ANSWERS TO QUESTIONS PROPOUNDED BY M. DE MEUSNIER 1

1. On the original establishment of the several states, The civil code of England, from whence they had emigrated, was adopted. This, of course, could extend only to general laws, and not to those which were particular to certain places in England only. The circumstances of the new states oblige them to add some new laws which their special situation required, and even to change some of the general laws of England in cases which did not suit their circumstances or ways of thinking. The law of descents for instance, was changed in several states. On the late revolution, the changes which their new form of government rendered necessary were easily made. It was only necessary to say that the powers of legislation, the judiciary the executive powers, heretofore exercised by persons of such and such descriptions shall henceforth be exercised by persons to be appointed in such and such manners. This was what their constitutions did. Virginia thought it might be necessary to examine the whole code of law, to reform such parts of it as had been calculated to produce a devotion to monarchy, and to reduce into smaller volumes such useful parts as had become too diffuse. A Committee was appointed to execute this work; they did it; and the assembly began in Octob. 1785, the examination of it, in order to change such parts of the report as might not meet with their approbation and to establish what they should approve. We may expect to hear the result of their deliberations about the last of February next.

I have heard that Connecticut undertook a like work: but I am not sure of this, nor do I know whether any other of the states have or have not done the same.

2. The Constitution of New Hampshire established in 1776, having been expressly made to continue only during the contest with Great Britain, they proceeded, after the close of that, to form and establish a permanent one, which they did. The Convention of Virginia which organized their new government had been chosen before a separation from Gr Britain had been thought of in their state. They had therefore none but the ordinary powers of legislation. This leaves their act for organizing the government subject to be altered by every legislative assembly, and tho no general change in it has been made, yet it’s effect has been controulled in several special cases. It is therefore thought that that state will appoint a Convention for the special purpose of forming a stable constitution. I think no change has been made in any other of the states.

3. The following is a rough estimate of the particular debts of some of the states as they existed in the year 1784:

  

The other states not named here are probably indebted in the same proportion to their abilities. If so, we estimate their abilities by the rule of quotaing them those 8 states will owe about 14 millions, consequently the particular debts of all the states will amount to 25 or 26 millions of dollars.

5. A particular answer to this question would lead to very minute details. One general idea however may be applied to all the states. Each having their separate debt, and a determinate proportion of the federal debt, they endeavour to lay taxes sufficient to pay the interest of both of these, and to support their own the federal government. These taxes are generally about one or one a half per cent. on the value of property, from 2½ to 5 per cent. on foreign merchandise imported. But the paiment of this interest regularly is not accomplished in many of the states. The people are as yet not recovered from the depredations of the war. When that ended, their houses were in ruin, their farms waste, themselves distressed for clothing and necessaries for their household. They cannot as yet therefore bear heavy taxes. For the paiment of the principal no final measures are yet taken. Some states will have land for sale, the produce of which may pay the principal debt. Some will endeavor to have an exceeding of their taxes to be applied as a sinking fund, and all of them look forward to the increase of population, of course an increase of productiveness in their present taxes to enable them to be sinking their debt. This is a general view. Some of the states have not yet made even just efforts for satisfying either the principal or interest of their public debt.

6. By the close of the year 1785 there had probably passed over about 50,000 emigrants. Most of these were Irish. The greatest number of the residue were Germans. Philadelphia receives most of them, and next to that, Baltimore New York.

7. Nothing is decided as to Vermont. The four northernmost states wish it to be received into the Union. The middle Southern states are rather opposed to it. But the great difficulty arises with New York which claims that territory. In the beginning every individual of that state revolted at the idea of giving them up. Congress therefore only interfered from time to time to prevent the two parties from coming to an open rupture. In the meanwhile the minds of the New Yorkers have been familiarizing to the idea of a separation I think it will not be long before they will consent to it. In that case the Southern Middle states will doubtless acquiesce, and Vermont will be received into the Union.

LeMaine, a part of the government of Massachusetts, but detached from it (the state of N Hampshire lying between) begins to desire to be separated. They are very weak in numbers as yet; but whenever they shall obtain a certain degree of population, there are circumstances which render it highly probable they will be allowed to become a separate member of the Union.

8. It is believed that the state of Virginia has by this time made a second cession of lands to Congress, comprehending all those between the meridian of the mouth of the great Kanhaway, the Ohio, Mississippi Carolina boundary. Within this lies Kentucky. I believe that their numbers are sufficient already to entitle them to come into Congress, and that their reception there will only incur the delay necessary for taking the consent of the several assemblies. There is no other new state as yet approaching the time of it’s reception.

10. The number of Royalists which left New York, South Carolina Georgia when they were evacuated by the British army was considerable, but I am absolutely unable to conjecture their numbers. From all the other states I suppose perhaps two thousand may have gone.

11. The Confederation is a wonderfully perfect instrument, considering the circumstances under which it was formed. There are however some alterations which experience proves to be wanting. These are principally three. 1. To establish a general rule for the admission of new states into the Union. By the Confederation no new state, except Canada, can be permitted to have a vote in Congress without first obtaining the consent of all the thirteen legislatures. It becomes necessary to agree what districts may be established into separate states, and at what period of their population they may come into Congress. The act of Congress of April 23, 1784, has pointed out what ought to be agreed on, to say also what number of votes must concur when the number of voters shall be thus enlarged. 2. The Confederation in it’s eighth article decides that the quota of money to be contributed by the several states shall be proportioned to the value of landed property in the state. Experience has shown it impracticable to come at this value. Congress have therefore recommended to the states to agree that their quotas shall be in proportion to the number of their inhabitants, counting 5 slaves however but as equal to 3 free inhabitants. I believe all the states have agreed to this alteration except Rhode island. 3. The Confederation forbids the states individually to enter into treaties of commerce, or of any other nature, with foreign nations: and it authorizes Congress to establish such treaties, with two reservations however, viz., that they shall agree to no treaty which would 1. restrain the legislatures from imposing such duties on foreigners, as natives are subjected to; or 2. from prohibiting the exportation or importation of any species of commodities. Congress may therefore be said to have a power to regulate commerce, so far as it can be effected by conventions with other nations, by conventions which do not infringe the two fundamental reservations before mentioned. But this is too imperfect. Because till a convention be made with any particular nation, the commerce of any one of our states with that nation may be regulated by the State itself, and even when a convention is made, the regulation of the commerce is taken out of the hands of the several states only so far as it is covered or provided for by that convention or treaty. But treaties are made in such general terms, that the greater part of the regulations would still result to the legislatures. Let us illustrate these observations by observing how far the commerce of France of England can be affected by the state legislatures. As to England, any one of the legislatures may impose on her goods double the duties which are paid other nations; may prohibit their goods altogether; may refuse them the usual facilities for recovering their debts or withdrawing their property, may refuse to receive their Consuls or to give those Consuls any jurisdiction. But with France, whose commerce is protected by a treaty, no state can give any molestation to that commerce which is defended by the treaty. Thus, tho’ a state may exclude the importation of all wines (because one of the reservations aforesaid is that they may prohibit the importation of any species of commodities) yet they cannot prohibit the importation of French wines particularly while they allow wines to be brought in from other countries. They cannot impose heavier duties on French commodities than on those of other nations. They cannot throw peculiar obstacles in the way of their recovery of debts due them c. c. because those things are provided for by treaty. Treaties however are very imperfect machines for regulating commerce in the detail. The principal objects in the regulation of our commerce would be: 1. to lay such duties, restrictions, or prohibitions on the goods of any particular nation as might oblige that nation to concur in just equal arrangements of commerce. 2. To lay such uniform duties on the articles of commerce throughout all the states, as may avail them of that fund for assisting to bear the burthen of public expenses. Now this cannot be done by the states separately; because they will not separately pursue the same plan. New Hampshire cannot lay a given duty on a particular article, unless Massachusetts will do the same; because it will turn the importation of that article from her ports into those of Massachusetts, from whence they will be smuggled into New Hampshire by land. But tho Massachusetts were willing to concur with N Hampshire in laying the same duty, yet she cannot do it, for the same reason, unless Rhode island will also, nor can Rhode island without Connecticut, nor Connecticut without N York, nor N York without N Jersey, so on quite to Georgia. It is visible therefore that the commerce of the states cannot be regulated to the best advantage but by a single body, and no body so proper as Congress. Many of the states have agreed to add an article to the Confederation for allowing to Congress the regulation of their commerce, only providing that the revenues to be raised on it, shall belong to the state in which they are levied. Yet it is believed that Rhode island will prevent this also. An everlasting recurrence to this same obstacle will occasion a question to be asked. How happens it that Rhode island is opposed to every useful proposition? Her geography accounts for it, with the aid of one or two observations. The cultivators of the earth are the most virtuous citizens, and possess most of the amor patriæ. Merchants are the least virtuous, and possess the least of the amor patriæ. The latter reside principally in the seaport towns, the former in the interior country. Now it happened that of the territory constituting Rhode island Connecticut, the part containing the seaports was erected into a state by itself called Rhode island, that containing the interior country was erected into another state called Connecticut. For tho it has a little seacoast, there are no good ports in it. Hence it happens that there is scarcely one merchant in the whole state of Connecticut, while there is not a single man in Rhode island who is not a merchant of some sort. Their whole territory is but a thousand square miles, and what of that is in use is laid out in grass farms almost entirely. Hence they have scarcely any body employed in agriculture. All exercise some species of commerce. This circumstance has decided the characters of these two states. The remedies to this evil are hazardous. One would be to consolidate the two states into one. Another would be to banish Rhode island from the union. A third to compel her submission to the will of the other twelve. A fourth for the other twelve to govern themselves according to the new propositions and to let Rhode island go on by herself according to the antient articles. But the dangers difficulties attending all these remedies are obvious.

These are the only alterations proposed to the confederation, and the last of them is the only additional power which Congress is thought to need.

12. Congress have not yet ultimately decided at what rates they will redeem the paper money in the hands of the holders, but a resolution of 1784, has established the principal, so that there can be little doubt but that the holders of paper money shall receive as much real money as the paper was actually worth at the time they received it, and an interest of 6 per cent from the time they received it. It’s worth will be found in the depreciation table of the state wherein it was received; these depreciation tables having been formed according to the market prices of the paper money at different epochs.

13. Those who talk of the bankruptcy of the U. S. are of two descriptions. 1. Strangers who do not understand the nature history of our paper money. 2. Holders of that paper-money who do not wish that the world should understand it. Thus when, in March 1780. the paper money being so far depreciated that 40 dollars of it would purchase only 1. silver dollar, Congress endeavored to arrest the progress of that depreciation by declaring they would emit no more, and would redeem what was in circulation at the rate of one dollar of silver for 40 of paper; this was called by the brokers in paper money, a bankruptcy. Yet these very people had only given one dollar’s worth of provisions, of manufactures, or perhaps of silver for their forty dollars, were displeased that they could not in a moment multiply their silver into 40. If it were decided that the U. S. should pay a silver dollar for every paper dollar they emitted, I am of opinion (conjecturing from loose data of my memory only as to the amount true worth of the sums emitted by Congress and by the several states) that a debt, which in it’s just amount is not more perhaps than 6 millions of dollars, would amount up to 400 millions; and instead of assessing every inhabitant with a debt of about 2 dollars, would fix on him thirty guineas which is considerably more than the national debt of England affixes on each of its inhabitants, and would make a bankruptcy where there is none. The real just debts of the U. S., which were stated under the 3d query, will be easily paid by the sale of their lands, which were ceded on the fundamental condition of being applied as a sinking fund for this purpose.

14. La canne à sucre est un erreur du traducteur de M. Filson. Le mot Anglois ‘cane’ vent dire ‘arundo’ en latin, et ‘roseau’ ou ‘canne’ en François le traducteur en a fait la ‘canne du sucre,’ probablement que le ‘caffier’ est une erreur semblable.

15. The whole army of the United States was disbanded at the close of the war. A few guards only were engaged for their magazines. Lately they have enlisted some two or three regiments to garrison the posts along the Northern boundary of the U. S.

16. 17. The U. S. do not own at present a single vessel of war; nor has Congress entered into any resolution on that subject.

