institution, it will be better to make no application to Congress on that subject, or any other, in their associated character. 2. If they should propose to modify it, so as to render it unobjectionable, I think it would not be effected without such a modification as would amount almost to annihilation: for such would it be to part with its inheritability, its organization, and its assemblies. 3. If they shall be disposed to discontinue the whole, it would remain with them to determine whether they would choose it to be done by their own act only, or by a reference of the matter to Congress, which would infallibly produce a recommendation of total discontinuance.

You will be sensible, Sir, that these communications are without reserve. I supposed such to be your wish, and mean them but as materials, with such others as you may collect, for your better judgment to work on. I consider the whole matter as between ourselves alone, having determined to take no active part in this or any thing else, which may lead to altercation, or disturb that quiet and tranquillity of mind, to which I consign the remaining portion of my life. I have been thrown back by events, on a stage where I had never more thought to appear. It is but for a time, however, and as a daylaborer, free to withdraw, or be withdrawn at will. While I remain, I shall pursue in silence the path of right, but in every situation, public or private, I shall be gratified by all occasions of rendering you service, and of convincing you there is no one, to whom your reputation and happiness are dearer than to, Sir, your most obedient and most humble servant.'

The sentiments of Mr Jefferson on the subject of the Cincinnati, were the sentiments of a majority of the members of Congress; and they soon animated the mass of the people. General Washington was oppressed with solicitude; he weighed the considerations submitted to him, with intense deliberation; and although conscious of the purity of the motives in which the institution originated, he became sensible that it might produce political evils, which the warmth of those motives had disguised. But whether so or not, the fact that a ma

jority of the people were opposed to it, was a sufficient motive with him for desiring its immediate suppression. The first annual meeting was to be held in May ensuing, at Philadelphia; it was now at hand; and he went to it with the determination to exert all his influence for its annihilation. He proposed the matter to his fellowofficers, and urged it with all his powers. 'It met with an opposition,' says Mr Jefferson, which was observed to cloud his face with an anxiety, that the most distressful scenes of the war had scarcely ever produced. The question of dissolution was canvassed for several days, and, at length, the order was on the point of receiving its annihilation, by the vote of a great majority of its members. At this moment, their envoy arrived from France, charged with letters from the French officers, accepting cordially the proposed badges of fellowship, with solicitations from others to be received into the order, and the recognition of their magnanimous sovereign. The prospect was now changed. The question assumed a new form. After an offer made by themselves, and accepted by their friends, in what words could they clothe a proposition to retract it, which would not cover themselves with the reproaches of levity and ingratitude? which would not appear an insult to those whom they loved? They found it necessary, therefore, to preserve so much of the institution, as would support the foreign branch; but they obliterated every feature which was calculated to give offence to their own citizens; thus sacrificing, on either hand, to their -brave allies, and to their country.'

The society was to retain its existence, its name, and its charitable funds; these last, however, were to be deposited with their respective legislatures. The order was to be communicated to no new members. The general meetings, instead of annual, were to be triennial only. The eagle and ribbon, indeed, were retained; because they

were willing they should be worn by their friends in France, where they would not be objects of offence; but they were never worn here. 'They laid them up in their bureaus, with the medals of American Independence, with those of the trophies they had taken, and the battles they had won.'

On the 7th of May, Congress resolved that a minister plenipotentiary should be appointed, in addition to Dr Franklin and Mr Adams, already in Europe, for negotiating treaties of commerce with foreign nations; and Mr Jefferson was unanimously elected.

The charge confided to this legation, comprehended all our foreign relations; the adjustment of which, upon a firm and equitable basis, was evidently an undertaking of uncommon magnitude, difficulty and delicacy. It was the great object of Congress in the appointment of these ambassadors, to get our commerce established with every nation, on a footing as favorable as that of any other government; and, for this purpose, they were directed to propose to each nation a distinct treaty of commerce. The acceptance too, of such treaties, would amount to an acknowledgment, by each, of our independence, and of our reception into the fraternity of nations; which,' says Mr Jefferson, although as possessing our station of right, and in fact, we would not condescend to ask, we were not unwilling to furnish opportunities for receiving their friendly salutations and welcome.' With France, the United Netherlands and Sweden, the United States already had commercial treaties; but commissions were given for those countries also, should any amendments be thought necessary. The other powers, to which treaties were to be proposed, were England, Hamburg, Saxony, Prussia, Denmark, Russia, Austria, Venice, Rome, Naples, Tuscany, Sardinia, Genoa, Spain, Portugal, the Porte, Algiers, Tripoli, Tunis, and Morocco.

CHAPTER IX.

MR Jefferson accepted the honorable commission of ambassador, and bid a final adieu to Congress, on the 11th of May, '84. Instead of returning to Monticello, the scene of his recent and distressing bereavement, he went directly to Philadelphia, took with him his eldest daughter, then in that city, and proceeded to Boston in quest of a passage. This was the only occasion on which Mr Jefferson ever visited New England; and while pursuing his journey, he made a point of stopping at the principal towns on the seaboard, to inform himself of the state of commerce in each State. With the same view he extended his route into New Hampshire. He returned to Boston, and sailed thence, on the 5th of July, in the merchant ship Ceres, bound to Cowes, where he arrived, after a pleasant voyage, on the 26th. He was detained here a few days, by the indisposition of his daughter, when he embarked for Havre, and arrived at Paris on the 6th of August. He called immediately on Dr Franklin, at Passy, communicated to him their charge and instructions; and they wrote to Mr Adams, then at the Hague, to join them at Paris.

The instructions given by Congress to the first plenipotentiaries of independent America, were a novelty in the history of international transactions; and much curiosity was manifested by the diplomatic corps of Europe, resident at the court of Versailles, to know the author of them. These instructions contemplated the introduction of numerous and fundamental reformations in the

established relations of neutrals and belligerents; which, had the propositions of our ministers been embraced by the principal powers of Europe, would have effected a series of the most substantial and desirable improvements in the international code of mankind. The principal reformations intended, were, a provision exempting from capture, by the public or private armed ships of either belligerent, when at war, all merchant vessels and their cargoes, employed merely in carrying on the commerce between nations; a provision against the molestation of fishermen, husbandmen, citizens unarmed, and following their occupations in unfortified places; for the humane treatment of prisoners of war; for the abolition of contraband of war, which exposes merchant vessels to such ruinous detentions and abuses; and for the recognition of the principle of 'free bottoms, free goods.'

Such were the distinguishing features of these unique instructions; and the interesting question of their authorship has never been settled until since the publication of Mr Jefferson's Private Correspondence. In a letter of his, written but a short time before his death, to John Q. Adams, then President of the United States, the whole history of the transaction is concisely stated, in answer to a special and friendly enquiry on the subject. He ascribes to Dr Franklin the merit of having suggested the principal innovations meditated by these instructions.

I am thankful for the very interesting message and documents of which you have been so kind as to send me a copy, and will state my recollections as to the particular passage of the message to which you ask my attention. On the conclusion of peace, Congress, sensible of their right to assume independence, would not condescend to ask its acknowledgment from other nations, yet were willing, by some of the ordinary international transactions, to receive what would imply that acknowledgement. They appointed commissioners, therefore, to propose treaties of commerce to the principal nations of