Papers of John Adams, volume 21
r.19
th.1794.
I venture again upon the Score of Your Candour and Friendship, at the Commencement of another Session of Congress, to draw upon you, for some Share of that Time, which I hope more important Concerns, will suffer You to bestow;—at least I solicit for the Crumbs which may fall from the political Table.— During the Recess from the last Sessions, the Ship has been tossed by violent Gales, and the Crew have been roughly handled.— The very Captain has been threatned;— His Zeal, Knowledge Prudence, Power, nay His very Heart and Intentions have been questioned, in a Cause wherein His own Honor, Fortune and Life have been interested, equally, if not more than all the People on Board1 But the Ship has nearly weathered the Storm, and those who blew it up, begin to sink in Their Hopes, and fall back into the Cloud They had produced.— It is to be lamented that after Days spent, wavering upon a Question of Decisiveness,—The Executive and the Senate, should not find Themselves more decidedly supported;—and every Hope destroyd of Jacobin self created Societies. I hope however they may not derive much Courage from the Manner in which the Subject has been handled, or in which it finally stands— If Chief Justice Jay should be mainly successful; I think the Enemies to Our Peace, will be totally overthrown.— The Convention of France seem to be drawn into a Necessity, of soon comeing to a full Tryal with the Jacobins.— The Decission must be most important;—more so than any Battle fought against the foreign Powers opposed to Them.—
Pray may we learn what are the true Features of Judge Jays Negotiation;—may we expect a satisfactory Settlement of the Posts?—And in the Issue of legal Decissions, if Captors,—Their Bondsmen &c are unable to render Satisfaction,—or Tricks shall have been played off, by inadequate Valuations of Property condemned &c, will the Government of Britain yeild the Satisfaction justly due?—
If at any Time I ask improper Questions, You will answer them or not, or in such Manner as you please:— No improper Use however will be made of them;—Nor Your Name committed—
347A British Subject files a Libel before a Court of
Admiralty here, setting forth that on the 27th.
day of July 1794. He was Owner of a certain Brig & Cargo. That on the
high Seas duly prosecuting her Voyage; She
was chased and taken into Custody by the Master, Mariners and Marines of two
armed Vessells, by Persons to them unknown— That afterwards on the2 day of the sd. Brig was brought into the Dist: of under
the Care of J. B. as Master thereof,—That the said Brig was afterwards on
the day of sold at within said Dist: for the sum of by order
of the sd. J.B. and the neat Proceeds thereof
put into the Hands of W.P. and are now remaining in His Hands;—and even
further, that since the 5 th. day of June 1794. one of the said Vessells called the
S. was wholly and originally fitted out, and that the Force of the other of
said Vessells called the S.P. was increased and augmented by adding to the
number of Guns and Gun Carriages on Board the same at the Port of C. in the
Dist: of S. C. with an Intent to be imployed in the Service of the Rep
s.of France to cruise and commit Hostillities upon the Subjects of the King of G. Britain, with whom the U. S. are at Peace; And on the same 27
th.day of July 1794. there was on Board the said armed Vessells as Mariners and Marines diverse Citizens of the U.S. to wit on Board the Vessell called the S.P. 12, and on Board the s
d.Vessell called the S. 21. all of whom were entered on Board the same Vessells at s
d.C, since the s
d.5
th.day of June 1794. and were aiding and assisting in the taking of the said Brig;—And praying Restoration out of the Proceeds arising from the s
d.Sale, and that the s
d.W.P. be compelled to give Caution to pay the Money, if Restoration shall be adjudged &c
Upon the foregoing Statement, is the same Cognizable by the Admiralty Courts of the U.S.— And if Cognizable, and the Facts should be well supported, ought Restoration to be adjudged?—3
I have a Petition upon your Table4 lodged at the last Sessions:— This
Application was very disagreable to me, but I found an absolute Necessity
for it, unless I would either beggar my Family, or reduce myself to a
Condition of living, not only much below the Œconomical Prudence of former
Times, but lay myself under a denial of every social Friend to my Table.— I
did hope to preserve my hard Earnings in my Profession, for the small
Advancement of my Family, or Their Support when I should be called from
Them;—but I have been obliged to spend every Farthing of the Profits of my