18. I conjecture there are 650,000 negroes in the five Southernmost states, and not 50,000 in the rest. In most of these latter effectual measures have been taken for their future emancipation. In the former, nothing is done towards that. The disposition to emancipate them is strongest in Virginia. Those who desire it, form, as yet, the minority of the whole state, but it bears a respectable proportion to the whole in numbers weight of character it is continually recruiting by the addition of nearly the whole of the young men as fast as they come into public life. I flatter myself it will take place there at some period of time not very distant. In Maryland N. Carolina a very few are disposed to emancipate. In S. Carolina Georgia not the smallest symptoms of it, but, on the contrary these two states N. Carolina continue importations of negroes. These have been long prohibited in all the other states.

19. In Virginia, where a great proportion of the legislature consider the constitution but as other acts of legislation, laws have been frequently passed which controulled it’s effects. I have not heard that in the other states they have ever infringed their constitution; I suppose they have not done it; as the judges would consider any law as void which was contrary to the constitution. Pennsylvania is divided into two parties, very nearly equal, the one desiring to change the constitution, the other opposing a change. In Virginia there is a part of the state which considers the act for organizing their government as a constitution, are content to let it remain; there is another part which considers it only as an ordinary act of the legislature, who therefore wish to form a real constitution, amending some defects which have been observed in the acts now in force. Most of the young people as they come into office arrange themselves on this side, and I think they will prevail ere long. But there are no heats on this account. I do not know that any of the other states propose to change their constitution.

20. I have heard of no malversations in office which have been of any consequence; unless we consider as such some factious transactions in the Pennsylvania assembly; or some acts of the Virginia assembly which have been contrary to their constitution. The causes of these were explained in the preceding article.

21. Broils among the states may happen in the following way: 1. A state may be embroiled with the other twelve by not complying with the lawful requisitions of Congress. 2. Two states may differ about their boundaries. But the method of settling these is fixed by the Confederation, and most of the states which have any differences of this kind are submitting them to this mode of determination; and there is no danger of opposition to the decree by any state. The individuals interested may complain, but this can produce no difficulty. 3. Other contestations may arise between two states, such as pecuniary demands, affrays among their citizens, whatever else may arise between any two nations. With respect to these, there are two opinions. One that they are to be decided according to the 9th article of the Confederation, which says that “Congress shall be the last resort in all differences between two or more states, concerning boundary jurisdiction, or any other cause whatever ”; and prescribes the mode of decision, and the weight of reason is undoubtedly in favor of this opinion, yet there are some who question it.

It has been often said that the decisions of Congress are impotent because the Confederation provides no compulsory power. But when two or more nations enter into compact, it is not usual for them to say what shall be done to the party who infringes it. Decency forbids this, and it is unnecessary as indecent, because the right of compulsion naturally results to the party injured by the breach. When any one state in the American Union refuses obedience to the Confederation by which they have bound themselves, the rest have a natural right to compel them to obedience. Congress would probably exercise long patience before they would recur to force; but if the case ultimately required it, they would use that recurrence. Should this case ever arise, they will probably coerce by a naval force, as being more easy, less dangerous to liberty, less likely to produce much bloodshed.

It has been said too that our governments both federal and particular want energy; that it is difficult to restrain both individuals states from committing wrong. This is true, it is an inconvenience. On the other hand that energy which absolute governments derive from an armed force, which is the effect of the bayonet constantly held at the breast of every citizen, and which resembles very much the stillness of the grave, must be admitted also to have it’s inconveniences. We weigh the two together, and like best to submit to the former. Compare the number of wrongs committed with impunity by citizens among us, with those committed by the sovereign in other countries, and the last will be found most numerous, most oppressive on the mind, and most degrading of the dignity of man.

22. The states differed very much in their proceedings as to British property; and I am unable to give the details. In Virginia, the sums sequestered in the treasury remain precisely as they did at the conclusion of the peace. The British having refused to make satisfaction for the slaves they carried away, contrary to the treaty of peace, and to deliver up the posts within our limits, the execution of that treaty is in some degree suspended. Individuals however are paying off their debts to British subjects, and the laws even permit the latter to recover them judicially. But as the amount of these debts are 20 or 30 times the amount of all the money in circulation in that state, the same laws permit the debtor to pay his debts in seven equal annual payments.

ADDITIONAL QUESTIONS OF M. DE MEUSNIER, AND ANSWERS

The IXth article of Confederation § 6. evidently establishes three orders of questions in Congress. 1. The greater ones, which relate to making peace or war, alliances, coinage, requisitions for money, raising military force, or appointing it’s commander-in-chief. 2. The lesser ones, which comprehend all other matters submitted by the Confederation to the federal head. 3. The single question of adjourning from day to day. This graduation of questions is distinctly characterized by the article.

In proportion to the magnitude of these questions, a greater concurrence of the voices composing the Union was thought necessary. Three degrees of concurrence, well distinguished by substantial circumstances, offered themselves to notice. 1. A concurrence of a majority of the people of the Union. It was thought that this would be ensured by requiring the voices of nine states; because according to the loose estimates which had been made of the inhabitants, the proportion of them which were free, it was believed that even the nine smallest would include a majority of the free citizens of the Union. The voices therefore of nine states were required in the greater questions. 2. A concurrence of the majority of the states. Seven constitute that majority. This number therefore was required in the lesser questions. 3. A concurrence of the majority of Congress, that is to say, of the states actually present in it. As there is no Congress when there are not seven states present, this concurrence could never be of less than four states. But these might happen to be the four smallest, which would not include one ninth part of the free citizens of the Union. This kind of majority therefore was intrusted with nothing but the power of adjourning themselves from day to day.

Here then are three kind of majorities. 1. Of the people. 2. Of the states. 3. Of the Congress: each of which is entrusted to a certain length.

Tho the paragraph in question be clumsily expressed, yet it strictly ennounces it’s own intentions. It defines with precision the greater questions for which nine votes shall be requisite. To the lesser questions it then requires a majority of the U. S. in Congress assembled: a term indeed which will apply either to the number seven, as being a majority of the states; or to the number four, as being a majority of Congress. Which of the two kinds of majority was meant? Clearly that which would leave a still smaller kind for the decision of the question of adjournment. The contrary would be absurd.

This paragraph therefore should be understood as if it had been expressed in the following terms: “The United States in Congress assembled shall never engage in war c. but with the consent of nine states: nor determine any other question but with the consent of a majority of the whole states; except the question of adjournment from day to day, which may be determined by a majority of the states actually present in Congress.”

The first Congress which met being composed mostly of persons who had been members of the legislatures of their respective states, it was natural for them to adopt those rules in their proceedings to which they had been accustomed in their legislative houses; and the more so as these happened to be nearly the same, as having been copied from the same original, the British parliament. One of those rules of proceeding was, that “a question once determined cannot be proposed a second time in the same session.” Congress, during their first session, in the autumn of 1774, observed this rule strictly. But before their meeting in the spring of the following year, the war had broke out. They found themselves at the head of that war in an Executive as well as Legislative capacity. They found that a rule, wise and necessary for a Legislative body, did not suit an Executive one, which, being governed by events, must change their purposes, as those change. Besides their session was likely then to become of equal duration with the war; and a rule which should render their legislation immutable during all that period could not be submitted to. They therefore renounced it in practice, and have ever since continued to reconsider their questions freely. The only restraint as yet provided against the abuse of this permission to reconsider, is that when a question has been decided, it cannot be proposed for reconsideration but by some one who voted in favor of the former decision, declares that he has since changed his opinion. I do not recollect accurately enough whether it be necessary that his vote should have decided that of his state, and the vote of his state have decided that of Congress.

Perhaps it might have been better when they were forming the federal constitution, to have assimilated it as much as possible to the particular constitutions of the states. All of these have distributed the Legislative, executive judiciary powers into different departments. In the federal constitution the judiciary powers are separated from the others: but the legislative and executive are both exercised by Congress. A means of amending this defect has been thought of. Congress having a power to establish what committees of their own body they please, and to arrange among them the distribution of their business, they might on the first day of their annual meeting appoint an executive committee, consisting of a member from each state, and refer to them all executive business which should occur during their session; confining themselves to what is of a legislative nature, that is to say to the heads described in the 9th article as of the competence of 9 states only, and to such other questions as should lead to the establishment of general rules. The journal of this committee of the preceding day might be read the next morning in Congress, considered as approved, unless a vote was demanded on a particular article, that article changed. The sessions of Congress would then be short, when they separated, the Confederation authorizes the appointment of a committee of the states, which would naturally succeed to the business of the Executive committee. The legislative business would be better done, because the attention of the members would not be interrupted by the details of execution; and the executive business would be better done, because business of this nature is better adapted to small than great bodies. A monarchical head should confide the execution of it’s will to departments consisting each of a plurality of hands, who would warp that will as much as possible towards wisdom moderation, the two qualities it generally wants. But a republican head founding it’s decrees originally in these two qualities should commit them to a single hand for execution, giving them thereby a promptitude which republican proceedings generally want. Congress could not indeed confide their executive business to a smaller number than a committee consisting of a member from each state. This is necessary to ensure the confidence of the Union. But it would be gaining a great deal to reduce the executive head to thirteen, and to debarrass themselves of those details. This however has as yet been the subject of private conversations only.

3. Calculating the federal debts by the interest they pay, their principal would be much more than is stated under the 3d. of the former queries. The reason for this is that there is a part of the money put into the loan office which was borrowed under a special contract that whatever depreciation might take place on the principal, the interest should be paid in hard money on the nominal amount, Congress only reserving to itself the right, whenever they should pay off the principal, to pay it according to it’s true value, without regard to it’s nominal one. The amount of this part of the debt is 3,459.200 dollars. From the best documents in my possession I estimate the capital of the federal debt as follows.

Domestic debt as stated in Apr. 1783, since which there is no better state.

The result as to the foreign debt is considerably more than in the estimate I made before. That was taken on the state of the Dutch loans as known to Congress in 1784. The new estimate of 1785 however (lately come to hand) shews those loans to be completed up to 7 millions of florins, which is much more than their amount in the preceding statements. The domestic debt too is made somewhat higher than in the preceding answer to the 3d. query. I had in that taken the statement of 1783 for my basis, and had endeavored to correct that by the subsequent liquidation of 1784. 1785. On considering more maturely those means of correction, I apprehend they will be more likely to lead to error; and that, upon the whole, the statement of 1783, is the surest we can have recourse to. I have therefore adopted it literally.

