as this court had, I have this moment received a copy
of an act of the Georgia Assembly, placing the subjects
of France, as to real estates, on the footing of natural
citizens, and expressly recognising the treaty.
Would you think any thing could be added, after this,
to put this question still further out of doors?
A gentleman of Georgia assured me, General Oglethorpe
did not own a foot of land in the State. I do
not know whether there has been any American determination
on the question, whether American citizens and British
subjects, born before the Revolution, can be aliens
to one another. I know there is an opinion of
Lord Coke’s, in Colvin’s case, that if
England and Scotland should, in a course of descent,
pass to separate Kings, those born under the same
sovereign during the union, would remain natural subjects
and not aliens. Common sense urges some considerations
against this. Natural subjects owe allegiance;
but we owe none. Aliens are the subjects of a
foreign power; we are subjects of a foreign power.
The King, by the treaty, acknowledges our independence;
how then can we remain natural subjects? The King’s
power is, by the constitution, competent to the making
peace, war, and treaties. He had, therefore,
authority to relinquish our allegiance by treaty.
But if an act of parliament had been necessary, the
parliament passed an act to confirm the treaty.
So that it appears to me, that in this question, fictions
of law alone are opposed to sound sense.
I am in hopes Congress will send a minister to Lisbon.
I know no country, with which we are likely to cultivate
a more useful commerce. I have pressed this in
my private letters.
It is difficult to learn any thing certain here, about
the French and English treaty. Yet, in general,
little is expected to be done between them. I
am glad to hear that the Delegates of Virginia had
made the vote relative to English commerce, though
they afterwards repealed it. I hope they will
come to again. When my last letters came away,
they were engaged in passing the revisal of their
laws, with some small alterations. The bearer
of this, Mr. Lyons, is a sensible, worthy young physician,
son of one of our judges, and on his return to Virginia.
Remember me with affection to Mrs. and Miss Adams,
Colonels Smith and Humphreys, and be assured of the
esteem with which I am, Dear Sir,
your friend and servant,
Th: Jefferson.
LETTER CLVII.—TO JAMES MADISON, February 8, 1786
TO JAMES MADISON.
Paris, February 8, 1786.
Dear Sir,