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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 followi

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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