Previous to the late revolution, most of the states were in the habit, whenever they had occasion for more money than could be raised immediately by taxes, to issue paper notes or bills in the name of the state, wherein they promised to pay the bearer the sum named in the note or bill. In some of the states no time of paiment was fixed, nor tax laid to enable paiment. In these the bills depreciated. But others of the states named in the bill the day when it should be paid, laid taxes to bring in money enough for that purpose, paid the bills punctually on or before the day named. In these states, paper money was in as high estimation as gold silver. On the commencement of the late revolution, Congress had no money. The external commerce of the states being suppressed, the farmer could not sell his produce, of course could not pay a tax. Congress had no resource then but in paper money. Not being able to lay a tax for it’s redemption they could only promise that taxes should be laid for that purpose so as to redeem the bills by a certain day. They did not foresee the long continuance of the war, the almost total suppression of their exports, and other events, which rendered the performance of their engagement impossible. The paper money continued for a twelvemonth equal to gold silver. But the quantities which they were obliged to emit for the purpose of the war exceeded what had been the usual quantity of the circulating medium. It began therefore to become cheaper, or as we expressed it, it depreciated, as gold silver would have done, had they been thrown into circulation in equal quantities. But not having, like them, an intrinsic value, it’s depreciation was more rapid greater than could ever have happened with them. In two years it had fallen to two dollars of paper for one of silver, in three years to 4 for 1. in 9 months more it fell to 10 for 1. and in the six months following, that is to say, by Sep. 1779, it had fallen to 20 for 1. Congress, alarmed at the consequences which were to be apprehended should they lose this resource altogether, thought it necessary to make a vigorous effort to stop its further depreciation. They therefore determined in the first place, that their emissions should not exceed 200 millions of dollars, to which term they were then nearly arrived; and tho’ they knew that twenty dollars of what they were then issuing would buy no more for their army than one silver dollar would buy, yet they thought it would be worth while to submit to the sacrifice of 19. out of 20. dollars, if they could thereby stop further depreciation. They therefore published an address to their constituents in which they renewed their original declarations that this paper money should be redeemed at dollar for dollar. They proved the ability of the states to do this, and that their liberty would be cheaply bought at that price. The declaration was ineffectual. No man received the money at a better rate; on the contrary in 6. months more that is by March, 1780 it had fallen to 40 for 1. Congress then tried an experiment of a different kind. Considering their former offers to redeem this money at par, as relinquished by the general refusal to take it but in progressive depreciation, they required the whole to be brought in, declared it should be redeemed at it’s present value of 40 for 1. and that they would give to the holders new bills reduced in their denomination to the sum of gold or silver which was actually to be paid for them. This would reduce the nominal sum of the mass in circulation to the present worth of that mass, which was 5. millions, a sum not too great for the circulation of the states, and which they therefore hoped would not depreciate further, as they continued firm in their purpose of emitting no more. This effort was as unavailing as the former. Very little of the money was brought in. It continued to circulate to depreciate till the end of 1780, when it had fallen to 75 for one, and the money circulated from the French army being by that time sensible in all the states north of the Patowmac, the paper ceased it’s circulation altogether, in those states. In Virginia N. Carolina it continued a year longer, within which time it fell to 1000 for 1. and then expired, as it had done in the other states, without a single groan. Not a murmur was heard on this occasion among the people. On the contrary universal congratulations took place on their seeing this gigantic mass whose dissolution had threatened convulsions which should shake their infant confederacy to it’s centre, quietly interred in it’s grave. Foreigners indeed who do not, like the natives, feel indulgence for it’s memory, as of a being which has vindicated their liberties and fallen in the moment of victory, have been loud still are loud. A few of them have reason but the most noisy are not the best of them. They are persons who have become bankrupt by unskilful attempts at commerce with America. That they may have some pretext to offer to their creditors, they have bought up great masses of this dead money in America, where it is to be had at 5000 for 1, they show the certificates of their paper possessions as if they had all died in their hands, and had been the cause of their bankruptcy. Justice will be done to all, by paying to all persons what this money actually cost them, with an interest of 6. per cent from the time they received it. If difficulties present themselves in the ascertaining the epoch of the receipt, it has been thought better that the state should lose by admitting easy proofs, than that individuals especially foreigners should, by being held to such as would be difficult, perhaps impossible.

5. Virginia certainly owed two millions sterling to Great Britain at the conclusion of the war. Some have conjectured the debt as high as three millions. I think that state owed near as much as all the rest put together. This is to be ascribed to peculiarities in the tobacco trade. The advantages made by the British merchants on the tobaccos consigned to them were so enormous that they spared no means of increasing those consignments. A powerful engine for this purpose was the giving good prices credit to the planter till they got him more immersed in debt than he could pay without selling his lands or slaves. They then reduced the prices given for his tobacco, so that, let his shipments be ever so great, and his demand of necessaries ever so economical, they never permitted him to clear off his debt. These debts had become hereditary from father to son for many generations, so that the planters were a species of property annexed to certain mercantile houses in London.

6. The members of Congress are differently paid by different states. Some are on fixed allowances, from 4. to 8. dollars a day. Others have their expenses paid a surplus for their time. This surplus is of two, three, or four dollars a day.

7. I do not believe there has ever been a moment when a single whig in any one state would not have shuddered at the very idea of a separation of their state from the Confederacy. The tories would at all times have been glad to see the Confederacy dissolved even by particles at a time, in hopes of their attaching themselves again to Great Britain.

8. The 11th article of Confederation admits Canada to accede to the Confederation at its own will; but adds that “no other colony shall be admitted to the same, unless such admission be agreed to by nine states.” When the plan of April, 1784, for establishing new states was on the carpet, the committee who framed the report of that plan, had inserted this clause, “provided nine states agree to such admission, according to the reservation of the 11th of the articles of Confederation.” It was objected 1. That the words of the confederation “no other colony” could only refer to the residuary possessions of Gr. Britain, as the two Floridas, Nova Scotia, c. not being already parts of the Union; that the law for “admitting” a new member into the union could not be applied to a territory which was already in the Union, as making part of a state which was a member of it. 2. That it would be improper to allow “nine” states to receive a new member, because the same reasons which rendered that number proper now would render a greater one proper when the number composing the Union should be increased. They therefore struck out this paragraph, and inserted a proviso that “the consent of so many states, in Congress, shall be first obtained as may at the time be competent,” thus leaving the question whether the 11th article applies to the admission of new states? to be decided when that admission shall be asked. See the Journ of Congress of Apr 20, 1784. Another doubt was started in this debate, viz.: whether the agreement of the nine states required by the Confederation was to be made by their legislatures or by their delegates in Congress? The expression adopted viz.: “so many states in Congress is first obtained” shew what was their sense in this matter. If it be agreed that the 11th article of the Confederation is not to be applied to the admission of these new states, then it is contended that their admission comes within the 13th article, which forbids “any alteration unless agreed to in a Congress of the U S, and afterwards confirmed by the legislatures of every state. The independence of the new states of Kentucké and Frankland will soon bring on the ultimate decision of all these questions.

9. Particular instances whereby the General assembly of Virginia have shewn that they considered the ordinance, called their Constitution as every other ordinance or act of the legislature, subject to be altered by the legislature for the time being. The convention which formed that Constitution declared themselves to be the house of delegates during the term for which they were originally elected, and in the autumn of the year, met the Senate elected under the new constitution, did legislative business with them. At this time there were malefactors in the public jail, and there was as yet no court established for their trial. They passed a law appointing certain members by name, who were then members of the Executive council, to be a court for the trial of these malefactors, tho’ the constitution had said, in it’s first clause, that “no person should exercise the powers of more than one of the three departments, legislative, executive judiciary, at the same time.” This proves that the very men who had made that constitution understood that it would be alterable by the General assembly. This court was only for that occasion. When the next general assembly met after the election of the ensuing year, there was a new set of malefactors in the jail, no court to try them. This assembly passed a similar law to the former, appointing certain members of the Executive council to be an occasional court for this particular case. Not having the journals of assembly by me, I am unable to say whether this measure was repealed afterwards. However they are instances of executive judiciary powers exercised by the same persons under the authority of a law, made in contradiction to the Constitution. 2. There was a process depending in the ordinary courts of justice, between two individuals of the name of Robinson Fauntleroy, who were relations, of different descriptions, to one Robinson a British subject lately dead. Each party claimed a right to inherit the lands of the decedent according to the laws. Their right should, by the constitution, have been decided by the judiciary courts; and it was actually depending before them. One of the parties petitioned the assembly (I think it was in the year 1782) who passed a law deciding the right in his favor. In the following year, a Frenchman, master of a vessel, entered into port without complying with the laws established in such cases, whereby he incurred the forfeitures of the law to any person who would sue for them. An individual instituted a legal process to recover these forfeitures according to the law of the land. The Frenchman petitioned the assembly, who passed a law deciding the question of forfeiture in his favor. These acts are occasional repeals of that part of the constitution which forbids the same person to exercise legislative judiciary powers at the same time. 3. The assembly is in the habitual exercise during their sessions of directing the Executive what to do. There are few pages of their journals which do not show proofs of this, consequently instances of the legislative executive powers exercised by the same persons at the same time. These things prove that it has been the uninterrupted opinion of every assembly, from that which passed the ordinance called the Constitution down to the present day, that their acts may controul that ordinance, of course that the state of Virginia has no fixed Constitution at all.

OBSERVATIONS ON THE ARTICLE ÉTATS-UNIS PREPARED FOR THE ENCYCLOPÉDIE 1

1. II. 17. 29. Pa 8. The Malefactors sent to America were not sufficient in number to merit enumeration as one class out of three which peopled America. It was at a late period of their history that this practice began. I have no book by me which enables me to point out the date of it’s commencement. But I do not think the whole number sent would amount to 2000 being principally men, eaten up with disease, they married seldom propagated little. I do not suppose that themselves their descendants are at present 4000, which is little more than one thousandth part of the whole inhabitants.

Indented servants formed a considerable supply. These were poor Europeans who went to America to settle themselves. If they could pay their passage it was well. If not, they must find means of paying it. They were at liberty therefore to make an agreement with any person they chose, to serve him such a length of time as they agreed on, on condition that he would repay to the master of the vessel the expenses of their passage. If being foreigners unable to speak the language, they did not know how to make a bargain for themselves the captain of the vessel contracted for them with such persons as he could. This contract was by deed indented, which occasioned them to be called indented servants. Sometimes they were called Redemptioners, because by their agreement with the master of the vessel they could redeem themselves from his power by paying their passage, which they frequently effected by hiring themselves on their arrival as is before mentioned. In some states I know that these people had a right of marrying themselves without their master’s leave, I did suppose they had that right everywhere. I did not know that in any of the states they demanded so much as a week for every day’s absence without leave. I suspect this must have been at a very early period while the governments were in the hands of the first emigrants, who being mostly labourers, were narrow-minded and severe. I know that in Virginia the laws allowed their servitude to be protracted only two days for every one they were absent without leave. So mild was this kind of servitude, that it was very frequent for foreigners who carried to America money enough, not only to pay their passage, but to buy themselves a farm, it was common I say for them to indent themselves to a master for three years, for a certain sum of money, with a view to learn the husbandry of the country. I will here make a general observation. So desirous are the poor of Europe to get to America where they may better their condition, that, being unable to pay their passage, they will agree to serve two or three years on their arrival there, rather than not go. During the time of that service they are better fed, better clothed, and have lighter labour than while in Europe. Continuing to work for hire a few years longer, they buy a farm, marry, and enjoy all the sweets of a domestic society of their own. The American governments are censured for permitting this species of servitude which lays the foundation of the happiness of these people. But what should these governments do? Pay the passage of all those who chuse to go into their country? They are not able; nor, were they able, do they think the purchase worth the price? Should they exclude these people from their shores? Those who know their situations in Europe America, would not say that this is the alternative which humanity dictates. It is said that these people are deceived by those who carry them over. But this is done in Europe. How can the American governments prevent it? Should they punish the deceiver? It seems more incumbent on the European government, where the act is done, and where a public injury is sustained from it. However it is only in Europe that this deception is heard of. The individuals are generally satisfied in America with their adventure, and very few of them wish not to have made it. I must add that the Congress have nothing to do with this matter. It belongs to the legislatures of the several states.

P 26. 1 “Une puissance, en effet, devoit statuer, en dernier resort, sur les relations que pouvoient suvire ou servir au sien general,” c. The account of the settlement of the colonies, which precedes this paragraph, shows that that settlement was not made by public authority, or at the public expence of England; but by the exertions at the expence of individuals. Hence it happened that their constitutions were not formed systematically but according to the circumstances which happened to exist in each. Hence too, the principles of the political connection between the old new countries were never settled. That it would have been advantageous to have settled them is certain; and particularly to have provided a body which should decide in the last resort all cases wherein both parties were interested. But it is not certain that that right would have been given, or ought to have been given to the parliament; much less that it resulted to the parliament without having been given to it expressly. Why was it necessary that there should have been a body to decide in the last resort? Because, it would have been for the good of both parties. But this reason shews it ought not to have been the parliament, because that would have exercised it for the good of one party only.

Page 105. As to the change of the 8th article of Confederation for quotaing requisitions of money on the states.

By a report of the Secretary of Congress dated Jan 4, 1786, eight states had then acceded to the proposition, to wit, Massachus., Connect., N. York, N. Jersey, Pennsylva, Maryland, Virginia, N. Carolina.

Congress, on the 18th of Apr, 1783, recommended to the states to invest them with a power, for 25 years to levy an impost of 5 per cent, on all articles imported from abroad. N Hamp. Mass. Conn. N Jer. Pensa, Delaware, Virga. N Cara. S Cara. had complied with this before the 4th of Jan, 1786. Maryland had passed an act for the same purpose; but by a mistake in referring to the date of the recommendation of Congress, the act failed of it’s effect. This was therefore to be rectified. Since the 4th of January, the public papers tell us that Rhode island has complied fully with this recommendation. It remains still for N York Georgia to do it. The exportations of America, which are tolerably well known, are the best measure for estimating the importations. These are probably worth about 20 millions of dollars annually. Of course this impost will pay the interest of a debt to that amount. If confined to the foreign debt, it will pay the whole interest of that, and sink half a million of the capital, annually. The expenses of collecting this impost will probably be 6. per cent on it’s amount, this being the usual expense of collection in the U S. This will be 60.000 dollars.

