Section 1.

Produced by David Edwards, Melissa McDaniel and the Online

Distributed Proofreading Team at http://www.pgdp.net (This

file was produced from images generously made available

by The Internet Archive)

Transcriber's Note:

Inconsistent hyphenation and spelling in the original document have

been preserved. Obvious typographical errors have been corrected.

Italic text is denoted by _underscores_.

Small type is used to indicate the rules and practices peculiar to

the Senate. Small type is denoted by $dollar signs$.

Proper nouns have been left unchanged, except to correct obvious

printer's errors as indicated by inconsistencies in the nearby text.

Variant spellings and accents in Latin, French, Spanish, Italian

quotes were left as printed unless obvious nearby differences indicated

printer's errors.

On page 273, "numbers were first called on to declare their numbers"

should possibly be "members were first called on to declare their

numbers".

In the Index entry 'Existing treaties with France', there is a

reference to a (non-existent) page 651 in Volume iii.

THE

WRITINGS

OF

THOMAS JEFFERSON:

BEING HIS

AUTOBIOGRAPHY, CORRESPONDENCE, REPORTS, MESSAGES,

ADDRESSES, AND OTHER WRITINGS, OFFICIAL

AND PRIVATE.

PUBLISHED BY THE ORDER OF THE JOINT COMMITTEE OF CONGRESS ON THE

LIBRARY,

FROM THE ORIGINAL MANUSCRIPTS,

DEPOSITED IN THE DEPARTMENT OF STATE.

WITH EXPLANATORY NOTES, TABLES OF CONTENTS, AND A COPIOUS INDEX

TO EACH VOLUME, AS WELL AS A GENERAL INDEX TO THE WHOLE,

BY THE EDITOR

H. A. WASHINGTON.

VOL. IX.

NEW YORK:

H. W. DERBY, 625 BROADWAY.

1861.

Entered, according to Act of Congress, in the year 1853, by

TAYLOR & MAURY,

In the Clerk's Office of the District Court for the District of

Columbia.

STEREOTYPED BY

THOMAS R. SMITH.

82 & 84 Beekman Street.

CONTENTS OF VOL. IX.

BOOK IV.--PART IV.

PARLIAMENTARY MANUAL 3

BOOK IV.--PART V.

THE ANAS 87

BOOK IV.--PART VI.

MISCELLANEOUS PAPERS 212

1. Extract from Diary relative to invasion of Virginia in

1780, 1781 p. 212.

2. Memorandum relative to invasion of Virginia in 1780, 1781,

220.

3. Instructions to the Ministers Plenipotentiary appointed to

negotiate treaties of peace with the European nations, 1784,

226.

4. Report of a conference with the Count de Vergennes on the

subject of the commerce of the U. States with France, 230.

5. Answers of Mr. Jefferson, to questions propounded to him

by M. de Meusnier, 244.

6. Answers to propositions propounded by M. de Meusnier, Jan.

24, 1786, 282.

7. Notes on M. Soulé's Work, 293.

8. Observations on a letter of M. de Calonnes to Mr. Jefferson,

Oct. 22, 1786, 304.

9. Proposals for concerted operations among the powers at war

with the piratical States of Barbary, 308.

10. To the Editor of the Journal de Paris, 309.

11. Memoranda taken on a journey from Paris to the Southern

parts of France and Northern parts of Italy in 1787, 313.

12. Tour to some of the gardens of England, 367.

13. Memoranda of a tour to Amsterdam, Strasburgh, &c., and

back to Paris, in 1788, 373.

14. Travelling notes for Mr. Rutledge and Mr. Shippen in 1788,

403.

15. Questions as to the rights and duties of the U. States

under her treaties with France and the laws of neutrality, 405.

16. Heads of consideration on the conduct to be observed in

the war between Spain and Great Britain, and particularly

should the latter attempt the conquest of Louisiana and the

Floridas, 409.

17. Heads of consideration on the navigation of the Mississippi

river, for Mr. Carmichael, 412.

18. Questions to be considered, 415.

19. Plan of a bill concerning consuls, 416.

20. Matters to be arranged between the governments of the U.

States and England, 419.

21. Memorandum of communications made to a committee of the

Senate on the subject of the diplomatic nominations to Paris,

London, and the Hague, 420.

