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Lorsque le document est trop grand pour Atre reproduit en un seul clich6, 11 est film6 A partir de I'angle supArieur gauche, de gauche d droite, et de haut en bas, en prenant le nombre d'images nAcessaire. Les diagrammes suivants illustrent la mAthode. y errata id to It ie pelure, ifon A 1 2 3 32X 1 2 3 4 5 6 I lij» . . * i.,H.ll,ll l lip piippipilH ^t„ ^ > ,-<-<-<-4 « ■*• . E'l^ t ■#■ t. 'S^ •^ u lY It It J I I G TH # •#-<-«"<..4«4..<.. - ^1 *. ■♦. 4- •^..<..<..4..< .<■<•■<■•<••«•<■•«■•<.■<•.<•<•■<••<■•<••<■■<••< •<-<-«"<-»">"»">^ k OF THE I Prefident of the United States^ TO CONGRESS. MESSAGE 'ft I* RELATIVE TO #* * r I T Ji It It It I It .■-^1 F R A N..«C E AND GREAT BRITAI N: DELIVERED, DECEMBER 5, 1793. WITH THE PAPERS THEREIN REFERRED TO. Publt/hed by Order of the Houfe of Reprefentatlves. \ Y t' T, r Y T, Y' I: T I; I: t T I PHILADELPHIA: PRINTED FOR MATHEW CAREY, NO. 118, MARKET-STREET. OCTOBER 24, 1795. \_Price 8;^ Cents.'] > X *r JT XT > jn IT «r «^ IT IT >r ir «r % x j» j* Y' T , 'mk-t m!^:.^ renc toil alon UNITED STATES, iJ^fffw^^r 5th, 1793,. Gentlemen ^/^ Ses at e^ and 0/ the Hovse of Representatives. AS the prefent fttuation of the feveral nations of Europe t and efpeclatty of thofe with which the United States have Important relatlonst cannot hut render thefiate of things between them and uSf matter of Intereftlng Inquiry to the leglflaturet and may Indeed give rife to deliberations ^ to which they alone are competent, I have thought It my duty to communicate to them, cer- ' tain correfpondenees, which have taken place. The reprefentatlve and executive bodies of France have manlftfled gene- rally, a friendly attachment to this country, have given advantages to our commerce and navigation, and have made overtures for placing thefe ad- vantages on permanent ground i a decree, however, of the National Affem- hly, fubjeSlng vejfels laden with provlfions to be carried Into their ports, and making enemy goods lawful prl%e In the veffel of a friend, contrary to our treaty, though revoked at one time, as to the United States, has been fince extended to their vejfels alfo, as has been recently Jlated to us. Reprefenta- tlons on thefubjeS will be Immediately given In charge to our mlnljler there, and the refultjhallbe communicated to the legtjlature. It Is with extreme concern, I have to Inform you, that the proceedings of theperfon, whom they have unfortunately appointed their mlntfter plenipoten- tiary here, have breathed nothing of the friendly fplrlt of the nation, which fent him ; their tendency, on the contrary, has been to Involve us In war abroad, and dlfcord and anarchy at home. So far as his ads, or thofe of his agents, have threatened our Immediate commitment In the war, or Va- grant Infult to the authority of the laws, their effeB has been counteraBed by , the ordinary cognizance of the laws, and by an exertion of the powers con- fded to me. Where their danger was not Imminent, they have been borne with, from fentlments of regard to his nation ; fromaftnfe of their frlend- fhlp towards us ; from a convlBion, that they would not fujfer us to re- main long expofedto the aGlon of a perfon, who has fo little refpe8ed our mutual difpofittons ; and, I will add, from a reliance on thejlrmnefs of my fellow-: WASHINGTON. V PAPERS &c. \commum- TRANSLATION. Philadelphia, May 22, 1793* Liquidation of 2d year of the French Republic, the Debt of the The Citizen GfneTj Miniver Plenipotentiary of the United States French Republic ^ to Mr. jF.FfER&oNf Secretary of to France. State of the United States of ^{imerica. Sir, THE executive council of the French Republic has learnt through my predeceffor, the Citizen Ternant, the readinefs with which the government of the United States of America attended to the fa- cilitation of the purchafes which that minifter was charged to make in the United States, on account of the French Republic ; as alfo the acquittal of the draughts of the colonies for which imperious circum- ftances obliged it to provide. The executive council, fir, has charged me to exprefs to the American government, the acknowledgment in- fpired by all the marks of friendship which it has given on this fubje^: to the French nation ; and to prove to it the reciprocity of our fenti- ments, it has determined to give at once a great movement to the com- merce of France with America, in drawing henceforth from the United States *he greateft part of the fubfiftence and ftores neceflary for the armies, fleets and colonies of the French Republic. The executive council has entrufted me with the direflion of thefc. great and ufeful operations, and has given me particular powers com- prehended in the reports, and in the refolutions now enclofed, in virtue of which I am authorifed by the council and by the national treafury of France, to employ the fums of which the United States can efFe6l the payment (towards their debt to France) or thofe which I can pro- cure on my perfonal draughts, payable by the national treafury, in purchafing provifions, naval ftores, and in fulfilling other particular fervices, conformably to the orders which have been given to me by the minifter of the interior, of war, of the marine, and of foreign affairs. The government of the United States is too enlightened, not to per- ceive the immenfe advantages which will rcfult from this meafure to tlit- people of America ; and 1 cannot doubt that, knowing the difficiiltiti vhich different circumftances might oppcfe at this mcmetiit, to the cxc- [6] cution of the prtlTing commliTions which have been given to me, if it (huiild not facilitate to us flill the receipt of new fums by anticipation, it will PiikI III its wifdom, and in the reports now cnclofcd, of the min- iller of the public contributions of France, meafures proper to anfwcr our view8| and to fatisfy our wants. It docs not belong to me to judge if the I^refidcnt of the United States, is inveftcd with powers fufficient to accede to our rcquell, with- out the concurrence of the Icgiflative body : but I will permit myfelf, to obfcrvc to you, fir, that the lad anticipated payments, which took jplace, prove it, and that this queftion appears equally decided, by the aft of Coiigrefs, wlu'ch authorifes the executive power not to change llic order of the reitnbiufenients of the foreign debt of the United States, unlefs it (hall find therein an evident advantage. Now what advautige more fcnfiblc can we offer to you, than that of difcharging your debt to us with your own produftions, without exporting your ci(h, witliout recurring to the burdenfome operations of bankers ? It is furnifliing you, at the fame time, with the means of paying your debts, and of enriching your citizens ; in fhort h is to raife the v.ilue of your produftions, and confequently of your lands, in cfta- blilhing a necciTaiy coinpetition between us and a nation which has in a nieafure refumcd with a great deal of art and of facrifices, the mono- poly of your own produftions. It is time, fir, that this commercial revolution, which I confider the completion of your immortal political revolution, fliould accomplifli itfelf in a folid manner ; and France ap- pears to me to be the only power which can operate this incalculable good. She dcfirc? it ardently. The wife arrangements of which I have now given you an account, are the proof of it. It remains then with your government to fecond the views which are fuggefted to us by ourconflant friendfliip for our brethren the Americans, and by the defirewe have to ftrengthen the bonds which unite us to them. It will be a pleafmg duty to me, fir, to conform myfelf in the adminiftra- tipn which is confided to me, to thefe fentiments of the French nation, for all the United States ; and in order that every one of them may participate in the extenfion of our commercial relations, I will take care to diftribute my purchafes among the different flates of the Union, as much as the natural produdlions of their foil and the nature of their commerce, will permit. I will negleft no means, moreover, in order that the modes of purchafeprefcribed tome, may enable, not only the American and French merchants, but alfo the land-holders and farmers to take advantage of the benefits which may refult from our purchafes, GENET. (Copy.) American Debt, TRANSLATION. I ft Report. CITIZEN Genet, Minifler Plenipotentiary of the French Repub- lic to the United States of America, has been charged by the |>ro^'ifc.'iy executive council, to foHcit the American govcnimcr.t, for. [ 7 ] '" the payment of the fums remaining due to France by the fald flatus, though all the terms flipulatcd for the rcimburfement have not yet expired. The provifory executive council were led to this refolution, 1 . By the extenfive wants of the Republic, as well in fubfiftcnce for Interior confumption, as for warlike (lores and provifions required for the army by fca and land. 2. From the convenience with which a part of thefc (lores and pro- vifions may be purchafed in the different markets of the United States. 3. From the advantage which the Republic would find in making thefe purchafes in, and with the monies arifing from the American debt. 4. In fine, from the confideration that the United States might find it convenient to anticipate the reimburfements of the- monies due to France, when they were to be employed within themfelves in purcha- (ing the produdions of their foil. In confequence, the Citizen Genet has concerted with the minifters of the intenor, of war, of the marine, and of foreign aflfairs, in order to obtain a llatement of the expenfes of their feveral departments. Ac- cording to this, the funds to be difpofed of by Citizen Genet, will amount to about feventeen millions of livres tournois, a fum not equal to the whole of the balance due by the United States to France. But here two quedions arife with Citizen Genet — ill. How to arrange the matter fo as that this fum (hall be properly accounted for in the national treafury, through which it ought to pafs ? And fuppofing, fecondly — That the purchafes of warlike (lores and provifions are indifpenfable, and ought to be made and expedited to France with celerity, the Minider Genet defires to know how the money can be replaced, in cafe the American government (hould refufe to anticipate the reimburfements Observations. ift. On the Conjijlency, Suppofitig that the United States (hould confent to anticipate their reimburfements ; they may do fo, in two ways — By fpecie, or bank notes having an equal currency ; Or bv (late fecurities on intered, and reimburfable on a given term. The nrft of thefe is accompanied with no difficulty. The minidet Genet will furni(h his aflignments or notes on the treafury of the American government, for the warlike dores and provifions, and other preffing wants, for expenfes relative to the fupport of Confiils — for extraordinary and fecret purpofes of embafTy — and for viftualling and refitting velTels. Thefe notes will be damped by the department of the miniftry, upon the compatibility of whom they will have been fur- nifhed ; the American treafury will return them mto the French tre». fury, in payment of the debt of the United States ; vvhen they will be paffed to the credit of the faid dates j and to the debit of each department of the minidry whence they ifllied, or whofe damp they .? [8] bear, an a part of the fums allowed by the National Conventiu.i to each, for their cxpenfcs. The metliod, in the fccond place, (hould be the fame, becaufe the Miniller Genet will not accept llatc fccurities of the American govern* ment, unlcfs he can make ufc of them as ready money, of which he ii to aflure himfelf before the conclulion of any tranfadtinn on either fido. Then the receipts which the Minifter Genet will furnidi to the Ame- rican government, with the llamp of the department for which their ralue (hall liave been employed, (hall have the fume eifedl with regard to this government, and the French treafury, as if their value had been paid in fpecie. It might happen that the (late fecurities which the Miniiler Genet (liould receive inliead of ready money, as above mentioned, may lofe fomething of their value by depreciation ; but then this lofs is to be carried to the debit fide of the account, which the Miniller Genet will fumi(h, of the manner in which they (hall have been employed, for the departments of the interior, of war, of the marine, and of foreign aiTairs. ad. In cafe the American government Jhoul J not confent to any atU'tcipa- lion in the payment of the debt of the United States to France. There are but two methods to provide for this improbable contin- gency — if we can fuppofe that the United States have any iutereft in acknowledging the French Republic> and living on friendly tcrmi with her. . Even admitting that we could not reckon on the good will of the United States, the (ituation of the finances, or the exceffive dearnefs of the metals, in comparifon to notes, not permitting us to export a large fum of dollars to America, we (hould be obliged to make ufe of drafts on Europe : they muft be . either on London and Amfterdam, by the help of a credit to be obtained for Citizen Genet, and of which he muft give information in America, or upon the national treafury of France itfelf. * The Englifh government having determined to make war on us, the firft method cannot and ought not to be made ufe of.