TO WILLIAM CARMICHAEL.

PARIS, December 11, 1787.

DEAR SIR,--I am later in acknowledging the receipt of your favors of October the 15th, and November the 5th and 15th, because we have been long expecting a packet, which I hoped would bring communications worth detailing to you; and she arrived only a few days ago, after a very long pa.s.sage indeed. I am very sorry you have not been able to make out the cypher of my letter of September the 25th, because it contained things which I wished you to know at that time. They have lost now a part of their merit; but still, I wish you could decipher them, as there remains a part, which it might yet be agreeable to you to understand. I have examined the cypher from which it was written. It is precisely a copy of those given to Messrs. Barclay and Lambe. In order that you may examine whether yours corresponds, I will now translate into cypher the three first lines of my letter of June the 14th.

[_Here follow three lines of cypher numbers._]

This will serve to show whether your cypher corresponds with mine, as well as my manner of using it. But I shall not use it in future, till I know from you the result of your re-examination of it. I have the honor now, to return you the letter you had been so good as to enclose to me.

About the same time of Liston's conversation with you, similar ones were held with me by Mr. Eden. He particularly questioned me on the effect of our treaty with France, in the case of a war, and what might be our dispositions. I told him without hesitation, that our treaty obliged us to receive the armed vessels of France, with their prizes, into our ports, and to refuse the admission of prizes made on her by her enemies; that there was a clause by which we guaranteed to France her American possessions, and which might, perhaps, force us into the war, if these were attacked. "Then it will be war," said he, "for they will a.s.suredly be attacked." I added, that our dispositions would be to be neutral, and that I thought it the interest of both those powers that we should be so, because it would relieve both from all anxiety as to the feeding their West India islands, and England would, moreover, avoid a heavy land war on our continent, which would cripple all her proceedings elsewhere. He expected these sentiments from me personally, and he knew them to be a.n.a.logous to those of our country. We had often before had occasions of knowing each other: his peculiar bitterness towards us had sufficiently appeared, and I had never concealed from him, that I considered the British as our natural enemies, and as the only nation on earth who wished us ill from the bottom of their souls.

And I am satisfied, that were our continent to be swallowed up by the ocean, Great Britain would be in a bonfire from one end to the other.

Mr. Adams, as you know, has asked his recall. This has been granted, and Colonel Smith is to return too; Congress having determined to put an end to their commission at that court. I suspect and hope they will make no new appointment.

Our new Const.i.tution is powerfully attacked in the American newspapers.

The objections are, that its effect would be to form the thirteen States into one; that, proposing to melt all down into one general government, they have fenced the people by no declaration of rights; they have not renounced the power of keeping a standing army; they have not secured the liberty of the press; they have reserved the power of abolishing trials by jury in civil cases; they have proposed that the laws of the federal legislatures shall be paramount to the laws and const.i.tutions of the States; they have abandoned rotation in office; and particularly, their President may be re-elected from four years to four years, for life, so as to render him a King for life, like a King of Poland; and they have not given him either the check or aid of a council. To these they add calculations of expense, etc., etc., to frighten the people. You will perceive that these objections are serious, and some of them not without foundation. The Const.i.tution, however, has been received with a very general enthusiasm, and as far as can be judged from external demonstrations, the bulk of the people are eager to adopt it. In the eastern States the printers will print nothing against it, unless the writer subscribes his name.

