never meddled with paper, cannot tell how many of their debtors have meddled and may fail: consequently they are afraid to make any new money engagements till they shall know how they stand. As much of the demand from Virginia, and especially for wheat, and indeed tobacco, was from this place, I imagine the stagnation of purchases, and tumble of prices will reach you immediately. Notwithstanding the magnitude of this calamity, every newspaper almost is silent on it, Freneau's excepted, in whom you will see it mentioned. Give my love to my dear Martha, & accept assurances of sincere esteem from Dear Sir Yours affectionately, TH:

JEFFERSON

R C ( D L C ) ; addressed: "Thos. M . Randolph junr. esq. Monticello"; franked but not postmarked. Martha's letter to T J of 28 Mch. 1792, noted in S J L as received 14 Apr. 1792, has not been found.

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From Samuel Blodget, Jr. SIR New York 20th April 1792 In reply to my letter respecting the Plan of the City of Washington, my friend has written, vizt. "Mr. Hill fears it will take 2 months to compleat the engraving and estimates the expence at about 160 Dollrs. No time shall be Lost to have it compleated in his best manner." This City wears a very gloomy aspect owing to the late failures, fraudulent conveyances are much talkd of, and one, (suposed from Mr. McComb to his Brother in Canada, for upwards of £ 7 0 000 in Real Estate,) it is said might be rendered null provided the Bankrupt Law now Pending in Committee is passd this Session of Congress. Excuse the Liberty I have taken to mention this, of which I am at present unable to form an opinion, and believe me to be with the most perfect respect your ever devoted humble servant. S. B L O D G E T JUNR. I return in a few days to Philadelphia and hope the honor of paying you Immediately my respects on Business. R C ( D L C ) ; endorsed by T J as received 23 Apr. 1792 and so recorded in S J L .

To the Commissioners of the Federal District GENTLEMEN

Philadelphia Apr. 20. 1792.

Your favor of the 11th. has been duly received and laid before the President. He thinks it best to decline making any alterations in the plan of the city. The considerations which weigh with him are the expediency of fixing the public opinion on the thing as stable and unalterable, the loss of the work done if altered, the changing all the avenues which point to the Capitol, removing the two houses to a still greater distance, change in the engraving, and that it will not be necessary to dig away the hill to the Eastward, since were it to be dug away, private buildings would as effectually exclude prospect from the Capitol, except merely along the avenues. He thinks that the obstruction given by Mr. Young's house need not bring on any question for years to come. The warrants are received; and your desire shall be attended to for releasing the lots mortgaged pari passu with the redemption: But I do not know that that can now be effected. You have certainly heard of the extraordinary crush which has taken place, here—at N . York [437]

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and Boston, of persons dealing in paper, and of good merchants and others who had dealings with the paper men. It has produced a general stagnation of money contracts, which will continue till it is known who stands and who falls. During this crisis, Mr. Blodget thinks it prudent to suspend proposing our loan, and indeed we think so too. This will oblige you to keep back some of your operations. Perhaps proper offers to workmen and labourers, without being addressed to any place in particular, might at this moment draw great numbers from New York, Boston and this place. The procuring workmen from Scotland is an object of importance: and it may be doubted whether the importation of some Germans might not be a good experiment as well in economy, as to have a certain dépendance. They are distinguished for their industry and sobriety, and might do good as an example and model to be referred to.—I have the honor to be with the most perfect respect Gentlemen Your most obedt. & most humble servt., TH:

JEFFERSON

P r C ( D L C ) . F C ( D N A : R G 360, D L ) . T r ( D N A : R G 42, D C L B ) .

To William Foushee SIR Philadelphia Apr. 22. 1792. I some time ago authorised Mr. D . Hylton to propose my lands at E l k hill in Goochland for sale to Mr. Banks, and inclosed him the advertisement I had published in the Richmond paper describing the lands, price and payment. The price was £ 1 8 0 0 at 4. annual payments bearing interest from the delivery of the land. Mr. Banks offered him £ 1 5 0 0 . agreeing in every thing else to the terms in the printed paper. Mr. Hylton wrote me of this offer, and being about to leave Richmond he informs he left a memorandum with you, and that you would be so kind as to finish the transaction for me, if I should accept the offer. This information emboldens me to give you a trouble which I should otherwise not have thought myself authorised to give you. I cannot take the price offered by Mr. Banks: but I will abate £ 2 0 0 from the offer abovementd: that is to say I will take £ 1 6 0 0 . at four equal and annual instalments of £ 4 0 0 each, payable on the 1st. of June 1793. 4. 5. 6. with interest on each from the 1st. of June 1792. Having real security of double the value, to wit, a mortgage on the lands sold, and on others of equal value under no previous incumbrance. I think my advertisement mentions that there is an old woman who has her life in 50. acres, being the remotest corner of the lands back from the river. I do not know whether she is living or dead. She does not cultivate I [438]

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believe 10. acres of the ground. On the other part of the land I believe there is no tenant. If there is, he can only be for the present year. The lands shall be delivered with all my rights as soon as a written agreement shall be duly executed by the purchaser. If you will be so good as to take the trouble of proposing this matter to Mr. Banks immediately, you will lay me under particular obligation: and if he agrees, I should wish to receive written articles of agreement which might give time to execute more formal papers. The delivery of this letter to Mr. Banks with your declaration on it that the proposals it contains have been acceded to on his part, and in exchange for written articles signed by the purchaser, shall be obligatory on me. If not accepted by Mr. Banks I will ask immediate information from you, as I have some expectations of agreeing with a French gentleman here. Pardon, I pray you, Sir, the trouble I presume to give you, which Mr. Hylton's information alone has induced me to venture, and be assured of the perfect esteem with which I am Sir Your most obedt. & most humble servt., TH: JEFFERSON P r C (MHi). Foushee's reply of 29 Apr. 1792, recorded in S J L as received 8 May 1792, has not been found.

From William Irvine SIR Philadelphia [ca. 22] April 1792 I take the liberty to inclose a Copy of a Patent for a tract of land on the Mississippi, respecting which I had the honor to speak to you some time since, soliciting your friendly interposition with the Commissioners at the Court of Spain, to obtain restitution for the heir of the ft tentée.—The death of the Patentee at an early stage of the late war, minority of the heir, together with the unsettled state of things in that Country for so many years, prevented such prosecution of the claim, as I now understand is necessary to conform with the laws of that Province, and in common course the land is said to be granted to, and possessed by other persons. So long as the territory was under the British government Mr. Callender complied strictly with the terms injoined in the grant, by his agents, this can be established if necessary.—In the year 1783 while I Commanded at Fort Pitt, I wrote to the Governor at New Orleans, (being Guardian of the young Man) requesting him to forbear regranting the land, for a certain time setting forth the causes that prevented the possibility of an immediate occupancy. In confidence that the Ministers of a magnanimous and enlightened [439]

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Nation, may be induced in peculiar cases, to relax from a rigid adher­ ence to the letter of law, especially where Orphans are concerned, I have given you this trouble. At present I shall only add for your infor­ mation, that Mr. Callender the Patentee, lived long, and died a rep­ utable Citizen of Pennsylvania, his family and connections are numer­ ous and respectable, his only son is about to finish an Accademical education, and can soon go into the Country or do any necessary and proper thing, that may be enjoined.—I have the honor to be with the greatest respect Sir Your Most Obedient Humble Servant, WM.

IRVINE

There is also herewith inclosed a letter from a person who I employed to renew the claim in 1789, and there is a gentleman now at Orleans who is dayly expected to arrive here, from whom I will probably receive farther information. R C ( D N A : R G 59, M L R ) ; at foot of text: "The Honble. Thomas Jefferson Minister of State"; endorsed by T J as received 23 Apr. 1792 and so recorded in S J L , a fact which establishes the approx­ imate date of the letter. P r C (same); in a clerk's hand; at top of text: "(Copy)"; enclosures: copies of patent and plat of land grant on Mississippi River in West Florida, 6 Dec. 1768, and letter from Thomas Irwin to William Irvine, 20 June 1790; all copies in clerk's hand. T J sent copies of the enclosures to William Carmichael and instructed him

to take up the question of the Callender land claim with the court of Spain ( T J to Carmichael, 24 Apr. 1792). He then wrote a brief note to Irvine on 25 Apr., returning the "original papers in Calen­ der's case" and announcing that he had sent copies to Carmichael ( P r C in D L C ; recorded in S J L ) . Irvine, a Continental Army general from Pennsylvania who was commandant of Fort Pitt for the last three years of the Revolutionary War, neglected to inform T J that his wife was the daugh­ ter of Robert Callender, the P A T E N T E E on behalf of whose heir he sought T J ' s inter­ cession ( D A B ) .

