Chapter XXII: Part II: Continued (21)

The assembly of Virginia, hurried to their harvests, would not enter into a discussion of the district bill, but suspended it to the next session. E. Winston is appointed a judge, vice Gabriel Jones resigned. R. Goode and Andrew Moore, Counsellors, vice B. Starke dead, and Joseph Egglestone resigned. It is said Wilson, of Philadelphia, is talked of, to succeed Mr. A. in London. _Quære?_

The dispute about Virgil's tomb and the laurel, seems to be at length settled by the testimony of two travellers, given separately, and without a communication with each other. These both say, that attempting to pluck off a branch of the laurel, it followed their hand, being, in fact, nothing more than a plant or bough, recently cut and stuck in the ground for the occasion. The Cicerone acknowledged the roguery, and said they practised it with almost every traveller to get money. You will, of course, tug well at the laurel which shall be shown you, to see if this be the true solution.

The President Dupaty is dead. Monsieur de Barentin, _premier president de la cour des aides_, is appointed Garde des Sceaux. The stocks are rather lower than when you left this. Present me in the most friendly terms to Messrs. Shippen and Rutledge. I rely on your communicating to them the news, and therefore on their pardoning me for not repeating it in separate letters to them. You can satisfy them how necessary this economy of my time and labor is. This goes to Geneva, _poste restante_. I shall not write again till you tell me where to write to.

Accept very sincere assurances of the affection with which I am, dear Sir, your friend and servant.

TO JOHN JAY.

PARIS, September 24, 1788.

SIR,--Understanding that the vessel is not yet sailed from Havre, which is to carry my letters of the 3d and 5th instant, I am in hopes you will receive the present with them. The Russian accounts of their victories on the Black Sea, must have been greatly exaggerated. According to these, the Captain Pacha's fleet was annihilated; yet themselves have lately brought him on the stage again, with fifteen ships of the line, in order to obtain another victory over him. I believe the truth to be that he has suffered some checks, of what magnitude it is impossible to say where one side alone is heard, and that he is still master of that sea. He has relieved Oczakow, which still holds out; Choczim also is still untaken, and the Emperor's situation is apprehended to be bad. He spun his army into a long cord, to cover several hundred miles of frontier, which put it in the power of the Turks to attack with their whole force wherever they pleased. Laudon, now called to head the imperial army, is endeavoring to collect it; but in the meantime the campaign is drawing to a close, and has been worse than fruitless. The resistance of Russia to Sweden, has been successful in every point, by sea and land. This, with the interference of Denmark, and the discontent of the Swedish nation, at the breach of their constitution, by the King's undertaking an offensive war, without the consent of the Senate, has obliged him to withdraw his attacks by land, and to express a willingness for peace; one-third of his officers have refused to serve. England and Prussia have offered their mediation between Sweden and Russia, in such equivocal terms, as to leave themselves at liberty to say it was an offer, or was not, just as it shall suit them. Denmark is asking the counter-offer of mediation from this court. If England and Prussia make a peace effectually in the north, (which it is absolutely in their power to do,) it will be a proof they do not intend to enter into the war; if they do not impose a peace, I should suspect they mean to engage themselves; as one can hardly suppose they would let the war go on in its present form, wherein Sweden must be crushed between Russia and Denmark.

The Garde des Sceaux, M. de Lamoignon, was dismissed the 14th instant, and M. de Barentin is appointed in his room. The deputies of Bretagne are released from the Bastile, and M. d'Epermesnil and M. Sabatier recalled from their confinement. The parliament is not yet reinstated; but it is confidently said it will be this week. The stocks continue low, and the treasury under a hard struggle to keep the government in motion. It is believed the meeting of the States General will be as early as January, perhaps December. I have received a duplicate of the ratification of the loan of 1788, by Congress, and a duplicate of a letter of July the 22d, from the treasury board, on another subject, but none on that of the captives or foreign officers. I suppose some cause of delay must have intervened between the ratification of Congress, and the consequent orders of the Treasury Board. I have the honor to be, with sentiments of the most perfect esteem and respect, Sir, your most obedient, and most humble servant.

TO MR. SHIPPEN.

PARIS, September 29, 1788.