22. Considerations on the subject of ransom and peace with

the Algerines, 424.

23. Notes of a conversation with Mr. Hammond, 425.

24. Extempore thoughts and doubts on very superficially running

over the bankrupt bill, 431.

25. Heads of a conversation with Mr. Hammond, 432.

26. Instructions to Andrew Michaud for exploring the Western

Boundary, 434.

27. Memorandum relative to Commissioners for laying off the

Federal City, 437.

28. Note given to the President relative to Genet, 438.

29. Rules for regulating our conduct towards the belligerent

powers, recommended to the President for his adoption, 440.

30. Opinion relative to the propriety of convening the

Legislature at an earlier period than that fixed by law, 441.

31. Communication relative to our French relations, 442.

32. Explanation of the origin of the principle "Free bottoms

make free goods," 443.

33. An account of the capitol of Virginia, 446.

34. To the Speaker and House of Delegates of the Commonwealth of

Va., being a protest against all interference by the Judiciary

between Representative and Constituent, 447.

35. Etiquette, 454.

36. Charges exhibited to the President of the United States

against Hon. Arthur Sinclair, as Governor of the territory

north-west of the river Ohio, 455.

37. Hints on the subject of Indian boundaries, suggested for

consideration, 460.

38. Notes on the subject of the Consular convention between

the United States and France, 462.

39. Resolutions relative to the alien and sedition laws, 464.

40. Doctor Stevens' case, 472.

41. Notes on the draught of a second inaugural address, 475.

42. Farewell address of Thomas Jefferson, 476.

43. Notes on the 5th volume of Marshall's Life of Washington,

478.

44. Scheme for a system of agricultural societies, 480.

45. Observations on the force and obligation of the common

law in the U. States, on the occasion of Hardin's case in

Kentucky, 485.

46. Plan for elementary schools, 489.

47. Solemn declaration and protest of the commonwealth of Va.,

on the principles of the Constitution, and on the violation

of them, 496.

48. Thoughts on lotteries, 500.

49. Jefferson's Will, 511.

BOOK IV.--CONTINUED.

MISCELLANEOUS.

PART IV.--JEFFERSON'S MANUAL.

" V.--THE ANAS.

" VI.--MISCELLANEOUS PAPERS.

PART IV.

A MANUAL OF PARLIAMENTARY PRACTICE.

PREFACE.

The Constitution of the United States, establishing a Legislature for the

Union under certain forms, authorizes each branch of it "to determine

the rules of its own proceedings." The Senate have accordingly formed

some rules for its own government: but those going only to few cases,

they have referred to the decision of their President, without debate

and without appeal, all questions of order arising either under their own

rules, or where they have provided none. This places under the discretion

of the President a very extensive field of decision, and one which,

irregularly exercised, would have a powerful effect on the proceedings

and determinations of the House. The President must feel, weightily

and seriously, this confidence in his discretion: and the necessity of

recurring, for its government, to some known system of rules, that he

may neither leave himself free to indulge caprice or passion, nor open

to the imputation of them. But to what system of rules is he to recur,

as supplementary to those of the Senate? To this there can be but one

answer: to the systems of regulations adopted by the government of some

one of the parliamentary bodies within these States, or of that which has

served as a prototype to most of them. This last is the model which we

have studied; while we are little acquainted with the modifications of it

in our several States. It is deposited, too, in publications possessed

by many, and open to all. Its rules are probably as wisely constructed

for governing the debates of a considerative body, and obtaining its

true sense, as any which can become known to us; and the acquiescence

of the Senate hitherto under the references to them, has given them the

sanction of their approbation.

Considering, therefore, the law of proceedings in the Senate as composed

of the precepts of the Constitution, the regulations of the Senate,

and where these are silent, of the rules of Parliament, I have here

endeavored to collect and digest so much of these as is called for in

ordinary practice, collating the parliamentary with the senatorial rules,

both where they agree and where they vary. I have done this, as well to

have them at hand for my own government, as to deposit with the Senate

the standard by which I judge and am willing to be judged. I could not

doubt the necessity of quoting the sources of my information; among

which Mr. Hatsel's most valuable book is pre-eminent; but as he has

only treated some general heads, I have been obliged to recur to other

authorities, in support of a number of common rules of practice to which

his plan did not descend. Sometimes each authority cited supports the

whole passage. Sometimes it rests on all taken together. Sometimes the

authority goes only to a part of the text, the residue being inferred

from known rules and principles. For some of the most familiar forms,

no written authority is or can be quoted; no writer having supposed it

necessary to repeat what all were presumed to know. The statement of

these must rest on their notoriety.

