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TO JAMES MADISON

mad. mss.

Annapolis, Jan. 1, 1784.

Dear Sir,

—Your favour of the 10^th Dec. came to hand about a fortnight after its date. It has occasioned me to reflect a little more attentively on Buffon’s central heat than I did in the moment of our conversation and to form an opinion different from what I then expressed. The term ‘central heat’ does of itself give us a false idea of Buffon’s hypothesis. If it means a heat lodged in the center of the earth and diffusing it’s warmth from thence to the extremities, then certainly it would be less in proportion to the distance from that center, & of course less under the equator than the poles, on high mountains than in deep vallies. But Buffon’s theory is that this earth was once in a state of hot fusion, and that it has been, and still continues to be cooling. What is the course of this process? a heated body being surrounded by a colder one whether solid or fluid, the heat, which is itself a fluid flows into the colder body equally from every point of the hotter. Hence if a heated spheroid of iron cools to a given degree, in a given space of time, an inch deep from its surface, in one point, it has in the same time done the same in any & every other point. In a given time more, it will be cooled all round to double that depth. So that it will always be equally cooled at equal depths from the surface. This would be the case with Buffon’s earth, if it were a smooth figure without unevennesses. But it has mountains and vallies. The tops of mountains will cool to greater depths in the same time than the sides of mountains & than plains in proportion as the line a.b. is longer than a.c. or d.e. or f.g. In the valley the line h.i. or depth of the same temperature will be the same as on a plain. This however is very different from

Buffon’s opinion. He sais that the earth being thinnest at the poles will cool sooner there than under the equator, where it is thicker. If my idea of the process of cooling be right, his is wrong and his whole theory in the Epochs of Nature is overset.

The note which I delivered you contained an acknowledgment of my having borrowed from you a draught for 333⅓ dollars and a promise to repay it on demand. This was exclusive of what I had borrowed in Philadelphia.

We have never yet had more than 7. states, and very seldom that, as Maryland is scarcely ever present, and we are now without a hope of it’s attending till February. Consequently having six states only, we do nothing. Expresses & letters are gone forth to hasten on the absent states that we may have 9. for a ratification of the definitive treaty. Jersey perhaps may come in, and if Beresford will not come to Congress, Congress must go to him to do this one act. Even now it is full late. The critical situation in which we are like to be gave birth to an idea that 7. might ratify. But it could not be supported. I will give you a further account of this when it shall be finally settled.

The letters of our ministers inform us that the two empires have formed a league defensive against Christian powers & offensive ag^t. the Turks. When announced by the Empress to the K. of Prussia he answered that he was very sensible on it as one is when informed of important things. France answered in a higher tone and offered to mediate. If Prussia will join France perhaps it may prevent the war: if he does not, it will be bold for France alone to take the aid of the Turks on herself. Ireland is likely to find employment for England. The United Netherlands are in high fermentation. The people now marshall themselves in arms and exercise regularly under the banners of their towns. Their object is to reduce the powers of the Stadtholder.

I have forwarded your letter to Mrs. House. Mrs. Trist I expect left Philadelphia about the 18th of Dec. for Pittsburgh. I had a letter from her in which she complained of your not having written and desired me to mention it to you. I made your excuse on the good grounds of the delays you must have experienced on your journey & your distance from the post road: but I am afraid she was gone before my letter reached Philadelphia. I have had very ill health since I have been here and am getting rather lower than otherwise.

MOTION ON RATIFICATION OF TREATY1

c. c.

[Jan. 2, 1784.]

FAIR COPY

Whereas it is stipulated in the definitive treaty of peace between the United States of America and his Britannic Majesty that the ratifications of sd treaty shall be exchanged on or before the 3d day of March next and there now remains before that period little more time than is requisite for the passage of the said ratification across the Atlantic; and Congress consisting at present but of 7 states these differ in opinion, some of them considering 9, as requisite under the Confederation to the establishment of every treaty, while others are of opinion that 9, having ratified the Provisional treaty and instructed their ministers to enter into a definitive one conformable thereto, which is accordingly done, seven may under these particular circumstances ratify what has been so declared by 9 to have their approbation; and those of the former opinion being equally desirous with the latter that no power which may be supposed they possess should remain unexercised for the final ratification of this instrument, provided it may be done with the preservation of good faith towards the other contracting party, and without importing that Congress has given any express opinion that the sd ratification is be or be not authorized by the Confederation.

Resolved therefore that the states now present in Congress do declare their approbation and so far as they have power, their ratification of the sd treaty, that the (same) Ratification in the usual Form be duly attested under the seal of the States and transmitted to our ministers with instructions to keep the same uncommunicated & to propose to the other contracting party a convention extending the time for the exchange of ratifications 3 months further: that the sd ministers be informed that so soon as 9 states shall be present in Congress the said treaty shall be submitted to them & their ratification when obtained shall be transmitted also: that if they should receive the ratification by 9 states before the ultimate point of time allowed for exchange this alone be used & the former cancelled: that if it should not be received in time, they then produce the act of the 7 states, & give the same in Exchange, informing the other contracting party, that the sd treaty came to hand when Congress was not in session that 7 states only had assembled, that this ratification has been expedited with their unanimous consent and offering it in exchange for theirs, with an assurance that it will be followed by another expedited in all it’s forms by nine states so soon as they shall be assembled, which shall be delivered to them also.

ROUGH DRAFT

Whereas it is stipulated in the definitive treaty of peace between the United States and his Britannic Majesty that the ratifications of the sd treaty shall be exchanged on or before the 3d. day of March next and there now remains before that period little more time than is requisite for the passage of the sd ratification across the Atlantic; and Congress consisting at present but of 7. states, these differ in opinion, some of them considering 9. states as requisite under the Confederation to the establishment of every treaty while others are of opinion that the provisional treaty nine states having ratified the Provisional treaty, and having instructed their Ministers to enter into a definitive one conformable thereto which is accordingly done, seven states may under these particular circumstances ratify what has been so declared by nine states to have their approbation; and those of the former opinion being equally desirous with the latter that no power which it may be supposed they possess should remain unexercised for the final ratification of this instrument establishment of peace provided it may be done with good faith the preservation of good faith towards the other contracting party and without being supposed to conveying any opinion of Congress that such ratification is authoritative, which supposition would be contrary to truth:

Resolved therefore that the states now present in Congress do declare their approbation of and ratification of the sd treaty; that the same be duly attested under the seal of the states; and transmitted to our Ministers with instructions to make use of it till the last point of time: that in the meantime so soon as nine states shall be present in Congress, the said treaty shall be submitted to them and their further ratification & when obtained this shall be transmitted to our Ministers also in hope of its reaching our Ministers them by the stipulated time in which case this shall be used and the former cancelled; that however they do not receive the ratification by nine states before the time for exchange & then tender produce the act of the seven states, at the same time expressing the doubts which Congress otherwise con are entertained of it’s validity, offering it to their acceptance of the other party in exchange for theirs with assurance that it may and opposing that that shall be accepted and shall will be followed by ratifications another expedited by nine states to be which shall be delivered to them also; otherwise on that they agree on a further day for the exchange of ratifications at their option and at the same time explaining (if they find it necessary for the preservation of our good faith) the differences of opinion which exist as to the compliance of seven states to this act: or if it be more eligible to the other party that then they agree on a further day for the exchange of ratifications.

RESOLUTION ON DEFINITIVE TREATY1

c. c.

[Jan. 14?, 1784]

Resolved that the sd ratification be immediately expedited in good and & due form under the seal the following form to wit [here insert the ratification] and be transmitted to our ministers plenipotentiary by whom the said treaty was negotiated and signed.

RATIFICATION OF DEFINITIVE TREATY2

c. c.

[January 14, 1784]

The United States in Congress assembled to all persons to whom these presents shall come greeting:

Whereas definitive articles of peace and friendship between the United States of America and his Britannic majesty were concluded and signed at Paris on the third day of September 1783, by the Commissioners Plenipotentiaries of the said United States and of his said Britannic majesty duly and respectively authorized for that purpose, which definitive articles are in these words following [here insert them]

Now know ye that we the United States in Congress assembled having seen and considered the definitive articles, aforesaid, have approved, ratified and confirmed and by these presents do approve ratify and confirm the said articles, and every part & clause thereof engaging and promising that we will sincerely & faithfully perform & observe the same and never suffer them to be violated by any one, or transgressed in any manner, as far as lies in our power.

In testimony whereof we have caused the seal of the United States to be hereunto affixed.

Witness his Excellency Thomas Mifflin President this — day of December, in the year of our Lord 1783 and of the sovereignty in the eighth year and independence of the United States the eighth fourteenth day of Jan^y in the year of our Lord one thousand seven hundred and eighty four and in the eighth year of the sovereignty & independence of the United States of America.

DRAFT FOR PROCLAMATION ANNOUNCING RATIFICATION OF DEFINITIVE TREATY1

c.c.

January 14, 1784.

By the United States of America in Congress Assembled

A Proclamation.

Whereas Definitive articles of peace and friendship between these the United States of America of America and his Britannic majesty were concluded & signed at Paris on the third day of September 1783, by the Commissioners Plenipotentiaries of the said United States and of his said Britannic majesty duly and respectively authorized for that purpose which definitive articles are in the words following [here insert them].

And we the United States in Congress assembled having seen and duly considered the definitive articles aforesaid did by a certain act under the seal of the United States bearing date this 14 day of December Jan^y 1784, approve ratify & confirm the same & every part & clause thereof engaging & promising that we would sincerely & faithfully perform & observe the same, and never suffer them to be violated by any one, or transgressed in any manner, as far as should lie in our power.

And being sincerely disposed to carry the said articles into execution honestly, truly honestly and with good faith according to the intent & meaning thereof we have thought proper by these presents to notify the premises to all the good citizens of these States, hereby requesting requiring and enjoining all persons and all bodies of magistracy Legislative Executive and Judiciary all persons bearing office civil or military of whatever rank, degree, or powers and all others the good citizens of these States of whatever every vocation and condition that reverencing those stipulations entered into on & condition in obedience to these delegations their behalf under the authority of that federal moral political & legal whereby they are called bond by which their existence as an independant to the observance of stipulations duly & regularly people is bound up together, and is known and derived from their several laws & constitutions acknowledged by the nations of the world; and and with that good faith which is every honest with that good faith which is every man’s best comfort that within their man’s surest guide, within their several offices, jurisdictions & vocations, they carry into effect the said Definitive articles, & every clause & sentence thereof sincerely strictly & completely.

Given under the seal of the United States. Witness his Excellency Thomas Mifflin, our President at Annapolis this 14^th day of Dec. Jan^y 1784 & of the sovereignty & independance of the United States of America the eighth.

TO MARTHA JEFFERSON1

Annapolis, Jan. 15th, 1783.

My dear Martha,

—I am anxious to know what books you read, what tunes you play, and to receive specimens of your drawing. With respect to your meeting M. Simitière2 at Mr. Rittenhouse’s, nothing could give me more pleasure than your being much with that worthy family, wherein you will see the best examples of rational life, and learn to esteem and copy them. But I should be very tender of intruding you on the family; as it might, perhaps, be not always convenient for you to be there at your hours of attending M. Simitière. I can only say, then, that if it has been desired by Mr. and Mrs. Rittenhouse, in such a manner as that Mrs. Hopkinson shall be satisfied that they will not think it inconvenient, I would have you thankfully accept it; and conduct yourself with so much attention to the family as that they may never feel themselves incommoded by it. I hope Mrs. Hopkinson will be as good as to act for you in this matter with that delicacy and prudence of which she is so capable. I have much at heart your learning to draw, and should be uneasy at your losing this opportunity, which probably is your last.

TO THE GOVERNOR OF VIRGINIA (BENJAMIN HARRISON)

v. s. a.

Annapolis Jan. 16 1784

Sir,

—The Southern post, which had not come in for three weeks past, surprised us by his arrival to day. Being to return in half an hour I could only, after a perusal of my letters, hastily inclose to your Excellency a copy of the proclamation announcing the ratification of the peace, which we were enabled to expedite on the 14th inst. that being the first day on which nine states have attended during the present Congress. This irregularity in the post will account for your having received no letter from Mr. Hardy, the corresponding member for the month. An indisposition at present puts it out of his power to write, in which case, according to our arrangement, the duty devolves on the next member in the nomination. The right of individual correspondence however still remaining to us I take the liberty of communicating the occurrences of the time:

The important subjects now before Congress are:

1. authorizing our Foreign ministers to enter into treaties of alliance & commerce with the several nations who have desired it.

2. arranging the Domestic administration.

3. establishing Arsenals within the states, & posts on our Frontier.

4. Disposing of the Western territory.

5. treaties of peace and purchase with the Indians.

6. Money.

Your Excellency will perceive that these are questions of such difficulty as must produce differences of opinion, and of such importance as forbid a sacrifice of judgment to one another. We have but nine states present, seven of which are represented by only two members each. There are 14 gentlemen then, any one of which differing from the rest, stops our proceeding, for all these questions require the concurrence of nine states. We shall proceed in a day or two to take them up, and it is my expectation that after having tried several of them successively and finding it impossible to obtain a single determination, Congress will find it necessary to adjourn till the spring, first informing the states that they adjourn because from the inattendance of members their business cannot be done, recommending to them to instruct & enable their members to come on at the day appointed, and that they constantly keep three at least with Congress while it shall be sitting. I believe if we had thirteen states present represented by three members each we could clear off our business in two or three months, and that hereafter a session of two or three months in the year could suffice.

The manifesto of the Empress of Russia against the Turks is come to hand—it is flimsy and groundless as that of the Turks is strong & substantial & masterly.

TO THE GOVERNOR OF VIRGINIA1 (BENJAMIN HARRISON)

Annapolis Jan. 17. 1784.

Sir,

—No post having arrived here from the Southward during the present month till this day, & being to return in a few minutes I am obliged without an opportunity of asking the concurrence of my colleagues to enclose you a copy of the proclamation of the Definitive treaty & it’s ratification which happily took place on the 14th instant. Two officers were immediately dispatched to seek passage by different vessels to France with this important document. I expect one of them would reach the French packet at New York which was to sail from thence on the 20th.

TO THE GOVERNOR OF VIRGINIA1 (BENJAMIN HARRISON)

v. s. a.

Annapolis, Jan. 23, 1784.

Sir,

—The inclosed papers from Oliver Pollock came to our hands a few days ago. Ignorance of the organisation of our government probably led him to make this improper address, on a business so foreign to the line of our duty. We take the liberty on his behalf of inclosing them to your Excellency with a copy of our answer to him.

We have the honor to be with the most profound respect & esteem Your Excellency’s most obedient and most humble servants

Th. Jefferson

Jas. Monroe

Arthur Lee

S. Hardy

TO OLIVER POLLOCK

Annapolis Jan 23. 1784.

Sir,

—Your letter bearing date at the Havana Nov. 20, 1783, came to our hands a few days ago. The subject of it however is one of those submitted by the constitution of our State to its Executive power, our duties being such only as respect the Confederacy in general. We think it therefore the most likely means of promoting your wishes to inclose the letter with the papers accompanying it to his Excellency the Governor of Virginia which we will immediately do & have no doubt you will receive justice from the State on every well authenticated claim.

DRAFT OF A REPORT ON THE MEMORIAL OF ZEBULON BUTLER AND OTHERS1

jeff. mss.

c. c.

ROUGH DRAFT

[January 23, 1784]

The Commee to whom were referred the petⁿ of Zebulon Butler & others claim^t under the State of resolutions of the General assembly of Connecticut private soil in this & the letter & proclamation of Gov^r Trumbul desiring that a court may be inst^d for determin^g the a revision of the sentence of the Judges formerly Connect. of the private right of soil within the territory Westw^d of appointed to hear & finally determine the controversy the Delaware, lately in controversy betw. the 2^d sd states between that state & the state of Pennsylvania con of Connecticut & that of Penna & complain^g that they are disturbed in cerning the boundaries & jurisdiction of the sd States their sd right by others claiming under the sd state of on the Western side of the Delaware, also that a Penna & praying that a C^t may be inst^d. for determ^g the Court may be instituted for determining the said rights; and the resolns of the G A of Conn & lre private right of soil within the sd territory & proclamn of Gov^r. Trumbul praying in like mann^r the instn of such a court and further notifying that the sd state of Connecticut claims jurisdiction over all the lands between Pennsylvania & the Missisipi from 41° to 42° 2″ Northern latitude. and the petition of Zebulon Butler & others inhabitants within the territory late in dispute between the sd states complaining that they are disturbed in their private right of soil & praying in like manner the institution of a court for determining the same, have agreed to the following report resoln.

It appears to your Commee that the controversy between the states of Pennsylva & Connecticut for the territory on the Western side of Delaware river alledged to be within both their boundaries was originated in Congress so early as the 5 day of Octob. 1775, and was frequently & much agitated therein from that time to the 3^d. day of Nov. 1781.

That the state of Pennsva did then petition Congress that the same might be determined according to the 9^th. Art. of the Confedn.

That Congress did thereon on the 14^th. day of the same month direct a notification to the state of Connecticut of the petition from Pennsylvania and assign a day for proceeding thereon.

That the same was regularly proceeded on according to the 9^th. Art. of the Confedn and that the judges met at Trenton on the 12^th. day of Nov. 1782 to hear and determine the same.

That a fair, full & patient hearing of the parties by their agents, was given and mature consideration had by the sd court from the sd 12^th. day of Nov. day by day without intermission till the 30^th. day of Dec. when final sentence was pronounced: that this sentence was with the unanimous concurrence of the sd judges.

That no improper biass or conduct in the judges or any of them is suggested or supposed or even suggested.

That the sd 9^th. Article of the Confedn declares that the sentence of such a court shall be final & conclusive

Resolved therefore that the sd sentence ought not to be revised.

Resolved that a court should be instituted according to the sd 9^th. Art. of the Confedn for determining the private right of soil so far as the same is by the sd article submitted to the determination of such court.

Resolved that the 4^th. Monday in June next be assigned for the appearance of the sd states of Connecticut & Pennsylvania and parties by their lawful agents at the place in which before Congress or the Commee of the states wheresoever they shall be then sitting.

Resolved that the form of the notice be as follows, to be transmitted by the secretary To the claimants of the private right of soil within the territory heretofore claimed by the state of Connecticut but adjudged to belong to the state of Pennsylvania by the sentence of a federal court pronounced at Trenton on the 30^th. day of December 1782 To the Legislative and Executive authorities of the state of Pennsylvania

It is hereby made known that pursuant to the 9^th article of the Confederation the Legislative & Executive bodies of the state of Connecticut and sundry individuals claiming private right of soil under the state of Connecticut of the said state have made application to Congress relating within the territory Westward of the Delaware late in dispute between the sd state & that of Pennsylvania have made application to Congress stating that they sd individuals and others claiming lands under grants from the sd state of Connecticut have been disturbed in their said right of soil by others claiming under grants from the state of Pennsylva and praying for the institution of a court for determining the private right of soil in pursuance of the sd 9^th. article of the Confedn; and that the 4^th. Monday in June next is assigned for the appearance of the Connecticut & sd states of Pennsylvania and Connecticut parties by their lawful agents before Congress or a Commee of the states wheresoever they shall be then sitting, to proceed in the premises as by the sd Confedn is directed.

By order of Congress

Charles Thomson

Secretary

Resolved that the sd notice be transmitted by the Secretary to the Executives of the states of Connecticut & Legislative powers of the state of Pennsylva with a request that they take proper measures for serving the same on the parties interested under their states respectively.

The Commee having not had time to go through so much of the papers referred to them as relates to the claim of the sd state of Connecticut to territory Westward of the state of Pennsylvania beg further time for that purpose.

FAIR COPY

The Commee to whom were referred the petition of Zebulon Butler & others claiming under the state of Connecticut private right of soil within the territory Westward of the Delaware lately formerly in controversy between the said state & that of Pennsylvania and lately determined by a court constituted & appointed agreeably to the 9 Articles of Confederation and perpetual union to be within the jurisdiction of the State of Pennsylvania, complaining that they are disturbed in their said right by others claiming under the said state of Pennsylvania and praying that a court may be instituted under the 9^th. article of the Confederation for determining the sd right: Also the resolutions of the General assembly of Connecticut & the letter & proclamation of Gov^r. Trumbull, desiring in like manner the institution of such a court; and further notifying that the said state of Connecticut claims jurisdiction over all the lands between Pennsylvania & the Misissipi from 41° to 42° 2″ Northern latitude have agreed to the following resolutions

Resolved that a court be instituted according to the said ninth article of the Confederation for determining the private right of soil within the said territory so far as the same is by the sd article submitted to the determination of such a court

Resolved That the 4^th Monday in June next be assigned for the appearance of the parties by their lawful agents before Congress or the Commee of the states wheresoever they shall be then sitting.

Resolved That the form notice of the assignment of the sd day be given to the parties in the following form

To the claimants of the private right of soil within the territory Westward of the Delaware heretofore in controversy between the states of Connecticut & Pennsylvania and adjudged to the latter by the sentence of a federal court of Pennsylva &c. pronounced at Trenton on the 30^th. day of Decemb. 1782.

It is hereby made known that sundry individuals claiming private right of soil under the state of Connecticut within the said territory have made application to Congress stating that they have been disturbed in their said right of soil by others claiming under the state of Pennsylvania & praying for the institution of a court for determining the said private right of soil in pursuance of the 9^th. article of Confederation: and that the 4^th. Monday in June next is assigned for the appearance of the parties by their lawful agents before Congress or a Commee of the states wheresoever they shall be then sitting, to proceed in the premises as by the Confederation is directed. By order of Congress. Charles Thomson, Secretary.

Resolved that the sd notice be transmitted by the Secretary to the Executives of the states of Connecticut & Pennsylvania with a request that they take proper measures for having the same served on the parties interested under their states respectively.

The Commee having not had time to go through so much of the matters referred to them as relates to the claim of the sd state of Connecticut to territory Westward of the state of Pennsylvania beg further time for that purpose.

REPORT ON LETTER FROM JOHN ALLAN1

[January 29, 1784.]

The Commee to whom were referred the letter of John Allen of Dec. 25. 1783 to his Excy the President of Congress and the papers therein inclosed have agreed to the following resolution.

Resolved that a copy of the sd letter be sent to the Governor of Massachusetts with a recommendation that he cause enquiry to be made whether the encroachments therein suggested have been actually made on the territories of the United States of Massachusetts by the subjects of his Britannic Majesty from the government of Nova Scotia and that if he shall find them any such to have been made, that he send a representation thereof to the British Governor of Nova Scotia with a copy of the Proclamation of the United States of the 14^th. inst. (which should be inclosed to the Governor of Massachusetts for that purpose) requesting him in a friendly manner and as a proof of that disposition for peace and harmony which should subsist between neighboring states to recall the said from off the said territory of these states the sd subjects of his Britannic Majesty so found to have incroached thereon: and that the Gov^r. of Massachusetts be requested to inform Congress of his proceedings herein & the result thereof.

DRAFT OF REPORT ON A COMMITTEE OF THE STATES1

j. mss.

[January 30, 1784.]

The Commee to whom was referred a report on the powers with which a Commee of the States should be vested during the recess of Congress and a Motion on the same subject have agreed to the following resolutions.

Resolved that the Commee of the states which shall be appointed pursuant to the 9th article of Confederation to sit in the recess of Congress for conducting the business of the United States shall be invested with the powers of directing the determination of controversies concerning the private right of soil in the cases & according to the mode pointed out by the 9th article of the Confederation, regulating the trade and managing all affairs with the Indians not members of any of the states:

Regulating the post offices from one state to another throughout all the United States, appointing officers of the land forces in the service of the United States, except only the commander in chief and regimental officers:

Appointing the officers of the naval forces:

Commissioning all officers whatever in the service of the United States:

Making rules for the governmt. & regulation of the sd land and naval forces, not inconsistent with the articles of war established by Congress: directing the operations of the said land and naval forces:

Building, buying & equipping vessels previously agreed by Congress to be built, bought & equipped:

Making requisitions from the states for their quotas of men & money proportioned on them by Congress.

Superintending all offices appertaining to the United States.

Directing and controuling the application of money in the detail according to the general appropriation previously made by Congress:

Supplying all vacancies by new appointments to continue in force only until Congress shall make the final appointments.

Executing in general the resolutions, orders, and Ordinances of Congress:

[torn] bling Congress at an earlier day than that to which they shall stand adjourned, if the public exigencies shall in their opinion require it.

Provided that in none of these instances they repeal or contravene any Ordinance passed by Congress.

Resolved that nine members shall be requisite to proceed to business: and that no question except for adjourning from day to day, shall be determined without the concurrence of seven votes:

That the President of Congress, if a member of the said Commee, and if not a member, or if absent at any time, then a Chairman to be chosen by themselves shall preside; the President or chairman retaining a right to vote:

That the Secretary & other officers of Congress shall attend the sd. Commee.

That they shall keep an accurate journal of their proceedings to be laid before Congress:

And that in these journals shall be entered the yeas and nays of the members when any one of them shall have desired it before the question be put.

POWERS FROM WHICH THE COMMEE OF THE STATES ARE EXCLUDED.

Engaging in war.

Grant^g lres of Marque in time of Peace.

Entering into treaties or alliances.

Coining money.

Regulating its value.

Ascertain^g sums necessary for defence or welfare.

Emitting bills.

Borrowing money.

Appropriating money.

Agree^g on number of vessels of war or number of land or sea forces.

Appointing Commander in chief of army or navy.

POWERS FROM WHICH THEY SHOULD BE EXCLUDED.

Sending and receiving Ambassadors.

Establishing rules of decision in cases of captures.

Establishing courts of Appeals in cases of captures.

Deciding disputes between states.

Fixing standard of weights & measures.

POWERS WHICH THEY MAY EXERCISE.

Appoint^g courts for trial of piracies.

Decid^g private right of soil after decision of y General right.

Regulating Indian trade.

Regulating post office.

Appoint^g military officers & commissioning them.

Making rules for governm^t of forces.

Directing operations of forces.

Build, buy or equip vessels agreed on by Congress.

Make requisitions on the States for quotas of men.

POWERS WHICH SHOULD BE GIVEN THEM.

To Execute whatever Congress has determin^d on.

To superintend all the offices.

To apply Definite sums of money to Definite purposes e. g. expresses, fuel, paper & other contingencies.

To supply all vacant offices till meet of Congress.

To Convoke Congress.

That the Commee of the States be authorized & instructed

To appoint proper persons to enquire into the quantity of pure silver in the Spanish milled dollars of different dates in circulation with us: from the best assays which have been made.

To enquire in like manner into the fineness of all other the coins which may be found in circulation within these States.

To report to the Commee the result of these enquiries by them to be laid before Congress

To appoint also proper persons to enquire what are the proportions between the values of fine gold & fine silver at the markets of the several countries with which we are or probably may be connected in commerce, & what would be a proper proportion here, having regard to the average of their values at those markets & to other circumstances, & to report the same to the Commee by them to be laid before Congress.

To prepare an Ordinance for establishing the Unit of money within these states, for subdividing it, & for striking coins of gold, silver, & copper on the following principles.

That the money Unit of these states shall be equal in value to a Spanish milled dollar containing so much fine silver as the enquiry before directed shall shew to be contained on an average in dollars of the several dates in circulation with us.