private Interest in the Expences of my Family, restricted in Our Expences
more than it ever 348 had
been. And how moderate that had ever been, Our Members in Congress well
know.— Every Person living by Salaries, must have experienced the rapid Rise
of the necessaries of Life to, at least 25 per Cent:— Unhappy is the State
of Widows and Orphans and those who live by the Interest of Their Money or
on Salaries;—And I expect, what with the unmerited Abuse, and the Neglect
experienced by the Servants of the Publick, all who are honest and do not
speculate, or peculate, will be driven from Their Offices. This I will
endeavour to bear up against, while I have any good Company with all the
Fortitude in my Power. But my Petition is not grounded on the general Evil
or Calamity; but in what I presume was a Mistake, or for want of Information
at my first Appointment, or rather when the Salary for the Judge of this
District was first fixed.— We had no Members in Congress,—This State was
under a Cloud; It’s Productiveness to the Revennue was not properly
conceived of;—Nor the Proportion of publick Business which It’s Officers
would have:—Yet the House of Representatives at that Time put the Salary at
1000 Dollars:— A mere Motion in the Senate without the least Argument or
Discussion reduced it to 800 Dol: as appears by Your Journals.— I wish Your
perusal of that Petition and Your Opinion of its Merits and Success.— If the
Principles I have stated in it are right, there is the most forcable Reason
as I conceive, that I should be considered for the past, as well as the
future.— Should it be said I ought to have applied before, Our Members can
answer, that my Application to Them, was made long ago; but such has been
the Multiplication of Business publick and private, that They modestly from
Time to Time gave way under the Apprehension, it would finally make no Odds
on that Score.— However the Matters stated in my Petition may strike Others;
They are Facts, and strike my Mind (interested indeed) very forcably— If I
can be placed upon a just Proportion as to living with my Brethren;—I will
struggle with Them as before observed in the general Disadvantages, till I
find I cannot live by what the publick may afford me, with my own
Resources:—But I wish Congress to sever the partial Situation I am in, as I
conceive from a Want of proper Information and Representation at first, from the general Inconvenience all
Officers under Salaries are under.—
You will kindly excuse this disagreable Subject.— I have
hitherto been sparing upon it; and do not mean to repeat it.— If Mrs. Adams is with You, I beg You to present
mine, and my Familys Respects to Her.— With unremitted Regard and Respect I
am dear Sir, your sincere / Friend and Servant
RC (Adams Papers); internal address: “His Excellency, John Adams
Esqr. President &c”; endorsed: “Mr Marchant Decr 19th. / ansd Jan. 16. 1795.”
Marchant referred to George Washington and the
political consequences of suppressing the Whiskey Rebellion, for which
see the Senate’s [22 Nov.] address to Washington,
and note 2, above.
Here and below, blanks in MS.
The British brig Perseverance, Capt. James Drysdale, was sailing from Turks
Islands to New Brunswick, Canada, when it was captured by the French
privateer schooner Sans Pareille, Capt.
Jean Bouteille. Crew member Jean Baptiste Bernard brought the brig into
Newport, R.I., as a prize on 13 August. Following federal protocols,
Rhode Island governor Arthur Fenner seized the Perseverance and charged that the Sans
Pareille was an illegal American privateer outfitted in
Charleston, S.C. Jean Antoine Joseph Fauchet, the French minister to the
United States, swiftly intervened, successfully arguing that the Sans Pareille was outfitted in
Cap-Français, St. Domingue, and was therefore a legal French privateer.
Neither the second vessel (“S.”) nor the recipient (“W.P.”) of the prize
money for the brig has been identified. Meanwhile, British shipowner
Thomas Jennings sued in the U.S. District Court of Rhode Island in
September, but the French captors won in Aug. 1795. Subsequent British
appeals failed, with the U.S. Supreme Court upholding the original
decision in Jennings v. The Brig Perseverance in Feb. 1797 (London True Briton, 9 Oct. 1794; Melvin H.
Jackson, Privateers in Charleston,
1793–1796, Washington, D.C., 1969, p. 14; Rhode-Island Museum, 18 Aug.; Hamilton, Papers
, 17:112–113; David Sloss,
“Judicial Foreign Policy: Lessons from the 1790s,” Saint Louis University Law Journal, 53:177
[Fall 2008]). For JA’s view on privateers operating out of
U.S. ports, see his 16
Jan. 1795 reply to Marchant, below.