DEAR SIR,--Your favor of the 22d is just received. My occupations obliging me to economize my time and labor, where it can be done, I have, since your departure, addressed either yourself or Mr. Rutledge singly, hoping your goodness would excuse my writing to either for both. In like manner, I have lately written to Mr. Short for all three. I now take the liberty of addressing you for the triumvirate. No news yet from North Carolina; but in such a case no news is good news, as an unfavorable decision of the 12th State would have flown like an electrical shock through America and Europe. A letter from Governor Rutledge of August 10th, says nothing of North Carolina; this silence is a proof that all was well. That convention was to meet July 23d, and not July 4th, as we had been told. A dispute is excited in Philadelphia which is likely to make a noise. Oswald, the printer, being sued, published something in his own paper relative to the cause. It was construed by the judges a contempt of the court. They made a rule against him to show cause why he should not be attached. He appeared, the attachment was awarded, and he called on to answer interrogatories. He refused to answer interrogatories. The court gave him till next morning to consider. He appeared then, and still refused. By that time, however, it would seem as if the court themselves had considered better of it, for their counsel (I suspect it was W----n), declared it was never the intention of the court to compel him to answer interrogatories, and accordingly, without proposing any, or hearing his counsel, they committed him to prison for one month, and fined him ten pounds. Hereupon petitions were signed, one to the Executive to pardon Oswald, the other to the Legislature to punish the judges. The news of this country since my letter to Mr. Short, is that the Bretagne deputies are recalled from the Bastile, and d'Epermesnil and Sabatier from their prisons; the etats genereaux are to meet in the course of January, the court keeping the day of the month still in reserve; the parliament has returned to its functions by permission. Their first arreté has been to demand the etats genereaux in the form of 1614. Here the cloven hoof begins to appear. While the existence of parliament itself was endangered by the royal authority, they were calling for the etats genereaux; now they obtained a kind of victory, they see danger to themselves from those very etats genereaux, and determine to have them in a form which will neither merit nor command the confidence of the nation, or to prepare a ground for combatting their authority if they should be well-composed, and should propose a reformation of the parliaments. I will, immediately, according to the desire you are pleased to express, send a French copy of the notes on Virginia to the Syndic Cayla. M. Tronchin goes there himself this week. I am very sorry you are obliged to abridge your tour. With respect to your route from Milan to London, on which you were pleased to consult me, I would certainly prefer Genoa, thence along the coast to Nice, (absolutely by land, in defiance of all the persuasions you will be exposed to go by water,) thence to Toulon and Marseilles. There it will depend on your time, whether you will go by Nismes, the canal of Languedoc (in the post boat), Bordeaux, Paris and Calais, or whether you must come on directly from Marseilles to Paris and Calais. But even in the latter case, make the small deviation to Nismes, to see the most perfect remains of antiquity which exist on earth. My absence from Paris becomes more doubtful than it was. I had hoped to go to Champagne to see the vintage. I am not certain now that my business will permit it in every case; letters sent to me here will be properly forwarded. Present my affectionate regards to your two travelling companions, and be assured of the esteem and attachment with which I am sincerely, dear Sir, your affectionate friend and servant.

TO M. DE REYNEVAL.

PARIS, October 1, 1788.

SIR,--I have now the honor of enclosing to you a copy of the letter of September the 16th, which I had that of writing to his Excellency the Count de Montmorin, with the papers therein referred to, and of soliciting the order I have asked for. The originals were sent at the date before mentioned. Notwithstanding the refusal of the houses of Schweighauser and Dobrée, and of Puchilberg, to settle their claim against the United States by arbitration, as I proposed to them, the United States will still be ready to do them justice. But those houses must first retire from the only two propositions they have ever yet made, to wit, either a payment of their demand without discussion, or a discussion before the tribunals of the country. In the meantime, I shall hope an acknowledgment with respect to us, of the principle which holds as to other nations; that our public property here, cannot be seized by the territorial judge. It is the more interesting to us, as we shall be more and longer exposed than other nations, to draw arms and military stores from Europe. Our preference of this country, has occasioned us to draw them from hence alone, since the peace; and the friendship we have constantly experienced from the government, will, we doubt not, on this and every other occasion, insure to us the protection of what we purchase. I have the honor to be, Sir, your friend and servant.

TO MR. CUTTING.

PARIS, Oct. 2, 1788.

DEAR SIR,--I am now to acknowledge the receipt of your favors of the 16th and 23d ultimo, and to thank you for the intelligence they conveyed. That respecting the case of the interrogatories in Pennsylvania, ought to make a noise. So evident a heresy in the common law, ought not to be tolerated on the authority of two or three civilians, who happened, unfortunately, to make authority in the courts of England. I hold it essential, in America, to forbid that any English decision which has happened since the accession of Lord Mansfield to the bench, should ever be cited in a court; because, though there have come many good ones from him, yet there is so much sly poison instilled into a great part of them, that it is better to proscribe the whole. Can you inform me what has been done by England, on the subject of our wheat and flour? The papers say it is prohibited, even in Hanover. How do their whale fisheries turn out this year? I hope a deep wound will be given them in that article, soon, and such as will leave us in no danger from their competition.

I am, with very great esteem, dear Sir, your most obedient humble servant.

TO HIS EXCELLENCY THE COUNT DE MONTMORIN.

PARIS, October 23, 1788.