Ma.s.sachusetts and Connecticut have called conventions in January, to consider of it. In New York, there is a division. The Governor (Clinton) is known to be hostile to it. Jersey, it is thought, will certainly accept it. Pennsylvania is divided; and all the bitterness of her factions has been kindled anew on it. But the party in favor of it is strongest, both in and out of the legislature. This is the party anciently of Morris, Wilson, etc. Delaware will do what Pennsylvania shall do. Maryland is thought favorable to it; yet it is supposed Chase and Paca will oppose it. As to Virginia, two of her Delegates, in the first place, refused to sign it. These were Randolph, the Governor and George Mason. Besides these, Henry, Harrison, Nelson, and the Lees, are against it. General Washington will be for it, but it is not in his character to exert himself much in the case. Madison will be its main pillar; but though an immensely powerful one, it is questionable whether he can bear the weight of such a host. So that the presumption is, that Virginia will reject it. We know nothing of the dispositions of the States south of this. Should it fall through, as is possible, notwithstanding the enthusiasm with which it was received in the first moment, it is probable that Congress will propose, that the objections which the people shall make to it being once known, another convention shall be a.s.sembled, to adopt the improvements generally acceptable, and omit those found disagreeable. In this way, union may be produced under a happy const.i.tution, and one which shall not be too energetic, as are the const.i.tutions of Europe. I give you these details, because, possibly, you may not have received them all. The sale of our western lands is immensely successful. Five millions of acres have been sold at private sale, for a dollar an acre, in certificates, and at the public sales, some of them had sold as high as two dollars and forty cents the acre. The sales had not been begun two months. By these means, taxes, etc., our domestic debt, originally twenty-eight millions of dollars, was reduced, by the 1st day of last October, to twelve millions, and they were then in treaty for two millions of acres more, at a dollar, private sale. Our domestic debt will thus be soon paid off, and that done, the sales will go on for money, at a cheaper rate, no doubt, for the payment of our foreign debt. The _pet.i.te guerre_ always waged by the Indians, seems not to abate the ardor of purchase or emigration.

Kentucky is now counted at sixty thousand. Frankland is also growing fast.

I have been told, that the cutting through the Isthmus of Panama, which the world has so often wished, and supposed practicable, has at times been thought of by the government of Spain, and that they once proceeded so far, as to have a survey and examination made of the ground; but that the result was, either impracticability or too great difficulty. Probably the Count de Campomanes, or Don Ulloa, can give you information on this head. I should be exceedingly pleased to get as minute details as possible on it, and even copies of the survey, report, etc., if they could be obtained at a moderate expense. I take the liberty of asking your a.s.sistance in this.

I have the honor to be, with very great respect and esteem, Sir, your most obedient, and most humble servant.

TO JOHN ADAMS.

PARIS, December 12, 1787.

DEAR SIR,--In the month of July, I received from Fiseaux & Co. of Amsterdam, a letter notifying me that the princ.i.p.al of their loan to the United States would become due the first day of January. I answered them, that I had neither powers nor information on the subject, but would transmit their letter to the board of treasury. I did so, by the packet which sailed from Havre, August the 10th. The earliest answer possible, would have been by the packet which arrived at Havre three or four days ago. But by her I do not receive the scrip of a pen from anybody. This makes me suppose, that my letters are committed to Paul Jones, who was to sail a week after the departure of the packet; and that possibly, he may be the bearer of orders from the treasury, to repay Fiseaux's loan with the money you borrowed But it is also possible, he may bring no order on the subject. The slowness with which measures are adopted on our side the water, does not permit us to count on punctual answers; but, on the contrary, renders it necessary for us to suppose, in the present case, that no orders will arrive in time, and to consider whether anything, and what, should be done? As it may be found expedient to transfer all our foreign debts to Holland, by borrowing there, and as it may always be prudent to preserve a good credit in that country, because we may be forced into wars, whether we will or not, I should suppose it very imprudent to suffer our credit to be annihilated, for so small a sum as fifty-one thousand guilders. The injury will be greater, too, in proportion to the smallness of the sum; for they will ask, "How can a people be trusted for large sums, who break their faith for such small ones?" You know best what effect it will have on the minds of the money lenders of that country, should we fail in this payment. You know best, also, whether it is practicable and prudent for us, to have this debt paid without orders. I refer the matter, therefore, wholly to your consideration, willing to partic.i.p.ate with you in any risk and any responsibility which may arise. I think it one of those cases, where it is a duty to risk one's self. You will perceive, by the enclosed, the necessity of an immediate answer, and that, if you think anything can and should be done, all the necessary authorities from you should accompany your letter. In the meantime, should I receive any orders from the treasury by Paul Jones, I will pursue them, and consider whatever you shall have proposed or done, as _non avenue_.

I am, with much affection, dear sir, your most obedient, and most humble servant.

TO JAMES MADISON.

PARIS, December 20, 1787.

