Memoir, Correspondence, And Miscellanies, From The Papers Of Thomas Jefferson
Chapter 31 : [* The remainder of this letter is in cipher, to which there is no key in the Editor�

[* The remainder of this letter is in cipher, to which there is no key in the Editor's possession.]

Yours affectionately,

Th: Jefferson

LETTER LXIX.--TO MRS. SPROWLE, July 5,1785

TO MRS. SPROWLE.

Paris, July 5,1785.

Madam,

Your letter of the 21st of June, has come safely to hand. That which you had done me the honor of writing before, has not yet been received. It having gone by Dr. Witherspoon to America, which I had left before his return to it, the delay is easily accounted for.

I wish you may be rightly informed that the property of Mr. Sprowle is yet unsold. It was advertised so long ago, as to found a presumption that the sale has taken place. In any event, you may safely go to Virginia. It is in the London newspapers only, that exist those mobs and riots, which are fabricated to deter strangers from going to America.

Your person will be sacredly safe, and free from insult. You can best judge from the character and qualities of your son, whether he may be an useful co-adjutor to you there. I suppose him to have taken side with the British, before our Declaration of Independence; and, if this was the case, I respect the candor of the measure, though I do not its wisdom. A right to take the side which every man's conscience approves in a civil contest, is too precious a right, and too favorable to the preservation of liberty, not to be protected by all its well informed friends. The a.s.sembly of Virginia have given sanction to this right in several of their laws, discriminating honorably those who took side against us before the Declaration of Independence, from those who remained among us, and strove to injure us by their treacheries.

I sincerely wish that you, and every other to whom this distinction applies favorably, may find, in the a.s.sembly of Virginia, the good effects of that justice and generosity, which have dictated to them this discrimination. It is a sentiment which will gain strength in their b.r.e.a.s.t.s, in proportion as they can forget the savage cruelties committed on them, and will, I hope, in the end, reduce them to restore the property itself, wherever it is unsold, and the price received for it, where it has been actually sold.

I am, Madam,

your very humble servant,

Th: Jefferson.

LETTER LXX.--TO JOHN ADAMS, July 7, 1785

TO JOHN ADAMS.

Paris, July 7, 1785.

Dear Sir,

This will accompany a joint letter enclosing the draft of a treaty? and my private letter of June 23rd, which has waited so long for a private conveyance. We daily expect from the Baron Thulemeyer the French column for our treaty with his sovereign. In the mean while, two copies are preparing with the English column, which Dr. Franklin wishes to sign before his departure, which will be within four or five days. The French, when received, will be inserted in the blank columns of each copy. As the measure of signing at separate times and places is new, we think it necessary to omit no other circ.u.mstance of ceremony which can be observed. That of sending it by a person of confidence, and invested with a character relative to the object, who shall attest our signature, yours in London, and Baron Thulemeyer's at the Hague, and who shall make the actual exchanges, we think will contribute to supply the departure from the original form, in other instances. For this reason, we have agreed to send Mr. Short on this business, to make him a secretary _pro hac vice_, and to join Mr. Dumas for the operations of exchange, &c. As Dr. Franklin will have left us before Mr. Short's mission will commence, and I have never been concerned in the ceremonials of a treaty, I will thank you for your immediate information as to the papers he should be furnished with from hence. He will repair first to you in London, thence to the Hague, and then return to Paris.

What has become of Mr. Lambe? Supposing he was to call on the commissioners for instructions, and thinking it best these should be in readiness, Dr. Franklin undertook to consult well the Barbary treaties with other nations, and to prepare a sketch which we should have sent for your correction. He tells me he has consulted those treaties, and made references to the articles proper for us, which, however, he will not have time to put into form, but will leave them with me to reduce.

As soon as I see them, you shall hear from me. A late conversation with an English gentleman here, makes me believe, what I did not believe before; that his nation thinks seriously that Congress have no power to form a treaty of commerce. As the explanations of this matter, which you and I may separately give, may be handed to their minister, it would be well that they should agree. For this reason, as well as for the hope of your showing me wherein I am wrong, and confirming me where I am right, I will give you my creed on the subject. It is contained in these four principles. By the Confederation, Congress have no power given them, in the first instance, over the commerce of the States. But they have a power given them of entering into treaties of commerce, and these treaties may cover the whole field of commerce, with two restrictions only. 1. That the States may impose equal duties on foreigners as natives: and 2. That they may prohibit the exportation or importation of any species of goods whatsoever. When they shall have entered into such treaty, the superintendence of it results to them; all the operations of commerce, which are protected by its stipulations, come under their jurisdiction, and the power of the States to thwart them by their separate acts, ceases. If Great Britain asks, then, why she should enter into treaty with us? why not carry on her commerce without treaty? I answer; because till a treaty is made, no consul of hers can be received (his functions being called into existence by a convention only, and the States having abandoned the right of separate agreements and treaties); no protection to her commerce can be given by Congress; no cover to it from those checks and discouragements, with which the States will oppress it, acting separately, and by fits and starts. That they will act so till a treaty is made, Great Britain has had several proofs; and I am convinced those proofs will become general. It is then to put her commerce with us on systematical ground, and under safe cover, that it behoves Great Britain to enter into treaty. And I own to you, that my wish to enter into treaties with the other powers of Europe, arises more from a desire of bringing all our commerce under the jurisdiction of Congress, than from any other views. Because, according to my idea, the commerce of the United States with those countries not under treaty with us, is under the jurisdiction of each State separately; but that of the countries which have treated with us, is under the jurisdiction of Congress, with the two fundamental restraints only, which I have before noted.

