books to Havre, there to wait a conveyance to America ; for as
to the fixing the packets there, it is as uncertain as ever. The
other articles you mention shall be procured as far as they can
be. Knowing that some of them would be better got in Lon-
don, I commissioned Mr. Short, who was going there, to get
them. He has not yet returned. They will be of such a natm-e
as that I can get some gentleman who may be going to America
to take them in his portmanteau. Le Maire being now able to
COPwRESPONDEXCE. 415
stand on his legs, there will be no necessity for your advanc-
ing him the money I desired, if it is not already done. I am
anxious to hear from you on the subject of my Notes on \'n-
ginia. I have been oliliged to give so many of them here that
I fear their getting published. I have received an application
from the Directors of the public buildings, to procure them a plan
for their capitol. I shall send them one taken from the best mor-
sel of ancient architecture now remaining. It has obtained the
approbation of fifteen or sixteen centuries, and is therefore pre-
ferable to any design which might be newly contrived. It will
give more room, be more convenient, and cost less, than the plan
they sent me. Pray encourage them to wait for it, and to exe-
cute it. It will be superior in beauty to anything in America,
and not inferior to anything in the world. It is very simple.
Have you a copying press ? If you have not, you should get
one. Mine (exclusive of paper, which costs a guinea a ream)
has cost me about fom-teen guineas. I would give ten times that
sum to have had it from the date of the stamp act. I hope you
will be so good as to continue your communications, both of the
great and small kind, which are equally useful to me. Be as-
sured of the sincerity with which I am, dear Sir,
Your friend and servant.
TO MESSRS. DTTMAS AND SHORT,
Paris, September 1, 1785.
Gextlemen, — I have been duly honored with the receipt of
yoiu: separate letters of August 23d, and should sooner have re-
turned an answer ; but that as you had written also to Mr. Adams,
I thought it possible I might receive his sentiments on the subject
in time for the post. Not thinking it proper to lose the occasion
of the post, I have concluded to communicate to you my sepa-
rate sentiments, which you will of course pay attention to only
so far as they may concur with what you shall receive from Mr.
Adams.
416 JEFF ERSOi^'S WOEKS.
On a review of our letters to the Baron de Thulemeyer, I do
not find that we had proposed tliat the treaty should be in two
columns, the one English, and the other what he should think
proper. We certainly intended to have proposed it. We had
agreed together that it should be an article of system with us,
and the omission of it in this instance has been accidental. My
own opinion, therefore, is, that to avoid the appearance of urging
new propositions when everything appeared to be arranged, we
should agree to consider the French column as the original, if
the Baron de Thulemeyer thinks himself bound to insist on it ;
but, if the practice of his comt will admit of the execution in
the two languages, each to be considered as equally original, it
would be very pleasing to me, as it will accommodate it to our
views, relieve us from the embarrassment of this precedent,
which may be urged against us on other occasions, and be more
agreeable to our country, where the French language is spoken
by very few. This method will also be attended with the ad-
vantage, that if any expression in any part of the treaty is
equivocal in the one language, its true sense will be known by
the corresponding passage in the other.
The errors of the copyist in the French column you will cor-
rect of course.
I have the honor to be, with very high esteem. Gentlemen,
your most obedient, and most humble servant.
TO JOHN ADAMS.
Paris, September 4, 1785.
Dear Sir, — On receipt of your favors of August the 18th and
23d, I confen-ed with Mr. Barclay on the measures necessary to
be taken, to set our treaty with the piratical States into motion,
through his agency. Supposing that we should begin with the
Emperor of Morocco, a letter to the Emperor and instructions to
Mr. Barclay, seemed necessary. I have therefore sketched such
CORRESPONDEJTCE. 417
outlines for these, as appear to me to be proper. You will be so
good as to detract, add to, or alter them as you please, to return
such as you approve under your signature, to which I will add
mine. A person understanding English, French, and Italian,
and at the same time meriting confidence, was not to be met with
here. Colonel Franks, understanding the two first languages
perfectly, and a little Spanish instead of Italian, occurred to Mr.
Barclay as the fittest person he could employ for a secretary.
