Deficiencies of the Confederation

CHAPTER 5 | Document 20

Thomas Jefferson to Edward Carrington

4 Aug. 1787Papers 11:678--79

I am happy to find that the states have come so generally into the scheme of the Federal Convention, from which I am sure we shall see wise propositions. I confess I do not go as far in the reforms thought necessary as some of my correspondents in America; but if the Convention should adopt such propositions I shall suppose them necessary. My general plan would be to make the states one as to every thing connected with foreign nations, and several as to every thing purely domestic. But with all the imperfections of our present government, it is without comparison the best existing or that ever did exist. It's greatest defect is the imperfect manner in which matters of commerce have been provided for. It has been so often said, as to be generally believed, that Congress have no power by the confederation to enforce any thing, e.g. contributions of money. It was not necessary to give them that power expressly; they have it by the law of nature. When two nations make a compact, there results to each a power of compelling the other to execute it. Compulsion was never so easy as in our case, where a single frigate would soon levy on the commerce of any state the deficiency of it's contributions; nor more safe than in the hands of Congress which has always shewn that it would wait, as it ought to do, to the last extremities before it would execute any of it's powers which are disagreeable.--I think it very material to separate in the hands of Congress the Executive and Legislative powers, as the Judiciary already are in some degree. This I hope will be done. The want of it has been the source of more evil than we have ever experienced from any other cause. Nothing is so embarrassing nor so mischievous in a great assembly as the details of execution. The smallest trifle of that kind occupies as long as the most important act of legislation, and takes place of every thing else. Let any man recollect, or look over the files of Congress, he will observe the most important propositions hanging over from week to week and month to month, till the occasions have past them, and the thing never done. I have ever viewed the executive details as the greatest cause of evil to us, because they in fact place us as if we had no federal head, by diverting the attention of that head from great to small objects; and should this division of power not be recommended by the Convention, it is my opinion Congress should make it itself by establishing an Executive committee.

The Founders' Constitution
Volume 1, Chapter 5, Document 20
The University of Chicago Press

The Papers of Thomas Jefferson. Edited by Julian P. Boyd et al. Princeton: Princeton University Press, 1950--.

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