Memoir, Correspondence, And Miscellanies, From The Papers Of Thomas Jefferson Volume I Part 49

June 30. Winds begin to be light, but the sea still very heavy.

July 5. Light winds and a smooth sea for the first time, in lat. 43 12'.

July 9. Spoke a French brig, Comte D'Artois, Captain Mieaux, from St.

Maloes, in distress for provisions. Relieved her with three barrels of flour.

Aug. 6. Thick weather and strong wind. Made the Land's End of England.

Aug. 7. Unable to fetch the land, therefore bore off for Scilly, and came to with both anchors. Drove, notwithstanding, and obliged to get up the anchors, and put to sea, running southwardly.

Aug. 8. Made the land of France, but did not know what part.

Here the log-book ends. At this time they had on board but ten gallons of water, four or five barrels of bread, two or three pounds of candles, no firewood. Their sails unfit to be trusted to any longer, and all their materials for mending them exhausted by the constant repairs which the violence of the weather had called for. They therefore took a pilot aboard, who carried them into Pont Duval; but being informed by the captain of a vessel there, that the schooner was too sharp built (as the American vessels mostly are) to lie in that port, they put out immediately, and the next morning the pilot brought them to anchor in the road of the Isle de Bas. Asquith went immediately to Roscaff, protested at the admiralty the true state of his case, and reported his vessel and cargo at the custom-house. In making the report of his vessel, he stated her as of twenty-one tons, according to his register.

The officer informed him that if she was no larger, she would be confiscated by an edict, which forbids all vessels, under thirty tons, to approach the coast. He told the officer what was the real truth as to his register and his bill of sale, and was permitted to report her according to the latter. He paid the usual fees of ten livres and seven sols, and obtained a clearance. Notwithstanding this, he was soon visited by other persons, whom he supposes to have been _commis_ of the _Fermes_, who seized his vessel, carried her to the pier, and confined the crew to the vessel and half the pier, putting centinels over them.

They brought a guager, who measured only her hold and part of her steerage, allowing nothing for the c.o.c.kpit, cabin, forecastle, and above one half of the steerage, which is almost half the vessel, and thus made her contents (if that had been of any importance) much below the truth.

The tobacco was weighed, and found to be six thousand four hundred and eighty-seven pounds,* which was sent on the 18th to Landivisiau, and on the 19th, they were committed to close prison at St. Pol de Leon, where they have been confined ever since. They had, when they first landed, some money, of which they were soon disembarra.s.sed by different persons, who, in various forms, undertook to serve them. Unable to speak or understand a word of the language of the country, friendless, and left without money, they have languished three months in a loathsome jail, without any other sustenance, a great part of the time, than what could be procured for three sous a day, which have been furnished them to prevent their perishing.

* A hogshead of tobacco weighs generally about one thousand pounds, English, equal to nine hundred and seventeen pounds French. The seven hogsheads he sailed with, would therefore weigh, according to this estimate, six thousand four hundred and twenty-three pounds. They actually weighed more on the first essay. When afterwards weighed at Landivisiau, they had lost eighty-four pounds on being carried into a drier air. Perhaps, too, a difference of weights may have entered into this apparent loss.

They have been made to understand that a criminal process is going on against them under two heads. 1. As having sold tobacco in contraband; and 2., as having entered a port of France in a vessel of less than thirty tons' burthen. In support of the first charge, they understand that the circ.u.mstance is relied on, of their having been seen off the coast by the _employes des Fermes_, one or two days. They acknowledge they may have been so seen while beating off Pont Duval, till they could get a pilot, while entering that port, and again going round from thence to the road of the Isle de Bas. The reasons for this have been explained. They further add, that all the time they were at Pont Duval they had a King's officer on board, from whom, as well as from their pilot, and the captain, by whose advise they left that port for the Isle de Bas, information can be obtained by their accusers (who are not imprisoned) of the true motives for that measure. It is said to be urged also, that there was found in their vessel some loose tobacco in a blanket, which excites a suspicion that they had been selling tobacco.

When they were stowing their loading, they broke a hogshead, as is always necessary, and is always done, to fill up the stowage, and to consolidate and keep the whole ma.s.s firm and in place. The loose tobacco which had come out of the broken hogshead, they re-packed in bags: but in the course of the distress of their disastrous voyage, they had employed these bags, as they had done every thing else of the same nature, in mending their sails. The condition of their sails when they came into port will prove this, and they were seen by witnesses enough, to whom their accusers, being at their liberty, can have access.