On the 30th of April 1784 Congress recommended to the states to invest them with a power for 15 years to exclude from their ports the vessels of all nations not having a treaty of commerce with them; and to pass as to all nations an act on the principles of the British navigation act. Not that they were disposed to carry these powers into execution with such as would meet them in fair and equal arrangements of commerce; but that they might be able to do it against those who should not. On the 4th of Jan, 1786, N Hamp. Mass. Rho. isld. Connect. N York, Pensa. Maryld. Virga. N. Carola had done it. It remained for N Jers, Delaware, S Carola, Georgia to do the same.

In the meantime the general idea has advanced before the demands of Congress, and several states have passed acts for vesting Congress with the whole regulation of their commerce, reserving the revenue arising from these regulations to the disposal of the state in which it is levied. The states which, according to the public papers have passed such acts, are N. Hamp. Mass. Rho. isld. N Jers. Del. and Virga: but, the assembly of Virga, apprehensive that this disjointed method of proceeding may fail in it’s effect, or be much retarded, passed a resolution on the 21st of Jan. 1786, appointing commissioners to meet others from the other states whom they invite into the same measure, to digest the form of an act for investing Congress with such powers over their commerce as shall be thought expedient, which act is to be reported to their several assemblies for their adoption. This was the state of the several propositions relative to the impost, regulation of commerce at the date of our latest advices from America.

Pa 125. The General assembly of Virginia, at their session in 1785, have passed an act declaring that the District, called Kentucky shall be a separate independent state, on these conditions. 1. That the people of that district shall consent to it. 2. That Congress shall consent to it shall receive them into the federal union. 3. That they shall take on themselves a proportionable part of the public debt of Virginia. 4. That they shall confirm all titles to lands within their district made by the state of Virginia, before their separation.

Page 131. “Et sur six assemblées à peine trouvet-on” c. Jusques à’elles feront un meilleur choix. Page 132. I think it will be better to omit the whole of this passage for reasons which shall be explained in conversation.

Page 139. It was in 1783, not in 1781, that Congress quitted Philadelphia.

Page 140. “Le Congres qui se trouvoit à la portée des rebelles fut effrayé.” I was not present on this occasion, but I have had relations of the transaction from several who were. The conduct of Congress was marked with indignation firmness. They received no propositions from the mutineers. They came to the resolutions which may be seen in the journals of June 21, 1783, then adjourned regularly and went through the body of the mutineers to their respective lodgings. The measures taken by Dickinson, the president of Pennsylvania, for punishing this insult, not being satisfactory to Congress, they assembled 9. days after at Princeton in Jersey. The people of Pennsylvania sent petitions declaring their indignation at what had past, their devotion to the federal head, and their dispositions to protect it, praying them to return; the legislature, as soon as assembled, did the same thing; the Executive whose irresolution had been so exceptionable made apologies. But Congress were now removed; and to the opinion that this example was proper, other causes were now added sufficient to prevent their return to Philadelphia.

Pa. 153. l. 8. ‘400,000 millions,’ should be, ‘400, millions.’

Pa 154. l. 3. From the bottom omettez ‘plus de,’ and l. 2. c’est a dire plus d’un milliard.’

Pa 155. l. 2. Omit “la dette actuelle, c.

And also, “Les details de cette espece,” c., c., c., to the end of the paragraph “celle des Etats Unis,” page 156. The reason is that these passages seem to suppose that the several sums emitted by Congress at different times, amounted nominally to 200 millions of dollars, had been actually worth that at the time of emission, of course, that the souldiers others had received that sum from Congress. But nothing is further from the truth. The souldier, victualler or other persons who received 40 dollars for a service at the close of the year 1779, received in fact no more than he who received one dollar for the same service in the year 1775 or 1776; because in those years the paper money was at par with silver; whereas by the close of 1779 forty paper dollars were worth but one of silver, would buy no more of the necessaries of life. To know what the monies emitted by Congress were worth to the people at the time they received them, we will state the date amount of every several emission, the depreciation of paper money at the time, and the real worth of the emission in silver or gold. [See page 41.]

Thus it appears that the 200 millions of Dollars emitted by Congress were worth to those who received them but about 36 millions of silver dollars. If we estimate at the same value the like sum of 200 millions, supposed to have been emitted by the states, and state the Federal debt, foreign domestic,

at about 43 millions, and the state debts, at about 25 millions, it will form an amount of 140. millions of Dollars, or 735 millions of livres Tournois, the total sum which the war has cost the inhabitants of the U. S. It continued 8. years from the battle of Lexington to the cessation of hostilities in America. The annual expense then was about 17,500,000 Dollars, while that of our enemies was a greater number of guineas.

It will be asked How will the two masses of Continental of State money have cost the people of the U. S. 72 millions of dollars, when they are to be redeemed now with about six millions? I answer that the difference, being 66. millions has been lost on the paper bills separately by the successive holders of them. Every one, thro whose hands a bill passed, lost on that bill what it lost in value, during the time it was in his hands. This was a real tax on him; in this way the people of the United States actually contributed those 66 millions of dollars during the war, and by a mode of taxation the most oppressive of all, because the most unequal of all.

Pa. 157. l. 2. from bottom, ‘cinquantieme,’ this should be ‘dixieme.’

Pa. 158. l. 8. Elles ont fait des reductions,’ they have not reduced the debt, but instead of expressing it in paper money, as formerly, they express it by the equivalent sum in silver or gold, being the true sum it has cost the present creditor, and what therefore they are bound in justice to pay him. For the same reason strike out the words ‘ainsi reduites’ second line from the bottom.

Pa. 161. l. 8. ‘Point de remboursements en 1784,’ except the interest.

Pa 166, bottom line. “Et c’est une autre economie,” c. The reason of this is that in 1784, purchases of land were to be made of the Indians which were accordingly made. But in 1785. they did not propose to make any purchase. The money desired in 1785, 5000 dollars was probably to pay agents residing among the Indians, or balances of the purchase of 1784. These purchases will not be made every year; but only at distant intervals as our settlements are extended; and it may be taken for a certainty that not a foot of land will ever be taken from the Indians without their own consent. The sacredness of their right, is felt by all thinking persons in America as much as in Europe.

Pa 170. Virginia was quotaed the highest of any state in the Union. But during the war, several states appear to have paid more, because they were free from the enemy, whilst Virginia was cruelly ravaged. The requisition of 1784, was so quotaed on the several states, as to bring up their arrearages so that when they should have paid the sums then demanded all would be on equal footing. It is necessary to give a further explanation of this requisition. The requisitions of 1.200,000 Dollars, of 8. millions 2 millions had been made during the war as an experiment to see whether in that situation the states could furnish the necessary supplies. It was found they could not. The money was thereupon obtained by loans in Europe; Congress meant by their requisition of 1784, to abandon the requisitions of 1.200.000 of 2. millions, and also one half of the 8. millions. But as all the states almost had made some paiments in part of that requisition, they were obliged to retain such a proportion of it, as would enable them to call for equal contributions from all the others.

Pa 170. I cannot say how it has happened that the debt of Connecticut is greater than that of Virginia. The latter is the richest in productions, and perhaps made greater exertions to pay for her supplies in the course of the war.

172. “Les Americains si vantés apres une banqueroute, c. The objections made to the U. S. being here condensed together in a short compass, perhaps it would not be improper to condense the answers in as small a compass, in some such form as follows. That is, after the words “aucun espoir,” add, “but to these charges it may be justly answered that those are no bankrupts who acknoledge the sacredness of their debts in their just real amount, who are able within a reasonable time to pay them, who are actually proceeding in that paiment; that they furnish actually the supplies necessary for the support of their government; that their officers souldiers are satisfied, as the interest of their debt is paid regularly, and the principals are in a course of paiment; that the question whether they fought ill, should be asked of those who met them at Bunker’s hill, Bennington, Stillwater, King’s mountain, the Cowpens, Guilford and the Eutaw. And that the charges of ingratitude, madness, infidelity, and corruption are easily made by those to whom falsehoods cost nothing; but that no instances in support of them have been produced or can be produced.”

Pa 187. “Les officiérs et les soldats ont eté payés” c. The balances due to the officers souldiers have been ascertained, a certificate of the sum given to each; on these the interest is regularly paid; and every occasion is seized of paying the principals by receiving these certificates as money, whenever public property is sold, till a more regular effectual method can be taken, for paying the whole.

Pa 191. “Quoique la loi dont nous parlons, ne s’observe plus en Angleterre.” Blackstone B. 1. c. 10. pa. 372. “An alien born may purchase lands or other estates; but not for his own use; for the king is thereupon entitled to them.” “Yet an alien may acquire a property in goods, money other personal estate, or may hire a house for his habitation for this is necessary for the advancement of trade.”—“Also an alien may bring an action concerning personal property, may make a will dispose of his personal estate.” “When I mention these rights of an alien, I must be understood of alien friends only, or such whose countries are in peace with ours; for alien enemies have no rights, no privileges, unless by the king’s special favour, during the time of war.” “An alien friend may have personal actions, but not real; an alien enemy shall have neither real, personal, or mixt actions. The reason why an alien friend is allowed to maintain a personal action is, because he would otherwise be incapacitated to merchandise, which may be as much to our prejudice as his.” Cunningham’s law dict. voce, aliens. The above is the clear law of England, practiced from the earliest ages to this day, never denied. The passage quoted by M. de Meusnier from 2 Blackstone, ch. 26, is from his chapter “of title to things personal by occupancy. ” The word “ personal, ” shews that nothing in this chapter relates to lands, which are real estate, and therefore this passage does not contradict the one before quoted from the same author B. 1 c. 10 which sais that the lands of an alien belong to the king. The words “of title by occupancy ” shew that it does not relate to debts, which being a moral existence only, cannot be the subject of occupancy. Blackstone in this passage B. 2. c. 26. speaks only of personal goods of an alien which another may find and seize as prime occupant.

Pa 193. “Le remboursement presentera des difficultés des sommes considerables” c. There is no difficulty nor doubt on this subject. Every one is sensible how this is to be ultimately settled. Neither the British creditor, nor the state will be permitted to lose by these paiments. The debtor will be credited with what he paid according to what it was really worth at the time he paid it, and he must pay the balance. Nor does he lose by this: for if a man, who owed 1000 dollars to a British merchant, paid 800 paper dollars into the treasury when the depreciation was at 8 for 1. it is clear he paid but 100 real dollars, must now pay 900. It is probable he received those 800 dollars for 100 bushels of wheat, which were never worth more than 100 silver dollars. He is credited therefore the full worth of his wheat. The equivoque is in the use of the word “dollar.”

Pa. 223. l. 6. ‘Le comité charge de cette revision a publée son travail.’ Rather say ‘the committee charged with this work reported it in the year 1779 to the assembly, who ordered it to be printed for consideration in the year 1781—and who in their session of 1785–6: passed between 30. 40. of the bills, meaning to resume it at their successive sessions till they shall have gone thro’ the whole.’

Pa 225. ‘Mais elle y acté insereé depuis.’ Rather say ‘but they prepared an amendment with an intention of having it proposed at the time the bill should be under discussion before the assembly. Selon cette amendment les enfans des esclaves demeurevoient’ c.

Page 226. l. 11. “Qu’on abolisse les privileges du clergé.” This privilege originally allowed to the clergy, is now extended to every man, even to women. It is a right of exemption from capital punishment for the first offence in most cases. It is then a pardon by the law. In other cases the Executive gives the pardon. But when laws are made as mild as they should be, both those pardons are absurd. The principle of Beccaria is sound. Let the legislators be merciful but the executors of the law inexorable. As the term “privileges du clergé” may be understood by foreigners, perhaps, it will be better to strike it out here, to substitute the word “pardon.”

Pa. 238. ‘Plongés dans la mer. . .’ The English word ‘ducked’ means to ‘plunge the party into water’ no matter whether of the sea, a river, or pond.

