[The following is the translation of the convention referred to as No. 5, in the preceding letter.]

Convention between his most Christian Majesty and the United States of America, for the purpose of defining and establishing the functions and privileges of their respective Consuls and vice-Consuls.

His Majesty the most Christian King, and the United States of America, having, by the twenty-ninth article of the treaty of amity and commerce concluded between them, mutually granted the liberty of having, in their respective States and ports, Consuls, vice-Consuls, Agents and Commissaries, and being willing, in consequence thereof, to define and establish in a reciprocal and permanent manner, the functions and privileges of Consuls and vice-Consuls, which they have judged it convenient to establish of preference, his M. C. Majesty has nominated the Sieur Count of Montmorin of St. Herent, Marechal of his Camps and Armies, Knight of his Orders and of the Golden Fleece, his Counsellor in all his Councils, Minister and Secretary of State, and of his Commandments and Finances, having the department of foreign affairs, and the United States have nominated Thomas Jefferson, of the United States of America, and their Minister Plenipotentiary near the King, who after having communicated to each other their respective full powers, have agreed on what follows:

Article I. The Consuls and vice-Consuls named by the M. C. K. and the United States, shall be bound to present their commissions according to the forms which shall be established respectively by the M. C. K. within his dominions, and by the Congress within the United States, there shall be delivered to them, without any charges, the Exequatur necessary for the exercise of their functions; and on exhibiting the said Exequatur, the governors, commanders, heads of justice, bodies corporate, tribunals and other officers having authority in the ports and places of their consulates, shall cause them to enjoy immediately, and without difficulty, the pre-eminences, authority and privileges, reciprocally granted, without exacting from the said Consuls and vice-Consuls any fee under any pretext whatever.

Article II. The Consuls and vice-Consuls, and persons attached to their functions, that is to say, their chancellors and secretaries, shall enjoy a full and entire immunity for their chancery and the papers which shall be therein contained; they shall be exempt from all personal service, from soldiers' billets, militia, watch, guard, guardianship, trusteeship, as well as from all duties, taxes, impositions, and charges whatsoever, except on the estate real and personal of which they may be the proprietors or possessors, which shall be subject to the taxes imposed on the estates of all other individuals; and in all other instances, they shall be subject to the laws of the land, as the natives are.

Those of the said Consuls and vice-Consuls who shall exercise commerce, shall be respectively subject to all taxes, charges and impositions established on other merchants.

They shall place over the outward door of their house the arms of their sovereign; but this mark of indication shall not give to the said house, any privilege of asylum for any person or property whatsoever.

Article III. The respective Consuls and vice-Consuls may establish agents in the different ports and places of their departments, where necessity shall require. These agents may be chosen among the merchants, either national or foreign, and furnished with a commission from one of the said Consuls; they shall confine themselves respectively to the rendering to their respective merchants, navigators, and vessels all possible service, and to inform the nearest Consul of the wants of the said merchants, navigators and vessels, without the said agents otherwise participating in the immunities, rights and privileges attributed to Consuls and vice-Consuls, and without power under any pretext whatever, to exact from the said merchants any duty or emolument whatsoever.

Article IV. The Consuls and vice-Consuls respectively, may establish a chancery, where shall be deposited the consular determinations, acts and proceedings, as also testaments, obligations, contracts, and other acts done by or between persons of their nation, and effects left by descendents, or saved from shipwreck.

They may, consequently, appoint fit persons to act in the said chancery, qualify and swear them in, commit to them the custody of the seal, and authority to seal commissions, sentences and other consular acts, and also to discharge the functions of notaries and registers of the consulate.

Article V. The Consuls and vice-Consuls respectively, shall have the exclusive right of receiving in their chancery, or on board their vessels, the declarations and all other the acts which the captains, masters, crews, passengers and merchants of their nation may choose to make there, even their testaments and other disposals by last will; and the copies of the said acts, duly authenticated by the said Consuls or vice-Consuls, under the seal of their consulate, shall receive faith in law, equally as their originals would, in all the tribunals of the dominions of the M. C. King and the United States.

They shall also have, and exclusively, in case of the absence of the testamentary executor, guardian or lawful representative, the right to inventory, liquidate, and proceed to the sale of the personal estate left by subjects or citizens of their nation, who shall die within the extent of their consulate; they shall proceed therein with the assistance of two merchants of their said nation, or, for want of them, of any other at their choice, and shall cause to be deposited in their chancery, the effects and papers of the said estates; and no officer, military, judiciary, or of the police of the country, shall disturb them or interfere therein in any manner whatsoever; but the said Consuls and vice-Consuls shall not deliver up the said effects, nor the proceeds thereof, to the lawful representatives, or to their order, till they shall have caused to be paid all debts which the deceased shall have contracted in the country; for which purpose, the creditor shall have a right to attach the said effects in their hands, as they might in those of any other individual whatever, and proceed to obtain sale of them, till payment of what shall be lawfully due to them. When the debts shall not have been contracted by judgment, deed or note, the signature whereof shall be known, payment shall not be ordered, but on the creditor's giving sufficient surety resident in that country, to refund the sums he shall have unduly received, principal, interest and costs; which surety, nevertheless, shall stand duly discharged after the term of one year, in time of peace, and of two, in time of war, if the discharge cannot be formed before the end of this term, against the representatives who shall present themselves.

And in order that the representatives may not be unjustly kept out of the effects of the deceased, the Consuls and vice-Consuls shall notify his death in some one of the gazettes published within their consulate, and that they shall retain the said effects in their hands four months, to answer all just demands which shall be presented; and they shall be bound, after this delay, to deliver to the persons succeeding thereto, what shall be more than sufficient for the demands which shall have been formed.

Article VI. The Consuls and vice-Consuls respectively, shall receive the declarations, protests and reports, of all captains and masters of their respective nations, on account of average losses sustained at sea; and these captains and masters shall lodge in the chancery of the said Consuls and vice-Consuls, the acts which they may have made in other ports, on account of the accidents which may have happened to them on their voyage. If a subject of the M. C. K. and a citizen of the United States, or a foreigner, are interested in the said cargo, the average shall be settled by the tribunals of the country, and not by the Consuls or vice-Consuls; but when only the subjects or citizens of their own nation shall be interested, the respective Consuls or vice-Consuls shall appoint skilful persons to settle the damages and average.

Article VII. In cases where by tempest, or other accident, French ships or vessels shall be stranded on the coasts of the United States, and ships or vessels of the United States shall be stranded on the coasts of the dominions of the M. C. K., the Consul or vice-Consul nearest to the place of shipwreck shall do whatever he may judge proper, as well for the purpose of saving the said ship or vessel, its cargo and appurtenances, as for the storing and the security of the effects and merchandise saved. He may take an inventory of them, without the intermeddling of any officers of the military, of the customs, of justice, or of the police of the country, otherwise than to give the Consuls, vice-Consuls, captain and crew of the vessels shipwrecked or stranded, all the succor and favor which they shall ask of them, either for the expedition and security of the saving and of the effects saved, as to prevent all disturbance.

And in order to prevent all kind of dispute and discussion in the said cases of shipwreck, it is agreed that when there shall be no Consul or vice-Consul to attend to the saving of the wreck, or that the residence of the said Consul or vice-Consul (he not being at the place of the wreck) shall be more distant from the said place than that of the competent judge of the country, the latter shall immediately proceed therein, with all the despatch, certainty and precautions, prescribed by the respective laws; but the said territorial judge shall retire, on the arrival of the Consul or vice-Consul, and shall deliver over to him the report of his proceedings, the expenses of which, the Consul or vice-Consul shall cause to be reimbursed to him, as well as those of saving the wreck.

The merchandise and effects saved, shall be deposited in the nearest Custom-house, or other place of safety, with the inventory thereof, which shall have been made by the Consul or vice-Consul, or by the judge who shall have proceeded in their absence, that the said effects and merchandise may be afterwards delivered (after levying therefrom the costs), and without form of process, to the owners, who, being furnished with an order for their delivery, from the nearest Consul or vice-Consul, shall reclaim them by themselves, or by their order, either for the purpose of re-exporting such merchandise, in which case they shall pay no kind of duty of exportation, or for that of selling them in the country, if they be not prohibited there; and in this last case, the said merchandise, if they be damaged, shall be allowed an abatement of entrance duties, proportioned to the damage they have sustained, which shall be ascertained by the affidavits taken at the time the vessel was wrecked or struck.

Article VIII. The Consuls and vice-Consuls shall exercise police over all the vessels of their respective nations, and shall have on board the said vessels, all power and jurisdiction in civil matters, in all the disputes which may there arise; they shall have an entire inspection over the said vessels, their crew and the changes and substitutions there to be made. For which purpose, they may go on board the said vessels wherever they may judge it necessary; well understood, that the functions hereby allowed shall be confined to the interior of the vessels, and that they shall not take place in any case, which shall have any interference with the police of the ports where the said vessels shall be.

Article IX. The Consuls and vice-Consuls may cause to be arrested, the captains officers, mariners, sailors, and all other persons, being part of the crews of the vessels of their respective nations, who shall have deserted from the said vessels, in order to send them back, and transport them out of the country. For which purpose, the said Consuls and vice-Consuls shall address themselves to the courts, judges and officers competent, and shall demand the said deserters in writing, proving by an exhibition of the registers of the vessel or ship's roll, that those men were part of the said crews; and on this demand, so proved (saving, however, where the contrary is proved), the delivery shall not be refused; and there shall be given all aid and assistance to the said Consuls and vice-Consuls, for the search, seizure and arrest of the said deserters, who shall even be detained and kept in the prisons of the country, at their request and expense, until they shall have found an opportunity of sending them back. But if they be not sent back within three months, to be counted from the day of their arrest, they shall be set at liberty, and shall be no more arrested for the same cause.

Article X. In cases where the respective subjects or citizens shall have committed any crime, or breach of the peace, they shall be amenable to the judges of the country.

Article XI. When the said offenders shall be a part of the crew of a vessel of their nation, and shall have withdrawn themselves on board the said vessel, they may be there seized and arrested by order of the judges of the country; these shall give notice thereof to the Consul or vice-Consul, who may repair on board, if he thinks proper; but this notification shall not, in any case, delay execution of the order in question. The persons arrested, shall not afterwards be set at liberty, until the Consul or vice-Consul shall have been notified thereof; and they shall be delivered to him, if he requires it, to be put again on board of the vessels on which they were arrested, or of others of their nation, and to be sent out of the country.

Article XII. All differences and suits between the subjects of the M. C. K. in the U. S. or between the citizens of the United States within the dominions of the M. C. K. and particularly all disputes relative to the wages and terms of engagement of the crews of the respective vessels, and all differences of whatever nature they be, which may arise between the privates of the said crews, or between any of them and their captains, or between the captains of different vessels of their nation, shall be determined by the respective Consuls and vice-Consuls, either by a reference to arbitrators, or by a summary judgment, and without costs.

No officer of the country, civil or military, shall interfere therein, or take any part whatever in the matter; and the appeals from the said consular sentences, shall be carried before the tribunals of France or of the United States, to whom it may appertain to take cognizance thereof.

Article XIII. The general utility of commerce, having caused to be established within the dominions of the M. C. K. particular tribunals and forms, for expediting the decision of commercial affairs, the merchants of the U. S. shall enjoy the benefit of these establishments; and the Congress of the U. S. will provide in the manner the most conformable to its laws, equivalent advantages in favor of the French merchants, for the prompt despatch and decision of affairs of the same nature.

Article XIV. The subjects of the M. C. K. and citizens of the U. S. who shall prove by legal evidence, that they are of the said nations respectively, shall, in consequence, enjoy an exemption from all personal service in the place of their settlement.

Article XV. If any other nation acquires, by virtue of any convention whatever, a treatment more favorable with respect to the consular pre-eminences, powers, authority and privileges, the Consuls and vice-Consuls of the M. C. K., or of the U. S. reciprocally, shall participate therein, agreeably to the terms stipulated by the second, third, and fourth articles of the treaty of amity and commerce, concluded between the M. C. K. and the U. S.

Article XVI. The present convention shall be in full force during the term of twelve years, to be counted from the day of the exchange of ratifications, which shall be given in proper form, and exchanged on both sides, within the space of one year, or sooner, if possible.

In faith whereof, we, Ministers Plenipotentiary, have signed the present convention, and have thereto set the seal of our arms.

Done at Versailles the 14th of November, one thousand seven hundred and eighty-eight.

L. C. De Montmorin.}Signed.{Th: Jefferson.
L. S.}{L. S.

[TO JAMES MADISON.]

Paris, November 18, 1788.

Dear Sir,—My last to you was of the 31st July; since which, I have received yours of July the 24th, August the 10th and 23d. The first part of this long silence in me, was occasioned by a knowledge that you were absent from New York; the latter part, by a want of opportunity, which has been longer than usual. Mr. Shippen being just arrived here, and to set out to-morrow for London, I avail myself of that channel of conveyance. Mr. Carrington was so kind as to send me the second volume of the American Philosophical Transactions, the Federalist, and some other interesting pamphlets; and I am to thank you for another copy of the Federalist, and the report of the instructions to the ministers, for negotiating peace. The latter, unluckily, omitted exactly the passage I wanted, which was what related to the navigation of the Mississippi. With respect to the Federalist, the three authors had been named to me. I read it with care, pleasure and improvement, and was satisfied there was nothing in it by one of those hands, and not a great deal by a second. It does the highest honor to the third, as being, in my opinion, the best commentary on the principles of government, which ever was written. In some parts, it is discoverable that the author means only to say what may be best said in defence of opinions, in which he did not concur. But in general, it establishes firmly the plan of government. I confess, it has rectified me on several points. As to the bill of rights, however, I still think it should be added; and I am glad to see, that three States have at length considered the perpetual re-eligibility of the President, as an article which should be amended. I should deprecate with you, indeed, the meeting of a new convention. I hope they will adopt the mode of amendment by Congress and the Assemblies, in which case, I should not fear any dangerous innovation in the plan. But the minorities are too respectable, not to be entitled to some sacrifice of opinion, in the majority; especially, when a great proportion of them would be contented with a bill of rights.

Here, things internally are going on well. The Notables now in session, have, indeed, passed one vote, which augurs ill to the rights of the people; but if they do not obtain now so much as they have a right to, they will in the long run. The misfortune is, that they are not yet ripe for receiving the blessings to which they are entitled. I doubt, for instance, whether the body of the nation, if they could be consulted, would accept of a habeas corpus law, if offered them by the King. If the Etats Genereux, when they assemble, do not aim at too much, they may begin a good constitution. There are three articles which they may easily obtain; 1, their own meeting, periodically; 2, the exclusive right of taxation; 3, the right of registering laws and proposing amendments to them, as exercised now by the parliaments. This last, would be readily approved by the court, on account of their hostility against the parliaments, and would lead immediately to the origination of laws; the second has been already solemnly avowed by the King; and it is well understood, there would be no opposition to the first. If they push at much more, all may fail. I shall not enter further into public details, because my letter to Mr. Jay will give them. That contains a request of permission to return to America, the next spring, for the summer only. The reasons therein urged, drawn from my private affairs, are very cogent. But there is another, more cogent on my mind, though of a nature not to be explained in a public letter. It is the necessity of attending my daughters, myself, to their own country, and depositing them safely in the hands of those with whom I can safely leave them. I have deferred this request as long as circumstances would permit, and am in hopes it will meet with no difficulty. I have had too many proofs of your friendship, not to rely on your patronage of it, as, in all probability, nothing can suffer by a short absence. But the immediate permission is what I am anxious about; as by going in April and returning in October, I shall be sure of pleasant and short passages, out and in. I must entreat your attention, my friend, to this matter, and that the answers may be sent me through several channels.

Mr. Limozin, at Havre, sent you, by mistake, a package belonging to somebody else. I do not know what it contained, but he has written to you on the subject, and prayed me to do the same; he is likely to suffer if it be not returned.

Supposing that the funding their foreign debt will be among the first operations of the new government, I send you two estimates; the one by myself, the other by a gentleman infinitely better acquainted with the subject, showing what fund will suffice to discharge the principal and interest, as it shall become due, aided by occasional loans, which the same fund will repay. I enclose them to you, because collating them together, and with your own ideas, you will be able to devise something better than either; but something must be done. This government will expect, I fancy, a very satisfactory provision for the payment of their debt, from the first session of the new Congress. Perhaps, in this matter, as well as the arrangement of your foreign affairs, I may be able, when on the spot with you, to give some information and suggest some hints, which may render my visit to my native country not altogether useless. I consider as no small advantage the resuming the tone of mind of my constituents, which is lost by long absence, and can only be recovered by mixing with them; and shall particularly hope for much profit and pleasure, by contriving to pass as much time as possible with you. Should you have a trip to Virginia in contemplation, for that year, I hope you will time it so as that we may be there together. I will camp you at Monticello, where, if illy entertained otherwise, you shall not want books. In firm hope of a happy meeting with you in the spring, or early in summer, I conclude with assurances of the sincere esteem and attachment with which I am, dear Sir, your affectionate friend and servant.


[TO A. DONALD.]

Paris, November 18, 1788.

Dear Sir,—Often solicited by persons on this side the water, to inquire for their friends in America, about whose fate they are uncertain, I can only hand on their requests to my friends in America. The enclosed letter from the Chevalier de Sigougne, desires some inquiry after his brother, whom he supposes to have settled at Todd's Bridge. As this is within your reach, I must refer the request to your humanity, and beg of you, if you can hear of him, you will be so good as to give me an account of him, returning me the enclosed letter at the same time.

The campaign between the Turks and Russians has been tolerably equal. The Austrians have suffered through the whole of it. By the interposition of Prussia and England, peace is likely to be made between Russia, Denmark, and Sweden. This is a proof that England does not meant to engage in the war herself. This country will certainly engage herself in no manner, externally, before the meeting of her States General. This assembly has been so long disused, that the forms of its convocation occasion difficulty. The Notables have been convened to prescribe them, and they are now in session. I am in hopes this will end in giving a good degree of liberty to this country. They enjoy, at present, the most perfect tranquillity within; their stocks, however, continue low, and money difficult to be got for current expenses. It is hoped that Mr. Neckar's talents and popularity, with the aid of a National Assembly, will extricate them from their difficulties. We have been daily expecting to hear of the death of the King of England: our last news is of the 11th, when he was thought in the utmost danger. This event might produce a great change in the situation of things: it is supposed Mr. Fox would come into place, and he has been generally understood to be disposed for war. Should the King survive, I think the continuance of peace more probable at present, than it has been for some time past. Be so good as to contrive the enclosed letter by a very safe conveyance. Remember me in the most friendly terms to Dr. Currie, and be assured yourself of the esteem and attachment with which I am, dear Sir, your affectionate friend and servant.


