W IMAGE EVALUATION TEST TARGET (MT-3) 1.0 £1^ Ui ^B Itt lU |22 II " 1^ 12.0 I.I S. "i" L25 III 1.4 11.6 Photogra{iric Sdences Corporation 23 WIST MAIN STRUT WMSTIR.N.Y. MSIO (71«) •72-4S03 '^ ^ ^ $ o CIHM/ICMH Microfiche Series. CIHM/ICIVIH Collection de microfiches. Canadian Institute for Historical Microreproductions / Institut Canadian de microreproductions historiques Technical and Bibliographic Notaa/Notas tachniquaa at bibliographiquaa Tha Inatituta haa attamptad to obtain tha bast original copy availabia for filming. Faaturaa of thia copy which may ba bibliographically uniqua, which may altar any of tha imagaa in tha raproduction, or which may significantly changa tha usual mathod of filming, ara chackad balow. 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Pagea da couleur Pages damaged/ Pagea andommagtes □ Pages restored and/or laminated/ Pages restaurAes et/ou peiiicui^es Pages discoloured, stained or foxed/ Pages d^colortes, tacheties ou piquies □ Pages detached/ Pages ditachies Showthrough/ Transparence r~^ Quality of print varies/ Qualit* intgaia de I'impression Includes supplementary material/ Comprand du materiel supplAmentaire Only edition available/ Seule Edition disponible Pages wholly or partially obscured by errata slips, tissues, etc., have been refilmed to ensure the best possible image/ Les pages totalement ou partiellement obscurcies par un feuillet d'errata, una pelure, etc., ont M filmAes it nouveau de fapon A obtenir la meilleure image possible. 10X 14X 18X 22X 26X 30X y 12X 16X 20X 24X 28X 32X «tail8 m du nodifiar ir une ilmage IS TIm copy filmad h«r« has b««n raproduead thanka to tha ganaroaity of: Law Library York University Toronto Tha imagaa appaaring hara ara tha boat quality poaaibia conaidaring tha condition and lagibility of tha original copy and in kaaping with tha filming contract spacificationa. Original copiaa in printad papar oovara ara filmad baginning with tha front covar and anding on tha laat paga with a printad or iiluatratad impraa- aion. or tha back covar whan appropriata. All othar original copiaa ara filmad baginning on tha f Irat paga with a printad or iiluatratad impraa* aion, and anding on tha laat paga with a printad or iiluatratad impraaaion. Tha laat racordad frama on aaeh microflcha ahaii contain tha symbol — ^ (moaning "CON- TINUED"), or tha aymbol V (moaning "END"), whichavar appliaa. L'axampiaira film* fut raproduit grica i la gAniroaitA da: Law Library York Univanity Toronto Laa imagaa auhrantaa ont At* raprodultaa avae la plua grand aoin, compta tanu da la condition at da la nattat* da l'axampiaira flimi. at an conformitA avac laa condMona du oontrat da fllmaga. Laa axamplairaa originaux dont la couvartura wn paplar aat ImprimAa aont filmAa an commandant par la pramiar plat at an tarminant solt par la darnlAra paga qui comporta una amprainta d'impraasion ou d'illustration, solt par la sacond plat, aalon la eaa. Toua laa autraa axamplairas originaux sont filmAs sn commandant par la pramMra paga qui comporta una amprainta d'impraasion ou d'illustration at 9n tarminant par la damlAra paga qui comporta una talla amprainta. Un daa symbolaa auhrants apparattra aur la damlAra imaga da ehaqua microflcha. salon la caa: la symbols -^ signifia "A SUIVRE", la aymbola ▼ signifia "FIN". IMapa. plataa. charta. ate. may ba filmad at diffarant raduction ratioa. Thoaa too iarga to ba antiraly included in ona axpoaura ara filmad baginning in tha uppar laft hand comar, iaft to right and top to bottom, aa many framaa aa raquirad. Tha following diagrama illuatrata tha mathod: Laa cartaa. planchaa. tablaaux. ate, pauvant Atra filmAa A daa taux da rAduction diffAranta. Loraqua la documant aat trop grand pour Atra raproduit an un saul cllchA, il aat fiimA A partir da I'angia aupAriaur gaucha. da gaucha A droita. at da haut an baa, an pranant la nombra d'imagaa nAcaaaaira. Laa diagrammaa suivanta illuatrant la mAthoda. irrata to pelure. n A n 32X 1 2 3 1 2 3 4 6 6 TREAT Yzo OF AMrrT» COMMERCE, AND NAVIGATION^ mrwtiK ■..=f' HIS BRITANNIC MAJEdtT, ^11' AMD THE m UNITED STATES OF AMERICA^ CONDITIONALLY RATIFIED ■T TBB »KMATK Of TBB OMITtO 8TATBS» AT PBILAD«LtaiA» JOMB 34* tjft^ TO WHICH IB AMMtXED J COPIOUS APPENDIX. SECOND EDITION. PHILADELPHIA^ VRINTEO BY LAIfO & tT S T I C K, jrOR MATHEW CAREY, No. ix8, MARKST-fTRSBTi NOV. 2, 1795. I r; % 'H '',%(- i'lM. V' T7 31 /.M . Q-tJtH A ^'iJi ^ : i^t Hf J : X I c ' -:TAi8..t:aa/Jj^oi' •"-\( i\* ADVERTISEMENT. THE importance of the pending Treaty with Bri- -tain, and the fr^uent references, in the diicuflioh of its merits, to the Treaties with France, the Federal Conftitution, &c. have induced the Editor to make i^ > compilation of as many of the documents conneAed iiTith this interefting fubjeA, as might be necelTary to enable the reader to decide for himfelf, and not take| on truft, the interefted quotations of party writers. v: From among the multiplicity of publications, />ro anc\ con, the "Features of Mr. Jay's Treaty," and the ^* Vindication** of that inftrument, have been feleded, as including nearly all the arguments that have been ad- Ta&cedby the miters on both fides of the queiUon. CONTENTS. 1 REATY ofmd i^ fy Mn Jnwdlftd Gmniilt S H Letter /rm Mr. J^fun to Mr. Hammond Moltom of Mr Burr ... Motion tf Mr. Tauetoeil .... Tf\^.Jif:Amitf illtd Qotiumree Htuten Frmm ^mi thV^J Stateit F^mary 6tit 177^ ... ^raOjfnf^lSwue^meniMl aajde/e^vt, ittmum From «nJ ihe, Udl^'ilattt, JFehrtuiry 6ti, iyj^"^ - f - ' figfiutkie treatif bttmuim Qnat, Britain a^d th Unifed $tatet., ' SMimhr flJtti§$ -i '■• • i -' ■■■.'■• ^ •-' Conxion 0/ tii l/nitedSt4tft . * . . . r. A t m d m nnto^iOtnr ■ •'- ' '' ■"■ .■.;:■■■:•"■.'..,..■■ Curtitu*t PlnScatioH ofMr.yaft Treaty, iii Twelve Kombert 58 Feitmm^,Mir*JtPi^t Treny . ;- •:,•!-,; ». '.;•-."-)», ;i';rnt09 #7nv ^/i6f Commerce id the United Statet, at itjande at frefiia,. ,^yand^9tk'uJueedhyMr,jM*tTrMf . > " r" ': .''i?-** JteMttioHs of the Citiaeiu ofSofion, JiSj ij^, if^j isS «9 si Hi 5S «J«M^ ^ rttf Cittzenedf Port/mouth /'AT. H.)ynly i% il^S 159 RefoMione of the Citizen* of New-Tori, Ji^ ap^ 1 795 MenteiM^ ^ tiff _Citiztmt $/ FUlade^ia, jnfy'^^i vf^S ' 160 166 169 The Pre/iJenfe Reply Report of the CharMon Committee, July 10, 1795 --, ,Re/olutions of the Ju/licet and jildermen ofNorfaii, July 1 1| *95- • 73 Jl^^fcMW if the GMttm ef Beiiiinote,jidyt*j, ffjfS ~Ibid Nevf'^erfey Petition - - - - - - 174 \Ml/obaetuof.lie€ithieiu»fTrMm,yttlyi^i^ ' iIMd RefoMion* of the Citizens of Flenunpon, (N, J.) Tuly 2$, 1 795 1 76 MlntidiuofthifN0W'roriChamiorofemnem,Jnfyiitti79^i r^9 ^Tbe Pnfidm^s Reply - - , - 179 Q^eirjMtiont on the Extent of the Pr^fUkn^e Potfer vutb rej^ ' ' toTreatiet - - - - - ifo BriH/b ProeJamation, Novemier 6, 1793 - f^ y* .183 Ditttt dUta Jani 1794 . 'I^ -- IK* Lord tforchefter's Re^y to the Indians, Feb. \o, 1794 184 Commerciai Refolutions moved for by Mr. Madifon, in the Honfe of Repia^entativet of the United States, Jm. I, 1794 Ibid Mr, j^yton*s Refolutioiu for the Sequeflration of Britt/b property l8y Refoluiion moved for by Mr. jibraham Clarke, for. fuj^en£ng the Intercourfs with Britain - . - - Ibi4 Mnplanatioo of the affual Jituation of Mr. Jay** Treaty • 1S8 TREATT of Amity, Commerce, and Navigation, be- tween his Britannic Majejly and the United States of America, conditionally ratified by the Senate of the United States, at Philadelphia, June 2^ ^795* . . Jrll S Britannic Majefly tnd the United State* of Americ*) ther agreed, that all the ports and places on its eaftern (ide, to which- soever of the parties belonging, may freely be refoitcd to, and ufed by both parties, In as ample a manner as any of the Atlantic i^rts or places of the United Sutes, or any of the poru or places of his Ma- jefty in Great Britain. All goods and merchandize, whofe importation into his Majefly's /aid territories in America (hall not be entirely prohibited, may freely, for the purpofes of commerce, be carried into the fame in the manner aforefaid, by the citizens of t^e tJnited States, and flich goodt •nd merchandize (hall be fubjeA to no higtier or other duties, than would be payable by his Majefty's fufajefts on the importation of the fame from Europe into the faid territories. And in like manner, all goods and merchandize, whofe importation into the United States fhall not be wholly prohibited, may freely, for the purpofes of com- merce, be carried into the fame, in the manner aforefaid, by his Majefty's fubjefis, and fuch goods and merchandiza (hall be fubie(!t to no hif^er or other duties, than would be payable by the citizens of the United Sutes on the importation of the fame in American vefTcls into the Atlantic ports of the faid States. And all goods not prohi- bited to be exported from the faid territories refpcdtively, may, in like manner, be carried out of the fame by the two parties relpedUve- ly, paying duty as aforeikid. No duty of entry (hall ever be levied by eitlier party on peltries Brought by land, or inland navigation into t]ie faid territories refpeA- irely ; nor (hall the Indians pa(fing or rcpailing with their own pro- per goods and effcAs, (^ whatever nature, pay tor the fame any im- pod or duty whatever. But goods in bales, or other large packages, unufual among Indians, (hall not be confidered as goods belonging hotiajide to Indians. No higher or other tolls or rates of ferriage than what are or (hall be payable by natives, (hall be demanded on either Cde ; and nd du- ties (hall be payable on any goods which (hall be merely carried over any of the portages or carrying places on either fide, for the purpofe of being immediately reimbarked and carried to fome other place or ])laces. But as by this (Kpulation it is only meant to fecure to each party afirce pa(rage acrofs the portages on both fides ; it is agreed, that this exemption firom duty (hall extend only to fuch goods as are car- ried in the ufual and dlreA road acrofs the portage, and are not at- tempted to be in any manner fold or exchanged during their pa(rage I r: -J • , TREATY OF AMITY acrofs the fame ( and proper regulationi may be edabliflied to pr«w rent the poflibility of any frauds in this refpedl. At thii article is intended to render in a great degree the local ad^ vantages of each party common to both, and thereby to promote a difpoHtion favorable to friendlhip and good neighborhood, it is agreed, th&t the rcfpe^ve goTernments will mutually promote this amicable intercourfe, by cauHng fpeedy and impartial juftice to be done, and necelTary prote^on to be extended to all who may be concerned therein. ARTICLE IV. • Whereas it is uncertain whether the river MifTiflippi extends fo far to the northward as to be interfered by a line to be drawn due weft from the Lake of the Woods, in the manner mentioned in the Trea- ty of Peace between his Majefty and the United Ptates : it is agreed* that meafuret (hall be taken in concert between his Majefty's go- rernmcnt in America and the government of the United States, for making a joint furvey of the faid river from one degree of latitude below the falls of St. Anthony, to the principal fource or fources of faid river, and tlie parts adjacent thereto ; and that if on the refult of fuch furvey, it IhoulJ appear that the faid river, would not be inter- fe<^ed by fuch a line as is above mentioned, the two parties will thereupon proceed by amicable negociation, to regulate the boundary line in tliat quarter, as well as all other points to be adjufted between the faid parties, according to julHce and mutual convenience, and in conformity to the intent of the faid Treaty* . ;^ ARTICLE V. Whereas doubts have arifen what river was truly intended under the name of the river St. Croix, mentioned in the faid Treaty of Peace, and forming a part of the boundary therein defcribed j that quedion (hall be referred to the final decifion of CommiiBoners to be appointed in the following manner, viz. * One Comrni-'fioner (hall be named by his Majefty, and one by the Prefident of the United States, by and with the advice and confent of the Senate thereof, and the faid two commilTioners (hall agree on the choice of a third; or if they cannot fo agree, they (hidl each propofe one perfon, and of the two names fo propofed, one (hall be drawn by lot in the prefence of the two original CommilBoners. And the three Commiflioners fo appointed, (hall be fwom, impartially to examine and decide the (aid quelHon, according to fuch evidence ai (hall refpedively be laid before them on the part of the Briti(h govern-; ment and of the United States. The faid Commiffioners (hall meet at Haliiax, and (liall have power to adjourn to fuch other place or WITH HIS BRITANNIC MAJESTY. f places at they (hall think fiu They (hall have power to appoint » Secretary, and to employ fuch Surveyor! or other perfoni a» they (hall judge necclTary. The faid comtniffionerB (ha\\, by a declaration under their handt and feala, decide what river is the river St. Croix intended by the Treaty. The faid declaration (hall contain a de- fcrlption of the faid river, and (hall particularize the latitude and lon« gitude of its mouth and of its fource. Duplicates of this declu'atton and of the (btcmcnts of their accounu, and of the journal of their proceedings, (ball be delivered by them to the agent of his Majefty, and to the agent of the United Sutes, who may be refpedtively ap* pointed and authorifcd to manage the bufinefs on behalf of the r> fpeAive governments. And both parties agree to confidcr fuch de> ciflon as final and conclufive, fo as that the fame (hall never thereaf- ter be called in queftion* or made the fubjedl of difpute or difference betweeq them. ARTICLE VI. Whereas it is alleged by divers Britifb merchants and others his Majefty's fubjeAs, that debts to a confiderable amount, which were honajuk contra^ed before the peace, ftill remain owing to them by citizens or inhabitants of the United States ; and that by the opera- tion of various lawful impediments (ince the Peace, not only the full recovery of the faid debts has been delayed, but alfo the value and fecurity thereof have been, in fevcral inftances, impaired andleffened, fothat by the ordinary courfe of judicial proceedings, the British cre- ditors cannot now obtain, and a^ually have and receive fiill and ade- quate compenfation for the lolFes and damages which they have l^ereby fuftained. It is agreed, that in all fuch cafes, where fiiU compenfation for fuch lo(res and damages cannot for whatever reafon be adlually obtained, had and received by the fuid creditors in the ordinary courfe of juftice, the United States will make full and com- plete compenfation for the fame to the faid creditors ; but it is diftind- ly underftood, that this provifion is to extend to fuch lo(res only as have been occafioned by the lawful impediments aforefaid, and is not to extend to \offtt occafioned by fuch infolvency of the debtors, or other caufes as would equally have operated to produce fuch a lofs, if the fame impediments had not exifted : nor to fuch \oSn or da- mages as have bees occafioned by the manifeft delay or negligence, or wilfiil omi(rion of the claimant. For the- piirpofe of afcertaining the amount of any fuch lo(res or damages, five CommiiTioners (hall be appointed, and authorized to meet and adt in manner following, viz. Two of them (hall be apr poinded by his Majefty, two of tliem by the Prefident of the United Stjtfes by and with tlie advice and poofent of the Senate thereof, and c z 7i I. r 7'' M TREATY or AMITY the fifth by the unatiindas ymce of the other four ; and if they ihbutd bot agree in fuch choice* then the Commiffiooers named by the two parties (hail refpedively propofe one peribn, and of the two names fo propofed, one ihali be drawn by lot, in the prefence of the four ori- ginal CommilTioners. When the five Commiffioners thus appointed (hall firft meet, they (hall, before they proceed to sl&, re^^vely uke the following oath or affirmation, in the prefence of each other, which oath or affirmation, being fo taken and duly attefted, (hall be entered on the record of their proceedings, viz. ** I yf. B. one of ** the Commiiitoners appointed in purfiiance of the fixth article of the *' Treaty of Amity, Commerce, and Navigation, between his Bri*^ ** tannic MajeHy and the United States of America, do folemnly ** fviwar, or ajlrm, that I will honefUy, diligently, impartially, aind ** carefully examine, and to the beft of my judgment, according to "juAice and equity, decide all fuch complaints, as, under the faid " article, (hall be preferred to the faid Commiffioners : and that I Avill ** forbear to a£t as a Commiifioner, in any cafe in which I may be ** perfonally intereftcd." Three of the faid CommiiEoners (hall conftitute a board, and(hall have power to do any a£t appertaining to the faid commi(rion, pro- vided that one of the Commiifioners named on each fide, and the fifth Commiifioner fliall be prefent, and all decifions (hail be made by the majority of the voices of the CommiiEoners then prefent. Eigh- teen moiiths from the day on which the faid CoromiiTioners (hall form ft board, and be ready to proceed to bufincfs, are ai&gned for receiv- ing complaints and applications | but they are neverthelefs authorifed in any particular cafes in which it (hall appear to them to be reafonable and juft, to extend the fame term of eighteen months for any term not exceeding fix months, after the expiration thereof. The (aid Com- miiHoners (hall iirft meet at Philadelphia, but they (hall have power Co adjourn from place to place as they (hall fee caufe. The faid Commiifioners in examining the complaints and applica- tions fo preferred to them, are empowered and required, in purfuance of the true intent and meaning of this article, to take into their con- fideration all claims, whether of principal or intereft, and balances of principal or intereft, to determine the fame refpedtively, accord, ing to the merits of the feveral cafes, due regard being had to all the circumilances thereof, and as equity and juiiice (hall appear to them to require. And the faid CommiOioners (hall have power to exa- mine all fuch perfons as (hall come before them, on oath or affirma- tion, touching the premifes ; and alfo to receive in evidence accord- ing as they may think moft confident with equity and juftice, all writ- ten depofltions, or books, or papers, or copies, or extrafts thereof, every fuch depofitipn, book, or paper, or ^xtrail, being duly authen- WITH HIS BRITANNIC MAJESTY. fi pcaai, Mthcr tuccording to the legal ibrtns ifow refpe^vely txiftiiDg in the two countries, or in fuch other manner as the faid Commiffir oners ihall fee caufe to reqiare or allow. The award of the faid Commiilioners or of any three of them at aforeCud, fhail in all cafes be final and conclufive, both as to the juf« tice of the claim, and to the amount of the iirni to be paid to the ere* dUitor or claimant : and the United States undertake to caufe\he fum fo awarded to be paid in fpecie to fuch creditor or claimant without dedudion ; and at fuch time or times, and at fuch place or places aa Ihall be awarded by the faid Commiffioners ; and on condition of fuch Teleafesoraffignments to be given by the creditor or claimant, as by the faid Commiffioners may be dire^Sled : Provided always, that no fuch payment (hall be fixed by the faid Commiffioners to take place fooner than twelve months from the day of exchange of the radficar- 4Uons of diis Treaty. ARTICLE VII. Whereas complaints have been made by divers merchants and •thers, citizens of the United States, that during the courfe of the 'war in which his Majefty is now engaged, they have fuftained confi- •derable lofies and damage, by rcafon of irregular or illegal captures or condemnati(ms of their veifels and other property, under eokMirof Authority or commiffions from his Majefty ; and that from various cir- cumftances belonging to the faid cafes, adequate compenfation for the loffes and damages fofuftained cannot now be aAually obtained, had and received by the ordinary courfe of judicial proceedings ; it isagreed, that in all fuch cafes, where adequate compenfation cannot, for what- ever reafon, be now a^ually obtained, had and received by the faid merchants and others in the ordinary courfe of judice, full and com- plete compenfation for the fame will be made by the Britiih Govern- ment to the faid complainants. But it is diftin^lly underftood that this provifion is not to extend to fuch loffes or damages as have been oc- cafloned by the manifeft delay or negligence, or wilful omiifion of the claimants. / That for the purpofe of afcertaining the amount of any fuch loffes and damages, five Commiffioners fliali be a})pointed and authorifed to a rity, on account of national differences and difcontents. ARTICLE XI. It is agreed, between his Majefty and the United States of America, that there (hall be a reciprocal and entirely perfeft liberty of navigation and commerce between their refpeftive people, in the manner, under the limitations and on the conditions fpccified in the following articles: ARTICLE Xn. His Majefty confents, tliat it (hall and may be lawful during tlie time herein after limited, for the citizens of the United States to carry to any of his Majefty's iflands and' ports in the Weft-Indies from the United States, in their ov/n ve(rels, not being above the burthen of feventy tons, any goods or merchandizes being of the growth, ma- nufa-ftu* or produce of the faid ftates, which it is or may be lawful to carry to the fa!d iflands or ports from the faid ftates in Britifh vef- fels •, and that the faid American vefFels (liall be fubjeft there to no other or higher tonnage duties or charges, than (hdl be payable by Britifh vcffds in the ports of the United States ; and that the car- goes of the faid American vefTels ftiall be fubjea there to no other or higher duties or charges, than (hall be payable on tl\e like articles if imported there fiom the faid ftates in Britifh veffels. ) If , A 4- y c r •1 -, i I *4 TREATY OF AMITY /' And his Majefty alfo confenrs, that it (hall be lawful for the faid American citizens to purchafe, load, and carry away in their faid Tcffels to the United States, from the faid iflands and ports, all fuch articles being of the growth, manufadlure or produce of the faid iflands, as may flow by law be carried from thence to the faid ftates in Britifli vefl*els, and fubjeft only to the fame duties and charges on exporta> tion, to which Britifli vefTels and their cargoes are or fliall be futgeft ib fimilar circumflancei. "'Kofidcd always, that the faid American vefTels do carry and land ^ tiieir c&rgoes in the United States only, it being cxprefsly agreed and declared, that during the continuance of this article, the United States will prohibit and reftrain the carrying away any molafles, fugar, coffee, cocoa or cotton in American veflels, either from his Majefly's iflands, or from the United States to any part of the world except the Utiited Std:tes, reafbnable fea flores excepted. Provided^ alfo, diat it fhatl and may be lawflil, during the fame period, for Britifh' tefTeh to itnport from the faid iflands into the United States, and to export from the United States to the faid iflands, all articles, whatever being of the growth, produce or manufadure of the faid iflands, or of the United States re^eftively, which now may, by the laws of the faid fhtes, be fo imported and exported. And that the cargoes of the faid Britifli veffeh fhall be fubjedt to no other or higher duties or charges, than fliall be payable on the fame articles, if fo imported or exported in American vefTels. It is agreed, that this article and every matter and thing therein Contained, fliall eontinue to be in force during the continuance of the War in which his Majefty is now engaged ; and alfo for two years from and afler the day of the fignature of the preliminary or other articles of peace, by which the fame may be terminated. And it is further agreed, that at the expiration of the faid term, (he two cotttrading parties will endeavour further to regulate their commerce in this refpeA according to the fituation in which his Ma- jefty may then find himfelf with refpeft to the Wcft-Indies, and with * view to fiicfa arrangements as may befl conduce to the mutual ad- v%titage and extenfion of commerce. And the faid parties will then felib renew their difcufTiOns, iand endeavour to agree, whether in any «nd what cafetf, neutral veffels ftiaM protect enemy's property ; and in what cafes provifion^ and other articles, not generally contraband, may become fuch. But in the mean time, their condnA towards each other in thefe refpedts, fliall be regulated by the articles herein lifter inferted oa thofe fltbjeAe. >'/ WITH HIS BRITANNIC MAJESTY. U ARTICLE XIIL His Majefty confents, that the vefTels belongiag to the cit'izent of the United States of America, (hall be admitted and hoTpitably re- ceived, in all the fea ports and harbours of the Britilh territories in the Eaft-Indies. And that the citizeni of die faid United States, may freely carry on a trade between th,e faid territcmes and the faid United Sutes, in all articles of which the importation or exportation rcipedlively, to or from the faid territories, (hall not be entirely pro* hibtted. provided only, that it (hall not be lawful for them in any time of war between the Briti(h government and any other power or (late whatever, to export from tlie faid territories, witliout the fpe- cial permiilioo of the Britiih government there, any military (lores, or naval ftores, nr rice. The citizens of the United States (hall pay for their vefTels, when admitted into the faid ports, no other or higher tonnage duty than (hall be payable on Briti(h ve(rels, when admitted into the ports of the United States. And they (hall pay no other or higher duties or charges, on the importation or exporution of th« cargoes of the faid veffels, than (hall be payable on the fame articles when imported or exported in Brtti(h ve(rels. But it is exprefsly Agreed, that the veflels of tlie United States (hall not carry any of the articles exported by them from the faid Britifh territories, to any pen or place, except to fome port or place in America, where the fame ihall be unladen, and fuch regulations (ball be adopted by both par- ties, as (hall firom time to time be found necefTary to enforce the due and faithful obfervance of this ftipulation. It is alfo underftood that the permiiRon granted by this article, is not to extend to allow the veffels of the United States to carry on any part of the coafting trade of the faid Britifh territories ; but vefT^ls going with their original cargoes, or part thereof, from one port of difcharge to anotlier, arc not to be confidered as carrying on the coafting trade. Neither is this article to be conftrucd to allow the citizens of the faid ftates to fettle or refide within the faid territories, or to go into the interior parts thereof, without the permifTion of tlie Britifh government efta- blifhed there ; and if any tranfgreflion (hould be attempted againft the regulations of the Britifh government in this refpe^, the obfervancc of the fame (hall and may be enforced agaipfl the citizens of America in the fame manner as againft Britiili fubjefls, or others tranfgreClng the fame rule. And the citizens of the United States, whenever tliey arrive in any port or h.irbour in the faid territories, or if they fhould be permitted in manner aforefaid, to go to any other place thei'ein, (hall always be fubjeft to the laws, government and jurifdi^on of what nature eftablifhed in fuch harbour, port or plnce, according as the fame may be. The citizens of tlie United States may alfb c 5; r r i6 TREATY OF AMITY I ii touch for refrefhtnent at the ifland of St. Helena, but fubjeA in all refpeAs to fuch regulations as the Britifli government may from time to time eflablifh there. ^ ARTICLE XIV. There (hall be between all the dominions of his Majefty.in Europe and the territories of the United Sutes, 9. reciprocal and perfeA liberty of commerce and navigation. The people and inhabitants of the two countries refpedively, (hall have liberty freely and fecurely* and without hindrance and moleftation, to come with their (hips and cargoes to the lands, countries, citi ■, ports, places, and rivers, within the dominions and territories aforefaid, to enter into the fame, to refort there, and to remain and refide there, without any limita- tion of time. Alfo to hire and po(rcfs houfes and warehoufes for the purpofes of their commerce, and generally tlie merchants and traders on each fide, (hall enjoy the mod complete proteAion and fecurity for tl;eir commerce ; but fubjei^ always, as to what refpeds this article, to the laws and llatutes of the two countries refpedively. ,ARTICI.E XV. 1 It is agreed, that no other or higher duties (hall be paid by the (hips or merchandize of the one party in the ports of' the other, than fuch as are paid by the like vefTels or merchandize of all other na- tions. Nor (hall any other or higher duty be impofed, in one country, on the importation of any articles of the growth, produce, or manu&Aure of the other, than are or (hall be payable on the impor> tation of the like articles being of the growth, produce, or manu- facture of any other foreign country. Nor (hall any prohibition be impofed on the exportation or importation of any articles to or from tlie teritories of the two parties refpeiStively, which (hall not equally extend to all othtr nations. But the Britifli government refef ves to itfelf the right of impofing on American veSds entering into the Britilh ports in Europe, a ton- nage duty equal to that which (hall be payable by Briti|h velTels in the ports of America: And alfo fuch duty as may be adequate to coun- tervail the diflPerence of duty now payable on the importation of Eu- ropean and ACatic goods, when imported into the United States in Britifli or in American veflels. ' The two parties agree to treat for the more exaft equalization of the duties on the refpeftive navigation of their fubjefts and people, in fuch manner as may be moil beneficial to the two countries. The airangements for this purpofe fliall be made at the fame time, with thofe mentioned at the concludon of the twelfth article of this treaty, and are to be confidercd a? a part thereof. In the interval, it i$ -I li WITH HIS BRITANNIC MAJESTY. *1 agreed, that the United States will not impofe any new or additional tonnage duties on Britifti vefTels, nor increafe the now fubfiftiiig dif- ference between the duties payable on the importation of any articles in Britiih or in American veflels. ARTICLE XVI. It (hall be free for the two contraAing parties, refpeftively to ap- point confuls for the proteAion of trade, to refide in the dominions and territories aforefaid ; and the faid confuls (hall enjoy thofe liber- ties and rights which belong to them by reafon of their function. But before any conful (hall a6t as fuch, he (hall be in the dual forms appro- ved and admitted by the party to whom he is fent ; and it is hereby declared to be lawful and proper, that in cafe of illegal or improper «onduA towards the laws or government, a conful may either be pun^ i(hed according to law, if the laws will reach the fiafe, or be difmilTed, or even fent back, the o({ended government adigning to the other their reafons for the fame. Either of the parties may except firom the re(idence of confuls fuch particular places, as fuch party (hall judge proper to be fo excepted. ARTICLE XVIL It is agreed, that in all cafes where veflels (hall be captured or de- tained on jud fufpicion of having on board enemy's property, or of . carrying to the enemy any of the articles which are contraband of , war ; the faid veflel (hall be brought to the neareft or mod convenient port ; and if any property of an enemy (hould be found on board fuch veffel, that part only which belongs to the enemy (hall be made prize, and the ve(rel (hall be at liberty to proceed with the remainder with- out any impediment. And it is agreed, that all proper meafures (hall be taken to prevent delay, in deciding the cafes of (hips or cargoes fo brought in for adjudicatioii } and in the payment or recovery of any indemnification, adjudged or agreed to be paid to the mailer or own- ers of fuch (hips. ARTICLE XVIII. In order to regulate what is in future to be deemed contraband of war, it is agreed, that under the faid denomination (hall be comprif- ed all arms and implements ferving for the puqKjfes of war, by land or fea, fuch as cannon, mudcets, mortars, petards, bombs, grenadoes, carca(res, fauciiTes, carriages for cannon, muflcets' refts, bandoliers, gun powder, match, falt-petre, ball, pikes, fwords, head-pieces, cuira(res, halberts, lances, javelins, horfe furniture, holiters, belts, and generally all other implements of war ; as alfo timber for (hip- building, tar or rozin, copper in (Iicets^ fails, hemp and cordage, zad K 18 11 1,11 TREATY OF AMITY geoerally whatever may ferve direaly to the equipment of vcflels, unwrought iron and fir-plaoks only excepted { and jdl the above arti- cles are hereby declared to be juft objeAi of confifcauon, whenever they are attempted to be carried to any enemy. And whereas the difficulty of agreeing on the precife cafes in which alone proviHons and other articles not generally contraband may be regarded as fuch, renders it expedient to provide againft the inconve- niencies and mifunderftandings which might thence arife : It is fur- ther agreed, that whenever any fuch articles {o becoming contraband* according to the exifting laws of Nations, (hall for that reafon be feized, die fame fliall not be confifcated, but the owners thereof (ball be fpeedily and completely indemnified ; and die captors, or in their de&ult, the government under whofe authority they a^, (hall pay to the mafters or owners of fuch VeiTels, the full value of all articles* with a reafbnable mercantile profit thereon, together with the fieight, and alio the demurrage incident to fuch detention. And whereas it frequendy happens that vefTels fail for a port or 'jplace belonging to the enemy, without knowing that the fame is either be(teged, blockaded, or in veiled j it is agreed, that every veffel fo circumftanced, may be turned away from fuch port or place, but (he (hall not be detained, nor her cargo, if not contraband, be confif- cated, unlefs after porice (he (hall again attempt to enter ; but fee (hall be permitted to go to any other port or place (he may think pr(^r : Nor (hall any veflel or goods of either party, that may have entered into fuch port or place, before the fame was befieged, blockaded or invefted by the other, and be found therein after the redudtion or fur- bender of fuch place, be liable to confifcation, but (hall be reftored to l^e owners or proprietors thereof. ARTICLE XIX. And that more abundant care be taken for the fecurity of the re-r fpeftive fubjefts and citizens of the contracting parties, and to pre- vent their fuffering injuries by th? men of war, or privateers of either party, all commanders of (hips of war, privateers, and all others the faid fubje^s and citizens, (hall forbear doing any damage to thofe of the other party, or committing any outrage againft them, and if they aft to the contrary, they (hall be puniihed, and (hall alfo be bound in their perfons and eftates to make fatisfacflion and repara- don for all damages, and the intereft thereof, of whatever nature the faid damages may be. For this caufe all commanders of privateers, before they receive their commilTiohs, (hall hereafter be obliged to give before a compe- tent judge, fufiicient fecurity, by at leaft two rcfponfiblc fureties, who have no intered in the faid privateer, each of whom, together with .1 WITH HIS BRITANNIC MAJESTY. i4 the faid commandert (hall be jointly and fererally bound in the fom of fifteen hundred ponnds fterling, or if fuch (hips be provided with above one hundred and fifty feamen or foldiers, in the fum of three thoufand pounds (lerling, to fatisfy all damages and injuries, which the faid privateet, or her officers or men» or any of them may do or commit during their cruife, contrary to the tenor of this Treaty, or to the laws and inftmdHons for regulating their conduA ; and further, that in all cafes of aggreffions, the faid commifEons (hall be reroked and annulled. It is alfo agreed, that whenever a jadge of a court of admiralty of either of the partica, (hall pronounce fentence againft any veffel, or goods or property belonpog to the fubje^s or citizens of the other party, a formal and duly authenticated copy of all the proceedings in the caufe, and of the faid (entence, (hall, if required, be delivered to the commander of the faid veflel, without the fmalleft delay, he paying all legal fees and demands for the famen ARTICLE XX. It is further agreed, that both the faid contracting parties, fhall not only refufe to receive any pirates into any of their ports, havens, or towns, or permit any of tbdr inhabitants to receive, prote^, har- bour, conceal or alHft them in any nntmier, but will bring to coMBga pnnifhment all fuch inhabitants as (hall be guilty of fuch aAs or olfences. And all then* (hips, with the goods mr merchandizes taken by them and brought into the port of either of the faid parties, (hall be (eiaed as far as they cain be difco\'ered, and fhall be reflored to the owners, or their factors or agents, duly deputed and andiorized in writing by them (proper evidence being firft given in the court of admin^ for proring d»e property) even in caie fuch effcdb (hould have pafTed into other hands by fale, if it be proved that the buyers knew, or had good teafoo to believe, or fnfpcift that they hadbtcn piratically taken. ARTICLE XXL It is likewife agreed, thnt the (ufajeAs and citizens of the two na- tions, (haH not do any adts of hofHlity or violence againd each other, nor accept commiiTions or inflrudlions fo to z& from any foreign prince or ftate, enemies to the other party ; nor (hall the enemies of one of the parties be pcrn^itted to invite, or endeavor to enlift in their military fervice any of the fufejefts or citizens of the other party ; and the laws againft all fuch offences and aggreflions, (hall be puniftu- ally executed. And if any fub'teft or citizen of the faid parties re- fpe^ivcly, (hall accept any foreign commi/non, or letters of marque, for arming any vefTel to aA as a privateer againil the other party, and !lf! / i! I ' I I I i I I ao TREATY OF AMITY <^-t- be ukcn by the other party, it is hereby declared to be lawful for the faid party to treat and punifli the faid fubjedt or citizen, having fuch commiffion or letters of marque, as a pirate. ARTICLE XXII. It is exprefsly ftipulated, that neither of the faid contracting par- ties will order or avtthorize any a^s of reprisal againft the other, on complainu of injuries or damages, until the faid party (hall iirft have prefented to the other a flatement thereof, verified by competent proof and evidence, and demanding juftice and fatisfadlion, and the lame (hall either have been refufed or unreafonably delayed* ARTICLE XXIIL The (hips of war of each of the contraAing pardes (hall at all times be hofpitably received .in the ports of the other, their officers and crews paying dt^efpeA to the laws and government of the coun- try. The ofHcers (hall be treated with that refpedl which Is due to the commidions which diey bear, and if any infult (hould be offered to diem by any of the inhabitants, all offenders in this refpe«St (hall be puni(hed as didurbcrs of the peace and amity between the two countries. — ^And his Majefty confents, that in cafe an American vefTel (hould, by ftrefs of weather, danger from enemies or other mif- fortunes, be reduced to the neceffity of feeking (helter in any of his Majefty's ports, into which fuch veffel could not in an ordinary cafes claim to be admitted, (he (hall, on manifefting that neceflity to the fa- tis&ftion of the government of the place, be hofpitably received and permitted to refit, and to purchafe at the market price, fuch neceffa- ries as (he may (land in need of, conformable to fuch orders and re- gulations as the government of the place, having refpedt to the cir- cumftances of each cafe, (hall prefcribe. She (hall not be allowed to break bulk or unload her cargo, unlefs the fame (hall be bonajide ne- cefTary to her being refitted. Nor (hall (he be permitted to fell any part of her cargo, unlefs fo much only as may be necefTary to defray her expences, and then not without the exprefs permi(rion of the go- vernment of the place. Nor (hall (he be obliged to pay any duties whatever, except only on fuch articles as (he may be permitted to fell foe the purpofe afbrefaid. i . j.^vv ;;:*,jn.. . ; -. .^ ^ ,.,, i v, -j^ ARTICLE XXIV. "■■'■- ' '■''■''■■^'-'-'-^ It (hall not be lawful for any foreign privateers (not being fubjedls or citizens of either of the faid parties) who have commiflions from any other prince or (tate in enmity with either nation, to arm their (hips in the ports of either of th? faid parties, nor to fell what they have taken, nor in any manner to exchange the fame ; nor (hall they WITH HIS BRITANNIC MAJESTY. ai be allowed to purchafo more provifions, than (hall be neceflary for their going to the neareft port of that prince or ftatc from whom they obtained their commiiGoni. ARTICLE XXV. It fliall be lawful for the Hiips of war and privateers belonging to the faid parties refpe^vely, to carry whitheHbeTcr they pleafe, the (hips and goods taken from their enemies, without being obliged to pay any fee to the ofHcers of the admiralty, or to any judges whatever ; nor fliall the faid prizes when they arrive at, and enter the ports of the faid parties be detained or feized ; neither fliall the feardiers or other oflicers of thofe places viHt fuch prizes, (except for the purpofe of preventing the carrying of any part of the cargo thereof on fliore in any manner contrary to the eftabliflied laws of revenue, naviga- tion, or commerce) nor fliall fuch officers take cognizance of the. validity of fuch prizes ; but they fliall be at ltbe{|y to hoifl fail, and depart as fpecdily as may be, and carry their faid prizes to the place mentioned in their commiflions or patents, which the commanders of the faid fliips of war or privateers fliall be obliged to fliew. No fliel- teror refuge fliall be given in their ports to fuch as have made a prize upon the fubjedls or citizens of either of the faid parties ; but if forced by ftrefs of weather, or the danger of the fea, to enter therein, particular care (hall be taken to haften their departure, and to caufe them to retire as foon as poflible. Nothing in this Treaty contained fliall, however, be conftrued or operate contrary to former and exift- ing public treaties with other fovereigns or ftates. But the two par- ties agree, that while they continue in amity, neither of them will, in future, make any Treaty that fliall be inconllftent with this or the preceding article. , ^ -, Neither of the faid parties fliall permit the fliips or goods belong- ing to the fubjedls or citizens of the other to be taken within cannon fliot of the coaft, nor in any of the bays, ports, or rivers of their ter- ritories by fliips of v/ar, or others having commiilion from any prince, republic, or Hate whatever. But in cafe it ftiould fo happen, the party whofe territorial rights fliall thus have bean violated, fliall ufc his utmoll endeavours to obtain from the offending party, full and ample fatisfliftion for the veflel or veflel^ fo taken, whether tlie fame be vefTels of war or merchant vefTels. i^. : .r,.H.«". ARTICLE XXVL ' / If, at any time, a rapture fhould take place (which God forbid !) between his Majefty and the United States, the merchants and others of each of the two nations, refiding in the dominions of the other, ftiall have the privilege of remaining and continuing their trade, r »■• t V r ■A D \ M TREATY OF AMITY sf. fo \ongA9 they behare peaceably and commit no offence againft the laws ; and in cafe their conduA Oiould render them fufpcAed* and the refpe(flive governments fliould think proper to order them to re- move, the term of twelve months from the publication of the order, (hall be allov(ed them for that purpofe, to remove with their families, ciFeAs and prlj^rty ; but this fovour (hail not be extended to thofe who (hall adt' contrary to the e(tabH(hed laws ; and for greater cer- tainty, it is declared thatfuch rupture (hall not be deemed to exift while negociations for accommodating differences (hall be depending, nor until the refpedHve amba(radors or minifters, if fuch there (hall be, (hall be recalled, or fent home on account of fuch differences, and not on account of perfonal mifconduA, according to the nature and degrees of which both parties retdn their rights, either to requeft the recal, or immedately to fend home the amba(rador or minifter of , the other ; and that without prejudice to their mutual friend(hip and good underftanding* ARTICLE XXVII. It is further agreed, that his Majefty and Uie United States, on mutual requifitions, by them refpedlively, or by their refpe£tive mi- nifters or o({icers authorized to make the fame, will deliver up to ju(Uce all perfons, who, being charged with murder or forgery, committed within the jurifdiAion of either, (hall feek an afylum within any of the countries of the other, provided that this (hall only be dope on fuch evidence of crimiifality as, according to the laws of the jface, where the fugitive or perfon fo charged (hall be found, would juftify his apprehenfion and commitment for trial, if the of- fence had there been committed. The expencc of fuch apprehen- hen(ion and delivery (hall be borne and definayed, by thofe who make the requifition and receive the fugitive. ARTICLE XXVIIL It is agreed, that the (irft ten articles of this Treaty (hall be per- manent, and that the fubfequent articles, except ^e twelfth, (hall be limited in their duration to twelve years, to be computed from the day on which the ratifications of this Treaty (hall be exchanged, but fubjeft to this condition. That whereas the faid twelfth article will expire, by the limitation therein contained, at the end of two years from the (igning the preliminary or other articles of peace, which (hall terminate the prefent war in which his Majefty is engaged, it is agreed, that proper meafures (lull by concert be taken, for bringing the fubjeift of that article into amicable treaty and difcdfion, fo early before the expiration of the faid term, as that new arrangements oo that head, may by that time be perfe^ed and ready to take place. WITH HIS BRITANNIC MAJESTY. »8 be per- rom the ed, bat de will fo yean vrhich ed» it is ringing fo early lents oa place. But if it ihoul4 unfortunately happen, that his Majefty and the United StateSf fliould not be able to agree on fuch new arrangements, in that cafe, all the articles of this Treaty, except the firll ten, then fhall ceafe and e^ire together. LASTLY. This Treaty, when the fame (hall have been ratified by his Ma- jefty, and by the Prefident of the United States, by and with the advice and confent of their Senate, and the refpedlive ratifications mutually exchanged, (hall be binding and obligatory on his Majcdyand on the faid States, and (hall be by them refpedltively executed, and ob- ferved, with punAuality and the moft fmcere regard to good faith ; and whereas it will be expedient, in order the better to facilitate intA courfe and obviate difficulties, that other articles be propofed and ad- ded to this Treaty, which articles, from want of time and other cir- cumftances, cannot now be perfcAed — ^it is agreed, that the faid •• parties will, from time to time, readily treat of and concerning fuch . articles, and will (incerely endeavour fo td form them, as that they may conduce to mutual convenience, and tend to promote mutual fa- tisfa£tion and friend(hip ; and that the faid articles, after having been t duly ratified, (hall be added to, and make a part of tliis Treaty. In fiiith whereof, we, the underligned Mini(iers Plenipotentiary of his Majefty the King^f Great Britain, and the United States of America, havefigned this prefent Treaty, and have caufcd to be a(!ixed thereto the leal of our arms. Done at London, this nineteenth day of November, One Thottfand Seven Hundred and Ninety-four. GRENVILLE. JOHN JAY. (Sea/.) (Seal.) ■' "^■..'^'^ -z 2 ri r. J. 5:: s:*' y '•'■<*■■ **<#■ 19 i' I ' 11 . liii ! M I ' CONDITIONAL RATIFICATION ON THE PART OF THE UNITED STATES. In Senate, ^um 24, i795< RESOLVEDt That the Senate do copfent to, an4 advife the Prefident of the United States to ratify the Treaty of Amity, Com- merce and Navigation, between his Britannic Majefty and the United States of America, concluded at London, the 19th of November, 1794, on condition that there be added to the ^aid Treaty, an Ar- ticle, whereby it (hall be agreed to fufpend the operation of fo mu(Ji of the 1 2th Article, as rdpedls the trade which his faid Majefty thereby confents may be carried on between the United States and his iflands in the Weft-Indies, in the manner, and on the terms and conditions thefeit)^ ipecified. And the Senate recommend to the Prelidect, to proceed, with- out delay, to further friendly negociatiohs with his Majefty, on the fubjeA of the faid trade, and of the terms and conditions i;| queftion. H m t^-fiiS'^ ^ A P P E N D I X. LETTER FROM MR. JEFFERSON TO MR. HAMMOND. Philadelphia, Sept. 5, I794« s I R. I AM honoured with yours, of Auguft 30. Miqe of the 7th of that month afliired you, tha^ meafures were taken for excluding iron) all further afylum in our ports, vefTels armed in them to cruize on nauons with which we are at peace, and for the reftoration of the prizes the Lovely Lafs, Prince William Henry, and the Jane, of Dublin ; and that fliould the meafures for reftitution fail in their effeifl, the Prelident conddered it as incumbent on the United States to make compenfation for the reflels. We are bound, by our treaties with three of the belligerent na-> . fions, by all the means in our power, to proted and defend their . yellels and eifedls in our ports, or waters, or on the feas near ou^ (hores, and to recover and reftore the fame to the right owners, when taken firom them. If all the means in our power are ufed, and fail in their effed, we are not bound^ by our treaties with thofe nations, to make compenfation. Though we have no fimilar treaty with Great Britain, it was tht opinion of the Preiident, that we fhould uf^, towards that nation, the , fame rule, which, under tliis article, was to govern us witli the other nations ; and even to extend it to captures made on the high leas,, and brought into our ports, if done by veflels which had beea armed within them. Having, for particular reafons, forbore to ufe all the means in our power for the reftitution of the three veffcls mentioned in my letter of Auguft 7th, the Prefident thought it incumbent on the United States to make compenfation for them ; and though nothing was faid in that letter of other vefTels, taken under like circumftances, and brought in after the fifth of June, and before the date of that letter, yet, when the fame forbearance had taken place, it was, and is, hit ppinion, that compenfation would be equally due. As to prizes made under the fame circumltances, and brovght in after the date of that letter, the Prefident determined that all the means in our power fhould be ufed for their reftitution. If thefe fail, «s we ftiouljl not be bound by our treaties to make compenfation ti Other powers in the analogous cafe, he did not mean to give an opi* I rt r i .x i; 'hi ■ 11 »6 Mr. JEFFERSON TO Mr. HAMMOND. nion that it ought to be done to Great Britain. But ftill, if any cafes fhall arife fubfequent to that date, the circumflances of which fliall place them on fimilar ground with thofe before it, the Prefident would think compenfation equally incumbent on the United States. Inilruflions are given to the governors of the different ftates, to ufe all the means in their power for reftoring prizes of this laft defcrip- tion found within their ports. Though ^ey vrill of courfe take mea- fures to be informed of them, and the general government has given them the aid of the cuftom-houfe officers for this purpofe ; yet you will be fenfible of the importance of multiplying the channels of their infor- inauon as far as fhall depend on yourfelf, or any other perfon under your direction, in order that the governors may ufe the means in their power for making reflitution. Without knowledge of the capture, they cannot reftore it. It will always be beft to give the notice to them directly ; but any informa- tion whidi you fhall be {Jeafed to fend to me, alfo, at any time, fhall be forwarded to them as quickly as diflance will permit. Hence you will perceive. Sir, that the Prefident contemplates re- 'ftitqj^on or compenfation in the cafes before the 7th of Augufl ; and, after that date, refHtution if it can be efFeded by any means in our power. And that it will be important that you fhould fubflantiate the h€t, that fuch prizes are in our ports or waters. Your liA of the privateers illicitly armed in our ports, is, I be> lieve, correft. With refpeA to lofles by detention, wafte, fpoliation fufldned by treiTels taken as before mentioned, between the dates of June 5th and Augi^ 7th, it is propofed as a provifional meafure, that the coUeAor of £e cuftoms of the (Uftrift, and the Britifh conful, or any other per- fon you pleafe, fhall appoint perfons to eflablifh die value of the vefTel and cargo, at the time of her capture and of her arrival in the port into which fhe is brought, according to then: value in that port. If this fhall be agreeable to you, and you will be pleafed to fignify it to me, with the names of tne prizes underflood to be of this defcrip- tion, inflrudions will be given accordingly, to the collectors of the ^ufloms where the refpedtive vefTels are. I have the honour to be, &c. r ' / (Signed) THOMAS JEFFERSON, Ceo. Hammqwd, Efq, «. » m's^-. y y Mr. BURR'8 motion. WHILST the Treaty tutu nnier dtfcujjim m the Senate^ the f allowing fropojitions were brought forward^ and rtJj^Sfully offered at Subftu tutet to the refilution of Ratification, which ultimately frevaikd^ ;«i MR. burr's motion. THAT the further conddertion of the Treaty concluded at Lon- don the 19th of November, 1794, bepoftponed; and that it be recommended to the Prefident of the United States to proceed with- out delay, to further fi-iendly negociation with his Britannic Majeiiry, in order to efTedb alterations in the fud Treaty, in the following par- ticulars : That the 9th loth and 24th Articles, and fo much of the 25th as relates to the flielter or refuge, to be given to the armed veflels of ftates or fovereigns at war with either party, be expunged. 2d Art. That no privilege or right be allowed to the (ettlers or traders mentioned in the 2d Article, other than thofe which are fe- cured to them by the Treaty of 1783, and exilting laws. 3d Art. That the 3d Article be expunged, or fo modified that the citizens of the United States may have the ufe of a// rivers, ports and places within the territories of his Britannic Majefty in North- America, in the fame manner as his fubje<5ls may have of diofe of the United Sutes. 6th Art. That the value of the negroes and othet property, car- ried away contrary to the 7th article of the Treaty of 1783, and the loft and damages fu/lained by the United States by thedetention of the pojlst be paid for by the Britifh government : the amount to be a£<' certained by the Commiffioners who may be appointed to liquidate the claims of the British creditors. 1 2th Art. That what relates to the Weft-India trade, and the provifos and conditions thereof in the 1 2th article, be expunged, or be rendered much more favourable to the United States, and with- out any reftraint on the exportation in veflels of the United States, of any articles, not the growth, produce or manufafture of the faid iflandsof his Britannic Majefty. 15 th Art. That no claufe be admitted which may refttain tho United States fi-om reciprocating benefit? by difcriminating between foreign nations in their commercial arrangements, or prevent then) from increafing the tonnage, or other duties on Britifh veflels, 09 terms of reciprocity, or in a ftipulated ratio. 21ft Art. That the fubje<5ts or citizens of either party, be not rc- ftrained from accepting commiiSons in the army or navy of any fo- reign power. *> • ■ 5i ■•*; w I f ! !l i! !!!!| i% Mr. TAZEWELL'S MOTION. THAT the Prcfident of the United States be informed, that the Senate will not confent to the ratification of the Treaty of Amity, Commerce and Navigation, between the United States and his Bri-^ tannic Majefly, concluded at London on the 19th of November, 1 794, for the reafons following — 1. Becaufe fo much of the Treaty as was intended to terminate the complaints, flowing from the inexecution of the Treaty of 1783, contains ftipulations that were not rightfully or juftly requirable of the United States, and wi ich are both impolitic and injurious to their intereft ; and becaufe he Treaty hath not fecured that fatisfac- tion from the Britifli govern lent, for tlie removal of negroes, in vio-' lation of the Treaty of 1 783, to which the citizens of the United States were juiUy entitled. 2. Becaufe the rights of individual States are by the 9th article of the Treaty, unconftitutionally invaded. 