From William Short D E A R SIR Paris April 22. 1 7 9 2 Although my late indisposition has been followed by an intermitting head-ach which has rendered it extremely painful for me to write, yet I cannot postpone informing you of the decree passed in the assembly the day before yesterday for deciding on war against the King of Hungary.—I inclose you the gazette universelle of this morning which contains the report of the minister of foreign affairs adopted by the King and his council, for the proposition of war, and the decrees passed thereon. The King went in person to the assembly to make the proposition. It is very extraordinary that notwithstanding this decree, many peo[440]

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pie here still are persuaded that war will not take place, and it is certain that it produced little or no effect on the exchange. As to myself I do not see how hostilities are to be avoided unless it be by means which would be too dishonorable to suspect either party of. The great major­ ity of the assembly are for war, but the King is personally opposed to it and also all those who are friends to the present constitution and wish to see its defects corrected by time—and a section of the club des Jacobins, who fear the executive power, and the power of the generals more than the influence of foreign courts. The ministry count on the revolt of the Austrian Netherlands in their favor, and also on the insurrection of the people against the gov­ ernment wherever they march, in the case of other powers as is certain, joining the King of Hungary. It is evident that they consider this as their only chance of success. In general they will be disappointed in this calculation, and with respect to the Austrian Netherlands, nothing in my mind is more certain, than that all the influential people there, the States, and the ecclesiastics of all orders, though the enemies of Austria, prefer much being subjected to its bayonets to independence, (even if they were sure of success) with the principles of the French revolution, which all consider as subversive of property and religion. It is expected that the army under the command of Count Rochambeau will immediately make an incursion into the Hainault and endeav­ our to take post there. This opinion however is founded only on the probable conjecture of advantage being taken of the present moment, before the reinforcements can arrive from Germany. I did not write to inform you of the King of Sweden's being assas­ sinated being sure you would learn it through other channels. He expired on the 29th. of the last month, thirteen days after being wounded. The conspirators, or at least the chiefs being arrested, it is supposed that the public tranquillity will not be disturbed. The intention seems to have been to have restored the form of government destroyed by the late monarch. I mentioned to you in my last my persuasion of the changes which might now be affected in the decrees of the assembly relative to our commerce, by means of the new ministry—and my intention to speak with them on the subject. Two days after I learned through others and from Mr. Morris that intelligence was just received in London of the Senate's having confirmed his nomination here, and of course I expected his arrival daily. Under these circumstances I determined not to engage in a business which I was sure could not be finished previously, supposing it best that he should have the power of treating it absolutely in his own way.—Since then I have remained constantly [441 ]

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in the same daily expectation and I have just now received a letter from him informing me that he shall soon be here. I have had a meeting with ministry on account of the business contained in my letter inclosed for the Secretary of the Treasury. The Minister of public contributions (M. de Claviere) was present. I took occasion to mention to him how favorable the moment was for carrying his former ideas respecting the American commerce into execution. He told me he had it much at heart and had determined to propose a plan for the purpose, and wished as soon as the present moment of hurry in organizing his department was over that I would come to a candid and free discussion of the subject with him, adding that both sides should add all the lights in their power, as in his system the interests of both parties would mutually augment each other instead of being at war as in most of the systems adopted. I observed to him that he would always find America ready to meet France on that truly liberal ground and mentioned the part of your letter of Jan. 5. (the last which I have had the honor of receiving from you) relative thereto. (I had previously mentioned it to M . Dumouriez, the minister of foreign affairs, who expressed much satisfaction and told me he had long meditated the advantages that would result to the two countries and would immediately take into consideration the best means of carrying the intentions of the former assembly relative to the treaty, into execution.)—I continued observing to M . de Claviere, that the first step proper would be the repealing the decrees of the former assembly that were most hostile to our commerce and really injurious to France. He came readily into this idea. I mentioned to him also how advantageous the importation of salted provisions from the U . S . would be at present that they were threatened with war and that it was essential to procure provisions on the cheapest terms—and that this resource was cut off by the heavy duties laid on them. He told me that he felt this particularly, and also the necessity of encouraging our flag in their importations of all articles into France at a time when it was to be apprehended that the French flag would be much exposed. I concluded this conversation by adding that I expected Mr. Morris here every day who would pursue the subject with ministry. Circumstances and dispositions are more favorable in this moment than they have ever been for the U . S . Mr. Morris's position, the powers with which he will be furnished, and above all his intelligence and zeal will no doubt enable him to derive every advantage from them. Since my last the Minister of justice has been declared. He is an avocat of Bordeaux as I then mentioned, M . Duranton.—I was mistaken with the public [442]

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in informing you that the Minister of the Intérieur was brother in law to B . de Warville. He has published an article which I see in his gazette to correct that error.—Your last letter gave me hopes that I should learn from you a result in which I was interested. Everybody but myself have reed, letters on the subject more than three weeks ago. As yet I know nothing but what I learn as usual through the gazettes or indifferent people.—I have the honor to remain your most obedt. servt, W. SHORT P r C ( D L C : Short Papers); at head of text: "No. 98"; at foot of text: "Thomas Jefferson Secretary of State Philadelphia." T r ( D N A : R G 59, D D ) . Recorded in S J L as received 28 June 1792. The letter of this date that Short en­ closed for Alexander Hamilton is printed in Syrett, Hamilton, xi, 326-8. T h e R E ­

S U L T in which Short was understandably interested was the Senate's action on his nomination as minister resident to the Netherlands. Short first received news of his nomination from T J on 18 Feb. 1792, but T J ' s letter announcing his confirma­ tion did not reach him till 7 May 1792 ( T J to Short, 3, 23 Jan. 1792).

From William Blount SIR

K n o x v i l l e A p r i l 2 3 d . 1792.

Shortly after my arrival in this country, in the autumn of the year 1790, I saw a grant authenticated in due form by the Governor and Secretary of North Carolina for a piece of land laying south of french broad, and understood that it was in contemplation of several peo­ ple to lay a large number of Armstrong's warrants, commonly called supernumerary, on the lands on that side of the river, founding their rights for so doing, on the latter part of the second condition of the act of cession. The grant I saw appeared not to be so well described as to authorize a belief that the Governor and Secretary of North Car­ olina knew where it lay. Hence I presume they had been imposed on, and gave them information of what was in contemplation. They both acknowledged the receipt of my letters and assured me no more grants should pass for lands on that side of the river, and this had the effect to stop I believe even attempts to obtain any, until since the ratification of the treaty of Holston. But since that period, that is about the sit­ ting of the last general Assembly of that State, a number have issued, described as laying on the south of french broad, by which it is evident there was no deception in obtaining them.—I have the honor to be with great respect & esteem Your most obedient Humble servant, WM.

[443 ]

BLOUNT.

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P r C ( D L C ) ; in clerk's hand. P r C ( D L C ) ; in another clerk's hand. Recorded in S J L as received 4 June 1792. Enclosed in T J to Edmund Randolph, 9 Nov. 1792. Governor Blount was concerned that the land in question was part of the South­ west Territory by virtue of the Treaty of Holston concluded between the United States and the Cherokees in July 1791. North Carolina justified these grants by

1792

citing a clause in its December 1789 act of cession, which brought the South­ west Territory into being, stipulating that under certain conditions settlers who had dealt with John Armstrong's land office in Hillsborough could still take up land under state authority in the territory North Carolina had relinquished to the United States (Carter, Terr. Papers, rv, 56, 61; T J to Blount, 6 June 1792; T J to Alexander Martin, 6 June 1792; Martin to T J , 24 Aug. 1792).

From the Senators and Representatives of Maryland [23 Apr. 1792] The subscribing Senators and Representatives of the State of Mary­ land in the Congress of the United States, in reply to the enquiries addressed to them by the Secretary of State, not having in this City, the necessary documents, to which they might particularly refer, can only inform him generally; That soon after the pacification between these States and Great Britain, complaints of an obstruction to the recovery of British debts in some of the States, by his Britannic Majesty's Minister, Mr. Pitt, were transmitted by Congress to the several States, accompanied by a requisition of that honorable Body, that laws should be passed to secure the effectual observance of the Treaty. The Legislature of Mary­ land, in consequence thereof, enacted a law declaring the Treaty the supreme law of the land, which was, in reality, but a compliance in form, with what had, in effect, taken place, immediately after the exchange of the ratifications of the definitive treaty. British suits hav­ ing been maintained, from that period, in the superior and inferior tri­ bunals throughout the State, without any obstruction whatever, to our knowledge, except in one instance in the County of Charles, wherein a lawyer thought it advisable to withdraw some actions of this descrip­ tion, from a dread of popular interference. But on the speedy inter­ position of authority, those suits were all restored, and the persons concerned brought to a proper sense of their misconduct: from that event to the present, British Claimants, as well under contracts pre­ vious to the late war as since, have in every instance, enjoyed every [444]

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facility in the tribunals of Justice of Maryland, equally with her own citizens. They have recovered, in due course of law, and remitted to Great Britain, large debts of either description. It is, however, to be understood that the cases of persons, who during the late war, paid debts, contracted previously thereto, into the Treasury of Maryland, by virtue of and in conformity with two Acts of that State of 1780, Chapter 5th. and 45, have presented to the Courts of that Country, an important question, involving principles of much nicety, extensive national importance which, if not analogous to, and expressly pro­ tected by the laws of nations, and precedents drawn from other coun­ tries, were yet of novel impression in America, and required much deliberation. A variety of such suits were brought; the usual steps were regularly, and without interruption pursued; the gentlemen at the bar of the supreme common law court were nearly equally divided, on the different sides of these claims, and it was finally agreed between them, to select some one case for trial, on the fate of which the rest should depend. The case of Mildred against Dorsey, which is partic­ ularly mentioned by the Secretary, was the individual case so select­ ed; and after a full hearing, the Court determined against the Amer­ ican citizens, in favor of the British claimants: On which an appeal was entered, as is usual in all cases of consequence, and that cause, together with all others similarly circumstanced, wherein new secu­ rity could be procured by the defendants, removed to the high court of Appeals of Maryland, where it now remains for final decision, and where it will be tried, as soon as the accustomed legal forms are com­ plied with. Throughout the whole progress of this suit, there has been no delay, on the part of the Courts or the defendants; all the forms have been conducted upon the principle of mutual agreement between the Counsel on either party.—With respect to the case of Harrison's rep­ resentatives: On the disclosure of facts made by the trustees of the will of Harrison on oath, in Chancery, in consequence of the claim made by the Attorney General, in behalf of the State, the Chancery Court determined it in favor of the State, it is believed, on this principle; that, however Great Britain might consider the Antenati, as subjects born, and that they coud not divest themselves of inheritable qualities, yet that the principle did not reciprocate on America, as those Antinati of Great Britain could never be considered as subjects born of Maryland. The Legislature, however, took the matter up, and passed an Act relinquishing any right of the State, and directing the intention of the testator to take effect, notwithstanding such right. It is conceived, that this was a liberal and voluntary interposition, on the part of the Legis[445 }

