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

TO JOHN ADAMS 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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Liberty Fund, Inc. is a private, educational foundation established to encourage the study of the ideal of a society of free and responsible individuals.


TO JOHN ADAMS1

j. mss.

Paris, July 31, 1785.

Dear Sir,

—I was honoured yesterday with yours of the 24th instant. When the 1st article of our instrns of May 7. 1784, was under debate in Congress, it was proposed that neither party should make the other pay in their ports greater duties than they paid in the ports of the other. One objection to this was it’s impracticability, another that it would put it out of our power to lay such duties on alien importation as might encourage importation by natives. Some members much attached to English policy thought such a distinction should actually be established. Some thought the power to do it should be reserved in case any peculiar circumstances should call for it, tho under the present or perhaps any probable circumstances they did not think it would be good policy ever to exercise it. The footing gentis amicissimæ was therefore adopted as you see in the instruction. As far as my inquiries enable me to judge France and Holland make no distinction of duties between aliens and natives. I also rather believe that the other states of Europe make none, England excepted, to whom this policy, as that of her navigation act, seems peculiar. The question then is, should we disarm ourselves of the power to make this distinction against all nations in order to purchase an exception from the alien duties in England only; for if we put her importations on the footing of native, all other nations with whom we treat will have a right to claim the same. I think we should because against other nations who make no distinction in their ports between us & their own subjects, we ought not to make a distinction in ours. And if the English will agree, in like manner to make none, we should with equal reason abandon the right as against them. I think all the world would gain by setting commerce at perfect liberty. I remember this proposition to put foreigners and natives on the same footing was considered; and we were all three Dr. F. as well as you & myself in favor of it. We finally however did not admit it partly from the objection you mention, but more still on account of our instructions. But tho’ the English proclamation had appeared in America at the time of framing these instructions I think it’s effect as to alien duties had not yet been experienced & therefore was not attended to. If it had been noted in the debate I am sure that the annihilation of our whole trade would have been thought too great a price to pay for the reservation of a barren power which a majority of the members did not propose ever to exercise tho they were willing to retain it. Stipulating for equal rights for foreigners & natives we obtain more in foreign ports than our instructions required, and we only part with, in our own ports, a power of which sound policy would probably forever forbid the exercise. Add to this, that our treaty will be for a very short term, and if any evil be experienced under it, a reformation will soon be in our power. I am therefore for putting this among our original propositions to the court of London. If it should prove an insuperable obstacle with them, or if it should stand in the way of a greater advantage, we can but abandon it in the course of the negotiation,

In my copy of the cypher, on the alphabetical side, numbers are wanting from “Denmark” to “disc” inclusive, and from “gone” to “governor” inclusive. I suppose them to have been omitted in copying. Will you be so good as to send them to me from yours by the first safe conveyance?

[1 ]The parts in italic are underlined, evidently to be translated into cipher.