Chapter XXV: Part II: Continued (24)

DEAR SIR,--I was favored with your letter of October 26th, and far from finding any of its subjects uninteresting as you apprehend, they were to me, as everything which comes from you, pleasing and instructive. I concur with you strictly in your opinion of the comparative merits of atheism and demonism, and really see nothing but the latter in the being worshipped by many who think themselves Christians. Your opinions and writings will have effect in bringing others to reason on this subject. Our new Constitution, of which you speak also, has succeeded beyond what I apprehended it would have done. I did not at first believe that eleven States out of thirteen would have consented to a plan consolidating them as much into one. A change in their dispositions, which had taken place since I left them, had rendered this consolidation necessary, that is to say, had called for a federal government which could walk upon its own legs, without leaning for support on the State legislatures. A sense of necessity, and a submission to it, is to me a new and consolatory proof that, whenever the people are well-informed, they can be trusted with their own government; that, whenever things get so far wrong as to attract their notice, they may be relied on to set them to rights. You say you are not sufficiently informed about the nature and circumstances of the present struggle here. Having been on the spot from its first origin, and watched its movements as an uninterested spectator, with no other bias than a love of mankind, I will give you my ideas of it. Though celebrated writers of this and other countries had already sketched good principles on the subject of government, yet the American war seems first to have awakened the thinking part of this nation in general from the sleep of despotism in which they were sunk. The officers too who had been to America, were mostly young men, less shackled by habit and prejudice, and more ready to assent to the dictates of common sense and common right. They came back impressed with these. The press, notwithstanding its shackles, began to disseminate them; conversation, too, assumed new freedom; politics became the theme of all societies, male and female, and a very extensive and zealous party was formed, which may be called the Patriotic party, who, sensible of the abusive government under which they lived, longed for occasions of reforming it. This party comprehended all the honesty of the kingdom, sufficiently at its leisure to think; the men of letters, the easy bourgeois, the young nobility, partly from re-reflection, partly from mode; for those sentiments became a matter of mode, and as such united most of the young women to the party. Happily for the nation, it happened that, at the same moment, the dissipations of the court had exhausted the money and credit of the State, and M. de Calonnes found himself obliged to appeal to the nation, and to develop to it the ruin of their finances. He had no idea of supplying the deficit by economies, he saw no means but new taxes. To tempt the nation to consent to these some douceurs were necessary. The Notables were called in 1787. The leading vices of the constitution and administration were ably sketched out, good remedies proposed, and under the splendor of the propositions, a demand for more money was couched. The Notables concurred with the minister in the necessity of reformation, adroitly avoided the demand of money, got him displaced, and one of their leading men placed in his room. The archbishop of Thoulouse, by the aid of the hopes formed of him, was able to borrow some money, and he reformed considerably the expenses of the court. Notwithstanding the prejudices since formed against him, he appeared to me to pursue the reformation of the laws and constitution as steadily as a man could do who had to drag the court after him, and even to conceal from them the consequences of the measures he was leading them into. In his time the criminal laws were reformed, provincial assemblies and States established in most of the provinces, the States General promised, and a solemn acknowledgment made by the King that he could not impose a new tax without the consent of the nation. It is true he was continually goaded forward by the public clamors, excited by the writings and workings of the Patriots, who were able to keep up the public fermentation at the exact point which borders on resistance, without entering on it. They had taken into their alliance the Parliaments also, who were led, by very singular circumstances, to espouse, for the first time, the rights of the nation. They had from old causes had personal hostility against M. de Calonnes. They refused to register his laws or his taxes, and went so far as to acknowledge they had no power to do it. They persisted in this with his successor, who therefore exiled them. Seeing that the nation did not interest themselves much for their recall, they began to fear that the new judicatures proposed in their place would be established and that their own suppression would be perpetual. In short, they found their own strength insufficient to oppose that of the King. They therefore insisted that the States General should be called. Here they became united with and supported by the Patriots, and their joint influence was sufficient to produce the promise of that assembly. I always suspected that the archbishops had no objections to this force under which they laid him. But the Patriots and Parliament insisted it was their efforts which extorted the promise against his will. The re-establishment of the Parliament was the effect of the same coalition between the Patriots and Parliament; but, once re-established, the latter began to see danger in that very power, the States General, which they had called for in a moment of despair, but which they now foresaw might very possibly abridge their powers. They began to prepare grounds for questioning their legality, as a rod over the head of the States, and as a refuge if they should really extend their reformations to them. Mr. Neckar came in at this period and very dexterously disembarrassed the administration of these disputes by calling the notables to advise the form of calling and constituting the States. The court was well disposed towards the people, not from principles of justice or love to them; but they want money. No more can be had from the people. They are squeezed to the last drop. The clergy and nobles, by their privileges and influence, have kept their property in a great measure untaxed hitherto. They then remain to be squeezed, and no agent is powerful enough for this but the people. The court therefore must ally itself with the people. But the Notables, consisting mostly of privileged characters, had proposed a method of composing the States, which would have rendered the voice of the people, or Tiers Etats, in the States General, inefficient for the purpose of the court. It concurred then with the Patriots in intriguing with the Parliament to get them to pass a vote in favor of the rights of the people. This vote, balancing that of the Notables, has placed the court at liberty to follow its own views, and they have determined that the Tiers Etat shall have in the States General as many votes as the clergy and nobles put together. Still a great question remains to be decided, that is, shall the States General vote by orders, or by persons? precedents are both ways. The clergy will move heaven and earth to obtain the suffrage by orders, because that parries the effect of all hitherto done for the people. The people will probably send their deputies expressly instructed to consent to no tax, to no adoption of the public debts, unless the unprivileged part of the nation has a voice equal to that of the privileged; that is to say, unless the voice of the Tiers Etat be equalled to that of the clergy and nobles. They will have the young noblesse in general on their side, and the King and court. Against them will be the ancient nobles and the clergy. So that I hope, upon the whole, that by the time they meet, there will be a majority of the nobles themselves in favor of the Tiers Etat. So far history. We are now to come to prophecy; for you will ask, to what will all this lead? I answer, if the States General do not stumble at the threshold on the question before stated, and which must be decided before they can proceed to business, then they will in their first session easily obtain, 1. Their future periodical convocation of the States. 2. Their exclusive right to raise and appropriate money which includes that of establishing a civil list. 3. A participation in legislation; probably at first, it will only be a transfer to them of the portion of it now exercised by parliament, that is to say, a right to propose amendments and a negative. But it must infallibly end in a right of origination. 4. Perhaps they may make a declaration of rights. It will be attempted at least. Two other objects will be attempted, viz., a habeas corpus law and a free press. But probably they may not obtain these in the first session, or with modifications only, and the nation must be left to ripen itself more for their unlimited adoption. Upon the whole, it has appeared to me that the basis of the present struggle is an illumination of the public mind as to the rights of the nation, aided by fortunate incidents; that they can never retrograde, but from the natural progress of things, must press forward to the establishment of a constitution which shall assure to them a good degree of liberty. They flatter themselves they shall form a better constitution than the English. I think it will be better in some points--worse in others. It will be better in the article of representation, which will be more equal. It will be worse, as their situation obliges them to keep up the dangerous machine of a standing army. I doubt, too, whether they will obtain the trial by jury, because they are not sensible of its value.