3. Becaufe, however impolitic or unjuft it may generally be, to exercife the power prohibited by the loth article, yet it reus on le-. giflative difcretion, and ought not to be prohibited by Treaty. 4. Becaufe fo much of the Treaty, as relates to commercial ar« rangements between the parties, wants that reciprocity, upon which ■ alone, fuch like arrangements ought to be founded, and will operate, ruinoufly to the American commerce and navigation. 5. Becaufe the Treaty prevents the United States from the exer* cife of that controul over their commerce and navigation, as connect* ed with other nntions, which might better the condition of their in- tercourfe with friendly nations. 6. Becaule the Treaty alTerts a power in tlie Preddent and Senate, to controul and even annihilate the conftitutional right of the Cota- grefs of the United States, over their commercial intercourfe with foreign nations. 7. Becaufe, if the conftrudtion of this Treaty fliould not produce an infraftion of the treaties now fubfifting between the United States and their allies, it is calculated to excite fenfations, which may not operate beneficially to the United States. Notwithflanding the Senate will not confent to the ratification of this Treaty, they adviie the Prefident of the United States to continue his endeavours by friendly dlfcuflion with his Britannic Majefty, to adjuft all the real caufes of complaint between the two nations. Thefe propofitions were both rejected by a vote of 20 to 10. We are informed that the members who voted in the affirmative were, Brown, Bloodwortht Burr, Butler, jfacltfon, Langdon, Martin^ Mafon, Robinfon, and Tazewell. i.' In the negative, '\ S'ttigham, Bradford, Cabot, Eifworth, FrcUnghi:xfen, Fojter, Gunttf Henry, King, Latimer, Paine, Potts, Read, Rofs, Kutherfordt Strong, Trumbull, P'inlng, Llvtrmore, and MarJbalL [ *9 ] TREATT of Amity and Commerce be- tween his Mojl Chrijiian Majejly^ and the thirteen United States of America. hichi jratCy;.. l rang, THE moft Giriflian King, and the thirteen United States of ' North America, to w//, New-Hampfliire, Maflachufetts-bay, Rhode*Ifland, Conne fpedl of commerce and navigation, which (hall not immediately be- come common to the other party, who ftiall enjoy the fame favour freely, if the conceffion was n-eely made— or on allowing the fame compenfation, if the conceifion was conditional. III. The fubjeds of the Mofl Chriftian King, fhall pay in the ports, havens, roads, countries, illands, cities, or towns of the United States, or any of them, no other or greater duties or impofts, of what nature foever they may be, or by what name foever called, than thofe which the nations mod favoured are or (hall be obliged to pay : and , they (hall enjoy all the rights, liberties, privileges, immunities, and exemptions in trade, navigation and commerce, whether in pading from one port in the faid itates to another, or in going to and fron^ the fame, from and to any part of the world, which the faid nation! , do or (hall enjoy. IV. The fubjeds, people, and inhabitants of the faid United States, and each of them, (hall not pay in the ports, havens, roadsi ifies, cities, and places, under the domination of his Moft Chriftian Majefty in Europe, any other or greater duties or impofts, of what nature foever they may be, or by what name foever called, than thofe which the moft favoured nations are or (hall be obliged to pay : and they (hall enidy all the rights, liberties, privileges^ immunities, and exemptions m trade, navigation, and commerce, whether in pafling l^om one port in the faid dominions in Europe, to another, or in go- ing to and from the fame, from and to any part of the ^orldj which the faid nations do or (hall enjoy. V. In the above exemption is particularly comprifed the impofi* tion of one hundred fols per ton, eftablifhed in France on foreign (hips-, unlefs when the (hips of the United States fhall load with the merchandiTe of France, for another port of the fame dominion : in which cafe, the faid (hips (hall pay the duty above mentioned, fo long as other nations the moft favoured (hall be obliged to pa) it : but it is underftood, that the faid United States, or any of them, are at liberty, when they (hall judge it proper, to eftablifh a duty equivalent in the fame cafe. VI. The Moft Chriftian King (hall endeavour, by all the means in his power, to protect and defend all ve(rels, and the effedls, be- longing to the fubje(5ls, people, or inhabitants of the faid United States, or any of theni, being in his ports, havens or roads, or on the feas near to his countries, iflands, cities or towns ; and to recover and reftore to the right owners, their agents, or attornies, all fuch ve(re]s and effedts, which (hall be taken within his jurifdidlion : and the (hips of war of his Moft Chriftian Majefty, or any convoy fail- ing under his authority, (hall, upon all occadons, take under their protection, all veffeh belonging to the fubjedls, people, or inhabi-' tants of the faid United States, or any of them, and holding the fame courfe, or going the fame way, and ftiall defend fuch veflels as long as they hold the fame courfe, or go the fame way, agaibft all WITH HIS MOST CHRISTIAN MAJESTY. 31 attackst force» and violence, in the fame manner as they ought to proteA and defend the veflels belonging to the fubjeAs of the Mod Chriftian King. VII. In like manner the faid United States, and their (hips of war failing under their authority, (hall protect and defend, conformably to the tenor of the preceding article, all the veifels and effects be> longing to the fubjefts of the Moll Chriftian King, and ufe all their en- deavours to recover, and caufe to be reftored, the faid veflels and ef- fedtsthatfliall have been taken within the jurifdit^ion of the faid United States, or any of them. VIII. The Mod Chriftian King will employ his good offices and interpofition with the King or Emperor of Morocco or Fez — the Regencies of Algiers, Tunis, and Tripoli, or with any of them — and alfo with every other prince, ftate, or power, of the coaft of Barbary in Africa— and the fubjeds of the faid king, emperor, ftatvs, and power9, and each of them, in order to provide, as fully and efficaci- oufly as poffible, for the benefit, conveniency, and fafety of the Uni- ted States, and each of them, their fubjeds, people, and inhabitants, and their veflels and effedts, againft all violence, infult, attacks, or de- predations, on the part of the faid princes and dates of Barbary, of their fubjeAs. IX. The fubjedts, inhabitants, mercliants, commanders of iliips, mailers, and mariners of the dates, provinces, and dominions of each refpedlively, ihall abftain and forbear to fifli in all places poflefled, or which (hall be pofleflTed by the other party. The Mod Chridian King's fubjefts (hall not fifh in the havens, bays, creeks, roads, cdads, or places, which the faid United States hold, or fliall hereafter hold: and in like manner, the fubjeAs, people, and inhabitants of the faid United States, fliall not iifl) in the havens, bays, creeks, roads, coads, or places, which the Mod Chridian King pofleflTes, or fliall hereafter poflefs : and if any (hip or veflel fliall be found fifliing, contrary to the tenor of this Treaty, the faid fliip or vefliel with its lading (proof being made thereof) fliall be confifcated : it is, however, underdood that the excluflon dipul<»ted in the prefent article, fliall take place only fo long and fo far, as the Mod Chridian F'ng or the United States fliall not, in this refpedl, have granted an exemption to fome other nation. ' X. The United States, their citizens and inhabitants, fliall never didurb the fubjeifls of the Mod Chridian King, in the enjoyment and exercife of the right of fifliing on the banks of Newfoundland — ^nor in the indefinite and excluflve right which belongs to them on that part of the coad of that ifland, which is defigned by the treaty of Utrecht — nor in the rights relative to all and each of the ifles, which belong to his Mod Chridian Majedy, the whole conformable to the true fenfe of the treaties of Utrecht and Paris. i XI. The fubje(fls and inhabitants of the faid United States, or any of them, (hall not be reputed aubains in France ; and confequently fliall be exempted from the droit awe, or other llmilar duty, ^tinder what name foever. They may, by tedament, donation, or ^9therwife, difpofe of their goods, moveable and immoveable, in fa. K •P 2 m rt pel 2j ii: I i II „ il n I 11 lillllli !! II i '■' \m i) ;i • i I I p iiiii II * St TREATY OF AMITY AND COMMERCE your of fuch perfons as to them Hiall feem good ; and their heirs, fubjeAs of the faid United States, refiding whether in France or elfewhere, may fucceed them, at inteflat^ without being obliged to obtain letters of naturalization, and without having the t9t&. of this conceffion contefted or impeded, under pretext of any rights or pre< TOgatives of provinces, cities, or private perfons. And the faid heirs, whether fuch by particular title, or ab iiitejlatt A^^l be exempt from all duty called droit de detradiotit or other duty of the fame kind ; faring neverthclcfs the local rights or duties, as much and as long as fmiilar ones are not eAabliflied by the United States, or any of them. The'fubjedts of the Moll Chriliian king {hall enjoy on their part, in all the dominions of the faid States, an entire and perfeA reciprocity, re- lative to the ftipulutions contained in the prefent article : but it is at the fame time agreed, that its contents (ball not afTeA the laws made, or that may be made hereafter in France, againft emigrations, which fhall remain in all their force and vigour : and the United States on their part, or any of them, fhall be' at liberty to enadl fuch laws, relative to that matter, as to them (hall feem proper. XII. The merchant-ftiips of eitlier of the parties, which (hall be making into a port belonging to the enemy of the other ally, and concerning whofe voyage, and the fpecies of goods on board her, there fhall be juft giounds,of fufpicion, fhall be obliged to exhibit, as well upon the high feas, as in the ports and havens, not only her pafTports, but likewife certificates, exprefsly fhewing that her goods are not of the number of thofe which have been prohibited as contra- band. XIII. If, by the exhibiting of the above>faid certificates, the other party difcover there are any of thofe forts of goods which are prohibited and declared contraband, and configned for a port under the obedience of his enemies, it fhall not be lawful to break up the hatches of fuc. fliip, or to open any chefh, coffers, packs, cafks, or any other vefTeis found therein, or to remove the fmallell parcels of her goods, whether fuch fhip belongs to the fubjeds of France, or the inhabitants of the faid United States, unlefs the lading be brought on fhore, in the prefence of the officers of the court of admiralty, and an inventory thereof made : but there fhall be no allowance to fell, exchange, or alienate the fame in any manner, until after that due and lawful procefs fhall have been had againfl fuch prohibited goods, and the court of admiralty fhall, by a fentence pronounced, have confifcated the fame ; laving always as well the fhip itfelf, as any other goods found therein, which by this Treaty are to be efteemed free : neither may they be detained on pretence of their being as it were infeded by the prohibited goods ; much lefs fhall they be con- fifcated as lawful prize : but if not the whole cargo, but only part theicof fhall confill of prohibited or contraband goods, and the com- mander of the fhip fhall be ready and willing to deliver them to the eaptor, who haa difcovercd them, in fuch cafe the captor having received tfao^e goods, fhall forthwith difcharge the fhip, and not hinder her by any means freely to profecute the voyrge on which fhe v.as bound ; but in cafe the contraband merchandifes cannot WITH HIS MOST CHRISTIAN MAJESTY. 33 \te all received on board the veflel of the captor, then the captor may, DOtwithftanditig the offer of delivering him the contraband gooiu, carry the veitel into the neareft port, agreeable to what is above directed. XIV. On the contrary, it is agreed, that whatever fliall be fonnd to be laden by the fubjedls and inhabitants of either party on any (hip belonging to the enemies of the other, or to their fubjeds, the whole, although it be not of the fort of prohibited goods, may be confifcated in the fame manner as if it belonged to the enemy, except fvich goods and merchandifes as were put on board fuch fhip before the declara- tion of war, or even after luch declaration if fo be it were done with- out knowledge of fuch declaration : fo that the goods of the fubjeAs and people of either party, whether they be of the nature of fuch as are prohibited or otherwife, which, as is aforefaid, were put on board any (hip belonging to an enemy before the war, or after the de- claration of the fame, without the knowledge of it, (hall no ways be liable to confifcation, but (hall well and truly be reAored without delay to the proprietors demanding the fame ; but fo as that if the faid merchandifes be contraband, it (hiUl riot be any-ways lawful to carry them afterwards to any ports belonging to the enemy. The two contraAing parties agree, that the term of , two months being fzffed after the ('cclaration of war, their refpe(5live fubjedts, from whatever part of the world they come, (hall not plead the ignorance mentioned in this article. XV. And that more efFeftual care may be taken for the fecurity of the fubjefls and inhabitants of both parties, that they fuffer no in- jury by the men of war or privateers of the other party, all the com- manders of the flips of his Moll Chriftian Majefty and of the faid United States, and all their fubjedls and inhabitants, (hall be forbid- den doing any injury or damage to the other (ide ; and if they i& to the contrary, they (hall be puniftied : and (hall moreover be bound to make fatisfaftion for all matter of damage, and the intcreft thereof, by reparation, under the pain and obligation of their perfon and goods. XVI. All (hips and merchandifes, of what nature foever, which (hall be.refcued out of the hands of any pirates or robbers on the high feas, (hall be brought into fome port of either (late, and (hall be deli- vered to the cuftody of the officers of that port, in order to be re- flored entire to the true proprietor, as foon as due and fulficicnt proof (hall be made concerning the property thereof. XVII. It (hall be lawful for the (hips of war of cither party, and privateers, freely to carry, whitherfoever they pleafe, the (liips and goods taken from their enemies, without being obliged to pay any duty to the officers of the admiralty, or any other judges : nor (hall fuch prizes be arrcftcd or feized, when they come to and enter the ports of either party : nor (hall the fearchers or other officers of thofe places fearch the (ame, or make examination concerning the lawful- nefs of the prizes : but they may hoiU fail at any tinif, and depart, and carry their prizes to the places exprcfTed in their commifllons, which the commanders of fuch (liips cf war (hall be obliged to (hew: rj I 1 'It; li I I ■' 34 TREATY OF AMITY AND COMMERCE on the contrary, no Oielter or refuge (hall be given in their ports to fuch as ihall have made prize of the fubyeAsi people, or property of either of the parties } but jif/udh (hall come in, bemg forced by (trefi of weather, or the danger of t/ie fca, all proper means (hall be vigq- roufly ufed, that they go oi^ and retire from thence a^ foon w po(Hble. - ^ XVIII. If any (hip, belonging to either of the parties, their peo- people, or fubjeifls, (hall, within the coafts or dominions of the other, uiok upon the fands, or be wrecked, or fyxScr any other damage- all friendly alHftance and reli^ (hall be given to the pcrfons (hip- wrecked, or fuch as (hall be in danger thereof. And letters of fafe- conduA (hall likewife be given to them, for their iiree and quiet paf- fage firpm thence, and the return of every one to his own counury. XIX. In cafe the fubjedts and inhabitants of either party, with their (hipping, whether public and of war, or private and of merchanti, hfi forced through Urth of weather, purfuit of pirates, or enemies, or any other urgent ncceflity fqr feekipg of (helter and harbour, to retreat and enter into any of the rivers, ^ys, roads, or ports belong- ing to the other party, they (hall be received and treated with a|l humanity and kindnels, and enjoy all friendly prqteAion and help : and they (hall be permitted to refre(h and provide themfelves, at rea- fonable rates, with viftuals, and all things needful for the fuftenance of their perfons, or reparation of their (hips, and conveniency of their voyage : and they (hall no ways be detained or hindered from return- ing out of the faid ports or roads, but may remove and depart, when, and whither they pleafe, without any let or hinderance. XX. For the better promoting of commerce on both (ides, it is agreed, that if a war (hall break out between the faid tv''-. nations, fix months after the proclamation of war, (hall be allowed to the merchants, in the cities and towns where they live, for felling and tran(porting their goods and merdbandifes ; and, if any thing be taken from them, or any injury be done them within that term, by either party, or the people or lubjef ts of either, full fausfadtion (hall be made for the fame. '.: XXI. No fubjedts of the Moft Chriftian King (hall apply for, or take any commi(hon or letters of marque, for arming any (hip or (hips to aift as privateers againft the faid United States, or any of them, or againft the fubjedls, people, or inhabitants of the faid United States, or any of them, or againft the property of any of the inhabitants of any of them, from any prince or (tate with which the faid United Sutes /hall be at war : nor (hall any citizen, fubje^, or inhabitant (^ the faid United States, or any of them, apply for, or take any commilSon or letters of marque, for arming any (hip or (hips, to adl as privateers againft the fubjeAs of the Moft Chriftian King, or any of them, or the property of any of them, fi-om any prince or ftate with which the faid king (hall be at jvar : and if any perfon of either nation (hall take fuch coromiflions or letters of marque, he (ball be puni(hed as a pirate. ^ XXII. It (lull not be lawf\xl for any foreign privateers, not be- longing to fubjeds of the Moft Chriftian King, nor citizens of the faid Unitqd States, who have commii&ons from any other prince Qr WITH HIS MOST CHRISTIAN MAJESTY. 35 Aate in enmity with either nation, to fit their (hipt in the ports of either the one or the other of the aforefaid jparties, to fell what thev have taken, or in any other manner whatioever, to exchange their (hips, merchandifes, or any other lading : neither (hall they be al* lowed even to purchafe viAuals, except luch as (hall be nece(rary for their going to uie next port of that prince or ftate from which they have commi(Kon8. XXIII. It (hall be lawful for all and fingular the fubjefh of the Mod ChrifHan King, and the citizens, people, and inhabitants of the faid United Sutes, to fail with iheir (hips with all manner of liberty and fecurity, no diftinAion being made who arf the proprie- tors of the merchandifes laden thereon, from any port, to the places of thofe who now are or hereafter (hall be at enmity with the Moft Chriftian King or the United Sutes. It (hall likewife be lawful for the fubj6{ts and inhabitants aforefaid, to fail with the (hips and mer- chandifes aforementioned, and to trade with the fame liberty and fecurity from the places, ports and havens of thofe who are enemies of both or either party, without any oppofition or difturbance what- foever, not only diredtly from the places of the enemy aforeiHen- tioned, to neutral places ; but alfo firom one place belonging to an enemy, to another place belonging to an enenty, whether they be under the Jurifdi^ion of the fame princ^ or under feveral. And it is hereby ftipulated, that free (hips fliall alfo give a fi-eedom tog^ods; and that every thing (hall be deemed to be free and exempt, which (hall be found on board the (hips belonging to the fubjedts of either df the confederates, although the whole lading or any part thereof (hould appertain to the enemies of either, contraband goods being always excepted. It is alfo agreed in like manner, that the fame liberty be extended to perfons who are on board a free (hip, with this efk&t that although they be enemies to both or either party, they are not to he taken out of that free (hip, unlefs they arc foldiers and in aAual fervice of the enemy. XXIV. This libertyofnavigation and commerce (hall extend toall kinds of merchandifes, excepting thofe only which are didinguifhed by the name of contraband, and under this name of contraband or prohibit- ed goods (hall be comprehended arms, great guns, bombs, with the flifeeS and other things belonging to them, cannon-ball, gun-powder, match, pikes, fwords, lances, fpears, halberds, mortars, petards, grenades, faltpetre, mujkets, mu(ket ball, bucklers, helmets, breaft-platcs, coats of mail, and the like kinds of arms, proper for arming foldiers, muf^ ket-refts, belts, horfes with their fqmiture, and all other warlike inftru- ments whatever. Thefe merchandifes that follow, (hall not be rec- koned among contraband or prohibited goods; that is to fay, all forts of cloths, and all other manufadtures woven of any wool, flax, filk, totton, or any other materials whatever ; all kinds of wearing^ apparel, together with the fpecies whereof they are ufed to be made ; gold and (aver, as well coined as uncoined, tin, iron, latten, copper, brafs, coals ; as alfo wheat and barley, and any other kind of com, tod pulfe, tobacco, and likewife all manner of fpices, falted and I I s ■ M I III! m M $6 TREATY OF AMITY AND COMMERCE fmoakcd flcfli, faltcd fifh, cliccfu and butter, beer, oils, wines, fugarSf aad all forts of falts, and in gciicr.il all pruvifiuns which ferve for the nourifliment of mankind and the fuflenance of life ; furthermore, all kinds of cotton, hemp, flax, tar, pitch, ropes, cables, fails, fail- cJoths, anchors, and any parts of anchor, alfo fliips, mads, planks, boards, and beams of what trees foever : and all other things proper cither for building or repairing {hips, and all oJier goods whatever which have not been worked into the form of any inflrument or thin^ prepared for war by land or by fca, (hall not be reputed contraband, much Icfs fuch as have been already wrought and made up for any other ufe ; all whioh (hall be wholly reckoned among free goods ; as likewife all other merchandifcs and things which are not compre- hended and particularly mentioned in the foregoing enumeration of contraband goods, fo that they may be tranlportcd and carcied in the freed manner by the fubjei5ls of both confederates, even to places belonging to an enemy — ^fuch towns or places being only excepted, as are at that time beueged blocked up, or inveited. XXV. To the end that all manner of di/rcntions and auarrels may be avoided and prevented, on one ilde and the other, it is agreed, that in cafe either of the parties hereto fliould be engaged in war» the Hiips and veffels belonging to the fubjedis or people of the other ally, mud be farni(hed with fca letters or paffports, expreffing the name, property, and bulk of the (hip, as alio the name and place of habitation of the commander of the faid (hip, that it may appear thereby that the (hip really and truly belongs to the fubjeds of one of the parties, which pafTport (hall be made out and granted accord- ing to the form annexed to this treaty. They (hall likewife be re- cJled every year, that is, if the (hip happens to return home within the fpace of a year ; it is likewife agreed, that fuch (liips, being laden, are to be provided not only with pa(rports as above mentioned, but alfo with certidcates, containing the fcveral particulars of the cargo, the place whence the (hip failed, and whither (he is bound ; that fo it may be known whether any forbidden or contraband goods be on board the fame ; which certi(icatcs (hall be made out by the o(ficers of the place whence the (hip fet fail, in the accuftomed form: and if any one (hall think it fit or advifeable to exprefs in the faid cer-. tificates the perfon to whom the goods on board belong, he may freely do fo. XXVI. The (hips of the fubje6ls and inhabitants of either of the parties coming upon any coads belonging to either of the faid allies^ but not willing to enter into port, or being entered into port, and not willing to unload their cargoes or break bulk, they (hall be treated ^cording to the general rules prefcribcd or to be prefcribed relative to the objedl in quedion. XXVII. If the diips of the faid fubjedts, people, or inhabitants of either of the parties, (hall, be met with, either failing along the coads, or on the high feas, by any (hips of war of the other, or by any privar ▼ateers, the faid fliips of war or privateers fpr the avoiding of any dili order, (hall reraaio out of cannon diot, and may feod their bo^ts oo WITH HIS MOST CHRISTIAN MAJESTY. 37 board the merchant Ihip, u hich they (hall fo meet with ; and may enter her to the number of two or three men only ; to whom the matter or commander of fuch (hip or vefl'el Hiall exhibit his pafTporti concerning the property of the (hip, made out according to the form inferted in this prcfent Treaty : and the (hip, when (he (hall have (hewed fuch padport, (hall be free and at liberty to purfue her Toyage* fo as it (hall not je lawful to moled or fearch her in any manner, or to give her chafe, or force her to (juit her intended courfe. XXVIII. It is alfo agreed, that all goods, when once put on board the (hips or \effe\s of either of the two contra^ing parties, fliall be fubjed to no further vidtation ; but all vifitation or fearch fliall be made beforehand ; and all prohibited goods niall be (lopped on the fpot before the fame be put on board, unlefs there be manifed tokens or proofs of fraudulent pradHce : nor (hall either the perfons or goods of the fubjeds of his Mod ChrilHan Ma/dy, or the United States, be put under any arred, or molcded by any other kind of embargo for that caufc : and only the fubje*^ of that date to whom the faid goods have been or fliall be prohibited, and who (hall prefume to fell or alien- ate fuch fort of goods, (hall be duly punilhed for the offence. XXIX. The two contraAing parties grant mutually the liberty of having each in the ports of the other, confuls, vicc-confiJs, agents and commiflfaries, whofe funiftions (hall be regulated by a particular agreement. XXX. And the more to favour and facilitate the commerce which the fubjeAs of the United States may have with France, the Mod Chridian King will grant them in Europe, one or more free ports, where they may bring and difpofe of all the produce and merchandife of the thirteen United States : and his Majedy will alfo continue to the fubjedh of ibe faid States, the free ports which have been and are open in the French iflands of America ; of all which free ports the faid fubjefts of the United States (hall enjoy the ufc, agreeably to the regulations which relate to them. XXXI. The prcfent treaty (hall be raiiiied on both fides, and the ratifications (hall be exchanged in the fpace of (ix months, or fooncr, if po(rible. In faith whereof the refpedive plenipotentiaries have figned the above articles, both in the French and £ngli(h languages ; declaring, ne- verthelefs, that the prefent treaty was originally compofed and concluded in the French language ; and they have hereto afHxed their fcals. Done at Paris, this fixth day of February, one thoufand fcven hundred and feventy^eight. C. A. GERARD, - B. FRANKUM, '^^ ' ^ SILAS DEANE, •'' * • ARTHUR LEE, I CZ s ) 1 *-^' TREATY of Alliance Eventual andDe- fcnftvey between his Mojl Chrijlian Ma- jejiy and the thirteen United States of America, THE Moft Chriftian King, and the United States of North- America, to wit, New-Hampfhire, Maflachufetts-bay, Rhode Ifland, Connedticut, New- York, New-Jerfey, Fennfylvania, Dela- ware, Maryland, Virginia, North Carolina, South Carolina, and Georgia, having .this day concluded a Treaty of Amity and Com- merce, for the reciprocal advantage of their fubjeds and citizens, have thought it neceffary to take into condderation the means of ftrengthening thofe engagements, and of rendering them ufefiil to the fafety and tranauillity of the two parties ; particularly in cafe Great Britain, in refentment of that connexion, and of the good corref- pondence which is the obje<5t of the faid treaty, (hould break the peace with France, either by dired hoflilities, or by hindering her commerce and navigation in a manner contrary to the rights of na- tions, and the peace fubdfting between the two crowns. And his MajeAy and the faid United States, having rcfolved in that cafe, to join their councils and efforts againfl the enterprifes of their common enemy — The refpeftive Plenipotentiaries, empowered to concert the claufes and conditions proper to fulfil the faid intentions, have, after the mod mature deliberation, concluded and determined on the following ar- ticles. I. If war fhould break out between France and Great Britain, during the continuance of the prcfent war between the United States and England, his Majefty and tliefaid United States Oiall make it a common caufe, and aid each other mutually with their good offices, their counfels, and their forces, according to the exigence of conjunc- tures, as becomes good and faithful allies. n. The effential and direft end of the prefent defenfive alliance is, to maintain effedually the liberty, fovereignty, and independence, abfolute and unlimited, of the faid United States, as well in mat- ters of government, as of commerce. HI. The two contracting parties fliall, each on its own part, and in the manner it may judge moft proper, make all the efforts in its power againft their common enemy, in order to attain the end pro- pofed. IV. The contra(fting parties agree, that in cafe either of them (hould form any particular enterptifej in which the concurrence of TREATY OF ALLIANCE 39 the other may be defiied, the party, whofe concurrence is dcdrcd, fhall readily and with good faith j'oin to asft in concert for that pur- pofe, as far as circumihmces and its own particular fituation will per- mit. And in that cafe, they (hall regulate by a particular conven- tion, the quantity and kind offuccour to be furniflied, and the time and manner of its being brought into adlion, as well as the advanta- ges which are to be its compenfation. V. If the United States fliould think fit to attempt the redu^ion of the Britifh power, remaining in the northern parts of America, or the iflands of Bermudas, thofe countries or iflands, in cafe of fuccefs, ihall be confederated with, or dependent upon the faid United States. VI. The Moft Chriftian King renounces forever, the poffcfllon of the iflands of Bermudas, as well as of any part of the continent of North America, which before the Treaty of Paris, in 1 763, or in virtue of that Treaty, were acknowledged to belong to the crown of Great Britain, or to the United States, heretofore called Britifh colonies, or which are at this time, or have lately been under tlie power of tlie king and crown of Great Britain. VII. If his Moft Chriftian Majefty fliall think proper to attack stny of the iflands fituated in the gulph of Mexico, or near that gulph, which are at prefent under the power of Great Britain, all the laid ifles, in cafe of fuccefs, fliall appertain to the crown of Francfc. VIII. Neither of the two parties fliall conclude eitlier truce or peace with Greut Britain, without tlie formal confent of. the other firft obtained : and they mutually engage not to lay down their atms, until the independence of the United States fliall have been formally or tacitly aflured, by the treaty or treaties that fliall terminate the war. IX. The contrafting parties declare, that being refolved to fulfil each on its Own part, the claufes and conditions of the prcfeht Treaty of Alliance, according to its own power aiid circumftanccs, there fliall be no after-claim of compenfation, on one fide or the other, whatever may be tlie event of the war. X. The Moft Chriftian King and tlie United States, agree to in- vite or admit other powers, who may have received injuries from England, to make a common caufe with them, and to accede to the prefent alliance, under fuch conditions as fliall be freely agreed t0| and fettled between all the parties. XI. The two parties guarantee mutually from the prefent time and for ever, againft all other powers, to wit, the United States to his Mc't Chriftian Majefty, the prefent poflcflions of the crown of France in i .merica, as well as thole which it may acquire by the fu. ture Treat} of Peace : and his Moft Chriftian Majeily guarantees on his part to e United States, their liberty, fovereignty, and in lepen- dence, abfol te and unlimited, as well in matters of government, as commerce— nd alfo their poflciriuns, and the additions or coitquelU that their cr federation niay obtain during the war, from any of the dominions n^ w or heretofore poflcflVd by Great Britain, in Monh •\ >^: H ' ... ^ v:X 40 WITH HIS MOST CHRISTIAN MAJESTY. America, conformable to the fifth and fixth articles above written ; the whole, as their pofle/rtons (hall be fixed and aflTured to the faid fl^atf^ at At moment of the cefTation of their prefent war with '^jMiTid;'/':-'- * '^IJv til. ^ cil of ftate — and on the part of the United States, Benjamin Franklin, deputy to the general Congrefs from the (late of Pennfylvania, and prefident of the Convention of faid (late — Silas Deane, heretofore deputy from the ftate of Connecticut — and Arthur Lee, couhfellor at law, have figned the above articles both in the French and £ngli(h languages ; declaring, neverthelefs, that the prefent Treaty was originally compofcd and concluded in the French language ; and they have hereunto affixed their feals. Done at Paris, this fixth day of February, one thoufand. feven hundred and feventy-eight. I I; C. A. GERARD, (L. S. B. FRANKLIN, (L. S. SILAS DEANE, (L. S. ARTHUR LPE, (L. S. ! P l!) >4 C 4i 3 7X^ Definitive Treaty bePiveen Great Britain and the thirteen United States of America. Mr ■• In the Name of the Moft Holy and Undivided Trinity, IT having pleafed the Divine Providence to difpofe the hearts of the moft ferene and moll potent prince George the Third, by the grace of God, king of Great Britain, France, and Ireland, de- fender of the faith, duke of Brunfwick and Lunenburg, arch trea- furer and prince eledor of the holy Roman empire, &c. and of the United States of America, to forget all paft mifunderftandings and differences, that have unhappily interrupted the good correfpondence and firiendihip which they mutually vtrifh to reftore — and to eftablifh fuch a beneficial and fatisraiflory intercourfe between the two countries, upon the ground of reciprocal advantages and mutual convenience, as may promote and fecure to both perpetual peace and harmony— and having for this defirable end already laid the foundation of peace and reconciliation, by the provifional articles, figned at Paris, on the 30th of November 1782, by the commiilioners empowered on each part, which (irticles were agreed to be inferted in, and to conftitute the treaty of peace propofed to be concluded between the crown of Great Britain, and the faid United States, but which treaty was not to be concluded until terms of peace (hould be agreed upon between G.jBritain andFrance, and hisBritannic majefty (hould be readyto con- clude fuch treaty accordingly — and the treaty between Great Britain and France having fince been concluded, his Britannic majefty and the United States of America, in order to carry into fiill effedl the provifional articles above mentioned, according to the tenor thereof, have conftituted and appointed, that is to fay, his Britannic majefty on his part, David Hartley, £fq. member of the parliament of Great Britain ; and the faid United States on their part, Joho Adams, £fq. late a commifHoner of the United States of America, at the court of Verfailles, late delegate in Congrefs from the ftate of Maflachufetts, and chief juftice of the faid ftate, and minifter pleni- potentiary of the faid United States, to their high mightinefies the States General of the United Netherlands ; Benjamin Franklin, £fq. late delegate in Congrefs, from the ftate of Pennfylvania, prefident of the convention of the faid ftate, and minifter plenipotentiary from the United States of America at the court of Verfailles ; and John Jay, Efq. late prefident of Congrefs, chief juftice of the ftate of New- York, and minifter plenipotentiary from the faid United States at the court of Madrid — to be the plenipotentiaries for concluding' and figning the prefent definitive treaty ; who, after having rccipro*. c. . 4» DEFINITIVE TREATY m i\m m- cally communicated their refpedlive full powers, have agreed upon and confirmed the following articles. Art. I. His Britannic raajefty acknowledges the faid United States, viz. New-Hampfliire, MHiTachufstts-bay, Rhode Ifland and Providence plantations, Connedlicut, New- York, New-Jerfey, Penn- fylvftnia, Delaware, Maryland, Virginia, North Carolina, South- Carolina, and Georgia, to be free, fovereign, and independent ftates ; that he treats with them as fuch, and for himfelf, his heirs and fuc- ceiTors, relinquifhes all claims to the government, propriety, and territorial rights of the fame, and every part thereof. II. And that all difputes, which might arife in future, on the iiibjedt of the boundaries of the faid United States, may be pr«- vented, it i» hereby agreed and declared, that the following are and fhall be their boundaries, viz. from the northwefl angle of Nova-Sco- tia, viz. That angle which is formed by a line drawn due north from the fource of St. Croix river to the highlands, along the faid high- hnds, which divide thofe rivers that empty themfelves into the river $t. Lawrence, from thofe which fall into the Adantic ocean, to the north-welkrnmo(l head of Connedkicut river ; thence down along the middle of that river to the forty-fifth degree of north latitude! from thence by a line due well on faid latitude, until it flrikes the river Iriquois or Cataraquy ; thence along the middle of faid river into Lake Ontario ; through the middle of faid lake until it ftrikes the communication by water between that lake and Lake Erie f thence along the middle of fiud communication into Lake Erie ; through the middle of faid lake until it arrives at the water commu- nication between that lake and Lake Huron ; thence along the mid- dle of faid water communication into the Lake Huron ; thenca through the middle of faid lake to the water communication between that lake and Lake Superior ; thence through Lake Superior north- ward of the ifles Royal and Philipeaux to the Long Lake ; thence through the middle of faid Long Lake and the water communication between it, and the Lake of the Woods, to the faid Lake of the W^oods ; thence through the faid lake to the ia^oft north-weftern point thereof, and from thence on a due wed courfe to the river Miffiffippi ; thence by a line to be drawn along the middle of the iaid river MiffifTippi until it (hall interfedl the northernmofl part of the thirty-firft degree of north latitude. South, by a line to be drawn due eaft from the determination of the line lafi: mentioned in the latitude of thirty-one degrees north of the equator, to the middle of the river Apalachicola, or Catahouche ; thence along the middle thereof to its jundtion with the Flint river ; thence ftrait to the head of St Mary's River j and thence down along the middle of St. Mary's river to the Adantic ocean. Eaf^, by a line to be drawn along the middle of the river St. Croix, from its mouth in the bay of ^undy, to its fource; and from its fource diredlly north to the aforefaid highlands, which divide the rivers tliat fall into the Atlantic ocean, from thofe which fall into the river St. Lawrence, compre- hending all iflands within twenty leagues pf any part of the (hores oit 'i! WITH HIS BRITANNIC MAJESTY. 43 the "United States, and lying between lines to be drawn due eaft from the points where the aforefaid boundaries between Nova-Scotia on the one part, and £afl Florida on the other, fhall refpedtively touch the bay of Fundy, and the Atlantic ocean, excepting fuch iflands as now are, or heretofore have been within the limits of the faid province of Nova-Scotia. III. It is agreed, that the people of the United States fhall con- tinue to enjoy, unmolefted, the right to take fifh of every kind on the Grand Bank, and on all the other banks of Newfoundland, alio in the Gulph of St. Lawrence, and at all other places in the fea, where the inhabitants of both countries \ifed at any time heretofore to fifh. And alfo, that the inhabitants of the United States fhall ha^e liberty to take fifh of every kind on fuch part of the coaft of Newfoundland, as Britifh fifhermen fhall ufe (but not to dry or cure the fame on that ifland) and alfo on the coafts, bays and creeks of all other of his Britannic majefty's dominions in America ; and that the American fifhermen fhaJl have liberty to dry and cure fifh in any of the unfettled bays, harbours and creeks of Nova-Scotia, Magdalen Illands, and Labrador, fo long as the fame fhall remain unfettled ; but fo foon as the fame or either of them fliall be fettled, it ftiall not be lawful for the faid fifhermen to dry or cure fifh at fuch fettlement, without a previous agreement for that purpofe, with the inhabitants} proprietors, or pofTefiors cf the ground. IV. It is agreed, that creditors on either fide, fhall meet with no lawful impediment to the recovery of the full value, in flerling money, of all bona fide debts heretofore contracted. V. It is agreed, that the Congrefs fhall eameftly recommend it to the legiflatures of the refpeflive nates, to provide for the reflitution of all eflates, rights, and properties, which have been confifcated, belonging to real Britifti flibjedls : and alfo of the efbtes, rights, and properties of perfons refident in diflridts in the pofTefiion of his majefly's arms, and who have not borne arms againft the faid United States ; and that perfons of any other defcription, fhall have free liberty to go to any part or parts of any of the thirteen United States, and therein to remain twelve months unmokfted in their endeavours to obtain the reflitution of fuch of their eliates, rights, and properties, as may have been confifcated ; and that Congrefs fliall alfo eamefHy recommend to the fevcral fhites, a rc~confideration and revifion of all afts or laws regarding the premifes, fo as to render the faid laws or afls perfedly confiftent, not only with juflice and equity, but with that fpirit of conciliation, which, on the return of the bleffings of peace, fhould univerfally prevail : and that Congrefs ihall alfo car- neftly recommend to the feveral flates, that the eflates, rights, and properties of fuch lalt mentioned perfons fhall be reftored to them, they refunding to any perfons who may be now in poifeffion, the bona fide price (where any has been given) which fuch perfons may have paid, on purchaflng any of the faid lands, rights, or properties iince the confiication. And it is agreed, ihat all perfons, who have any, interefl in confifcated lands, either bv debts marriage f«ltlements, ■\ 'M -r- ^1 I Iti, « DEFINITIVE TREATY ,:!3: :l^! or otherwife, (hall meet with no lawful impediment in the profecu- tion of their juft rights. VI. That there (hall be no future confifcations made, nor any pro- fecuuons commenced againft any perfon or perfons for, or by reafon of the part which he or they may have taken in the prefent war : and tliat no perfon (hall, on that account, fufFer any future lofs or damage, cither in his perfon, liberty, or property : and that thofe, who may be in con(inement on fuch charges, at the time of the ratification of the treaty in Americ, (hall be immediately fet at liberty, and the profecution, fo commenced, be difcontinued. VII. There (hall be a firm and perpetual peace between his Bri- tannic majefty and the faid dates, and between the fubjedts of thd one, and the citizens of the other : wherefore, all hoftilities, both by fea and land, (hall from henceforeh ceafe : all prifoners, on both fides, (hall be fet at liberty : and his Britannic majefty (liall, with all convenient (peed, and without caufing any dedrudtion, or carrying away any negroes, or rther property of the American inhabitants, withdraw all his armies, garrifons, and fleets from the faid United States, and from every pofl, place, and harbour within the fame, leaving in all fortifications the American artillery that may be there- in ; and (hall alfo order and caufe all archives, records, deeds, and papers belonging tonany of the faid (htes, or their citizens, which in the courfe of the war, may have fallen into the hands of his o(ficer^, to be forthwith reftored, and delivered to the proper ftates and per- fons to whom they belong. VIII. The navigation of the river Mi(fifi.ppi, from its fource to the ocean, (liall forever remain frecand open to the fubjedls of Great Britain, a.id the citizens of the United States. IX. In cafe it (hould fo happen, that any place or territory be- longing to Great Britdn, or to die United States, (hould have been conquered by the arms of either from the other, before the arrival of the faid provifional articles in America, it is agreed, that the fame (hall be reftored without di(Hculty, and without requiring any com- penfation. X. The folemn ratifications of the prefent treaty, expedited in good and due form, (hall be exchanged between the contr^dHng par- ties in the fpace of (Ix months, or fooner, if po(nble, to be computed from the day of the fignature of the prefent treaty. In witnefs •whereof, we the underfigned, their minifters plenipotentiary, have^ in their name, and in virtue of our full powers, iigned with our hands, the prefent definitive treaty, and cauled the feals our arms to be afHxed thereto. Done at Paris, this third day of September, one thoufandy feven hundred and eighty-three. III, .1,'^ DAVID HARTLEY, (L. S.] JOHN ADAMS, (L. S. B. FRANKLIN, (L. S. JOHN JAY, (L. S.! nrr/— r: CONSTITUTION OF TH? States. W£, the Pcofl« of the United States, uK order to form a more pcrfed ujtioQf cttabliih juftice, infure domeftic tranquillity, provide for the common ckfence, promote the general wdfare» and kcure the bkffings of liberty to oarfelves and our pofterity, do ordain 9od eftabUih this Cpnftituti^Q Jfor the United States of America. ARTICLE I. SECnoii I. ALL Ir^iitiTe po'^yers herein granted, (hall be vefted in a Can- fjrds of the United States, which ihall coniifl of a Senate and Houie of Reprefentatives. SECT. H. 1. TheHotifeof Reprefentaiives Ihall confift of members chpfea every fecond year, by the people of the feverai ftates; and the electors in each ftate, (halt have the qualifications requiHte £br e|edtprs of the moft numerous branch of the ftate legiflature. a. No perfon fhail be a reprefentative, who fhaH not have attained to ri»e age of twenty-five years, and been feven years a citizen of the United States ; and who fhall not, when ele(5led, be an inhabkant of that ftate in which he fhall be chofeii. 3,. Reprefentatives, and dite(^ taxes (kdl be apportioned amoo^ the feverai fktes, ^i^ch may be included in this ui^ion, accord! ug to their refpeftive numbers, which fhall be determined by ad^iuj^ to the whole number of free perfons, including thofe bound to fefve fpr G § I? " 1 • ,- J rr-f ^ 46 COKSTlTUTtON OF THE UNITED STATES. a term of years, and excluding Indians not taxed, three-fifths of all other perfons. The adtual enumeration (hall be made within three years after the firft meeting of the Congrcfs of the United States ; and within ei'ery fuhfequent term of ten years, in fuch manner as they fhall by jaw diredl. The number of reprefentatives ihall not exceed one for every thirty tlioufand ; but each ftate (hall have at leaft one repre- fentative : and, until fuch enumeration (hall be made, the ftate of New-Hamp(hire, (hall be entitled to choofe three ; Maffachufetts eight; Rhode-ffland and Providence Plantations one; Connefticut fi'^c ; New- York fix ; New-Jerfey four ; Pennfylvania eight ; Dela- V re one; Maryland fix ; Virginia ten ; North-Carolina five ; South- Carolina five ; and Georgia three. 4. When vacancies happen in the reprefentation from any ftate, ' the executive autliority thereof (hall iiTue writs of eledion to fill fuch vacancies. 5. The Houfe of Reprefentatives (hall choofe their Speaker and other ofiicers ; and (hall have the fole power of impeachment. ^ m SECT. lit. 1. The Senate of the United States (hall be compofed of two Se* nators from each ftate, chofen by the Legiflature thereof, for fix years : and each Senator (hall have one vote. 2. Immediately after they (hall be alTembled, in confequence of the firft election, they (hall be divided, as equally as may be, into three cla(res. The feits of the Senators of the firft clafs (hall be va- cated at the expiration of the fecond year ; of the fecond clafs, at the expiration of the fourth year ; and of the third clafs, at the ex- piration of the fixth year : fo that one-third may be chofen every fe- cond year. And if vacancies happen, by refignation or otherwife, during the recefs of the legiflature of any ftate, the executive thereof may make temporary appointments until the next meeting of the legiflature, which ftiall then fill fuch vacancies. 3. No perfon (hall be a fenator, who (hall not have attained to the age of thirty years, and been nine years a citizen of the United States ; and who (hall not, when elected, be an inhabitant of that ftate for which he (hall be chofen. 4. The Vice-prefident of the United States ftiall be Prefident of the Senate ; but (hall have no vote, unlefs they be equally divided. > r. The fenace (hall choofe their other officers, and alfo a prefi- dent pro tempore, in the abfence of the pice-prefident, or when he fliall exercife the o(fice of Prefident of the United States. i 6. The fenate ftiall have the fole power to try all impeachments. When fitting for that purpofe, they fliall be 6n oath or a(firmation. When the Prefident of the United States is tried, the Chief Juftice (hall prefide : and no perfon (hall be coQvidled, without the concur- rence of two-thirds of the members prcfent. mi^ CONSTITUTION OF THE UNITED STATES. 47 "■ 7. Judgment, in cafes of impeachment, fliall not extend further than to removal from ofHce, and difqnahiicatiun to hold and enjoy any office of honour, truft, or profit, under the United States. But the party convidled fhall, nevcrthelefs, ^' .Able and fubjeft to ir- di(fim(Qt, trial, judgment, and punifliment according to law. SECt, IV. 1. The times, places, and manner of holding eleflions for fena- tors and reprefentatives, ftiall be prefcribed in each (late by the le- giflature thereof; but the Congreis may, at any time, by law, make or alter fuch regulations, except as to the places of choofing fe- nators. 2. The Congrcfs (hall a(remble at lead ouce in every year : and fuch meeting (hall be on the (irft Monday in December, unlefj they ihall by law appoint a different day. 'i- *' SECT. v. I. Each houfe (hall be the judge of the cletflions, returns, and qualifications of its own members : and a majority of each (hall confti- tute a quorum to do buiinefs : but a fmallcr number may adjourn from day to day, and may be authorifed to compel the attendance of ab- fcnt members, in fuch manner, and under fuch j)enalties as each houfe may provide. i. 2. Each houfe may determine the niles of its proceedings ; punifli its members for diforderly behaviour ; and, with the concurrence of two-thirds, expel a member. 1. 3. Each houfe (hall keep a journal of its proceedings ; and, from time to time, publi(h the fame, excepting fuch parts as may, in their judgment, require fecrecy : and the yeas and nays, of the members of either houfe, on any queftion, ,(hall, at the defire of one-fifth of thofe prefent, be entered on the journal. 4. Neither houfe, during the feflion of Ccngrefs, lliall, without the confent of the other, adjourn for more than throe days, nor to any other place than that in which the two houfes (hall be (Itting. ;» .; ;■ if'- SECT. VI, 1. The fenators and reprefentatives (hall receive a compenfation for their fervices, to be afcertained by law, and paid out of the Trea- fury of the United States. They (hall, in all cafes, except treafon, felony, and breach of the peace, be privileged from arrei^, during their attendance at the feflion of their refpedtive houfes, and in going to, and returning from the fame : and for any fpeech or debate in cither houfe, they (hall not be qucftioned in any other place. 2. No fenator or reprefentative (hall, during the time for which he was eleAed, be appointed to any civil ofHce, under the authority of the United States, which (hall have been created, or the emolu- ments of w^cl> fh^l have ^een increafed, during fuch tim? ( »nd na J 1 'ill ! I' ' i << I'll iii'^: m j -i- ■ * " 'Hi Nil 48 eONSTITUTIOK OF THE UNITED STATES. perfon holding any ofRce under the United States, (hall be a member of cither houfe, during his continuance in office. SECT. TII. 1. All bills, fbr ntiiing rerenue, fhall originata in the houfe of reprefentatives : but the Senate (hall propofe or concur with amend< ments, as on other bills. 2. Every bill, which (hall have pa(red the houfe of reprefentatives ^nd the fenate, (hall, before it become a law, be prefented to the Prefident of the United States. If he approve, he (hall fign it : but if not, he (hall return it, with his objedlions, to that houfe, in which it (hall have originated, who (hall enter their objedlions at large on their journal, and proceed to re-con(ider it. If, after fuch re-confi- deration, two-thirds of that houfe (hall agree to pafs the bill) it (hall be fent, together with the obje^ions, to the other houfe. by which it (hall Ukcwife be re-con(idered : and if approved by two-thiidst of that houfe, it (hall become a law. But, in all fuch cafes, the votes of both houfes (hall be determined by yeas and nays : and the names of the perfons voting for and againft the bill, (hall be entered on the journal of each houfe refpeAively. If any bill (hall not be returned by the prefident, within ten days (Sundays excepted) after it (hall have been prefented to him, the fame (hall be a law, in like manner as if he had ugned it, unlefs the Congrers, by their adjournment, pre- vent its return ; in which cafe it (hall not be a law. 3. Every order, refolution, or vote, to which the concufreilce of the fcnatc and houfe of reprefentatives may be necefTary (excepL on a queflion of adjournment) fhall Ls prefented to tlie prefident of the United States ; and, before the fame (hall take efFeft, be approved by him ; or, being difapproved by him, (hall be repafTed by two-thirds of both houfes, according to the rules and limitations prefcribed in the cafe of a bill. SECT. VIII. The Congrefs (hall have power % 1. To lay andcolleft taxes, duties, iinpofls, and excifes, to pay the debts, and provide for the common defence, and general welfare, of the United States : but all duties, impofls, and excifes, (hall be uniform throughout the United States. 2. To borrow money on the credit of the United States. 3. To regulate commerce with fbrcign nations, and among the feveral (tates, and with the Indian tribes. 4. To eflablifh an uniform rule of natoraliration, and vmiform laws on the fubjeft of bankruptcies, throughout the United States. 5. To coin money ; regulate the value thereof, and of foreign coin ; and fix the ftandard of weights and meafures. 6. To provide for the puni(hment of counttfrfeiting the fecfurities and current coin of the United States. 7. To ellablifh poft'officcs and pofl-roads. * ! i||ii|||| CONSTITUTION OF THE UNITED STATES. 49 8. To promote the progrefs of iciencc and ufcful arts, by fecurinc, for limited times, to authors and inrentorst the exckfive right to then refpe^ive writings and dtfcoveries. 9. To conftitute tribunals inferior to the fupreme court* 10. To define and puaiHi piracies and felonies committed on the high Teas, and offences againft the law of nations* 1 1. To declare war ; grant letters of marque and reprifiil { and make rules ccncerning captures on land and water. 1 2. To raife and uipport armies. But no appropriation of money for that ufr;, (hall be for a longer term than two years. 1 3. To provide and maintain a navy. 14. To malre rules for the government and regulation of the land snd naval force&. 1 15. To provide for calKng forth the militia, to execute the lawi of fhe union, furjprefs infurreiflions, and repel invafions. 16. To provide for organizing, arming, and difciplining the mi- litia, and for governing fuch part of them as may be employed in the fervicc of the United States : referving to the ft*tes relpedlively, the appointment of the officers, and the authority of trailing the militia according to the difcrpline prefcribed by Congrefs. 