Still, however, Congress refused to give the enumeration the sanction of a place on their journals, because it was not formed on such evidence as a strict attention to accuracy and truth required. They used it from necessity, because they could get no better rule, and they entered on their journals only the apportionment of money. The members, however, as before, took copies of the enumeration, which was the groundwork of the apportionment, sent them to their States, and thus this second enumeration got into the public papers, and was by the English ascribed to Congress as their declaration of their present numbers. To get at the real numbers which this enumeration supposes, we must add twenty thousand to the number on which South Carolina was quoted; we must consider that seven hundred thousand slaves are counted but as four hundred and twenty thousand persons, and add, on that account, two hundred and eighty thousand. This will give us a total of two millions six hundred and thirty-nine thousand three hundred inhabitants of every condition in the thirteen States, being two hundred and twenty-one thousand three hundred more than the enumeration of 1775, instead of seven hundred and ninety-eight thousand five hundred and nine less, which the English papers asserted to be the diminution of numbers in the United States, according to the confession of Congress themselves.
Page 272. "Comportera peut etre une population de thirty millions."
The territory of the United States contains about a million of square miles, English. There is, in them, a greater proportion of fertile lands than in the British dominions in Europe. Suppose the territory of the United States, then, to attain an equal degree of population with the British European dominions, they will have an hundred millions of inhabitants. Let us extend our views to what may be the population of the two continents of North and South America, supposing them divided at the narrowest part of the isthmus of Panama. Between this line and that of 50' of north latitude, the northern continent contains about five millions of square miles, and south of this line of division the southern continent contains about seven millions of square miles. I do not pass the 50th degree of northern latitude in my reckoning, because we must draw a line somewhere, and considering the soil and climate beyond that, I would only avail my calculation of it, as a make weight, to make good what the colder regions within that line may be supposed to fall short in their future population. Here are twelve millions of square miles, then, which, at the rate of population before assumed, will nourish twelve hundred millions of inhabitants, a number greater than the present population of the whole globe is supposed to amount to. If those who propose medals for the resolution of questions, about which nobody makes any question, those who have invited discussion on the pretended problem, Whether the discovery of America was for the good of mankind? if they, I say, would have viewed it only as doubling the numbers of mankind, and, of course, the quantum of existence and happiness, they might have saved the money and the reputation which their proposition has cost them. The present population of the inhabited parts of the United Stated is of about ten to the square mile; and experience has shown us, that wherever we reach that, the inhabitants become uneasy, as too much compressed, and go off in great numbers to search for vacant country. Within forty years their whole territory will be peopled at that rate. We may fix that, then, as the term beyond which the people of those States will not be restrained within their present limits; we may fix that population, too, as the limit which they will not exceed till the whole of those two continents are filled up to that mark, that is to say, till they shall contain one hundred and twenty millions of inhabitants. The soil of the country on the western side of the Mississippi, its climate, and its vicinity to the United States, point it out as the first which will receive population from that nest. The present occupiers will just have force enough to repress and restrain the emigrations to a certain degree of consistence. We have seen lately a single person go and decide on a settlement in Kentucky, many hundred miles from any white inhabitant, remove thither with his family and a few neighbors; and though perpetually harassed by the Indians, that settlement in the course of ten years has acquired thirty thousand inhabitants. Its numbers are increasing while we are writing, and the State, of which it formerly made a part, has offered it independence.
Page 280, line five. "Huit des onze Etats," &c. Say, "There were ten States present; six voted unanimously for it, three against it, and one was divided; and seven votes being requisite to decide the proposition affirmatively, it was lost. The voice of a single individual of the State which was divided, or of one of those which were of the negative, would have prevented this abominable crime from spreading itself over the new country. Thus we see the fate of millions unborn hanging on the tongue of one man, and heaven was silent in that awful moment! But it is to be hoped it will not always be silent, and that the friends to the rights of human nature will in the end prevail.
"On the 16th of March, 1785, it was moved in Congress that the same proposition should be referred to a committee, and it was referred by the votes of eight States against three. We do not hear that anything further is yet done on it."
Page 286. "L'autorité du Congrés etoit necessaire." The substance of the passage alluded to in the journal of Congress, May the 26th, 1784, is, "That the authority of Congress to make requisitions of troops during peace is questioned; that such an authority would be dangerous, combined with the acknowledged one of emitting or borrowing money; and that a few troops only being wanted to guard magazines and garrison the frontier posts, it would be more proper at present to recommend than to require."
Mr. Jefferson presents his compliments to M. de Meusnier, and sends him copies of the thirteenth, twenty-third, and twenty-fourth articles of treaty between the King of Prussia and the United States.