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lature, in behalf of the Representatives of Harrison, who are at liberty to pursue their claim. JNO. H E N R Y CH. CARROLL O F CARROLLTON JOHN F M E R C E R SAMUEL S T E R E T T JOSA. S E N E Y W. V . MURRAY PHILIP K E Y UPTON SHEREDINE R C ( D N A : R G 59, N L ) . P r C ( D L C ) ; in hand of George Taylor; at head of text: "(Copy)" and in T J ' s hand "No. 49." T r ( D N A : R G 59, S D R ) ; caption: "No. 49." No. 49 referred to its placement among those documents appended to T J ' s letter to George Hammond of 29 May 1792. Not recorded in S J L or S J P L . T J sent two E N Q U I R I E S to the Mary­ land Senators and Representatives. T h e first was undoubtedly a text of his cir­ cular note to Southern senators and rep­ resentatives, described in note to T J to Senators and Representatives of Virginia, 11 Apr. 1792, and the second (miss­ ing) was almost certainly a note request­ ing specific information about the cases of Mildred v. Dorsey and Thomas Har­ rison's Representatives. T J followed the same procedure in soliciting data on the payment of British debts from the North Carolina delegation to Congress (see note to T J to William Barry Grove, 12 Apr. 1792). The I M P O R T A N T Q U E S T I O N involved in the case of Mildred v. Dorsey was whether Article I V of the Treaty of Peace, which provided for the recovery of the full value in sterling money of debts owed to British creditors, took precedence over a 1780 act of the Maryland legislature, which allowed Marylanders to discharge their debts to British creditors by making pay­ ments in depreciated paper money to the state treasury. John F . Mercer was one of the counsels for the defense in this case (Summary of Mildred v. Dorsey, n.d.,

enclosed in Phineas Bond to Leeds, 15 June 1791, P R O : F O 4/10, f. 123-32; see also Philip A . Crowl, Maryland Dur­ ing and After the Revolution: A Political and Economic Study [Baltimore, 19431, ch. m). The point at issue in the case of Thomas H A R R I S O N ' S R E P R E S E N T A T I V E S was whether British subjects could inherit property in Maryland. Harrison, a res­ ident of Baltimore, attempted to devise the proceeds of the sale of his estate to his nieces and nephews in England, but the chancellor of Maryland disal­ lowed the transfer in 1789 (Summaries of Thomas Harrison's Case, n.d., enclosed in Phineas Bond to Leeds, 12 July, 10 Nov. 1789, P R O : F O 4/7, f. 134-5, 2801). In November 1789 the Maryland leg­ islature passed an A C T whereby the state relinquished its right to escheated prop­ erty and enabled aliens who had purchased or acquired such property since 1779 to hold it on the same terms as naturalized citizens of Maryland (Laws of Maryland . . . [Annapolis, 1790], ch. xxrv). T J sought information about these cases because of George Hammond's suggestion that they were infractions of Article rv of the treaty of peace—the former because it abated the payment of wartime interest on British debts and the latter because it restricted the right of British subjects to hold property in America that might be tendered in payment of debts (Hammond to T J , 5 Mch. 1792; see also Phineas Bond to Grenville, 12 Oct. 1792, A H A , Annual Report, 1897, p. 512-3).

[446]

From Henry Remsen D E A R SIR

N e w York April 23d. 1792

I had the honor of receiving your favour of the 14th. on the 15th.; but a desire to communicate such intelligence as might be relied on, respecting the calamitous event which has happened here, and the proceedings of the mob, induced me to delay it until now. A very intelligent person who is interested in the funds of the U . S . , but who has not meddled with them for a twelvemonth past, and can therefore be supposed to speak without biass, attributes the whole of this business to Mr. Duer. Astonished at the rapid rise of the funds, he took such pains to ascertain it's cause, as to discover enough to convince him that it was without foundation, and originated in the spirit of monopoly. In this enquiry, he found that Duer had formerly, and at very enhanced prices, contracted to receive from different people and about at the same time, a number of the New York bank shares, exceeding considerably the number in existence. When the time for delivery arrived the shares were not to be had; and the consequence was, that those which did exist rose almost immediately 40 pr. Cent, and Duer received the difference of price. His success with respect to this plan, gave birth probably to the other for monopolizing the stocks of the U . S . , and which has ended in his disgrace and the ruin of many of his fellow citizens. At first he purchased this kind of stock on his own account and on credit, and pledged it to the endorsers of his notes as security: but it continuing to rise, they associated themselves with him in business to appearance so very profitable, and formed themselves into a company, known among the stock dealers by the name of the 6 pr. Cent company. Their purchases and dealings however were extended to all kinds of stock. It is believed, and with reason that Duer alone knew the true state of their funds, and that the others (W. Livingston, Macomb, Whippo &c.) conceived themselves perfectly safe till very lately. Besides the monopoly by the company, Duer was engaged in a monopoly of Stocks on his own acct.; and finding no other people to endorse his notes whose credit was sufficient, he engaged John Pintard (formerly interpreter of the french language for your Departmt.) to procure money for him at an usurious interest, and allowed him £ 1 0 0 0 pr. annm. for his services. Pintard employed the lower kind of brokers to effect it, and was extremely successful in raising money, principally among the middling and poorer classes of people. It was the practice of these brokers, who are little better than robbers, to go into every house where they thought there was money, [447]

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and also to ascertain which of the small traders kept running accounts with the bank (for many of them did, and do still) and to ask them whether they had any money to put out on good interest, offering 1, 2 or 3 pr. Cent pr. Month as they found it necessary. To those who hesitated they offered a greater interest—and there are instances where they have applied 4 or 5 times in vain, and succeeded in the 5th. or 6th. application, by encreasing their offers. The lenders then received notes signed by Duer and endorsed by Pintard, with the assurance that they were perfectly safe, as he received a transfer of stock more than sufficient to cover every note he endorsed. This went on some months, and probably some notes were renewed several times, the interest being discounted or added to the principal on the renewal. But it is to be observed, that as money grew scarcer the interest was raised from 1, 2 and 3, to 4, 5 and 6 pr. Cent per month.—Several procuresses, and other people of the same character became creditors of Duer in this way. The high prices given by the Company, and by Duer, for stocks from the commencement of their late rise, which was I believe in November or December last, occasioned a great influx from every part of the continent. This market concentrated 9/10th. of the quantity that was held merely for speculation at one time. A part of it was bought directly by the company or Duer for cash, and the cash carried away; but a very considerable and perhaps the greatest part by merchants, or men who possessed money or credit. These gave for it 22/, 23/ or 24/ cash, and sold it to the company or Duer on credit, some payable for when delivered, and others payable for at a future day and deliverable immediately, for 25/, 26/ and 27/. There are others who bought for 22/ and sold for 23/; these sold for 24/, the third purchaser sold for 25/, the fourth for 26/, the fifth for 27/ or 28/, the last purchaser being the company. All these dealings were on credit. The company failing and the stock falling in value, much lower than the first price of 22/, every one of those persons lose, some their whole fortunes, others the greater part of it. It would be impossible to relate the particulars of this ruinous business. The sum of it is, that the wealthy people who engaged in it have lost by the company, and the less wealthy by Duer, thro' the agency of Pintard. It has totally annihilated all confidence between man and man, and checked in a most surprising degree merchandizing and fair trade. It appears that the Company intended to raise 6 pr. Cents to 30/, and 3 pr. Cents and deferred to 20/ each; and that they would privately sell a part of their own stock to raise money, in order to effect their [448]

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object by exaltg. the public value of it, and thereby induce people to buy. It might be supposed that this business was quite important enough to engage the whole time and attention of one man, but the fact proves the contrary. Duer's projecting spirit could not brook confinement to a single object however important. After settling a plan of operations with Pintard for the part he was to act in the department assigned him, and furnishing him with blanks for notes ready signed, to be filled up as occasions required, and after fixing principles whereon the agent of the 6 pr. Cent company was to govern himself, Duer in conjunction with W. Livingston purchased a large ship, and sent her with many thousand dolls, to India. Of one man alone they got 80,000 dollars, on giving their note for 100,000 payable on the ship's return. He also bought a large tract of territory in one of the Eastern States, and contracted for many parcels of land in N . Jersey, in the vicinity of the spot contemplated for the establishment of the manufactory. He was already largely interested in lands on the Ohio; and had the contract for supplying our army with rations, and the frenchmen on the Scioto also with rations. It is said here that the U . S . will experience some loss on account of his not having taken up the drafts of his agent, who was stationed at fort Pitt to pay for the provisions destined for our troops; Geni. St. Clair having been obliged to endorse them, which makes it the duty of the U.S. to pay them. Before McComb engaged in speculation, he was in high repute and of extensive credit: His landed estate alone was computed to be worth £60,000: But just before he declared himself a bankrupt and while he was tottering, he has been guilty of many vile, unprincipled acts, such as delaying the declaration of his bankruptcy until after the sailing of the packet, that advices of his situation might not go by her to England, receiving stock to a great amount on the 2d. of April, and assuring upon his honour those who delivered it, that he was able to and would pay for it on the 13th.—remitting this very stock, and all other that he possessed by the packet to England to comply with a contract there—selling bills under such assurances of their being honored, as could not be disputed, to the amount of 80,000 £ Stlg., when he knew his failure to be inevitable; and also conveying beyond the reach of his creditors all his property here, whether real or personal. He is now in gaol with Duer—Whippo and Pintard have secreted themselves—and W. Livingston has retired to his country seat amidst his tenants. Among the less notorious dealers and defaulters, [449]