I am sure I have by this time heartily tired you with this long epistle, and that you will be glad to see it brought to an end, with assurances of the sentiments of esteem and respect with which I have the honor to be, dear Sir, your most obedient, and most humble servant.

TO JOHN JAY.

PARIS, January 11, 1789.

SIR,--My last letters were of the 14th, 19th and 29th of November, by the way of London. The present will go the same way, through a private channel.

All military operations in Europe seem to have been stopped, by the excessive severity of the weather. In this country, it is unparalleled in so early a part of the winter, and in duration, having continued since the middle of November, during which time, it has been as low as nine degrees below nought, that is to say, forty degrees below freezing, by Fahrenheit's thermometer; and it has increased the difficulties of the administration here. They had, before, to struggle with the want of money, and want of bread for the people, and now, the want of fuel for them, and want of employment. The siege of Oczakow is still continued, the soldiers sheltering themselves in the Russian manner, in subterraneous barracks; and the Captain Pacha has retired with his fleet. The death of the King of Spain has contributed, with the insanity of the English King, to render problematical, the form which the affairs of Europe will ultimately take. Some think a peace possible between the Turks and the two Empires, with the cession of Crimea to the former, as less important to Russia than Poland, which she is in danger of losing. In this case, the two Empires might attack the King of Prussia, and the scene of war be only changed. He is certainly uneasy at the accident happened to his principal ally. There seems no doubt, but that the Prince of Wales will be sole regent; but it is also supposed, they will not give him the whole executive power, and particularly, that of declaring war without the consent of the parliament. Should his personal dispositions, therefore, and that of a new ministry, be the same which the King had, of co-operating with Prussia, yet the latter cannot count on their effect. Probably, the parliament will not consent to war, so that I think we may consider the two great powers of France and England as absolutely at rest for some time.