— It woiild be not only impolTible to obtain a credit to the end of our operation^, but it would be attended with great expenfe, from the low ftate of ex- change occafioned by the war. The only refource then remaining, would be to furnifh orders on the national treafury : but if thefe (hould enjoy the credit which they merit, there/ is reafon to bdieve, that the Americans would ftill prefer them for affignments of the debt of the United States. So that it is very probable, that this means of ma- naging the matter in America, the beft the Republic is at prefent ca- . pable of devifing, is that on which the executive council may, with greateft fafety rely, unlefs the United States would wi(h to render themfelves hoftile towards the Republic, which, from every appearance, is unlikely to be the cafe. But it is proper wc (hould provide for ever)' contigency, the omifllon of which might caufe Citizen Genet *% [9] ntiu.i to :aiifc the govern- ich he it a cither lie Amc- ich their h regard liad been er Genet may lofe } is to be :r Genet mployed, , and of « le contin- utereft in dly terms lin of the dearnefs export a :e ufe of ifterdam, |of which lafury of |n us, the roiild be kerationfi, Ite of ex- laining, fe fhould I that the It of the lis of ma- efent ca- ■ay, with lo render ^earance, j)vide for In Genet cmbarrafTment ; therefore, the minifter of public contributions pro- pofes to the provifory executive council the following DICtSION. The national treafury will fumiOi Citizen Genet with a declaration in writing, authorizing him to employ, agreeably to the orders of-the r.u'niflcrs of the interior, of war, of the marine, and foreign affairs, the I'uins he (hall receive from the government of the United States, on ac- count of the debt due to France, or the complete bal.ince thereof, as well principal as intereft, in conformity to the inllrudtions given to Citi/cn Genet, on that fubjeft. The national treafury will authorize the Citizen Genet to fumiHi or caufe to be furnifhrd upon his banker, bills of exchange drawn at two months light, to the amount of the fums requifite for the payment of fubfidence, warlike ftorcs, and other expenfes of thofe minifters* 'jThe faid billn of exchange (hould be employed to make up the faid payments only in cafe Citizen Genet ftiould not be able to do fo, either ill whole or m part, with the funds ariiing from the American debt, which he is charged to negociate. And in fine, m order to induce the United States to make this re- imburfement, in cafe they (hould not be able to effect it, either in whole or in part, with fpecie, the Citizen Genet is authorized to ac- cept it from the American government in fuch ftate notes, bearing intereft, as (hall be received at par, by the perfons to whom Citizen Genet may have payments to make on account of the Republic. The orders which Citizen Genet (hall furni(h on the treafury of the United States, in exchange for fpecie or ftate notes, (hall carry in their faces the declaration of the department for which they (hall have been employed : the Treafurer of the United States, after difcharging their amoiint, (hall fend them to the French treafur}', where they will be re- ceived as fo much ready money, in difcharge of the debt oi the United States, and as expenditures in part of the fums allowed by the Na- tional Convention to the three departments defignated in the orders The bills of exchange on the national treafury, (hall in the fame man- ner bear the ftamp of the minillerial department, for the expenfe of which they have been fumiflied, and (hall be charged by the national treafury, on account of the fum allowed by the National Convention to the faid department. The Citizen Genet (hall tranfmit to each minifter proper ftatements, fnppoiled with vouchers, ns well of the ufe made of the funds agree- ably to his orders, as of the manner in which he (hall have procured them. • In cafe the Citizen Genet (hall have received from the American government, bills or ftate fecurities in reimburfement of the debt of the United States, which he could not pafs without fome facrifice ; the lofs, in that cafe, fiiall be confidered as part of the expenfes of pur- chafe, tranfporfcation, or payments, confided to him. Should the council approve of this decifion, a copy thereof (hall be jfent to the Citizeu Genet, certified by the fecretary of the council, at B I- [ 10] well as the nuoIAers of the interior, of war, of the marine, and o£ foreign affairs. PariSf the id jfanuary \ 'jg^—^ie zdywr of the Republic. The prefent fmmoire has been read and approved in the provifory executive council, the 4th of Jani^iy, 1793 — in the 2d year of the Republic. , 77v Sscretarv of the Counetf, GROUVELLE. f Signed) Le Brun^ Mlnijler for Foreign AJ'airei, . I hereby certify, that the foregoinfr Ih a true copy from the original in my pofleffion. — Philadelphia, 2 2d May, 1793 — '" ^^^^ fecond year of the Republic. The Mini/lcr of the French Repiihlicy GENET. TRANSLATION. ixtrafffrom the reg'ifters of the deliberations of the provlfory executive coun- cil ■, of the ^h January y * 793» '« the fecond year of the Republic, THE minifter for foreign affairs, having Informed that the citizen Genet, appointed ]^iniffer Plenipatentiaiy, from the French Republic to the Congrefs of the United States of America, and that it would be neceffary for the council, to decide definitively on his in- ftiudlions for the fulfiln?ent of hismiflion. The draft of the fame was accordingly read— the council in adopting it, declares that the copy thereof for citizen Genet (hall be figned by the Prefident, and counter-figned by the Minifter for foreign ? .tairs. After which the executive council, wlfhing to determine the form in which the full powers given to citizen Genet, fhall be exerclfed rela- tively to the general dire£lion of confular bufinefs, according to the, prefent Ideas of the Minifter of the marine and of foreign affairs, who have obferved the necefllty of a new organization of the confulates and vice-con fulates In America, has confidered and refolved on the follow- ing, which fhall Cerve as Inftruftions to citizen Genet, for whatever may coiicern this part of his miffion, rnd of which alfo a copy iigned by the Prefident of the council and counter-figned by the minifter of the ma- rine, fliall be given him. Here follows the Inftruftlon concerning the general affairs of the confulates and vice confulates of North-America.* The executive council then took into confideratlon the particular fnlflion of Citizen Genet, Minifter Plenipotentiary from the Republic of France to the Congrefs of the United States, on the fubjecl of ne- gcclation relative to the relmburfement of the fums due or that may become due of the debt of the United States to the French Re- public. An account was given of the different difpofitlons and fteps already taken for this puipofe. It was obfened that confidering the * This inJlniRion is depcfited in the office of the Minifler for foreign af- fairs ^ and a certified copy thereof has lem delivered to Citizen Genet. (7. nerica.' [ II ] utility of applying the proda£l of the reimbuifements which may bf cffeAed through ConLT-cfs, to the purchafe of warlike ftores and pro- vifionSy which it may h^ convenient to the Republic to procure in ihe different markets of the United States ; that the Citizen Genet had concerted on this head with the minillersof the interior, of war, of the marine, and of foreign aifairs, in order to determine the mafs of the funds, confidtd to him for thefe purchafe*— bat that feveral points oc- curred, which required to be detinitively fettled by tlie council, either as to the forms of compatilility, or the fupplying of any deficiency in thofe funds, in cafe tlie American government fliould not realize its reimburfements m proportion to the purchafes made on account of the Republic. Whereupon the provifoiy execMtlve council, after having heard and difcufled the reports and meafures prefented by the minifter of con- tributions, agi'ee upon the following : ill. The Citizen Genet fiiall beauthorifed to employ, agreeably to the orders of the minifter of the interior, of war,, of the marine and foreign affairs, the fums which may be paid to him on account of the debt due by the United States, to France, or the whole reimburfement thereof. 2d. In order to facilitate thefe reimburfements, the Citizen Genet, in cafe he fhall not be able to obtain them in fpecie, may accept thetn in fuch flate-notes as fhall be remitted to him by the Ariierican go- vernment, and received as ready money, by the perfons to whom Ci- tizen Genet may have payments to make on account of the Republic. 3d. The orders which the Citizen Genet fhall furnifh upon the treafury of the United States, in exchange for their value, fhall indicate the department on account of which they may be drawn. The trea- fury of the United States after difcharging thefe orders, fhall tranfmit them to the treafury of the French Republic, where they fhall be confidered as fo much money, in difcharge of the debt of the United States, and as making a part of the fums placed by the National Con- vention, to the difpofition of the miniilerial departments defignated in the orders. 