[TO MR. JAY.]

Paris, November 19, 1788.

Sir,—Since my letter of September the 5th, wherein I acknowledged Mr. Remsen's favor of July the 25th, I have written those of September the 24th, and of the 14th instant. This last will accompany the present, both going by the way of London, for want of a direct opportunity; but they go by a private hand.

No late event worth notice has taken place between the Turks and Austrians. The former continue in the territories of the latter, with all the appearances of superiority. On the side of Russia, the war wears an equal force, except that the Turks are still masters of the Black Sea. Oczakow is not yet taken. Denmark furnished to Russia its stipulated quota of troops, with so much alacrity, and was making such other warlike preparations, that it was believed they meant to become principals in the war against Sweden. Russia and England hereupon interposed efficaciously. Their ministers appointed to mediate, gave notice to the court of Copenhagen, that they would declare war against them in the name of their two sovereigns, if they did not immediately withdraw their troops from the Swedish territories. The court of London has since said, that their minister (Elliot) went further in this than he was authorized. However, the Danish troops are retiring. Poland is augmenting its army from twenty to an hundred thousand men. Nevertheless, it seems as if England and Prussia meant, in earnest, to stop the war in that quarter, contented to leave the two empires in the hands of the Turks. France, desired by Sweden to join the courts of London and Berlin in their mediation between Sweden and Russia, has declined it. We may be assured she will meddle in nothing external, before the meeting of the States General. Her temporary annihilation in the political scale of Europe, leaves to England and Prussia the splendid roll of giving the law without meeting the shadow of opposition. The internal tranquillity of this country is perfect; their stocks, however, continue low, and the difficulty of getting money to face current expenses, very great. In the contest between the King and parliament, the latter, fearing the power of the former, passed the convoking the States General. The government found itself obliged by other difficulties, also to recur to the same expedient. The parliament, after its recall, showed that it was now become apprehensive of the States General, and discovered a determination to cavil at their form, so as to have a right to deny their legality, if that body should undertake to abridge their powers. The court, hereupon, very adroitly determined to call the same Notables who had been approved by the nation the last year, to decide on the form of convoking the Etats Genereux: thus withdrawing itself from the disputes which the parliament might excite, and committing them with the nation. The Notables are now in session. The government had manifestly discovered a disposition that the Tiers etat, or Commons, should have as many representatives in the States General as the Nobility and Clergy together; but five bureaux of the Notables have voted by very great majorities, that they should have only an equal number with each of the other orders, singly. One bureau, by a majority of a single voice, had agreed to give the Commons the double number of representatives. This is the first symptom of a decided combination between the Nobility and Clergy, and will necessarily throw the people into the scale of the King. It is doubted whether the States can be called so early as January, though the government, urged by the want of money, is for pressing the convocation. It is still more uncertain, what the States will do when they meet: there are three objects which they may attain, probably without opposition, from the court: 1, a periodical meeting of the States; 2, their exclusive rights of taxation; 3, the right of enregistering laws and proposing amendments to them, as now exercised by the parliaments. This would lead, as it did in England, to the right of originating laws. The parliament would, by the last measure, be reduced to a mere judiciary body, and would probably oppose it. But against the King and nation, their opposition could not succeed. If the States stop here, for the present moment, all will probably end well, and they may, in future sessions, obtain a suppression of lettres de cachet, a free press, a civil list, and other valuable modifications of their government. But it is to be feared, that an impatience to rectify everything at once, which prevails in some minds, may terrify the court, and lead them to appeal to force, and to depend on that alone.

Before this can reach you, you will probably have heard of an Arret, passed the 28th of September, for prohibiting the introduction of foreign whale oils, without exception. The English had glutted the markets of this country with their oils: it was proposed to exclude them, and an Arret was drawn, with an exception for us: in the last stage of the Arret, the exception was struck out, without my having any warning, or even suspicion of this. I suspect this stroke came from the Count de La Luzerne, minister of marine; but I cannot affirm it positively. As soon as I was apprized of this, which was several days after it passed (because it was kept secret till published in their seaports), I wrote to the Count de Montmorin a letter, of which the enclosed is a copy, and had conference on the subject, from time to time, with him and the other ministers. I found them prepossessed by the partial information of their Dunkirk fishermen; and therefore thought it necessary to give them a view of the whole subject in writing, which I did: in the place of which, I enclose you a printed copy. I therein entered into more details, than the question between us seemed rigorously to require. I was led to them by other objects. The most important was, to disgust Mr. Neckar, as an economist, against their new fishery, by letting him foresee its expense. The particular manufactures suggested to them, were in consequence of repeated applications from the shippers of rice and tobacco; other details which do not appear immediately pertinent, were occasioned by circumstances which had arisen in conversation, or an apparent necessity of giving information on the whole matter. At a conference, in the presence of M. Lambert, on the 16th (where I was ably aided by the Marquis de La Fayette, as I have been through the whole business), it was agreed to except us from the prohibition. But they will require rigorous assurance, that the oils coming under our name, are really of our fishery. They fear we shall cover the introduction of the English oils from Halifax. The Arret for excepting us was communicated to me, but the formalities of proving the oils to be American, were not yet inserted. I suppose they will require every vessel to bring a certificate from their consul or vice-consul, residing in the State from which it comes. More difficult proofs were sometimes talked of. I supposed I might surely affirm to them, that our government would do whatever it could to prevent this fraud, because it is as much our interest as theirs, to keep the market for the French and American oils only. I am told Massachusetts has prohibited the introduction of foreign fish oils into her ports. This law, if well executed, will be an effectual guard against fraud; and a similar one in the other States interested in this fishery, would much encourage this government to continue her indulgence to us. Though the Arret, then, for the re-admission of our oils, is not yet passed, I think I may assure you it will be so in a few days, and of course, that this branch of commerce, after so threatening an appearance, will be on a better footing than ever, as enjoying, jointly with the French oil, a monopoly of their markets. The continuance of this will depend on the growth of their fishery. Whenever they become able to supply their own wants, it is very possible they may refuse to take our oils; but I do not believe it possible for them to raise their fishery to that, unless they can continue to draw off our fishermen from us. Their seventeen ships, this year, had one hundred and fifty of our sailors on board. I do not know what number the English have got into their service. You will readily perceive, that there are particulars in these printed observations, which it would not be proper to suffer to become public. They were printed merely that a copy might be given to each minister, and care has been taken to let them go in no other hands.

I must now trouble Congress with a petition on my own behalf. When I left my own house in October, 1783, it was to attend Congress as a member, and in expectation of returning in five or six months. In the month of May following, however, I was desired to come to Europe, as member of a commission, which was to continue two years only. I came off immediately, without going home to make any other arrangements in my affairs, thinking they would not suffer greatly before I should return to them. Before the close of the two years, Doctor Franklin retiring from his charge here, Congress were pleased to name me to it; so that I have been led on by events, to an absence of five years, instead of five months. In the meantime matters of great moment to others as well as myself, and which can be arranged by nobody but myself, will await no longer. Another motive of still more powerful cogency on my mind, is the necessity of carrying my family back to their friends and country. I must, therefore, ask of Congress a leave of short absence. Allowing three months on the sea, going and coming, and two months at my own house, which will suffice for my affairs, I need not be from Paris but between five and six months. I do not foresee anything which can suffer during my absence. The consular convention is finished, except as to the exchange of ratification, which will be the affair of a day only. The difference with Schweighauser and Dobrée, relative to our arms, will be finished. That of Denmark, if ever finished, will probably be long spun out. The ransom of the Algerine captives, is the only matter likely to be on hand. That cannot be set on foot till the money is raised in Holland, and an order received for its application; probably these will take place, so that I may set it in motion before my departure; if not, I can still leave it on such a footing as to be put into motion the moment the money can be paid. And even when the leave of Congress shall be received, I will not make use of it, if there is anything of consequence which may suffer; but would postpone my departure till circumstances will admit it. But should these be as I expect they will, it will be vastly desirable to me, to receive the permission immediately, so that I may go out as soon as the vernal equinox is over, and be sure of my return in good time and season in the fall. Mr. Short, who had had thoughts of returning to America, will postpone that return till I come back. His talents and character allow me to say, with confidence, that nothing will suffer in his hands. The friendly dispositions of Monsieur de Montmorin would induce him readily to communicate with Mr. Short in his present character; but should any of his applications be necessary to be laid before the Council, they might suffer difficulty; nor could he attend the diplomatic societies, which are the most certain sources of good intelligence. Would Congress think it expedient to remove the difficulties, by naming him secretary of legation, so that he would act, of course, as chargé des affaires during my absence? It would be just that the difference between the salary of a secretary and a secretary of legation should cease, as soon as he should cease to be charged with the affairs of the United States; that is to say, on my return; and he would expect that. So that this difference for five or six months, would be an affair of about one hundred and seventy guineas only, which would be not more than equal to the additional expense that would be brought on him necessarily by the change of character. I mention these particulars, that Congress may see the end as well as the beginning of the proposition, and have only to add, "their will be done." Leave for me being obtained, I will ask it, Sir, of your friendship, to avail yourself of various occasions to the ports of France and England, to convey me immediate notice of it, and relieve me as soon as possible from the anxiety of expectation, and the uncertainty in which I shall be. We have been in daily expectation of hearing of the death of the King of England. Our latest news are of the 11th. He had then been despaired of, for three or four days; but as my letter is to pass through England, you will have later accounts of him than that can give you. I send you the newspapers to this date, and have the honor to be, with the greatest esteem and respect, Sir, your most obedient humble servant.

P. S. The last crop of corn in France has been so short, that they apprehend want. Mr. Neckar desires me to make known this scarcity to our merchants, in hopes they would send supplies. I promised him I would. If it could be done without naming him, it would be agreeable to him, and probably advantageous to the adventurers.


[The annexed are the observations on the subject of admitting our whale oil in the markets of France, referred to in the preceding letter.]

Whale oil enters, as a raw material, into several branches of manufacture, as of wool, leather, soap: it is used also, in painting, architecture and navigation. But its great consumption is in lighting houses and cities. For this last purpose, however, it has a powerful competitor in the vegetable oils. These do well in warm, still weather, but they fix with cold, they extinguish easily with the wind, their crop is precarious, depending on the seasons, and to yield the same light, a larger wick must be used, and greater quantity of oil consumed. Estimating all these articles of difference together, those employed in lighting cities find their account in giving about twenty-five per cent. more for whale, than for vegetable oils. But higher than this, the whale oil, in its present form, cannot rise; because it then becomes more advantageous to the city lighters to use others. This competition, then, limits its price, higher than which no encouragement can raise it; and it becomes, as it were, a law of its nature. But, at this low price, the whale fishery is the poorest business into which a merchant or sailor can enter. If the sailor, instead of wages, has a part of what is taken, he finds that this, one year with another, yields him less than he could have got as wages in any other business. It is attended, too, with great risk, singular hardships, and long absence from his family. If the voyage is made solely at the expense of the merchant, he finds that, one year with another, it does not reimburse him his expense. As for example, an English ship of three hundred tons and forty-two hands, brings home, communibus annis, after four months' voyage, twenty-five tons of oil, worth four hundred and thirty-seven pounds ten shillings sterling. But the wages of the officers and seamen, will be four hundred pounds; the outfit, then, and the merchant's profit, must be paid by the government; and it is accordingly on this idea that the British bounty is calculated. From the poverty of this business, then, it has happened that the nations who have taken it up, have successively abandoned it. The Basques began it; but though the most economical and enterprising of the inhabitants of France, they could not continue it; and it is said they never employed more than thirty ships a year. The Dutch and Hanse towns succeeded them. The latter gave it up long ago. The English carried it on in competition with the Dutch, during the last and beginning of the present century; but it was too little profitable for them, in comparison with other branches of commerce open to them.

In the meantime, the inhabitants of the barren island of Nantucket had taken up this fishery, invited to it, by the whales presenting themselves on their own shore. To them, therefore, the English relinquished it, continuing to them, as British subjects, the importation of their oils into England, duty free, while foreigners were subject to a duty of eighteen pounds five shillings sterling, a ton. The Dutch were enabled to continue it long, because, 1st. They are so near the northern fishing grounds, that a vessel begins her fishing very soon after she is out of port. 2d. They navigate with more economy than the other nations of Europe. 3d. Their seamen are content with lower wages: and 4th, their merchants, with a lower profit on their capital. Under all these favorable circumstances, however, this branch of business, after long languishing, is, at length, nearly extinct with them. It is said, they did not send above half a dozen ships in pursuit of the whale, this present year. The Nantuckois, then, were the only people who exercised this fishery to any extent, at the commencement of the late war. Their country, from its barrenness yielding no subsistence, they were obliged to seek it in the sea which surrounded them. Their economy was more rigorous than that of the Dutch. Their seamen, instead of wages, had a share in what was taken: this induced them to fish with fewer hands, so that each had a greater dividend in the profit; it made them more vigilant in seeking game, bolder in pursuing it, and parsimonious in all their expenses. London was their only market. When, therefore, by the late Revolution, they became aliens in Great Britain, they became subject to the alien duty of eighteen pounds five shillings, the ton of oil, which being more than equal to the price of the common whale oil, they are obliged to abandon that fishery. So that this people, who, before the war, had employed upwards of three hundred vessels a year, in the whale fishery, (while Great Britain had herself, never employed one hundred,) have now almost ceased to exercise it. But they still had the seamen, the most important material for this fishery; and they still retained the spirit for fishing: so that, at the re-establishment of peace, they were capable, in a very short time, of reviving their fishery, in all its splendor. The British government saw that the moment was critical. They knew that their own share in that fishery, was as nothing; that the great mass of fishermen was left with a nation now separated from them; that these fishermen, however, had lost their ancient market; had no other resource within their country, to which they could turn; and they hoped, therefore, they might, in the present moment of distress, be decoyed over to their establishments, and be added to the mass of their seamen. To effect this, they offered extravagant advantages to all persons who should exercise the whale fishery from British establishments. But not counting with much confidence, on a long connection with their remaining possessions on the continent of America, foreseeing that the Nantuckois would settle in them, preferably, if put on an equal footing with those of Great Britain, and that thus they might have to purchase them the second time, they confined their high offers to settlers in Great Britain. The Nantuckois, left without resource by the loss of their market, began to think of removing to the British dominions; some to Nova Scotia, preferring smaller advantages, in the neighborhood of their ancient country and friends; others to Great Britain, postponing country and friends to high premiums. A vessel was already arrived from Halifax to Nantucket, to take off some of those who proposed to remove; two families had gone on board, and others were going, when a letter was received there, which had been written by Monsieur le Marquis de La Fayette, to a gentleman in Boston, and transmitted by him to Nantucket. The purport of the letter was, to dissuade their accepting the British proposals, and to assure them, that their friends in France would endeavor to do something for them. This instantly suspended their design: not another went on board, and the vessel returned to Halifax, with only the two families.

In fact, the French government had not been inattentive to the views of the British, nor insensible to the crisis. They saw the danger of permitting five or six thousand of the best seamen existing, to be transferred by a single stroke to the marine strength of their enemy, and to carry over with them an art, which they possessed almost exclusively. The counterplan which they set on foot, was, to tempt the Nantuckois, by high offers, to come and settle in France. This was in the year 1785. The British, however, had in their favor a sameness of language, religion, laws, habits, and kindred. Nine families only, of thirty-three persons in the whole, came to Dunkirk; so that this project was not likely to prevent their emigration to the English establishments, if nothing else had happened.

France had effectually aided in detaching the United States of America from the force of Great Britain; but, as yet, they seemed to have indulged only a silent wish, to detach them from her commerce. They had done nothing to induce that event. In the same year, 1785, while M. de Calonnes was in treaty with the Nantuckois, an estimate of the commerce of the United States was submitted to the Count de Vergennes, and it was shown, that of three millions of pounds sterling, to which their exports amounted, one third might be brought to France, and exchanged against her productions and manufactures, advantageously for both nations; provided the obstacles of prohibition, monopoly and duty, were either done away or moderated, as far as circumstances would admit. A committee, which had been appointed to investigate a particular one of these objects, was thereupon instructed to extend its researches to the whole, and see what advantages and facilities the government could offer, for the encouragement of a general commerce with the United States. The committee was composed of persons well skilled in commerce; and after laboring assiduously for several months, they made their report: the result of which was given in the letter of his Majesty's Comptroller General, of the 22d of October, 1786, wherein he stated the principles which should be established, for the future regulation of the commerce between France and the United States. It was become tolerably evident at the date of this letter, that the terms offered to the Nantuckois, would not produce their emigration to Dunkirk; and that it would be safest, in every event, to offer some other alternative, which might prevent their acceptance of the British offers. The obvious one was, to open the ports of France to their oils, so that they might still exercise their fishery, remaining in their native country, and find a new market for its produce, instead of that which they had lost. The article of whale oil was, accordingly, distinguished in the letter of M. de Calonnes, by an immediate abatement of duty, and promise of further abatement, after the year 1790. This letter was instantly sent to America, and bid fair to produce there the effect intended, by determining the fishermen to carry on their trade from their own homes, with the advantage only of a free market in France, rather than remove to Great Britain, where a free market and great bounty were offered them. An Arret was still to be prepared, to give legal sanction to the letter of M. de Calonnes. Monsieur Lambert, with a patience and assiduity almost unexampled, went through all the investigations necessary to assure himself, that the conclusion of the committee had been just. Frequent conferences on this subject were held in his presence; the deputies of the chambers of commerce were heard, and the result was, the Arret of December the 29th, 1787, confirming the abatements of duty, present and future, which the letter of October, 1786, had promised, and reserving to his Majesty, to grant still further favors to that production, if, on further information, he should find it for the interest of the two nations.

The English had now begun to deluge the markets of France, with their whale oils; and they were enabled by the great premiums given by their government, to undersell the French fisherman, aided by feebler premiums, and the American, aided by his poverty alone. Nor is it certain, that these speculations were not made at the risk of the British government, to suppress the French and American fishermen in their only market. Some remedy seemed necessary. Perhaps it would not have been a bad one, to subject, by a general law, the merchandise of every nation, and of every nature, to pay additional duties in the ports of France, exactly equal to the premiums and drawbacks given on the same merchandise, by their own government. This might not only counteract the effect of premiums in the instance of whale oils, but attack the whole British system of bounties and drawbacks, by the aid of which, they make London the centre of commerce for the whole earth. A less general remedy, but an effectual one, was, to prohibit the oils of all European nations; the treaty with England requiring only, that she should be treated as well as the most favored European nation. But the remedy adopted was, to prohibit all oils, without exception.