DEAR SIR,--My last to you was of October the 8th, by the Count de Moustier. Yours of July the 18th, September the 6th and October the 24th, were successively received, yesterday, the day before, and three or four days before that. I have only had time to read the letters; the printed papers communicated with them, however interesting, being obliged to lie over till I finish my despatches for the packet, which despatches must go from hence the day after to-morrow. I have much to thank you for; first and most for the cyphered paragraph respecting myself. These little informations are very material towards forming my own decisions. I would be glad even to know, when any individual member thinks I have gone wrong in any instance. If I know myself, it would not excite ill blood in me, while it would a.s.sist to guide my conduct, perhaps to justify it, and to keep me to my duty, alert. I must thank you, too, for the information in Thomas Burke's case; though you will have found by a subsequent letter, that I have asked of you a further investigation of that matter. It is to gratify the lady who is at the head of the convent wherein my daughters are, and who, by her attachment and attention to them, lays me under great obligations. I shall hope, therefore, still to receive from you the result of all the further inquiries my second letter had asked. The parcel of rice which you informed me had miscarried, accompanied my letter to the Delegates of South Carolina. Mr. Bourgoin was to be the bearer of both, and both were delivered together into the hands of his relation here, who introduced him to me, and who, at a subsequent moment, undertook to convey them to Mr. Bourgoin. This person was an engraver, particularly recommended to Dr. Franklin and Mr. Hopkinson. Perhaps he may have mislaid the little parcel of rice among his baggage. I am much pleased that the sale of western lands is so successful. I hope they will absorb all the certificates of our domestic debt speedily, in the first place, and that then, offered for cash, they will do the same by our foreign ones.

The season admitting only of operations in the cabinet, and these being in a great measure secret, I have little to fill a letter. I will, therefore, make up the deficiency, by adding a few words on the Const.i.tution proposed by our convention.

I like much the general idea of framing a government, which should go on of itself, peaceably, without needing continual recurrence to the State legislatures. I like the organization of the government into legislative, judiciary and executive. I like the power given the legislature to levy taxes, and for that reason solely, I approve of the greater House being chosen by the people directly. For though I think a House so chosen, will be very far inferior to the present Congress, will be very illy qualified to legislate for the Union, for foreign nations, etc., yet this evil does not weigh against the good, of preserving inviolate the fundamental principle, that the people are not to be taxed but by representatives chosen immediately by themselves. I am captivated by the compromise of the opposite claims of the great and little States, of the latter to equal, and the former to proportional influence. I am much pleased, too, with the subst.i.tution of the method of voting by person, instead of that of voting by States; and I like the negative given to the Executive, conjointly with a third of either House; though I should have liked it better, had the judiciary been a.s.sociated for that purpose, or invested separately with a similar power. There are other good things of less moment. I will now tell you what I do not like. First, the omission of a bill of rights, providing clearly, and without the aid of sophism, for freedom of religion, freedom of the press, protection against standing armies, restriction of monopolies, the eternal and unremitting force of the habeas corpus laws, and trials by jury in all matters of fact triable by the laws of the land, and not by the laws of nations. To say, as Mr. Wilson does, that a bill of rights was not necessary, because all is reserved in the case of the general government which is not given, while in the particular ones, all is given which is not reserved, might do for the audience to which it was addressed; but it is surely a _gratis dictum_, the reverse of which might just as well be said; and it is opposed by strong inferences from the body of the instrument, as well as from the omission of the cause of our present Confederation, which had made the reservation in express terms. It was hard to conclude, because there has been a want of uniformity among the States as to the cases triable by jury, because some have been so incautious as to dispense with this mode of trial in certain cases, therefore, the more prudent States shall be reduced to the same level of calamity. It would have been much more just and wise to have concluded the other way, that as most of the States had preserved with jealousy this sacred palladium of liberty, those who had wandered, should be brought back to it; and to have established general right rather than general wrong. For I consider all the ill as established, which may be established. I have a right to nothing, which another has a right to take away; and Congress will have a right to take away trials by jury in all civil cases. Let me add, that a bill of rights is what the people are ent.i.tled to against every government on earth, general or particular; and what no just government should refuse, or rest on inference.