4th. In cafe the reimburfements of the United States, fhould not be effefted in time, or a fum fufficient obtained — ^the Citizen Genet fliall be authorifed to furnifh on the general banker of the national treafury, bills of exchange, at two months fight, to the amount of the fums diredled to be employed by him in the payment of provlfionn, warlike (lores and other expenfes ordered by the faid minillers. Thefe nils of exchar.gsy as well as the orders ^ fliall be ftamped with the name of the miniflerial department, on account of v/hich they fhall hpve been furnifhed, in prder that the national treafmy may debit each, with the fum expended on its account;* 5tb. The Citizen Genet fhall furnifh each minifter with a proper flatement, accompanied with Ycuchprs in fuppprt of It, as wdl of the application of the fund^, conformably tc Hi^ pvders^ ad of the manPfer io. fvhich he fhaU havig obtained them. [12] • 6th. In cafe the Citizen Genet (hall have received from the Ameri* can government, bills ur ftate fecurities, (bans d'etat) in reimburfement of the debt of the United States, which he could not pafs without fomc facrifice, the lofs in that cafe (hall be confidered as part of the expen- fes of purchafes, tranfportation or payments confided to him. 7th. A certified extradl of this deliberation, (hall be given to the comniittee of the national treafury, to enable them to concur in expe- diting the above mentioned arrangements ; and in order thereto, to furnifh the Citizen Genet with declamtions and powers fufficient to enfure the fuccefsof the important operations with which h^ is charged. Duplicate conformable to the reg'iftsrf (Signed) Grouvelle, Secretary of the Council. I hereby certify that the aforegoing is a true copy from the original in my pofTefllon. The Minijler from the French Republic ^ to the United States of Americcu GENET. TRANSLATION. American Debt, Report of the Minijler of public contributions ^ on 2d Report. the liquidation of the American Debt. THE approaching departure of the Citizen Genet, on his embaffy to the United States of America, requires that the provifory executive council (hould again take up the fubje6l of the debt due by the United States to the Republic of France. I have given information to Citizen Genet of the offers made by Colonel Smith of New- York, to procure to the Republic not only the reimburfement of what remains due from the United States, although not yet payable, but for the application of it, either for fupplies for the army, or wheat, flour and falted provifions in augmentation of our in- ternal fupplies. Colonel Smith has gone to England, and has left no other accounts relative to the operations he propofed to enter upon ; fo that all is re- duced to the preliminaries'of the negociation. Thefe preliminaries conilll pf a letter from the minifter of public contributions of the 7th of November latt to Colonel iSmith, after having been referred to the executive council. It contains, I ft. An extraft from the regifters of the council, approving the offers of Colonel Smith. 2d. The account current of the United States with the French Republic, and that of the intereft of the I ft of January next. 3d. Statement of the lofs which the national treafury would fuftain on the reimburfements whicli it has received from the United States of America, if they are not held accountable for the difference between the alTicrnats whis:h it received and the fpecie. 4th. An approbation of theredudlion to fterling money of the fum due to the French Republic at the rate pf 218. or one guinea for 25 •livres, 10 fous, French monc)', as Colonel Smith was to obtain it, which [ "3 ] fum, confifting of the capital due, of the Intcreft iip to the firft of Ja- nuary next, and the lofs on payments aheady made, was to be paid at London. 5. The approbation of the price, and conditions on which Colonel Smith offered to furnifli firelocks, deliverable at Dunkirk, agreeably to famples to be fent there by him. I have tranfmitted a copy of all thefe papers to Citizen Genet, to whom the accounts will prove ufcful in negociating the reimburfement of the debt of the United States, and the fums arifing from the reim- burfement for the neceflities of the Republic. The Citizen Genet will obferve that the amount will have been di- miniftied on his arrival in the United States, if we calculate the advan- ces made by the federal treafury, on the requifition of Citizen Temant, to fatisfy the demands of cafli and provifions made at Philadelphia, by the adminiftrators of the French part of St. Domingo ; advances which the federal treafury will of couife count as fo much of the balance due by the United States to the Republic of France. The Citizen Genet afterwards requefted inftrudlions as well with refpeft to the conditions on which he (hould accept the reimbuifcment he hopes to obtain from the American government, as to the employ- ment of the fums which (hall be delivered to him. OBSERVATIONS. There can be no doubt but that, the American government will le liberal towards France, and not reap a benefit from acquitting itfelf with aflignats. However as a part of the debt yet unpaid, is rot be- come due, and a law relative to the acquitment of this debt prefcribcs to the executive power of America, not to anticipate any payment unlefs upon advantageous terms for the United States ; it appears that this ought to be fulfilled previous to the executive's entering into a negoclation. This is at leaft the refult of a letter written by Secretary Hamilton on the 7th of March laft, to the Citizen Temant. He obferves to that Ambaffador that the fums lent by France, were borrowed in Hol- land ; that fix months elapfed between the time of obtaining the money at Amfterdam, and its recipt at the treafury in America j and that the intereft paid during that term vt'as a dead lofs. But this lofs can have no relation to France. The intereft is due to her, fiom the moment of the payment, and payment vras made the inftant that the money was lodged at Amfterdam to the difpofal of the Americans. This objeft does not appear then to give rife to any compenfation j and without doubt the American treafury will think it proper to hold to the advantage the law requires for authorizing the anticipation of' the payments, which the United States are obliged to make to France. The law^ does not fpecify this advantage. What fhould it be ? The employment of the money on account of the French Republic within the United States, is a very great advantage for them, and this em- ployment arifes from circumftancfis which probably would no longer exift, if the American treafuyy (hould refufe to anticipate reimburfc- t 14 ] inents. The advantage here is real ; it confiiU not only in a confix derable exportation of American produce, which will be paid (Ik with thofe anticipated reimburfements ; but alfo in the arrangements which the American government may take by means of ftate notes, negotiable in America itlelf. — Arrangements which would relieve her from all financial operations in Europe, for the purpofe of acquitting themfelves even in France, where the United States are obliged to make payment. And the employment of thofe fums in America, due to the French Republic, fo convenient to the United States in the prefent circum- flances, would fuit the convenience of the Republic. The minifter for foi-eign affairs has already ordered a purchafe of gi-ain, flour, and falted provifions, to the value of 3,000,000 livres, on account of the Americati debt, and this purchafe could not be paid for more advantageoufly than in this manner. It would be convenient to the Republic to give further commif- fions for grain, even to the amount of the balance due by the United States ; nor could this be blameable, as every circumilance concurs in inviting the provifoiy executive council to provide the Republic with large fupplies of provifions, and promptly ; and whether in refpeft to the market or the payment, nothing could at this moment be more be- neficial to America, and no money obtained eafier than that with which the United States could pay us. The fum to be difpofed of, will not perhaps prove fo confiderable as were to be wiflied, confideriug the wants of the French colonies, which undoubtedly will have occafioned new demands to be made at Philadelphia, fince thofe acquitted by the Citizen Ternant, of the monies remitted to him by the federal treafury, as is ftated In his letter of the 9th of March. It remains to fpcak of the conditions on which the American go- vernment would exonerate itfelf towards the Republic ; — ^thofe pro- pofedby Secretary Hamilton, in his letter of the 23d of June, 1792, to the Minifter Plenipotentiary of France. He reminds us that it has already been agreed, bctwe«i the French government and the United States, warlike ftores f munitions) fumifhed, and the payments made, and to be made in the United States, on ac- count of the debt due to France, fliould be liquidated agreeably to the intrinfic value of the metals in the two countries. This agreement is the moft equitable that could poflil^y be entered into, when we confider that France (hpuldbepaidat her own treafury, agreeably to the above method of calculation, the expenfe of tranf- portation of the metals from America to France, and the infurance. But by anticipation of reimburfement, thw bonification would be aban- fioned. In confequcnce of this convention. Secretary Hamilton fixes the quantity of pure gold and pure filver contained in a Louis and French crown : he compares them with the quantity of the fame matters contained agreeably to law In a dollar ; and cpncludes (errors in jn-. formation or calculation excepted) that a French llvrq Is ^qual tQ C «J ] :nt circum- '. concurs m eighteen 15*00 cMts of money, equal to the hundredth part of a dollar.*" It is upon this principle he propofes to convert our French livres into the dollars, which will be dehvered in the United States to the French agents authorifed to tranfa£k this bufinefs. I think this redu£fcion ftiU more advantageous to the Republic, than the promife made by Colonel Smith, in cafe we Ihould obtain antici- pated reimburfements. Be it as it may, we cannot refuft it ; and doubtlefs Secretary Hamilton takes for gtanted, that all the articles of the account current, between the French Republic and the United States, will be turned into dollars agreeably to this Ilandard. This account is in the pofTelllon of Citizen Genet — it is neceffar}' only to make it out in two columns on the debit and credit fides — to wit — an inner column for the French livres, and an outer column for the Ame- rican dollars. The accoimt of intereft (hoiild be made without this — fixing an epoch pofterior to the ift of January, 1793, for clofing the fame, after the arrival of Citizen Genet, which cannot be fo early as that date. Thus the account current, of which he is the bearer, will ferve him only as a note fixing the dates and fums by which another account of capital and intereft may be made out, and the converfion of each article therein, into dollars, will do away the necelfity of an account of lofles by exchange. The reimburfements made and not comprifed in this account are to be added to it. This brings m^ to the obfen'ations which I was induced to make in reply to thofe of Citizen Genet, relative to the liquidation and reim- burfement of the A^eripan debt, and therefore propofe to the council, the following DECISION. That the Citizen Genet, Minifter Plenipotentiary of the Repubb'c to the United States of America, be charged by the provifory ej^ecu- tive council, to follclt from the American government the reimburfe- ment of the balance remaining due, capital and intereft, by the United States to the French Repub^c, That he aftlgn as a reafon for this, the prelfing neceffities of the Republic, occupied in the defence of its liberty and independence, as the United States defended tlieirs when this fum was lent to them. That, as a law of the United States authorifes the federal govern- ment to make thefe reimburfements by anticipation, only in cafe of an advantage refulting to the United States, by fo doing, the Citizen Genet promifes the government, that the whole fum, delivered to him , fhall be employed in the purchafe of fupplies the growth of the United States, purchafed and paid for within the fame. That, as the United States wilh to reimburfe what they owe to France, without reaping advantage therefrom in any manner, from the