The Writings of Thomas Jefferson, Vol. 3 (of 9): Being His Autobiography, Correspondence, Reports, Messages, Addresses, and Other Writings, Official and PrivateJefferson, Thomas
History
The Writings of Thomas Jefferson, Vol. 3 (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
I enclose you sundry papers, by which you will perceive, that the
expression in the eleventh article of our treaty of amity and commerce
with France, viz. "that the subjects of the United States shall not be
reputed Aubaines _in France_, and consequently shall be exempted from
the Droit d'Aubaine, or other similar duty, under what name soever," has
been construed so rigorously to the letter, as to consider us as Aubaines
in the _colonies_ of France. Our intercourse with those colonies is so
great, that frequent and important losses will accrue to individuals, if
this construction be continued. The death of the master or supercargo
of a vessel, rendered a more common event by the unhealthiness of the
climate, throws all the property which was either his, or under his
care, into contest. I presume that the enlightened Assembly now engaged
in reforming the remains of feudal abuse among them, will not leave so
inhospitable an one as the Droit d'Aubaine existing in France, or any of
its dominions. If this may be hoped, it will be better that you should
not trouble the minister with any application for its abolition in the
colonies as to us. This would be erecting into a special favor to us,
the extinction of a general abuse, which will, I presume, extinguish of
itself. Only be so good as to see, that in abolishing this odious law
in France, its abolition in the colonies also, be not omitted by mere
oversight; but if, contrary to expectations, this fragment of barbarism
be suffered to remain, then it will become necessary that you bring
forward the enclosed case, and press a liberal and just exposition of our
treaty, so as to relieve our citizens from this species of risk and ruin
hereafter. Supposing the matter to rest on the eleventh article only, it
is inconceivable, that he, who with respect to his personal goods is as a
native citizen in the mother country, should be deemed a foreigner in its
colonies. Accordingly, you will perceive by the opinions of Dr. Franklin
and Dr. Lee, two of our ministers who negotiated and signed the treaty,
that they considered that rights stipulated for us _in France_, were meant
to exist in all the _dominions of France_.
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