The Writings of Thomas Jefferson, Vol. 2 (of 9). Томас Джефферсон
if the holder would take it—that this was done by a previous contract. I gave him an extract of the letter, and he promised to inquire into it, and to use his influence that justice should be done you.
If you made an express contract for the prices you mention, without doubt you will be held to them. If you did not make a contract, I think it is as certain you will be entitled to the prices fixed by the government. Should they refuse justice, I am told you may have redress by application to a court on the spot, or to a tribunal at Paris, which takes cognizance of whatever relates to the farmers. But I believe, also, that the committee who proposed this regulation, are authorized to take cognizance of all infractions of it. As soon as I obtain an answer from the Farmers General, I will do myself the pleasure of communicating it to you. I am, with much respect, Sir, your most obedient, and most humble servant.
TO MR. CARMICHAEL
Sir,—Your favors of June 16th, July 15th, 18th and 31st, I have the honor now to acknowledge. I have been for a month past so closely employed, that it has been out of my power to do myself the pleasure sooner of writing to you on the several subjects they contain. I formerly wrote you the reason why Mr. Grand has not paid your bills; that is to say, the want of a letter of advice. As to the notary's calling on me as inserted in the protest, I do not remember that he did. Persons calling on me with demands on account of the United States, I generally refer to Mr. Grand, with information that I have nothing to do with the moneys of the United States. Mr. Grand, by refusing to make payments without my order in many cases, has obliged me to interfere till I could obtain instructions to him from the treasury as to the manner in which he should govern himself. With respect to your bill, I am thoroughly satisfied he had no reason for not paying it but the want of a letter of advice. Had there been one, I would have ordered the payment; but this being a caution required between private individuals, it was less to be dispensed with in the case of the public. I believe I may venture to assure you, that if you will always write a letter of advice with your bills, they will always be honored. If the mode of doing business at Madrid would admit their being drawn at so many days' sight, it would be better, because it would allow time to consult you, if the letter of advice is miscarried.
The first notice of them has been the demand of payment. However, this is not essential, nor anything else except the letter of advice—not even the having money in our funds here, for this sometimes happens. I had your last bills, those of Mr. Dumas, and some other federal demands, paid out of a sum of money lodged here by the State of Virginia for the purchase of arms. However, we have at present three months' supplies on hand. I am to thank you for the map which I received of Mr. Randall. Mr. Barclay has sent from Cadiz some of the books purchased there. Should you at any time meet with any of the others named in my catalogue, at reasonable prices, I will thank you to think of me. I paid Mr. Barclay's draught for those coming from Cadiz, and will answer yours, or find means of remitting the money to you for the map and such other books as you may be so good as to purchase for me. I return you, according to your desire, O'Bryan's letter, having sent copies of that and other papers you have forwarded me from time to time, as also an extract from your own letters on the Barclay affairs to Congress, and to Mr. Adams. Mr. Adams left London about the 3d or 4th instant, for the Hague, to exchange ratifications of our treaty with Prussia with the Baron de Thulemeyer, and also to take leave of their high-mightinesses, which he had not done before. I suppose that by this time he is returned to London. It is inconceivable to me what difficulties can have arisen on our treaty with Portugal. However, the delay of the signature indicates that there are such. You intimate the expediency of the mutual appointment of consuls between Denmark and us. But our particular constitution occasions a difficulty. You know that a consul is the creature of a convention altogether,—that without this he must be unknown, and his jurisdiction unacknowledged by the laws of the country in which he is placed. The will of the Sovereign in most countries can give a jurisdiction by a simple order. With us, the confederation admitting Congress to make treaties with foreign powers, they can by treaty or convention provide for the admission and jurisdiction of consuls and the confederation, and whatever is done under it, being paramount to the laws of the States, this establishes the power of the consuls. But without a convention, the laws of the States cannot take any notice of a consul, nor permit him to exercise any jurisdiction. In the case of Temple, the consul from England, therefore, Congress could only say he should have such power as the law of nations, and the laws of the States admitted. But none of the States having passed laws but for nations in alliance with us, Temple can exercise no jurisdiction nor authority. You ask in what state is our treaty with Naples? Congress gave powers to Mr. A., Dr. F. and myself, to form treaties of alliance and commerce with every nation in Europe with whom it could be supposed we should have an intercourse of any sort. These powers were to continue two years. We offered to treat with all nations. Prussia made a treaty with us. Portugal we expect does the same. Tuscany exchanged propositions backwards and forwards with us, but before they could be completed, our powers expired. The Emperor somewhat the same. But all other nations made professions of friendship, and said they supposed a commerce could be carried on without a treaty. Spain, you know, treats at New York. At present, therefore, we stand thus: France, the United Netherlands, Sweden and Prussia, are connected by treaty. Spain and Portugal will probably be so. Perhaps the powers may be renewed for the Emperor and Tuscany. But as to every other nation of Europe, I am persuaded Congress will never offer a treaty. If any of them should desire one hereafter, I suppose they will make the first overtures. In fact, the exclusion of our vessels from the English and Spanish American possessions in America, and the modified reception of them in the French islands, may render regulations on our part necessary, which might be embarrassed by a multiplication of treaties with other nations. I think, therefore, that at present Congress would not wish to make any other treaties than those actually in agitation with Spain and Portugal. A Commercial Congress is to meet to prepare an article defining the extent of the powers over commerce which it may be expedient to give to the United States in Congress assembled. Every State has appointed deputies to meet for this purpose, except Maryland, which declined it because they thought the established Congress might propose an article. It is thought they will still appoint, but that at any rate they will accede to what shall be done. Congress being once invested with these powers will be the less embarrassed in the system in proportion as their hands are less tied up by engagements with other powers. While Mr. A., Dr. F. and myself were here together, it was made a question whether we should send agents to the Barbary powers, or receive their agents here. As these would expect to be supported, we thought the former the more economical plan. An agent from Algiers to Madrid must have great presents, and be pompously supported. This induced us to send Mr. Lambe to Algiers. The possibility that mal-adroitness in him may leave something yet practicable by Mr. Barclay, may perhaps occasion a mission of this latter gentleman to Algiers. On this, I expect to hear from Mr. Adams as soon as he returns from the Hague. As to myself, I confess I expect nothing from Algiers, were we to send an angel, without more money than we are authorized to give them. We desired Mr. Lambe to repair to Congress, that he might, by his information, aid them in their decisions. He answers us by resigning his commission, saying that his health will not permit him either to go to Congress or to come to us; yet he desires we will settle his accounts. It would seem, then, as if he meant to live at Alicant, Carthagena, or somewhere there. Certainly we cannot go to him. If he has still money in your banker's hands belonging to the United States, and you judge from any circumstances that it ought to be stopped, be so good as to write us on the subject, and in the meantime to stop it. You observe, that I do not write to you on foreign subjects. My reason has been, that our letters are often opened; and I do not know that you have yet received the cypher Mr. Barclay was to leave with you. If you have not, be so good as to ask a copy of his, which being already in the hands of Mr. Jay, Mr. Adams, and myself, will enable you to write in cypher to any of us. Indeed, I wish you could get the one from Mr. Lambe, which is a copy. I have seen the Chevalier de Burgoyne two or three times, and was much pleased with him. He expressed great friendship for you. I have not yet seen Mr. Calver, but shall surely pay all the attention I can to him, as well as to any other person you may be so kind as to recommend. My letters and papers from America come down to the last week in June. They inform me that treaties are concluded with most of the Indian nations within our boundaries, that lands are purchased of them, and Hutchins, the surveyor for the United