volume such useful parts as had become too diffuse. A Com-
mittee was appointed to execute this work ; they did it ; and the
assembly began in Octob. 1785, the examination of it, in order
to change such parts of the report as might not meet their appro-
bation and to establish what they should approve. We may ex-
pect to hear the result of their deliberations about the last of
February next.
1 Supplied by Jefferson to Monsieur de Meusnier, author of that part of the
Encyclopedie Politique entitled " Economic Politique et Diplomatique.' ' See also
the two papers immediately following this.
138
1786]
THOMAS JEFFERSON.
I have heard that Connecticut undertook a like work : but I
am not sure of this, nor do I know whether any other of the
states have or have not done the same.
2. The Constitution of New Hampshire established in 1776,
having been expressly made to continue only during the contest
with Great Britain, they proceeded, after the close of that, to
form and establish a permanent one, which they did. The Con-
vention of Virginia which organized their new government had
been chosen before a separation from Gr Britain had been thought
of in their state. They had therefore none but the ordinary
powers of legislation. This leaves their act for organizing the
government subject to be altered by every legislative assembly,
and tho no general change in it has been made, yet it's effect has
been controulled in several special cases. It is therefore thought
that that state will appoint a Convention for the special purpose
of forming a stable constitution. I think no change has been
made in any other of the states.
3. The following is a rough estimate of the particular debts of
some of the states as they existed in the year 1784 :
United States' principal of For-
eign debt nearly .... $7,000,000.
The principal of the domestic
debt is somewhere between
27^ millions & 35^ millions,
call it therefore .... 31,500,000.
Dollars.
New Hampshire 500,000
Rhode island . 430,000
Massachusetts 5,000,000
Connecticut . 3> 439.86f $38,500,000.
Virginia .... 2,500,000. The other states not named here are
probably indebted in the same proportion to their abilities. If
so, & we estimate their abilities by the rule of quotaing them
those 8 states will owe about 14 millions, & consequently the
particular debts of all the states will amount to 25 or 26 millions
of dollars.
5. A particular answer to this question would lead to very
minute details. One general idea however may be applied to all
the states. Each having their separate debt, and a determinate
proportion of the federal debt, they endeavour to lay taxes suffi-
cient to pay the interest of both of these, and to support their
140 THE WRITINGS OF [1786
own & the federal government. These taxes are generally about
one or one & a half per cent, on the value of property, & from
z\ to 5 per cent, on foreign merchandise imported. But the
paiment of this interest regularly is not accomplished in many
of the states. The people are as yet not recovered from the
depredations of the war. When that ended, their houses
were in ruin, their farms waste, themselves distressed for
clothing and necessaries for their household. They cannot as
yet therefore bear heavy taxes. For the paiment of the principal
no final measures are yet taken. Some states will have land for
sale, the produce of which may pay the principal debt. Some
will endeavor to have an exceeding of their taxes to be applied
as a sinking fund, and all of them look forward to the increase of
population, & of course an increase of productiveness in their
present taxes to enable them to be sinking their debt. This is a
general view. Some of the states have not yet made even just
efforts for satisfying either the principal or interest of their public
debt.
6. By the close of the year 1785 there had probably passed
over about 50,000 emigrants. Most of these were Irish. The
greatest number of the residue were Germans. Philadelphia
receives most of them, and next to that, Baltimore & New York.
7. Nothing is decided as to Vermont. The four northernmost
states wish it to be received into the Union. The middle &
Southern states are rather opposed to it. But the great difficulty
arises with New York which claims that territory. In the begin-
ning every individual of that state revolted at the idea of giving
them up. Congress therefore only interfered from time to time
to prevent the two parties from coming to an open rupture. In
the meanwhile the minds of the New Yorkers have been familiar-
izing to the idea of a separation & I think it will not be long
before they will consent to it. In that case the Southern &
Middle states will doubtless acquiesce, and Vermont will be re-
ceived into the Union.