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1792

the fulfilment of Contracts has ceased, and they appear to be entirely dissolved and disregarded. Things in general however wear a better aspect than they did a few days since, and the stocks are getting up slowly to par. Three or four days after the sailing of the English packet, a pilot boat, similar in construction and size to the Virginia built boats that ply in the Chesapeake, was dispatched for England. Many think she will never get there, being too small to escape should the weather prove tempestuous. It is conjectured that the holders of Macomb's sterling bills sent her off with the hope of her reaching England before the packet. Others suppose that Macomb himself sent her, dreading that some intimation of his approaching fate had been sent by the packet, while a few think that she conveys dispatches from the Secretary of the Treasury for our bankers in Holland. The first two appear to me to be probable; but the real object remains a secret to all except those who sent her. A gentleman wished to send a letter by her, but the Captn. refused to take it, and said £ 1 0 0 0 should not tempt him to carry it. The collection of people about the gaol has consisted chiefly of boys and servants, who went from a motive of curiosity rather than the design of doing mischief. They assembled in consequence of handbills dispersed thro' the city, by some unknown person, exciting the citizens to inflict punishment on the authors of their wrongs, since they could obtain no redress. It is said some attempts were really made by a few individuals to enter the gaol. The magistracy thought it necessary to have a guard of constables and watchmen in it every night. On one or two nights the crowd stoned the gaol, and broke some windows and lamps; but it is a question whether this disorderly behaviour did not proceed from resentment against the constables & c , who in several instances treated the persons who were quiet spectators with great rudeness, for not retiring to their homes. For the two past nights there has been no collection of people at the gaol. During the two nights of the greatest disorder, no lives were lost nor limbs broken, neither were the militia called out, or a gun fired.—The public mind is however so far from acquiescing in the series of calamitous events with which it has been aflicted, day after day, that but little address would be necessary to raise a mob that all the force of the city could not withstand. In every place Duer and his associates are execrated, and it is a remark in every person's mouth, that were they torn to pieces, or hung without undergoing any form of trial, it would be only a necessary example and a just punishment. I do not apprehend any thing serious while they remain in confinement, since their creditors seem bent more on recovering a part of the property which is concealed, than on inflicting [450]

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punishment personally; but it will be dangerous for either of them to appear again in public, unless they previously surrender their property. Suffer me here, Sir, to obtrude an idea which may suggest some advantages to the Government and it's citizens. However well meant the law for reducing the public debt was, there have been disadvan­ tages resulting from the manner of purchasing on the part of the U . S . , that more than balance, in my mind, the advantages from the reduction that has been made. On the development of Duer's and the company's plans they were evident. The 6 pr. cent stock fell to 18/9, and the other kinds in proportion. Had Government then purchased to the extent of it's ready money, or it's resources, privately, instead of com­ ing forward with fixed prices, they would with the same money have got more stock than they have done. The money thrown into circula­ tion would have been the same and have afforded equal relief, and it would in addition, by reducing in a greater quantity the stock kept for speculation, have rendered the residue of a more stable value. It strikes me that money is rather scarce in this country; barely sufficient for a circulating medium. If then in this rage for speculation the mat­ ter of speculation, that is the stocks, can be reduced in quantity, the more advantageous it would be for the community. In the last public purchase but a small proportion that was offered could be taken—in fact it commenced and ended in a moment—for all had their papers ready and handed them in at the same time. The consequence was, that what was refused fell almost as low as it was before. Besides many supposing the treasury of the U . S . to be an inexhaustible mine, and arguing from precedt. bought on credit; and thus what was intended as a relief, did in a certain degree operate as an evil. Had the Gov­ ernment a sum in it's coffers sufficient to pay off the whole, or only half of it's debts at once, perhaps it would be true policy to purchase publicly. To any objection to private purchases, may [be] opposed the irredeemibility of the 6 pr. Cents; for few can believe that the contin­ uance of the debt will prove a blessing. Nay the merchants, who it was supposed would feel none of the duties imposed on the articles of their trade for paying the interest, further than as far as their own consumption went, complain, and say that commerce is scarcely worth pursuing on this very account, and that they are stretched almost to a violation of our commercial laws. I hope you will excuse me for thus offering my opinion without asking, or even without being warranted by any circumstance, except the favorable opinion you have been pleased to express of me.—Indeed, Sir, I feel much obliged by your friendly and delicate conduct while I had the honor of being employed in your Office; and I assure you [451]

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nothing but the most pressing necessity could have induced me to a change. I knew, and I have since experienced, that no person but myself could do justice to my mother, and my young brothers and sisters, in attending to the concerns of my deceased parent. I am under the most grateful and lasting acknowledgments for the certificate you favored me with, which is more full than I expected; and I regard it as a testimonial to be of use whenever I should have occasion to exhibit it. I shall not venture, Sir, to trouble you with any reflections on the pamphlet I sent you, further than to observe, that whoever has read it of my acquaintance, have ascribed it to party spirit, and envy— to disappointed ambition perhaps—but none have to what the author asserts his design to be, in publishing it, the public good. To one who has given up the peaceful enjoyment of domestic happiness, and devoted the best part of his life to the public, to uninterrupted labour and incessant cares, it would be a cruel sensation did he suppose the pamphlet above mentioned spoke the public voice, but as he must know it does not, that it is only intended to serve a political movement, and the purpose of party, he must have the approbation not only of his own conscience, but the approbation of all those who are honest and good men. You know so much of pamphleteers in Europe, Sir, and of their capability to blacken the best of men and measures, that I persuade myself you consign the one in question to the forgetfulness he deserves. I have heard it conjectured that Mr. Ames was the author, but Mr. King disbelieves it, or pretends to do so. I cannot yet judge whether Govr. Clinton or Mr. Jay will be elected. Their advocates are respectively very zealous and sanguine. The great sale of land to Macomb has lessened Govr. Clinton's interest among the farmers in the upper part of the state, where he was formerly very popular; but in this city and indeed in the whole southern district of which this city is only a small part, he will have a decided majority of votes. Mr. Jay has gone on the Eastern circuit, and will not return before the election is over.—I have the honor to be with great respect and attachment, Dr. Sir Your obliged & obedt. Servt. HENRY REMSEN

P.S. I must not omit to mention a rumour of Mr. King and Mr. Lawrence the one a Senator and the other a Representative from this State in the legislature of the U.S., being among the unfortunates in speculation. The latter very deeply. R C ( D L C ) ; endorsed by T J as received 24 Apr. 1792 and so recorded in S J L .

The TORY

[452]

ESTABLISHMENT OF T H E MANUFAC-

was to be under the auspices of

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the Society for Promoting Useful Manu­ factures of which William Duer himself was governor. Governor George Clinton was under heavy criticism from his Fed­ eralist adversaries for having approved, in his capacity as a member of the New York Land Office Commission, a G R E A T S A L E O F L A N D to the notorious specula­

1792

tor Alexander Macomb, under the terms of which Macomb purchased more than 3,600,000 acres of state land for 8 cents an acre (Alfred F . Young, The Democratic Republicans of New York: The Origins, 1763-1797 [Chapel Hill, 1967], p. 23943).

To Samuel Smith SIR Philadelphia Apr. 23. 1792. I have been prevented by business from sooner answering your favor of the 15th. In the mean time you will probably have seen a correspondence in the public papers between Mr. Hammond and myself explanatory of the subject of your letter. Lest you should not however I have the pleasure to inclose it to you. Still I think it will be prudent in merchants who send vessels to England, to instruct them to make due enquiry before they commit themselves so far in an English port. I am with great respect Sir Your most obedt. humble servt., TH:

JEFFERSON

P r C ( D L C ) ; at foot of text: "Colo. Saml. Smith." T J probably sent Smith the texts of his 11-12 Apr. 1792 exchange of correspondence with George Hammond printed in the 19 Apr. 1792 issue of the National Gazette.

To William Carmichael and William Short GENTLEMEN

Philadelphia Apr. 24. 1792.

My letter of Mar. 18. conveyed to you full powers for treating with Spain on the subjects therein expressed. Since that our attention has been drawn to the case of fugitive debtors and criminals, whereon it is always well that coterminous states should understand one another as far as their ideas on the rightful powers of government can be made to go together. Where they separate the cases may be left unprovided for. The inclosed paper, approved by the President, will explain to you how far we can go in an agreement with Spain for her territories bordering on us: and the plan of a convention is there stated. You are desired to propose the matter to that court, and establish with them so much of it as they approve, filling up the blank for the manner of the demand by us and compliance by them, in such way as their laws [453]

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and the organization of their government may require. But recollect that they bound on us between two and three thousand miles, and consequently that they should authorize a delivery by some description of officers to be found on every inhabited part of their border. We have thought it best to agree specially the manner of proceeding in our country on a demand of theirs, because the convention will in that way execute itself, without the necessity of a new law for the purpose. Your general powers being comprehensive enough to take in this subject, no new ones are issued. I have the honor to be with great respect, gent, your most obedt. & most humble servt., TH: JEFFERSON R C ( D L C : Short Papers); at foot of text: "Messrs. Carmichael & Short." P r C ( D L C ) . Dupl ( D L C : Short Papers); at head of text: "(Duplicate)"; in clerk's hand, except for signature; endorsed by Short. F C ( D N A : R G 59, D C I ) . Enclo­

sure: T J ' s proposed convention with Spain concerning fugitives, dated 22 Mch. 1792, printed above as enclosures to T J to Washington, 22 Mch. 1792 ( P r C in D L C : Short Papers; in clerk's hand except for signature).

To William Carmichael SIR Philadelphia Apr. 24. 1792. I have the honor to inclose you copies of some papers received from General Irwin as guardian to a young citizen of this state, entitled in right of his father to certain lands in West Florida. Also copies of papers in the case of David Beveridge, a citizen of the U . S . complaining of losses sustained at the Havanna by undue proceedings of the officers of the government there: and I am to desire you to make application -to the court of Madrid for that redress which the justice and friendly dispositions of the court give us reason to hope. Be so good as to give information here of your progress and prospects in these sollicitations, and to do the same as to the former ones referred to you, and most particularly that relating to the Dover Cutter. I have the honor to be with great esteem, Sir, Your most obedt. & most humble servt., TH: P r C ( D L C ) . F C ( D N A : R G 59, D C I ) . The enclosed papers from General William Irvine were enclosed in Irvine

JEFFERSON

to T J , 22 Apr. 1792. T h e documents pertaining to David Beveridge have not been found (see T J to Beveridge, 25 Apr. 1792).

[454]

To Samuel and Sheppard Church GENTLEMEN

Philadelphia Apr. 24.

1792.

