a law deciding the right in his favor. In the following year, a Frenchman, master of a vessel, entered into port without complying with the laws established in such cases, whereby he incurred the forfeitures of the law to any person who would sue for them. An individual instituted a legal process to recover these forfeitures according to the law of the land. The Frenchman petitioned the assembly, who passed a law deciding the question of forfeiture in his favor. These acts are occasional repeals of that part of the constitution which forbids the same persons to exercise legislative & judiciary powers at the same time. 3. The assembly is in the habitual exercise during their sessions of directing the Executive what to do. There are few pages of their journals which do not show proofs of this, & consequently instances of the legislative & executive powers exercised by the same persons at the same time. These things prove that it has been the uninterrupted opinion of every assembly, from that which passed the ordinance called the Constitution down to the present day, that their acts may controul that ordinance, & of course that the state of Virginia has no fixed Constitution at all.

OBSERVATIONS ON THE ARTICLE ETATS-UNIS PREPARED FOR THE ENCYCLOPEDIE. 1

1

J. MSS.

[June 22, 1786.]

1. II. 17. 29. Pa 8. The Malefactors sent to America were not sufficient in number to merit enumeration as one class out of three which peopled America. It was at a late period of their history that this practice began. I have no book by me which enables me to point out the date of it's commencement. But I do not think the whole number sent would amount to 2000 & being principally men, eaten up with disease, they married seldom &

1 In preparing an article for the Encyclopédie Politique, M. Meusnier applied to Jefferson for information (cf. ante p. 138). On the proofs of that article, Jefferson prepared the above notes. This article was separately printed, and for Jefferson's comments upon it, see his letters of August 25 and 27, 1786, post.

propagated little. I do not suppose that themselves & their descendants are at present 4000, which is little more than one thousandth part of the whole inhabitants.

Indented servants formed a considerable supply. These were poor Europeans who went to America to settle themselves. If they could pay their passage it was well. If not, they must find means of paying it. They were at liberty therefore to make an agreement with any person they chose, to serve him such a length of time as they agreed on, on condition that he would repay to the master of the vessel the expenses of their passage. If being foreigners unable to speak the language, they did not know how to make a bargain for themselves the captain of the vessel contracted for them with such persons as he could. This contract was by deed indented, which occasioned them to be called indented servants. Sometimes they were called Redemptioners, because by their agreement with the master of the vessel they could redeem themselves from his power by paying their passage, which they frequently effected by hiring themselves on their arrival as is before mentioned. In some states I know that these people had a right of marrying themselves without their master's leave, & I did suppose they had that right everywhere. I did not know that in any of the states they demanded so much as a week for every day's absence without leave. I suspect this must have been at a very early period while the governments were in the hands of the first emigrants, who being mostly labourers, were narrow-minded and severe. I know that in Virginia the laws allowed their servitude to be protracted only two days for every one they were absent without leave. So mild was this kind of servitude, that it was very frequent for foreigners who carried to America money enough, not only to pay their passage, but to buy themselves a farm, it was common I say for them to indent themselves to a master for three years, for a certain sum of money, with a view to learn the husbandry of the country. I will here make a general observation. So desirous are the poor of Europe to get to America, where they may better their condition, that, being unable to pay their passage, they will agree to serve two or three years on their arrival there, rather than not go. During the time of that service they are better fed, better clothed, and have

lighter labour than while in Europe. Continuing to work for hire a few years longer, they buy a farm, marry, and enjoy all the sweets of a domestic society of their own. The American governments are censured for permitting this species of servitude which lays the foundation of the happiness of these people. But what should these governments do? Pay the passage of all those who chuse to go into their country? They are not able; nor, were they able, do they think the purchase worth the price? Should they exclude these people from their shores? Those who know their situations in Europe & America, would not say that this is the alternative which humanity dictates. It is said that these people are deceived by those who carry them over. But this is done in Europe. How can the American governments prevent it? Should they punish the deceiver? It seems more incumbent on the European government, where the act is done, and where a public injury is sustained from it. However it is only in Europe that this deception is heard of. The individuals are generally satisfied in America with their adventure, and very few of them wish not to have made it. I must add that the Congress have nothing to do with this matter. It belongs to the legislatures of

the several states.