17. lo exercife excluiive legiflation, in all cafes whatfoever over fuchdiftrift (not exceeding ten miles fotiare) as may, by ceflton of particular ftaies, and the acceptance of Congrefs, become the feat of the government of the United States ; and to exercife like authority over all places putcL-ied by the confent of the Icgiflature of the ftate in which the fame (haH be, for the erertion of forts, magaiines, ar- fenals, dock-yards, and other needful buildings : and 18. To make all laws, which fhall be neceffary and proper for carrying into execution the foregoing powers, and all other powers vefted by this conftitution in the government of the United States, pr in any department or officer tliereof. « ^.5 7^ .-I lecfunties SBCT. It, .'. -'^"' 'f/f ':::'■-'' 1. The migration or importation of fuch perfons, as any of thie iktes now exifting, fhall think proper to admit, fhall not be prohibit- ed by the Congrefs, prior to the year one thoufand eight hundred and eight : bat a tax or duty may be impoTed on fxich importation, not exceeding ten dollars for each pcrfon. 2. The privilege of the writ of habeas corpus fhall not be fufpend- ed, unhfs when, in cafes of rebellion or inva£on, the public ikfety may require it. 3. No bill of attainder, or ex poft fa^o law, fhall be pkfled. ^' 4. No capitation or othet direft tax fhalJ be laid, unlefs in propor- tion to the cenfiis or enumeration herein beforedirefled to be talcen. 5. No tax or duty (hall be laid on ardcles exported from any flate. No preference fhall be given, by any regulation of commerce or re- ventte, to the ports of one ftate over thofe of another : nor fhaU vefTels, bound to or from one ftate, be obliged to efttcr, clear, or pay duties in apotber. 1 !i||l . I r^li J If* !i 111 I t- f ■t|,i iDlMr;' ''ill' ii|!|l|iii|i ^:;ili I lllll MP lll'l'li- 50 CONSTITUTION OF THE UNITED STATES. • 6. No money (hall be drawn from the treafury, but in confequence of appropriations made by law : and a regular (latement and account of the receipts and expenditures of all public money (hall be publi(hed from time to time. 7. No title of nobility (liall be granted by the United States. And no perfon, holding any o(fice of profit or truft under them, (hall, without the confent of Congrcfs, accept of any prefent, emolument, office, or title, of any kind whatever, from any king, prince, or foreign ftate. SECT. X. 1. No (late (hall enter Into any treaty, alliance, or confederation } grant letters of marque and reprifal ; coin money ; emit bills of cre- dit ; make any thing but gold and filver coin a tender in payment of debts ; pafs any bill of attainder, ex poft faAo law, or law impairing the obligation of contracfts, or grant any title of nobility. 2. No (late (hall, without the confent of Congrefs, lay any impofts or duties on imports or exports, except what may be ubfolutely nc- celTary for executing its infpc<5lion laws ; and the net produce of all duties and impods, laid by any (late on imports or exports, (hall be for the ufe of the treafury of the United 'itates ; and all fuch laws (hall be fubjedt to the revifion and controul of the Congrefs. No ftate (hall, without the confent of Congrefs, lay any duty on tonnage, keep troops, or (hips of war, in time of peace, enter into any agree- ment or corapad with another ftate, or with a foreign power, or en- gage in war, unlefs atflualiy invaded, or in fuch imminent danger as w'ul oot admit of delay. ARTICLE II, ■■y "•/ '-■: -:-^. SECT, I. - -; ;,- ; •■;'*• • ;' ; ■ ." ■'" 1. The executive power (hall be vefted in a Prefident of the United States of America. He (hall hold his o(Hcc during the term of four years, and, together with the vice-pre(ident, chofen for the fathe term, be eledled as follows : 2. Each ftate (hall appoint, in fuch manner as the legiflature tliere- of may direft, a number of eledors, equal to the whole number of (enators and reprefentntives, to which the ftate may be entitled in the Congrefs. But no fenator, or reprefentative, or perfon holding any office of truft or profit, under the United States, (hall be appointed an eleAor. 3. The eleflors ftiall meet in their refpcftive ftates, and vote by ballot for two perfons, of whom one, at leaft, (hall not be an inha- bitant of the fame ftate with themfelves. And they (hall make a lift of all the perfons voted for, and of the number of votes for each ; which lift they (hall fign and certify, ami tranfmit fealed to the feat of the government of the United States,' cfiredted to the prefident of the fenate. Th<> prefident of the fehate (hall, in the prefence of tl^e>, %^ CONSTITUTION OF THE UNITED STATES, sr ing any >pointed vote by iti inha- Ike a lift - each ; : feat of It of the fenatc and houfe of reprcfentatives, open all the certificates, and the votes fhall then be counted. The ncrfon having the greated number of votes (hall be the prefident, if iuch number be a majority of th« whole number of ele*flors appointed ; and if there be more than one who have fuch majority, an 1 have an equal number of votes, then the houfe of reprelentattves (hall immediately choofe by ballot one of them for prefident : and if no ncrfon have a majority, then, from the five htghed on the lift, the faid houfe lliall in like manner choofe the prefident. But in choofmg the prefident, the votes (hall be taken by (lates, the reprefentation from each ftate having one vote : a quo* rum for this pnrpofe (hall confift of a member or members from two< thirds of the uates : and a majority of all the ftates (hall be necc(rary to a choice. In every cafe, after the choice of the prefident, the per< fon having the greatcft number of votes of the eleiflors, (hall be the vice-prefident. But if there (hould remain two or more, who have equal votes, the fenate (hall choofe from them, by ballot, the vice- prefident. 4. The Congrefs may determine the time of chooflng the ele(5lnrs, and the day on which they (hall give tlieir votes ; which day fhall be the fame throughout the United States. 5. No perfon, except a natural born citizen, or a citizen of the Unittd States, at the time of the adoption of this conflitution, (hall be eligible to the ofHce of prefident. Neither fl'all any perfon be eli- gible to that ofHce, who (hall not have attained to the age of thirty^ five years, and been fourteen years a refident within the Unittd States., 6. In cafe of the removal of the prefident from ofHce, or of his death, reflgnation, or inability to difcharge the powers and duties of the faid ofBce, the fame (hall devolve on the vice-prefldent ; and the Congrefs may, by law, provide for the cafe of removal, death, refig- nation, or inability, both of the prefident and vice-prefident, declaring what officer fhall theiv aA as prefident : and fuch officer fhall aft ac- cordingly) until the difability be removed, or a prefident fhall be •le^ed. 7. The prefident fhall, at ilated times, receive for his fervices, a compenfation, which fhall neither be increafed nor diminifhed, dur> ing the period for which he fhall have been elected : and he fhall not receive, within that period, any other emolument from the United States, or any of them. 8. Before he enter on the execution of his office, he fhall take the following oath or affirmation : " I do folemnly fwear (or affirm) ♦hat I will faithfully execute " the office of Prefident of the United States ; and will, to the beft " of my ability, preferve, protef)^, and defend the conftitution of the " United States.'* Vy.-' -:.;,,, SECT. U, ,' ''' ' -■-':,-■' I. The prefident fhall be commander in chief of the army and navy of the United States, and of the militia of the feveral ftates, when called into the actual fervice of the United Sates. He jnay m i 5a CONSTITUTION OF THE UNITED STATES. require the opinion, in writing, of the principal officers in each of the execudve departments, upon any fubjeA relating to the duties of their refpeAive offices : and he (hall have power to grant reprieves and purdons, for offences againft the United States, except in cafes p£ impeachment. •: a. He (hall have power, by and with the advice and confent of the fenate, to make treaties, provided two-thirds of the fenators pre- fent concur : and he fhali no: ninate, and by and with ^e advice and confent of the fenate, (hall appoint amba(radors, other public minil^ ters and qonfuls, judges of the fupreme court, and all other officers of the United States, whofe appointments are not herein otherwife pro- tided for, and which (hall be eftabli(hed by law. But the Congrefs may, by law, veft the appointment of fuch inferior o(ficers, as they think proper, in the preddent alone, in the courts of law, or in the heads of departments. 3. The pre(ident (hall have power to (ill up aH vacancies that may happen, during the recefs of the fenate, by granting commilEonsy which fhall expire at the end of their next feflton. ' . SECT. III. He (hall, from tinie to time, give to the Congreft information of the ft^te of the Union ; and recommend to their confideration fuch meafure; as he fhall judge neceffary and expedient. He may, on extraordinary occafions, convene both houles, or either of them, and, in cafe of difagreement between diem, with refpedt to die time of a^oumment, he may adjourn them to fuch time as he fhall think proper. He (hall receive ambaffadors and other public niinifters. He fhall uke care that the laws be faithfully executed ; and fhall commiffion all the officers of the United States. SECT. IV. The prefldent, wce-prefident, and all civil officers of the United States, fliall be removed from office, on impeachment for, and con- viction of, treafon, bribery, or other high crimes and raifderaeanors. ?^1f ARTICLE III. i: MCT. I. The judicial power of the United States fhall be vefled is one fupreme court, and in fuch inferior courts, as the Congrefs may, from time to time, ordain and eflablifli. The judges, both of the fupreme aihd inferior courts, fhall hold dieir offices during good behaviour ; and fhall, at ftated drees, necme for their fervices, a compenfadon, which fhall oot be dininUhed during their continuance in u^re. CONSTITUTION OF THE UNITED STATES. 53 titrl""^ "w SECT. II. of 1. The judicial power (hall extend to all cafes, in law and equity* arifing under this coniHtution, the laws of the United Sutes, and treaties made, or which (hall be made, under their authority; to all cafes affecting ambafTadors, other public mini(tcrs, and confuls ; to all cafes of admiralty and maritime jurifdidtion ; to controverfics to which the United States (hall be a party ; to controverdes betweeu two or more (tates, between a (late and citizens of another (late, between citizens of different dates, between citizens of the fame (late, claiming lands under grants of different .latcs, and between a (late, or the citizens thereof, and foreign ftates, citizens, or fubjeiJls. 2. In all cafes, affedling ambaifadors, other public mlniflers, and conluls, and thofe in which a (late (hall be a party, the fupreme court (hall have original jurifdi(5lion. In all the other cafes before men- tioned, the fupreme court (hall have appellate jurifdi>5lion, both as to law and fatft, with fuch exceptions, and under fuch regulations, as the Congrefs (hall make. 3. The trial of all crimes, except in cafes of impeachment, (hall be by jury ; and fuch trial (hall be held in the ftate where the faid crimes (hall have been committed ; but when not committed within any (late, the trial (hall be at fuch place or places, as the Congrefs may by law have direited. " " . . ^-i". ;= ;. SECT. III. 1. Treafon again.l the United States, fliall confid only in levying war-againft them, or in adhering to their enemies, giving ihem aid and comfort. No perfon (hall be convidod of treafon unlefs on the' teftimony of two witneffes to the fame overt a(5l, or on confeilion in open court. 2. The Congrefs (hall hare power to declare the punifhment of treafon : but no attainder of treafon (hall work corru]uion of blood, or forfeiture, except during the life of tlie perfon attainted. , J ■J ARTICLE IV. 1 > SECT. I. Full faith and credit (hall be given, in each (late, to the publid a£ls, records, and judicial proceedings of every other (late. And the Congrefs may, by penal laws, prefcribe the manner in which fuch adls, records, and proceedings (hall be proved, and the effect ' thereof. SECT. It, I. The citizens of each ftate (hall be entitled to all the privilcg^aj and Ihimunities of citizens in the fcreral dates. 'T-' 54 CONSTITUTION OF THE UNITED STATES. 2. A perfon charged in any {late with treafon, felony, or other crime, who (hall flee from julHce, and be found in another ftate, fhall, on demand of the executive authority of the ftate from which he£ed, be delivered up, to be removed to the ftate having jurifdic*. tion of the crime. 3. No perfon, held to fervice or labour in one ftate, under the laws thereof, efcaping into another, (hall, in confcquence of any law or regulation therein, be difcharged from fuch fervice or labour ; but (hall be delivered up on claim of the party to whom fuch fervice ^ or labour may be due. T V.,, SECT. III. 1. New ftates may be admitted by the Congrefs into this union ; but no new ftate (hall be formed or eredted within the jurifdiAion of any other ftate — nor any (tate be formed by the jundtion of two or more ftates, or parts of ftates — ^without the confent of the legida- tures of the ftates concerned, as well as of the Congrefs. 2. The Congrefs (hall have power to difpofe of, and make all needful rules and regulations, refpefting the territory or other pro- perty belonging to the United States : and nothing in this conftitu- tion (hall be fo conftrued, as to prejudice any claims of the United States, or of any particular ftate. SECT. IV. The United States fliall guarantee to every ftate in this union, a republican form of government ; and (hall protedl each of them againft invadon, and on application of the legiflature, or of the executive (when the legiflature cannot be convened) againft domeftic vio^ lence. * ARTICLE V. • ' The Congrefs, whenever two-thirds of both houfes (hall deem it necefTary, (hall propofe amendments to this conftitution, or, on the application of the legiflatures of two-thirds of the feveral ftates, (hall call a convention for propofing amendments, which, in either cafe, (hall be valid to all intents and purpofes, as part of this conftitution, when ratified by the legiflatures of three-fourths of the ftates, or by conventions in three-fourths thereof, as die one or the other mode of ratification may be propofed by the Congrefs ; provided, that no amendment, which may be made prior to the year one thoufand eight hundred and eight, fliall in any manner affe(5l the firft and fourth claufes in the , ninth feiftion of the (irft article ; and that no ftate, without its confent, (hall be deprived of its ei^ual fuilrage in the feoate. CONSTITUTION OF THE UNITED STATES. Jj i J in ' : ' ARTICLE VI. 1. All debts contracted, and engagements entered into, before the adoption of this conftitution, fhall be as valid againil the United States, under this conflitution as under the confederation. 2. This conftitution, and the laws of the United States which fhall be made in purfuance thereof, and all treaties made, or which fhall be made, under the authority of the United States, fhall be the fupreme law of the land : and the judges, in every ibte, (hall be bound thereby, any thing in the conilitution or laws of any flate to the contrary notwithflanding. 3. The lenators and reprefentatives before mentioned, and the members of the feveral flate legiflatures, and all executive and judicial ofHcers both of the United States and of the feveral ftates, fhall be bound by oath or affirmation, to fupport this confHtution ; but no religious teil fliall ever be required as a qualification to any office or public truft under the United States. . jj^,-i^u . -,■ . ■ . -' ■■- . -a. ARTICLE VIL •-'-AM5 '- The ratificitio of tlie conventions of nine ftates fhall be fufficiertt for the eftabii";. w; of this confUtutioB between the ftates fo rati- fying the fame. :i^i 0:-^if.i- i^xyi - «jfefi+ift^H':^"i^i^. .. Done in convention by the unanimous confent of the ftates prefent, .^ the feventeenth day of September, in the year of our Lord one ^j-, thoufand feven hundred and eighty feven, and of the independence . of ^he United States of America the twelftli. In witnefs where- sV. of, &c. '>— --.,;<■/•?*,«?! .'a«^ :cit , »(« «-.AI.i .w GEO. WASHINGTON, prefident. Netv-Hampjh'tre — ^John Langdon, Nicholas Gilman. Majfachufctts — Nathaniel Gorham, Rufus King. ConneSicut — Wm. Samuel Johnfon, Roger Sherman. New-Tork — Alexander Hamilton. New-Jerfey — ^Wm. Livingfton, David Brearly, William Pat- terfon, Jonathan Dayton. Pennjylvanla — Benjamin Franklin, Thomas Mifflin, Robert Morris, George Clymer, Tliomas Fitz- fimons, Jared Ingerfoll, James Wilfon, Gouverneur Morris. Delaware — George Reed, Gunning Bedford, jun. John Dick- infon, Richard BafTet, Jacob Broom. Maryland — ^James M'Henry, Daniel of St. Thomas Jenifer, Daniel Carrol. Vir- ginia — John Blair, James Madifon, jun. North-Carolina—' William Blount, Richard Dobbs Spaight, Hugh Williamfon. South-Carolina — ^John Rutledge, Charles Cotefworth Pinckney, Charles Pinckney, Pierce Butler. Georgia — ^William Few, Abraham Baldwin. Jttejl, William Jackson, fec'y s-t. ■i-'l ,. \ V t S6 AMENDMENTS TO THE CONSTITUTION M- '-',;■ .,■ E- . ili m 1 i otx ■» CONGRESS or tbe UNITED STATES, .:r.j Begun and held at the city of New- York, on Wednefday, the fourth o/ March, one thoufand feven hundrend and eighty-nine. The convention of a number of the dates, having, at the time of their adopting the conftitution, exprcffed a delire, in order to prevent mifc6nf)'rul\^ or THE UNITED STATES. 5T VI. The right of the people to be fecure in their perfons, houfes, papers, and e^e^s, againil unreafonable fearches and feizures, fhail not be violated : and no warrants (hall ifTue^ but upon probable caufe, fupportcd by oath or affirmation — and parliculaily defcribing the place to be fearched, and the perfons or things to be fcized. VII. No perfon ihall be held to anlwer for a capital or otherwife infamous crime* unlcfs on a prefentmcni or indi{' JtteJI. FREDERICK A. MUHLENBERG, Speaker of the Houfe of Reprefentatives. JOHN ADAMS, Vice-prefident of the United States and PreCdent of the Senate, John Beckley, Clerk of the Houfe of Reprefentatives. • , ; Samuel A. Otis, Secretary of the Senate. i ;','" N. B. By the returns made into the fecretary of ftatc's ofHce, it appears that the firll article of the above amendments is agreed to by only fcven (tales — the fecond by only four — and therefore thefe are not obligatory. All the remainder, having been rati(ied by nine (Ij^tes are of etjuai obligation v/ith the conlHtuticn itfelf. ^1 y V If A'. I . iU -5- =■ i «t.-^ f" tit- ¥t St* «,»4^* < !*•?*- tAr Kinclicatton of the Treaty of Amity ^ Com^ merccy and Navl^atioriy with Qreat- JSritaiiu r '' • NUMBER I. pilfllu iSi . " • . A-"4*viif THE Treaty between Great Britain and America, ha« b6«6 ft" matter of Great public expeftation, and it has been rendered mere interefHng by the time and manner in which the negociation originated. Before the revoktion in America, the people of the then colonies were under the government of Great Britain ; they confidered them^ felves as children of the fame family ; their trade was almoft limited to die Britiih dominions ; the Americans had eftates in Great Bri* tain, and monies in her funds : an extenfive commerce had created innumerable debts and connexions between the two countries, which could not be at once difcharged and diffolved. A long, expenfiTC, and bloody war, to refift the unjuft claims of the Britiih parliament, attended with many infbnces of atrocious cru- elty and perfidy on the part of the Britifh governors and comniand- ers, alienated the iiffe(Jtions of the great body of Americans from the mother country. On the reftoration of peace, however, and the Hcquifltion of independence, the enmity of the Americans gradually fubUded ; and the ufefulnefs of the commerce of England to thefe ftatesjbeing everywhere experienced, foon revived the habits of friend- ly intercourfe between America and Great Britain, which had been interrupted by the war — an intercourfe which was not much affefted by the controverfies between the two governments on account of the inexecution of the treaty of peace. Almoft as foon as the accept- ance and organization of a conftitution for the United States had given them a national capacity, it was the wilh and defire of Ame- rica to form a commercial treaty with Great Britain ; and Mr. Jef- ferfon, in a letter to Mr. Hammond, dated Nov. 29, 1791, requeil- ed to know whether he was authorifed to enter into a negociation for that purpofe. " ^- ^- -^ ^^ ' ' The circumftances which operated to defeat the attempts of diir executive, and the controverfies between the governments of the two countries, relative to the non-fulfilment of the treaty on one fide and the other, are in every man's recolledtion ; it is needlefs to mention them here. It is fufRcient for my purpofe, that the Prefident was authorifed by the public wiflies, to negociate a commercial treaty with Great Britain ; and he is veiled with full powers for this purpofe by the conlUtution, -u >• of accept- s had Ame- .Jef- quell- lon for VINDICATION OF Mr. JAY's TREATY. 59 The uniform defire of Congrefs on this fubjeft, is a complete an- fwer to all cavils about the exertion of the Pred dent's conflitutional powers. It was the nation, the United States, that requeued and urged for a negociation. This alfo is an anfwer to the men who fay, the people of America Cippofed the appointment of Mr. Jay as envoy extraordinary, was in- tended only to demand and procure a redrefs of wrongs, and indem- nification ror fpoliations on our trade ; and not for the negociation of a commercial treaty. — ^Whatever opinion people formed of the cm- bafly, the inftruftions given to the envoy, were in purfuance of con- ftitutional powers ; and if the pe*"' 'e irprifed with a treaty '* amity and commerce, before th ^ xpec> "t, this forms no objt. tion to the treaty itfelf. The time feled^ed for this negociation, and the exercife of the Frefident's powers, at the critical moment, when the public mind in America was in a violent flame, on account of the feizure f our veffels by Britifh privateers, and when hoftilities were expefi i be- tween the two countries, however offenfive to a party in America, are among the moft fortunate circumftances of this whole bufinefs. T(he fequeftration bill, then before Congrefs, involved in it tha events of peace or war. The bill, had it parted, would have been conGdered by Great Britain equivalent to ifluing letters of marque and reprifal, and tantamount to a declaration of hodilities ; and pro«^ bably that aft, had it been fanftioned by the feveral branches of the legiflature, would have plunged us into the prcfent jnofl calamitous war. Such a confequence was confidered by the Prefident as little lefs than inevitable. As a conftituent branch of the legiflature, and chief magiflrate of the nation, he had a right to exert the powers he poflefled — and if he thought the houfe of reprefentatives were rafh in their meafures, it was his duty^ as the chief guardian of the public fafety, to exert any of his conftitutional powers for the purpofes of arrefting thofe meafures. It was as much his right and his duty to interpole negociaton as a means of checking any meafures that he deemed inconfiftent with our national intereft, if he judged that the befl means, as it is to give his negative to a bill that has pafTed the other branches of the legiflature, when he judges the bill unconfti- tutional or inexpedient. The right of the Prefident to interpofe negociation, at the time he did, cannot be difputed. The expediency of the meafurewill per- haps never be admitted by its oppofers ; but every fubfequent event has ferved to convince the friends of our prefent adminiliralion, that the meafure was highly expedient and the time well chofen. That the Prefident was right in reforting to vl peaceable demand oi indemnification for fpoliations on our commerce, is capable of the higheft proof. The law of nations makes it a duty, on the part of a nation thus injured, to make a peaceable rcquifition of damages or reftoration of property, from the aggrefiing riailon, before the cnm- Oiencement of hoftilities. ^^r p*:- Zf ^ ;"*. ■;k*.4-' 60 VINDICATION OF Mr. JAY's TREATY, Vattel, book 3, chap. 3, lays it down in the mod unequivocal language, that an injured nation has no right to refort to force for fatisfadion, until other means of obtaining it have proved fruitlefs. In conformity with this principle of the law of nations, it is often ftipulated by treaty, that letters of marque and reprifal fhall not be granted by an injured nation, until means of redrefs have been fought in the ordinary courfe of juftice. Of this tenor is the third article of the treaty of navigation and commerce between Great Britain and Spain, dated 1713. It was in purfuance of this moft falutary principle, that the Prefi- dent appointed an envoy extraordinary at the time he did; and it was, undoubtedly, in other refpe(fls, highly expedient ; as no mo- ment could be more eligible for a negotiation with England, than when (he was engaged in an expenfive and ifnfuccefsfiil war : a war that entrenches deeply on her refources, and demands a minute at- tention to her commercial interefls. But my oppofers will fay, " We admit the propriety of negocia- tion, before the commencement of hoftilities ; but we contend that our envoy (hould have been reftri<5led to a demand of the wcftcrn pofls, and indemnification for lofTes by illegal captures, and con- demnation of our vefTcls and property. It was never underftood, that Mr. Jay had inftrudtions to make a commercial treaty." This objeAion amounts to noting, and defervcs no anfwer. The Prefident had as good a right to authorife Mr. Jay to conclude a treaty of amity and commerce as any other man ; and he had the fame right to choofe one time as another. Having made thefe preliminary remarks on the origin of this ne- gociation and treaty, I will proceed to anfwer fuch objeiftions to the treaty as have come to my knowledge. The daily invedlives of news-paper paragraphifts will be pafTcd without notice. This is treating them as they deferve to be treated, and as they are in fadt treated by the public. A writer in a morning paper under the fignature of Deciut, ap- pears to have afTailed the treaty with more ingenuity than any other writer whofe arguments I have read ; and it is probable that his writings comprife the amount and force of all the objetSlions that are made to it. I fhall therefore take his objedions in the order they are publifhed, and endeavour to prove them of little weight, or wholly unfounded. The firft remarks of this writer are sumed at the candour and inte- grity of the twenty members of the fenate, who, he infinuates, rati- fied the treaty from motives of party fp'.rit. He does not indeed ex- empt the minority from the fame cenfure of their condu^ft. But what refutes, the infinuation is, the rejeftion of the twelfth article by the men thus criminated. Certainly the fpirit of party was not the go- verning motive ; for party fpirit is unconceding, and goes all lengths to carry its points. The rejeftion of that article, becaufe it en- trenches too much on our carrying trade, in the opinion of thofc gentlemen, is a proof that the intereft of commerce and the publtc good BY CURTIUS. 6l iBc good- were the motives of their condudt in aiTenting to every other part of the treaty. His next remark is levelled at the fecrecy of the fenate* in con- ducing the debates on the Treaty. ** Is not this fecrecy alone, (fays Deem,) a proof that the fenate conceived it difgraceful and prejudi- cial to die United States V* Let me aflc that writer a candid queflion : Has not every treaty which we have made with other nations been concluded and ratified in fecret ? And is there one of thofe treaties difgraceful or prejjidicial to our nation ? No obje<5lion was formerly made to thefe fecret ra- tifications. Why (hould reafons now exift for opening the difcuifion of treaties to the people, which did not exi(l in 1783 and 1785 ? The reafon is obvious : Americans were formerly under no influence but that of propriety ; they adted themfelves — Now a party of them have deferted||he principles which formerly guided our councils, and appear to be ambitious only of finding opportunities to rail at all lleady wifdom, and to commit our intcreih to pafTion and party. The fecrecy of negociations with foreign powers, through every ftage of the bufinefs, is dictated by found policy. By making treaties public before they arc ratified, advantages would often be lofl, and by deflroying confidence and freedom of communication, the bufinefs would be often impeded or wholly defeated. Nothing marks the fenfe of mankind on tliis fubjedt, bq^ter than the practice of indivi- duals, who generally ufe fecrecy in all important contradls of their own. This common pradice is a proof of its utility. Much more neceffary is it in treaties, which are national contraAs or conven- tions. Another remark of Dec'tus, worthy of notice, is, that the " firl impreflions made by the treaty were unfavourable — all men and all rawij [what ranks ? this writer has certainly forgotten one article of democracy— ^y«o/f/y] united in condemning it." This remark has fome foundation, and the faift is eafily accounted for. The firft impreflions on the minds of the public were made by an abflraft of the treaty, which was publifhed incorre(Jlly, and there are ftrong fufpicions that it was done with the infldious view of ex- citing impropei imprclTions. The abllra>fl was faid to have been made from memory. This cannot be true. It is not in the power of man, after the niofi careful perufal, to make fo large an abf trad, without the help of notes, of twenty-eight articles of a treaty, with- out intermixing the articles in the fketch. The bufinefs muft have lieen done with defign ; and it v/as inexcufab'le in any man to offer to the ])ublic zjietch, much more an Incorre^ one, of fo important an inllrument. Thefe unfavourable impreffions, however, anfwered the views of men who perfedly well underflood the importance o( prep^/f-i/'"^ the puMic mind. They c:.-citcd a temporary clamor, and have perhaps made a few weak friends to an expiring caule. * But the clamor of the moment fubfidsd on reading a correft copy idf the treaty — men all ajjreed it was. not fb bad as they expedled. Ill :i»Jii!i I'l Ksm^ 'Si 11 \i¥m^ ■r I I .VA «i VINDICATION OF Mr. JAY's TREATY, Still nviy well meaning people do aot wwlerftand it ; and cvary p«f> fible effort is ufcd to dii^ort and mifcondrue fome paflagei m th« treaty «vhi«h afTeA the commerce of the country. The violent cenfiure of the treaty which pravailed or ka firft fiib> lication, in flceieton, and the moderation of Uw claaior on further perufal of it, indead of bein^ a proof that the treaty it in itfelf baiU is a fubftantial argument in its favor — it is a proof tha| it beats exa- minatien — and it is a proof, further, of what w« fliould all regret, that the pajjiont of men eutflrip their jr/^wMr. Should the final rcfult of the bufinefs prove to be, what I am eon* fident it will be, a general conviction that the treaty is, on the whole, a favourable one for the United States, and the mofl: fiivourable of any treaty we have yet formed ) the public will view with indig* nation, the infidious auempts that have been made to excite a fcr« ment, and oppofition to its ratification, as well as to load with vOn merited cenfure, the able minifter who conduScd the negociaioo. CURTIU8. NUMBER II. THE preamble of the Treaty, fays Decm^ is not free from ob-* jeAions. It flates that the differences between the e<(untrieft s»'e to be termbated <* without reference to the mertis ol* their com* daints." Deems fays, the merits of the controverfy fhould never be loil fight of. But when this expreffion is explained, I believe eveiy oandid man will juflify it in the prefent inftance. The merits of the complaints^ in this inftance, refer fblely to tht Jueftion, which party firft violated the treaty of Peace.'* On the rft opening of the negociation between the minifters of the two countries, this became an important point of difcuffion. The Ame- rican envoy alleged the firft breach of the treaty to be on the pact of Great Britain, and mentioned the carrying away of the negroes. The Eoglith minifter maintained that this was 119/ a violation of 4ie treaty. As this fubied has occafioned as much altercation as any point between the two countries, and as the filence of the prefent . treaty on that fubjefl:, is the ground of violent clamour, I will anti^ cipatc a confideration of this point, which would more pcoperly fall under a fubfequent article. Whenever our minifters have urged the claim of reftitution w com- petition for the negroes, the Britilh miniftry have, invariably, anr iwered them with the following remarks : ** The negroes carried from America by the Britifh armies, were taken by the troops on their marches through the countiy, or came is by proclamation, and put themfelves under our '))rotedion. ** The claufe of the treaty on which you grotind your claim ia in the& words—" His Britannic Majefty fhall, with all convenient ^ed, and without caufing any deftru^ion, or carrying away any ne- rroes or otier porperty of the Idnuricatt inhabitants, withdraw alLhii icmies, &<;." , ifi»!l ' in nil ■% BY CURTIUS, «« w com- tUy» ftOr les, were came is laim 19 ie Invenient any net- M By tke iswt of the Amcrtcin ftates, negrofet are c4iBfidttr4d m property as much as cattle ; you claim them at prtpeNy for tli« men vrho were their proprietors. By the kws of 'wvj HaiverfaHy aAnit- i«d, every fpecic* of moveable property f«und an4 takeo in »n eti»> my'a country^ becomcB the property ol the captors. By the (cbure and poflefHon of the negroei» the Britiih armies b«camc the rightlu! owners } the negroes were kwtyt as mack as the horfes ind cattle taken by the fame troops. <* Soppofe an American boat loaded \rith ^oods, t* be tkkcn cd one of your rivers in the time of war, would not that boal ttod toods be a £iir prise? Sappofe a hoife to ftray Into the BHtiih fines and be taken, would not that horie belong t* iht captors^ Could a claifai be reaibnably imerpofed for rellitution or con^ penfation in thefc cafes i Whether they were feduced or fotccd ii'om the plantations, if they were properly % that property^ on tiieir coming into poifefion of the Britiih army, was changody according 10 all the laws of war. '* The clauTe of the treaty contemplates negroes which Were Am9- rUan property at the date of the ItipUktidn. * Negroes or otfur pro- perty' are Um wonAs. But the negroes which our troops had taken m their marches, or which had put themfelves under their protcdikiDi were not, at that time« the pr^rty of Americans. *' On this ceoftrudtion, -which we hold to be the only ration^ one, that claafc of the treaty will not maintain your clann. The treaty may include (laves which were within the Brkiih lines, in pofleffion of their American mafters ; but there is no pretence that Such were carried away by the Britifh troops. <* Befides, we cannot furrender negroes which came into our Knes on the faith of proclamations, without a violation of that faith ; which cannot be done. We proraifed them freedom and ptotcAion— *■ we gave them that freedom, and we mu(l proteA them." Such is the fubftance of the miniftry's reply, to the claims of our en- voy, which were repeatedly urged without fuccefs.— And the Britifb miniftry have invariably put the ve have not a (hadcw of prcterfion to the ncgroc« carried a\vAy by the BritiOi troops. But the 1hw8 of many of the Oates do confider them as property > vrhether rightfully or wrongfully, is not now the qucftion. If we confider them as fnperty, they are to be ranked among fer/onal edates, for they certainly are not real cdatc. Now Mr. Jcffcrfon, a man of eminent talents, and the oracle of my antagoniils, admits, in the fullefl extent, the doctrine, that all per- fonai e(bte is rightfully feizablc by enemies in war. The following art his vi ordr : " It cannot be denied, that the (late of war (Iridlly admits a na- tion to feize the property of its enemies, found within its own limits, or taken in war, and in whatever form it exids— whether in a(!;°}ion or poffeffion." ' In confirmation of this, he quotes Bynkerfhoek, 1. i. c. 7. who is clear and explicit on the fubjcA. See papers relative to Great Britain, publifhed by order of Congrefs, p. 29. This doctrine is tlie uciverfal law of nations. *' As the towns and lands taken from the enemy, are called con- quers, all moveable things conftitute the iooty. The booty belongs to the fovereign." Vattel, b. 3. c. 9. In the interpretation of treaties where there arc two con(lru6lions, the one favourable, the other odious, that which is odious is always to be rejected : and what can be more odious than to conflrue this arti(^le of the treaty, fo as to violate faith towarfis the wretched blacks, and render them back to the whips and fcourges of flavcry i At any rate, this point of the bufincfs the Britifh miniftry will not yield, as the firft infraction of the treaty. Then came the detention of the weftern pofls, which our minifler alleged to be a breach of the treaty, anterior to any violation on the part of the United States. — Here was introduced the conefpondence between Mr. JefTerfon and Mr. Hammond, and Mr. JefTerfon's rea- foning ort the fubjed. ' . • To this the Britifh minifter anfwered, by referring to dates of tranfaiStions. The proviHonal articles between Great Britain and America, were figned, November 30th, 1782, at Paris; and notice of this was of- ficially received by Sir Guy Carlton, April 5th, 1783. But the de- finitive treaty was not figned till September 3d, 1783, and the rati- fications were not finally exchanged, till fome time in 1784, though I do not know the day and month. A treaty is binding on a nation from the moment of fignature 5 b»it its ultimate validity depends on its pafling through all the ufual forms. According to the modern praftice, the exchange of ratifications puts the feal to the validity of a treaty, and gives it an effeft from the time of fignature. ' The Britifh miniflry flate that, ex gratia, or as a matter of conve- nience to the nation, orders were given to Sir Guy Carleton to eva- cuate New- York, immediately on flgning the provifional articles in BY CURTIUS. «l ca, were was of- t the de- thc rati- though but 1783. But they allege they were not boun«l to tlo this, until they had been nctificd of the ratification of thofe articles by Congrds, which could not have ocen till the middle of the year 1784. The demand made by the Baron Stci.ben, by order of General Wa(hington, of the furrender of the weUern rods, and the fir(l de- mand made, was by his letter to General Haldimand, dated Au- guft 3, fjf , . At this time the Britifh miniller could fcnrcely have heard whether Congrcis had agreed to the treaty or not ; much left could any orders have been Tent from ihcm to Canada, for with- drawing the troops from the garrifon. Admitting this fa^, that the Britilh minifWy were not ioutiti by treaty to give orders for the troops to withdraw, until the treaty had Srone through its ufual forms, then the detention of the polls, till ong after they had been demanded by Baron Steuben, and perhaps as late as the demand of Colonel Hull, in July, 1 784, was julliiiable and authorifed by the praflice of nations. But long before this, Congrefs had declared the carrying away of the negroes, an inflation of the treaty ; and in May, 1793, '^^^ fent orders to our foreign miniders to rcmonflrate agaioft this mea- fure, and demand reparation. The ftate of New- York, fo early as March 17, 1783, paffed an aft authorifing any citizen to bring anions of trefpafs againft any per- fon who had occupied, or injured his eftate, real or perfonal, within the power of the enemy. This was an exprefs violation of the 6th article of the treaty, which declares that no pc-rfon (hall fuffer any lofs or d;image, or any profecution, on account of the part he had taken during the war. And Virginia, in Deccrrber, 1783, pafled an aft, fufpending executions on certain judgments, which materially affcfted Britilh creditors. South-Carolina, in March 1784, follow- ed, and palTed an aft fufpending all aftions, both Britilh and Ame- rican, for nine months. Thefe legal impediments to the recovery of old Britilh debts, de- termined the miniftry not to furrender the pods, but to hold them as a fecurity for thefe debts. And whatever clamour we may raife about this bufinefs, we may be aflured, that the weftern polls will never be delivered peaceably, until the payment of thofe debts has beenamni; fecured. I have been thus full in explaining what is meant by the merits of •tompfaints, in the preamble of the treaty, to Ihow, that our miniiler was jultifiable in palling over the difcuffion of a point of extreme diffi- culty — a point which would ha\'e walled time and emb' iiT-.flcd, per- haps defeated, the negociation. The queftion of xYitJirft infraSion of the treaty of peace had been ably difcufied before ; and at the dole of the controverfy, the parties were as remote from the proba- bility of agreement as when they began. Neither party would yield the point to his antagonill. The Bri- tilh miniftry, it is evidently known, are determined never to admit the carrying away the negroes to be an infraftion tf the treaty, and ^ m :3r ■ ^^^' fr^M I ^ ( , ,"■•*''*!! ■ S i t Ml., iiiii iilli ^H VINDICATION OF M«. JAY'S TREATY, they are equally deterftiincd not to fwrender tb^ ireftcrn |)ofts wkW out a guarantee for the payment of old debts. In this Htuation, vras it not prudent and W^e td^s orer the firA itt^As of criiftinauon, and proceed to an amicable adjufttftent of all dimrences, if it could be donci without attempting to decide whb firft infringed the treaty ? I ati perfLaded that erery Candid mm who reads this explanation of the bufioefs* will be .Adly UxkHed with the conduA of our envoy. [Note. I generally ufe the word envoy or minider, in the fingv- Jar, as referring to Mr. Jay, the principal in the negociiition. But it is proper to ofajcrve once for all, that Mr. Jay, by order, conununi- icated his inftru(£Uon« to Mr. Pinckney, confulted him on every poiot, and that tlie trea^ Mid every article of it had the apptobation of that fBiuleman.3 CU 8.T JUS. ., ■■■**\ NUMBER IIL :i'^: THE iirft arucle of the Tnea^ contains words of courfe, ^rfilcn deferve no notice. Article t. , ^ Tiie firfl obje^ion made to this article is the inexpKcitneis of it. It is faid that the article fhould have defined from wkat plaat his Majefty was to withdraw his troops. The anfwer to this obje^ion is, that there is sot any difpute about ^ boundary line of the United States, except at the north-eaft ex- jtxemity, on St. Croix river. The poiis which we claim are acknow- ledged to be in the United States. It is poiTible, that the Britilh pfficers at feme of thofe places, as a pretext for feme purpofes of their own, may have pretended they were on their own ground ; but I ne- ver heard it fuggelied that the miniAry difpute the boundary line, at or near ^y of the garrifoned places. The time afligned for the evacuation, is faid to be too diiiant. But if we calculate, we (hall find no ground for .this objection. There tras required time to exchange ratifications, and then for orders to he diipatched from England, to the fartheft poft weftward If we al- low a reaibnable time for thefe tranfadtions, it will require the whole period affiled by the treaty. The jurifdiiStLon of a miutary poft will doubtlefs be confidered, the ceach of a cannon Ihot, or a league. ** Laftly, (fays Deciut) as the treaty of peace gave us thefe pofts, what great benefit is obtained by this ar 'M i Who would regard the fecond promife of a man, who had already, without an excufe, vice hted the firft?" But, Dtciiu will pleafe to remember, that there are two fides tp a queftion — ^The legal impediments to a coile^ion of old debts were an exi^ufe for the detention of the pofts which they deemed futficieai. il- BVCURTIUS* ^ '% vx ■« Dt. dut There irs to be " we al- whok tf w< tmaifif nitlt tlw^fixtli article, Or««t Bmsn wilt oooiequentif cofflpty with the i«G«KL Article 3. Even thii «nicl« of die treaty, whieh breaks down the barriers which have hitherto ebftrudkd our trade to Canada* and opens a : genera) intercourfe upon moft liberal principles, has not efcaped criti- cifm and cenfure. Deeius fays, the advantages in this article are on the fide of Great liiitain ; and the reafon affigned is, that the extent of the United States is greater than that of the Britifh territories. Now this is the very reafon why the advantages of this article are in favor of the United Sutes. 1 What is the pre&nt ftate of trade between Canada and the United States i an-Not a (kin in the fur^trads can be brought into the United States except by ilealth. This prohibition makes the little trade in peltry, now a(fluaUy carried on, very hazardous, and raifes the article to a very high price. The peltry, it muft be admitted, is almofl: all colledted within the Britiih territories ; the Britiih have command of it by right ; and the removal of thofe garrifons to the other fide of the lakes, without a removal of the prohibition on the peltry trade, would not have been of much advantage to the United J-t'^U.,.- States. We have then every tlung to gain by a free interconrfe— the Bri.*. tifl), every thing to hue, fo far as regards thti treuk, Declus fays, *' the fur-trade wi^l probably fall altogether into the hands of Britifli traders.*' This is a moft extraordinary fujf o- iition. The tnith is, the peltry-trade now is all in their hands — What we irant is to get that out of their hands. That is, we want to obtain % ^are of that trade on equal terms with Britifh ful^e^s. This we have obtained by the article under confideration. What right, what pretence have we to a monopoly of that trade } Do we exped that Great Britain would permit us, as Declus fays, ** to lecore to ourfelves the whole fur-trade V To demand fuch a privilege on our part would be extr.iv.igant and ridiculous. •;-'"• The trade by the third article of the treaty, is placed on a iM and liberal footing. — Both parties are free to ufe all the rivers and lakes for the purpofe of inland navigation, fubjeift only to the com- mon tells and ferriages. The exception of the limits of the Hud> , fon's Bay company is of no importance at prefent to the United States ; and the exception was a neceflary confequence of the ex^ iriufiva rights of the company. Deem* fuppofes there is a manifeft ineqtiaKty in permitting Briiiflt traders to uie all our ports and rivers, and in redridling the Ameti- «an» from the fame ufe of the ports of the Britfh territories, and the Timers between the mouths thereof and the higheft ports of entry. But Jktmt will ^afe^te reccUe^t, that this ^iyi^ge enjoyed by Britiih J 1 i^it VINDICATION OF Mr. JAY's TREATY, r--* I fubjefts, and the reftriftion of American fubjedls, are not created by the prefent treaty. In this refpedl the parties are as they were before. American veflels have never been permitted to carry on the coading trade of the Britifh poiTeflions in America ; and therefore we fuffer no new abridgment of bufmefs by this article. On the other hand, Britifh veflels are now admitted into all our harbours, and to the higheft port of entry for foreign vefleh, fo that this article gives no new privilege to fuch veflels. But we have obtained by the treaty a free inland trade with Canada. We can navigate all the rivers and lakes — we can go down the St. Lawrence to Quebec. Articles arc to be carried from the United States to Canada, and vice verfa, fub> jeifl to the lowed duties ever paid on thefe articles ; — and peltry .pays no duty at all. This free intercourfe will be highly advantageous, to our citizens on the frontiers. They will be deeply concerned in the fur-trade, and we fliall obtain fiu-s much lower than formerly. At the fame time the inhabitants on our frontiers will find a market at Montreal or Quebec, and bring back in return fuch heavy articles as will come cheaper, through the Si;. Lawrence and the lakes, than through the Atlantic ports. ^y^}t This trade is extremely wanted by our frontier fettlements, which are everj' day increafing. Their diftance from the Atlantic lays them under heavy djfadvantages, which the treaty before us allevi- ates, as much as poflible, by taking off all retlri«Aions on inland trade. And juft in proportion to the number of people in the United States, who are to carry on and partake of that free trade, will be the bene- fits of this article of the treaty. It fhould be confidered further, that the citizens of the United States are taking up large trat^s o; land in Canada, and emigrating to that province. — This bufinefs is encouraged by the Britifli govern- ment. But while the people who fettle in Canada, for the purpofes of trade or agriculture, become fubjefts of Great Britain, they retain their attachment to the United States ; and from this circumflance important and beneficial conlequences may hereafter be expefted. , Articles 4 and 5. . '""- Thefe articles have not been the fubjedls of much cenfure ; perhaps the mode prefcribed for afcertaining doubtful points, relative to the boundary line of the United States, is as eligible as we could wifh. Article 6. This is a moi\ important article. It involves in it the primary and principal caufes of all the differences now exirting between the two countries. Before the war, moft of the trade of Virginia, and a great portion of that of the flates to the fouthward, was carried on by foreigners. I am well affured that it was edecmcd in Virginia, difreputable for planters and their fons to engage in trade. This prejudice, which was, like a thoufand follies adopted by Americans, introduced from Europe, and a remnant of the ariflocracy of the feudal fyltem, ope- rated powerfully to keep trade in the hands of foreigners. 1-1 BY CURTIUS. . *r.; :^iV, T 69 The Biitifh merchants availed themfelves of the prejudice. They were the agents or fadtors for the planters, and gave extenfive credit. The confidence created by this friendly intercourfe, together with the prodigal habits of many planters, extended this credit to a very large amount. The war neceflarily fufpended the payment of thefe debts. The treaty of peace provided that no lawful impediments (hould be inter* pofed to prevent the recovery of thofe debts. The carrying away of the negroes by the Britifh, when they left New- York, exafperated the fouthern ftates : they confidered it as an infradlion of the treaty, and, as fuch, an excufe for violating it on their part. They parted laws which were impediments to the recovery of old debts. The Britilh miniftry, on their part, detained the weftern ports, as fecu- rity for thofe debts, and damages lurtained by the Britifh merchants, in confequence of thofe legal impediments. Here the parties are at iflTue — here are differences between the two nations which can be fettled only by the fword or amicable adjurtment. This is precifely the (Ituation of the parties. — Neither party will yield the point oijirjl infraSion ; and paper correfpondence, to prove the point, has been exhaurted, without giving any fatisfadtion to either. The iflue then is, the alternative of tuar or accommodat'wn. But if we enter into a war, will this fettle the points in difpute ? Not at all. A ten years war, and a warte of half the blood and treafure of the United States, would leave the controverfy juft where it now is— to be fettled by negociation. It is no anfwer to thefe remarks, to make outcries about Britifti injurtice. Admitting this in the fuiieit extent, that injurtice is to be rertrained only by the fword, or amicable agreement — we have our choice. Is it not prudent and wife to make an effort to adjurt all differences by a reference to equitable principles? What better mode could be devifed to fettle differences fo numerous, fo complicated, as thofe which exift between the two countries, than by Commiilioners fairly and impartially appointed ? This is the mode which has been prac- tifed for centuries, in like cafes. In looking into collc(5tions of treaties, I find the fame mode prcfcribed in all cafes of difficult dif- putes between nations ; and the univerfal prai^ice of reforting to this mode, is a proof that none better has yet been devifed. But it is faid, " this mode of adjurting fums due to Britifh credi- tors, is unjuft towards thofe ftates which have interpofcd no lawful impediments in the way of recovering fuch debts ; as they mail bear a p;iit of tlie burden, and thus fiiffer for the delinquencv of otheis.'* This objedion is fufceptible of a very fatisfadtory anfwer. Our capacity, as a nation, arilcs fiom tiie union of tiie ihites un- der the conftitution. All our intercourfe with foreign nations is condudled by the Um^ trd States, in that national capacity. Foreign nations cannot nego- eiate wiih any of our individual ftates ; and the Hates are expieisly K 'I •■i5*f :<»: .*'•. l*»l ■1 i 4:1 :0.. VINDICATION OF Mr. JAY'S TREATY, |)rohibited, by our conflitution, from entering into any treaty, com- fA&, or agreement, with any foreign power. The moment our union took place, the United State» became, to ' a certain degree, refponfible for ads done by dates or individuals to- wards foreign nations. This refponfibility refults from the national capacity derived from the union. Whatever hai dfliips this may impofe on particular fhites, it is a oecefTary confcquence of the charafler we have aflumed among the powers of the earih ; and indeed it is much more than counterbalan- ced by the protection and fecurtty derived from the fame national capacity^ ''"■ " *; .. - : CURTIU&. fwers, equivocate, and fometimes men are abandoned enough to per- jure themfelves in a court,, to fave propert}' of their own or their ' friends. What fays the law of nations on this fubjeft ? Vattel, b. 3. ch. 7. lays it down -with great precifion. ** Without fearching neutral ihips at fea, the commerce of contraband goods canpot be prevented. — There is then a right of fearching. Ac prefeat a neutral fliii) refuiing to be fearched, would, from that proceeding alone, bi; condemned as lawful prize. But to avoid inconveniences, violence, and e^xry other irregularity, the manner of the fearch is fettled in the treaties of navigation and commerce. According to die pref^»t cuftcm, credit is to be given to certificates and bills of lading, prpduced by ; the mafter of the fliip, tmle/s any fraud appear in them., or there be very good rtafon tofufpeS tketr vaiiiUty,*' : The mode of fearching neutral veficls is regulated by cur treaties, with the States General, with Sweden and France, in which it is (lipulated that credit flull be given to the (hips' papers.^ But we have had no fuch treaty with Great Britain, and the treatment of our vefFels depends, on the law of nations, or the licentious will of the mailers of privateers. — ^Wherever there is liifpicion of fraud in the papers, the veffels may, by the law of nations, be carried into port for examination and trial ; and it is probable, this licenfe has been carried to a molt unwarrantable length, during the prefent war. The general expreffion, caufe of fufpichn^ gives an almolt unbounded la- titude to thofe unprincipled men, who are ufually engaged in the de» f tellable buflnefs of privateering. % Such is the iituation of ouar trade, in the prelent unhaj^y war». t But making every allowance for ill ulkge, it muft be admitted that great numbers of Anverican veifels have, according to the laws of nations, been juftly feized, and carried into port for trial. When this is the cal'e, what mode of procefs muftbe had to determine what property is liable to confifcation, and what is not ? Our exifling treaties with other nations admit the right of trial in the admiralty courts of the nation capturing the neutral veflels ; and in thefe treaties, there are iHpulations that bulk ihall not be broke, un- til the cargo has been landed in prefence of proper officers, and no part of the cargo fold, till legal procefs Ih'iU have been had, and fen- tence pronounced againll the goods liable to condemnation. Mult not the fame procels be had in die Britifli coiu-ts, though we have had no treaty with the nation \ Where is the ground for mala, laiaing a different dodrine \ , 1 J If" .V* . 