If M. de Meusnier proposes to mention the facts of cruelty of which he and Mr. Jefferson spoke yesterday, the twenty-fourth article will introduce them properly, because they produced a sense of the necessity of that article. These facts are, 1. The death of upwards of eleven thousand American prisoners in one prison ship (the Jersey), and in the space of three years. 2. General Howe's permitting our prisoners, taken at the battle of Germantown, and placed under a guard in the yard of the Statehouse of Philadelphia, to be so long without any food furnished them that many perished with hunger. Where the bodies laid, it was seen that they had eaten all the grass around them within their reach, after they had lost the power of rising, or moving from their place. 3. The second fact was the act of a commanding officer; the first, of several commanding officers, and for so long a time as must suppose the approbation of government. But the following was the act of government itself. During the periods that our affairs seemed unfavorable, and theirs successful, that is to say, after the evacuation of New York, and again, after the taking of Charleston, in South Carolina, they regularly sent our prisoners, taken on the seas and carried to England, to the East Indies. This is so certain, that in the month of November or December, 1785, Mr. Adams having officially demanded a delivery of the American prisoners sent to the East Indies, Lord Cærmarthen answered, officially, "That orders were immediately issued for their discharge." M. de Meusnier is at liberty to quote this fact. 4. A fact to be ascribed not only to the government, but to the parliament, who passed an act for that purpose in the beginning of the war, was the obliging our prisoners taken at sea, to join them, and fight against their countrymen. This they effected by starving and whipping them. The insult on Captain Stanhope, which happened at Boston last year, was a consequence of this. Two persons, Dunbar and Lowthorp, whom Stanhope had treated in this manner (having particularly inflicted twenty-four lashes on Dunbar), meeting him at Boston, attempted to beat him. But the people interposed and saved him. The fact is referred to in that paragraph of the Declaration of Independence, which says, "He has constrained our fellow-citizens, taken captive on the high seas, to bear arms against their country, to become the executioners of their friends and brethren, or to fall themselves by their hands." This was the most afflicting to our prisoners of all the cruelties exercised on them. The others affected the body only, but this the mind; they were haunted by the horror of having, perhaps, themselves shot the ball by which a father or a brother fell. Some of them had constancy enough to hold out against half allowance of food and repeated whippings. These were generally sent to England, and from thence to the East Indies. One of them escaped from the East Indies, and got back to Paris, where he gave an account of his sufferings to Mr. Adams, who happened to be then at Paris.
M. de Meusnier, where he mentions that the slave law has been passed in Virginia, without the clause of emancipation, is pleased to mention, that neither Mr. Wythe, nor Mr. Jefferson was present, to make the proposition they had meditated; from which, people, who do not give themselves the trouble to reflect or inquire, might conclude hastily, that their absence was the cause why the proposition was not made; and, of course, that there were not in the Assembly, persons of virtue and firmness enough to propose the clause for emancipation. This supposition would not be true. There were persons there, who wanted neither the virtue to propose, nor talents to enforce the proposition, had they seen that the disposition of the legislature was ripe for it. These worthy characters would feel themselves wounded, degraded, and discouraged by this idea. Mr. Jefferson would therefore be obliged to M. de Meusnier, to mention it in some such manner as this. "Of the two commissioners, who had concerted the amendatory clause for the gradual emancipation of slaves, Mr. Wythe could not be present, he being a member of the judiciary department, and Mr. Jefferson was absent on the legation to France. But there were not wanting in that Assembly, men of virtue enough to propose, and talents to vindicate this clause. But they saw, that the moment of doing it with success was not yet arrived, and that an unsuccessful effort, as too often happens, would only rivet still closer the chains of bondage, and retard the moment of delivery to this oppressed description of men. What a stupendous, what an incomprehensible machine is man! who can endure toil, famine, stripes, imprisonment, and death itself, in vindication of his own liberty, and, the next moment be deaf to all those motives whose power supported him through his trial, and inflict on his fellow men a bondage, one hour of which is fraught with more misery, than ages of that which he rose in rebellion to oppose. But we must await, with patience, the workings of an overruling Providence, and hope that that is preparing the deliverance of these, our suffering brethren. When the measure of their tears shall be full, when their groans shall have involved heaven itself in darkness, doubtless, a God of justice will awaken to their distress, and by diffusing light and liberality among their oppressors, or, at length, by his exterminating thunder, manifest his attention to the things of this world, and that they are not left to the guidance of a blind fatality."
[The following are the articles of the treaty with Prussia, referred to in the preceding observations.]
Article 13. And in the same case, of one of the contracting parties being engaged in war with any other power, to prevent all the difficulties and misunderstandings, that usually arise respecting the merchandise heretofore called contraband, such as arms, ammunition, and military stores of every kind, no such articles, carried in the vessels, or by the subjects or citizens of one of the parties, to the enemies of the other, shall be deemed contraband, so as to induce confiscation or condemnation, and a loss of property to individuals. Nevertheless, it shall be lawful to stop such vessels and articles, and to detain them for such length of time, as the captors may think necessary to prevent the inconvenience or damage that might ensue from their proceeding, paying, however, a reasonable compensation for the loss such arrest shall occasion to the proprietors; and it shall further be allowed to use, in the service of the captors, the whole or any part of the military stores so detained, paying the owners the full value of the same, to be ascertained by the current price at the place of its destination. But in the case supposed, of a vessel stopped for articles heretofore deemed contraband, if the master of the vessel stopped, will deliver out the goods supposed to be of contraband nature, he shall be admitted to do it, and the vessel shall not, in that case, be carried into any port, nor further detained, but shall be allowed to proceed on her voyage.
