Mr. Barclay has probably informed you of his having been arrested in Bordeaux, for a debt contracted in the way of his commerce. He immediately applied to the Parliament of that place, who ordered his discharge. This took place after five days' actual imprisonment. I arrived at Bordeaux a few days after his liberation. As the Procureur General of the King had interested himself to obtain it with uncommon zeal, and that too on public principles, I thought it my duty to wait on him, and return him my thanks. I did the same to the President of the Parliament, for the body over which he presided. What would have been an insult in America being an indispensable duty here. You will see by the enclosed printed paper on what ground the Procureur insisted on Mr. Barclay's liberation; those on which the Parliament ordered it are not expressed. On my arrival here I spoke with the Minister on the subject. He observed that the character of Consul is no protection in this country against process for debt; that, as to the character with which Mr. Barclay had been invested at the Court of Morocco, it was questionable whether it could be placed on the diplomatic line, as it had not been derived immediately from Congress; that, if it were, it would have covered him to Paris only, where he had received his commission, had he proceeded directly thither; but that his long stay at Bordeaux must be considered as terminating it there. I observed to him that Mr. Barclay had been arrested almost immediately on his arrival at Bordeaux; but he says that arrest was made void by the Parliament, and still he has continued there several weeks. True, I replied, but his adversaries declared they would arrest him again the moment he should be out of the jurisdiction of the Parliament of Bordeaux, and have actually engaged the Marechaussée on the road to do it. This seemed to impress him; he said he could obtain a letter of sauf conduit, which would protect him to Paris, but that immediately on his arrival here he would be liable to arrest. I asked him if such a letter could not be obtained to protect him to Paris and back to Bordeaux, and even to America? He said, that for that the consent of the greater part of his creditors would be necessary, and even with this it was very doubtful whether it could be obtained. Still, if I would furnish him with that consent, he would do what should depend on him. I am persuaded he will, and have written to Mr. Barclay to obtain the consent of his creditors. This is the footing on which this matter

stands at present. I have stated it thus particularly that you may know the truth, which will probably be misrepresented in the English papers to the prejudice of Mr. Barclay. This matter has been a great affliction to him, but no dishonor, where its true state is known. Indeed, he is incapable of doing anything not strictly honorable.

In a letter of August 30th, 1785, I had the honor of mentioning to you what had passed here on the subject of a convention for the regulation of the two post offices. I now enclose you a letter from the Baron Dogny, who is at the head of that department, which shows that he still expects some arrangements. I have heard it said that M. de Crevecoeur is authorized to treat on this subject. You doubtless know if this be true. The articles may certainly be better adjusted there than here. This letter from the Baron Dogny was in consequence of an application from a servant of mine, during my absence, which would not have been made had I been here; nor will it be repeated, it being my opinion and practice to pay small sums of money rather than to ask favors.

I have the honor to enclose you, also, copies of a letter and papers from the M. de Castries, on the claim of an individual against the State of South Carolina, for services performed on board the Indian; and the petition of another on a like claim; also, copies of letters received from O'Bryen, at Algiers, and from Mr. Lamb. A letter of the 26th of May, from Mr. Montgomery, at Alicant, informs me that by a vessel arrived at Carthagena from Algiers, they learn the death of the Dey of that Republic; yet, as we hear nothing of it through any other channel, it may be doubted. It escaped me at the time of my departure to Aix to make arrangements for sending you the gazettes regularly by the packets. The whole are now sent, though a great part of them are so old as not to be worth perusal. Your favor of April 24th has been duly received. I have the honor to be, &c.,

TH: JEFFERSON.

FROM JOHN LAMB TO THOMAS JEFFERSON.

Alicant Bay, May 20, 1787.

I received your Excellency's letter concerning the cypher. The vessel that I am in here is bound to America, and does not take practique; and all papers are so defaced with vinegar that it will

be impossible to get the cypher sound to hands where it is ordered; therefore I must deliver the same to Congress, who can dispose of it at their pleasure. I am unhappy it is so circumstanced. I hope by this time that your Excellency is fully persuaded of the villany of that man D'Espilly, whom I have often warned you of before this. His letters have been too freely handed to your Excellency, and to Congress likewise, for the benefit of our peace at Algiers. I most heartily hope Congress will not be led to thank a man who was turned out of Algiers for the most atrocious crimes, and some say confined at present, and of which I doubt not the truth. If your Excellency can come at the truth from Madrid, I am of opinion that you will think as I do on the subject. I add that we have not had a worse enemy than the abovementioned D'Espilly. How far he deceived Mr. Carmichael, whilst he was holding him up to our public view, I cannot pretend to say; but Mr. Carmichael was not deceived in the man. He had a desire to baffle my efforts, whilst on my late mission, to make room for a more favorable plan. I can give your Excellency no news at present, but that the number of our wretched people in Algiers is reduced by the plague. Unhappy men, indeed! I have had a very disagreeable winter, but am something recruited. I hope to be at Congress by the beginning of August next. I am exceedingly sorry that Mr. Barclay missed me. He writes me that he had authority to settle my I am, &c.,

accounts.