As the character of the Prince of Wales is becoming interesting, I have endeavored to learn what it truly is. This is less difficult in his case, than in that of other persons of his rank, because he has taken no pains to hide himself from the world. The information I most rely on, is from a person here with whom I am intimate, who divides his time between Paris and London, an Englishman by birth, of truth, sagacity and science. He is of a circle, when in London, which has had good opportunities of knowing the Prince; but he has also, himself, had special occasions of verifying their information, by his own personal observation. He happened, when last in London, to be invited to a dinner of three persons. The Prince came by chance, and made the fourth. He ate half a leg of mutton; did not taste of small dishes, because small; drank Champagne and Burgundy, as small beer during dinner, and Bourdeaux after dinner, as the rest of the company. Upon the whole, he ate as much as the other three, and drank about two bottles of wine without seeming to feel it. My informant sat next him, and being till then unknown to the Prince, personally, (though not by character,) and lately from France, the Prince confined his conversation almost entirely to him. Observing to the Prince that he spoke French without the least foreign accent, the Prince told him, that when very young, his father had put only French servants about him, and that it was to that circumstance he owed his pronunciation. He led him from this to give an account of his education, the total of which was the learning a little Latin. He has not a single element of Mathematics, of Natural or Moral Philosophy, or of any other science on earth, nor has the society he has kept been such as to supply the void of education. It has been that of the lowest, the most illiterate and profligate persons of the kingdom, without choice of rank or mind, and with whom the subjects of conversation are only horses, drinking-matches, bawdy houses, and in terms the most vulgar. The young nobility, who begin by associating with him, soon leave him, disgusted with the insupportable profligacy of his society; and Mr. Fox, who has been supposed his favorite, and not over-nice in the choice of company, would never keep his company habitually. In fact, he never associated with a man of sense. He has not a single idea of justice, morality, religion, or of the rights of men, or any anxiety for the opinion of the world. He carries that indifference for fame so far, that he would probably not be hurt were he to lose his throne, provided he could be assured of having always meat, drink, horses, and women. In the article of women, nevertheless, he is become more correct, since his connection with Mrs. Fitzherbert, who is an honest and worthy woman: he is even less crapulous than he was. He had a fine person, but it is becoming coarse. He possesses good native common sense; is affable, polite, and very good humored. Saying to my informant, on another occasion, "your friend, such a one, dined with me yesterday, and I made him damned drunk;" he replied, "I am sorry for it; I had heard that your royal highness had left off drinking:" the Prince laughed, tapped him on the shoulder very good naturedly, without saying a word, or ever after showing any displeasure. The Duke of York, who was for some time cried up as the prodigy of the family, is as profligate, and of less understanding. To these particular traits, from a man of sense and truth, it would be superfluous to add the general terms of praise or blame, in which he is spoken of by other persons, in whose impartiality and penetration I have less confidence. A sample is better than a description. For the peace of Europe, it is best that the King should give such gleamings of recovery, as would prevent the regent or his ministry from thinking themselves firm, and yet, that he should not recover.

This country advances with a steady pace towards the establishment of a constitution, whereby the people will resume the great mass of those powers, so fatally lodged in the hands of the King. During the session of the Notables, and after their votes against the rights of the people, the parliament of Paris took up the subject, and passed a vote in opposition to theirs (which I send you). This was not their genuine sentiment; it was a manœuvre of the young members, who are truly well disposed, taking advantage of the accidental absence of many old members, and bringing others over by the clause, which, while it admits the negative of the States General in legislation, reserves still to the parliament the right of enregistering, that is to say, another negative. The Notables persevered in their opinion. The Princes of the blood, (Monsieur and the Duke d'Orleans excepted,) presented and published a memoir, threatening a scission. The parliament were proposing to approve of that memoir, (by way of rescinding their former vote,) and were prevented from it by the threat of a young member to impeach (_denoncer_) the memoir and the Princes who signed it. The vote of the Notables, therefore, remaining balanced by that of the Parliament, the voice of the nation becoming loud and general for the rights of the Tiers Etat, a strong probability that if they were not allowed one half the representation, they would send up their members with express instructions to agree to no tax and to no adoption of the public debts, and the court really wishing to give them a moiety of the representation, this was decided on ultimately. You are not to suppose that these dispositions of the court proceed from any love of the people, or justice towards their rights. Courts love the people always, as wolves do the sheep. The fact is this. The court wants money. From the Tiers Etat they cannot get it, because they are already squeezed to the last drop. The clergy and the nobles, by their privileges and their influence, have hitherto screened their property in a great degree, from public contribution. That half of the orange then, remains yet to be squeezed, and for this operation there is no agent powerful enough, but the people. They are, therefore, brought forward as the favorites of the court, and will be supported by them. The moment of crisis will be the meeting of the States; because their first act will be, to decide whether they shall vote by persons or by orders. The clergy will leave nothing unattempted to obtain the latter; for they see that the spirit of reformation will not confine itself to the political, but will extend to the ecclesiastical establishment also. With respect to the nobles, the younger members are generally for the people, and the middle aged are daily coming over to the same side; so that by the time the States meet, we may hope there will be a majority of that body also in favor of the people, and consequently for voting by persons, and not by orders.