Pa 239. “Les commissaries veulent c. Manslaughter is the killing a man with design, but in a sudden gust of passion, and where the killer has not had time to cool. The first offence is not punished capitally, but the second is. This is the law of England of all the American states; is not a new proposition. Those laws have supposed that a man whose passions have so much dominion over him as to lead him to repeated acts of murder, is unsafe to society: that it is better he should be put to death by the law, than others more innocent than himself on the movements of his impetuous passions.

Ib. l. 12. “Mal-aisé d’ indiquer la nuance precise c. In forming a scale of crimes punishments, two considerations have principal weight. 1. The atrocity of the crime. 2. The peculiar circumstances of a country which furnish greater temptations to commit it, or greater facilities for escaping detection. The punishment must be heavier to counterbalance this. Was the first the only consideration, all nations would form the same scale. But as the circumstances of a country have influence on the punishment, and no two countries exist precisely under the same circumstances, no two countries will form the same scale of crimes punishments. For example in America, the inhabitants let their horses go at large in the uninclosed lands which are so extensive as to maintain them altogether. It is easy therefore to steal them easy to escape. Therefore the laws are obliged to oppose these temptations with a heavier degree of punishment. For this reason the stealing of a horse in America is punished more severely than stealing the same value in any other form. In Europe where horses are confined so securely that it is impossible to steal them, that species of theft need not be punished more severely than any other. In some countries of Europe, stealing fruit from trees is punished capitally. The reason is that it being impossible to lock fruit trees up in coffers, as we do our money, it is impossible to oppose physical bars to this species of theft. Moral ones are therefore opposed by the laws. This to an unreflecting American, appears the most enormous of all the abuses of power; because he has been used to see fruits hanging in such quantities that if not taken by men they would rot: he has been used to consider it therefore of no value, as not furnishing materials for the commission of a crime. This must serve as an apology for the arrangements of crimes punishments in the scale under our consideration. A different one would be formed here; still different ones in Italy, Turkey, China, c.

Pa. 240. “Les officiers Americains c. to pa 264. “qui le meritoient.” I would propose to new-model this Section in the following manner. 1. Give a succinct history of the origin establishment of the Cincinnati. 2. Examine whether in its present form it threatens any dangers to the state. 3. Propose the most practicable method of preventing them.

Having been in America during the period in which this institution was formed, and being then in a situation which gave me opportunities of seeing it in all it’s stages, I may venture to give M. de Meusnier materials for the 1st branch of the preceding distribution of the subject. The 2d and 3d he will best execute himself. I should write it’s history in the following form.

When, on the close of that war which established the independance of America, it’s army was about to be disbanded, the officers, who during the course of it had gone thro the most trying scenes together, who by mutual aids good offices had become dear to one another, felt with great oppression of mind the approach of that moment which was to separate them never perhaps to meet again. They were from different states from distant parts of the same state. Hazard alone could therefore give them but rare partial occasions of seeing each other. They were of course to abandon altogether the hope of ever meeting again, or to devise some occasion which might bring them together. And why not come together on purpose at stated times? Would not the trouble of such a journey be greatly over-paid by the pleasure of seeing each other again, by the sweetest of all consolations, the talking over the scenes of difficulty of endearment they had gone through? This too would enable them to know who of them should succeed in the world, who should be unsuccessful, and to open the purses of all to every labouring brother. This idea was too soothing not to be cherished in conversation. It was improved into that of a regular association with an organized administration, with periodical meetings general particular, fixed contributions for those who should be in distress, a badge by which not only those who had not had occasion to become personally known should be able to recognize one another, but which should be worn by their descendants to perpetuate among them the friendships which had bound their ancestors together. Genl. Washington was at that moment oppressed with the operation of disbanding an army which was not paid, and the difficulty of this operation was increased by some two or three of the states having expressed sentiments which did not indicate a sufficient attention to their paiment. He was sometimes present when his officers were fashioning in their conversations their newly proposed society. He saw the innocence of it’s origin, foresaw no effects less innocent. He was at that time writing his valedictory letter to the states, which has been so deservedly applauded by the world. Far from thinking it a moment to multiply the causes of irritation, by thwarting a proposition which had absolutely no other basis but of benevolence friendship, he was rather satisfied to find himself aided in his difficulties by this new incident, which occupied, , at the time soothed the minds of the officers. He thought too that this institution would be one instrument the more for strengthening the federal bond, for promoting federal ideas. The institution was formed. They incorporated into it the officers of the French army navy by whose sides they had fought, and with whose aid they had finally prevailed, extending it to such grades as they were told might be permitted to enter into it. They sent an officer to France to make the proposition to them to procure the badges which they had devised for their order. The moment of disbanding the army having come on before they could have a full meeting to appoint their president, the General was prayed to act in that office till their first general meeting which was to be held at Philadelphia in the month of May following. The laws of the society were published. Men who read them in their closets, unwarmed by those sentiments of friendship which had produced them, inattentive to those pains which an approaching separation had excited in the minds of the institutors, Politicians, who see in everything only the dangers with which it threatens civil society, in fine the labouring people, who, shielded by equal laws, had never seen any difference between man and man, but had read of terrible oppressions which people of their description experience in other countries from those who are distinguished by titles badges, began to be alarmed at this new institution. A remarkable silence however was observed. Their sollicitudes were long confined within the circles of private conversation. At length however a Mr. Burke, chief justice of South Carolina, broke that silence. He wrote against the new institution; foreboding it’s dangers very imperfectly indeed, because he had nothing but his imagination to aid him. An American could do no more: for to detail the real evils of aristocracy they must be seen in Europe. Burke’s fears were thought exaggerations in America; while in Europe it is known that even Mirabeau has but faintly sketched the curses of hereditary aristocracy as they are experienced here, and as they would have followed in America had this institution remained. The epigraph of Burke’s pamphlet was “Blow ye the trumpet in Zion.” It’s effect corresponded with it’s epigraph. This institution became first the subject of general conversation. Next it was made the subject of deliberation in the legislative assemblies of some of the States. The governor of South Carolina censured it in an address to his Assembly. The assemblies of Massachusetts, Rhode island and Pennsylvania condemned it’s principles. No circumstance indeed brought the consideration of it expressly before Congress, yet it had sunk deep into their minds. An offer having been made to them on the part of the Polish order of divine providence to receive some of their distinguished citizens into that order, they made that an occasion to declare that these distinctions were contrary to the principles of their confederation. The uneasiness excited by this institution had very early caught the notice of General Washington. Still recollecting all the purity of the motives which gave it birth, he became sensible that it might produce political evils which the warmth of these motives had masked. Add to this that it was disapproved by the mass of citizens of the Union. This alone was reason strong enough in a country where the will of the majority is the law, ought to be the law. He saw that the objects of the institution were too light to be opposed to considerations as serious as these; and that it was become necessary to annihilate it absolutely. On this therefore he was decided. The first annual meeting at Philadelphia was now at hand. He went to that, determined to exert all his influence for it’s suppression. He proposed it to his fellow officers, and urged it with all his powers. It met an opposition which was observed to cloud his face with an anxiety that the most distressful scenes of the war had scarcely ever produced. It was canvassed for several days, at length it was no more a doubt what would be it’s ultimate fate. The order was on the point of receiving it’s annihilation by the vote of a very great majority of it’s members. In this moment their envoy arrived from France, charged with letters from the French officers accepting with cordiality the proposed badges of union, with sollicitations from others to be received into the order, with notice that their respectable sovereign had been pleased to recognize it, permit his officers to wear it’s badges. The prospect now changed. The question assumed a new form. After the offer made by them, 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 ingratitude? which would not appear an insult to those whom they loved? Federal principles, popular discontent, were considerations whose weight was known felt by themselves. But would foreigners know feel them equally? Would they so far acknowledge their cogency as to permit without any indignation the eagle ribbon to be torn from their breasts by the very hands which had placed them there? The idea revolted the whole society. They found it necessary then to preserve so much of their institution as might continue to support this foreign branch, while they should prune off every other which would give offence to their fellow citizens; thus sacrificing on each hand to their friends to their country. The society was to retain it’s existence, it’s name, it’s meetings, it’s charitable funds: but these last were to be deposited with their respective legislatures; the order was to be no longer hereditary; a reformation which had been pressed even from this side of the Atlantic; it was to be communicated to no new members; the general meetings instead of annual were to be triennial only. The eagle ribbon indeed were retained; because they were worn, they wished them to be worn, by their friends who were in a country where they would not be objects of offence; but themselves never wore them. They laid them up in their bureaus with the medals of American Independance, with those of the trophies they had taken the battles they had won. But through all the United States no officer is seen to offend the public eye with the display of this badge. These changes have tranquillized the American states. Their citizens do justice to the circumstances which prevented a total annihilation of the order. They feel too much interest in the reputation of their officers, and value too much whatever may serve to recall to the memory of their allies the moments wherein they formed but one people. Tho they are obliged by a prudent foresight to keep out everything from among themselves which might pretend to divide them into orders, and to degrade one description of men below another, yet they hear with pleasure that their allies whom circumstances have already placed under these distinctions, are willing to consider it as one to have aided them in the establishment of their liberties to wear a badge which may recall to their remembrance; and it would be an extreme affliction to them if the domestic reformation which has been found necessary, if the censures of individual writers, or if any other circumstance should discourage the wearing their badge, or lessen it’s reputation.

This short but true history of the order of the Cincinnati, taken from the mouths of persons on the spot who were privy to it’s origin progress, who knew it’s present state, is the best apology which can be made for an institution which appeared to be, was really, so heterogeneous to the governments in which it was erected.

It should be further considered that, in America, no other distinction between man man had ever been known, but that of persons in office exercising powers by authority of the laws, and private individuals. Among these last the poorest labourer stood on equal ground with the wealthiest millionnaire, generally on a more favoured one whenever their rights seem to jar. It has been seen that a shoemaker, or other artisan, removed by the voice of his country from his work bench into a chair of office, has instantly commanded all the respect and obedience which the laws ascribe to his office. But of distinction by birth or badge they had no more idea than they had of the mode of existence in the moon or planets. They had heard only that there were such, knew that they must be wrong. A due horror of the evils which flow from these distinctions could be excited in Europe only, where the dignity of man is lost in arbitrary distinctions, where the human species is classed into several stages of degradation, where the many are crushed under the weight of the few, where the order established can present to the contemplation of a thinking being no other picture than that of God almighty his angels trampling under foot the hosts of the damned. No wonder then that the institution of the Cincinnati should be innocently conceived by one order of American citizens, could raise in the other orders only a slow, temperate, rational opposition, and could be viewed in Europe as a detestable parricide

The 2d 3d branches of this subject, no body can better execute than M. de. Meusnier. Perhaps it may be curious to him to see how they strike an American mind at present. He shall therefore have the ideas of one who was an enemy to the institution from the first moment of it’s conception, but who was always sensible that the officers neither foresaw, nor intended the injury they were doing to their country.

As to the question then, whether any evil can proceed from the institution as it stands at present, I am of opinion there may. 1. From the meetings. These will keep the officers formed into a body; will continue a distinction between the civil military which it would be for the good of the whole to obliterate as soon as possible; the military assemblies will not only keep alive the jealousies the fears of the civil government, but give ground for these fears jealousies. For when men meet together, they will make business if they have none; they will collate their grievances, some real, some imaginary, all highly painted; they will communicate to each other the sparks of discontent; this may engender a flame which will consume their particular, as well as the general, happiness. 2. The charitable part of the institution is still more likely to do mischief, as it perpetuates the dangers apprehended in the preceding clause. For here is a fund provided of permanent existence. To whom will it belong? To the descendants of American officers of a certain description. These descendants then will form a body, having sufficient interest to keep up an attention to their description, to continue meetings, perhaps, in some moment, when the political eye shall be slumbering, or the firmness of their fellow-citizens realized, to replace the insignia of the order revive all its pretensions. What good can the officers propose which may weigh against these possible evils? The securing their descendants against want? Why afraid to trust them to the same fertile soil, the same genial climate which will secure from want the descendants of their other fellow citizens? Are they afraid they will be reduced to labour the earth for their sustenance? They will be rendered thereby both honester and happier. An industrious farmer occupies a more dignified place in the scale of beings, whether moral or political, than a lazy lounger, valuing himself on his family, too proud to work, drawing out a miserable existence by eating on that surplus of other men’s labour which is the sacred fund of the helpless poor. A pitiful annuity will only prevent them from exerting that industry those talents which would soon lead them to better fortune.

