The Writings of Thomas Jefferson, Vol. 4 (of 9). Томас Джефферсон
and particular sales on that side the river, the war will go on. We may shortly expect to hear that General Wayne is in motion. An infectious and mortal fever is broke out in this place. The deaths under it the week before last were about forty, the last week about fifty, this week they will probably be about two hundred, and it is increasing. Every one is getting out of the city who can. Colonel Hamilton is ill of the fever, but is on the recovery. The President, according to an arrangement of some time ago, set out for Mount Vernon on yesterday. The Secretary of War is setting out on a visit to Massachusetts. I shall go in a few days to Virginia. When we shall reassemble again may perhaps depend on the course of this malady, and on that may depend the date of my next letter.
I have the honor to be, with great and sincere esteem and respect, dear Sir, your most obedient servant.
TO MR. GENET
Sir,—The correspondence which has taken place between the Executive and yourself, and the acts which you have thought proper to do, and to countenance, in opposition to the laws of the land, have rendered it necessary, in the opinion of the President, to lay a faithful statement of them before the government of France, to explain to them the reasons and the necessity which have dictated our measures, to renew assurances of that sincere friendship which has suffered no intermission during the course of these proceedings, and to express our extreme anxiety that none may be produced on their part. This has accordingly been directed to be done by the Minister Plenipotentiary of the United States at Paris, in a letter, a copy of which I now enclose to you;2 and, in order to bring to an end what cannot be permitted to continue, there could be no hesitation to declare in it the necessity of their having a representation here, disposed to respect the laws and authorities of the country, and to do the best for their interest which these would permit. An anxious regard for those interests, and a desire that they may not suffer, will induce the executive in the meantime to receive your communications in writing, and to admit the continuance of your functions so long as they shall be restrained within the limits of the law, as heretofore announced to you, or shall be of the tenor usually observed towards independent nations by the representative of a friendly power residing with them.
The President thought it respectful to your nation as well as yourself, to leave to yourself the restraining certain proceedings of the consuls of France within the United States, which you were informed were contrary to the laws of the land, and therefore not to be permitted. He has seen with regret, however, that you have been far from restraining these proceedings, and that the duty has devolved on him of suppressing them by the authority of the country. I enclose to you the copy of a letter written to the several consuls and vice-consuls of France, warning them that this will be done if any repetition of these acts shall render it necessary. To the consul of France at Boston, no such letter has been written. A more serious fact is charged on him, which, if proved as there is reason to expect, will render the revocation of his Exequatur an act of immediate duty.
I have the honor to be, with great respect, Sir, your most obedient servant.
TO MR. GENET
Sir,—In a former letter which I had the honor of writing you, I mentioned that information had been received that M. Duplaine, vice-consul of France, at Boston, had been charged with an opposition to the laws of the land, of such a character, as if true would render it the duty of the President immediately to revoke the Exequatur, whereby he is permitted to exercise the functions of vice-consul in these United States. The fact has been since inquired into, and I now enclose you copies of the evidence establishing it; whereby you will perceive how inconsistent with peace and order it would be, to permit, any longer, the exercise of functions in these United States by a person capable of mistaking their legitimate extent so far, as to oppose, by force of arms, the course of the laws within the body of the country. The wisdom and justice of the government of France, and their sense of the necessity in every government, of preserving the course of the laws free and unobstructed, render us confident that they will approve this necessary arrestation of the proceedings of one of their agents; as we would certainly do in the like case, were any consul or vice-consul of ours to oppose with an armed force, the course of their laws within their own limits. Still, however, indispensable as this act has been, it is with the most lively concern, the President has seen that the evil could not be arrested otherwise than by an appeal to the authority of the country.
I have the honor to be, with great esteem and respect, your most obedient, and most humble servant.
TO –
Dear Sir,—I have carefully considered the question whether the President may call Congress to any other place than that to which they have adjourned themselves, and think he cannot have such a right unless it has been given him by the Constitution, or the laws, and that neither of these has given it. The only circumstance which he can alter as to their meeting, is that of time by calling them at an earlier day than that to which they stand adjourned, but no power to change the place is given. Mr. Madison happened to come here yesterday, after the receipt of your letter. I proposed the question to him, and he thinks there was particular caution intended and used in the direction of the Constitution, to avoid giving the President any power over the place of meeting; lest he should exercise it with local partialities. With respect to the Executive, the Residence law has fixed our office at Philadelphia till the year 1800, and therefore it seems necessary that we should get as near them as we may with safety. As to the place of meeting for the Legislature, were we authorized to decide that question, I should think it right to have it in some place in Pennsylvania, in consideration of the principles of the Residence bill, and we might furnish no pretext to that state to infringe them hereafter. I am quite unacquainted with Reading and its means of accommodation. Its situation is perhaps as little objectionable as that of Lancaster, and less so than Trenton or perhaps Wilmington. However, I think we have nothing to do with the question, and that Congress must meet in Philadelphia, even if it be in the open fields, to adjourn themselves to some other place. I am extremely afraid something has happened to Mr. Bankson, on whom I relied for continuance at my office. For two posts past I have not received any letter from him, nor dispatches of any kind. This involves new fears for the duplicates of those to Mr. Morris. I have the honor to be, with sentiments of the most perfect esteem and attachment, dear Sir, your most obedient, and most humble servant.
TO –. 3
I overtook the President at Baltimore, and we arrived here yesterday, myself fleeced of seventy odd dollars to get from Fredericksburg here, the stages running no further than Baltimore. I mention this to put yourself and Monroe on your guard. The fever in Philadelphia has so much abated as to have almost disappeared. The inhabitants are about returning. It has been determined that the President shall not interfere with the meeting of Congress. R. H. and K. were of opinion he had a right to call them to any place, but that the occasion did not call for it. I think the President inclined to the opinion. I proposed a proclamation notifying that the Executive business would be done here till further notice, which I believe will be agreed. H. R. Lewis, Rawle &c., all concur in the necessity that Congress should meet in Philadelphia, and vote there their own adjournment. If it shall then be necessary to change the place, the question will be between New York and Lancaster. The Pennsylvania members are very anxious for the latter, and will attend punctually to support it, as well as to support much for Muhlenburg, and oppose the appointment of Smith (S. C.) speaker, which is intended by the Northern members. According to present appearances this place cannot lodge a single person more. As a great favor, I have got a bed in the corner of the public room of a tavern; and must continue till some of the Philadelphians make a vacancy by removing into the city. Then we must give him from four to six or eight dollars a week for cuddies without a bed, and sometimes without a chair or table. There is not a single lodging house in the place. Ross and Willing are alive. Hancock is dead. Johnson of Maryland has refused Rec. L. and McE. in contemplation; the last least. You will have seen Genet's letters to Moultree and to myself. Of the last I know nothing but from the public papers;
See p. 31.
[Probably to Mr. Madison.]
"Thomas Jefferson presents his respects to Mr. Liston, and asks the favor of the passport for his friend Thomas Kanberg, of whom he spoke to him yesterday. He is a native of the north of Europe, (perhaps of Germany,) has been known to Thomas Jefferson these twenty years in America, is of a most excellent character, stands in no relation whatever to any of the belligerent powers, as to whom Thomas Jefferson is not afraid to be responsible for his political innocence, as he goes merely for his private affairs. He will sail from Baltimore, if he finds there a good opportunity for France; and if not, he will come on here. March 27, 1798."]