That the Unit shall be divided into fractions decimally expressed.

That there shall be a coin of silver of the value of an Unit.

one other of the same metal of the value of one tenth of an Unit.

one other of copper of the value of the Hundredth of an Unit.

That there shall be a coin of gold of the value of ten Units, according to the report before directed & the judgment of the Commee thereon.

That for the convenience of paiment there shall also be a gold coin of 5. Units & silver coins of ½ 2/10 & 5/100 &c.

That the alloy of the sd coins of gold & silver shall be equal in weight to one eleventh part of the fine metal.

That there be proper devices for these coins.

That measures be proposed for preventing their diminution & also their currency & that of any others when diminished.

That the several foreign coins be described & classed in the sd Ordinance, the fineness of each class stated, & it’s value by weight estimated in Units & fractions of Units decimally expressed.

And that the sd draught of an Ordinance be reported to Congress at their next meeting for their consideration & determination.

REPORT ON COMMITTEE OF THE STATES1

c. c.

The Commee. to whom was referred a report on the powers with which a Commee of the states should be vested during the recess of Congress and a Motion on the same subject have agreed to the following resolutions.

Resolved that the Commee. of the states which shall be appointed pursuant to the 9th. article of Confederation and perpetual union to sit in the recess of Congress for transacting the business of the United States shall possess all the powers which may be exercised by seven States in Congress assembled, except those of sending Ambassadors, Ministers, Envoys, resident-Consuls or Agents to foreign Countries or courts: establishing rules for deciding what captures: on land or water shall be legal & in what manner prizes taken by land or naval forces in the service of the United States shall be divided or appropriated.

Establishing courts for receiving & determining finally appeals in cases of capture, constituting courts for deciding disputes & differences arising between two or more states: fixing the standard of weights & measures for the United States: changing the rate of postage on the papers passing through the post offices established by Congress, and of repealing or contravening any Ordinance or Act passed by Congress.

Resolved that no question except for adjourning from day to day shall be determined without the concurrence of nine votes. That a chairman to be chosen by the Committee shall preside. That the officers of Congress when required shall attend on the sd. Commee. That the Committee shall keep a journal of their proceedings to be laid before Congress and that in these journals, which shall be published monthly & transmitted to the executives of the several States, shall be entered the yeas & nays of the members when any one of them shall have desired it before the question be put.

TO THE SUPERINTENDENT OF FINANCE1 (ROBERT MORRIS)

j. mss.

[February 1, 1784]

A grand Committee of Congress is now engaged in preparing estimates of the necessary federal expenses of the present year from the first to the last day of it inclusive and of the articles of interest on the public debts foreign & domestic which call indispensably for immediate provision while the impost proposed ultimately for their discharge shall be on it’s passage through the states; these estimates are to lead to a new requisition of money from the states, but the commee have hopes that this new requisition may be lessened if not altogether dispensed with provided a full compliance can be obtained with the former requisitions of Nov. 2. 1781 for 8 millions of dollars & of Octob. 10 1782 for 2 millions of dollars. They suppose that the requisn of 8 millions was greater than all the objects of it did in event require. They suppose further that some of these objects have been transferred to other funds. Of course there will be a surplus remaining after all the demands against this requisition which have been paid & payable out of this fund. In like manner 2 m having been part of 6 mill^ns estimated on a war establmt and peace taking place immediately after, they expect a surplus may remain on this also after all paiments made & to be made out of it. These surplusses which will be reached by no former appropriation & which are therefore fairly open to be newly appropriated they ask of you to estimate according to the best of your information, that they may see how far an enforcement of them will go toward supplying the demands of the current year: but that they may know how to call on the several states to pay up their deficiencies, it will be necessary also for you to inform them what proportion of these requisitions had been paid up by each state to the 1st day of Jan. 1784.

Another object claimed the attention of the Commee. By a vote of Sept. 4, 1782, 1,200,000 Dollars were required from the states for the special purpose of paying interest, with a permission to them to pay first out of their quotas the interest on loan office certificates and other liquidated debts, loaned or contracted in their own states, so that the balance only was to be remitted to the Continental Treasury. Have any such balances been remitted, or have you any information how far the several states have proceeded, in compliance to comply with this requisition by paim^t of interest within their own state? Or loan office certificates? If you have we shall be obliged to you for it.

A former commee had been appointed to revise the civil list and to adapt it to the change of circumstances which peace has induced. They have gone through that work & reported except so far as it relates to the department of Finance, by which I mean to include the establishments of in the several offices of the Superintend^t., Comptroller, Auditor, Register, Treasurer, & the Commers. for settling the accts in the several states, and the accts of the Staff departments. They hope from your letter in answer to one written you by Dr. Williamson their chairman that you are turning your attention to this subject and that you will be so kind as to inform them whether any of the offices or officers may be dispensed with under present circumstances so as to lessen it’s expenses without endangering more substantial loss, a true & laudable œconomy being their object. I take the liberty of mentioning this subject to you only because the Grand Commee under whose instructions I write to you, will of course be delayed in their estimates till the other commee shall have made a full report on the civil list.

With you I know it is unnecessary to urge as early an answer as is practicable and have therefore only to add assurances of the sincere respect & esteem with which I have the honor to be, &c.

TO JAMES MADISON

mad. mss.

Annapolis, Feb. 20. 1784.

Dear Sir,

—Your favour of the 11th inst. came to hand this day. I had prepared a multitude of memons of subjects whereon to write you, but I will first answer those arising from your letter. By the time my order got to Philadelphia every copy of Smith’s history of New York was sold. I shall take care to get Blair’s lectures for you as soon as published, and will attend to your presumed wishes whenever I meet with anything rare & of worth. I wish I knew better what things of this kind you have collected for yourself, as I may often doubt whether you have or have not a thing. I know of no objections to the printing the revisal; on the contrary I think good will result from it. Should this be decided I must make a short trip to Virginia, as from the loss of originals I believe my copies must often be wanting.1

I had never met with the particular fact relative to the grinders of the incognitum found in Brasil & Lima & deposited in the British Museum, which you mention from Dr. Hunter. I know it has been said that in a very few instances such bones have been found in S. America. You will find a collection of these in 2. Buff. Epoq. de la Nature, 187. But they have been so illy attested, so loosely & ignorantly described, and so seldom even pretended to have been seen, that I have supposed their identity with the Northern bones, & perhaps their existence at all not sufficiently established. The authority of Hunter is respectable: but if this be the only well attested instance of those bones brought from S. Amera, they may still be believed to have been first carried there either previous to the emigration of the Spaniards when there was doubtless a communication between the Ind^ns. of the two continents, or after that emigration, when an intercourse between the Spaniards of N. & S. Amera took place. It would be unsafe to deny the fact; but I think it may well be doubted. I wish you had a thermometer. Mr. Madison of the college & myself are keeping observations for a comparison of climate. We observe at sunrise & at four o’clock P. M., which are the coldest & warmest points of the day. If you could observe at the same time it would show the difference between going North & Northwest on this continent. I suspect it to be colder in Orange or Albemarle than here.

I think I informed you in my last that an attempt had been made to ratify the Definitive treaty by seven states only, and to impose this under the sanction of our seal (without letting our actual state appear) on the British court. Reade, Williamson & Lee were violent for this, and gave notice that when the question should be put they would call the yeas & nays, & shew by whose fault the ratification of this important instrument should fail, if it should fail. I prepared the enclosed resolution by way of protest & informed them I would place that also on the journals with the yeas & nays as a justification of those who opposed the proposition. I believe this put a stop to it. They suffered the question to rest undecided till the 14th of Jan. when 9 states appeared & ratified. Colo. Harmer & Colo. Franks were immediately dispatched to take passage to Europe with copies of the ratification. But by the extraordinary severity of the season, we know they had not sailed on the 7th. inst. The ratification will not therefore arrive in time. Being persuaded I shall be misrepresented within my own state, if any difficulties should arise, I inclose you a copy of the protest containing my reasons. Had the question been put there were but two states who would have voted for a ratification by seven. The others would have been in the negative or divided.—I find Congress every moment stopped by questions whether the most trifling money propositions are not above the powers of seven states as being appropriations of money. My idea is that the estimate for the year & requisition grounded on that, whereon the sums to be allowed to each department are stated, is the general appropriation which requires 9 states, & that the detailing it out provided they do not go beyond these sums may be done by the subordinate officers of the federal government or by a Congress of 7 states. I wish you to think of this & give me your thoughts on the subject.—We have as yet no Sec^y. of Foreign affairs. Lee avows himself a candidate—The plan of Foreign affairs likely to take place is to commission Adams, Franklin & Jay to conclude treaties with the several European powers, and then to return, leaving the field to subordinate characters. Mess^rs. Adams & Jay have paid a visit to the court of London unordered & uninvited. Their reception has been forbidding. Luzerne leaves in August. Whether recalled or on his own request is not known. This information comes from himself, tho’ is not as yet known [?] of publickly. Lee finding no faction among the 737 here, entered into that among the 864. 737. which rages to a very high degree. A trial being appointed by the one party on a certain 761, he undertook to 792 one, and fixed it on precisely the same 761. This of course has placed him in the midst of the mud. He is 80. 302. 885. 409. 941 a 312. 730. 784. 561. 727. of 551. 675 and of 655. 320. 187 expectation. I have no doubt from some conversations with him, that there is a design agitating to sever the western 1090. 278 and add it to this state. He supported in conversation with me the propriety & necessity of such a general measure, to wit, of enlarging the small states to interest them in the 1104. 162. 130. He deserves to be well switched in our state. He is extremely soured with it, and is not cautious in betraying his hostility against it. We cannot make up a Congress at all. There are 8 states in town 6 of which are represented by two members only. Of these two members of different states are confined by the gout, so that we cannot make a house. We have not sat above 3 days I believe in as many weeks. Admonition after admonition has been sent to the states, to no effect. We have sent one to-day. If it fails, it seems as well we should all retire. There have never been 9 states on the floor but for the ratification of the treaty and a day of two after.—Georgetown languishes. The smile is hardly covered now when the federal towns are spoken of. I fear that our chance is at this time desperate. Our object therefore must be if we fail in an effort to remove to Georgetown to endeavor then to get to some place off the waters of the Chesapeak where we may be ensured against Congress considering themselves as fixed. My present expectations are, that as soon as we get a Congress to do business, we shall attend to nothing but the most pressing matters, get through them & adjourn, not to meet again till November, leaving a Commee of the States. That Commee will be obliged to go immediately to Philadelphia to examine the offices & of course they will sit there till the meeting in November. Whether that meeting will be in Philadelphia or Trenton will be the question and will in my opinion depend on the vote of New York [?]. Did not you once suppose in conversation with me that Congress had no authority to decide any cases between two differing states, except those of disputed territory? I think you did. If I am not mistaken in this, I should wish to know your good sense of the words which describe those cases which may be submitted to a federal court. They seem to me to comprehend every cause of difference.

We have received the act of our assembly ceding the lands north of Ohio & are about executing a deed for it. I think the territory will be laid out by passing a meridian through the western cape of the mouth of the Gr. Kanhaway from the Ohio to L. Erie, and another through the rapids of Ohio from the same river to Michigan & crossing these by the parallels of latitude 37° 39° 41° &c, allowing to each state an extent of 2° from n. to south. On the Eastern side of the meridⁿ. of Kanhaway will still be one new state, to wit, the territory lying between that meridian, Pennsylva, the Ohio & L. Erie. We hope N. Carola will cede all beyond the same meridian of Kanhaway & Virginia also. For God’s sake push this at the next session of assembly. We have transmitted a copy of a petition from the people of Kentucky to Congress praying to be separated from Virginia. Congress took no notice of it. We sent the copy to the Governor desiring it to be laid before the Assembly. Our view was to bring on the question. It is for the interest of Virginia to cede so far immediately, because the people beyond that will separate themselves, because they will be joined by all our settlements beyond the Alleghany if they are the first movers. Whereas if we draw the line, those at Kentucky having their end will not interest themselves for the people of Indiana, Greenbriar &c. who will of course be left to our management, and I can with certainty almost say that Congress would approve of the meridian of the mouth of the Kanhaway and consider it as the ultimate point to be desired from Virginia. I form this opinion from conversation with many members. Should we not be the first movers, and the Indianians & Kentuckians take themselves off and claim to the Alleghany I am afraid Congress would secretly wish them well. Virginia is extremely interested to retain to that meridian. 1. because the Gr. Kanhaway runs from north to south across our whole county, forming by its waters a belt of fine land, which will be thickly seated & will form a strong barrier for us. 2. Because the country for 180 miles beyond that is an absolute desart, barren & mountainous, which can never be inhabited, & will therefore be a fine separation between us & the next state. 3. Because the government of Virginia is more convenient to the people on all the upper parts of Kanhaway than any other which will be laid out. 4. Because our lead mines are in that country. 5. Because the Kanhaway is capable of being made navigable and therefore gives entrance into the western waters to every part of our latitude. 6. Because it is not now navigable & can only be made so by expensive works, which require that we should own the soil on both sides. 7. Because the Ohio, and it’s branches which head up against the Patowmac affords the shortest water communication by 500 miles of any which can ever be got between the western waters & Atlantic, & of course promises us almost a monopoly of the western & Indian trade. I think the opening this navigation is an object on which no time is to be lost. Pennsylva is attending to the Western commerce. She has had surveys made of the river Susquehanna and of the grounds thro’ which a canal must pass to go directly to Philadelphia. It is reported practicable at an expense of £200,000 and they have determined to open it. What an example this is! If we do not push this matter immediately they will be beforehand with us & get possession of the commerce. And it is difficult to turn it from a channel in which it is once established. Could not our assembly be induced to lay a particular tax which should bring in 5 or 10,000£ a year to be applied till the navigation of the Ohio & Patowmac is opened, then James river & so on through the whole successively. Gen’l Washington has that of the Patowmac much at heart. The superintendance of it would be a noble amusement in his retirement & leave a monument of him as long as the waters should flow. I am of opinion he would accept of the direction as long as the money should be to be emploied on the Patowmac, & the popularity of his name would carry it thro’ the assembly. The portage between Yohogania & the N. branch of Patowmac is of 40 or 50 miles. Cheat river is navigable far up. It’s head is within 10 miles of the head of the North branch of Patowmac & I am informed offers the shortest & best portage.—I wish in the next election of delegates for Congress, Short could be sent. His talents are great & his weight in our state must ere long become principal. I see the best effects produced by sending our young statesmen here. They see the affairs of the Confederacy from a high ground; they learn the importance of the Union & befriend federal measures when they return. Those who never come here, see our affairs insulated, pursue a system of jealousy & self interest, and distract the Union as much as they can. Gen’l Gates would supply Short’s place in the council very well, and would act. He is now here. What will you do with the council? They are expensive, and not constantly nor often necessary: yet to drop them would be wrong. I think you had better require their attendance twice a year to examine the Executive Department, & see that it be going on rightly, advise on that subject the Governor, or inform the legislature as they shall see occasion. Give them 50 guineas each for each trip, fill up only 5 of the places, and let them be always subject to summons on great emergencies by the Governor, on which occasions their expences only should be paid. At an expence of 500 guineas you will then preserve this member of the constitution always fit for use. Young & ambitious men will leave it & go into the Assembly, but the elderly & able who have retired from the legislative field as too turbulent will accept of the offices.—Among other legislative subjects our distresses ask notice. I had been from home four months & had expended 1200 Dollars before I received one farthing. By the last post we received about seven week’s allowance. In the meantime some of us had had the mortification to have our horses turned out of the livery stable for want of money. There is really no standing this. The supply gives us no relief because it was mortgaged. We are trying to get something more effectual from the treasury, having sent an express to inform them of our predicament. I shall endeavour to place as much in the Philadelphia bank as will repay your kindness, unless you should alter your mind & chuse to take it in the Virginia treasury.—I have hunted out Chatellux journal & had a reading of it. I had never so falsely estimated the character of a book. There are about six sentences of offensive bagatelles, which are all of them publicly known, because having respected individual characters they were like carrion for the buzzard curiosity. All the rest of the book (and it is a 4^to of 186 pages) is either entertaining, or instructive & would be highly flattering to the Americans. He has visited all the principal fields of battle, enquired minutely into the detail of the actions, & has given what are probably the best accounts extant of them. He often finds occasion to criticise & to deny the British accounts from an inspection of the ground. I think to write to him recommend the expunging the few exceptionable passages & publication of the rest.—I have had an opportunity here of examining Bynkershoek’s works. There are about a fourth part of them which you would like to have. They are the following tracts. Questiones juris publici—de lege Rhodeâ—de dominio maris—du fuge conopetent des Ambassadeurs. for this last if not the rest has been translated into French with notes by Barbeyrae. I have had from Boirod & Gaillard a copy of Mussenbroeck’s cours de Physique. It is certainly the most comprehensive & most accurate body of Nat^l. Philosophy which has been ever published. I would recommend to you to get it, or I will get that and any other books you want from Boirod or elsewhere. I hope you have found access to my library. I beg you to make free use of it. Key, the steward is living there now & of course will be always in the way. Monroe is buying land almost adjoining me. Short will do the same. What would I not give [if] you could fall into the circle. With such a society I could once more venture home & lay myself up for the residue of life, quitting all it’s contentions which grow daily more and more insupportable. Think of it. To render it practicable only requires you to think it so. Life is of no value but as it brings us gratifications. Among the most valuable of these is rational society. It informs the mind, sweetens the temper, chears our spirits, and promotes health. There is a little farm of 140 a^s. adjoining me, & within two miles, all of good land, tho’ old, with a small indifferent house on it, the whole worth not more than £250. Such a one might be a farm of experiment & support a little table & household. It is on the road to Orange & so much nearer than I am. It is convenient enough for supplementary supplies from thence. Once more think of it, and Adieu.

DRAFT OF DEED OF CESSION OF NORTHWEST TERRITORY1

j. mss.

[March 1, 1784.]

To all who shall see these presents we [here name the delegates] the underwritten delegates for the Commonwealth of Virginia in the Congress of the United States of America send greeting.

Whereas the general assembly of the Commonwealth of Virginia at their sessions begun on the 20^th. day of Octob. 1783, passed an Act entituled ‘An act to authorise the delegates &^c.’—in these words following to wit ‘Whereas the Congress &c.’ [reciting the act verbatim.]

And whereas the sd General Assembly by their Resolution of June 6^th. 1783, had constituted & appointed us the sd A. B. C. &^c. delegates to represent the sd Commonwealth in Congress for one year from the first Monday in November then next following, which resolution remains in full force.

Now therefore know ye that we the sd A. B. C. &^c. by virtue of the power & authority, committed to us by the act of the sd. General Assembly of Virginia before recited, and in the name & for & on behalf of the sd Commonwealth do by these presents convey, transfer, assign, & make over unto the United States in Congress assembled for the benefit to the sd States, Virginia inclusive, all right, title & claim as well of soil as of jurisdiction which the sd. Commonwealth hath to the territory or tract of country within the limits of the Virginia charter, situate, lying & being to the Northwest of the river Ohio to and for the uses & purposes and on the conditions of the sd recited act.

In testimony whereof we have hereunto subscribed our names and affixed our seals in Congress the day of in the year of our lord 1784, and of the independance of the United States the eighth.

Signed, sealed and

delivered in presence of

REPORT ON GOVERNMENT FOR WESTERN TERRITORY1

c. c.

[March 1, 1784.]

The Committee appointed to prepare a plan for the temporary Government of the Western territory have agreed to the following resolutions:

Resolved that the territory ceded or to be ceded by Individual States to the United States whensoever the same shall have been purchased of the Indian Inhabitants & offered for sale by the U. S. shall be formed into distinct States bounded in the following manner as nearly as such cessions will admit, that is to say; Northwardly & Southwardly by parallels of latitude so that each state shall comprehend from South to North two degrees of latitude beginning to count from the completion of thirty-one degrees North of the Equator, but any territory Northwardly of the 47^th. degree shall make part of the state—next below, and Eastwardly & Westwardly they shall be bounded, those on the Mississippi by that river on one side and the meridian of the lowest point of the rapids of Ohio on the other; and those adjoining on the East by the same meridian on their Western side, and on their eastern by the meridian of the Western cape of the mouth of the Great Kanhaway. And the territory eastward of this last meridian between the Ohio, Lake Erie & Pennsylvania shall be one state.

That the settlers within the territory so to be purchased & offered for sale shall, either on their own petition, or on the order of Congress, receive authority from them, with appointments of time and place for their free males of full age to meet together for the purpose of establishing a temporary government, to adopt the constitution & laws of any one of these states, so that such laws nevertheless shall be subject to alteration by their ordinary legislature, and to erect, subject to a like alteration counties or townships for the election of members for their legislature.

That such temporary government shall only continue in force in any state until it shall have acquired 20,000 free inhabitants, when, giving due proof thereof to Congress, they shall receive from them authority with appointments of time and place to call a Convention of representatives to establish a permanent Constitution & Government for themselves.

Provided that both the temporary & permanent Governments be established on these principles as their basis. 1, That they shall forever remain a part of the United States of America 2, That in

their persons, property & territory, they shall be subject to the Government of the United States in Congress assembled and to the articles of confederation in all those cases in which the original states shall be so subject. 3, That they shall be subject to pay a part of the federal debts contracted or to be contracted to be apportioned on them by Congress, according to the same common rule and measure by which apportionments thereof shall be made on the other states. 4, That their respective Governments shall be in republican forms, and shall admit no person to be a citizen, who holds any hereditary title. 5, That after the year 1800 of the Christian æra, there shall be neither slavery nor involuntary servitude in any of the said states, otherwise than in punishment of crimes, whereof the party shall have been duly convicted to have been personally guilty.

That whenever any of the sd states shall have, of free inhabitants as many as shall then be in any one the least numerous of the thirteen original states, such state shall be admitted by it’s delegates into the Congress of the United States, on an equal footing with the said original states: After which the assent of two thirds of the United States in Congress assembled shall be requisite in all those cases, wherein by the Confederation the assent of nine States is now required. Provided the consent of nine states to such admission may be obtained according to the eleventh of the Articles of Confederation. Until such admission by their delegates into Congress, any of the said states, after the establishment of their temporary Government, shall have authority to keep a sitting Member in Congress, with a right of debating, but not of voting.

That the territory Northward of the 45^th. degree, that is to say of the completion of 45° from the Equator & extending to the Lake of the Woods, shall be called SYLVANIA:

That of the territory under the 45^th. & 44^th. degrees that which lies Westward of Lake Michigan shall be called MICHIGANIA, and that which is Eastward thereof within the peninsula formed by the lakes & waters of Michigan, Huron, St. Clair and Erie, shall be called CHERRONESUS, and shall include any part of the peninsula which may extend above the 45th degree.

Of the territory under the 43^d. & 42^d. degrees, that to the Westward thro’ which the Assenisipi or Rock river runs shall be called ASSENISIPIA, and that to the Eastward in which are the fountains of the Muskingum, the two Miamis of Ohio, the Wabash, the Illinois, the Miami of the lake and Sandusky rivers, shall be called METROPOTAMIA.

Of the territory which lies under the 41^st. & 40^th. degrees the Western, thro which the river Illinois runs, shall be called ILLINOIA; that next adjoining to the Eastward SARATOGA, and that between this last & Pennsylvania & extending from the Ohio to Lake Erie shall be called WASHINGTON.

Of the territory which lies under the 39^th. & 38^th. degrees to which shall be added so much of the point of land within the fork of the Ohio & Missisipi as lies under the 37^th. degree, that to the Westward within & adjacent to which are the confluences of the rivers

Wabash, Shawnee, Tanisse, Ohio, Illinois, Missisipi & Missouri, shall be called POLYPOTAMIA, and that to the Eastward farther up the Ohio otherwise called the PELISIPI shall be called PELISIPIA.

That the preceding articles shall be formed into a charter of Compact, shall be duly executed by the President of the U. S. in Congress assembled under his hand and the seal of the United States, shall be promulgated, and shall stand as fundamental constitutions between the thirteen original States, & those now newly described unalterable but by the joint consent of the U. S. in Congress assembled and of the particular state within which such alteration is proposed to be made.

TO THE GOVERNOR OF VIRGINIA (BENJAMIN HARRISON)

v.s.a.

Annapolis, Mar. 3. 1784.

Sir,

—Mr. Hardy’s illness & Colo. Mercer’s absence deranged the order in which the office of corresponding member was to pass: so that mr Lee exercised it for January, Colo. Monroe for Feb. and mr Hardy takes it for the present month. I mention this that my own correspondence as an individual may not at any time be mistaken as having passed the sanction of the delegation. On receiving the act of assembly for the Western cession, our delegation agreed on the form of a deed; we then delivered to Congress a copy of the act, and the form of the deed we were ready to execute whenever they should think proper to declare they would accept it. They referred the act & deed to a committee, who reported the act of assembly to comport perfectly with the propositions of Congress, and that the deed was proper in its form, and that Congress ought to accept the same. On the question to agree to the report of the Committee 8 states being present, Jersey was in the negative & S. Carolina & Pennsylvania divided (being represented each by 2 members). Of course there were 5 ayes only & the report fell. We determined on consultation that our proper duty was to be still, having declared we were ready to execute, we would leave it to them to come forward and tell us they were ready to accept. We meddled not at all therefore, & shewed a perfect indifference. N. Hampshire came to town which made us 9 states. A member proposed that we should execute the deed & lay it on the table, which after what had been done by Congress would be final, urging the example of N. York which had executed their deed, laid it on the table, where it remained 18 months before Congress accepted it. We replied, no, if the lands are not offered for sale the ensuing spring, they will be taken from us all by adventurers, we will therefore put it out of our power by the execution of a deed to sell them ourselves, if Congress will not. A member from Rhode Island then moved that Congress should accept. Another from Jersey proposed as an amendment a proviso that it should not amount to an acknowledgement of our right. We told them we were not authorised to admit any conditions or provisions, that their acceptance must be simple, absolute & unqualified or we

could not execute. On the question there were 6 ayes, Jersey no, S. Carolina & Pennsylvania divided. The motion dropped & the house proceeded to other business. About an hour after the dissenting Pennsylvania asked & obtained leave to change his no, into aye, the vote then passed & we executed the deed. We have desired an exemplification of it under the seal of the states which we shall transmit you by the post if no safer opportunity occurs. This shows the wisdom of the assembly in not tacking any new conditions, which would certainly have defeated their accomodating intentions.