Besides, the sale of a part of their tobacco is a fact, which, had it taken place, might have been proved; but they deny that it has been proved, or ever can be proved by true men, because it never existed. And they hope the justice of this country does not permit strangers, seeking in her ports an asylum from death, to be thrown into jail and continued there indefinitely, on the possibility of a fact, without any proof.

More especially when, as in the present case, a demonstration to the contrary is furnished by their clearance, which shows they never had more than eight hogsheads of tobacco on board, of which one had been put ash.o.r.e at Hampton in Virginia, as has been before related, and the seven others remained when they first entered port. If they had been smugglers of tobacco, the opposite coast offered a much fairer field, because the gain there is as great; because they understand the language and laws of the country, they know its harbors and coasts, and have connections in them. These circ.u.mstances are so important to smugglers, that it is believed no instance has ever occurred of the contraband tobacco, attempted on this side the channel, by a crew wholly American. Be this as it may, they are not of that description of men.

As to the second charge, that they have entered a port of France in a vessel of less than thirty tons' burthen, they, in the first place, observe, that they saw the guager measure the vessel, and affirm that his method of measuring could render little more than half her true contents: but they say, further, that were she below the size of thirty tons, and, when entering the port, had they known of the alternative of either forfeiting their vessel and cargo, or of perishing at sea; they must still have entered the port: the loss of their vessel and cargo being the lesser evil. But the character of the lawgiver a.s.sures them, that the intention of his laws are perverted, when misapplied to persons, who, under their circ.u.mstances, take refuge in his ports. They have no occasion to recur from his clemency to his justice, by claiming the benefit of that article in the treaty which binds the two nations together, and which a.s.sures to the fugitives of either from the dangers of the sea, a hospitable reception and necessary aids in the ports of the other, and that, without measuring the size of their vessel.

Upon the whole, they protest themselves to have been as innocent as they have been unfortunate. Instead of relief in a friendly port, they have seen their misfortunes aggravated by the conduct of officers, who, in their greediness for gain, can see in no circ.u.mstance any thing but proofs of guilt. They have already long suffered and are still suffering whatever scanty sustenance, an inclement season, and close confinement can offer most distressing to men who have been used to neither, and who have wives and children at home partic.i.p.ating of their distresses; they are utterly ignorant of the laws and language of the country, where they are suffering; they are deprived of that property which would have enabled them to procure counsel to place their injuries in a true light; they are distant from the stations of those who are appointed by their country to patronize their rights; they are not at liberty to go to them, nor able to have communication through any other than the uncertain medium of the posts; and they see themselves already ruined by the losses and delays they have been made to incur, and by the failure of the original object of their voyage. They throw themselves, therefore, on the patronage of the government, and pray that its energy may be interposed in aid of their poverty and ignorance, to restore them to their liberty, and to extend to them that retribution which the laws of every country mean to extend to those who suffer unjustly.

LETTER Cx.x.xV.--TO JOHN ADAMS, November 19, 1785

TO JOHN ADAMS.

Paris, November 19, 1785.

Dear Sir,

I wrote to you on the 11th of October, by Mr. Preston, and again on the 18th of the same month, by post. Since that, yours of September the 25th, by Mr. Boylston, of October the 24th, November the 1st, and November the 4th, have come safe to hand. I will take up their several subjects in order. Boylston's object was, first, to dispose of a cargo of spermaceti oil, which he brought to Havre. A secondary one, was to obtain a contract for future supplies. I carried him to the Marquis de la Fayette. As to his first object, we are in hopes of getting the duties taken off, which will enable him to sell his cargo. This has led to discussions with the ministers, which give us a hope that we may get the duties taken off in perpetuum. This done, a most abundant market for our oil will be opened by this country, and one which will be absolutely dependant on us; for they have little expectation themselves of establishing a successful whale-fishery. It is possible they may only take the duties off of those oils, which shall be the produce of a.s.sociated companies of French and American merchants. But as yet, nothing certain can be said.

I thank you for the trouble you have taken to obtain insurance on Houdon's life. I place the thirty-two pounds and eleven shillings to your credit, and not being able, as yet, to determine precisely how our accounts stand, I send a sum by Colonel Smith, which may draw the scales towards a balance.