The President has referred to me your letter, covering that of John Church, dated from the Havanna Oct. 91. It does not appear from these papers of what country he had been a citizen. It is presumable he was not of the United States because engaged in a traffic unauthorized by the laws of the United States. His application to the Commander of a British ship of war induces a conjecture that he had been a British subject. But having settled as a Goldsmith at the Havanna, and there carried on his trade two years, and appearing to have been of St. Augustine before that, he had made himself a Spanish subject, was liable to their laws, was charged and found guilty of an offence against their government, by the competent authority of the country, and is now under punishment for that offence. Were he a citizen of the U . S . we should be bound to respect the judgment pronounced on him by the regular authority of the country, till it's injustice should be proved palpably. But having made himself a Spanish subject, we have no more right to enquire into that judgment than the court of Spain would have to do the same with respect to the criminals now in our jails. I am sorry therefore to be obliged to give it as my opinion, that it is a case in which this government ought not to interfere.—I am gentlemen Your most obedt. humble servt., TH: JEFFERSON PrC (DLC). FC (DNA: R G 360, D L ) . TJ's refusal to intercede on behalf of John Church was well justified by the facts described in John Church to Wash­ ington, October 1791 (DNA: R G 59, MLR). In the C O V E R I N G letter to the President, Samuel and Sheppard Church noted that John Church had been moved

from Havanna to a prison in Cadiz where he had tried in vain to interest William Carmichael in his case. As a result, they urged Washington to give directions that application may be made to the Spanish Government for his release from Confine­ ment" (Samuel and Sheppard Church to Washington, 20 Apr. 1792, same). 4t

From D'Anmours D R SIR Baltimore April 24 1792. Full of confidence in the marks of friendship I allways received from you, I beg leave to introduce to the honour of your acquaintance, M . Auguette, a Captain of dragoons in the regiment de la Reine, of the french army. He travels this continent with a view to add to a Stock of knowledge which study and former voyages on the other have rendered more than Sufficient to make him a very interresting [455 ]

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acquaintance.—In former days he would have claimed your attention on two accounts; first he is no indifferent hand at chests; Secondly he is really a great Musician both theorically and practically; and among other instruments plays the violin so as to please even ears used to hear the masters of that instrument in europe. But I am affraid the avocations of a minister of State leave you, now, too few moments to give to these recreative talents. However as the merit of that officer is not confined to them, and, on the Contrary Stands upon a much firmer Basis, I Beg for him the honour of your attentions, convinced that his gratitude will equall mine tho' it can never exceed it.—I have the honour to be Dr. Sir Your most obedient & humble Servant, C H E V R . D'ANMOURS R C (MHi); endorsed by T J as received 19 May 1792 and so recorded in S J L .

To Joseph Fenwick SIR Philadelphia Apr. 24. 1792. I have desired Mr. Short to pass through Bordeaux in his way to Spain in order to take up any letters which may be lodged there for him. I therefore now inclose to you a packet for him which I will beg the favor of you to keep till he calls on you for it himself, or till you receive his directions what to do with it. In the mean time if you will be so good as to drop a line to him notifying your having received such a packet, it will oblige. In a letter of Sep. 1. I put under cover to Mr. Short a letter for you with two bills of excha. of about £ 8 0 . steri, praying him to negotiate them and remit the money and letter to you, for obtaining some wine as explained in the letter. I have as yet received no acknolegemt. of the letter from Mr. Short, which gives me apprehension of it's miscarriage. Should it be otherwise, and the commission be yet unexecuted, I leave it to you to judge whether the wines should be ventured before autumn. I take for granted there would be methods of keeping the money from depreciating. I am with much esteem Sir Your most obedt. humble servt., T H : J E F F E R S O N P r C (MHi).

[456]

From Catharine Greene [ca. 2 4 Apr. 1 7 9 2 ] Mrs. Greene best and most respectful compliments to Mr. Jefferson, and will consider herself under the highest obligations to him, if he will have the goodness to write to Mr. Morris giving such directions as he shall think proper, for her sons return to America. She will also thank Mr. Jefferson to direct the enclosed letter to Mr. Morris, as she is not acquainted with his address. Mrs. Greene is much mortifyed to be so troublesome to Mr. Jeffer­ son but as she has no person acquanted with the various circumstances to whom she could apply, she hopes he will pardon her, and receive her grateful thanks. R C ( D L C ) ; undated, but since Mrs. Greene was in Philadelphia at this time, the letter was evidently written about the date of receipt; endorsed by T J as received 24 Apr. 1792 and so recorded in S J L .

Catharine Littlefield Greene was the widow of the noted Revolutionary War hero, General Nathanael Greene ( D A B ) .

To Thomas Leiper SIR

Philadelphia A p r . 2 4 . 1792.

I received some days ago from Mr. Hylton, the gentleman who forwarded my tobacco to me, the statement below. By this it appears that there were two hhds. of which I had not notice. I presume they came during my absence, and were the two for which there was no bill of lading, and are to be added to the 39. of which I gave you a statement before. The two which he mentions last are now arrived here in the Thomas, Capt. King, and you will be so good as to receive them. It will be necessary to weigh them, as they have not sent me the weights. These making it in all 43. hogsheads, are the whole of the crop of 1790. which I sold you. I should now therefore be glad to settle the account and close that transaction. Mr. Hylton (who past thro' here to New York on Sunday) informs me my crop of 1791. is now at the warehouse. He speaks highly of the quality. I must decide on it's destination, whether to Europe or this place before his return which will be on Saturday, and shall be willing to treat with you about it. I am Sir your very hble. servt., TH:

[457]

JEFFERSON

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1792

13. hhds. shipd. on board the Union Capt. Toulson 4. do. by the Thomas Capt. Stratton. 22. do. by do. June 16. 2. do. by do. taken from Ball's warehouse at Manchester, no acct. or bill of lading given. 2. do. by do. shipt last month, say March 92. 43. hhds. P r C (MHi).

From John F. Mifflin D E A R SIR Tuesday Morning April 24. 1792 I find on Examination that the Case you alluded to [in which the Executors of Bond or the Executors of Osburn were Plaintiffs against the Executors of Samuel Mifflin Defendants] was subsequent in Point of time to the Publication of Dallas's Reports, but the Doctrine you mention of the Court allowing no Interest on British Contracts dur­ ing the Continuance of the late War has been often affirmed by the Supreme Court of Pennsylvania and is mentioned by the Court in Williams versus Craig (Dallas's Reports. 313) as a point settled.—I am Sir with much Respect Your very humble Servant, J O H N F.

MIFFLIN

R C ( D N A : R G 59, M L R ) ; addressed: "Thomas Jefferson Esquire High Street"; endorsed by T J : "Ozborne v. Mifflin's exrs."; brackets in M S . Not recorded in S J L .

To William Short D E A R SIR Philadelphia Apr. 24. 1792. [In my private letter of Mar. 18. J 1 gave you notice I should lodge subsequent ones perhaps at Bordeaux, after which I know no prospect of writing to you again till you leave Spain, with any hope of your getting the letter. [I mentioned to you the failure of some of the primary speculators, in New York. The crush has been tremendous and far beyond our expectation at that time. The dead loss at New York has been equal to the value of all the buildings of the city, say between 4. and 5. millions of dollars. Boston has lost about a million. 1

[458]

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1792

This place something less. Paper of the debt of the U . S . is scarcely at par. Bank stock is at 25. per cent. It was once upwards of 300. per cent. Judge what a slam you would have suffered if we had laid out your paper for bank stock.] The losses on this occasion would support a war, such as we now have on hand, five or six years. Thus you will see that the calamity has been greater in proportion, than that of the South sea in England, or Law's in France. [Tho it would have been improper for me to have given, at any time, an opinion on the subject of stocks to Mr. Brown, or any man dealing in them, yet I have been unable to refrain from interposing for you on the present occasion. I found that your stock stood so as not to charge Donald & co. I knew Brown to be a good man, but to have dealt in paper; I did not know how far he was engaged; I knew that good men might sometimes avail themselves of the property of others in their power, to help themselves out of a present difficulty in an honest but delusive confidence that they will be able to repay, that the best men and those whose transactions stand all in an advantageous form, may fail by the failure of others. Under the impulse therefore of the general panic, I ventured to enter a caveat in the treasury office against permitting the transfer of any stock standing in your name or in the name of any other for your use. This was on the 19th. of April. I knew your stock had not been transferred before Mar. 31. and that from that time to this Mr. Brown had not been in Virginia, so as to give me a reasonable confidence that it had not been transferred between the 1st. and 19th. inst. If so, it is safe. But it would be still safer invested in Ned Carter's lands at 5. dollars the acre,] at which price I believe they could be bought. If you think so, and will send me authority, I am going to Virginia in July or August, and will execute the commission for you. 1

1

The last letter reed, from you is of Dec. 30. That acknoleges my letters to you no later than July 28. since which I have written as follows. public private The letter of Sep. 1 covered a bill 1791. Aug. 29. 1791. Sep. 1. of exchange of John Vaughan on Nov. 9. Le Coulteux for 1000. livres and Nov. 24. Nov. 25. ^ another for £ 4 0 . steri, to be negotiated and remitted to Mr. Fen1792. Jan. 5. 179[2] Jan. 6. Jan. 23 Jan. 28. wick at Bordeaux to buy me a Mar. 18. Mar. 18. stock of wines, and I inclosed a letter for him as to the disposal of the money. In my letter of Nov. 25.1 desired you to engage and send forward 30. dozen bottles of M . D'Orsai's best still Champagne for the President. Having no acknolegement [459]

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1792

of these letters I begin to fear they have miscarried. If they have come to hand since Dec. 30. I hope you will have executed the commissions before your departure for Spain.—We expect Mr. Pinkney here every day on his way to England, where he will probably be by the begin­ ning of July. Congress will rise in about ten days. Adieu my dear Sir. Your's affectionately, TH: JEFFERSON [P.S. Not knowing how long you may remain in Spain, nor when I can get another letter to you, I am to desire that your public letters of the ensuing fall and winter may not be addressed to me by name, but to 'the Secretary of State for the U . S . at Philadelphia.'] 1

RC (ViW); at head of text: "Private"; endorsed by Short as received at Bordeaux on 14 Jan. 1793. PrC (DLC). PrC of Extract (DLC); at head of text: "Ex­ tracts from the private letters of Th: J . to William Short," entirely in TJ's hand, consisting, with some variation in phrase­

ology, of the extracts indicated in brackets and notes to the above letter, the one fol­ lowing, and also that of 18 Mch. 1792. 1

Portion in brackets extracted by T J and placed with others in extract described above.