We think his allowance (exclusive of his travelling expenses and
his board, which will be paid by Mr. Barclay in common with
his own) should be between one hundred, and one hundred and
fifty guineas a year. Fix it where you please, between these
limits. What is said in the instructions to Mr. Barclay as to his
own allowance, was proposed by himself. My idea as to the
partition of the whole sum to which we are limited (eighty thou-
sand dollars), was, that one half of it should be kept in reserve
for the Algerines. They certainly possess more than half of the
whole power of the piratical States. I thought then, that Mo-
rocco might claim the half of the remainder, that is to say, one-
fourth of the whole. For this reason, in the instructions, I pro-
pose twenty thousand dollars as the limit of the expenses of the
Morocco treaty. Be so good as to think of it, and make it what
you please. I should be more disposed to enlarge than abridge
it, on account of their neighborhood to our Atlantic trade. I
did not think that these papers should be trusted through the
post office, and, therefore, as Colonel Franks is engaged in the
business, he comes with them. Passing by the diligence, the
whole expense will not exceed twelve or fom'teen guineas. I
suppose we are bound to avail ourselves of the co-operation of
France. I will join you, therefore, in any letter you think pro-
per to write to the Count de Vergennes. Would you think it
expedient to write to Mr. Carmichael, to interest the interposition
of the Spanish court ? I will join you in anything of this kind
you will originate. In short, be so good as to supply whatever
you may think necessary. With respect to the money, Mr. Jay's
information to you was, that it was to be drawn from Holland.
VOL. I. 27
418 JEFFEKSON'S WORKS.
It will rest, therefore, with you, to avail Mr. Barclay of that fund,
either by your draft, or by a letter of credit to the bankers in
his favor, to the necessary amount. I imagine the Dutch con-
sul at Morocco may be rendered an useful character, in the re-
mittances of money to Mr. Barclay while at Morocco.
You were apprised, by a letter from Mr. Short, of the delay
which had arisen in the execution of the treaty with Prussia. I
wrote a separate letter, of which I enclose you a copy, hoping it
would meet one from you, and set them again into motion.
I have the honor to be, with the highest respect, dear Sir, your
most obedient, and most humble servant.
[The following are the sketches of the letter to the Emperor
of Morocco, and of the instructions to Mr. Barclay, referred to in
the preceding letter.]
HEADS FOR A LETTER TO THE EMPEROR OF MOROCCO.
That the United States of America, heretofore connected m
government with Great Britain, had found it necessary for their
happiness to separate from her, and to assiune an independent
station.
That, consisting of a nimiber of separate States, they had
confederated together, and placed the sovereignty of the whole,
in matters relating to foreign nations, in a body consisting of
delegates from every State, and called the Congress of the
United States.
That Great Britain had solemnly confirmed their separation,
and acknowledged their independence.
That after the conclusion of the peace, which terminated the
war in which they had been engaged for the establishment of
their independence, the first attentions of Congress were neces-
sarily engrossed by the re-establishment of order and regular gov-
ernment.
That they had, as soon as possible, turned their attention to
foreign nations, and, desirous of entering into amity and com-
00RRESrONI)I-:\('E. 419
merce with them, had been pleased to appoint ns with Dr. Ben-
jamin Frankhn, to execute such treaties for this purpose, as
should he agreed on by such nations, with us, or any two of us.
That Dr. Franklin having found it necessary to return to
America, the execution of these several commissions had de-
volved on us.
That being placed as Ministers Plenipotentiary for the United
States at the courts of England and France ; this circumstance,
with the commissions with which we are charged for entering
into treaties with various other nations, puts it out of our power
to attend at the other courts in person, and obliges us to nego-
tiate by the intervention of confidential persons.
That, respecting the friendly dispositions shown by his Ma-
jesty, the Emperor of Morocco, towards the United States, and
indulging the desire of forming a connection with a sovereign
so renowned for his power, his wisdom, and his justice, we had
embraced the first moment possible, of assuring him of these, the
sentiments of our coimtry and of ourselves, and of expressing to
him our wishes to enter into a connection of friendship and
commerce with him.