SIR,--I take the liberty of troubling your Excellency on the subject of the _Arret_ which has lately appeared for prohibiting the importation of whale oil and spermaceti, the produce of foreign fisheries. This prohibition being expressed in general terms, seems to exclude the whale oils of the United States of America, as well as of the nations of Europe. The uniform disposition, however, which his majesty and his ministers have shown to promote the commerce between France and the United States, by encouraging our productions to come hither, and particularly those of our fisheries, induces me to hope that these were not within their view at the passing of this _Arret_. I am led the more into this opinion, when I recollect the assiduity employed for several months, in the year 1785, by the committee appointed by government to investigate the objects of commerce of the two countries, and to report the encouragement of which it was susceptible. The result of that investigation, which his Majesty's Comptroller General did me the honor to communicate in a letter of the 22d of October, 1786, stating therein the principles which should be established for the future regulation of that commerce, and particularly distinguishing the article of whale oils by an abatement of the duties on them for the present, and a promise of farther abatement after the year 1790. The thorough re-investigation with which Monsieur de Lambert honored this subject, when the letter of 1786 was to be put into the form of an _Arret_, that _Arret_ itself bearing date the 29th of December last, which ultimately confirmed the abatement of duty, present and future, and Hord declared that his Majesty reserved himself to grant other favors to that production, if, on further information, he shall find it for the interest of the two nations;--and finally, the letter in which M. Lambert did me the honor to enclose the _Arret_, and to assure me that the duties which had been levied on our whale oils contrary to the intention of our letter of 1786, should be restored. On a review of all these circumstances, I cannot but presume that it has not been intended to reverse in a moment views so maturely digested and uniformly pursued; and that the general expressions of the _Arret_ of September the 28th, had within their contemplation the nations of Europe only. This presumption is further strengthened by having observed that in the treaties of commerce, made since the epoch of our independence, the _jura gentis amici_ form conceded to other nations, are expressly restrained to those of the most favored European nations: his Majesty wisely foreseeing that it would be expedient to regulate the commerce of a nation, which brings nothing but raw materials to employ the industry of his subjects, very differently from that of the European nations, who bring mostly what has already passed through all the stages of manufacture. On these considerations, I take the liberty of asking information from your Excellency as to the intent of the late _Arret_; and if I have not been mistaken in supposing it did not mean to abridge that of December 29th, I would solicit an explanatory _Arret_, to prevent the misconstructions of it which will otherwise take place. It is much to be desired, too, that this explanation could be given as soon as possible, in order that it may be handed out with the _Arret_ of September 28th. Great alarm will otherwise be spread among the merchants and adventurers in the fisheries; who, confiding in the stability of regulations, which his Majesty's wisdom had so long and well matured, have embarked their fortunes in speculations in this branch of business. The importance of the subject to one of the principal members of our Union, induces me to attend with great anxiety a re-assurance from your Excellency that no change has taken place in his Majesty's views on this subject; and that his dispositions to multiply, rather than diminish the combinations of interest between the two people, continue unaltered.

Commerce is slow in changing its channel. That between this country and the United States is as yet but beginning, and this beginning has received some checks. The _Arret_ in question would be a considerable one, without the explanations I have the honor to ask. I am persuaded that a continuation of the dispositions which have been hitherto manifested towards us, will ensure effects, political and commercial, of value to both nations.

I have had too many proofs of the friendly interest your Excellency is pleased to take in whatever may strengthen the bands and connect the views of the two countries, to doubt your patronage of the present application, or to pretermit any occasion of repeating assurances of those sentiments of high respect and esteem with which I have the honor to be, your Excellency's most obedient, and most humble servant.

TO MR. SHORT.

PARIS, November 2, 1788.

DEAR SIR,-- * * * * *

Our news from America is to the beginning of October. Pennsylvania had elected its two Senators for the new government, Robert Morris and a Mr. McCay. Morris had an arrival from China worth £150,000. An ill-understanding between Mr. Adams and Mr. Hancock, both proposed as Vice-Presidents, and every State likely to bring forward a candidate of their own, in which case, you know, the Senate will choose from among those possessing the greatest number of votes, if there be an equality of votes. A general hail storm about the 26th of August has done great mischief from New Hampshire to Virginia. It occasioned the price of tobacco there immediately to rise to 30s. The King of England has for some time been at death's door. His disease is dropsical, tending to the head. A perpetual delirium, with rare and doubtful lucid intervals, makes it strongly believed to be a regular hydrocephalus, in which case the skilful pronounce either his death or insanity. The parliament was to meet yesterday on its prorogation, and it was under contemplation that they should establish a regency. Here, the Notables are in session, but they have deservedly lost their popularity. It is evident that the court wishes to give to the _tiers etat_ a double number of votes. The bureau of Monsieur voted this by a majority of one voice only. The other bureau rejected it almost unanimously. There is a great outcry against this, and the friends of the people and of justice will try the question over again in an assembly of all the bureaux--but there seem no hopes of success. This is the first event which has shown that there will be a combination of the nobles and clergy, and consequently it will throw the people decidedly into the scale of the King. This may end in liberty or despotism, at his will. I think that both he and his ministry are in favor of liberty, and that having twenty-three millions and a half of the people on their side, they will call the other half million to order, and show them that instead of being two thirds of the nation, they are but the forty-eighth.

TO MR. CUTTING.

PARIS, November 3, 1788.

