Paris, December 22, 1785.
Sir,—The death of the late General Oglethorpe, who had considerable possessions in Georgia, has given rise, as we understand, to questions whether those possessions have become the property of the State, or have been transferred by his will to his widow, or descended on the nearest heir capable in law of taking them. In the latter case, the Chevalier de Mezieres, a subject of France, stands foremost, as being made capable of the inheritance by the treaty between this country and the United States. Under the regal government, it was the practice with us, when lands passed to the crown by escheat or forfeiture, to grant them to such relation of the party, as stood on the fairest ground. This was even a chartered right in some of the States. The practice has been continued among them, as deeming that the late Revolution should, in no instance, abridge the rights of the people. Should this have been the practice in the State of Georgia, or should they, in any instance, think proper to admit it, I am persuaded none will arise, in which it would be more expedient to do it, than in the present, and that no person's expectations should be fairer than those of the Chevalier de Mezieres. He is the nephew of General Oglethorpe, he is of singular personal merit, an officer of rank, of high connections, and patronized by the ministers. His case has drawn their attention, and seems to be considered as protected by the treaty of alliance, and as presenting a trial of our regard to that. Should these lands be considered as having passed to the State, I take the liberty of recommending him to the legislature of Georgia, as worthy of their generosity, and as presenting an opportunity of proving the favorable dispositions which exist throughout America, towards the subjects of this country, and an opportunity too, which will probably be known and noted here.
In the several views, therefore, of personal merit, justice, generosity and policy, I presume to recommend the Chevalier de Mezieres, and his interests, to the notice and patronage of your Excellency, whom the choice of your country has sufficiently marked, as possessing the dispositions, while it has, at the same time, given you the power, to befriend just claims. The Chevalier de Mezieres will pass over to Georgia in the ensuing spring; but, should he find an opportunity, he will probably forward this letter sooner. I have the honor to be, with sentiments of the most profound respect, your Excellency's most obedient, and most humble servant.
TO THE GEORGIA DELEGATES IN CONGRESS.
Paris, December 22, 1785.
Gentlemen,—By my despatch to Mr. Jay, which accompanies this, you will perceive that the claims of the Chevalier de Mezieres, nephew to the late General Oglethorpe, to his possessions within your State, have attracted the attention of the ministry here; and that, considering them as protected by their treaty with us, they have viewed as derogatory of that, the doubts which have been expressed on the subject. I have thought it best to present to them those claims in the least favorable point of view, to lessen, as much as possible, the ill effects of a disappointment; but I think it my duty to ask your notice and patronage of this case as one whose decision will have an effect on the general interests of the Union.
The Chevalier de Mezieres is nephew to General Oglethorpe; he is a person of great estimation, powerfully related and protected. His interests are espoused by those whom it is our interest to gratify. I will take the liberty, therefore, of soliciting your recommendations of him to the generosity of your legislature, and to the patronage and good offices of your friends, whose efforts, though in a private case, will do a public good. The pecuniary advantages of confiscation, in this instance, cannot compensate its ill effects. It is difficult to make foreigners understand those legal distinctions between the effects of forfeiture, of escheat, and of conveyance, on which the professors of the law might build their opinions in this case. They can see only the outlines of the case; to wit, the death of a possessor of lands lying within the United States, leaving an heir in France, and the State claiming those lands in opposition to the heir. An individual, thinking himself injured, makes more noise than a State. Perhaps, too, in every case which either party to a treaty thinks to be within its provisions, it is better not to weigh the syllables and letters of the treaty, but to show that gratitude and affection render that appeal unnecessary. I take the freedom, therefore, of submitting to your wisdom, the motives which present themselves in favor of a grant to the Chevalier de Mezieres, and the expediency of urging them on your State, as far as you may think proper.
I have the honor to be, with sentiments of the highest respect, Gentlemen, your most obedient, and most humble servant.