Memoir, Correspondence, And Miscellanies, From The Papers Of Thomas Jefferson
Chapter 99 : Th: Jefferson.LETTER CXL.*--TO JAMES MADISON, May 28, 1788 TO JAMES MADISON.Paris, May

Th: Jefferson.

LETTER CXL.*--TO JAMES MADISON, May 28, 1788

TO JAMES MADISON.

Paris, May 28, 1788.

Dear Sir,

The enclosed letter for Mr. Jay, being of a private nature. I have thought it better to put it under your cover, lest it might be opened by some of his clerks, in the case of his absence. But I enclose a press copy of it for yourself, as you will perceive the subject of it referred to you, as well as to him. I ask your aid in it so far as you think right, and to have done what you think right. If you will now be so good as to cast your eye over the copy enclosed, what follows the present sentence, will be some details, supplementary to that only, necessary for your information, but not proper for me to state to Mr. Jay.

[* It will be seen that a few words of this letter are in cipher. It is published, however, as written, because enough of it is literal to interest the reader, to whom also a specimen of the cipher, used by the Author, may not be unacceptable.]

378.227.1247. though appointed a minister resident at the court of 514.

he never was 663. in that character. He was continually pa.s.sing from 1042. to 514. and 514. to 1042., so that he had no occasion to establish a household at either. Accordingly, he staid princ.i.p.ally in furnished lodgings. Of all our ministers, he had the least occasion for an outfit, and I suppose spent almost nothing on that article. He was of a disposition, too, to restrain himself within any limits of expense whatever, and it suited his recluse turn, which is, to avoid society.

Should he judge of what others should do, by what he did, it would be an improper criterion. He was in Europe as a voyageur only, and it was while the salary was five hundred guineas more than at present.

145.1267.1046.7. he came over, when, instead of outfit and salary, all expenses were paid. Of rigorous honesty, and careless of appearances, he lived for a considerable time as an economical private individual. After he was fixed at 812.141. and the salary at a sum certain, he continued his economical style, till, out of the difference between his expenses and his salary, he could purchase furniture for his house. This was the easier, as the salary was at two thousand five hundred guineas then.

He was obliged, too, to be pa.s.sing between 1042. and 812.141. so as to avoid any regular current of expenses. When he established himself, his pecuniary affairs were under the direction of 964.814.7.101.994., one of the most estimable characters on earth, and the most attentive and honorable economists. Neither had a wish to lay up a copper, but both wished to make both ends meet. I suspected, however, from an expression dropped in conversation, that they were not able to do this, and that a deficit in their accounts appeared in their winding up. If this conjecture be true, it is a proof that the salary, so far from admitting savings, is unequal to a very plain style of life; for such was theirs.

I presume Congress will be asked to allow it, and it is evident to me, from what I saw while in 1093. that it ought to be done, as they did not expend a s.h.i.+lling which should have been avoided. Would it be more eligible to set the example of making good a deficit, or to give him an outfit, which will cover it? The impossibility of living on the sum allowed, respectably, was the true cause of his insisting on his recall.

821.267.1292. He came over while all expenses were paid. He rented a house with standing furniture, such as tables, chairs, presses, &c., and bought all other necessaries. The latter were charged in his account; the former was included in the article of house-rent, and paid during the whole time of his stay here; and as the established rate of hire for furniture is from thirty to forty per cent, per annum, the standing furniture must have been paid for three times over, during the eight years he staid here. His salary was two thousand five hundred guineas.

When Congress reduced it to less than two thousand, he refused to accede to it, asked his recall, and insisted that whenever they chose to alter the conditions on which he came out, if he did not approve of it, they ought to replace him in America on the old conditions. He lived plain, but as decently as his salary would allow. He saved nothing, but avoided debt. He knew he could not do this on the reduced salary, and therefore asked his recall with decision.

To 935.145. succeeded. He had established a certain style of living. The same was expected from 1214. and there were five hundred guineas a year less to do it on. It has been aimed at, however, as far as was practicable. This rendered it constantly necessary to step neither to the right nor to the left, to incur any expense which could possibly be avoided, and it called for an almost womanly attention to the details of the household, equally perplexing, disgusting, and inconsistent with business. You will be sensible, that, in this situation, no savings could be made for reimbursing the half year's salary, ordered to be advanced under the former commission, and more than as much again, which was unavoidably so applied, without order, for the purchase of the outfit. The reason of the thing, the usage of all nations, the usage of our own, by paying all expenses of preceding ministers, which gave them the outfit, as far as their circ.u.mstances appeared to them to render it necessary, have made me take for granted all along, that it would not be refused to me: nor should I have mentioned it now, but that the administration is pa.s.sing into other hands, and more complicated forms.