We have just received from the Superintendant of finance a report of the paiments made and the arrears still due on the requisition of Octo. 30. 1781 for 8 millions of dollars. This statement comes down to Jan. 1. 1784.

	paid Doll.	due Doll.
N. Hampshire	3,000	370,598
Massachusetts	247,676⅔	1,059,919⅓
Rhode island	67,847 86/90	148,836.¼
Connecticut	131,577¾	615,618⅙
New York	39,064 1/10	334,533 81/90
New Jersey	102,004 17/18	383,674 1/18
Pennsylvania	346,632 89/90	774,161 1/90
Delaware	Nothing	112,085
Maryland	89,302 1/9	844,693 8/9
Virginia	115,103 8/15	1,192,490 42/90
N. Carolina	Nothing	622,677
S. Carolina	344,301 26/45	29,296 38/90
Georgia	Nothing	24,905

Colo. Harmer with the ratification of the Definative treaty which was executed in Congress Jan. 14^th. got on board the French packet at N. York on the 20^th. of Jan. Colo. Frank took his passage on another vessel a few days after. Neither sailed till the 17th of Feb. being blocked up by the ice. They have then not got to Paris to exchange them this day as had been stipulated. In right this can make no difference. We executed the ratification in time, and its passage across the Atlantic was prevented by circumstances not under our controul. The accomodation of the Turks and Russians, leaving Europe in Peace and France of course at liberty, keeps us safe. This accomodation is said to have been effected by the interposition of France & Prussia. This does not come from our ministers, from whom we have had no late intelligence on this subject, but is told me by Monsr. Marbois who sais he has it from good information. We are still farther insured against any ill effect from this accident if the news of the day be true. An English vessel, arrived at N. York, brings papers which say that L^d. North & mr Fox carried their E. India bill triumphantly by ⅔ of the voices through the house of commons, but lost it in the lords, when they resigned; and that mr Pitt & his friends would be at the head of the administration. The Prince of Wales voted against the bill & received a repremand from the King—so far the papers. The change would be fortunate for us, as L. North’s hostility is notorious, and Pitt rather well disposed to us. The movements of the K. of Prussia to emancipate the navigation of the Vistula, and of the emperor to free that of the Scheld do not I believe threaten the peace of Europe. On the contrary they indicate that they have no great work on hand. This assertion then of the natural right of the inhabitants of the upper part of a river to an innocent passage through the country below is rather pleasing to us. It tends to establish a principle favorable to our right of navigating the Missisipi.

We are now engaged in making an estimate of the expences of the current year. It appears that the commissioners sent to the several states to settle their accounts add so unreasonable a proportion to the expences of the Finance department, that it is my opinion Congress will recall them after some not very distant day. I mention this that your Excellency may keep an eye over the progress of the state-settlement with mr Turner & push it unremittingly to avoid the being obliged to send the vouchers, accounts &c to Philadelphia for such parts as shall not be completed before the recall.

REPORT ON REDUCTION OF CIVIL LIST1

[March 5, 1784.]

The committee appointed to consider what reductions may be made in the civil list have agreed to the following resolutions:

Resolved that the following offices be discontinued, to wit,

The Chargé des affaires at the Court of Madrid whose salary is	4444 Dollars
Agent at the Hague	920.
2^d Under Secretary of Foreign Affairs	700.
The Secretary of the War offices	1000.
Agent of Marine	1500.
Paymaster	1000
Commissary of prisoners	1200
The Assistant to the Superintendant of finance	1850
3 Clerks in the Office of finance (meaning that 3 shall remain)	1500
1 Clerk to the Comptroller	500
2 Auditors	2000
1 Chaplain	400
The Establishment of the Jail	1338⅓
Door keeper to Congress	400
Whereby an annual saving will accrue to the United States of	18,752⅓ Dol.

Resolved that the following salaries may be reduced by taking from the allowances heretofore established the following sums.

The Superintendant of finance	2000 Doll.
The Three foreign Ministers each 1111 1/9 Doll.	3333⅓
Whereby an annual saving will accrue to the United States of	5333⅓

Resolved that instead of the annual salary heretofore allowed the Judges of the Court of Appeals they be allowed on every special occasion wherein they shall be called on, the sum of 14 Dollars each for every day they shall sit in court, and the same for every day necessarily employed in travelling to & from Court.

Resolved that after the day of the following offices may be discontinued.

13 Commissioners for settling the accounts of the U. S. in the several States	Doll. 19,500
9 Clerks to the said Commissioners	4,500
5 Commissioners for settling the accounts of the Staff departments	7,500
9 clerks to the Commissioners last mentioned	4,500
Whereby an annual saving will thence ensue of	36,000 Doll.

Resolved that the duties of Agent of Marine be performed by the Secretary at War, who for his assistance therein shall retain a Secretary of Marine heretofore allowed in the office of the Agent of Marine.

A view of the civil list as proposed to be reduced, (stated for the satisfaction of the house but not made a part of the report.)

Secretary of Congress	3000.	Doll.
Depy. Secretary	1000
2 Clerks	1000
Messenger	400.	5400
Chaplain		400
Secretary of Foreign affairs	4000
1 Under Secretary	800
2 Clerks	1000.	5,800
Secretary at War	4000
Assistant	1250
2 Clerks	1000
Secretary of Marine	1000
Messenger	300	7550
Superintendant of Finance	4000
Secretary	1000
3 Clerks	1500
Waiter	300
Comptroller	1850
Auditor	1000
6 Clerks of Accounts	3000
Register	1200
4 Clerks	2000
Messenger	192
Treasurer	1500
Clerk	500.	18042
	37192

3 Foreign ministers @ 10.000	30,000.
1 Secretary of embassy	1,333⅓
	31,333⅓
Brought forward	37,192
	68,525⅓
3 Judges of Appeals.

INSTRUCTIONS FOR NEGOTIATING WITH INDIANS.1

c. c.

[March 5, 1784.]

The Committee appointed to revise the 4^th. & 5^th. of the instructions of Oct. 15, 1782, given to the Commissioners for negotiating a treaty with the Indians have agreed to the following resolutions.

Resolved that the said 4^th. article be repealed &, that instead thereof the following be substituted: 4^thly. that a meridian line passing through the lowest point of the Rapids of Ohio to the Northern boundary of these United States, shall be proposed as the comprehending all the lands between the sd. boundary on the North the Ohio on the South the sd meridian on the West and Pennsylvania on the East, or so much thereof as they nation having title thereto. may be inclined to con yield sent etc. shall be added to the United States shall be agreed on as the dividing line of and possession thereof or of any parts thereof to be given to the U. S. at such times as may be agreed upon in the Treaty. division between the several Indian Tribes nations & these states, so that all the lands comprehended between the sd boundary on the North, the Ohio on the South, the sd meridian on the West and Pennsylvania on the East, or so much thereof as the tribes having title thereto, may be induced to part with, shall be ceded to the United States.

Resolved that the said 5^th. Article be repealed & that instead thereof the following be substituted: 5^thly., the interests & happiness of the Indians as well as of the inhabitants of the United States requiring that every circumstance should be avoided which may lead to hostile dispositions between them, and the meeting of several tribes nations in at one council having a tendency to generate combinations for the purposes of War the said commissioners are instructed, as far as they shall be in their power find it convenient to treat with the several nations every tribe at different times & places; & where necessity shall oblige them to bring two or more tribes nations together, that they are still to keep their treaties & conferences as destinct; as may be that they make known to the Shawanese & Delawares that these United States consider them as independent Nations & will protect them as such: that they countenance every disposition in any one of the six nations to treat & act separately & independently of their confederacy; and that in general they discourage every coalition & consultation which might tend to involve them or your tribes in the contests which any one of them may enter into with these United States any one tribe nation in the Wars of the other.

TO GEORGE WASHINGTON

w. mss.

Annapolis, Mar. 6. 1784.

Dear Sir,

—Your favor of the 3^rd. is this moment put into my hands, and as the post does not usually stay here above an hour, it leaves me time to scribble a few lines only, scarcely admitting them to be prefaced with an acknowledgement of the pleasure it will give me to be permitted to communicate with you occasionally. We received dispatches from Europe yesterday by Capt. Barney. There is no news but in one from Dr. Franklin of Dec. 25 and another from the Marquis Fayette of Dec. 26. The Doctor tells us only of the movements of our ministers, that Mr. Laurens was about sailing from England for America, Mr. Adams about setting out from England to the Hague, and Mr. Jay at Bath. He gives a picture of the disposition of England towards us: he observes that tho’ they have made peace with us, they are not reconciled to us nor to the loss of us. He calls to our attention the numerous royal progeny to be provided for, the military education giving to some of them, the ideas in England of the distraction among ourselves, that the people here are already fatigued with their new governments, the possibility of circumstances arising on the Continent of Europe which might countenance the wishes of Gr. Britain to recover us, and from thence inculcates a useful lesson to cement the friendships we posses in Europe. The Marquis tells us the Turks & Russians will be kept apart for a while, probably for another year, but that they must in the end come to decision. That Mr. Fox & L^d. North were both out of the Ministry, & this by a maneuvre of the King’s, who got them compromitted fairly with their E. India bill, & contrived to get it rejected in the Lords; & that Mr. Pitt & E. Temple would come in. The Marquis himself will sail for America in the spring.

The present hurry forbids me to write to you on a subject I have much at heart, the approaching & opening the Navigation of the Ohio & Patowmac. I will trouble you by the next post. De Witt’s petition happens to be in my possession as member of a committee who have not yet reported on it. I was happy to learn from you something of the man.

TO GEORGE WASHINGTON

w. mss.

Annapolis Mar. 15. 1784.

D^r. Sir,

—Since my last nothing new has occurred, I suppose the crippled state of Congress is not new to you. We have only 9 states present, 8. of whom are represented by two members each, and of course, on all great questions not only an unanimity of States but of members is necessary. An unanimity which can never be obtained on a matter of any importance. The consequence is that we are wasting our time & labour in vain efforts to do business.—Nothing less than the presence of 13. States, represented by an odd number of delegates will enable us to get forward a single capital point. The deed for the cession of Western territory by Virginia was executed & accepted on the 1^st. instant. I hope our country will of herself determine to cede still further to the meridian of the mouth of the great Kanhaway. Further she cannot govern; so far is necessary for her own well being. The reasons which call for this boundary (which will retain all the waters of the Kanhaway) are 1. That within that are our lead mines. 2. This river rising in N. Carola traverses our whole latitude and offers to every part of it a channel for navigation & commerce to the Western Country, but 3. It is a channel which can not be opened but at immense expense and with every facility which an absolute power over both shores will give. 4. This river & it’s waters forms a band of good land passing along our whole frontier, and forming on it a barrier which will be strongly seated. 5. For 180 miles beyond these waters is a mountainous barren which can never be inhabited & will of course form a safe separation between us & any other State. 6. This tract of country lies more convenient to receive it’s government from Virginia than from any other State. 7. It will preserve to us all the upper parts of Yohogany & Cheat rivers within which much will be done to open these which are the true doors to the Western commerce. The union of this navigation with that of the Patowmac is a subject on which I mentioned that I would take the liberty of writing to you. I am sure it’s value and practicability are both well known to you. This is the moment however for seizing it if ever we mean to have it. All the world is becoming commercial. Was it practicable to keep our new empire separated from them we might indulge ourselves in speculating whether commerce contributes to the happiness of mankind. But we cannot separate ourselves from them. Our citizens have had too full a taste of the comforts furnished by the arts & manufactures to be debarred the use of them. We must then in our defence endeavour to share as large a portion as we can of this modern source of wealth & power. That offered to us from the Western Country is under a competition between the Hudson, the Patowmac & the Missisipi itself. Down the last will pass all heavy commodities. But the navigation through the gulf of Mexico is so dangerous, & that up the Missisipi so difficult & tedious, that it is not probable that European merchandize will return through that channel. It is most likely that flour, lumber & other heavy articles will be floated on rafts which will be themselves an article of sale as well as their loading, the navigators returning by land or in light batteaux. There will therefore be a rivalship between the Hudson & Patowmac for the residue of the commerce of all the country Westward of L. Erie, on the waters of the lakes, of the Ohio & upper parts of the Missisipi. To go to N. York, that part of the trade which comes from the lakes or their waters must first be brought into L. Erie. So also must that which comes from the waters of the Missisipi, and of course must cross at some portage into the waters of the lakes. When it shall have entered L. Erie it must coast along it’s Southern Shore on account of the number & excellence of it’s harbours, the Northern, tho’ shortest, having few harbours & these unsafe. Having reached Cuyahoga, to proceed on to N. York will be 970 miles from thence & five portages, whereas it is but 430 miles to Alexandria, if it turns into the Cuyahoga & passes through that, Big beaver, Ohio, Yohogany (or Monongahela & Cheat) & Patowmac, & there are but two portages. For the trade of the Ohio or that which shall come into it from it’s own waters or the Missisipi, it is nearer to Alexandria than to New York by 730 miles, and is interrupted by one portage only. Nature then has declared in favour of the Patowmac, and through that channel offers to pour into our lap the whole commerce of the Western world. But unfortunately the channel by the Hudson is already open & known to practice; ours is still to be opened. This is the moment in which the trade of the West will begin to get into motion and to take it’s direction. It behoves us then to open our doors to it. I have lately pressed this subject on my friends in the General assembly, proposing to them to endeavor to have a tax laid which shall bring into a separate chest from five to ten thousand pounds a year, to be employed first in opening the upper waters of the Ohio & Patowmac, where a little money & time will do a great deal, leaving the great falls for the last part of the work. To remove the idea of partiality I have suggested the propriety & justice of continuing this fund till all the rivers shall be cleared successively. But a most powerful objection always arises to propositions of this kind. It is that public undertakings are carelessly managed and much money spent to little purpose. To obviate this objection is the purpose of my giving you the trouble of this discussion. You have retired from public life. You have weighed this determination & it would be impertinence in me to touch it. But would the superintendence of this work break in too much on the sweets of retirement & repose? If they would I stop here. Your future time & wishes are sacred in my eye. If it would be only a dignified amusement to you, what a monument of your retirement would it be! It is one which would follow that of your public life and bespeak it the work of the same great hand. I am confident that would you either alone or jointly with any persons you think proper be willing to direct this business, it would remove the only objection the weight of which I apprehend. Tho’ the tax should not come in till the fall, it’s proceeds should be anticipated by borrowing from some other fund to enable the work to be begun this summer. When you view me as not owning, nor ever having a prospect of owning one inch of land on any water either of the Patowmac or Ohio, it will tend to apologize for the trouble I have given you of this long letter, by showing that my zeal in this business is public & pure. The best atonement for the time I have occupied you will be not to add to it longer than while I assure you of the sincerity & esteem with which I have the honour to be D^r. Sir Your most obedient & most humble servt.

P. S. The hurry of time in my former letter prevented my thanking you for your polite & friendly invitation to Mount Vernon. I shall certainly pay my respects there to Mrs Washington & yourself with great pleasure whenever it shall be in my power.

TO JAMES MADISON1

mad. mss.

Annapolis, Mar. 16. 1784.

Dear Sir,

—I received yesterday by Mr. Maury your favor of Feb. 17. That which you mention to have written by post a few days before is not yet come to hand. I am induced to this quick reply to the former by an alarming paragraph in it, which is that Mazzei is coming to Annapolis. I tremble at the idea. I know he will be worse to me than a return of my double quotidian head-ach. There is a resolution reported to Congress by a Committee that they will never appoint to the office of minister, chargé des affaires, consul, agent, &c. (describing the foreign emploiments) any but natives. To this I think there will not be a dissenting vote: and it will be taken up among the first things. Could you not by making him acquainted with this divert him from coming here? A consulate is his object, in which he will assuredly fail. But his coming will be attended with evil. He is the violent enemy of Franklin, having been some time at Paris, from my knowledge of the man I am sure he will have employed himself in collecting on the spot facts true or false to impeach him. You know there are people here who, on the first idea of this will take him to their bosom & turn all Congress topsy turvy. For God’s sake then save us from this confusion if you can.

We have eight states only & 7 of these represented by two members. Delaware & S. Carolina we lost within these two days by the expiration of their powers. The other absent states are N. York, Maryland & Georgia. We have done nothing and can do nothing in this condition but waste our time, temper, & spirits in debating things for days & weeks & then losing them by the negative of one or two individuals.

We have letters from Franklin & the Marq. Fayette of the 24th and 25th of Dec. They inform us that North & Fox are out, Pitt & Temple coming in, that whole nation extremely indisposed towards us, & as having not lost the idea of reannexing us, the Turks and Russians likely to be kept quiet another year, the Marquis coming to America this spring, Mr. Laurens then about sailing for America, Mr. Adams leaving England for the Hague, Mr. Jay at Bath, but returning to Paris. Our ratification tho on board two different vessels at N. York in the hands of officers as early as the 20th of Jan. did not sail thence till the 17th of Feb. on account of the ice.—I will attend to your desire about the booksellers. I am considerably mended in my health & hope a favorable change in the weather which seems to be taking place will re-establish me.

TO THE GOVERNOR OF VIRGINIA (BENJAMIN HARRISON)

v. s. a.

Annapolis Mar. 18. 1784

Sir,

—In my letter of the 3^d. inst I mentioned to you the gazette account of a change in the British Ministry. Just in the moment of the departure of the post we received a letter from the Marquis Fayette confirming the account of the change, and rectifying that of the vote of the Prince of Wales, the letter which had come here supposed the king a friend to the E. India bill & that the Prince voted against it. The Marquis said that the king by a special maneuvre got Fox & North committed on the fate of their bill which they carried through the commons, but his practices were disappointed in the Lords, in which latter stage the Prince voted for the bill, in opposition to his father.

Dr. Franklin’s letter containing an interesting paragraph I have copied it & take the liberty of inclosing it.1 We have had no post since that which carried my letter of the 3d. nor are we certain when to expect one. I am therefore obliged to have letters in readiness, to send the moment of his coming as he does not tary above an hour here. Hence it happens that my letters are sometimes a week or a fortnight old before they leave the post office.

P. S. The Marquis Fayette is coming out this spring. Mr. Laurens is supposed to be on his way to America, Mr. Adams left England for the Hague & Mr. Jay at Bath but about to return to Paris.

RESOLVES ON EUROPEAN TREATIES1

j. mss.

[March, 1784].

Resolved that treaties of Amity & commerce with the European nations ought not to be refused on our part until those nations will send ministers to negotiate them within these states: nor ought they to be delayed until they shall have previously been submitted to the several legislatures & received their approbation.

1. Because it is not to be expected that the nations of Europe, antient & established as they are, will cross the Atlantic to treat with us on our own ground:

2. Because a refusal to treat with them in Europe amounts to a refusal to treat with them at all; to the suppression of every effort for the admission of our citizens into their ports on an equal footing with those of other countries; to a continuance of the occlusion of the West Indian markets against the produce of these states; loses a crisis of favourable disposition in the European powers in general to enter into connections of amity and commerce with us; endangers the loss of a proffered treaty from the Emperor of Morocco who has made us friendly advances whose honour will be touched and resentment kindled by our declining to meet them; and whose power & connections may, in our present unarmed state, shut to us the ports of the Mediterranean, oblige us to send our commodities to them in foreign bottoms, or to seek them in our own at the risk of consigning our citizens to perpetual slavery & chains.

3. Because the federal constitution does not require that treaties, before their conclusion, should be communicated to the thirteen legislatures, and should receive all their several approbations, and such a delay in the present instance would be unseasonable & injurious to them; would protract the negotiations to a length indefinite both in time & expence; would leave our citizens in the mean time exposed to all the evils before stated; would be more distressing to these states, whose channels of commerce are yet to be opened, than to the nations constituting the other parties, who may in the mean time pursue their antient & long established trade; and might suffer opportunities finally to pass by which might never be recalled.

REPORT OF GOVERNMENT FOR THE WESTERN TERRITORY1

c.c.

[March 22, 1784.]

The Committee to whom was recommitted the the report of a plan for a temporary government of the Western territory have agreed to the following resolutions.

Resolved, that so much of the territory ceded or to be ceded by individual states to the United States as is already purchased or shall be purchased of the

Indian inhabitants & offered for sale by Congress, shall be divided into distinct states, in the following manner, as nearly as such cessions will admit; that is to say, by parallels of latitude, so that each state shall comprehend from South to North two degrees of latitude beginning to count from the completion of thirty-one degrees North of the Equator; and by meridians of longitude, one of which shall pass thro’ the lowest point of the rapids of Ohio, and the other through the Western Cape of the mouth of the Great Kanhaway, but the territory Eastward of this last meridian, between the Ohio, Lake Erie, & Pennsylvania shall be one state, whatsoever may be its comprehension of latitude. That which may lie beyond the completion of the 45^th. degree between the sd. meridians shall make part of the state adjoining it on the South, and that part of the Ohio which is between the same meridians coinciding nearly with the parallel of 39° shall be substituted so far in lieu of that parallel as a boundary line.

That the settlers on any territory so purchased & offered for sale shall, either on their own petition, or on the order of Congress, receive authority from them with appointments of time & place for their free males of full age, within the limits of their state to meet together for the purpose of establishing a temporary government, to adopt the constitution and laws of any one of the original states, so that such laws nevertheless shall be subject to alteration by their ordinary legislature; & to erect, subject to a like alteration, counties or townships for the election of members for their legislature.

That such temporary government shall only continue in force in any state until it shall have acquired 20,000 free inhabitants, when giving due proof thereof to Congress, they shall receive from them authority with appointment of time & place to call a convention of representatives to establish a permanent Constitution & Government for themselves. Provided that both the temporary & permanent governments be established on these principles as their basis. 1. That they shall forever remain a part of this confederacy of the United States of America. 2. That in their persons, property & territory they shall be subject to the Government of the United States in Congress assembled, & to the articles of Confederation in all those cases in which the original states shall be so subject. 3. That they shall be subject to pay a part of the federal debts contracted or to be contracted, to be apportioned on them by Congress, according to the same common rule & measure, by which apportionments thereof shall be made on the other states. 4. That their respective Governments shall be in republican forms and shall admit no person to be a citizen who holds any hereditary title. 5. That after the year 1800 of the Christian æra, there shall be neither slavery nor involuntary servitude in any of the sd states, otherwise than in punishment of crimes whereof the party shall have been convicted to have been personally guilty.

That whensoever any of the sd states shall have, of free inhabitants, as many as shall then be in any one of the least numerous, of the thirteen original states, such state shall be admitted by it’s delegates into the Congress of the United States on an equal footing with the said original states: provided nine States agree to such admission according to the reservation of the 11^th. of the articles of Confederation, and in order to adapt the sd articles of confederation to the state of Congress when it’s numbers shall be thus increased, it shall be proposed to the legislatures of the states originally parties thereto, to require the assent of two thirds of the United States in Congress assembled in all those cases wherein by the said articles the assent of nine states is now required; which being agreed to by them shall be binding on the new states. Until such admission by their delegates into Congress, any of the said states after the establishment of their temporary government shall have authority to keep a sitting member in Congress, with a right of debating, but not of voting.

That the preceding articles shall be formed into a charter of compact, shall be duly executed by the president of the United States in Congress assembled, under his hand & the seal of the United States, shall be promulgated & shall stand as fundamental constitutions between the thirteen original states and each of the several states now newly described, unalterable but by the joint consent of the United States in Congress assembled, & of the particular state within which such alteration is proposed to be made.

That measures not inconsistent with the principles of the Confedn. & necessary for the preservation of peace & good order among the settlers in any of the said new states until they shall assume a temporary Government as aforesaid, may from time to time be taken by the U S in C. assemble^d.

REPORT ON CESSION OF WESTERN TERRITORY.1

c. c.

March 22, 1784.

The Report of a Committee on the Subject of Western territory having been referred to the Grand committee they have had the same under their consideration and agreed to the following report.

Congress by their resolution of Sep. 6. 1780, having thought it adviseable to press upon the states having claims to the Western country a liberal surrender of a portion of their territorial claims, by that of the 10^th. of Oct. in the same year having fixed the conditions to which the Union should be bound on receiving such cessions: and having again proposed the same subject to those states in their address of April 1783, wherein, stating the National debt & it’s annual interest, they recommended for the discharge of the interest the plan of an impost on commerce now under consideration with the states, with such subsidiary funds as they might judge most convenient, & for the discharge of the principal & expressing some their reliance for its discharge on other resources but chiefly on the prospect of vacant territory, in aid of other resources, they, for that purpose, as well as to obviate disagreeable controversies & confusions included in the same recommendation a renewal of those of Sep. the 6^th. & of Oct. the 10^th. 1780. which several recommendations have not yet been finally complied with.

Resolved, that the same subject be again presented to the attention of the said states, that they be urged to consider that the war being now brought to a happy termination by the personal services of our souldiers, the supplies of property by our citizens, & loans of money from them as well as from foreigners, these several creditors have a right to call for a precise designation of the funds expect that funds shall be provided on which they are to may rely for indemnification; that Congress still consider vacant territory as the a capital resource; that this too is the time when our Confederacy with all the territory included within it’s limits should assume it’s ultimate and permanent form; & that therefore the sd states be earnestly pressed by immediate & liberal cessions to forward these necessary ends, & to remove those obstacles which disturb the harmony of the Union, which embarrass it’s councils & obstruct its operations.

REPORT OF THE ARREARS OF INTEREST1

c. c.

[March 22, 1784]

The Grand Committee consisting of appointed to prepare and report to Congress the arrears of interest on the National debt, together with the interest and expences for the year 1784 from the first to the last day thereof inclusive and a requisition of Money on the States for discharging the same, have agreed to the following report.

Resolved that there will be wanting for arrears of interest, and for the interest & services of the present year 1784, from the first to the last day thereof inclusive, the following sums expressed in Dollars, tenths and hundredths of Dollars.

The Committee were apprized that the resolutions of Congress of Apr. the 18^th. 1783. had recommended to the several states the raising an annual revenue by the establishment of certain imposts for the purpose of discharging the national debt, principal and interest. But it occurred to them that those recommendations were still before several of the legislatures; that however desirable a compliance therewith is for the preservation of our faith, & establishment of a National Credit, yet as time had already elapsed, and more must elapse before their final confirmation can be hoped at; after it shall be obtained time will also be requisite to advance the plan to the term of actual collection, good faith requires that in the mean while other measures should be resorted to for the purpose of discharging the growing interest.

In the statement of the interest due at the close of the year 1782, the Committee have supposed its amount lessened by 1,200,000 dollars required & apportioned by the resolutions of Congress of Sep. the 4^th. and 10^th. 1782, & appropriated to the sole purpose of paying the interest of the public debt. This requisition gave license to the states to apply so much as should be necessary of their respective quotas of it, to the payment of interest due on certificates issued from the loan office of their own states, & other liquidated debts of the United States contracted therein. Hence they suppose it has happened that the actual payment of these quotas have been uncommunicated to the office of finance for the United States. The Committee are of opinion that the states should be desired to communicate to the Superintendant of finance the payments they have made under this requisition, & where they have been incomplete to hasten their completion as the means still relied on by Congress for the discharge of that part of the interest of the public debt. And while on this subject they beg leave to add that from the representation to Congress by the Minister of France, referred to this Committee they learn that in some of the states a discrimination has taken place between the citizens of their own & subjects or citizens of other Countries, which was not authorized by the said resolution: they are of opinion that such states should be requested to revise & reform their proceedings herein; and to extend the benefits of this provision equally and impartially to all persons within it’s description.