You will perceive, by the report of Mr. Neckar, (in the gazette of France,) 1, a renewal of the renunciation of the power of imposing a new tax by the King, and a like renunciation of the power of continuing any old one; 2, an acknowledgment that the States are to appropriate the public moneys, which will go to the binding the court to a civil list; 3, a consent to the periodical meeting of the States; 4, to consider of the restrictions of which _lettres de cachet_ are susceptible; 5, the degree of liberty to be given to the press; 6, a bill of rights; and 7, there is a passage which looks towards the responsibility of ministers. Nothing is said of communicating to them a share in the legislation. The ministry, perhaps, may be unwilling to part with this, but it will be insisted on in the States. The letters of convocation will not appear till towards the latter end of the month: neither time nor place are yet declared, but Versailles is talked of, and we may well presume that some time in April will be fixed on. In the meantime, Mr. Neckar gets money to keep the machine in motion. Their funds rose slowly, but steadily, till within these few days, when there was a small check. However, they stand very well, and will rise. The _caisse d'escompte_ lent the government twenty-five millions, two days ago. The navy of this country sustained a heavy loss lately, by the death of the Bailli de Suffrein. He was appointed Generalissimo of the Atlantic, when war was hourly expected with England, and is certainly the officer on whom the nation would have reposed its principal hopes, in such a case. We just now hear of the death of the Speaker of the House of Commons, before the nomination of a regent, which adds a new embarrassment to the re-establishment of government in England.

Since writing mine of November the 29th, yours of the 23d of September has come to hand. As the General of the Mathurins was to be employed in the final redemption of our captives, I thought that their previous support had better be put into his hands, and conducted by himself in such a way as not to counterwork his plan of redemption, whenever we can enable him to begin on it. I gave him full powers as to the amount and manner of subsisting them. He has undertaken it, informing me, at the same time, that it will be on a very low scale, to avoid suspicion of its coming from the public. He spoke of but three sous a day per man, as being sufficient for their physical necessaries, more than which, he thinks it not advisable to give. I have no definitive answer yet from our bankers, whether we may count on the whole million last agreed to be borrowed, but I have no doubt of it, from other information, though I have not their formal affirmative. The gazettes of Leyden and France to this date, accompany this. I have the honor to be, with sentiments of the most perfect esteem and respect, Sir, your most obedient, and most humble servant.

TO JAMES MADISON.

PARIS, January 12, 1789.

DEAR SIR,--My last to you was of the 18th of November; since which, I have received yours of the 21st of September and October the 8th, with the pamphlet on the Mohicon language, for which, receive my thanks. I endeavor to collect all the vocabularies I can, of the American Indians, as of those of Asia, persuaded, that if they ever had a common parentage, it will appear in their languages.

I was pleased to see the vote of Congress, of September the 16th, on the subject of the Mississippi, as I had before seen, with great uneasiness, the pursuits of other principles, which I could never reconcile to my own ideas of probity or wisdom, and from which, and my knowledge of the character of our western settlers, I saw that the loss of that country was a necessary consequence. I wish this return to true policy, may be in time to prevent evil. There has been a little foundation for the reports and fears relative to the Marquis de La Fayette. He has, from the beginning, taken openly part with those who demand a constitution; and there was a moment that we apprehended the Bastile; but they ventured on nothing more, than to take from him a temporary service, on which he had been ordered; and this, more to save appearances for their own authority, than anything else; for at the very time they pretended that they had put him into disgrace, they were constantly conferring and communicating with him. Since this, he has stood on safe ground, and is viewed as among the foremost of the patriots. Everybody here is trying their hand at forming declarations of rights. As something of that kind is going on with you also, I send you two specimens from hence. The one is by our friend of whom I have just spoken. You will see that it contains the essential principles of ours, accommodated as much as could be, to the actual state of things here. The other is from a very sensible man, a pure theorist, of the sect called the economists, of which Turgot was considered as the head. The former is adapted to the existing abuses, the latter goes to those possible, as well as to those existing.

With respect to Dr. Spence, supposed to have been taken by the Algerines, I think the report extremely improbable. O'Bryan, one of our captives there, has constantly written to me, and given me information on every subject he thought interesting. He could not have failed to know if such a capture had been made, though before his time, nor to inform me of it. I am under perpetual anxiety for our captives there. The money, indeed, is not yet ready at Amsterdam; but when it shall be, there are no orders from the board of treasury to the bankers, to furnish what may be necessary for the redemption of the captives; and it is so long since Congress approved the loan, that the orders of the treasury for the application of the money would have come, if they had intended to send any. I wrote to them early on the subject, and pointedly. I mentioned it to Mr. Jay also, merely that he might suggest it to them. The payments to the foreign officers, will await the same formality.