Article 23. If war should arise between the two contracting parties, the merchants of either country, then residing in the other, shall be allowed to remain nine months to collect their debts, and settle their affairs, and may depart freely, carrying off all their effects, without molestation or hindrance; and all women and children, scholars of every faculty, cultivators of the earth, artizans, manufacturers, and fishermen, unarmed, and inhabiting unfortified towns, villages, or places, and in general, all others whose occupations are for the common subsistence and benefit of mankind, shall be allowed to continue their respective employments, and shall not be molested in their persons, nor shall their houses be burned or otherwise destroyed, nor their fields wasted by the armed force of the enemy, into whose power, by the events of war, they may happen to fall; but if anything is necessary to be taken from them, for the use of such armed force, the same shall be paid for at a reasonable price And all merchant and trading vessels, employed in exchanging the products of different places, and thereby rendering the necessaries, conveniences, and comforts of human life more easy to be obtained, and more general, shall be allowed to pass free and unmolested. And neither of the contracting parties shall grant, or issue any commission to any private armed vessels, empowering them to take or destroy such trading vessels, or interrupt such commerce.
Article 24. And to prevent the destruction of prisoners of war, by sending them into distant and inclement countries, or by crowding them into close and noxious places, the two contracting parties solemnly pledge themselves to each other and the world, that they will not adopt any such practice; that neither will send the prisoners whom they may take from the other, into the East Indies or any other parts of Asia or Africa; but that they shall be placed in some part of their dominions in Europe or America, in wholesome situations, that they shall not be confined in dungeons, prison ships, nor prisons, nor be put into irons, nor bound, nor otherwise restrained in the use of their limbs. That the officers shall be enlarged, on their paroles, within convenient districts, and have comfortable quarters, and the common men be disposed in cantonments, open and extensive enough for air and exercise, and lodged in barracks as roomy and good, as are provided by the party in whose power they are, for their own troops; that the officers shall be daily furnished by the party, in whose power they are, with as many rations, and of the same articles and quality, as are allowed by them, either in kind or by commutation, to officers of equal rank in their own army; and all others shall be daily furnished by them, with such rations as they allow to a common soldier in their own service; the value whereof shall be paid by the other party, on a mutual adjustment of accounts for the subsistence of prisoners, at the close of the war; and the said accounts shall not be mingled with, or set off against any others, nor the balances due on them, be withheld as a satisfaction or reprisal for any other article, or for any other cause, real or pretended, whatever. That each party shall be allowed to keep a commissary of prisoners, of their own appointment, with every separate cantonment of prisoners in possession of the other, which commissary shall see the prisoners as often as he pleases, shall be allowed to receive and distribute whatever comforts may be sent to them by their friends, and shall be free to make his reports in open letters, to those who employ him. But if any officer shall break his parole, or any other prisoners shall escape from the limits of his cantonment, after they shall have been designated to him, such individual officer, or other prisoner, shall forfeit so much of the benefit of this article, as provides for his enlargement on parole or cantonment. And it is declared, that either the pretence that war dissolves all treaties, nor any other whatever, shall be considered as annulling or suspending this, or the next preceding article, but, on the contrary, that the state of war is precisely that for which they are provided, and during which they are to be as sacredly observed, as the most acknowledged articles in the law of nature and nations.
VI.
Answers to questions propounded by M. de Meusnier, Jan.
24th, 1786.
1. On the original establishment of the several States, the civil code of England, from whence they had emigrated, was adopted. This of course could extend only to general laws, and not to those which were particular to certain places in England only. The circumstances of the new States obliged them to add some new laws, which their special situation required, and even to change some of the general laws of England in cases which did not suit their circumstances or ways of thinking. The law of descents, for instance, was changed in several States. On the late revolution, the changes which their new form of government rendered necessary were easily made. It was only necessary to say that the powers of legislation, the judiciary, and the executive powers, heretofore exercised by persons of such and such description, shall henceforth be exercised by persons to be appointed in such and such manners. This was what their constitution did. Virginia thought it might be necessary to examine the whole code of law, to reform such parts of it as had been calculated to produce a devotion to monarchy, and to reduce into smaller volume such useful parts as had become too diffuse. A committee was appointed to execute this work; they did it; and the Assembly began in October, 1785, the examination of it, in order to change such parts of the report as might not meet their approbation, and to establish what they should approve. We may expect to hear the result of their deliberations about the last of February next.
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 Convention of Virginia which organized their new government, had been chosen before a separation from Great 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 though no general change in it has been made, yet its effect has been controlled 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:
| New Hampshire | $500,000 |
| Rhode Island | 5,000,000 |
| Massachusetts | 430,000 |
| Connecticut | 3,439,086⅔ |
| Virginia | 2,300,000. |
| United States' principal of Foreign debt nearly | $7,000,000. |
| The principal of the Domestic debt is somewhere between 27½ millions and 35¼ millions, call it therefore | 31,300,000. |
| $38,300,000. |
The other States not named here, are probably indebted in the same proportion to their abilities. If so, and we estimate their abilities by the rule of quotaing them those eight States will owe about fourteen millions, and consequently the particular debts of all the States will amount to twenty-five or twenty-six 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 endeavor to lay taxes sufficient to pay the interest of both of these, and to support their own and the Federal Government. These taxes are generally about one or one and a-half per cent. on the value of property; and from two and a-half to five per cent. on foreign merchandise imported. But the payment 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 households. They cannot as yet, therefore, bear heavy taxes. For the payment 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, and of course an increase of productions 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 and New York.