DEAR SIR,--I have now the honor to acknowledge your favors of the 30th of September, 5th, 6th, 7th and 17th of October, which I should have done sooner, but that there was no new occurrence well ascertained and worth communicating. I think it now pretty certain that an alliance is entered into between England, Prussia, and Sweden, to which Holland is to accede, so as to make it quadruple. The Prussian army is on its march towards Holstein, under the command of Prince Frederick of Brunswick; a poor head. There is also said to be an army of 60,000 Prussians in Silesia, ready to overawe Poland, should it take side with Russia. Of this last fact, however, I am not sure. It would seem, then, as if Prussia meant to enter into the war, or is it only to induce Denmark to withdraw and leave Russia and Sweden to fight their own battles? If it does not produce this effect, will England lie by, and only engage in case France should move? These are points uncertain as yet. One thing is certain: that this country will make no move which may engage her in war, till after her _Etats Genereux_. The Notables meet on Thursday next, to decide on the form of composing and calling the _Etats Genereux_. What will be their form, cannot yet be foreseen; much less what they will do. They will undoubtedly give money to the government, but probably for a short time, and make it the price of some concessions from the King for limiting his own rights, and enlarging those of the nation. They will surely provide for the regular convocation of the States General in future. Other things talked of, are a bill of rights, habeas corpus civil list, and a negative at least on legislative acts. The kingdom has been in the most perfect tranquillity since the announcing the States General for January. I doubt, however, the possibility of convoking them so soon.

Prince Henry of Russia arrived here the day before yesterday. Remarkable deaths are the Marshal de Biron and Marquis de Chastellux.

Nobody wishes more sincerely than I do to see the States, individually as well as collectively, extricate themselves from their debts. But having, in the letters I formerly gave you for South Carolina, said as much on that subject as prudence would permit me, I am afraid to add anything more. I thank you for your information on the subject of the whale fishery. After the hint I gave you, you would not expect to see the _Arret_ of September 26th. I cannot now explain it to you, nor tell you with certainty in what form it will finally rest as to us. I am, with very great esteem, dear Sir, your most obedient humble servant.

TO MR. DUMAS.

PARIS, November 3, 1788.

DEAR SIR,--I have duly received your favors of the 10th and 23d of October, and sincerely sympathize with you in your sufferings, without being able to relieve them. Nor can I even conjecture what Congress will decide as to the Brussels proposition. I should be puzzled myself to suggest anything better at this moment.

You have doubtless heard that North Carolina has thought it best to propose amendments to the new Constitution before acceding to it. She has no disposition to separate from the Union, even if no amendments be made, as she has not come to a negative decision, but left the matter open. So many States have desired alterations, that I suppose those will be made in which almost all have agreed. A bill of rights will comprehend most of them. In the meantime, the new government will go on.

The Notables meet at Versailles the day after to-morrow, to decide on the composition and convocation of the States General. Till the States shall meet, this country will probably not take any measure which may engage it in a war. In the meantime, the King of Prussia seems itching to be engaged. He calculates only on the torpitude of the present moment in which France is: he does not seem to take into account the difference between his head and the late King's. This may be equal, perhaps, to half his army. I have the honor to be, with great esteem and attachment, dear Sir, your most obedient humble servant.

TO JOHN JAY.

PARIS, November 14, 1788.

SIR,--In my letter of December the 21st, 1787, I had the honor of acknowledging the receipt of your two favors of July the 27th, 1787, which had come to my hands December the 19th, and brought with them my full powers for treating on the subject of the consular convention. Being then much engaged in getting forward the _Arret_ which came out on the 29th of December, and willing to leave some interval between that act and the solicitation of a reconsideration of our consular convention, I had declined mentioning it, for some time, and was just about to bring it on the carpet, when it became necessary for me to go to Amsterdam. Immediately after my return, which was about the last of April, I introduced the subject to the Count de Montmorin, and have followed it unremittingly, from that time. The office of Marine, as well as that of Foreign Affairs, being to be consulted in all the stages of the negotiation, has protracted its conclusion till this time; it is at length signed this day, and I have now the honor to enclose the original, for the ratification of Congress. The principal changes effected are the following:

The clauses of the Convention of 1784, clothing consuls with privileges of the law of nations, are struck out, and they are expressly subjected, in their persons and property, to the laws of the land.

That giving the right of sanctuary to their houses, is reduced to a protection of their chancery room and its papers.

Their coercive powers over passengers are taken away; and over those, whom they might have termed deserters of their nation, are restrained to deserted seamen only.

The clause, allowing them to arrest and send back vessels, is struck out, and instead of it, they are allowed to exercise a police over the ships of their nation generally.

So is that, which declared the indelibility of the character of the subject, and the explanation and extension of the eleventh article of the treaty of amity.

The innovations in the laws of evidence are done away; and the convention is limited to twelve years' duration. Convinced that the fewer examples, the better, of either persons or causes unamenable to the laws of the land, I could have wished still more had been done; but more could not be done, with good humor. The extensions of authority given by the convention of 1784, were so homogeneous with the spirit of this government, that they were prized here. Monsieur de Reyneval has had the principal charge of arranging this instrument with me; and, in justice to him, I must say, I could not have desired more reasonable and friendly dispositions, than he demonstrated through the whole of it.