LeMaine, a part of the government of Massachusetts, but de-
tached from it (the state of N Hampshire lying between) begins
to desire to be separated. They are very weak in numbers as yet ;
but whenever they shall obtain a certain degree of population,
1786] THOMAS JEFFERSON. 141
there are circumstances which render it highly probable they will
be allowed to become a separate member of the Union.
8. It is believed that the state of Virginia has by this time made
a second cession of lands to Congress, comprehending all those
between the meridian of the mouth of the Great Kanhaway, the
Ohio, Mississippi & Carolina boundary. Within this lies Ken-
tucky. I believe that their numbers are sufficient already to en-
title them to come into Congress, and that their reception there
will only incur the delay necessary for taking the consent of the
several assemblies. There is no other new state as yet approach-
ing the time of it's reception.
10. The number of Royalists which left New York, South
Carolina & Georgia when they were evacuated by the British
army was considerable, but I am absolutely unable to conjecture
their numbers. From all the other states I suppose perhaps two
thousand may have gone.
11. The Confederation is a wonderfully perfect instrument,
considering the circumstances under which it was formed. There
are however some alterations which experience proves to be
wanting. These are principally three, i. To establish a general
rule for the admission of new states into the Union. By the
Confederation no new state, except Canada, can be permitted to
have a vote in Congress without first obtaining the consent of all
the thirteen legislatures. It becomes necessary to agree what
districts may be established into separate states, and at what
period of their population they may come into Congress. The
act of Congress of April 23, 1784, has pointed out what ought to
be agreed on, to say also what number of votes must concur when
the number of voters shall be thus enlarged. 2. The Confedera-
tion in it's eighth article, decides that the quota of money to be con-
tributed by the several states shall be proportioned to the value of
landed property in the state. Experience has shown it imprac-
ticable to come at this value. Congress have therefore recom-
mended to the states to agree that their quotas shall be in
proportion to the number of their inhabitants, counting 5 slaves
however but as equal to 3 free inhabitants. I believe all the
states have agreed to this alteration except Rhode island. 3. The
Confederation forbids the states individually to enter into treaties
i 4 2 THE WRITINGS OF [1786
of commerce, or of any other nature, with foreign nations : and
it authorizes Congress to establish such treaties, with two reserva-
tions however, viz., that they shall agree to no treaty which
would i. restrain the legislatures from imposing such duties on
foreigners, as natives are subjected to ; or 2. from prohibiting
the exportation or importation of any species of commodities.
Congress may therefore be said to have a power to regulate com-
merce, so far as it can be effected by conventions with other
nations, & by conventions which do not infringe the two funda-
mental reservations before mentioned. But this is too imperfect.
Because till a convention be made with any particular nation, the
commerce of any one of our states with that nation may be regu-
lated by the State itself, and even when a convention is made,
the regulation of the commerce is taken out of the hands of the
several states only so far as it is covered or provided for by that
convention or treaty. But treaties are made in such general
terms, that the greater part of the regulations would still result
to the legislatures. Let us illustrate these observations by ob-
serving how far the commerce of France & of England can be
affected by the state legislatures. As to England, any one of the
legislatures may impose on her goods double the duties which are
paid other nations ; may prohibit their goods altogether ; may
refuse them the usual facilities for recovering their debts or with-
drawing their property, may refuse to receive their Consuls or to
give those Consuls any jurisdiction. But with France, whose
commerce is protected by a treaty, no state can give any molesta-
tion to that commerce which is defended by the treaty. Thus,
tho' a state may exclude the importation of all wines (because
one of the reservations aforesaid is that they may prohibit the
importation of any species of commodities) yet they cannot pro-
hibit the importation of French wines particularly while they
allow wines to be brought in from other countries. They can-
not impose heavierMuties on French commodities than on those of
other nations. They cannot throw peculiar obstacles in the way
of their recovery of debts due to them &c. &c. because those
things are provided for by treaty. Treaties however are very im-
perfect machines for regulating commerce in the detail. The
principal objects in the regulation of our commerce would be : i.