To know how this remedy will operate, we must consider the quantity of whale oil which France consumes annually, the quantity which she obtains from her own fishery; and, if she obtains less than she consumes, we are to consider what will follow the prohibition.

The annual consumption of France, as stated by a person who has good opportunities of knowing it, is as follows:

lbs. pesant.quinteaux.tons.
Paris, according to the registers of 17862,800,00028,0001,750
Twenty-seven other cities, lighted by M. Sangrain800,0008,000500
Rouen500,0005,000312½
Bordeaux600,0006,000375
Lyons300,0003,000187½
Other cities, leather and light3,000,00030,0001,875
8,000,00080,0005,000

Other calculations, or say rather, conjectures, reduce the consumption to about half this. It is treating these conjectures with great respect, to place them on an equal footing with the estimate of the person before alluded to, and to suppose the truth half way between them. But we will do it, and call the present consumption of France only sixty thousand quintals, or three thousand seven hundred and fifty tons a year. This consumption is increasing fast, as the practice of lighting cities is becoming more general, and the superior advantages of lighting them with whale oil, are but now beginning to be known.

What do the fisheries of France furnish? She has employed, this year, fifteen vessels in the southern, and two in the northern fishery, carrying forty-five hundred tons in the whole, or two hundred and sixty-five each, on an average. The English ships, led by Nantuckois as well as the French, have never averaged in the southern fishery, more than one-fifth of their burthen, in the best year. The fifteen ships of France, according to this ground of calculation, and supposing the present to have been one of the best years, should have brought, one with another, one-fifth of two hundred and sixty-five tons, or fifty-three tons each. But we are told, they have brought near the double of that, to wit, one hundred tons each, and fifteen hundred tons in the whole. Supposing the two northern vessels to have brought home the cargo which is common from the northern fishery, to wit, twenty-five tons each, the whole produce this year, will then be fifteen hundred and fifty tons. This is five and a half months' provision, or two-fifths of the annual consumption. To furnish for the whole year, would require forty ships of the same size, in years as fortunate as the present, and eighty-five, communibus annis; forty-four tons, or one-sixth of the burthen, being as high an average as should be counted on, one year with another; and the number must be increased, with the increasing consumption. France, then, is evidently not yet in a condition to supply her own wants. It is said, indeed, she has a large stock on hand unsold, occasioned by the English competition. Thirty-three thousand quintals, including this year's produce, are spoken of: this is between six and seven months' provision; and supposing by the time this is exhausted that the next year's supply comes in, that will enable her to go on five or six months longer; say a twelvemonth in the whole. But at the end of the twelve month, what is to be done? The manufactures depending on this article, cannot maintain their competition against those of other countries, if deprived of their equal means. When the alternative, then, shall be presented, of letting them drop, or opening the ports to foreign whale oil, it is presumable the latter will be adopted as the lesser evil. But it will be too late for America. Her fishery, annihilated during the late war, only began to raise its head on the prospect of a market held out by this country. Crushed by the Arret of September the 28th, in its first feeble effort to revive, it will rise no more. Expeditions, which require the expense of the outfit of vessels, and from nine to twelve months' navigation, as the southern fishery does, most frequented by the Americans, cannot be undertaken in sole reliance on a market, which is opened and shut from one day to another, with little or no warning. The English alone, then, will remain to furnish these supplies, and they must be received even from them. We must accept bread from our enemies, if our friends cannot furnish it. This comes exactly to the point, to which that government has been looking. She fears no rivals in the whale fishery but America: or rather, it is the whale fishery of America, of which she is endeavoring to possess herself. It is for this object, she is making the present extraordinary efforts, by bounties and other encouragements; and her success, so far, is very flattering. Before the war, she had not one hundred vessels in the whale trade, while America employed three hundred and nine. In 1786, Great Britain employed one hundred and fifty-one vessels; in 1787, two hundred and eighty-six; in 1788, three hundred and fourteen, nearly the ancient American number; while the latter has fallen to about eighty. They have just changed places then; England having gained exactly what America has lost. France, by her ports and markets, holds the balance between the two contending parties, and gives the victory, by opening and shutting them, to which she pleases. We have still precious remains of seamen educated in this fishery, and capable, by their poverty, their boldness and address, of recovering it from the English in spite of their bounties. But this Arret endangers the transferring to Great Britain every man of them, who is not invincibly attached to his native soil. There is no other nation, in present condition, to maintain a competition with Great Britain in the whale fishery. The expense at which it is supported on her part, seems enormous. Two hundred and fifty-five vessels, of seventy-five thousand four hundred and thirty-six tons, employed by her this year, in the northern fishery, at forty-two men each; and fifty-nine in the southern, at eighteen men each, make eleven thousand seven hundred and seventy-two men. These are known to have cost the government fifteen pounds each, or one hundred and seventy-six thousand five hundred and eighty pounds, in the whole, and that, to employ the principal part of them, from three to four months only. The northern ships have brought home twenty, and the southern sixty tons of oil, on an average; making eighty-six hundred and forty tons. Every ton of oil, then, has cost the government twenty pounds in bounty. Still, if they can beat us out of the field and have it to themselves, they will think their money well employed. If France undertakes, solely, the competition against them, she must do it at equal expense. The trade is too poor to support itself. The eighty-five ships, necessary to supply even her present consumption, bountied, as the English are, will require a sacrifice of twelve hundred and eighty-five thousand two hundred livres a year, to maintain three thousand five hundred and seventy seamen, and that a part of the year only; and if she will put it to twelve thousand men, in competition with England, she must sacrifice, as they do, four or five millions a year. The same number of men might, with the same bounty, be kept in as constant employ, carrying stone from Bayonne to Cherbourg, or coal from Newcastle to Havre, in which navigations they would be always at hand, and become good seamen. The English consider among their best sailors, those employed in carrying coal from Newcastle to London. France cannot expect to raise her fishery, even to the supply of her own consumption in one year, or in several years. Is it not better, then, by keeping her ports open to the United States, to enable them to aid in maintaining the field against the common adversary, till she shall be in condition to take it herself, and to supply her own wants? Otherwise, her supplies must aliment that very force which is keeping her under. On our part, we can never be dangerous competitors to France. The extent to which we can exercise this fishery, is limited to that of the barren island of Nantucket, and a few similar barren spots; its duration, to the pleasure of this government, as we have no other market. A material observation must be added here: sudden vicissitudes of opening and shutting ports, do little injury to merchants settled on the opposite coast, watching for the opening, like the return of a tide, and ready to enter with it. But they ruin the adventurer, whose distance requires six months' notice. Those who are now arriving from America, in consequence of the Arret of December the 29th, will consider it as the false light which has led them to their ruin. They will be apt to say, that they come to the ports of France by invitation of that Arret, that the subsequent one of September the 28th, which drives them from those ports, founds itself on a single principle, viz. "that the prohibition of foreign oils, is the most useful encouragement which can be given to that branch of industry." They will say, that, if this be a true principle, it was as true on the 29th of December, 1787, as on the 20th of September, 1788; it was then weighed against other motives, judged weaker and overruled, and it is hard it should be now revived, to ruin them.

The refinery for whale oil, lately established at Rouen, seems to be an object worthy of national attention. In order to judge of its importance, the different qualities of whale oil must be noted. Three qualities are known in the American and English markets. 1st. That of the spermaceti whale. 2d. Of the Greenland whale. 3d. Of the Brazil whale. 1. The spermaceti whale found by the Nantuckois in the neighborhood of the western islands, to which they had gone in pursuit of other whales, retired thence to the coast of Guinea, afterwards to that of Brazil, and begins now to be best found in the latitude of the Cape of Good Hope, and even of Cape Horn. He is an active, fierce animal, and requires vast address and boldness in the fisherman. The inhabitants of Brazil make little expeditions from their coast, and take some of these fish. But the Americans are the only distant people who have been in the habit of seeking and attacking him, in numbers. The British, however, led by the Nantuckois, whom they have decoyed into their service, have begun this fishery. In 1785, they had eighteen ships in it, in 1787, thirty-eight; in 1788, fifty-four, or, as some say, sixty-four. I have calculated on the middle number, fifty-nine. Still they take but a very small proportion of their own demand; we furnish the rest. Theirs is the only market to which we carry that oil, because it is the only one where its properties are known. It is luminous, resists coagulation by cold, to the forty-first degree of Fahrenheit's thermometer, and fourth of Reaumur's, and yields no smell at all; it is used, therefore, within doors, to lighten shops, and even in the richest houses, for antichambers, stairs, galleries, &c. It sells at the London market for treble the price of common whale oil. This enables the adventurer to pay the duty of eighteen pounds five shillings sterling the ton, and still to have a living profit. Besides the mass of oil produced from the whole body of the whale, his head yields three or four barrels of what is called head matter, from which is made the solid spermaceti, used for medicine and candles. This sells by the pound, at double the price of the oil. The disadvantage of this fishery is, that the sailors are from nine to twelve months absent on the voyage; of course, they are not at hand on any sudden emergency, and are even liable to be taken before they know that war is begun. It must be added, on the subject of this whale, that he is rare and shy, soon abandoning the grounds where he is hunted. This fishery, less losing than the other, and often profitable, will occasion it to be so thronged, soon, as to bring it on a level with the other. It will then require the same extensive support, or to be abandoned.

2. The Greenland whale oil is next in quality. It resists coagulation by cold, to thirty-six degrees of Fahrenheit, and two of Reaumur; but it has a smell insupportable within doors, and is not luminous. It sells, therefore, in London, at about sixteen pounds the ton. This whale is clumsy and timid; he dives when struck, and comes up to breathe by the first cake of ice, where the fisherman needs little address or courage to find and take him. This is the fishery mostly frequented by European nations; it is this fish which yields the fin in quantity, and the voyages last about three or four months.

The third quality is that of the small Brazil whale. He was originally found on the coast of Nantucket, and first led that people to this pursuit; he retired, first to the Banks of Newfoundland, then to the western islands, and is now found within soundings on the coast of Brazil, during the months of December, January, February and March. His oil chills at fifty degrees of Fahrenheit, and eight of Reaumur, is black and offensive; worth, therefore, but thirteen pounds the ton, in London. In warm summer nights, however, it burns better than the Greenland oil.

To the qualities of the oils thus described, it is to be added, that an individual has discovered methods, 1, of converting a great part of the oils of the spermaceti whale into the solid substance called spermaceti, heretofore produced from his head alone; 2, of refining the Greenland whale oil, so as to take from it all smell, and render it limpid and luminous as that of the spermaceti whale; 3, of curdling the oil of the Brazil whale into tallow, resembling that of beef, and answering all its purposes. This person is engaged by the company, which has established the refinery at Rouen; their works will cost them half a million of livres; will be able to refine all the oil which can be used in the kingdom, and even to supply foreign markets. The effect of this refinery, then, would be, 1, to supplant the solid spermaceti of all other nations, by theirs, of equal quality, and lower price; 2, to substitute instead of spermaceti oil, their black whale oil refined, of equal quality, and lower price; 3, to render the worthless oil of the Brazil, equal in value to tallow; and 4, by accommodating these oils to uses, to which they could never otherwise have been applied, they will extend the demand beyond its present narrow limits, to any supply which can be furnished, and thus give the most effectual encouragement and extension to the whale fishery. But these works were calculated on the Arret of December the 29th, which admitted here, freely and fully, the produce of the American fishery. If confined to that of the French fishery alone, the enterprise may fail, for want of matter to work on.

After this review of the whale fishery as a political institution, a few considerations shall be added on its produce, as a basis of commercial exchange between France and the United States. The discussion it has undergone, on former occasions, in this point of view, leaves little new to be now urged.

The United States, not possessing mines of the precious metals, can purchase necessaries from other nations, so far only as their produce is received in exchange. Without enumerating our smaller articles, we have three of principal importance, proper for the French market; to wit, tobacco, whale oil and rice. The first and most important, is tobacco. This might furnish an exchange for eight millions of the productions of this country; but it is under a monopoly, and that not of a mercantile, but of a financiering company, whose interest is, to pay in money, and not in merchandise, and who are so much governed by the spirit of simplifying their purchases and proceedings, that they find means to elude every endeavor on the part of government, to make them diffuse their purchases among the merchants in general. Little profit is derived from this, then, as an article of exchange for the produce and manufactures of France. Whale oil might be next in importance; but that is now prohibited. American rice is not yet of great, but it is of growing consumption in France, and being the only article of the three which is free, it may become a principal basis of exchange. Time and trial may add a fourth, that is, timber. But some essays, rendered unsuccessful by unfortunate circumstances, place that, at present, under a discredit, which it will be found hereafter not to have merited. The English know its value, and were supplied with it before the war. A spirit of hostility, since that event, led them to seek Russian rather than American supplies; a new spirit of hostility has driven them back from Russia, and they are now making contracts for American timber. But of the three articles before mentioned, proved by experience to be suitable for the French market, one is prohibited, one under monopoly, and one alone free, and that the smallest and of very limited consumption. The way to encourage purchasers, is, to multiply their means of payment. Whale oil might be an important one. In one scale, are the interests of the millions who are lighted, shod, or clothed with the help of it, and the thousands of laborers and manufacturers, who would be employed in producing the articles which might be given in exchange for it, if received from America; in the other scale, are the interests of the adventurers in the whale fishery; each of whom, indeed, politically considered, may be of more importance to the State, than a simple laborer or manufacturer; but to make the estimate with the accuracy it merits, we should multiply the numbers in each scale into their individual importance, and see which preponderates.

Both governments have seen with concern that their commercial intercourse does not grow as rapidly as they would wish. The system of the United States is, to use neither prohibitions nor premiums. Commerce there, regulates itself freely, and asks nothing better. Where a government finds itself under the necessity of undertaking that regulation, it would seem, that it should conduct it as an intelligent merchant would; that is to say, invite customers to purchase, by facilitating their means of payment, and by adapting goods to their taste. If this idea be just, government here has two operations to attend to, with respect to the commerce of the United States; 1, to do away, or to moderate, as much as possible, the prohibitions and monopolies of their materials for payment; 2, to encourage the institution of the principal manufactures, which the necessities or the habits of their new customers call for. Under this latter head, a hint shall be suggested, which must find its apology in the motive for which it flows; that is, a desire of promoting mutual interests and close friendship. Six hundred thousand of the laboring poor of America, comprehending slaves under that denomination, are clothed in three of the simplest manufactures possible; to wit, oznaburgs, plains and duffel blankets. The first is a linen; the two last, woollens. It happens, too, that they are used exactly by those who cultivate the tobacco and rice, and in a good degree by those employed in the whale fishery. To these manufactures they are so habituated, that no substitute will be received. If the vessels which bring tobacco, rice and whale oil, do not find them in the ports of delivery, they must be sought where they can be found; that is, in England, at present. If they were made in France, they would be gladly taken in exchange there. The quantities annually used by this description of people, and their value, are as follows:

livres
Oznaburgs2,700,000aunes, at sixteen sous the aune, worth2,160,000
Plains1,350,000aunes, at two livres the aune,2,700,000
Duffel blankets300,000aunes, at seven and four-fifths livres each,2,160,000
7,020,000

It would be difficult to say how much should be added, for the consumption of inhabitants of other descriptions; a great deal surely. But the present view shall be confined to the one description named. Seven millions of livres, are nine millions of day's work, of those who raise, spin and weave the wool and flax; and, at three hundred working days to the year, would maintain thirty thousand people. To introduce these simple manufactures, suppose government to give five per cent. on the value of what should be exported of them, for ten years to come; if none should be exported, nothing would be to be paid; but on the other hand, if the manufactures, with this encouragement, should raise to the full demand, it will be a sacrifice of three hundred and fifty-one thousand livres a year, for ten years only, to produce a perpetual subsistence for more than thirty thousand people, (for the demand will grow with our population,) while she must expend perpetually one million two hundred and eighty-five thousand livres a year, to maintain the three thousand five hundred and seventy seamen, who would supply her with whale oil. That is to say, for each seaman, as much as for thirty laborers and manufacturers.

But to return to our subject, and to conclude.

Whether, then, we consider the Arret of September the 28th, in a political or a commercial light, it would seem, that the United States should be excepted from its operation. Still more so, when they invoke against it the amity subsisting between the two nations, the desire of binding them together by every possible interest and connection, the several acts in favor of this exception, the dignity of legislation, which admits not of changes backwards and forwards, the interests of commerce, which requires steady regulations, the assurances of the friendly motives which have led the King to pass these acts, and the hope, that no cause will arise to change either his motives or his measures towards us.


[TO MR. JAY.]

Paris, November 29, 1788.

Sir,—In the hurry of making up my letter of the 19th inst., I omitted the enclosed printed paper, on the subject of whale oil. That omission is now supplied by another conveyance, by the way of London. The explanatory Arret is not yet come out. I still take for granted, it will pass, though there be an opposition to it in the Council. In the meantime, orders are given to receive our oils which may arrive. The apprehension of a want of corn, has induced them to turn their eyes to foreign supplies; and to show their preference of receiving them from us, they have passed the enclosed Arret, giving a premium on wheat and flour from the United States, for a limited time. This, you will doubtless think proper to have translated and published. The Notables are still in session; the votes of the separate bureaux, have not yet been reduced to a joint act, in an assembly of the whole. I see no reason to suppose they will change the separate votes relative to the representation of the Tiers Etat, in the States General. In the meantime, the stream of public indignation, heretofore directed against the court, sets strongly against the Notables. It is not yet decided when the States will meet; but certainly they cannot till February or March. The Turks have retired across the Danube. This movement indicates their going into winter quarters, and the severity of the weather must hasten it. The thermometer was yesterday at eight degrees of Fahrenheit, that is, twenty-four degrees below freezing; a degree of cold equal to that of the year 1740, which they count here among their coldest winters. This having continued many days, and being still likely to continue, and the wind from northeast, render it probable, that all enterprize must be suspended between the three great belligerent powers. Poland is likely to be thrown into great convulsions. The Empress of Russia has peremptorily demanded such aids from Poland as might engage in the war. The King of Prussia, on the other hand, threatens to march an army on their borders. The vote of the Polish confederacy for one hundred thousand men, was a coalition of the two parties, in that single act only. The party opposed to the King, have obtained a majority, and have voted that this army shall be independent of him. They are supported by Prussia, while the King depends on Russia. Authentic information from England, leaves not a doubt, that the King is lunatic; and that, instead of the effect, is the cause of the illness, under which he has been so near dying. I mention this, because the English newspapers, speaking by guess on that as they do on all other subjects, might mislead you as to his true situation; or rather, might mislead others, who know less than they do, that a thing is not rendered the more probable by being mentioned in those papers.