Your Committee came then to consider in what way it would be best to call for the sums requisite for the services before stated. And they thought it their duty in the first place to enquire whether no surpluses might remain on former requisitions of Congress after effecting fully the purposes were effected to which they were originally appropriated; under an assurance that it would be both the duty and sense of Congress to apply such surpluses, in every instance, towards lessening the next requisitions on the states. They found in fact that such a surplus would remain on the requisition of Oct. 30. 1781, for eight millions of Dollars for the services of the ensuing year; and that this surplus would be great from the following circumstances. That requisition was estimated on supposition that the Continental army would be completed by the states to it’s full establishment, and that cloathing, subsistence & other necessaries for such an army must of course be provided. The states were far short of producing such an army. Hence the calls for money were proportionably abridged. It was estimated too on the further supposition that we might be disappointed in the endeavors we were then exerting to borrow money both at home & abroad, and of course that the whole must be supplied by taxes. Loans however were obtained and the surplus increased by this second cause. A third circumstance has further enlarged it. The payments on this requisition have been small & slow. Hence, instead of money, those who served & supplied the United States have received certificates only that money is due to them, and these debts have been transferred to the fund proposed to be raised by way of impost. So that tho’ the debts exist, they are removed from this to another fund. To know then the amount of this surplus, the Committee extended their enquiries to the sums actually received under this requisition, the purposes to which they have been applied, and the anticipations thereof still unsatisfied. They found that 1,486,511.71 only of the eight millions of Dollars had been received at the treasury at the close of the year 1783: that these had been applied to the services of the years 1782. & 1783: and that for other services of the same years debts were contracted to the amount of about one million of dollars more, which depend for their discharge on further receipts under this requisition. Your Committee then are of opinion that a surplus of 5,513,488.28 Dollars will remain of this requisition after answering all the demands which actually rose against it, which were not answered by other Means, nor transferred to other funds: and that this surplus ought to be applied so far as it will go, to the common purposes of the United States, so as to prevent new requisitions on them till the old shall have been exhausted, and to shew to those who may have paid their whole quota of any requisition that they will not be called on anew till all the other states shall in like manner have paid up their quotas.

Your Committee found also that there was a requisition of Congress of Oct. 16, 1782. for 2. Millions of Dollars for the Services of the year 1783, on which some small payments had been tendered, but that the Superintendant of finance had found it better to receive and credit them as part of the eight millions. They are accordingly comprehended in the sum before stated to have been paid in under that head.

Having thus stated the demands existing against the states, the Committee would have performed but half their duty had they passed over unnoticed their condition to pay them. Their abilities must be measured in weighing their burthens. Their creditors themselves will view them, just relieved from the ravages of predatory armies, returning from an attendance on camps to the culture of their fields, beginning to sow, but not having reaped, exhausted of necessaries & habitual comforts and therefore needing new supplies out of the first proceeds of their labour. Forbearance then, to a certain degree will suggest itself to them. Those entrusted with the dispensation of justice between them will suppose both parties desirous that their mutual situations should be considered & accommodated. Your Committee are of opinion that if the whole balances of the two requisitions of eight and of two millions should be rigorously called into payment within the course of the present year, a compliance with such call would produce much distress; and that some term short of this should be fixed on, within the reach of the least as well as of the most able states. They propose therefore that the states be required to furnish within the course of the present year such part of their deficiencies under the requisitions of 8 millions, as, with their payments to the close of the last year, will make up three fourths of their original quota thereof: and that these payments be appropriated to the services of the present year 1784, in conformity with the statement in the first part of this report, giving generally, where accommodation cannot be effected among the several objects, a preference according to the order in which they are arranged in the sd statement.

But while this proportion of the former deficiencies is of necessity called for under the pressure of demands which will admit neither denial nor delay, the Committee must acknowledge that even the punctual compliance expected from all the states will not effect completely all the purposes of their preceding statement. To accomplish these perfectly; to enable the federal administration to fulfil the whole of those just & desirable objects, they wish earnestly & warmly to encourage the abler states to go as far beyond this proposition as their happier situation will admit, under an assurance that their further contributions will be applied towards reducing the interest & principal of the public debt, & will be placed to their credit in the next requisitions, with interest thereon from the time of payment.

Individual states have at times thought it hard that while, in their own opinion, they were in advance for the United States on accounts existing & unsettled between them, they should yet be called on to furnish actual contributions of Money. Your The Committee observe in answer to this, first, that almost every state thinks itself in advance: and secondly that it has been the constant wish of Congress that these accounts should be settled, & the contributions of each be known & credited. They have accordingly put it in the power of the states to effect these settlements: and as a further encouragement to hasten this desirable work, the Committee are of opinion Congress should declare that so soon as these accounts shall be all settled, and it shall appear in favor of what states balances arise, such states shall have credit for the same in the requisitions next ensuing.

But it will be necessary also to remind the states that no materials have yet been furnished to enable Congress to adjust the ultimate ratio in which the expenditures of the late war shall be apportioned on the states. The Confederation directs that this shall be regulated by the value of the lands in the several states with the buildings & improvements thereon. Experiments made however since the date of that instrument for the purposes of ordinary taxation had induced doubts both as to the practicability of this rule of apportionment and of it’s equality apportionable. Yet Congress thought it their duty to give it fair trial, and recommended to the several states on the 17th of Feb. 1783. to furnish an account of their lands buildings & number of inhabitants, whereon they might proceed to estimate their respective quotas. But apprehending the incompetence of the rule would immediately shew itself, and desirous that no time should be unnecessarily lost, they followed it with another recommendation of the 18^th. of Apr. 1783. to substitute in lieu of that article in the Confederation another which should make the number of inhabitants, under certain modifications, the measure of contribution for each state. Both these propositions are still under reference to the several legislatures; the latter accompanied by the earnest wishes & preference of Congress, under full conviction that it will be found in event the most as equal, the most more satisfactory, & most more easy of execution: the former only pressed if the other should be rejected. The Committee is informed that the states of Connecticut New Jersey, Pennsylvania & S. Carolina have acceded to the alteration proposed; but have no evidence that the other states have as yet decided thereon. As it is necessary that the one or the other measure should be immediately resorted to, they are of opinion it should be recommended to the legislatures which have not yet decided between them, to come to decision at their next meeting.

In order to present to the eye a general view of the several existing requisitions & of the payments made under them, the Committee has subjoined them in the form of a table, wherein the 1^st. column enumerates the states: the 2^d. the apportionment of the D1.200.000: the 3^d. that of the 8. millions: the 4^th. that of the 2. millions: the 5^th. the sums paid by the several states in part of their respective quotas to the last day of the year 1783: and the 6^th. the sums now required to made up three fourths of their respective quotas of the 8. millions express^d. in Doll^rs. 10^th. & 100^th. of Doll.

	Apportionment of the 1.200.000 Dollars.	Apportionment of the 8.	Apportionment of the 2.	Paid of the 8 before Dec. 31, 1783.	Sums now required to make 3/4 of the 8.
New Hampshire	48.000	373.598	80.000	3.000	277.198. 5
Massachusetts	192.000	1.307.596	320.000	247.676.66	733.020.33
Rhode island	28.000	216.684	48.000	67.847.95	94.655.04
Connecticut	133.200	747.196	222.000	131.577.83	428.819.25
New York	54.000	373.598	90.000	39.064. 1	241.134. 4
New Jersey	66.000	485.679	110.000	102.004.95	262.254. 3
Pennsylvania	180.000	1.120.794	300.000	346.632.98	493.962.51
Delaware	16.800	112.085	28.000	...........	84.063.75
Maryland	132.000	933.996	220.000	89.302.11	611.194.88
Virginia	174.000	1.307.594	290.000	115.103.53	865.591.54
N. Carolina	88.800	622.677	148.000	...........	467.009.75
S. Carolina	72.000	373.598	120.000	344.301.57	...........
Georgia	14.400	24.905	24.000	...........	18.678.75
	1.200.000	8.000.000	2.000.000	1.486.511.71	4.577.591.02

It remained lastly to consider whether no facilities might be given to the paiment of these sums by the several states. The Committee observed that of the purposes for which money is wanting, about a moiety can be answered by nothing but money itself; but that the other moiety, consisting of interest on our domestic debt, may be effected by procuring a discount of the demand in the hands of the holder; an operation which will be shorter & less impoverishing to the state. And however, in times of greater plenty, the accuracy of fiscal administration might require all transactions to be in actual money, at the treasury itself; yet till our constituents shall have had some respite from their late difficulties, it behoves us to prefer their easement. The Committee are therefore of opinion that the several legislatures may be admitted so to model the collection of the sums now called for as that, the one half being paid in actual money, the other may be discharged by procuring discounts of interest with our domestic creditors; only taking care that the collection of money shall proceed at least in equal pace with the operations of discount. And to ascertain the evidence of discount which shall be receivable in lieu of money, the holders of loan office certificates shall be at liberty to carry them to the office from which they issued; and the holders of certificates of other liquidated debts of the United States, to carry the same to the loan office of that State wherein the debt was contracted and to have the interest due thereon settled & certified to the last day of the year 1783; for which interest the loan officer shall give a certificate in such form, and under such cautions & instructions as the Superintendant of finance shall transmit to him; which certificates of interest, being parted with by the holder of the principal, shall be deemed evidence that he has received satisfaction for the same, & therefore shall be receivable from the bearer, within the same State, in lieu of money in the proportion before stated. And where loan office certificates, issued after the 1^st. day of Mar. 1778, shall be presented to the loan officer, they shall be reduced to their specie value according to the resolutions of Congress of June 28, 1780. that specie value expressed on some part of the certificate, & the interest thereon settled & certified as in other cases.

TO GEORGE WASHINGTON

w. mss.

Annapolis, Mar. 31, 1784.

Dear Sir,

—Your servant delivered me your favor this morning; Capt. Barney is gone to Philadelphia and his vessel to Baltimore, having left with me one of your packages only. The persons who brought this could give me no certain account of the other package which you suppose to have been brought. This your servant now receives.

Being obliged to seize a moment in Congress of writing you these few lines, I can only mention to you that late advices from Europe mention another revolution in the British ministry, Mr. Pitt & his friends having resigned. No new ministry was formed. This does not come however authentically.

TO THE GOVERNOR OF VIRGINIA1 (BENJAMIN HARRISON.)

Annapolis, Apr. 2, 1784.

Sir,

—We have received no foreign intelligence through any authentic channel since the letter of Dr. Franklin of Dec. 25, an extract from which I formerly did myself the honour of enclosing to you. Through different ways however, such as to merit belief, we have information that the utmost confusion prevails in the British government. The House of Commons on the 16th of January came to a vote that the ministry (Mr. Pitt & his associates) neither possessed nor ought to possess the confidence of the nation. One account sais that on this Mr. Pitt resigned. Another that he had not resigned and that the doubt was whether the King would dissolve the parliament or part with his ministry. The error in the composition of the administration seems to have been the filling it from the house of lords, and taking in not enough of the men of interest and talents in the house of commons. Matters on the continent are quiet. The Emperor & Dutch have appointed commissioners to settle their differences. Whether his object was to have opened the Scheld, or whether the dispute arose about contested territory seems not very clear. I should have added to the above intelligence that the city of London were warm for Mr. Pitt and had addressed the King to continue his favor to him.—Your letter from Mount Vernon came safely to hand. We have eleven states in Congress, and are applying ourselves solely to the important subjects. I am not without hopes that we shall be able by the first of May to adjourn till November. Nothing could prevent it but the loss of votes sometimes by divisions of the states, 8 of the 11 being represented by two members only, any three of the sixteen members can still defeat our endeavors, and your knowledge of men will suggest to you the possibility of 3 dissenting voices out of 16 on any question. Mr. Mercer, the corresponding member for the month will perhaps be able to supply any intelligence which may escape me.

TO GEORGE WASHINGTON

w. mss.

Annapolis, Apr. 6, 1784.

Dear Sir,

—I am obliged to you for your query as to the distance from New York to Cuyahoga, as it occasioned my re-examination of that matter & detection of an error of 150 miles. The distances from New York to Niagara I collect from information as follows

from N. York to Albany	164 miles
Oneida	165
Oswego	171
Niagara	180
	680
	140
	820

From Niagara to Cuyahoga 140 this last distance I collect by measuring on Hutchin’s map & reducing that proportionably by the known distance from Niagara to Detroit which is 250 miles.

The public papers confirm the resignation of Mr. Pitt & his friends. A ship arrived here, & some others in Philadelphia have brought us a riddle without a key. They received their bounties & drawbacks on clearing out from London as they used to do while we were colonies without any public act authorizing it being visible. The Custom house officers tendered them, & they were not so rude as to refuse them. The prohibitory proclamation they say is eluded & connived at by government. We have 11 states in Congress & hope by the middle of May to adjourn to November. If anything prevents this it will be the representation of 8. states of the 11. by 2 members each, who frequently dividing retard business extremely.—The inclosed letter was put into my hands with a request to forward it to you.—This will be delivered you by Mons^r. de Hogendorff, a relation of Mr. Van Berchel’s. A very particular acquaintance with him here has led me to consider him as the best informed man of his age I have ever seen. Nature & application seem equally to have concurred in fitting him for important business. He returns to Holland, his native country, in the summer, and cannot deny himself the satisfaction of paying his tribute of respect to you.

P. S. The Minister of France arrived here to-day. I believe he is on a tour through Virginia, but I have not yet learned when he sets out. Since writing this I learn that the Minister has declined his tour through Virginia, but thinks to go as far as your house: perhaps within a fortnight.

NOTES ON THE ESTABLISHMENT OF A MONEY UNIT, AND OF A COINAGE FOR THE UNITED STATES1

[April, 1784.]

In fixing the Unit of Money, these circumstances are of principal importance.

I. That it be of convenient size to be applied as a measure to the common money transactions of life.

II. That its parts and multiples be in an easy proportion to each other, so as to facilitate the money arithmetic.

III. That the Unit and its parts, or divisions, be so nearly of the value of some of the known coins, as that they may be of easy adoption for the people.

The Spanish Dollar seems to fulfill all these conditions.

I. Taking into our view all money transactions, great and small, I question if a common measure of more convenient size than the Dollar could be proposed. The value of 100, 1000, 10,000 dollars is well estimated by the mind; so is that of the tenth or the hundredth of a dollar. Few transactions are above or below these limits. The expediency of attending to the size of the money Unit will be evident, to any one who will consider how inconvenient it would be to a manufacturer or merchant, if, instead of the yard for measuring cloth, either the inch or the mile had been made the Unit of Measure.

II. The most easy ratio of multiplication and division, is that by ten. Every one knows the facility of Decimal Arithmetic. Every one remembers, that, when learning Money-Arithmetic, he used to be puzzled with adding the farthings, taking out the fours and carrying them on; adding the pence, taking out the twelves and carrying them on; adding the shillings, taking out the twenties and carrying them on; but when he came to the pounds, where he had only tens to carry forward, it was easy and free from error. The bulk of mankind are schoolboys through life. These little perplexities are always great to them. And even mathematical heads feel the relief of an easier, substituted for a more difficult process. Foreigners, too, who trade and travel among us, will find a great facility in understanding our coins and accounts from this ratio of subdivision. Those who have had occasion to convert the livres, sols, and deniers of the French; the gilders, stivers, and frenings of the Dutch; the pounds, shillings, pence, and farthings of these several States, into each other, can judge how much they would have been aided, had their several subdivisions been in a decimal ratio. Certainly, in all cases, where we are free to choose between easy and difficult modes of operation, it is most rational to choose the easy. The Financier, therefore, in his report, well proposes that our Coins should be in decimal proportions to one another. If we adopt the Dollar for our Unit, we should strike four coins, one of gold, two of silver, and one of copper, viz.:

1. A golden piece, equal in value to ten dollars:
2. The Unit or Dollar itself, of silver:
3. The tenth of a Dollar, of silver also:
4. The hundredth of a Dollar, of copper.

Compare the arithmetical operations, on the same sum of money expressed in this form, and expressed in the pound sterling and its division.

A bare inspection of the above operations will evince the labor which is occasioned by subdividing the Unit into 20ths, 240ths, and 960ths, as the English do, and as we have done; and the ease of subdivision in a decimal ratio. The same difference arises in making payment. An Englishman, to pay £8, 13s. 11d. 1–2 qrs., must find, by calculation, what combination of the coins of his country will pay this sum; but an American having the same sum to pay, thus expressed $38.65, will know, by inspection only, that three golden pieces, eight units or dollars, six tenths, and five coppers, pay it precisely.

III. The third condition required is, that the Unit, its multiples, and subdivisions, coincide in value with some of the known coins so nearly, that the people may, by a quick reference in the mind, estimate their value. If this be not attended to, they will be very long in adopting the innovation, if ever they adopt it. Let us examine, in this point of view, each of the four coins proposed.

1. The golden piece will be 1–5 more than a half Joe, and 1–15 more than a double guinea. It will be readily estimated, then, by reference to either of them; but more readily and accurately as equal to ten dollars.

2. The Unit, or Dollar, is a known coin, and the most familiar of all, to the minds of the people. It is already adopted from South to North? has identified our currency, and therefore happily offers itself as a Unit already introduced. Our public debt, our requisitions, and their appointments, have given it actual and long possession of the place of Unit. The course of our commerce, too, will bring us more of this than of any other foreign coin, and therefore renders it more worthy of attention. I know of no Unit which can be proposed in competition with the Dollar, but the Pound. But what is the Pound? 1547 grains of fine silver in Georgia; 1289 grains in Virginia, Connecticut, Rhode Island, Massachusetts, and New Hampshire; 1031 1–4 grains in Maryland, Delaware, Pennsylvania, and New Jersey; 966 3–4 grains in North Carolina and New York. Which of these shall we adopt? To which State give that pre-eminence of which all are so jealous? And on which impose the difficulties of a new estimate of their corn, their cattle, and other commodities? Or shall we hang the pound sterling, as a common badge, about all their necks? This contains 1718 3–4 grains of pure silver. It is difficult to familiarize a new coin to the people; it is more difficult to familiarize them to a new coin with an old name. Happily, the dollar is familiar to them all, and is already as much referred to for a measure of value, as their respective provincial pounds.

3. The tenth will be precisely the Spanish bit, or half pistereen. This is a coin perfectly familiar to us all. When we shall make a new coin, then, equal in value to this, it will be of ready estimate with the people.

4. The hundredth, or copper, will differ little from the copper of the four Eastern States, which is 1–108 of a dollar; still less from the penny of New York and North Carolina, which is 1–96 of a dollar; and somewhat more than the penny or copper of Jersey, Pennsylvania, Delaware, and Maryland, which is 1–90 of a dollar. It will be about the medium between the old and the new coppers of these States, and will therefore soon be substituted for them both. In Virginia, coppers have never been in use. It will be as easy, therefore, to introduce them there of one value as of another. The copper coin proposed will be nearly equal to three-fourths of their penny, which is the same with the penny lawful of the Eastern States.

A great deal of small change is useful in a State, and tends to reduce the price of small articles. Perhaps it would not be amiss to coin three more pieces of silver, one of the value of five-tenths, or half a dollar, one of the value of two-tenths, which would be equal to the Spanish pistereen, and one of the value of five coppers, which would be equal to the Spanish half-bit. We should then have five silver coins, viz.:

1. The Unit or Dollar:

2. The half dollar or five-tenths:

3. The double tenth, equal to 2, or one-fifth of a dollar, or to the pistereen:

4. The tenth, equal to a Spanish bit:

5. The five copper piece, equal to .5, or one-twentieth of a dollar, or the half-bit.

The plan reported by the Financier is worthy of his sound judgment. It admits, however, of objection, in the size of the Unit. He proposes that this shall be the 1440th part of a dollar: so that it will require 1440 of his units to make the one before proposed. He was led to adopt this by a mathematical attention to our old currencies, all of which this Unit will measure without leaving a fraction. But as our object is to get rid of those currencies, the advantage derived from this coincidence will soon be past, whereas the inconveniencies of this Unit will forever remain, if they do not altogether prevent its introduction. It is defective in two of the three requisites of a Money Unit. 1. It is inconvenient in its application to the ordinary money transactions. 10,000 dollars will require eight figures to express them, to wit, 14,400,000 units. A horse or bullock of eighty dollars value, will require a notation of six figures, to wit, 115,200 units. As a money of account, this will be laborious, even when facilitated by the aid of decimal arithmetic: as a common measure of the value of property, it will be too minute to be comprehended by the people. The French are subjected to very laborious calculations, the Livre being their ordinary money of account, and this but between 1–5th and 1–6th of a dollar; but what will be our labors should our money of account be 1–1440th of a dollar? 2. It is neither equal, nor near to any of the known coins in value.

If we determine that a Dollar shall be our Unit, we must then say with precision what a Dollar is. This coin, struck at different times, of different weights and fineness, is of different values. Sir Isaac Newton’s assay and representation to the Lords of the Treasury, in 1717, of those which he examined, make their values as follows:

	dwts. grs.
The Seville piece of eight	17–12 containing 387 grains of pure silver
The Mexico piece of eight	17–10 5–9 containing 385 1–2
The Pillar piece of eight	17–9 containing 385 3–4
The new Seville piece of eight	14— containing 308 7–10

The Financier states the old Dollar as containing 376 grains of fine silver, and the new 365 grains. If the Dollars circulating among us be of every date equally, we should examine the quantity of pure metal in each, and from them form an average for our Unit. This is a work proper to be committed to mathematicians as well as merchants, and which should be decided on actual and accurate experiment.

The quantum of alloy is also to be decided. Some is necessary to prevent the coin from wearing too fast; too much, fills our pockets with copper, instead of silver. The silver coin assayed by Sir Isaac Newton, varied from 1 1–2 to 76 pennyweights alloy, in the pound troy of mixed metal. The British standard has 18 dwt.; the Spanish coins assayed by Sir Isaac Newton have from 18 to 19 1–2 dwt.; the new French crown has in fact 19 1–2, though by edict, it should have 20 dwt., that is 1–12.

The taste of our countrymen will require, that their furniture plate should be as good as the British standard. Taste cannot be controlled by law. Let it then give the law, in a point which is indifferent to a certain degree. Let the Legislature fix the alloy of furniture plate at 18 dwt., the British standard, and Congress that of their coin at one ounce in the pound, the French standard. This proportion has been found convenient for the alloy of gold coin, and it will simplify the system of our mint to alloy both metals in the same degree. The coin, too, being the least pure, will be the less easily melted into plate. These reasons are light, indeed, and, of course, will only weigh, if no heavier ones can be opposed to them.

The proportion between the values of gold and silver is a mercantile problem altogether. It would be inaccurate to fix it by the popular exchanges of a half Joe for eight dollars, a Louis for four French crowns, or five Louis for twenty-three dollars. The first of these would be about the Spanish proportion between gold and silver; the second, the French; the third, a mere popular barter, wherein convenience is consulted more than accuracy. The legal proportion in Spain is 16 for 1; in England, 15 1–2 for 1; in France, 15 for 1. The Spaniards and English are found, in experience, to retain an over-proportion of gold coins, and to lose their silver. The French have a greater proportion of silver. The difference at market has been on the decrease. The Financier states it at present, as at 14 1–2 for one. Just principles will lead us to disregard legal proportions altogether; to enquire into the market price of gold, in the several countries with which we shall principally be connected in commerce, and to take an average from them. Perhaps we might, with safety, lean to a proportion somewhat above par for gold, considering our neighborhood, and commerce with the sources of the coins, and the tendency which the high price of gold in Spain has, to draw thither all that of their mines, leaving silver principally for our and other markets. It is not impossible that 15 for 1, may be found an eligible proportion. I state it, however, as a conjecture only.

As to the alloy for gold coin, the British is an ounce in the pound; the French, Spanish, and Portuguese differ from that, only from a quarter of a grain, to a grain and a half. I should, therefore, prefer the British, merely because its fraction stands in a more simple form, and facilitates the calculations into which it enters.

Should the Unit be fixed at 365 grains of pure silver, gold at 15 for 1, and the alloy of both be one-twelfth, the weight of the coins will be as follows:

	Grains.	Grains.	dwt. Grains.
The Golden piece containing	242 1–3 of pure metal,	22.12 of alloy, will weigh	11—1.45
The Unit or Dollar	365	33.18	16—14.18
The half dollar, or five tenths,	182 1–2	16.59	8—7.09
The fifth, or Pistereen,	73	6.63	3—7.63
The tenth, or Bit,	36 1–2	3.318	1—15.818
The twentieth, or half Bit,	18 1–4	1.659	19.9

The quantity of fine silver which shall constitute the Unit, being settled, and the proportion of the value of gold to that of silver; a table should be formed from the assay before suggested, classing the several foreign coins according to their fineness, declaring the worth of a pennyweight or grain in each class, and that they shall be lawful tenders at those rates, if not clipped or otherwise diminished; and, where diminished, offering their value for them at the mint, deducting the expense of re-coinage. Here the Legislatures should co-operate with Congress, in providing that no money be received or paid at their treasuries, or by any of their officers, or any bank, but on actual weight; in making it criminal, in a high degree, to diminish their own coins, and, in some smaller degree, to offer them in payment when diminished.

That this subject may be properly prepared, and in readiness for Congress to take up at their meeting in November, something must now be done. The present session drawing to a close, they probably would not choose to enter far into this undertaking themselves. The Committee of the States, however, during the recess, will have time to digest it thoroughly, if Congress will fix some general principles for their government. Suppose they be instructed,

To appoint proper persons to assay and examine, with the utmost accuracy practicable, the Spanish milled dollars of different dates, in circulation with us.

To assay and examine, in like manner, the fineness of all the other coins which may be found in circulation within these States.

To report to the Committee the result of these assays, by them to be laid before Congress.

To appoint, also, proper persons to enquire what are the proportions between the values of fine gold, and fine silver, at the markets of the several countries with which we are, or probably may be, connected in commerce; and what would be a proper proportion here, having regard to the average of their values at those markets, and to other circumstances, and to report the same to the Committee, by them to be laid before Congress.

To prepare an Ordinance for establishing the Unit of Money within these States; for subdividing it; and for striking coins of gold, silver, and copper, on the following principles:

That the Money Unit of these States shall be equal in value to a Spanish milled dollar containing so much fine silver as the assay, before directed, shall show to be contained, on an average, in dollars of the several dates in circulation with us.

That this Unit shall be divided into tenths and hundredths; that there shall be a coin of silver of the value of a Unit; one other of the same metal, of the value of one-tenth of a Unit; one other of copper, of the value of the hundredth of a Unit.

That there shall be a coin of gold of the value of ten Units, according to the report before directed, and the judgment of the Committee thereon.

That the alloy of the said coins of gold and silver, shall be equal in weight to one-eleventh part of the fine metal.

That there be proper devices for these coins.

That measures be proposed for preventing their diminution, and also their currency, and that of any others, when diminished.

That the several foreign coins be described and classed in the said Ordinance, the fineness of each class stated, and its value by weight estimated in Units and decimal parts of Units.

And that the said draught of an Ordinance be reported to Congress at their next meeting, for their consideration and determination.

April 1784

Supplementary Explanations

The preceding notes having been submitted to the consideration of the Financier, he favored me with his opinion and observations on them, which render necessary the following supplementary explanations.

I observed, in the preceding notes, that the true proportion of value between gold and silver was a mercantile problem altogether, and that, perhaps, fifteen for one, might be found an eligible proportion. The Financier is so good as to inform me, that this would be higher than the market would justify. Confident of his better information on this subject, I recede from that idea.1

He also informs me, that the several coins, in circulation among us, have been already assayed with accuracy, and the result published in a work on that subject. The assay of Sir Isaac Newton had superseded, in my mind, the necessity of this operation as to the older coins, which were the subject of his examination. This latter work, with equal reason, may be considered as saving the same trouble as to the latter coins.