7. Nothing is decided as to Vermont. The four northernmost States wish it to be received into the Union. The Middle and Southern States are rather opposed to it. But the great difficulty arises with New York, which claims that territory. In the beginning every individual 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 familiarizing to the idea of a separation, and I think it will not be long before they will consent to it. In that case, the Southern and Middle States will doubtless acquiesce, and Vermont will be received into the Union.
8. LeMaine, a part of the government of Massachusetts, but detached from it, (the State of New Hampshire lying between,) begins to desire to be separated. They are very weak in numbers as yet: but whenever they shall attain a certain degree of population, there are circumstances which render it highly probable they will be allowed to become a separate member of the Union.
9. 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, and Carolina boundary. Within this lies Kentucky. I believe that their numbers are sufficient already to entitle them to come into Congress. And their reception there will only increase the delay necessary for taking the consent of the several Assemblies. There is no other new State as yet approaching the time of its reception.
10. The number of Royalists which left New York, South Carolina and 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. 1. To establish a general rule for the admission of new States into the Union. By the confederation no new States, 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 Confederation, in its eighth article, decides that the quota of money to be contributed by the several States shall be proportioned to the value of the landed property in the State. Experience has shown it impracticable to come at this value. Congress have therefore recommended to the States to agree that their quotas shall be in proportion to the number of their inhabitants, counting five slaves, however, but as equal to three 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 of commerce, or of any other nature, with foreign nations: and it authorizes Congress to establish such treaties, with two reservations however, viz., that they shall agree to no treaty which would, 1. restrain the legislatures from imposing such duties on foreigners as natives are subject 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 commerce so far as it can be effected by conventions with other nations, and by conventions which do not infringe the two fundamental 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 regulated 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 observing how far the commerce of France and 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 withdrawing 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 molestation to that commerce which is defended by the treaty. Thus, though 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 prohibit the importation of French wines, particularly while they allow wines to be brought in from other countries. They cannot impose heavier duties 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 imperfect machines for regulating commerce in the detail. The principal objects in the regulation of our commerce would be: 1. to lay such duties, restrictions, or prohibitions on the goods of any particular nation, as might oblige that nation to concur in just and 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 separately, 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 Massachusetts, from whence they will be smuggled into New Hampshire by land. But though Massachusetts were willing to concur with New 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 New York, nor New York without New Jersey, and so on quite to Georgia. It is visible, therefore, 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 States 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 patriæ. Merchants are the least virtuous, and possess the least of the amor patriæ. The latter reside principally in the seaport towns, the former in the interior country. Now, it happened that of the territory constituting Rhode Island and Connecticut, the part containing the seaports was erected into a State by itself, called Rhode Island, and that containing the interior country was erected into another State called Connecticut. For though 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 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 agriculture. All exercise some species of commerce. This circumstance 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 ancient articles. But the dangers and 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 will receive as much real money as the paper was actually worth at the time they received it, and an interest of six per cent. from the time they received it. Its worth will be found in the depreciation table of the State wherein it was received; these depreciation tables having been formed according to the market price of the paper money at different epochs.
13. Those who talk of the bankruptcy of the United States, are of two descriptions: 1. Strangers who do not understand the nature and 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 forty dollars of it would purchase only one silver dollar, Congress endeavored to correct the progress of that depreciation by declaring they would emit no more, and would redeem what was in circulation at the rate of one dollar of silver for forty of paper; this was called by the brokers in paper money, a bankruptcy. Yet these very people who 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 silver into forty. If it were decided that the United States 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 and true worth of the sums emitted by Congress and by the several States) that a debt, which in its just amount is not more, perhaps, than six millions of dollars, would amount up to four hundred millions, and instead of assessing every inhabitant with a debt of about two dollars, would fix on him thirty guineas, which is considerably 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 United States, which were stated under the third 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. 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 regiments to garrison the posts along the Northern boundary of the United States.
16. The United States do not own, at present, a single vessel of war; nor has Congress entered into any resolution on that subject.
17. I conjecture there are six hundred and fifty thousand negroes in the five southernmost States, and not fifty thousand 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 respectable portion to the whole in numbers and weight of character, and 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 and North Carolina a very few are disposed to emancipate. In South Carolina and Georgia, not the smallest symptom of it, but, on the contrary, these two States, and North Carolina, continue importations of negroes. These have been long prohibited in all the other States.
18. In Virginia, where a great proportion of the legislature consider the constitution but as other acts of legislation, laws have been frequently passed which controlled its effects. I have not heard that in the other States they have ever infringed their constitution, and 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 constitution, and 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, correcting some defects which have been observed in the act 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.