I enclose those of Leyden to the present date with the gazettes of France, and have the honor to be, with sentiments of the most perfect esteem and respect, Sir, your most obedient humble servant.


[TO GENERAL WASHINGTON.]

Paris, December 4, 1788.

Sir,—Your favor of August the 31st came to hand yesterday; and a confidential conveyance offering, by the way of London, I avail myself of it, to acknowledge the receipt.

I have seen, with infinite pleasure, our new Constitution accepted by eleven States, not rejected by the twelfth; and that the thirteenth happens to be a State of the least importance. It is true, that the minorities in most of the accepting States have been very respectable; so much so as to render it prudent, were it not otherwise reasonable, to make some sacrifice to them. I am in hopes, that the annexation of a bill of rights to the Constitution will alone draw over so great a proportion of the minorities as to leave little danger in the opposition of the residue; and that this annexation may be made by Congress and the Assemblies, without calling a convention, which might endanger the most valuable parts of the system. Calculation has convinced me that circumstances may arise, and probably will arise, wherein all the resources of taxation will be necessary for the safety of the State. For though I am decidedly of opinion we should take no part in European quarrels, but cultivate peace and commerce with all, yet who can avoid seeing the source of war, in the tyranny of those nations, who deprive us of the natural right of trading with our neighbors? The produce of the United States will soon exceed the European demand; what is to be done with the surplus, when there shall be one? It will be employed, without question, to open, by force, a market for itself, with those placed on the same continent with us, and who wish nothing better. Other causes, too, are obvious, which may involve us in war; and war requires every resource of taxation and credit. The power of making war often prevents it, and in our case would give efficacy to our desire of peace. If the new government wears the front which I hope it will, I see no impossibility in the availing ourselves of the wars of others, to open the other parts of America to our commerce, as the price of our neutrality.

The campaign between the Turks and the two empires, has been clearly in favor of the former. The Emperor is secretly trying to bring about a peace. The alliance between England, Prussia, and Holland (and some suspect Sweden also), renders their mediation decisive wherever it is proposed. They seemed to interpose it so magisterially between Denmark and Sweden, that the former submitted to its dictates, and there was all reason to believe that the war in the north-western parts of Europe would be quieted. All of a sudden, a new flame bursts out in Poland. The King and his party are devoted to Russia. The opposition rely on the protection of Prussia. They have lately become the majority in the confederated diet, and have passed a vote for subjecting their army to a commission independent of the King, and propose a perpetual diet, in which case he will be a perpetual cipher. Russia declares against such a change in their constitution, and Prussia has put an army into readiness for marching, at a moment's warning, on the frontiers of Poland. These events are too recent to see, as yet, what turn they will take, or what effect they will have on the peace of Europe. So is that also of the lunacy of the King of England, which is a decided fact, notwithstanding all the stuff the English papers publish about his fevers, his deliriums, &c. The truth is, that the lunacy declared itself almost at once, and with as few concomitant complaints as usually attend the first development of that disorder. I suppose a regency will be established, and if it consists of a plurality of members, it will probably be peaceable. In this event, it will much favor the present wishes of this country, which are so decidedly for peace, that they refused to enter into the mediation between Sweden and Russia, lest it should commit them. As soon as the convocation of the States General was announced, a tranquillity took place through the whole kingdom; happily, no open rupture has taken place in any part of it. The parliaments were reinstated in their functions at the same time. This was all they desired; and they had called for the States General only through fear that the crown could not otherwise be forced to reinstate them. Their end obtained, they began to foresee danger to themselves in the States General. They began to lay the foundation for cavilling at the legality of that body, if its measures should be hostile to them. The court, to clear itself of the dispute, convened the Notables, who had acted with general approbation on the former occasion, and referred to them the forms of calling and organizing the States General. These Notables consist principally of Nobility and Clergy; the few of the Tiers Etat among them being either parliament men, or other privileged persons. The court wished that, in the future States General, the members of the Tiers Etat should equal those of both the other orders, and that they should form but one House, all together, and vote by persons, not by orders. But the Notables, in the true spirit of Priests and Nobles, combining together against the people, have voted, by five bureaux out of six, that the people, or Tiers Etat, shall have no greater number of deputies than each of the other orders separately, and that they shall vote by orders: so that two orders concurring in a vote, the third will be overruled; for it is not here as in England, where each of the three branches has a negative on the other two. If this project of theirs succeeds, a combination between the two Houses of Clergy and Nobles, will render the representation of the Tiers Etat merely nugatory. The bureaux are to assemble together, to consolidate their separate votes; but I see no reasonable hope of their changing this. Perhaps the King, knowing that he may count on the support of the nation, and attach it more closely to him, may take on himself to disregard the opinion of the Notables in this instance, and may call an equal representation of the people, in which, precedents will support him. In every event, I think the present disquiet will end well. The nation has been awaked by our Revolution, they feel their strength, they are enlightened, their lights are spreading, and they will not retrograde. The first States General may establish three important points, without opposition from the court: 1, their own periodical convocation; 2, their exclusive right of taxation (which has been confessed by the King); 3, the right of registering laws, and of previously proposing amendments to them, as the parliaments have, by usurpation, been in the habit of doing. The court will consent to this, from its hatred to the parliaments, and from the desire of having to do with one, rather than many legislatures. If the States are prudent, they will not aim at more than this at first, lest they should shock the dispositions of the court, and even alarm the public mind, which must be left to open itself by degrees to successive improvements. These will follow, from the nature of things; how far they can proceed, in the end, towards a thorough reformation of abuse, cannot be foreseen. In my opinion, a kind of influence which none of their plans of reform take into account, will elude them all; I mean the influence of women, in the government. The manners of the nation allow them to visit, alone, all persons in office, to solicit the affairs of the husband, family, or friends, and their solicitations bid defiance to laws and regulations. This obstacle may seem less to those who, like our countrymen, are in the precious habit of considering right, as a barrier against all solicitation. Nor can such an one, without the evidence of his own eyes, believe in the desperate state to which things are reduced in this country from the omnipotence of an influence which, fortunately for the happiness of the sex itself, does not endeavor to extend itself in our country beyond the domestic line.

Your communications to the Count de Moustier, whatever they may have been, cannot have done injury to my endeavors here, to open the West Indies to us. On this head, the ministers are invincibly mute, though I have often tried to draw them into the subject. I have, therefore, found it necessary to let it lie, till war, or other circumstances, may force it on. Whenever they are in war with England, they must open the islands to us, and perhaps, during that war, they may see some price which might make them agree to keep them always open. In the meantime, I have laid my shoulder to the opening the markets of this country to our produce, and rendering its transportation a nursery for our seamen. A maritime force is the only one, by which we can act on Europe. Our navigation law (if it be wise to have any) should be the reverse of that of England. Instead of confining importations to home-bottoms, or those of the producing nation, I think we should confine exportations to home-bottoms, or to those of nations having treaties with us. Our exportations are heavy, and would nourish a great force of our own, or be a tempting price to the nation to whom we should offer a participation of it, in exchange for free access to all their possessions. This is an object to which our government alone is adequate, in the gross; but I have ventured to pursue it here, so far as the consumption of our productions by this country extends. Thus, in our arrangements relative to tobacco, none can be received here, but in French or American bottoms. This is employment for near two thousand seamen, and puts nearly that number of British out of employ. By the Arret of December, 1787, it was provided, that our whale oils should not be received here, but in French or American bottoms; and by later regulations, all oils, but those of France and America, are excluded. This will put one hundred English whale vessels immediately out of employ, and one hundred and fifty ere long; and call so many of French and American into service. We have had six thousand seamen formerly in this business, the whole of whom we have been likely to lose. The consumption of rice is growing fast in this country, and that of Carolina gaining ground on every other kind. I am of opinion, the whole of the Carolina rice can be consumed here. Its transportation employs two thousand five hundred sailors, almost all of them English at present; the rice being deposited at Cowes, and brought from thence here. It would be dangerous to confine this transportation to French and American bottoms, the ensuing year, because they will be much engrossed by the transportation of wheat and flour hither, and the crop of rice might lie on hand for want of vessels; but I see no objections to the extensions of our principle to this article also, beginning with the year 1790. However, before there is a necessity of deciding on this, I hope to be able to consult our new government in person, as I have asked of Congress a leave of absence for six months, that is to say, from April to November next. It is necessary for me to pay a short visit to my native country, first, to reconduct my family thither, and place them in the hands of their friends, and secondly, to place my private affairs under certain arrangements. When I left my own house, I expected to be absent but five months, and I have been led by events to an absence of five years. I shall hope, therefore, for the pleasure of personal conferences with your Excellency, on the subject of this letter, and others interesting to our country; of getting my own ideas set to rights by a communication of yours, and of taking again the tone of sentiment of my own country, which we lose, in some degree, after a certain absence. You know, doubtless, of the death of the Marquis de Chastellux. The Marquis de La Fayette is out of favor with the court, but high in favor with the nation. I once feared for his personal liberty, but I hope he is on safe ground at present.

On the subject of the whale fishery, I enclose you some observations I drew up for the ministry here, in order to obtain a correction of their Arret of September last, whereby they had involved our oils with the English, in a general exclusion from their ports. They will accordingly correct this, so that our oils will participate with theirs, in the monopoly of their markets. There are several things incidentally introduced, which do not seem pertinent to the general question; they were rendered necessary by particular circumstances, the explanation of which, would add to a letter already too long. I will trespass no further, than to assure you of the sentiments of sincere attachment and respect with which I have the honor to be, your Excellency's most obedient humble servant.

P. S. The observations enclosed, though printed, have been put into confidential hands only.


[TO JOHN ADAMS.]

Paris, December 5, 1788.

Dear Sir,—I had the pleasure of writing to you on the 2d of August, and of adding a postscript of August the 6th.

* * * * * * * * *

You recollect well the Arret of December the 29th, 1787, in favor of our commerce, and which, among other things, gave free admission to our whale oil, under a duty of about two louis a ton. In consequence of the English treaty, their oils flowed in, and overstocked the market. The light duty they were liable to under the treaty, still lessened by false estimates and aided by the high premiums of the British government, enabled them to undersell the French and American oils. This produced an outcry of the Dunkirk fishery. It was proposed to exclude all European oils, which would not infringe the British treaty. I could not but encourage this idea, because it would give to the French and American fisheries a monopoly of the French market. The Arret was so drawn up; but, in the very moment of passing it, they struck out the word European, so that our oils became involved. This, I believe, was the effect of a single person in the ministry. As soon as it was known to me, I wrote to Monsieur de Montmorin, and had conferences with him and the other ministers. I found it necessary to give them information on the subject of the whale fishery, of which they knew little but from the partial information of their Dunkirk adventurers. I therefore wrote the observations (of which I enclose you a printed copy), had them printed to entice them to read them, and particularly developed the expense at which they are carrying on that fishery, and at which they must continue it, if they do continue it. This part was more particularly intended for Mr. Neckar, who was quite a stranger to the subject, who has principles of economy, and will enter into calculations. Other subjects are incidentally introduced; though little connected with the main question, they had been called for by other circumstances. An immediate order was given for the present admission of our oils, till they could form an Arret; and, at a conference, the draught of an Arret was communicated to me, which re-established that of December 29th. They expressed fears, that, under cover of our name, the Nova Scotia oils would be introduced; and a blank was left in the draught, for the means of preventing that. They have since proposed, that the certificate of their consul shall accompany the oils, to authorize their admission, and this is what they will probably adopt. It was observed, that if our States would prohibit all foreign oils from being imported into them, it would be a great safeguard, and an encouragement to them to continue the admission. Still there remains an expression in the Arret, that it is provisory only. However, we must be contented with it as it is, my hope being, that the legislature will be transferred to the National Assembly, in whose hands it will be more stable, and with whom it will be more difficult to obtain a repeal, should the ministry hereafter desire it. If they could succeed in drawing over as many of our Nantucket men as would supply their demands of oil, we might then fear an exclusion; but the present Arret, as soon as it shall be passed, will, I hope, place us in safety till that event, and that event may never happen. I have entered into all these details, that you may be enabled to quiet the alarm which must have been raised by the Arret of September the 28th, and assure the adventurers that they may pursue their enterprises as safely as if that had never been passed, and more profitably, because we participate now of a monopolized, instead of an open market. The enclosed observations, though printed, have only been given to the ministers, and one or two other confidential persons. You will see that they contain matter which should be kept from the English, and will, therefore, trust them to the perusal only of such persons as you can confide in. We are greatly indebted to the Marquis de La Fayette for his aid on this, as on every other occasion. He has paid the closest attention to it, and combated for us, with the zeal of a native.

The necessity of reconducting my family to America, and of placing my affairs there under permanent arrangements, has obliged me to ask of Congress a six months' absence, to wit, from April to November next. I hope, therefore, to have the pleasure of seeing you there, and particularly, that it will be at New York that I shall find you. Be so good as to present my sincere esteem to Mrs. Adams, and believe me to be, with very affectionate attachment, dear Sir, your friend and servant.


[TO MR. SHORT.]

Paris, December 8, 1788.

Dear Sir,—My last to you was of the 21st of November, addressed to Milan, poste restante, according to the desire expressed through Mrs. Paradise. I have lately received yours of the 19th of November, and sincerely felicitate you on your recovery. I wish you may have suffered this to be sufficiently established before you set out on your journey. The present letter will probably reach you amidst the classical enjoyments of Rome. I feel myself kindle at the reflection, to make that journey; but circumstances will oblige me to postpone it, at least. We are here under a most extraordinary degree of cold. The thermometer has been ten degrees of Reaumur below freezing; this is eight degrees of Fahrenheit above zero, and was the degree of cold here in the year 1740. The long continuance of this severity, and the snow now on the ground, give physical prognostications of a hard winter. You will be in a privileged climate, and will have had an enviable escape from this. The Notables are not yet separated, nor is their treasonable vote against the people yet consolidated; but it will be. The parliament have taken up the subject, and passed a very laudable vote in opposition. They have made it the occasion of giving sketches of what should be a bill of rights. Perhaps this opposition of authority may give the court an option between the two. Stocks are rising slowly, but steadily. The loan of 1784, is at thirteen loss; the caisse d'escompte, four thousand and seventy-five. The Count de Bryenne has retired, and M. de Puy-segur succeeded to his place. Madame de Chambonois (sister of M. de Langear) is dead of the small-pox. Pio is likely to receive a good appointment in his own country, which will take him from us. Corn is likely to become extremely scarce in France, Spain and England. This country has offered a premium of forty sous the quintal on flour of the United States, and thirty sous the quintal on our wheat, to be brought here between February and June.

General Washington writes me that industry and economy begin to take place of that idleness and extravagance which had succeeded to the close of the war. The Potomac canal is in great forwardness. J. M. writes me word that Mr. Jay and General Knox are talked of in the middle States for Vice Presidents, but he queries whether both will not prefer their present berths. It seems agreed that some amendments will be made to the new Constitution. All are willing to add a bill of rights; but they fear the power of internal taxation will be abridged. The friends of the new government will oppose the method of amendment by a federal convention, which would subject the whole instrument to change, and they will support the other method, which admits Congress, by a vote of two-thirds, to submit specific changes to the Assemblies, three-fourths of whom must concur to establish them.

The enclosed letter is from Pallegrino, one of the Italian laborers established in our neighborhood. I fancy it contains one for his father. I have supposed it would not be unpleasant to you to have the delivery of it, as it may give you a good opportunity of conferring with one of that class as much as you please. I obey at the same time my own wishes to oblige the writer. Mazzei is at this time ill, but not in danger. I am impatient to receive further letters from you, which may assure me of the solidity of your recovery, being with great anxiety for your health and happiness, dear Sir, your affectionate friend and servant.


[The annexed is here inserted in the Author's MS. To whom addressed, does not appear.]

The Minister Plenipotentiary for the United States of America, finds himself under the necessity of declining to authenticate writings destined to be sent to the United States, for this main reason, that such authentication is not legal evidence there. After a reason so sufficient, it seems superfluous to add, that, were his authentication admissible in the courts of the United States, he could never give it to any seal or signature, which had not been put in his presence; that he could never certify a copy, unless both that and the original were in a hand-writing legible to him, and had been compared together by him, word by word: that so numerous are the writings presented, that their authentication alone, would occupy the greater part of his time, and withdrawing him from his proper duties, would change the nature of his office to that of a Notary. He observes to those who do him the honor of addressing themselves to him on this subject, that the laws for the authentication of foreign writings, are not the same through all the United States, some requiring an authentication under the seal of the Prevoté of a city, and others admitting that of a Notary; but that writings authenticated in both these manners, will, under the one or the other, be admitted in most, if not all, of the United States. It would seem advisable, then, to furnish them with this double authentication.


[TO DOCTOR CURRIE.]

Paris, December 20, 1788.

Dear Doctor,—"Procrastination is the thief of time," so says Young, and so I find it. It is the only apology, and it is the true one for my having been so long without writing to you. In the meantime I shall overtake the present epistle if it be as long getting to you as my letters are sometimes coming to me from America. I have asked of Congress a leave of five or six months' absence this year to carry my family back to America, and hope to obtain it in time to sail in April from Havre for James river directly. In this case I shall have the pleasure of seeing you at Richmond and Eppington a few days. This country is seriously meditating the establishment of a constitution, and the distress of the court for money with the real good intentions of the King, will produce their concurrence in it. All the world is occupied at present in framing, every one his own plan, of a bill of rights. The States General will meet probably in March, (the day not being yet known.) They will probably establish their own periodical meetings, their right to participate of the legislation, their sole right to tax. So far the court will not oppose. Some will endeavor to procure, at the same time, a habeas corpus law and free press. I doubt if the latter can be obtained yet, and as for the former, I hardly think the nation itself ripe to accept it. Though they see the evil of lettres de cachet, they believe they do more good on the whole. They will think better in time. The right of taxation includes the idea of fixing a civil list for the King, and of equalizing the taxes on the clergy and nobility as well as the commons. The two former orders do not pay one-third of the proportion ad valorum, which the last pay. This will be a great addition to their revenue. While engaged so much internally, you may be assured they wish for external peace. The insanity of the King of England will much befriend their desires in this respect. Regencies are generally peaceable. The war in the north appeared at one time likely to be quieted, but new dissensions in Poland threaten to embroil Russia and Prussia. In this case Prussia will previously make her peace with the Turks by ceding the Crimea to them. So much for political news. In the literary way we are like, after a very long dearth of good publications, to have something worth reading. The works of the late King of Prussia in sixteen volumes 8vo, appear now. They contain new and curious historical matter. A work on Grecian Antiquities, by the Abbé Barthelemi, of great classical learning, the produce of twenty years' labor, is now in the press, about eight volumes 8vo. A single small volume on government, by the Marquis de Condorcet, is struggling to get abroad in spite of the prohibition it is under. You have heard of the new chemical nomenclature endeavored to be introduced by Lavoisier, Fourcroy, &c. Other chemists of this country, of equal note, reject it, and prove, in my opinion, that it is premature, insufficient and false. These latter are joined by the British chemists; and upon the whole, I think the new nomenclature will be rejected, after doing more harm than good. There are some good publications in it, which must be translated into the ordinary chemical language before they will be useful. A person lately discovered here a very simple method of bleaching yellow paper, or stained paper, (provided there be no grease on the stain,) by the fumes of the muriatic acid poured on magnesia. He showed it to me two or three days after the discovery. On mentioning it to M. Bertholet, we found that a process on the same principles had, for a year or two past, been adopted successfully for the bleaching linen. This is now effected in from eight hours to two or three days, without requiring the great bleaching fields which the ancient method does; and they say that the linen is less injured. There are two large bleacheries established in this country on this principle, and I believe they are beginning to try it in England. There is a vast improvement in the composition of gunpowder, not yet communicated to the public. We are now at the twenty-ninth livraison of the Encyclopedia. I shall bring to Mr. Hay what he has not yet received, and have then the pleasure of assuring you in person of the sentiments of sincere esteem with which I am, dear Sir, your friend and servant.