So far, then, I accede to the opinions of the Financier. On the other hand, he seems to concur with me, in thinking his smallest fractional division too minute for a Unit, and, therefore, proposes to transfer that denomination to his largest silver coin, containing 1000 of the units first proposed, and worth about 4s. 2d. lawful, or 25–36 of a Dollar. The only question then remaining between us is, whether the Dollar, or this coin, be best for the Unit. We both agree that the ease of adoption with the people, is the thing to be aimed at.

1. As to the Dollar, events have overtaken and superseded the question. It is no longer a doubt whether the people can adopt it with ease; they have adopted it, and will have to be turned out of that, into another tract of calculation, if another Unit be assumed. They have now two Units, which they use with equal facility, viz., the Pound of their respective State, and the Dollar. The first of these is peculiar to each State: the second, happily, common to all. In each State, the people have an easy rule of converting the pound of their State into dollars, or dollars into pounds; and this is enough for them, without knowing how this may be done in every State of the Union. Such of them as live near enough the borders of their State to have dealings with their neighbors, learn also the rule of their neighbors; thus, in Virginia and the Eastern States, where the dollar is 6s. or 3–10 of a pound, to turn pounds into dollars, they multiply by 10 and divide by 3. To turn dollars into pounds, they multiply by 3, and divide by 10. Those in Virginia who live near to Carolina, where the dollar is 8s. or 4–10 of a pound, learn the operation of that State, which is a multiplication by 4, and division by 10, et e converso. Those who live near Maryland, where the dollar is 7s. 6d. or 3–8 of a pound, multiply by 3, and divide by 8, et e converso. All these operations are easy, and have been found, by experience, not too much for the arithmetic of the people, when they have occasion to convert their old Unit into dollars, or the reverse.

2. As to the Unit of the Financier; in the States where the dollar is 3–10 of a pound, this Unit will be 5–24. Its conversion into the pound then, will be by a multiplication of 5, and a division by 24. In the States where the dollar is 3–8 of a pound, this Unit will be 25–96 of a pound, and the operation must be to multiply by 25, and divide by 96, et e converso. Where the dollar is 4–10 of a pound, this Unit will be 5–18. The simplicity of the fraction, and of course the facility of conversion and reconversion, is therefore against this Unit, and in favor of the dollar, in every instance. The only advantage it has over the dollar, is, that it will in every case express our farthing without a remainder; whereas, though the dollar and its decimals will do this in many cases, it will not in all. But, even in these, by extending your notation one figure further, to wit, to thousands, you approximate to perfect accuracy within less than the two-thousandth part of a dollar; an atom in money which every one would neglect. Against this single inconvenience, the other advantages of the dollar are more than sufficient to preponderate. This Unit will present to the people a new coin, and whether they endeavor to estimate its value by comparing it with a Pound, or with a Dollar, the Units they now possess, they will find the fraction very compound, and of course less accommodated to their comprehension and habits than the dollar. Indeed the probability is, that they could never be led to compute in it generally.

The Financier supposes that the 1–100 part of a dollar is not sufficiently small, where the poor are purchasers or vendors. If it is not, make a smaller coin. But I suspect that it is small enough. Let us examine facts, in countries where we are acquainted with them. In Virginia, where our towns are few, small, and of course their demand for necessaries very limited, we have never yet been able to introduce a copper coin at all. The smallest coin which anybody will receive there, is the half-bit, or 1–20 of a dollar. In those States where the towns are larger and more populous, a more habitual barter of small wants, has called for a copper coin of 1–90, 1–96, or 1–108 of a dollar. In England, where the towns are many and populous, and where ages of experience have matured the conveniences of intercourse, they have found that some wants may be supplied for a farthing, or 1–208 of a dollar, and they have accommodated a coin to this want. This business is evidently progressive. In Virginia, we are far behind. In some other States, they are further advanced, to wit, to the appreciation of 1–90, 1–96, 1–108 of a dollar. To this most advanced state, then, I accommodated my smallest coin in the decimal arrangement, as a money of payment, corresponding with the money of account. I have no doubt the time will come when a smaller coin will be called for. When that comes, let it be made. It will probably be the half of the copper I suppose, that is to say, 5–1000 or .005 of a dollar, this being very nearly the farthing of England. But it will be time enough to make it, when the people shall be ready to receive it.

My proposition then, is, that our notation of money shall be decimal, descending ad libitum of the person noting; that the Unit of this notation shall be a Dollar; that coins shall be accommodated to it from ten dollars to the hundredth of a dollar; and that, to set this on foot, the resolutions be adopted which were proposed in the notes, only substituting an inquiry into the fineness of the coins in lieu of an assay of them.

Annapolis May 9, 1784

MOTION ON STEUBEN.1

c. c.

[April 13, 1784]

Congress having been made sensible that Major Genl. Baron de Steuben when he left Europe to enter into the service of America, independantly of other sacrifices, relinquished offices of very considerable income & honour and that unless he can receive the Monies due to him from these states, his return from their service will be to a Situation distressing to himself dishonourable to them & discouraging to others in future.

Resolved that the proper officers proceed to the liquidation of the Monies due from these states to Maj^r. Gen^l. Baron de Steuben: that the financier paid to him dollars in part thereof that he Superintendant of finance report to Congress his opinion of the most speedy & practicable efficacious means of procuring & paying the same either here or in Europe; that Baron Steuben be assured that Congress will adopt these or such others, as shall appear most proper and effectual for doing him that justice which the peculiarity of his case authorise for his own accommodation in the mean time he be presented with ten thousand dollars for the immediate delivery of which the financier will take order

NOTES ON THE PERMANENT SEAT OF CONGRESS.1

j. mss.

[April 13, 1784]

North River—recommended for the permanent seat of Cong^s. chiefly by its security against foreign danger.

Falls of Potomac—By 1. geographical centrality—2. proximity to Western Country already ceded—3. inducement to further cessions from N. C. S. C. & Georgia. 4. remoteness from the influence of any overgrown commercial city.

Falls of Delaware—By 1. centrality with regard to number of inhabitants. 2. centrality as to n^o. of States & of Delegates. 3. facility of obtaining intelligence from sea.

Temporary seat of Congress—

Princeton—in favor of it, 1. its neighbourhood to the Permanent seat, 2. inconveniency of a removal. 3. beneficial effect of a frugal situation of Cong^s. on their popularity throughout the States. 4. the risque in case of removal from Princeton of returning under the commercial & corrupt influence of Philad^a.—against it—1—unfitness for transacting the public business—2. deficiency of accomodation, exposing y^emembers attending members to the danger of indignities & extortions, discouraging perhaps the fitest men from undertaking the services & amounting to a prohibition of such as had families from which they would not part. 3

Trenton. arg^ts. in favor & ag^st. it similar to those respecting Princeton. It was particularly remarked that when the option lay between the President & committee between Trenton & Princeton the latter was preferred as least unfit to receive Cong^s. on their removal from Philad^a.

Philad^a. In favor of it. 1. its infinite unrivaled conveniency for transacting the public business, & accomodating Congress. 2 its being the only place where the all the public offices, particularly that of Finance could be kept under the inspection & controul of, & proper intercourse with Cong^s. 3 its conveniency for F. Ministers, to which, cæteris paribus, some regard would be expected. 4 the circumstances which produced a removal from Philad^a. which rendered a return expedient as soon as the insult had been expiated, expedient for supporting in the eyes of foreign nations the appearance of internal harmony, and preventing an appearance of resentment in Cong^s. ag^st. the state of P^a. or city of Philad^a. an appearance which was very much strengthened by some of their proceedings at Princeton—particularly by an unnecessary & irregular declaration not to return to Phi^a. In addition to these overt reasons, it was concluded by sundry of the members who were most anxious to fix Cong^s. permanently at Georgeto the falls of Potowmac that a temporary residence in Philad^a. would be most likely to endeavor prepare a sufficient number of votes in favor of Philadep for that place in preference to the Falls of Delaware for the permanent, and to produce a reconsideration of the vote in favor of the latter ag^st. Philad^a. were alleged. 1. the difficulty & uncertainty of getting away from it at the time limited. 2 the influence of a large comercial & wealthy city on the public councils. In addition to these objections, the hatred ag^st. Mr. M. and hope of accelerating his final resignation were latent motives with some, as perhaps envy of the prosperity of Philad^a. might be and dislike of the support of P^a. to obnoxious recomendations of Cong^s. were with others.

Annapolis. In favor of it, 1^st. its capacity for accommodating Cong^s. and its conveniences for the public business. 2. the soothing tendency of so Southern a position on the temper of the S. States. Ag^st. it, 1^st. the preposterousness of taking a temporary station so distant from the permanent seat fixed on, especially as better accomodations were to be passed by at Philad^a. which was not less than ⅘ths of the distance from the Permanent Seat 2^d. the peculiar force such a step would give to the charge ag^st. Cong^s. of being swayed by improper motives. Besides these considerations it was the opinion of some that way a removal of Cong^s. to Annapolis would inspire Maryland with hopes that w^d. prevent a co-operation in favor of Georgetown, & favor the commerce of that State at the expence of Virginia.

1. It requires 9 states to appropriate money, and only 7 to adjourn. There cannot therefore be buildings erected at Georgetown without the concurrence of 9 states, a number which I fear we shall never obtain. Yet if the buildings were erected, 7 could adjourn us there, & this number is within hope, but not within certainty.

Obj. It is then but a speculation by which the state may throw away 15000 Dollars.

Answ. True. But this is the extent of their loss.

Their possible advantages will be

Common to all the States.
1. The firmness & tone which will be given to the federal government by fixing it’s administration more nearly central.
2. The placing the federal council within reach of the Western states, & thereby cementing them to it’s Eastern part.
3. Securing the seat of federal govmt from sudden enterprize without expensive works or establishments.
4. Adjacence to two states from the one or the other of which a protection may generally be expected.

Common to Southern States.
1. Drawing the federal fleets into the bay of Chesapeak.
2. Bringing the federal administration nearer to the Southern States.
3. Rendering an attendance in Congress more convenient to Southern members, and by thus removing obstacles, increase the chances for inducing the best men into the office.

Common to Virga & Maryland.
1. Attracting foreigners, manufacturers and settlers to the two States of Virga & Maryland.
2. Attracting commerce to them.
3. Throwing a very large sum of Money annually into circulation which will be divided between them.
4. Preferment of their citizens to possⁿ of honour profit & Power to the federal administration.
5. The advantages of a favorable biass in the Executive officers.

Peculiar to Virginia.
1. The establishment of Alexandria on a par with Baltimore as a secondary place of commerce.
2. Leaving Norfolk in possession of all the advantages of a primary emporium. Add to these that the £100.000 offered by Virginia will never be accepted.

	Phila.	Trenton.	George Town 146 from P.
N. Hampshire	429	399	575
Massachusetts	365	335	511
Rhode Island	317	287	463
Connecticut	245	215	391
N. York	97	67	243
		1303
N. Jersey	30	0 —	176
		2805
	1483
Pennsylva	0 —	30	146
	2595
Delaware	30	60	116
			2621
Maryland	144	174	0 — 784
			1837
Virginia	280	310	134
N. Caroli	427	457	281
S. Caroli	797	827	651
Georgia	917	947	771

RESOLUTIONS FOR THE LEGISLATURES OF MARYLAND AND VIRGINIA.1

j. mss.

[April 13, 1784]

Resolved that the Governor be desired to propose to the state of Maryland to concur with this Commonwealth in erecting buildings for the immediate accomodation of the Congress of the United States on the lands on Potowmac offered to be ceded to them by these two states, & particularly on such parts of them as they shall have reason to believe will be most agreeable to the Congress, the expence of which buildings with the purchase of the ground shall not exceed thirty thousand dollars to be advanced from time to time, as it shall be wanting, by the said states in equal portions: which advances on the part of this Commonwealth the Treasurer is hereby authorized & required to make on warrants from the Auditors according to the established forms of his office.

Resolved that three Commissioners be appointed by joint balot of both houses of Assembly, to act with Commissioners or other persons appointed or to be appointed on the part of the state of Maryland, who shall have powers to purchase sufficient ground to agree on the buildings necessary to be erected, to have them erected without delay, to call for & to apply Monies by way of paiment or of advance for the same, and to tender the said buildings to Congress for the sole purpose of their general & of their personal accomodation.

Resolved that to prevent any difficulties or delays which might be produced by doubts in what manner the said Commissioners when assembled shall vote, it be proposed to the State of Maryland that they shall proceed to business always with an equal number (not less than two) from each state, that, so constituted, they shall be considered as forming one Committee, every member whereof shall have one vote and no more and that if at any time they shall be divided on any question which may be likely to delay the said work, they shall state the same in writing to the delegates of the two states, in Congress, who concurring by a Majority of their respective members present shall decide the same.

RESOLVE ON CONTINENTAL CONGRESS

j. mss.

[April 14, 1784?]

1. Resolved that the object of the several states in appointing delegates to meet in General Congress, being that they may therein proceed transact for the good of their states several of the Union in general and their state in particular, those matters which the Confederation has submitted to the direction of Congress, the said delegates ought to be invested in the place where they may be sitting with such privileges and exemptions immunities as will leave them in cover them from molestation and disturbance, and leave them in freedom & tranquility to apply their whole time and attention to the objects of their delegation.

2. That territory and exclusive jurisdiction in & about the place of their session is not necessary to attain these ends and would subject them to avocations from their proper objects.

3. That the legations which have been practised among long experience has led the civilized nations of Europe have led to a long course of experience to an ascertainment of those privileges and immunities which are necessary for the free exercise of their functions which may enable the representative of an independent nation exercising high functions within another that they may to do the same unawed and undisturbed and that therefore the privileges and immunities annexed by the law and usage of nations to such characters to these legations should be allowed to the Congress of the United States collectively and to their members individually by the laws of the states in and adjacent to which they may be sitting, and should be secured in their continuance by sufficient sanctions.

4. That legal provision should also be made for protecting and vindicating those privileges and immunities to which foreign ministers & others attending on Congress are entitled by the law of nations.

5. That Congress will rely on the honour and affection of the states in and adjacent to which they may be sitting as a security that measures shall always be provided for preventing violations of their rights when foreseen before stated in general and duly punishing them when arising too suddenly for prevention.

6. That the United States should be made capable of acquiring & holding in perpetuum such grounds and buildings in and about the place of their session of Congress as may be necessary for the transaction of business by their own for their body, their committees & officers for the transaction of business and that each state should be made capable of acquiring and holding in perpetuum such grounds and buildings as they may at any time think proper to acquire & erect for the personal accomodation of their delegates: and that all these grounds and buildings before mentioned so long as they shall be so long as Congress or a Commee of the states shall be resident at such place shall should be exempt from taxation.

7. That as in time of war the enemies of these states might employ emissaries and spies to discover the views & proceedings of Congress Congress that body should have authority within a certain distance of the place of their session to arrest and deal with as they shall think proper, all persons, not being citizens of any of these states nor entitled to their protection, whom they shall have cause to suspect to be spies.

8. That as the United States in Congress assembled represent the sovereignty of the whole Union, their body collectively and their President individually should on all occasions have precedence of all other bodies & persons.

9. That during the recess of Congress the Committee of the states being left to pursue the same objects & under the same circumstances their body, their members & their President, or chairman should respectively be placed on the same footing with the body the members & the President of Congress respectively.

TO GEORGE WASHINGTON

j. mss.

Annapolis, Apr 16. 1784.

Dear Sir,

—I received your favor of Apr. 8. by Colo. Harrison. The subject of it is interesting, and, so far as you have stood connected with it, has been matter of anxiety to me; because whatever may be the ultimate fate of the institution of the Cincinnati, as in it’s course it draws to it some degree of disapprobation, I have wished to see you standing on ground separated from it, and that the character which will be handed to future ages at the head of our revolution may in no instance be compromitted in subordinate altercations. The subject has been at the point of my pen in every letter I have written to you, but has been still restrained by the reflection that you had among your friends more able counsellors, and, in yourself, one abler than them all. Your letter has now rendered a duty what was before a desire, and I cannot better merit your confidence than by a full and free communication of facts & sentiments, as far as they have come within my observation. When the army was about to be disbanded, & the officers to take final leave, perhaps never again to meet, it was natural for men who had accompanied each other thro’ so many scenes of hardship, of difficulty and danger, who in a variety of instances must have been rendered mutually dear by those aids & good offices to which their situations had given occasion; it was natural I say for these to seize with fondness any proposition which promised to bring them together again at certain & regular periods. And this I take for granted was the origin & object of this institution; & I have no suspicion that they foresaw, much less intended, those mischiefs, which exist perhaps in the forebodings of politicians only. I doubt however whether, in it’s execution, it would be found to answer the wishes of those who framed it, and to foster those friendships it was intended to preserve. The members would be brought together at their annual assemblies no longer to encounter a common enemy, but to encounter one another in debate & sentiment. For something I suppose is to be done at these meetings, & however unimportant, it will suffice to produce difference of opinion, contradiction & irritation. The way to make friends quarrel is to put them in disputation under the public eye. An experience of near twenty years has taught me that few friendships stand this test, & that public assemblies, where every one is free to act & speak, are the most powerful looseners of the bands of private friendship. I think therefore that this institution would fail in it’s principal object, the perpetuation of the personal friendships contracted thro’ the war.

The objections of those who are opposed to the institution shall be briefly sketched. You will readily fill them up. They urge that it is against the confederation—against the letter of some of our constitutions;—against the spirit of all of them—that the foundation on which all these are built is the natural equality of man, the denial of every preeminence but that annexed to legal office, & particularly the denial of a preeminence by birth; that however, in their present dispositions, citizens might decline accepting honorary instalments into the order, a time may come when a change of dispositions would render these flattering, when a well directed distribution of them might draw into the order all the men of talents, of office & wealth, and in this case would probably procure an ingraftment into the government; that in this they will be supported by their foreign members, & the wishes & influence of foreign courts; that experience has shewn that the hereditary branches of modern governments are the patrons of privilege & prerogative, & not of the natural rights of the people whose oppressors they generally are: that besides these evils, which are remote, others may take place more immediately; that a distinction is kept up between the civil & military, which it is for the happiness of both to obliterate; that when the members assemble they will be proposing to do something, & what that something may be will depend on actual circumstances; that being an organized body under habits of subordination, the first obstructions to enterprize will be already surmounted; that the moderation & virtue of a single character has probably prevented this revolution from being closed as most others have been, by a subversion of that liberty it was intended to establish; that he is not immortal, & his successor, or some of his successors, may be led by false calculation into a less certain road to glory:

What are the sentiments of Congress on this subject, & what line will they pursue, can only be stated conjecturally. Congress, as a body, if left to themselves, will in my opinion say nothing on the subject. They may however be forced into a declaration by instructions from some of the states, or by other incidents. Their sentiments, if forced from them, will be unfriendly to the institution. If permitted to pursue their own path, they will check it by side blows whenever it comes in their way, &, in competitions for office, on equal or nearly equal ground, will give silent preferences to those who are not of the fraternity. My reasons for thinking this are 1. The grounds on which they lately declined the foreign order proposed to be conferred on some of our citizens. 2. The fourth of the fundamental articles of constitution for the new states. I inclose you the report. It has been considered by Congress, recommitted & reformed by a committee according to sentiments expressed on other parts of it, but the principle referred to, having not been controverted at all, stands in this as in the original report. It is not yet confirmed by Congress. 3. Private conversations on this subject with the members. Since the receipt of your letter I have taken occasion to extend these; not indeed to the military members, because, being of the order, delicacy forbade it; but to the others pretty generally; and among these I have as yet found but one who is not opposed to the institution, & that with an anguish of mind, tho’ covered under a guarded silence, which I have not seen produced by any circumstance before. I arrived at Philadelphia before the separation of the last Congress, & saw there & at Princetown some of its members not now in delegation. Burke’s piece happened to come out at that time, which occasioned this institution to be the subject of conversation. I found the same impressions made on them which their successors have received. I hear from other quarters that it is disagreeable generally to such citizens as have attended to it, & therefore will probably be so to all when any circumstance shall present it to the notice of all.

This, Sir, is as faithful an account of sentiments & facts as I am able to give you. You know the extent of the circle within which my observations are at present circumscribed, & can estimate how far, as forming a part of the general opinion, it may merit notice, or ought to influence your particular conduct.

It remains now to pay obedience to that part of your letter which requests sentiments on the most eligible measures to be pursued by the society at their next meeting. I must be far from pretending to be a judge of what would in fact be the most eligible measures for the society. I can only give you the opinions of those with whom I have conversed, & who, as I have before observed, are unfriendly to it. They lead to these conclusions. 1. If the society proceeds according to it’s institution, it will be better to make no applications to Congress on that subject or any other in their associated character. 2. If they should propose to modify it, so as to render it unobjectionable, I think this would not be effected without such a modification as would amount almost to annihilation; for such would it be to part with it’s inheritability, it’s organization, & it’s assemblies. 3. If they shall be disposed to discontinue the whole, it would remain with them to determine whether they would chuse it to be done by their own act only, or by a reference of the matter to Congress which would infallibly produce a recommendation of total discontinuance.

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

TO JAMES MADISON

Annapolis, April 25, 1784.

Dear Sir,

—My last to you on the 16th of March, as was the latest I have received from you. By the proposition to bound our country to the westward I meant no more than the passing an act declaring that that should be our boundary from the moment that the people of the Western country & Congress should agree to it. The act of Congress now inclosed to you will shew you that they have agreed to it, because it extends not only to the territory ceded, but to be ceded, and shews how and when they shall be taken into the union. There is nobody then to consult but the people to be severed. If you will make your act final as to yourselves, as soon as those people shall have declared their assent in a certain manner to be pointed out by the act, the whole business is settled. For their assent will follow immediately. One of the conditions is that they pay their quota of the contracted. Of course no difficulty need arise on this head: as no quota has been fixed on us unalterably. The minuter circumstances of selling the ungranted lands will be provided in an ordinance already prepared but not reported. You will observe two clauses struck out of the report, the 1st respecting hereditary honors, the second slavery. The 1st was done not from an approbation of such honors, but because it was thought an improper place to encounter them. The 2nd was lost by an individual vote only. Ten states were present. The 4 Eastern states N. York, and Penns., were for the clause. Jersey would have been for it, but there were but two members, one of whom was sick in his chambers. South Carolina, Maryland, and !Virginia! voted against it. N. Carolina was divided, as would have been Virginia, had not one of its delegates been sick in bed.

The place at which Congress should meet in Nov. has been the subject of discussion lately. Alexandria, Philadelphia, & Trenton were proposed. The first was negatived easily. Trenton had the 4 Eastern states, N. Y., N. J., & Penns. We expect Georgia & Delaware shortly, in which case it will become possible that Phila. may be determined on. The question is put off to be considered with the establishment of a com. of the states, which, to my astonishment, would have been negatived when first proposed had not the question been staved off. Some of the states who were against the measure, I believe, because they had never reflected on the consequences of leaving a government without a head, seem to be come over.

Dr. Lee is appointed an Indian com. He is not present, but is known to have sought it, & of course will accept. This vacates his seat here. I wish Short could be sent in his room. It is a good school for our young statesmen. It gives them impressions friendly to the federal government instead of those adverse which too often take place in persons confined to the politics of their state.

I like the method you propose of settling at once with Maryland all matters relative to Potowmac. To introduce this more easily, I have conversed with Mr. Stone (one of their delegates) on the subject & finding him of the same opinion, have told him I would by letters bring the subject forward on our part. They will consider it therefore as originated by this conversation.

Mercer is 604 ing a very 590. or 745 part. He is a candidate for the 188 [secretary?] ship of foreign 575 [affairs?] and tho he will not get the vote of one state I believe he expects the appointment. He has been endeavoring to defeat all foreign treaties to force the nations of Europe to 400. 255 treat here that he may have the execution of 238. 789. 243. 926. 523. this 467. 364 tho he 960. not 374 the vote of his state. He intrigued with a 312. 730 1017 ol from wes 66 & an old one from New York 890 424 [?] them to divide their state by voting in the 1095 and there being but 586 states present one of which was 728 before to be divided the 467 set of 99 were re 921. 278. 539. 359 tho approved by twenty-one out of twenty-five members the 467 364 has been in the 895. 565. for a month and whether it can be resumed & 835 depends on the uncertainty of 160 or 343 coming on. Vanity & ambition [?] seem to be the 398 ing passion of this 312 730. man and as his 898 are in 818. re as also are his mean intrigue is a principal one on 820 47 as party attachment is in the able his 6 now about one 760 of the time of Congress to himself & in conversations with Read, 651, 746, 776. 14. 364. inconceivable that 823. the 794 is col 66 & no otherwise of Ken[tucky?] than as by his vote 24 can divide his state.

The more I reflected on your proposition for printing the Revisal, the more I have liked it. I am convinced too from late experiments it cannot be passed in the detail. One of the Eastern States had their laws revised and then attempted to pass them through their legislature, but they got so mangled that all consistence was destroyed, & I believe they dropped them altogether. Should this be printed, I will ask you to send me half a dozen copies wherever I shall be.

Would it not be well for Virginia to empower persons privately to buy up her quota of old Continental Money. I would certainly advise this were I not afraid that the possession of her quota on such easy terms would tempt her to refuse justice to the other states on this matter. For surely there would be no justice in wiping off her part of this debt by so much smaller a contribution than the others. If she would avail herself of it only to shield herself against injustice and to enable her from a high ground to declare & do what is right, I should much wish to see her adopt secret measures for the purchase. I think some other states will do thus & fear with unjust views. You know that many gentlemen of this state had money in the hands of merchants in England. I am well informed that these merchants have uniformly refused to pay them interest, saying the money was always ready if they would have called for it. This adds another to the many good reasons we had before against paying interest during the war. * * *

Congress hope to adjourn by the last of May. The estimate and requisitions for the year, the arrangements for the land office, and foreign treaties, are subjects they will endeavor to complete. Vermont is pressed on them by New York, and a day declared beyond which they will await no interposition, but assert their right of government. The Chevalier Luzerne has taken his leave of us. He makes a tour to the lakes before he leaves the continent. Marbois acts as chargé des affaires till the arrival of a successor. * * *

April 30. A London ship is arrived here which left that port the 25th March. Pitt was still in place, supported by the King, lords, and nation in general, the city of London enthusiastically in his favor. Still there was a majority of twelve in favor of Fox, who was supported by the Prince of Wales. It was thought that parliament would be dissolved. Congress has determined to adjourn on the 3d June to meet in November at Trenton. Adieu.

REPORT ON MERCER1

[April 27, 1784.]

The commee &^c. having agreed to the following resolution.

Resolved that the Superintendant of finance be directed to take order for the paiment of 333⅓ Dollars to the guardian of Hugh Mercer son of the late General Mercer for one year’s education & maintenance.

DRAFT OF “AN ORDINANCE ESTABLISHING A LAND OFFICE FOR THE UNITED STATES”2

c. c.

[April 30, 1784.]

Be it ordained by the United States in Congress assembled, that the territory ceded by individual States to the United States, when the same shall have been purchased of the Indian inhabitants, & laid off into States, shall be disposed of in the following manner. It shall be divided into Hundreds of ten geographical miles square, each mile containing 6086 feet and four tenths of a foot, by lines to be run & marked due North & South, & others crossing these at right angles, the first of which lines, each way, shall be at ten miles distance from one of the corners, of the State within which they shall be. But if the Indian purchase shall not have included any one of the corners of the state, the lines shall then be run at the termination of integral miles as measured from some one of the corners, but shall be extended, by actual marks, only so far as the purchase extends. These Hundreds shall be subdivided into lots of one mile square each, or 850 acres and four tenths of an acre by marked lines running in like manner due North & South and others crossing these at right angles.