Marchant’s petition regarding his salary reached the
Senate on 24 April 1794 and was tabled. Rhode Island senator Theodore
Foster presented it again on 18 Feb. 1795. Marchant reminded the Senate
that Rhode Island’s tardy ratification of the Constitution excluded it
from framing the Impost Act of 1789, and that with state commerce
rising, he needed an increase in his salary. On 18 Feb. 1795, Delaware
judge Gunning Bedford Jr. petitioned the House of Representatives for an
increase. Two days later, Foster introduced a bill to increase
Marchant’s salary by $200, and, after a second reading, the Senate also
awarded Bedford extra compensation. The Senate passed the bill on 23
Feb., and the House agreed the next day. Three days later, Washington
signed it into law. For JA’s efforts to raise judicial
salaries, see his 16
Jan. reply to Marchant, below (
Doc. Hist. Supreme
Court
, 4:215).
st.1794.
I hear of a vessel to sail in two or three days from the Texel,1 and cannot lose any opportunity to write you directly from hence at this time; as the severity of the season will in all probability soon close the rivers and suspend the expedition of any more vessels for a month or two.
But I have nothing very material to say. In my letters as well to the Secretary of State (which I am afraid have been longer if not more frequent than he will think was necessary) as to yourself hitherto, I have endeavoured to give a view of the present state of parties, opinions and measures of this Country at the present moment. Upon this subject there is nothing to add, and as to the article of 350 news, I shall soon cease writing any thing relative to it; since I find that the intelligence which might be supposed to bear the best marks of authencity is as frequently erroneous as any other.
We have at this moment a rumour which has darted like
lightening through the whole Province of Holland, and which is propagated in
such a manner, that there can be no doubt but it is indirectly countenanced
by the Court. It is that two Commissioners are appointed to proceed
immediately to Paris for the negociation of a peace and Mr. Brantzen the former Ambassador extraordinary
in France, and Mr: Repelaar a burgomaster of
Dort, are named as the persons. This intelligence is probably not true; but
it is affirmed with the most undoubting confidence by people connected with
the court, and has given great Spirits to the Orange partizans.2
I say it is probably not true, because it is hardly
conceivable that Britain should consent to a separate negociation on the
part of this Country, or that she should join in a general negociation as yet. and it is equally difficult to suppose
that the Court here, that is the governing
power should so far disencumber itself from british thraldom, as to
negociate separately and in a public manner for peace without their
consent.
To say that the Government of Great-Britain has great influence over the counsels of this Country,
would be inaccurate. The observation that Louis the fourteenth had great
influence in France, or Frederic the Great in Prussia would be thought
ridiculous.
In my Letter to the Secretary of State (N. 13.) I have stated the motives which operate to maintain this british efficacy, at a time when the circumstances of the Country so imperiously command a peace with the french republic: and have explained as clearly as I can the singular concurrence of events which has reconciled the policy of the ruling power with the most ardent wishes of the patriotic party.3
But the adherents of the Stadtholder who are not
immediately dependent upon him or his family, and those whose principal
property is not in the british funds, are not satisfied with that extreme
devotion to an ally which would involve their
ruin in the continuance of the war. They loudly call for Peace, which
necessarily implies the abandonment of their present alliance; and it is
found expedient to amuse them with expectations, which in all probability it
is never intended to realize.
The report of a truce upon the Waal, at the request of General Pichegru is connected
with that of the Commissioners to go to 351 Paris,
and is equally suspicious.4
About ten days since, an attempt was made by the french army to cross that
river in several different places but without success. The season begins to
grow severe; the canals through the country are already closed; the weather
still continues cold, and a few more such days as the present may construct
a bridge for the french army which will make it impossible to prevent their
passage. In that case there is little doubt but they will advance as far as
Utrecht.
