The Writings of Thomas Jefferson by Thomas Jefferson (books to read now .TXT) 📕

then, in order to give them one degree of power, which they ought to have, gives them ninety-nine more, which they ought not to have, upon a presumption that they will not exercise the ninety-nine. But upon every act, there will be a preliminary question, Does this act concern the confederacy? And was there ever a proposition so plain, as to pass Congress without a debate? Their decisions are almost always wise; they are like pure metal. But you know of how much dross this is the result. Would not an appeal from the State judicature to a federal court, in all cases where the act of Confederation controlled the question, be as effectual a remedy, and exactly commensurate to the defect? A British creditor, for example, sues for his debt in Virginia; the defendant pleads an act of the State, excluding him from their courts; the plaintiff urges the Confederation, and the treaty made under that, as controlling the State law; the judges are weak enough to decide according to the views of their legislature. An appeal to a federal court sets all to rights. It will be said, that this court may encroach on the jurisdiction of the State courts. It may. But there will be a power, to wit, Congress, to watch and restrain them. But place the same authority in Congress itself, and there will be no power above them, to perform the same office. They will restrain within due bounds, a jurisdiction exercised by others, much more rigorously than if exercised by themselves.

I am uneasy at seeing that the sale of our western lands is not yet commenced. That valuable fund for the immediate extinction of our debt will, I fear, be suffered to slip through our fingers. Every delay exposes it to events which no human foresight can guard against. When we consider the temper of the people of that country, derived from the circumstances which surround them, we must suppose their separation possible, at every moment. If they can be retained till their governments become settled and wise, they will remain with us always, and be a precious part of our strength and our virtue. But this affair of the Mississippi, by showing that Congress is capable of hesitating on a question, which proposes a clear sacrifice of the western, to the maritime States, will with difficulty be obliterated. The proposition of my going to Madrid, to try to recover there the ground which has been lost at New York, by the concession of the vote of seven States, I should think desperate. With respect to myself, weighing the pleasure of the journey and bare possibility of success, in one scale, and the strong probability of failure and the public disappointment directed on me, in the other, the latter preponderates. Add to this, that jealousy might be excited in the breast of a person, who could find occasions of making me uneasy.

The late changes in the ministry here excite considerable hopes. I think we gain in them all. I am particularly happy at the re-entry of Malesherbes into the Council, His knowledge and integrity render his value inappreciable, and the greater to me, because, while he had no views of office, we had established together the most unreserved intimacy. So far, too, I am pleased with Montmorin. His honesty proceeds from the heart as well as the head, and therefore may be more surely counted on. The King loves business, economy, order, and justice, and wishes sincerely the good of his people; but he is irascible, rude, very limited in his understanding, and religious, bordering on bigotry. He has no mistress, loves his queen, and is too much governed by her. She is capricious like her brother, and governed by him; devoted to pleasure and expense; and not remarkable for any other vices or virtues. Unhappily the King shows a propensity for the pleasures of the table. That for drink has increased lately, or, at least, it has become more known.

For European news in general, I will refer you to my letter to Mr. Jay. Is it not possible, that the occurrences in Holland may excite a desire in many, of leaving that country and transferring their effects out of it, and thus make an opening for shifting into their hands, the debts due to this country, to its officers, and Farmers? It would be surely eligible. I believe Dumas, if put on the watch, might alone suffice; but he surely might, if Mr. Adams should go when the moment offers. Dumas has been in the habit of sending his letters open to me, to be forwarded to Mr. Jay. During my absence, they passed through Mr. Short's hands, who made extracts from them, by which I see he has been recommending himself and me for the money negotiations in Holland. It might be thought, perhaps, that I have encouraged him in this. Be assured, my dear Sir, that no such idea ever entered my head. On the contrary, it is a business which would be the most disagreeable to me of all others, and for which I am the most unfit person living. I do not understand bargaining, nor possess the dexterity requisite for the purpose. On the other hand, Mr. Adams, whom I expressly and sincerely recommend, stands already on ground for that business, which I could not gain in years. Pray set me to rights in the minds of those who may have supposed me privy to this proposition. En passant, I will observe with respect to Mr. Dumas, that the death of the Count de Vergennes places Congress more at their ease, how to dispose of him. Our credit has been ill treated here in public debate, and our debt here deemed apocryphal. We should try to transfer this debt elsewhere, and leave nothing capable of exciting ill thoughts between us. I shall mention in my letter to Mr. Jay, a disagreeable affair which Mr. Barclay has been thrown into, at Bordeaux. An honester man cannot be found, nor a slower, nor more indecisive one. His affairs, too, are so embarrassed and desperate, that the public reputation is, every moment, in danger of being compromitted with him. He is perfectly amiable and honest, with all his embarrassments.