The determination of the British cabinet to make no equal treaty with us, confirms me in the opinion expressed in your letter of October the 24th, that the United States must pa.s.s a navigation act against Great Britain, and load her manufactures with duties, so as to give a preference to those of other countries: and I hope our a.s.semblies will wait no longer, but transfer such a power to Congress, at the sessions of this fall. I suppose, however, it will only be against Great Britain, and I think it will be right not to involve other nations in the consequences of her injustice. I take for granted, that the commercial system wished for by Congress, was such a one, as should leave commerce on the freest footing possible. This was the plan on which we prepared our general draught for treating with all nations. Of those with whom we were to treat, I ever considered England, France, Spain, and Portugal as capitally important; the first two, on account of their American possessions, the last, for their European as well as American. Spain is treating in America, and probably will give an advantageous treaty.

Portugal shows dispositions to do the same. France does not treat. It is likely enough she will choose to keep the staff in her own hands. But, in the mean time, she gives us an access to her West Indies, which, though not all we wish, is yet extremely valuable to us: this access, indeed, is much affected by the late _Arrets_ of the 18th and 25th of September, which I enclose to you. I consider these as a reprisal for the navigation acts of Ma.s.sachusetts and New Hampshire. The minister has complained to me, officially, of these acts, as a departure from the reciprocity stipulated for by the treaty. I have a.s.sured him that his complaints shall be communicated to Congress, and in the mean time, observed that the example of discriminating between foreigners and natives had been set by the _Arret_ of August, 1784, and still more remarkably by those of September the 18th and 25th, which, in effect, are a prohibition of our fish in their islands. However, it is better for us, that both sides should revise what they have done. I am in hopes this country did not mean these as permanent regulations. Mr. Bingham, lately from Holland, tells me that the Dutch are much dissatisfied with these acts. In fact, I expect the European nations, in general, will rise up against an attempt of this kind, and wage a general commercial war against us. They can do well without all our commodities except tobacco, and we cannot find, elsewhere, markets for them. The selfishness of England alone will not justify our hazarding a contest of this kind against all Europe. Spain, Portugal, and France, have not yet shut their doors against us: it will be time enough, when they do, to take up the commercial hatchet. I hope, therefore, those States will repeal their navigation clauses, except as against Great Britain and other nations not treating with us.

I have made the inquiries you desire, as to American ship-timber for this country. You know they sent some person (whose name was not told us) to America, to examine the quality of our masts, spars, &c. I think this was young Chaumont's business. They have, besides this, instructed the officer who superintends their supplies of masts, spars, foe., to procure good quant.i.ties from our northern States; but I think they have made no contract: on the contrary, that they await the trials projected, but with a determination to look to us for considerable supplies, if they find our timber answer. They have on the carpet a contract for live-oak from the southern States.

You ask why the Virginia merchants do not learn to sort their own tobaccos? They can sort them as well as any other merchants whatever.

Nothing is better known than the quality of every hogshead of tobacco, from the place of its growth. They know, too, the particular qualities required in every market. They do not send their tobaccos, therefore, to London to be sorted, but to pay their debts: and though they could send them to other markets and remit the money to London, yet they find it necessary to give their English merchant the benefit of the consignment of the tobacco (which is enormously gainful), in order to induce him to continue his indulgence for the balance due.

Is it impossible to persuade our countrymen to make peace with the Nova Scotians? I am persuaded nothing is wanting but advances on our part; and that it is in our power to draw off the greatest proportion of that settlement, and thus to free ourselves from rivals who may become of consequence. We are, at present, co-operating with Great Britain, whose policy it is to give aliment to that bitter enmity between her States and ours, which may secure her against their ever joining us. But would not the existence of a cordial friendship between us and them, be the best bridle we could possibly put into the mouth of England?

