TO M. DE CASTRIES.
Paris, August 3, 1785.
Sir,—The enclosed copy of a letter from Captain John Paul Jones, on the subject on which your Excellency did me the honor to write me, on the —— day of July, will inform you that there is still occasion to be troublesome to you. A Mr. Puchilberg, a merchant of L'Orient, who seems to have kept himself unknown till money was to be received, now presents powers to receive it, signed by the American officers and crews; and this produces a hesitation in the person to whom your order was directed. Congress, however, having substituted Captain Jones, as agent, to solicit and receive this money, he having given them security to forward it, when received, to their treasury, to be thence distributed to the claimants, and having at a considerable expense of time, trouble, and money, attended it to a conclusion, are circumstances of weight, against which Mr. Puchilberg seems to have nothing to oppose, but a nomination by individuals of the crew, under which he has declined to act, and permitted the business to be done by another without contradiction from him. Against him, too, it is urged that he fomented the sedition which took place among them; that he obtained this nomination from them while their minds were under ferment; and that he has given no security for the faithful payment of the money to those entitled to it.
I will add to these, one more circumstance which appears to render it impossible that he should execute this trust. It is now several years since the right to this money arose. The persons in whom it originally vested were probably from different States in America. Many of them must be now dead; and their rights passed on to their representatives. But who are their representatives? The laws of some States prefer one degree of relations, those of others prefer another, there being no uniformity among the States on this point. Mr. Puchilberg, therefore, should know which of the parties are dead; in what order the laws of their respective States call their relations to the succession; and, in every case, which of those orders are actually in existence, and entitled to the share of the deceased. With the Atlantic Ocean between the principals and their substitute, your Excellency will perceive what an inexhaustible source of difficulties, of chicanery, and delay, this might furnish to a person who should find an interest in keeping this money, as long as possible, in his own hands. Whereas, if it be lodged in the treasury of Congress, they, by an easy reference to the tribunals of the different States, can have every one's portion immediately rendered to himself, if living; and if dead, to such of his relations as the laws of his particular State prefer, and as shall be found actually living. I the rather urge this course, as I foresee that it will relieve your Excellency from numberless appeals, which these people will continually be making from the decisions of Mr. Puchilberg; appeals likely to perpetuate that trouble of which you have already had too much, and to which I am sorry to be obliged to add, by asking a peremptory order for the execution of what you were before pleased to decide on this subject.
I have the honor to be, with sentiments of the most perfect respect, your Excellency's most obedient, and most humble servant.
TO JOHN ADAMS.
Paris, August 6, 1785
Dear Sir,—I now enclose you a draught of a treaty for the Barbary States, together with the notes Dr. Franklin left me. I have retained a press copy of this draught, so that by referring to any article, line and word, in it, you can propose amendments, and send them by the post, without anybody's being able to make much of the main subject. I shall be glad to receive any alterations you may think necessary, as soon as convenient, that this matter may be in readiness. I enclose also a letter containing intelligence from Algiers. I know not how far it is to be relied on. My anxiety is extreme indeed, as to these treaties. We know that Congress have decided ultimately to treat. We know how far they will go. But unfortunately we know also, that a particular person has been charged with instructions for us, these five months, who neither comes nor writes to us. What are we to do? It is my opinion, that if Mr. Lambe does not come in either of the packets (English or French) now expected, we ought to proceed. I therefore propose to you this term, as the end of our expectations of him, and that if he does not come, we send some other person. Dr. Bancroft or Captain Jones occurs to me as the fittest. If we consider the present object only, I think the former would be the most proper; but if we look forward to the very probable event of war with those pirates, an important object would be obtained by Captain Jones' becoming acquainted with their ports, force, tactics, &c. Let me know your opinion on this. I have never mentioned it to either, but I suppose either might be induced to go. Present me affectionately to the ladies and Colonel Smith, and be assured of the sincerity with which I am, dear Sir, your friend and servant.