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 beer be net 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 estab lishment 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, a 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.' 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. ized for that purpose, which definitive articles are in these words following [here insert them] Now know ye that we the United States in Congress assembled having seen and considered the definitive articles, aforesaid, have approved, ratified and confirmed and by these presents do approve ratify and confirm the said articles, and every part & clause thereof engaging and promising that we will sincerely & faithfully perform & observe the same and never suffer them to be violated by any one, or transgressed in any manner, as far as lies in our power. In testimony whereof we have caused the seal of the United States to be hereunto affixed. Witness his Excellency Thomas Mifflin President this day of December, in the year of our Lord 1783 and of the sovereignty in the eighth year and independence of the United States the eighth fourteenth day of Jan' in the year of our Lord one thousand seven hundred and eighty four and in the eighth year of the sovereignty & independence of the United States of America. DRAFT FOR PROCLAMATION ANNOUNCING RATIFICATION OF DEFINITIVE TREATY.1 C. C. January 14, 1784. By the United States of America in Congress Assembled A Proclamation. Whereas Definitive articles of peace and friendship between these the United States of America of America and his Britannic majesty were concluded & signed at Paris on the third day of September 1783, by the Commissioners Plenipotentiaries of the said United States and of his said Britannic majesty duly and respectively authorized for that purpose which definitive articles are in the words following [here insert them]. And we the United States in Congress assembled having seen and duly considered the definitive articles aforesaid did by a certain act under the seal of the United States bearing date this 14 day of December Jan 1784, approve ratify & confirm the 'See Journals of Congress, Jan. 14, 1784. This proclamation was issued as a broadside with the headlines: By the United States in / Congress assembled / January 14, 1784. / 4to. same & every part & clause thereof engaging & promising that we would sincerely & faithfully perform & observe the same, and never suffer them to be violated by any one, or transgressed in any manner, as far as should lie in our power. And being sincerely disposed to carry the said articles into execution honestly, truly honestly and with good faith according to the intent & meaning thereof we have thought proper by these presents to notify the premises to all the, good. citizens of these States, hereby requesting requiring and enjoining all persons and all bodies of magistracy Legislative Executive and Judiciary all persons bearing office civil or military of whatever rank, degree, or powers and all others the good citizens of these States of whatever-every vocation and condition that reverencing those stipulations entered into on & condition in obedience to these delegations their behalf under the authority of that federal moral political & legal whereby they are called bond by which their existence as an independant to the observance of stipulations duly & regularly people is bound up together, and is known and derived from their several laws & constitutions acknowledged by the nations of the world; and end with that good faith which is every honest with that good faith which is every man's best com fort that within their man's surest guide, within their several offices, jurisdictions & vocations, they carry into effect the said Definitive articles, & every clause & sentence thereof sincerely strictly & completely. Given under the seal of the United States. Witness his Excellency Thomas Mifflin, our President at Annapolis this 14th day of Deer Jan' 1784 & of the sovereignty & independance of the United States of America the eighth. TO MARTHA JEFFERSON.1 ANNAPOLIS, Jan. 15th, 1783. MY DEAR MARTHA,-I am anxious to know what books you read, what tunes you play, and to receive 1 1 From S. N. Randolph's Domestic Life of T. Jefferson, 71, where it is printed with the above date. But either Jefferson misdated it, or it was wrongly inserted, for Jefferson being in Annapolis and his daughter being in Philadelphia makes it certain that the letter was written in 1784. |