19. 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 constitution. The causes of these were explained in the preceding article.
20. Broils among the States may happen in the following ways: 1. A State may be embroiled with the other twelve by not complying 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, and whatever else may arise between any two nations, with respect to these, there are two opinions. One that they are to be decided according to the ninth article of the confederation, 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 impotent 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 as 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 themselves, 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 probably coerce by a naval force, as being more easy, less dangerous to liberty, and less likely to produce much bloodshed.
It has been said, too, that our governments, both federal and particular, want energy; that it is difficult to restrain both individuals and States from committing wrong. This is true, and it is an inconvenience. On the other hand, that energy which absolute governments derive from an armed force, which is the effect of the bayonet constantly held at the breast of every citizen, and which resembles very much the stillness of the grave, must be admitted also to have its 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 Virginia, the sums sequestered in the treasury remain precisely as they did at the conclusion of the peace. The British having refused 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. Individuals, 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 twenty or thirty 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 and annual payments.
VII.
Notes on M. Soulés' work.
Paris, Sept. 13th, 1786.
Sir,—Before the receipt of your favor of the 11th inst. I had written the enclosed short notes on such parts of your work as I have been yet able to go over. You will perceive that the corrections are very trifling. Such as they are, I will continue them, and forward them to you from time to time as I get along. I will endeavor also to answer such of the queries you propose in your letter as my memory will enable me to do with certainty. Some of them I shall be unable to answer, having left in America all my notes, memorandums, &c., which might have enabled me to give you the information you desire. I have the honor to be, with the most esteem and respect, sir,
Your most obedient humble servant.
Th: Jefferson.
M. Soulés.
Answers to the queries of M. Soulés.
I am unable to say what was the number of Americans engaged in the affair of Bunker's Hill. I am able, however, to set right a gross falsehood of Andrews. He says the Americans there engaged were constantly relieved by fresh hands. This is entirely untrue. Bunker's Hill (or rather Breed's hill whereon the action was) is a peninsular joined to the main land by a neck of land almost level with the water, a few paces wide, and about one or two hundred toises long. On one side of this neck lay a vessel of war, and on the other several gun-boats. The body of our army was on the main land, and only a detachment had been sent into the peninsular. When the enemy determined to make the attack, they sent the vessel of war and gun-boats to take the position, before mentioned, to cut off all reinforcements, which they effectually did. Not so much as a company could venture to the relief of the men engaged, who therefore fought through the whole action, and at length were obliged to retire across the neck through the cross-fire of the vessels before mentioned.
"On the fall of Montgomery and his aids at Quebec, there were present Colonel Campbell and Major Dubois. Campbell, though having the rank of colonel, was only of the staff; Dubois was of the line. The usage of all nations, therefore, authorized the latter to take the command. But it was a case for which Congress had not yet provided. Campbell availed himself of this; and believing, on the sight of blood, that all was lost, ordered a retreat."
The speech to the Indians, in Andrews', page 357, is a little altered and abridged. You will find the genuine one in the Journal of Congress, of July, 1775. I do not distinctly enough recollect the anecdote of the old man's company, related by Andrews, to affirm it in all its parts. I think I recollect in general that there was such a company.
The questions relative to General Thomas, I could only have answered indistinctly from my own memory: but fortunately there came to Paris a few days ago, and will yet continue there a few days, a Colonel Blackden, an American officer of good understanding and of truth, and who was at the latter part of the affair of Quebec. He was at the surprise of Ticonderoga by Allen, and continued with the army until 1781. I have spoken with him on this subject, and find that he possesses treasures of details, which will be precious to M. Soulés. Any day that M. Soulés will do me the honor to come and take a famille soupe with me, (after the 16th instant,) if he will give me notice in the morning, I will ask Colonel Blackden to meet him here, and will make them acquainted. He is perfectly disposed to give all the information in his power to M. Soulés, and whatever he gives may be relied on. To him, then, I shall refer M. Soulés for answers to his military questions, and will wait his orders, recommending despatch, as Colonel Blackden has not long to stay.
The Stamp Act was passed in February, 1765.