That for this purpose, we had commissioned the bearer hereof,
Thomas Barclay, a person in the highest confidence of the Con-
gress of the United States, and as such, having been several
years, and still being their consul general with our great and
good friend and ally, the King of France, to arrange with his
Majesty the Emperor those conditions which it might be advan-
tageous for both nations to adopt, for the regulation of their
commerce, and their mutual conduct towards each other.
That we deliver to him a copy of the full powers with which
we are invested, to conclude a treaty with his Majesty, which
copy he is instructed to present to his Majesty.
That though by these, we are not authorized to delegate to
him the power of ultimately signing the treaty, yet such is our
reliance on his wisdom, his integrity, and his attention to the in-
structions with which he is charged, that we assure his Majesty,
the conditions which he shall arrange and send to us, shall be
420 JEFFERSON'S WORKS.
returned with our signature, in order to receive that of the per-
son whom his Majesty shall commission for the same purpose.
HEADS OF INSTRUCTIONS TO MR. BARCLAY.
Congress having been pleased to invest us with full powers
for entering into a treaty of amity and alliance with the Empe-
ror of Morocco, and it being impracticable for us to attend his
court in person, and equally impracticable, on account of our
separate stations, to receive a minister from him, we have con-
cluded to effect our object by the intervention of a confidential
person. We concur in wishing to avail the United States of
your talents in the execution of this business, and therefore fur-
nish you with a letter to the Emperor of Morocco, to give due
credit to your transactions with him.
We advise you to proceed by the Avay of Madrid, where you
will have opportunities of deriving many lights from Mr. Carmi-
chael, through whom many communications with the coiut of
Morocco have already passed.
From thence, you will proceed, by such route as you shall
think best, to the court of the Emperor.
You will present to him our letter, with the copy of our full
powers, with which you are furnished, at such time or times, and
in such manner, as you shall find best.
You will proceed to negotiate, with his minister, the terms of
a treaty of amity and commerce, as nearly conformed as possible
to the draught we give you. Where alterations, which, in your
opinion, shall not be of great importance, shall be urged by the
other party, you are at liberty to agree to them. Where they
shall be of great importance, and such as you think should be
rejected, you will reject them ; but where they are of great im-
portance, and you think they may be accepted, you will ask
time to take our advice, and will advise with us accordingly, by
letter or by courier, as you shall think best. When the articles
shall all be agreed, you will send them to us by some proper per-
son, for our signature.
The whole expense of this treaty, including as well the ex-
CORRESPO"SrDEXCE. * 421
penses of all persons employed about it, as the presents to the
Emperor and his servants must not exceed twenty thousand dol-
lars ; and we urge you to use your best endeavors to bring it as
much below that sum as you possibly can. As custom may have
rendered some presents necessary in the beginning or progress of
this business, and before it is concluded, or even in a way to be
concluded, we authorize you to conform to the custom, confiding
in your discretion to hazard as little as possible, before a certainty
of the event. We trust to you also to procure the best informa-
tion, as to what persons, and in what form, these presents should
be made, and to make them accordingly.
The difference between the customs of that and other courts,
the difficulty of obtaining a knowledge of those customs, but on
the spot, and our great confidence in your discretion, induce us
to leave to that all other circumstances relative to the object of
your mission. It will be necessary for you to take a secretary,
well skilled in the French language, to aid you in your business,
and to take charge of yom: papers in case of any accident to
yourself. We think you may allow him guineas a year,
besides his expenses for travelling and subsistence. We engage
to furnish yoiu* own expenses, according to the respectability of
the character with which you are invested ; but, as to the allow-
ance for your trouble, we wish to leave it to Congress. We an-
nex hereto simdry heads of inquiry which we wish you to make,
and to give us thereon the best information you shall be able to
obtain. We desire you to correspond with us by every oppor-
timity which you think should be trusted, giving us, from time
to time, an account of your proceedings and prospects.
HEADS OF INQUIRY FOR MR. BARCLAY, AS TO MOROCCO.
1. Commerce. What are the articles of their export and im-
port ? What duties are levied by them on exports and imports ?
Do all nations pay the same, or what nations are favored, and
how far ? Are they their own carriers, or who carries for them ?
