[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 Neckar has also promised that if the present Arret should at any time be repealed, there shall be a sufficient space of time allowed for the reception of the oils which shall have been previously embarked.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.