I thank you for your attention to the case of Mrs. Burke. We have no news of Dr. Franklin since July last, when he was very ill. Though the silence of our letters on that subject is a proof that he is well, yet there is an anxiety here among his friends. We have lately had three books published, which are of great merit, in different lines. The one is in seven volumes, octavo, by an Abbé Barthelemy, wherein he has collected every subject of Grecian literature, after a labor of thirty years. It is called "_Les voyages d'Anacharsis_." I have taken a copy for you, because the whole impression was likely to be run off at once. The second is a work on government, by the Marquis de Condorcet, two volumes, octavo. I shall secure you a copy. The third are the works of the King of Prussia, in sixteen volumes, octavo. These were a little garbled at Berlin, before printed. The government lays its hands on all which come here, and change some leaves. There is a genuine edition published at Balse, where even the garblings of Berlin are re-established. I doubt the possibility of getting a copy, so vigilant is the government as to this work. I shall obtain you one, if it be possible. As I write all the public news to Mr. Jay, I will not repeat it to you. I have just received the Flora Caroliniana of Walter, a very learned and good work. I am, with very sincere esteem and respect, dear Sir, your friend and servant.

TO JOHN JAY.

PARIS, January 14, 1789.

SIR,--In my letter of the 11th, I have said nothing of the _Arret_ explanatory of that of September the 28th, on the subject of whale oils, which my letter of November the 19th gave you reason to expect. Though this explanatory _Arret_ has been passed so long ago as the 7th of December, it has not been possible for me to obtain an authentic copy of it, till last night. I now enclose that to you, with a copy of a letter to me from Mr. Neckar, on the subject. The reception of our oils, in the meantime, is provided for by an intermediate order. You will observe, that in the _Arret_ it is said to be passed "provisoirement," and that Mr. Neckar expressly holds up to us in his letter, a repeal, whenever the national fishery supplies their wants. The _Arret_, however, is not limited in its duration, and we have several chances against its repeal. It may be questioned, whether Mr. Neckar thinks the fishery worth the expense. It may be well questioned, whether, either with or without encouragement, the nation whose navigation is the least economical of all in Europe, can ever succeed in the whale fishery, which calls for the most rigorous economy. It is hoped that a share in the legislation will pass immediately into the hands of the States General, so as to be no longer in the power of the _commis_ of a bureau, or even of his minister to smuggle a law through, unquestioned; and we may even hope that the national demand for this oil will increase faster than both their and our fisheries together will supply. But in spite of all these hopes, if the English should find means to cover their oils under our name, there will be great danger of a repeal. It is essential, then, that our government take effectual measures to prevent the English from obtaining genuine sea papers, that they enable their consuls in the ports of France (as soon as they shall be named) to detect counterfeit papers, and that we convince this government that we use our best endeavors with good faith, as it is clearly our interest to do; for the rivalship of the English, is the only one we have to fear. It had already begun to render our oils invendible in the ports of France. You will observe that Mr. Neckar renews the promise of taking off the ten sous _pour_ livre, at the end of the next year.

Oczakow is at length taken by assault. The assailants were fourteen thousand, and the garrison twelve thousand, of whom seven thousand were cut to pieces before they surrendered. The Russians lost three thousand men. This is the Russian version, of which it is safe to believe no part, but that Oczakow is taken. The speaker of the English House of Commons, having died suddenly, they have chosen Mr. Grenville, a young man of twenty-seven years of age. This proves that Mr. Pitt is firm with the present parliament.

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. ADAMS.

PARIS, January 14, 1789.

