diness to go with my letter of the 27th inst. by the French packet, which I expect will sail from L'Orient

to-morrow.

I am enabled at the same time to send you a copy of the resolutions of the Committee on the subject of the tobacco together with a copy of the Count de Vergennes' letter to me, giving official notice of them, having enclosed a copy of Mr. Morris's contract in my letter of May 27th on the same subject. You will be enabled to give such notice of the whole as you think proper. I have the honor to be, &c.

I take the earliest opportunity to inform you, that notwithstanding the treaty, which the Farmers General have made with Mr. Robert Morris, for the delivery of a certain quantity of tobacco, they have just concluded to take in the way of trade as much as 15,000 hogsheads per annum. To let you understand better the extent of the decision in question, I send it to you in the extract enclosed. I beg that you will make it known both in America, as also to the American owners of vessels, who may be found in our ports, so that they may direct their commercial speculations accordingly.

I have the honor to be, &c.

DE VERGENNES.

Translation.

Resolves of a Committee held at Berni, 24th March, 1786.

The Committee resuming their former deliberations respecting a treaty made with Mr. Morris, informed of the circumstances in which it was made: also informed of the despatch of twelve thousand hogsheads of tobacco, the approaching arrival of which has been announced by Mr. Couteulx, the correspondent of Mr. Morris, have unanimously thought, that the execution of the treaty ought to extend until the 1st of January, 1788, saving the right of annulling in case of failure of execution, on the part of the said Mr. Morris, the conditions of the said treaty, taking afterwards into consideration the interest of the national commerce, with that of the United States, have agreed on the resolutions hereafter enumerated.

1st. After the expiration of the treaty with Mr. Morris, there shall be made no more bargains of the same kind.

2nd. The Farmer General shall always have in his magazines a necessary supply for the exercise of his privilege, which supply shall be formed, by what shall be furnished by the contract with Mr. Morris, as well as by what he shall procure by means of commerce.

3rd. To secure this supply the Farmer General shall purchase, during the continuation of the contract with Mr. Morris, only the tobacco which can be furnished by trade and brought in French or American vessels, to the amount of 12 to 15 thousand hogsheads every year, at the same price, and on the same conditions stipulated with the said Mr. Morris.

4th. In cases where cargoes shall not be assorted, the tobacco shall be paid for at the following prices:

Livres.

1st quality James and York river tobacco, nett cwt. 38 2nd do Potomac and Rappahanock

3rd do Maryland tobacco

36 34

All the first qualities of each kind proper for France. 5th. In cases of difficulty respecting the quality, samples shall be sent to the Council, and it shall be determined by a commission, which shall be authorized to have the samples examined, by such person as may be proper.

6th. When the tobacco furnished by the Americans shall not be delivered in a manufacturing port, there shall be deducted from the stipulated prices, thirty sols per nett quintal, for expenses of transportation.

FROM JOHN JAY TO THOMAS JEFFERSON.

Sir,

New York, August 18, 1786.

My last to you was dated the 14th of last month, since which, I have received and laid before Congress, your several letters of 12th, 22nd, 23rd, two of 27th, and one of 31st May last, with the papers enclosed with them.

It has happened from various circumstances, that several reports on foreign affairs still lay before Congress, undecided upon. The want of an adequate representation for long intervals, and the multiplicity of business which pressed upon them when that was not the case, has occasioned delays and omissions, which, however

unavoidable, are much to be regretted. It is painful to me, to reflect, that, although my attention to business is unremitted, yet I so often experience unseasonable delays and successive obstacles, in obtaining the decision and sentiments of Congress, even on points which require despatch. But so it is, and I must be content with leaving nothing undone, that may depend upon me.

The Consular Convention is now, as it has long been, under the consideration of Congress, and I have reason to hope, they will soon enable me to send you full instructions on that subject.

I have long thought, and become daily more convinced, that the construction of our Federal government is fundamentally wrong. To vest legislative, judicial and executive power in one and the same body of men, and that too in a body daily changing its members, can never be wise. In my opinion, those three great departments of sovereignty should be forever separated, and so distributed, as to serve as checks on each other. But these are subjects that have long been familiar to you, and on which you are too well informed, not to anticipate every thing that I might say on them.

I enclose a late ordinance of Congress for Indian affairs, and their requisition for the ensuing year. Those subjects have consumed much time; they are, however, important ones, and the attention of Congress to them, could not, with propriety, have been postponed.

I have advised Congress to renew your commission, as to certain powers. Our treasury is ill supplied; some States pay nothing, and others very little. The impost not yet established. The people, generally, uneasy in a certain degree, but without seeming to discern the true

cause, viz: want of energy, both in State and Federal Governments. It takes time to make sovereigns of sub

jects.

I am, dear sir, &c.

JOHN JAY.

FROM JOHN JAY TO THOMAS JEFFERSON.

Office for Foreign Affairs,

October 3, 1786.

Sir,

I have the honor of transmitting you herewith enclosed, the following papers, viz :

No. 1. A copy of the Consular Convention signed by the French and American Plenipotentiaries.

No. 2. A copy of the act of Congress, under which the American Plenipotentiary signed the same.

No. 3. A copy of a scheme of a Convention mentioned and referred to in said act.

No. 4. A copy of a report on the said Covention.

No. 5. A copy of an act of Congress containing instructions and giving authority to you, on the subject of the said Convention.

These papers will possess you fully of the whole business. I am persuaded that it will appear to you as it does to Congress, to be a delicate one, and to require delicate management.

The original scheme of the Convention is far from being unexceptionable, but a former Congress having agreed to it, it would be improper now to recede; and therefore Congress are content to ratify a Convention made con