[TO THOMAS PAINE.]

Paris, December 23, 1788.

Dear Sir,—It is true that I received, very long ago, your favors of September the 9th and 15th, and that I have been in daily intention of answering them, fully and confidentially; but you know, such a correspondence between you and me cannot pass through the post, nor even by the couriers of ambassadors. The French packet boats being discontinued, I am now obliged to watch opportunities by Americans going to London, to write my letters to America. Hence it has happened, that these, the sole opportunities by which I can write to you without fear, have been lost, by the multitude of American letters I had to write. I now determine, without foreseeing any such conveyance, to begin my letter to you, so that when a conveyance occurs, I shall only have to add recent occurrences. Notwithstanding the interval of my answer which has taken place, I must beg a continuance of your correspondence; because I have great confidence in your communications, and since Mr. Adams' departure, I am in need of authentic information from that country.

I will begin with the subject of your bridge, in which I feel myself interested; and it is with great pleasure that I learn, by your favor of the 16th, that the execution of the arch of experiment exceeds your expectations. In your former letter, you mention, that instead of arranging your tubes and bolts as ordinates to the cord of the arch, you had reverted to your first idea, of arranging them in the direction of the radii. I am sure it will gain, both in beauty and strength. It is true that the divergence of those radii recurs as a difficulty, in getting the rails on upon the bolts; but I thought this fully removed by the answer you first gave me, when I suggested that difficulty, to wit, that you should place the rails first, and drive the bolts through them, and not, as I had imagined, place the bolts first, and put the rails on them. I must doubt whether what you now suggest, will be as good as your first idea; to wit, to have every rail split into two pieces longitudinally, so that there shall be but the halves of the holes in each, and then to clamp the two halves together. The solidity of this method cannot be equal to that of the solid rail, and it increases the suspicious part of the whole machine, which, in a first experiment, ought to be rendered as few as possible. But of all this, the practical iron men are much better judges than we theorists. You hesitate between the catenary and portion of a circle. I have lately received from Italy, a treatise on the equilibrium of arches, by the Abbé Mascheroni. It appears to be a very scientific work. I have not yet had time to engage in it; but I find that the conclusions of his demonstrations are, that every part of the catenary is in perfect equilibrium. It is a great point, then, in a new experiment, to adopt the sole arch, where the pressure will be equally borne by every point of it. If any one point is pushed with accumulated pressure, it will introduce a danger foreign to the essential part of the plan. The difficulty you suggest, is, that the rails being all in catenaries, the tubes must be of different lengths, as these approach nearer or recede farther from each other, and therefore, you recur to the portions of concentric circles, which are equi-distant in all their parts. But I would rather propose, that you make your middle rail an exact catenary, and the interior and exterior rails parallels to that. It is true they will not be exact catenaries, but they will depart very little from it; much less than portions of circles will. Nothing has been done here on the subject since you went away. There is an Abbé D'Arnal at Nismes, who has obtained an exclusive privilege for navigating the rivers of this country, by the aid of the steam engine. This interests Mr. Rumsey, who had hoped the same thing. D'Arnal's privilege was published in a paper of the 10th of November. Probably, therefore, his application for it was previous to the delivery of Mr. Rumsey's papers to the Secretary of the Academy of Sciences, which was in the latter part of the month of August. However, D'Arnal is not a formidable competitor. He is not in circumstances to make any use, himself, of his privilege, and he has so illy succeeded with a steam mill he erected at Nismes, that he is not likely to engage others to venture in his projects. To say another word of the catenarian arch, without caring about mathematical demonstrations, its nature proves it to be in equilibrio in every point. It is the arch formed by a string fixed at both ends, and swaying loose in all the intermediate points. Thus at liberty, they must finally take that position, wherein every one will be equally pressed; for if any one was more pressed than the neighboring point, it would give way, from the flexibility of the matter of the string.

* * * * * * * * *

I am, with sentiments of sincere esteem and attachment, dear Sir, your friend and servant.


[TO MR. THOMAS PAINE].

Paris, December 23, 1788.

Dear Sir,—As to the affairs of this country, they have hitherto gone on well. The Court being decided to call the States General, know that the form of calling and constituting them would admit of cavil. They asked the advice of the Notables. These advised that the form of the last States General of 1614 be observed. In that, the commons had but about one-third of the whole number of members, and they voted by orders. The Court wished now that they should have one-half of the whole number of members, and that they should form but one house, not three. The parliament have taken up the subject, and given the opinion which the Court would have wished. We are, therefore, in hopes that, availing themselves of these contrary opinions, they will follow that which they wished. The priests and nobles threaten schism; and we do not know yet what form will ultimately be adopted. If no schism of this kind prevents it, the States will meet about March or April, and will obtain, without opposition from the Court, 1. Their own periodical convocation; 2. A share in the legislation; 3. The exclusive right to tax and appropriate the public money. They will attempt also to obtain a habeas corpus law and free press; but it does not appear to me that the nation is ripe to accept of these, if offered. They may try to modify them to their present ideas in their first session, and at some future day adopt them in all their latitude. Upon the whole, if the dispute between the privileged and unprivileged orders does not prevent it, there is no doubt in my mind that they will obtain a fixed, free and wholesome Constitution. I should add, also, if external war does not call them from this pursuit. But against this they are secured by the insanity of the King of England, and they will not suffer themselves to be drawn into war by any other nation. There is reason to believe that the disturbances lately arisen in Poland, will induce the Empress to make her peace with the Turks, by parting with the Crimea, that she may be able to turn herself this way and preserve Poland, of more consequence to her. In this event, there is no doubt the Emperor makes peace with the Turks also, and it would not surprise if he and the Empress should attack the King of Prussia. I think it is not apprehended here that the death of the King of Spain will make any change in the politics of that Court. You ask about Mr. Littlepage. We heard that he joined the Prince of Nassau on the Black Sea, but know nothing of him since, nor have we any information about Paul Jones since the first action on that sea, wherein he was present. You also ask when I shall go to America, and whether by the way of England. I hope to receive my permission in time to sail immediately after the vernal equinox, because this will give me time to arrange my affairs in America, and to return here between the autumnal equinox and setting in of the winter. I shall certainly not go by the way of England. The encumbrance of a family and baggage will prevent this. I hope you will find some conveyance sufficiently confidential to communicate to me by letter what you say you wish to communicate in person. While in America, I shall attend on our President and Senate in order to possess them of such views of European affairs as I shall have been able to obtain. I shall suppose this the more my duty, as they will be forming their plan of foreign affairs. You have heard of the Arret of September 28th, excluding foreign whale oils from the ports of this country. I have obtained the promise of an explanatory Arret to declare that that of September 28th was not meant to extend to us. Orders are accordingly given in the ports to receive ours, and the Arret will soon be published. This places us on a better footing than ever, as it gives us a monopoly of this market in conjunction with the French fishermen.


[TO MR. CARMICHAEL.]

Paris, December 25, 1788.

Dear Sir,—A sick family has prevented me, for upwards of a month, from putting pen to paper but in indispensable cases, and for some time before that, I had been waiting to receive American news worth communicating to you. These causes have occasioned my silence since my last, which was of the 12th of August, and my leaving unacknowledged, till now, your several favors of July 24th, Aug. 14th, Sept. 9th and Nov. 3d. That of the 14th instant also came to hand the day before yesterday.

You have long ago known that eleven States have ratified our new Constitution, and that North Carolina, contrary to all expectation, had declined either accepting or refusing, but has proposed amendments copied verbatim from those of Virginia. Virginia and Massachusetts had preferred this method of management, that is to say, desiring Congress to propose specific amendments to the several legislatures, which is one of the modes of amendment provided in the new Constitution; in this way nothing can be touched but the parts specifically pointed out. New York has written circular letters to the legislatures to adopt the other mode of amendment, provided also by the Constitution, that is to say, to assemble another federal convention. In this way the whole fabric would be submitted to alteration. Its friends, therefore, unite in endeavoring to have the first method adopted, and they seem agreed to concur in adding a bill of rights to the Constitution. This measure will bring over so great a part of the opposition, that what will remain after that will have no other than the good effect of watching, as sentinels, the conduct of government, and laying it before the public. Many of the opposition wish to take from Congress the power of internal taxation. Calculation has convinced me this would be very mischievous. The Electors are to be chosen the first Wednesday of January; President the first Wednesday in February, and the new government is to meet at New York the first Wednesday in March. The election of Senators has already begun. Pennsylvania has chosen Mr. R. Morrison and McClay; Connecticut, Dr. Johnson and Elsworth. I have heard of no others. I hope there is no doubt of General Washington's acceptance of the Presidentship. Mr. J. Adams, Mr. Hancock, Mr. Jay and General Knox, are talked of in the Northern and Middle States for Vice-President. Yet it is suggested to me that the two latter will probably prefer their present offices, and the two former divide each other's interest so that neither may be chosen. Remarkable deaths are Colonel Bannister of Virginia, and John Penn of North Carolina. General Washington writes me word that the great rains had prevented the continuance of their labors on the Potomac, so that they should not be able to bring the navigation this winter to the great falls as he had hoped. It will want little of it, and no doubt remains of their completing the whole. That of James River has some time since been so far completed as to let vessels pass down to Richmond. The crop of wheat in America the last year has been a fine one both for quantity and quality. This country is likely to want. They have offered a premium of forty sous the quintal on flour of the United States, and thirty sous on their wheat imported here. They have also opened their islands for our supplies. Much will come here. Views which bid defiance to my calculations had induced this court in an Arret of September 28th, to comprehend us with the English, in the exclusion of whale oil from their ports, in flat contradiction to their Arret of December last. This you know would be a sentence of banishment to the inhabitants of Nantucket, and there is no doubt they would have removed to Nova Scotia or England, in preference to any other part of the world. A temporary order, however, is now given for our admittance, and a more prominent one under preparation. The internal affairs of this country will, I hope, go on well. Neither the time, place, nor form of the States General are yet announced. But they will certainly meet in March or April. The clergy and nobility, as clergy and nobility eternally will, are opposed to the giving to the Tiers Etat so effectual a representation as may dismount them from their backs. The court wishes to give to the unprivileged order an equal number of votes with the privileged, and that they should sit in one house, but the court is timid. Some are of opinion that a majority of the nobles are also on the side of the people. I doubt it when so great a proportion of the Notables, indeed almost an unanimity, were against them, and five princes of the blood out of seven. If no schism prevents the proceedings of the States General, I suppose they will obtain in their first session, 1. The periodical convocation of the States. 2. Their participation in the legislature; and 3. Their exclusive right to levy and appropriate money; and that at some future day, not very far distant, they will obtain a habeas corpus law and free press. They have great need of external peace to let them go on quietly with these internal improvements. This seems to be secured to them by the insanity of the King of England. Regents are generally peaceable, and I think this country will not let itself be diverted from its object by any other power. There are symptoms which render it suspicious that the two empires may make their peace with the Turks. It seems more eligible to Russia to do this by ceding the Crimea to them, that she may turn to the other side and save Poland, which the King of Prussia is endeavoring to wrest from her. Probably the loss of his principal ally will induce him to adopt a language and a conduct less Thrasonic. The death of the King of Spain contributes to throw into uncertainty the future face and fate of Europe. The English count on his successor. We have not yet received from London the decision on the question of regency. It is believed the Prince of Wales will be sole regent, and that there will be a total change in the ministry. In this case, probably 1405. 452. will be 846. 1453. 915. he will have found that the old proverb is not always true, "that a bird in the hand is worth two in the bush." There is something 816. 1209. 1225. 319. 8. 1548. 173. 1140. 457. 980. 913. 537. 814. 478. 887. 1363. 12. 1271. 1266. 904. 1266. 1017. 1548. 1128. 1581. 1438. 254.

The necessity of carrying back my family to America, and of carrying my affairs, which I left under expectation of returning to them very soon, have induced me to ask of Congress a leave of five or six months' absence during the next year. I hope to obtain it in time to sail soon after the vernal equinox, and shall return immediately after the autumnal. I shall be happy while there if I can render you any service, and shall hope to receive your commands before my departure, and in the meantime a continuance of your interesting communications, now become much more so, till we see which way the new administration of your residence will turn itself. I have the honor to be, with great and sincere esteem, dear Sir, your most obedient, and most humble servant.


[TO DR. PRICE.]

Paris, January 8, 1789.

Dear Sir,—I was favored with your letter of October 26th, and far from finding any of its subjects uninteresting as you apprehend, they were to me, as everything which comes from you, pleasing and instructive. I concur with you strictly in your opinion of the comparative merits of atheism and demonism, and really see nothing but the latter in the being worshipped by many who think themselves Christians. Your opinions and writings will have effect in bringing others to reason on this subject. Our new Constitution, of which you speak also, has succeeded beyond what I apprehended it would have done. I did not at first believe that eleven States out of thirteen would have consented to a plan consolidating them as much into one. A change in their dispositions, which had taken place since I left them, had rendered this consolidation necessary, that is to say, had called for a federal government which could walk upon its own legs, without leaning for support on the State legislatures. A sense of necessity, and a submission to it, is to me a new and consolatory proof that, whenever the people are well-informed, they can be trusted with their own government; that, whenever things get so far wrong as to attract their notice, they may be relied on to set them to rights. You say you are not sufficiently informed about the nature and circumstances of the present struggle here. Having been on the spot from its first origin, and watched its movements as an uninterested spectator, with no other bias than a love of mankind, I will give you my ideas of it. Though celebrated writers of this and other countries had already sketched good principles on the subject of government, yet the American war seems first to have awakened the thinking part of this nation in general from the sleep of despotism in which they were sunk. The officers too who had been to America, were mostly young men, less shackled by habit and prejudice, and more ready to assent to the dictates of common sense and common right. They came back impressed with these. The press, notwithstanding its shackles, began to disseminate them; conversation, too, assumed new freedom; politics became the theme of all societies, male and female, and a very extensive and zealous party was formed, which may be called the Patriotic party, who, sensible of the abusive government under which they lived, longed for occasions of reforming it. This party comprehended all the honesty of the kingdom, sufficiently at its leisure to think; the men of letters, the easy bourgeois, the young nobility, partly from re-reflection, partly from mode; for those sentiments became a matter of mode, and as such united most of the young women to the party. Happily for the nation, it happened that, at the same moment, the dissipations of the court had exhausted the money and credit of the State, and M. de Calonnes found himself obliged to appeal to the nation, and to develop to it the ruin of their finances. He had no idea of supplying the deficit by economies, he saw no means but new taxes. To tempt the nation to consent to these some douceurs were necessary. The Notables were called in 1787. The leading vices of the constitution and administration were ably sketched out, good remedies proposed, and under the splendor of the propositions, a demand for more money was couched. The Notables concurred with the minister in the necessity of reformation, adroitly avoided the demand of money, got him displaced, and one of their leading men placed in his room. The archbishop of Thoulouse, by the aid of the hopes formed of him, was able to borrow some money, and he reformed considerably the expenses of the court. Notwithstanding the prejudices since formed against him, he appeared to me to pursue the reformation of the laws and constitution as steadily as a man could do who had to drag the court after him, and even to conceal from them the consequences of the measures he was leading them into. In his time the criminal laws were reformed, provincial assemblies and States established in most of the provinces, the States General promised, and a solemn acknowledgment made by the King that he could not impose a new tax without the consent of the nation. It is true he was continually goaded forward by the public clamors, excited by the writings and workings of the Patriots, who were able to keep up the public fermentation at the exact point which borders on resistance, without entering on it. They had taken into their alliance the Parliaments also, who were led, by very singular circumstances, to espouse, for the first time, the rights of the nation. They had from old causes had personal hostility against M. de Calonnes. They refused to register his laws or his taxes, and went so far as to acknowledge they had no power to do it. They persisted in this with his successor, who therefore exiled them. Seeing that the nation did not interest themselves much for their recall, they began to fear that the new judicatures proposed in their place would be established and that their own suppression would be perpetual. In short, they found their own strength insufficient to oppose that of the King. They therefore insisted that the States General should be called. Here they became united with and supported by the Patriots, and their joint influence was sufficient to produce the promise of that assembly. I always suspected that the archbishops had no objections to this force under which they laid him. But the Patriots and Parliament insisted it was their efforts which extorted the promise against his will. The re-establishment of the Parliament was the effect of the same coalition between the Patriots and Parliament; but, once re-established, the latter began to see danger in that very power, the States General, which they had called for in a moment of despair, but which they now foresaw might very possibly abridge their powers. They began to prepare grounds for questioning their legality, as a rod over the head of the States, and as a refuge if they should really extend their reformations to them. Mr. Neckar came in at this period and very dexterously disembarrassed the administration of these disputes by calling the notables to advise the form of calling and constituting the States. The court was well disposed towards the people, not from principles of justice or love to them; but they want money. No more can be had from the people. They are squeezed to the last drop. The clergy and nobles, by their privileges and influence, have kept their property in a great measure untaxed hitherto. They then remain to be squeezed, and no agent is powerful enough for this but the people. The court therefore must ally itself with the people. But the Notables, consisting mostly of privileged characters, had proposed a method of composing the States, which would have rendered the voice of the people, or Tiers Etats, in the States General, inefficient for the purpose of the court. It concurred then with the Patriots in intriguing with the Parliament to get them to pass a vote in favor of the rights of the people. This vote, balancing that of the Notables, has placed the court at liberty to follow its own views, and they have determined that the Tiers Etat shall have in the States General as many votes as the clergy and nobles put together. Still a great question remains to be decided, that is, shall the States General vote by orders, or by persons? precedents are both ways. The clergy will move heaven and earth to obtain the suffrage by orders, because that parries the effect of all hitherto done for the people. The people will probably send their deputies expressly instructed to consent to no tax, to no adoption of the public debts, unless the unprivileged part of the nation has a voice equal to that of the privileged; that is to say, unless the voice of the Tiers Etat be equalled to that of the clergy and nobles. They will have the young noblesse in general on their side, and the King and court. Against them will be the ancient nobles and the clergy. So that I hope, upon the whole, that by the time they meet, there will be a majority of the nobles themselves in favor of the Tiers Etat. So far history. We are now to come to prophecy; for you will ask, to what will all this lead? I answer, if the States General do not stumble at the threshold on the question before stated, and which must be decided before they can proceed to business, then they will in their first session easily obtain, 1. Their future periodical convocation of the States. 2. Their exclusive right to raise and appropriate money which includes that of establishing a civil list. 3. A participation in legislation; probably at first, it will only be a transfer to them of the portion of it now exercised by parliament, that is to say, a right to propose amendments and a negative. But it must infallibly end in a right of origination. 4. Perhaps they may make a declaration of rights. It will be attempted at least. Two other objects will be attempted, viz., a habeas corpus law and a free press. But probably they may not obtain these in the first session, or with modifications only, and the nation must be left to ripen itself more for their unlimited adoption. Upon the whole, it has appeared to me that the basis of the present struggle is an illumination of the public mind as to the rights of the nation, aided by fortunate incidents; that they can never retrograde, but from the natural progress of things, must press forward to the establishment of a constitution which shall assure to them a good degree of liberty. They flatter themselves they shall form a better constitution than the English. I think it will be better in some points—worse in others. It will be better in the article of representation, which will be more equal. It will be worse, as their situation obliges them to keep up the dangerous machine of a standing army. I doubt, too, whether they will obtain the trial by jury, because they are not sensible of its value.