DEAR SIR,--I now do myself the pleasure to enclose to you a copy of the _Arret_ explanatory of that of September 28th, on the subject of our whale oils. Mr. Neckar in a letter to me has reserved the promise of taking off the ten sous per livre at the end of the next year. But, at the same time, he observes that whenever the national fishery shall be able to supply their demand for whale oil, we must expect a repeal of this _Arret_, which therefore expresses itself to be _provisory_. However, their navigation being the most expensive in Europe, they are the least likely to succeed in a whale fishery, without encouragements more extravagant than even those they now give; and it remains to be seen whether Mr. Neckar will continue to give even the present. I am informed there will be fewer French adventurers the next year than there has been this; so that if there be an apparent increase of their fishery, it will be by drawing over more of our fishermen. It is probable the States General will obtain a participation in the legislation, which will render their laws more stable, and more to be relied on. Mr. Neckar has also promised that if the present _Arret_ should at any time be repealed, there shall be a sufficient space of time allowed for the reception of the oils which shall have been previously embarked. But our principal, if not our only danger, of a repeal being brought on, will come from the endeavors of the English to introduce their oils under color of ours, perhaps even with the assistance of our own merchants. Some effectual means must be adopted to prevent them from getting our real ship papers, and our Consuls in the ports of France must be enabled to detect forged papers; and we must moreover convince this government that we use our utmost endeavors, and with good faith, to prevent the entry of English oils under the license given to us. I would advise our shippers of oil always to get the certificate of the French consul in their State, if it be practicable, because those will admit of the least doubt here. When this cannot be had, they may have recourse to the magistrates of the country, and in this case there should be a certificate under the seal of the State, that the magistrate who has certified their oil to be the produce of the American fishery, is a magistrate duly appointed and qualified by law, all the States for the Governors' signature to accompany the great seal. Oczakow is at length taken. The Russians say they gave the assault with fourteen thousand men, against twelve thousand within the walls, that seven thousand of these suffered themselves to be cut to pieces before they surrendered, and that themselves lost three thousand. The only circumstance to be believed in all this, is that Oczakow is taken. Everything else in Europe is quiet, except the internal affairs of Poland. The Prussian party there gains greater superiority daily. The King of Prussia, however, will feel less bold on the probability that England will remain inactive in all things external. This secures to this country leisure for their internal improvements. These go on well. The report of Mr. Neckar to the King, which has been published, renews the renunciation of the power of laying a new tax or continuing an old one without consent of the States General; admits they are to appropriate the public moneys (and of course how much of it the King may spend), that ministers must be responsible, that the King will concur in fixing the periodical meeting of the States, that he will be ready to consider with them what modifications, _lettres de cachet_ should be put under, and of the decree of liberty which may be given to the press; and further, that all this shall be fixed by a convention so solemn as that his successor shall not be free to infringe it; that is to say, that he will concur in a declaration of rights. Nothing is said, however, of the States sharing in the legislation, but they will surely be passed. They have given to the Tiers Etat a representation in the States equal to both the other orders, and it is probably they will form but one house and vote by persons; but that is not decided. Be so good as to present me affectionately to Mrs. Adams, and to be assured yourself, of the sincere esteem of, dear Sir, your friend and servant.

TO MADAME NECKAR.

PARIS, January 24, 1789.

I have received, Madam, with a great deal of sensibility, the letter of the 22d instant, with which you were pleased to honor me, on the claims of Monsieur Klein against the United States; and immediately endeavored to inform myself of their foundation, by an examination of the journals of Congress. Congress, consisting of many persons, can only speak by the organ of their records. If they have any engagements, they are to be found there. If not found there, they can never have existed. I proceeded to this examination, with all the partialities which were naturally inspired by the interest you are so good as to take in his behalf, the desire of doing what will be agreeable to you, and a disposition to obtain for him the justice which might be his due. I have extracted, literally, from those journals, everything I find in them on his subject, and I take the liberty of enclosing you those extracts. From them, as well as from what I recollect of the ordinary train of business about the years 1778 and 1779, I presume the following to be very nearly the history of Monsieur Klein's case.

Congress were generally desirous of adding to their army during the war. Among other methods attempted, it was usual for foreigners (multitudes of whom went to ask command), when they found there was no vacancy, to propose to raise troops themselves, on condition they should have commissions to command them. I suppose that Messrs. Klein, Fearer and Kleinsmit (named in the resolution of Congress of 1788, and whom, from their names, I conjecture to be Germans), offered to enlist a body of men from among the German prisoners taken with General Burgoyne at Saratoga, on condition that Fearer and Kleinsmit should be captains over them, and Klein, lieutenant colonel. Three months seem to have been allowed them for raising their corps. However, at the end of ten months it seems they had engaged but twenty-four men, and that all of these, except five, had deserted. Congress, therefore, put an end to the project, June the 21st, 1779 (and not in July, 1780, as Monsieur Klein says), by informing him they had no farther use for his services, and giving him a year's pay and subsistence to bring him to Europe. He chose to stay there three and a half longer, as he says, to solicit what was due to him. Nothing could ever have been due to him, but pay and subsistence for the ten months he was trying to enlist men, and the donation of a year's pay and subsistence; and it is not probable he would wait three years and a half to receive these. I suppose he has staid in hopes of finding some other opening for employment. If these articles of pay and subsistence have not been paid to him, he has the certificates of the paymaster and commissary to prove it; because it was an invariable rule, when demands could not be paid, to give the party a certificate, to establish the sum due to him. If he has not such a certificate, it is a proof he has been paid. If he has it, he can produce it, and, in that case, I will undertake to represent his claim to our government, and will answer for their justice.