71 VINDICATION OF Mr. JAY's TREATY, We muft then admit the principle, that American veHcIs feized and carried into port, with prohibited goods on board, or on fufpi- cion of fraudulent papers, are fubjedt to the ufual legal procefs of Britiih Courts of admiralty. However hard this may appear, the efFedl flows direftly from the ftate of war and the law of nations. If we admit this principle, we admit all its confequences. If our TcfTcls are liable to legal procefs, it is neceflary that all the documents relative to the quedion oi legal capture ornoty fhould be produced and examined. And when we confider the diftance from which many of tliefe documents are to be procured, and the numerous cafes that have arifcn, who can fay that final decifions can be had on the Ame- rican claims in a moment ? And in cafes which involve equitable con- fiderations, not proper for the decifion of courts of law, what mode could be devifed, more eligible for the claimants, than that of com- miffioners"? Is the term of eighteen months too long for receiving claims ? It appears to me the time is not unrealbnably long ; and even the length of the time is favourable for the claimants. It is faid that the Britifli government ought to advance a fum on account, to be diftributcd among the fufFeiers. This fuggeftion fcems to be grounded on an idea that has prevailed, that fuch a fum has been advanced by Great Britain to Dcmfhark and Sweden — an opinion which, I have authority to fay, is not well founded. But to this meafure there are infurmountable objedtions. The im- pra^icability of doing even partial juftice, before it is afcertained who are the obje^s of it, is merely chimerical. Many of my countrymen are great fufFerers, and I truft their juft claims will be fupported, and their juft damages paid. But a fum- mary trial might do great injuftice — ^the innocent might fufFer, and the guilty obtain reparation. On the whole, the time and mode appear as eligible, as juftice and the nature of the cafes will admit. With refpeft to the ftipidation in the laft claufe of the 7th article, that engages payment for certain veffels taken by privateers within our jurifdidtion or by veflels armed in our ports, I trufl no man, who has a regard for honefty or national charafter, will ever objed to it. I am one of thofe American citizens, that hold it as a duty for us to preferve a ftrid: neutrality in the prefent war, and honourable in our government to make indemnification for every illegal proceeding of the nation and of individuals, towards foreign nations. Let him who demands juftice, do juftice himfelf. The amount of the fums to be paid, does not vary the principle, nor fhould it vary our condud as a nation. I hope and truft the character of the United States, will never be ftained with a violation of faith and juftice, even to- wards the coifairs of Barbary. Self-defence, only, will authorize any nation in arrefting or withholding the property of individuals, even of an enemy nation. To withhold or to authorize the with- holding of private property, contrary to law, is to degrade our na- tion to tlie rank of Algerines. f^.A ithorize (riduals, : with- our na- . BY CURTIUS. uTA Jit;;:. ; Postscript to No. IV. TO convince the public more fully of the little ground for ob« * jeAion» on account of delays in admiralty courts, adjufting differ* . ences between nations, I will make feveral extraAs from the cor- : refpondence between our minifter at Paris, and the French minifter • for foreign affairs. This correfpondcnce was publifhed in January, 1 794, by order of Congrefs. It relates to the captures of our vef- fels by French privateers, under the decrees of tlie Convention of May 9th, and July 27th, 1793, in exprefs violation of our treaty with France. .v,.'*;!l.:-,fi(:^fM >,^,^,,f '(;,■•'" <;, .«> Letter from J)/r. Morris, 0^. 12, 1793. ' " " .^ [TRANSLATION.] Paris, the illh Oa. I'jQi. \ *"'!' The Minifter Plenipotentiary of the United States of America "'" to the Republic of France, t ^I. Daforgues, Minifter of '". Foreign Affairs. I HAVE the honour to fend you herein inclofed, the copy of a letter, which has been addreffed to me by citizen Poftic, a lawyer refidirg at Morlaix. It appears, that in the proceedings of w|iich he has given an account, there are extraordinary irregularities ; and I think it my duty to inform you of them, as on the juftice of tribu- nals often depends the falvation, and always the profperity of a fute. • I requeft of you at the fame time, fir, to permit me to make two general obfervations on the whole of this bufinefs ; one of which ap- plies to the organization, and the other to the proceedings, of the commercial tribunals. The referring of queftions on fea prizes, to thefe tribunals, appears to me dangerous, fince they involve the interpre- tation of the treaties, and the application of the law of nations : con- fequently of peace and of war. Now we may be permitted to en- tertain fome doubt as to the knowledge of the judges, and we ought befides to fear, left they may be interefted, as owners of privateers, in the queftions which are fubmitted to them. But whatever may be the organization of the tribunals, it appears to me effential, fir, that in their proceedings they fhould receive all the claims which may be made to them ; that they fhould even invite without waiting for the authority of perfons interefted, who are often at the diftance of one thoufand leagues. The jurifdiflion»of the tri- bunals within whofc cognizance are the queftions of prize, is in rem. They take pofTefEon of the things, and by that m?ans render them- - 1 J J J3^; VINDICATION OF Mr» JAY's TREATY, felves refponfible for it. Now as the tribunal, which is the dc- podtary of tlie thing, ought not di^Aefs themfelves of it, with- out a formal authoritative aA of the true proprietor, it is certain- ly theit duty, nut only to adroit, but alfo to feek proofs^ which may elbbli(h to whom the property truly belongs. This is a double duty towards the neutral proprietor, and towards their own nation : for every government which permits its citizens to fit 0ut privateeri, arms with the dellrudtive fword of war, hands which are interefled to extend its ravages, and renders itfelf refpoti- Able for the abofes which refult from fo dangerous a delegation of fovcreignty. For the purpofe of repoflelTing them, the admiraity tribunals have been edabliflied throughout the difFcrent nations of Europe. In thefe tribunals, the government furnilhes the means of information, by the facility with which it admits therein every fj^e- cies of claim, Jt pteferves, by appeals, the right of deciding, in the lall refort, on the contefls which fhall therein arife : and it gives the nece/Tary time to enlighten its confcience on thorny queihons, before the pronouncing of a fentence, which might extend or pro- long the horrors of war. Thefe, Ar, are the queftions which experience has dilated to me. They daily make on me a more lively inipreffion on account of the claims addrefled to me by my countrymen, of which I have com- municated to you a very fmall part. I always fend to the tribunals the injured pcrfons, by giving them the moll pofitive affurances that they will there obtain complete and prompt juftice. I have tlic honour to be, &c. li" X| *' > > , GOUV. MORRIS, i* *-Kft Extras from the French Mimjier's anfwer to Mr, Morru, datej-'] Paris, 03. 14, 1793. •* THESE ofafenrations, fir, which you are too juft not to appre- ciate, apply to the greater part of the claims, which yon have addref- fed to me for fome time. I have done, with refpedt to feveral of them, all that depended on me, in order to obtain in i'avour of your coimtrymep, an exception of the general meafures, adopted with regard to n«^utral nations. I have ufed among others, all the means with which your letters fiirniflicd me, to have reftored the ftiip Lau- rens ; but I liave met with infurmountable obfiacles, in the eikblifli- ed laws> and in the opinion of the commercial tribunal ut Havre. The tribunal h\as neglefted nothing to render juftice to the owner?, of this veiTel. It: has confented, among other things, to have tranfla- ted 361 letters, merely to prove, in the moft authentic manner, the property of the c argo. The interefted have, befides, avowed them- felves, that they had negle(5ted an elTential formality required by our laws. ** We hope thai the government of the United States, will attri- (>ute to: their true c^ ufe, the abufes of which you complain, as wj^, BY CURTIirS. 7f ai other violations of vrhich our cruifers may render themfelves guiU ty, in the courfe of the prefent war. It mnft perceive how difficult it ist to contain within juft limits, the indignation of our marines, and in general of all the French patriots, againd a people whofpeak the fame language, and have the fame habits, as the fi'ee Americans. The di/liculty of ^ftinguiOiing our allies from our enemies, has often been the caufe of offences, committed on board your vefTels ; all that the admtniflration could do, is to order indemni£catioD to thofe who have fuifered, and to punifii the guilty." Let any candid man view the whole of the traofaAioni of Eng- land and France, and fay, whether in proportion to the number of veffels captured, the delays and difficulties have been greater in Eng- land than in France. N. B. Mr. JeiFerfon's letter on the right of nations at %var, to feize enemy's property in neutral bottoms, will fall more properly under '^e 8th number of this difcui£on. :.*^...,«!«. V CURTIUS. * appre- ddref- . eral of of yofur >" 1 with ; ' means i } Lau- t. tablifh- ■■• Havre, nerp, of \ tranfla- er, the / them- .- by our / attri- NUMBER V, - Article 8. ::/ THIS article folely regards the mode of defraying the expenfes of the commiffioners, and fupplying vacancies. No ol^edtion Appears againft it. Article 9. This article gives the prefent holders of lands in the two conntrie» the right of difpofmg of them, &c. without being confidered a^ ftbens. In the firft abftrafl of the treaty which was publifhed, this article was erroneoufly ftated, as extending to give the rights of citizens to tny and all Britifh fubjedts purchafing lands hereafter in the United States. The truth is, the article extends only to perfons holding knds at the time the treaty was figned, and fome proviflon of this kind was necefTary. To underiland this article, it mufl be remembered, that the Uni- ted States were fettled from the Britifli dominions, and till lately, re- mained a part of the nation. Some perfons in the United States now hold lands in England, which they inherit from branches of their families which are extinft in that country. Great numbers in the Britifh dominions hold lands which they formerly enjoyed as inhabi- tants of the colonies, and which were not coniifcated. Others havfr been compelled to take lands in payment of debts. The circumliances of thefe two countries differ from thofe of all other countries. They were formerly one country^ and linked toge- ther by a variety of individual interefls. Thefe private interefls have been moflly created under one com. iHsoD governmest. They originated when tke couatucs were o»e.i«' riy ■.t .1' '<' I 76 VINDICATION OF Mr. JAY's TREATY, empire, and without any fault on the part of the perfons interefled. Was it not reafonahic and Jud, that interests thus created fliould be fccured by the provif:ons of a treaty which was to udjuil all old dif- ferences ? Moft certainly it was. It has been faid that this article infringes the rights of the Aates. As I have never feen any argument to prove this aflertion, it will be fufficient to anfwer it by another aHcrtion, and fay it does not. It is faid alfo that article impairs the obligation of private con- tra(fls. As this is afTerted without explanation or proof, it will be pafled without notice. The danger of aliens holding real eftate in any country, is an idea that was propagated over Europe in feudal times, and modern wri- ters on law have continued to tranfcribe the reafoning on that fubjedt, from one generation to another, as they have on ufury, intolerance, natural allegiance, and many other ancient errors, without allowing for the ameliorated ftate of fociety and civil policy. The danger, however, is now a mere bugbear, and deferves no notice. Men may hold real eftates, without the other privileges of citizens ; and it tends to promote commerce to admit foreigners to this privilege, under fuitable reftri(5lions. The only danger that now exifts in an unlimited privilege of this kind is, that perlons might poflcfs themfelves of large eftates, and fpend the income abroad, as is the cafe with the planters in the Wert-Indies and the Irirti nobility. Should thi? ever become an evil of extent, it will require legiflative remedies. But it is an important idea which the United States fliould cherifti, that men are never enemies to a free country. Men may fcramble for offices, and oppofethe adminiftration of a government from felfifli views — but If foreigners find peace, liberty, and fafety in our coun- try, they will hardly give themfelves the trouble of fubjcdling us to other governments. A liberality in our meafures towards foreigners, ftrift juftice and impartiality in our laws, will make all parties our friends, and this is one great objedt of the prefent treaty. Decius attempts to make an invidious comparifon between this ar- ticle of the treaty and the eleventh article of our treaty with France ; which, he fays, is all in favor of the Americans, becaufe it aboliflies the droit d'aubaine in their favour, and gives the French nothing which the law of nations did not fecure them before. To prove this he goes into ^common law explanation of the terms ufed in the French treaty — goods moveable and immoveable. — The words of the eleventh article of the treaty with France are, " The fubjedts and inhabitants of the United States fliall not be reputed aubains in France, — they may difpofe of their goods, moveable and immove- able, by teftament, donation, &c." — Immoveable goods^ Dec'ius fays, mean chattels leal, but not cflatcs in fee, and quotes Sir Edward Coke and Blackilone. If Dec'ius is a lawyer of great ingenuity, as he doubtlefs is, he ought to be very cautious to conceal his fubtilties. His far-fetched trgumsnts to make the French treaty a mere ail of benevolence pn BY CURTIUS. 77 secome an tlie prt of Louis XVI. and the prelcnt treaty a mere facrtfice on our part, will not, ultimately, iuccccd. The explanation giren by Duiui to the terms 'mnunteahU goods \i unequivocally wrong. Does not Dtclut know, that a treaty with France is not to be interpreted by the common law of England? Does he know that the terms bona immoiiliaf immoveable goods, are borrowed from the dvUlatVt that the civil law is the bails of almod every !nunicipal conAitution in Europe ? Does he not recoiled that the municipal laws ot France were derived from that foiu-ce, and that terms ufed m that country are to be explained by the' civil. law ? Is not a treaty with France to be interpreted according to the legal import of the words in that country ? Let Deciiu then be apprized, that bona immnMia is a technical ' dvafe as old as the civil law, and that it comprehended formerly, and Kill comprehends, in moft countries of Europe, real eltate, that is, a/freehold edate, and lands. in fee, as well as chattels, t-eal. When nfed by writers on the kw of.nations, the phntfe has tlut fenfe. *♦ Every ftate has \\e liberty of granting or refufing foreigners the power of poflciRng lands or other immaveabU goodsf within its terri- tory." — ^Vattel, b. a. ch. 8. In the fame page arc thcfe expreifions: " If the fovereign does not permit aliens to po/Tefs immoveables, no one has a right to complain of it, as tlie fovereign may reEifc ftrangers the power of poflefling immoveables." So alfo in b. 3. ch. 5. fee. 76. The foregoing paragraph relates to moveabh; goods, but the rule is different with regard to immivabks, to e/Hatcs in lands f as they all, in fome meafure, belong to th( nation, are part of its domain, Sec. and the proprietor being always a fuhjeft of the country as pofleflbr of a parcel of land, and goods of this nature do not ceafe to be the enemy's goods, though poflefled by a neutral Uranger. "Ncver- thelefs, war being now carried on with fo much nioderation and in- dulgence, fafe«guards are allowed tc Aoi^is and lands pofTefled by foreigners in an enemy's country. For the Came reafon, he who declares war does not confifcate the immoveable goods podefled in his . country by his enemy's fubjedVs. In permitting them to purchafe and pafrefs thofe goods, he has* in this refpctSt, admitted them into the number of his fub^e<5ls. But the income may be fequeflrated, for hindering the remittance of it to the enemy's country." Bynkerfhoek, Queft. Jur. Pub. i. c. 7. ufes the word immohilia in the fame fenfe, and lays down the dodlrine above quoted from Vattcl. But the molt direct authority in point, is from Domat's Civil Law, Preliminary Book, title 3. fe^. i. the following pailage is .exprefs : " Immoveables are all the parts of the furiace of the earth, in whatjmannerfbever they are dillinguifhed, whether into places for buildings, or into woods, meadow, arable lands, vineyards, or- chards, or otherwife, and to v/homfoever they belong." In feft. 2. of the fame title, Domat exprefsly enumerates land'--, t whether allodial or charged with quit rents, among immoveables.* As V ■ • It dcferves remark, that the French word " biens," gooils, compreheniU ' «ftatc in land. This fcnfc i» borrowed from the civil law. ■. ' I J ■1 78 VlKDldATION OF Mn. JAY'i TREATY, this writer wis a French civilian, he doubtlefs ufed the word in its technical fenfe, as underftood in France, and by this fenfe muft our treaty with France be interpreted. Indeed, whatever, ntay be the opinion of lawyers here, I have no doubt that, by the nth article of that treaty, French citizens arc fully entitled to hold real eftate in the United States, and American citizens, in France. In all our other treaties, the article in queftton rcftriAs the Tub* jedls of the two countries, to the enjoyment of ptrfonal eftait or rf- ftBit in the jurifdiAion each of the othen Mod nations retain the old feudal jeaJloufy refpeAing foreigners poflciHng lands in their coun- tries. But the liberality of France in her treaty with America^ ought to be an example to all nations ; and the United States, of all countries on earth, ought ro rejedl all fuch remains of feudal preju- dice. I truft the explanation before given of the terms immoveabit good/, will be fatisfaAory ; and will evince the truth of what was ad- ranced by the writer of " Candid Remarks on the Treaty," that the nth article of our treaty with France amounts to a total abolition of aRenlTm, between the two countries. ifnlefs Declut fucceeds better hereafter in " dete^ing fallacies," he may as well let his pen reft, or to employ it more to his own rt • putation. His writings on the fubjedl, lb tar as they have hitherto appeared, are little more than a feries of miTreprefcntation. CURTIUS. I'^i'! .J. v.."/ •tf -^ ■ -•• • NUMBER VI. .c ^i •:■• ■ . •. ' ^A" : ■-.. THE loth article of the treaty provides that " neither the debts due from individuals of the one nation to individuals of the other, nor fliares nor monies which they may have in the public funds, or in the public banks, fhall ever in any event of war or na- tional differences, be fequeftered or confifcated." The faithful ob- fervance of the reftriAion contained in this article is fo much for our intereft as well as honor, that we fhould naturally have concluded, the moft determined enemies to any good underftanding with Great Britain, would at leafl have pafTed it by in filence. But fo ftrong are the prejudices of a certain party amongfl us, or fo virulent their paf- fions, that they have given to almoil every paragraph in the treaty an «qual condemnation. Decius has complained of this article as being, like many others, exclulively advantageous to England, and as ar- refting from our government a lawful and powerful weapon of war. I am greatly miftaken, however, if it is not completely defenfible againft every part of this accufation. It is true that by the law of nations, as exifling a century ago, the debts owing from one nation to another, were legal objeds of fe- queflration in war. " But at prefent, (to ufe the language of Vattel, b. 3. ch. 5. fee. 77.) in regard to the advantage and fafety of ccm- tnercC) all Ui« forereigns of Europe have departed from tlxis rigour. BY CURTIUS. Jknd as thU euftom lot bttn generally received^ he who fliould a^ con* trary to it, would injure the public failh / for ftrangers trulled hit fubjedi only from a firm perfuafion that the general euflom would be obierved. The (late does not fo much at touch the fums which it owei to the enemy. Every where, in cafe of a war, fundi credited to the public, are exempt from confifcation and feizure." This clear explanation of the modern law of nations, ai far as it rciatei to public funds, is alfo to be found in a report of the Englifli judges, in the year 1753, in anfwer to tl\e Prufnan memorial ; a report of much authority, which Vattcl does not fcruple to call an excellent piece on the law of nations. ** It will not be eafy, fay the judges, to find an indance where a prince has thought fit to make repnfaU upon a debt due from htmfelf to private men. There is a confidence that this will not be done. A private man fends money to a prince upon the faith of an engagement of honor, becaufe a prince cannot be compelled, like other men, in an adverfe way, by a court of juftice. So fcrupuloufly did England, France, and Spain adhere to this public faith, that« even during the war, they fuffered no enquiry to be made whether any part of (^e public debts was due to the ftibjedls of the enemy, though it is certain many Englifh had money in the French funds, and many French had money in ours." But thefe principles have received fanAion from a fource, which the adverfaries of the article will be difpofed to admit as of ftill greater authority and refpe^tability, I mean from the proceedings and decifion of the French Convention. It appears from Paris pa- pers which in April lad were tranflated and republifhed in ^t Aurora, that in the fitting of the convention, Dec. 29, 1 794., after the houfe had pafled the order of the day, ** Johannot read the following arti- cles of the projedled decree, which were as follow : — (here foUov 6vc articles.) . ^ ■ , \ Art. VI. *' The decree concerning the fequeftration of the property of the fubjeAs of the powers at war with the Republic is annulled. Such fums as have been paid by French citizens into the treafury in con* fequence of thofe decrees, will be reimburfed." This article occa> fioned fome debate. Gaflon was againd it. Cambon obferved, that the law of fequeftration was extorted from tlie convention by the faction of Fabre d'Eglantine and Danton, but ought you to re- turn the property of the Spanifh to the defpot of Madrid ? Thiriot agreed with Cambon. Colombel defired the aflembly to aonn' only the fequedration of the fums due for commercial relations. lUmel Ihewed that the law of fequeftration had been urged by the foreigners themfelves and ftockjobbers, that it had prepared the ruin of commerce, and broken off"., againft the right of nations, the obligations ofmerchanti in differentiates ; though the powers at war with the Republic fliould not repeal the fequeftration of French property, it is our duty to fet the example. The fixth article was maintained as reported." I have thought it not ufelefs to give a brief ^etch of this very in- terefling proceeding in the French convention ; becaufe it not only 30 J J ■1 ; I ■i,::::j «»>. :.\: M VINDICATION OF Mr. JAY's TREATY, eftabllfhes what I' contend to be the law of nations, but expofes thd^ iujury and injufUce of departing from this part of it even in the midfl> ^f die moft violent war. . And it ought to be remarked to the honor of our country, that during the courfe of our revolution, hotMrithi- fianding the warm refentments it called forth, we never attempted to annul the BritiHi debt^, but finally agreed to the 4th article of the treaty of peace, •• That creditors on either fide fhould meet with no lawful impediment to the recovery of all bona fide debts heretofore' contrafted." So aMb in the Amfterdam and AntA ing the manufa^uring and mechanic arts : but to iinfwer thefe ends* requires an unceafing fupply of capital, or credit, which in moft cafes is its eligible fubftitute. In ihort, there are no people upon earth who have fo many inducements as the United States, to declare un- equivocally to the world, that the claims of their creditors (hall al- ways be deemed facred in peace and in war. After taking fuch a full view of the fubjeA, we cannot withhold our aftonifhment that Mr. Burr, and Mr. Tazewell, Oiould each of them, in the fenate, by formal propoHtions of amendment, finglc out this article, among others, as a proper objeA for cenfure and repeal. There is one more obje£lion to this article, which merits feme at- tention for its (ingularity ; and becaufe it places in a ftrong light, the extreme jealoufy or predetermination to condemn, with which every part of the treaty has been read. It is apprehended or rather pre- tended to be, that the king of Great Britain will engrofs all the (h^res of our feveral American banks, and thereby obtain the entire controul of them and fill them with Britifli direAors. It is juft as rational to fuppofe that he will buy up all our goods and chattels, and thereby put a total (lop to agriculture and manufactures. If the king of Great Britain is difpofed to expend his money for the difturbance of our government, there are much more cffedlive methods of dmng it than by the indircd means of our banks. Such an apprehention is ridiculous in the extreme, and cannot furely impofe on the moft ere* dulous mind, efpecially when it is known that the feveral bank charters exprefsly provide that all the direSors Jhall he 'ArtKncan citi- %eniy and that no ftockholder (hall be entitled- to vote for a direftor unlefs he either attenAs in perfon or rffitles within the United Stites. We have now finiflied an examination of the firft ten articles of the treaty, and which form the permanent part ; for the commercial articles which follow being of more difficult adjuftment, and their ef* feft not being fo eafily afcertained by theory as experience, were wifely limited to a ftrort period. It has often been aflccd, and with an air of confcious triumph, what fingle equivalent have we got for fo many and great conceffiohs on our part ? Let us review for a nn)- mcnt the pjound we have gone over, and fee if an anfwer cannot be given which will fatisfy all the real friends to the intereft of our country. We have gained all the Weftern pofts without bloodflied— we have obtained a promife of complete indemnity for all unlawful fpoliations on our trade, as loon as an impartial tribunal (hall have afcertained Ibe amour/ of our loffes — we have obtained a liberal and periMment J ^ : ^i ; if , ;'■■,)• I. •■• . :l::l .Ml H mm . •■■m^ t2 VINDICATION OF Mr. JAY's TREATY, commerce between our frontiers and the whole frontier of the Britilk provinceb in America, and we have by thefe means removed the principal fources of national complaint againft Great Britain, and fecured to our country the continuance of the bleflings of Peace. And what have we conceded on our part i We have promifed to pay fuch loiTes only as Britifh creditors have fuffered in their debts, by occafion of legal impediments in this country, as foon as an impartial tribunal (hall have alcertained tlie amount of fuch lofles, and to pay for fuch BritiHi veffels only as we have fuffered, without ufing the means'" in our power to prevent it, to be captured within our territory, contrary to the law of nations. And we have alfo allowed a liberal and permanent commerce between Canada and our interior poifefTions. Thefe are the material parts of the permanent treaty, and it appears that both nations have conceded, in thofe inttances, what, in juftice and equity, they ought to have done, and to have manifefted a mu- tual difpofition to forge pad animofity, and to live upon friendly terms hereafter. CURTIUS. NUMBER VII. i--:X Si IN examining the commercial part of the treaty, we are not t» enquire, as we have heretofore done, into matter of ftri 5 BY CURTIUS. 8S out of )(l un- je pub- work, oured, lonif.Sy from opean Den- ihough thofe beea cntury paft, for a pertinacious adherence to the monopoly fydein, and it Jias become one of the rivetted maxims of her policy, to regard the exclufive enjoyment of her colony trade, as an eiTential nurfery of Teamen, and a conftant fupport of her naval power. So late as the year 1783, Lord Sheffield gave his fandlion to this ancient doctrine, and faid, that it would be impolitic in Great Britain to admit Ame- rican veflels into the Britifli Weft India iflands, and we fee with what great allowance we ought to compare the privileges conceded in this article, with the theory of an unlimited commerce. The French convention, during their prefent revolution, have recognifed and adopted the Englifli policy. This appears from the eloquent report of Barrere, upon their navigation ail, which is in- tended for perpetuity, and is declared to be the bafis of their policy and commerce. The a6t ordains, that no commodities fhall be im- ported into France, but in French veflels, or in thofe of the country which produced the commodity ; and that foreign veflels ftiall not tranfport from one French port to another, any commodities of the growth or manufaftures of France or her colonies. — And, notwith- ftanding the neceflities of the war may have induced the French to a temporary departure from this aft, we may be aflured, the principles advanced in the report, are too generally and powerfully felt, not to induce them to adhere to it on the return of peace, as the fure bafis of their maritime ftrengtb. " The prohibitions of a navigation aft," fays Barrere, " ftiould be as extenfive as they could be made, for without them it would be a mere illufory meafure. The Englifli," continues he, ** from whom we borrow this fyftem, have given it that extenfion, and, indeed, they are to be applauded for it." When we confider the value that is attached to the carrying trade, in the opinion of the European nations, we have no realbn to be dif^ appointed that Mr. Jay could not get accefs to the Britifli Iflands Cii better terms. It was to have been wiflied that he could have got the admiflion of veflels of any burden into this trade, but this was un doubtedly beyond his power. While Great Britain confented to ad- mit us to trade to her iflands in our own bottoms, we may be aflured flie was determined to do it in fuch a manner as not materially v.- ?ffeft her carrying trade, the fource of her fecurity and greatnefs. This muft have been the reafon with her for reftrifting our veflels to 70 tons and under (and indeed it is underftood that die treaty was kept open for fbme time on the part of Mr. Jay, while he was endeavour- ing to extend this claufe) and from carrying any melafles,fugar, coffee, or cotton, either from her iflands or theU. States, in veflels of the United States, to any where but this country. It will be aflced why Great Britain ftiould wifli to reftrain us from carrying any of thefe articles to Europe, provided they are not the growth of her iflands ? the an- fwer is, that nothing fliort of a total prohibition, would in her opinion* effeftually fecure her carrying trade, fince her own and foreign fugar or coffee would not eafily be diftinguiflied, and any modification would have opened a wide door to elude the whole Lnt«at of the refiraiot, t If J J VINDICATION OF Mr. JAY's TREATY, '•.■4«4l r ■•1! ■| ' ill Mwukl have rendered the ^vhole piohibition, to ule the words of Barrere^ a mere Ulufory meafure. It is not my intention to vindicate either the juftnefs or liberality of this policy on the part of Great Britain. It is fufilcieut to fay .that it appears to have been her iafitxiblepolicy, and to which (lie thought herfelf bound in duty to adhere. The only queftion is, whe- (ther there was any reafonable profpedt at prefent of our obtaining 'better terms ; and, if not, whether it was not ujion the whole /or our intereft to accept of the trade upon thofe terms ? This nuy yet JK i doabtfiU point, though I acknowledge a confiderable objedlion •tia the ,iath article as it now (lands, that is, the prohibition to carry -mekf&s, fugar, cotton, &c. to Europe, is fo general as to include '.thofe articles even of our own produdion. This prohibition, witli •refpeA to coffee and fugar in particular, it is &id( would be very in- xonvenient to v& during the prefent war, though. in time of peace it .'would te of no confequence. — ^The 1 2th article does not prohibit us from 'exporting any of thole articles from the other Weft India illands to any part of the world. We are only reftrifted from exporting thera from the Britiih Weft India iftands (except to the United States) rin order to prelerve to the Englifh their carrying trade, and from the United States in order to preferve the other reftraint from evadon. It ought not to be forgotten that this article was limitted to two years from the conclufion of the prefent war, and then the contradt- ■isg parties were to endeavour to regulate this trade, with a view to their mutual advantage, and the extenfion of commerce ; and, if they 'fliouM not agree on new arrangements, all the articles, except the firft ten, were to fall to the ground. At the end of the two years, , we fhould moft probably have entered on the negociation with much lefs difficulty than at prefent. — The Btitifli Weft-Indies ftipuld;have rbeen for fcwne time accuftomed to the benefits of our trade, and have •got into the habit of placing their dependence as well as their aifec- -tions upon it ; while the mother country would have been a little •familiarifed to our trade with her colonies, and her jeiilounes and .'.prejudices would probably have greatly dimintflied witii -regard to it. We (hould have renewed the difcuffion witli all thofe advantages I'Which we now want, and the chance is, that the intercourfe would knot only have been continued, but been attended with a favourable .enlargement. And if eventually the necgociation fliould have failed, -and left only the ten firft articles of the treaty remaining, yet thofe articles, as we noticed in the laft number, are well worthy of the jnillion, fince they reftore tranquillity and juftice to our country. The 1 3th article of the treaty relates to our commerce with the •Britiih Eaft-Indies, and all the advantages which are conceded to -us by this article, are without the fmalleft pretended equivalent on our part. The privileges of this article are not denied by thofe who have been moft diftinguifhed for their indifcriminate condemnation of ;the whole treaty. Deem complains, however, that our commerce .was on a better footing before, by the mere permiffion of the Britifli jjovernment. It is fufficient to obferve in anfwcr to this, that the BY CURTIUS. «5 itry. nth the ceded to lent en liofe who lation of bmmerce Britilh Ithat th5 fame permiflion can dill be continued : there is nothing in this article which prohibits the India coafHng trade. It would have been unne- ceflary, for fuch prohibition exilted before. The article barely de- clares, that none of its privileges (hall be condrued to extend to the coaifting trade. In other refpefts it leaves that trade juft as it found it, under the precarious pleafure of the Britifh government. But prior to this article, our whole intercourfe with Britiih £a(l-India was a matter of favour, and furely it is a very important confidera- tion that we can now claim it as a matter of right. Mr. Jefferfon, in his report on the pri\ileges and reftri(^ions of our commerce in fo- reign countriA, feems to have thought very differently from DeciuSf on the fubjedt of a precarious trade. He confidered a commerce de- pending on the foie difcretion of a foreign power, as a real inconve- nience. •• The difad vantage (he obfenes) of a tenure which may be fuddenly difcontinued, was experienced by our merchants on a late occafion. The embarrafTments of the moment were grccit, and the poflibility of their renewal lays our commerce to England under a fpecies of difcouragement. The dirtinftion 's too remarkable not to be noticed, that our navigation is excluded from the (ecurity of fixed laws, while tliat fecurity is given to the navigation of others." Thefe remarks of Mr. Jefferfon are folid ; and they out-weigh a thoufand town-meeting refolves. Without this treaty our trade to every Briti/h port can be inter didled by a nod of the Briti/b executive. But by this treaty, our commerce to England and the Eaft Indies, which now rells on the will of the minittry or the colonial govern- ment, is placed on the footing of permanent right. Intliis refpeft, we gain an immenfe advantage — an advantage that we do not enjoy to the fame extent, with any other nation upon earth. The commercial conceflions on the part of Great Br'rain, which we have been juft reviewing, are not only equal, but fuperior to thofe which are to be met with in the commercial treaties between her and other powers, for more than ?. century pad. The treaty between Great Britain and Spain, in 1 667, and wliich for its advantages in matiers of trade, was confirmed in 17 13, takes fpecial care to limit the commerce of the two nations to the territories, provinces and iflands, to erpe- tuhyor their monopoly. On the other hand, Great Britain, bythtf' ij&i irticle of the prefent treaty, gives us a free and liberal admif- fion nto all her territories in the Eaft Indies ; an immenfe country, wiiich contains more than 20 millions of inhabitants, is guarded by any ■•'•my of above 70,000 men — and yields an annual revenue of n:P' c th m eight millions fterling. And the only reftriftion to which we hhid ourlelves, in return, is not to carry her Eaft India commo- dities to any country but America, where they Ihall be unladen — a redridlion which Britain could very reafonably aik as afecurity to her carrying trade. I cannot but conclude, that eveiy reafonable man will fee, in this article, feme evidence of a fpirit of accommodation on the part of Great Britain, and much proof of influence and ability in our ne- gociator. CURTIUS. 1 NUMBER VIIL Article 14. THIS article admits Ameiicns t > a free trade to the Britift dominions in Europe, and Britilh fubjedls to the fame free trade in the Unit&d States. One would think that this aruck was fo reciprocal as to sdmit of no ground of cenfure. But even this article has not given us an equivalent in the opinion of fome men, who contend, that as Britifli vefTels are excluded from no port in the United States, fo Americao yeffels ought to be excluded from no port in the Britijh territories. Deciusi&ysy " we can only go to a fmall part of the Britiih domi- nions, viz. to thofe in Europe ;" and he fhould have added, vre are admitted there only by proclamation from year to year. BY CURTIUS. »7 But does Dec'tus value a commercial country by its geographical di- menlions \ Do thefe conftitute the greatnefs or Imallnefs of commer- cial privileges i This certainly is a new doctrine ; and the chicanery of fuch infinuations, deferves reprobation by every honeft man. No matter what is the fize of Great Britain — admit that it does not comprehend more land than the ftate of New- York, has, in a re- publican humour, fold to an individual : this is nothing to the point. The trade of that fpot of earth, is at lead double, not to fay treble, the trade of the United States. — By admitting American citizens to a free participation of this commerces we have more than an equiva- lent for a free admifBon of Britifh vefTels into all the ports of the Uni- ted States. The reflexion of Decius, that our " envoy has, in this place, brought the principles of inequality into confpicuous adlion, as if anxious to circumfcribe our commerce, and that he lofes no oppor- tunity of impofing reflri? 88 VINDICATION OF Mr. JAY's TREATY, ferving to Great Britain the right of impofing duties on our tonnage, equal to what we impofe on BritiHi tonnage in our ports, concedes nothing bur what Great Britain now enjoys ; that is, the right of treating our trade as we treat her's. And the agreement in the laft clauTe, that the United States will not, for a cenain period, increafc the duties on Britifh tonnage, as a reilridlion that cannot injure our trade. • ' iv . Indeed no obje(flion Teems to be made to this article, except that it binds the United States to treat Great Britain as well as we treat other nations. This, with men of party fpirit, who fuffer tlieir paflions to lead their opinions, is a mod unpardonable crime. I truft, however, that the government of America will regulate its meafures, even towards Great Britain, with juftics and impar- tiality. I am perfuaded it is not only mofl honourable, but mod expedient ; and that juflice and a fpirit of accommodation will pro- cure more advantages than a revengeful, retaliating, hofUle difpoli- tion. The 1 6th, reipeding confuls, is probably not objedlionable. Article 17. This is one of the articles which has excited the mod violent cla- mours. Indeed we cannot but obferve, that fuch articles as may affed the French, are reprobated with more warmth than thofe which affeA folely the interefts of the United States. It would feem by the zeal difcovered on this occaiion, that this treaty ought iirll to have confulted the wants and wifhes of France ; and the inteiefts of the United States ought to have been only a fecondary condderation. There is certainly a precept of high authority, " that we (hould love our neighbour as ourfelves ;" but I know of no rule that requires one nation to love another better than itfelf. I am difpofed to treat the French nation with the utmoft impar- tiality, juftice and friendfhip ; and in our ccmpads with their ene- mies, we ought to make no facrifices of their interert, and yield no points to their enemies, which the neceffity of the c«fc, and th° ef- fential intereits of our own country do not require. By this maxim let the articles which may atFeft France be fairly examined. The great objeftion to the 17th article, is, that it " has (blemnjy relinquifhed a point, which, to us, was of more value than the amount of all the depredations on our trade, the fums due to us for negroes, and lofles l«y detention of our polls." Now, what is the point re- linquifhed ? The anfwer is, nothing which was our ov/n ; nothing which we could command : nothing which the Britifli nation did not enjoy before. The article ftipulates, that veiTels captured on fufpicion of having enemies property on board, or of carrying contraband articles to an enemy, ihall be brought inio the nearell or moli: convenient port, and if any property of an enemy is found on board, tha: part only which belongs to the enemy fhall be made prize. This is faid to be a re- BY CURTIUS. 89 linquifhment of an important point on our part. This is a grofs mif- reprefentation. Relinquilhment implies an abandonment of fomething poflefTed. If we never had a right to prevent the capture of our veflels, on fufpicion of having enemies property on board, and to prevent the feizure of that property, then we have not relinquifhed it. But that right, with relpedt to nations not in treaty with us, we never poflef- fed ; we, therefore, have yielded nothing that we before enjoyed. By the law of nations, any neutral veflel may be (lopped and Searched, and any property of an enemy found on board may be feized. This law cannot be altered but by confent of the contraA- ing parties. Great Britain has that right confcfTedly, and flie will not, at prefent, confent to relinquiih it. She will exercife tliat right — (he does exercife it — and where is the power to compel her to abandon it ? — fVe have no fuch power, nor is there a power on earth that has a right to demand it, or authority to enforce fuch a demand. If that is ever furrendered, it mud be by voluntary con- fent. This being the true (late of things, what has the article of the treaty (lipulatcd ? Obferve the trade. It is not faid the property of an enemy may be taken — but, taking the right for granted, it (ays, the enemy* t property ^ only^Jball be made prize. The article further ftipulates, and this was obvioudy the main puT'* pofe of inferting it in the treaty, that the veiTel (hall be (tifFered to proceed with the reft of her cargo, without impediment — ^that there (hall be no delay in deciding on fuch cafes, and in the payment or recovery of indemnification by the owners or by the mailer of the- ve(rels. In (hort, the whole amount of the article is, that the pr* >ice of flopping and examining (hips for enemy's property — a pra^ice au- thorifcd by the law of nations — a praiftice which Great Britain will not re(ign, and which we cannot perfuade or compel her to re- (ign — that this practice (hall be rendered as little inconvenient to our trade as podible. The article was intended to reftrain, as far as poflible, the abufes of this practice by licentious privateers. There are many men, who, without any rule of condufl prefcrib- ed to them, would behave with unbounded licentioufnefs ; but if a national compaft is before their eyes, they will refpedl the rules pre- fcribed. So far, therefore, as the article goes, it can do no harm ; but it may, and often will, do good. But to exhibit this thing in dill ftronger light, I will give the whole of Mr. JefFerfon's letter on the fubje<5t. It is an anfwer to a remon- llrance from Mr. Genet to the prelident, refpedting the feizure of French property on board of American vefTels, dated July 9, 1793. It is the very point in queftion, and as the reafoning of Mr. Je(Ferfon is, in the prefent cafe, unanfwerable, it is proper the public (hould have the letter entire. e ■25. Hi' J: ! !■ ,90 VINDICATION OF Mr. JAY's TREATY, ■■» • .,,. .l..-,J.v "i*. C'l I'.i.ri :., Philadelphia, July 24th, 1793. JUr. Jtfftrjony Secretary of State^ to Mr. Getut, Minifter PUnipoteH» tiarj of Frame. Sir, ., ■ ■■"' ' • ' '-■'' ■■ ' •- • • ' - YOUR favour of the 9th inll. covered the information of Silvat Ducamp, Pierre Neuvcl, Chouquet de Savarence, Gafton de No- gere, and G. Beauili r, that being on their pafTage from Uie French Weft Indies to the United States, with flaves and merchandife of their property, tlit^fo veffels were ftopped by BritiOi armed veflels, and their property taken out as lawfiil prize. I believe it cannot be doubted, but that by the general law of na- tions, the goods of a friend found in the veffels of an enemy, are free, and the goods nf an enemy, found in the vefTel of a friend, are law- ful prize. Upon this principle, I prefume, the Britifh armed vef- fels have taken the property of French citizens found in our veflels, in the cafes above mentioned, and I confefs I fliould be at a lofs on what principle to reclaim it. It is true, that fundry nations, dcfirous of avoiding the inconvenience of having their veflels ftopped at fea, ran- facked, carried into port, detained, under pretence of having enemy's goodi. on board, have, in many inftances, introduced by their fpecial treaties, another principle between them, that enemy bottoms fliallmake enemy goods, and friend'y 'oottoms friendly goods ; a principle much Icfs embarrafltng to cotturict ce, and equal to all parties in point of gain ,and lofs ; but this is altof; -;ther the effeft of particular treaty, controul- ing, in fpeciid Cfefcs, the general principle of the law of nations, and therefore takuig effeA between fuch nations only as have fo agreed to controul it. England has generdly determined to adhere to the rigorous principle, having, in no inftance, as far as I recoll;:£t, agreed to modification of letting the property of the goods follow riiat of the vefTel, except in the fingle one of her treaty with France. We have adopted this modification in our treaties with France, the United Netherlands, and Pruflia ; and therefore, as to them, our vef- fels cover the goods of their enemies, and we lofe our goods when in the veflTels of their enemies. Accordingly, you will be pleafed to recoUedl, that in the late cafe of Holland and Mackie, citizens of the United States, vfho had laden a cargo of flour on board a Britifli veffel, which was taken by the Jfrench frigate Ambufcade, an**, brought into this port ; when I reclaimed the cargo, it was only on the ground that they were ignorant of the declaration of war when it was fhipped. You obferved, however, that the 14th article of our treaty had provided, that ignorance fhould not be pleaded beyond two months after the declaration of war, which term had elapfed, in this cafe, by fome few days ; and finding that to be the truth, though their real igporance was equally true, I declined the reclamation, as it neTcr BY CURTIUS. 9* our It. e .vn; vas in my view to reclaim the cargo, nor in yours to offer to reftore it, by queftioning the rule eftablifhed in our treaty, tliat enemy hot* toms make enemy goods. With England, Spain, Portugal and Auf- tria, we have no treaties ; therefore we have nothing to oppofe to their adling according to the general law of nations, that enemy goods are lawful prize, though found in the bottoms of a friend. Nor do I fee that Franc6 can fuffer, on the whole, for though fhe lofes her goods in our veflels, when found therein by England, Spain, Portu- gal or Auftria, yet (he gains our goods when found in the veflTels of England, Spain, Portugal, Audria, the United Netherlands, or Pruffia ; and I believe I may fafely affirm, that we have more ' nds afloat in the veflels of thefe nx nations, than France has afloar veiTels, and confequently, that France is the gainer, and we ' by the principle of our treaty ; indeed we are lofers in ever) of that principle ; for when it works in our favour, it is to ' goods of our friends ; when it works againft us, it is to lo^" oi. and we (hall continue to lofe, while the rule is only pa. dally eila- bliHied. When we ffiall have eftablifhed it with all nations, we fliall be in a condition neither to gain nor lofe, but ffiall be Icfs expofed to vexatious fearches at fea. To this condition we are endeavouring to advance ; but as it depends on the will of other nations, as well as our own, we can only obtain it when they ffiall be ready to concur. I cannot, therefore, but flatter myfelf, that on revifing the cafes of Ducamp and others, you will perceive, that their lofles refult from the ftate of war, which has permitted their enemies to take their goods, though found in our veffels, and confequently, from circura- fiances over which we have no controul. The rudenefs to their perfons pracftifcd by their enemies, is cer« tainly not favourable to the charaifter of the latter. We feel for it as much as for the extenfion of it to our own citizens, their compa- nions, and find in it a motive for requiring meafures to be takea, which may prevent repetitions of it. I have the honour to be, &c. "• Th. JEFFERSON; .:.l«' I •n .,1 I beg the reader to note the following claufe of the foregoing letter t ** To this condition, we are endeavouring to advance ; but as it de- pends on the ill of oiksr- nations, as well as our own, we can only obtain it, when they ffiall be ready to concur." I will clofe with remarking, that by our treaty with France, it is exprefsly ttipulatcd, that free fliips ftiould make free goods. The convention, however, in 1 793, ordered veffels, laden with proviGons, to be carried into tlieir ports, in violation of that treaty. They af. terwards revoked the decree with refped to American veflels. They afterwards extetfded the decree to American veflels, in defiance of ■ (he treatyt A few months ago, they relented, confeflied they had , ^^ IMAGE EVALUATION TEST TARGET (MT-3) 1.0 L£12.8 12.5 ■ 2.2 I.I ■ 4.0 11.25 m U 11.6 Hiotographic Sciences Corporation 23 WIST MAIN STREET WEBSTER, N.Y. 14SS0 (716)873-4503 O^ ^ 9t VINDICATION OF Mr. JAY's TREATY, I .i',* .1 ,ii, 'I ill-treated their allies, and annulled the decree a fecond time.' Ar Ibtement of thefe fadts was made by the Prefident to Congrefs, Dec. 5, 1 793. See his addrefs of that date, prefixed to the correfpond- eoce between Mr. JefFerfon and Mr. Hammond. Such unfteadinefs in public meafures operates peculiarly to the prejudice of trade. The merchant, if he knows enemy's property is liable to feizure, may avoid rifle, by declining to take it on board. But, when a nation is changing its regulations on this head, the mer- chant is expofed to vexations, without the power of avoiding the cviL CURTIUS. NUMBER IX. Article 18. THIS is one of the articles in the treaty, which gives great offence. The objeAions to it are — «• That it enumerates among contraband goods, timber for (hip building, tar and rozin,' copper in flieets, fails, hemp and cordage, and generally whatever may ferve dire^y to the equipnoent of vefTels, unwrought iron and fir planks only excepted ; an'd that it admits provifions, in certaitf cafes, to be contraband," contrary to all our other treaties, and even contrary to the treaty of 1 786, between Great Britain and France. I frankly acknowledge that no part of the treaty is more vulnera- ble than this : no part can fiimifh more fubftantial grounds of com- pliant. This article proceeds from a ftridl adherence, on the part of Great Britain, to every part of the law of nations, which favours her fupe- riority as a great maritime power ; and its defence refts on the ina- bility of our envoy to procure a relaxation of thofe laws. The time for negociating this article was unfavourable, as in moft other refpeAs it was favourable. Great Britsun, always anxious to prefer ''e her naval ftrength, the great and only bulwark of the na- tion, is now engaged in a moft inveterate war with France, a war on which her very exigence depends, and at this time, will not yield one claufe of the law of nations, to abridge her own power of cnp> pling the naval force of her enemy. This is a fixed point ; and our envoy could only admit the article in that form. There were but two alterations ; both of which would refult ih the fatpe confequences to our trade. This idea is an important one. If dte article had been rejefted by our minifter. Great Britain has^ and adVually exerclfest the right by the general laws of nation:., to con- (ider all thofe articles contraband, and to declare them fuch, when ihe judges that by thefe means {he can reduce her enemy. If the' article was received, it could give no greater latitude to Great Bri- tain than Hie enjoyed before. Whichever alternative our envoy m ;tTi^3fS'l BY CUR.TIU3; 9f mi^t dioofe^ oar trade muft be Tubjed to the exercife of the fame right and to the fame embarraflments. If the right of treating all the artides mentioned as contraband, refuks frohi die law of nations, and if Great Britain will sot aban- don that rig^, a it not better, in a treaty of a temporary nature, to accede t» the rie^ and enumerate the articles whnch are liable to feizare arid oonfifottion, that our merchants may know the taw, and avoid lofles, than to fufFer that right to ftand on the law of nations, which i» idk Itiaown, and wbkh might expofe oar dtizeas to heavy lofles? ' £very liberal man rauft wifli to fee the field of confiicauons in wat narrowed as much as poifibk : bat, if we cannot drcoraicribe that field, is it not of neat imporunce to cor citizens^ to mark out the ^trand with dilBna Knes, that every man may (fiftinguiih it and fllun ■he dfltnger i Eviry rational perfoo will fay, kits nd this is die effedl of this iirdde m the treaty. I know it has been contended, that timber andproviiions are not^ by the kw of nadons, contraband. But Vattd, a modem French writer, of the higheft anthority, indodes them among contraband goods. His words are^ ** Commoctides pardcularly ufed in war, and the importation of which to an enemy is prohifabed, are called contnAand goods. Sachare arms, military and naval ftores, dmber, kories, and even provilions, in certun jun^tes, when there as» hopes of reducing the enemy t^ fiunine." Book 3. ch^ 7, S^ 112. The words, naval ftores, indudes cordage, hemp, tar, rozin, and ev^y thing that ferves for the equimnent of (hips of war. In the treaty of 1 786, Great Britain and France had excepted naval ftores and provisions (com th« lift of contraband articles. That treaty is annulled by die preient war ; and to a numerous coHedion of treaticn now before me, I find no inftance of an enumeration of naval ftores^ as excepted from contraband, by Gneat Britairi^' But naval ftores are generally left, by that nadon, as contraband by the general law elf nadons. The ri^t to coofider them fb, can be d)ridge:l only by treaty ; and Great Britain, at thb moment, will confin^t to no iiictt abridgment. > Some people fay, it is bettet to let this point reft on the hw of naii dons, than to admit it in a treaty. This' is merely a matter of eid pedience ; but iT the fafety of die merchants' property is confulted, it is, unqueftionably, better to have the contraband ardcles enn^' merated. * The ftipuladons in the 2d and 3d claufe, of the 1 8ih article, are in fevour of neutral veftels. The agreement, that when proviHons are regarded as contraband, they (hall be paid for to their full value, with a ..lercandle profit, freight and demurrage, is a rule of dircdtion to the captors, that may prove favourable to a neutral trade, fubjefl to be embarrafTed by powers at war. And the provifion of the laft claufe, that neutral vefTels entering a blockaded port, not knowing N il:. ;■ 1 ■■ I- ■ m:- i-i (: y # VINDICATION OF Mr. JAY's TREATY, it to be blockaded, (hall not be feized and confifcated for the firit attempt, is equally falutary and favourable. Article 19* This article provides againft the ill uTage ivhich the fubjefis of neutral powers are liable to receive from the commanders of (hips of war and privateers. This article is common in treatie»-*~it.is in nearly the fame words* as in all our other treaties with foreign nations. But it will be of much more ufe between Great Britain and Ame- rica, as it will operate as a prohibition agsunft impreifing American feamen on bokrd of Englifh mips. It has been objeAed to the treaty, that no proviiion of this kind is included in it } but the 19th article u a direft prohibition of this pra£ti— B. 2. ch. 6. « I account afTociates of an enemy, thofe who afiift him in his war without being obliged to it by treaty." — B. 3, ch. 6. A nadon is not accountable for every ad of an, individual citizen ; but if a ftate or nadon openly permits the cidzens to take part with m i' it \ I,' -^ ' '■.' 