The note which I delivered you contained an acknowledgment of my having borrowed from you a draught for 333 dollars and a promise to repay it on demand. This was exclusive of what I had borrowed in Philadelphia. We have never yet had more than 7. states, and very seldom that, as Maryland is scarcely ever present, and we are now without a hope of it's attending till February. Consequently having six states only, we do nothing. Expresses & letters are gone forth to hasten on the absent states that we may have 9. for a ratification of the definitive treaty. Jersey perhaps may come in, and if Beresford will not come to Congress, Congress must go to him to do this one. act. Even now it is full late. The critical situation in which we are like to be gave birth to an idea that 7. might ratify. But it could not be supported. I will give you a further account of this when it shall be finally settled. The letters of our ministers inform us that the two empires have formed a league defensive against Christian powers & offensive ag the Turks. When announced by the Empress to the K. of Prussia he answered that he was very sensible on it as one is when informed of important things. France answered in a higher tone and offered to mediate. If Prussia will join France perhaps it may prevent the war: if he does not, it will be bold for France alone to take the aid of the Turks on herself. Ireland is likely to find employment for England. The United Netherlands are in high fermentation. The people now marshall themselves in arms and exercise regularly under the banners of their towns. Their object is to reduce the powers of the Stadtholder. I have forwarded your letter to Mrs. House. Mrs. Trist I expect left Philadelphia about the 18th of Dec. for Pittsburgh. I had a letter from her in which she complained of your not having written and desired me to mention it to you. I made your excuse on the good grounds of the delays you must have experienced on your journey & your distance from the post road: but I am afraid she was gone before my letter reached Philadelphia. I have had very ill health since I have been here and am getting rather lower than otherwise. 1 The rough draft is endorsed: "No. 9. Motion of Mr. Jefferson Jany. 21784. Referred to Mr. Jefferson, Mr. Williamson, Mr. Read, Mr. Gerry, Mr. Howell, for ratification of def. treaty. Jany 14. 1784, rendered useless by the ratification this day by 9 states. To be filed." See Jefferson's Autobiography (1, 698). The fair copy is endorsed Report of Mr. Jefferson relative to ratification of Defn. treaty read Jan. 3, 1784." fore that period little more time than is requisite for the passage of the said ratification across the Atlantic; and Congress consisting at present but of 7 states these differ in opinion, some of them considering 9, as requisite under the Confederation to the establishment of every treaty, while others are of opinion that 9, having ratified the Provisional treaty and instructed their ministers to enter into a definitive one conformable thereto, which is accordingly done, seven may under these particular circumstances ratify what has been so declared by 9 to have their approbation; and those of the former opinion being equally desirous with the latter that no power which may be supposed they possess should remain unexercised for the final ratification of this instrument, provided it may be done with the preservation of good faith towards the other contracting party, and without importing that Congress has given any express opinion that the sd ratification is be or be not authorized by the Confederation. period little more time than is requisite for the passage of the sd ratification across the Atlantic; and Congress consisting at present but of 7. states, these differ in opinion, some of them considering 9. states as requisite under the Confederation to the establishment of every treaty while others are of opinion that the provisional treaty nine states having ratified the Provisional treaty, and having instructed their Ministers to enter into a definitive one conformable thereto which is accordingly done, seven states may under these particular circumstances ratify what has been so declared by nine-states-to have their approbation; and those of the former opinion being equally desirous with the latter that no power which it may be supposed they possess should remain unexercised for the final ratification of this instrument estabHishment of peace provided it may be done with good faith the preservation of good faith towards the other contracting party and without being supposed to conveying any opinion of Congress that such ratification is authoritative, which supposition would be contrary to truth: Resolved therefore that the states now present in Congress do declare their approbation and so far as they have power, their ratification of the sd treaty, that the (same) Ratification in the usual Form be duly attested under the seal of the States and transmitted to our ministers with instructions to keep the same uncommunicated & to propose to the other contracting party a convention extending the time for the exchange of ratifications 3 months further: that the sd ministers be informed that so soon as 9 states shall be present in Congress the said treaty shall be submitted to them & their ratification when obtained shall be transmitted also: that if they should receive the ratification by 9 states before the ultimate point of time allowed for exchange this alone be used & the former cancelled: that if it should not be received in time, they then produce the act of the 7 states, & give the same in Exchange, informing the other contracting party, that the sd treaty came to hand when Congress was not in session that 7 states only had not assembled, that this ratification has been expedited with their unanimous consent and offering it in ex Resolved therefore that the states now present in Congress do declare their approbation of and ratification of the sd treaty; that the same be duly attested under the seal of the states; and transmitted to our Ministers with instructions to make use of it till the last point of times that in the meantime so soon as nine states shall be present in Congress, the said treaty shall be submitted to them and their further ratification & when obtained this shall be transmitted to our Ministers also in hope of its reaching our Ministers them by the stipulated time in which case this shall be used and the former cancelled; that however they do not receive the ratification by nine states before the time for exchange & then tender produce the act of the seven states, at the same time expressing the doubts which Congress otherwise con are entertained of it's validity, offering it to their acceptance of the other party in exchange for theirs with assurance that it may and opposing that that shall be accepted and shall will be followed by ratifications another expedited by nine states to be which shall be delivered to them also; otherwise on that they agree on a further change for theirs, with an as surance that it will be followed by another expedited in all it's forms by nine states so soon as they shall be assembled, which shall be delivered to them alse: day for the exchange of ratifications at their option and at the same time explaining (if they find it necessary for the preservation of our good faith) the differences of opinion which exist as to the compliance of seven states to this act: or if it be more eligible to the other party that then they agree on a further day for the exchange of ratifications. RESOLUTION ON DEFINITIVE TREATY.1 C. C. [Jan. 14?, 1784] Resolved that the sd ratification be immediately expedited in good and & due form under the seal the following form to wit [here insert the ratification] and be transmitted to our ministers plenipotentiary by whom the said treaty was negotiated and signed. RATIFICATION OF DEFINITIVE TREATY. C. C. [JANUARY 14, 1784] The United States in Congress assembled to all persons to whom these presents shall come greeting: Whereas definitive articles of peace and friendship between the United States of America and his Britannic majesty were concluded and signed at Paris on the third day of September 1783, by the Commissioners Plenipotentiaries of the said United States and of his said Britannic majesty duly and respectively author 1 This resolution, though offered in Congress, does not appear in its Journals. It was probably in lieu of that adopted Jan. 14, 1784, which was reported by a committee, of which Jefferson was chairman. * The draft, in Jefferson's handwriting, was reported to Congress by a committee consisting of Jefferson, Gerry, Ellery, Read, and Hawkins, some time in December, but was not acted upon by Congress till the treaty was ratified Jan. 14, 1784. See Journals of Congress of that date. |