It would be easy to correct several inaccuracies in the letter of Monsieur Klein, such as that Congress _engaged_ to give him a regiment; that he paid the recruiting money _out of his own pocket_; that his soldiers had _nothing but bread and water_; that Congress had promised him they would pay his soldiers in _specie_, &c.; some of which are impossible, and others very improbable; but these would be details too lengthy, Madam, for you to be troubled with. Klein's object is to be received at the hospital of invalids. I presume he is not of the description of persons entitled to be received there, and that his American commission and American grievances, are the only ground he has whereon to raise a claim to reception. He has, therefore, tried to make the most of them. Few think there is any immorality in scandalizing governments or ministers; and M. Klein's distresses render this resource more innocent in him than it is in most others.

Your commands, Madam, to give what information I could, have drawn thus much from me. I would not wish to weaken the hopes he so justly rests on your known goodness and benevolence. On the contrary, the weaker his claim elsewhere, the stronger they will plead in your bosom to procure him relief; and whatever may be done for him here, I repeat it, that if he has any just demand against the United States, and will furnish me with proofs of it, I will solicit it with zeal, and, I trust, with effect. To procure him justice will be one gratification, and a great additional one will be, that he has procured me the occasion of offering you my portion of the general tribute so justly due for all the good you have done, and all you are perpetually endeavoring to do. Accept then, Madam, I pray you, this homage from one whose motives are pure truth and justice, when he assures you of the sincerity of those sentiments of esteem and respect with which he has the honor to be, Madam, your most obedient, and most humble servant.

TO JOHN JAY.

PARIS, February 4, 1789.

SIR,--Your favor of November the 25th, by Gouverneur Morris, is duly received. I must beg you to take the trouble of deciphering yourself what follows, and to communicate it to nobody but the President, at least for the present.

We had before understood, through different channels, that the conduct of the Count de Moustier was politically and morally offensive. It was delicate for me to speak on the subject to the Count de Montmorin. The invaluable mediation of our friend, the Marquis de La Fayette, was therefore resorted to, and the subject explained, though not pressed. Later intelligence showing the necessity of pressing it, it was yesterday resumed, and represented through the same medium to the Count de Montmorin, that recent information proved to us, that his minister's conduct had rendered him personally odious in America, and might even influence the dispositions of the two nations; that his recall was become a matter of mutual concern; that we had understood he was instructed to remind the new government of their debt to this country, and that he was in the purpose of doing it in very harsh terms; that this could not increase their desire of hastening payment, and might wound their affections; that, therefore, it was much to be desired that his discretion should not be trusted to, as to the form in which the demand should be made, but that the letter should be written here, and he instructed to add nothing but his signature; nor was his private conduct omitted. The Count de Montmorin was sensibly impressed. He very readily determined that the letter should be formed here, but said that the recall was a more difficult business; that as they had no particular fact to allege against the Count de Moustier, they could not recall him from that ministry without giving him another, and there was no vacancy at present. However, he would hazard his first thoughts on the subject, saving the right of correcting them by further consideration. They were these: that there was a loose expression in one of de Moustier's letters, which might be construed into a petition for leave of absence; that he would give him permission to return to France; that it had been before decided, on the request of the Marquis de La Luzerne, that Otto should go to him to London; that they would send a person to America as chargé des affaires in place of Otto, and that if the President (General Washington) approved of him, he should be afterwards made minister. He had cast his eye on Colonel Ternant, and desired the Marquis to consult me whether he would be agreeable. At first I hesitated, recollecting to have heard Ternant represented in America as an hypochondriac, discontented man, and paused for a moment between him and Barthelemy, at London, of whom I have heard a great deal of good. However, I concluded it safer to take one whom we knew, and who knew us. The Marquis was decidedly of this opinion. Ternant will see that his predecessor is recalled for unconciliatory deportment, and that he will owe his own promotion to the approbation of the President. He established a solid reputation in Europe, by his conduct when Generalissimo of one of the United Provinces, during their late disturbances; and it is generally thought, that if he had been put at the head of the principal province, instead of the Rhingrave de Salm, he would have saved that cause. Upon the whole, I believe you may expect that the Count de Moustier will have an immediate leave of absence, which will soon after become a recall in effect. I will try, also, to have the consuls admonished as to the line of conduct they should observe. I shall have the honor of writing you a general letter within a few days. I have now that of assuring you of the sentiment of sincere esteem and respect, with which I am, dear Sir, your most obedient, and most humble servant.

TO WILLIAM SHORT.

PARIS, February 9, 1789.