For laying off the said territory, Surveyors shall be appointed by Congress, or the Committee of the States, who shall proceed forthwith, under the direction of the Register hereafter to be mentioned, to divide the same into hundreds, by lines in the directions, & at the intervals before mentioned, which lines shall be measured with a chain, shall be plainly marked by Chops, or marks on the trees & shall be exactly described on the plat, whereon shall be noted at their proper distances, all watercourses, mountains & other remarkeable & permanent things over or near which such lines shall pass.

The Hundreds being laid off and marked, nine of them shall be assigned as a district to each surveyor, who shall then proceed to divide each Hundred of his district into lots as before directed, beginning with the Hundreds most in demand, and measuring, marking & platting the said dividing lines thereof in the manner before directed for the Hundreds, save only that the lines of the lots shall be distinguished by a single mark on each tree, and those of the hundreds by three marks. And that the sd lots may be capable of more accurate description and distinction from each other, those in every Hundred shall be designated by the numbers in their order from 1. to 100, beginning at the Northwestern lot of the Hundred & applying the numbers from 1 to 10. to the lots of the first row from West to East successively, those from 11 to 20, to the lots of the second row from West to East & so on. The surveyors shall pay due & constant attention to the variation of the magnetic meridian, & shall run & note all lines by the true meridian, certifying with every plat what was the variation at the time of running the lines thereon noted.

A Register shall be appointed by Congress for each of the states within which the said territory shall lie, who shall keep his office within the said state, be resident at it himself & provide a seal for authenticating it’s acts, to him returns shall be made by the several surveyors on the last days of March & August in every year, of the plats of all lines, measured & marked by them in the preceeding half year, to be by him collated, and reduced into a general map of the whole state for which he acts. He shall annually, to wit, on the first Monday in November of every year, deliver, or cause to be delivered to the Secretary of Congress, a copy of such portions of the said general map as shall have been formed, or further filled up, during the preceeding year, retaining one in his own office for the use thereof. He shall have power to suspend any surveyor for negligence or malversation, making report thereof to Congress, or a Committee of the states, that they may direct a proper enquiry.

Each Register shall cause to be printed under such devices, difficult of imitation, as he shall think best, warrants, each of which shall give right to one lot of a mile square described as before directed: and other warrants for each of the said states which shall give right, each of them, to one of the Hundreds of ten mile square as before described. These warrants shall have blanks for names & dates, shall be numbered and signed by the Register, sealed with the seal of his office & shall be cut with indentures from a book, the margin of which shall be numbered in correspondence with the warrant cut therefrom, & which shall be preserved in the office as a further check. The sd warrants shall be deposited in the Treasury of the United States, and the Treasurer thereon debited with them, from thence they shall be sent in such numbers as the Register issuing them shall direct, to the Commissioner of the loan office for the United States in each of the states with in the Union, the Treasurer countersigning them on parting therewith & having a credit duly entered in his own account with the United States, & a debit against the loan officer to whom they are sent.

Any person, chusing to become a purchaser of lands within the said territory & paying to the Treasurer or loan officer, the sum of dollars, shall receive in lieu thereof one of the sd smaller warrants entitling him to a lot, on paying dollars, shall receive in lieu thereof one of the said larger warrants entitling him to a whole Hundred within the State from which the warrant issued; the Treasurer or loan officer inserting the name of the purchaser in the proper blank, filling up the date, & attesting the warrant by his own subscription. Loan Office certificates, reduced to their specie value by the scale of depreciation on certificates of liquidated debts of the United States, shall be receivable for the sd. warrants in lieu of money; and evidences of military rights to lands herein after to be described, shall be receivable instead of the price itself of so much land.

These warrants shall pass by descent or decree as real property.

These warrants shall pass as lands, by descent or devise, but not by assignment nor by survivorship.

The owner of any warrant proceeding to locate the same, shall deliver it to the Surveyor of the district, wherein his location is to be, describing to him the particular lot on which he places it, or the Hundred, if it be a warrant for a hundred, by a designation of some point, either natural or artificial, within the said lot or Hundred, so singular & certain as may be adapted to no other lot or Hundred or by reference to the position of the Hundred, or number of the lot, which description the surveyor shall immediately enter in a book well bound, with the date of the entry describing the warrant located thereon by its number, date, signatures & name of the original owner and leaving no blank space or leaf between that & the preceeding entry, nor any margin by its side. If the location be made before the lot or hundred be yet laid off by lines actually new & marked, the Surveyor shall retain the warrant in his hands until the Hundred, if it be for a Hundred, or until all the lots of the Hundred, if it be for a lot, shall be actually laid off by marked lines: and then, or at the time of the entry, if the lines were marked before the entry was made, having satisfied himself by proper evidence or by his own inspection & examination, on what particular lot, or on what Hundred the location is, and that there has been no previous location on the same he shall give to the party a certificate, describing the lot or Hundred so specially as that it may be known from all others, by particular marks or circumstances, natural or artificial by stating the order or position of the Hundred relatively to the boundaries of the State, and specifying the lot by it’s number: with which certificate he shall return the warrant also to the party. These being delivered to the Register, & the warrant examined, & found genuine by him, he shall give a receipt for the same, and in due time proceed to execute a grant of the land in the following form. “A. B. register of the land office of the United States within the State of — to all to whom these presents shall come, greeting. Know ye that for good consideration there is granted by the United States of America unto C. D. a certain lot [or Hundred of land as the case shall be, describing it from the certificate] within the said State of — to have & to hold the said lot, [or Hundred] of land, with its appurtenances, to him the sd C. D. & his heirs for ever. In witness whereof the sd A. B. register of the land office of the sd State hath hereunto set his hand, and caused the seal of this office to be affixed, this — day of — in the year — and of the independance of the United States the — which grant shall be entered of record, at full length, in good, well bound, books to be provided for that purpose, at the expense of the United States, & kept by the Register, and being so entered, shall be certified to have been registered, & then be delivered to the party or his order. Different lots adjoining side by side within the same Hundred, may be included & passed by the same grant; but separate lots & lots in different Hundreds, as also different Hundreds, shall be passed by different grants, no fractions of a lot shall be granted, unless where such fractions are occasioned by the boundary of the State, or of the Indian conveyance, until a temporary Government shall be established in any State according to the resolutions of Congress of April — 1784. The lands therein shall pass, in descent & dower according to the customs known in the common law by the name of Gavelkind; and shall be transferrable by deed or will proved by two witnesses, but so soon as a temporary Government shall be so established they shall become subject to the laws of the State, & shall never after, in any case, revert to the United States. Where a grant shall be made out to the heir or devisee of the person in whose name the warrant was originally issued, he shall be named in the sd grant as heir or devisee.

For preventing hasty, & surreptitious titles, the Register shall execute no grant for lands until the warrant & certificate delivered him for the same shall have remained in his office months, at any time within which period any person, claiming the same lands under a prior location, shall be at liberty, to enter a caveat, with the Register, against the execution of any grant to the other, setting forth in the entry a copy of the location under which himself claims. The Register shall thereupon issue a Summons, reciting the entry made with him & calling the defendant to appear at a certain time & place, in defence of his right, which Summons being served, & the parties appearing he shall refer the decision to three arbitrators to be chosen by them, or if they cannot agree, then to three intelligent honest & indifferent persons to be named by himself; which arbitrators being first sworn to do justice between the parties according to the best of their knowledge and abilities by the Register who is hereby authorized to administer such oath, shall proceed thereon, at such times & places, as they shall appoint, giving notice thereof to the parties, & their award being rendered, the Register shall execute a grant to the plaintiff or defendant, conformably therewith. The party whose location is annulled shall be authorized to receive again his warrant, & to locate it on other lands. If the defendant, being summoned, or the plaintiff, fails to appear by himself or another before the Register on the day appointed the Register may give a further day, or in his descretion may proceed on the evidence before him to execute a grant to the party having the right. If the defendant fails to appear, & there be no sufficient proof that the Summons has been served, the Register shall issue a new Summons, unless it shall be proved that he hath been sought at the usual place of his dwelling & hath not been found in which case the Summons shall be advertised three times in some gazette of the State wherein he then resides or last was known to reside giving a new day of appearance, which shall not be within less than months after the date of the last third publication, and on his failing to appear at that day, the Register shall proceed to decision. But in case of a decision against the defendant, where there was no actual service of the Summons, he shall be allowed at any time, within one year after such decision a rehearing before arbitrators to be appointed & qualified as directed in the case of an appearance. But on such rehearing the mere right alone shall be tried.

The Register together with the map before directed to be delivered annually to the Secretary of Congress, shall report a Calendar of all grants executed by him, stating in different columns thereof the date, grantee, quantity, how much of that was for military service, the Hundred, & Lot. The monies arising from the sale of warrants shall be applied to the sinking such part of the principal of the National debt as Congress shall from time to time direct & to no other purpose whatsoever.

The Register, before he enters on the duties of his office, shall give such bond & security for the faithful discharge thereof as Congress, or the Committee of the states, shall approve, and shall be entitled to receive, for the execution of every grant, dollar, for every Lot the same shall contain or dollars if it be for a whole Hundred; which shall be paid at the time he receives the warrant & certificate, & shall be deemed satisfaction for all the services & expenses of his office, except the purchase of books for registering grants & of the seal of his office.

Every Surveyor shall also, before he enters on the duties of his office give such bond and security for the faithful discharge thereof as Congress, or the Committee of the states shall approve & shall be entitled to receive for every Lot located with him dollars and dollars for a whole Hundred which shall be paid at the time of location, & shall be deemed satisfaction for all the services & expences of his office. But where he shall have admitted more location than one on the same land he shall restore the fees received from the party whose location shall be set aside.

A surveyor desiring to locate lands for himself shall make such location with the Register.

And whereas Congress by their resolutions of Sep. 16. 1776 & Aug. 12, 1780 stipulated grants of land to the officers & souldiers who should engage the service of the United States, and continue therein to the close of the war or until discharged by Congress & to the representatives of such officers & souldiers as should be slain by the enemy, in the following proportions, to wit, to a Major General 1100 acres, to a Brigedier 850, to a Colonel 500, to a L^t. Colonel 450, to a Major 400, to a Captain 300, to a Lieutenant 200, to an Ensign 150, & to a noncommissioned officer or souldier 100. For complying therefore with such stipulation, & for ascertaining the evidence of rights accruing under the same which shall be receivable instead of money, it is ordained that the evidence to be required from commissioned officers shall be a certificate from the War office of their rank and continuance in service to the end of the war & from non commissioned officers & souldiers a certificate from the captain of their Company, countersigned by the officer who commanded commanding officer of their regiment at the time of their discharge, that they were enlisted into the service of the United States, during the war, & continued therein to the close of it to wit, to the day of 1783 & from the representatives of such officers & souldiers as were slain by the enemy, a certificate, from the same authority of the rank, or term of enlistment of the deceased, & that he was slain by the enemy, together with satisfactory affidavits that they are his representatives: which evidences shall be receivable by the treasurer Loan officer of the United States in the state to the line of which he belonged, or by the Treasurer if he belonged to the line of no state: and on the warrant issued shall be an endorsement signed by the Treasurer or Loan officer declaring the proportion thereof which was satisfied by military service; and in the same proportion shall all fees be abated to which that warrant would otherwise be subject. The proceedings on it in all other respects shall be the same as on a warrant issued wholly for money.

Saving and conforming always to all Officers & souldiers entitled to lands on the Northern side of the Ohio, by donation or bounty from the commonwealth of Virginia & to all persons claiming under them all rights to which they are so entitled by the laws of the said state & the acts of Congress accepting the cession of Western territory from the sd state.

TO THE GOVERNOR OF VIRGINIA (BENJAMIN HARRISON)

v. s. a.

Annapolis Apr. 30: 1784

Sir,

—I do myself the honor of inclosing you an act of Congress on the subject of Western territory as passed a few days ago. The Ordinance for opening the land office so soon as our purchases are made from the Indians is not yet passed. I also inclose a copy of the estimate & requisitions of the year as they passed Congress. This however you will shortly receive from the President officially. Congress have determined that they will adjourn on the 3^d. of June to meet at Trenton in November. Virginia, Maryland & Pennsylvania gave each certain powers to Congress to enable them to counteract the British commercial measures. But these powers were all different. A recommendation is therefore now under consideration proposing to the states to give a uniform power for a given term of years which may enable Congress to make it the interest of every nation to enter into equal treaties with us. This I think will be ready by the next post. The Cheval^r. Luzerne has notafied his leave to return home & that Mons^r. de Marbois will act as chargé des affaires till a successor arrives. We begin to hope that the bills of the financier threatened with protest have been taken up. The ground of our hope is the length of time elapsed without hearing of their ultimate protest. A vessel arrived here two days ago which left London the 25^th. of March. She brings papers to the 20^th. Pitt was still in place, supported by the king, H. of Lords, the city of London, E. India Company & the nation in general, who were sending addresses from all parts of the Crown in his favor. The Grocers Company having presented him with the freedom of their body & given him an entertainment, the city was illuminated, and the windows of the opposition who would not illuminate were broken. Still the opposition returned a majority of 12 in the H. of Commons who kept all the wheels of government suspended. It was in Mr. Pitt’s power to secure himself at any time by admitting a coalition but this would seem to shift him on the very ground which had shaken his adversaries. It was believed that parliament would be dissolved. They had continued the king’s power over our commerce six months longer.

TO HORATIO GATES1

Annapolis, May 7th, 1784.

Dear General,

—I received by the last post your favor of the 27th Ult. and am obliged for the communication therein. The ferment on the subject of your society seems just becoming general. They write us from Virginia that it works high there, and that the division is precisely into civil and military. We will not presume to send foreign news from Annapolis to Philadelphia. Congress expects to adjourn on the 3d of June. They have passed the estimate and requisitions for the year, and some recommendations to the states to vest Congress with such much power over their commerce as will enable them to retaliate on any nation who may wish to grasp it on unequal terms; and to enable them if it should be found expedient to pass something like the British navigation act. You say [sic] in the public papers a report of a committee, erroneously said to be an act of Congress, for dividing the Western country into new states. That report was recommitted, the paragraphs of names struck off, the principles of government somewhat varied & the act then passed. Foreign treaties of commerce occupy us at present. I am not yet fixed as to the time of my coming to Philadelphia, tho’ think it will not be long [after the] first.

REPORT ON CONTINENTAL BILLS OF CREDIT1

[May 7, 1784.]

The Grand Committee. To whom was referred a Letter of the Governor of Massachusetts of the 28^th. of October 1783 relative to the Continental Bills of Credit of the old Emissions, submit the following.

Resolved.

That all sums of Continental bills of credit paid by or to any State on account of the United States shall be credited or debited in account according to the specie value of such bills at the time of paiment, as settled by the legislature of the same state in their table of depreciation formed for the use of their state: and where none such has been formed, an average shall be taken from those of the states adjoining wherein such tables have been formed, on which paiments an interest shall be allowed at the rate of 6 per centum per annum from the time of paiment.

That all such bills now in the Treasury of any state shall be credited to such state at the value they bore in specie at the time they were received by the state, which value shall be settled by a table of depreciation as directed in the preceding resolution for all the period of time comprehended in such depreciation table and if the sd bills were received after the last day to which such table descends they shall then be credited at the rate at which they were actually purchased or received, or if not purchased or received at any particular rate, then at the market value of such bills within the state at the time, to be estimated on the best evidence which may be obtained, on which sums also a like interest of 6 per cent per annum from the time of receipt shall be allowed, and the affidavit of the Treasurer receiving the sd bills shall be evidence of the time and rate at which they were received.

That all such bills now in the hands of individuals shall be redeemed at the same rates prescribed for those in the Treasury of their state. That the holders of such bills shall be at liberty to carry them to the loan officer of the U. S. within their state who shall give them in exchange for the same a certificate expressing the sum in specie which the U. S. owe in lieu thereof & the time from which it bears interest, which time shall be the 1^st. day of April 1781, where the sd bills were received before that day, & when received afterwards the time of their actual receipt. The loan officer shall require from the holder the best evidence of the time of his receiving them which the nature of the case will admit, viz. that of circumstances & disinterested persons where to be had, and where not to be had to his satisfaction, then resorting to the examination of the party himself on oath, & giving thereto so much credit as in his conscience he shall think it deserves: and in all cases of importance & difficulty shall associate to himself two honest & able persons to assist him in the examination & judgment. These certificates shall be funded & paid as the other debts of the U. S., but no certificate shall be issued for a less sum than twenty specie dollars.

That the Superintendent of finance direct the form & mode of issuing the aforesd certificates, & take order for destroying the Continental bills of credit brought in.

Passed in Commee May. 7. 1784.

TO THE GOVERNOR OF VIRGINIA (BENJAMIN HARRISON)

v. s. a.

Annapolis May 7, 1784

Sir,

—The duty of correspondence for the Month being devolved on me, and no authentic intelligence from abroad having been received, I have it in my power to communicate to you only what we get through the channel of the public papers. The inclosed will present to you some of the late debates of the H. of Commons, their address to the king & his answers. These seem to exclude the prospect of accomodation. In my last I inclosed you a copy of the estimate & requisitions for the year, and the act for the division of the Western territories as they had ultimately passed Congress, since that, the resolutions have been passed which have been forwarded to you by the President recommending to the legislatures to invest Congress with certain powers in some cases of commerce. The principles on which treaties of commerce are to be formed with foreign powers, occupy the attention of Congress at this time. These will then remain for discussion before their adjournment. 1. The opening of their land office. 2. Indian affairs. 3. The Western posts. 4. A proposed arrangement of the treasury on the resignation of Mr. Morris is expected. & 5. A definition of the powers of the Committee of the states.

In your favour of the 23^d. of Apr. you ask at what rate the Loan-office debt is to be discharged? The resolutions of June 28. 1780 which fix the rate of depreciation, declare that the principal of the loans shall be discharged in Spanish dollars according to those rates.

We have had information of the adoption of the impost by every state except Georgia, N. Carolina, New York, Connecticut & Rhode Island. From the three first there is no reason to apprehend any opposition. Connecticut declares itself opposed unless the Commutation can be separated from it. The firmness of Congress on this head will exclude her from every hope of that, and I am informed it is probable she will yield that point & adopt the measure. I have frequently heard the gentleman of Rhode island, to whom the opposition of that state has been generally imputed, declare that Rhode island would never come into the measure of the impost as long as any other state would hold off. That if every other acceded however, she would not solely oppose the will of the whole union, but in that case would yield. The probability is therefore that the measure will get through all the legislatures in the course of this summer.

TO THE GOVERNOR OF VIRGINIA (BENJAMIN HARRISON)

v. s. a.

Annapolis, May 7, 1784

Sir,

—Since my letter of this morning the post has arrived and brought us a letter from Dr Franklin of Mar. 9. He had received a letter from Congress informing him of the reasons of delaying our ratification. He apprehends no difficulty from this circumstance, & the rather as he had received a letter from Mr Hartley dated Mar. 2. (the day before the exchange should have taken place) desiring him he would inform him when the American ratification should arrive, & he would then apply for the British & attend the exchange. Letters this moment received from Holland inform us that the protested bills will be taken up: but by pushing a plan of loan on terms most ruinous and disgraceful: yet less so than nonpaiment would have been. This shows the necessity of doing something effectual in the business of supplies.

P. S. Mr Hardy desires me to present his compliments and to inform you that the want of anything material to be added to the intelligence I have communicated prevents him troubling you with a letter.

INSTRUCTIONS TO THE MINISTERS PLENIPOTENTIARY APPOINTED TO NEGOTIATE TREATIES OF COMMERCE WITH THE EUROPEAN NATIONS1

May 7, 1784.

Whereas, instructions bearing date the 29th day of October, 1783, were sent to the Ministers Plenipotentiary of the United States of America at the Court of Versailles, empowered to negotiate a peace, or to any one or more of them, for concerting drafts or propositions for treaties of amity and commerce with the commercial powers of Europe:

Resolved, That it will be advantageous to these United States to conclude such treaties with Russia, the Court of Vienna, Prussia, Denmark, Saxony, Hamburg, Great Britain, Spain, Portugal, Genoa, Tuscany, Rome, Naples, Venice, Sardinia, and the Ottoman Porte.

Resolved, That in the formation of these treaties the following points be carefully stipulated:

1st. That each party shall have a right to carry their own produce, manufactures, and merchandise, in their own bottoms to the ports of the other, and thence the produce and merchandise of the other, paying, in both cases, such duties only as are paid by the most favored nation, freely, where it is freely granted to such nation, or paying the compensation where such nation does the same.

2. That with the nations holding territorial possessions in America, a direct and similar intercourse be admitted between the United States and such possessions; or if this cannot be obtained, then a direct and similar intercourse between the United States and certain free ports within such possessions; that if this neither can be obtained, permission be stipulated to bring from such possessions, in their own bottoms, the produce and merchandise thereof to their States directly; and for these States to carry in their own bottoms their produce and merchandise to such possessions directly.

3. That these United States be considered in all such treaties, and in every case arising under them, as one nation, upon the principles of the federal constitution.

4. That it be proposed, though not indispensably required, that if war should hereafter arise between the two contracting parties, the merchants of either country, then residing in the other, shall be allowed to remain nine months to collect their debts and settle their affairs, and may depart freely, carrying off all their effects, without molestation or hinderance, and all fishermen, all cultivators of the earth, and all artisans or manufacturers, unarmed and inhabiting unfortified towns, villages or places, who labor for the common subsistence and benefit of mankind, and peaceably following their respective employments, shall be allowed to continue the same, and shall not be molested by the armed force of the enemy, in whose power, by the events of war, they may happen to fall; but if anything is necessary to be taken from them, for the use of such armed force, the same shall be paid for at a reasonable price; and all merchants and traders, exchanging the products of different places, and thereby rendering the necessaries, conveniences, and comforts of human life more easy to obtain and more general, shall be allowed to pass free and unmolested; and neither of the contracting powers shall grant or issue any commission to any private armed vessels empowering them to take or destroy such trading ships, or interrupt such commerce.

5. And in case either of the contracting parties shall happen to be engaged in war with any other nation, it be further agreed, in order to prevent all the difficulties and misunderstandings that usually arise respecting the merchandise heretofore called contraband, such as arms, ammunition and military stores of all kinds, that no such articles, carrying by the ships or subjects of one of the parties to the enemies of the other, shall, on any account, be deemed contraband, so as to induce confiscation, and a loss of property to individuals. Nevertheless, it shall be lawful to stop such ships and detain them for such length of time as the captors may think necessary, to prevent the inconvenience or damage that might ensue, from their proceeding on their voyage, paying, however, a reasonable compensation for the loss such arrest shall occasion to the proprietors; and it shall be further allowed to use in the service of the captors, the whole or any part of the military stores so detained, paying the owners the full value of the same, to be ascertained by the current price at the place of its destination. But if the other contracting party will not consent to discontinue the confiscation of contraband goods, then that it be stipulated, that if the master of the vessel stopped, will deliver out the goods charged to be contraband, he shall be admitted to do it, and the vessel shall not in that case be carried into any port; but shall be allowed to proceed on her voyage.

6. That in the same case, when either of the contracting parties shall happen to be engaged in war with any other power, all goods, not contraband, belonging to the subjects of that other power, and shipped in the bottoms of the party hereto, who is not engaged in the war, shall be entirely free. And that to ascertain what shall constitute the blockade of any place or port, it shall be understood to be in such predicament, when the assailing power shall have taken such a station as to expose to imminent danger any ship or ships, that would attempt to sail in or out of the said port; and that no vessel of the party, who is not engaged in the said war, shall be stopped without a material and well-grounded cause; and in such cases justice shall be done, and an indemnification given, without loss of time to the persons aggrieved, and thus stopped without sufficient cause.

7. That no right be stipulated for aliens to hold real property within these States, this being utterly inadmissible by their several laws and policy; but when on the death of any person holding real estate within the territories of one of the contracting parties, such real estate would by their laws descend on a subject or citizen of the other, were he not disqualified by alienage, then he shall be allowed reasonable time to dispose of the same, and withdraw the proceeds without molestation.

8. That such treaties be made for a term not exceeding ten years from the exchange of ratification.

9. That these instructions be considered as supplementary to those of October 29th, 1783; and not as revoking, except when they contradict them. That where in treaty with a particular nation they can procure particular advantages, to the specification of which we have been unable to descend, our object in these instructions having been to form outlines only and general principles of treaty with many nations, it is our expectation they will procure them, though not pointed out in these instructions; and where they may be able to form treaties on principles which, in their judgment, will be more beneficial to the United States than those herein directed to be made their basis, they are permitted to adopt such principles. That as to the duration of treaties, though we have proposed to restrain them to the term of ten years, yet they are at liberty to extend the same as far as fifteen years with any nation which may pertinaciously insist thereon. And that it will be agreeable to us to have supplementary treaties with France, the United Netherlands and Sweden, which may bring the treaties we have entered into with them as nearly as may be to the principles of those now directed; but that this be not pressed, if the proposal should be found disagreeable.

Resolved, That the treaties of amity, or of amity and commerce, be entered into with Morocco, and the Regencies of Algiers, Tunis and Tripoli, to continue for the same term of ten years, or for a term as much longer as can be procured.

That our Ministers, to be commissioned for treating with foreign nations, make known to the Emperor of Morocco the great satisfaction which Congress feel from the amicable disposition he has shown towards these States, and his readiness to enter into alliance with them. That the occupations of the war, and distance to our situation have prevented our meeting his friendship so early as we wished. But the powers are now delegated to them for entering into treaty with him, in the execution of which they are ready to proceed, and that as to the expenses of his Minister, they do therein what is for the honor and interest of the United States.

Resolved, That a commission be issued to Mr. J. Adams, Mr. B. Franklin, and Mr. T. Jefferson, giving powers to them, or the greater part of them, to make and receive propositions for such treaties of amity and commerce, and to negotiate and sign the same, transmitting them to Congress for their final ratification; and that such commission be in force for a term not exceeding two years.

TO JAMES MONROE

mon. mss.

Philadelphia May. 21, 1784.