How are these evils to be prevented? 1. At their first general meeting let them distribute the funds on hand to the existing objects of their destination, discontinue all further contributions. 2. Let them declare at the same time that their meetings general particular shall henceforth cease. 3. Let them melt up their eagles add the mass to the distributable fund that their descendants may have no temptation to hang them in their button holes.

These reflections are not proposed as worthy the notice of M. de Meusnier. He will be so good as to treat the subject in his own way, no body has a better. I will only pray him to avail us of his forcible manner to evince that there is evil to be apprehended even from the ashes of this institution, to exhort the society in America to make their reformation complete; bearing in mind that we must keep the passions of men on our side even when we are persuading them to do what they ought to do.

Pa. 268. “Et en effet la population” c. 270. “Plus de confiance.”

To this we answer that no such census of the numbers was ever given out by Congress nor ever presented to them: and further that Congress never has at any time declared by their vote the number of inhabitants in their respective states. On the 22d of June 1775 they first resolved to remit paper money. The sum resolved on was 2. millions of dollars. They declared then that the 12 confederate colonies (for Georgia had not yet joined them) should be pledged for the redemption of these bills. To ascertain in what proportion each state should be bound, the members from each were desired to say as nearly as they could what was the number of the inhabitants of their respective states. They were very much unprepared for such a declaration. They guessed however as well as they could. The following are the numbers, as they conjectured them, the subsequent apportionment of the 2. millions of dollars.

Georgia having not yet acceded to the measures of the other states, was not quotaed; but their numbers were generally estimated at about 30,000 so would have made the whole 2,448,000 persons of every condition. But it is to be observed that tho Congress made this census the basis of their apportionment, yet they did not even give it a place on their journals; much less publish it to the world with their sanction. The way it got abroad was this. As the members declared from their seats the number of inhabitants which they conjectured to be in their state, the secretary of Congress wrote them on a piece of paper, calculated the portion of 2 millions of dollars accordingly entered the sum only in the journals. The members however for their own satisfaction and the information of their states, took copies of this enumeration sent them to their states. From thence they got into the public papers: and when the English newswriters found it answered their purpose to compare this with the numeration of 1783, as their principle is “to lie boldly that they may not be suspected of lying” they made it amount to 3,137,809 and ascribed it’s publication to Congress itself.

In April 1785, Congress being to call on the states to raise a million a half of dollars annually for 25 years, it was necessary to apportion this among them. The states had never furnished them with their exact numbers. It was agreed too that in this apportionment 5 slaves should be counted as 3 freemen only. The preparation of this business was in the hands of a Committee. They applied to the members for the best information they could give them of the numbers of their states. Some of the states had taken pains to discover their numbers. Others had done nothing in that way, of course were now where they were in 1775 when their members were first called on to declare their numbers. Under these circumstances, on the principle of counting three-fifths only of the slaves, the Committee apportioned the money among the states reported their work to Congress. In this they had assessed S. Carolina as having 170,000 inhabitants. The delegate for that state however prevailed on Congress to assess them on the footing of 150,000 only, in consideration of the state of total devastation in which the enemy had left their country. The difference was then laid on the other states, and the following was the result.

Still however Congress refused to give the numeration the sanction of a place on their journals, because it was not formed on such evidence as a strict attention to accuracy truth required. They used it from necessity, because they could get no better rule, and they entered on their journals only the apportionment of money. The members, however, as before, took copies of the numeration which was the groundwork of the apportionment, sent them to their states, thus this second numeration got into the public papers, was by the English ascribed to Congress, as their declaration of the present numbers. To get at the real numbers which this numeration supposes, we must add 20.000 to the number on which S. Carolina was quotæed; we must consider that 700.000 slaves are counted but as 420.000 persons, add on that account 280.000. This will give us a total of 2.639.300 inhabitants of every condition in the 13 states, being 221.300 more than the numeration of 1775, instead of 798.509 loss, which the English papers asserted to be the diminution of numbers in the United States according to the confession of Congress itself.

Pa. 272. “Comportera peut etre une population de thirty millions.”

The territories of the United States contain about a million of square miles, English. There is in them a greater proportion of fertile lands than in the British dominions in Europe. Suppose the territory of the U. S. then to attain an equal degree of population with the British European dominions, they will have an hundred millions of inhabitants. Let us extend our views to what may be the population of the two continents of North South America supposing them divided at the narrowest part of the isthmus of Panama. Between this line and that of 50° of north latitude the northern continent contains about 5 millions of square miles, and South of this line of division the Southern continent contains about 7 millions of square miles. I do not pass the 50th degree of northern latitude in my reckoning, because we must draw a line somewhere, considering the soil climate beyond that, I would only avail my calculation of it, as a make weight, to make good what the colder regions within that line may be supposed to fall short in their future population. Here are 12 millions of square miles then, which at the rate of population before assumed, will nourish 1200 millions of inhabitants, a number greater than the present population of the whole globe is supposed to amount to. If those who propose medals for the resolution of questions, about which nobody makes any question, those who have invited discussions on the pretended problem Whether the discovery of America was for the good of mankind? if they, I say, would have viewed it only as doubling the numbers of mankind, of course the quantum of existence happiness, they might have saved the money the reputation which their proposition has cost them. The present population of the inhabited parts of the U. S. is of about 10. to the square mile; experience has shown us, that wherever we reach that the inhabitants become uneasy, as too much compressed, and go off in great numbers to search for vacant country. Within 40 years the whole territory will be peopled at that rate. We may fix that then as the term beyond which the people of those states will not be restrained within their present limits; we may fix it too as the term of population, which they will not exceed till the whole of those two continents are filled up to that mark, that is to say, till they shall contain 120 millions of inhabitants. The soil of the country on the western side of the Mississippi, it’s climate, it’s vicinity to the U. S. point it out as the first which will receive population from that nest. The present occupiers will just have force enough to repress restrain the emigrations to a certain degree of consistence. We have seen lately a single person go decide on a settlement in Kentucky, many hundred miles from any white inhabitant, remove thither with his family and a few neighbors, though perpetually harassed by the Indians, that settlement in the course of 10 years has acquired 30.000 inhabitants, it’s numbers are increasing while we are writing, and the state of which it formerly made a part has offered it independance.

Pa. 280. line five. “Huit des onze etats” c. Say “there were ten states present. 6. voted unanimously for it, 3 against it, and one was divided: and seven votes being requisite to decide the proposition affirmatively, it was lost. The voice of a single individual of the state which was divided, or of one of those which were of the negative, would have prevented this abominable crime from spreading itself over the new country. Thus we see the fate of millions unborn hanging on the tongue of one man, heaven was silent in that awful moment! But it is to be hoped it will not always be silent that the friends to the rights of human nature will in the end prevail. On the 16th of March 1785 it was moved in Congress that the same proposition should be referred to a Committee, it was referred by the votes of 8 states against 3. We do not hear that anything further is yet done on it.”

Pa. 280. Note (a). I would wish this note to be omitted.

Pa. 281. “L’ acte federatif lui donne le droit de prononcer sur tout ce qui a rapport, au bien general de l’union, line 6 the word ’ainsi.” It is better to omit these words, the passage stands right without them, they would give a false idea not only of the principle on which Congress proceeded, but of their general powers.

Pa. 283. line 4. from bottom. “8 per cent, excepté en Virginie ou il etoit de 6 per cent” say “5 per cent in most, if not in all the states still continues the same.”

Pa. 286. “L’autorité du Congrés etoit necessaire.” The substance of the passage alluded to in the Journ of Congr., May 26th. 1784, is, “that the authority of Congress to make requisitions of troops during peace is questioned, that such an authority would be dangerous, combined with the acknoledged one of emitting or borrowing money, and that a few troops only being wanted to guard magazines garrison the frontier posts, it would be more proper at present to recommend than to require.”

Pa. 287. ‘Nous n’osons nous permettre c.—ce n’est pas tout’ in the fourth line of the next page. I think all this passage had better be left out. It will alarm the states damp their dispositions to strengthen the hands of Congress.

Pa. 291. l. 8. from the bottom. ‘Tous les terreins qui se trouvent en deca.’ Say ‘toute la territoire de Kentucky qui est en deca.’

Pa. 291. l. 6 from bottom. After ‘appartenoient’ add ‘au celle des Montagnes Alleghanies.’

Pa. 296. ‘Consentement unanimé, ’ the words in the original are the ‘joint consent of Congress of the particular state’ on the part of Congress the vote need not be unanimous. Seven states will suffice. This observation shews that the passage ‘on sera peutetre surpris’—to ‘dont nous parlous’ should be omitted.

Pa. 301. ‘Environ’ the word ‘probablement’ might be better, because it is probable that the cessions of Georgia will be such as will make up the number of new states 16.

Pa. 301, l. 3 from bottom. ‘Huit ou dix ans.’ It would be safer to say ‘peu d’années.

Pa, 302. ‘40.000’ should not this be ‘32.000’? Also pa. 304.

Pa. 304. ‘Canne à sucre’ is a mistaken translation of the English word ‘cane,’ which means a reed i.e. canne, ou roseau. It is the Arundo phragmitis of the botanists. By ‘Coffee tree’ the author must mean some tree bearing berries which are used as coffee. There can certainly be no coffee tree in that latitude.

Pa. 307. Omit the note (a). It has been before observed that Virginia has consented to the independance of Kentucky, but the consent of Kentucky itself of Congress are still wanting.

Pa. 323. Between line 7. 8. I can make a communication to M. de Meusnier which I dare say he will be glad to give an account of at this place.

Pa. 334. ‘150.000.’ I am of opinion that the proportion of persons to warriors among the Indians may be greatly estimated at about 10 to 3. Consequently we must not reckon that nations of Indians containing 25.000 warriors have more than about 80.000 persons.

Pa. 334. line 2. from bottom. ‘11 degrees,’ say 12 or 15 degrees.’

Finished June 22. 1786.

Mr. Jefferson presents his compliments to M. de Meusnier sends him copies of the 13th, 23d, 24th articles of the treaty between the K. of Prussia the United States.

In the negociation with the Minister of Portugal at London, the latter objected to the 13th article. The observations which were made in answer to his objections Mr. Jefferson incloses. They are a commentary on the 13th article. Mr. de Meusnier will be so good as to return the sheet on which these observations are as Mr. Jefferson does not retain a copy of it.

If M. de Meusnier proposes to mention the facts of cruelty of which he Mr. Jefferson spoke yesterday, the 24th article will introduce them properly, because they produced a sense of the necessity of that article. These facts are 1. The death of upwards of 11,000 Americans in one prison ship (the Jersey) and in the space of 3. years. 2. General Howe’s permitting our prisoners taken at the battle of Germantown and placed under a guard in the yard of the Statehouse of Philadelphia to be so long without any food furnished them that many perished with hunger. Where the bodies laid, it was seen that they had eaten all the grass round them within their reach, after they had lost the power of rising, or moving from their place. 3. The 2d fact was the act of a commandg officer; the 1st of several commanding officers, for so long a time as must suppose the approbation of government. But the following was the act of government itself. During the periods that our affairs seemed unfavourable theirs successful, that is to say, after the evacuation of New York, and again after the taking of Charlestown in South Carolina, they regularly sent our prisoners taken on the seas carried to England to the E. Indies. This is so certain, that in the month of Novemb. or Decemb. 1785, Mr. Adams having officially demanded a delivery of the American prisoners sent to the East Indies, Ld. Cærmarthen answered officially “that orders were issued immediately for their discharge.” M. de Meusnier is at liberty to quote this fact. 4. A fact not only of the government, but of the parliament, who passed an act for that purpose in the beginning of the war, was the obliging our prisoners taken at sea to join them and fight against their countrymen. This they effected by starving whipping them. The insult on Capt. Stanhope, which happened at Boston last year, was a consequence of this. Two persons, Dunbar Lorthrope, whom Stanhope had treated in this manner (having particularly inflicted 24 lashes on Dunbar), meeting him at Boston, attempted to beat him. But the people interposed saved him. The fact is referred to in that paragraph of the declaration of independence which sais “he has constrained our fellow citizens taken captive on the high seas, to bear arms against their country, to become the executioners of their friends brethern, or to fall themselves by their hands.” This was the most afflicting to our prisoners of all the cruelties exercised on them. The others affected the body only, but this the mind—they were haunted by the horror of having perhaps themselves shot the ball by which a father or a brother fell. Some of them had constancy enough to hold out against half allowance of food repeated whippings. These were generally sent to England from thence to the East Indies. One of these escaped from the East Indies and got back to Paris, where he gave an account of his sufferings to Mr. Adams, who happened to be then at Paris.

