hence leaves us with only six states and of course stops all business. We have no certain prospect of nine within a given time; chance may bring them in, and chance may keep them back, in the meantime only a little over two months remain for their assembling, ratifying & getting the ratification across the Atlantic to Paris. All that can be said is that it is yet possible. It is well known that Great Britain wished to postpone the conclusion of the treaty. Her reasons we know not, but she certainly knew that a great continental war was kindling, and that France our principal support would be probably deeply engaged in it. It is not impossible then but she might hope for some favorable opportunity of changing the face of the treaty. If the ratifications are not there by the day she will have too much ground for objection to the validity of the treaty, and to ratify or not as she pleases. As every circumstance of distress will render her the easier on this point, we are pleased with the intelligence of the day which is that she has actually landed twenty-one regiments in Ireland, it comes by a ship from London to Baltimore, & from thence here, but Baltimore has not been famed for the truth of its intelligence. REPORT ON RATIFICATION OF TREATY.1 J. MSS. [December 27, 1783.] Resolved that however earnestly and anxiously Congress wish to proceed to the ratification of the Definitive treaty, yet Resolved that Congress consisting at present of seven states 1 There is no record in the Journals of Congress of the appointment of the committee who made this report. It was probably the same that later reported only they are ought not to undertake that ratification-of-the Definitine treaty without proper explanations. 1. Because the 9th article of Confederation takes from 1. Because by the usage of modern nations it is now established them the power, by declaring that Congress shall that the ratification of a treaty by a Sovereign power is the not enter into any treaty unless nine states assent essential act which gives it validity; the signature of the to the same ministers, notwithstanding their plenipotentiary com mission, being understood as placing it, according to the phrase of the writers on this subject, subsparati only & as leaving to each sovereign an acknowledged right of rejection. -2. Because it would be a precedent replete with 2. Because ratification being an act of so much energy and danger to these states, as under that on future substance the authority to perform it is reserved to occasions seven states in opposition to six-may nine States by those words in the ninth article of ratify treaties entered into by ministers in Confederation which declare that Congress shall not enter direct opposition to their instructions though such instructions should have had the con into any treaty unless nine States assent currence of nine states to the same? 3. Because by the terms 'entering into a treaty' the Confederation must have intended that the assent of nine states should be necessary to the it's completion as well as to the it's commencement; of a treaty; it's the object having been to guard the rights of the Union in all those important cases wherein it has required the as sent of nine states; is required: whereas by admitting the contrary construction, seven states containing less than one third of the citizens of the Union, in opposition to six containing more than two the form of ratification, consisting of Jefferson, Gerry, Ellery, Read, and Hawkins. See Jefferson's Autobiography (1, 76-8). The report is printed from the rough draft in Jefferson's handwriting. No copy can be found in the files of the Continental Congress papers, nor is it printed in Wharton's Revolutionary Diplomatic Correspondence. thirds, may fasten on them a treaty, commenced indeed under the ee instru commission & instructions from nine states but concluded by the negotiators in express contradiction to such instructions and in direct sacrifice of their interests of so great a majority. 4. Because if 7 states be incompetent generally to the ratifica, tion of a treaty they are not made competent in this particular instance by the circumstances of the ratification of the provisional articles by nine states and in the instructions to our ministers to form a definitive one by them and their actual agreement in substance; for either these circumstances are in themselves a ratification, or are not, if they are, nothing further is requisite than to give attested copies of them in exchange for the British ratification; if they are not, then we remain where we were, without a ratification of by 9 states, and incompetent to ratify ourselves. [The next line is illegible but erased.] 5. Because the seven states now present in Congress saw this question in the same point of view only 4 days ago when by their unanimous resolution they declared that the assent of nine states was requisite to ratify this treaty and urged this as a reason to hasten forward the absent states. 6. Because such a ratification would be rejected by the other contracting party as null & unauthorized, or, if attested to them by the seal of the states without apprising them that it has been accredited- expedited by order of seven states only, it will be a breach of faith in us, a prostitution of our seal, & a future ground, when that circumstance shall become known, of denying the validity, of a ratification into which they shall have been so surprised. 7. Because there being still 67. days before the exchange of ratifications is requisite and states only wanting to render us competent, we have the we may yet hope the presence of 9 states in time strongest presumptions that the measures taken by Congress will bring them forward in time for ratification & for it's passage across the Atlantic. And 8. because should we be disappointed in this hope, the ratification will yet be placed on more honorable and defensible ground if made by 9. states as soon as so many shall be present, and then sent for exchange, urging in it's support the small importance of an exchange of ratifications, a few days sooner or later, the actual impossibility of an earlier compliance, and that failures produced by circumstances not under the controul of the parties either in points so immaterial ean never affect the validity of a treaty as to call for no compensation, or in those which are material and admit of compensation, can never affect the validity of the treaty itself. TO THE GOVERNOR OF VIRGINIA. V. S. A. ANNAPOLIS, Dec. 31, 1783. SIR, Letters from Holland from the middle to the last of September inform us that the citizens of the Dutch states are all in commotion. The conduct of the Prince of Orange having been such as greatly to strengthen the republican party, they are now pressing in the firmest tone a restoration of their constitutional rights. Friesland, as usual, leads the way. They have demanded of the sovereign assembly of the states that the power of the Stadtholder to change or reinforce the garrisons be limited or taken away, and that themselves be authorized to exercise in arms for the defence of their country: of 80000 men able to bear arms among them it is believed scarcely any will refuse to sign this demand. The Hollanders have referred to a Committee in their last assembly the examination of the power by which the prince undertakes to appoint flag officers of their fleet, and that he be desired to abstain from the exercise of it. There happens to be vacant the place of admiral. The other states seem to be in the same temper, and are now regularly exercising themselves in arms under the ensigns of their respective towns. Tho each state is to chuse their Stadtholder out of the Orange family they consider themselves not bound to chuse the eldest, and of course that they may chuse different ones. The state of Europe at present seems favorable to the republican party, as the powers who might aid the prince are either fatigued with the late war, or likely to be engaged in the ensuing one. We have yet but seven states, and no more certain prospects of nine than at any time heretofore. We hope that the letters sent to the absent states will bring them forward. TO JAMES MADISON. MAD. MSS. ANNAPOLIS, Jan. 1, 1784. DEAR SIR,-Your favour of the 10th 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 VOL. III.-24 |