Dear Sir,

—Your favor of the 14th came duly to hand. It enabled me to give to Col Humphries the first intimation of his appointment and to see that he received real pleasure from it. He was before unknown to me; but our future connection in business has occasioned me to inquire into his character with which I am much pleased. We have taken arrangements for passing the Atlantic together. Short is not yet arrived. But had he not been coming, the servant whom I ordered to join me here would have been with me before now. I wait for time & for our commissions & instructions. The moment these arrive I shall set out for Boston, where a passage will be provided.—Is there a commission for an additional treaty with France? The instructions made this necessary, and without it we shall be at Paris but private citizens, unprotected by the laws of nations, and liable to the jurisdiction of the country. A very disagreeable affair has happened here which will give you trouble probably both on this & the other side the water. It is an assault by a very worthless Frenchman on Mr Marbois, for refusing to give the attestations of the consulate to some falsehoods which he wished to establish. I mean to make myself acquainted with the affair & will write you particularly on it before I leave this place. Genl. Knox went on from hence two days ago to receive the orders of Congress as to the western posts. The mouth of the Illinois is the interesting post for Virginia, because it will open a trade up the Missouri & Missisippi. The spot there is advantageous for defence according to Hutchins’ pamphlet, & Genl. Washington’s letter on the peace establishment. Michillimacinac is very important for the United States in general: it is interesting to Virginia on the expectation that she may open the navigation from lake Erie to Patowmac. Detroit is a place of Consequence, but so strongly settled that I doubt whether any force need be kept there. The N. Yorkers will wish a force at Niagara or Oswego. I should yield to them as far as necessity requires; but the further north that post is the better for Virginia, were it even pushed to the intersection of the Cataraqui with the 45^th degree. It might then leave a possibility of drawing the six nations to F.Pitt. Mr Thomson’s counsel on this subject will probably be useful, the interests of Pennsylva & Virginia being united as to all these posts. We shall not begin to scramble for the trade till we have brought it to F. Pitt. To the Southward it would be our interest to have an agency kept up with the Overhill Cherokees, & Martin the agent. If S. Carola & Georgia would then be contented with one other agency, & could agree on it’s situation it would be well. I had thought of the head of Mobile river because there is a very short portage from there to the waters of the Tenissee which would give us access to it, but Mr Reid thought it too distant from the inhabited country. I am to thank you for your care of my baggage which is come safely to hand. Mr Hopkinson had sent on under cover to me a draught from mr Morris for 233⅓ Dollars for me, and for the amount of mr Hardy’s bill. My part was intended for mr Jenifer. I hope you will have been so good as to dispose of both parts according to their destination. Boirod & Gaillard had also forwarded by the stage some of the books you desired. I have not yet received their bill & will transmit it to you as soon as received. The stage having ceased to pass between Baltimore & Annapolis, possibly these books may remain at the former place. I believe there is sometimes too a stoppage at Susquehanna by a change of interest in the proprietors of the stage. Should this have happened, your enquiries must come that far.—I have had the pleasure of seeing three balons here. The largest was of 8.f. diameter & ascended about 300 feet. I shall write to you again from this place & afterwards in the course of my Northern progress. I shall be obliged to you to continue your letters as long as they can reach Boston by the 15^th of June. A particular detail of Congressional proceedings, and of the communications from or concerning your foreign ministers will be most acceptable. Hopkinson tells me he had mentioned in his letter to me that the office of Director or master of the mint would be acceptable. He was therefore uneasy when I told him that I had left a request with a friend to open my letters. But I satisfied him perfectly on that head, and that you would render him any service which the duties of your situation would permit. He is a man of genius, gentility & great merit, & at the same time poor & the father of a numerous family. He holds a little office here, more respectable than profitable, for he can but barely live. He is as capable of the office as any man I know & the appointment would give general pleasure, because he is generally esteemed.—Messrs. Boirod & Gaillard will be glad to receive the Prospectus of the Encyclopedia. Foreseeing that if I turn over the leaf I shall plague you with another page full I will here bid you adieu.

TO CHARLES THOMSON1

Philadela, May 21, 1784.

Dear Sir,

—I received your favor of the 16th last night. I was out when it was delivered, so knew not how it came, a circumstance no otherwise important than as I am at a loss how or where to inquire for the packet which should have accompanied it, containing the Commissions, Instructions, etc. I shall immediately, however, make the enquiry. I am obliged to you for the order for the journal. I shall make use of it to procure those of 1779–1783, and part of 1784 which my set wants. My matter in the printing way is dropped. Aitken had formerly told me he would print it for £4 a sheet. He now asks £5 10s., which raises the price from £48 to £66; but what was a more effectual and inseparable bar was that he could not complete it under three weeks, a time I could not wait for it. Dunlap happened to be out of town, so I relinquished the plan. Perhaps I may have a few copies struck off in Paris if there be an English Printer. If I do you shall assuredly have one. I shall take the liberty of adding some of your notes—those which were mendatory merely will have their effect on the body of the work. I left all the papers belonging to the Grand Committee in the hands of Mr. Blanchard. Among these were the papers relating to Vermont. My reason for not delivering them to you as I did the others was, that the Committee was to sit that morning. There are vessels arrived here which left London as late as the 14 of April. Nothing important, however, has yet been communicated from them. The principal interesting occurrence here is a very daring insult committed on Mr. Marbois by a Frenchman, who calls himself the Cheval. De Longchamps, but it is in fact, the nephew of the Minister’s Steward’s wife. He obliged him in his own defence to box in the street like a porter. He is demanded by the Minister to be delivered up by the Executive here to be sent to France for punishment. They are plodding over the case. Whether he be a citizen of America or not is not yet decided. I shall endeavor to make myself acquainted with the facts because it will probably be the cause of something disagreeable here, and perhaps on the other side of the water. I think there is a desire in the Executive to give every satisfaction they can, but whether it is in the syllables and letters of the Law that a Frenchman committing an outrage may be delivered up to his master for punishment is matter of dubiety. You will hear enough of it, as it comes to Congress, of course; so I will add no more than my respectful compliments to Mrs Thomson and assurances to yourself that I am, with much esteem, Dr Sir, your friend and servant.

P. S. I find your Letter came by post, but no packet with it. The arrival of so late a vessel is now contradicted.

TO JAMES MADISON

mad. mss.

Philadelphia, May 25, 1784.

Dear Sir,

—* * * I could not get my notes printed here & therefore refer it till I shall cross the water when I will have a few copies struck off and send you one—The assembly of N. York have made Payne, the author of Common sense a present of a farm. Could you prevail on our assembly to do something for him. I think their quota of what ought to be given him would be 2000 guineas, or an inheritance with 100 guineas a year. It would be peculiarly magnanimous in them to do it; because it would shew that no particular & smaller passion has suppressed the grateful impressions which his services have made on our minds. * * * I am obliged to put a period here to my letter being desired to assist in a consultation on a very disagreeable affair. A Frenchman of obscure & worthless character having applied to Mr. Marbois to give him the Consular attestations to a falsehood and being refused, attacked him in the streets a day or two after and beat him much with his cane. The minister has taken up this daring insult & violation of the law of nations in the person of the Secretary to their embassy & demands him to be given up (being a subject of France) to be sent there for punishment. I doubt whether the laws of this state have provided either to punish him sufficiently here, or to surrender him to be punished by his own sovereign; and the —1 of this state is so indecisive that no defects of law will be supplied by any confidence of his in the justification of his assembly when they shall meet. They have not yet declared what they can or will do & the scoundrel is going at large on bail, sending anonymous letters to the minister & Marbois with threats of assassination &c if the prosecution be not discontinued. The affair is represented to Congress who will have the will but not the power to interpose. It will probably go next to France & bring on serious consequences. For god’s sake while this instance of the necessity of providing for the enforcement of the law of nations is fresh on men’s minds, introduce a bill which shall be effectual & satisfactory on this subject. Consuls you will always have. Ministers may pass occasionally through our country. Members of Congress must pass through it. Should Congress sit in or near the state, frequent instances of these & public ministers entering the state may occur. I wish you every possible felicity & shall hope to hear from you frequently.

TO BENJAMIN FRANKLIN1

Boston, 19 June, 1784.

Dear Sir,

—Supposing that Congress would communicate to you directly the powers committed to yourself, Mr. Adams and myself, I have delayed from day to day the honor of writing to you, in hopes that every day would open to me a certainty of the time and place at which I might sail. A French packet will leave New York early in the month. By her I mean to take my passage, and may therefore expect, in the ordinary course of things, to have the pleasure of joining you at Paris in the middle or latter part of August, and of communicating the commissions and instructions under which we are to act. The latter are more special than those heretofore sent. I shall then also have the pleasure of giving you more particular information of the situation of our affairs than I could do by letter; in general, I may observe to you that their aspect is encouraging.

Congress, understanding that Mr. Jay was probably on his passage to America, appointed him their Secretary for Foreign affairs. It would give me peculiar pleasure to meet with him before my departure, and to know that he will act in an office with which we shall be so immediately connected. Congress adjourned on the 3rd of June, to meet at Trenton on the first Monday of November, leaving a committee of the States at the helm during their recess.

I have the pleasure to inform you that Mrs. Bache and her family were well when I left Philadelphia, which was about three weeks ago. In hopes of joining you nearly as soon as you will receive this letter, I subscribe myself, with very sincere esteem and regard, dear sir, your most affectionate humble servant.

TO JAMES MADISON

mad. mss.

Boston, July 1, 1784.

Dear Sir,

—After visiting the principal towns through Connecticut, Rhode Island, this state, & New Hampshire in order to acquire what knowledge I could of their commerce and other circumstances I am returned to this place, and shall sail the day after to-morrow in the Ceres bound for London: but my purpose is to get on shore in some boat on the coast of France & proceed directly to Paris. My servant being sent off today, & much on hand to prepare for my voyage I have no time for any particular communications. Indeed there are few I should have to make, unless I were to enter into a detail which would be lengthy, as to the country and people I have visited. The lower house of this state have passed a bill giving Congress the powers over their commerce which they had asked. It had had two readings with the senate, and meets with no opposition. I find the conviction growing strongly that nothing can preserve our confederacy unless the band of union, their common council, be strengthened. * * *

TO THE GOVERNOR OF VIRGINIA1 (BENJAMIN HARRISON)

Paris, Aug. 20, 1784.

Sir,

—A few days after my arrival here Colo. Le Maire, writer of the enclosed letter called & asked me to forward it to you with such explanations as I could give. As to his commission, having lost the original as he therein mentions, he asks an authenticated copy of it, which he thinks will enforce some application he is making to this government. As to lands, I remember the gift of 2000 acres, & think the entry of it will be found in the minutes of the council some time in the summer or autumn of 1779. A letter was written to Colo. Shelby or to Maj Martin, (the Cherokee agent) to locate the warrant on the best lands possible; and I believe it was meant that every expence should be borne by the state so that Le Maire should receive an actual grant clear of all charges & trouble. But of these things the minutes & letters of the Executive will give more certain information; or if these should have been lost, Mr. Blair will probable recollect the circumstances.

TO JAMES MADISON.

mad. mss.

Paris, 11 November, 1784.

I am obliged to you for your information as to the prospects of the present year in our farms. It is a great satisfaction to know it & yet it is a circumstance which few correspondents think worthy of mention. I am also much indebted for your very full observations on the navigation of the Mississippi. I had thought on the subject, & sketched the anatomy of a memorial on it, which will be much aided by your communications.—You mention that my name is used by some speculators in western land jobbing, as if they were acting for me as well as for themselves. About the year 1776 or 1777 I consented to join Mr. Harvey and some others in an application for lands there; which scheme, however, I believe he dropped on the threshold, for I never after heard one syllable on the subject. In 1782 I joined some gentlemen in a project to obtain some lands in the western part of North Carolina. But in the winter of 1782 and 1783, while I was in expectation of going to Europe, and that the title to western lands might possibly come under the discussion of the ministers, I withdrew myself from this company. I am further assured that the members never prosecuted their views. These were the only occasions in which I ever took a single step for the acquisition of western lands, & in these I retracted at the threshold. I can with truth therefore declare to you, & wish you to repeat it on every proper occasion, that no person on earth is authorized to place my name in any adventure for lands on the western waters, that I am not engaged in any but the two before mentioned. I am one of eight children to whom my father left his share in the loyal company, whose interests, however, I never espoused, and they have long since received their quietus. Excepting these, I never was nor am I now interested in one foot of land on earth off the waters of James river.

I shall subjoin the few books I have ventured to buy for you. I have been induced to do it by the combined circumstances of their utility and cheapness. I wish I had a catalogue of the books you would be willing to buy, because they are often to be met on stalls very cheap, and I would get them as occasion should arise. The subscription for the Encyclopædia is still open. Whenever an opportunity offers of sending you what is published of that work (37 vols.) I shall subscribe for you and send it with the other books purchased for you.

Whatever money I may lay out for you here in books, or in anything else which you may desire, may be replaced crown for crown (without bewildering ourselves in the exchange) in Virginia by making payments. * * *

Colonel Le Maire, whom you know, is the bearer of this; he comes to Virginia to obtain the two thousand acres of land given him for his services in procuring us arms, and what else he may be entitled to as having been an officer in our service; above all things, he wishes to obtain the Cincinnatus eagle, because it will procure him here the order of St. Louis, and of course a pension for life of one thousand livres; he is so extremely poor that another friend and myself furnish him money for his whole expenses from here to Virginia. There I am in hopes the hospitality of the country will be a resource for him till he can convert a part of his lands advantageously into money; but as he will want some small matter of money, if it should be convenient for you to furnish him with as much as ten guineas from time to time on my account, I will invest that sum in books or anything else you may want here by way of payment. He is honest and grateful, and you may be assured that no aid that you can give him in the forwarding his claims will be misplaced. * * *

TO JAMES MONROE

mon. mss.

Paris Nov. 11, 1784.

Dear Sir,

—Your journey to the Westward having prevented my writing to you till now that a letter may probably find you at Congress I shall resume the correspondence discontinued since I left Boston. My passage was remarkably short, being only 19 days from land to land, & I suffered little by sickness. Having very thick weather when we approached the coast of Europe, we fell in with no vessel which could take me & put me on the French coast as I had intended. I therefore went ashore at Portsmouth where I was detained three or four days by a fever which had seized my daughter two days before we landed. As soon as she was clear of it I hired a vessel to carry me over to Havre, from whence I came on to this place, thro’ a country than which nothing can be more fertile, better cultivated & more elegantly improved. It was at the time when harvest was beginning, & it is principally a farming country.

I informed you from Boston that before I had received your letters of May 25 & June 1, I had packed up our cypher and therefore could not there make out the passages which were put into cypher. I have tried it here & find that by some unfortunate mistake, probably in the young gentleman who wrote the cypher, it will not explain a single syllable. He has arranged all the numbers in their regular order, and then placed against each the words, syllables &c in alphabetical order. You can judge whether this was the plan of it. The want of the cypher would have restrained me from mentioning some things were I not assured of the fidelity of the bearer hereof Colo. Le Maire.

I am to acknowledge the receipt of your letter of Aug. 9. from New York, but not of the previous one therein mentioned to be sent by Mr. Short, he being not yet come, nor any tidings of him.

The die is thrown here & has turned up war. Doubts whether an accommodation may not yet take place are still entertained by some, but I hold it impossible. Probably the Emperor will encourage negociations during the winter, while no warlike operations may go on, in order to amuse his adversary & lessen their preparations. It is believed the campaign will open on the Scheld. How the other nations of Europe will conduct themselves seems very doubtful. The probability is that France, Prussia, & the Porte will take an active part with the Dutch & Russia with the Germans. It is presumed that England will endeavor to keep out of the scrape. 1. Because she cannot borrow money to take part in it. 2. Because Ireland is likely to give her disturbance. 3. Because her disputes with us are not settled by a full execution of the articles of the treaty, and the hatred of her people towards us has arisen to such a height as to prepare their minds for a recommencement of hostilities should their government find this desirable. Supposing we are not involved in a new contest with Great Britain, this war may possibly renew that disposition in the powers of Europe to treat with us on liberal principles, a disposition which blazed out with enthusiasm on the conclusion of peace, but which had subsided as far below the just level in consequence of the anarchy, & depravation of principle which the British papers have constantly held forth as having taken place among us. I think when it shall become certain that war is to take place, that those nations at least who are engaged in it will be glad to ensure our neutrality & friendly dispositions by a just treaty. Such a one, or none is our business. With England nothing will produce a treaty but an enforcement of the resolutions of Congress proposing that there should be no trade where there is no treaty. The infatuation of that nation seems really preternatural. If anything will open their eyes it will be an application to the avarice of the merchants who are the very people who have opposed the treaty first meditated, and who have excited the spirit of hostility at present prevailing against us. Deaf to every principle of common sense, insensible to the feelings of man, they firmly believe they shall be permitted by us to keep all the carrying trade and that we shall attempt no act of retaliation because they are pleased to think it our interest not to do so. A gentleman immediately from England dined the other day at the same house with an American. They happened to sit next each other at table and spoke on the subject of our commerce. He had the air of a man of credibility. He said that just before his departure from England he had a conversation with Mr. Pitt, in which Mr. Pitt assured him the proclamation of which we complain would be passed into an act at the next session of parliament.—In the despatches we send to Congress you will see a great interval between the Spanish Ambassador’s answer to us & our reply to him. The reason of our keeping back was the hope that in the meantime he would get an answer from his Court which would save us the difficulty of answering him. I have had a hint that they may agree to make New Orleans a free port for our vessels coming down the Missisipi but without permission to us to export our produce thence. All the inadequacies of this to our purpose strike me strongly. Yet I would wish you to sound your acquaintances on this subject & to let me know what they think of it; and whether if nothing more can be obtained this or no treaty, that is to say, this or war would be preferred.—Can nothing be done for young Franklin. He is sensible, discreet, polite, & goodhumored, & fully qualified as a Secretaire d’Ambassade. His grandfather has none annexed to his legation at this Court. He is most sensibly wounded at his grandson’s being superseded. Should this war take place it would certainly be acceptable to Congress to receive regular, early, & authentic intelligence of it’s operations. In this view would it not be worth while to continue the agency of Dumas. His intelligence has all these qualities. He is undoubtedly in the confidence of some one who has a part in the Dutch government, & who seems to allow him to communicate to us.—Before my arrival here Mr. Barclay in consequence of the powers given him by his commission had made an appointment or two of Consuls for some of the ports of this country: particularly of Franks for Marseilles. He is very anxious to be continued in it & is now there in the exercise of his office. If I have been rightly informed his services & sacrifices during the war have had their merit and I should suppose Congress would not supersede him but on good grounds. I promised him that I would communicate his wishes to some of my friends that his pretensions might not be set aside for want of being known.—There is an idea here of removing the packets from L’Orient to Havre. This latter may be considered as the port of Paris itself, because the transportation between them is down the Seine in boats & makes scarcely a greater addition to the price than in transportation from a warehouse to the waterside. Paris is the only place at which all the productions & manufactures of France are brought to a point. Mr. Tracy, who is here from Boston has carefully examined into all their manufactures, and finds them of almost every kind, as good as in England, & cheaper generally. This truth once known, & our ships coming hither for those articles which England thinks she alone can furnish us will advantage us first in opening to us double markets, & secondly in the shock it will communicate across the Channel. L’Orient is convenient in war & therefore should be left as it is, a free port. But conveyances from hence thither are by land, long, precarious, & expensive. I think our merchants will turn their views on Havre.—There is here some Frenchman from Philadelphia (perhaps Perée) who has drawn up a visionary scheme of a settlement of French emigrants, 500 in number on the Ohio. He supposes Congress, flattered by the prospect of such an addition to our numbers, will give them 400,000 acres of land, & permit them to continue French subjects. My opinion has been asked, & I have given it, that Congress will make bargains with nobody, that they will lay down general rules, to which all applicants must conform themselves by applying to the proper offices & not perplexing Congress with their visions: that they are sufficiently assured that the land office will absorb all their certificates of public debt, beyond which they have no object but to provide that the new governments shall admit an easy & firm union with the old; & that therefore I did not think they would encourage a settlement in so large a body of strangers whose language, manners & principles were so heterogeneous to ours.—I shall subscribe for you to the Encyclopedia Methodique. It will be in about 60 vols, & will cost 751 livres equal to 30 English guineas. If you should not chuse to take it, it will be only a sacrifice of the subscription money, which is a guinea & half. The subscription is daily expected to be closed. There is about two fifths of the work now ready to be delivered amounting to about 300 livres.—We have taken some pains to find out the sums which the nations of Europe give to the Barbary States to purchase their peace. They will not tell this: yet from some glimmerings it appears to be very considerable: and I do expect that they would tax us at one, two, or perhaps three hundred thousand dollars a year. Surely our people will not give this. Would it not be better to offer them an equal treaty. If they refuse, why not go to war with them? Spain, Portugal, Naples, France & Venice are now at war with them. Every part of the Mediterranean therefore would offer us friendly ports. We ought to begin a naval power, if we mean to carry on our own commerce. Can we begin it on a more honorable occasion, or with a weaker foe? I am of opinion Paul Jones with half a dozen frigates would totally destroy their Commerce: not by attempting bombardments as the Mediterranean states do wherein they act against the whole Barbary force brought to a point, but by constant cruising & cutting them to pieces by piecemeal.—I must say a word on my own affairs because they are likely to be distressed. All the ministers who came to Europe before me, came at a time when all expences were paid and a sum allowed in addition for their time. Of course they all had their outfit. Afterwards they were put on fixed salaries: but still these were liberal. Congress in the moment of my appointment struck off 500 guineas of the sallary, and made no other provision for the outfit but allowing me to call for two quarters’ salary in advance. The outfit has cost me near a thousand guineas; for which I am in debt, and which, were I to stay here seven years, I could never make good by savings out of my salary: for be assured we are the lowest & most obscure of the whole diplomatic tribe. When I was in Congress I chose never to intermeddle on the subject of salary, first because I was told the eyes of some were turned on me for this office; & secondly because I was really ignorant what might be it’s expences. The latter reason ceases; the former which presents me as an interested person shall still keep me silent with all the world but yourself, to whose secrecy & delicacy I can trust. I live here about as well as we did at Annapolis. I keep a hired carriage & two horses. A riding horse I cannot afford to keep. This still is far below the level. Yet it absorbs the whole allowance, and return when I will to America, I shall be the outfit in debt to Congress. I think I am the first instance in the world where it has not been given. I mention these circumstances to you that if you should think the allowance reasonable and any opportunity should occur while you are in Congress wherein it can be decently obtained, you would be so good as to think of it. I would wish it could be done on some general occasion. The article of houserent in Mr. Adams’ account in Holland and in Dr. Franklin’s here may perhaps afford an occasion of touching on this article as to myself. Mr. A. lived at the Hague in a house belonging to the U. S. The question is whether you will charge him rent. Dr. F. has lived in a house the rent of which (6000 livres per. ann.) has been always charged to the U. S. The question on that is whether you will reject that & make him pay eight or nine years rent. If these articles pass it will of course add houserent to the salaries, which will be some aid but not an adequate one for the ministers in general. When this matter shall be considered the difference which has taken place between them & me as to the article of outfit may perhaps be mentioned & redressed: otherwise, as I have before mentioned, I shall return that much in debt & be obliged to sell to pay it: a circumstance which I shall think hard. I ask nothing for my time: but I think my expences should be paid in a stile equal to that of those with whom I am classed.—I must ask the favor of you on behalf of Mr. Adams as well as myself to explain the following transaction to our Commissioners of the treasury. Congress you know directed the financier to advance me two quarters salary. He gave me a letter of credit to Mr. Grand. Relying on the effect of this I had ordered furniture for a small hotel which I rent: & had entered into engagements for paying part of the rent in advance. A little before the parties were to call on me for the money I applied to Mr. Grand: but our funds were out & I found he was not disposed to advance the money. Nothing could equal my distress. In this situation Mr. Adams thought himself justifiable in drawing in my favor on the fund in Holland for 6000 florins: knowing of the order of Congress in my favor, of the failure of the funds here and that it could not be important to Congress from what part the money came. It was unlucky I did not know of the failure here before I had contracted the debt because I could have hired furniture for one third or one half of its worth annually. But this was such miserable economy, amounting to from 33⅓ to 50 per cent per ann. for the use of money, as induced me to buy. I wish this to be explained to the Commissioners to save Mr. Adams from censure.

Address your letters “A Mons^r. Mons^r. Jefferson Ministre plenipotentiaire des etats unis de l’Amerique a Paris Cul-de-sac Tetebout.”

TO CHARLES THOMSON1

Paris, Nov. 11th, 1784.

Dear Sir,

— * * * There has been a lamp called the cylinder lamp lately invented here. It gives a light equal as is thought, to that of six or eight candles. It requires olive oil, but its consumption is not great. The improvement is produced by forcing the wick into a hollow cylinder so that there is a passage for the air through the hollow. The idea had occurred to Doctor Franklin a year or two before, but he tried his experiment with a rush, which not succeeding he did not prosecute it. The fact was the rush formed too small a cylinder; the one used is of an inch diameter. They make shade candlesticks for studious men, which are excellent for reading; these cost two guineas. I should have sent you a specimen of the phosphoric matches, but that I am told Mr. Rittenhouse has had some of them. They are a beautiful discovery and very useful, especially to heads which like yours and mine cannot at all times be got to sleep. The convenience of lighting a candle without getting out of bed, sealing letters without calling a servant, of kindling a fire without flint, steel, punk, &c., are of value. Will you subscribe for the Encyclopedie Methodique? The subscription is as yet open; about two-fifths of the work is published; the whole will cost to subscribers 751 livres. I know of no other work here lately published or now on hand which is interesting. I must pray you send me a complete copy of the journals from Nov. 1, 1783 downwards. The few sheets I had I sent when in Philadelphia to Dunlap to complete, and he never returned them or any others to me. I have the pleasure of seeing Mr. Norris sometimes. I am in hopes he is discreet and that you need not fear the corruption of his morals; he is well at present. There is one danger at his age which some other instances have proved real—that of forming a connection, as is the fashion here, which he might be unwilling to shake off when it shall be proper for him to return to his own country, and which might detain him disadvantageously here. I have not the smallest intimation that he is disposed to do this, but it is difficult for young men to refuse it where beauty is a begging in every street. Indeed, from what I have seen here I know not one good purpose on earth which can be affected by a young gentleman coming here. He may learn indeed to speak the language, but put this in the scale amongst other things he will learn and evils he is sure to acquire and it will be found too light. I have always disapproved of a European education for our youth from theory; I now do it from inspection.

TO JAMES MADISON

Paris, 8 December, 1784.

* * * I thank you very much for the relation of the proceedings of assembly. It is the most grateful of all things to get those details when one is so distant from home. I like to see a disposition increasing to replenish the public coffers, and so far approve of the young stamp act. But would it not be better to simplify the system of taxation rather than to spread it over such a variety of subjects, and pass the money through so many new hands? Taxes should be proportioned to what may be annually spared by the individual, but I do not see that the sale of his land is an evidence of his ability to spare. One of my reasons for wishing to centre our commerce at Norfolk was that it might bring to a point the proper subjects of taxation and reduce the army of tax-gatherers almost to a single hand. The simplest system of taxation yet adopted is that of levying on the land and the labourer. But it would be better to levy the same sums on the produce of that labour when collected in the barn of the farmer; because then if through the badness of the year he made little, he would pay little. It would be better yet to levy only on the surplus of this product above his own wants. It would be better too to levy it not in his hands, but in those of the merchant purchaser; because tho’ the farmer would in fact pay it, as the merchant purchaser would deduct it from the original price of his produce yet the farmer would not be sensible that he paid it. This idea would no doubt meet its difficulties & objections when it should come to be reduced to practice: yet I suspect it would be practical & expedient. Our tax-gatherers in Virginia cost as much as the whole civil list besides. What a comfort to the farmer to be allowed to supply his own wants before he should be liable to pay anything, & then only pay on his surplus—The proposition for a Convention has had the result I expected. If one could be obtained I do not know whether it would not do more harm than good. While Mr. Henry lives another bad constitution would be formed & forever on us. What we have to do I think is devotedly to 252.746. for his death in the meantime to 203. 925. 243. 719 the 896.755 that the present is but an 851 & to 268. 661. the 872. of the 312. 730. 737. I am glad the 1005. 83 953. 735. 380. 945 have again shewn their teeth & fangs. The 777.400 had almost forgotten them.