To William Short D E A R SIR Philadelphia Apr. 24. 1792. [I had sealed my letter before I discovered that I had omitted to desire of you, while at Madrid, to procure if possible some account of the dollars of that country from the earliest to the last, stating their dates, places where coined, weight and fineness. Such a statement, if it can be here in time before the next meeting of Congress (Nov. 1.) to enable them, before we begin our coinage, to place our unit on a proper footing, will be of great and permanent importance.] 1 beg leave there­ fore to recommend this commission to your earliest attention. Mr. Rittenhouse is appointed Director of the mint. I am with sincere esteem Dear Sir your affectionate friend & servt., TH: JEFFERSON 1

RC (DLC: Short Papers); endorsed TJ to Short, 18 Mch. and 24 Apr. 1792 by Short as received at Bordeaux on 14 above). Jan. 1793. PrC (DLC). PrC of Extract (DLC); consisting of that part of the text, Portion in brackets extracted by T J with some variation in phraseology, indi- and placed with others in extract described cated in note 1 below (see also notes to above. 1

[460]

Affidavit of Samuel Bayard Philadelphia April 25th. 1792. I do hereby certify that there never has been, either originally insti­ tuted, in the Supreme Court of the United States, or removed there, from any inferiour Court of the United States, any suit or claim, between a subject of the King of Great Britain on the one part and a citizen, or citizens of the United States on the other.—As witness my hand,

SAML BAYARD Clk

of the Supreme Court of the United States M S (DNA: R G 59, M L R ) ; endorsed. P r C ( D L C ) ; in Lambert's hand; at head of text T J added "No. 48." (this being one of the documents appended to T J to Hammond, 29 May 1792). Not recorded in S J L .

To David Beveridge Apr. 25. 1792. T h : Jefferson presents his compliments to Mr. Beveridge and informs him that he has this morning forwarded copies of his papers to Mr. Carmichael, with an instruction to sollicit redress from the court of Spain. P r C ( D L C ) . T J was probably responding to Beveridge's letter of 14 Apr. 1792, recorded in S J L as received 15 Apr. 1792, but not found.

From C. W. F. Dumas The Hague, 25 Apr. 1792. Since his last of 21 Feb. his health and Europe's have been poor.—He learned more than a month ago of Short's appointment as minister but has heard nothing from Short himself.—His ene­ mies and those of the U.S. have struck a deadly blow by offering one of his sons-in-law a court appointment on condition that he cease to communicate with Dumas. The young man's pusillanimity has severed all relations between them. Consequently Dumas now lives among strangers, deprived of one of the greatest consolations of old age. In this extremity he is grateful for the benev­ olence of the U.S. and asks God to forgive those responsible for his miseries. Short, to whom he will deliver a recently arrived letter from T J , can always rely on his services.—France declared war against Austria on the 20th of last month. Orders were sent to the French armies and couriers were dispatched to the other countries of Europe with news of this declaration on the following day. Lafayette should be the first in action.—Short has gone to Madrid where [461]

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the present situation in Europe should facilitate his efforts with Carmichael to resolve the Mississippi question. Once that matter is settled he looks forward to enjoying Short's company here. F C (Dumas Letter Book, Rijksarchief, T h e Hague; photostats in D L C ) ; 2 p.; in French; at head of text: "No. 88." R C (missing) is recorded in S J L as received 25 Aug. 1792; duplicate (missing) recorded in S J L as received 23 Sep. 1792.

From the Senators and Representatives of Georgia SIR April 25th. 1792 In answer to your note of the 16th inst. we must say that we know of no instance of a recovery in the State of Georgia by a British creditor against his debtor: we say with equal truth, that we know no instance of any judgment against such recovery since the ratification of the treaty of peace as the creditors instead of resorting to the law, have settled, or are in a course of settling in an amicable way with their debtors: and we are still further able to assure you that the federal court is as open and unobstructed to British creditors in Georgia as in any other of the United States.—With great respect we are Sir, your obedient humble servts. W. F E W J. GUNN ABR. BALDWIN FRANS: W I L L I S R C ( D N A : R G 59, M L R ) ; in an unidentified hand, except for signatures; endorsed by T J : "Georgia." P r C ( D L C ) ; in Lambert's hand; at head of text in T J ' s hand: "No. 56." (this being one of the letters appended to T J to Hammond, 29 May 1792). T r ( D N A : R G 59, S D R ) ; at head of text: "No. 56." Not recorded in

S J L or S J P L . T J ' s N O T E of 16 Apr. 1792 has not been found. It was undoubtedly a variant of the circular letter to southern representatives and senators described in note to T J to Senators and Representatives of Virginia, 11 Apr. 1792.

To Catharine Greene Apr. 25. 92. Mr. Jefferson presents his most respectful compliments to Mrs. Greene, and will with great pleasure write to Mr. Morris, on the subject of her son's return, forwarding her letter at the same time. He thinks Mrs. Greene concluded that he should return by the way of [462]

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London. If he is mistaken she will be so good as to correct him, as his letter to Mr. Morris will otherwise be on that supposition. PrC (DLC).

From Catharine Greene SIR April 25th. I am grieved to think of the trouble I already have and am still likely to give you, and would gladly offer (if it were in my power), a suitable return for your disinterested goodness. I have written to Mr. Morris, my wish—to have George sent to England—either to my friend Mrs. Redwood, or to Mr. Pinkney, who is also my friend. If Sir you will have the goodness to make the necessary arrangement for his return, you will relieve me of an infinite weight of anxiety, as well as confer the highest obligation on Sir Your most obedient and Grateful Humble servt., CATH. G R E E N E N.B. I have written to Mr. Morris, that George's bills will be paid, by drawing on Saml. Ward & Brothers N York.—If you Sir can think of a method which will be more eligible, and will point it out, it shall be complyd with. C. G . R C ( D L C ) ; addressed: "Mr. Jefferson"; endorsed by T J as received 25 Apr. 1792 and so recorded in S J L .

To Richard Henry Lee Apr. 25. 1792. T h : Jefferson presents his respects to Colo. R. H . Lee and returns the paper he desired. He awaits the effect of the applications spoken of, before he will move in the case of Mr. Church. P r C ( D L C ) . Lee's letter to T J of 23 Apr. 1792 is recorded in S J L as received 24 Apr., but it has not been found.

[463]

From Gouverneur Morris L o n d o n 25 April 1 7 9 2 I had the Honor on the tenth Instant to mention to you the Assas­ sination of the King of Sweden. He is since dead of his Wounds. You will find by the public Prints that France declares War against the young King of Hungary and we are of Course to expect an immedi­ ate Invasion of the Austrian Netherlands. I am told that this Court notwithstanding their Guarantee of that Country to the House of Aus­ tria are determind (if possible) to stand neuter, and as a preliminary have within these few Days sent off a Courier to announce to the King of Hungary their opinion that let the Declaration of War come from whom it may they consider him as the Aggressor. This may be true for a large Party in this Nation are opposed to the Expence of any War and particularly to that whose Object may be the Subduing of a Spirit of Liberty in France. Mr. Pitt will I think rather take the popular Side of any serious Question and such Questions may soon arise and abundantly. A Society is forming to bring about a Reform in the Representation. This is like to prove very troublesome to the Advocates of corrupt Influence. The Abolition of the Slave Trade is also disagreable to them. When once the Spirit of Change begins to act it is impossible to say where it will stop. There are Abuses in Abundance which either grow out of the present Form of Govern­ ment or have been so long connected and indeed blended with it that a Destruction of them cannot but give it some serious Wounds. Hence there is among the best Friends of Freedom here no small Degree of Apprehension and Anxiety. In Regard to the Line of Conduct which may be pursued in Brabant I do not believe that the King's Council are at all decided. The Dutch Government have for some Time past pressed hard for a Decision but without Effect. The patriotic or french Party in the United Provinces will perhaps seize the present Moment to abolish the Office of Stadtholder unless his Allies are in Force to support him and awe them. If it be true that the present Intention be to preserve a Neutrality it seems to me that in Case the War continues it will be easy for Prussia and Austria to force them into it simply by leaving the low Country exposed, for it is almost as much the Interest of England as of the King of Hungary and much more so than of the Kingdom of Hungary to prevent France from possessing herself of Flanders. It is generally supposd that this Declaration of France will bring forward the whole of the Confederacy against her which has been so D E A R SIR

[464]

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long talk'd of, but this Confederacy has several inefficient Members: Among these is Spain the Languor of whose Administration is as great as at any former Period of her History, and perhaps much greater. By the bye I have learnt within these few Days a Fact which it is proper you should be acquainted with. The Presidt's Letter to me and my consequent Communications with this Court were made immediate Use of to frustrate Mr. CarmichaePs Negotiations at Madrid and with Effect. And yet I understand that the mentioning a Part of the Object to the french Embassador has been assign'd by this Administration or by Somebody for them as a Reason why my Applications were not successful. I will make no Comment. I am sure the proper Reflections will suggest themselves to your Mind in a Moment. I shall leave this City in two Days and proceed with all Speed to Paris. I did wish to see Colo. Smith who is I understand on his Passage and probably charg'd with some Letters from you but Mr. Short is urgent with me to come forward and therefore I shall go. F C ( D L C : Morris Papers); in Morris' hand. Recorded in S J L as received 10 July 1792. The S O C I E T Y of the Friends of the Peo­ ple was founded in April 1792 by Whig followers of Charles James Fox to pro­ mote more equitable parliamentary rep­ resentation and more open parliamentary elections (Donald G . Barnes, George m and William Pitt, 1783-1806 [Stanford Univ., Cal., 1939], p. 215). Washington authorized Morris in Octo­ ber 1789 to act as his unofficial agent in ascertaining the intentions of the British government with respect to complying with the Treaty of Peace and con­ cluding a treaty of commerce with the United States (Washington to Morris, 13 Oct. 1789, Fitzpatrick, Writings, xxx, 439-42). T h e Spanish government, evi­ dently through the agency of the Mar­

quis del Campo, the Spanish ambassador to Britain, obtained extracts of the let­ ter from Washington authorizing Mor­ ris to undertake this assignment as well as accounts of Morris' conferences with the Duke of Leeds, the British foreign minister. According to David Humphreys, the British minister to Spain artfully used this intelligence to make the Spanish min­ istry suspect that the United States was planning to align itself with Britain during the Nootka Sound crisis, thereby frustrat­ ing William CarmichaePs efforts to resolve some of the most outstanding diplomatic differences between the United States and Spain (Humphreys to T J , 3 Jan. 1791; Carmichael to T J , 24 Jan. 1791). Morris' relationship with the F R E N C H E M B A S S A ­ D O R , the Chevalier de L a Luzerne, during his mission to London in 1790 is analyzed

in Vol. 17: 96-102.