prefent ftate of exchange, the Citizen Genet be authorifed to confent to a converfion of French livres into dollars, upon tlie rule fixed upon. [16} ▼iz— the quantity of pure gold and pure filvcr, contained in a Louifl, and in a French crown, and in the American dollars, agpreeaDly to the laws of both countries, fixing the value of thofe coins. That the Citizen Genet enipToy the fums he (hall receive from the American government, agreeably to the difpofitionn for that purpofe made in concert between the miniflers of war, of the marine, and fo- reign afTciirs. And that certified copies of this report, of the obfervations, and of the deciiion, fhall be tranfmitted to the Citizen Genet, for his in- ftru£lions. Read and approved, in the provifory executive council at Paris, the 4th of January, 1793 — in the 2d year of the French Republic. M O N G E, Prcfident. Le B R U N, Mmjlerfor Foreign Jffairs. NatlonalTreafury. TRANSLATION. Copy of a letter written by the Commj^oners of the National treafury^ to the Prefident of the Provifory Executive Council. Citizen President, WE have received the extraA which the provifory executive council have addrefled to us of their deliberation of the 4th of the prefcnt month, by which the Citizen Genet, minifter from the Re- public to the United States of America, is authorifed to make ufe of the fums which the Congrefs may be able to pay, of the debt due by the United States to France, or thofe which he may be able to procure on his own notes, payable by the caftiier of the National Treafury, in purchafing provifions and warlike ftores agreeably to the orders which (hall be given him by the miniflers of the interior, of war, of the marine, and of foreign affairs. To concur as far as is in our power, and according to the inten- tions of the executive council, in forwarding the meafures pointed out in the deliberation, we have the honor to afliire you, Citizen Pre- fident, that whatever fum fhall be fent to us in the name of Congrefs, of the acquittances or orders fumifhed by the Citizen Genet, to the treafurer of the United States, and indicating the department of the French miniflry, for which he fhall have ifTued them, we fhall imme- diately advife the executive council thereof, in order that we Tmay be enabled to credit the American Congrefs, on account of their debt, for their amount. Should the reimburfements which Congrefs may make, prove infuf- ficient to anfwer the different purpofes required by the miniflers of the Republic ; and Citizen Genet, to fulfil his miffion, be obliged to recur to his own notes, payable at* two months fight, upon Citizen Doyer, general cafhier of the National treafury ; we fhall examine when prefeuted, and immediately refer them to the miniller, to whofe de- partment they fhall relate, in order that in the intA val between their [ '7 3 txamlnation and time of payment, the minlftcra may have the proper and regular autlioritles exiietlitcd to authorife the payment. As our funf^ions are unconneclied in a dlrc(^ manner with the mi- nifters fent by the Republic to the difTerent govcrnraents, we con- ceive that this letter anfwers the intentions manifoftcd by the execu- tive council in article 7, of their deliberations, that we fhould concur in the difpolitions contained therein. Authenticated copies of this letter, expedited in the name of the executive council to the minifter Genet, will give him fufficient afTurances, for his miflion. Citizen Prefident, of all the fagility which can be derived from our concur- rence. We are, with refpeft, &c. (Signed) By the; Comm'iffioners of the Nntlonal Trenfury, Lermina, Gaudin, Devaine, De. LA Fontaine, SavELETE f. et DUTRAMBI.AY. Paris, 8 January, 1793, ^dyearojthe French Republic. WE, the underfigned minifters and members of \\\t provifory exe^iL cntive council of the French Republic, certify that the above are tlic fignatures of the comniiflioners of the national treafuvy of the republic ; and that the letter under which they are figned, was written in onfc- quence of the mifilon given by us to Citizen Genet, MtTiifttjr Pleni- potentiary from the Republic to the Congrefs of the United States, to endeavour the reimburfement of the debt due from the Urn'tcd States to France, and the purchafe of provifions in the feveral markeis of North America. Done in the Provifory Executive Council at Paris, the 1 7th of January, I7^3» in the 2d year of the French Republic. 'The members compojin^ the Provifory Executive Council. (Signed) Claviere, le Brun,Pache, Roland, Monge,Garat. I hereby certify, that the aforegoing is a true copy from the original in my poflefllon. The Minifter Plenipotentiary from the French Republic, to ' the United States of America, (Copy) GENET, TRANSLATION. Philadelphia, May 23d, 1793, 2d year of the Republic. The Citixen Genet, Min'fler plenipotentiary of the French Republic, /« Mr. jfe^erfon. Secretary offlaiefur the United States. Sir, SINGLE, againft innumerable hordes of tyrants and flaves, whq menace her riiing liberty* the French nation would have a right to reclaim the obligations impofed on the United States, hj the trea- ties (he has contracted with them, and which fiie hat; ccir.eiUcd with her blood ; but ftrong in the greatnefs of her means, and of the powc^ of her principles, not lefs redoubtable to her enemies, than the vi^-^ip- rious arm which fne oppofes to their rage, (lie ccrr.:;s, in the ve:-y time when the cmifiarieg of our commpu enemies arc; making ui"t»- . [ .8 ] lefs efforts to neutralize the gratitude} — to damp the seal, — to weaken' or cloud the view of your lellow-citizens ; — flie comes, I fay,— that generous nation — that faithful friend, to labour ilill to increafe the profperity* and add to the happinefs which fhe is pleafed to fee them enjoy. The obftacles raifed with intentions hoftile to liberty, by the perfi- dious minifters of defpotifm ; — the obllacles whofe objcft was to flop the rapid progrefs of the commerce of the Americans, and the ex- tenfion of their principles, exill no more. The French Republic, feeing in them but brothers, has opened to them by the decrees no^ir enclofed, all her ports in the two worlds ; — has granted them all the favors which her own citizens enjoy in her vail poflefTions ; — has in- vited them to participate the benefits of her navigation, in granting to their veffels the fame rights as her own ; — and has charged me to pro- pofe to your government, to edablifh in a true family compaft, that is, in a national compafl, the liberal and fraternal bafis, on which (he wilhes to fee raifed the commercial and political fyllem of two people, all whofe interefts are blended. I am invefted, fir, with the powcrr. neceflary to undertake this im- portant negociation, of which the fad annals of humanity, offer no ex- ample before the biilliant era at length opening on it. GENET. TRANSLATION. Decree of the National Convention of igth FeBruary^ i793» ^^ Tear of fhe French Republic^ relative to produce exported and imported in American veffels^ to the Colonies or to France. THE National Convention, after having heard the report of the committee of general defence — Decrees as follows : Art I. That all the ports of the French Colonies b^open to vef- fels of the United States of America. Art 2. That all produce exported orHmported in American veffels on going out or entering in the Colonies or in France, pay the fame duties as that boi'fte by French veffels. Art 3. That the executive council be authorized to take propei* meafnres that the Hates with whom the Republic are at war, do not reap any benefit from the advantages granted to friendly powers. Art 4. That the executive power negociate with the Congrefs of the United States, to obtain in favour of the French merchants, a like reduftion of the duties granted by the prefent law to American mer- chants, and thereby more clofely cement the benevolent ties which unite the two nations. Art. 5. That the law of the 20th of Auguft, 1 790, be fufpended ; and that veffels ladeii with merchandize of the Eaft-Indies, may be at libeity to land in any port of the Republic, during the war ; and that thofe which fhall be laden with the productions of the Ifle of France, and of Bourbon, fhall henceforward enjoy the fame privilege. The National Convention ha« fufpended the law of the 1 5th of Wi^% [ «9 ] 1 791, which inhibited the Amcncans from introducing, felling, and arnung their velFels in France, and from enjoying all the advantages allowed to thofe built in the (hip-yards of the Republic. Certified to be conformable to the decree of the National Conven- tion of France. The Mtnijier Plenipotentiary of the French Republic, GENET. Philadelphia, May 15th, 1793. Mr. Jefferfony Secretary of State, to M. Ternant, Miniver Plenipotentiary of France. Sir, HAVING received feveral memorials from the British minifter, on fubjcAs arifing out of the prefent war, I take the liberty of enclofing them to you, and (hall add an explanation of the determina- tions of the government thereon. Thefe will fcrve to vindicate the principles on which it is meant to proceed, and which are to be ap- plied with impartiality to the proceedings of both parties. They will form, therefore, as far as they go, a ride of adlion for them, and for us. In one of thefe memorials, it is dated, that arms and military ac- eoutrements are now buying up by a French agent in this country, with an intent to export them to France. We have anfwered that our citizens have always been free to make, vend, and export arms : that it is the conilant occupation and livelihood of fome of them. To fup- prefs their callings, nie only means perhaps of their fubiillence, becaufr a war exifts in foreign and didant countries, in which we have no con- cern, would fcarcely be expelled. It would be hard in principle and impoffible in pradlice. The law of nations, therefore, refpedling the rights of thofe at peace, has not required from them fuch an internal derangement in their occupations. It is fatisfied with the external penalty pronounced in the Prefident's proclamation, that of confifca- tion of fuch portion of thefe arms as fliall fall into the hands of any of the belligerent , powers, on their way to the ports of their enemies. To this penalty our citizens are warned that they will bb abandoned, and that the purchafe of arms here, may work no inequality between the parties at war, the liberty to make them will be enjoyed equally by both. Another of thefe memorials, complains that the conful of France, at Charlefton, has condemned as legal prize, a BritHh veflel captured by a French frigate, obferving that this judicial av*il is not warranted by the ufage of nations, nor by the ftipulations exifling between th« United States and France. It is true that it is not fo warranted, nor yet by any law of the land, and that therefore it is a mere nullity; can be vcfpedled iu no coiut ; make no part in the title to the veflel^ nor give to the purchafer any t>ther fecurity than what he would have had without it ; that confequently it ought to give no concern to any perfon interefted in the fate of the vcfiek While we h»ve confidered * [ ^-o] this to be llic proper anfwcr, as between \i9 and GrtM Britain ; be- tween m aiul France, it is an ail to which we cannot but be attentive. An afFumption of jiuildidion by an officer of a foreign powv;r, incafcn which have not been permitted by the nation within wliofe limits it has been exercifed, coidd not be deemed an ai'ilof Indiffcve xe. We have hot full tvidenee that the cafe Ikjs happened ; but on fuch an hypo- ihefis, while we Ihould be difpofed to view it in this iuilance, yu an ciTor in judjrment in the particular officer, we (lionld rtly, fir, thiit yoii ■would i.iterpofe ellicaclouny to prevent a repetition of the error by him, or av.y cthi*r of the confuls of your nation. Oar information is not pcrfcd on the fubjeel matter of another of tlitfo ir.emorials, which Ibtcs, tli.it a vcffel has been fitted out at Cbarlellon, manned there, and partly too with citizens of the United States, rtccived a commilfion there to cruize againft nations at peace ^'ilh us, and h:\3 taken and fent a Britifli vefTel into this port. With- out taking all thefe fads for granted, we have not helitated to exprefs txur highell difappi-obation of the conduct of any of our citizens, who may ptrfonally engage in committing hoftilities at fca, againft any of the nations, parties to the prefent war ; to declare that if the cafe has happened, or that ihould it happen, we will exert all the means with which the lav/s and conilitution have armed us, to difcover fuch offen- ders and bring them to condign piinilhmcnt. And that the like con- du6l (hall be ohferved, lliould tiie like entcrprifes be attempted againil your nation, I am authorifed to give you the moft: unreferved aflurances. Our friendfliip for all the parties at war ; our defire to purfue ourfelves tiie path of peace, as the only one leading furely to profperity, and our wifli to preferve the morals of our citizens from being vitiated by courfes of lawlefs phnider and murder, are a fecurity that our pro- ceedings in tiiis refpcd, will be with good faith, fervor, and vigilance. The arming; of ncn and vc-ifcls wiliiin our territory, and without con- fent or confultation on o\ir j>art, to wage war on nations with which we are in peace ; are ads, wliich wq will not p;ratuitoufly impute to the public aiithority^ of France : tliey are flattd indeed with pofitive- nefs in one of the memorials ; but our unwillingnefs to believe that the French nation could be v/anting in refped or friendfhip to us on any occafion, fufpends ourailent to, and condufions upon thefe ftatements, till further evidence. There is IHII a further point in this memorial, to which no imfwer Jias vet been piven. The capture of tlie Britira fhip Grange, by the French frigate, rEmbufcade, within the Delaware, has been the fubjed of a former K'tter to you. On full ar.d mature confidenition, the government deems the capture to have been unqueiHonably within its jurifdidion, and that according to the rules of neutrahty, and the protedion it bwts to all perfons wlu'le within its limits, it Is bound to fee that the crew be liberated, and the vefiel and cargo reftored to their former owiicrs. The Attorney-General of the United States, has made a ilatement of the grounds of this determination, a copy of which I kave the honour to enclofe you. I am In confequence charged by the h i [ II J Prcfidcnt of tkc United States, to exprefs to vou hit expectation, and at the fame time, his confidence that you will be pleafed to take immediate and efFedual meafures for having the (hip Grange and her cargo, reilored to the BritiHi owncrsi and the pcrfons taken on board her, fct at liberty. I am perfuaded, fir, you will be fenfible on mature confideration, that in forming thefe determinations, the government of the United Stat. 9, haslidencd to nothing but the dilates of immutable juftice : thtiy confider the rigorous exercife of that virtue, as the furell mean* of prefei-ving perfect harmony between the United States and the powers at war. I have the honor to be. With fentiments of great refpedt. Sir, Your moft obedient and ^ moft humble fervant, Th: JEFFERSON. t Thf Jfttomey-General of the United States^ has the honor of fuhmtttitig to the Secretary of State^ hie opinion concerning the felxure of tbejhlp Grange, THE ESSENTIAL FACTS ARE, ;X HAT the river Delaware takes its rife within the limits of the iJrtiMtd States. -' I'hat the whole of its defcent to the Atlantic Ocean, is covered on tadfi fide by the tertritory of the United States : Tlbat from tide-water, to the diftance of about fixty miles from the Atkrittic Ocean, it is called the river Delaware : > That at this dUlance from the fea, it widens and alTumes the name of the Bay of Delaware, which it retains to the mouth : That its mouth is formed by the capes Henlopen and May ; the forfltir belonging to the ftate of Delaware in property and jurifdic- lion I the latter to the itate of New-Jeifcy. yjr That the Delaware does not lead from the fea to the dominions of «ny fcreign uation : That from the eftablifhment of the Britifh provinces on the banks fllf tl»€ Delaware to the American revolution, it was deemed the pecu- liar navigation of the Britifh empire : * 1^ That by the treaty of Paris on the 3d day of September, 1783, his Britannic Majefty relinquifhed, with the privity of France, the fove- reignty of thofe provinces, as well as of the other provinces and co- lonies : % And that the Grange was arrefted mthe Delaware, within the capes, before ftie had reached the fea, after her departure from the port of Philadelphia. It is a principle, firm in reafon, fupported by the civilians, and tacitly approved in the document, tranfmitted by the French minifter, that to attack an enemy in a neutral territory is abfolutely unlawfid. ^ r ■■^^ ^ 1 t [ ^-- ] Hmcf the itiqitiry is reditccil to thin iiinple form, whether the place of fcixure wag in the territory uf the Unitcii States ? From a queiliuii originating^ under the foregoing circumftanco* ii obvioully and properly exchided, every confideration of a dominion over the Jia. The fulidity of our neutral right, does not depend* i.i this cafe, on any of the various didaticcx, claimed on that element, by different nations, poffeflln^ the neighbuuring (hore. But if it iiid, the Held would probably be found more extenfive, and more fa> Toiuabte to our demand, than is fuppofed by the document above referred to. For the ntcejfary or natural law of nations, imchanged as la is, in this iuitanee, by any compact or other obligation of tlie United flutes, will perhapH, when combmed with the treaty of Paris in 1 783, juilif;/^ us in attaching to our coufls un extent into the fea, beyond the reach of cannon fhot. In like m:;nncr is excluded every confitleration, how far the fpot of fei2ure was capable of being defended by the United States. For, although It will nut be conceded that this could not be done ; yet win it rather appear, that the mutual rights of the dates of New-Jerfey and Delaware, up to the middle of the river, fupercede the neceflity of fuch an inveibVation. No. The corner ftone of our claim is, that the United States arc proprietors of the lands on both fides of the Delaware, from its head to its entrance into the fea. The high Ocean, \n general^ it is true, is unfufceptible of becoming property. It is a gift of nature, manifeitly delUned for the ufeof aU mankind — inexhauftible in its benefits — not adn^itting metes and bounds. But rivers may be appropriated ; becaufe the reverfe is their fituatlon. Were they open to all the world, they would prove the in- lets of peqietual difturbance and difcord ; would foon be rendered barren by the number of thofe, who would (hare in their products ; and moreover may be defined. " A river, confidered merely as fuch, is the property of the people, through whufe lands it flows, or of hhn under whofe jurifdi£lion that people is." Grot. b. 2. c. 2.f. 12. ** Rivers might be held iu property ; though neither where they rife, nor where they difcharge themfelves be within our territory, but they join t(>both, or the fea. It is fufhcient for us, that the larger part of *; water, that Is, the fides. Is (hut up in our banks, and that the river, in refpeft of our land, is itfelf fmall and infignificant." Grot. b. 2. c. 3. f. 7, and Barbegroe, in his note fubjolus, that neither of thofe is neceflary. *• Rivers may be the property of whole ftates." Puff. b. 3. c. 3. f. 4. ** To render a thing capable of being appropriated, it is not ilrid\ly ncccfiar)', that v>re ihould enclofe i]t, or be able to enclofe it within artifi- cial bounds, or fuch as are different from Its own fubftance ; it Isfuffi- cient if the compafs and extent of It can be any way determined. And therefore Grotius hath given himfelf a needlefs trouble, when, to prove rivera capable of property, he ufeUi this argument, that although tht y ■•♦> [ 2.1 ] are bounded by the land at neither end, but united tn the other Y*\t\-t or the fta ; yet it Is enoufrh, that the fjnatcr part of thcui, ihat is, their fidca, arc cuclofid. Piift. b. 4. r, 5. f. 3. " When a nation takca poflcHion oi a country in <)r much of alIgt ; nc fournir libremcnt ni troupcH ni armcH,ni munitioiiH, ni rien de fc qui fert dire«^tc- ment a la gutrre. Je dis ne point ilunntr i/ejkount ct non pas en t/onmr egaUment ; car il fcroit abfurde qu'iMi etat fecounit en mcmc tcms deux cnneinis. Et puis il leroit inrpollib' . de la faire avtc egalito, lesmcinei chofcH, le incine nomhre de troupes, la nicinc quantitc d'armes dc nuini- tion«, &c. foumies en des circonllanlleces din'ercntes ; ne ft)rnient pl"« des fucours cquivalcns, ^c." If the neutral power may not, conliilent with its neutrality, furnilh men to either party, for tlieir aid in war, an little. can cither enrol them in the neutral territory, hy the law of na- tions. Wolfe, f. 1 1 74, fays || " Puifque le droit de lever de:« fuldats ell un droit de majellc qui ne pent ttrc viole par une nation ctrnngcrc, il n'efl pas permis dc lever des foldats fur le teiritoirc d'autrui fans Ic confentcmint du maitre du territoire." And Vattcl, before cited, 1. 3, f. 15,*" Le droit de lever des foldats appartenant uniqucment a la na- tion on au fouverain, pcrfonnc ne pent en enroller en pays etranger fans la pcrmiirion du fouverain ; ceux qui cntrcprcnent d'engager dis foldats en pays etranger fans la pcrmilTion du fouverain et en general quiconque debauche les fujets d'autrui, viole un des droits les plus facrcs du prince & de la nation. C'efl le crime qn'onappelle/Ar/f/V!'^ ou vol d'homme. II n'efl aucun etat polite qui ne le punife tres fcverement, &c.*' For I chufe to refer you to the pafTage, rather than follow it through all its developements. The teftimony of thefc and other writers on the law and ufage of nations, with your own juft refledlions on them, will fatisfy you that the United States, in prohibiting all the belligerent powers from equipping, arming and manning veflels of war in their fuccour, and not to give it equally : for U ivovldle ahfurrl in ajlale to Juccour inuo enemies at the fame time. Audi fides it would he impo/fihle to do it with equality ^ the fame things^ the fame numler of troops, the fume quantity of arms, ammunition, ^c.furnijhed in di^erenl circumj} times , are HO longer equivalent fuccoursJ'* II " Since a right of raifing fuldiers is a right of majcfly, which cannot he violated by a foreign nation, it is not permitted to raife foldiers on the terri- tory of another, without the confent of its fovercign.'" * •♦ The right of raifwg foldiers belonging only to the nation or its fove- reign, no one can enrol thetn in a foreign country without the permilfton of the fovcreign. Thofe who undertake to engage foldiers in o foreign country, wilh- nut permijfion of the fovereign — and in general whofoeiier corrupts the fub- jcch of others, tnolates one of the moflf acred rights of the prince i\nd of thr. nation. It is the crime which is called plagiat or men-theft. There is no policed flute which docs not fever ely pinuPi it. [ 38 ] ports, have cxtrcilcd a right and a duty with jufticc, and with grcr.t moderation. By our treaties with feveral of the belligerent powers, wliich c.rc. a part of the laws of our land, we have cftabliflied a Itile of peace with them. But without appealing to treaties, we are at peace with them all by tlie laws of nature ; for, by nature's law, man ig at peace with man, till fome aggreflion is committed, which, by thefarne law, authorifes one to deltroy another, as l)i9 enemy. For our citizens then to commit murders and dcprcUa^ioiiS on the members of nations at peace with us, or to combine to do it, appeared to the executive, and to thofe whom they confultcd, as much againlt the laws of the land, as to murder or rob, or combine to murder or rob, its own citi- zens ; and as much to require punifhment, if done within their limits, where they have a territorial JM-iidiftion, or on the high feas, where they have a perfonal jurifdittion, that is to fay, one which reaches their own citizens only ; this being an appropriate part of each nation on an clement where all have a common jurifdiclion. oo fay our laws, as we underftand them oarfelves. To them the appi^ai '"s made — and whether we have conftrued them well or ill, the couftitutional judges will decide. Till that decilion fhall be obtained, the government of United States muft purfue what they think right, with firmnefs, as is their duty. On the firft attempt that was made, the Prefident was defirous of involving in the cenfures of the law, as few as might be. 