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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