Adams Family Correspondence, volume 14
On a lu, Tabius, avec beaucoup de plaisir. Il est tres Sage tres Scavant et tres elegant.—1 The Article he vindicates is now well understood here and is I believe universally allowed to be no Violation of our Engagements with any other power.— Even higher and Stronger ground is taken by Some of the ablest Lawyers and it is even contended that We had a right to go back to the Statu quo, and revive the old Treaties in toto without any Injury to England. of this I need not give any Opinion.
It is now generally understood and agreed, that there is nothing inconsistent with the most Scrupulous good faith, in the Convention. Our Honor is therefore untouched. The mutual restitution of ships is greatly in our favour. The Insurgente is the only one to be restored. She is but a Baggatelle, if she is any thing. There is too much reason to fear she is lost. The Berceau having been taken after the date of the Treaty must be restored by a Stipulation in it.2
The most mortifying thing and the only one painfull to me is the relinquishment of the demand for Compensation for Spoliations. To Strike out that Article would not mend this defect. it would make it worse.
The only Question is whether it is our Interest to ratify the Convention. I have no Scruple in saying I think it is, and that without Conditions. I See nothing in it, but what will be forever a salutary regulation with France and England too. It is a fundamental Principle of American Policy to place these two powers on a footing of perfect Equality. That is my opinion and I reco[mmend it] to you as a Maxim thro Life. Votre [Amie] [the far]mer of stony field.
RC (Adams Papers); internal address:
“T. B. Adams Esq”; endorsed: “The President of the U S. / 30th Jany 1801. /
4 Feby Recd:.”;
notation by ECA: “To my Father / Thomas Boylston Adams” and
“He call’d / his place / Stoney Field! / I am 553 sorry the / name is gone.”
FC (Adams
Papers); filmed at 27 Jan. 1801. Text lost where the seal was
removed has been supplied from the FC.
We read Tabius with much pleasure. He is very wise, very learned, and very elegant. For TBA’s published response to the Manlius series using the pseudonym Fabius, see TBA to JA, 2 Feb., and note 1, below.
The French frigate L’Insurgente was taken by the U.S. frigate Constellation, Capt. Thomas Truxtun, on 9
Feb. 1799, for which see vol. 13:xiii–xiv. The vessel was placed in U.S.
service but presumed sunk in a gale in Sept. 1800, after which the
Jefferson administration refused to authorize compensation for it under
the Convention of 1800 because it was lost before the signing of the
agreement (Jefferson, Papers
, 33:349). For the capture
and repatriation of the French corvette Berceau, see
AA to Cotton Tufts, 28
Nov., and note 4, above.
d:February 1801.
Your favors of the 24th:
& 27th: ulto:
are duly received. It seems not to be understood here, whether the
proceedings, in Senate, relative to the Convention, are conclusive, as to
the fate of that instrument, or whether, under any pretext, the discussion
can be revived upon it. I am, myself, unable to solve the question, though I
have some idea, that the rejection of the particular, modified, form of
ratification, which has been passed upon, is not a final rejection of the
Convention—
Manlius has finished his “examination,” which is the most
elaborate of any I have seen on the subject. There was very little of the
Spirit of candor discoverable in his strictures, nor did his consultation of
the Jurists appear so faithful, as it should have been, had it been the wish
of the writer, to create a correct opinion, in the public mind, as to the
merits & demerits of the Convention. He has written too much (in other
words) like an antagonist, and not enough like an unbiassed Civilian. I took
up the cudgels in reply to his N o 8, and gave to the public, the
extracts I had made & sent to you. I enclose the last number, which is a
recapitulation of the preceding Series—1 I think my friend, much too rapid
in his strictures to be correct, and he takes for granted, that conviction
must necessarily follow the perusal of his arguments. I can now take the
liberty to mention, that M
r:Charles Hare has confessed himself to me, to be the author of the Speculations under the Signature of Manlius—
I rejoice, that Such a flattering compliment has been
paid to the talents, the zeal & the correct principles of Mr: L. H. Stockton— Nothing could have been more
grateful to me than this honorable notice of so deserving a character, but I
thought there was incompatibility, between the Office to which he was
nominated, and the 554 habits
of life, professional pursuits, and personal qualifications of the man. Like
Mr: Dexter, he might say—“I am about as well
qualified for this Office, as my grandmother.” Considered as a compliment,
it will be very acceptable to Mr: Stockton &
his family connections. I hear he declines the honor.
Mr: Ingersoll will be at
Washington shortly— He will give in his resignation as District Atty and I am confident the appointment of Mr: William Tilghman would be agreeable to him,
as a Successor. Should the Judiciary Bill pass, there is a gentleman whom I
would venture to recommend, above all others, as a Judge for the Western
Pennsylvania District; his name is Thomas Dunkin or Duncan of Carlisle in
the County of Cumberland—2 In
point of professional character, respectability in private life—integrity
and independence of heart and amplitude of fortune—he is surpassed by no man
in this State. Mr: Ingersoll is his friend &
intimate acquaintance, & to him I refer for further information. I have
been thus strenuous in recommending this Gentleman because I have understood
there are other applicants, less
deserving.
I am, dear Sir, affectionately your Son
RC (Adams Papers); internal address: “The President of the U.S.”
Manlius’ eighth essay, published in the Philadelphia
American Daily Advertiser, 24 Jan.,
criticized Art. 24 of the Convention of 1800, which allowed U.S. and
French ships to enter each other’s ports without paying duties. Manlius
alleged the article violated the Jay Treaty. TBA responded
as Fabius in the American Daily Advertiser,
26 Jan. 1801, offering a legal interpretation of the convention that
mirrored his recent discussions with JA. TBA
called on Manlius and his readers to support the convention: “It is time
that the prerogatives of the constituted authorities should be
respected, and that an unreasonable jealousy should be suppressed, which
would prevent any future usurpation, on the part of the populace, of
powers which they have delegated to abler heads.” Manlius’ final essay
was published in the American Daily
Advertiser, 28 Jan., and included no mention of
TBA’s response.
Thomas Duncan (1760–1827) was a Pennsylvania lawyer
and native of Carlisle. On 3 March JA nominated him to be
attorney for the Western District of Pennsylvania, and the Senate
confirmed the appointment the same day (Katherine Duncan Smith, The Story of Thomas Duncan and His Six
Sons, N.Y., 1928, p. 42; U.S. Senate, Exec. Jour.
, 6th
Cong., 2d sess., p. 390).