I am aware, that authorities can often be produced in opposition to

the rules which I lay down as parliamentary. An attention to dates will

generally remove their weight. The proceedings of Parliament in ancient

times, and for a long while, were crude, multiform, and embarrassing.

They have been, however, constantly advancing towards uniformity and

accuracy; and have now obtained a degree of aptitude to their object,

beyond which little is to be desired or expected.

Yet I am far from the presumption of believing, that I may not have

mistaken the parliamentary practice in some cases; and especially in

those minor forms, which, being practised daily, are supposed known to

everybody, and therefore have not been committed to writing. Our resources

in this quarter of the globe, for obtaining information on that part

of the subject, are not perfect. But I have begun a sketch, which those

who come after me will successively correct and fill up, till a code of

rules shall be formed for the use of the Senate, the effects of which

may be accuracy in business, economy of time, order, uniformity, and

impartiality.

NOTE.

$The rules and practices peculiar to the Senate are printed in small

type. Those of Parliament are in large.$

A MANUAL OF PARLIAMENTARY PRACTICE.[1]

IMPORTANCE OF RULES.

SECTION I.

THE IMPORTANCE OF ADHERING TO RULES.

Mr. Onslow, the ablest among the Speakers of the House of Commons, used

to say, "It was a maxim he had often heard when he was a young man, from

old and experienced members, that nothing tended more to throw power

into the hands of administration and those who acted with the majority of

the House of Commons, than a neglect of, or departure from, the rules of

proceeding; that these forms, as instituted by our ancestors, operated

as a check, and control, on the actions of the majority; and that they

were, in many instances, a shelter and protection to the minority,

against the attempts of power."

So far the maxim is certainly true, and is founded in good sense, that

as it is always in the power of the majority, by their numbers, to stop

any improper measures proposed on the part of their opponents, the only

weapons by which the minority can defend themselves against similar

attempts from those in power, are the forms and rules of proceeding, which

have been adopted as they were found necessary from time to time, and are

become the law of the house; by a strict adherence to which, the weaker

party can only be protected from those irregularities and abuses which

these forms were intended to check, and which the wantonness of power

is but too often apt to suggest to large and successful majorities.--2

_Hats._ 171, 172.

And whether these forms be in all cases the most rational or not, is

really not of so great importance. It is much more material that there

should be a rule to go by, than what that rule is; that there may be a

uniformity of proceeding in business, not subject to the caprice of the

Speaker, or captiousness of the members. It is very material that order,

decency, and regularity be preserved in a dignified public body.--2

_Hats._ 149. And in 1698 the Lords say the reasonableness of what is

desired is never considered by us, for we are bound to consider nothing

but what is usual. Matters of form are essential to government, and 'tis

of consequence to be in the right. All the reason for forms is custom,

and the law of forms is practice; the reason is quite out of doors. Some

particular customs may not be grounded on reason, and no good account

can be given of them; and yet many nations are zealous for them; and

Englishmen are as zealous as any others to pursue their old forms and

methods.--4 _Hats._ 258.

SECTION II.

LEGISLATURE.

$All legislative powers herein granted shall be vested in a Congress

of the United States, which shall consist of a Senate and House of

Representatives.--_Constitution of the United States_, Article I.,

Section 1.

The Senators and Representatives shall receive a compensation for their

services, to be ascertained by law, and paid out of the treasury of the

United States. _Const. U. S._, Art. I. Sect. 6.

For the powers of Congress, see the following Articles and Sections of

the Constitution of the United States:--Art. I., Sec. 4, 7, 8, 9.--Art.

II., Sect. 1, 2.--Art. III., Sec. 3.--Art. IV., Sec. 1, 3, 5.--And all

the Amendments.$

The Writings of Thomas Jefferson, Vol. 9 (of 9) Being His Autobiography, Correspondence, Reports, Messages, Addresses, and Other Writings, Official and Private · 第 1 / 60 章