Do they trade themselves to other countries, or are they merely
passive ?
422 JEFFERSON'S WORKS.
2. Ports. What are their principal ports ? What depth of
water in them ? What works of defence protect these ports ?
3. Naval force. How many armed vessels have they ? Of
what kind and force ? What is the constitution of their naval
force ? What resources for increasing their navy ? What num-
ber of seamen ? Their cruising grounds, and seasons of cruising ?
4. Prisoners. What is their condition and treatment ? At what
price are they ordinarily redeemed, and how ? ,
Do they pay respect to the treaties they make ?
Land forces. Their numbers, constitution and respectability ?
Revenues. Their amount.
Coins. What coins pass there, and at what rates ?
TO DAVID HARTLEY.
Paris, September 5, 1*786.
Dear Sir, — Your favor of April the 15th, happened to be put
into my hands at the same time with a large parcel of letters
from America, which contained a variety of intelligence. It was
then put where I usually place my unanswered letters ; and I,
from time to time, put off acknowledging the receipt of it, till I
should be able to furnish you American intelligence worth com-
municating. A favorable opportunity, by a courier, of writing to
you, occmTing this morning, what has been my astonishment and
chagrin, on reading your letter again, to find there was a case in
it which required an immediate answer, but which, by the variety
of matters which happened to be presented to my mind, at the
same time, had utterly escaped my recollection. I pray you to
be assured, that nothing but this slip of memory would have pre-
vented my immediate answer, and no other circumstance would
have prevented its making such an impression on my mind, as
that it could not have escaped. I hope you will, therefore, oblit-
erate the imputation of want of respect, which, under actual ap-
pearances, must have arisen in your mind, but which would refer
to an untrue cause the occasion of my silence. I am not suffi-
C O R R E S P O ]Sr D E N C E . 423
ciently acquainted with the proceedings of the New York As-
semhly, to say, with certainty, in what predicament the lands of
Mr. Upton may stand. But on conferring with Colonel Hum-
phreys, who, heing from the neighboring State, was more in the
way of knowing what passed in New York, he thinks that the
descriptions in their confiscation laws were such as not to include
a case of this nature. The first thing to be done by Mr. Upton,
is, to state his case to some intelligent lawyer of the country, that
he may know with certainty whether they be confiscated or not ;
and if not confiscated, to know what measures are necessary for
completing and securing his grant. But if confiscated, there is, then,
no other tribunal of redress but their General Assembly. If he is
unacquainted there, I would advise him to apply to Colonel Ham-
ilton (who was aid to General Washington), and is now very
eminent at the bar, and much to be relied on. Your letter in
his favor to Mr. Jay will also procure him the benefit of his
council.
With respect to America, I will rather give you a general view
of its situation, than merely relate recent events. The impost is
still unpassed by the two States of New York and Rhode Is-
land ; for the manner in which the latter has passed it does not
appear to me to answer the principal object of establishing a
fund, which, by being subject to Congress alone, may give such
credit to the certificates of public debt, as will make them nego-
tiable. This matter, then, is still suspended.
Congress have lately purchased the Indian right to nearly the
whoh of the land lying in the new State, bounded by lake Erie,
Pennsylvania, and the Ohio. The northwestern corner alone is
reserved to the Delawares and Wiandots. I expect a purchase is
also concluded with other tribes, for a considerable proportion of
the State next to this, on the north side of the Ohio, They have
passed an ordinance establishing a land office, considerably im-
proved, I think, on the plan of which I had the honor of giving
you a copy. The lands are to be ollered for sale to the highest
bidder. For this purpose, portions of them are to be proposed in
each State, that each may have the means of piuchase carried
424 JEFFERSON'S WORKS.
equally to their doors, and that the purchasers may be a proper
mixture of the citizens from all the diflerent States. But such
lots as cannot be sold for a dollar an acre, are not to be parted
with. Tliey will receive as money the certificates of public
debt. I flatter myself that this arrangement will very soon ab-
sorb the whole of these certificates, and thus rid us of our do-
mestic debt, which is four-fifths of om- whole debt. Our foreign
debt will then be a bagatelle.