1786] THOMAS JEFFERSON. 143
to lay such duties, restrictions, or prohibitions on the goods of
any particular nation as might oblige that nation to concur in
just & equal arrangements of commerce. 2. To lay such uniform
duties on the articles of commerce throughout all the states, as
may avail them of that fund for assisting to bear the burthen of
public expenses. Now this cannot be done by the states sepa-
rately ; because they will not separately pursue the same plan.
New Hampshire cannot lay a given duty on a particular article,
unless Massachusetts will do the same ; because it will turn the
importation of that article from her ports into those of Massa-
chusetts, from whence they will be smuggled into New Hamp-
shire by land. But tho Massachusetts were willing to concur
with N Hampshire in laying the same duty, yet she cannot do it,
for the same reason, unless Rhode island will also, nor can Rhode
island without Connecticut, nor Connecticut without N York, nor N
York without N Jersey, & so on quite to Georgia. It is visible there-
fore that the commerce of the states cannot be regulated to the
best advantage but by a single body, and no body so proper as
Congress. Many of the states have agreed to add an article to
the Confederation for allowing to Congress the regulation of their
commerce, only providing that the revenues to be raised on it,
shall belong to the state in which they are levied. Yet it is
believed that Rhode island will prevent this also. An everlasting
recurrence to this same obstacle will occasion a question to be
asked. How happens it that Rhode island is opposed to every
useful proposition ? Her geography accounts for it, with the aid
of one or two observations. The cultivators of the earth are the
most virtuous citizens, and possess most of the amor patriae.
Merchants are the least virtuous, and possess the least of the amor
patriae. The latter reside principally in the seaport towns, the
former in the interior country. Now it happened that of the
territory constituting Rhode island & Connecticut, the part con-
taining the seaports was erected into a state by itself & called
Rhode island, & that containing the interior country was erected
into another state called Connecticut. For tho it has a little sea-
coast, there are no good ports in it. Hence it happens that there
is scarcely one merchant in the whole state of Connecticut, while
there is not a single man in Rhode island who is not a merchant
144 THE WRITINGS OF [1786
of some sort. Their whole territory is but a thousand square
miles, and what of that is in use is laid out in grass farms almost
entirely. Hence they have scarcely any body employed in agri-
culture. All exercise some species of commerce. This circum-
stance has decided the characters of these two states. The
remedies to this evil are hazardous. One would be to consolidate
the two states into one. Another would be to banish Rhode
island from the union. A third to compel her submission to the
will of the other twelve. A fourth for the other twelve to govern
themselves according to the new propositions and to let Rhode
island go on by herself according to the antient articles. But the
dangers : difficulties attending all these remedies are obvious.
These are the only alterations proposed to the confederation,
and the last of them is the only additional power which Congress
is thought to need.
12. Congress have not yet ultimately decided at what rates
they will redeem the paper money in the hands of the holders,
but a resolution of 1784, has established the principle,
so that there can be little doubt but that the holders of paper
money shall receive as much real money as the paper was actually
worth at the time they received it, and an interest of 6 per cent
from the time they received it. It's worth will be found in the
depreciation table of the state wherein it was received ; these de-
preciation tables having been formed according to the market
prices of the paper money at different epochs.
