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Subject Area: Political Theory
Topic: The American Revolution and Constitution

MOTION ON RATIFICATION OF TREATY 1 - Thomas Jefferson, The Works, vol. 4 (Notes on Virginia II, Correspondence 1782-1786) [1905]

Edition used:

The Works of Thomas Jefferson, Federal Edition (New York and London, G.P. Putnam’s Sons, 1904-5). Vol. 4.

Part of: The Works of Thomas Jefferson, 12 vols.

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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.

[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.”