JOHN LAMB.

FROM JOHN JAY TO THOMAS JEFFERSON.

Dear Sir,

New York, September 8, 1787

I had flattered myself that Chevalier Jones would have been prepared to go in the French packet, which is to sail the day after to-morrow; but certain circumstances make it necessary for him to postpone his departure to some future opportunity. It seems also that Mr. Jarvis, who had given me notice of his intention of taking his passage in the packet, finds it convenient to remain here until the first of next month.

On the 27th July last I had the honor of writing you that further despatches on subjects touched in your letters would be transmitted, and I flatter myself that the reasons which have hitherto delayed

them will soon cease. Your letters of the 4th May and 21st June have since arrived, and been communicated to the President of Congress. Since their arrival a quorum of the States has not been represented, so that as yet they have not been laid before Congress, and consequently have not given occasion to any acts or instructions. I read them with pleasure, for in my opinion they do honor to the writer.

You will find, herewith enclosed, an act of Congress of the 27th July, containing the instructions you requested respecting the medals; and also a copy of a letter from me to the President of Congress, covering one I had received from the Governor of Rhode Island respecting the seizure and condemnation of a vessel of that State at Tobago. These papers speak for themselves, and therefore do not require explanation or comments. The enclosed letter for Mr. Pauly is from General Varnum on that subject.

The convention will probably rise next week, and their proceedings will probably cause, not only much consideration, but also much discussion, debate, and perhaps heat; for as docti indoctique scribimus so docti indoctique, disinterested patriots and interested politicians will sit in council and in judgment, both within and without doors. There is, nevertheless, a degree of intelligence and information in the mass of our people, which affords much room for hope that by degrees our affairs will assume a more consistent and pleasing aspect. For my own part I have long found myself in an awkward situation, seeing much to be done, and enabled to do very little. All we can do is to persevere. If good results our labor will not be in vain; if not, we shall have done our duty, and that reflection is valuable.

With the best wishes for your health and happiness, and with very sincere esteem and regard, I am, with great respect, &c.,

Report of John Jay to Congress.

JOHN JAY.

Office for Foreign Affairs, October 12, 1787. The Secretary of the United States for the Department of Foreign Affairs, to whom was referred a letter of 21st June last from Mr. Jefferson, respecting the arrest of the American Consul in France, the proposed Post Office convention, and the claims of certain individuals against South Carolina, reports:

That his report of the 26th September last on the petition of Messrs. French and Nephew, at whose suit the Consul was arrested, expresses the opinion of your Secretary on the legality of that arrest; and he still thinks that no Consuls should be exempt from suits and arrests for their own proper debts.

But as the arrest and imprisonment of an American Consul General is a circumstance which must hurt the feelings of the United States, and in some degree wound their dignity, it may be proper to inquire what measures it would be proper to take on this occasion.

He thinks it would be advisable to pass the resolution recommended in the abovementioned reports, declaring that all American Consuls in foreign parts, and all foreign Consuls here are liable to arrests, &c.

That your Secretary should, in an informal manner, intimate to the Consul General in question that his arrest and imprisonment have given Congress much concern, both on his account and that of the United States. That they wish he would endeavor so to settle with his creditors, as that he may return to France early in the spring without any risk of the like treatment in future. That, although his character and services will always induce Congress to regret every circumstance that may hurt either his feelings or his fortune, yet that the respect due to the dignity of the United States has also strong claims to their attention and care.

Your Secretary thinks it is his duty to inform Congress that, as well from the opinion of Mr. Jefferson as from other circumstances, he has reason to believe that the conduct of the Consul respecting his creditors, has not merited the harsh treatment he has received from them.

As to the proposed Post Office convention, your Secretary refers to his reports of the 21st of February and 29th March, 1786, which are now before Congress.

As to the claims of certain individuals against the State of South Carolina, your Secretary thinks that an extract from Mr. Jefferson's letter on that subject, together with copies of the papers which he enclosed relative to it, should be transmitted to the State of South Carolina, in order that such measures may thereupon be taken as the good faith of that State, and the justice due to the individuals in question may appear to dictate.

All which is submitted to the wisdom of Congress.

JOHN JAY.