P 26.1 "Une puissance, en effet, devoit statuer, en dernier resort, sur les relations que pouvoient suvire ou servir au sien general," &c. The account of the settlement of the colonies, which precedes this paragraph, shows that that settlement was not made by public authority, or at the public expence of England; but by the exertions & at the expence of individuals. Hence it happened that their constitutions were not formed systematically but according to the circumstances which happened to exist in each. Hence too, the principles of the political connection between the old & new countries were never settled. That it would have been advantageous to have settled them is certain; and particularly to have provided a body which should decide in the last resort all cases wherein both parties were interested. But it is not certain that that right would have been given, or ought to

1 A note is omitted here, because the press copy is so faded that it is impossible to make it out. It refers to page 18.

have been given to the parliament; much less that it resulted to the parliament without having been given to it expressly. Why was it necessary that there should have been a body to decide in the last resort? Because, it would have been for the good of both parties. But this reason shews it ought not to have been the parliament, because that would have exercised it for the good of one party only.

Page 105. As to the change of the 8th article of Confederation for quotaing requisitions of money on the states.

By a report of the Secretary of Congress dated Jan 4, 1786, eight states had then acceded to the proposition, to wit, Massachus., Connect., N. York, N. Fersey, Pennsylva, Maryland, Virginia, & N. Carolina.

Congress, on the 18th of Apr, 1783, recommended to the states to invest them with a power, for 25 years to levy an impost of 5 per cent. on all articles imported from abroad. N Hamp. Mass. Conn. N Jer. Pensa, Delaware, Virga. N Cara. S Cara, had complied with this before the 4th of Jan, 1786. Maryland had passed an act for the same purpose; but by a mistake in referring to the date of the recommendation of Congress, the act failed of it's effect. This was therefore to be rectified. Since the 4th of January, the public papers tell us that Rhode island has complied fully with this recommendation. It remains still for N York & Georgia to do it. The exportations of America, which are tolerably well known, are the best measure for estimating the importations. These are probably worth about 20 millions of dollars annually. Of course this impost will pay the interest of a debt to that amount. If confined to the foreign debt, it will pay the whole interest of that, and sink half a million of the capital, annually. The expenses of collecting this impost will probably be 6. per cent on it's amount, this being the usual expense of collection in the US. This will be 60.000 dollars.

On the 30th of April 1784 Congress recommended to the states to invest them with a power for 15 years to exclude from their ports the vessels of all nations not having a treaty of commerce with them; and to pass as to all nations an act on the principles of the British navigation act. Not that they were disposed to

VOL. IV.-II

carry these powers into execution with such as would meet them in fair and equal arrangements of commerce; but that they might be able to do it against those who should not. On the 4th of Jan, 1786, N Hamp. Mass. Rho. isld. Connect. N York, Pensa. Maryld. Virga. & N. Carola had done it. It remained for N Jers, Delaware, S Carola, & Georgia to do the same.

In the meantime the general idea has advanced before the demands of Congress, and several states have passed acts for vesting Congress with the whole regulation of their commerce, reserving the revenue arising from these regulations to the disposal of the state in which it is levied. The states which, according to the public papers have passed such acts, are N. Hamp. Mass. Rho isld. N Jers. Del. and Virga: but, the assembly of Virga, apprehensive that this disjointed method of proceeding may fail in it's effect, or be much retarded, passed a resolution on the 21st of Jan. 1786, appointing commissioners to meet others from the other states whom they invite into the same measure, to digest the form of an act for investing Congress with such powers over their commerce as shall be thought expedient, which act is to be reported to their several assemblies for their adoption. This was the state of the several propositions relative to the impost, & regulation of commerce at the date of our latest advices from America.

Pa 125. The General assembly of Virginia, at their session in 1785, have passed an act declaring that the District, called Kentucky shall be a separate & independent state, on these conditions. 1. That the people of that district shall consent to it. 2. That Congress shall consent to it & shall receive them into the federal union. 3. That they shall take on themselves a proportionable part of the public debt of Virginia. 4. That they shall confirm all titles to lands within their district made by the state of Virginia, before their separation.

Page 131. "Et sur six assemblées à peine trouve-t-on' &c. Jusques à'elles feront un meilleur choix. Page 132. I think it will be better to omit the whole of this passage for reasons which shall be explained in conversation.

Page 139. It was in 1783, & not in 1781, that Congress quitted Philadelphia.