DEAR SIR,--I wrote you last on the 22d of January, on which day I received yours of December the 31st, and since that, the other of January the 14th. We have now received news from America down to the middle of December. They had then had no cold weather. All things relative to our new Constitution were going on well. Federal senators are; New Hampshire, President Langdon and Bartlett. Massachusetts, Strong and Dalton. Connecticut, Dr. Johnson and Ellsworth. New Jersey, Patterson and Ellmer. Pennsylvania, Robert Morris and McClay. Delaware, Reed and Bassett. Virginia, Richard Henry Lee and Grayson. Maryland, Charles Carroll of Carrolton, and John Henry. All of these are federalists except those of Virginia; so that a majority of federalists are secured in the Senate, and expected in the House of Representatives. General Washington will be President, and probably Mr. Adams Vice President. So that the Constitution will be put under way by those who will give it a fair trial. It does not seem probable that the attempt of New York to have another convention to make amendments, will succeed, though Virginia concurs in it. It is tolerably certain that Congress will propose amendments to the Assemblies, as even the friends of the Constitution are willing to make amendments; some from a conviction they are necessary, others, from a spirit of conciliation. The addition of a bill of rights, will, probably, be the most essential change. A vast majority of anti-federalists have got into the Assembly of Virginia, so that Mr. Henry is omnipotent there. Mr. Madison was left out as a senator by eight or nine votes; and Henry has so modelled the districts for representatives, as to tack Orange to counties where himself has great influence, that Madison may not be elected into the lower federal House, which was the place he had wished to serve in, and not the Senate. Henry pronounced a philippic against Madison in open Assembly, Madison being then at Philadelphia. Mifflin is President of Pennsylvania, and Peters, Speaker. Colonel Howard is Governor of Maryland. Beverly Randolph, Governor of Virginia; (this last is said by a passenger only, and he seems not very sure,) Colonel Humphreys is attacked in the papers for his French airs, for bad poetry, bad prose, vanity, &c. It is said his dress, in so gay a style, gives general disgust against him. I have received a letter from him. He seems fixed with General Washington. Mayo's bridge, at Richmond, was completed, and carried away in a few weeks. While up, it was so profitable that he had great offers for it. A turnpike is established at Alexandria, and succeeds. Rhode Island has again refused to call a convention. Spain has granted to Colonel Morgan, of New Jersey, a vast tract of land on the western side of the Mississippi, with the monopoly of the navigation of that river. He is inviting settlers, and they swarm to him. Even the settlement of Kentucky is likely to be much weakened by emigrations to Morgan's grant. Warville has returned, charmed with our country. He is going to carry his wife and children to settle there. Gouverneur Morris has just arrived here; deputed, as is supposed, to settle Robert Morris' affairs, which continue still deranged. Doctor Franklin was well when he left America, which was about the middle of December.

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I send Mr. Rutledge two letters by the post. Be so good as to present him my esteem, and to be assured yourself of the sincere esteem and attachment with which I am, and shall ever be, dear Sir, your affectionate friend and servant.

TO M. DE VILLEDEUIL.

PARIS, February 10, 1789.

SIR,--I take the liberty of troubling your Excellency with the following case, which I understand to be within your department. Mr. Jay, Secretary for Foreign Affairs to the United States of America, having occasion to send me despatches of great importance, and by a courier express, confided them to a Mr. Nesbitt, who offered himself in that character. He has delivered them safely; but, in the moment of delivering them, explained to me his situation, which is as follows. He was established in commerce at L'Orient during the war. Losses by shipwreck, by capture, and by the conclusion of the peace at a moment when he did not expect it, reduced him to bankruptcy, and he returned to America, without the consent of his creditors, to make the most of his affairs there. He has been employed in this ever since, and now wishing to see his creditors, and to consult them on their mutual interests, he availed himself of Mr. Jay's demand for a courier, to come under the safe conduct of that character to Paris, where he flattered himself he might obtain that of your Excellency, for the purpose of seeing his creditors, settling and arranging with them. He thinks a twelve-month will be necessary for this. Understanding that it is not unusual to grant safe conducts in such cases, and persuaded it will be for the benefit of his creditors, I take the liberty of enclosing his memoir to your Excellency, and of soliciting your favorable attention to it, assured that it will not be denied him, if it be consistent with the established usage; and if inadmissible, praying that your Excellency will have the goodness to give me as early an answer as the other arduous occupations in which you are engaged will admit, in order that he may know whether he may see his creditors, or must return without. I am encouraged to trouble your Excellency with this application, by the goodness with which you have been pleased to attend to our interests on former occasions, and by the desire of availing myself of every occasion of proffering to you the homage of those sentiments of attachment and respect, with which I have the honor to be, your Excellency's most obedient, and most humble servant.

TO MR. SHORT.

PARIS, February 28, 1789.