I enclose herewith, the several schemes successively proposed between us, together with the copies of the written observations given in with them, and which served as texts of discussion, in our personal conferences. They may serve as a commentary on any passage which may need it, either now or hereafter, and as a history how any particular passage comes to stand as it does. No. 1, is the convention of 1784. No. 2, is my first scheme. No. 3, theirs in answer to it. No. 4, my next, which brought us so near together, that, in a conference on that, we arranged it in the form in which it has been signed. I add No. 5, the copy of a translation which I have put into their hands, with a request, that if they find any passages in which the sense of the original is not faithfully rendered, they will point them out to me; otherwise, we may consider it as having their approbation. This, and the convention of 1784 (marked No. 1), are placed side by side, so as to present to the eye, with less trouble, the changes made; and I enclose a number of printed copies of them, for the use of the members, who will have to decide on the ratification. It is desirable that the ratification should be sent here for exchange, as soon as possible.

With respect to the consular appointments, it is a duty on me to add some observations, which my situation here has enabled me to make. I think it was in the spring of 1784, that Congress (harassed by multiplied applications from foreigners, of whom nothing was known but on their own information, or on that of others as unknown as themselves) came to a resolution, that the interest of America would not permit the naming any person not a citizen, to the office of consul, vice-consul, agent or commissary. This was intended as a general answer to that swarm of foreign pretenders. It appears to me, that it will be best, still to preserve a part of this regulation. _Native_ citizens, on several valuable accounts, are preferable to aliens, and to citizens alien-born. They possess our language, know our laws, customs, and commerce; have, generally, acquaintance in the United States; give better satisfaction, and are more to be relied on, in point of fidelity. Their disadvantages are, an imperfect acquaintance with the language of this country, and an ignorance of the organization of its judicial and executive powers, and consequent awkwardness, whenever application to either of these is necessary, as it frequently is. But it happens, that in some of the principal ports of France, there is not a single American (as in Marseilles, L'Orient, and Havre), in others but one (as in Nantes and Rouen), and in Bordeaux only, are there two or three. Fortunately for the present moment, most of these are worthy of appointments. But we should look forward to future times, when there may happen to be no native citizens in a port, but such as, being bankrupt, have taken asylum in France from their creditors, or young ephemeral adventurers in commerce, without substance or conduct, or other descriptions, which might disgrace the consular office, without protecting our commerce. To avail ourselves of our good _native citizens_, when we have one in a port, and when there are none, to have yet some person to attend to our affairs, it appears to me advisable, to declare, by a standing law, that no person but a native citizen shall be capable of the office of _consul_, and that the consul's presence in his port should suspend, for the time, the functions of the vice-consul. This is the rule of 1784, restrained to the office of _consul_, and to _native_ citizens. The establishing this, by a standing law, will guard against the effect of particular applications, and will shut the door against such applications, which will otherwise be numerous. This done, the office of vice-consul may be given to the best subject in the port, whether citizen or alien, and that of consul be kept open for any native citizen of superior qualifications, who might come afterwards to establish himself in the port. The functions of the vice-consul would become dormant during the presence of his principal, come into activity again on his departure, and thus spare us and them, the painful operation of revoking and reviving their commissions perpetually. Add to this, that during the presence of the consul, the vice-consul would not be merely useless, but would be a valuable counsellor to his principal, new in the office, the language, laws and customs of the country. Every consul and vice-consul should be restrained in his jurisdiction, to the port for which he is named, and the territory nearer to that than to any other consular or vice consular port, and no idea be permitted to arise, that the grade of consul gives a right to any authority whatever over a vice-consul, or draws on any dependence.

* * * * *

It is now proper I should give some account of the state of our dispute with Schweighauser and Dobrée. In the conversation I had with Dobrée at Nantes, he appeared to think so rationally on the subject, that I thought there would be no difficulty in accommodating it with him, and I wished rather to settle it by accommodation, than to apply to the minister. I afterwards had it intimated to him, through the medium of Mr. Carnes, that I had it in idea, to propose a reference to arbitrators. He expressed a cheerful concurrence in it. I thereupon made the proposition to him formally, by letter, mentioning particularly, that we would choose our arbitrators of some neutral nation, and, of preference, from among the Dutch refugees here. I was surprised to receive an answer from him, wherein, after expressing his own readiness to accede to this proposition, he added, that on consulting Mr. Puchilberg, he had declined it; nevertheless, he wished a fuller explanation from me, as to the subjects to be submitted to arbitration. I gave him that explanation, and he answered finally, that Mr. Puchilberg refused all accommodation, and insisted that the matter should be decided by the tribunals of the country. Accommodation being at an end, I wrote to Monsieur de Montmorin, and insisted on the usage of nations, which does not permit the effects of one sovereign to be seized in the territories of another, and subjected to judiciary decision there. I am promised that the stores shall be delivered; but the necessary formalities will occasion some delay. The King being authorized to call all causes before himself, ours will be evoked from the tribunal where it is, and will be ended by an order to deliver up the stores arrested, leaving it to the justice of Congress, to do afterwards what is right, as to the demand of Schweighauser and Dobrée. I wish I could receive instructions what to do with the stores, when delivered. The arms had certainly better be sent to America, as they are good, and yet will sell here for little or nothing. The gun stocks and old iron had better be sold here; but what should be done with the anchors? Being thoroughly persuaded that Congress wish that substantial justice should be done to Schweighauser and Dobrée, I shall, after the stores are secured, repeat my proposition of arbitration to them. If they then refuse it, I shall return all the papers to America, and consider my powers for settling this matter as at an end.