The second feature I dislike, and strongly dislike, is the abandonment, in every instance, of the principle of rotation in office, and most particularly in the case of the President. Reason and experience tell us, that the first magistrate will always be reelected if he may be re-elected. He is then an officer for life. This once observed, it becomes of so much consequence to certain nations, to have a friend or a foe at the head of our affairs, that they will interfere with money and with arms. A Galloman, or an Angloman, will be supported by the nation he befriends. If once elected, and at a second or third election outvoted by one or two votes, he will pretend false votes, foul play, hold possession of the reins of government, be supported by the States voting for him, especially if they be the central ones, lying in a compact body themselves, and separating their opponents; and they will be aided by one nation in Europe, while the majority are aided by another. The election of a President of America, some years hence, will be much more interesting to certain nations of Europe, than ever the election of a King of Poland was. Reflect on all the instances in history, ancient and modern, of elective monarchies, and say if they do not give foundation for my fears; the Roman Emperors, the Popes while they were of any importance, the German Emperors till they became hereditary in practice, the Kings of Poland, the Deys of the Ottoman dependencies. It may be said, that if elections are to be attended with these disorders, the less frequently they are repeated the better. But experience says, that to free them from disorder, they must be rendered less interesting by a necessity of change. No foreign power, nor domestic party, will waste their blood and money to elect a person, who must go out at the end of a short period. The power of removing every fourth year by the vote of the people, is a power which they will not exercise, and if they were disposed to exercise it, they would not be permitted. The King of Poland is removable every day by the diet. But they never remove him. Nor would Russia, the Emperor, etc., permit them to do it. Smaller objections are, the appeals on matters of fact as well as laws; and the binding all persons, legislative, executive, and judiciary by oath, to maintain that const.i.tution. I do not pretend to decide, what would be the best method of procuring the establishment of the manifold good things in this const.i.tution, and of getting rid of the bad. Whether by adopting it, in hopes of future amendment; or after it shall have been duly weighed and canva.s.sed by the people, after seeing the parts they generally dislike, and those they generally approve, to say to them, "We see now what you wish. You are willing to give to your federal government such and such powers; but you wish, at the same time, to have such and such fundamental rights secured to you, and certain sources of convulsion taken away. Be it so. Send together deputies again. Let them establish your fundamental rights by a sacrosanct declaration, and let them pa.s.s the parts of the Const.i.tution you have approved. These will give powers to your federal government sufficient for your happiness."

This is what might be said, and would probably produce a speedy, more perfect and more permanent form of government. At all events, I hope you will not be discouraged from making other trials, if the present one should fail. We are never permitted to despair of the commonwealth.

I have thus told you freely what I like, and what I dislike, merely as a matter of curiosity; for I know it is not in my power to offer matter of information to your judgment, which has been formed after hearing and weighing everything which the wisdom of man could offer on these subjects. I own, I am not a friend to a very energetic government. It is always oppressive. It places the governors indeed more at their ease, at the expense of the people. The late rebellion in Ma.s.sachusetts has given more alarm, than I think it should have done. Calculate that one rebellion in thirteen States in the course of eleven years, is but one for each State in a century and a half. No country should be so long without one. Nor will any degree of power in the hands of government, prevent insurrections. In England, where the hand of power is heavier than with us, there are seldom half a dozen years without an insurrection. In France, where it is still heavier, but less despotic, as Montesquieu supposes, than in some other countries, and where there are always two or three hundred thousand men ready to crush insurrections, there have been three in the course of the three years I have been here, in every one of which greater numbers were engaged than in Ma.s.sachusetts, and a great deal more blood was spilt. In Turkey, where the sole nod of the despot is death, insurrections are the events of every day. Compare again the ferocious depredations of their insurgents, with the order, the moderation and the almost self-extinguishment of ours. And say, finally, whether peace is best preserved by giving energy to the government, or information to the people. This last is the most certain, and the most legitimate engine of government. Educate and inform the whole ma.s.s of the people. Enable them to see that it is their interest to preserve peace and order, and they will preserve them. And it requires no very high degree of education to convince them of this. They are the only sure reliance for the preservation of our liberty. After all, it is my principle that the will of the majority should prevail. If they approve the proposed const.i.tution in all its parts, I shall concur in it cheerfully, in hopes they will amend it, whenever they shall find it works wrong. This reliance cannot deceive us, as long as we remain virtuous; and I think we shall be so, as long as agriculture is our princ.i.p.al object, which will be the case, while there remains vacant lands in any part of America. When we get piled upon one another in large cities, as in Europe, we shall become corrupt as in Europe, and go to eating one another as they do there. I have tired you by this time with disquisitions which you have already heard repeated by others a thousand and a thousand times; and therefore, shall only add a.s.surances of the esteem and attachment with which I have the honor to be, dear Sir, your affectionate friend and servant.