'V. ' ■ 1 'i'i ': 2 I: ■i^ [( . t ■ '.'■ . i : 1 c. I ; ; ■• ! 96 VINDICATION OF M«. JAY»s TREATY, t: li '*.» I ''.-I "If the enemies of a third nation, that third nation has a right to coniider that ftate as making a common cade with its enemies, and to declare war againft it of courfe. The peace of neutral nations depends on the prohibitions of this article of the treaty. It has been objected to this article, that it is unconftitutional, as h creates the crime of piracy* when the power of defining pifaf^Hs vefted in Congrefs. But the aSt of Congrefs before mentioned, ad- mits the right of the Preildent and Senate to define |nracy ia treaties; as the 9th feiSion enaAs, ** diat nothing in the a£k (hall be conftroed to prevent the profecution or punifliment of treafon, or a ^aey de- fined by a treaty^ or other law of the United States." Nothing marks the partiality of a certain fii&ion more difHnAiy than their obje^ons to this article. We have had a fimilar article in our treaty with France more than feventeen years : and in our treaties with Sweden, Pniffiaf and the States General, more than ten years, and not a fyllable of obje6ion was lii^>ed agsdnft the prin- ciple. People did not generally know that foch an article eziiied. But the moment our government treats Great Britain with the iame meafure of juftice, as we had before obierved towso'ds other- na- tions, our Jacobins begin to clamour. It is this popiilar partiality for France ; this di^fition to &vour every thing French, at the expence of every j»inciple of juftice and equity, which occaJlons all the difficulty our executive has encoun- tered in preferving our peace, and in accommodating our difiiarences with Great Britain. Nay more \. this partiality difplayed on all oc- cafionsi and to a degree highly improper for a neutral nation, has been a principal caufe of the abufive treatment our feamen have re- ceived from Britifh privateers. It is agreed on all hands, that our intereil as a nation is fuper-emi- Bently concerned in preferving peace. But how can peace be (ecared unlefs we treat the powers at war with impartiality and jultice ? Vat- tel obferves, *' A neutral nation, defirous fafely to enjoy the conve- niences of thatilate, is, in all things, to fliew an exafl impartiality between the parties at war ; for ihould one nation finrour another to its detriment, that nation camiot complain if the other treats it as an adherent and.confederate of his enemy." Our people have indeed a fine qmlogy for fhewing a preference to France ; that of favouring liberty and republicani£n. So far as the French fight fbr national independence, 9,gwi& the combined powers, they are engaged in a juft and necefTary war, and the wiflies of all A- roericans muft be with them. But people who think France has a i>e- publican government, m any other free government, are egregioully mifiaken. Nor is there as great aprofpe(5t of her eftablifluog a re- public, as there is that (he is doomed to de^tifra, or to be IpUt kvto a multitude of fmall fadious democracies, perpetually at war with each other. People are, therefore, in every view, unjuAifiabie in aiding any of the powers at war, in a manner sot warranted by the laws of neu- trality. As we value mt own government, and the profpertty of the - ■:--/-■■ ■' f ■■-, ■:: ■' , ,.' \ -■ ^^ -- ■-, - ^."'Ji ! /. .HAiit BY CURTIU8. ■/*■!• I Sf country) im are to avoid every aA which can comink a breach on our public peace. It is raihneft aad aaadnefs to combine oar iatereft with any European power in fiich a manner, as to be drawn into their political contentions. The pretence of aiding the Mu/lt c/Merty is a . mere aitifice to catch our pamons. If tiie nations «f Carope cannot defend their liberties, we cannot be anfweraUe fat their ill fucceG. We aid them beft by our peace and our induftry. The zzd article of the treaty stipulates, that in cafe of intuiies or * damage on one fide or the odier, neither jiarty wiH authorifc repn- fals, until a ftatement of the fame, veriBed by proof, fhaB be prc- fented to the other, and fatisfadtion demanded. This ftipulation is in cxaA conformity with the law of nations, and is fuppoited by i-priaciplet of policy and jufHce. The proviuons in the a 3d article are wdl adapted to advance the intendoos of the contracting parties, and are rec^rocally beneficial. The permifEon of American veflels to enter prohibited ports in cafe of diftrefs, is aconceflion conformable to the laws of hofpitality. The objection to the claufe which enjoins a refpeA to be paid to officers according to their commiffions, can be raifed only by men who are deftitute of the civility, which enjoins that refpeA. The 24th article prohibits foreign privateers with commiffions, from a prince or (late in enmity with either nation« to arm or fall prizes in the ports of the parties. The 95th article mstkes it lawful for the (hips of war and privateers of either party to enter the ports of the other, without being liable to be fearcbed, feized, or detained, or to pay admiralty £ssai ; Thele ftipulations are alfo in our treaty widi France; and Qo well grounded objeAion has been made to them. Some fiiperfieial people hawe fapj^ed that they clafli witb our treaty with France. But there is an exprefs declaration that thefe flipulations flull not be conflrued to operate contrary to fonner exifting treaties. And if no fuch caution had been taken, the treaty with Great Britain (;ould not have operated to tiie j>r^udice of France : for it is an lex- prefs law of nations, " That a lovereign (or fiate) already hovcad by a treaty, cannot make others contrary to the £rft. The things about which he has entered into engagements, are no longer at his difpofal. *' If it happens that a pofterior treaty is found, in fomc point, to contradidt one that is more ancient, the mew treaty umMivUh refptS to ihat fmnt—Thit relates to treaties with di&rent powers." Vat* tel, B. a. ch. la. fe&. 165. So far die fesu-s of people are totally groandlcfs. But ^e follow- ing dauie has excited acrimonious remarks. ** The two parties agroe, dtat while they continue in amity, neitiier of them will, ielu- tnre, make a treaty that (hall be incoofiftent with this and the |ve- ceding article." What can be the dbjedion to this claufe? The laws of nations, and the rules of moral Juftice, forbid a ftate to make fi fubfequent treaty to infringe a prior one. No nation can do it.-— *- ft s.^^ ^Y CURTIUS. .*'^/r . 99 In purfuance of this fyftem of defence* originated her biaTieation aAf in i66o» which reftrijls her trade to Britifh vefl*els, and manned moftly with Britifli fcamen. That a6t has been in operation from its firft paffing to the prefent day ; and to present temporary or local inconveniences, from a rigid execution, the parliament hare em- powered the kins and council to difpenfe with it on occaHon, aad open the ports of Great Britain, or her colonies, at fuch timet and to fuch nations, as neceifities may require. All the nations orEurope have laws refpeAing their trade, which opexute more or lefs to encourage their own commerce, and lay that of their ncighboura to their own dominions under reftriAions. A view of the privileges and reftri£Hons of commerce, was offered toCongrefs, Dec. i6, 1793, by Mr. JefTerfon, which, though not fufiiciently corredt or comprehenitve, throws much light on the iub* jed. Thefe general fafls will be fuificient for my purpole in this place. The admiffion of our vefTcls into the Britifh dominions in Europe refts now on an annual proclamation of the king and council. Al- though intere(f and expedience may operate to conunue the privilege of entering thofe ports at all times, and with veflels of any tmrtheny yet the tenure of die privilege is precarious. By the prefent treaty, this precarious privilege becomes a right, which cannot be abridged by the executive of the Englifli nation. This is an advantage ; and Mr. Jefferfon, in his Report, admits it to be fuch. It was an objection he urged againft our former (late of commerce to Great Britain, that it was precarious — ^That objedHon by the treaty is removed. With refpeA to her colonial pofleffions, Great Britain has obferved the jealous policy common to sill the nations of Europe. The (hips of all nations are excluded from her colonies, unlefs it may be a port in the Weft Indies, where the Spaniards are permitted to enter with logwood. In opening her W. Indies to American vefTels of 70 tons burthen, and her Eafl||f ndia ports to American veflTels of any burtliet*, /he has conceded a privilege, which fhe grants to no other nation <>'^ :3rth. The facrifice'of the carrying trade on the part of the United Jtates, to obtain admiffion into die Englifh Weft Indies, is deemed more than equivalent, and that ftipulation will fall to the ground. But the direA trade to the Britifti Eaft Indies, is generally admitted to be highly beneficial. ' Let us contraft thefe advantages in trade with thofe we enjoy with other nations. Our navigation to Spain and Portugal is free : but many of oor- exports are prohibited, as tobacco, and rice and whale oils to Portu- gal. The American trade however to Spain and Portugal is highly advantageous in a number of articles. But both thefe countries pro- hibit all intercourie mth their colonial pofleiHonst The ports of Sweden and Denmark are open, but the duties paid on moft of the American produdtions amount to a oroiibition. Our navigation to the United N^perlands is free ; but fome of the moft material articles of our couitry, as beef, pork ajpd bread-ftuff, I'M- ' -1 'J ( \u TOO VINDICATION OF Mn. JAY'i TREATY, ut profribited» ta well ai bj Gf eat Britain. We can have no inttiv* ctmrfe iwith their pofleffioM to the Eafl Indica. France* before the war, guaranteed to the United States, one or more free ports in Europe, and fuch ports in the Wcft«Indt£: as were- firee. In general, her Wed-Indies were open by an arret of the king. £t«n the eoafting trade in France was principidly ctfried on 1^ foreign veffek. The revolution has reniihly Taricd the whole fceoe of commcfce* NeceAty has oBCiied all French ports to neutral nations. But a navi- gluion z£t, fimilar to that of Great-Britaiii, was decreed* Sq>taDber 2, I76<|, to take place January i, 1794. This, with a long fpiritcA Import of Barrcrc, was traafmitted to Congreft, and publiflied by their order In February, 1794. This ad is fufpendcd only on account} of the necefEdet of France, her commerce being wholly dependantf on neutral bottoms. The moment this aA Hudl take jitcct we (hall bie «Qt off from all right to the trade of France, except what is gua- ranteed by treaty, that h* one or morejrte pvrtt / aad iuck privilcgeo « we ihaM be abfe to obtain by future ftipulationat ' Hie decree is in thefe words &— 1 'icr' i wn ACT of NAVIGATION of the FRENCH REPUBLIC, THE National Convention, after having heard the report of their oommittees of marine, of commerce, and of public fafety, confidering that the French nation has the incontefUble right of fecuring, by every method, the profperity of her agriculture, commerce and indnftry ; liiat nothing has a more direct tendency to this end than a navigation JA; and that, in the folemn declaration of this aA, fKp only makes dfe of the fame right which (he acknowledges to belong, to all other nations — ^Decrees as follows : Are. I. That no foreign commodidesy prodaAion8»|||lr nerdian- dife, fhail be in^rted Iwt directly by French vefieh, or thofe be- lon^i^ to the inhabitants of the country of which diey are the growth* produce or manu^ure, or to the inhabitants of the countrjr of the onKnary ports of (ale and iirft exportation ; the dlicers, and threis fourths of the crew, of a foreign veflel, being x^ the country whofe flag the vefTel bears ; the whole on pain of confifcatiou of the v«flel and cargo, and a Kne of 3060 livres, joindy and feverally againfl the owners, confignees, and agents of the vefTel and cargo, the cap- tain and lieutenant of die vefTeL ». That foreign vefTels fliall not transit from one French port to anothsr French port, any commodities, prodo^ons or merchan- difes of the aowth, produce, or manufaSure of France, the colo> dies orpoflemons cS France, under the penalues declared in art. x. 3. That after the loth of Augudnext, no v«fiel (hall be reputed French, nor enjoy the privil^s^of a French veflel, unle& fuch vefTel. (hall have been built in the colo«l||s or pofTeffions of Fnuice, or de- clared a good prize taken from an «iemy, or confifcated for contra- ji iih ''■ BY CURTIUa lot 'i. ' reation «f the kws of France» »ad uiUdfi the officer* and three- ibuitht of the crew arc Frflnchmen. On the whole, it U dcmonftrated, that no country oo earth yields more extenfive privileges to the American merchant, than Great Britain. It is alio equally dcmoailrable, that Great Briuin yields more privileges in her trade with the United States, than (he grants to any other nation. It has been objeAed to feveral articles of the treaty, that they are net ivdprocai, becaufe, from the circumftances of the two countriet, Britiih fabjeAs will be principally benefited. Thus the 9th and loth aMiclet arc faid to yield advantages to Great Britain, without an 3mvaUiUt becaufe her fubjeAs hold large traAs of land in the United tates, and have debu due them to a great amount : whereas, Ame- rican iubjedls hold little or no land, and have no debts or monies, io Great Britain. OtjeAions of this kind mud proceed from a peeviHi, captious, diA poiition. It may juft as well be objected, that we ihould have no trade with Great oritain at all, becaufe her exports to this country exceed her imports from it— or becaufe her dominions contain dou'> ble the number of people that are in the United Sutes. Nay, it may jaft as well be (aid that every man has not an eq^wl right to a high- way, becaufe fome ufe the highway ten times as much as others. In all conventions between fktes, ^n equality in principle eonJHtutu an 9quin)tdtHt. If an article of any treaty gives to both parties a right of doing the fame things, and under theiame advantages, that article is reciprocal, thou^ one of the parties never make ufe of the right. Thus in our treaty with France, we permit French armetl vefleli kakkvRg their prizes into the ports of tlie United States. The French, alio permit the American ydTels to carry their prizes into French ports. The French are in a condition to tiie the privilege, and do ufe it every day — ^Wc arc not at war, and do not ufe it : but, will any man iajH that article of the treaty is not mutual? Will any man deny that we have an equivalent for the right concedt-d to France ? Juft'fo with refpeift to our commerce with England or any other jkiwer. Suppofe a nation to have but a fingle port for ihipping and commerce, and the United States to have a thoufand. Each party agrees to open all their ports, and admit the other to a -free trade ; wHl it be denied that this is reciprocal > Certainly not. It is equa^ £ty m-4ie prineiplef not in the amount or extent of its' operation, -which coailitfttgs rgeiproeiiy. -rt If people are difpofed to cavil at inequalities o/conditicHt as well aa afprinciplef they may find as many caufes of dilcontent, in all otlicr treaties, as in this with ;Great Britain. TSie'tnith is, when oar other treaties ^ereformsd, Am«'icans had^coafidencein the conftituted autliorities of our country. They believed --men, who had made, commerce, treaties, and the laws of iiations, aftudy and matter of contemplation, were bed capable of iie|Qpi»tiog treaties, ^hey^tnifte^ to the men appoiotad ibr this pur- JP ': y :': D*' ■!(. k ici VINDICATION OF Mn. JAY'» TREATY, pofe. The great mafs of people are not competent to decide what iff or is not, for our public intcreds, in complicated negociations and national compacts ; and unlcfs they repofe confidence in public cha- raAcrt, we (hall forever be embroiled with faAions. iiilii & NUMBER XII. HAVING, In the preceding papers, anfwered fuch obJeAions to the treaty, as appear to have any weight, I will dole this vin« •dication, by addrefling to my fellow citizens, fome confiderations of a more general nature. It was the public opinion the lafl year, and it is an opinion ftill maintained among one defcription of Americans, that Great Britain has been fo humbled by France, that (he will confent to make great facrificcs for the purpofe of fecuring peace and commerce with this country. It is alio believeH. by many people, that the kingdom is upon the point of an internal revolution : and that, holding in our hands the power of fequeftrating the debts of her citizens, wc may command, at all times, peace and favourable treatment. All thefe opinions, though unquedionably erroneous, have con- tributed to raife the public expectation, rcfpeAing the fuccefs of the treaty, to an unwarrantable pitch. With refpciSt to the humble condition of Great Britain, where are the proofs ? That her land-forces were defeated and cut to pieces, the lad campaign, is undeniable ; and there is no queiUon that any combat by land, would be decided in favour of France. The num- bers, the difcipline, and the enthudafmofthe French forces on land render them irrefiftible. But the beft troops and the bell difcipline, without other refources, will not maintain the greatnefs of a ilate or kingdom, for any length of time. France now fupports her armies moftly upon her coiMjuered coun- tries. Her finances are exhaufted ; and what is, if poUible, a more ferious calamity, her internal diffentions debilitate her force, diftra^ her councils, and difconcert her operations. The plan of Robefpierre was a fyftem of defpair. By putting every thiigin requifition, thenerfons of men, their goods, provi- lions, and money, the whole force of France was collected to a point, and the whole energy of that force was exerted to defeat the mod formidable combination ever raifed againft the idependenee of a Dation. This meafure was perhaps indifpenfable in the crifis when it was adopted. But, unfortunately, violent exertions in the body politic, as well as in the human body, are ever followed by debility and languor. The fyflem of requiGtions and the maximum, were calculated to de- (troy the capital of a country, which, in all cafes, ought to be left Untouched, as a fource of further productions. The intereft or in- cQmfi only olF ft country, can be fafsly ufed for national purpofes ; and / BY CURTIUS. lOf when a ftate it compelled to feize the capital (lock, though its exer- tioni may be great, tliey muil certainly be of (hurt duration. But this is not the only calamity incurred by the fyltcm of terror. To enforce fuch un arbitrary fyllem, recourfe mull be had to violent punifliment, for refufals tu comply with it t and the fummary mode of condemning, as well as the fanguinary piocefs of executing, tend to excite all the malicious and revengeful paflions of men. The guil* lotine of France has left every deadly and rancorous paiBon, waiting only for a favourable moment for vengeance. The furvivinc friends of thofe who fell victims to the fyllcm of terror, will not earily forget or forgive the injuries they futTered; and thus, that terrible ilef- potifm, which for a few months, compelled all men to unite to defeat foreign foes, and to crufli internal infurreAions ; that fyllem has fpreaid over France the feeds of fa^ion and diflention, which will affUdt the country and weaken all its exertions, for at lead a genera*, tton to come. Thus the lad feafon, the vi^ories of France by land, allonifhed all nations, and fpread difmay through Europe, while her frigates fcourged the ocean, and marred the commerce of her ene- mies. But the jprefent feafon, her armies and her fleet are inat^ive, her refources fail, and all is debility and languor. Great Britain, on the other hand, though her army was de(lroy« cd in the Netherlands, retains all her activity and refources. Her territories have not been the feat of war ; her land has been under full cultivation ; her manufui^tures have been carried on ps ufual ; her goods are exported nearly as cheap, and in nearly tlie fame quanti- ties, as in time of peace ; her government retiios its vigour, and her fleet, notwithibnd'/ig a fcarcity of feamen, (till rides miUrels of the The commerce of Great Britain, though a little impaired* ocean. (till exceeds that of any other country ; and the government has not been com])elled to dillrefs her trade to man her navy. Vt^ere tliere a preiling necefltty for fo violent a dep, that country, by dripping her merchantmen for a time, would bring upon the ocuan a fleet fupcrior to any that has ever appeared under one command. But Great Bri- tain has not yet been com])elled to adopt this ruinous expedient ; flie has not materially impaired her commerce by imprelfing fcameti ; Ihe has not entrenched upon the capital dock ot' her hulBandmcn and ma- Qufadturers. Her debt has indeed been augmented ; but dill immenfe fums of money are offered, and the only quedion with governmeiu, is, whofe money fhall be received on loan ; for the competitors are numerous. Such is the monied capital of that country, and iuch the refources, that Great Britain will, probably, be able to carry on the war longer than any other power. Nor is the idea of an approaching revolution well founded. Ire- land may perhaps give trouble ; but the government A" England has ieldom ever been fupported by a more numerous and powerrtil majo- rity of the people. The private ' adbciations in England and Scot- land, gave fome uneaGnefs for a time ; but the moment, government galled for a fu(j>enfion of the habeas corpus aft, it Avas granted, and (i)e executive diillpated all urivatg focieties^ with tlieir plans of revo* I I m fSf".*.^ iHiliiiili t04 VINDICATION OF Mr. JAY's TREATY, lution. The eafe with which this whole bufinefs was coodufied^ certainly does not mark either fear or weaiinefs in the adminiftration of the government of Great Britain. Where, then, is the ground for fuppofrag Great Britain in a dif- trefied ftate of humiliation, compelling her to make iacrifices to the United States ? On the contrary, Great Britain, at this moment, maintuns a9 commanding an attitude among the powers of the earth, as at any former period. All the hopes of Americans, founded on an opinion of the depreifed ftate of that nation, are wholly delufory. Nor can we expe^ any thing from the generofity or good will of the Britifliy or any other nation. National generoHty is a mere phantom of the hnagination. It is to the intereft, or, at mod, to the juftice of a nation we muft addrefs ourfelves ; and no nation will make concef- fions beyond what thefe require. We are not in a fitiution to rem- aianJ any foreign nation to enforce our claims, or to cotnfd the ex* ercife of juftice. If our fanguine enthufiafts are miftaken totally as to the prefent power of Great Britain, they are equally fo, as to the force and ef- k&. of fequeftration. The injuftice of attacking private debts for national wrongs, is generally admitted ; but many people contend, that it may be necefTary at times to refort to this meafure, as tha only effe^lual weapon in our power, to terrify Great Britain, a peril- flious nation, into a fenfe of juftice. It is furpriiing how fuch reafoners miftake tJhe real and certain ef- feds of fuch a ftep. Any man who will give himfelf time to refledt on the pride of nations, and efpecially of the Engliih nation, muft bfi convinced, that the ufe of this weapon, inftead of inducing concef- fions on the part of Great Britain, would excite every hoftile feeling, not only in the government, but in the very creditors whofe debts (hould be fequeftered. Such a violation of all good faith, fuch an attack upon commercial confidence, as the fequeftration of private debts, to avenge national injuries, would put it out of our power to accommodate differences but by the fword. It would provoke a war of double fury ; and the very man whole debts fhould be detained, would be the firil to encourage and the laft to abandon the conteft. All the high raifed expectations of our citizens of obtaining from Great Britain in her prefent ftate, humiliating concefltons which her pride would forbid her to yield in time of peace, are fupported by not one circumftance of rational probability. People who dwell on fuch )>rofpe(fls of fuccefs, are grofsly deceived, both as to fadbt, and as to tlie character of the Englifii nation. But Judge Rutledge, of .South Carolina, has, on dtis fubjeft, uttered the fillieft expreftions that ever fell from human lips. ** Eng- land (fays he) is hoping for peace on whatever terms France may grant it : fhe is reduced to the laft gafp, and were An erica to feize her by the throat, (he would expire in agonies at her feet." A man mufl be little lefs than infane, to utter fuch abfurd ideas, efpeciaUy at a moment when Great Britaia pofleftes more aAual rc- .'# an fnhjeft, ««Eng. nee may to feize .,tJ'/ BY CURTIUS. »»l ibttfce^ the lifiews of \irar, thoa all the ether po\vers at urar, 99am France included. And no man, but an infolvent debtor, who hates his creditor, becaufe he has injured him, would wifli to ice a pea$ agricultural, manufa^uring, and commercial nation efc^rimgin ago- met, Whaterer be the injuries Great Britain has done this country^ it is not for the intereft of mankind, that (he ihould be blotted out of exiftence. In no country on earth do the American merchants find more good faith, fiiir dealing, aqd conrenient credit, thao among Britiih merchants — ^no creditors are more indulgent to debt* ors than the Britifli — and no country on earth finds exteniive credit more ufeful than the United States. Whatever be the refentraents of our citizens towards Great Briuuo, diey may reft aflured of one fad, and it is of no fmall moment to Ibme of the United States, that the treatment Americans will re^ ceire from that country will be more friendly^ when the cooduA of American debtors is more 71^. Another objection to the treaty, or to any treaty with Great Bri^ tain, is, that it begets an unnatural alliance between a monarchy and a repuUic. This is clearly the rooft trifling obje^ion ever omred» and is beneath a ferious anfwer. And thofe who make it, ot^t xm Uufli at their inconfiftency, efpecially as thefe very men are rejoicing at the late treaty between France and the monarch of Pruflia, sik) cameftiy expe^ng every day, to hear of a treaty between Fraact and Spain. On the whole, let ne a/k my fellow citizens what facrifices we maj make by the treaty ? We have old inveterate difpntes with Great Britain, which muft ba terminated. War or accomodation are the alternatives. If we wifli a war, we wafte the blood and treafure <^ Amoicat without ut ob> ]t&. : for at the clofe of the war, the old difputes will remain, and new ones be originated. Inftead of bettering our condition, we ren- der it infinitely worfe by hoftilities.' Is it not wife, therefore, to compromife the differences i And diough confiderable time and expence, perhaps fofne faorifices of juft claims, (hoald be incurred on our part, yet, between tkefe evils, and the continuance of inveterate enmity and hoftile views, on which fide does tiie balance lie ? Erery refleding man muft fay, on iie ^df tf acconuttoelation and peace. The commercial part of the treaty is of a temporary nature ( and even if fome facrifices were to be made, thefe will not came in com- petition with the other great and important objeds of the treaty. But it is not true that any material facrifice is made in the commercial part of this compad. We do not cede one material privilege which Great Britiun does not enjoy by the laws of nations or the laws of the United States. I am bold in the aifertion, and call ob ny op* poferS'to name the part in which fuch facrifice is made. On the other hand, fome material conceftMu on the part of Greait Britain, are made to the United States by the treaty. It is faid. Great Britain may enter with lier ihips into \ ,»• T lie. ,»•■' Mti^V j! vate aflbciations are fcsaaed and extending t^etr influence OTcr our country. The popular Societies cf France did the fame. The cry df psirioti/iH was forever on their tongue ; but when they became (bong enough, they ruled widi a rod of iron. Fire, fword and the gaHotbe were initruments cf their adminiftration. Be 'not deceired into a belief diat our citizens aix incapable .of fimi- lar oatr^^es. Violent men may foe found in «very country, and already aito thofe laws, our iwhole country will be ^nedUy fubjedt to a ccknfed«:&cy of men, a fmall mi- nority indeed, but bold, though fecret in their machinations, indefati- gable in their meafnres, and determined on fucceis. It is not the treaty alone which is oppofed ; this is a convenient inftrument for them to wield ; but the caufes ofoppofition lie deeper. The treaty is not akqgether fatisfadtory ; but if carried into eSe&t it will not be followed with any dangerous confequences, except what will be created by its oppolers. If left to go peacably into operation, it would bave no general effeA on buGnefs which peoj^e at.la^e could feel— agriculture would ftill flourifh ; trade would be carried on as ttfual with iittle variation ; imional difputes would be in a train of adjuilment, and peace and tranquillity would reign throughout our happy land. But if the oj^fers of die treaty can po/£bly embroil our country in civil war, it will be effeded— referve us ! Should the treaty not be ratified, and fliould the confecpiences be foreign war, die pe^k., not the government df Amema^ iiiuA be ^n- fwerable for all its melancholy eonfequences. ■ No period of our political life has been more criticat>*-!or defetving of more temper on the part of the people, and i>f more-prudence and firmnefs on the part of our executive. One party Mriihes to dram clafer our ztlUemce wUh rFraacey icven at die hazard of war with' all the world. Our government and its;fup- porters wiAi for perfect neutrality towards, all the powcES .«t war-r^ they wifti for ftrift jnftice and impartiality to beprcfervcd towards^all parties, and they wifli for friendly tntereourfe with idl-^ fine tdtoj ivkh for uninterrupted peace. ;< When parties are thus ntarfhalled, it behoves all goodisien rto xleter- mine on which fide they will range themfelves. One or die nther muft prevail ; and on die final prevalence of one or the other of thele parties, are fuTpended the peace, proi^rity and bappindfs of the .Uattcd States. CUILXIUS. C N 3 ri'/ jt^' ■■«*(te«#»;- Ui [from THl AMERICAN PAILY ADTIRTISSR. j Mdrn.I>oDlap&Claypoole, cipally, I ft. The detention of the weftern pofts — 'idly. The delay in compenfaung for the negroes carried off at the clofe of the war — and 3dly, The fpoliations committed on our commerce; The reme- dies propofed, were, principally, ift. The commercial regulations of Mr. Madifon— idly. The non-intercourfe propofition of Mr. Clarke — 3dly. The feaueftration motion of Mr. Dayton — ^4thly. An embargo— and 5thly, Military preparation. 3. Every plan of the legiflature was, however, fuTpended, or ra- ther annthiuited, by the interpofition of the executive authority ; and Mr. yay, the chief Juftice of the United States, was taken from his jadioal feat, to negociate with Great BHtuo, under the influence of ,(. ? i> iM< :.\-'h i;rJ q- I; fio FEATURES OF I, J the prevailing fentiment of the people, for tie redrefi of our wm^u Query — ^Are not bis comroiffion and the execution of it, at variance? Is any one of our wrongs a^bially reidrefled i Is not an atonement to Great Britain, for the injuries which flie pretends to have fufiered, a preliminary ftipulation ? 4. The political dogma of Mr. Jay are well known ; his predi' tedion, in relation to France and Great Britain, has not been dif- guifed ; and even on the topic of American complaints, his reports, while in the office of fecretary for foreign affairs, and his adjudications while in the office of chief jiutice, were not calculated to point him out as the fingle citizen of America, fitted for the fervice in which he was employed. Query — ^Do not perfonal feelings too often dic' tate and govern the puSlic condud of miniflers ? But whatever may bave been his perfon/. difqualifications, they are abforbed in the more important confideration of the apparent violence committed by^ Mr. Jay's appointment, on the eflential principles of the conftitution. That topic, however, has already been difcuiTed, and we may pafs to the manner of negociating the treaty in England, which was '.it once obfcure and illmdry. We heard of Mr. Jay's diplomatic ho- nours ; of the royal and minifterial courtefy which was fliewn to h^a, and of the convivial boards to which he was invited : but, no more ! Mr. Jay, enveloped by a dangei^ous confidence in the intuitive facul- ties of his own mind, or the inexhauftible fund of his diplomatic in- formation, neither pofTeffed nor wifhed for external aid ; while the Britifh negociator, befldes his own acquirements, entered on the points of negociation, fraught vrith all the auxiliary fagacity of his brother minilters, and with all the pradtical knowledge of the mod enlightened merchants of a commercial nation. The refult corre< A)onds with that inaufpicious (late of things. Mr. Jay was driven n-om the ground of an injured, to the ground of an agreffing, party ; he made atonement for imaginary wrongs, before he was allowed juftice for real ones ; he converted the refentments of the American citizens (under the impreffions of which he was avowedly fent to England) into amity and concord ; and feems to have been fo anxious to rivet a commercial chain about the neck of America, that he even forgot, or difregarded, a principal item of hf;r own produce, (cotton) in order to make a fweeping facrifice to the infatiable appetite of his maritime antagonift. But the idea of the treaty, given by Mr. Pitt in anfwer to Mr. Fox, who, before he had feen, applauded it as tin adt of liberality and juftice towards America, was the firft autho- ritative alarm to our interefts and our feelings. " When the treaty is laid before the parliament (faid the minifter). you will bed judge whether any improper conceffion has been made to America !" 5. The treaty being fent here for ratification, the Prefident and the iSenate purfue the myfterious plan in which it was negociated. It has been intimated, that till the meeting of the fenate, the inflru- ment was not communicated even to the moft confidential officers of the government : and the firft refolution taken by the fenate, was to tbe lips ao4 eui of iu ittembg:! agaioil every goffibility of ^ving Miu JAY'S TREATY. Ill or receiving information. Every man* like Mr. Jay, was prefumed to be infpired. In the courfe of the difcuiHon, however, lome oc- currences flaihed from beneath the veil of fecrecy ; and it is conjee* tured that the whole treaty was, at one time, in jeopardy. But the rhetoric of aminifter (not remarkable for the volubUtty of his tongae) who was brought poft-hafte from the country ; the danger of expofing to odium and diigrace the difHnguiihed American charadters, who . would be affedled by a total reje^on of the treaty ; and the feeble, but operative, vote of a member tranfported from the languor and imbecility of a flck room, to decide in the fenate a great national queftion, whofe merits he had not heard difcufTed } triumphed over princijJe, argument and decorum ! ' 6. But (till the treaty remains mratified; for, unleft the Britifli government (hall aflent to fufpehd the obnoxious twelfth ardde, (it nvour of which, however, many patriotic members declared their readinefs to vote) the whole is deftroyed by the terms of the ratifi- cation : and if the Britifli government flialf agree to add an article -allowing the fu^nfion, the whole muft return for the reconddera- tion of the fenate. But the forms of myftery are (till preferved by our government; and attempts to deceive the people have been made abroad, upon a vain prefumption, that the treaty could reraaio mfecret, till it became obligatory as a law. For inllance, in Fenno's paper of the 25th of June, it is uncqutx vocally declared, ** the treaty of amity, commerce and navigation, was ratified yefterday by the Senate of the United States ; and, even while he correAs that miftake in the paper of the following day, he commits ^p a-rer of a more extraordinary kind (particularly when we confider that he is the confidential perfon, who printed the treaty for the uTe of the fenate) by aflerting, that in the twelfth article, ** tlie United States are prohibited from exporting to Europe from the faid dates, fugar, coffee, cotton and cocoa, the produce of any of the Wefi India tfiands." The fa<5t muft have been known to Mr. Fenno, that the prohibition operates univerfally ; whether the prohibited ar> ' tides are the produce of the Weft India iflands, of the Eaft Indies, of the United States, or of any other part of the world. The next effay to render the envelopements of the treaty flill more opaque, ap- peared in the American Daily Advertifer, of the a 7th of June. The writer (who is faid to be a member of the Senate) likewife re- gards the ratification, in his introdudion, as a perfedieoUif»> tioDS and cngi^inenta contraAed with that gallant nadoa 1" Lttdife treaty fpeak for itfeU^t is more to be hoped than expe^ed, that tha Toice of France frould not tikewifc be heard in oppofiiioa tvibbdd lUB aflertieot ■ * ' - ■ ' ' II. Ntthiug it fmhd if thi Trmbf* t. Tlie weftem pofts are iohegivm up, 2. The northern boundary of die Uaited Stales is to bt amtak^ fittbd. 3. The river meant by St. Crmx riirer in the treaty, is #0 Ar fatbJ. 4. The payment for iMliations is /oJeMJftf/ln/ dp/ IIKI4&W If. Tlie ultimate regulation of the Weft India trade is to dqieod «ii a negotiatioq to be made in the comie of two years after the termi- nation m the exiiUng war. 6. The queftion of neutral bottoms making neutral goods knit itoijfidtred at the fame time. 7. The articles that may be deemed contraband, are ^ ^ fettled ^ die fame time. 8. The equalization of duties laod by the oontraiQtsg parses on «ne another, nto be hereafter treated of. 9. All the commercial articles depend on the exiftence of the twelfth article, which may continue twelve years, if it is fb agreed within two years after the expiration of the war ; but if it is not ib agreed, it expires, and with it all the dependent parts of the treaty. Query — Qoes not the Senate's fufpenfion of the twelfth article bring us to the fame ground i 10. The whole bufinefs of Mr. Jay's negociation is \ttt open by the twenty-eighth article, for alteration, amendment and aadition, by new articles, which, when agreed upon and ratified, fiall become a part of tbu treaty, Qnery — ^Does not the hiftory of treaties prove, that whenever comraiffioners have been appointed by the parties, to take all the fub* JeAs of their difpute adrrferendum^ for the fake of getting rid of an immediate prefliire, and patching up a peace, the matter terminates ia freattpg, notmfett^g ^fkttncui • m. The Treaty eontaitu a nlovrabUt but no real, Ree^atity. I. The fecond article provides for the furrender of the weflem pofts in June, 1796; but it {Updates, that in the mean time, the citizens of the United States fliall not fettle within the precihds and juriididion of thofe pofts ; that the Britifli fettiers there fliall hold find enjoy all their property of every kind, real and perfonal ; and that when the pofts are furrendered| luch fettiers fhall have an ele^oo M». f ATt TREATY. Its «hher to rtmaim Brkifli fubfcAs, or lo become Amakaa MtiicMb ftfSbaion, «he ibUkte property of the United States hy the traafejr of peace i Quen^— ^bateqmraleRtis giren for diii cefliMof tiMteni- lory of the Uiuted Stales to a foreign power i Quety-'-Hov fiv do tike predoAs and juifiiiAion of the pofts extend ft^aay—Does not the treaty give an implied aflent to major CampbelPs claim, by adflft- jng its language, as far as the faUsof the Miami, and to the northern dnm vpoti theeenitoiies of New-York and Vermont i a. The third article (Kpulates that die two contrading partiea nuqr freqaent the ports of eitier forty ^ on the eaftem banks ot die Mifiif- fippi. Qnery-— What ports has Great Britain on die eaftem baoka of the MSbffippi? 3. The dura article likewife opens an uaicahle interaourfo on the lakes ; but excludes us from their fea>^port8, and the limiu of the Hudfon's bay company; and eKchKles them from navigating oar Atlantic rivers, hi^ier than the hichsft port of entry in eadk MS^ -'■What aiie the limits of the Hudton's bay company ? Qwnry— What vquivalent do the United States obtain for die general freedom of uavintion, portage and paflage ? For it maft be remembered, that the Britifli rivers penetrate the heart of the couatiy, bat ofthofe we can take no advantage ; while Great Britain is in ra& admittad to aU the advantages oF whidi our Atkuitic rivers are fofceptible. 4. The (ixth and feventh articles provide for laiiiti^riBg every demand which Great Britain has been aUe, at anytime, tosmhe •gainft the United States (the payment of the Beitilh debts doe be- fore the war, and the mdemnification for vefieb captured witbio m» territorial juriftUAion) but the provifion made for the Amerion claims upon Great Britain, is not equally explicit or cedent io its terms, nor is it co^xteniive with the ofajeA* ^uery<— "IR^ 'is dK demand for the negroes, carried olFby die Bnti^ troops, fi^iptefled, araved, or abondoned ? The preamble to the treaty recites an Inten- tion to termmHe the d^remu between die nations : was not die aifiur of the negroes a difference between the nations \ and how has it been terminated ? 5. The ninth article ftipulates, that the futyeAs of Great Briaam and the citizens of the United States, refpedively, wiwnowfiokl lands within the territories of either nation, fhali hold wing allegiance to the Britifli crown, though fettled within tbs ac- knowledged territory of the United Sutes, by virtue of the (econd article \ 6. The tenth article declares, that neither party fliali ieqaefter or «onfifca!te the debts or property in the funds, Sec. belonging to t^^ II ' : • )■ ■i i 114 FEATURES OP citizen! of the other, in cafe of a war, or of aationv' diftrene^ Great Britain has fleeu and armies } America has none. Query- Does not this, fupported by other provifions, which forbid our chang> ing the commercial fituation of Great Britain, or imjpoflng higher duties on her than on other nations, deprive the United States of their beft means of retaliation and coercion ? Query — Is it not taking from America her only weapon of defence ; but from Great Britata the lead of two weapons which flie poflefles i What is the relatave proportion held by the citizens of the contraAing nations, refpeAively* in the funds, 8cc. of each other. 7. The twelfth article opens to our veflels, not exceeding feventy tons, an interconrfe with the Britifli Weft India iflands, during the prefent war, and for two years after : but it prohibits our exporting nrom the United States, melafTes, fugar, cocoa, coffee, or cotton, to anv part of the world, whether thofe articles are brought from Britifh, French, or Spanifh iflands, or even raifed (as cotton is) within our own territory. Query— Are veflels of feventy tons equal to maintain the moft beneficial part of our trade with the Wefl Indies, the tranfportation of lumber, &c. i Query — ^Do we not, in lie time of war (and the continuance of the privaTege, for more than two years after die war depends on the fituation in which his maiefly of Great Britain fhall then find himfelf in relation to the iflands) enjoy a greater pri- vilege, under the temporary proclamations of the dulonial governors, than diis article admits ? Qwry — Have not the articles which we are prohibited firom exporting, formed, of late, a valuable part of our trade i Is not cocoa chiefly cultivated by the Spaniards ? Is not cotton a fla}Je of America ? Is owe own own confumption equal to our importation or growth of the prohibited articles i Will not the want of a vent for any furplus quantity, affeA the other branches of our commerce, diTninifh the demand for ihip building, and injure Dur agriculture i If we are now thrown out of this branch of the car- rying trade, fhall we be ever able to recover it ? and, in fhort, will not the lols be of lafling detriment to all our maritime exertions i 8. The thirteenth article admits us to trade in the Britifh fettle- ments in the £afl Indies : but it excludes us from any fhare in the coafUng trade of that country ; it forbids our penetrating the interior of the country, or holding an intercourfe with the natives, unlefs under a - licenfe from the local Britifli government { and it compels us to land all the articles that are there (hipped, in the United States. Is not China the independent territory of the emperor? Is not Canton an open port acceflible to all nations? Do we not obtain there, and at independent places in the Eaft Indies with which we have, at prefent, an uninterrupted communication, tea, porcelain, nankeens, filk, &c. upon the principles of a free trade ? Dues not a very advantageous part of the trade in that quarter of the globe, ^onfift in the exchange of the produAs and manufaAures of the Eaft Indies for thofe of China, axid vice verfa? Do notour importations of Eaft India goods far exceed our confumption ? Is not the trade ^hieh we carry on with thofe goods in Europe, highly benefici^ \ ( . M«. JAY'i TREATY. ««S Are not fugar and coffee a part of our imporutiona from India* atad doea not the lath article prohibit our re-exporting them i Doea our trade to Europe, founded on the prerioua ioterconrfe with India, depend on the Britifti licence ; and can it be maintained* under the diiadvantage of a double voyage i Are we not* cvtry voyage* making favourable imprediona on the natives of China i Do we not partici- pate* at prefent* in the carrying trade of that country i Doea not our intered in it increafe rapidly i 9. The feveral articles that regulate the rights and privclegea of the contrading parties within their refoedlive territories* in cafe either of them is engaged in a war, ^may ceale in two years after the prefent war is terminated* and cannot be protrafled beyond twelve years. Query— Are not all thefe advantages, in effeA, excltifivefy favoura* buto Great Brittuitt a principal maritime power of Europe ; often engaged m wars ; and interefted to obuin for her (hips* her colonies* and herfelf* the ports and fupplies of this extendve continent ? Is it probable that, during the longed poflible exiftence of thia treaty (twelve years) America will be engaged in maritime wars, will want Enshfh ports as a refiige for men of war* or as a retreat for prizes ? Or that it will, during that period, be of importance to her obje^* to prevent her enenues firom arming in Englifli ports, or felling their prizes there i 10. The twenty-fecond article provides for (hips of war being hof^ |Htably treated in the ports of the re(j[)edlive contraAing parties ; and that officers ffiall be treated with the refped that is due to the com- miffions which they bear. Query — Could not the principle of reci- procity* as well as humanity* fuggeft to Mr. Jay, that fome provi- (ion fliould be made to proteA our citizen failors from the fangs 9f Briti(h prefs-gangs in England } and from the horrors of their prifon-ffiips in the Weft Indies ? Were the commiifions of his Bri« tannic majefty of more regard than the liberties of American freemen i Or* was it unknown* that thoufands of our failors have been occa(ion- ally enflaved by the imprefs tyranny of the Britiih government I Or, that thoufanda have loft their lives in noxious prifons* while their veffels were carried into Briti(h ports for *< LEGAL ADJUDI- CATION?" 11. The fourteenth article provides for a perfeA liberty of com- merce and navigation, and for the accommodation of traders ; but fubjeA always to the laws and ftatutes of the two countries refpedlively : Query—- Are not the laws and ftatutes of England infinitely more rigid, on the fubjeAs of this article* than the laws aiid ftatutes of America j « ,1 i v\ ^ IV. The Treaty is an Inftrument of Party » I. The difcuflions, during the fefEon of Congrcfs in which Mr. Jay '4 mi(Eon was projeAed, evinced the exiftence of two parties, upon die Jueftion* whether it was more our intereft to be allied with the repub- c of France* (baa with th« monarchy of Great Britain. Query-DoA .' 1; ' : t nd FEATURES OF V] 'Ilk hie- r. Mot tbc #tnerftl complexion of the treaty decide the qoeflion in fiifoar of the luliancc with Great Briuin i Query — Whether that coni> plexion docs net manifeftly arife from the prorifiont, for admitting a Britiih colony within our territory* in the neighbourhood of the wcftem poftt } for admitting the whole Britiih nation, without an eqoiralent, into a participation of our territory on the eaftcm bank of tlM Mifiiflippi I for naturalizing all the holders of lands t for opening a general intercourfe with their traders on the lakes, in the interior of onr conntry, rendering (as it is idly faid) the local advanuges of each party common to both ) for regulating the external trade of the two nations with each qther ; for admitting citizens to be puniftted aa pirates, who take commiilions, &c. from a belligerent power, adverfe to either contracting party ; for fettering the operations of our treaty with France ; for ^rrendering criminals, Arc. &c. &c. a. The mcaiiires propofed by one party to retaliate the injuriei offered by Great Britain to our territorial, commercial and politic cal rights, were oppofed by the other, preciiely as the treaty oppofes them. For inftance: — (i.) Mr. Madifon projeAs a regulation of our commerce with Great Britain, by which the hofHle fpirit of that nation, might be controded on the footing of its interelh The treaty legitimifes the oppoiition, which was given to the meafure in Congrefs, by declaring in article fifteen, ** that no other or higher duties (hsdl be paid by the fhips or merchandife of the one party, in the ports of the other, than fach as are paid by the like veflfels or merchandife of aH other nations ; nor fhall any othet* or higher duty be impofed in one coun- try on die importation of any articles of the growth, produce, or manufaAures of the other, than are, or (hall be, payable on the im* portation of the like articles of the growth, &c. of any foreiga country. (3.) Mr. Clarke propofes to manifeft and enforce the public re- fentment, by prohibiting all intercourfe between the two nations. The treaty deAroys the very right to attempt that fpecies of national denunciation, by declaring in the fame article, that '* -no prohibition fhall be impofed on the exportation or importation of any articles to or firom the territories of the two parties refpedtively, which fhall not equally extend to all other nations." (3.) But Mr. Dayton moves, and the houfe of reprefentatives fup- port his motion, for the fequeftration of Britifh debts, &c. to enfure a fund for paying the fpoliations committed on our trade. The treaty (without regaf'ding the refped due to the commiflion which is borne by our members of Congrefs) not only defpoils the government of this important inftrument to coerce a powerful, yet interefled adverfary into adls of jufHoe, but enters likewife into a commentary, which, confldering the condudt of one of the branches of our legiflatufe. Lord Grenville, confiftently with decorum, could not have expreiled, or at leafl, Mr. Jay, for the fake of our national dignity, ought not to hare adopted. The tenth article declares, that ** neither the dcbu due from individuals of the pne nation to individuals of the others Mr. JAY'i tItfiATY. ««f BAT flui'-M nor monies which they nuy have in the public fundi, or in the public or private bankt, (kM ever, in tny crsnt of war or na. tSonal difcrcooe, be feqaeltcred or coD^fircated, it hmug mujufi tmJ nn. ftitic, that debt! and eagageiilcau contra^ cd and made by indiri* duals having confidence in each other aitd in their refpe^ire govern- itftnts, fliould ever be deit'^oyed or unpaired by national aathority on account of national diiFerencei and difcontents." The terms are very fiailar to thofe that gave Mr. Daytun offence in a fymeh pro. nouoced by Mr. Ames ; and certainly it will be deemed no mitiga- tion, that the charge of committing ** an w^m/I and impolitk aA,'* has been wantonly engrafted upon the moii folemn of all inftruraents, — « public treaty I (^ry x— Would Lord Orenvillc have confented to brand his Royal Mafter with the title of Gnat Sta RtUtr, if Mr. Jay's urbanity could have permitted him to borrow the epithet from another member of Congrefs, in order to infert it, in the article that relates to the Britifli fpoliations on our trade i But perhaps, Mr. Jay forgot, that the commentary operated u a refleAion on th« government of the United States, and only meant it as a reproach to Great Britain, for fequeftering during the late war, and reuining at this moment, the property bclonsing to Maryland, lying in the bank of England. It might, likewi^, be intended as a fatire upon the parliamentary fe^ueftration of French property in the famous ** In- tercourfe Aft :" or, perhaps, Mr. Jay anticipated the revolution in Holland, and defigned his commentary as a warning againft the feizing of Dutch property, public and private i which, however, hat fince taken place, in fpite of his iblemn admonidonw J. The trials that had occurred relative to the equipment of French privateers in our ports; and the enliftment of our citizens in the fervice of the republic, had produced fome embarrafTment in the courfo of party purfuits. Thefe are obviated by the treaty. The Britifli nation by which the emprefs of RulTia has tdways been fupplied with naval omcers, and whole fleets and armies are always crowded with volunteers from other nations, confents that her lubjedls fliall not ferve ag^uttftns $ and ftipulates diat our citizens fliall not ferve s^ainft her. This coatraft is made with a power aftuaily engaged in « war ; and feklom more than feven years dear of one i by a power at peace, not liable, from her local pofition, and poKtical cdnftitu> tion, to be involved in war, and in ttn£i alliance with the natioil againft whom the ftipulation will immediately operate. Captain Barney and the other Americans, who have joined the arms of France, are thus involved in the moft fcrious dilenmia. If they expatriate themfelves, they may poffibly efcape the vengeance of the American government ; but will that lave them from the vengeance of Great Britain, whoTe conceffion^ on the doftrine of expatriation are not quite Gi> liberal i By the bye, it may here be (eafonM^ly repeated, that while Mr. Jay was fo willing to prevent American citizens from entering into the fervice of France, he might furely have taken fome pains to fecure them from being freffi;d into the fer- ik» of England. Hfi would have found, on enquiry, |hftt the .ia< / .•% '!-'■'■>■;'?' ■ )■ *;"■ i j^' • — -> '.■ I 118 FEATURES OF fiances of the latter kind are infinitely more numerous than of ths former. But it is enough that the meafure will be intrbdudtory of a law, favourable to the view of a party which reprobates every idea of alTifting the French, and cultivates every means of conciHatbg the Britift. 4. It has, likewife, been thought by fome politicians, that the energies of our executive department require every ud that can be given to them, in order more effedually to refift and controul the popular branches of the government. Hence we find the treaty- making power employed in that fervice ; and Congrefs cannot exer> cife a legiflative difcretion on the prohibited points (though it did not participate in making the ceffion of its authority) without a decla- ration of war againft Great Britain. George the third enjoys by the treaty a more complete negative to bind us as dates, than he ever claimed over us as colonies. V. Tie treaty it a violation of tie general principles of neutraUtyf and is in colli/ion luiti tie pyitive previous engagements luiici fub/t/i between yimerica and France. 1. It is a general principle of the law of niLtions, that during the exiftence of a war, neutral powers ihall not, by favour or by treaty, fo alter the fituation of one of the belligerent parties, as to enable him more advantageoufly to profecute hoflilities againft his adverfary. If, likewife, a neutral power ihall refufe or evade treating with one of the parties, but eagerly enter into a treaty with the other, it is a partiality, that amounts to a breach of neutrality. Thefe poiitions may be fupported by the authority of the moft efteemed writers on the fubjedt ; but it will be fufiicient in the prefent cafe, to cite the conduct of Great Britain herfelf. Thus, it has been adjudged by Lord Manj/!eldf ** that if a neutral (hip trades tu a French colony, with all the privileges of a French fliip, and is tius adopted and tiaiuralixedy it muft be looked upon as a French (hip, liable to be taken." St^ Judge Black/lone* s reports^ I W./. 