I have received no answer yet from Denmark, on the subject of the prizes; nor do I know whether to ascribe this silence to an intention to evade the demand, or to the multitude of affairs they have had on their hands lately. Patience seems to be prudence in this case; to indispose them, would do no good, and might do harm. I shall write again soon, if no answer be received in the meantime.

I have the honor to be, with sentiments of the most perfect esteem and respect, Sir, your most obedient, and most humble servant.

[The following is the translation of the convention referred to as No. 5, in the preceding letter.]

_Convention between his most Christian Majesty and the United
States of America, for the purpose of defining and establishing
the functions and privileges of their respective Consuls and
vice-Consuls._

His Majesty the most Christian King, and the United States of America, having, by the twenty-ninth article of the treaty of amity and commerce concluded between them, mutually granted the liberty of having, in their respective States and ports, Consuls, vice-Consuls, Agents and Commissaries, and being willing, in consequence thereof, to define and establish in a reciprocal and permanent manner, the functions and privileges of Consuls and vice-Consuls, which they have judged it convenient to establish of preference, his M. C. Majesty has nominated the Sieur Count of Montmorin of St. Herent, Marechal of his Camps and Armies, Knight of his Orders and of the Golden Fleece, his Counsellor in all his Councils, Minister and Secretary of State, and of his Commandments and Finances, having the department of foreign affairs, and the United States have nominated Thomas Jefferson, of the United States of America, and their Minister Plenipotentiary near the King, who after having communicated to each other their respective full powers, have agreed on what follows:

Article I. The Consuls and vice-Consuls named by the M. C. K. and the United States, shall be bound to present their commissions according to the forms which shall be established respectively by the M. C. K. within his dominions, and by the Congress within the United States, there shall be delivered to them, without any charges, the Exequatur necessary for the exercise of their functions; and on exhibiting the said Exequatur, the governors, commanders, heads of justice, bodies corporate, tribunals and other officers having authority in the ports and places of their consulates, shall cause them to enjoy immediately, and without difficulty, the pre-eminences, authority and privileges, reciprocally granted, without exacting from the said Consuls and vice-Consuls any fee under any pretext whatever.

Article II. The Consuls and vice-Consuls, and persons attached to their functions, that is to say, their chancellors and secretaries, shall enjoy a full and entire immunity for their chancery and the papers which shall be therein contained; they shall be exempt from all personal service, from soldiers' billets, militia, watch, guard, guardianship, trusteeship, as well as from all duties, taxes, impositions, and charges whatsoever, except on the estate real and personal of which they may be the proprietors or possessors, which shall be subject to the taxes imposed on the estates of all other individuals; and in all other instances, they shall be subject to the laws of the land, as the natives are.

Those of the said Consuls and vice-Consuls who shall exercise commerce, shall be respectively subject to all taxes, charges and impositions established on other merchants.

They shall place over the outward door of their house the arms of their sovereign; but this mark of indication shall not give to the said house, any privilege of asylum for any person or property whatsoever.

Article III. The respective Consuls and vice-Consuls may establish agents in the different ports and places of their departments, where necessity shall require. These agents may be chosen among the merchants, either national or foreign, and furnished with a commission from one of the said Consuls; they shall confine themselves respectively to the rendering to their respective merchants, navigators, and vessels all possible service, and to inform the nearest Consul of the wants of the said merchants, navigators and vessels, without the said agents otherwise participating in the immunities, rights and privileges attributed to Consuls and vice-Consuls, and without power under any pretext whatever, to exact from the said merchants any duty or emolument whatsoever.

Article IV. The Consuls and vice-Consuls respectively, may establish a chancery, where shall be deposited the consular determinations, acts and proceedings, as also testaments, obligations, contracts, and other acts done by or between persons of their nation, and effects left by descendents, or saved from shipwreck.

They may, consequently, appoint fit persons to act in the said chancery, qualify and swear them in, commit to them the custody of the seal, and authority to seal commissions, sentences and other consular acts, and also to discharge the functions of notaries and registers of the consulate.

Article V. The Consuls and vice-Consuls respectively, shall have the exclusive right of receiving in their chancery, or on board their vessels, the declarations and all other the acts which the captains, masters, crews, passengers and merchants of their nation may choose to make there, even their testaments and other disposals by last will; and the copies of the said acts, duly authenticated by the said Consuls or vice-Consuls, under the seal of their consulate, shall receive faith in law, equally as their originals would, in all the tribunals of the dominions of the M. C. King and the United States.

