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The Writings of Thomas Jefferson, Vol. 4 (of 9)


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an extempore answer, I instantly said something resuming the preceding thread of conversation, which went on, and no more was said about Mr. Morris. From this, I took it for granted, he meant now to come forth formally with complaints against Mr. Morris, as we had been given to expect, and therefore I mentioned nothing of this little expression to the President. Time slipped along; I expecting his complaints, and he not making them. It was undoubtedly his office to bring forward his own business himself, and not at all mine, to hasten or call for it; and if it was not my duty, I could not be without reasons for not taking it on myself officiously. He at length went to New York, to wit, about the * * * * * of * * * * * without having done anything formally on this subject. I now became uneasy lest he should consider the little sentence he had uttered to me as effectually, though not regularly, a complaint; but the more I reflected on the subject, the more impossible it seemed that he could have viewed it as such; and the rather, because, if he had, he would naturally have asked from time to time, "Well, what are you doing with my complaint with Mr. Morris?" or some question equivalent. But he never did. It is possible I may, at other times, have heard him speak unfavorably of Mr. Morris, though I do not recollect any particular occasion; but I am sure he never made to me any proposition to have him recalled. I believe I mentioned this matter to Mr. Randolph before I left Philadelphia: I know I did after my return; but I did not to the President till the receipt of Mr. Genet's letter of September 30, which, from some unaccountable delay of the post, never came to me in Virginia, though I remained there till October 25 (and received there three subsequent mails), and it never reached me in Philadelphia, till December 2.

      The preceding is the state of this matter, as nearly as I can recollect it at this time, and I am sure it is not materially inaccurate in any point.

      TO MR. CHURCH

Philadelphia, December 11, 1793.

      Sir,—The President has received your letter of August 16, with its enclosures. It was with deep concern that he learnt the unhappy fortunes of M. de La Fayette, and that he still learns his continuance under them. His friendship for him could not fail to impress him with the desire of relieving him, and he was sure that in endeavoring to do this, he should gratify the sincere attachments of his fellow citizens. He has accordingly employed such means as appeared the most likely to effect his purpose; though, under the existing circumstances, he could not be sanguine in their obtaining very immediately the desired effect. Conscious, however, that his anxieties for the sufferer flow from no motives unfriendly to those who feel an interest in his confinement, he indulges their continuance, and will not relinquish the hope that the reasons for this security will at length yield to those of a more benign character.

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

      TO MR. HAMMOND, MINISTER PLENIPOTENTIARY OF GREAT BRITAIN

Philadelphia, December 15, 1793.

      Sir,—I am to acknowledge the honor of your letter of November 30th, and to express the satisfaction with which we learn, that you are instructed to discuss with us the measures, which reason and practicability may dictate, for giving effect to the stipulations of our treaty, yet remaining to be executed. I can assure you, on the part of the United States, of every disposition to lessen difficulties, by passing over whatever is of smaller concern, and insisting on those matters only, which either justice to individuals or public policy render indispensable; and in order to simplify our discussions, by defining precisely their objects, I have the honor to propose that we shall begin by specifying, on each side, the particular acts which each considers to have been done by the other, in contravention of the treaty. I shall set the example.

      The provisional and definitive treaties, in their 7th article, stipulated that his "Britannic Majesty should, with all convenient speed, and without causing any destruction, or carrying away any negroes, or other property, of the American inhabitants, withdraw all his armies, garrisons, and fleets, from the said United States, and from every port, place, and harbor, within the same."

      But the British garrisons were not withdrawn with all convenient speed, nor have ever yet been withdrawn from Machilimackinac, on Lake Michigan; Detroit, on the strait of Lakes Erie and Huron; Fort Erie, on Lake Erie; Niagara, Oswego, on Lake Ontario; Oswegatchie, on the river St. Lawrence; Point Au-fer, and Dutchman's Point, on Lake Champlain.

      2d. The British officers have undertaken to exercise a jurisdiction over the country and inhabitants in the vicinities of those forts; and

      3d. They have excluded the citizens of the United States from navigating, even on our side of the middle line of the rivers and lakes established as a boundary between the two nations.

      By these proceedings, we have been intercepted entirely from the commerce of furs with the Indian nations, to the northward—a commerce which had ever been of great importance to the United States, not only for its intrinsic value, but as it was the means of cherishing peace with those Indians, and of superseding the necessity of that expensive warfare we have been obliged to carry on with them, during the time that these posts have been in other hands.

      On withdrawing the troops from New York, 1st. A large embarkation of negroes, of the property of the inhabitants of the United States, took place before the commissioners on our part, for inspecting and superintending embarkations, had arrived there, and without any account ever rendered thereof. 2d. Near three thousand others were publicly carried away by the avowed order of the British commanding officer, and under the view, and against the remonstrances of our commissioners. 3d. A very great number were carried off in private vessels, if not by the express permission, yet certainly without opposition on the part of the commanding officer, who alone had the means of preventing it, and without admitting the inspection of the American commissioners; and 4th. Of other species of property carried away, the commanding officer permitted no examination at all. In support of these facts, I have the honor to enclose you documents, a list of which will be subjoined, and in addition to them, I beg leave to refer to a roll signed by the joint commissioners, and delivered to your commanding officer for transmission to his court, containing a description of the negroes publicly carried away by his order as before mentioned, with a copy of which you have doubtless been furnished.

      A difference of opinion, too, having arisen as to the river intended by the plenipotentiaries to be the boundary between us and the dominions of Great Britain, and by them called the St Croix, which name, it seems, is given to two different rivers, the ascertaining of this point becomes a matter of present urgency; it has heretofore been the subject of application from us to the Government of Great Britain.

      There are other smaller matters between the two nations, which remain to be adjusted, but I think it would be better to refer these for settlement through the ordinary channel of our ministers, than to embarrass the present important discussions with them; they can never be obstacles to friendship and harmony.

      Permit me now, sir, to ask from you a specification of the particular acts, which, being considered by his Britannic Majesty as a non-compliance on our part with the engagement contained in the 4th, 5th, and 6th articles of the treaty, induced him to suspend the execution of the 7th, and render a separate discussion of them inadmissible. And accept assurances, &c.

      TO THE ATTORNEY GENERAL OF THE UNITED STATES

Philadelphia, December 18, 1793.

      Sir,—The Minister Plenipotentiary of France has enclosed to me a copy of a letter of the 16th instant, which he addressed to you, stating that some libellous publications had been made against him by Mr. Jay, Chief Justice of the United States, and Mr. King, one of the Senators for the State of New York, and desiring that they might be prosecuted. This letter has been laid before the President, according to the request of the minister; and the President, never doubting your readiness on all occasions to perform the functions of your office, yet thinks it incumbent on him to recommend it specially on the present occasion, as it concerns a public character peculiarly entitled to the protection of the laws. On the other hand, as our citizens ought not to be vexed with groundless prosecutions, duty to them requires it to be added, that if you judge the prosecution in question to be of that nature, you consider this recommendation as not extending to it; its only object being to engage you to proceed in this case according to the duties of your office, the laws