Finally Jefferson intended to complete the organization and expansion of the United States with "An ordinance establishing a Land Office" for the United States "to give sure title to the settlers and determine the division and subdivision into lots" which was defeated, an entirely new ordinance being adopted April 26, 1785.[99]
The most striking feature of all these bills was the eagerness of Jefferson to consolidate the Union and to strengthen Federal bonds. With a common monetary unit, common interest in a large territory just acquired by cession from Virginia, one more thing remained to be settled: the organization of permanent relations with foreign nations, that is to say, the conclusion of commercial treaties.
It had appeared very soon to Jefferson that if such treaties were to be concluded it was desirable to adopt a working policy outlined in his "Resolves on European Treaties."[100] To have foreign plenipotentiaries come to the United States, discuss with the badly organized body called the Continental Congress, whose members would have to report to their legislatures and after interminable delays accept or reject the proposal, was an impossible procedure. This distrust of Congress was amply justified at the time, and one may wonder whether satisfactory treaties could ever have been concluded under the supervision of Congress; Jefferson therefore proposed that ministers be sent to Europe to negotiate with the old and established nations, who could not be expected to cross the Atlantic.
On May 7, Congress agreed on Instructions to the Ministers Plenipotentiary appointed to negotiate treaties of Commerce with the European Nations. Once more it was proclaimed:
"That these United Sates be considered in all such treaties, and in every case arising under them, as one nation, upon the principle of the Federal constitution."
It was also deemed "advantageous that treaties be concluded with Russia, the Court of Vienna, Prussia, Denmark, Saxony, Hamburg, Great Britain, Spain, Portugal, Genoa, Tuscany, Rome, Naples, Venice, Sardinia and the Ottoman Porte. That treaties of amity and commerce be entered into with Morocco, and the Regencies of Algiers, Tunis and Tripoli. To have supplementary treaties with France, the United Netherlands and Sweden in order to incorporate the new policies of the United States."
The plan of treaties contained some remarkable provisions; they were clear departures, not from the theory of international law and droit des gens, as Jefferson had found it in the authorities consulted, but from the actual policy of the European nations.
Thus it was proposed that in case of war between the two contracting parties,
The merchants of either country, then residing in the other shall be allowed to remain nine months to collect their debts and settle their affairs, and may depart freely, carrying off all their effects, without molestation or hinderance, and all fishermen, all cultivators of the earth, and all artisans or manufacturers, unarmed and inhabiting unfortified towns, villages or places, who labor for the common subsistence and benefit of mankind, and peaceably follow their respective employments, shall be allowed to continue the same.
That "neither of the contracting powers shall grant or issue any commission to any private armed vessels, empowering them to take or destroy such trading ships, or interrupt such commerce."