They shall also have, and exclusively, in case of the absence of the testamentary executor, guardian or lawful representative, the right to inventory, liquidate, and proceed to the sale of the personal estate left by subjects or citizens of their nation, who shall die within the extent of their consulate; they shall proceed therein with the assistance of two merchants of their said nation, or, for want of them, of any other at their choice, and shall cause to be deposited in their chancery, the effects and papers of the said estates; and no officer, military, judiciary, or of the police of the country, shall disturb them or interfere therein in any manner whatsoever; but the said Consuls and vice-Consuls shall not deliver up the said effects, nor the proceeds thereof, to the lawful representatives, or to their order, till they shall have caused to be paid all debts which the deceased shall have contracted in the country; for which purpose, the creditor shall have a right to attach the said effects in their hands, as they might in those of any other individual whatever, and proceed to obtain sale of them, till payment of what shall be lawfully due to them. When the debts shall not have been contracted by judgment, deed or note, the signature whereof shall be known, payment shall not be ordered, but on the creditor's giving sufficient surety resident in that country, to refund the sums he shall have unduly received, principal, interest and costs; which surety, nevertheless, shall stand duly discharged after the term of one year, in time of peace, and of two, in time of war, if the discharge cannot be formed before the end of this term, against the representatives who shall present themselves.

And in order that the representatives may not be unjustly kept out of the effects of the deceased, the Consuls and vice-Consuls shall notify his death in some one of the gazettes published within their consulate, and that they shall retain the said effects in their hands four months, to answer all just demands which shall be presented; and they shall be bound, after this delay, to deliver to the persons succeeding thereto, what shall be more than sufficient for the demands which shall have been formed.

Article VI. The Consuls and vice-Consuls respectively, shall receive the declarations, protests and reports, of all captains and masters of their respective nations, on account of average losses sustained at sea; and these captains and masters shall lodge in the chancery of the said Consuls and vice-Consuls, the acts which they may have made in other ports, on account of the accidents which may have happened to them on their voyage. If a subject of the M. C. K. and a citizen of the United States, or a foreigner, are interested in the said cargo, the average shall be settled by the tribunals of the country, and not by the Consuls or vice-Consuls; but when only the subjects or citizens of their own nation shall be interested, the respective Consuls or vice-Consuls shall appoint skilful persons to settle the damages and average.

Article VII. In cases where by tempest, or other accident, French ships or vessels shall be stranded on the coasts of the United States, and ships or vessels of the United States shall be stranded on the coasts of the dominions of the M. C. K., the Consul or vice-Consul nearest to the place of shipwreck shall do whatever he may judge proper, as well for the purpose of saving the said ship or vessel, its cargo and appurtenances, as for the storing and the security of the effects and merchandise saved. He may take an inventory of them, without the intermeddling of any officers of the military, of the customs, of justice, or of the police of the country, otherwise than to give the Consuls, vice-Consuls, captain and crew of the vessels shipwrecked or stranded, all the succor and favor which they shall ask of them, either for the expedition and security of the saving and of the effects saved, as to prevent all disturbance.

And in order to prevent all kind of dispute and discussion in the said cases of shipwreck, it is agreed that when there shall be no Consul or vice-Consul to attend to the saving of the wreck, or that the residence of the said Consul or vice-Consul (he not being at the place of the wreck) shall be more distant from the said place than that of the competent judge of the country, the latter shall immediately proceed therein, with all the despatch, certainty and precautions, prescribed by the respective laws; but the said territorial judge shall retire, on the arrival of the Consul or vice-Consul, and shall deliver over to him the report of his proceedings, the expenses of which, the Consul or vice-Consul shall cause to be reimbursed to him, as well as those of saving the wreck.

The merchandise and effects saved, shall be deposited in the nearest Custom-house, or other place of safety, with the inventory thereof, which shall have been made by the Consul or vice-Consul, or by the judge who shall have proceeded in their absence, that the said effects and merchandise may be afterwards delivered (after levying therefrom the costs), and without form of process, to the owners, who, being furnished with an order for their delivery, from the nearest Consul or vice-Consul, shall reclaim them by themselves, or by their order, either for the purpose of re-exporting such merchandise, in which case they shall pay no kind of duty of exportation, or for that of selling them in the country, if they be not prohibited there; and in this last case, the said merchandise, if they be damaged, shall be allowed an abatement of entrance duties, proportioned to the damage they have sustained, which shall be ascertained by the affidavits taken at the time the vessel was wrecked or struck.

Article VIII. The Consuls and vice-Consuls shall exercise police over all the vessels of their respective nations, and shall have on board the said vessels, all power and jurisdiction in civil matters, in all the disputes which may there arise; they shall have an entire inspection over the said vessels, their crew and the changes and substitutions there to be made. For which purpose, they may go on board the said vessels wherever they may judge it necessary; well understood, that the functions hereby allowed shall be confined to the interior of the vessels, and that they shall not take place in any case, which shall have any interference with the police of the ports where the said vessels shall be.