I am sure I have by this time heartily tired you with this long epistle, and that you will be glad to see it brought to an end, with assurances of the sentiments of esteem and respect with which I have the honor to be, dear Sir, your most obedient, and most humble servant.


[TO MR. JAY.]

Paris, January 11, 1789.

Sir,—My last letters were of the 14th, 19th and 29th of November, by the way of London. The present will go the same way, through a private channel.

All military operations in Europe seem to have been stopped, by the excessive severity of the weather. In this country, it is unparalleled in so early a part of the winter, and in duration, having continued since the middle of November, during which time, it has been as low as nine degrees below nought, that is to say, forty degrees below freezing, by Fahrenheit's thermometer; and it has increased the difficulties of the administration here. They had, before, to struggle with the want of money, and want of bread for the people, and now, the want of fuel for them, and want of employment. The siege of Oczakow is still continued, the soldiers sheltering themselves in the Russian manner, in subterraneous barracks; and the Captain Pacha has retired with his fleet. The death of the King of Spain has contributed, with the insanity of the English King, to render problematical, the form which the affairs of Europe will ultimately take. Some think a peace possible between the Turks and the two Empires, with the cession of Crimea to the former, as less important to Russia than Poland, which she is in danger of losing. In this case, the two Empires might attack the King of Prussia, and the scene of war be only changed. He is certainly uneasy at the accident happened to his principal ally. There seems no doubt, but that the Prince of Wales will be sole regent; but it is also supposed, they will not give him the whole executive power, and particularly, that of declaring war without the consent of the parliament. Should his personal dispositions, therefore, and that of a new ministry, be the same which the King had, of co-operating with Prussia, yet the latter cannot count on their effect. Probably, the parliament will not consent to war, so that I think we may consider the two great powers of France and England as absolutely at rest for some time.

As the character of the Prince of Wales is becoming interesting, I have endeavored to learn what it truly is. This is less difficult in his case, than in that of other persons of his rank, because he has taken no pains to hide himself from the world. The information I most rely on, is from a person here with whom I am intimate, who divides his time between Paris and London, an Englishman by birth, of truth, sagacity and science. He is of a circle, when in London, which has had good opportunities of knowing the Prince; but he has also, himself, had special occasions of verifying their information, by his own personal observation. He happened, when last in London, to be invited to a dinner of three persons. The Prince came by chance, and made the fourth. He ate half a leg of mutton; did not taste of small dishes, because small; drank Champagne and Burgundy, as small beer during dinner, and Bourdeaux after dinner, as the rest of the company. Upon the whole, he ate as much as the other three, and drank about two bottles of wine without seeming to feel it. My informant sat next him, and being till then unknown to the Prince, personally, (though not by character,) and lately from France, the Prince confined his conversation almost entirely to him. Observing to the Prince that he spoke French without the least foreign accent, the Prince told him, that when very young, his father had put only French servants about him, and that it was to that circumstance he owed his pronunciation. He led him from this to give an account of his education, the total of which was the learning a little Latin. He has not a single element of Mathematics, of Natural or Moral Philosophy, or of any other science on earth, nor has the society he has kept been such as to supply the void of education. It has been that of the lowest, the most illiterate and profligate persons of the kingdom, without choice of rank or mind, and with whom the subjects of conversation are only horses, drinking-matches, bawdy houses, and in terms the most vulgar. The young nobility, who begin by associating with him, soon leave him, disgusted with the insupportable profligacy of his society; and Mr. Fox, who has been supposed his favorite, and not over-nice in the choice of company, would never keep his company habitually. In fact, he never associated with a man of sense. He has not a single idea of justice, morality, religion, or of the rights of men, or any anxiety for the opinion of the world. He carries that indifference for fame so far, that he would probably not be hurt were he to lose his throne, provided he could be assured of having always meat, drink, horses, and women. In the article of women, nevertheless, he is become more correct, since his connection with Mrs. Fitzherbert, who is an honest and worthy woman: he is even less crapulous than he was. He had a fine person, but it is becoming coarse. He possesses good native common sense; is affable, polite, and very good humored. Saying to my informant, on another occasion, "your friend, such a one, dined with me yesterday, and I made him damned drunk;" he replied, "I am sorry for it; I had heard that your royal highness had left off drinking:" the Prince laughed, tapped him on the shoulder very good naturedly, without saying a word, or ever after showing any displeasure. The Duke of York, who was for some time cried up as the prodigy of the family, is as profligate, and of less understanding. To these particular traits, from a man of sense and truth, it would be superfluous to add the general terms of praise or blame, in which he is spoken of by other persons, in whose impartiality and penetration I have less confidence. A sample is better than a description. For the peace of Europe, it is best that the King should give such gleamings of recovery, as would prevent the regent or his ministry from thinking themselves firm, and yet, that he should not recover.

This country advances with a steady pace towards the establishment of a constitution, whereby the people will resume the great mass of those powers, so fatally lodged in the hands of the King. During the session of the Notables, and after their votes against the rights of the people, the parliament of Paris took up the subject, and passed a vote in opposition to theirs (which I send you). This was not their genuine sentiment; it was a manœuvre of the young members, who are truly well disposed, taking advantage of the accidental absence of many old members, and bringing others over by the clause, which, while it admits the negative of the States General in legislation, reserves still to the parliament the right of enregistering, that is to say, another negative. The Notables persevered in their opinion. The Princes of the blood, (Monsieur and the Duke d'Orleans excepted,) presented and published a memoir, threatening a scission. The parliament were proposing to approve of that memoir, (by way of rescinding their former vote,) and were prevented from it by the threat of a young member to impeach (denoncer) the memoir and the Princes who signed it. The vote of the Notables, therefore, remaining balanced by that of the Parliament, the voice of the nation becoming loud and general for the rights of the Tiers Etat, a strong probability that if they were not allowed one half the representation, they would send up their members with express instructions to agree to no tax and to no adoption of the public debts, and the court really wishing to give them a moiety of the representation, this was decided on ultimately. You are not to suppose that these dispositions of the court proceed from any love of the people, or justice towards their rights. Courts love the people always, as wolves do the sheep. The fact is this. The court wants money. From the Tiers Etat they cannot get it, because they are already squeezed to the last drop. The clergy and the nobles, by their privileges and their influence, have hitherto screened their property in a great degree, from public contribution. That half of the orange then, remains yet to be squeezed, and for this operation there is no agent powerful enough, but the people. They are, therefore, brought forward as the favorites of the court, and will be supported by them. The moment of crisis will be the meeting of the States; because their first act will be, to decide whether they shall vote by persons or by orders. The clergy will leave nothing unattempted to obtain the latter; for they see that the spirit of reformation will not confine itself to the political, but will extend to the ecclesiastical establishment also. With respect to the nobles, the younger members are generally for the people, and the middle aged are daily coming over to the same side; so that by the time the States meet, we may hope there will be a majority of that body also in favor of the people, and consequently for voting by persons, and not by orders.

You will perceive, by the report of Mr. Neckar, (in the gazette of France,) 1, a renewal of the renunciation of the power of imposing a new tax by the King, and a like renunciation of the power of continuing any old one; 2, an acknowledgment that the States are to appropriate the public moneys, which will go to the binding the court to a civil list; 3, a consent to the periodical meeting of the States; 4, to consider of the restrictions of which lettres de cachet are susceptible; 5, the degree of liberty to be given to the press; 6, a bill of rights; and 7, there is a passage which looks towards the responsibility of ministers. Nothing is said of communicating to them a share in the legislation. The ministry, perhaps, may be unwilling to part with this, but it will be insisted on in the States. The letters of convocation will not appear till towards the latter end of the month: neither time nor place are yet declared, but Versailles is talked of, and we may well presume that some time in April will be fixed on. In the meantime, Mr. Neckar gets money to keep the machine in motion. Their funds rose slowly, but steadily, till within these few days, when there was a small check. However, they stand very well, and will rise. The caisse d'escompte lent the government twenty-five millions, two days ago. The navy of this country sustained a heavy loss lately, by the death of the Bailli de Suffrein. He was appointed Generalissimo of the Atlantic, when war was hourly expected with England, and is certainly the officer on whom the nation would have reposed its principal hopes, in such a case. We just now hear of the death of the Speaker of the House of Commons, before the nomination of a regent, which adds a new embarrassment to the re-establishment of government in England.

Since writing mine of November the 29th, yours of the 23d of September has come to hand. As the General of the Mathurins was to be employed in the final redemption of our captives, I thought that their previous support had better be put into his hands, and conducted by himself in such a way as not to counterwork his plan of redemption, whenever we can enable him to begin on it. I gave him full powers as to the amount and manner of subsisting them. He has undertaken it, informing me, at the same time, that it will be on a very low scale, to avoid suspicion of its coming from the public. He spoke of but three sous a day per man, as being sufficient for their physical necessaries, more than which, he thinks it not advisable to give. I have no definitive answer yet from our bankers, whether we may count on the whole million last agreed to be borrowed, but I have no doubt of it, from other information, though I have not their formal affirmative. The gazettes of Leyden and France to this date, accompany this. I have the honor to be, with sentiments of the most perfect esteem and respect, Sir, your most obedient, and most humble servant.


[TO JAMES MADISON.]

Paris, January 12, 1789.

Dear Sir,—My last to you was of the 18th of November; since which, I have received yours of the 21st of September and October the 8th, with the pamphlet on the Mohicon language, for which, receive my thanks. I endeavor to collect all the vocabularies I can, of the American Indians, as of those of Asia, persuaded, that if they ever had a common parentage, it will appear in their languages.

I was pleased to see the vote of Congress, of September the 16th, on the subject of the Mississippi, as I had before seen, with great uneasiness, the pursuits of other principles, which I could never reconcile to my own ideas of probity or wisdom, and from which, and my knowledge of the character of our western settlers, I saw that the loss of that country was a necessary consequence. I wish this return to true policy, may be in time to prevent evil. There has been a little foundation for the reports and fears relative to the Marquis de La Fayette. He has, from the beginning, taken openly part with those who demand a constitution; and there was a moment that we apprehended the Bastile; but they ventured on nothing more, than to take from him a temporary service, on which he had been ordered; and this, more to save appearances for their own authority, than anything else; for at the very time they pretended that they had put him into disgrace, they were constantly conferring and communicating with him. Since this, he has stood on safe ground, and is viewed as among the foremost of the patriots. Everybody here is trying their hand at forming declarations of rights. As something of that kind is going on with you also, I send you two specimens from hence. The one is by our friend of whom I have just spoken. You will see that it contains the essential principles of ours, accommodated as much as could be, to the actual state of things here. The other is from a very sensible man, a pure theorist, of the sect called the economists, of which Turgot was considered as the head. The former is adapted to the existing abuses, the latter goes to those possible, as well as to those existing.

With respect to Dr. Spence, supposed to have been taken by the Algerines, I think the report extremely improbable. O'Bryan, one of our captives there, has constantly written to me, and given me information on every subject he thought interesting. He could not have failed to know if such a capture had been made, though before his time, nor to inform me of it. I am under perpetual anxiety for our captives there. The money, indeed, is not yet ready at Amsterdam; but when it shall be, there are no orders from the board of treasury to the bankers, to furnish what may be necessary for the redemption of the captives; and it is so long since Congress approved the loan, that the orders of the treasury for the application of the money would have come, if they had intended to send any. I wrote to them early on the subject, and pointedly. I mentioned it to Mr. Jay also, merely that he might suggest it to them. The payments to the foreign officers, will await the same formality.

I thank you for your attention to the case of Mrs. Burke. We have no news of Dr. Franklin since July last, when he was very ill. Though the silence of our letters on that subject is a proof that he is well, yet there is an anxiety here among his friends. We have lately had three books published, which are of great merit, in different lines. The one is in seven volumes, octavo, by an Abbé Barthelemy, wherein he has collected every subject of Grecian literature, after a labor of thirty years. It is called "Les voyages d'Anacharsis." I have taken a copy for you, because the whole impression was likely to be run off at once. The second is a work on government, by the Marquis de Condorcet, two volumes, octavo. I shall secure you a copy. The third are the works of the King of Prussia, in sixteen volumes, octavo. These were a little garbled at Berlin, before printed. The government lays its hands on all which come here, and change some leaves. There is a genuine edition published at Balse, where even the garblings of Berlin are re-established. I doubt the possibility of getting a copy, so vigilant is the government as to this work. I shall obtain you one, if it be possible. As I write all the public news to Mr. Jay, I will not repeat it to you. I have just received the Flora Caroliniana of Walter, a very learned and good work. I am, with very sincere esteem and respect, dear Sir, your friend and servant.


[TO MR. JAY.]

Paris, January 14, 1789.

Sir,—In my letter of the 11th, I have said nothing of the Arret explanatory of that of September the 28th, on the subject of whale oils, which my letter of November the 19th gave you reason to expect. Though this explanatory Arret has been passed so long ago as the 7th of December, it has not been possible for me to obtain an authentic copy of it, till last night. I now enclose that to you, with a copy of a letter to me from Mr. Neckar, on the subject. The reception of our oils, in the meantime, is provided for by an intermediate order. You will observe, that in the Arret it is said to be passed "provisoirement," and that Mr. Neckar expressly holds up to us in his letter, a repeal, whenever the national fishery supplies their wants. The Arret, however, is not limited in its duration, and we have several chances against its repeal. It may be questioned, whether Mr. Neckar thinks the fishery worth the expense. It may be well questioned, whether, either with or without encouragement, the nation whose navigation is the least economical of all in Europe, can ever succeed in the whale fishery, which calls for the most rigorous economy. It is hoped that a share in the legislation will pass immediately into the hands of the States General, so as to be no longer in the power of the commis of a bureau, or even of his minister to smuggle a law through, unquestioned; and we may even hope that the national demand for this oil will increase faster than both their and our fisheries together will supply. But in spite of all these hopes, if the English should find means to cover their oils under our name, there will be great danger of a repeal. It is essential, then, that our government take effectual measures to prevent the English from obtaining genuine sea papers, that they enable their consuls in the ports of France (as soon as they shall be named) to detect counterfeit papers, and that we convince this government that we use our best endeavors with good faith, as it is clearly our interest to do; for the rivalship of the English, is the only one we have to fear. It had already begun to render our oils invendible in the ports of France. You will observe that Mr. Neckar renews the promise of taking off the ten sous pour livre, at the end of the next year.

Oczakow is at length taken by assault. The assailants were fourteen thousand, and the garrison twelve thousand, of whom seven thousand were cut to pieces before they surrendered. The Russians lost three thousand men. This is the Russian version, of which it is safe to believe no part, but that Oczakow is taken. The speaker of the English House of Commons, having died suddenly, they have chosen Mr. Grenville, a young man of twenty-seven years of age. This proves that Mr. Pitt is firm with the present parliament.

I have the honor to be, with sentiments of the most perfect esteem and respect, Sir, your most obedient, and most humble servant.


[TO MR. ADAMS.]

Paris, January 14, 1789.

Dear Sir,—I now do myself the pleasure to enclose to you a copy of the Arret explanatory of that of September 28th, on the subject of our whale oils. Mr. Neckar in a letter to me has reserved the promise of taking off the ten sous per livre at the end of the next year. But, at the same time, he observes that whenever the national fishery shall be able to supply their demand for whale oil, we must expect a repeal of this Arret, which therefore expresses itself to be provisory. However, their navigation being the most expensive in Europe, they are the least likely to succeed in a whale fishery, without encouragements more extravagant than even those they now give; and it remains to be seen whether Mr. Neckar will continue to give even the present. I am informed there will be fewer French adventurers the next year than there has been this; so that if there be an apparent increase of their fishery, it will be by drawing over more of our fishermen. It is probable the States General will obtain a participation in the legislation, which will render their laws more stable, and more to be relied on. Mr. Neckar has also promised that if the present Arret should at any time be repealed, there shall be a sufficient space of time allowed for the reception of the oils which shall have been previously embarked. But our principal, if not our only danger, of a repeal being brought on, will come from the endeavors of the English to introduce their oils under color of ours, perhaps even with the assistance of our own merchants. Some effectual means must be adopted to prevent them from getting our real ship papers, and our Consuls in the ports of France must be enabled to detect forged papers; and we must moreover convince this government that we use our utmost endeavors, and with good faith, to prevent the entry of English oils under the license given to us. I would advise our shippers of oil always to get the certificate of the French consul in their State, if it be practicable, because those will admit of the least doubt here. When this cannot be had, they may have recourse to the magistrates of the country, and in this case there should be a certificate under the seal of the State, that the magistrate who has certified their oil to be the produce of the American fishery, is a magistrate duly appointed and qualified by law, all the States for the Governors' signature to accompany the great seal. Oczakow is at length taken. The Russians say they gave the assault with fourteen thousand men, against twelve thousand within the walls, that seven thousand of these suffered themselves to be cut to pieces before they surrendered, and that themselves lost three thousand. The only circumstance to be believed in all this, is that Oczakow is taken. Everything else in Europe is quiet, except the internal affairs of Poland. The Prussian party there gains greater superiority daily. The King of Prussia, however, will feel less bold on the probability that England will remain inactive in all things external. This secures to this country leisure for their internal improvements. These go on well. The report of Mr. Neckar to the King, which has been published, renews the renunciation of the power of laying a new tax or continuing an old one without consent of the States General; admits they are to appropriate the public moneys (and of course how much of it the King may spend), that ministers must be responsible, that the King will concur in fixing the periodical meeting of the States, that he will be ready to consider with them what modifications, lettres de cachet should be put under, and of the decree of liberty which may be given to the press; and further, that all this shall be fixed by a convention so solemn as that his successor shall not be free to infringe it; that is to say, that he will concur in a declaration of rights. Nothing is said, however, of the States sharing in the legislation, but they will surely be passed. They have given to the Tiers Etat a representation in the States equal to both the other orders, and it is probably they will form but one house and vote by persons; but that is not decided. Be so good as to present me affectionately to Mrs. Adams, and to be assured yourself, of the sincere esteem of, dear Sir, your friend and servant.