What powers the Parliament might rightfully exercise over us, and whether any, had never been declared either by them or us. They had very early taken the gigantic step of passing the Navigation Act. The colonies remonstrated violently against it, and one of them, Virginia, when she capitulated to the commonwealth of England, expressly capitulated for a free trade. [See the articles on the Notes on Virginia, p. 201.] This capitulation, however, was as little regarded as the original right, restored by it, had been. The navigation act was re-enacted by Charles, and was enforced. And we had been so long in the habit of seeing them consider us merely as objects for the extension of their commerce, and of submitting to every duty or regulation imposed with that view, that we had ceased to complain of them. But when they proposed to consider us as objects of taxation, all the States took the alarm. Yet so little had we attended to this subject, that our advocates did not at first know on what ground to take their stand. Mr. Dickenson, a lawyer of more ingenuity than sound judgment, and still more timid than ingenious, not daring to question the authority to regulate commerce so as best to answer their own purpose, to which we had so long submitted, admitted that authority in its utmost extent. He acknowledged * * * * * that they could levy duties, internal or external, payable in Great Britain or in the States. He only required that these duties should be bonâ fide for the regulation of commerce, and not to raise a solid revenue. He admitted, therefore, that they might control our commerce, but not tax us. This mysterious system took, for a moment, in America as well as in Europe. But sounder heads saw in the first moment, that he who could put down the loom, could stop the spinning wheel, and he who could stop the spinning wheel could tie the hands which turned it. They saw that this flimsey fabric could not be supported. Who were to be judges whether duties were imposed with a view to burthen and suppress a branch of manufacture, or to raise a revenue? If either party, exclusively of the other, it was plain where that would end. If both parties, it was plain where that would end also. They saw, therefore, no sure clue to lead them out of their difficulties but reason and right. They dared to follow them, assured that they alone could lead them to defensible ground. The first elements of reason showed that the members of Parliament could have no power which the people of the several counties had not. That these had naturally a power over their own farms, and, collectively, over all England. That if they had any power over counties out of England, it must be founded on compact or force. No compact could be shown, and neither party chose to bottom their pretensions on force. It was objected that this annihilated the navigation act. True, it does. The navigation act, therefore, becomes a proper subject of treaty between the two nations. Or if Great Britain does not choose to have its basis questioned, let us go on as we have done. Let no new shackles be imposed, and we will continue to submit to the old. We will consider the restrictions on our commerce, now actually existing, as compensations yielded by us for the protection and privileges we actually enjoy, only trusting that if Great Britain, on a revisal of these restrictions, is sensible that some of them are useless to her and oppressive to us, she will repeal them. But on this she shall be free. Place us in the condition we were when the king came to the throne, let us rest so, and we will be satisfied. This was the ground on which all the States very soon found themselves rallied, and that there was no other which could be defended.
I will now proceed with remarks on the history. I do not think that M. Soulés mentioned the affair of the Cedars, which happened in April, 1775. This was an affair of no small importance. A committee was appointed by Congress to institute inquiries concerning it, as may be seen by the journal of June 14, 1776. The report of that committee is inserted in the journal of July the 10th, and I can assure M. Soulés, that the facts therein stated were proved unhesitatingly to the committee by witnesses present at the transactions, and who were on watch. I have the originals of that inquiry in my possession in America. The Captain Foster therein mentioned, was afterwards taken with Burgoyne's army, though permitted to go at large on his parole. He was not received into any American company, nor did the British officers, his fellow-prisoners, choose to be seen in company with him—so detestable had been the transaction, &c. Vol. i. p. 324. I have been very well informed, that during all the latter part of the defence, the garrison were obliged to return the cannon balls of the enemy, with which, indeed, the ground was covered, having none of their own left.
Page 325. "Il Peut un Serjent," &c. This particular truly related in Andrews.
Page 5. "Ils en vinrent," &c. See the journal of Congress. That it was on that day put off to the 1st of July. This was done at the instance of the members opposed to it. The friends of the resolution objected, that if it were not agreed to till the 1st of July, they would after that have to frame a Declaration of Independence, and that more time would then be lost. It was therefore agreed between the two, that the resolution should be put off till the 1st of July; and that a committee should be immediately appointed to draw a Declaration of Independence, conformable to the resolution, should it be adopted. A committee was accordingly appointed the next day. On the 1st of July the resolution was proposed, and when ready for a vote, a State required it to be put off till the next day. It was done, and was passed the next day, 2d of July. The Declaration of Independence was debated the 2d, 3d and 4th days of July, and on the last of these was passed and signed.
Page 6th. A "se retirèrent ensuite du Congres." I do not remember that the delegates of Maryland retired from Congress, and I think I could not have forgotten such a fact. On the contrary, I find by the journal of Congress, that they were present, and acting on the 11th, 12th, 17th, 18th and 24th of June.
Page 7. A "la plus grande partie." It should rather be the most important parts.
Page 7, 6. "Les états ferraient encore aujourd'hui partie de l'empire Britannique." M. Soulés may be assured that the submission of the States could not have been effected but by a long course of disasters, and such, too, as were irreparable in their nature. Their resources were great, and their determination so rooted, that they would have tried the last of them. I am as satisfied as I can be of anything, that the conjecture here stated would not have been verified by the event.
Page 14. "Provinces unis," should not this always be "états unis?"
Page 15. "Mais qu'on pouvoir aussi les interpreter," &c. His exact answer was, "That it was true the, &c. might include anything, but that might also include nothing."
Page 16. "Tant de confiance," &c. Their main confidence was in their own resources. They considered foreign aid as probable and desirable, but not essential. I believe myself, from the whole of what I have seen of our resources and perseverance, that had we never received any foreign aid, we should not have obtained our independence. But that we should have made a peace with Great Britain on any terms we pleased short of that, which would have been a subjection to the same king, a union of force in war, &c. 2. That had France supplied us plentifully with money, suppose about four millions of guineas a year, without entering into the war herself at all, we should have established our independence, but it would have cost more time and blood, but less money. 3. That France, aiding us as she did, with money and forces, shortened much the time, lessened the expense of blood, but at a greater expense of money to her than would have otherwise been requisite.
