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        SOME THOUGHTS ON TREATIES







        _To James Monroe_



        _Paris, June 17, 1785_







        DEAR SIR, -- I received three days ago your favor of Apr. 12.



You therein speak of a former letter to me, but it has not come to



hand, nor any other of later date than the 14th of December.  My last



letter to you was of the 11th of May by Mr. Adams who went in the



packet of that month.  These conveiances are now becoming deranged.



We have had expectations of their coming to Havre which would



infinitely facilitate the communication between Paris & Congress: but



their deliberations on the subject seem to be taking another turn.



They complain of the expence, and that their commerce with us is too



small to justify it.  They therefore talk of sending a packet every



six weeks only.  The present one therefore, which should have sailed



about this time, will not sail until the 1st of July.  However the



whole matter is as yet undecided.  I have hoped that when Mr. St.



John arrives from N. York he will get them replaced on their monthly



system.  By the bye what is the meaning of a very angry resolution of



Congress on this subject?  I have it not by me and therefore cannot



cite it by date, but you will remember it, and will oblige me by



explaining it's foundation.  This will be handed you by Mr.  Otto who



comes to America as Charge des Affaires in the room of Mr.  Marbois



promoted to the Intendancy of Hispaniola, which office is next to



that of Governor.  He becomes the head of the civil as the Governor



is of the military department.  I am much pleased with Otto's



appointment.  He is good humored, affectionate to America, will see



things in a friendly light when they admit of it, in a rational one



always, and will not pique himself on writing every trifling



circumstance of irritation to his court.  I wish you to be acquainted



with him, as a friendly intercourse between individuals who do



business together produces a mutual spirit of accommodation useful to



both parties.  It is very much our interest to keep up the affection



of this country for us, which is considerable.  A court has no



affections, but those of the people whom they govern influence their



decisions even in the most arbitrary governments. -- The negociations



between the Emperor & Dutch are spun out to an amazing length.  At



present there is no apprehension but that they will terminate in



peace.  This court seems to press it with ardour and the Dutch are



averse considering the terms cruel & unjust as they evidently are.