[TO MADAME NECKAR.]

Paris, January 24, 1789.

I have received, Madam, with a great deal of sensibility, the letter of the 22d instant, with which you were pleased to honor me, on the claims of Monsieur Klein against the United States; and immediately endeavored to inform myself of their foundation, by an examination of the journals of Congress. Congress, consisting of many persons, can only speak by the organ of their records. If they have any engagements, they are to be found there. If not found there, they can never have existed. I proceeded to this examination, with all the partialities which were naturally inspired by the interest you are so good as to take in his behalf, the desire of doing what will be agreeable to you, and a disposition to obtain for him the justice which might be his due. I have extracted, literally, from those journals, everything I find in them on his subject, and I take the liberty of enclosing you those extracts. From them, as well as from what I recollect of the ordinary train of business about the years 1778 and 1779, I presume the following to be very nearly the history of Monsieur Klein's case.

Congress were generally desirous of adding to their army during the war. Among other methods attempted, it was usual for foreigners (multitudes of whom went to ask command), when they found there was no vacancy, to propose to raise troops themselves, on condition they should have commissions to command them. I suppose that Messrs. Klein, Fearer and Kleinsmit (named in the resolution of Congress of 1788, and whom, from their names, I conjecture to be Germans), offered to enlist a body of men from among the German prisoners taken with General Burgoyne at Saratoga, on condition that Fearer and Kleinsmit should be captains over them, and Klein, lieutenant colonel. Three months seem to have been allowed them for raising their corps. However, at the end of ten months it seems they had engaged but twenty-four men, and that all of these, except five, had deserted. Congress, therefore, put an end to the project, June the 21st, 1779 (and not in July, 1780, as Monsieur Klein says), by informing him they had no farther use for his services, and giving him a year's pay and subsistence to bring him to Europe. He chose to stay there three and a half longer, as he says, to solicit what was due to him. Nothing could ever have been due to him, but pay and subsistence for the ten months he was trying to enlist men, and the donation of a year's pay and subsistence; and it is not probable he would wait three years and a half to receive these. I suppose he has staid in hopes of finding some other opening for employment. If these articles of pay and subsistence have not been paid to him, he has the certificates of the paymaster and commissary to prove it; because it was an invariable rule, when demands could not be paid, to give the party a certificate, to establish the sum due to him. If he has not such a certificate, it is a proof he has been paid. If he has it, he can produce it, and, in that case, I will undertake to represent his claim to our government, and will answer for their justice.

It would be easy to correct several inaccuracies in the letter of Monsieur Klein, such as that Congress engaged to give him a regiment; that he paid the recruiting money out of his own pocket; that his soldiers had nothing but bread and water; that Congress had promised him they would pay his soldiers in specie, &c.; some of which are impossible, and others very improbable; but these would be details too lengthy, Madam, for you to be troubled with. Klein's object is to be received at the hospital of invalids. I presume he is not of the description of persons entitled to be received there, and that his American commission and American grievances, are the only ground he has whereon to raise a claim to reception. He has, therefore, tried to make the most of them. Few think there is any immorality in scandalizing governments or ministers; and M. Klein's distresses render this resource more innocent in him than it is in most others.

Your commands, Madam, to give what information I could, have drawn thus much from me. I would not wish to weaken the hopes he so justly rests on your known goodness and benevolence. On the contrary, the weaker his claim elsewhere, the stronger they will plead in your bosom to procure him relief; and whatever may be done for him here, I repeat it, that if he has any just demand against the United States, and will furnish me with proofs of it, I will solicit it with zeal, and, I trust, with effect. To procure him justice will be one gratification, and a great additional one will be, that he has procured me the occasion of offering you my portion of the general tribute so justly due for all the good you have done, and all you are perpetually endeavoring to do. Accept then, Madam, I pray you, this homage from one whose motives are pure truth and justice, when he assures you of the sincerity of those sentiments of esteem and respect with which he has the honor to be, Madam, your most obedient, and most humble servant.


[TO MR. JAY.]

Paris, February 4, 1789.

Sir,—Your favor of November the 25th, by Gouverneur Morris, is duly received. I must beg you to take the trouble of deciphering yourself what follows, and to communicate it to nobody but the President, at least for the present.

We had before understood, through different channels, that the conduct of the Count de Moustier was politically and morally offensive. It was delicate for me to speak on the subject to the Count de Montmorin. The invaluable mediation of our friend, the Marquis de La Fayette, was therefore resorted to, and the subject explained, though not pressed. Later intelligence showing the necessity of pressing it, it was yesterday resumed, and represented through the same medium to the Count de Montmorin, that recent information proved to us, that his minister's conduct had rendered him personally odious in America, and might even influence the dispositions of the two nations; that his recall was become a matter of mutual concern; that we had understood he was instructed to remind the new government of their debt to this country, and that he was in the purpose of doing it in very harsh terms; that this could not increase their desire of hastening payment, and might wound their affections; that, therefore, it was much to be desired that his discretion should not be trusted to, as to the form in which the demand should be made, but that the letter should be written here, and he instructed to add nothing but his signature; nor was his private conduct omitted. The Count de Montmorin was sensibly impressed. He very readily determined that the letter should be formed here, but said that the recall was a more difficult business; that as they had no particular fact to allege against the Count de Moustier, they could not recall him from that ministry without giving him another, and there was no vacancy at present. However, he would hazard his first thoughts on the subject, saving the right of correcting them by further consideration. They were these: that there was a loose expression in one of de Moustier's letters, which might be construed into a petition for leave of absence; that he would give him permission to return to France; that it had been before decided, on the request of the Marquis de La Luzerne, that Otto should go to him to London; that they would send a person to America as chargé des affaires in place of Otto, and that if the President (General Washington) approved of him, he should be afterwards made minister. He had cast his eye on Colonel Ternant, and desired the Marquis to consult me whether he would be agreeable. At first I hesitated, recollecting to have heard Ternant represented in America as an hypochondriac, discontented man, and paused for a moment between him and Barthelemy, at London, of whom I have heard a great deal of good. However, I concluded it safer to take one whom we knew, and who knew us. The Marquis was decidedly of this opinion. Ternant will see that his predecessor is recalled for unconciliatory deportment, and that he will owe his own promotion to the approbation of the President. He established a solid reputation in Europe, by his conduct when Generalissimo of one of the United Provinces, during their late disturbances; and it is generally thought, that if he had been put at the head of the principal province, instead of the Rhingrave de Salm, he would have saved that cause. Upon the whole, I believe you may expect that the Count de Moustier will have an immediate leave of absence, which will soon after become a recall in effect. I will try, also, to have the consuls admonished as to the line of conduct they should observe. I shall have the honor of writing you a general letter within a few days. I have now that of assuring you of the sentiment of sincere esteem and respect, with which I am, dear Sir, your most obedient, and most humble servant.


[TO WILLIAM SHORT.]

Paris, February 9, 1789.

Dear Sir,—I wrote you last on the 22d of January, on which day I received yours of December the 31st, and since that, the other of January the 14th. We have now received news from America down to the middle of December. They had then had no cold weather. All things relative to our new Constitution were going on well. Federal senators are; New Hampshire, President Langdon and Bartlett. Massachusetts, Strong and Dalton. Connecticut, Dr. Johnson and Ellsworth. New Jersey, Patterson and Ellmer. Pennsylvania, Robert Morris and McClay. Delaware, Reed and Bassett. Virginia, Richard Henry Lee and Grayson. Maryland, Charles Carroll of Carrolton, and John Henry. All of these are federalists except those of Virginia; so that a majority of federalists are secured in the Senate, and expected in the House of Representatives. General Washington will be President, and probably Mr. Adams Vice President. So that the Constitution will be put under way by those who will give it a fair trial. It does not seem probable that the attempt of New York to have another convention to make amendments, will succeed, though Virginia concurs in it. It is tolerably certain that Congress will propose amendments to the Assemblies, as even the friends of the Constitution are willing to make amendments; some from a conviction they are necessary, others, from a spirit of conciliation. The addition of a bill of rights, will, probably, be the most essential change. A vast majority of anti-federalists have got into the Assembly of Virginia, so that Mr. Henry is omnipotent there. Mr. Madison was left out as a senator by eight or nine votes; and Henry has so modelled the districts for representatives, as to tack Orange to counties where himself has great influence, that Madison may not be elected into the lower federal House, which was the place he had wished to serve in, and not the Senate. Henry pronounced a philippic against Madison in open Assembly, Madison being then at Philadelphia. Mifflin is President of Pennsylvania, and Peters, Speaker. Colonel Howard is Governor of Maryland. Beverly Randolph, Governor of Virginia; (this last is said by a passenger only, and he seems not very sure,) Colonel Humphreys is attacked in the papers for his French airs, for bad poetry, bad prose, vanity, &c. It is said his dress, in so gay a style, gives general disgust against him. I have received a letter from him. He seems fixed with General Washington. Mayo's bridge, at Richmond, was completed, and carried away in a few weeks. While up, it was so profitable that he had great offers for it. A turnpike is established at Alexandria, and succeeds. Rhode Island has again refused to call a convention. Spain has granted to Colonel Morgan, of New Jersey, a vast tract of land on the western side of the Mississippi, with the monopoly of the navigation of that river. He is inviting settlers, and they swarm to him. Even the settlement of Kentucky is likely to be much weakened by emigrations to Morgan's grant. Warville has returned, charmed with our country. He is going to carry his wife and children to settle there. Gouverneur Morris has just arrived here; deputed, as is supposed, to settle Robert Morris' affairs, which continue still deranged. Doctor Franklin was well when he left America, which was about the middle of December.

* * * * * * * * *

I send Mr. Rutledge two letters by the post. Be so good as to present him my esteem, and to be assured yourself of the sincere esteem and attachment with which I am, and shall ever be, dear Sir, your affectionate friend and servant.


[TO M. DE VILLEDEUIL.]

Paris, February 10, 1789.

Sir,—I take the liberty of troubling your Excellency with the following case, which I understand to be within your department. Mr. Jay, Secretary for Foreign Affairs to the United States of America, having occasion to send me despatches of great importance, and by a courier express, confided them to a Mr. Nesbitt, who offered himself in that character. He has delivered them safely; but, in the moment of delivering them, explained to me his situation, which is as follows. He was established in commerce at L'Orient during the war. Losses by shipwreck, by capture, and by the conclusion of the peace at a moment when he did not expect it, reduced him to bankruptcy, and he returned to America, without the consent of his creditors, to make the most of his affairs there. He has been employed in this ever since, and now wishing to see his creditors, and to consult them on their mutual interests, he availed himself of Mr. Jay's demand for a courier, to come under the safe conduct of that character to Paris, where he flattered himself he might obtain that of your Excellency, for the purpose of seeing his creditors, settling and arranging with them. He thinks a twelve-month will be necessary for this. Understanding that it is not unusual to grant safe conducts in such cases, and persuaded it will be for the benefit of his creditors, I take the liberty of enclosing his memoir to your Excellency, and of soliciting your favorable attention to it, assured that it will not be denied him, if it be consistent with the established usage; and if inadmissible, praying that your Excellency will have the goodness to give me as early an answer as the other arduous occupations in which you are engaged will admit, in order that he may know whether he may see his creditors, or must return without. I am encouraged to trouble your Excellency with this application, by the goodness with which you have been pleased to attend to our interests on former occasions, and by the desire of availing myself of every occasion of proffering to you the homage of those sentiments of attachment and respect, with which I have the honor to be, your Excellency's most obedient, and most humble servant.


[TO MR. SHORT.]

Paris, February 28, 1789.

Dear Sir,—I wrote you last on the 9th instant. Yours of the 11th, came to hand yesterday evening. Some of its enquiries will have already been answered to you. We have no information from America down to the middle of January. Things were going on so well that our letters afford nothing interesting scarcely. The opposition to the new Constitution grows feebler. Everywhere the elections are federal. In New York they had not yet been able to agree in the choice of senators, nor even in the manner of choosing. The new government begins on Wednesday next. Its friends consent to some changes, and particularly to the annexation of a declaration of rights. This will probably be proposed by Congress to the several assemblies, and thus a new convention be avoided. The Virginia Assembly met October 23. They choose for their speaker, Thomas Mathews, (who is this?) They are furiously anti-federal. They have passed a bill rendering every person holding any federal office incapable of holding at the same time any State office. This is a declaration of war against the new Constitution. Mr. Adams is generally expected to be the Vice-President. Hancock is his only competitor. Others are sometimes talked of, but not with their own consent. I see in a Virginia paper of last summer, that George Nicholas advertised his departure to settle in Kentucky this present month of February. Great numbers of American vessels are now arriving in the ports of France with flour and wheat, in consequence of the demand of this country and of the bounty it gives. I have received a letter from Ladian, dated Grand Cairo, September 10. He was just then about to plunge into the terræ incognitæ of Africa. This morning, I received one from Admiral Paul Jones, dated St. Petersburg, January 30, he was just arrived there at the desire of the Empress. He has commanded hitherto on the Black Sea, but does not know whether the Empress destines him to return there or to take any other command.

There has been an affray in Britanny between the Noblesse and people, in which some few were killed. Things there are now quiet, and all the rest of the kingdom is going on well towards its object. In some places, as in Burgundy and Franche-compte, there is an opposition by the Noblesse indeed against the manifest sense of the nation, but I do not apprehend any serious evil from it. The States General are likely to meet under happy auspices. It would seem that the government thinks they will end well, because I observe in their communications with certain unfriendly courts they assume a tone which had been laid aside for some time. Their effects stand well. * * * * The King of England seems to be in a state of convalescence. The symptoms of a return of reason are such that on the 19th instant the House of Lords put off the reading of the Regency bill, and it is even thought there will be no regency, nor any change of ministry. There are not yet sufficient data to ground a judgment whether there will be peace or not between the Turks and the two empires, nor what part Russia will take in the affairs of Poland. The preparations of Sweden and Denmark so far announce a continuation of the war. You have heard, doubtless, of the revolution which took place in Geneva about the last of January. It was the work of three or four days only, and with little bloodshed their ancient constitution is almost completely re-established. Their exiles are to be recalled, the foreign garrison sent off, the Bourgeois guard the city, and the nomination of the Syndics is restored to the council of two hundred. I see no reason to doubt the permanence of this reformation. Here all your acquaintances are well. I continue to keep my house and on such terms as will induce me to keep it as long as I remain in Europe. I fear my departure in the spring may be retarded, as Governeur Morris tells me there would be no probability that the old Congress would re-assemble. In this case I cannot receive my leave of absence from the new government. I have proposed to them the naming you Chargé des Affaires to take care of their business during my absence. You know that we must not be too sanguine on these occasions.

* * * * * * * * *


[TO DR. BANCROFT.]

Paris, March 2, 1789.

Dear Sir,—I have just received a letter of January 31st from Admiral Paul Jones, at Petersburg, in which, charging me with the execution of some commissions, and these requiring money, he tells me you will answer my drafts to the amount of four or five thousand livres, on his account. Be so good as to inform me whether you will pay such drafts.

A Monsieur Foulloy, who has been connected with Deane, lately offered me for sale two volumes of Deane's letter books and account books, that he had taken instead of money, which Deane owed him. I have purchased them on public account. He tells me Deane has still six or eight volumes more, and being to return soon to London, he will try to get them also, in order to make us pay high for them. You are sensible of the impropriety of letting such books get into hands which might make an unfriendly use of them. You are sensible of the immorality of an ex-minister's selling his secrets for money; and consequently that there can be no immorality in tempting him with money to part with them; so that they may be restored to that government to whom they properly belong. Your former acquaintance with Deane may, perhaps, put it in your power to render our country the service of recovering those books. It would not do to propose it to him as for Congress. What other way would best bring it about, you know best. I suppose his distresses and his crapulous habits, will not render him difficult on this head. On the supposition that there are six or eight volumes, I think you might venture as far as fifty guineas, and proportionably for fewer. I will answer your draft to this amount and purpose, or you may retain it out of any moneys you may propose to pay me for Admiral Jones. There is no time to lose in this negotiation, as, should Foulloy arrive there before it is closed, he will spoil the bargain. If you should be able to recover these books, I would ask the favor of you to send them to me by the Diligence, that I may carry them back with me to America. I make no apology for giving you this trouble. It is for our common country, and common interest.

I am, with sincere and great esteem and attachment, dear Sir, your most obedient humble servant.


[TO MR. SHIPPEN.]

Paris, March 11, 1789.

Dear Sir,—I had wished to acknowledge the receipt of your favors of January the 19th, and February the 3d, by a private conveyance, but none such having occurred, nor being likely to occur, I must write you such a letter as may go through the inspection of both post offices.