With respect to the Danish business, you will observe that the instructions of Congress, article 3, of October the 29th, 1783, put it entirely into the hands of the _Ministers Plenipotentiary of the United States of America at the court of Versailles, empower to to negotiate a peace, or to any one or more of them_. At that time, I did not come under this description. I had received the permission of Congress to decline coming, in the spring preceding that date. On the first day of November, 1783, that is to say, two days after the date of the instructions to the commissioners, Congress recommended John Paul Jones to the Minister Plenipotentiary of the United States, at Versailles, as agent, to solicit, under his direction, the payment of all prizes taken in Europe under his command. But the object under their view, at that time, was a.s.suredly the money due from the court of Versailles, for the prizes taken in the expedition by the Bon-homme Richard, the Alliance, &c. In this business, I have aided him effectually, having obtained a definitive order for paying the money to him, and a considerable proportion being actually paid him. But they could not mean by their resolution of November the 1st, to take from the commissioners, powers which they had given them two days before. If there could remain a doubt that this whole power has resulted to you, it would be cleared up by the instructions of May the 7th, 1784, article 9, which declare, 'that these instructions be considered as supplementary to those of October the 29th, 1783, and not as revoking, except where they contradict them;'

which shows that they considered the instructions of October the 29th, 1783, as still in full force. I do not give you the trouble of this discussion, to save myself the trouble of the negotiation. I should have no objections to this part: but it is to avoid the impropriety of meddling in a matter wherein I am unauthorized to act, and where any thing I should pretend to conclude with the court of Denmark, might have the appearance of a deception on them. Should it be in my power to render any service in it, I shall do it with cheerfulness; but I repeat, that I think you are the only person authorized.

I received, a few days ago, the _Nuova Minuta_ of Tuscany, which Colonel Humphreys will deliver you. I have been so engaged that I have not been able to go over it with any attention. I observe, in general, that the order of the articles is entirely deranged, and their diction almost totally changed. When you shall have examined it, if you will be so good as to send me your observations by post, in cipher, I will communicate with you in the same way, and try to mature this matter.

The deaths of the Dukes of Orleans and Praslin, will probably reach you through the channel of the public papers, before this letter does. Your friends the Abbes are well, and always speak of you with affection.

Colonel Humphreys comes to pa.s.s some time in London. My curiosity would render a short trip thither agreeable to me also, but I see no probability of taking it. I will trouble you with my respects to Dr.

Price. Those to Mrs. Adams, I witness in a letter to herself.

I am, with very great esteem, Dear Sir,

your most obedient

and most humble servant,

Th: Jefferson.

LETTER Cx.x.xVI.--TO THE COUNT DE VERGENNES, November 20, 1785

TO THE COUNT DE VERGENNES.

Paris, November 20, 1785.

Sir,

I found here, on my return from Fontainebleau, the letter of October the 30th, which your Excellency did me the honor there of informing me had been addressed to me at this place; and I shall avail myself of the first occasion of transmitting it to Congress, who will receive, with great pleasure; these new a.s.surances of the friendly sentiments, which his Majesty is pleased to continue towards the United States.

I am equally persuaded they will pay the most serious attention to that part of your Excellency's letter, which mentions the information you have received of certain acts or regulations of navigation and commerce, pa.s.sed in some of the United States, which are injurious to the commerce of France. In the mean time, I wish to remove the unfavorable impressions which those acts seem to have made, as if they were a departure from the reciprocity of conduct, stipulated for by the treaty of February the 6th, 1776. The effect of that treaty is, to place each party with the other, always on the footing of the most favored nation.

But those who framed the acts, probably did not consider the treaty as restraining either from discriminating between foreigners and natives.

Yet this is the sole effect of these acts. The same opinion, as to the meaning of the treaty, seems to have been entertained by this government, both before and since the date of these acts. For the _Arret_ of the King's Council, of August the 30th, 1784, furnished an example of such a discrimination between foreigners and natives, importing salted fish into his Majesty's dominions in the West Indies; by laying a duty on that imported, by foreigners, and giving out the same, in bounty, to native importers. This opinion shows itself more remarkably in the late _Arrets_ of the 18th and 25th of September, which, increasing to excess the duty on foreign importations of fish into the West Indies, giving the double, in bounty, on those of natives, and thereby rendering it impossible for the former to sell in compet.i.tion with the latter, have, in effect, prohibited the importation of that article by the citizens of the United States.

Both nations, perhaps, may come into the opinion, that their friendship and their interests may be better cemented, by approaching the condition of their citizens, reciprocally, to that of natives, as a better ground of intercourse than that of the most favored nation. I shall rest with hopes of being authorized, in due time, to inform your Excellency that nothing will be wanting, on our part, to evince a disposition to concur in revising whatever regulations may, on either side, bear hard on the commerce of the other nation. In the mean time I have the honor to a.s.sure you of the profound respect and esteem, with which

I have the honor to be,

your Excellency's

most obedient and most humble servant,

Th: Jefferson.