Sir,
I take the liberty of troubling your Excellency on the subject of the Arrêt, which has lately appeared, for prohibiting the importation of whale-oils and spermaceti, the produce of foreign fisheries. This prohibition, being expressed in general terms, seems to exclude the whale-oils of the United States of America, as well as of the nations of Europe. The uniform disposition, however, which his Majesty and his ministers have shown to promote the commerce between France and the United States, by encouraging our productions to come hither, and particularly those of our fisheries, induces me to hope, that these were not within their view, at the passing of this Arrêt. I am led the more into this opinion, when I recollect the assiduity exercised for several months, in the year 1785, by the committee appointed by government to investigate the objects of commerce of the two countries, and to report the encouragements of which it was susceptible; the result of that investigation, which his Majesty’s Comptroller General did me the honor to communicate, in a letter of the 22nd of October, 1786, stating therein the principles which should be established for the future regulation of that commerce, and particularly distinguishing the article of whale-oils by an abatement of the duties on them for the present, and a promise of farther abatement after the year 1790; the thorough re-investigation with which Monsieur de Lambert honored this subject when the letter of 1786 was to be put into the form of an Arrêt; that Arrêt itself, bearing date the 29th of December last, which ultimately confirmed the abatements of duty present and future, and declared that his Majesty reserved to himself to grant other favors to that production, if, on further information, he should find it for the interest of the two nations; and finally, the letter in which Monsieur de Lambert did me the honor to enclose the Arrêt, and to assure me, that the duties which had been levied on our whale-oils, contrary to the intention of the letter of 1786, should be restored. On a review, then, of all these circumstances, I cannot but presume, that it has not been intended to reverse, in a moment, views so maturely digested, and uniformly pursued; and that the general expressions of the Arrêt of September the 28th had within their contemplation the nations of Europe only. This presumption is further strengthened by having observed, that in the treaties of commerce, made since the epoch of our independence, the jura gentis amicissimcæ conceded to other nations, are expressly restrained to those of the ‘most favored European nation’: his Majesty wisely foreseeing that it would be expedient to regulate the commerce of a nation, which brings nothing but raw materials to employ the industry of his subjects, very differently from that of the European nations, who bring mostly what has already passed through all the stages of manufacture.
On these circumstances, I take the liberty of asking information from your Excellency, as to the extent of the late Arrêt: and if I have not been mistaken in supposing it did not mean to abridge that of December the 29th, I would solicit an explanatory Arrêt, to prevent the misconstruction of it, which will otherwise take place. It is much to be desired too, that this explanation could be given as soon as possible, in order that it may be handed out with the Arrêt of September the 28th. Great alarm may otherwise be spread among the merchants, and adventurers in the fisheries, who, confiding in the stability of regulations, which his Majesty’s wisdom had so long and well matured, have embarked their fortunes in speculations in this branch of business.
The importance of the subject to one of the principal members of our Union, induces me to attend with great anxiety the re-assurance from your Excellency, that no change has taken place in his Majesty’s views on this subject; and that his dispositions to multiply, rather than diminish, the combinations of interest between the two people, continue unaltered.
Commerce is slow in changing its channel. That between this country and the United States is as yet but beginning; and this beginning has received some checks. The Arrêt in question would be a considerable one, without the explanation I have the honor to ask. I am persuaded, that a continuation of the dispositions which have been hitherto manifested towards us, will insure effects, political and commercial, of value to both nations.
I have had too many proofs of the friendly interest your Excellency is pleased to take in whatever may strengthen the bands and connect the views of the two countries, to doubt your patronage of the present application; or to pretermit any occasion of repeating assurances of those sentiments of high respect and esteem, with which I have the honor to be
your Excellency’s most obedient
and most humble servant,
Th: Jefferson.