From Adam Lindsay D E A R SIR Norfolk 26 April 1792. About six days after the date of my last letter, I received one from you with a bank post note for 24 $ 50 Cts.—You might justly conl

[465 ]

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1792

elude from my long silence that some accident had happened, but my letter of 14th. will I hope set the matter in a clear light. The Catherine Captn. Cunningham is arrived here in six weeks from London. Inclosed is one of the latest papers. Mr. Pitt has been severely attacked for the Rusian Armament, but was cleared of the censure by a very large majority. A Mr. Jenkinson in a maiden speech espouses the cause of ministry and I think will soon be recokoned one of their first-rate speakers. Mr. Pitt observed in introducing the intercourse Bill, that he had sent Mr. Hammond, with an intent to form a Treaty or Treaties with the American States; but until what he has done is known it would be necessary to pass the intercourse bill. We have just had information that the Act of Charles 2d is not to be taken verbatim as Sir John Temple has published it to the world, but to be charged to account of his consul Generalship Blunder; at any rate it has brought a smile on the face of our Mercantile part of the community who were much chop-fallen in the first alarm.—I must beg pardon for this long digression and believe me Dear Sir with respectful esteem Your very hble. Servt.,

A D A M LINDSAY

RC (DLC); endorsed by T J as received 3 May 1792 and so recorded in S J L . 1

This is the first example of a clear use of a dollar sign in Jefferson's papers, although Lindsay wrote double S's with single vertical lines, presumably to indi­ cate plural. Numismatists have searched for the earliest use of $ for a century, at least. Unfortunately, inaccurate transcrip­ tion of published documents has some­ times misled them. Early editors often transcribed as a $ the D used by most Americans to indicate dollars in this era, leading to confusion about its earliest use. DAE, I I , 793, cites an 1857 source that suggests T J was the first to use the dollar

sign. This citation was subsequently used in the Dictionary of Americanisms on His­

torical Principles, ed. Mitford M. Math­ ews (Chicago, 1951), p. 502. That claim was based on the inaccurate transcription of a 1784 document wherein T J had writ­ ten the customary D to represent dollars (38.D.65—the D actually appears over the numerals), which the editor rendered as a dollar sign ($38.65). Every edition of Jefferson's papers repeated the error until an accurate transcription appeared in this edition (Vol. 7: 177). See H. A. Washing­ ton, ed., The Writings of Thomas Jefferson

(New York, 1853), I , 164; Ford, m, 448; and L & B , I , 242.

To Martha Jefferson Randolph M Y DEAR DAUGHTER

Philadelphia Apr. 27.

1792.

I received yesterday your's and Mr. Randolph's of the 9th. which shews that the post somehow or other slips a week. Congress have determined to rise on the 5th. of May. Colo. Monroe and Mrs. Monroe will set out on the 7th. and making a short stay at Fredericksburg pass on to Albemarle. I have reason to expect that my visit to Virginia this [466]

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year, instead of September as heretofore, will be about the last of July, and be somewhat longer than usual, as it is hoped Congress will meet later.—Tell Mr. Randolph that Mr. Hylton informs me 43. hhds. of my tobacco, meaning of my mark, are arrived at the warehouse, and that he shall send them on by the first opportunity. As this cannot possibly be all mine, it must contain Mr. Randolph's, and therefore it is necessary he should enable Mr. Hylton to distinguish his, or it will all come round here. I am to have 5. dollars for mine, payable in September, from which will be deducted about half a dollar expences. Maria is well and joins me in affections to Mr. Randolph and yourself. Adieu my dear. Your's &c. TH: JEFFERSON R C ( N N P ) . Not recorded in S J L . The letters O F T H E 9TH. were both recorded in S J L as received 25 Apr. 1792 rather than the 26th. That from Martha has not been found, but that from her husband is printed above.

To Gouverneur Morris D E A R SIR Philadelphia Apr. 28. 1792. My last letter to you was of the 10th. of March. The preceding one of Jan. 23. had conveyed to you your appointment as Minister Plenipotentiary to the court of France. The present will, I hope, find you there. I now inclose you the correspondence between the Sec­ retary of the treasury and Minister of France on the subject of the monies furnished to the distresses of their colonies. You will perceive that the Minister chose to leave the adjustment of the terms to be settled at Paris between yourself and the king's ministers. This you will therefore be pleased to do on this principle that we wish to avoid any loss by the mode of payment, but would not chuse to make a gain which should throw loss on them. But the letters of the Secretary of the treasury will sufficiently explain the desire of the government, and be a sufficient guide to you.—I now inclose you the act passed by Congress for facilitating the execution of the Consular Convention with France. In a bill which has passed the H . of Representatives for raising monies for the support of the Indian war, while the duties on every other species of wine are raised from one to three fourths more than they were, the best wines of France will pay little more than the worst of any other country, to wit between 6. and 7. cents a bottle and where this exceeds 40. per cent on their cost, they will pay but the 40. per cent. I consider this latter provision as likely to introduce in abundance the cheaper wines of France, and the more so as the tax on ardent spirits is considerably raised. I hope that these manifes[467]

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tations of friendly dispositions towards that country, will induce them to repeal the very obnoxious laws respecting our commerce, which were passed by the preceding National assembly. The present session of Congress will pass over without any other notice of them than the friendly preferences before mentioned. But if these should not produce a retaliation of good on their part, a retaliation of evil must follow on ours. It will be impossible to defer longer than the next session of Con­ gress, some counter-regulations for the protection of our navigation and commerce. I must entreat you therefore to avail yourself of every occasion of friendly remonstrance on this subject. If they wish an equal and cordial treaty with us, we are ready to enter into it. We would wish that this could be the scene of negotiation, from considerations suggested by the nature of our government which will readily occur to you.—Congress will rise on this day sennight.—I inclose you a letter from Mrs. Greene who asks your aid in getting her son forwarded by the Diligence to London on his way to America. The letter will explain to you the mode and the means, and the parentage and genius of the young gentleman will ensure your aid to him. As this goes by the French packet, I send no newspapers, laws or other articles of that kind, the postage of which would be high. I am with great & sincere esteem Dear Sir, your most obedt. & most hble. servt., TH: R C ( N N C ) ; endorsed by Morris; enclo­ sures: copies of Hamilton to Ternant, 8 Mch. 1792; Ternant to Hamilton, 10 Mch. 1792; and Hamilton to Washington, 19 Apr. 1792. P r C ( D L C ) . F C ( D N A : R G 59, D C I ) . Texts of the Hamilton let­ ters are printed in Syrett, Hamilton, xi, 114-17, 122-3, 320. T h e act on the C O N ­ S U L A R C O N V E N T I O N is in Annals, H I , 13603. T J ' s instructions to Morris were only one part of a two-pronged strategy that was designed to achieve his longstanding goal of strengthening the commercial ties between France and the United States in order to lessen American economic depen­ dence on Great Britain. Three weeks before writing the above letter to the American minister to France, T J had sought to enlist the support of the French minister to the United States in this cause. At that time T J met with Ternant for two hours and stated that he and the Pres­ ident both believed that it was impera­

JEFFERSON

tive for France and the United States to conclude a new commercial treaty before the next session of Congress. T h e situa­ tion was urgent, T J explained, because the discriminatory measures the National Assembly had taken against American trade in 1791 made it impossible for him to recommend commercial conces­ sions to France in the report on com­ merce he was preparing for Congress. They also threatened to enable the par­ tisans of Britain in that body to secure passage of retaliatory laws against French trade that would only redound to the advantage of the British. Therefore, he argued, a new commercial treaty was necessary to prevent the outbreak of a trade war between France and the United States and to consolidate the economic and political ties between them. Ternant first responded by contrasting the concessions France had already made to American trade in the commercial treaty of 1778 and the royal decree of 1787 with the Ameri­ can failure to distinguish between French

[468]

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and British shipping in the tonnage laws of 1789 and 1790, but then offered to refer any American proposals for a new commercial treaty to the French government. T J noted that the President had been expecting the French to propose terms for an agreement in consequence of a June 1791 decree of the National Assembly calling upon Louis X V I to negotiate a new treaty of commerce with the United States, but Ternant pointed out that this decree was not binding on the king, though he hastened to add that Louis was in favor of a new commercial treaty. T J thereupon submitted a proposal for a new treaty of commerce that consisted of four terms. First, all French ports in Europe and America and all ports in the United States were to be open to ships of both nations. Second, each nation was to charge ships from the other the same admiralty and tonnage duties imposed on native ships. Third, each nation was to be free to export its own agricultural and manufactured products and to import the other's agricultural and manufactured products subject to the payment of no higher duties than those imposed on domestic products. Fourth, American ships were to be free to export the products of American agriculture and fisheries to the French West Indies and to import therefrom commodities strictly for consumption in the United States while paying a slightly higher duty on the latter than the French. Ternant referred these terms to his superior in Paris as he had promised, but not before first satisfying himself that they represented the views of the President and the "principaux sénateurs" (Ternant to Lessart, 8 Apr. 1792, Turner, CFM, p. 108-12). Having signified American wishes for

1792

a new commercial treaty to the French government through the agency of the French minister to the United States, T J sought to reinforce this message through the intermediation of the American minister to France. Following T J ' s instructions to the letter, Morris called the attention of French Foreign Minister Chambonas to the preferential treatment accorded imported French wines in the recently passed Act for Financing the Defense of the Frontiers and informed him of America's wish for the repeal of the National Assembly's discriminatory measures against American trade and the conclusion of a new treaty of commerce. Chambonas assured Morris that France was equally interested in a new treaty. But the ministerial instability attendant upon the increasing radicalization of the French Revolution made it impossible for the French government to agree on the terms for one until December 1792 when Citizen Genêt was authorized to negotiate a new trade treaty with the United States. By the time Genêt arrived in America, however, war had broken out between France and Great Britain, making a new treaty of commerce with France a less attractive alternative to a Washington administration determined to preserve American neutrality (Morris to T J , 10 July, 1 Aug. 1792; Instructions to Genêt, December 1792, Turner, CFM, p. 207-11; DeConde, Entangling Alliance, p. 161-3). In compliance with Catherine Greene's wishes, Morris arranged for the return of her son, George Washington Greene, to America (Gouverneur Morris, A Diary of the French Revolution, ed. Beatrix Cary Davenport [Boston, 1939], ii, 456n., 460, 462).