P. S. The instability of our laws is really an immense evil. I think it would be well to provide in our const.i.tutions, that there shall always be a twelvemonth between the engrossing a bill and pa.s.sing it; that it should then be offered to its pa.s.sage without changing a word; and that if circ.u.mstances should be thought to require a speedier pa.s.sage, it should take two-thirds of both Houses, instead of a bare majority.

TO E. CARRINGTON.

PARIS, Dec. 21, 1787.

DEAR SIR,--I have just received your two favors of October the 23d and November the 10th. I am much obliged to you for your hints in the Danish business. They are the only information I have on that subject, except the resolution of Congress, and warn me of a rock on which I should most certainly have split. The vote plainly points out an agent, only leaving it to my discretion to subst.i.tute another. My judgment concurs with that of Congress as to his fitness. But I shall inquire for the surest banker at Copenhagen to receive the money, not because I should have had any doubts, but because I am informed others have them.

Against the failure of a banker, were such an accident, or any similar one to happen, I cannot be held accountable in a case where I act without particular interest. My princ.i.p.al idea in proposing the transfer of the French debt, was, to obtain on the new loans a much longer day for the reimburs.e.m.e.nt of the princ.i.p.al, hoping that the resources of the United States could have been equal to the article of interest alone. But I shall endeavor to quiet, as well as I can, those interested. A part of them will probably sell out at any rate; and one great claimant may be expected to make a bitter attack on our honor. I am very much pleased to hear, that our western lands sell so successfully. I turn to this precious resource, as that which will, in every event, liberate us from our domestic debt, and perhaps too, from our foreign one; and this, much sooner than I had expected. I do not think any thing could have been done with them in Europe. Individual speculators and sharpers had duped so many with their unlocated land-warrants, that every offer would have been suspected.

As to the new Const.i.tution, I find myself nearly a neutral. There is a great ma.s.s of good in it, in a very desirable form; but there is also, to me, a bitter pill or two. I have written somewhat lengthily to Mr.

Madison on this subject, and will take the liberty to refer you to that part of my letter to him. I will add one question to what I have said there. Would it not have been better to a.s.sign to Congress exclusively the article of imposts for federal purposes, and to have left direct taxation exclusively to the States? I should suppose the former fund sufficient for all probable events, aided by the land office.

The form which the affairs of Europe may a.s.sume, is not yet decipherable by those out of the cabinet. The Emperor gives himself, at present, the air of a mediator. This is necessary to justify a breach with the Porte. He has his eye at the same time on Germany, and particularly on Bavaria, the Elector of which has, for a long time, been hanging over the grave. Probably, France would now consent to the exchange of the Austrian Netherlands, to be created into a kingdom for the Duke de Deuxports, against the electorate of Bavaria. This will require a war. The Empress longs for Turkey, and viewing France as her princ.i.p.al obstacle, would gladly negotiate her acquiescence. To spur on this, she is coquetting it with England. The King of Prussia, too, is playing a double game between France and England. But I suppose the former incapable of forgiving him, or of ever reposing confidence in him. Perhaps the spring may unfold to us the final arrangement which will take place among the powers of this continent.

I often doubt whether I should trouble Congress or my friends with these details of European politics. I know they do not excite that interest in America, of which it is impossible for one to divest himself here. I know, too, that it is a maxim with us, and I think it a wise one, not to entangle ourselves with the affairs of Europe. Still, I think, we should know them. The Turks have practiced the same maxim of not meddling in the complicated wrangles of this continent. But they have unwisely chosen to be ignorant of them also, and it is this total ignorance of Europe, its combinations and its movements, which exposes them to that annihilation possibly about taking place. While there are powers in Europe which fear our views, or have views on us, we should keep an eye on them, their connections and oppositions, that in a moment of need, we may avail ourselves of their weakness with respect to others as well as ourselves, and calculate their designs and movements, on all the circ.u.mstances under which they exist. Though I am persuaded, therefore, that these details are read by many with great indifference, yet I think it my duty to enter into them, and to run the risk of giving too much, rather than too little information. I have the honor to be, with perfect esteem and respect, dear Sir, your most obedient and most humble servant.