Among the difficulties with which the Government is
compelled to struggle, the want of money, is one of the most important. The
weight of taxation with which these Provinces are burdened in ordinary times
is well known to you. It has already been aggravated to the extremity of
sufferance, yet the public treasury is empty. The public credit of course is
proportionably impaired. The obligations of the Province of Holland, which
you have always known at par and generally higher, have depreciated to 55
and even 50 per cent. New loans have been attempted and totally failed. The
dangerous and extreme resource of a paper currency has already been resorted
to, and an emission of five millions of guilders has taken place to supply
the impending contingency of public payments. The circulation of this paper
it is said will be voluntary as to the people in general, and compulsive
only upon the persons in office. But this regulation must be intended only
to facilitate the introduction of the paper to the public, and there is
little reason to doubt that its acceptance in all payments will be enforced very soon by the sanction of the
Law.
But if this republic is so much exhausted, that of France
appears to be nearly in the same condition. The price of several necessary
articles of life published in the Paris papers proves the fact, even with
every proper allowance for the depreciation of the Assignats. The scarcity
of bread at this early period after the produce of the Harvest, is
unquestionably great in many parts of that Country; probably in all. The
parties in the Convention, become more and more inveterate against each
other. The Jacobins though suppressed have left a powerful party behind
them. Peace upon honourable terms with all the combined powers except
Britain is professedly the object of the moderates, and amid the discordant
symptoms of the public opinion, their system
appears upon the whole to be the most popular.
I have as yet received no Letters from America. As the
present situation of this Country may perhaps in some measure interrupt a
352 direct communication from thence, I
must urgently solicit you to write me by the way of England. Please to
enclose your letters under cover either to Mr:
Pinckney or Mr: Johnson our Consul at London. As
long as the present state of affairs continues, that will probably be the
most expeditious mode of conveyance.
I perceive that the Dutch Resident at Philadelphia does
not write to his constituents so frequently, nor give them so particular
accounts of American affairs, as would be necessary to give them entire
satisfaction. If he is well disposed towards our Country, and would be
likely to make a just representation of things I could wish he had some
friend who should in a delicate manner intimate this circumstance to him. It
would certainly render him a service, and might
be useful to the interests of the United States. If he has prejudices
against us, it may be as well to let him receive the knowledge of this fact
from his employers. I shall submit to your judgment whether it is proper
that it should be known to the President, and the Secretary of State from me. I have not mentioned it in my official
Letters, nor confidentially to any person but yourself, from the
consideration which I think is due from me to the person holding the station
in America, correspondent to my own in this Country. If you think the
communication can be of any public utility, I must request of your goodness
to make it, and can only add the assurance that I am with invariable duty
and affection / Your Son
RC (Adams Papers); internal address: “The Vice-President.”;
endorsed: “N. 5. / J. Q. Adams. Decr. 21 /
The Hague.” LbC (Adams
Papers); APM Reel
126.
This was likely the George, Capt. Lowe, which sailed from Texel, Netherlands, on 9
Jan. 1795 and arrived in Baltimore on 1 April (Philadelphia Gazette, 4 April).
For Dutch negotiator Gerard Brantsen, who undertook a
peace mission to France in 1782, see vol. 13:xii–xiii. Orangist Ocker
Repelaer van Driel (1759–1832), of Dordrecht, Netherlands, joined the
city council in 1787 and was arrested as a royalist in 1795. The pair of
statesmen tried to negotiate a truce with France from Nov. 1794 to Feb.
1795 but were unsuccessful because the Orangists had lost control of the
Netherlands (Biografisch Portaal
van Nederland; Schama, Patriots and Liberators
,
p. 184, 198).
JQA’s No. 13 letter was his 15 Dec. 1794 report to Edmund Randolph. He reported that the French Army had resumed its offensive and would likely cross the Waal River. JQA described the teetering state of the Orangists and Patriot Party, as well as an Orangist offshoot known as the Peace Party that was willing to break the Dutch alliance with Great Britain. JQA warned that a new Dutch government might conclude peace with France, triggering a civil war (DNA:RG 59, Despatches from United States Ministers to the Netherlands, 1794–1906, Microfilm, Reel 1, f. 57–62).
Gen. Charles Pichegru (1761–1804) commanded the
French Army of the Rhine. Despite Orangist hopes, he pressed on with the
Flanders campaign. For the freezing of the Waal River and the subsequent
victories of the French in the Netherlands, see JQA’s 23 Oct. letter, and note 4,
above (
AFC
, 10:274;
Schama, Patriots and Liberators
, p.
184).