'Such of the individuals only, therefore, as were citizens of the United States, were fingled out for profecutlon. But this fecond attempt be- ing, after full knowledge of what had been done on the firft, and in- dicating a difpoiition to go on in oppofition to the laws, they are to take their courie . againft all perfons concerned, whether citizens or aliens ; the latter, while within our jurifdiftion, and enjoying the pro- teftion of the laws, being bound to obedience to them, and to avoid difturbarces of our peace within, or afts which would commit it with- out, ei^ually as citizens are. I have the honor to be, with fentiments of great refpe6l and efteem. )ir, Your moll obedient. And mofi humWe fervant, Th: JEFFERSON. PHU-ADn.PHiA, 22d yi'ne, 1793. 2d year of the Republic. T'/je C'llhen (7et?ff, Min:Jlir ph'nUwferiiary nf the Republic of France, i(t Mf. y^^ro]ToliUo)is) to arife from an invellment of the fum [ 4J ] to be advanced In the produfts of the country ; en advantage on which perhaps little ftrefs can be laid in the prefent and probable ftate of foreign demand for thefe produds. The motives which difluade from the adoption of the propofcd me^fure, may, it is conceived, be the more readily yielded to, from the probability that the utility of it to France might not, on expe- riment, prove an equivalent for the facrifices which fhe might have to make in the difpofition of the bonds. All which is humbly fubmitted. C Signed) ALEXANDER HAMILTON, Sec'ryoftheTreafury. Treafury Department, June 8, 1 793. jitrue Copy, (Signed) TOBIAS LEAR, Secretary to the Prefuhnt of the United States. TRANSLATION. Philadelphia, 14th ^unr, I793« 2d year of the French Republic. The Citizen Genet, Mlnl/ler Plenipotentiary of the Republic of France , to Mr. Jejferfony Secretary of State of the United States, Sir, IT is the charafter of elevated minds, of freemen, not to expofc themfelves twice to a refufal. I have requefted you to make known to the Prefident of the United States, the urgent neccflitles of the French Republic. I have not hidden from you, that having armed near a million of foldiers, they have experienced a confidcrable deficiency in their produce ; and that they, with their colonies, wouhl be configned to the horrors of famine, if the United States Ihould not fumifh them on account of thtir debt, a part of the fubfiftencc, which they want. I have offered you, in virtue of my powers, to take in payment, in default of money, bills, or obligations of the ftate, bearing intereft till the epoch fijcd by our convention, for the rcim- burfement of your debt. I have endeavoured to convince you of the advantages which would refult from this operation for the two coun- tnes, and more particularly for America, at a time when they have a fuperabundance of grain and flour ; but obferving, fir, by the letter which you wrote to me on the i ith June, and by the report of the Secretary of the Treafury, that none of our propofitions have been accepted ; without entering into the financial rcafons which cpcrate this refufal, without endeavouring to prove to you that it tends to ac- complifli the Infernal fyftem of the king of England, and of the other kings his accomplices, to deftroy by famine, the French republicani; and liberty ; I attend, on tie prefent occafion, only to the calls of my country, and as its neceflities, and thofe of the colonics become daily more preffing, as it has charged me to provide for them at wl'.at- ever price it might be, I requeft you, fir, to inform the Prefident of the United States, that being authorifed in the name of the French Republic, to give aflignments to the American merchants or farmers, ill payment of the provifions they may fnrnifli, from the want of new [ 46 ], . adv-ances on the part of the United Stated) I rcqued, in order to Jjlace me in a iituation to ufe this polver, that he prefcribe to the Secretary of the Treafury, to adjufl with me immediately the amount of the debt of the United States, to France. The expedient to which I am about to have recourfe, will, probably, be onerous to the French nation ; but as the federal government thinks it may take on itfelf to place us under the neceffity of employing it, without confulting Congrefs upon fo ifhportant a matter, I am obliged to follow my inllru&ions. GENET. Philaoelfhia, June 19th, 1793. Mr. jf'Jferfon, Secrttary of State f to Citizen Genet, M'mifter of France. Sir, ACCORDING to the defire expreffed in your letter of the 14th irtftant, the Prefident will give the inftrudlions neceflary for the fettlement of the inftalments of principal and intereil flill due from the United States to France. This is an z&. equally juft and defirable for both parties ; and although it had not been ims^ned that the materials for doing it were to be had here at this moment, yet we fhall be pleafed to find that they may. In the mean time, what is further to be donet ^ill doubtlefs be the fubje£l of further reflexion and enquiry with you ; and particularly the operation propofed in your letter, will be viewed under all its afpefls. Among thefe, we thit k it will prefent itfelf as a meafure too queftionable both in principle and pra£licability, too deeply interefting to the credit of the United States, and too unpro- mifing in its refult to France, to be found eligible to youHelf« Finally, we r^il fecure that what is of mutual concern, will not be -done but with mutual concert. I have the honour to be, with great refpedl and eft«em, Sir, your moil obedient, and moll humble fervant, Th: JEFFERSON. TRANSLATION. Philadelphia, 15th June, 1793. 2d year of the Republic. The Citizen Genet, Mihi/ler of the Republic of France, to Mr. Jefferfon, Secretary of State of the United States. Sir, THE Citizen Hauterive, conful of the Republic at New-York, has this moment informed me, that a difciifiion has arifen between liim and the government of the ftate in which he refides, rcfpedling the Embufoade frigate, upon a point of right. The quef- tion ia, whether, in a neutral port, an arm^d veflel ought to allow a truce of twenty-four hours to enemy vefTcls, to go out of it ? The Citizen Hauterive received a formal requifition on this fubjedl, from the governor, relative to tlie departuj-e of the EngUfh packet, who. •\ ler to t)laee le Secretary mnt i)f the 1, probably, ment thinks nploying it, [am obliged NET. th, 1793. r of France. itter of the neceffary for :ill due from defirable for the materials ill be pleafed ' to be done« y with you ; 11 be viewed ;nt itfelf as a ability, too I too unpro- o yourfelf, wiU not be teem, kd IRSON, 1793- |C. Jew-York, [has arifen I he refides. The quef- to allow a it? The )jea, from :ket, who, [ 47 ] wlthov.t laying pofitivcly, that llie local [•ovfininent luul a riglit t% hinder the frigates going out before the expiration of the truce of twenty-four liours, and that he would ufc fuch right, gave him to un- derfland, and appeared to believe that it was univerfal. Tlu: citizen Hauterive, Sir, has confined himfc f lo a reference of this matter to me. requcfting inftruftions on the fubjeft for himfclf and the Captain of the frigate. I enclofe herein a copy of thofe which I have j.ift tranfmitted to him. They have been drawn up on mature examination of the queilion ; and though my opinion differs cflentially from that of the Governor of New-York, I am pcrfuadcd that the Prefident of the United States, after having taken into confideration the authorities and reafonings which have guided me in tracing to the conful of the Republic, the conduft he ought to purfue, v/ill tranf- mit to the Governor of New- York, orders worthy of his jultlce and impartiality. GENET. TRANSLATION. Philadelphia, June 15th, 1793. 2d year of the PvCpublic of France. The Citlxen Genetf Mtmjfer Plenipotentiary of the RepulTtc of France y /• the Citizen Hauterive ^ Cot f til at New-Tor L. I HAVE read with great attention, Citizen, the report you tranf- mitted to me on the 1 3th of this month, and in which, after hav- ing given an account of the difcuifion which has arifen between you and the Governor of New- York, relative to the frigate of the Republic, the Embufcade^ you prefent for my folution, in order to guide your future condu^,the following queftion, which gave rife to it, to wit: " Whether in a neutral port, an armed veflel belonging to a belligerent power, fiiould allow a truce of 24 hours to enemy-veflels, dcfiring to go out." If ic were neceflary, citizen, to commence a polemic on this queftion, I fhould obferve to you firft, that it has been badly ilated, and that not only the duration of the truce, but alfo the time at which it fliall commence, (hould have been defined ; but this inveftigation is fuper- fluoua. The queilion which you propofc to me, citizen, is long hnce decided by the European powers, who have regulated with each other the principles of neutrality. Thefe principles may to be found in the maritime convention of tlie northern powers, in the different treaties of commerce which thefe fame powers have mutually entered into ; in line, in thofe which Ruffia has concluded with France, Auflria, Por- tugal and the two Sicilies, and none of thefe entered into with the view to favor the navigation of neutral nations, have had the aukwardncfs to make mention of a truce to be given by the armed vefTels of tlie powers at war, to the enemy-veffels of thofe powers which may be found in neutral ports. The firfl of the four maxims of neutrals which almoU every nation, England excepted, regards as the palladium of commerce, is that every reffel may navigate freely from port to po^Lg[§n the coull* of nations' ./ ^p [ 48 ] at war. This right, Ucrivcd from the right of nature, is iKccfrarily reciprocal ; the powers who liavc acceded to the principlcu of the iif u- tndity, have never contcllcd it ; and I cannot tell you, citizen, how much ] am furprized that the Governor of the State of New-York, fhould take the advantage of the political opinions promulgated by the United States, to fubJ2«il our vefTcls of war to an indefinite truce, wiiich would be a danpjerous refiniint, contraiy to the letter, to the fpirit of our treaties, and which at moil could be required from aveffel (»f an i'-idifFerent U.;te, with whom neither obligation nor engagement has been contracted. In tlie prefeiit Ibte of thing^s, citizen, all that the government of tlie United Stute,« c;\n require, is, that we commit no hollility againll our enemies, on the tcrritoiy and in the waters of the United States ; and in renewinr;^ to you the order, attentively to obferve that our vefTels attend to this refevvation ; I reeomjntnd that you oppofe with energy, ;vnaloj]^oup. to ihe fenliments of friendflilp which we have avowed to the United Stales, e\ery acl or every Ikp, which would deprive our veiltls, armed or unavuicd, of the liberty they ought to enjoy in the ports of the Uiiited States, in virtue of our treaties, and in virtue of the only prin- ciples which have been diplomatically eflablifhed, oa the rights of neu- tral nations, which, as I iiave already faid, being founded on the right of nature, the bafis of the rigiits of man, implicitly comprehend reci- procity, an elementary condition of all the adls di(Elated by equal and impartial juflice. Let thofe who have another code and other titles to prefent to us, produce them ; ajid in the mean while, the Englifti of New- York, in- ilcad of unreafonably putting themfelves under the protection of prin- ciples which their government has always difdained to acknowledge, and which it has violated m all wars, keep themfelves quiet, or run the chance of failing in the prefence of our forces. Ccrl'tfitd cofiformahle io the originaly GENET. TRANSLATION. Philadelphia, i8th y«nf, 1793. 