M. de Meusnier, where he mentions that the slave-law has been passed in Virginia, without the clause of emancipation, is pleased to mention that neither Mr. Wythe nor Mr. Jefferson were present to make the proposition they had meditated; from which people, who do not give themselves the trouble to reflect or enquire, might conclude hastily that their absence was the cause why the proposition was not made; of course that there were not in the assembly persons of virtue firmness enough to propose the clause for emancipation. This supposition would not be true. There were persons there who wanted neither the virtue to propose, nor talents to enforce the proposition had they seen that the disposition of the legislature was ripe for it. These worthy characters would feel themselves wounded, degraded, discouraged by this idea. Mr. Jefferson would therefore be obliged to M. de Meusnier to mention it in some such manner as this. “Of the two commissioners who had concerted the amendatory clause for the gradual emancipation of slaves Mr. Wythe could not be present as being a member of the judiciary department, and Mr. Jefferson was absent on the legation to France. But there wanted not in that assembly men of virtue enough to propose, talents to vindicate this clause. But they saw that the moment of doing it with success was not yet arrived, and that an unsuccessful effort, as often happens, would only rivet still closer the claims of bondage, and retard the moment of delivery to this oppressed description of men. What a stupendous, what an incomprehensible machine is man! who can endure toil, famine, stripes, imprisonment death itself in vindication of his own liberty, and the next moment be deaf to all those motives whose power supported him thro’ his trial, and inflict on his fellow men a bondage, one hour of which is fraught with more misery than ages of that which he rose in rebellion to oppose. But we must await with patience the workings of an overruling providence, hope that that is preparing the deliverance of these, our suffering brethren. When the measure of their tears shall be full, when their groans shall have involved heaven itself in darkness, doubtless a god of justice will awaken to their distress, and by diffusing light liberality among their oppressors, or at length by his exterminating thunder, manifest his attention to the things of this world, and that they are not left to the guidance of a blind fatality.”

TO JOHN JAY

—I received on the 18th instant your private favor of Dec. 9. and thank you for the confidence you are so good as to repose in me, of which that communication is a proof. As such it is a gratification to me, because it meets the esteem I have ever borne you. But nothing was needed to keep my mind right on that subject, and I believe I may say the public mind here. The sentiments entertained of you in this place are too respectful to be easily shaken. The person of whom you speak in your letter arrived here on the 19th and departed for Warsaw 1 on the 22d. It is really to be lamented that after a public servant has passed a life in important and faithful services, after having given the most plenary satisfaction in every station, it should yet be in the power of every individual to disturb his quiet, by arraigning him in a gazette and by obliging him to act as if he needed a defence, an obligation imposed on him by unthinking minds which never give themselves the trouble of seeking a reflection unless it be presented to them. However it is a part of the price we pay for our liberty, which cannot be guarded but by the freedom of the press, nor that be limited without danger of losing it. To the loss of time, of labour, of money, then, must be added that of quiet, to which those must offer themselves who are capable of serving the public, and all this is better than European bondage. Your quiet may have suffered for a moment on this occasion, but you have the strongest of all supports that of the public esteem. It is unnecessary to add assurances of that with which I have the honor to be dear Sir,

TO ARCHIBALD STUART 1

—I have received your favor of the 17th of October, which though you mention as the third you have written me, is the first which has come to hand. I sincerely thank you for the communications it contains. Nothing is so grateful to me at this distance as details both great small of what is passing in my own country. Of the latter we receive little here, because they either escape my correspondents or are thought unworthy notice. This however is a very mistaken opinion, as every one may observe by recollecting that when he has been long absent from his neighborhood the small news of that is the most pleasing and occupies his first attention either when he meets with a person from thence, or returns thither himself. I shall hope therefore that the letter in which you have been so good as to give me the minute occurrences in the neighborhood of Monticello may yet come to hand. And I venture to rely on the many proofs of friendship I have received from you, for a continuance of your favors. This will be the most meritorious as I have nothing to give you in exchange. The quiet of Europe at this moment furnishes little which can attract your notice. Nor will that quiet be soon disturbed, at least for the current year. Perhaps it hangs on the life of the K. of Prussia, and that hangs by a very slender thread. American reputation in Europe is not such as to be flattering to its citizens. Two circumstances are particularly objected to us, the nonpaiment of our debts, and the want of energy in our government. These discourage a connection with us. I own it to be my opinion that good will arise from the destruction of our credit. I see nothing else which can restrain our disposition to luxury, and the loss of those manners which alone can preserve republican government. As it is impossible to prevent credit, the best way would be to cure it’s ill effects by giving an instantaneous recovery to the creditor; this would be reducing purchases on credit to purchases for ready money. A man would then see a poison painted on everything he wished but had not ready money to pay for. I fear from an expression in your letter that the people of Kentucké think of separating not only from Virginia (in which they are right) but also from the confederacy. I own I should think this a most calametous event, and such an one as every good citizen on both sides should set himself against. Our present federal limits are not too large for good government, nor will the increase of votes in Congress produce any ill effect. On the contrary it will drown the little divisions at present existing there. Our confederacy must be viewed as the nest from which all America, North South is to be peopled. We should take care too, not to think it for the interests of that great continent to press too soon on the Spaniards. Those countries cannot be in better hands. My fear is that they are too feeble to hold them till our population can be sufficiently advanced to gain it from them piece by piece. The navigation of the Mississippi we must have. This is all we are as yet ready to receive. I have made acquaintance with a very sensible candid gentleman here who was in South America during the revolt which took place there while our revolution was working. He says that those disturbances (of which we scarcely heard anything) cost on both sides an hundred thousand lives.—I have made a particular acquaintance here with Monsieur de Buffon, and have a great desire to give him the best idea I can of our elk. Perhaps your situation may enable you to aid me in this. Were it possible, you could not oblige me more than by sending me the horns, skeleton, skin of an elk. The most desirable form of receiving them would be to have the skin slit from the under paw along the belly to the tail, down the thighs to the knee, to take the animal out, leaving the legs and hoofs, the bones of the head, the horns attached to the skin by sewing up the belly shipping the skin it would present the form of the animal. However as an opportunity of doing this is scarcely expected I shall be glad to receive them detached, packed in a box, sent to Richmond to the care of Doctor Currie. Every thing of this kind is precious here, and to prevent my adding to your trouble I must close my letter with assurances of the esteem attachment with which I am Dr Sir Your friend servt.

P. S. I must add a prayer for some Peccan nuts, 100, if possible, to be packed in a box of sand and sent me. They might come either directly or via N. York.

TO C. W. F. DUMAS 1

—I was honoured some time ago with a letter from you of Dec. 6 inclosing two for America which I forwarded by the first occasion. On the 18th of this month I received a letter from his Excellency the Count de Vergennes expressing the interest which he takes in your welfare and recommending you to Congress. This I had an opportunity of forwarding from hence on the 27th of Jan. under cover to Mr. Jay. Yesterday I was gratified with the receipt of your favor of Jan. 27 containing a copy of the resolution. of Congress of Oct. 14 in your favor, and which I wish had been more so. With respect to the paiment of the arrearages, two things are necessary, first an order from the treasury and secondly money to comply with it. Mr. Grand wrote to me this morning that he had not now as much left to pay a bill of Mr. Carmichael’s for 4500 livres just presented. I shall forward your letter to Mr. Jay the next week with a request that the necessary measures may be taken for the paiment of your arrearages and interest. In the mean time I think you would do well to write a line for the same purpose to Mr. Jay, or to the Commissioners of the Treasury. I do not mean that what I have said above should prevent your drawing in due time for the salary of the current quarter. I will honour that draught from a private fund with which I can take that liberty. I thank you for what you say of the Notes on Virginia. It is much more than they deserve: tho the various matters they touch on would have been beyond the information of any one person whatever to have treated fully, and infinitely beyond mine, yet had I, at the time of writing them, had anything more in view than the satisfying a single individual, they should have been more attended to both in form and matter. Poor as they are, they have been thought worthy of a surreptitious translation here, with the appearance of which very soon I have been threatened. This has induced me to yield to a friendly proposition from the Abbé Morellet to translate and publish them himself submitting the sheets previously to my inspection. As a translation by so able a hand will lessen the faults of the original instead of their being multiplied by a hireling translator, I shall add to it a map, and such other advantages as may prevent the mortification of my seeing it appear in the injurious form threatened. I shall with great pleasure send a copy of the original to you by the first opportunity, praying your acceptance of it.

TO JAMES MADISON

—My last letters have been of the 1st 20th of Sept. and the 28th of Oct. Yours unacknowledged are of Aug. 20, Oct. 3, Nov. 15. I take this the first safe opportunity of enclosing to you the bills of lading for your books, two others for your namesake of Williamsburgh for the attorney which I will pray you to forward. I thank you for the communication of the remonstrance against the assessment. Mazzei who is now in Holland promised me to have it published in the Leyden gazette. It will do us great honour. I wish it may be as much approved by our assembly as by the wisest part of Europe. I have heard with great pleasure that our assembly have come to the resolution of giving the regulation of their commerce to the federal head. I will venture to assert that there is not one of it’s opposers who, placed on this ground, would not see the wisdom of this measure. The politics of Europe render it indispensably necessary that with respect to everything external we be one nation only, firmly hooped together. Interior government is what each state should keep to itself. If it could be seen in Europe that all our states could be brought to concur in what the Virginia assembly has done, it would produce a total revolution in their opinion of us, and respect for us. And it should ever be held in mind that insult war are the consequences of a want of respectability in the national character. As long as the states exercise separately those acts of power which respect foreign nations, so long will there continue to be irregularities committing by some one or other of them which will constantly keep us on an ill footing with foreign nations.

I thank you for your information as to my Notes. The copies I have remaining shall be sent over to be given to some of my friends and to select subjects in the college. I have been unfortunate here with this trifle. I gave out a few copies only, to confidential persons, writing in every copy a restraint against it’s publication. Among others I gave a copy to a Mr. Williamos. He died. I immediately took every precaution I could to recover this copy. But by some means or other a bookseller had got hold of it. He employed a hireling translator and was about publishing it in the most injurious form possible. An Abbé Morellet, a man of letters here to whom I had given a copy, got notice of this. He had translated some passages for a particular purpose: and he compounded with the bookseller to translate give him the whole, on his declining the first publication. I found it necessary to confirm this, and it will be published in French, still mutilated however in it’s freest parts. I am now at a loss what to do as to England. Everything, good or bad, is thought worth publishing there; and I apprehend a translation back from the French, and a publication there. I rather believe it will be most eligible to let the original come out in that country; but am not yet decided.

I have purchased little for you in the book way, since I sent the catalogue of my former purchases. I wish first to have your answer to that, and your information what parts of those purchases went out of your plan. You can easily say buy more of this kind, less of that c. My wish is to conform myself to yours. I can get for you the original Paris edition in folio of the Encyclopedie for 620 livres, 35. vols.; a good edn in 39 vols, 4to, for 380 ♯ ; and a good one in 39 vols 8vo, for 280 ♯ . The new one will be superior in far the greater number of articles: but not in all. And the possession of the ancient one has moreover the advantage of supplying present use. I have bought one for myself, but wait your orders as to you. I remember your purchase of a watch in Philadelphia. If it should not have proved good, you can probably sell her. In that case I can get for you here, one made as perfect as human art can make it for about 24 louis. I have had such a one made by the best most faithful hand in Paris. It has a second hand, but no repeating, no day of the month, nor other useless thing to impede and injure the movements which are necessary. For 12 louis more you can have in the same cover, but on the back side absolutely unconnected with the movements of the watch, a pedometer which shall render you an exact account of the distances you walk. Your pleasure hereon shall be awaited.