It would be disagreeable to me to be presented to them, in the first instance, as a suitor. Men come into business at first with visionary principles. It is practice alone, which can correct and conform them to the actual current of affairs. In the mean time, those to whom their errors were first applied, have been their victims. The government may take up the project of appointing foreign ministers without outfits, and they may ruin two or three individuals, before they find that that article is just as indispensable as the salary. They must then fall into the current of general usage, which has become general, only because experience has established its necessity. Upon the whole, be so good as to reflect on it, and to do, not what your friends.h.i.+p to me, but your opinion of what is right, shall dictate.

Accept, in all cases, a.s.surances of the sincere esteem and respect with which I am, Dear Sir, your friend and servant,

Th: Jefferson.

LETTER CXLI.--TO PETER CARU, May 23, 1788

TO PETER CARU.

Paris, May 23, 1788.

Dear Peter,

The preceding letter [* For the letter referred to, see ante, LXXIV.]

was written at its date, and I supposed you in possession of it, when your letters of December the 10th, 1787, and March the 18th, 1788, told me otherwise. Still I supposed it on its way to you, when a few days ago, having occasion to look among some papers in the drawer, where my letters are usually put away, till an opportunity of sending them occurs, I found that this letter had slipped among them, so that it had never been forwarded. I am sorry for it, on account of the remarks relative to the Spanish language only. Apply to that with all the a.s.siduity you can. That language and the English covering nearly the whole face of America, they should be well known to every inhabitant, who means to look beyond the limits of his farm. I like well the distribution of your time, mentioned in your letter of March the 18th; and the counsels of Mr. Wythe, so kindly extended to you, leave it necessary for me to add nothing of that kind. Be a.s.siduous in learning, take much exercise for your health, and practise much virtue. Health, learning, and virtue, will insure your happiness; they will give you a quiet conscience, private esteem, and public honor. Beyond these, we want nothing but physical necessaries, and they are easily obtained.

My daughters are well, and join me in love to yourself, your mother, brothers, and sisters.

I am, with very sincere esteem, Dear Peter, your affectionate

friend,

Th: Jefferson.

LETTER CXLII.--TO THE COMTE DE BERNSTORFF, June 19, 1788

TO THE COMTE DE BERNSTORFF.

Paris, June 19, 1788.

I had the honor of addressing your Excellency, by Admiral Paul Jones, on the 21st of January, on the subject of the prizes taken under his command during the late war, and sent into Bergen. I communicated at the same time a copy of the powers which the Congress of the United States of America had been pleased to confide to me therein, having previously shown the original to the Baron de Blome, Envoy Extraordinary of his Majesty, the King of Denmark, at this court; and I furnished, at the same time, to Admiral Paul Jones, such authority as I was empowered to delegate, for the arrangement of this affair. That officer has transmitted me a copy of your Excellency's letter to him of the 4th of April, wherein you are pleased to observe, that the want of full powers on his part was an invincible obstacle to the definitive discussion of this claim with him, and to express your dispositions to inst.i.tute a settlement at this place. Always a.s.sured of the justice and honor of the court of Denmark, and encouraged by the particular readiness of your Excellency to settle and remove this difficulty from between the two nations, I take the liberty of recalling your attention to it. The place of negotiation proposed by your Excellency, meets no objection from us, and it removes, at the same time, that which the want of full powers in Admiral Paul Jones had produced in your mind. These full powers Congress have been pleased to honor me with. The arrangement taken between the person to be charged with your full powers and myself, will be final and conclusive. You are pleased to express a willingness to treat at the same time on the subjects of amity and commerce. The powers formerly communicated on our part, were given to Mr. Adams, Doctor Franklin, and myself, for a limited term only. That term has expired, and the other two gentlemen returned to America; so that no person is commissioned at this moment to renew those conferences. I may safely, however, a.s.sure your Excellency, that the same friendly dispositions still continue, and the same desire of facilitating and encouraging a commerce between the two nations, which produced the former appointment. But our nation is, at this time, proposing a change in the organization of its government.