Page 18. "L'extremité septentrional," &c. I think the word "cotè" would be better adapted than "extremité" to the form of the island.
Page 21. "3000 hommes," inquire of Colonel Blackden.
Perhaps the propositions of Congress to the Hessians may be worth mentioning. See their journals, 1776, Aug. 14.
I will make a general observation here on the events of Long Island, New York, &c., at this time. The maxim laid down by Congress to their generals was, that not a foot of territory was to be ceded to their enemies where there was a possibility of defending it. In consequence of these views, and against his own judgment, General Washington was obliged to fortify and attempt to defend the city of New York. But that could not be defended without occupying the heights on Long Island which commanded the city of New York. He was therefore obliged to establish a strong detachment in Long Island to defend those heights. The moment that detachment was routed, which he had much expected, his first object was to withdraw them, and his second to evacuate New York. He did this, therefore, immediately, and without waiting any movement of the enemy. He brought off his whole baggage, stores and other implements, without leaving a single article except the very heaviest of his cannon and things of little value. I well remember his letter to Congress, wherein he expressed his wonder that the enemy had given him this leisure, as, from the heights they had got possession of, they might have compelled him to a very precipitate retreat. This was one of the instances where our commanding officers were obliged to conform to popular views, though they foresaw certain loss from it. Had he proposed at first to abandon New York, he might have been abandoned himself. An obedience to popular will cost us an army in Charleston in the year 1779.
Page 30. "Une fuite precipiteé." It was a leisurely retreat as I have before observed.
Page 41. "Que je n'ai prie obtener que d'un anglais." Colonel Blackden can probably give M. Soulés good intelligence on this affair. I think I recollect the slaughter on Kniphauser's side to have been very great.
Volume 3. "Si dans son institution," &c.
This is a luminous idea, and worthy of being a little more developed. It places the question between Great Britain and America in the simplest form possible. No Englishman will pretend that a right to participate in government can be derived from any other source than a personal right, or a right of property. The conclusion is inevitable that he, who had neither his person nor property in America, could rightfully assume a participation in its government.
Page 17. The seeds of the war are here traced to their true source. The tory education of the King was the first preparation for that change in the British government which that party never ceases to wish. This naturally ensured tory administrations during his life. At the moment he came to the throne and cleared his hands of his enemies by the peace of Paris, the assumptions of unwarrantable right over America commenced. They were so signal, and followed one another so close, as to prove they were part of a system, either to reduce it under absolute subjection, and thereby make it an instrument for attempts on Britain itself, or to sever it from Britain, so that it might not be a weight in the whig scale. This latter alternative, however, was not considered as the one which would take place. They knew so little of America, that they thought it unable to encounter the little finger of Great Britain. M. de Soulés has well developed this subject. He is best judge whether anything more need be said on this subject.
Page 43. "Se le ministere anglais avoit eu la patience d'attendre," &c.
Having seen and intimately known the positions of the Americans at that moment, I am certain that this conjecture would not have been verified. The determined resolution with which they met every effort of the ministry, whether made in the form of force, fraud, or persuasion, gives us a moral certainty they would have been equally immoveable, if tried in the way of privation here proposed.
Page 51. The substitution of Gage for Hutchinson was not intended as a favor, but, by putting the civil government into military hands, was meant to show they would enforce their measures by arms. See page 109, where Congress makes it one of their grievances.
Page 102. "Plusieurs criminals," &c. Notwithstanding the laws the English made, I think they never ventured to carry a single person to be tried in England. They knew that reprisals would be made, and probably on the person of the governor who ventured on the measure.
Page 149. The fact that the English commenced hostilities at Lexington being proved beyond question by us, and even acknowledged by the English, justice requires it should be plainly asserted and left clear of doubt. Few of the facts which history asserts and relies on, have been so well established.
Page 150. "L'humanité des Britons." I doubt whether this is the character of the nation in general. But this history, and every one which is impartial, must in its relation of this war show, in such repeated instances, that they conducted it, both in theory and practice, on the most barbarous principles, that the expression here cited will stand in contradiction to the rest of the work. As examples of their theory, recollect the act of Parliament for constraining our prisoners, taken on the sea, to bear arms against their fathers, brothers, &c. For their practice, recollect the exciting the savages against us, insurrections of our slaves, sending our prisoners to the East Indies, killing them in prison ships, keeping them on half rations, and of the most unwholesome quality, cruel murders of unarmed individuals of every sex, massacres of those in arms after they had asked quarters, &c., &c.
Page 150. "A cé que l'on dét à 20,000 hommes." It was of 22,000 men. I was in a situation to know the fact from General Washington's own information.
Page 158. 1. 8. Strike out "ét probablement," and insert "mais veritablement." I remember the fact well, and the leading persons of Connecticut, and particularly their delegates in Congress made no secret, that their object was to overawe New York into its duty. Page 159. "Et fut resolvè de la reduire [i. e., nouvelle York] en cendre." This was proposed and considered in Congress, but they refused to come to this resolution, nor do I recollect that any other body resolved it.