Houdon is returned. He called on me the other day to remonstrate against the inscription proposed for Genl W.’s statue. He says it is too long to be put on the pedestal. I told him I was not at liberty to permit any alteration, but I would represent his objection to a friend who could judge of it’s validity, and whether a change could be authorized. This has been the subject of conversations here, and various devices inscriptions have been suggested. The one which has appeared best to me may be translated as follows: “Behold, Reader, the form of George Washington. For his worth, ask History: that will tell it, when this stone shall have yielded to the decays of time. His country erects this monument: Houdon makes it.” This for one side. On the 2d represent the evacuation of Boston with the motto “Hostibus primum fugatis.” On the 3d the capture of the Hessians with “Hostibus iterum devictis.” On the 4th the surrender of York, with “Hostibus ultimum debellatis.” This is seizing the three most brilliant actions of his military life. By giving out here a wish of receiving mottos for this statue, we might have thousands offered, of which still better might be chosen. The artist made the same objection of length to the inscription for the bust of the M. de la Fayette. An alteration of that might come in time still, if an alteration was wished. However I am not certain that it is desirable in either case. The state of Georgia has given 20.000 acres of land to the Count d’ Estaing. This gift is considered here as very honourable to him, and it has gratified him much. I am persuaded that a gift of lands by the state of Virginia to the Marquis de la Fayette would give a good opinion here of our character, and would reflect honour on the Marquis. Nor am I sure that the day will not come when it might be an useful asylum to him. The time of life at which he visited America was too well adapted to receive good lasting impressions to permit him ever to accommodate himself to the principles of monarchical government; and it will need all his own prudence that of his friends to make this country a safe residence for him. How glorious, how comfortable in reflection will it be to have prepared a refuge for him in case of a reverse. In the meantime he could settle it with tenants from the freest part of this country, Bretagny. I have never suggested the smallest idea of this kind to him: because the execution of it should convey the first notice. If the state has not a right to give him lands with their own officers, they could buy up at cheap prices the shares of others. I am not certain however whether in the public or private opinion, a similar gift to Count Rochambeau could be dispensed with. If the state could give to both, it would be better: but in any event, I think they should to the Marquis. C. Rochambeau too has really deserved more attention than he has received. Why not set up his bust, that of Gates, Green, Franklin in your new capitol? A propos of the Capitol. Do my dear friend exert yourself to get the plan begun on set aside, that adopted which was drawn here. It was taken from a model which has been the admiration of 16. centuries, which has been the object of as many pilgrimages as the tomb of Mahomet: which will give unrivalled honour to our state, and furnish a model whereon to form the taste of our young men. It will cost much less too than the one begun, because it does not cover one half the Area. Ask if you please, a sight of my letter of Jan. 26 to Messrs. Buchanan Hay, which will spare me repeating its substance here.

Everything is quiet in Europe. I recollect but one new invention in the arts which is worth mentioning. It is a mixture of the arts of engraving printing, rendering both cheaper. Write or draw anything on a plate of brass with the ink of the inventor, and in half an hour he gives you engraved copies of it so perfectly like the original that they could not be suspected to be copies. His types for printing a whole page are all in one solid piece. An author therefore only prints a few copies of his work from time to time as they are called for. This saves the loss of printing more copies than may possibly be sold, and prevents an edition from being ever exhausted.

I am with a lively esteem Dear Sir, your sincere friend servant.

P. S. Could you procure send me an hundred or two nuts of the peccan? they would enable me to oblige some characters here whom I should be much gratified to oblige. They should come packed in sand. The seeds of the sugar maple too would be a great present.

TO THE MARQUIS DE LA FAYETTE

—I forgot last night a very Material circumstance in my calculation. The Farmers general are, by their bail, obliged to keep a certain provision of tobacco and snuff always on hand. I believe it is three years’ consumption. However for fear of error I will call it two years; because were the bail silent on this head they would certainly have always on hand one year’s stock ready for manufacture, and one year’s stock manufactured. There is no extensive manufacture which does not find that it has on hand generally two years’ stock of goods. As the Farmers buy their tobacco for ready money (and I know they even advance money) they lay out of their money two years. This interest must therefore be added, and the estimate will stand thus

thus, according to their own shewing, the King should in favor to them, discontinue the bail; and they cannot ask it’s continuance without acknowledging they have given in a false state of quantities sums.

TO THE SECRETARY FOR FOREIGN AFFAIRS
(JOHN JAY)

—The date of a letter from London will doubtless be as unexpected to you as it was unforeseen by myself a few days ago. On the 27 th of the last month Col o . Smith arrived in Paris with a letter from Mr. Adams informing me that there was at this place a minister from Tripoli having general powers to enter into treaties on behalf of his state, and with whom it was possible we might do something in our Commission to that power and that he gave reason to believe he could also take arrangements with us for Tunis: he further added that the minister of Portugal here had received ultimate instructions from his court, and that probably that treaty might be concluded in the space of three weeks were we all on the spot together. He therefore pressed me to come over immediately. The first of these objects had some weight in my mind, because as we had sent no person to Tripoli or Tunis I thought if we could meet a minister from them on this ground our arrangements would be settled much sooner at less expence. But what principally decided with me was the desire of bringing matters to a conclusion with Portugal before the term of our commission should expire or any new turn in the negotiations of France England should abate their willingness to fix a connection with us. A third motive had also it’s weight. I hoped that my attendance here, and the necessity of shortening it, might be made use of to force a decisive answer from this court. I therefore concluded to comply with Mr. Adams’s request. I went immediately to Versailles and apprised the Count de Vergennes that circumstances of public duty called me hither for three or four weeks, arranged with him some matters, and set out with Col o . Smith for this place where we arrived last night, which was as early as the excessive rigour of the weather admitted. I saw Mr. Adams immediately, again to-day. He informs me that the minister of Portugal was taken ill five or six days ago, has been very much so, but is now somewhat better. It would be very mortifying indeed should this accident, with the shortness of the term to which I limit my stay here, defeat what was the principal object of my journey, and that without which I should hardly have undertaken it. With respect to this country, I had no doubt but that every consideration had been urged by Mr. Adams which was proper to be urged. Nothing remains undone in this way. But we shall avail ourselves of our journey here as if made on purpose, just before the expiration of our commission, to form our report to Congress on the execution, of that Commission, which report they may be given to know cannot be formed without decisive information of the ultimate determination of their court. There is no doubt what that determination will be; but it will be useful to have it: as it may put an end to all further expectations on our side of the water, and shew that the time is come for doing whatever is to be done by us for counteracting the unjust greedy designs of this country. We shall have the honour, before I leave this place to inform you of the result of the several matters which have brought me to it.

A day or two before my departure from Paris I received your letter of Jan. The question therein proposed How far France considers herself as bound to insist on the delivery of the posts, would infallibly produce another, How far we consider ourselves as guarantees of their American possessions bound to enter into any future war in which these may be attacked? The words of the treaty of alliance seems to be without ambiguity on either head, yet I should be afraid to commit Congress by answering without authority. I will endeavor on my return to sound the opinion of the minister if possible without exposing myself to the other question. Should anything forcible be meditated on those posts, it would possibly be thought prudent previously to ask the good offices of France to obtain their delivery. In this case they would probably say we must first execute the treaty on our part by repealing all acts which have contravened it. Now this measure, if there be any candour in the court of London, would suffice to obtain a delivery of the posts from them, without the mediation of any third power. However if this mediation should be finally needed I see no reason to doubt our obtaining it, and still less to question its omnipotent influence on the British court.

TO ALEXANDER McCAUL

—Your favor of Mar. 30 came to hand some days ago, and renewed the recollection of a friendship among the earliest I formed in life, and which neither time nor events have weakened at any moment since. I wish it were in my power to inform you that arrangements were at length taken between the two nations for carrying into complete execution the late treaty of peace, and for settling those conditions which are essential to the continuance of a commerce between them. I suppose all arrangement is thought unnecessary here, as the subject has not been deemed worthy of a conference. Both nations are left to pursue their own measures and it is not easy to foresee what these will be. Each has complaints on the subject of the late treaty. We, that but one post out of six or eight within our limits has yet been evacuated by the British troops; and that a great number slaves were brought away contrary to stipulation, on the other part it is urged that we have thrown obstructions in the way of the recovery of the debts due to the merchants of this country. There are two circumstances of difficulty in the paiment of these debts. To speak of the particular state with which you I are best acquainted, we know that it’s debt is ten times the amount of it’s circulating cash. To pay that debt at once then is a physical impossibility. Time is requisite. Were all the creditors to rush to judgment together, a mass of two millions of property would be brought to market where there is but the tenth of that sum of money in circulation to purchase it. Both debtor and creditor would be ruined, as debts would be thus rendered desperate which are in themselves good. Of this truth I find the merchants here sufficiently sensible, I have no doubt we should have arranged the article of time to mutual satisfaction, allowing judgment to pass immediately, dividing the execution into instalments. There was another point on which we should have differed. It is a general sentiment in America that the principal of these debts should be paid, that that alone is stipulated by the treaty. But they think the interest also which arose before since the war, is justly due. They think it would be as unjust to demand interest during the war. They urge that during that time they could not pay the debt, for that of the remittances attempted, two thirds on an average were taken by the nation to whom they were due: that during that period they had no use of the money, as from the same circumstance of capturing their produce on the sea, tobacco sold at 5/ the hundred, which was not sufficient to bear the expences of the estate, that they paid the taxes and other charges on the property during that period, and stood it’s insurers in the ultimate event of the war. They admit indeed that such individual creditors as were not engaged in privateering against them have lost this interest; but that it was the fault of their own nation and that this is the case where both parties having lost, each may justifiably endeavor to save himself. Setting aside this portion of the interest I am persuaded the debts in America are generally good, and that there is an honest intention to pay them. The improvident and indolent may delay the commencement of that duty, but they do not think certainly to avoid it. After the war ceased the first profits of their plantations would be applied to get supplies of clothing, to rebuild their houses, fences, barns, c. where they were burned, or decayed, and to repair the other ravages of the war. This might reasonably take two or three years: but it is now time that they should begin the paiment of their old debts.

With respect to myself I acknowledge to you that I do not think an interest justly demandeable during the war. Whatever I owed, with interest previous subsequent to the war, I have taken measures for paying as speedily as possible. My chief debts are to yourself to Mr. Jones of Bristol. In the year 1776 before there was a shilling of paper money issued, I sold land for £4200 to pay these two debts. I did not receive the money till it was not worth Oak leaves. I have lost the principal and interest of these debts once then in attempting to pay them. Besides this L d . Cornwallis’ army took off 30 of my slaves, burnt one year’s crop of tobacco in my houses destroyed another in the fields with other damages to the amount of three or four thousand pounds. Still I am renewing my efforts to pay what I justly ought; and I hope these will be more successful. My whole estate is left in the hands of Mr. Lewis of Albemarle and Mr. Eppes of Chesterfield to apply it’s whole profits to the paiment of my debts. Some had been necessarily contracted during the war. They write me word that these will be cleared off this year. There will remain then only yours Mr. Jones’s, toward which the labour of 100 slaves will be annually applied till the paiment is effected, for till that I shall not draw one shilling from the estate nor resume it’s possession. I do not know the exact amount of either of these debts, but I propose that the profits of my estate shall be annually divided in proportion to them. I think it very possible that you will not concur with me in opinion as to the intermediate interest: and that so far I shall meet your censure. Both parties are liable to feel too strongly the arguments which tend to justify their endeavors to avoid this loss. Yet after making allowances for this prejudice, it seems to me impossible but that the hardships are infinitely greater on our side than on yours. You have lost the interest but it is not we who have gained it. We deem your nation the aggressors. They took those profits which arose from your property in our hands, and inflicted on us immeasurable losses besides. I urge these considerations because while they decide my own opinion, I wish them to weigh so much as to preserve me yours, which I highly esteem, and should be afflicted were I to lose it. I have thus stated to you my views of things both public private, according to the wish expressed in your letters, and I rely on your justice that you make use of the information for your own purposes only, without committing me. I shall at all times be happy to hear from you, being with sincere esteem, Dear Sir, Your friend and servt.