13. Those who talk of the bankruptcy of the U. S. are of two
descriptions, i. Strangers who do not understand the nature
& history of our paper money. 2. Holders of that paper-money
who do not wish that the world should understand it. Thus
when, in March 1780. the paper money being so far depreciated
that 40 dollars of it would purchase only i. silver dollar, Congress
endeavored to arrest the progress of that depreciation by declar-
ing they would emit no more, and would redeem what was in cir-
culation at the rate of one dollar of silver for 40 of paper ; this
was called by the brokers in paper money, a bankruptcy. Yet
these very people had only given one dollar's worth of provisions,
of manufactures, or perhaps of silver for their forty dollars, &
were displeased that they could not in a moment multiply their
1786] THOMAS JEFFERSON. 145
silver into 40. If it were decided that the U. S. should pay a
silver dollar for every paper dollar they emitted, I am of opinion
(conjecturing from loose data of my memory only as to the
amount & true worth of the sums emitted by Congress and by the
several states) that a debt, which in it's just amount is not more
perhaps than 6 millions of dollars, would amount up to 400 mil-
lions ; and instead of assessing every inhabitant with a debt of
about 2 dollars, would fix on him thirty guineas which is con-
siderably more than the national debt of England affixes on each
of its inhabitants, and would make a bankruptcy where there is
none. The real just debts of the U. S., which were stated under
the 3d query, will be easily paid by the sale of their lands, which
were ceded on the fundamental condition of being applied as a
sinking fund for this purpose.
14. La canne a sucre est un erreur du traducteur de M. Filson.
Le mot Anglois ' cane ' vent dire ' arundo ' en latin, et ' roseau' ou
' canne ' en Franfois le traducteur en a fait la ' canne du sucre,'
probablement que le ' caffier ' est une erreur semblable.
15. The whole army of the United States was disbanded at the
close of the war. A few guards only were engaged for their
magazines. Lately they have enlisted some two or three regi-
ments to garrison the posts along the Northern boundary of the
U.S.
16. 17. The U. S. do not own at present a single vessel of
war ; nor has Congress entered into any resolution on that
subject.
1 8. I conjecture there are 650,000 negroes in the five Southern-
most states, and not 50,000 in the rest. In most of these latter
effectual measures have been taken for their future emancipation.
In the former, nothing is done towards that. The disposition to
emancipate them is strongest in Virginia, Those who desire it,
form, as yet, the minority of the whole state, but it bears a re-
spectable proportion to the whole in numbers & weight of char-
acter, & it is continually recruiting by the addition of nearly the
whole of the young men as fast as they come into public life. I
flatter myself it will take place there at some period of time not
very distant. In Maryland & N. Carolina a very few are disposed
to emancipate. In S. Carolina & Georgia not the smallest symp-
VOU IV. 10
146 THE WRITINGS OF [1786
toms of it, but, on the contrary these two states & N. Carolina
continue importations of negroes. These have been long prohib-
ited in all the other states.
19. In Virginia, where a great proportion of the legislature
consider the constitution but as other acts of legislation, laws
have been frequently passed which controulled it's effects. I
have not heard that in the other states they have ever infringed
their constitution ; & I suppose they have not done it ; as the
judges would consider any law as void which was contrary to the
constitution. Pennsylvania is divided into two parties, very
nearly equal, the one desiring to change the constitution, the
other opposing a change. In Virginia there is a part of the state
which considers the act for organizing their government as a con-
stitution, & are content to let it remain ; there is another part
which considers it only as an ordinary act of the legislature, who
therefore wish to form a real constitution, amending some defects
which have been observed in the acts now in force. Most of the
young people as they come into office arrange themselves on this
side, and I think they will prevail ere long. But there are no
heats on this account. I do not know that any of the other states
propose to change their constitution.
20. I have heard of no malversations in office which have been
of any consequence ; unless we consider as such some factious
transactions in the Pennsylvania assembly ; or some acts of the
Virginia assembly which have been contrary to their constitu-
tion. The causes of these were explained in the preceding
article.
21. Broils among the states may happen in the following ways :
i. A state may be embroiled with the other twelve by not com-
plying with the lawful requisitions of Congress. 2. Two states
may differ about their boundaries. But the method of settling
these is fixed by the Confederation, and most of the states which
have any differences of this kind are submitting them to this
mode of determination ; and there is no danger of opposition to
the decree by any state. The individuals interested may complain,
but this can produce no difficulty. 3. Other contestations may
arise between two states, such as pecuniary demands, affrays
among their citizens, & whatever else may arise between any two
1786] THOMAS JEFFERSON. 147
nations. With respect to these, there are two opinions. One that
they are to be decided according to the gih article of the Confed-
eration, which says that " Congress shall be the last resort in all
differences between two or more states, concerning boundary
jurisdiction, or any other cause whatever " ; and prescribes the
mode of decision, and the weight of reason is undoubtedly in
favor of this opinion, yet there are some who question it.