Page 163. Doctor Franklin has been called by that title as early as 1760, within my own knowledge; I do not know how much longer.
His quality in France was that of Minister Plenipotentiary, and not as Ambassador. We have never appointed an Ambassador. France offered to receive one.
Page 166. The English set fire to Charleston. Query, as to the number of their killed.
Page 180. 181. Gates was and still is an inhabitant of Virginia. He never lived in any other State.
Page 190. "M. Arnold avoit formé une entreprise," &c. I never understood that he formed this enterprise, nor do I believe he did. I heard and saw all General Washington's letters on this subject. I do not think he mentioned Arnold as author of the proposition, yet he was always just in ascribing to every officer the merit of his own works; and he was disposed particularly in favor of Arnold. This officer is entitled to great merit in the execution, but to ascribe to him that of having formed the enterprise, is probably to ascribe to him what belongs to General Washington or some other person.
Page 209. "Et qu' il ne leur fut plus permis de lever la milice, &c." They had formerly had a law on the subject of invasions and insurrections, which was of a perpetual tenor. They altered this law by one which was to be in force for a certain term of years only. That term of years effluxed at this time, the altering law expired, and therefore, the old one resumed its vigor. It was very imperfect, yet they chose to act under the color of that rather than without any color of law.
Page 216. "Dont elles se plaignorent." This seems to be the proper place to rectify a small error in the arrangement of facts, and to state the answer to the conciliatory proposition, which was, in truth, the first work of the Assembly. I have not here the journals of the Assembly, but there are certain circumstances which render it impossible for my memory to lead me astray. I was under appointment to attend the general Congress; but knowing the importance of the answer to be given to the conciliatory proposition, and that our leading whig characters were then in Congress, I determined to attend on the Assembly, and, though a young member, to take on myself the carrying through an answer to the proposition. The Assembly met the 1st of June. I drew and proposed the answer, and carried it through the house with very little alteration, against the opposition of our timid members who wish to speak a different language. This was finished before the 11th of June, because on that day, I set out from Williamsburg to Philadelphia, and was the bearer of an authenticated copy of this instrument to Congress. The effect it had in fortifying their minds, and in deciding their measures, renders its true date important; because only Pennsylvania had as yet answered the proposition. Virginia was the second. It was known how Massachusetts would answer it, and the example of these three principal colonies would determine the measures of all the others, and of course the fate of the proposition. Congress received it therefore, with much satisfaction. The Assembly of Virginia did not deliver the answer to Lord Dunmore till late in the session. They supposed it would bring on a dissolution of their body whenever they should deliver it to him; and they wished previously to get some important acts passed. For this reason they kept it up. I think that Lord Dunmore did not quit the Metropolis till he knew that the answer framed by the house was a rejection of the proposition, though that answer was not yet communicated to him regularly.
Page 231. "Quelques certaines de blancs." These were composed principally of Scotch merchants and factors, and some few English, who had settled in the country. I doubt whether there was a single native among them. If M. Soulés could therefore characterize more particularly who they were who joined Lord Dunmore, it would be an agreeable act of justice to the natives.
Page 283. "Les Americains qui avoit joint Milord Dunmore." The same observation applies to this.
Page 245. "Pendant l'eté, le congres general avoit eté occupé à dresser un plan pour former une confederation." It is necessary to set to rights here a fact which has been mistaken by every person who has written on this subject. I will do it from a perfect recollection of facts, but my memory does not enable me to state the date exactly. I was absent from Congress from the beginning of January, 1776, to the middle of May. Either just before I left Congress, or immediately on my return to it, (I rather think it was the former,) Doctor Franklin put into my hands the draught of a plan of Confederation, desiring me to read it, and tell him what I thought of it. I approved it highly. He showed it to others. Some thought as I did; others were revolted at it. We found it could not be passed, and the proposing it to Congress as the subject for any vote whatever would startle many members so much, that they would suspect we had lost sight of reconciliation with Great Britain, and that we should lose much more ground than we should gain by the proposition. Yet, that the idea of a more firm bond of union than the undefined one under which we then acted might be suggested and permitted to grow, Doctor Franklin informed Congress that he had sketched the outlines of an instrument which might become necessary at a future day, if the minority continued pertinacious, and would ask leave for it to lay on the table of Congress, that the members might in the meantime be turning the subject in their minds, and have something more perfect prepared by the time it should become necessary. This was agreed to by the timid members, only on condition, that no entry whatever should be made in the journals of Congress relative to this instrument. This was to continue in force only till a reconciliation with Great Britain. This was all that ever was done or proposed in Congress on the subject of a Confederation before June 1776, when the proposition was regularly made to Congress, a committee appointed to draw an instrument of Confederation, who accordingly drew one, very considerably differing from the sketch of Doctor Franklin.
Page 294. "Il est á croire qu'il y avoit quelque convention." It is well known that there was such a convention. It was never made a secret of, on our part. I do not exactly recollect its terms, but I believe they were what M. Soulés states.
Page 301. "La petite verole." I have been informed by officers who were on the spot, and whom I believe myself, that this disorder was sent into our army designedly by the commanding officer in Quebec. It answered his purpose effectually.