Article IX. The Consuls and vice-Consuls may cause to be arrested, the captains officers, mariners, sailors, and all other persons, being part of the crews of the vessels of their respective nations, who shall have deserted from the said vessels, in order to send them back, and transport them out of the country. For which purpose, the said Consuls and vice-Consuls shall address themselves to the courts, judges and officers competent, and shall demand the said deserters in writing, proving by an exhibition of the registers of the vessel or ship's roll, that those men were part of the said crews; and on this demand, so proved (saving, however, where the contrary is proved), the delivery shall not be refused; and there shall be given all aid and assistance to the said Consuls and vice-Consuls, for the search, seizure and arrest of the said deserters, who shall even be detained and kept in the prisons of the country, at their request and expense, until they shall have found an opportunity of sending them back. But if they be not sent back within three months, to be counted from the day of their arrest, they shall be set at liberty, and shall be no more arrested for the same cause.

Article X. In cases where the respective subjects or citizens shall have committed any crime, or breach of the peace, they shall be amenable to the judges of the country.

Article XI. When the said offenders shall be a part of the crew of a vessel of their nation, and shall have withdrawn themselves on board the said vessel, they may be there seized and arrested by order of the judges of the country; these shall give notice thereof to the Consul or vice-Consul, who may repair on board, if he thinks proper; but this notification shall not, in any case, delay execution of the order in question. The persons arrested, shall not afterwards be set at liberty, until the Consul or vice-Consul shall have been notified thereof; and they shall be delivered to him, if he requires it, to be put again on board of the vessels on which they were arrested, or of others of their nation, and to be sent out of the country.

Article XII. All differences and suits between the subjects of the M. C. K. in the U. S. or between the citizens of the United States within the dominions of the M. C. K. and particularly all disputes relative to the wages and terms of engagement of the crews of the respective vessels, and all differences of whatever nature they be, which may arise between the privates of the said crews, or between any of them and their captains, or between the captains of different vessels of their nation, shall be determined by the respective Consuls and vice-Consuls, either by a reference to arbitrators, or by a summary judgment, and without costs.

No officer of the country, civil or military, shall interfere therein, or take any part whatever in the matter; and the appeals from the said consular sentences, shall be carried before the tribunals of France or of the United States, to whom it may appertain to take cognizance thereof.

Article XIII. The general utility of commerce, having caused to be established within the dominions of the M. C. K. particular tribunals and forms, for expediting the decision of commercial affairs, the merchants of the U. S. shall enjoy the benefit of these establishments; and the Congress of the U. S. will provide in the manner the most conformable to its laws, equivalent advantages in favor of the French merchants, for the prompt despatch and decision of affairs of the same nature.

Article XIV. The subjects of the M. C. K. and citizens of the U. S. who shall prove by legal evidence, that they are of the said nations respectively, shall, in consequence, enjoy an exemption from all personal service in the place of their settlement.

Article XV. If any other nation acquires, by virtue of any convention whatever, a treatment more favorable with respect to the consular pre-eminences, powers, authority and privileges, the Consuls and vice-Consuls of the M. C. K., or of the U. S. reciprocally, shall participate therein, agreeably to the terms stipulated by the second, third, and fourth articles of the treaty of amity and commerce, concluded between the M. C. K. and the U. S.

Article XVI. The present convention shall be in full force during the term of twelve years, to be counted from the day of the exchange of ratifications, which shall be given in proper form, and exchanged on both sides, within the space of one year, or sooner, if possible.

In faith whereof, we, Ministers Plenipotentiary, have signed the present convention, and have thereto set the seal of our arms.

Done at Versailles the 14th of November, one thousand seven hundred and eighty-eight.

L. C. DE MONTMORIN.} {TH: JEFFERSON.
L. S. } Signed. { L. S.

TO JAMES MADISON.

PARIS, November 18, 1788.

DEAR SIR,--My last to you was of the 31st July; since which, I have received yours of July the 24th, August the 10th and 23d. The first part of this long silence in me, was occasioned by a knowledge that you were absent from New York; the latter part, by a want of opportunity, which has been longer than usual. Mr. Shippen being just arrived here, and to set out to-morrow for London, I avail myself of that channel of conveyance. Mr. Carrington was so kind as to send me the second volume of the American Philosophical Transactions, the Federalist, and some other interesting pamphlets; and I am to thank you for another copy of the Federalist, and the report of the instructions to the ministers, for negotiating peace. The latter, unluckily, omitted exactly the passage I wanted, which was what related to the navigation of the Mississippi. With respect to the Federalist, the three authors had been named to me. I read it with care, pleasure and improvement, and was satisfied there was nothing in it by one of those hands, and not a great deal by a second. It does the highest honor to the third, as being, in my opinion, the best commentary on the principles of government, which ever was written. In some parts, it is discoverable that the author means only to say what may be best said in defence of opinions, in which he did not concur. But in general, it establishes firmly the plan of government. I confess, it has rectified me on several points. As to the bill of rights, however, I still think it should be added; and I am glad to see, that three States have at length considered the perpetual re-eligibility of the President, as an article which should be amended. I should deprecate with you, indeed, the meeting of a new convention. I hope they will adopt the mode of amendment by Congress and the Assemblies, in which case, I should not fear any dangerous innovation in the plan. But the minorities are too respectable, not to be entitled to some sacrifice of opinion, in the majority; especially, when a great proportion of them would be contented with a bill of rights.