ANSWERS TO QUESTIONS PROPOUNDED BY M. DE MEUSNIER.1

1786.

J. MSS.

[Jan. 24. 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 & the executive powers, heretofore exercised by persons of such and such descriptions shall henceforth be exercised by persons to be appointed in such & such manners. This was what their constitutions 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 Octob. 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.

1 Supplied by Jefferson to Monsieur de Meusnier, author of that part of the Encyclopedie Politique entitled "Economie Politique et Diplomatique.' 'See also the two papers immediately following this.

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 Gr Britain had been thought of in their state. They had therefore none but the ordinary powers of legislation. This leaves their act for organizing the government subject to be altered by every legislative assembly, and tho no general change in it has been made, yet it's effect has been controulled in several special cases. It is therefore thought that that state will appoint a Convention for the special purpose of forming a stable constitution. I think no change has been made in any other of the states.

3. The following is a rough estimate of the particular debts of some of the states as they existed in the year 1784:

Virginia . . .

.

31,500,000.

$38,500,000.

2,500,000. The other states not named here are probably indebted in the same proportion to their abilities. so, & we estimate their abilities by the rule of quotaing them those 8 states will owe about 14 millions, & consequently the particular debts of all the states will amount to 25 or 26 millions of dollars.

5. A particular answer to this question would lead to very minute details. One general idea however may be applied to all the states. Each having their separate debt, and a determinate proportion of the federal debt, they endeavour to lay taxes sufficient to pay the interest of both of these, and to support their

own & the federal government. These taxes are generally about one or one & a half per cent. on the value of property, & from 2 to 5 per cent. on foreign merchandise imported. But the paiment of this interest regularly is not accomplished in many of the states. The people are as yet not recovered from the depredations of the war. When that ended, their houses were in ruin, their farms waste, themselves distressed for clothing and necessaries for their household. They cannot as yet therefore bear heavy taxes. For the paiment of the principal no final measures are yet taken. Some states will have land for sale, the produce of which may pay the principal debt. Some will endeavor to have an exceeding of their taxes to be applied as a sinking fund, and all of them look forward to the increase of population, & of course an increase of productiveness in their present taxes to enable them to be sinking their debt. This is a general view. Some of the states have not yet made even just efforts for satisfying either the principal or interest of their public debt.

6. By the close of the year 1785 there had probably passed over about 50,000 emigrants. Most of these were Irish. The greatest number of the residue were Germans. Philadelphia receives most of them, and next to that, Baltimore & New York. 7. Nothing is decided as to Vermont. The four northernmost states wish it to be received into the Union. The middle & Southern states are rather opposed to it. But the great difficulty arises with New York which claims that territory. In the beginning every individual of that state revolted at the idea of giving them up. Congress therefore only interfered from time to time to prevent the two parties from coming to an open rupture. In the meanwhile the minds of the New Yorkers have been familiarizing to the idea of a separation & I think it will not be long before they will consent to it. In that case the Southern & Middle states will doubtless acquiesce, and Vermont will be received into the Union.

LeMaine, a part of the government of Massachusetts, but detached from it (the state of N Hampshire lying between) begins to desire to be separated. They are very weak in numbers as yet; but whenever they shall obtain a certain degree of population,

there are circumstances which render it highly probable they will be allowed to become a separate member of the Union.

8. It is believed that the state of Virginia has by this time made a second cession of lands to Congress, comprehending all those between the meridian of the mouth of the Great Kanhaway, the Ohio, Mississippi & Carolina boundary. Within this lies Kentucky. I believe that their numbers are sufficient already to entitle them to come into Congress, and that their reception there will only incur the delay necessary for taking the consent of the several assemblies. There is no other new state as yet approaching the time of it's reception.

10. The number of Royalists which left New York, South Carolina & Georgia when they were evacuated by the British army was considerable, but I am absolutely unable to conjecture their numbers. From all the other states I suppose perhaps two thousand may have gone.

11. The Confederation is a wonderfully perfect instrument, considering the circumstances under which it was formed. There are however some alterations which experience proves to be wanting. These are principally three. 1. To establish a general rule for the admission of new states into the Union. By the Confederation no new state, except Canada, can be permitted to have a vote in Congress without first obtaining the consent of all the thirteen legislatures. It becomes necessary to agree what districts may be established into separate states, and at what period of their population they may come into Congress. The act of Congress of April 23, 1784, has pointed out what ought to be agreed on, to say also what number of votes must concur when the number of voters shall be thus enlarged. 2. The Confederation in it's eighth article, decides that the quota of money to be contributed by the several states shall be proportioned to the value of 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 5 slaves however but as equal to 3 free inhabitants. I believe all the states have agreed to this alteration except Rhode island. 3. The Confederation forbids the states individually to enter into treaties

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 subjected to; or 2. from prohibiting the exportation or importation of any species of commodities. Congress may therefore be said to have a power to regulate commerce, so far as it can be effected by conventions with other nations, & 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 & of England can be affected by the state legislatures. As to England, any one of the legislatures may impose on her goods double the duties which are paid other nations; may prohibit their goods altogether; may refuse them the usual facilities for recovering their debts or 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, tho' a state may exclude the importation of all wines (because one of the reservations aforesaid is that they may prohibit the importation of any species of commodities) yet they cannot 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.