For this change to be agreed to by all the members of the Union, the new administration chosen and brought into activity, their domestic matters arranged, which will require their first attention, their foreign system afterwards decided on and carried into full execution, will require very considerable length of time. To place under the same delay the private claims which I have the honor to present to your Excellency, would be hard on the persons interested: because these claims have no connection with the system of commercial connection, which may be established between the two nations, nor with the particular form of our administration. The justice due to them is complete, and the present administration as competent to final settlement as any future one will be, should a future change take place. These individuals have already lingered nine years in expectation of their hard and perilous earnings.

Time lessens their numbers continually, disperses their representatives, weakens the evidence of their right, and renders more and more impracticable his Majesty's dispositions to repair the private injury, to which public circ.u.mstances constrained him. These considerations, the just and honorable intentions of your Excellency, and the a.s.surances you give us in your letter, that no delay is wished on your part, give me strong hopes that we may speedily obtain that final arrangement, which express instructions render it my duty to urge. I have the honor, therefore, of agreeing with your Excellency, that the settlement of this matter, formerly begun at Paris, shall be continued there; and to ask that you will be pleased to give powers and instructions for this purpose to such persons as you shall think proper, and in such full form as may prevent those delays, to which the distance between Copenhagen and Paris might otherwise expose us.

I have the honor to be, with sentiments of the most profound respect, your Excellency's most obedient and most humble servant,

Th: Jefferson.

LETTER CXLIII.--TO THE COUNT DE MONTMORIN, June 20, 1788

TO THE COUNT DE MONTMORIN.

Paris, June 20, 1788.

Sir,

Having had the honor of mentioning to your Excellency the wish of Congress, that certain changes should be made in the articles for a consular convention, which had been sent to them, I have now that, conformably to the desire you expressed, of giving a general idea of the alterations to be proposed.

The fourth article gives to the consuls the immunities of the law of nations. It has been understood, however, that the laws of France do not admit of this; and that it might be desirable to expunge this article.

In this we are ready to concur, as in every other case, where an article might call for changes in the established laws, either inconvenient or disagreeable.

After establis.h.i.+ng in favor of consuls, the general immunities of the law of nations, one consequence of which would have been, that they could not have been called upon to give testimony in courts of justice, the fifth article requires, that after the observance of certain formalities, which imply very high respect, they shall make a declaration; but _in their own houses_ [_chez eux_] as may be pretended, if not justly inferred, from the expressions in the article. But our laws require, indispensably, a personal examination of witnesses in the presence of the parties, of their counsel, the jury, and judges, each of whom has a right to ask of them all questions pertinent to the fact.

The first and highest officers of our government are obliged to appear personally to the order of a court, to give evidence. The court takes care that they are treated with respect. It is proposed, therefore, to omit this article for these particular reasons, as well as for the general one, that the fourth being expunged, this, which was but an exception to that, falls of course.

The seventh, eighth, tenth, and fourteenth articles extend their pre-eminences far beyond those, which the laws of nations would have given. These articles require that the declarations made in the presence of consuls, and certified by them, shall be received in evidence in all courts whatever: and, in some instances, give to their certificates a credibility which excludes all other testimony. The cases are rare, in which our laws admit written evidence of facts; and such evidence, when admitted, must have been given in the presence of both parties, and must contain the answers to all the pertinent questions, which they may have desired to ask of the witness: and to no evidence, of whatever nature, written or oral, do our laws give so high credit, as to exclude all counter-proof. These principles are of such ancient foundation in our system of jurisprudence, and are so much valued and venerated by our citizens, that perhaps it would be impossible to execute articles, which should contravene them, nor is it imagined that these stipulations can be so interesting to this country, as to balance the inconvenience and hazard of such an innovation with us. Perhaps it might be found, that the laws of both countries require a modification of this article; as it is inconceivable that the certificate of an American consul in France could be permitted by one of its courts to establish a fact, the falsehood of which should be notorious to the court itself.

The eighth article gives to the consuls of either nation a jurisdiction, in certain cases, over foreigners of any other. On a dispute arising in France, between an American and a Spaniard or an Englishman, it would not be fair to abandon the Spaniard or Englishman to an American consul.

On the contrary, the territorial judge, as neutral, would seem to be the most impartial. Probably, therefore, it will be thought convenient for both parties, to correct this stipulation.