The present delays therefore are imputed to their coldness & to their



forms.  In the mean time the Turk is delaying the demarcation of



limits between him and the emperor, is making the most vigorous



preparations for war, and has composed his ministry of war-like



characters deemed personally hostile to the emperor.  Thus time seems



to be spinning outboth by the Dutch & Turks, & time is wanting for



France.  Every year's delay is a great thing to her.  It is not



impossible therefore but that she may secretly encourage the delays



of the Dutch & hasten the preparations of the Porte while she is



recovering vigour herself and, in order to be able to present such a



combination to the emperor as may dictate to him to be quiet.  But



the designs of these courts are inscrutable.  It is our interest to



pray that this country may have no continental war till our peace



with England is perfectly settled.  The merchants of this country



continue as loud & furious as ever against the Arret of August 1784,



permitting our commerce with their islands to a certain degree.  Many



of them have actually abandoned their trade.  The Ministry are



disposed to be firm, but there is a point at which they will give



way, that is if the clamours should become such as to endanger their



places.  It is evident that nothing can be done by us, at this time,



if we may hope it hereafter.  I like your removal to N. York, and



hope Congress will continue there and never execute the idea of



building their federal town.  Before it could be finished a change of



Members in Congress or the admission of new states would remove them



somewhere else.  It is evident that when a sufficient number of the



Western states come in they will remove it to George town.  In the



mean time it is our interest that it should remain where it is, and



give no new pretensions to any other place.  I am also much pleased



with the proposition to the states to invest Congress with the



regulation of their trade, reserving it's revenue to the states.  I



think it a happy idea, removing the only objection which could have



been justly made to the proposition.  The time too is the present,



before the admission of the Western states.  I am very differently



affected towards the new plan of opening our land office by dividing



the lands among the states and selling them at vendue.  It separates



still more the interests of the states which ought to be made joint



in every possible instance in order to cultivate the idea of our



being one nation, and to multiply the instances in which the people



shall look up to Congress as their head.  And when the states get



their portions they will either fool them away, or make a job of it



to serve individuals.  Proofs of both these practices have been



furnished, and by either of them that invaluable fund is lost which



ought to pay our public debt.  To sell them at vendue, is to give



them to the bidders of the day be they many or few.  It is ripping up



the hen which lays golden eggs.  If sold in lots at a fixed price as



first proposed, the best lots will be sold first.  As these become



occupied it gives a value to the interjacent ones, and raises them,



tho' of inferior quality, to the price of the first.  I send you by



Mr. Otto a copy of my book.  Be so good as to apologize to Mr.



Thomson for my not sending him one by this conveiance.  I could not



burthen Mr. Otto with more on so long a road as that from here to



l'Orient.  I will send him one by a Mr. Williams who will go ere



long.  I have taken measures to prevent it's publication.  My reason



is that I fear the terms in which I speak of slavery and of our



constitution may produce an irritation which will revolt the minds of



our countrymen against reformation in these two articles, and thus do



more harm than good.  I have asked of Mr. Madison to sound this



matter as far as he can, and if he thinks it will not produce that



effect, I have then copies enough printed to give one to each of the



young men at the college, and to my friends in the country.







        _I am sorry_ to see a possibility of _A. L.'s being put into_



the _Treasury.  He_ has no _talents_ for the _office_, and what _he



has_ will be _employed_ in _rummaging old accounts_ to _involve_ you



in _eternal war with R. M._ and _he_ will in a short time _introduce_



such _dissensions_ into the _Commission_ as to _break it up_.  If _he



goes_ on the _other appointment to Kaskaskia he will produce a



revolt_ of that _settlement from_ the _U. S. I thank you_ for _your



attention_ to _my outfit.  For_ the _articles_ of _household



furniture_, _clothes_, and a _carriage_, _I have already paid 28,000



livres_ and _have_ still _more_ to _pay._ For the _greatest part_ of



_this I_ have _been obliged_ to _anticipate my salary_ from which



_however I_ shall never be able to _repay_ it.  _I find_ that by a



_rigid economy_, _bordering_ however on _meanness I_ can _save_



perhaps _$500_ a _month_, at _least_ in _the summer._ The _residue_



goes for _expences_ so much of _course_ & of _necessity that I_



cannot _avoid_ them _without abandoning all respect_ to _my public



character.  Yet I_ will _pray you to touch_ this _string_, which _I



know to be a tender one_ with _Congress_ with the utmost _delicacy.



I_ had _rather be ruined_ in _my fortune_, than in their _esteem._ If



they _allow me half_ a _year's salary_ as an _outfit I_ can _get



through my debts in time.  If they raise_ the _salary_ to what _it





was, or even pay our house rent_ & _taxes, I_ can _live with more



decency.  I trust_ that _Mr. A.'s house_ at _the Hague_ & _Dr. F.'s



at Passy_ the _rent_ of which had been always _allowed him_ will



_give just expectations_ of the _same allowance_ to _me.  Mr. Jay_



however did not _charge it.  But he lived oeconomically_ and _laid up



money._ I will take the liberty of hazarding to you some thoughts on



the policy of entering into treaties with the European nations, and



the nature of them.  I am not wedded to these ideas, and therefore



shall relinquish them chearfully when Congress shall adopt others,



and zealously endeavor to carry theirs into effect.  First as to the



policy of making treaties.  Congress, by the Confederation have no



original and inherent power over the commerce of the states.  But by



the 9'th. article they are authorized to enter into treaties of



commerce.  The moment these treaties are concluded the jurisdiction



of Congress over the commerce of the states springs into existence,



and that of the particular states is superseded so far as the



articles of the treaty may have taken up the subject.  There are two



restrictions only on the exercise of the power of treaty by Congress.



1'st. that they shall not by such treaty restrain the legi...
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