By the next packet, I shall be able to send you some books, as also your watch and pedometer. The two last are not yet done. To search for books, and forward them to Havre, will require more time than I had between my return and the departure of this packet. Having been a witness, heretofore, to the divisions in Congress on the subject of their foreign ministers, it would be a weakness in me to suppose none with respect to myself, or to count with any confidence on the renewal of my commission, which expires on the 10th day of March next; and the more so, as instead of requiring the disapprobation of seven States, as formerly, that of one suffices for a recall, when Congress consists of only seven States, two, when of eight, &c., which I suppose to be habitually their numbers at present. Whenever I leave this place, it will be necessary to begin my arrangements six months before my departure; and these, once fairly begun and under way, and my mind set homewards, a change of purpose could hardly take place. If it should be the desire of Congress that I should continue still longer, I could wish to know it, at farthest, by the packet which will sail from New York in September. Because, were I to put off longer the quitting my house, selling my furniture, &c., I should not have time left to wind up my affairs; and having once quitted, and sold off my furniture, I could not think of establishing myself here again. I take the liberty of mentioning this matter to you, not with a desire to change the purpose of Congress, but to know it in time. I have never fixed in my mind, the epoch of my return, so far as shall depend on myself, but I never supposed it very distant. Probably I shall not risk a second vote on this subject. Such trifling things may draw on me the displeasure of one or two States, and thus submit me to the disgrace of a recall.

I thank you for the paccan nuts, which accompanied your letter of March. Could you procure me a copy of the bill for proportioning crimes and punishments, in the form in which it was ultimately rejected by the House of Delegates? Young Mr. Bannister desired me to send him regularly the Mercure de France. I will ask leave to do this through you, and that you will adopt such method of forwarding them to him, as will save him from being submitted to postage, which they would not be worth. As a compensation for your trouble, you will be free to keep them till you shall have read them. I am, with sentiments of the most sincere esteem, dear Sir, your friend and servant.

 

TO JOHN JAY.

Paris, June 21, 1787

Sir,—I had the honor of addressing you in a letter of May the 4th, from Marseilles, which was to have gone by the last packet. But it arrived a few hours too late for that conveyance, and has been committed to a private one, passing through England, with a promise that it should go through no post office.

I was desirous, while at the seaports, to obtain a list of the American vessels which have come to them since the peace, in order to estimate their comparative importance to us, as well as the general amount of our commerce with this country, so far as carried on in our own bottoms. At Marseilles, I found there had been thirty-two, since that period; at Cette, not a single one; at Bayonne, one of our free ports, only one. This last fact I learned from other information, not having visited that place; as it would have been a deviation from my route, too considerable for the importance of the object. At Bordeaux, Nantes, and L'Orient, I could not obtain lists in the moment; but am in hopes I shall be able to get them ere long. Though more important to us, they will probably be more imperfect than that of Marseilles. At Nantes, I began with Monsieur Dobrée an arrangement of his claims. I visited the military stores, which have been detained there so long, opened some boxes of each kind, and found the state of their contents much better than had been represented. An exact list of the articles is to be sent me.

The importations into L'Orient of other fish oils, besides those of the whale, brought to my notice there a defect in the letter of Monsieur de Calonne, of October the 22d, which letter was formerly communicated to you. In that, whale oil only was named. The other fish oils, therefore, have continued to pay the old duties. In a conference with Monsieur de Villedeuil, the present Comptroller General, since my return, I proposed the extending the exemption to all fish oils, according to the letter of the Hanseatic treaty, which had formed the basis of the regulations respecting us. I think this will be agreed to. The delays of office first, then the illness of Monsieur de Calonne, and lastly, his removal and the throng of business occasioned by the Assemblée des Notables, have prevented the reducing the substance of the letter into the form of an Arret, as yet; though I have continued soliciting it as much as circumstances would bear. I am now promised that it shall be done immediately, and that it shall be so far retrospective to the date of the letter, as that all duties paid since that, shall be refunded.

The new accessions to the ministry are valued here. Good is hoped from the Archbishop