I think it probable that Vermont will be made independent, as
I am told the State of New York is likely to agree to it. Maine
will probably, in time, be also permitted to separate from Massa-
chusetts. As yet, they only begin to think of it. Whenever the
people of Kentucky shall have agreed among themselves, my
friends write me word, that Virginia will consent to their separa-
tion. They will constitute the new State on the south side of
Ohio, joining Virginia. North Carolina, by an act of their As-
sembly, ceded to Congress all their lands westward of the Alle-
ghany. The people inhabiting that territory, thereon declared
themselves independent, called their State by the name of Franklin,
and solicited Congress to be received into the Union. But before
Congress met. North Carolina (for what reasons I could never
learn) resumed their cession. The people, however, persist ;
Congress recommended to the State to desist from their opposi-
tion, and I have no doubt they will do it. It will, therefore, re-
sult from the act of Congress laying oif the western country into
new States, that these States will come into the Union in the
manner therein provided, and without any disputes as to their
boundaries.
I am told that some hostile transaction by our people at the
Natchez, against the Spaniards, has taken place. If it be fact,
Congress will certainly not protect them, but leave them to be
chastised by the Spaniards, saving the right to the territory. A
Spanish minister being now with Congress, and both parties in-
terested in keeping the peace, I think, if such an event has hap-
pened, it will be easily arranged.
I told you, when here, of the propositions made by Congress to
CORRESPONDENCE. 425
the States, to be authorized to make certain regulations in their
commerce ; and that, from the disposition to strengthen the hands
of Congress, which was then growing fast, I thought they would
consent to it. Most of them did so, and I suppose all of them
would have done it, if they have not actually done it, hut that
events proved a much more extensive power would be requisite.
Congress have, therefore, desired to be invested with the whole
regulation of their trade, and forever ; and to prevent all tempta-
tions to abuse the power, and all fears of it, they propose that
whatever moneys shall be levied on commerce, either for the pur-
pose of revenue, or by way of forfeitiu-es or penalty, shall go di-
rectly into the coffers of the State wherein it is levied, without be-
ing touched by Congress. From the present temper of the States,
and the conviction which your country has carried home to their
minds, that there is no other method of defeating the greedy at-
tempts of other countries to trade with them on equal terms, I
think they will add an article for this purpose to their Confedera-
tion. But the present powers of Congress over the commerce
of the States, under the Confederation, seem not at all understood
by your ministry. They say that body has no power to enter
into a treaty of commerce ; why then make one ? This is a mis-
take. By the sixth article of the Confederation, the States re-
nounce, individually, all power to make any treaty, of whatever
nature, with a foreign nation. By the ninth article, they give the
power of making treaties wholly to Congress, with two reserva-
tions only. 1. That no treaty of commerce shall be made, which
shall restrain the legislature from making foreigners pay the same
imposts with their own people : nor 2d, from prohibiting the ex-
portation or importation of any species of merchandise, which they
might think proper. Were any treaty to be made which should
violate either of these two reservations, it would be so far void.
In the treaties, therefore, made with France, Holland, 6cc., this
has been cautiously avoided. But are these treaties of no advan-
tage to these nations ? Besides the adv'antages expressly given by
them, there results another, of great value. The commerce of
those nations with the United States, is thereby under the pro-
426 JEFFERSON'S WORKS.
tection of Congress, and no particular State, acting by fits and
starts, can harass the trade of France, Holland, &c., by such meas-
ures as several of them have practiced against England, by load-
ing her merchandsie with partial impost, refusing admittance to
it altogether, excluding her merchants, «fcc., &;c. For you will
observe, that though by the second reservation before mentioned,
they can prohibit the importation of any species of merchandise, as
for instance, though they may prohibit the importation of wines in
general, yet they cannot prohibit that of French wines in par-
ticular. Another advantage is, that the nations having treaties
with Congress, can and do provide in such treaties for the admis-
sion of their consuls, a kind of officer very necessary for the reg-
ulation and protection of commerce. You know that a consul
is the creature of treaty. No nation without an agreement, can
place an officer in another country, with any powers or jurisdic-