313, 3 1 4. Ac- Cording to the principle on which this judgment was given, the a£l of ilTuing the memorable orders of the 6th of November, 1 793, and the confequent feizure of all our ve(rels, are attempted to be juftiiied. Great Britain alledges (when it is injurious to France) tliat trading with the French iflands, on a footing not allotued before tie wary is a breach of neutrality, and caufe of confifcation : and, therefore. Great Britain mufl alfo admit, at leaft America will not deny, that tradipg with the Britifh iflands, on a footing not allowed before the war ; or, in different words, altering and enlarging the commercial relations of the two countries, is equally a breach of our neutrality towards France. When the fword is found to cut both ways, the party who ufes it, has no right to complain. 2. That we have, on the one hand, evaded the overtures of a treaty with France, and on the other hand, folicited a treaty from Great Britain, are fai^s public and notoriou*. Let us entire, thee, Mr. JAY'i treaty. ti9 wbat Great Britain has gained on the occafion, to eoiblc her more advantiigeoufly to profecute her hoftilities againft France. (i ) Great Britain hat gained time. As nothing is fettled by the trear^, (he has it in her power to turn all the chances of the war in her Kivour ; and, in die interim, being relieved from the odium and embarraflment of adding America to her enemies, the current of her bperations a^nft France is undivided, and will of courfe flow with greater vigour and certainty. We have been for fo many years fatis- fied vfiihthepromjfes of tie treaty of peace, that Great Britain has caufe to 6xpeA, at leau, an equal period of credit, for tie promifet of the treaty of amity. If, indeed, it is true, that the reafons affigned by Lord Grenville to Mr. Jay, for declining an immediate furrender of the pofts, were,^r^, that the Britifh traders might have time to arrange their out-ftandmg bufihefs ; a privilege that is exprefsly granted by the treaty, and could not therefore, fiirnifli a real excufe for delay ; and fecondly, that the Britiih government might be able to afcertain what would be the probable effedt of the furrender, on the Indians \ a re- fervation that demonjiriate't an intention to be governed by events ; wf can very well account for the late extenfive fhipment of artillery and . ammunition to Canada { and may eafily calculate the importance of gaining time, in order to promote the American, as well as Europeana obje^s of Great Britain. ■ (2.) Great Britain gains fuppTus for her IVeft India colonies i and that for a period almoft limited to the continuance of the war, under circumftances which incapacitate her from fltrnifliing the colonial fup* plies herfelf ; and, indeed, compel her to invite the aid of all na- tions, in fumifhing provilions for her own domefHc fupport. The fupplies may be carried to the iflands either in jfmerican bottoms not exceeding feventy tons, or in Britl/b bottoms oiany tonnage, . • (3.) Great Britain gains an advantage over France, by prohibiting the exportation offugar, life, itt confequence of which the colonies of France muft, in a great meafure, remain unfupplied with provisions. Sec. as they can only in general pay for them in thofe articles, whofe ttfe is confined to the American confumption. It will be remembered, that the produce of the French iflands has of late conftituted a great part of our European remittances. If, therefore, that trade is cut off, and at the fame time, belides employing our own fmall crafi of feventy tons, Great Britain is allowed, to any extent of tonnage, to be our Weft India faAor, it is obvious that our confumption of fugar, coffee, &c. &c. will be abundantly fupplied, without maintaining an intercourfe with the French, or even with the Eaft Indies, to pro- cure any of thofe jtfticles. Perhaps this method, though lefs bold, will be more effectual to prevent our furnifliing the Fiench iflands with provifion, than declaring them to lie in a ftate of blockade, and feizing the veffels that attempt to vilit them. (4.) // is another important gain to Great Baitain (which might, Hkewile, have been adverted to under the feature of reciprocity) that, to any extent of tonnage, her veffels may carry on the Wejl India trade for us, either to fupply our domeftic confumption, or European en- -.c_.^ ) ' fl I i| I I W' 110 FEATURES OF gagementSi /v^^ to ho other or higher duUu tUm our ovm v^jUtt while our own vefTeli are reftri^ed to a fi/tifal fize« and eircumfcribed to a paitieqlar voyage. But whjitevcr may be thought of the benefit of acquiring fpr America even tbU fcanty parttcqwtion in the Weft India trade* no one (dter the rcje^ion of the twelfth article) wiU deny that the whole meafore changes the relative fituauon of the two countriest avowedily in favour of Great Britain, and operativelji injurious to France ; and every fuch change is derogatory to cm boafted neutral chara^cr« (5.) The {tdv^i/lm of Qreqt BrUain ti all the commtrcinl adv^itO' gee of the nufjl favoured nation, etnti the refinutUs impofed yfon our k* gi/Iative indf^denee, as dated in the party feature of the treaty, are proofs of fMredile^ipn and partiality in the American governnMnti which cannot fail to'' improve the refovrces of Gre^t Britain, and to innpair the interefts, as well as the atuchments, pf France. ( 6. ) The qfftnt to tbefei%ure of aH provifion^U^, and thajti in tfkSti upon any pretext, at a^ period when Great Bntain is diftreJTed fo( Urovifions, as well as France ; ^d when the fyftem oi fubdmt^g fy famine has been adopted by the former ag^nft fhe latter nation* ia clearly changing our pofition, a3,an independent repyb|ip, in a man* ner detripiental to our ori^^na) ally. That our merchants will be paid a refifonable profit for their cargoes, &p. may reqder the mea- lure more palatable to us ; even under the lofs of the retoin cargo, the derangement of the voyage, and the dellru^on of the ^irit of commercial enterprife ; but tn^t confidcration c;innot render it lefs^ oflenfive to France, |t may properly be here remarked, thfit Swe- den and Penmark have obtained^ by a fpirited refiftance, an a£lual« indemnificdtipp for the feizures which have heretofore taken place,, and an exeipptjon 6rom all fuch outrages in Auure ; while America has only put diofe which are paft, in (t train of negociation, and has given a tegiimate effed to thofe which are to come. The 01 .er, irhich, the Englifli gazettes fay, has recently been ilTued for fcizing American provifion-fliips^ on dieir paflage to France, ought not, therefore, to be complained of, as it is merely an exercife^ by an- ticipation, of the right granted by the treaty. (7.) Gregt Britain fat gained the r'^bt of preventing our Citizene> froth le'mg voluntfert in the armief or fiips of Francf! This is not (imply the grant of a new right to Great Britain, but is, at the fame* time, a politive deprivation of a benefit, hitherto enjoyed by France, Neither the laws of nations, nor our mci^icipal conftitution and laws^. prohibited our citizens from going to another country^ and there, either^ for the fake of honour, reward, pr inftruAion, ferving in a foreign, navy, or army ; — Colonel Ofvoedd and many others have done it :— Captain Barney and many others are doing it. But a proclamatiooi muft ifliie to recal all fuch volunteers, and puniHiment m\4l foUo^. ' difobedience, if the twenty-firft article of the treaty is to be efleftu- l^ed, as the fuprcme law of the land. ( 8. ) Great ^ri/iim has gained a right to treat (indpunifh as pirates^ ftny of our fitizene whojhall accept ^ even v^hik they ore in Frwce, anjf M». JAY'« TREATY. la* tmtm^jji&t. to aim a privat«4i)r, or letfier of marque. It if true', that a fiinUar provifion is cpatato^d ia other treaties ) but we arc now only (onfiderinl; #Af tib^atiem which are nude by the treaWundev difcuiiion, iit fiivour of Gfeat BrHain, and injurious to Frapce, How far there exifts a powter to define piracy, ^ treaty^ will bo remarked ip delinea^g another feature of Mr. Jay's dijdomatic off- ffring. i^g.) Qrtat JfrkftM hat dozily i^e^d% hy ohtmnit^ In ourfortji, ait um for her Jbip» of wWf privateers ^ pnKes, ^(, ^^ufatihg for atji exclttJ«H of thoft of her tnemkt* other (It is admtted). than Frgmcep. The twenty-fourth and twenty-fifth articles of the proje^^ed trcatVt are nearly copied from the fubfifting treaty with France. It wouki be cwiou^f how«Ter» to reflect on tJie very diUfreot raotivM, which muft juftify (if tjie id^ of M^fication conhiy in the late inftaacc, be at all admiffible) theie aaaJogous gruats* The com:eiEon to France was made nuhen «v 'mtre ai war, atuljit nuas u^; it was SKule upon a certainty of reciproeai advante^e; and it was madf 0* a price ias obtaining the ;ud of that gallant natiimt in the etlab(iihment of our independence. The cooce0io» is made to Qreat Britsun whettjke k at war, and woe are not f ■— without any rational frofpeiS of, dimtUng any i-aiproeal advantage from it; and under fuch circunmaacee of injury and infult* as might have admonifhed us t« referve it at thi price for obtdtmg cM from other nations, in reding her hoMBties, in- dead of paying it for imiles without afiedtion, and proraii^ without Oncerity. When we were making treaties with Holland* Pruffia^ &c. did we not exprefsly exclude them from fueh important* and« as we have already fertouily enperieneed, fuch dangeroua nriviJegftft } But it will be afked, perhaps what mighty benefit has Great, Bri- tain gained* in this cafe* at me expence of France* fince the. priof limilar privileges of France ar^ exclunve ? Anfwer: — ^That as th9 privilege of Great Britjan will operate againft every other nation* is will immediately a^eft the French republic's alliance* ofFenfive and defenfive* with the United Provinces* which preceded the ratifica- tion, at leall, of the treaty: and it may* eventually* liave the famo pernicious influence in relation to Pruff a* Spain and P(H'tugal* whofe difpofition to change fides, in the prefent war* has been unequivo- Qally exprefled, Thu8> though Holland and Pruffia made u^atiea with us, long before Great Britain would admit the idea of a nego- tiation* and though Spun and Portugal are the only cuUomers* who furniih us with dhe ready money balance* for the very purpofe of paying our annual accumulation of debt to Britain* the harbours of America are open to then veiTels as prhus, but fliut to them as friends : They may be brought hither and fold by their enemies : but if they have captured their enemy* all* but common neceflaries*, (hall be denied to them I The habits* bias* and opinions of a people*, ought not to be altogether difregarded in making a treaty. \^^t honed, feeling American* could patiently fee an Englilhman* emr fnnfhine ally, bringing into our ports* as prizes, the (hips of HolIand« Mr ally ii$ the timet that tried men^t fkuis; — a republic* indii^o}ttbl|^ i 4?> FEATURES Or l'' 'i I ! I i united with France)<~4hat earlieft» lateft, beft of friends i Vfha£, honeft» feeling American, even iiibmitting to a (bene fo painful, would willingly affift in expelling froni our ports the (hips of Hollandi fobieb had merely retaliate Jt by the ci^pture of their foe i 3. But it is time to advert to t&e efi/et ofeolR/ion between the two ueaties ; and thefe are of fuch a nature as to produce a violation of the fpirit, though not a pofitive violation of the words, of thepre- vious engagements, that fubfift between France and America — ^They are eaufu ofaffetuet and cla/b in the highejl degree. • {1.) :ty the ninth article of the treaty nf alliance with France^' we guarantee ''he pojfeffions of that nation in America. It is true, that our iituation ii Juch as to incapacitate, and of courfe to excufe us, from a i&rea fulfilment of this guarantee ; but it is equally true, that we violate our faith, whenever we do any thing that will, either dire^y or indire^y, endanger thofe poflefBons. Query — Whether facilitat- ing the means of fupplying the Britiih forces in the Weft Indies, will not be the effedt of the arrangements relative to the trade with the Briti(h iflands ? Query — ^Whether reftraining our intercouHe with the French iflands, as a confequence of the treaty already predicated, will not expofe them to want, and of cOurfe to the neceility of yield- ing to their enemies ? Does not every fuch advantage given to Great Britain, clq/h with our engagements to France ? (z.) By our treaty with France, and indeed with feveral other nations, it is expreftlyjlipulatedf that free vejfels fliall make free goodt. At the time of entering into the ftipulation, and even at this moment, the maritime ftrength of France (always fuperior to that of Denmark and Sweden, which has, under fimilar circumftances, been fuccefs- fill) could command the refpecSt of the world for her engagments. It is true, America neither was, nor is, in a fituation to produce the fame complaifance ; and, on the ground of that weaknefs, France hasj hitherto, candidly difpenfed with a Arid performance of the treaty. But though America cannot enforce^ (he ought not to ahdn-^ don her engagements : (he may fubmit to imperious neceility, but^ tannot voluntarily bring into quefiion the right of prote(fKng, as a neutral power, the property of France ; while France is not only ready and able to afford her property the (lipulatcd protedlion, but, in confor> mity to the ftipulation, adhially allowt the property of Great Britain to pafs frect under the fanffton of the American flag. When, there- fore, the treaty with Great Britain agrees^ that within two years after the termination of the exifting war, it fball he diftuffed ** whether in any, and what cafes, neutral vefTels (hall protea enemies' property" — does it not clafh with our previous promife to France^ that free fhipt Jbidl make free goods? And when the treaty with Great Britain, in £)rmal and explicit terms, further agrees^ ** that in all cafes where veflels (hall be captured or detained, on fufpicion of having on board ■ enemies' property, &c. the part which belongs to the enemy Jball be made pri%e" — Is not this an evident coHifion with our previous agree- ment with France^ and with the fecurity which Britiih property enjoys iq epnfequen^e of it ? While France adheres to her treaty, by p^^ M». JAY'» TREATY. »«* mitting Briti/h good* to be protcded by American bottoms, is it ho* nefl, honourable, or confident, vOn our part, to enter vohmtttrily into m emAaS voith the enemies of France j tot permittiog them to take French goods out of our veiTels l We may not be able to prevent, but ought we to agree to the proceeding i Let the qneftion be repeated •—Does not fuch an exfre/s agreement clafli with our expreft, as well as implied, obligations to France i (3.; By enumerating, as contraband articles, in the treaty with Great Britain, certain articles which are declared firee in the treaty with France, we may, conMently with the latter, fupply Great Bri- tain f but, eonfijiently with the former, we cann^ fupply France. Thus, our treaty with France (and, indeed, erery treaty which we have) exprefsly declares, that, " in general, all providons which ferve for the nourishment of mankind and fuftenance of life ; further- more, all kinds of cotton, hemp, flax, tar, pitch, ropes, cables, fail cloths, anchors and any part of anchors, alfo (hips, mafts, planks, boards and beams of what trees foever ; and all other things proper either for building, or repairing fliips, and all other goods what- ever, which have not been worked into the form of any inftrument for war, by land or by fea, fhall not be reputed contraband** The treaty with Great Britain exprefsly declares, " that timber for (hip building, tar or rozin, copper in flieets, fails, hemp and cordage, and generally whatever may ferve diredly to the equip- ment of vefTels, unwrought iron, and fir planks only excepted, jhall be objeSs of confifcation, whenever they are attempted to be carried to an enemy.** Whether this flipulation can' be conddered as founded on a prin- ciple of reciprocity, fince the articles declared to be contraband are among our principal exports, but among the principal imports of Great Britain, might luve bieen adverted to, in tracing a former feature of the treaty ; but let it be now candidly anfwered, whether it is not in collifton with our previous engagements with France I The right to make fuch a ftipulation, is not, at prefent, controverted; but only the aflertion, that exercUing the right does not clafb in any degree with the terms and fpirit of the French treaty. France exempts thofe important materials of our commerce from confifcation, in fa- vour of all the world : Great Britain condemns them to confifcation, whenever they ihall be carried to her enemies ; and the compa^ '\i made, while France is one of her enemies ! ! VL The Treaty with Great Britain is eakulated to injure the United States, in the frientlfliip and favour of other foreign nations. I. That the friendf^jp and favour of France will be affedted by the formation of fo heterogeneous an alliance with her moft implacable enemy, cannot be doubted, if we reafon upon any fcale applicable to the policy of nations, or the paifions of man. From that lepublic, therefore, if not an explicit renunciation of all connexion with th« United Stat««, we mav at lea^ft expedl an alj(cr^ti9|» of conduA : ^d, ;i t 1*4 VtAtVkE^ OF ife It I ;',(j^5P^ i: fmdihg the foccds which has flowed from the holHle trcaitnent thul Great Britain has (hewn towards us, (he may be, at length, tempted to codeavour at eMtortlng from fiar, what (he has not been able to obtain /nm i^fe&tm. She will, probably, declare Great Britain in a ftate of blockade, for th|i purpofe of fcizing our veflels in Emx^ } and file may inftitute coorts for *< legal adjudication," in order to taoSiR* cate our veflels in the Weft Indies. Great Britain wiil tint ebuckU at ike Jeentt No one can doubt that our embarrafments will gratify, aot only die avowed otneAs, but the latent refentments, of that , nation* Even if Ihe could oWterate the memory of our revolution, (he cannot, with pleafwe, behold the fuccefsful experiment of i f epiAlican fyftem of government } nor the fapid advances of a com- mercial competitor. The moment (he has produced a quarrel be-* tween America and France, flie may exclaim, ** Delenda eft Car- tbt»o!** America is uain a colony 1 How diflfei;«nt were the inte- refts and difpofitions oTour tried friend ! t^at our government (hould preferve its purity and indepeBdeBce-~4hat our commerce and agri- coltore (hoiud attain their zenith— Avere views once congenial with die policy and affe^ons of the French nation : Heart, head, and hand, (he would have joined in promoting them, againft the arti and enmities of all the reft of the world I What a change, then, have we made ! ^ Look on this pi£hire, and on that : ** The counterfeit prefentment of two Albet! ** Who would on this fair mountain leave to foed, ** To batten on that moor !" a. During the war, we, likewift, formed a feafonaUe and fervTce- able treaty with the United Netherlands ( and, (hortly after the warr treaties were eftaMi(hed with Sweden, Pruffia, &c. But in order to avoid even the abearance ofelaflting or eottifiott with the French treaty, the powers, thus eariy in courting our alliance, were not allowed thofe privileges of afylura for themfelves, and o( excluding their enemies from our ports, which are conceded in the projeAed treaty to Great Britain. Have thofe nations no caufe for jealoufy and feproach I What principle of policy, or juftice, can vindicate tho partiality and predile^on, that has been thus (hown i 3. But the projefted treaty (after an affected recognition of pre- txiiUng public treaties) declares, that while Great Britdn and Ametira continue in anxty, no future treaty (hall be made, incon(ift- cnt with the articles, that grant the high and dangerous privileges, that have been mentioned. Every nation of the earth (except France) is thus facrificed to the pride and intereft of Great Britain. And with what motive, or upon what confideratior-. is Uie facriiice made ? It has been ftated in a former, and wiU be more fully (hewn in a future, feature of Mr. Jay's treaty, that the United States do not enjoy any equivalent for this, nor for any other, conCeiEon which is made to Great Britain ; But the mifchief does not end with the foliy of a lop-dded bargain. By granting thefe exclufiv* privile(;es to Greftl Britain, by declaring that no commercial favour « Mr. JAY'. TREATY. iiy (hall be conferred on other natioDSt without her participating in them, we hare thrown away the fureft means of purchaiing, on any emer- gency» the good will and good offices ot any other power : We cannot even improre the terms of our old treaty with France. For all the advantages of trade that Spain, Portugal, Holland, tec, might, and pro^ly would, upon a liberal footing of reciprocity, have given us, — ^what have we now left, to offer as the bafis of ne- gociation and compa^ i t- 4. The alteration which the treaty makes in the relative fknation of ieveral nations with America, and the conduA, that is likely to be porfued by thofe nations, in order to counterafb , its effedl, merit ferious reflection. Will Spain fee without fome foKcitude, the par- tition which we have made with Great Britain, of our territory on the eaftem bank of the Miffiffipi ? How would our projeAed treaty work, if France fliould recover Pondicherry, kc. in die Eaft Indies ; ihofild fubdue and retain the Weft India ifiands ; ftiould ftiputate with Spain fctf the ceffion of Louifiana ; and fhould conquer Nova Scotia r The curious conhn with which we have allowed Great Britain to circumvent us (and of which more will be faid hereafter) being thus broken, how are we to calculate the confequences i 5. Confidering the Indians as a foreign nation, is not the treaty calculated to exalt the charaAer of Great Britain, and to depiociate the charaAer of America, throughout the favage world i What right has Great Britain to negociate for Indians, within the limits of our jurifdidion ? Suppofe the exifting weftem pofts furrendered, may not Great Britain eftablifh other pofts in a contiguous or more ad- vantageous ftation i Is ftie not left at liberty to purfue the fiir trade In our territory as well as her own ? Will not her enterprize in traffic, fuperior capitiu and experience, enable her to motiopolize that trade i And will ftie not, in ftiture, have the fame motives, and the fame means, to foment Indian hoftilities, that have'hitherto been indulged and employed^ at the expenfe of fo much American blood and trea- fure? . i"' VII. Tie Treaty with Great Briiatn is impoFftie and permcioutf in re- J^3 to the domejiie utter efis and happineft of the United States, > j; I. If it Is true, and incontrovertibly it is true, that the interefi and happinefs of America, confift (as our patriotic prefident, in his letter to Lord Buchant declares) " in being Kttle heard of in the great ** world of politics ; in having nothing to do in the political intrigues, *• or the fquabbles of European nations ; but, on the contrary, in ** exchanging commodities, and living in peace and amity with all the *' inhabitants of the earth ; and in doing juftice to, and in receiving it ** from, every power we are conneded with ;" it is is likewife mani- feft, that all the wifdom and energy of thofe who adminifter our govemment, fliould be conftantly and feduloufly employed to prefer\'e, Or to attain, for the United States, that enviable rank among na- tions. To refrain from fommg hajy and une^al alliances ,• to let is6 Features of commetce flow in Its own natural channels ; to afford every man» whether alien or citizen, a remedy for every wrong ; and to reiift, ' on the firft- appearance, every violation of our national rights and - independence, are the means beft adapted to the end which we CQn- .templatct' It maybe objected, that we are already involved in fome alli- ances, that have had a tendency rather to deftroyour public tranquillity, than to promote our public intereft. But a difference of circumftan- ces will require and juflify a difference of condudt. For inflance— it was neceffary and politic, in the flate of our affairs at the commence- ment of the revolution, to pay a premium for the friendfhip and alli- ance of France : we could not have infured fuccefs without the co- toperation of that nation : and as the price that we paid for it was not greater tlian the benefit that we derived from it, we cannot now, with juflice, cavil at our bargun. But was the inducement to form -^n al- liance with Great Britain, of a nature equally momentous ? *'^ the advantage flowing from the facrifices that are made, equally codi^n- fatoryi Why fhould we, at this aufpicious feafon of our affaitv, ven- ture to undermine the fundamental maxim of our domeflic happinefs, by 'wilfully cbtnuling on the great world ofpoUiictt or wantonly involv- ing ourfehet in the political intrigues ana the fquabbUt ofEuropen nd- iiont ? Suppofe (as it is often alleged and fometimes proved) that our treaty with France is produAive of inconveniences ; will it bap- pen in the political, any more than in the phyfical or moral world, that by multiplying the fources of evil, we fhall get rid of the evil it- felf ? If, according to the quondam opinion of the friends of a Britifli alliance, our commerce has been reftrained in its operations ; or if our government has been menaced in its peace and ftability, by a praAical developement of the terms of our treaty with France, fhall , we better our fltuation, becaufe we make another treaty upon the fame terms with Great Britain ; and fumifh two nations, inflead of one^ with an opportunity to perplex and diflrefs us in purfuing our natural and laudable policy— ^i&tf policy of exchanging commodities^ and living in peace and amity with all the inhabitants of we earth ; doing juftice tOy and in receiving itfrom^ every power we are conneBed with ! 2. But even if the queftion was at large, and we were now under a nec^ity of deciding, for the firft time, whether we would be allied to the monarchy of Great Britain, or to the republic of France, how would a rational eflimate of the interefis and happinefs of the United States (the true and only touchstone for fblviog, in the mind of an Ame- rican^ fuch an enquiry) lead us to decide ? To thofc members of the fenate^ who could regard the twelfth article of tho treaty as a mark of parental care and wfdom^ by which Great Britain was fondly dejirous of rjiflraining the exceffes of our commercial ardour ; excejfes that might eventually and prematurely debilitate anddejlroy us ! To thoft members of the fenate, who could, with filial gratitude, declare, that an alli>- unce with Great Britain was natural } that an alliance with France was artificial-} finccy although we -were partially indebted to France for Pur independence, we were entirely indebted to Great Britain for our being t To all who can ch«rifh fuch ideas, or utter fuch language, M*. JAY't TREATY. ««7 rcry man, to refift. ights and I we cpn- fome alli- mquilUty, ircumftan- Hance — it aramence- ) and alU- ut the co- t was not now, with jrm «n al- i -fethc ^codi|ffn- fl^un« ven- happtnefs, tily iuvoh- 'uropen ttd- >ved) that vill it bap- iral world, the evil it- jfaBritifli ions ; or it' ility, by a ance, fhall , >on the/ame :ad of onet our natural and living \gjuftice tOf f now untfer Id be allied ance, how the United ' of an yfme- mbers of the u a mart of ]dly defirous that might \ofe memhen 'hat an aUt>- vith France 1 France for 'ain for our h language, thele ftriAure8*'will be ungracious and unprofitable : but they clair ■* candid attention from the patriott who remembers, that when . parent fought to deftroy, the friend interpofed to fave ; and from the JIalefmant who pofTefTes too much wifdom to be influenced by preju* dice, and too much fortitude to be controuled by fear. Arc the interest and happinefr of the United States involved in the pernuHient eftablinimcnt of a republican government i Yes :-— Then Ihe ought rather to cultivate the friendlhip of a republic, adluated by a fellow feeling, than the alliance of a monarchy imprefled with jea- loufy and apprehenfion. Are the intere^ and hatpineft of the United States conneifled with her territorial and political independence? Yes : — ^Then (he ought rather to fortify herfelf by an alliance with a na- tion, whofe territorial jurifdiflion, and phyhcal charaJleriftics, pre- clude the pofEbility of colliflon ; than attach herfelf to a nation whofe langiiage, manners and habits, facilitate the execution of every at- < tempt to encroach ; and who(e territorial poiTellions are in an irritat- ing and dangerous contact with our own. Are the intereji and haP' pineft of America to be promoted by an adlive employment of the va(l ftore of materials ofthejirfi mrg^^, which nature has beiiowed on her ; by theextenfion of her commerce ; and by the freedom of her navi- gation ? Yes : — ^Then (he ought rather to court the countenance and protection of a nation, whoie occations of envy are comparatively few ; — whofe temptations arc to fofler, not to counteract, our fchemes of commercial opulence and cnterprife ; — and whofe impe- rial glory and exigence do not depend upon a claim of univerfal ma- ritime fuperiority ; — ^rather than confent to bade beneath the baneful (hade of an alliance with a nation, whofe very exigence is, proba- bly, the tremendous (take in oppo(ition to our profperity : and whofe embraces, like the embraces of the tyrant's image, may be rendered the moft effeiftual inftruments of torture and deftruftion. Are the intereji and happinefs of the United States depeivlant on the cordiality of their union, and the permanency of their government ? And again — Do that cordiality and that permanency, depend upon the con(idence and mutual good underflanding, which fubfift between the people who formed the government, and the ofHcers whom the people have appointed to adminifter it ? Yes : — ^Then it would be the part of duty, as well as policy, in thofe officers to fcXXovf the una- nimousfentiment of the people, by preferring a liberal and faithful alliance with France, to a con(traioed and hypocritical alliance with Great Britain. 3. The firft ftriking e(FeCt of the treaty, to endanger the intereji j, and dyiurb the happinefs of tlie United States, may be deteded by a geographical (ketch of the cordon, or line of circumvallation, with which it enables Great Britain to fetter and enclofe us. The proximity of Canada and the weftern pofts, has heretofore been a caiife of great imeafinefs ; but that is a trifling Iburce of vexation, compared with what we (hall have in future to encounter. Suppofe ten thoufand radii were drawn diverging from the centre of the United States ; not one of them could efcape the conventional circle of Britidi territory. ' i I t| ii8 FEATURES OF rm^m ':u.i jurifdiAion and occupancy* Has an American oceafion to traTd to the eaft or the north i The barriert of Nova Seotunml Canada pre* fent themfelves. Is it his wiflt to penetrate the great weftern wilder* nefs i A neiu fet of Britj/b po/ls will intercept bis propefst ercn if he {hall be allowed peaceably to pafs the Briti/b colony within the pre- cinds and jurifdidtion of Detroit. Does bufinefs require him to crofs» or float down, the MiiHlfippi ? He may evade the Tigilance of the Spaniard, but he will find the eaftern bank of the river monqmlized by Britilh traders, and probably protected by Britifh gun-boats. He is in hopes, however, to avoid all diAculty by a paflage on the ocean ? Alas ! our Atlantic harbours are crowded with prizes to Britifh privateers, and our Tea coafl is lined with Britifh cruifers 1 Yet, let us for a moment imagine, that this ill &ted traveller has furmounted his domefitc obflacks, whither can he fly, to be emanci* pated from the foreign- jurifdicEtion of Great Britain ? In the Weil Indies, his cock boat is meafured and fteered, according tc the fcale and courfe prefcribed by the treaty. In the Eafl Indies he 'ran hardly exchange a commodity, or make a fingle acquaintance, viithout the Britifh licenfe. In Europe, if, during a Britifh war, he carries goods belonging to an enemy of Great Britain, they will be feized as prize; if he takes fhip-timber, tar, rozin, &c they are liable to be confifcated as contraband ; and if his cargo confifls ^ proviflonsy the Britifh may take it, by treaty^ at tieir own market price J One idea more about the boundary of the United States. Before the revoludon, Great Britain had proje&ed that general arrangement jind divifion of her colonial pofTefBons ir. America, which fhe has flnce, upon a fmaller fcale, carried into exi^cution witJi refpe£l to Ca- nada. The territory then intended to be allotted to the government of the Canadas, was extended by a line running along the northern boundaries of the eaftern colonies, along the weflern boundary of Pennfylvania, and along the courfes of the Ohio, into the MifEfEppi. Since we are left at a lofs for a pofitive definition of theprecinBt and jurifdidion of tie tveftem pofttt as ceded by the treaty to tbefettlert tm- der Britj/b titlet, may we not conje£hire, that Great Britain contem- plates the territori^ extent of her original projeA ? Does not major Campbell's unexpeAed pretenfion, and the conflant claim of the In- dians, at the irrigation of the Brii't/bt to eflablifh the Ohio as a boun- dary between them and Uie United States, give fome countenance to fuch a conjedure I 4. But fhould an American, not flimulated by the defire of tra- velling into foreign countries, be content to profecute the obje^s of his honefl induftry within the Britifh territorial circle, bounding and conflituting his own honUf will his condition be much better than the condition of his itinerant fellow citizen ? What with the eflablifh- ment of Britifh colonies and Britifh ware-houies ; the naturalization ■of Britifh land-holders ; and, in fhort, the unqualified admiffion of Englifhmen, owing allegiance to the Britifh crown, throughout our lakes, rivers and territory, while we are excluded from their fea-ports, company-lands, 6cc. &c. an American will hardly be able to find elf M». JAY»« TREATY. tn tenance to bow-room for Umfelf and family. Their pecuniary capkil being larger I their meant being eafier ; their experience being gre ater ,. - * they muft, inevitably, under fuch circumftanoesi become oiir mer* chants, manufaAuren, farmers, ftc. tec. They will import tat us, M tidr veJfUt all the ncodoAs and &brics of Europe, Afia and Africa — ^They will export for us, m tbm- vejeltt rrery article that oar foil can furniih ; our merchaau will dwindle into clerks ; our huflmnd- men will degenerate into the condition of the feudal villienage ; and thus, in a (hort courfe of years, America will frtitUy exMit the afiomJbingJ^aacUofe cmtntn pojeffedtculfmtatedtand mgofed iy afutut The ancient inhabUants of Great Briuin, in a ilmilar maimer, invited thofe Saxons to their ifland as friendt and alSet, who foon after*- wards became their etmqueror* andmafiert. 5. In fuch a ftate of things, the tnttrejl and hapfinefi of the United Sutes muft languifli and expire ! At firft the American mind will be corroded, by contrafling the elevation of the gutjl with the deprcffion of the hofi, A ftruggle will probably enfue ; but the influence of wealth, and the patronage of extenfive commercial and manoiadural inftitutions, &c. vuill even divide the Americani themfelva ; and, h dividing, capaciute the Britifli fettlers to rule them. Is this an icw phantom — a vifionary fuggeftion i No ! For, is not a great part of our trade, at this moment, monopoHfed by Britilh fubje^ under the ma^ of American citizenfhip ? Has not the influence of ^tifli credits, and Britiih politics already formed a coofiderable parw in oar government, and among our merchants i Diiguife it as you will— 1 let pride deny, and fliame fupprefs the fentiment — ftill, it is too evi- dent to every candid and difcerning obferver, that the only fubfifting difference in the opinions and condudt of the citizens of America, tirifes from this fatal caufe. Why, at the moment of reprobating felf-created focieties for civil purpofet, do we gladly fee the formation oi felf-crealed focietiis for military purpofes ; the city cohorts and Prae- torian bands? Why are our merchants, who io anxioufly called forth the voice of their fellow citizens in applauding the proclama- tion of neutrality, fo circumfpeft and fo torpid in giving their tefti-> mony about the treaty ? How comes it, that amidft the acclama- tions of the 4th of July, the treaty is toafled in the little circle of EngliOi manufadiurers, on the banks- of the PalTayik ; and at the convivial tables of the Englifh emigrants on the plains of the Ge- nefee ? How comes it that every man who prefers France to Grea^ Britain — republicanifm to monarchy, — is denominated Antifederaltft, Jacabin, Diforganifety Mifcreant, &c; while men of another hu- mour arrogantly and exclufively afllime the titles of FcderaVtfts, Friends to order, &c. kc. ? But let every honefl American refleft ferioufly and feafonably, upon the means of promoting the interefl and happinefs of the United States, and he will difdain, as well as dread, to augment, by the adventitious force of treaties, that paramount intereft^, which Great Britain has already infidioufly acquired in our commerce, navigation, manufa«Stures, territory, and govcrcmdnt. .il i:l i : ^ i, »■-■; 130 FEATURES OF ■I '.li 6. Befides the injurv eventually to be apprehended from thefe cauTes* tlie treaty is calculated to impair tht initrefi and hoppinif* of the United Sutet» by producing an immediate and violent concvdEoa in the federal atmofphere. For, It ranfacks the archives of our revolutionary tranfaAioni ) and re< judges the folemn judgments of our courts of juftice* It condemns individuals to the payment of debts, from which they had previouily been difcharged by law. It makes the government of the union refponfible fur the contrails of private citizens, and the defalcations of bankrupts. It difregards the freedom of our commerce and navigation : and it rellrains the ufe of our ftaple commodities. It does not exadl a juft indemnification for the detention of the wettern pods. It does not require the payment, ftipulated by the preceding treaty, for the value ot the negroes carried ofF at the clofe of the war. It does mU provide for the freedom and fafety of our feamen, in their intercourfe with the Brittfh dominions. Let any one of thefe propofitiuns be feparately analyfcd, and fuffi* cient cauie Mrill be found to excite and juiHfy popular diflatisfadlion ; but view them combined, and the mind is (hocked with an apprehen- (ion, that the ratijual'nn of the treaty ^ may be the deatb-nuarraia of the union/ V VIII. Tie Brlti/h Treaty and the Conjlttution of the United Statet are at war with each other. I. Self-prefervation is the firft law of fociety, as well as of indivi- duals : It is the radical principle of all political compacts. Nations (fays Vattel) are bound to guard their own prefervaliont and to purfue their own perfeSion. We have inceflant opportunities, indeed, of obferving the operation of this univerfal rule ; in animals of inftinSt as well as in animals of reafon ; in the world of things^ as well as in the world of beings. 3. Self-prefervation, however, is a relative idea: it relates to the nature of the animal ; to the conftitution of the fociety. A man may lofe his human charaffer, without deftroying his vital exi/ience ; and a government may be changed in iit effence^ without being fub- verted in itsfornu. 3. So, likewife, without open aflault or pofitive violence, the fources of animal life may be poifoned, by the imperceptible conta- minations of a luxurious habit : fo, without the aid of terror or force, the legitimate foundations of government may be undermined, by the infidious encroachment of the rulers, and by the fedative acquiefcence pf the people. G6vemroents, indeed, have too generally proved to \x. a kind oi political chryfalis^ paffing, by progreffive tranfmutations, from the grd> of ptpe democracy, to the butterfly of abfolute mo- oarcby. 'k'^ y..- -■ '-i^:: r -.x-.' ■■- —>-^ 'jvs *>;>•:■ ■, ..5',,,'.* m.. v^-:- Mr. JAY'8 treaty. «3i 4. But it will not ytt be denied in Americat that u the peode have the foie right to conllitute their government, the rule of fdf' frefervaiion requires that the government (hould be maintained, tn practice as well as in theory, Juch at they have conftituitd ii. To render it, by any conftrudlion of the written articin of our focial compaA, oil r than a rtpuilican gevemmtntt would be ai fatal a fub' Veruon, a> daring ufurpation, or military conqueft, could atchieve. For, what real difference does it make to a nation, whether its con- ftitution is /ei*ed upon by an enterprizing individual, u in the Swe- diih revolution of 1770 ; or overthrown by a triumphant warrior, as in the recent extinAion of the Polifli monarchy ; or voted out o/doort, as in the diforganizing edidls of the long parliament of England i Thus, lilcewife, for one department of the government to aflume the authoritv of another ; or, by conftrudlive amplifications of its own jurifdidhon, fo to monopolize the attributes of sovemment, as to rendei:thirds of the fe- nators prefent concur." To the exercife of this power no immediate qualification, or refbidion, is attached : but muil we therefore luppofe that the jurif- didlion of the Prefident and fenate, like the jurifdidlion afcribcd to the Britifh parliament, is omnipotent ? To place the authority of our Prefident and fenate on the fame footing with the prerogative of the king of Great Britain, will not be commenfurate with the objedls to which the treaty extends. It m»ft be remembered, that the treaty of peace, by which the rights of fovereignty and foil were ceded by the king of Great Britain to tlie United States, was oegociatcd fe'ii I '■■'\'. m >3» '. FEATURES OF ? i'->. *^«: r*-- •'«t t*. •» •V J "l and ratified under the pofitive fan Aion of an a6l of parliament : And it is exprefsly ftated in Fattel^ that the king of Great Britain cannot, by treaty f confer the rights of citizenship on an alien. B. i. c. 19. f. 214. Now, Mr. Jay's treaty does both thefe things (as will be hereafter demonftrated) without the intervention of the legiflative au- thority of the union. . 6. The confequence of admitting this nnqualified claim to omni- potence, in tranfadling the bufinefs of the nation, would be fo hoftile to the principle and prefervation of our government, that it is an iadifpeBfable duty (obfia prmeipiuj to controvert and refift it. Wlienever the Prcfident and two-thirds of the Senate fhall be defi- rous to counterad the conduct of the houfe of reprefentatives ; whenever they may wiih to enforce a particular point of legiflation ; or whenever they (hall be dilpofed to circumfcribe the power of a fucceeding Congrefs ; a treaty with a foreign nation, nay, a talk with a fav^e tribe, affords the ready and efTedhial infh-ument for accom- plifhing their views ; (ince the treaty or the talk will conftitnte the fttprcme law of the land. That /tub tbingt may bafpeuy let the hii^ tory of Mr. Jay's miiKon and negociation teilify. 7. If the extraordinary treaty'tnak'mg power is paramount to the ordinary Ugiflatiwe ^«(;«r--4upercedes its exercife — and embraces all its otjedts ; let us endeavour to trace whither the propoGtion will carry us. The fifth article of the conftitution vefts a power in two-thirds of both houfes of Congrefs, to propofe amendments to the conjiitution. Let us fuppofe that a defeat in our judiciary, or in any other depart- ment, operated injurioufly to a foreign nation,— could the Senate* and Preiident, uniting with that foreign nation, and excluding the houfe of reprefentatives /ro/o/r a« amendment upon the fubjea? If they could by thefe means originate^ might they not by other means ^eSuatct alterations in the fundamental points of our government ; and make, in fa<^, a new conflitution for us ? By the eighth feAion of the firft article, Congrefs is empowered to iorrow money on the credit of the United States. Suppofe it was de'^med expedient to fubfidize Portugal, iuftead of building frigates, to keep the Algerines within the ftreights of the Mediterranean : — Could two-thirds of the Senate and the Prefident, either borrow, or guarantee a loan for that purpofe iy treaty ? The fame fedtion empowers Congrefs to eftablifh uniform laws oa the fubjea of bankruptcies, Suppofe Great Britain had remarked, that, as her fubjeAs were conf^antly the creditors of the citizens of the United States, fhe was deeply interefled in our fyflem of bankrupt laws : — Had the Prefi- dent and two-thirds of the Senate, a right to incorporate fuch a fyf- tem with the projefted treaty ? The fame leftion empowers Congrefs to coin money^ to regulate the tdue thereof, and of foreign coint and fix the flandardt of weights mud meafures* i :: And cannot, c. 19. Mil. JAY'S TREATY. •«3^ 9oip^k the Birminglntm mandfe^iirer^ ofl^red, on a cheatp filani %6 Tofiply tts with coin ? ^uppofft Great Britain wert pleafed to infift ^{k)n oiir rei^iving her gtiineus at the^r Engltih Vahie, and upon oiir ^romifing not to ntreat, defade, or dip them, ticcording to the cur- Tent pratdlice df £he union ? Suppofe Fi^ticie #ere ddnrous that Ve ^oold adopt the f^ciiol projeift of that republic, reipefting heights «hti niiafur^s P'-^Cbold tdl, or -any, of thefe ^tt'Opoilltidns bis acceded to and eAkbHflied ty treaty ? The ninth fe^on of the faAxe article declare *' that the migration ^r importsition of fuch perfohs as the ftates how exifting ihall think proiper to admit, (hall not be prohibited by the Congrcfs prior to thte yeiir^^htieen hundred and eight." Suppofe Mr. Wilberforce had negociated on the part of Grea!t Britain, inftead of Lord Grenville, and had made the prohibitioh of the impdriation of flares into the United States, in the yeir eigh- teen hundred and eight, ^n« qua nbn: — ^Could the Prefident and two-thirds of the Senate admit atid legitimife the ftipulatidn 3jr treaty f By the conftitution, Congreft has ^e power to conftitute tribunals inferior to the fupreme court. Sbppdfe 'Gre^t Britain defired, for the future, as well as for the =paft, to eftablifh a tribunal of her own judges in America, for de- ciding cdntroverfies between Britifh fubjeft? ahd American citizens : -— ^ould this be accompliflied through tlie medium of a treaty ? By the doniHtatidn, Congreft is endowed with the power df de- tlaritrg war. Supipofe Lord Grenviile had inflfted, and Mr. Jay had itj^roved, i!hat the treaty (honld be an ofFenfive atnd defenfive atliahce ; dnd, that We fliould forthwith join Great Britaih in her hdftilities againft J'rance :— Could the Prefident and Senate thus negoc'tate us into a ■war? Jy the conftitution it is declared, «* that no perfon holdi^ng any dfHce, &c. uhd^r the Uhiteid States, fliall, \vithout the confent df Congf ds, accept of any prefent, fertiolutnent, dffice 6r title, of ahjr kind whatfoever, 'from any iting, prince, or foreign 'ftate." Suppofe our envoy had been offered a preftht or a title by tht Britifh mdnarch — Airould thfe corlfent of thfc treaty be tantatnount to the confent of Congrefs, for ihe .purpofe of approving arid juftifyin^ his acceptance ? By the cohftittition it is provided, that all bills fdr raifing revenues, fhall originate in the houle of r^prefehtatives j and, thit no nidney ftiatll be drawn from the treafury, but in cohfeqUfence df i(ppro|fna- iions made by law. Suf^fe Great Britain had ftipulated, thSt as fbofl «s i ■ ■ I I l! ■ «. Ij6 FEATURES OF court, exifiing according to the confikution, tiian/or the executtMe to create< a new and extraordinary tribunal, incompatible with the comflitution ; inafmuch as it can only aA upon the alienation of the jurifdiAion,- previoufly and excluftvely vefted in our domeftic courts ; — die juriiHic- don of hearing and deciding judicial queftionsy i^n private contro- verfies, between Britifli fubjedts and American citizens ^ 7. But this is not the only infraAion of the conftitution, iBvolv«d in. the arrangement aMuded \jQ—ihe obligation of private contrail* it trantfer- red from individuals to the public. The fibers of the conflitution, in declaring that ** all debts contradkd, and engagements entered into, before its adoption, (hall be as valid againft the United States under the conftitution, as under the confederation," could hardly antici> pate, thatUiey charged the treafury of the union with the payment o^ all the outftanding debts of the individual citizens of America i And when Congrefs was vefted with a power " to lay and colleA taxes, to pav the debtst and provide for the common defence and general welfarer of the United States;" it certainly was never contemplated, that tha government of America became the infurer of every Britifh merchant^ againft litigious delays, and fraudulent or accidental bankruptcies i^ It cannot be fuggefted that Great Britain afts in a ftmilar manner upon Qur complaints of the fpoliations on our trade. For, the injury that we have fuftained, originated in an aS of government — ^the injur* ed individuals are, in the J!>^ inftance, bound to apply to the Briti/h courts of jufiice-~9xA the public are only refponfible in the lafi refort, for the individual aggreftbrs. (2.) By the conftitution of the United States, Congrefs is empowered to eftablifh *' an uniform rule of naturalization ;" and that power has accordingly been exercifed in an a6l that provides, among other things, that * no perfon heretofore profcribed by any ftate, fhall be admitted a citizen, except by an adl of the legiflature of the ftate in which fuch perfon was profcribed." By the Treaty, all the Britiih fettlers and traders, within the precinAs or jurifdidtion of the weitern pofts, are allowed an election either to remain Britifh fubjedts, or to become citizens of the United States : And it is agreed, " tYi^t Briti/h fubjeSs who now hold lands in the territories of the United States, may hold, grant, fell or de- vife the fame, to whom they pleafty in like manner as if they were na- tives; and that neither they, nor their heirs or ajjignsy fhall, fo far as may refpeA the faid lands, and the legal remedies incident thereto, be regarded as aliens." Remarks. Is not the treaty at war with the conjiitution in this great and delicate point of nJturalization ? A Britifh colony is, ipfofcHo, by the magic of Mr. Jay's pen, converted into an American lettle- ment ! Every Briti/h fubjeS, who now holds lands (and when we recolledl the recent ipeculations for the fale of lands, how can we calculate the extent of the adoption ?) is, without ordeal or reftraint, endowed with all the rights of a native yfTnetican ! If it is poffible, by treaty, to give the rights of property to aliens, may not the civil rights of the community be difpofed of by the fame potent inftru- iiii Mr. JAY'S TREATY. »37 meat? If it is pofSbk, by treaty, to confer citizenship on the Britifli gatrifon at Detroit, and its contiguous fcttleca, why niay we not, l^ treaty, aUb confer an. iziftaotaaeous citizenAup on everyMght^em* grants, that (baU hafl|eD to our fhores fromGeiraany ot Irdand I b may t be amifs here to intimate a doubt of the. power o£ the federal gOf vermnent to regulate the tenure of real eftates : it is no whece ex- prefsly given, and, therefore, cannot be conftkuttonaJly impUed; and it £eems to be among the necefiary and naturai objeds offiaie k- gtilation. But iet us prefume (what la highly, probable) thajt there afc amongft the fettlers withm the precinAs or jurifiliftioo of th^ veftem pofts, certain prafcribed pi^rfons—-can the treaty, ia fyite of ttciawf reftore them to the rights o£ cittzenfhip, without; the authQ» ritatiy^ afl'^nt of the ftate that proftpcibed them i Agaio-r-Is. exery man whofe eftate was, Habje to confifcatioaai a traitor, or as aq alien, in oonfequepce of the revolution, ei^UlJfid now ta holdiUndi as a. natixe?. The Fairfax claim in Virginia ; the claim of the Fenn^ ia Feonfylr vania ; and the claims of GaUoway, AUen, &c &c. may hence de^ wit a dangerous principle ofre&fcitation. Look to. it, weJh (3.) By the con(Htution, ^ongrcfs is empoweted to regulate comr merce with foreign nations. « By the treaty, the comoiecce of the United States, not onfy dir reAly with Great Britain, but incitkntally with every foreiga nation, is regulated. Remarks. There is not a fource of le^ative jurtfeH^n, upon the fiibjeiSt of commerce, which is not abforbed by this executivtcomr pt^ The power of regulating commerce with foreign nations, is exprefsly and fpecifically given to Congrefs : Can a power fo given to one depsii^nient, be divefted by implication, in order to aioflify and invigorate another power, given in general terms to another departr ment ? But more of that herea&er. (4.) By the conftitution, Congrefs is empowered to regulate com* merce with the Indian tribes. By the treaty, it is agreed, that " it (hall at all times be free to Britifti fubjedts, &c. and alio to the Indians dwelling on either fide of the boundary line of the United States, fireely to pais and repa& by land or inland navigation, into the refpe&ive territor' :s and coun- tries of the two parties on the continent of America, 8cc. ai^d £tedy to carry on trade and commerce with each other." The treaty, likewife, provides, that ** no duty of entry (hall ever be levied by either party 00 pelt,tes brought by land, or inland naviga,tion into thp faid territories refpeftively ; nor (hall the Indians paffing or repafRi^g with their own proper goods and ef&ds, of whatever nature, pay for the fame any impoft or duty whatever." Remarks. It is eafy to perceive that the ftipulations, in fevour of the Indians, were introduced at the inftance of Great Britain ; and her motives are not even attempted to be difguifed. Her traders will boaft of the favour and fecurity, which flie has compelled America ta grant to the Indians ; and fo engage their confidence and attachment t while the privilege of free paflage and the exemption from duties* % ' ! ! •Si .iK-i': 'J FEATURES OF will Inevitably throw the Avhole fur-trade into the hands of the Britiilu The furrender of the weftern pofts, under fuch circumftances, can produce no lofs to Great Britain, and will certainly be of no advan- tage to America: Itwill not add a fliillingto the profits of our Indian trafHc ; nor infure us a moment's fufpenfion of Indian hoftilities ! But, to profecute our confiituttonal enquiry — what right is there, by treaty^ to regulate our commerce with the Indian tribes i Whenever a treaty of peace and amity has hereto/ore been concluded with die Indians, it has been the conuitutional praAice of the PreHdent, to call on Con- grefs to regulate the commerce with them. Such calls were totally unnecefTary, if the fame thing might as well and as lawAilly be done by treaty ; and if it could not be done by treaty in the cafe of the In- dians, neither could it be done by treaty in the cafe of i foreign na- tion .' For, both are exprefled in the fame terms, and included in the fame member of the feAion. *' Congrefs (hall have power (fays the conftitution) to regidate commerce with foreign nations, and among the fever .1 nates, and with the Indian tribes." What right is there by- treaty to declare that no duty of entry (hall ever be levied by either party on peltries, life, (and a fimilar promife is made in cafes that more imnt^diately afFe tide entirely out of confideration : for, by that propofltion, though they Jhould fave the treaty, they effeSually dejlroy its author. They .are hafly and premature for anotlier reafon : the twelfth article is to \x fufpended for the declared purpofe of negociating fomething as a fiibjli' lute s and, therefore we mult confider its principle, in order to aicer- :it,: IP %M: I l'r';i III: 14b Features of i i I'M 5* "'■»• :*4* I! >4i. ipi^^ l^in hovir far any tnodificdHM of it could be rendeiM palataUe. !Bu», v«t coit/Ktutif/nal grdundf when it is declared, ^at no tNty fliatl il|)r An^ be laid on articles exported from any ftate, is tt hdt libfurd, or kicked ■to fuppofe, that by treaty the e^fportation dfthe HHiUfs ihimfehet cSih be prohiUted ? The obvious intention of the conft'itution is to encbu- V;tge our expoti'traHei — the immediate ieffbdl of i^ /mi(y isto dl^^A imd annihrlaete it. (7.) Therfeure many oiiher points in Which a coin/ion beiut't Jr- 'M>een the cditftiltttlon aha the treatyt bat to whidi the fcope «nd hattfrfe lof thefe ftriiftares will dot kdmit a full iitteDtioii. It mfty be cnrforfly remarked, however, thst a ceffhn 0/ tefrftoryf which wfll, probably-, be the confe({Uclnce xX fettling anew the boundaries of the United State», and eVen the aflual ceffion df tlie precih^ df the Wefterh pofb, Ihaagh ih favour 0f inSvidualtt krfe Utbj^^ 'feir li^riotte rdfte^on. M apart of the United States may be ceded-<-^ a wliok ^{iitt *ay 1)fe teded, what becomes of the ;guarantee df ii republican forin -of got- Vc^ment to every ftate ? The propriety df preKhting this confidfeiir- tion to the public mind, will be allbwed by thofft t^ho knoW, thai^ ih the cdurfe df the finatwitd debate^ the Tl^t «/* cedthg by "trfeity -b Vfhbk ftate, nity, ntlif'nvLmhtr df the Jfii^es, Jboii of it majority, 4Ut^ iMldly aflferted, and nrennoafly arguied ! ! ! (8.) It may not be antiis, like\^e, to add, that our ^gb^dmmfcnt lias no ifiore right to alUnafc powers that Ure givin, dian it -has t6 Mfufp patHers that are Hot givin. For 4nftahce, On kid of C'^tgrefi \iduld not (and can a ifreaty ?) fiirWndtr the right Yefer- 'ences to a friendly nation — and the right of fii^ndihg airiiihdus in- tercbnrfe wSti any nation ? Great ckmdurs have been raifed kga)(ifft ir& e*irctfe of thde rights ; and, iiddoubtedly, they (hould only 1* itfed in the lajl refort ; but they are 'rights reccgnifed by tkektw of ita>- tHohs ; atid they ate rights often efTential to the duties oifelfprefer*vk- idroif, and fometimes necefFaty to the accomplifhment of rtciproedl fujiice. 