TO JOHN JAY.
Paris, December 31, 1787.
Sir,—Since the receipt of the letter of Monsieur de Calonnes, of October the 22d, 1786, I have several times had the honor of mentioning to you, that I was endeavoring to get the substance of that letter reduced into an Arret, which, instead of being revocable by a single letter of a Comptroller General, would require an Arret to repeal or alter it, and of course must be discussed in full Council, and so give time to prevent it. This has been pressed as much as it could be with prudence. One cause of delay has been the frequent changes of the Comptroller General; as we had always our whole work to begin again with every new one. Monsieur Lambert's continuance in office for some months, has enabled us, at length, to get through the business; and I have just received from him a letter, and the Arret duly authenticated; of which I have the honor to send you a number of printed copies. You will find that the several alterations and additions are made, which, on my visit to the sea-ports, I had found to be necessary, and which my letters of June the 21st and August the 6th, particularly mentioned to you. Besides these, we have obtained some new articles of value, for which openings arose in the course of the negotiation. I say we have done it, because the Marquis de La Fayette has gone hand in hand with me through this business, and has been a most invaluable aid. I take the liberty of making some observations on the articles of the Arret, severally, for their explanation, as well as for the information of Congress.
Article 1. In the course of our conferences with the Comptroller General, we had prevailed on him to pass this article with a suppression of all duty. When he reported the Arret, however, to the Council, this suppression was objected to, and it was insisted to re-establish the duties of seven livres and ten sous, and of ten sous the livre, reserved in the letter of M. de Calonnes. The passage of the Arret was stopped, and the difficulty communicated to me. I urged everything I could, in letters and in conferences, to convince them that whale oil was an article which could bear no duty at all. That if the duty fell on the consumer, he would choose to buy vegetable oils; if on the fisherman, he could no longer live by his calling, remaining in his own country; and that if he quitted his own country, the circumstances of vicinity, sameness of language, laws, religion and manners, and perhaps the ties of kindred, would draw him to Nova Scotia, in spite of every encouragement which could be given at Dunkirk; and that thus those fishermen would be shifted out of a scale friendly to France, into one always hostile. Nothing, however, could prevail. It hung on this article alone, for two months, during which we risked the total loss of the Arret, on the stability in office of Monsieur Lambert; for if he had gone out, his successor might be less favorable; and if Monsieur Neckar were the successor, we might lose the whole, as he never set any store by us, or the connection with us. About ten days ago, it became universally believed that Monsieur Lambert was to go out immediately. I, therefore, declined further insisting on the total suppression, and desired the Arret might pass, leaving the duties on whale oil as Monsieur de Calonnes had promised them; but with a reservation, which may countenance our bringing on this matter again, at a more favorable moment.
Article 2. The other fish oils are placed in a separate article; because whatever encouragements we may hereafter obtain for whale oils, they will not be extended to those which their own fisheries produce.
Article 3. A company had silently, and by unfair means, obtained a monopoly for the making and selling spermaceti candles: as soon as we discovered it, we solicited its suppression, which is effected by this clause.
Article 4. The duty of an eighth per cent. is merely to oblige the masters of vessels to enter their cargoes, for the information of government; without inducing them to attempt to smuggle.
Article 6. Tar, pitch and turpentine of America, coming in competition with the same articles produced in the south-western parts of France, we could obtain no greater reduction, than two and a-half per cent. The duties before, were from four to six times that amount.
Article 10. The right of entrepôt given by this article, is almost the same thing, as the making all their ports, free ports for us. The ships are, indeed, subject to be visited, and the cargoes must be reported in ports of entrepôt, which need not be done in the free ports. But the communication between the entrepôt and the country, is not interrupted by continual search of all persons passing into the country, which has proved so troublesome to the inhabitants of our free ports, as that a considerable proportion of them have wished to give back the privilege of their freedom.
Article 13. This article gives us the privileges and advantages of native subjects, in all their possessions in Asia, and in the scales leading thereto. This expression means at present the isles of France and Bourbon, and will include the Cape of Good Hope, should any future event put it into the hands of France. It was with a view to this, that I proposed the expression, because we were then in hourly expectation of a war, and it was suspected that France would take possession of that place. It will, in no case, be considered as including anything westward of the Cape of Good Hope. I must observe further, on this article, that it will only become valuable on the suppression of their East India Company; because, as long as their monopoly continues, even native subjects cannot enter their Asiatic ports for the purposes of commerce. It is considered, however, as certain, that this Company will be immediately suppressed.