2d year of the Republic. The Citizen Genefy Mintfter of the French RepitlUci to Mr, Jefferfont Secretary of State for the United States. Sir, I HAVE examined the corrcfpondence which has taken place be- tween you and my predeceffor, relative to the requlfition of funds which he has madr on the Fcdernl Government, to pay off certain draughts of the adininiilrators of Saint Domingo, and to procure pro- viilons for that colony. I pay due refpeft, Sir, to the juftnefs of the obfervations which : ou tranfmiued to the Citizen Ternant, on the fubjeft of this requelt. Forced from his circumfptdlion, by the pn f- iwyr inilanccj of the adminillrators of St. Domingo, I conceive that this requifitioii mull have cmbarrafled your government infinitely, and [ 49 ] under thl» view, I feel all the oblijratlons \vc (>^^c y«n, for having, nil you yourfelf exprcffod it, ItTsi ronfultid piiulcnci: than frii-ndfhip, in yielding to it. You have with projiricty ivmark<vi.rununt wliofc conmicrcial principlca would nof afTurcdly be fo advauiajjc'ouH to the TJnlttd States, as tiiofc which an enlightened policy and unlimited attiithment fur the American people have led u» to embrace. GENET. Citizen Cctiett Afinijlcr Plfiilpotintiitry of the Finuh RepuUtCyto the Citi- K.'.'j oj the Uniud iu'ii/a, WHEREAS fcvcral American citi/.ens who have furnifhed pro- vifions to the c )lonies of the Viench Republic in the Wcll- liulies, have received bills drawn by the ndmliiiltrators of the rcfpec- tive colonies on Citi/cn La Fored, late Conful- General of the Republic ill the United States, and lately on myfcif, in payment for fuch fup- j>HCs. I inform them that tliefe drafts will certainly be paid ; the National Convention havinjj appropriated large fum8 for that objeft. But as 1 am not yet authori/ed to difcharge them, I can only in the mean while, advile the holders of fuch bills as have not yet been regif- Icred by citizen La Forell, to have them recorded in the office of Citi- zen Dupont, Conful of the French Republic at Philadelphia, in order to afcertain the dates of their prefentation ; at the fame time I cannot too much encourage the citizens of the United States, to continue to aflirt, with unremitting exertions, their republici. i brethren of the French Weft-Indies, whofe exillence from the liberal principles adopted by the National Convention, with regard to the colonies of the French Republic, muft eflcntially contribute to th« profperity of the United States. The American citizens may reft afliired, that the moft effica* cious meafure;^ have been taken as well in France as in the colonies, to protect their property in all the ports of the Republic, and to enfure to them a prompt payment for their fupplies in calh or in merchandize, and at the fame time to fecure to them the enjoyment of thofe favors which the National Convention has lately granted to the citizens of the United States, which aifimilate them, in refpefl to commericial advan- tages, to the citizens of France. Philadelphia^ June 17, 1793, 2d year of the French Republic, Philadelphia, jfune i^d^ 1793. Mr. jfffferforty Secretary of Slater to Citizen Genets Mini/ler Plenipotentiary of France, Sir, IN anfwer to youi' letter of the i8th inftant, on the fubjeft of the bill* drawn by th^ admiftration of St. Domingo, in favor of cer- tain citizens of the United States, I am inftrudted to inform you, that the funds therein mentioned have been fo clearly undei-ftood on all hands, to be fpecially appropriated for the payment of the bills, which were recognized by the former agents of France here, as to be inca- |>uble of being diverted, without difappointing the juft expcAations of our citizens, holders of thofe bills. lout \vlnv.h tlir [ifcIvcH uiulcr A afliircdly be fo in enlightened pie have led U9 E N E T. il/icf to the Clt't" furnifhed pro- : in the WeU- of the rcfpec- )f the Republic : for fuch fup- bc paid ; the or that objeft. :an only in the yet been regif- e office of Citi- elphia, in order : time I cannot to continue to rethren of the iciples adopted of the French of the United le moll effica- le colonies, to and to enfurc merchandize, f thofe favors citizens of the nerlcial advan- epubtie, 3^» »793; Plenipotentiaiy Hfubjeft of the favor of cer- [rm you, that lood on all bills, which to be inca- )c£lations of [5-] Indeed the government has been fo much a party In countenancing tholV expectations, as, in lucii an event, to lie under an obligation, in point of propriety, to fatisfy the parties themfelves to tlie extent of the kalance, which yet rem.alns to be advanced. / have the honor to be^ luith great andf.nrere ejieem^ 6'irf your mojl obeil'unt auii tiujl humble firvaiitf Th: JEFFERSON. Philadelphia, ^une 23d, 1793. Jifr. Jejferjorty Secretary of SttUe^ to Citizen Genet ^ Alini/ier Pletiipoten- tiary of France. Sir, I HAVE the honor to inform you, tliat in confequcnce of the ge- neral orders given by the Prefident, a privateer fitted out by Eng- Hfh fubje^s within the Hate of Georgia, to cruize agalnll the citizens of France, has been feized by the Governor of Georgia, and fuch legal profecutions are ordered, as the cafe will julllfy. I beg you to be aflured, that the government will ufe the utmoll vigilance, to fee, that ihe laws, which forbid thefe enterprizes, are carried into execution. / have the honor to bcy with great and fincere efieem^ Sir, your mojl obedient and mofi humble fervant, Th: JEFFERSON. S I ft, TRANSLATION. Philadelphia, ^January 25th, 1793. 2d year of the Republic of France. I LEARN with infinite pleafure, by your letter of the a3dof thii month, that the govemmeitt of Georgia have caufed to be itopped, a veflel armed in that Hate, for the purpofe of crulling againil the French, and that the pcrfons Interelled in this veflel will be profe- cuted. It is to be wifhed. Sir, that the fame watchfL^nefs and firmnefs may be employed in all the Hates of the union ; for you will obfervc by the enclofed reports of the confuls of the Republic at Charlefton, at Baltimore, at Philadelphia, and at N^;w-York, that many enemy-t veflels have been armed there, have entered anned, remained there, and have gone out from thence armed, in contempt of our treaties ; whilU in virtue of inftru^Ions from the Prefident of the United States, the French adventurers, who have been able to put themfelves in a Itatc of defence, in the ports of their allies, in order to go out without dan- ger, and to fulfil otherwife, according to circuinftances, the duties of a citizen againfl the enemies of the flate, are purfued with rigour. Accept, Sir, my ejleem and refpe8, GENE T. * An error for J^une^ [ 5- ] Philadelphia, 25th June, 1795. 2d year of the French Republic. ExtraSs from the Reports of the Confuh and Vice-Confuls of the French Republici at Char/e/^on, Baltimore^ Philadelphia and Neiu-Tori, to Citizen Genet, Charleston, from the 24th May to 6th June. ABERMUDIAN veflel has purchafed 4 cannon in this port, to proteA her in returning. — A Dutch veflel which entered this port without guns, lias failed with 14 — Englifh veflels have been in hkc planner armed here. Baltimore, 2 ill June. AN Englilh veflel called the Truft;y, Captain Hale, has been pub- licly armed as a privateer in this port, by Mr. Hirland* of this city. The Vice-Conful has complained of it to the Governor and Attorney- General of the ftate of Maryland. Philadelphia, 21ft June, 1793. A BERMUDIAN veflel belonging to the fubjeas of the king of ' England, mounting twelve cannon, purchafed in this city, failed on the 2d inil. There had failed fome days before, an Englifli armed veffel of four guns. The cunful had not been informed of them before (he date of this report. New-York, i 8th June, 1793. THE SwalloMT, an Englifli letter of marque, commanded by Capt. Sion, anned with eight cannon and twenty men at leall, and appearing to be about 1 50 tons burden, has anchored fo long in this port, as to exclude the idea of her having entered in diflrefs ; though the 1 7th article of the treaty of commerce between France and America, for- mally excludes from the ports of both, the enemy veflels which fhall have made prizes ; and every Englifli privateer which enters, is autho- rized by the Englifli goverament to take, burn, and deilroy our veflels. It has always remained a queftion, whether an armed vefltl of that nation on filtering, has executed tliofe orders or not. The conful ^Hauten've has tranfmitted thofe obfervations to the governor of the ftate of New- York, giving him to underftand, that cveiy veflel armed for war, and belonging to our enemies, being fubjeft to the exclufion contained in our conventional laws, fliould be obliged to go out of the port ef New- York. Other reports have come to the knowledge of Citizen Genet, by indirect channels, that feveral other armaments have been made by the enemies of the Republic in American portu, and that thofe vel- fels hivve taken on board, without oppoiition, a great number of tories, citi/.eus of the United States, while fome good whigs, friends of France, v/ho have taken part in her caufc on board her veflels, have been arrefled and thrown into prifon, whence the Citizen Genet has not yet been able to liberate them «it'iout fccurity. Certified conformable to the reports which have been made to me the Miniiler Plenipotentiary of the Republic of France. * Suppofid Ireland. [ 53 ] Philadelphia, June 30th, I793» Mr. Jtffitrjony Secretary of StatCy to Citizen Genet, Miniftcr Flenipo* tentiary of France* SiK, I HAVE to acknowledge the receipt of your favour of the 25th inftant on the fubjedl of veflels belonging to the enemies of France, which have procured arms within our ports, for their defence. Thofe from Charlcfton and Philadelphia have gone off before it was known to the government ; and the former, indeed, in the firft moments of the war, and before preventive meafures could be taken in fo diflant a port. The day after my receipt of your letter, the communications now enclofed from the governor of Maryland came to hand, and pre- vented our interference on the fubjed. of the Trufty, Capt. Hale, a veflel loaded with flour and lumber, and bound to Barbadoes. You will perceive by the papers, that the Governor of Mar)'land had got information that (lie was buying guns, and had given orders for the examination of the fad, but that flie got oiF before the officer could get on board, having cleared out three or four days before. It appears that fhe was of 300 