I still hope something will be done for Paine. He richly deserves it; and it will give a character of littleness to our state if they suffer themselves to be restrained from the compensation due for his services by the paltry consideration that he opposed our right to the western country. Who was there out of Virginia who did not oppose it? Place this circumstance in one scale, and the effect his writings produced in uniting us in independence in the other, and say which preponderates. Have we gained more by his advocation of independence than we lost by his opposition to our territorial right? Pay him the balance only. I look anxiously to the approaching and improving the navigation of the Potomac and Ohio; the actual junction of the Big Beaver and Cuyahoga by a canal; as also that of Albemarle Sound and Elizabeth through the Dismal. These works will spread the field of our commerce westwardly and southwardly beyond anything ever yet done by man.

I once hinted to you the project of seating yourself in the neighborhood of Monticello, and my sanguine wishes made me look on your answer as not absolutely excluding the hope. Monroe is decided in settling there, and is actually engaged in the endeavor to purchase. Short is the same. Would you but make it a “partie quarrée,” I should believe that life had still some happiness in store for me. Agreeable society is the first essential in constituting the happiness, and, of course, the value of our existence. And it is a circumstance worthy great attention when we are making first our choice of a residence. Weigh well the value of this against the difference in pecuniary interest, and ask yourself which will add most to the sum of your felicity through life. I think that, weighing them in this balance, your decision will be favorable to all our prayers. Looking back with fondness to the moment when I am again to be fixed in my own country, I view the prospect of this society as inestimable. I find you thought it worth while to pass the last summer in exploring the woods of America, and I think you were right. Do you not think the men and arts of this country would be worth another summer? You can come in April, pass the months of May, June, July, August, and most of September here, and still be back to the commencement of real business in the assembly following, which I would not have you absent from. You shall find with me a room, bed, and plate, if you will do me the favor to become one of the family; as you would be here only for the summer season, I think your outfit of clothes need not cost you more than 50 guineas, and perhaps the attendance on the theatres and public entertainments, with other small expenses, might be half a guinea or three quarters a day. Your passage backward and forward would, I suppose, be 60 or 70 guineas more. Say that the whole would be 200 guineas. You will for that have purchased the knowledge of another world. I expect Monroe will come in the spring, and return to congress in the fall. If either this object, or the one preceding, for settling you near Monticello, can be at all promoted by the use of the money which the assembly have given me for my share in the revisal, make use of it freely, and be assured it can in no other way be applied so much to my gratification. The return of it may wait your perfect convenience. * * *

TO JAMES MONROE

mon. mss.

Paris, Dec. 10, 1784.

Dear Sir,

—I wrote you the 11th of Nov. by the last packet. Since that I have received by Mr. Short your’s of July 20 inclosing the Cypher. I hope that the establishment of a port on each river will end in the final success of one or of two only. Actual circumstances will prevent York & Tappahanoc from being any thing in spite of any encouragement. The accumulation of Commodities at Norfolk & Alexander will be so great as to carry all purchasers there, & York & Tappahanoc will find it their interest to send their Commodities to the same places in order to have the benefit of a competition among a great mass of purchasers. It is not amiss to encourage Alexandria because it is a rival in the very bosom of Baltimore.

I know of no investigation, at the instance or any nation, of the extent of the clause giving the rights of the most favoured nation but from the import of the words themselves, & from the clause that a privilege granted to any other nation shall immediately become common, freely where freely granted, or yielding the compensation1 where a compensation is given, I have no doubt that if any one nation will admit our goods duty free in consideration of our doing the same by them, no other nation can claim an exception from duties in our ports without yielding us the same in theirs. The abolition of the monopoly of our tobacco in the hands of the Farmers General will be pushed by us with all our force. But it is so interwoven with the very foundations of their system of finance that it is of doubtful event. I could not get my answer to the queries on Virginia printed in Philadelphia; but I am printing it here, & will certainly ask your acceptance of a copy. Can you employ the succeeding summer better than by coming here? Suppose Congress rises in time for you to sail by the first of April, you may pass May, June, July, August, & September here, & still be at the meeting of the ensuing Congress. You shall find with me a room, bed, & plate with a hearty welcome: & I do not think the other expences of your passage coming & going, out-fit of clothes, attending the theatres & other public places, will exceed 200 guineas. I have recommended the same measure to Mr. Madison. Perhaps you can make the voyage together.

I wrote you in my last that there would probably be war. The common belief is now that the matters will be accomodated. These who are not in the secrets of the Cabinet can only judge from external circumstances. Every movement of the two parties indicate war. I found much too on the character of the Emperor, whose public acts speak him much above the common level. Those who expect peace say also that they have in view the Emperor’s character which they represent as whimsical and eccentric & that he is especially affected in the Dog days. We shall not know what will be done till the spring admits the movement of troops into the field. I see no probable event which may divert the Emperor from his object but the health of the empress of Russia, which at present is very precarious. Any accident to her might possibly cripple the projects of Vienna. By this packet congress will receive the British ambassador’s letter to us. It appears extraordinary, when in our letter to him we had informed him that we (three in number) had full powers to treat, that his court should propose in answer as a previous stipulation that congress should send a person with full powers to London. I cannot suppose they have any personal objections: and therefore believe they only want to gain time in order to see how their schemes will work without a treaty. We shall bring them to an issue. I suppose it will probably end in our going to London. I think that after this we shall be obliged to go to Madrid & probably to some of the other more important courts. As it is impossible for us whenever we leave Paris to give up out homes (in which are our furniture & whatever we do not carry with us) and to find others in the instant of our return, & to remove into them, it is visible that during these journeys we are subject to double expences for a confidential servant must be left to take care of the house. And as during our travels the daily expences will be much greater than at Paris where we are settled, it will shew the reasonableness of Congress allowing house rent in the cases formally mentioned to you of Mr. Adams and Doctor Franklin & of course to me. I write on this subject to you alone & would not to you were it not 701 from circumstances explained in a former letter. I am like to be distressed in the article of house rent. My case will of course rest on a common bottom with the other gentlemen, indeed theirs being to be previously settled, mine will follow of course and I would not have the article of the outfit mentioned if it should be like to excite with an 340. 766. present with thought as to me. It appears to me not subject to the 359. 650. 75. 27. of an attack [?] to desire to have my expences paid or I would have surpressed the first thought of it.

There are great complaints of the stoppage of letters in New York, as well those which are coming from America to France, as those from France to America. If a letter is sent from hence for S. Carolina, for instance it is deposited at N. York till the French postage is paid. If one is sent from S. Carolina to France, it is deposited at N. Y. till the American postage is paid. Every person then in France or America, who ever expects to receive a letter by post, must keep an agent & a little bank in New York. In Europe this matter is so arranged that letters pass from one country to another without the least difficulty. France has a convention for this purpose with almost every country in Europe. She had such a one with England till the late war, & they are now proposing to renew it. Would it not be well for Congress to send us an instruction & power to form conventions to facilitate the passage of letters with those powers with whom we form treaties, or at least with some of them. It is certainly material with France, Holland, Gr. Br. Spain & Portugal & perhaps the Italian states.

Be so good as to present my compliments to your collegues. I think Mr. Hardy promised to write to me sometimes. I shall take great pleasure in an exchange of information with him.

P. S. I hope you will not desist from your plan of settlement in Albem. Short will join us, & I hope Mr. Madison. Can you inform me if letters to & from us are free of postage in America?

TO HORATIO GATES1

Paris, Dec. 13, 1784.

Dear General,

—I duly received the letter you were so good as to write me from New York. We have here under our contemplation the future miseries of human nature, like to be occasioned by the ambition of a young man, who has been taught to view his subjects as his cattle. The pretensions he sets up to the navigation of the Scheld would have been good, if natural right had been left uncontrolled but it is impossible for express compact to have taken away a right more effectually than it has the Emperor’s. There are numbers here (but not of the cabinet) who still believe he will retract, but I see no one circumstance on which to found such a belief. Nothing had happened but what he must have forseen and calculated on. And in fact all his movements indicate war. The Dutch are truly animated and ready to place their existence on the stake now contended for. The spring which brings general happiness to all other beings will probably open the sluices of calamity on our wretched fellow creatures on this side of the Atlantic. France, Holland, Prussia & Turkey against the two empires I think will be an overmatch. England will be neuter from interest as well as importance. The disposition of her inhabitants is very unfriendly to us. It remains to see whether their ministers suffer themselves to be led by passions also. I think it probable we shall go over there for a short time. An American vessel (a Virginia), has been lately taken by a frigate of the emperor of Morocco, who has five of them cruising on the Atlantic. The brig had just left Cadiz. Our trade to Portugal, Spain, & the Mediteranean is annihilated unless we do something decisive. Tribute or war is the usual alternative of these pirates. If we yield the power, it will require sums which our people will feel. Why not begin a navy then & decide on war? We cannot begin in a better cause nor against a weaker foe. You will have heard that the E. of Shelburne is made Marquis of Lansdown & Lord Temple Marquis of Buckingham. There is no appearance however of the former coming into the ministry which seem absolutely firm.

[1 ]The rough draft is endorsed: “No. 9. Motion of Mr. Jefferson Jany. 2—1784. Referred to Mr. Jefferson, Mr. Williamson, Mr. Read, Mr. Gerry, Mr. Howell, for ratification of def. treaty. Jany 14. 1784, rendered useless by the ratification this day by 9 states. To be filed.” See Jefferson’s Autobiography (i., 91–2). The fair copy is endorsed “Report of Mr. Jefferson relative to ratification of Defn. treaty read Jan. 3, 1784.”

[1 ]This resolution, though offered in Congress, does not appear in its Journals. It was probably in lieu of that adopted Jan. 14, 1784, which was reported by a committee, of which Jefferson was chairman.

[2 ]The draft, in Jefferson’s handwriting, was reported to Congress by a committee consisting of Jefferson, Gerry, Ellery, Read, and Hawkins, some time in December, but was not acted upon by Congress till the treaty was ratified Jan. 14, 1784. See Journals of Congress of that date.

[1 ]See Journals of Congress, Jan. 14, 1784. This proclamation was issued as a broadside with the headlines:

By the United States in / Congress assembled / January 14, 1784. / 4to. Cf. Ford’s Bibliography of the Continental Congress, No. 346.

[1 ]From S. N. Randolph’s Domestic Life of T. Jefferson, 71, where it is printed with the above date. But either Jefferson misdated it, or it was wrongly inserted, for Jefferson being in Annapolis and his daughter being in Philadelphia makes it certain that the letter was written in 1784.

[2 ]An artist.

[1 ]From the original in the possession of Mr. F. J. Dreer, of Philadelphia.

[1 ]In Jefferson’s handwriting.

[1 ]The fair copy, presented to Congress, is endorsed “No. 71. Report of Mr. Jefferson, Mr. Lee, Mr. Williamson, on the meml. of Zebulon Butler & others. Read. Passed Jan 23, 1784.” As adopted, it was slightly modified. Cf. text in Journals of Congress, under Jan. 23, and April 24, 1784.

[1 ]Reported to Congress by a committee consisting of Jefferson, Osgood, and Williamson, and adopted Jan. 29th. The report is in Jefferson’s handwriting.

[1 ]Congress being the executive of the United States, the continuous administration of the government required that it should always be in session. To avoid this latter necessity, it had been proposed, even as early as December 1775 (see ante, ii., 149), to constitute a committee of that body to act in its stead for certain purposes. During the war, however, the sessions were so lengthy that the need was not a pressing one, but with the termination of that, the difficulties of obtaining a Congress, and the needlessness of long sessions, once more brought the question to the front. Soon after the Congress met in Dec., 1783, a committee, consisting of Jefferson, Osgood, and Sherman, were appointed to report on the subject. For this committee Jefferson drafted the above paper, but before it was presented it was greatly curtailed and changed, as will be seen by comparing it with the report that immediately follows it.

[1 ]Endorsed: “No. 33. Report Mr. Jefferson, Mr. Osgood, Mr. Sherman, On powers of a comee of the States in recess of Congress: Delivered 30 Jany 1784. Entd Read May 27. Postponed to 29. May. Pass’d May 29t. 1784.”

By the Journals of Congress it appears that this plan was debated April 26th (under which date the plan is printed), and on May 27th, while the plan as finally adopted is printed under May 29, 1784. See ante, page 229, and Jefferson’s Autobiography (i., 84).

[1 ]Morris’ reply is printed in the Sparks’ Diplomatic Correspondence, xii., 468, and in Wharton’s Revolutionary Diplomatic Correspondence, vi., 774; but neither work prints this letter.

[1 ]The Report of the Committee of Revisors.—Cf. ii., 383.

[1 ]The deed as finally executed is in the Journals of Congress for March 1, 1784. This rough draft is in Jefferson’s handwriting.

[1 ]Endorsed: “Report of Mr. Jefferson, Mr. Chase, Mr. Howell. Temporary Governmt. of Western Country Delivered 1 March 1784. Entd.—Read.—March 3. Monday next assigned for the consideration of this report. March 17. 1784. recommitted.”—There is no record of the appointment of this committee, but it must have been before Feb. 21, 1784, for on that date Howells wrote to Arnold (Rhode Island and the Continental Congress, 479), stating that the committee had agreed to this report, and sketching its outlines. It was probably appointed before Congress adjourned to Annapolis, Nov. 4, 1783, for Howells wrote that the subject “was largely debated at Princeton last summer,” but the committee did not report till the Virginia cession had been formally signed, and accepted by Congress.

This report is entirely in Jefferson’s handwriting, as will be seen by the facsimile. It was recommitted to the original committee, who reported a substitute for it, March 22, 1784, which is printed in this collection under that date.

[1 ]Endorsed: “Report of Mr. Wiliamson, Mr. Gerry, Mr. Tilton, Mr. Jefferson, Mr. M’Henry. Reduction of civil list. Entd. read 5 March 1784.” It was considered March 24th and again on May 5th.

[1 ]Endorsed: “Report of Mr Jefferson, M Howell, Mr Williamson. On 4 & 5 of instructions of 15 Oct. 1783, to Comos for negotiating with Indians. Entd. read. 4 March. 1784.—Passed 19 March, 1784.” See Journals of Congress, March 5, 1784.

[1 ]Parts in italic are in cipher.

[1 ]“Extract of a letter from Dr. Franklin to the President of Congress dated Passy, Dec. 25. 1783.

“With respect to the British Court we should, I think, be constantly on our guard & impress strongly upon our minds that tho’ it has made peace with us, it is not in truth reconciled either to us or to its loss of us; but still flatters itself with hopes that some change in the affairs of Europe or some disunion among ourselves may afford them an opportunity of recovering their dominion, punishing those who have most offended, and securing our future dependence. It is easy to see by the general turn of the ministerial newspapers (light things indeed as straws & feathers, and like them they show which way the wind blows,) and by the malignant improvement their ministers make in all the foreign courts of every little accident or dissension among us, the riot of a few soldiers at Philadelphia, the resolves of some town meetings, the reluctance to pay taxes &c &c all which are exaggerated to represent our governments as so many anarchies of which the people themselves are weary, the Congress as having lost its influence, being no longer respected. I say it is easy from this conduct to see that they bear us no good will, & that they wish the reality of what they are pleased to imagine. They have too numerous a royal progeny to provide for, some of whom are educated in the military line. In these circumstances we cannot be too careful to preserve the friendships we have acquired abroad, & the Union we have Established at home, to secure our credit by a punctual discharge of our obligations of every kind, & our reputation by the wisdom of our councils; since we know not how soon we may have a fresh occasion for friends & for reputation.”

[1 ]The first notice of this subject is in the Secret Journals of Congress, March 26, 1784, when the report of a committee, consisting of Jefferson, Gerry, and Williamson, was taken into consideration by Congress. These resolutions were probably prepared in connection with that report.

[1 ]Endorsed “Report on Western Territory. Delivered 22 March, 1784. Read. Wednesday 24 assigned for consideration.”

The original report of a temporary ordinance (see ante, p. 251) not satisfying Congress, it was recommitted to the original committee for amendment, and the above was by them reported to Congress. It was considered on April 19, 21, and 23, 1784, when, after amendment, it was adopted, by the vote of every state but one. The report was at once printed as:

The Committee to whom was recommitted the Report of a / Plan for a temporary Government of the Western Ter- / ritory having agreed to the following resolutions. / Folio. Broadside.

The ordinance as adopted was printed with the title of:

By the United States in Con- / gress assembled. / April 23, 1784. / Folio. 2 leaves.

Next to the Declaration of Independence (if indeed standing second to that), this document ranks in historical importance of all those drawn by Jefferson; and, but for its being superseded by the “Ordinance of 1787,” would rank among all American State papers immediately after the National Constitution. Its importance has already been commented upon in the introduction. That it contains practically every provision which has made the later ordinance famous, has been carefully overlooked by those who have desired to give the credit of them to Northerners. Still more have these special pleaders suppressed the fact that Jefferson proposed to interdict slavery in all the western territory and not merely in the northwest territory as the Ordinance of 1787 did. Had it been adopted as Jefferson reported it, slavery would have died a natural death, and secession would have been impossible.

There is another reason, however, for the little reputation this paper has brought to Jefferson, aside from the studious suppression of its importance by the special pleaders of New England. This plan, with its limitation of slavery, though failing by only one vote of adoption in 1784, was unpopular at the South and increasingly so as slavery became more and more profitable and more and more a Southern institution. As early as 1790 Jefferson’s partizans were already his apologists for this document, and from that time Jefferson carefully avoided any public utterance on slavery. This change of attitude is alone sufficient explanation why Southerners acquiesced with the Northerners in the suppression of this paper, and of Jefferson’s drafting of it. In Jefferson’s memoranda of the services which he took pride in having rendered his country, written in 1800, he carefully omitted all mention, as also in his Autobiography, written in 1821. And thus it has been left to the Massachusetts orators to glorify King, Dane, and Cutler for clauses in the Ordinance of 1787, which the latter had in truth but taken from the Ordinance of 1784, and which they made sectional, where Jefferson had made them national.

[1 ]Endorsed “Report of grand Comee delivered March 22, 1784. Monday 29 assigned for consideration.”

[1 ]There is no record of the appointment of this committee, which consisted of Jefferson, Foster, Partridge, Howell, Sherman, Beatty, Montgomery, Tilton, Chase, Spaight, and Read. The report was considered by Congress April 5, 12, 22, and 27, 1784; and, after material amendment, was adopted April 28, 1784. In the Jefferson MSS. (5th, II.) is a rough draft of this report, in Jefferson’s handwriting, and this fair copy, which was presented to Congress, is also written by him.

This report was at once printed as a broadside (cf. Ford’s Bibliography of the Continental Congress), with the title:

The Grand Committee consisting of [blank] / appointed to prepare and report to Congress, the arrears of interest on the national / debt, together with the interest and expenses for the year 1784, from the first to the last / day thereof inclusive, and a requisition of money on the states for discharging the / same, have agreed to the following Report: / Folio. Broadside.

The report as adopted was printed as:

The United States in Congress assembled / April 27, 1784. / Folio. Broadside.

The / United States / in / Congress assembled, / April 27, 1784. / Congress resumed the considera- / tion of the report to the Grand / Committee appointed to pre- / pare and report to Congress, the arrears / of Interest on the national debt, toge- / ther with the expenses for the year / 1784, from the first to the last day / thereof inclusive, and a requisition of / money on the States for maintaining the / same, which being amended to read as follows: / . . . . . . / [colophon.] Boston: Printed by Adams and Nourse. / By Order of the Honourable House of Representatives. / M,DCC,LXXXIV. / 8vo. pp. 12.

[1 ]From the original in the possession of Mr. F. J. Dreer, of Philadelphia.

[1 ]See Jefferson’s Autobiography (i, 82); Diplomatic Correspondence,xii, 81; and Sparks’ Life of Gouverneur Morris,i, 273.

This was printed as:

Notes / on the / Establishment / of a / Money Unit, / and of a / coinage for the United States. [Paris: 1785] 8vo., pp. 14.

It was also printed in:

Propositions respecting the Coinage / of Gold, Silver and Copper. [1785.] folio, pp. 12.

[1 ]In a newspaper, which frequently gives good details in political economy, I find, under the Hamburgh head, that the present market price of Gold and Silver is, in England, 15.5 for 1: in Russia, 15: in Holland, 14.75: in Savoy, 14.6: in France, 14.42: in Spain, 14.3: in Germany, 14.155: the average of which is 14.675 or 14 5–8. I would still incline to give a little more than the market price for gold, because of its superior convenience in transportation.—T. J.

[1 ]A committee of Congress brought in a report on Steuben April 13th, which was not adopted. His case was again considered April 15th; and some time during the discussion this motion was made.

[1 ]Probably used during the discussion of this question in Congress, April 13, 1784. Cf. Journals.

[1 ]Probably drafted while the question of the national capital was under discussion.

[1 ]Endorsed: “No. 20. Resolu of Comee Mr. Jefferson, Mr. Sherman, Mr. Gerry. On a Motion of Mr. Jefferson. Pass’d April 27th. 1784. Allowance to H. Mercer—son of Genl. Mercer.”

[2 ]Endorsed: “Report of Mr. Jefferson, Mr. Williamson, Mr. Howell, Mr. Gerry, Mr. Read. An Ordinance for ascertaining the mode of locating & disposing of Lands in the Western territory. Read April 30, 1784. Friday May 7, assigned.”

On May 7th, according to the Journals of Congress, this was reported and “read a first time,” and “Monday next assigned for the second reading.” No further mention of it is made till May 28th, when it was called for, but a motion to consider it was carried in the negative, not a single state voting in its favor. It was not again considered till March 4, 1785, when it was read, and ordered for a second reading. It was then referred to a committee, who, on April 14th, reported an entirely new Ordinance, printed in the Journals under April 26, 1785.

This ordinance was printed as:

An Ordinance for ascertaining the mode of locating and disposing / of lands in the Western Territory. / Folio. 2 leaves.

[1 ]From the original in the possession of Dr. Thomas Addis Emmet of New York.

[1 ]Endorsed: “No. 88 Report of grand Comee on Old Cont: Money. Entd. Read May 17, 1784. Monday 24 May assigned for consideration.”

This report, as adopted by Congress, was printed as:

The Grand Committee to whom was referred / a Letter of the Governor of Massachusetts, of the 28th of Oc- / tober, 1783, relative to the Continental Bills of Credit / of / the Old Emissions, submit the following. / 4to Broadside.

[1 ]Cf. Secret Journals of Congress, May 7, 1784.

[1 ]From Collections of the N. Y. Historical Society for 1878, p. 186.

[1 ]The governor, John Dickinson.

[1 ]From Bigelow’s Works of Franklin, x.

[1 ]From the original in the possession of Mr. F. J. Dreer, of Philadelphia.

[1 ]From The Collections of the N. Y. Historical Society for 1878, p. 196.

[1 ]This italic is Jefferson’s. The rest are cipher translations.

[1 ]From the original in the possession of Dr. Thomas Addis Emmet of New York.

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1784 - TO JAMES MADISON - Thomas Jefferson, The Works, vol. 4 (Notes on Virginia II, Correspondence 1782-1786) [1905]

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TO JAMES MADISON

MOTION ON RATIFICATION OF TREATY1

FAIR COPY

ROUGH DRAFT

RESOLUTION ON DEFINITIVE TREATY1

RATIFICATION OF DEFINITIVE TREATY2

DRAFT FOR PROCLAMATION ANNOUNCING RATIFICATION OF DEFINITIVE TREATY1

TO MARTHA JEFFERSON1

TO THE GOVERNOR OF VIRGINIA (BENJAMIN HARRISON)

TO THE GOVERNOR OF VIRGINIA1 (BENJAMIN HARRISON)

TO THE GOVERNOR OF VIRGINIA1 (BENJAMIN HARRISON)

TO OLIVER POLLOCK

DRAFT OF A REPORT ON THE MEMORIAL OF ZEBULON BUTLER AND OTHERS1

ROUGH DRAFT

FAIR COPY

REPORT ON LETTER FROM JOHN ALLAN1

DRAFT OF REPORT ON A COMMITTEE OF THE STATES1

POWERS FROM WHICH THE COMMEE OF THE STATES ARE EXCLUDED.

POWERS FROM WHICH THEY SHOULD BE EXCLUDED.

POWERS WHICH THEY MAY EXERCISE.

POWERS WHICH SHOULD BE GIVEN THEM.

REPORT ON COMMITTEE OF THE STATES1

TO THE SUPERINTENDENT OF FINANCE1 (ROBERT MORRIS)

TO JAMES MADISON

DRAFT OF DEED OF CESSION OF NORTHWEST TERRITORY1

REPORT ON GOVERNMENT FOR WESTERN TERRITORY1

TO THE GOVERNOR OF VIRGINIA (BENJAMIN HARRISON)

REPORT ON REDUCTION OF CIVIL LIST1

INSTRUCTIONS FOR NEGOTIATING WITH INDIANS.1

TO GEORGE WASHINGTON

TO GEORGE WASHINGTON

Dr. Sir,

TO JAMES MADISON1

TO THE GOVERNOR OF VIRGINIA (BENJAMIN HARRISON)

RESOLVES ON EUROPEAN TREATIES1

REPORT OF GOVERNMENT FOR THE WESTERN TERRITORY1

REPORT ON CESSION OF WESTERN TERRITORY.1

REPORT OF THE ARREARS OF INTEREST1

TO GEORGE WASHINGTON

TO THE GOVERNOR OF VIRGINIA1 (BENJAMIN HARRISON.)

TO GEORGE WASHINGTON

NOTES ON THE ESTABLISHMENT OF A MONEY UNIT, AND OF A COINAGE FOR THE UNITED STATES1

Supplementary Explanations

MOTION ON STEUBEN.1

NOTES ON THE PERMANENT SEAT OF CONGRESS.1

RESOLUTIONS FOR THE LEGISLATURES OF MARYLAND AND VIRGINIA.1

RESOLVE ON CONTINENTAL CONGRESS

TO GEORGE WASHINGTON

TO JAMES MADISON

REPORT ON MERCER1

DRAFT OF “AN ORDINANCE ESTABLISHING A LAND OFFICE FOR THE UNITED STATES”2

TO THE GOVERNOR OF VIRGINIA (BENJAMIN HARRISON)

TO HORATIO GATES1

REPORT ON CONTINENTAL BILLS OF CREDIT1

TO THE GOVERNOR OF VIRGINIA (BENJAMIN HARRISON)

TO THE GOVERNOR OF VIRGINIA (BENJAMIN HARRISON)

INSTRUCTIONS TO THE MINISTERS PLENIPOTENTIARY APPOINTED TO NEGOTIATE TREATIES OF COMMERCE WITH THE EUROPEAN NATIONS1

TO JAMES MONROE

TO CHARLES THOMSON1

TO JAMES MADISON

TO BENJAMIN FRANKLIN1

TO JAMES MADISON

TO THE GOVERNOR OF VIRGINIA1 (BENJAMIN HARRISON)

D^r. Sir,