From Charles Pinckney SIR April 28 1792 I have received the letter you did me the honour to address to me of the 1st instant in answer to mine of the 8th. January last to the President of the United States on the subject of the re delivery of fugitives from Justice. [469]

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Having submitted the matter to your better Judgement it becomes me to acquiesce as I assure you I do with pleasure in any arrangement you may think proper for placing it upon the best footing our own and the situation of our neighbours will permit. I am much pleased at the agreement entered into with the Governor of East Florida respecting the delivery of fugitive Slaves as I think it will give a new security to their owners in this State and Georgia. Permit me at the same time that I express my acknowledgements for the attention you have paid to these subjects, to hope that you will excuse me for having been obliged to give you so much trouble about them. They were from my own and the particular situation of this part of the Union necessarily pressed upon me and feeling a more than common concern for the character and proceedings of our government, I thought it my duty not to enter upon any correspondence with foreigners upon subjects which were not only of a new impression but of considerable importance, without having previously submitted them in the manner I did. I can have no doubt as has been the case with the Business of the Slaves that the négociation respecting fugitives from Justice will eventually be beneficial, and suffer me to assure you that I shall always consider it as fortunate that I had it in my power to obtain information from so able and distinguished a source.—I am with much Respect Sir Your most obedient Servant, CHARLES PINCKNEY R C ( D N A : R G 59, L G S ) ; endorsed by T J as received 30 May 1792 and so recorded in S J L . The

AGREEMENT

between Governor

Quesada and James Seagrove pertaining to the delivery of fugitive slaves is printed as an enclosure to T J to Governors of Georgia and South Carolina, 15 Dec. 1791.

From George Washington Saturday-'forenoon 28th. April 1792 In strict confidence the President of the U . S . sends the enclosed letter for the perusal of the Secretary of State.—No other person has seen, or been made acquainted with the contents.—It is necessary the Secretary should be informed of the circumstances related in the letter.—Tis possible, these politics may have contributed to the change in the Spanish Ministry.—I wish Mr. Short was, or soon would be, at that Court.—I think also Mr. Morris should be urged to embrace every favourable moment to relieve this Country from the impositions laid by France on our (Tobacco) trade &ca. [470]

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R C ( D L C ) . Entry in S J P L under 28 Apr. reads: " G . W. to T h : J . — a confiden­ tial communication." T J was probably allowed to read Gouv­ erneur Morris' 4 Feb. 1792 letter to Washington ( D L C : Washington Papers; text printed in Gouverneur Morris, A Diary of the French Revolution, ed. Beat­ rix Cary Davenport [Boston, 1939], n, 349-58). In this letter, which Wash­ ington subsequently described as filled with "interesting and important informa­ tion," Morris described at great length recent ministerial changes in France and

1792

speculated that French overtures for an alliance with Great Britain against the Emperor would destroy the Family Com­ pact between France and Spain (Wash­ ington to Morris, 21 June 1792, Fitzpatrick, Writings, xxxii, 61). Washing­ ton evidently attributed the dismissal in February 1792 of Floridablanca, the Span­ ish secretary of state for foreign affairs, to the latter of these factors, but for a more accurate analysis of the Spanish minister's ouster, see Richard Herr, The EighteenthCentury Revolution in Spain [Princeton, 1958], p. 264-5.

To Delamotte SIR Philadelphia Apr. 29. 1792. I have asked the favor of Mr. Morris to send to me a servant lad who lived formerly in my family, and I have taken the liberty of desiring him to address him to you, in hopes you will be able to send him by some vessel bound to Philadelphia, New York or Baltimore. His passage I presume may be paid at the port of delivery. Mr. Remsen at New York, Mr. Curson at Baltimore or myself here will pay it on demand. For his passage from Paris to Havre if he has as much money himself, he had better pay it and settle it with me on his arrival. If not, I must ask the favor of you to do it, and I will repay it to your correspondents Gurney & Smith at this place. Should he be detached at Havre for want of a passage, I will be obliged to you to get him placed in some service in the mean time, so as to keep him out of the way of harm, and lessen expences. Perhaps it might be contrived not to call him from Paris till a passage should offer. I am with sentiments of great esteem, Sir, Your most obedient & most humble servt., TH: JEFFERSON P r C (MHi).

To Joseph Fenwick Philadelphia Apr. 29. 1792. T h : Jefferson presents his compliments to Mr. Fenwick and incloses him a letter, a power of attorney, an extrait baptistaire and certificat [471]

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1792

de vie of Mr. de Rieux his neighbor in Virginia, on the subject of a legacy on which he troubled him before. He cannot better put Mr. Fenwick au fait of Mr. de Rieux' desires on the present occasion than by inclosing de Rieux' letter of March 31. to T h : J . Mr. Fen wick's attention to this business will oblige him and serve a very worthy neighbor. P r C (MHi). Derieux' (missing) letter to T J of 31 Mch. 1792 is recorded in S J L as received 7 Apr. 1792.

From David Humphreys Lisbon, 29 Apr. 1792. There have been no important political develop­ ments in this kingdom since his letter of 30 Mch. The Queen continues to recover gradually. The government pursues the same course and the country enjoys the same peace as before the regency. He now has a reliable source of intelligence about the palace, having formed an intimate acquaintance with Dr. Willis.—Since his last letter the Marquis D'Oyra has arrived as the new Spanish ambassador. Many contradictory reports from Spain leave us uncertain what to believe. A late report of tumults in Madrid has been followed by more dependable intelligence that the city is calm and that strangers can now enter it without permission. Less reliable but generally accepted accounts report that the Spanish court has received Bourgoyne as Minister Plenipotentiary from France, and has declared its definitive intention to cultivate its traditional friendly connection with France while staying out of its internal affairs. He has heard nothing lately from William Carmichael but has received letters from Thomas Barclay.—Europe is in ferment. The death of the Emperor and the attempted assassination of the King of Sweden deeply affect France. Sovereigns must become more concerned with the good will and the interests of their subjects. A wonderful change is taking place in men's minds, in regard to their ideas of Royalty and Nobility. Even the assassinating attack on the King of Sweden is spoken of with infinitely less horror, than it would have been but a few years ago."—By the last English packet he received letters from Joshua Johnson stating that Johnson intends to resign as consul in London if Congress passes the consular bill in its present form. U

R C ( D N A : R G 59, D D ) ; 4 p.; at head of text: "(No. 52)"; at foot of text: "The Secretary of State"; endorsed by T J as received 16 June 1792 and so recorded in S J L . T r (same).

To Gouverneur Morris D E A R SIR Philadelphia Apr. 29. 1792. Being in want of an aid in my kitchen, and having at Paris had one who on occasion could supply his principal, I have desired my Maitre [472]

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1792

d'hotel to write to engage him to come to me. The inclosed letter to a Madame François is on that subject, and I have taken the liberty of desiring that the person (Henri by name) may present himself to you, in hopes that you will be so good as to direct him how to come, that is to say, by the Diligence to Havre, where M . de la Motte will find him a passage. My letter to M . de la Motte, left open for your perusal, will let you see how he is to be provided for. The trouble of forwarding that as well as the letter to Madame François I am obliged to put on you, as well as to encourage the young man to come. There is a possibility he may be married. His wife might probably employ herself advantageously in this city if she can do any thing: but I should not chuse to add the burthen of her passage to that of his. Perhaps he can pay that himself. The wages offered him are those I pay my other servants, 7. Dollars a month and their board and lodging. Pardon my troubling you with this petty business, and be assured of the sentiments of esteem & respect with which I am Dear Sir your most obedient humble servt., TH: JEFFERSON P r C (MHi); at head of text: "Private."

From Joseph Fenwick Bordeaux, 30 Apr. 1792. He encloses a copy of his 13 Feb. letter. The National Assembly on 20 Apr. approved Louis XVTs proposed declaration of war against the King of Hungary and Bohemia. The impact of this declaration on the maritime powers is uncertain. France apparently has no fear of a war at sea. There are no extraordinary preparations in the dockyards, no embargoes or warnings to trading ships by the chambers of commerce, and no call for seamen by the government.—The movements of the armies on the northern frontiers are u n k n o w n . All is quiet in the southern departments. The National Assembly expects England and Spain to remain neutral, especially in view of the recent ministerial change in the latter country.—He has informed Amer­ ican captains in this district of "the rupture the french Nation is now likely to be exposed to."—He requests early information about all new American commercial legislation.—The 12,000 soldiers the French government ordered to the West Indies will have to rely on the United States for "Flour salt provi­ sion and rice" because of a shortage of grain in France.—He encloses a letter from Stephen Cathalan "covering a petition from the unfortunate prisoners at Algiers." R C ( D N A : R G 59, C D ) ; 2 p.; endorsed by T J as received 25 Aug. 1792 and so recorded in S J L . Dupl, not found, is recorded in S J L as received 18 Aug. 1792.

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From James Maury Liverpool, 30 Apr. 1792. He wrote to T J on 9 Apr.—Eleven days later the National Assembly approved Louis XVI's proposal to declare war on the King of Hungary and that evening the Assembly's decree received royal approbation. Stocks here fell by 6 to 7