It has been often said that the decisions of Congress are impo-
tent because the Confederation provides no compulsory power.
But when two or more nations enter into compact, it is not usual
for them to say what shall be done to the party who infringes it.
Decency forbids this, and it is unnecessary as indecent, because
the right of compulsion naturally results to the party injured by
the breach. When any one state in the American Union refuses
obedience to the Confederation by which they have bound them-
selves, the rest have a natural right to compel them to obedience.
Congress would probably exercise long patience before they would
recur to force ; but if the case ultimately required it, they would
use that recurrence. Should this case ever arise, they will prob-
ably coerce by a naval force, as being more easy, less dangerous
to liberty, & less likely to produce much bloodshed.
It has been said too that our governments both federal and par-
ticular want energy ; that it is difficult to restrain both individuals
& states from committing wrong. This is true, & it is an incon-
venience. On the other hand that energy which absolute govern-
ments derive from an armed force, which is the effect of the bayo-
net constantly held at the breast of every citizen, and which re-
sembles very much the stillness of the grave, must be admitted
also to have it's inconveniences. We weigh the two together,
and like best to submit to the former. Compare the number of
wrongs committed with impunity by citizens among us, with
those committed by the sovereign in other countries, and the last
will be found most numerous, most oppressive on the mind, and
most degrading of the dignity of man.
22. The states differed very much in their proceedings as to
British property ; and I am unable to give the details. In Vir-
ginia, the sums sequestered in the treasury remain precisely as they
did at the conclusion of the peace. The British having refused
i 4 8 THE WRITINGS OF [1786
to make satisfaction for the slaves they carried away, contrary to
the treaty of peace, and to deliver up the ports within our limits,
the execution of that treaty is in some degree suspended. Indi-
viduals however are paying off their debts to British subjects, and
the laws even permit the latter to recover them judicially. But as
the amount of these debts are 20 or 30 times the amount of all
the money in circulation in that state, the same laws permit the
debtor to pay his debts in seven equal & annual payments.
ADDITIONAL QUESTIONS OF M. DE MEUSNIER, AND
ANSWERS. j. MSS.
I. What has led Congress to determine that the concurrence of seven votes
is requisite in questions which by the Confederation are submitted to the deci-
sion of a Majority of the U. S. in Congress assembled ?
The IXth article of Confederation 6. evidently establishes
three orders of questions in Congress, i. The greater ones, which
relate to making peace or war, alliances, coinage, requisitions for
money, raising military force, or appointing it's commander-in-
chief. 2. The lesser ones, which comprehend all other matters
submitted by the Confederation to the federal head. 3. The sin-
gle question of adjourning from day to day. This gradation of
questions is distinctly characterized by the article.
In proportion to the magnitude of these questions, a greater
concurrence of the voices composing the Union was thought
necessary. Three degrees of concurrence, well distinguished by
substantial circumstances, offered themselves to notice, i. A con-
currence of a majority of the people of the Union. It was thought
that this would be ensured by requiring the voices of nine states ;
because according to the loose estimates which had been made
of the inhabitants, & the proportion of them which were free, it
was believed that even the nine smallest would include a majority
of the free citizens of the Union. The voices therefore of nine
states were required in the greater questions. 2. A concurrence
of the majority of the states. Seven constitute that majority. This
1786] THOMAS JEFFERSON. 149
number therefore was required in the lesser questions. 3. A con-
currence of the majority of Congress, that is to say, of the states
actually present in it. As there is no Congress when there are
not seven states present, this concurrence could never be of less
than four states. But these might happen to be the four smallest,
which would not include one ninth part of the free citizens of the
Union. This kind of majority therefore was entrusted with
nothing but the power of adjourning themselves from day to