10. Having taken this review tif the aBual warfate betwein ilk Ikottftitutian and Mr. 7tty*t diphtttalic work, and of the deftru^ive coofequences of the claim of the executive, fo' bind the Uhifed Stater, hi all cafes whatfoever, by treaty f let us recur to the pdfttidn with virMch the prefent feature was mtroduced, namely, fhe duty of pre- fsrvii^ the idnftituthm, fuch as it was made and intended by the-pebpk, and we fhali find, by a faithful comparifon of theory with praAi^^ ■fliat the government of the United States may be tranrformedthrough the UediUm of the tredty-making power, from a republic to an oligarchy-^ from a free government offrveral departments, legiflative, juffltiial aftd iXecutive — tothe Jtrnple ariflocratical govemmeat of a Praident and Senate. 1 1. This fatal efFeA, however j of converting our govermnent frdM the fyftem which the people love, to a fyflcm which they itbhitr,^-^ from what it waamade in^eory, to what it was never intended t6 ht ftiadc by pra^ce-»-<-6sm only proceed from error or corruption, ft Mr. JAY'S TREATY. 141 Would ill become the wrkcr of tbefe ftrifturcs, who fo freely, but it is hoped, fo fairly, exj^e^s an opinion, to impute to any man or fet of men, a linHler an i traiter^us defign againft the conftitution of ouf common country. Th^ ..lunciations fulminated by the Nciu- Tork CamiffuSf and his CmaR circte of coadjutors, harmlelsly expand tlMifif(iIres in the violence of their explofion : like the denunciations of Mf Tiarot they fpring from an arrogant claint of infaUib'tHty ; and Rke them too, will only excite the dertftnn or the difgujl of an enlight- ^d nation. Is it credible, that every citizen of the United States, from Georgia to New-Hamp(hire, who reprobates Mr. Jay's treaty, muft either be an enemy to our government, or a rancorous incendiary ? Is it to be prefumed that nOi nian can utter a fentence of (Mipproba- tion refpeflSng the prlndpks of the treaty, without feeling a fentiment df animofity, re^fHng thf. per/on of the .^..agociator ? Are we really fbch flaves to fadHon ; — -fo trammelled with party ; — ^fo infenfible to TRtBe, tnith and patriotSm ; — ^that every thought which we conceive, every exprelTion which we ufe, on this momentous occafion, muft be CoAnedted with the poflible (but tt is ardently hoped the diftant) event rf ekS'mg a fnceeffor to the prefent chief ma^Jlrate of the union ? Yet, fidi are the bale and fordid motives, paiHonately and wantonly alcri- bed by Caniilhs and the fcanty troop of advocates, who follow him in fttpporting the treaty, to the great hofl of the American people, r'l/ing (as it were^ in mafs to condemn it. If it could be thought a convenient, a reputable, or a neceflary tafk, how fuccefsfiilly might the argument of recrimination be employ- ed! Who, it could be alked, are the perfons thatfupport the treaty ? What arc the motivet that adtuate them ? Is it furprifing that the men tvho advifed the treaty, or that the the man ivho compofed it, fhould endeavour, by the force of ingenuity, art, or defamation, to refcue it from general maledidion and impending rain? Was it not to be exped- ed, that zfaSion, nnifortnly eager to ejiab{}fh art affiance ivith Great Bri- tain, at the expence of France, would ftrertuoufly attempt to procure the ratification of any injlriiment, calculated to accomplifh that oh]tSi ? Does not confiftency require from him, who openly projected in the Federal Convention, and from thofe, ivho fecretly defire in the execu- ttonofpuHic ojjiees, the eftablifhment of an arfftocracy, under the in- fidious title of a« energetic fchtme of government, that they (hould ap- prove and countenance every praftical application oi any medium, by which the barriers that feparate out conftitutional departments, may be overthrown, and the occafions for interpofing the popular fanclion of the legiflature, may be fuperceded or avoided ? Is it not naluroi, that Bvitifli merchants and Britifh agents — ^is it not neccjfary, that Britifh debtors and Britirti faftors, — Ihould clamoroufly unite, or ta- citly acquiefce, in the applaufe beftowed upon a compaft, which, however detrimental to America, is beneficial to Great Britain — the Tiationof chief importance to the allegiance and affeSions of fos>.c of thofe charafters, and to the opulence and fubfi/lence of all ? Or, if the paltry idea of an eleflioneering )Jan muft be forced upon our con- C^eration, is it not, at leaft, as Itkely. that the party, luhiih aims at T 111 Ifi'': ir i,::.i ilf ' m. ,\ • !.i ■ fi it.. % ■ 1 1 'K U ■! ! N i«'i >42 FEATURES OF mah'tng a Prcjident of Mr. Jay^ wi//, on that ground ahtift exert »/- felf in " The Defence" of the treaty t as that the party, urhich ii defirous of conferring the fame elevated office on Mr. Jefferfon, will, for no otlier reafon, attempt to blaft die fruits of his competitor's negociation ? Confidering, indeed, that Camillut himfelf, by con- fining his " Defence" to the treaty at adv'tfed to be ratified by the fe» natty virtually abandons the treaty as negociated and concluded by Mr. Jay : — and alfo, confidering that a part of Camillu/'s defence o( the prefent treaty arifes from the ambiguity that Mr. Jay had left in tlie former treaty with Great Britain (upon which, however, his character as a negociator was founded) we might be led to fuppofe, that Mr. Jay's pretcnfions to the wifdom of a (^atefman, and to the ftation of a Prefident, were not deemed, even by hit own farty, to be any longer tenable ; but that Canillut iiil! condefcends, on the obvious prefumption of a fubfifling ti\ alfliip, to impeach the minifies rial charadler, and to depreciate the official performances, of Mr. Jefferfon. But why fhould we arbitrarily abufe^ inftead of endeavouring ra- tionally to convince each other \ We all have the fame right, from natural and from focial law, to think and tofpeak : it is true, that we do not all pofTefs the fame powers of reafon, nor the fame charms of eloquence ; but when men are on an equality in the pojieffton^ as well as in the right of exercifingy thofe endowments, there can be no ami- cable wa of ac^ufling a difference of opinion, but that which is adopted for adjufting all the other differences or a free people — an appeal to the voice of the majority ! Now, let it be allowed (and fb far ought it to be allowed, but no farther) that Mr. Jay, who negociated the treaty ; the twenty members of the fenate, who aifented to a con- ditional ratification ; and Mr. Hamilton, and the New- York i:h?m- ber of commerce, who have appeared in fupport of it (anenumera^ tion that comprifes, it is believed, all that have hitherto avovutd a ferfeS approbation") are in the pofTeiEon of as great a proportion cf information, integrity and talents, as a like number of citizens, fe- ledled for their approved wifdom, virtue and patriotifm, from the aggregate of thofe who have publicly condemned the treaty ; and then let it be candidly anfwereo, which fcale in the balance muft, of right, preponderate ? After fuch a feledion, there will Aill remain the great body of the community in oppofition to a ratification ; and, as members of that community, thoufands of individuals, who hon- ourably ferved during the late war, in the field and the cabinet, and many of whom at this moment ferve with zeal, fidelity and wifdom in the various departments of government. Is it not then the fymp- tom of an arrogant vanity-~-of a tyrannical difpofition— to ftigmatife fuch an oppofition to a pryeRed meafure^ with the name o(*FaSion?* The violence offered to Mr. Hamilton's perfon in New-York, and to Mr. Bingham's houfe in Philadelphia, have juftly excited the in- dignation of every (Incere republican ; but even that reprehenfible and odious condu tutioo) ** the people were peaceably aifcmblcd, to petition the go> Tcmment for the redrefs (or rather the prevention) of a grievance." Bat let the pardon of the reader be granted for this Higrejlon ; an J we will return to a delineation of the feature that lies before us. 1 3. Declining, then, either to create, or to follow, a bad exam- pie, let us afcribe the deviation from the principles of our conditu- tion to an frroflfoui conJiruSiotit rather than to a wilful perveijion i and let us exert our ikill in averting the evil that threatens, rather vhan indulge our refentment in convicting thofe who labour to pro- duce it. Our government, therefore, being a government of departments, it h fas we have already obferved) inconfiflent widi the duty offlf prejervatioH ; or, in other words, it muft proceed from an error in confiruffion ; that one department (hall aflume and exercife all, or any, of the powers, of all, or any, of the bther departments. — " The departments of government (to adopt the elegant figure ufcd by an excellent judge, in a late admirable charge to a Philadelphia jury) are planets that revolve, each in its aoproprlate orbit, round the conftitution, as the fun of our political lyllcm." Thus, if the legiflative, executive, or judicial departments (hall encroach, one upon the orbit of the other, the deftru(f\ion of the order, ufe, and beaur; of the political fyilem, mud as inevitably cnfue, as the de- (Irudlion of the order, ule, and beauty of the planetary fyflem would follow, from a fubverdon of the eflential principles of attradion, re- pulfton and gravity. * 1 3. It was neceFary, however, that the power of making treaties with foreign nations, (hould be vefted in one of the departn^ents of the government : but the power of making treaties is not, in its na- ture, paramount to everjf other power ; nor does the exercife of that ]K)wer naturally demand an exclufive jurifdiAion. A nation may car- ry on its external commerce without the aid of the treaty-making poiver ; but it cannot manage its dome/lie concerns without tne aid of the le- giflative power : the legiflative power is, confequently, of fuperior importance and rank to the treaty-making power. Again : The le- giflative power exercifed conformably to the confiitution, muft be direfl^, univerfaf, and concluiive in its operation and force upon the people ; but the treaty -making power is fcarcely in any inftance independent of legiflative aid to effedluate its efforts, and to render its compads obli- gatory on the nation. A memorable occurrence in the Englifli hiftory will ferve to illuftrate both of thefe portions : It is the fate o( the commercial part of the famous treaty of Utrecht, concluded be- tween France and England in the year 17 12. " The peace (fays Ruflel in his Hiftory of Modern Europe, vol. 4« p. 45 7 ) was gene- rally difliked by the people, and ail impartial men reprobated the treaty of commerce with France, as foon as the terms were known. Exception was particularly taken againft the 8th and 9th ar- ticles, importing " That Great Britain and France ftiould mutually itji l|v:l vemment ought to be kept feparate and diflinfl, each revolving in its proper orbit, and that no other judicial tribunal could be ereAol by a hwofthe legi/lative poweTy much lefs by a treaty of the eKtcutive power, than what the conjtitution prefcribesy or exprejsly permitt. On this interefting fttfajetf); we fortunately poflefs the opinionB of the judges of the fupreme court, and of the judges of fome of the diftridl courts, in the «afe of the iCt of Congrefs (already mere than Mr. JAY'S TREATY. »49 once alluded to) it/tich they have unanimou/ly adjudged to be wifon- ^itutimal and void. Eztradlfrom the opinion oi judge* Iredell andSiTOREAVES. ** Firft : That the le^flative, executive and judicial departments are each formed in a feparate and independent manner ; and that the ultimate l^fis of each is the conftitution only; within the limits of which each department can alone juftify any a^ of authority. *< Secondly : That the legiflature, among other important powers, unqueftionably poiTefTes that of eftabliihingcourtSfinfuch a manner as to dieir wifdom fhall appear beft» limited by the terms of the confli- tution only ; and to whatever extent that power may be exercifed» or however fevere the duty they may think proper to require, the judges, when at^inted in virtue of any fuch eftablifhment, owe im- plicit and unreierved obedience to it. ** Thirdly : That at the fame time fuCh courts cannot be warrant- ed, as we conceive, by virtue of that part of the conftitution dele- gating ^'iM/rria/ pov/eTi for the exercife of which any aA of the legifla- ture is provided, in eJcerciling (even under the authority of another . "X) any power not in its nature judicial, or if judicial, not provided J ./J on the terms the cott/Htutlon requires. ' ourtbly: That whatever doubts may be fuggcfted, whether Si^ ^ower in queftion is properly of a judicial nature, yet iniifmuch as the decilion of the court is not made final, but may be, at leaft, fufpended id its operation by the fecretary at war, it he (hall have caufe to fulpcft impofition or miftake, this fubjedts the decifion of "the court to a mode of reviiion, which we conlidcr to be unwarranted by the conftitution : For, though Congrefs may certainly eftablifh, in inftances not yet provided for, courts of appellate jurifdlftion ; yet, fuch courts muft condft of judges appointed in the manner the conAt- . tution requires, and holding their offices by no other tenurcthan that of their good behaviour ; by which tenure the office of fecretary at war is not held. And, we beg leave to add, with all due deference, that no decifion of any court of the United States can, under any circumftances, in our opinion, agreeably to the conftitution, be liable to a reverfion, or even fufpenfion, by the legiflature itfelf, in whom no judicial power of any kind appears to be veiled, but the import- ant one relative to impeachments." £xtra(fl from the opinion of judges Wit sost Glair, and Peters. *• The people of the United States have veiled in Congrefs all legl/lathe powers, granted in the conftitution. " They have veiled in one fupreme court, and in fuch- inferior courts as the Congrefs fhall eftablifh, the judicial power of the United States. " It is worthy of remark, that, in Congrefs, the whole legiflative power of the United Slates is not veftcd : an important part of that power was exercifed by the people themfelves, \yhen tliey • oidainld and eftabliflicd ths conftitution. * - '' . ' * ' U ' ' • I'" ! m' m "ts •1 i:v ^50 'FEATURES OF «is iketch of them to fo great a length ; and yet, more circumftanees are recolle^cd, that might have been inferted, than could, upon fi fair recondderation, be retrenched. If it (hall, in any decree ferve the. purpde^ of truth,, by leading, dlrou^ the medium of a candid inyeftigation, /» it yiuV^ konmraUe, .and patriotic ikcjfion, the deHgn with which it was writtea will be completely. acconipliAied, whether ti4TJeiC4TioN or K^yKC- s-."?.v is the refult. But, before the fubje(fl is clpfed, let the aitizens of the union be warned from too credulous an indulgence oi theif prejudicet and^ their Jears. The difcordant cry of party is loud ) and the phantoms of war aiTail the imagination : yet, let us not be deluded by ilratagem, nor vanquifhed by terror. The queftion is not a qucdion between party and pany, but between nation and nation : — it is not a quef* tion of war or peace, between military powers ; but a queftion of ]^licy aipd 'WV^i^ between conunercial rivals. Tl>e fu^e^ is too iWMneiitOVi^* tP. be treated a« the fbot-baU of contending fa^ion^ ; — • it appeals; &on) d»^ p^fliont tp thf judgn^eati froni tliie jre]40>i).efs to the patriotnihi of ^ery citizen 1 That thfi JSt^i/h treaty t pr a Bfittflf w(ir, is a nfceffarj alternattve^ will be pojpe fiilly contrpyected, if the writer's preileQjt intention of deli«^aM|}£ *< fs4Tf/M5 OF THR Dkfknce" fliaU be carried intQ r^ki&i, ]pMt, in tlie mean time, let a few felf-evident prppolitions contribute to^ relieve the public mind, fron^ tl;e wej^lit of that ap< prehenfion. 1. The difpofition of Great Britain, maoifefled by the order of tHe 6th pf November, 1793, by the fpeech of Lord X>orchelter to the Indian^ aad by the repeated iuvalions made, under General Sim- coe's authority, upon pur territory, is mtuvally hojUle to the United States, 2. £«en if the United States could, by any means, foothe and con* vert that difpo^tion ifito amity and peace, the proj(iled treaty is tqo high a price to pay for fuch a change. 3. The refiual to enter into the projefted tl-eaty with Great Bri- tain, is n<)t a ju/l (ciufe of -war; and if a pretciKe, only, is wanting, it may be fquod in ^e toafts at oiur feftiyals, as well as in the a(fls of oiu* government. 4. But the ratificadon of the treaty will aifuredly give uipbr^e to another nation—-Xo an ancient ally. 5. If war is inevitable either with Great Britain, or with France, it would be more politic for the ftate, more congenial to the fenti- ments of tj»e people, to engage tiiq former, than the Utter, power. 6. In cafe of a war wilh Gr;at Britain, we have aflurancc, that France will aid us with oil the energy of her triumphant a.ms. - r 7. In cafe of a war with Fraqce, we ought not to count u][on the affeitionsy and we cannot rely upon tlie power, of Great Britain, to befriend us. \\,'r:-' - II. [ 15* 3 [from the PHILADELPHIA GAZETTE.] i> '1 fTiew of the Commerce of the United States^ as itjiands at prefenty and as it is fined by Mr. yafs Treaty, '■' I. Aawd State. AMERICAN (hips from Europe enjoy a protecting duty of ip per cent, on the amount of duties on goods» wares, and merchandiles, imported into ithe United Sutes in foreign bottoms from Europe, and of ^ to 50 per cent, on teas imported in foreign bottoms from' A fia or Europe, paid by foreign bottoms, more than is paid on fuch goods ifnported in our own vefTels. . Foreign bottoms pay alfo 44 cents a ton on every voyage, more than is paid by Ame- rican {hipping ; all which had been allowed by the federal govern- ment, to encourage American fliip-builders, mariners, mechanics, merchants, and farmers. I. State by Treaty. By treaty, America cedes to Great Britain, the right of laying duties on our (hips in Europe, the Weft Indies, and Ada, to coun- tervail thefe, and engages' Aot to encreafe her duties on tonnage on this fide, fo as to check the exercife of this right : in confequence Britifli (hips may be put, at the difcretion of the Britifti government, on exa£Uy the lame footing, as American (hips in the carrying trade of Europe and Afia. i. jiaual State. Americn fhips, of any fize, now go freely to all the Britifh Weil: Indies, fell their cargoes, and bring returns as it fuits them. %. State by Treaty. By treaty American (hips are to be reduced tofeventy tontf in or- 4er to be admitted ip the Britifh Weft Indies. 3. Jaual State. American /hips may now freely load melafTes, fugar, coffee, co- Qoa, or cotton, to any part of the world from the United States. 3. State by Treaty. By treaty Arnerican fhips are to be totally prohibited this com- merce, which is to be carried on under any flag but theirs. 4. jlSual State. American citizens can now go fupercargoes to India, fettle and refide^ and do their bufinefs there. VIEW OF THE COMMERCE, &c. m fates, ixed . „.,.;V duty of res, and bottoms a foreign ore than bottoms by Ame- il govern- echapics, of laying to coun- nnage on ifequence ernment, iog trade ilh Weft <*, inor- ffee, co- ates. his com- ttle and 4. State by Treaty. By treaty no American citizen can fettle or reilde in thefe ports, or go into the interior country, without fpecial licence from the local government, who may, under colour of this, impofe what obftaclet they pleafe to the commerce. 5. jlBual State. America now enjoys the right of regulating commerce, (b as to encourage one nation and difcourage another, in proportion to benefits received, or injuries felt refpeftively. y State by Treaty, All this aband*^" \ \ treaty fo fax as refpedls Great Britab ; no duties can b«. . 'd or 'ritifli goods but what .i>ii zpply to all other natiotas firom whom we import goods — no enioargoes on ex- ports to Britifh ports, but what muft apply to all nations alike. 6. Jaual Stats. American fhips now freely navigate to the Britifli dominions in India, and from thence proceed with cargoei 10 any part of the world. 6. State by Treaty. By treaty American fhips are admitted as ufual into the Briufh ports of India, but prohibited carrying any return cargoes except to the United States; prohibited alfo from the coafting trade in the Britiih ports of India, from which they were not, that I know of, before excluded. 7. ABaal Stale. * Timber for (hip-building, tar, or rozin, copper in fheets, fails, hemp, cordage, and generally whatever niay ferve diredly to the equipment of veflelsj not contraband by former treaties of the Uni- ted States. 7. State by Treaty. All thefe articles made contraband by this treaty. 8. Aaual State. American (hips carrying providons, by America claii^ed as hav- ing a free right of pailage to the ports of their deftination. 8. State by Treaty. This claim now apparently waved ; fuch American fhips, when taken, to be allowed indemnity of freight, demurrage, and a rea- fooable mercantile profit, the amount whereof not afcertained. 9. Jaual State. American ports open to prizes made on Britain by France ; and America pofrefTed of the liberty to grant fimilar douceurs to other nations, as flie fees fit in future <:ompa(fts with them. 9. State by Treaty. American ports now opened to prizes taken by Britain from any nation except France, but fhut to prizes taken from Britain by Spain, or any other power not favoured in this way, by treaties al- ready made ; of courfe difcouraging to our future negociaticns with all powers, France and Britain excepted. *? ^ . ■in 111. 11;: ft' 'I 'i »5* VIEW OF THE COMMERCE 1' r vX lO. jiSual State, Amsrican fhi|m allowed at prefent freely to enter Britifli porta.in iuFdpe» the Weft Indies and Alia, but ihut out from the tea»]^rtt^ 4^ IkkMk-^Scotia aad Canada. 10. State bj Treaty, American (hips allowed to co into the(e ports* but under new ttftridibnft of fiMr in the Weft Indies, and of latitude pf trada in the Eaft Indies } the poru of Hali&x, Quebec, &c. |hl[ ihut tQ. America. II. 4SualStaU, American fitips tins partially allowed entr^noe into Britiihports^ 11. State by Treaty, Briftiih fhips allowed univerfai entrance into all our ports. 13. jBuul State, American (hips pow fail, though nqt under naval protection, under Ipuramee of all the Britiib effeds ppiTetfed here, which might be nfede anfweraUe for our floating property, if unjaftly feized on b)^ Great Britain in cafe of a war, lo much apprehended by the chambnerican ihips deprived of this guarantee ; (equeftra- titat or confifcations being declared impolitic and unjuft, when ap- plied to ftocks, or banks, or debts ; though nothing faid about them when applied to fhips or cargoes. 13. jlSual State. Britilh debts now recoverable in the federal courts of the United States, but repoGng on the fblvency of the debtors only. 13. State by Treaty. By treaty a new court of commiffionefs opened on this fubjeA, with immenfe power and guarantee of die United States, who inuft meet, indeed, at Philadelplua, but may adjourn where they pkafib. No« thing faid of debts due to Americans in England, if, by legal im- pciimients, prevented from recoyery there. 14. ASual State. America fends Mr. Jay to recover redrefs for fpoliations on our «gltimerce a^ually Aiftained. 14. State by Treaty, By treaty a court of coinmiffioners opened, who are to fit in Lon? don without power of adjournment, as in the cafe of the commilTion 'for debts. Americans muft, therefore, traofport themfelves and claims to London, and employ counfel there, to recover what the commiffioners (hall think fit to allow th^m : admirable compenfation indeed! 15. ABud State. American (hips much plagued by Britifh privateers. f \\. StaUby Treaty. ^ By treaty the piivateerfmen are to give 15,00!. to 3000I. fl^rling fecurity for their good behaviour. O? THE TJNITED STATES. W i6. ^OmtlStaU, 'AtMrioon 'citiieoi may now expttnate 'iia4 liinrve ia,fi}ffag|i 'tipiititrics. 1 6. Str.te by Treaty. ^ By 'treaty th«y are declared piiatcs, if ieryiagtagaiaA Gffat-iBrU (fMB } but no provifion made to.giHfid.Am«ifiao fa nwni it y pitlMwqt forced to ferre m BrittHi (hips. 17. ASuaiSktU. 'America poflciTes claims ,to.a.large . amount nnMCOUHtioSvwm ^earricd dff, and ^tlM WeftcxaJBoib .dctUM^iain riiM9l«M)n -m^tj/fi treaty of 1783. ■I'], SiaUbyTnti^y, Thefe claims all waved. Iiy the treaiy) fVithQiit,j«famp«e lAiUie %ierit9 of thefe pretenfions. ^ The eafUng tn> of theabove, .it fuhmitted io tJie .Chamber ofCflOH Mpserce of New-York. Errors, outftandings, and omiffioBt Axcepted* PkiJatUlfbia, July ij, 1795. li!' Refolutlms of the citizens of Bojion^ vt%ii 'meeting legally convened by the SeleB-meny y^ly 13, 1 7 95 > reJpeEling the Treaty: late- ly concluded between Lord Grenville .and \Mr, y.ay. "TJJESGLVED, as > the fenfe of. the inhabitants of this toww- XV That the aforeTaid inUrument, if rati6ed, wiiU.bei.hi^ly^i^^i- ^'rious tothe eommercial intereftsof the United States,, derogatory .to "t^eir national honour and independence, and may .be .danger9USt46 thepeace: and happinefs of their citizens. The reafons which have induced tbisiopinionare.aSiibUaw,<«ye. 1. 'Becaufe this compa*^ profe&sl^ have no reference tOithA;ine- ''tits of the complaints and'-pretenfions of the contrafling parties t .but - in Malitythe complaintS' and pretentions .of Great Bxitaio, areluily provided for, while a part only of thofe of the United State^.M^e -|>een brought into confideration. 2. Becaufe, in the ftipulation which furrenders i««r pofts pn; libr ..weflern frontier, no providoo is made to indemnify the United States' 156 RESOLUTIONS OF THE I! '< for the commercial and other • loflcs they have fuftained* and the heavy expenfes to which they have been lubjeAed irt coniequence of being kept out of pofl'eflion, for twelve years, in diredl violation of the treaty of peace. 3. Becaufe no indemnification ii to be made to the citizens of the United States, for property taken from them at the dofe of the war, the reftitution of which is provided for in the fame treaty. 4. Becaufe the capture of vefTels and property of the citizens of the United States, made under the authority of the government of Great Britain, is a national concern, and claims arifmg from fuch captures ought not to have been fubmitted to the decifion of their admiralty courts, as the United States are thereby precluded from having a ▼oice in the final determination of fuch cafes. And becaufe the indemnification propofed to be made, is to be fought by a procefs, tedious and expenfive, in which julHce may be delayed to an unreafonable time ; and eventually loft to many «./ the fufferers, from their inability to purfue it ; and becaufe this mode of indemnification bears no proportion to the fummary method adopted for the fatisfa^lioii of Britifli claims. 5. Becaufe this compaA admits Britifh fubjedls to an equal partici" pation with our own citizens, of the interior traffic of the United Sutes with the neighbouring Indians, through our whole territorial dominions ; while the advantages oftenfibly reciprocated to our citi- zens, are limited both in their nature and extent. 6. Becaufe the alien duty upon merchandife imported into the United States by Britifh fubjedls, in their own bottoms, is, if not wholly fulpended, at lead contraded, not to be increafed. 7. Becaufe the commerce we have hitherto enjoyed in India, in common with other nations, is fo reftridted, that, in fiiture, it will be of little or no fubftantial benefit to our citizens. 8. Becaufe in every flipulation refpcding our intercourfe with the coloniaJ pofleffions of Great Britain, the whole commerce of the Uni- ted States, in fuch intercourfe, is coloni%ed\n return. 9. Becaufe the claufe by which the Britifh government referves to itfelf the right of impofing on American vefTels, entering Britifh ports in Europe, a duty which fhall countervail the difference of the duty payable on the importation of European and Afiatic goods into the .Ucited States in Britifh or American bottoms, places it in the power of that government to enable Britifh fubjedts to become the importers of Afiatic and European goodi into the United States, to the exclu- fion of our own citizens. 10. Becaufe, although thr terms of faid treaty purport to be re- ciprocal in many inflances, yet, from the local fituation, and exifling circumftances of the United States, and the pacific fyflem of policy they have adopted, the reciprocity is merely nominal and de- lufive. 1 1. Becaufe it prevents the United States from impofing any fur- ther refhriAions on the Britifh trade ahne. CITIZENS OF SOSTOV. «57 n And( becaufe it is (Updated that neitlMf the d«btt due firoii bdi- mituia of om iiation to MnArkhMla of the Mker, nor flurrea oor tao- tuM which tl^ naay haiv>» it the pubKc fimdi, or in any nablic or brinte bank«f IkaU cvcf ia any eveit of wiar ot national diiKrences, m ftqiMftercd oe coafiicafeed*-^!* >• far ftona bubg impodiUe that the cxfereiTc oi du ridht may in the opinion of the national Icgifla^ MM contribote to pfcfcrve the peace of oor eotintry, and proCeA the mhta and property df the otizens from violation ; we therefore •ieem it hi|^y impt^tc thai the public faith ihould be pledged that it flull never be exercifed under any eireumOances whatever. I z. Bctiaofi; it cooaedei a right to the Britifli guvemraent to fearch lad detaia our veflela io time of war> under frivolous aad vexatioua weteasis* 13. Becaofe it mm^ that flup timber, tWp hemp» faili aikl copper* flMdlbe conmlered contraband ^f war, which articles are exprefsly ftipulated to be free by the treaties already fubfifting be- tween the United States and all other nations, with whom they ar% in compaA. 14. Becaufe it furrenden all or moil of the benefit* of a commer- cial nature, which we had a right to expeA from our neutrality in the prefent war. 15. Becaufe it precludes the hope of receiving r..iv advantage from ihcmodiQrn law of^aatioBSy referred to ia the rrelidenifs proclama- tion of neutrality ;. adopted by moll; of the nations of Europe, in the laft war, and which we then acceded to and have focored in our treaties with all other nations. 16. Becaufe it not only furrenders the right of carrying the pro- Erty of any nation at war with Great Britain, in our vefleu, freely ^ t abandons all pretenlions even to the freight. 1 7. becaufe it permits the Britifli nation to convert pfovifions, defKoed to other nadoos at war with diem, to their own ufcr on payment of what they may deem reafonablie profit — a meafure, not only injurious to the interefl: of the American merchant, but which will prevent our citizens fi'om carrying thofe fupplies to other coun- tries, which, by the laws of nature and nations, they have a ri^ht to do, without moleft^tion. 18. Becaufe it limits the power of Congre&, delegatied to thenv by the confHtution^ ** to regulate oui* commerce with foreign na- tional" by prefcribing conditions, ai^d creating impediments to the f xercife of that " power.** ig~. B'ecaiif^ it expofes the United States a.nd tb^ir commerce to Cmiur embairafllnents (torn other commercial nations, alj of whon;( will probM>ly regulate our trade by this partial flaiidard. And Idtly— Becapfe^ in the opinion of thti inhabitants of this town, the nature andextentof the ejqiorts of the United States are fuch, that' in all their ftimdations with fbreiga nations, they have it in their power to i^cure a period reciprocity of intercOurfe, not only with the hOnie dominions of fdch na^ons^ b^t>vitli ail their cploDiai d^peiideocifs. m 1,1 nif\ 158 THE PREfilDENT't REPLY. ■i' 4 It i« further refolTcd— • That a copy of the foregoing proceedinsst attefted by the town* tletk; be immediately trahfmitted to thePrefident of the United Sutet, that they may be refpeAfuily ftibraitted to his conHderation. And we eameftly hope, and conndently rely, that hit prudence, fortitude and wifdom, which hate more than once been eminently inArumen* tal in the falvation of his country, will be equally confpicuous on the prefent occaiion ; and that the reafons we have afligned will have their influence to induce him to withhold his figuature firom the rati- fication of this alarming inftrument. On motion of Mr. Auftin, a vote of thanks was pafTed to Stephens Thomfon Mafon, one of the fenators for Virginia, for his patriotifm, in publifliing the treaty, which had offered the town an opportunity of udng their exertions in endeavouring to prevent the ratification of an inftrument fo evidently pernicious to the interefts of our nation at large. \ Prefidenh Reply, Ezekiel Price, Thomas Walley, William Bordman, Ebenezer Seaver, Thomas Crafts, Thomas Edwards, William Lettle, William ScoUay, and JefTe Putnam, Efq'rs. SeleAmen of the town of Bofton. l|f Benthmetif " ** r ' N every a6l of my adminiftration, I have fought the happi- nefs of my fellow citizens. My fyftem, for Uie attainment of this objeA, has uniformly been, to overlook all perfonal, local, and partial confiderations ; to contemplate the United States as one great whole ; to confide, that fudden impreflions, when erroneous, would yield to candid refledlion ; and to confult only the fubftantial and permanent interefls of our country. Nor have I departed from this line of conduA, on the occafioB which has produced the refolutions contained in your letter of the I3thinftant. Without a predileAlon for my own judgment, I have weighed with attention, every argument which has, at any time, been brought , into view. But the confHtution is the guide which I never can aban- don. It has afTigned to the Prefident the power of making treaties, with the advice and confent of the Senate. It vtas doubtlefs fuppofed that thefe two branches of government would combine, without paf^ lion, and with the bed means of information, thofe fadls and princi- ples upon which the fuccefs of our foreign relations will always de- pend ; that they ought not to fubftitute, for their own convi^on, the opinions of others ; or to feek truth through any chaooel but that of a tcmper.at^ jind well informed iAYeft>gple— WE, the citizens of Portfmouth, conftitutionally aiTembled in pub- lic town meeting, to I'lgnify our opinions relative to the treaty be- tween Great Britain and the United States of America, confented to by a majority of the Senate, and recommended for your ratification, ' having taken the fame into our mod ferious confideration, beg leave to exprefs our moft hearty difapprobation thereof — for the following general reafons, viz. I. Becaufe that part of the treaty of 1783, '. , uringthe payment of debts due to Briufli fubjefls, is rigoroufly enforced ; while an im- portant article in the treaty, requiring compenfation for negroes and other property unjuftly removed, is placed vhoUy out of view. 3. Becaufe the 9th . article confers a ^irivilege on Britifh fubjeAs*. which, though exprefled in terms reciprocal, yet from the different circuroflances of the two nations, not only wants an equivalent, but' is a direA invafion of the rights of individual dates. 3. Becaufe the bonds required of commanders of privrteers, are wholly inadequate to the purpofes for which fuch provifion wa» made. 4. Becaufe the regulations- of trade, commerce and navigation^ between the two parties, conuined in the 3d, 13th, 15th and I7thf articles, hold o«t the moll decided advantages to Britifb fubjeAs^ iiil M r, .1 ' j66 RES0LVTI0N4 OF THE and itoufi in tihek operation |>rOve dellrotflivfc to American cominh-te and navigation. 5. Becaufe by tlie i8th artide^ manv articles of export are ad^' mitted as contraband of war, which, by oar treaties witi^ Fraace* Holland and Sweden, are declared fne ; by whieh means a difpcNt fition to aid the Britifli in the deftrudion of the natives of thoft noi^ tions is fairly implied. 6. Becaufe all the efTenttal advantages re<ing to the United States from a ratification of tlie treaty are liich as Uiey have a right '! to demand, either by virtue of the treaty of 1783, or firom the prin- ciples of eommon jultice, while many important privileges are allow- ed the Bridfli, without a counter part^ Thus, fir, we have ftated a few of the many obje£Hons that might be oppofed to the treaty ; we forbear entering into a more particular detail, as it would probably be a repetition of thofe, which we pre* fume muft flow in to you from every <^u:uter, as the guardian and prote^or of our rights and liberties, and who alone in the present inflance can avert the many evils that threaten our tvtin. We, therefore, moft fervently requeft, that the treaty between Grtat Britain and the United States, may not receive your ratifica- tion until it undergo fuch alterations as fhall render it conducive to the intereft, honor, and laftingpeac« of our country. ..,, c,»-- y ■', .'%;»■ ■•■••^.r^ fie/hlutions of the Cithens of New-York^ agreed upon at a meeting held on Mm- daythe20thofyulyji'j^^. 4:^ RESOLVED, as the fenfe of this meeting, That the treaty lately negociated between this country and Gteat Britain, in the particulars hereip after mentioned, is injuriom to tlie agriculture, manufa^res, and commerce of the United States, derogatory from their nationd honour, and dangerous to their welfare, peace and profperity. I. In terminating the diflPerences between the two countries, with- out reference to the merits of their refpe^ve connlaints and preteii- (ions, the vague and :U founded claims of Great pritain are placed ij^n the fame footing ^ the numerous, important, and juft demand^ of the United States: and while the former, unfi^iported as they were, are amply provided for, many of the latter are either entirely overlooked, or placed upon a footing, from which no adequate re- chefs or compenfation can reafonably be expeAed. 2> As his Britannic m^^ef^ is bound by the treaty of peace to withdraw his garrifons from the United States with all convenient :U CITIZENS OF NEW-YORK. commute ort are kiifj' ii TrtMcet ns KSfyth ' thofb nib- he United ive a right tntheprin- are allow- ; that might ; particular :h we pre* u-dian and ihe prefent ty between >ur raufica- icive to tlie Mm- the treaty Britain, in .griculture) itory from peace and :rie8, with- nd preten> are placed \ demand^ as they er entirely equate re- " peace to convenient fp(i«d, ik Wtk ttijttftt after t^velve yeart delay, to allow above eighteen \ months longer to celnplete a^ evitcuation vrhich might be carried in* to >e.fk&. in a ivvf weeks. 3. As no ennmention h made of die polb and ph>««* from fA&tM the Britifli ^oopft are to be wMidrawn, but gencraUy ttwa di« boon* dary lints affigned by the treaty (^ peftM ) and ak it appear! W thb fame inftmment tluit ihefe bftundtiry lines are, in psM, M le4ft> to bie adjufted hferetifter, it is big% jHTobable if fuch adjuAnent does not take pla^cby June, 17^ thht it Will be made m ticctk fblr deutning the pofts yet longer. Betides, by plkcing at fe pttn ft di(bnee die eonten^ated evacuation, it is alfo miach to be fea<«d, that an immediate peace in Europe will induce Orett Britam totfif^ rtgatd this ftiptJattOto altog|:ther. 4. AH fettlers and traders within thii preeinOl er jnrifdiAions dt thcfepoAs, may remain there, drrerabVe with their effedls; they cannot, hower^, be eon^elled t6 become citizois of, or to take the 6&di ef allegiMiee to die tJnited States ; but diey m&y do fa if thty think proper-, and they fl»fl make and deckre their elfc^on within one year after die evacuaticMi. And ail perfens who eomtnue there after tlie expiratioA of a year without having declariid their in-i. tendon of remaining fubjeds of his Britannic Majefty, (hall betOnli^ dered as having elefted to become citizens of the United States, Hence it {tppears, that all the fettlers, if they arrive bttt the day be, fore th« evacuation, will be entitled to become American dtizettS|^ contrary to the a^ now in force refpeAing nattt^zation, and con- trary to the conftitution of the United States, under which that iSt was pafFed ; or if they prefer to eontimie uad^ their prefent aHegi- ance, we may haye a Btidfh colony in die heart of oar country. 5. Althouj^ his Britannic Majefly agrees to furrender the pofb ^thin obr boundary fines, no proviuon is made for die heavy lofTc^ and expences which have been incurred by th^ United States in con- f^quence of their pafl detention. Among the fbrmer, may bfe inclu- ded a long deprivation of an exteniive and valuable territory, and of a lucrative branch of trade. Among the latt^ the burdens whicif have been impofed upon our citizei^s to fupport a minous and expefti five Indian war-^-^ro fay nothing of die lives which this Retention hat coft the United States of America. 6. By the treaty of Peace, Great Britain w{js to caufe no «!e. ftruAion, nor to carry away any negroes, or other American pro- perty. In dire^ violation of this promife, feveral thoufand negroes were carried off long after the treaty was known. Many of thofe negroes were regiftered with a view to future compen&tton. The claim, on this account, which amounted to at leail two miHibns of dollars, although hitherto a matter of extreme foHcitude with Ame- rica, hks not only been abandoned and configned to obfivion, bat Great Britain is thereby jufHfied far her inexecutton of the treaty of peace, and an indelible fbin is fixed upon our national faith ; nor is any provifion made for leaving in thofe garrifons, the American artillery, agreeable to the treaty of peace. " I: ■^v ■■■|l!;j! ;;iii!!ii. m, %m ;:■ i !t •i.iii i\ i ;l 4 V>M 1:1 Ill''-, W' M 1:- t6\ RESOLUTIONS OF THE r 7. Many of our Teamen have, during the prefent war, beenira- jveiTed into the Englifli fervice, and compelled to engage on board of (hips of war or privateers, againft' a nation conne^ed with us by* a treaty- (^ alliance. Although this grievance was uaiverfaUy known and reprobatedt the aggrelEon is paifed over in fUence, nor is even care taken to guard agaioft the repetition of fo atrocious an outrage. 8. While the fubje^ts of Great Britain are admitted into, and- havethe ufe of o/Ztlie rivers, ports, and places within the United States, our /Citizens are excluded from a reciprocal ufe of thofe wittun the Sritifli territories in North America, by reafon of which inequality, it is probable, the whole of the fur^trade will continue in the hapcb of Britiih traders. 9. No duty is ever to be laid by either party on peltries brought by land or inland navigation. From this article Great Britain alone will derive an advantage ; for, as the claufe which regulates the in-' terior traffic and inland navigatioa of this country is conf^ruded, and takiogrinto confideration of permitting aliens to hold real property, may be doubted : not is there any real reciprocity in this permiffion, none, or very fet/ American citizens having bought lands on fo precarious a tenure in- England. 14. The fame want of reciprocity may be difcovered in that dauio of the treaty which interdiflts the confifcation or fequeftering of debts due to individuals, or monies held in the public funds, and in banks: However impolitic or unjuft it may be, in ordinary cafes, to exercife this power, yet, as it is AriAly permitted by the laws of nations, and may fometimes be exerted for the prevention of a war, by deterring a nation from further aggreifion, or to bring an enemy to reafonabls terms of accommodation, and has been a^ually exercifed by Great Britain in her prefent •contell, it is impolitic, in the extreme, to pledge the public faith never to exercife it upon any occaHon, or un« der any circum (lance whatfoever, efpecially to a nation who can ;ive lis no equivalent for confenting to this reflridHon, and which, of all ethers, might be the moft fenfibly affeded by the ufe of it. 15. Our commerce to India is much circumfcribed by the treaty. We are excluded altogether from the coaiUng trade, and laid unde^ other unufual and new rellridions. It is true, tliat this commerce has hitherto been carried on only by permiffion — But it is prefumed, that the advantage which Great Britain has experienced during twelve- years, will induce her to permit its continuance without our uanecei•^ istrily coafeoting to thefe refUaints; And if we are excluded altoge*- 111 il;:; M T 1 ''■'•' ^'l=C '^.'r" )k >&(. RE80LI)TI0NS OF THE tfier from tlie BntMi fecdements in Indk) other por(9y e^attf ad> vamt^eoBs, are open to as. 1 6. By the eoaftitution* CongreTs are to regulate our commerei with foreign nations. This treaty, if ratified, will not eiriy infringe thia power, but very greatly fhadileoui goremraent, in their fiitwe regttlatiens of trade. It mnft alMrays hare been a matter of moeh foltcittRte with Great Britaini to prevent us from pafling fuch difcrimmating afts as cir- cufoftanees might render proper — And America, fitttated as flie ia, thottid not Kghdy part with fuch an inraluabte prerogative. 1 7. As a neutral and commercial people, and Kkdy, with com- mon prudence, to continue at peace with all the world, the United States Ihoold nerer roKintarily consent to any article prohibiting free veifels from makittg free goMts. This is the cafe with the prefent treaty — by this conceffien we not only dbpatt from a principle atfcypt^ ed by feveral maritime powers, and whidi CongreTs, under this eonfideration, fre^ently recognized and always purfUed,Jn their JnterconrTe widi other nations ; but vrc put it out of our power to receive any advantage from the modem law of nations, refbred to in the Frefident^s proclamation of neutrality, and are even precluded from the benefits of the contrary ftipulations which have been care* frtNy inferted in our treaties widi other nations. i9. In afcert!uning what artides fliaH be deemed contraband, fe* veral are comprehended which were never fo deemed',, and are exi prefsly declared not to be fo, in our treaties with other nations, par« ticularly flkip-ttmber, tar, hemp, faHs, and copper. Indeed; it ii difficult to lay what will not be deemed contraband, as, after a verjr long enumeration, it is added, that generally, whatever may krv^ diredlly to the equipment of vefTels, unwrought iron and fir-phmks only excepted, fliall be coniidered in that light. It maybe obferved here, that Great Britain, in her treaty with France, has declare^ thefe very articles mot to be contraband. 19. Veflels, laden with proviiions, may be feized under the fri- Tolotts pretext of the difficulty of agreeing on the precife cafes in which they may be regarded as contraband. It is true, that a rea-^ ibnable mercantile profit is to be allowed ; but independent of the (fiffieulty of afcertaining what fuch a profit is, of which the Britiftt muft judge, all the profits contemplated on the return cargo, will be lofl ; and our citizens, to the great injury of agriculture, wiU be difw couraged from the exportation of grain and other provifions, whicfaf in time of war, muft be an objeA of the firft magnitude. 20. Great Britain being a^ually at war, derives an immediate be^ Befit from all thofe articles which refer to that conditionv while it 19 problematical, whether the United States, even when at war, can at all be benefited by thefe ftipulations. Some equivalent might, llierefbre, reafonsdily have been expelled for the connam advantages which refult to Great Britain fhim thofe parts of the treaty, which: contemplate the army orqavy of foreign powers is impolitic, as it deprives them of a mean of acquiring military knowledge, and that in a way which has never been efteemed illegal or difreputable. It is alfo unprece<- dented ; for nothing is more common than for the citizens of one (Country to ferve io the arnjiy or navy of another, for the fake of ho- nour, ioflruAion or reward. The United States, in particular, (hould encourage fuch of their youth as are ambitious of military glory, to a fervice of this kind. In time of war, it is not eafy to calculate the advantages which might be derived from it. 24. However proper it may be to difcourage neutral citizens from enf^iiffXig on board of the privateers, it may entirely be queflioned, whether the right of defining and punifliing piracy does not belong exclufively to the legiflature of the United States. Although a fimilar i>rovinon is found in our treaties with other nations, it will be recol- edled, that in Congrefs at that time, and not in the executive, was refted the right of making treaties, t; , . '. 25. This treaty would be dangeroyis as a precedent : for other na- tions, with whom we may w^h to make commercial compass, wiH expeft us to fabmit to fimilar embarraiTments, and to have our trade regulated by this partial ftandard. 26. There is good reafon to believe, that the treaty is difagr^eable to a very great majority of the people of the United States ; and that even thtne who do not publicly remonttrate againfl its ratification, from an opinion that it is the proper province of the executive to determini; on it, fincerely wifii it may not take plaice. 27. The difadvantages already enumerated are the more (Iriking, beoauie, from the nature and extent of their exports, the United States have it in their power, in all tlieir commercial arrangements with foreign nations, to fecure a perfedt reciprocity, not only with their European, but alfo with their foreiga, pb^efllons, as has indee4 been offered to them on the part of the French republic. x8. Befides the objedlions already flated, it miiil: be remarked, that the whole treaty abounds with (entences whoie meaning is equi-^ Tpcal, and that too much room is left for doubt, conftru(%ioq apd iu- ^re difcpSons ; wjb^rcas pvcry ambiguity in an ioflrament 9f titi9 Y ' ' 'I: m\ m lt;t-, 1 66 "MEMORIAL OF THET " i ' • ' 1 kindi witli To powerful a nation, ought to hate been ftudioui)^ aroided. Refolved further, that a copy of the preceding refolutions be figned by the chairman, and tranfmitted by exprefs to the Preiident of the United States, who is hereby informed, that the citizens of New^ York, aflembled upon this occadon, refpeftfiilly hope, that he will pleafe to take the fame into his mod ferious confideration — ^they aflore him that they rely with great confidence on his known patriotifm, wifdom, and independence, in the exercife of the prerogative vefted in him, and that nothing but the importance of the occafion fliould have induced them to obtrude their lentiments on htm. Infliienced by no other motive than a zeal for their country's good, they ardent- ly hope that the reafons herein affigned, with thofe which may be offered by their fellow citizens of other ftates, added to fuch as his own good fenfe will not fail to fuggeft, will prevail upon him to with- hold his aiTent from an inftrument which has fpread a general alarm throughout the United States, as invading the conftitution and legif- lative authority of the country ; as abandoning their important and well founded claims againfl the Britifh government ; as impofing un- jull and impolitic reftraints on their commerce ; as injurious to agri- culture ; as conceding, without an equivalent, important advantages to Great Britain ; as hollile and ungrateful to France ; as committing our peace with that great republic ; as unequal in every refpeA to America ; as hazarding her internal peace and profperity, and as derogatory from her fovereignty and independence. By order of the Meeting, '?* ; .. ;'T W. S. SMITH, Chairraan^i Memorial of the Citizens of Philadelphia^ the Northern Liberties^ and the DifiriSi of Southwarky agreed upon at a numerous • meetings held in the State-houfe ITard^ on Saturday^ ^uly 25, 1795. To GEORGE WASHINGTON, Prefident of the United States. .., . „ .^ , ITic Memorial of the Citizens of Philadelphia, the Northern Liber* ties, and the Diftridt of Southwark, in the flate of Pennlylvania, ' REPECTFULLY SHTJWETH, .'IKW vHiiV THAT your mei.vrialifts, fincerely and affeflionately attached to you, from a fenfe of the important fcrvices which you have lendercd to the Uoiied States, and a convidion of the purity of the CITIZENS OF PHILADELPHIA. t&i ftudiouiif » be (igned dent of the I of New- hat he will ■they aflare patriotifm, itive veiled Hon fhould Influenced liey ardent- ch may be fuch as his im to with- leral alarm 1 and legif- tortant and ipoHng un- )us to agri- advantages :ommitting refpeft to ty, and as airm^. i >iay the ^riSi of merous rdi on United • rn Liber^ rlvania, ' attached you have ity of the Viotives that will forever regulate your public adminiftration ; do^ on an occadon in wiiich they feel therofelves deeply, interefted* addrefs you as a Friend and Patriot : as a Friend, who will never take offence at what is well intended ; and as a Patriot, wha wilV never rejeA what may be converted to the good of your country. t ■■ That your memorialifts entertain a proper refpe£t for your confti* tutional authority ; and, whatever may be the iflue of the prefent momentous queltion, they will faithfully acquiefce in the r^ulur; exercise of the delegated powers of the government ; but they trulft that in the formati^)n of a compact, which is to operate upon them^ and upon their poilerity, ' in their mod important internal, as well, as external relations, which, in effect, admits another government to controul the legiflative fun^ions of the union ; and which, if found npon experience, to be detrimental, can only be repealed by folicijt- ing the aflent, or provoking the hoftilities, of a foreign power ; yoii will not deem it improper or officious in them, thus ainxioufly, but refpeAftiUy, to prefent a folemn teftimonial of their public opinion, ieelings and intereft. That, under thefe preliminary acknowledgments of the duty and of thie defign of y ' memorialilts, the following objefHons to a rati- fication of the tre / lately concluded between Lord Grenville and Mr. Jay, are fub :tted with implicit confidence, to your CQniider- ation. :..::: 4,..:;..^- x The treaty is objcibed to, V -•- 4,- *. Vi/ ^ -' T. Becaufe it does not provide for a fair and effedual (ettleipen^ of the differences that previoufly fubfifted between the United State* and Great Britain — inafmuch as it pdftpones the furrender, ^^n4 affords no compenfation for the detention, of the weftern pofts — inafmuch as it cedes, without any equivalent, an indefinite extent of territory to the fettiers under Bifitifh titles, within the ptecindts and jurifdidion of thofe ports — inafmuch as it waves a ju(t claim for th2 value of the negroes who were carried off at the clofe of the war, in violation of a pofitive compad — ^and inafmuch as it refers fill the hopes of indemnity, for the recent fpoliations committed on the commerce of the United States, to an equivocal, expenfive, tedious, and uncertain procefs. 2. Becaufe by the treaty, the federal government accedes ,ta reflraints upon the American commerce and navigation, internal as well as external, that embrace no principle of real j'ecii>rocity, alnd are inconfiltent with tlie rights, and delhudive to the interefts, of an independent nation— inafmuch as it unreafonably fetters the inter- caurfe with the Weft Indies, with India, and with the American lakes, by means of the navigable rivers belonging to the Britifh — in- afmuch as, in many inllances, it circumfcribes the navigation of the United States to a particular voyage — ^and, inafmuch as fome of our ftaple commodities (exempted by the treaties with France, Holland,' Pruffla, and Sweden) it makes liable to confifcation, as contraband j. and others (exempted by the law of nations) it makes liaUc to fM fn^rauch as th6 r^ht of fequeftration ; die right of regulating c6niw titerctt in favour of a friendly, and agaiiift a rival, power) and the right of fufpending a commercial intercourfe, with an inimical nation^ Are vdhmtarily abanddbed. $. Becaufe the tretety is an irtfraAion of the rights of fnendfhit* latitude, and alliance, which the republic of France may juflly claim ^m the United States ; and deprives the United States of the mofi: powerful means to fecure the good will and good ofRces of other nations — ^inafmuch as it alters, during a war, the relative fitudtion of fhe different nations, advantageoufly to Great Britain, and prejudici- iUy to the French Republic — inafmoch as it is in manifeft collifion with feveral articles of the American treaty with France — and, inaf« much as it grants to Great Britain certain hi^ dangerous, and ex^ elufive privileges. Uk: And your memprialifls, having thus, upon general ground^ con<< eifely, but explicitly, avowed their wifhes and opinions } and for- bearing a minute fpecification of the many other obje^on'. that occur—* iionclude with an aifurance, that by refufing to ratify the {R'ojeded treaty, you will, according to their beft information and judgment, at once evince an exalted attachment to the principles of die conftitu- tion of the United States, and an undiminiflied zeal to advance tho profperity and happinefs of your conftituents. Signed by order of the General Meeting at Philadelphia, the 25th of July, i79J[, %i,, ^.