I shall be happy to receive your corrections of these ideas, as I have found, in the course of our joint services, that I think right when I think with you.

I am, with sincere affection, Dear Sir,

your friend and servant,

Th: Jefferson.

P.S. Monsieur Houdon has agreed to go to America to take the figure of General Was.h.i.+ngton. In the case of his death, between his departure from Paris and his return to it, we may lose twenty thousand livres. I ask the favor of you to inquire what it will cost to ensure that sum on his life, in London, and to give me as early an answer as possible, that I may order the ensurance, if I think the terms easy enough. He is, I believe, between thirty and thirty-five years of age, healthy enough, and will be absent about six months. T.J.

LETTER LXXI.--TO GENERAL WAs.h.i.+NGTON, July 10, 1785

TO GENERAL WAs.h.i.+NGTON.

Paris, July 10, 1785.

Dear Sir,

Mr. Houdon would much sooner have had the honor of attending you, but for a spell of sickness, which long induced us to despair of his recovery, and from which he is but recently recovered. He comes now, for the purpose of lending the aid of his art to transmit you to posterity.

He is without rivals.h.i.+p in it, being employed from all parts of Europe in whatever is capital. He has had a difficulty to withdraw himself from an order of the Empress of Russia; a difficulty, however, that arose from a desire to show her respect, but which never gave him a moment's hesitation about his present voyage, which he considers as promising the brightest chapter of his history. I have spoken of him as an artist only; but I can a.s.sure you also, that, as a man, he is disinterested, generous, candid, and panting after glory: in every circ.u.mstance meriting your good opinion. He will have need to see you much while he shall have the honor of being with you; which you can the more freely admit, as his eminence and merit give him admission into genteel societies here. He will need an interpreter. I suppose you could procure some person from Alexandria, who might be agreeable to yourself, to perform this office. He brings with him one or two subordinate workmen, who of course will a.s.sociate with their own cla.s.s only.

On receiving the favor of your letter of February the 25th, I communicated the plan for clearing the Potomac, with the act of a.s.sembly, and an explanation of its probable advantages, to Mr. Grand, whose acquaintance and connection with the monied men here, enabled him best to try its success. He has done so; but to no end. I enclose you his letter. I am pleased to hear in the mean time, that the subscriptions are likely to be filled up at home. This is infinitely better, and will render the proceedings of the company much more harmonious. I place an immense importance to my own country, on this channel of connection with the new western States. I shall continue uneasy till I know that Virginia has a.s.sumed her ultimate boundary to the westward. The late example of the State of Franklin separating from North Carolina, increases my anxieties for Virginia.

The confidence you are so good as to place in me, on the subject of the interest lately given you by Virginia in the Potomac company, is very flattering to me. But it is distressing also, inasmuch as, to deserve it, it obliges me to give my whole opinion. My wishes to see you made perfectly easy, by receiving, those just returns of grat.i.tude from our country to which you are ent.i.tled, would induce me to be contented with saying, what is a certain truth, that the world would be pleased with seeing them heaped on you, and would consider your receiving them as no derogation from your reputation. But I must own that the declining them will add to that reputation, as it will show that your motives have been pure and without any alloy. This testimony, however, is not wanting either to those who know you, or who do not. I must therefore repeat, that I think the receiving them will not, in the least, lessen the respect of the world, if from any circ.u.mstances they would be convenient to you. The candor of my communication will find its justification, I know, with you.

A tolerable certainty of peace leaves little interesting in the way of intelligence. Holland and the emperor will be quiet. If any thing is brewing, it is between the latter and the Porte. Nothing in prospect as yet from England. We shall bring them, however, to a decision, now that Mr. Adams is received there. I wish much to hear that the ca.n.a.l through the Dismal Swamp is resumed.

I have the honor to be, with the highest respect and esteem,

Dear Sir, your most obedient

and most humble servant,

Th: Jefferson.

LETTER LXXII.--TO THE GOVERNOR OF VIRGINIA, July 11, 1785

TO THE GOVERNOR OF VIRGINIA.

Paris, July 11, 1785.

Sir,

Mr. Houdon's long and desperate illness has r.e.t.a.r.ded, till now, his departure for Virginia. We had hoped, from our first conversations with him, that it would be easy to make our terms, and that the cost of the statue and expense of sending him, would be but about a thousand guineas. But when we came to settle this precisely, he thought himself obliged to ask vastly more insomuch, that, at one moment, we thought our treaty at an end. But unwilling to commit such a work to an inferior hand, we made nim an ultimate proposition on our part. He was as much mortified at the prospect of not being the executor of such a work, as we were, not to have it done by such a hand. He therefore acceded to our terms; though we are satisfied he will be a considerable loser. We were led to insist on them, because, in a former letter to the Governor, I had given the hope we entertained of bringing the whole within one thousand guineas. The terms are twenty-five thousand livres, or one thousand English guineas (the English guinea being worth twenty-five livres) for the statue and pedestal. Besides this, we pay his expenses going and returning, which we expect will be between four and five thousand livres: and if he dies on the voyage, we pay his family ten thousand livres. This latter proposition was disagreeable to us; but he has a father, mother, and sisters, who have no resource but in his labor: and he is himself one of the best men in the world. He therefore made it a _sine qua non_, without which all would have been off. We have reconciled it to ourselves, by determining to get insurance on his life made in London, which we expect can be done for five per cent.; so that it becomes an additional sum of five hundred livres. I have written to Mr. Adams to know, for what per cent, the insurance can be had. I enclose you, for a more particular detail, a copy of the agreement.