The affairs of this country are still going on well. There are loud contestations indeed in one or two of the provinces, and in Brittany these have come to blows, and some three or four or five people have been killed. Still the opposition to the revolution which is working has been miraculously small, and he who would predict of its failure from the little obstacles which have happened, would be about as good a prophet as he who, from the loss of two or three skirmishes on our part, would have foretold our final failure in the American revolution. All the world here is occupied in electioneering, in choosing or being chosen; and, as far as Paris may be considered as affording a specimen of the public mind, we may say it is almost thoroughly ripe for a just decision of the great question of voting by orders or by persons. The difficulties which now appear threatening to my mind, are those which will result from the size of the Assembly. Twelve hundred persons of any rank and of any nation assembled together, would with difficulty be prevented from tumult and confusion. But when they are to compose an assembly for which no rules of debate or proceeding have been yet formed, in whom no habits of order have been yet established, and to consist moreover of Frenchmen, among whom there are always more speakers than listeners, I confess to you I apprehend some danger. However, I still hope that the goodness of the body, and the coolness and collectedness of some of their leaders, will keep them in the right way, and that this great Assembly will end happily.

The war in the north will, I think, continue, and perhaps spread as far as Prussia. The present and probable situation of the Executive in England, will, I presume, prevent their engaging otherwise than by giving money. If so, this country will certainly not engage herself the present year, and after the present year, if her States General pass over well, she will be in a condition to do what she pleases. I have lately received a letter from Admiral Paul Jones, dated at Petersburg, about the last of January. He was just arrived there on the call of the Empress, and uninformed where he was to act the ensuing campaign. We have no news from America later than the 10th of January, when things were going on well. I find that the friends of the new Constitution are generally disposed to make such changes as may be requisite to guard liberty. This will probably reconcile the bulk of the opposition. Nothing would be more agreeable to me than your company on our voyage to Virginia, and I am sorry I am unable to give such an idea of the epoch of it, as might enable you to decide whether it suited you. Governeur Morris, who is here, informs me that not only there was no Congress when he came away, but that none was expected till the new government. My letters asking leave of absence were not then arrived, and consequently I cannot have that leave but from the new government, nor expect that even they will take it up among their first subjects. This renders the time of my receiving permission uncertain, and should it be so late as that I cannot go, do my business there, and return in the fall, I shall prefer postponing my departure hence to the fall, so that I may return in the spring, being quite decided against a winter passage. You see, therefore, my dear Sir, the impossibility of my fixing the epoch of my departure. Pray continue to me during your stay your interesting political information, and accept assurances of the esteem and respect with which I am, dear Sir, your most obedient humble servant.


[TO MR. JAY.]

Paris, March 12, 1789.

Sir,—I had the honor of addressing you on the 1st instant, through the post. I write the present, uncertain whether Mr. Nesbitt, the bearer of your last, will be the bearer of this, or whether it may not have to wait some other private occasion. They have re-established their packet-boats here indeed; but they are to go from Bourdeaux, which, being between four and five hundred miles from hence, is too far to send a courier with any letters but on the most extraordinary occasions; and without a courier, they must pass through the post office. I shall, therefore, not make use of this mode of conveyance, but prefer sending my letters by a private hand, by the way of London. The uncertainty of finding private conveyances to London, is the principal objection to this.

On the receipt of your letter, advising me to purchase the two volumes of Deane's letters and accounts, I wrote to the person who had them, and after some offers and refusals, he let me have them for twenty-five louis, instead of twenty louis asked at first. He told me that Deane had still six or eight volumes more, and that when he should return to London, he would try to get them, in order to make himself whole for the money he had lent Deane. As I knew he would endeavor to make us pay dear for them, and it appeared to be your opinion and that of the members you had consulted, that it was an object worthy attention, I wrote immediately to a friend in London, to endeavor to purchase them from Deane himself, whose distresses and crapulous habits will probably render him more easy to deal with. I authorized him to go as far as fifty guineas. I have as yet no answer from him. I enclose you a letter which I wrote last month to our bankers in Holland. As it will itself explain the cause of its being written, I shall not repeat its substance here. In answer to my proposition, to pay bills for the medals and the redemption of our captives, they quote a resolution of Congress (which, however, I did not find in the printed journals) appropriating the loans of 1787 and 1788 to the payment of interest on the Dutch loans till 1790, inclusive, and the residue to salaries and contingencies in Europe, and they argue that, according to this, they are not to pay anything in Europe, till they shall first have enough to pay all the interest which will become due to the end of the year 1790; and that it is out of personal regard, that they relax from this so far as to pay diplomatic salaries. So that here is a clear declaration they will answer no other demands, till they have in hand money enough for all the interest to the end of the year 1790. It is but a twelvemonth since I have had occasion to pay attention to the proceedings of those gentlemen; but during that time, I have observed, that as soon as a sum of interest is becoming due, they are able to borrow just that, and no more; or, at least, only so much more as may pay our salaries and keep us quiet. Were they not to borrow for the interest, the failure to pay that would sink the value of the capital, of which they are considerable sharers. So far, their interests and ours concur. But there, perhaps, they may separate. I think it possible, they may choose to support our credit to a certain point, and let it go no further, but at their will; to keep it so poised, as that it may be at their mercy. By this, they may be sure to keep us in their own hands. They write word to the treasury, that in order to raise money for the February interest, they were obliged to agree with the subscribers, that Congress should open no other loan at Amsterdam this year, till this one be filled up, and that this shall not be filled but by the present subscribers, and they not obliged to fill it. This is delivering us, bound hand and foot, to the subscribers, that is, to themselves. Finding that they would not raise money for any other purpose, without being pushed, I wrote the letter I enclose you. They answer, as I have stated, by refusing to pay, alleging the appropriation of Congress. I have written again, to press them further, and to propose to them the payment of thirty thousand florins only, for the case of our captives, as I am in hopes this may do. In the close of my letter to them, you will observe I refer them, as to the article of foreign officers, to the board of treasury. I had, in truth, received the printed journals a few days before, but had not yet had time to read them carefully, and particularly had not then noted the vote of Congress of August the 20th, directing me to attend to that article. I shall not fail to do what I can in it; but I am afraid they will consider this also as standing on the same ground with the other contingent articles.

This country, being generally engaged in its elections, affords nothing new and worthy of communication. The hopes of accommodation between Turkey and the two empires, do not gain strength. The war between Russia and Denmark on the one hand, and Sweden on the other, is likely also to go on, the mediation of England being rendered of little force by the accident to its Executive. The progress of this war, and also of the broils in Poland, may possibly draw the King of Prussia into it, during the ensuing campaign; and it must, before it be finished, take in this country, and perhaps England. The ill humor on account of the Dutch revolution continues to rankle here. They have recalled their ambassador from the Hague, and manifestly to show their dissatisfaction with that court, and some very dry memorials have lately been exchanged, on the subject of the money this country assumed to pay the Emperor, for the Dutch. I send you very full extracts of these, which will show you the dispositions of the two courts towards each other. Whether, and when this country will be able to take an active part, will depend on the issue of the States General. If they fund their public debts judiciously, and will provide further funds for a war, on the English plan, I believe they will be able to borrow any sums they please. In the meantime, the situation of England will leave them at leisure to settle their internal affairs well. That ministry, indeed, pretend their King is perfectly re-established. No doubt they will make the most of his amendment, which is real, to a certain degree. But as, under pretence of this, they have got rid of the daily certificates of the physicians, and they are possessed of the King's person, the public must judge hereafter from such facts only as they can catch. There are several at present which, put together, induce a presumption that the King is only better, not well. And should he be well, time will be necessary to give a confidence, that it is not merely a lucid interval. On the whole, I think we may conclude, that that country will not take a part in the war this year, which was by no means certain before.

M. del Pinto, formerly minister of Portugal at London, and the same who negotiated the treaty with us, being now put at the head of the ministry of that country, I presume that negotiation may be renewed successfully, if it be the desire of our government. Perhaps an admission of our flour into their ports may be obtained now, as M. del Pinto seemed impressed with our reasoning on that subject, and promised to press it on his court, though he could not then venture to put it into the treaty. There is not the same reason to hope any relaxation as to our reception in Brazil, because he would scarcely let us mention that at all. I think, myself, that it is their interest to take away all temptations to our co-operation in the emancipation of their colonies: and I know no means of doing this, but the making it our interest that they should continue dependent, nor any other way of making this our interest, but by allowing us a commerce with them. However, this is a mode of reasoning which their ministry, probably, could not bear to listen to.

I send herewith the gazettes of France and Leyden, and have the honor to be, Sir, your most obedient, and most humble servant.


[TO F. HOPKINSON.]

Paris, March 13, 1789.

Dear Sir,—Since my last, which was of December the 21st, yours of December the 9th and 21st are received. Accept my thanks for the papers and pamphlets which accompanied them, and mine and my daughter's, for the book of songs. I will not tell you how much they have pleased us, nor how well the last of them merits praise for its pathos, but relate a fact only, which is, that while my elder daughter was playing it on the harpsichord, I happened to look towards the fire, and saw the younger one all in tears. I asked her if she was sick? She said "no; but the tune was so mournful."

The Editor of the Encyclopedie has published something as to an advanced price on his future volumes, which, I understand, alarms the subscribers. It was in a paper which I do not take, and therefore I have not yet seen it, nor can I say what it is. I hope that by this time you have ceased to make wry faces about your vinegar, and that you have received it safe and good. You say that I have been dished up to you as an anti-federalist, and ask me if it be just. My opinion was never worthy enough of notice to merit citing; but since you ask it, I will tell it to you. I am not a federalist, because I never submitted the whole system of my opinions to the creed of any party of men whatever, in religion, in philosophy, in politics or in anything else, where I was capable of thinking for myself. Such an addiction, is the last degradation of a free and moral agent. If I could not go to heaven but with a party, I would not go there at all. Therefore, I am not of the party of federalists. But I am much farther from that of the anti-federalists. I approved, from the first moment, of the great mass of what is in the new Constitution; the consolidation of the government; the organization into executive, legislative, and judiciary; the subdivision of the legislative; the happy compromise of interests between the great and little States, by the different manner of voting in the different Houses; the voting by persons instead of States; the qualified negative on laws given to the executive, which, however, I should have liked better if associated with the judiciary also, as in New York; and the power of taxation. I thought at first that the latter might have been limited. A little reflection soon convinced me it ought not to be. What I disapproved from the first moment also, was the want of a bill of rights, to guard liberty against the legislative as well as the executive branches of the government; that is to say, to secure freedom in religion, freedom of the press, freedom from monopolies, freedom from unlawful imprisonment, freedom from a permanent military, and a trial by jury, in all cases determinable by the laws of the land. I disapproved, also, the perpetual re-eligibility of the President. To these points of disapprobation I adhere. My first wish was, that the nine first conventions might accept the constitution, as the means of securing to us the great mass of good it contained, and that the four last might reject it, as the means of obtaining amendments. But I was corrected in this wish, the moment I saw the much better plan of Massachusetts, and which had never occurred to me. With respect to the declaration of rights, I suppose the majority of the United States are of my opinion; for I apprehend, all the anti-federalists and a very respectable proportion of the federalists, think that such a declaration should now be annexed. The enlightened part of Europe have given us the greatest credit for inventing the instrument of security for the rights of the people, and have been not a little surprised to see us so soon give it up. With respect to the re-eligibility of the President, I find myself differing from the majority of my countrymen; for I think there are but three States out of the eleven which have desired an alteration of this. And indeed, since the thing is established, I would wish it not to be altered during the life of our great leader, whose executive talents are superior to those, I believe, of any man in the world, and who, alone, by the authority of his name and the confidence reposed in his perfect integrity, is fully qualified to put the new government so under way, as to secure it against the efforts of opposition. But, having derived from our error all the good there was in it, I hope we shall correct it, the moment we can no longer have the same name at the helm.

These, my dear friend, are my sentiments, by which you will see I was right in saying I am neither federalist nor anti-federalist; that I am of neither party, nor yet a trimmer between parties. These, my opinions, I wrote within a few hours after I had read the Constitution, to one or two friends in America. I had not then read one single word printed on the subject. I never had an opinion in politics or religion, which I was afraid to own. A costive reserve on these subjects might have procured me more esteem from some people, but less from myself. My great wish is, to go on in a strict but silent performance of my duty; to avoid attracting notice, and to keep my name out of newspapers, because I find the pain of a little censure, even when it is unfounded, is more acute than the pleasure of much praise. The attaching circumstance of my present office, is, that I can do its duties unseen by those for whom they are done. You did not think, by so short a phrase in your letter, to have drawn on yourself such an egotistical dissertation. I beg your pardon for it, and will endeavor to merit that pardon by the constant sentiments of esteem and attachment with which I am, dear Sir, your sincere friend and servant.


[TO HIS EXCELLENCY COUNT DE MOUSTIER.]

Paris, March 13, 1789.

Dear Sir,—I have now to acknowledge the honor of your several letters of Aug. 12th, Oct. 17th, and Nov. 27th, and your postscript to Madame de Brehan's of Dec. 29th. I have been discouraged from writing to you by the idea that your friends here must give you infinitely more exact information of what is passing, than I could do, who see things imperfectly only, as a stranger. But your complaints of the inexactitude of your friends in this point, will induce me hereafter to hazard more freely my communications, however imperfect. The affairs of this country go on more auspiciously than the most sanguine could have expected. The difficulties of procuring money, and of preventing a bankruptcy, continue always at such a point as to leave the administration no resource but that of an appeal to the nation, and the nation, availing itself of their advantageous position, presses on sufficiently to obtain reasonable concessions, and yet not so much as to endanger an appeal to arms. In fact, the King is altogether out of the dispute. He has said he is ready to agree to such and such articles, and the dispute is between the privileged and unprivileged orders, how they shall divide these concessions between them. An equal taxation is agreed to by everybody; the only question is on the mode of voting; and even in this I think there is already a majority of the nobles in favor of voting by persons. Should this be the case, and should it be found practicable to organize so numerous a body as twelve hundred, so as to avoid tumult, we may hope a happy issue from the approaching convocation. One of their great objects will be to fund the public debts, and if this operation be judiciously executed, and their expenses reduced within the limits of their revenue, I see nothing to prevent their possessing the first credit in Europe, and being, of course, in a condition to enter on the stage again more respectably than they ever yet did. But they must be left in quiet this year at least. Longer still would be still better. The present situation of the antagonist nation is favorable to the necessary repose of this country. It is impossible that England can venture to engage itself in a war this year. Were the King as well as his ministry untruly pretend him to be, time is necessary to give a confidence in his recovery, and to show that it is not merely a lucid interval. In the meanwhile, the glimmerings of accommodation between the Turks and two empires do not grow stronger. On the other hand, the war in the western parts of Europe will very possibly spread farther. The accident in England has benumbed her mediation between the Swedes and Danes, so that their war will probably go on, and, with the disturbances in Poland, may draw in the King of Prussia. This will so embroil matters, that it is impossible they should clear up but by a general war, in which France, if not England, must sooner or later take a part. Your ambassador at the Hague is recalled, and certainly on account of the ill-humor between this Court and that. Some very dry and unfriendly memorials have passed between them on the subject of the money which was to have been paid by this country for the late peace with the Emperor. These things suffice to show that France nourishes a resentment still of the treatment she has received, and to keep alive well-grounded apprehensions at the Hague that all is not done yet. Should there be a possibility of detaching the Turks from the war, so as to leave the two empires free to turn this way, or should England remain inactive, the contest in which this country may be engaged will not be difficult; but if the Turks, English, Dutch, Prussians, Poles and Swedes are all in activity, they will give warm employment to the two empires, France, Spain and Denmark, in the event of the war becoming general.

All the world here is electioneering. Paris is a desert, at least as to that description of persons who think they may be chosen themselves, or aid the choice of their friends. I hope to see this great meeting before my departure. Several elections are already over, but I am not able to give you a list of them. Mirabeau has been declared in his province not to be a noble, whereupon he offered himself for the people, and it is said he is elected. The D. de Orleans has lately rendered himself very popular by decided declarations in favor of the Tiers Etat in all their points. He has particularly declared he will pay taxes in proportion to his property, and he has relinquished all his Capitaineries. His daughter is to be married to the D. de Angouleme. The Dauphin is at the last extremity. He is lately removed from Versailles to Meudon. This is considered as preparatory to a removal to St. Dennis. We have had such a winter here as is not on record. The mercury was 18½ below freezing on Reaumur's scale, and I think it was nearly two months varying between that point and zero. It gave occasion for a display of the benevolent character of this nation, which, great as I had thought it, went beyond my expectations. There seems to be a very general apprehension of the want of bread this spring. Supplies are hoped from our country, and indeed they have already reduced the price of flour at Bordeaux from 36l. to 33l. the barrel. The funds, at a low ebb when Mr. Necker came in, recovered their ground by degrees, and have ever since remained stationary. The Court has had thoughts of coming to St. Cloud during the session of the States, but it is not yet decided. As I shall write to Madame de Brehan, I shall tender my respects to her myself. The next details I give you will be in New York, where I hope to have the pleasure of seeing you in the summer, and of taking your orders for France. In the meantime, I am, with very sincere esteem and respect, dear Sir, your most obedient humble servant.


[TO MADAME DE BREHAN.]

Paris, March 14, 1789.

Dear Madam,—I had the honor of writing to you on the 15th of February; soon after which, I had the honor of receiving your favor of December the 29th. I have a thousand questions to ask you about your journey to the Indian treaty, how you like their persons, their manners, their costumes, cuisine, &c. But this I must defer till I can do it personally in New York, where I hope to see you for a moment in the summer, and to take your commands for France. I have little to communicate to you from this place. It is deserted; everybody being gone into the country to choose or be chosen deputies to the States General. I hope to see that great meeting before my departure. It is to be on the 27th of next month. A great political revolution will take place in your country, and that without bloodshed. A King with two hundred thousand men at his orders, is disarmed by the force of the public opinion and the want of money. Among the economies becoming necessary, perhaps one may be the opera. They say it has cost the public treasury an hundred thousand crowns the last year. A new theatre is established since your departure; that of the Opera Buffons, where Italian operas are given, and good music. It is in the Chateau des Tuilleries. Paris is every day enlarging and beautifying. I do not count among its beauties, however, the wall with which they have enclosed us. They have made some amends for this, by making fine boulevards within and without the walls. These are in considerable forwardness, and will afford beautiful rides round the city, of between fifteen and twenty miles in circuit. We have had such a winter, Madam, as makes me shiver yet, whenever I think of it. All communications, almost, were cut off. Dinners and suppers were suppressed, and the money laid out in feeding and warming the poor, whose labors were suspended by the rigor of the season. Loaded carriages passed the Seine on the ice, and it was covered with thousands of people from morning to night, skating and sliding. Such sights were never seen before, and they continued two months. We have nothing new and excellent in your charming art of painting. In fact, I do not feel an interest in any pencil but that of David. But I must not hazard details on a subject wherein I am so ignorant, and you such a connoisseur. Adieu, my dear Madam; permit me always the honor of esteeming and being esteemed by you, and of tendering you the homage of that respectful attachment with which I am, and shall ever be, dear Madam, your most obedient humble servant.