^.,:.u^.vMu.. ».., "^- SHIPPEN, jun. Chairman. - THE Committee appointed by a general meeting of the Citizens of Philadelphia, the Northern Liberties, and the Diflrift of South- wark, to iign and tranfmit to the Prefidetit of the United States, the Memorial expreflive of the Sentiments of the Meeting in relation to the Treaty negociated between Mr. Jay and Lord Grenville, have REPORT, Ike. i$9 refill to tht niu aJieita^ rufmifliUe npfmu^h as rous line of eets oo the ; mouth of :8 of an' in- nftinccs of mighti on e negleded CO sumsoM iting c6m'« r } and the cal nation^ friendihi|>» may juftly lates of the :s of other ituAtion of 1 prejudici- \ collifion -and, ioaf- h aod ex* '' >-• and, coH" and for- it occur— in-oje<£ted igment,at conAitu- [vancc the the 25th nan. Cidiziens of Souih- tates, the elation to ille, have Mceived«' by the hand of Dr. Win. Shkppttt jun. the following An- fwer, which they think it their duty to puUifli for the tnfomMtion of •their confiituehts. , J'Madtfy&iat jitgujl 14, 179;. '\ ....,■. :;; ,, Thomas M'Kean, Charles Pettit, Mofes LcTy» William Coats, John Barker, Alexander J. Ditto, John Swanwkk, John Hunn, Abraham Coats, Stephen Girard, Fred'k. A. Mnhleoberg, Willism Shippeo, jofli -j, Thonua Lee Shippea, Bkur M*Clena£hait. • i Unitid State*, itibJlugi^'t ^19S* i , I HAVE received your letter of the iith of July, eoriBthig th( Memorial of a Meeting in Philadelphia. t As the Anfwer* which I hare given on a fimilar occslioa to tli Sele^men of Boflon, is applicable to this Memoriali I ijtaak it proper to crai^mit a Copy thereof to you. 4 With due refpeft, . :..,!;;.,.:; j .if, sw^si d>iw' .•-iiO??'; ' ■ ' lam, 'Sir,' , !>.t;f? '^"'^' -' 4Am '^hmt -m^x- Your obedient, %. . (Signed) 1- ;, Go. WASHINGTON, ^r 'Dr, WilRam Sb'^peHt juH» uU%::. '^ '\ Report of the Charlejlon Committee. ' .ij ::r ,■,,. Charleston, July 19, 1795..* Reptirt of the Committee chofen by iaSot of tie Citizens of {^harfe/Ion, 5, Caroitna, in pvrjiiance of a Refohition of a deneral Meeting of the • Citizens in St. MichaePs Churchy on Thurfday, the i6ith ofjuhf, THE committee to whom was referred, by their fellow citizfins^ the confideration of the impending treaty of amity, commerce^ and navigation, between his Britannic Klajefty and the United States of America, report — ^ j ,, That they have attentively confldered the faid treaty, and are of opinion, that it has not that reciprocity which ought to be the baHs of ail contra^s — ^that it contains no proviHons in mour of the Uai" ted States, in any manner proportionate to the various conceiConi made to Great Britain ; and rertri6>s Congrefs in the exetdfe of its conftitutional power of regulating trade, and making fulch difcrimi- nations in ikvour of other rorcign nations, as maybe molt bsinefieak . ill I !!! ii/ittS*-' Seepage 158. J? *f: ■ ,5C©f*f:>a^:i"aSfti M^ % *i9 REPORT OF THE ■t\: ^:^ ■ ■' From many well founded otjcAioDs, your Committee beg leMe to feled and iubmit the following; The Rrd article, though ufual in treatiett would be particularly nufchicvous in this, inafmuch as it permit) the unconditional return, to our country, of all perfons who were profcribed during the late war, though thdr return is repugnant to our laws, and to the feel* ings of cur injured fellow citizens, and though the ftate legiflatures have already proceeded as far in re-admitting fuch perfons, as they judged coofiftcnt with good faith, or found policy. The fecond irticle lanflions the continuance of an injury, which, in violation of the treaty of peace, has already exilled eleven years : iteither eftablUheii a Bntifh colony within oar limits, with peculiar privileges, or, in cafe the inhabitants of fuch colony chuTe to become citizens nf the United States, it gives the privileges of citizens of thefe ftites to a number of men, who have been their moll bitter and ir^econcileable eoejnics ; who, in conjundHon with the favages, have lately waged war againll us, and who, from their local iituation ia the vicinity bf the Indian tribes, conveniently may, and firom their difpofilioa (as fur as we can judge from their paft conduA) would be inclined to join with them, in acting againtt us, on any favour* able emergency. The third article gives to the Briti^, what to them, with their aapital, will be nearly equivalent to a monopoly of the trade with the. Indians, and with our weftern territories, and opens a duor for fmuggling on an extenfive fcale, to the great injury of our revenue. > By the fixth article, the United States undertake to make good fuch lofles on debts, to Britifli creditors, as have been occafioned by legal impediments, to their recovery, created by any of the dates, in violation (as is alleged) of the treaty of p^^ace ; although the firll infradion of that treaty, was made on the part uf Great Britain, by carrying away firoiii thefe ftates many thouiands of iicgroes, and a connderable quantity of valuable property, whereby individuals were deprived of the means of difcharging their debts ; although the Uoi^ ted States^ have incurred an imraenfe expence in msuntainmg an army for the defence of their northern and weftern territory ; an expence iAually occafioned in confequence of the detention of the weflem pods ; and although no compenfation is ftipulated to be made to th« citizens, whofe negroes, and other property, have been illegally car- ried off; their right of recovery being paiTed over in filence. Thus the United Sutes are compelled to make ample repairation, . for the oply infn geraent of the treaty, which is charged on any of their citizens, whilA neither the union, nor the citizens have even a pro* mife of comp,enfation, for the many injuries fuftained by violauons of the faid treaty, on the part of Great Britain. ThijSj article, moreover, creels a tribunal new and unknown to out •onditutiqiu inafmuch as it transfers the right of deciding on tlie claims of BritiOi creditors, from the courts and juries of America* to commiflioners ; a majority of whom may be sritifh fubjefts, an^ by their decifions, tax the revenue of thefe ftates at pleafurc ■■. W IV CHARLESTON COMMITTEE. tji The fetrenth article makct reiKtution for the extenfiye fpoliatlont lately committed on our commerce, remote, expenfive, and tiocer- tain { though juiHce, and the circumftances of our injured citizeoi demanded that it Ihould have been immediate and complete ; while, on the other hand, full compenfation, on certain fixed principles, i« ftipulated to be made by the United States, for all property which has been taken by privateers, equipped in our ports, or which has been.captured within our limits. The twelfth article gives us no other privilege that) that of carry- ing in American veflels (not exceeding fevei y tons burthen) fuch articles of the growth, manufacture, or produdtidn of thefe flates, as are not, and (hall not be prohibited by Great. Britain, firom being carried to her Weft India iflands, and of brinrane from thence, in fuch American veflels, fuch produce of thofe iflands, as mav be car- ried from thence to the United States in Britifli veflels : In return for this privilege (which, reftrifted as it is, is of no value) wt are made to furrender the right of expordng in our own veflels, to any part of the world, melafles, fugar, coffee and cocoa, whether the ^odudlions of the Britifh iflands, or of any other place, whilft the Britifh, and all other Foreign powers, have a ri^t to fend thofe very articles, in their veflels, from our ports. We are precluded from exporting in our own vefTels, not only foreign (fotton, but the cotton of our own growth, although the privilege of exporting that article, :Tom henee, in their own veflels, is given to the Britifh. It preclude) us from fupplying our allies, the French, with feveral. ar> tides, which they conllaer as of prime necefTity, and which, in the cxifting ftate of things, they cannot (without great rifle 'ahd difficul- ty) obtain from their Weft India iflands, but through the medium of neutral powers, more particularly the United States. In f&ft, it ha» placed the commodities, above mentioned, on a footing f;ir wbrfe for us than if they were contraband of war ; inafmuch as contraband ar« tides are only prohibited from being carried to powers at war : h\xk thefe articles cannot, uodcr the reftriflions of the treaty, be carried' by vefTels of the United States, to any nation, either in time of war, or of peace. Although it is recommended, that a fufpenfion of this rrride fliould precede the ratification of the treaty ; yet, it having been alfo rscora* miended to the Prefident to proceed, without delay, to fusther taego- ciations with iiis Britannic Majefty, on the fubjeA of trade to his Wefl India iflands, and on the terms and conditions mentioned iji this article, yout committee have, therefore, thought proper to fuh* mit thefe obfervations on it. . The feventeenth article, makes a formal recognition of the right of Great Britain to fearch American vefTels, for property on board fuck vefTels, fufpedted to belong to any power, with which fhe is at war : it authorizes her to cany into her ports, every American vciTel, which the ofHcers of her men of war, afid privateeis, may fufpeft to have fuch property on board : and engages to delivei' up all fuch jgroperty, though of our fritpdt a«id allies, which ftu^i ke ea board ; 17* REPORT, &c. ! '>. I ' ^^, whcreu Fraace, and every nation, with which we have a tr«aty, have ex|>refsly declared, that free (hips fhall make free goods, iwd proteA property on board of them, to whomfoevcr it may belong. By authoriwig (iich fearchci, a general fearch^warrant. it given to Brttifli privateers. This article eftabliihes principles as the law of nations, which jnftify many of the late fpoliations committed by Brio tiih vefleU of war, on the commerce ot thefc ftates; and of courft authorife the repetition of fuch (poliation, which would be extremely detrimental to our commerce. The capture and detention of Ame- rican, by Britifli veflels, under the authority of this article, will put American &amen wholly in the power of the Britifh } yet no nrovi- fioa it nude to protedt and fecure them from being impreflea into the Britilh fervtce, though daily exDcrience evinces the neceffity of requiring a clear and unequivocal ftipulatioa for the proteAion and iecurity of that valuable clafs of men. By tHe firft fe^n of the eighteenth article, all timber, for (hif buildtog, tap, rofin, copper in flieets, fails, hemp, cordage, and io generaTwhatever may ferve diredUy for the equipment of veHels (un- vrou^ iron and fir-planks only excepted) are declared to be con- traband, and juft obge^ of confifcation — whereas thofe articles, i« all our other treaties, are exprefsly acknowledged not to be contra* band, but fi«e. Thus Amenca concedes to Great Britain, what fli» has never conceded to any other power. Wi^ t^Sfit€t to the fecond fe^ion of the eighteenth article, an at- tempt is made to bring even provifions under the head of contraband* This, if eficAed, in conjunction with the precedioe ckuTe, will comprehend, as contraband, almolt all the important ftaples of ^efe ftates. Such an extenfion of contraband mutt prove lumous to our commerce, e&ecially as Great Britain affefts to hold whole countriei b a ftate of blockade. The twenty-third, twenty-fourth, and twenty-fifrh articles, have » tendency to embroil us with the French RepuUic, and in the exifting iiate of things, to make our fea-port towns fcenes of riot and blooo- fhed. Thele articles alfo tend to make a common caufe between the United States and Great Britain, to opprefs and dillrefs our allies. Upon the whole, your committee apprehend that great evils would refult to thefe dates from this treaty, u ratified; they, therefore, re- commend that an addrefs be prepared, and prefented to Uie PrelidoBC of the United States, praying that he will not ratify the faid treaty. The above report was agreed to, and traofmitted to the rrv 'OileBt \^ -M* C »73 3 Norfolk Refolutlons, jR^tfolntknt adopted at a Mettl^g .nj the Jufluet of th County, and jff* dermenof tbd Borough, of Nor/oik, an Saturday tin ixtb of July, »795- aCSOLVED, That Stephens Thomfon Mafon, is entitle^ to the thanks oi this meeting, and of every good citizen and real . . 1 to the conflitution of the United States, for his patriotic and invlependent condudk in x(inding the veil of fenatorial fecrecy, and thereby dirclofii^e to the world the treaty lately concluded on by John J«v, and tpe miniflers of the king of Grestt Britain, touching the deveft n^ts and mod eflontial intercfls of a free people. •Hefolved, That it be Tcc<)mmended to THE PEOPLE of the towns 0^ Norfolk and PortAnouth, and of the county of Norfolk, to aiTeniblc »jl the Court-houle of faid county, on the Hrll Wednefday in Au^ifft ,nextj to take into confideration the Treaty aforefaid, and the pi;opriety of addreilin^ the Pt-eOdent of the United States op that ^^elplvcdf Thftt ^c above refolutions be publiflied. CHARLES CONNER, Chairman, •^^^;?i;?^bo«E;^g^ Refolutions. Refolutions of the Cittxeni of Baltimore, adopted at a numerous meeting, s/ . held at the Court-houfe, on the 2'jth of July, 1795. RESOLVED unanirooufly, That the citizens now afTcmbled, do difapprove of the treaty of amity, commerce, and naviga- tion, lately oiegociated with Great Britain, and ^(Tented to by Ui« 'Senate of the llnited .States. Relblved pnanimouHy, as the fenfe of thi) meeting. That an ad- dreft be prefentcd to the Pjreddent of thi United States, expreffive of their dt&pprobation of faid treaty, and requefting (hat it may no( be ratified. Refolved unanimoufly. That the thanks pf this meeting be prd*ented to the virtupus minority in the Senate, for thpir oppoCtion to the proppfed treaty, and to Stephens Thomfon Matfon, for the patriotic lervicc rendered his country, by a difclofurc pf its con- tents. ■:iV ^ ■*' 5':rJ;' '•-^:'y\ 'Tfj ( •i->f •i! 'iliJ .'l-i ■i\ 1' '5, C 174 ] It-)' hi k NeW'^erJey Petition, To GEORGE WASHINGTON, Prefident of the United Sutes. The Petition «n4 Rfimonjlratice of the Sulfcribers^ citizen* if the State ■' - ■■ - , ' '^' of Nenu-Jerjeyy -.-;.- ..,,.^ RESPECTFULLY SHEW, THAT your petitioners, fincerely attached to the interefts of their country, have read, with attention, the treaty of amity, commerce, and navigation, between his Britannic Majefty and the United States of America, entered into at London, on the igth day of November laft, which, it appears, hath been in part afTented to by two-thirds of the Senate — and, upon due confideration (without troubling you with a detail of particular objeftions) would beg leave mod refpedlfully to fugged, as our opinion. That the faid Treaty does not afford to the citizens of thefe dates, fuch terms as they ought to accept : and that, if finally ratified, it will be a fource of many difadvantages to the commerce, agriculture, and national prof- perity of the union, and of great difcontent and iineafinefs in the minds of the citizens thereof. In addition to this 'opinion (which your petitioners believe to be the prevailing fentiment of the citizens of New Jerfey, and, as far as information hath reached us, of the United States at large) a fincere refpcft and efteem for you, flowing from a recolleflion of numerous and eminent fervices, which gratitude hath indelibly engraven on our hearts, renders it a duty incumbent on us to reprefent the fame for your information, left our filence on the occafion, might be conftrued into an approbotion of the faid treaty. We therefore pray. That, fo far as the fame may be confiftent with that difcretion which we conceive is Entirely vefted in you by the conftitulion, your fandlion may be withheld, until more equita- ble terms are acceded to on the part of Great Britain. Trenton Refolutions*, .^o^: * rx ^ % Refolutiotu adopted at a general Meeting of the Citizens of Trenton, and its Vicinity y convened at the State-houje, on the 2gth of ^u/y, 1795, . purfuant to public notice given^ "for the purpofe of taking into confi- deration, Meafures proper to he purfued upon thefubjeS of the pend" ing Treaty between Great By'itain and the United States," I. TJ ESOLVED (without a difleating voice) That we entirely XV and religioully concur with our brethren of Philadelphia, " That it is the conftitutional right and patriotic duty of the citizens of the United States, to exprefs, on every important occafion, the public fenfe of public meafures." 2. Refolved (without a diflenting voice) That it is at this time, in a peculiar manner, the bouodeQ duty ojf every fricad to his country TRENTON RESOLUTIONS. «75 United Sutcs. m of the State le interefts of :aty of amity, ijerty and the the 19th day irt affented to tion (without uld beg leave B faid Treaty erms as they i a fource of national prof- ifinefs in the inion (which f the citizens ed us, of the you, flowing lich gratitude ncumbent on Hence on the faid treaty. be confiftent d in you by more equitjt- isi Trentqrit and 7»6'» »795. ig into conjfi- of the fend' we entirely hiladelphia, the citizens caHon, the this time, his country to exprefs the public opinion upon an indrument fo extraordinary and fo momentous in its nature as the treaty of amity, navigation, and commerce, lately projefted between Lord Grenville on the part of Great Britain, and John Jay, envoy extraordinary on the part of the United States; degrading to the national honour, dangerous to the public intereft, and deftruiSlve of the agricultural and commer- cial views of the United States. 3. Refolved (without a diflenting voice J That the citizens of Trenton and its vicinity, having heard a full difcuflion upon the fub- jeA of the treaty, do, upon the mod cool and difpaflionate conflde- ration, difapprove of the laid treaty, and hope, by this public expref- lion of their lentiments, to prevent, as far as polfible, its ratification by our fupreme executive. 4. And whereas the great bulk of the citizens of this ftate rcfide ia fmall towns and villages, or on farms, at a didance from each other, and cannot, therefore, without much inconvenience, aflibmble in town-meetings or otherwife, in any condderable numbers, to exprefs. their fentiments on the important fubjetSl now under confideration, it was deemed highly proper and neceflary, that the faid citizens fliould adopt the mode they have, of doing it by way of petition and remon- ftrancetothe Prefidcnt — Refolved (with only /Ar« diflenting voices) That the petition and remonftrance* originated in this city on th# eighth day of July inflant, and fince circulated through the ftate, was and is eligible, refpedlful, decent and proper, expreflive of our fentiments and entitled to our entire approbation, fet on foot, no ttoubt, with the pureft intentions, and calculated to produce the mod happy confequences : And in order that they may be more generally difperfed than has yet been prafticable — It is further refolved (the firft impreflion of the faid petitions being run out) That two hundred copies more be immediately printed and diilributed under the diredlion of the chairman of this meeting. 5. Refolved (without a diflenting voice) That the ten fenators, who voted againft the ratilication of the faid treaty, thereby gave a proof of their independence, patriotifm and integrity, and are en- titled to the future confidence of the citizens of the United States^ and in a particular manner to the thanks of this meeting. 6. Refolved (without a diflenting voice) That Stephens Thomfon Mafon, one of the Senators for the ftate of Virginia, is entitled to the higheft veneration, refpcft and efteem of his countrymen, for the opportunity he hath afforded them of feeing the projeded treaty, and ofexercifing their conftitutional right of exprefling their opinion thereon, and of ufing their every poflSble endeavour and influence to prevent its ratification, — a thing but too much to be feared, if the imjujlifialle fccrecy intended by a majority of the Senate had been ftridl- !y adhered to. 7. Refolved, That James Mott, George Anderfon, Jofeph Mil- ror, Jofeph Brumly, Richard Throckmorton, Major P. Hunt, Ger- Ihoni Craft, Randle Rickey, Capt. Wm. Smith (of Hopewell), Col. * S.'c p. 1 74. : I' 176 FLEMINGTON RESOLUtlONS. ;>4 1: Jofeph Brearly, Wm. S. Moore, David Snowden, Jeremiah Wool- fey» John Potts, and Hill Runyan, be a committee, for the purpofe of drawing up and reporting refqlutions containing the reafons \f hicli- influence this meeting to difapprove and condemn the faid treaty. The whole bufincfs of the meeting was conduced and concluded with tlie moft perfeft harmony, good order, and decorum. '-'V Signed at the requeft of the meeting. Jttejf Jno. W. Vancleve, Sec. M. FURMAN, Chairman;. Fkmmgton Refolutlons, The Citizens of Flemingtoti, Ncw-'Jerfeyy audits Vicinity j having feeii ih( form of a Petition* to the Pre/ident of the United States^ praying that his SanSion might be withheld from the Treaty agreed to by John yayt Efq. on behalf of the United States, with his Britannic Mor jefly, met on Tuefday evening lajl^ andy after {^pointing Mr. Jofeph Atkinfon, Chairman^ RESOLVED, THAT they have a high opinion of the ability and integrity of John Jay, Efq. and are convinced that his attachment to his cruntry induced him to contend for the moft equitable and advan- tageous terms that could be obtained. 2. That they entirely approve of the conduft of the two thirds of the Senate with refpeft tp the treaty, having full reliance on their wif. dom and patriotifm. 3. That the ability, tried virtue and magnanimity of our firft nu* giftrate, does not require petitioning to do what is juft, wife and po- litical. 4. That the promotion of fuch petitions, has a tendency to ftir up the minds of the people to anarchy, diforder, and confufion. 5. That the faid form of Petition be configned to the element moft figurative of the difpoHtion of felf-creatid fociety patriots — which was done, with general huzzas for the executive of the United States. By order of the Chairman, LUCIUS W. STOCKMAN, Sec. FltmingtoH, Julyl^d, 1 795. Ti? the Citizens of Netv-Tork. FRIENDS AND FELLOW CITIZENS, WE perceive, with pain, and regret, that you are urged, with much intemperance and heat, to meet to-morrow, not to conflder and difcufs the treaty lately negociated with Great Britain, and to exprefs the convi<5lion which fhall arife from a fair examination of its merits^ but to condemn and oppofe it as a thing prejudged. * See p. 174. ■'I'll JAMES WATSON'S ADDRESS. 17.7 You are told that it is ignominious and difgraceful ; Uiat h/urren- ders rights and privileges ruinous to our commerce — that it yields advan- fages with- hold the expreffion of his abhorrence ©fit. But ought we haftily to believe that fuch charges can be well founded ? Can we eafily be perfuadcd, that the citizen who ncgoda- ated the treaty, and who, on all former occalions, has given decided proof of fidelity and patriotifm, could, of a fuddenr» becotlic (b bafe a betrayer of the rights and interefts of his country ? Can tit imagine that two-thirds of the reprefentatives of the United ikates,. in their Senate, would have fan€tioiied fo foul a treafon ? Cao we think our interpofition ncceffary to prevent the ratification of fuch a treaty by that wife and virtumis man, that long and well tried knant of his country, in whom the executive authority of the Unitfd States tfl depofited ? No, Fellow citizens! it is impoffible that the frightful piftwe giveft of the treaty can be a juft one. Such charges are better proofs of the intemperance of thofe who make them, tlian of the dcfetis cf the treaty. You cannot but be fcnfible that the treaty, if fuch as it is rcpiofcnt- ed, muft afFed deeply the interefts of the mercantil« clafs, Y©» cannot doubt that the nierchants are attentive t^ their inteteds, aaj you can hardly fuppofe that they are ignorant of them. For our part, we profefs to you frankly, ti.iKt we have not yet been able to difcover in the treaty, thofj hid^ou; leatvire* which art alleged to exift ; yet we are difpofed to meet Ue rtft of our fellow citizens and to promote with them a Fair and rational difcuHicn of the fubjetJt. We truft, however, that they refpefl thcmfclvi-s too much not to make this a neccflary piel'mvury to tlieir pronounsing an opinion — and that they will unite with us in rejcfting any j lopo- fitions which fliall be attempted to be impofcd upon them withe ut due inveftigation. Meeting theni on this bafis, our ears vill be open to truth, a.td we fhall be ready, according to the bed of our unckriiandingsv, to concur in any meafurcs v^hich can be fhown to bf coB^flent wilj^ the true interefis cf our country. We doubt not, you will all bring with you the fame difpofitions, and we earnefily recommend a gcn«- lal attendance upon the eccufion, in order that the true fenfe tithe city may appear. By order of a Meeli^ig of a number of Merchants, at the Tooh tine Coficc-houlv, July 17th, 1795. ■ JAMES WATSON, Chairnwo. .^.;;'vi:. [ 178 ] I.; MvC-i i' i- ■« •*. Refolutions of the New-York Chamber of Commerce. [;,;,;). % At afpeclal Meeting of the Corporation of the New-Tork Chamler of Commerce f held at the Tontine Coffee-houfe the ziji of July, 1795, — the late Treaty of Amity, Commerce, and Navigation having been previoujly read, the following Refolutions, with the Preamble thereto^ nuere propcfed and adopted, viz. - -' . '.;> , WHEREAS, the treaty between the United States and Great Britain, lately fandlioned by the Senate, has been made the fubjedl of public difcuflion, in the warmth of which, mif- conftrudlions and mifreprefentations have contributed to excite and irritate the public raind. And, whereas a difpoiltion has appeared, in certain inftances, to influence the executive againftthe ratification of the faid treaty, whereby the tranquility and profperity of our country may be endangered :— therefore, Refolv'ed, as the opinion of the Corporation, That the faid Treaty, cpUedHvely confidered, contains as many features of reciprocity, as, upon contemplating the relative interefts of the refpedtive countries, could reafonably have been expeded. And that the precarious pri. Tileges of the American trade to Great Britain and her colonies, are, by this treaty, changed into permanent rights. Refolved, That the provilions in the faid treaty, for a quiet fur- render of the weftern ports, and an amicable adjuftment of the Britifli debts, a fair compenfation for the fpoliations upon our commerce, and for the prevention of future depredati :>ns, are wifely arranged for the great purpofcs of national juftice, and to preferve the bleflings of peace. Refolved, That if the Treaty ftiould fail to be ratified, we fliould apprehend a ftate of things which might lead to hoftilities ; in which event, our navigation (now difperfed in all quarters of the globe) may be intercepted, our under-writers injured, our commerce abridg- ed, our produce reduced to little value, our artizans, mechanics and labourers deprived of employment, our revenue diminiflied, and the lives of our fellow citizens facrificed. Refolved, That although the ratification of this treaty, for the foregoing reafons, appears to us, under all circumrtances, expedient; yet we cheerfully reil it where it is placed by the conftitution : in full confidence, that the wifdom and firmnefs under which our indepen- dence has been atchievcd, and our progrefs to wealth, power, and refpedlability promoted beyond a parallel, will, in this inftance, de- termine for the bert interefts of this country. Refolved, That the Prefidcat of tliis Chamber caufe a copy of :-"Y>r'^' *_ til s*?*;^'>MV' ^''.^^ ■ *-.tir 1 ■'»*'• THE Corporation of the Chamber of Commerce of the city of iievf-Yorkf having almoft unanimouily, a very full meeting of the Merchants conftituting this body, adopted the enclofed refolutions ; it becomes my duty, as prefident of the faid Corporation, to tranf- mit them to your Excellency. They are expreffive of the fentiments of the Society, over whom I have die honour to prefide, and are now refpedtfully communicated to the Executive of the United States, by *• < -^ ^,*«.,r»j »^.-7 His moft obedient, ■ bixp-Uj^v'^ ' . U !i'! ; And very humble fervant, pr ■t;n.,v >! ,/': . C. SANDS, Prefident. Go. WASHINGTON, Efq. Prefident of the United Sutes. N(z!: rv T'/)e Prefident' s Anjwer, ToXOMFORT SANDS, Efq. Prefident of the New-York "'.*;",■';■' Chamber of Commerce. • •^*'^- Six, A LITTLE before my departure from Mount Vernon for Philadelphia, I received your letter of the 2 2d of laft month, covering the Refolutions of the New- York Chamber of Commerce, relative to the Treaty lately negociated between the Uni- ted States and Great Britain. My journey, and the urgent bufincfs in which I have fince been engaged, have prevented an earlier ac- knowledgment. While I regret the diverfity of opinion which has been manifefled on this fubjed, it is a fatisfat^Hon to learn, that the commercial part of my fellow citizens,^ whofc interefls are thought to be moft diredlly affe(5ied, fo generally ^onfider the treaty as calculated, oxK the whole, to promote important tldvantages to our country. , ■^ With due refpeft, .,",,;, ... I am, Sir, Ys)ur moft obedient, Go. WASHINGTON. United States, Auguft 20, 1 795. : I -• C t^o I f**^ ,'f>nfr!tl!f;'T t;:Vi.v.'*«nij'i|t«--. «»0-H 'I' .:.;iD, .»n>w Tin ,f,/ [Jv-cm de PhUatU^ia GateUe.'] '/;.'>.'.) Sunbury, July 20, 1795 ( •;»«.if «w MR. BROWN, I OBSERVE in the newfpapers, that it fcems to be univer(3lly taken for granted, that the Prefident has a negative on the pro- ceedings of the Senate, refpe(5bing the Treaty with Great Britain. We are informed, that Petitions ar*" framing, to be prefented to him, to withhold his aflent to the Treaty ; and that wagers, to a confi- derable amouot, have been a<^ugUy ilaidj ithatihe will accede tp it, or.rcjedt it, according as the wi^ii or principles of peiifoDSihave/pcq- jxniderated on the fubjeft. I confefs, fir, I have been a ;lit«!l« W- •peifed at all this!; .becaufe J by jio means ithink the pofition an obviowi «nd uodfifuable ope* that the Prefident .has p. controuling power, itfi 4he prefciiljiase of tthc bufinefc, on what the Senate have done. 3Che wocds of rthe conilitution are, "Jie (the Prefident) fhall bajrc power, by and with the advice and confent of the Senate, tp ma^e treaties, provided two-thirds of the feai^tprs prefent concur ; and he (hall nominate, and by and with the adyice and confent of the Senate, iihall appoint ambaiTulors, other public miniders, and con- fuls, judges of the fupreme court, and allother officers of the. Unite4 States, whofe appointments arc not herein other wife provided for, and which ihall ^ . "ftablifhcd by law." From thefe expreflions it is clear, the Prefident can make no treaty, nor appoint an ambafiador, without the confent and advice of the Senate. It is, therefore, of great importance to afcertain the time when this cjor^nt and advice of the Senate is to be given, and the force and meaning of the expreflions. In the ufual and ordinary method of appointing oiTicers, the.moment.the Senate confent to the nomination made by the Prefident, andadvifehim to make the ap- pointment, it is allowed, on all hands, he is conftitutionally obliged to appoint fucb officer. The Senate indeed make ufe of the words joiifent and advlcey !n reply to the Prefident'5 nomination of perfon;* to fill offices. But thefe words are the technical and conftitutlonal language prefcriheil to them ; and while they deprive him of all op- tion, as. to the appointment, do clearly iniply an obligation to apppint onthe.part of th' T*refir!r rtc In the cafe of a treaty being laidbefore the Senate, and i .vjir giving their ccnfent, and advifing the Prefident to ratify it, I o: fee no reafon whj- .<. fmiilar conllrufbion lhpuld,not be adopted. Tl;,; .vords are the fame in both cafes, exc^t tha^ in the appointment of officers, the word nominate is neceflariiy introdu* ced. The treaty, in the ^r/? injlance. Is made by the Prefident- — and he may therefore be confidered as having conftitutionally ufed that power of making treaties, with the confent and advice of the Senate, which the conftitution has given him. His laying it afterwards before the Senate for their advice and confent, is not merely with a view to confult them or take their ppinion. If this were the cafe, the Se- nate of the United States WQ\Ud be a collQi^ioa of ,jnere cyphers* I^ ■in -jh^ univerCUIy n the pro- at Britain, ed to him, to a conii- ed( tp it, ihavfi ,pic- . ;liyil« rfur- m obvioHd power, ,in lone. (Hall baATC , tp vn^c icur ; and nt of the and con- he .Unite4 vided for, I make no advice of rtain the and the ordinary :nt to the the ap- y obliged he words if perfonn Htutioj^aJ of all op* appoint idbefore refident quid, not tha^ in introdu* ident- — ifed that Senate, s before I a view the Se- :rs» U OBSERVATIONS ^c. *8i the PreGdent can, in this manner, put his veto on their ** advice and 'confeiiit" (vfords which I apprehend are equivalent to an order or command) it is evident, that inftead of the Senate having any real PQVr^r in the npaHing of treaties, they will not have even the fliadow of ^t. The Prefident will be the /ole maker of all treaties ; and ihould it liappen, which is very poffible, that the fenate unanimoufly confeot tQ 9, treaty and advife the ratification of it, dill the Prefident may refufe (o iollow their advice and over-rule the opinion of the whole fenate. However clearly and unanimouily they may concur in the idea, that the treaty is highly beneficial to their country, yet the opii\iQQ o/ a fingle man is fufficient to outweigh the united judgment of the whQle fenate QQ this niofl interellingqueftiqn. Thisdodlrine does not look very republican ; and feems to clafh with the general priqciples of the coquitution, which has guarded, with extreme caution, ^g^inft truding power in the hands of onet in oppofition to (he wifhes i^nd opinions of many. Let it be fuppofed, the Prefident receives a treaty from a foreign mi^deri and that he cordially difapproves of it. The fenate, how- ever, on his laying it before them, think quite differently, and una- nimoufly give their confent to it, and advife him to ratify it. In this cafe, pray, Mr. Brown, whofe opinion is to decide th« quedion ? Is the Prefidept, by refufing to ratify the treaty, to defeat the wifhes of the United States, as exprefTed by the united voice of the whole national body ? I confcfs, fir, I extremely doubt whether this be the genuine conflrudtion of the federal confutation — it would rather feem, the power he has of making treaties, with the advice and confent of two-thirds of the fenators, fhould be 'deemed to extend no further than his making them, in the Jirjl injlance, through the medium or channel of the foreign miniflers, and that, when laid before the fenate, their opinion is final thereon. This conflru6lion will fatisfy the words of the conflltution, with- out making a cypher of the Prefident on the one hand, or of the whole fenatorial body on the other. The Prefident, according to this idea, will poffefs the power of making treaties^ but not to the cxclufion of the fenate. And the fenate, by their " confent and ad- *• wVf," v/ill poflTefs the ultimatum on the fubjeft of foreign treaties, ^hich the conflitution has vefled in them. What are the forms of making treaties by the executive of the United States, I am not certainly informed ; but have underffood, he fends abroad the minifler, without prevtoufly communicating to the fenate the inflru(ftions given to him. A treaty, tlierefore, made under fuch circumrtances, may, with great propriety, be viewed as one made by the Prefident within the words of the conffitution. And it would be flrange to fay, that he fhould not only have the fird con- coction of the treaty, but the ultimate power of rejedting it, in oppo- fition to the fenate ; making them a parcel of non-eniities. And on the other hand, even if the inftrudions for the ufe of the ambafTador, drawn up by the Prefident, are laid before the fenate, and approved ,ef by theroj I do not fee how this could ah( ; the cafe ; becaufe th« A a i I I 1 :i! 1.'') I< 'M 182 OBSERVATIONS, &c. iff' ""-». ; Prefident, by fuch aA> has exercifed his power In making the treaty f and therefore can riever afterwards controul the vote of the fenate, approving or rdefHng fuch t-eaty. In fliort, Mr. Brown, the conftraftion that will be mod agreea* ble to the fcope, fpirit, and genius of the confHtution, and at all times hereafter lafe for the United Sutes (for too much cannot be trufted to the prefent illuftrious charaAer who fills the office of the executive) will be, to confider the Prefident's laying a treaty before the fenate, in the fame light as his nominating a gentleman to an office. In this latter cafe, their confent and advice is equivalent to a command, and carries with it a conJlUuttonal obligation to appoint the perfon nominated. In like manner, their confent ;o a treaty made by the Prefident, and their advice to him to ratify It, are final, con- clufive, and obligatory upon him. In both cafes, he is contemplated by the conftitution as the agent, the inftrument, or prime mover in the bufinefs. But it is the fenate, JlrlBly fpeakui^ .. who maie the treaty, and appoint the officer, through the means and by the a^- ance of the Prefident ; who poflefies the power indeed of bringing the objeAs into the view and contemplation of that body and that ia all. .■■.l>*v(:,^2t/ A FEDERALIST. -l :;■■•■>• !■: .'». ^-^ ,. i! ■h - J - » jBntj/h Proclamations, GEORGE R. Additional Inftru£tions to the Commanders of sXX our (hips of war, and privateers that have, or may have letters of marque (L.S.) agunit France. Given at our Court at St. James's, tlie 6th day of Nov. 17931 •" ^^ 34*** Y^*"" °^ °**' reign. THAT they fliall ftop and detain all (hips laden with goods, the produce of any colony beloiagtng to France, or carrying pro* vilions or other fupplies for the ufe of any fuch colony, and (hall bring the fame, with their cargoes, to legal adjudication in Q))r Courts of Admiralty. By his Majedy's command, A Copy, 7 HENRY DUNDAS. Jno. Ibbertfon. } Inftruftions to Commanders of our Sh<'ps of war and Privateers, that have or may have Letters of Marque againft France. Given a^ our Court at St. James's, the 8th of Jan. 1794. GEORGE R. WHEREAS by a former inftrudlion to the Commanders of our (hips of war and privateers, dated the 6th day of Nov. 1793 — We (ignified that they (hould Aop and detain all (hips ladei} with goods, the produce of any colony belonging to France, or car- rying provi(ions or other fupplies for 'he ufe of any fuch colony, and fhould bring the fame with their car[ >es to legal adjudication. W« are pleafed to revoke the faid in(tru^ ons, and in lieu thereof, have thought (it to iffue thcfe our inftrufiijins, to be duly obferved by the commanders of all our (hips of war and privateers that have or may have letters of marque againd France. 1. That they (hall bring in for lawful adjudication, ail ve(rels with their cargoes that are laden with goods, the produce of tlie French Weft India iflands, and coming direcftly from any part of the faid i0ands to any part of Europe. 2. That they (hall bring in for lawful adjudication, all (hips with their cargoes that are laden with goods, the produce of the faid iflands, the property of which goods (hall belong to fubjcfts of France, to whadbever ports they may be bound. 3. That they (hall feize all (hips, that (hall he tjuiid attempting to enter any port of the faid iflands diat is, or (hall be blockaded by the arms of his Majefty or his allies ; and (liall lend them in with their cargoes for adjudication, according to the terms of the fecoiid article of the former inilrudtions bearing date tlie 8th of June, 1793. 4. That they fliall feize ail vclTels l.idcn wholly or in part with naval or military (lores, bound to any port of the (aid iflands, and (hall fend them into fome convenient port belonging to his Majclty, in order that they, together with their cargoes, may be proceeded againft according to the rules of the law of nations. H. DUNDAS. f fH 1 I" \: ! ^ fi ., -i- Ztord Dorchejler's Reply to th Indians. REPLY of hi& Excellency Lord Dorchefter to the Indians of the Seven Villages of Lower Canada, as Deputies of wll the Nations who were at the general Council held at the Miami, in the year 1 793 ; exc^t the Chawauous, Miamis, and Loups. Children^ I HAVE. \(rell confidered your "Woirds, and am «o1ir prej^isd to reply. ChiUretij You have informed me that you are deputed by the feveti villages of Lower Canada, and by all the nations of the upper country which fent deputies to the general council held at the Miamis» except the Chawauous, Miamis, and Loups. ^ Cbilt/ren, You remind me of what paffed at the council-fire at Quebec, juA before my lafl departure for England, when I promifed to reprefent their lituation and wiihcs to the King their Father, and exprcfled my' hope that all the grievances they complained of, on the part of the United States, would be foon done away, by a juft and lalling peace. CMJretff I remember all very well j I remember that they pointed out to me thi; line of feparation, which they wiflied for between them and the United States, and with which they would be fatisfied and malce peace. Childrtn, v ^ (v- I was in expectation of hearing frOm the people of the United States what vas required by them ; I hoped 1 fhould have been able to bring you together, and make you friends. Children^ I have waited long, and likened with great attention ; but I have not heard one word from them. Children^ I flattered myfelf with the hope that the line, propofed in the year eighty-three to feparate us from the United Gtates, Which was immediately broken by themfelves as foon as the peace was (igned, would have been minded, or a new one drawn in an amicable man- lier ; here alfo I have been difappointed. Children, Since my return, I find no appearance of a line remains ; and from the manner in which the people of the ftates pufh on, and aft, and talk, on this fide, and from what I learn of their condudt to- wards the fea, / Jhall not be furprifed if we are at war with them in thec6urfe of the prefent year ; and if -we are, a line muft be drawn by the warriors. MADISO>^'« RESOLUTIONS. ««S You alk for a palTport to go to Ne'w.York ; a pa^pon is uitlefs Hi peace ; it appears therefore that you «xpeft we fhafl be at war with the States before you return — ^you fhall have a pafTport, that, whe* ther peace or war, you (hall be received by the king's warriors. ChiUreHy They have dleAroyed their right of pre-emption \ therefbre ill their Approaches towards us iince that time, and all the purch&fes made by them, / conjider at an imfrhgement on the iing't rights ; ind when a line is drawn between us, be it ]^eace c 'var, they mud lofe all their improvements and houies on our Mr > . it; who do not obtain leave to become to the Indians will, ofcouife, be cc .. ChiUrin, What further can I fay to you '— > ai . our part we have aAed in the moir peaceable manner, and benie tht language of the United States viith patience ; and I believe our patietice is ^moft exhaulled. V-- Given under my hand at die caftle of S^ Lewis, in the city A ^ of Quebec, on the tenth day of February, in the ytat of ' our Lord, 1794. -* • -DORCHESTER,. By his Excellency's (Command, ; ' ;, : " v:ji j Herman W, Hylangt Secrttory. '^' ' *• the people mnll be cone, fuljeHt i what belongs dfecuredtothem. our witncffes, Aat oa ';,> Refoluttons of Mr, Madijon^ LAID before the Houfe of Reprefentatives of the United States en Friday, the tfd«f January, 1794. RESOLVED, as the opinion of this committee. That the in- tereft of the United States would be promoted by further re- ftri^ions and higher duties, in certain cafes, on the manuiaAures and navigation of foreign nations employed in the commerce of the United States, than thofe now impofed. I. Reiblved, as the opinion «f this committee. That an ^di>- tional duty ought to be laid on the following articles, manafadured by European nations, having no commercial treaty with the United States. On all articlies ttf which leather is the materkl of diief value, an additional duty of per centum ad valorum. « . On a!i manufaAured iron, fteel, tin, pewter, copper, brais, or iirticles of which either of thefe meuls is the material of chief vaiuej an additional duty of per centum ad valorem. IMAGE EVALUATION TEST TARGET (MT-3) k / /if J^V y 4^^ 1.0 I.I ■^ lii 12.2 m m lU lit lAO IL25 iiy 1.4 ■ 20 1.6 Hiotographic Sciences Corporation 23 WIST MAIN STRiET WEBSTER, N.Y. KSM (716)872-4903 V iV ^ •s^ \ :\ ^.'^" ;\ ^ cy ^ isa MADISON'S RESOLUTIONS. mm m Ell On all ardcles of which cotton is the material of chief value, am addiuonal duty of per centum ad valorem. On articles of which wool is the material of chief value, where the eftimated value on which the duty is pyable, is above an ad- ditional duty of per centum ad valorum ; where fuch vake it below an additional duty of , per centum ad valorem. On all cloths, of which hemp or flax is the materia of chief value, and of which the eftimate value on which the duty is payaUe, is below aQ additional duty of per centum ad vuorem. On all manufactures of which (ilk is the material of chief value, .a> ^ditional duty of per centum ad valorem. 2. Refolved, as the opinion of this committee, That an additi- 4>nal duty of per ton ought to be laid on the veflels belon^g to ■ations having no commercial intercourf* with the United States. 3. Refolved, as the opinion of this committee. That the duties on veflels belonging to nations having commercial treaties with the Uaited States, ought to be reduced co per ton. 4. Refolved, as the opinion of this committee. That where any na- tion may refiife to confider as veflels of the United States, any vef- fels not built within the United States, the forei^ built veflels of fucb nation ought to be fubjeded to a like refiifal, unlefs built within the United Sutes. 5. Refolved, as the opinion of this committee. That where any nation may refufeto admit the produce or manufa^res of the Ub'ted States, unlefs in veflels belonging to the United St9,te8, or to admit them m veflfels of the United States, if laft imported from any place within the United States, a like reftri£Hon ought, after the day of to be extended to the produce and manufadtures of fuch nation ; and that, in the mean time, a duty of per ton, extraor- dinary ought to be impofed on veflels fo importing any fuch produce or manu&Chire. 6. Refolved, as the opinion of this committee, That where any pation may refiife to the veflels of the United States a carriage of the produce or manufadhires thereof, whilfl fuch produce or manufac- tures are admitted by it in its own veflels, it would be juft to make the reftri^ons reciprocal } but in as much as fuch a meaiure, if fud- denly adopted, might be particularly diftrefiing in cafes which merit the benevolent attention of the United States, it is expedient for the prefent, that a tonnage extraordinary only of be impofed on the veflels fo employed ; and that all diftilled fpirits imported therein Ihail be ful^eded to an additional duty of one part of the ex- if iiog duty. 7. Refolved, as the opinion of this committee. That provifion ought to be made for liquidating and afcertaininn the lofles fuftained by citizens of the United States from the operation of particular regu- lations of any country, contravening the law of nations, and that fu,ch lofl*es be reimbuiied in the firft inftance, out of the additional duties on the manufa<^res, produdlions and veflels of the nation eftablifliing fuch unlawful regulations. , ' value, ai lue« where an ad- ch Take it m. chief value, e, is Mqw F value* JM ;an addid- slongiog to States, the duties !s with the ;re any na> i, any vef- vefiels of •uilt within nrhere any the Uft'ted to adroit any place ^e day es of fuch extraot- h produce vhere any tage of the manufac- l to make re, iffud- hich merit :nt for the npofed on :ed therein of the ex- ■ Li. ifion ought Gained by ular regu- and that H.ditional he nation C i«7 ] Refolutions of Mr. Dayton^ LAID before the Hoofe of Reprefentatives of the United States, on the 27th of March, 1794. RESOLVED, That |»-ovifion ought to be made fay law, fof the fequeftiation of all tbt deb^ due from the citizens of the United States to the fubjeds of the king of Great Britain. Refolved, That provifion ought, in like manner, to be made for (ecoring the payment of all fuch debts bto the Treafury of the Uni- ted States, diere to be held as a pledge for the indemnification of (uch of the citizens of the faid States, as fliall have fuilered from the (hips of war, privateers, or firom any perfons, acting under the commiffion or auUiority of the Britiih lung, in contravention of the laws of nations, and in violation of the rij^ts of neutrality. Rejolution &f Mr, Clarke^ LA.ID before the Houfe of Reprefentadves of the United States, K *® 7*^ of April, i794» . ,^, ^in ESOLVED, That undl the government of Great Britain j\. fliall caufe reftitutioh to be made for all the lofles and damages fuftained by the citizens of the United States, from armed veflels, or from any perfbn or peiibns a6Hng under commiffion or authority of the Britifli king, cont -ary to the laws of nadons, and in violadon of the rights of neutrality ; and alfo, until all die polls, now held and detained by the king of Great Britain, within the territories of the United States, fliall be furreudered and given up. all commercial intercourfe, between the cidzeus of the United States, and the fub- jeAs of the king of Great Britain, fo hx as the fame refpeAs ardcles of the growth or manufadhire of Great Britain or Ireland, fliall be prohiluted ; provided fuch prohibidon fliall not extend to veflels, or their cargoes, arriving in any of the portt of thq United Sltates, ^fore the day of next. m i»f: ■ C 188 3 [Fnm the Aurora,'} n^rn !l!i.:,: .m Enplanation of the aSiual JituaHon ef Mr. yafs Treaty. MR. MACHlh I HAVE l«t«ly rmd with aMeetien th* Tr«(tty between Qhu BrUMn »nd the UaitiBd Smu, u alfo tH« |t.crQhmoii of (}ie §f • natie, ccNMiitMwaUy eonfcatiQg to i(» mti(citioo>«»WhjU; th« S«n»t^ in<- «:oick4 l>)r this r^atiaa is vimmxly (Ufficult to di^oyer, { i^pf , however,. die following rsmarks wiU aontiihiite ta pli^^ it vpw tht leaft exceptionable ground. The refolution is in thefe words— ** Refolved* That the Senate do confent to, and advife the Prefix dent of the United States to ratify the treaty of anxity, commerce^ and navigation, between his Britannic Majefty and the United States of America, concluded at London the 19th of November, 1794,00 condition that there be added t9 the iju4 treaty, an article wherel^ it (hall be agreed to fufpe^d the ppenition of fo much of the twelfth article, as relpe^ the trade, which his faid Majefty thereby confents may b* carried on between the United States and his iflands in Ht/t Weft lodiesf in the mapper, wd pn tihe tenos wi conditipn^ theMJP i^ified. ** And the Senate recommend tp the Prefident to proceed, without delay, to further friendly negociations with his Majefty, 00 the fy^ yf& of the faid trade* and of the terms and conditions in qveftion," So Qiuch of the twelfth article of the tre^aty as i? not propped (9 be fuipeoded by the foregoing refolution* is in theJGb wprds-*- *< And it is further a^ed* Thnt at the expiratipqi of d)e (aid tenn, the two contrafling prties wUl endeavour furthir tp regujgti} ^ir Qommerce, in this refpeift, accftrdipg to the fitiigtion in whi<;^ bis Majefty n' en find hinnfelf with refpe^tp ^e WeftlndieSf and ymh a vir fuch arrangements as may beft conduce to the r)])« tual advantage aud extenfion of con)merce. And the l^d p^rtji^f will then sKo renew their difcufHons, and endeavour to .agree, whe- ther in any and in what cafes neutral veflTels (hall protecEt enemy's property ; and in what cafes provifions and other articles, not gene- rally contraband, may become fuch. But in the mean time their con- du^ towards each other in thefe refttefls, (hall be regulated by the ar- ticles herein after inferted on thofe lubje^.'* The 28th article of the treaty is in thefe words — Art. XXVIII. ** It is agreed, that the firft ten articles of this tt-eaty (hall be periRaneot} mi that the fubfei|\i(eDt articles; except jti^.if'!';;. 1 EXPLANATION, &c. 189 fMr. the Prell. ommerce* ed States 1794,0a ! wbereby le twelfui ' confenu ds in tlie i^thec^ 1, withoiji I thefplh ftion," in w)>i(^^ [| Ipdv)?, >the ipu- ic, whe- enemy'y lot gene- : beir con- jr the ar- of this except the twelfth, (hall be liinited in their duration^ to twelve yean, to be computed fi-om the day on M^iich the ratifications of this treaty (hall be exchanged, butfubjeftto this condition-^That whereas the faid 1 3th' article will expire by the limitation therein contained, at the end of two years iirom the ngning of the preliminary or other articles of peace, which fliall terminate the prefent war in which his Majefty is engaged, it is agreed, that proper meafures (hall by concert be uken for bringing the fubjeA of that article into amicaUe treaty and di£> cuffion, fo early before the expiration of the faid t^rm, as that new arrangements on that head, may by that time be perfected and ready to take place. But if it (hould unfortunately happen, that his Ma- jefty and the United States fliould not be able to agree on fuch new arrangements, in that cafe all the articles of this treaty, except the firft ten, (hall then ceafe and expire together." If the treaty had been unconditionally confented to by the Senate and ratified by the Prefident, and if no new arrangements in rela- tion to the Aibjct^s of the twelfth article, could be agi'eed on between the parties, before or at the expiration of two years firom the termi- nation of the prefent war, then at that period the whole of the treaty (except the firft ten articles) would expire together — Except thofe ten articles, the whole treaty is made to depend on the operation of the twelfth article, or its fubftitute. Whenever, therefore, the 1 2th article ceafes to operate, if an agreeable fubftitute is not ready to take its place, the whole treaty, except the ten firft articles, tnuft expire with it. It is obvioufly immaterial, whether the determination of the twelfth article is occafioned by its regular expiration, two years after the termination of the war, or by the confent of the contra^ing na- tions, at an earlier period. In either cafe, the effedt muft be the fame. ■ The fefolution of the Senate makes the fufpenfion of the material parts of the twelfth article, a condition upon which they will confent to the ratification of the treaty. If this condition is not accepted by the 3riti(h king, every part of the treaty is without the fan^ion of the Senate. If it is accepted, then the fubftantial parts of the 1 2th article ceafe to operate, by the mutual confent of the contraifHng na- tions ; and therefore every part of the treaty, except the firft ten ar- ticles, muft expire with it. The foundation being taken away, the fupcrftrufture' muft fall. The Senate, aware of this conclufion, add to their refolution a re- commendation to the Prefident, to proceed without delay to procure a fubftitute for the 1 2th article, by new negociations with the Britifli king. If fuch a fubftitute can be obtained, fo as to begin its opera- tion when the fufpenfion of the 12th article takes place, then it may be contrived to give exill:ence to the whole treaty ; but without it, the Britifti king's aflent to the condition contained in the Senate's re- folution muft annihilate the whole of the treaty, or at any rate the whole of it except the ten firft articles. Under this view of the Senate's refolution, it may become a ^ueftion, whether the Prefident cui conlUtutionaliy complete t^Q ^ WiPl^AHATIQlf. #tc; inal tfi •£ vatification, >withoHt tiffin refovting to thq Seoai:^ fat th^is tppiiobaooui.^ If new wpkftgfifoeatf ^re i^a^i^ m ,%¥ly '^f Il^Sf ^ the lath »n>cle« t}|sy muft fonpgt s^ piurl ^ fh« jpnefeii)t treaty-»nThey itonMQOW exUU 4n4 ««f>ff4!Mf# tl)«gf c^nq( U'Taid to have obr taiiie4 the tonfeat oftlif 9ea«te — ^WUhjOwt thj? copfent of the Senate* a treaty cannot conftitttti«)P9% be inade-^if QQ nevr a^t^lgel^ents are, agreed on, and the cQn4>tK>i> apon vrlvcb tbe Sfpate h%ye copfeoted to the ratificati(Wa i> ^P^!^ to, ^n ^ tbe <;oiiditk>n itfeU' wU) de{koy alt the treaty, ei^yt the firft ten articles, the difcuf^on of tihe i|ueftioo, a:s to thePrefident'a coo{Ut9ti(»)al power, becomes unii^t potCant, as to all tbe treaty, except the ten wh ar^cles. The ope-t latim of the condition, when aflented to, upon the Prefident'a power to ratify^tl^ ten firft articles, is a queftion I do not now in- tend to examine, becaaje tiut proceedings « place of I luveobf le Senjte, Mnentsar^ cQofeoted itfetf wiU fcuilon of nesuiui^t The qjfft iVefident's 2t now lo- re uneqiui \ofi intend eaty wiA LNU5. •*(i 't,?V>J: ',7!i,"F Si; 'ygs V \ »• I;, Publi/hed by M. Garey, iV«. 1 1 8, MarkeU flre^ty Philadelphia. COLUMBIAN MUSE, Containing a choice feleAion of American poetry, from th« worki of Barlow— D wight — ^TrnmbuH-— Freneau — ^Humphreys — ^Liv- ingfton — Hopkinfon— James— —HojJuna — Lathrop—— Smith — Dawes — Ladd — Bradford — Bayard — Evans — ^Dunlap— AUbp, &C. (Price 75 cents.) THE HAUNTED PRIORY; OR» THE FORTIJNES OF THE HOUSE OF RAYO, A Romance, founded partly on hiftorica) ia^s* '(Price 9o tents.) CHARLOTTE-rA TALE OF TRUTH, A Novrf — By Mrs. RovffoHt of the New Theatre, Philadelphia; author of Victoria, the Inquiiitor, Fille de Chambre, &c. 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