The Writings of Thomas Jefferson, Vol. 2 (of 9): Being His Autobiography, Correspondence, Reports, Messages, Addresses, and Other Writings, Official and Private — John Shaqi
The Writings of Thomas Jefferson, Vol. 2 (of 9): Being His Autobiography, Correspondence, Reports, Messages, Addresses, and Other Writings, Official and PrivateJefferson, Thomas
History
The Writings of Thomas Jefferson, Vol. 2 (of 9): Being His Autobiography, Correspondence, Reports, Messages, Addresses, and Other Writings, Official and Private
Jefferson, Thomas
United States -- Politics and government -- 1775-1783; United States -- Politics and government -- 1783-1865
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.
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