P. S. The resolution of Congress, relative to the prize money received here, speaks of that money as paid to me. I hope this matter is properly understood. The treasury board desired me to receive it, and apply it to such and such federal purposes; and they would pay the dividends of the claimants in America. This would save the expense of remittance. I declined, however, receiving the money, and ordered it into the hands of their banker, who paid it away for the purposes to which they had destined it. I should be sorry, an idea should get abroad, that I had received the money of these poor fellows, and applied it to other purposes. I shall, in like manner, order the Danish and Barbary money into the hands of bankers, carefully avoiding ever to touch a sou of it, or having any other account to make out than what the banker will furnish.

TO THE HON. JOHN JAY.

PARIS, Dec. 21, 1787.

SIR,--The last letters I had the honor of addressing you were of the 3d and 7th of November. Your several favors, to wit, two of July 27, two of Oct. 24, and one of Nov. 3, have all been delivered within the course of a week past; and I embrace the earliest occasion of returning to Congress my sincere thanks for the new proofs I receive therein of their confidence in me, and of a.s.suring them of my best endeavors to merit it. The several matters on which I receive instruction shall all be duly attended to. The Commissioners of the Treasury inform me they will settle the balance appropriated to the Barbary business, apprise me of it, and place it under my power. The moment this is done, I will take the measures necessary to effect the instructions of Congress. The letter to you from the Governor of Rhode Island desires my attention to the application of the claimants of the brig Apollonia, which shall surely be complied with. I trust that an application will be made by the claimants. It will be the more important, as the letter in this case, as in that of the sloop Sally, formerly recommended to me, is directed to an advocate whom all my endeavors have not enabled me to find. I fear, therefore, that the papers in both cases must remain in my hands till called for by the person whom the parties shall employ for the ordinary solicitation and management of their appeals. I suppose they will engage some person to answer from time to time the pecuniary demands of lawyers, clerks, and other officers of the courts, to wait upon the judges and explain their cases to them, which is the usage here, to instruct their lawyers and confer with them whenever necessary, and in general to give all those attentions which the solicitation of private causes constantly require here. Their management, indeed, is very much a matter of intrigue and of money.

The public affairs of Europe are quiet at present, except as between the Turks and Russians; and, even these, some people suppose may be quieted. It is thought that Russia would accommodate easily. The peace between France and England is very generally considered as insecure. It is said the latter is not honestly disarming; she is certainly augmenting her land forces, and the speech of the King, and debates of the court members, prove their diffidence in the late accommodation.

Yet it is believed their premier is a friend to peace, and there can be no doubt of the same dispositions in the chief minister here. The divisions continue between the King and his parliament. A promise has been obtained for convoking the States General, as early as 1791, at farthest. The embarra.s.sments in the department of finance are not yet so cleared up as that the public can see their way through them. The arrival of the Count de La Luzerne, just now announced, will probably put their marine operations into new activity.

I have the honor to enclose you three letters from Mr. Dumas. By one of the 23d of October, he proposed to me that Mr. Adams and myself should authorize him to go to Brussels on the subject he explains to you. I wrote him the answer of Nov. 14th, by which I expected he would see that nothing could be done, and think no more of it. His subsequent letters, however, giving me reason to apprehend that, making too sure of the expediency of the treaty he proposed, he might excite expectations from that government, I wrote him the letter of Dec. 9 to suggest to him that this proposition might not be so certainly eligible as he seemed to expect, and to advise him to avoid doing anything which might commit or embarra.s.s Congress. The uneasiness of his present situation, and the desire of a refuge from it, had probably suggested to him this idea, and occasioned him to view it with partiality.

This will be accompanied with the gazettes of France and Leyden. There being no pa.s.senger to go by the packet, within my knowledge, this letter will go through the post-office. I shall, therefore, only add a.s.surances of the esteem and respect with which I have the honor to be, Sir, your most obedient, and most humble servant.

TO MONSIEUR LIMOZIN.

PARIS, December 22, 1787.