tons burden, and had mounted four fmall guns. The cafe of the Swallow is different from any thing which has yet been prefented to the Prefident, which (hall be fubmitted to him on his return, and no doubt will meet his earlieft attention and decifion. I have the honour to be, &c. Th: JEFFERSON. Extras of a letter from the Governor of Maryland, to the Secretary at War. " Maryland, Annapolis, June 22, 1793. «« IN COUNCIL. Sir, ** 'TT' HE enclofed copies of a letter written by this board to the X coUeftor of the cuitoms at the port of Baltimore, and of the anfwcr thereto which we have juft received from his deputy, will fuf- ficiently explain the ilril cafe which has feemed to call for our inter- fcrence fmce the receipt of your communications refpedUng the fitting out of fighting veffels within our jurifdidlion. " You will fee, Sir, that moft probably, through a ftep not contem- plated by us, that of the officer's applying to Mr. Ireland himfelf for the information we defired, the (hip has got out of our reach. We can therefore only endeavour to be better prepared for future oc- currences of this kind, which we are told may be expen the fnbjccl of jnl/cs, new re- guLitions, the rin manner following, that Is to fay : that on cr aboiit the hxteenth day of Fchruaiy lall, they fdlled In and with the faid Oiip from Bremen, upon the ri'ver Wcfcr, wltii the wind at north-tiill, bound on a vovagc H m [ 58 J to Maryland, in North-America, and on the 2 2d day of the fame month, came to anchor at Stramnefv, in tlie Orcades, with a contrary wind ; that on the twcnty-feventh day of March laft, they failed from Stramnefs aforefaid, with the wind ai foulh-caft, and on the twenty- firft day of April latt, the wind blowing very hard fplit the forefail, which obliged them to lay the (hip to with the reefed main-fail, the wind being at weft and by fouth ; that on the twenty-ninth day of April aforefaid, being then in the latitude thii ty-fix degrees thirty 4ix minutes north, a heavy gale of wind blowing from the fouth-eaft, fplit the main- top-fail, and on the thiixl day of May inttant, at two o'clock, P. M. they got a pilot on board, and at four o'clock, P. M. of the fame day, the faid (hip being then about two miles off the light-houfe at Cape Henry, in five fathom water, and as near the (hore as the pilot on board judged it proper to go, the privateer fchooner Genet, com- manded by Peter Joanna, from Charlefton, fired one gun at the faid Ihtp William, and defired them to hawl down their colours and heave the ftu'p's head to the eaftward, the faid light-houfe then bcaritig welt ncirth-wcft ; that the commander of the faid privateer then took out of the faid (hip, the faid malter, chief mate, fecond mate, boatfwain, four of the feamen belonging to the faid fliip, and .me paffenger, all of whom were put on board the faid piivateer, and a prize mailer and feven people were put on board the faid (hip, and the faid (hip fent up to this port of Philadelphia, where (he now lays ; and thefe appearers, with the faid privateer, arrived at this port of Philadelphia, the^four- teenth day of May inftant, at about four o'clock in the morning, fince which they have been let one by one, alternately, on fliofc, until this day, when all of them being on (hore, they took the opportunity, it being the firft they have had, of protefting againil the capture of the faid (hip William. When fore the faid James Legget, John White- fide, James Ramfay, and James Manfon, for themfelves, their owners, freighters, merchants, mariners, and all others interefted or concerned in the faid (hip, or her cargo, have protefted, and by thefe prefents do folemnly proteft againft the capture of the faid (liip William, by the faid privateer fchooner Genet, and againft all loflTes, cofts, charges, da- mages, breaches of bills of lading, contrails, covenants, arid agreements whatfoever, already fuffercd, fultained, or occafioned, or which (hall or may hereafter be fuffered, fuftained or occafioned, by reafon or means of the premifes, and againft all incidents and confequences thereof, and perfiiting in the faid proteft, they the faid mafter and other ap- pearers have fet their hands hereunto, the day and year firft within wn'tten. Thus done and protefted at Philadelphia aforefaid, the day and year aforefaid. JAMES LEGGET, JOHN WHITESIDE, JAMES RAMSAY, JAMES MANSON. §*^'^^§ ^uoei atlejlor manu etjigillo rogatus. §i^^§ ASSHETON HUMPHREYS, A o/jnw Puilicusy 1 795 [ 59 ] I the within named notary, do hereby certify and atteft unto aTi whom It doth or may concern, that the foregoing wTiting doth contain a juft and true copy of an original proteft taken and made before me the (aid notary, and remaining of record in my notarial office, in the citv of Philadelphia, and that I have carefully compared the faid copy with the original, fo remaining of record in my faid office, and find it exaAly to agree therewith. In teftimony whereof, I have hereunto fct my hand and affixed my feal of office of notary, at Philadelphia aforefaid, this twenty-third day of May, in the year of our Lord, one thoufand feven hundred and ninety-three. ASSHETON HUMPHREYS, Notarlus Puhl'uus, 1 793. Philadelphia, June 29th, 1795. ^ff- jf^'^fo"* Secretary of SlatCy to the Mini/ltr Plenipotentiary of France. Sir, A COMPLAINT is lodged with the executive of the United States, that the Sans Culottes, an armed privateer of France, did, on the 8th of May laft, capture the Britifh brigantine Fanny, within the limits of the protection of the United States, and fent th faid brig as a prize into this port, where fhe is now lying. I have the honor to inclofe you the teftimony whereon the com- plaint is founded. Should this fatisfy you that it is juft, you will be fo gooHenry bearing, by computation, N. W. by W. diilance about leven leagues, they were hailed by a fchooner, and were informed that there was a pilot on board for the Cliefapeake — they anfwered that they fliould not flay for a pilot till the morning — that the wind being at N. £. they lleered N* N> W. failing at the rate of four miles per hour, until half pall four A. M. on the eighth, when being in eight fathom of water, Cape-Henry bearing N. W. by \V. or N. W. dldant as above, by com- putation, four or five miles, they were captured by the boat aforefaid, which to their great furprize, proved to be a French privateer, called the San« Culottes, J. B. A. Terry, commander, mounting four guns and two fwivels, manned with 45 men — that they were deprived of the veflel and cargo aforefaid, and were detained on board the priva- teer until the eleventh of the fame month, when they were fet on (hore ill Lynn Haven Bay, in the itate aforefaid, and that on the fame day they arrived as t Jorfolk. f Signed J Michael Pilct majler ; David Mac Intojby mate ; John Mac CaUicy featnan. Wherefore, I, tlie faid Notaiy public, at the requeft of the faid de- ponents, did and do now hereby folcmnly proteft againll the privateer and lier crew, for all the loITes, colls, charges, damages and cxpcnfes, fuifered or to be fuflfered by any perfou or perfons whomfoever inte- rellcd or concerned in the laid brig or her cargo, or any part thereof, on her voyage aforefaid, by rcafon of the capture by the privateer aforefaid. In tellimony whereof, I have hereto fet my hand, and caufed to be affixed the feal of my office, this i8th day of May, 1793. (Seal) JOHN NIVISON, Not. Pub. Brlti/b Confutes office j State of Virginia, THESE are to certify, that John Nivifon, Efq. before whom the foregoing protclt was made, is Notary Public for the dillrift of Nor- folk, in the Ibte aforefaid, and that full faith and credit is juftly due to fuch his atteftation. Given under my hand and feal of office at Norfolk, this 14th of May, 1793. (Seal) JOHN HAMILTON, Conful. City of Philadelphia,/. MICHAEL PILES, matter of the brigantine Fanny, of Lon- don, being duly fworn on the Holy Evangehlts of Almighty God, dcpofeth . board, to which this deponent anfwcred, that he fliould not ftay for a I pilot till the moming ; that this deponent hailed the fchooncr, and , aflced how Cape Henry bore, and what diftance ? and was anfwcred, from the fchooner, that Cape Henry bore N. W. and by W. twenty miles diftant. That the wind being at N. E. this deponent fleered N. N. W. going at the nite of about four miles an hour, until half paft four o'clock, or thereabouts, A. M. on the 8th of May, when, being in eight fathom water. Cape Henry, at that time, bearing N. W. by W. or N. W. diftant about four or five miles, the fald bri- gantine Fanny was captured by the faid fchooner, which, to the great furprire of this deponent, proved to be a privateer having on board a comntiffion faid to have been granted by the French conful at Charlefton, in South-Carolina; the faid privateer, called the Sans Culottes was connrtanded by J. B. A. Terry, mounted four guns and two fwivels, and manned with 45 men ■ that this deponent, the officers and crew of the faid brigantine, were all put on (hore, on the nth of May, in Lynn-Haven Bay, in Virginia ; that the faid brigantine was fent to Phibdclphia, whither this deponent came to claim the veflcl and cargo; but the officers and crew of the faid brigantine being deilitute of friends and money, engaged themfelves on board other veflels in Virginia, for the purpofe of fupporting themfelves, and being thus difperfed, and feparated from the faid brigantine, he, this de- ponent, is thereby deprived of their teftimony, which he could have ob- tained, if they had been fent into the port of Philadelphia, with the faid brigantine ; and further this deponent faith not. Taken and fworn, at the city of Philadelphia, this 24th day of June, 1 793, before me, JOHN BARCLAY, JMerman. (Copy) MICHAEL PILE. TRANSLATION. Philadelphia, July 8th, 1793. The 2d year of the French Republic. The Min'tjler of the French Republic^ with the United States ^ to Mr. Jefferjon Secretary of State of the United States* Sir, THE French armed veffel le Vainqueur de la Baflille^ of American conftru£lion, and heretofore bearing the name of Hedlor, has failed from Charlefton, fumiftied with a French commifficm, and her old American regifter, which the commander, Hei-vieux, fent to the cuftom-houfe, after having cleared the bar of that port. This condufl, condemnable only for its timidity, has led the cuftom- houfe or Charlefton, to require the government of South-Carolina, to caufe him to be arrefted ; and in confequence le Va'tnqueur de la Baf- tllky has been feized at Wilmington, together with a prize which (he tfitok in there. The laws of the United States inflidl no punifhment in the prefent cafe, only where there has been an intention of avoid- ing the duties impofed by the United States ; and, as it is proved by [ 62 ] # the v.'ar-commifTion and by the indrudlions in Captain Hcrvieux'j poffciHon, thut ho went out of the port of Charlcfton only to refill, hi mtich as poffiblc, the unjuft attacks of our enemies ; a duty which all the treaties authorife him to fulfil, and which no law of the United bitatf 8, and coiifcquently no order of the executive of thefe Hates, null forbid him to fulfil ; I requefl you, Sir, to defire of the federal p^ovcrnincnt the liberation of captain Hervieux, and of his crew of tli; Vaiiif|ueiir de la Baflille, heretofore the Hc£lor, and of her prize, now detalutfd ill the port of Wilmington, North-Carolin?.. GENET. Philadelphia, 9th July, 1793. 2d year of the French Rq>ublic. T/:r Cs:hrn Geiiety M'ln'tjlcr PUnipotentiary of the . French Republic f U I Mr» Jejfcrjhnt Secretary of State. .Sip, YOI T iftjuired of me dt tails relative to the brigantine la Pet'tlt | Denibcrnt^ heretofore the little Sarah^ at prefent armed, and ready to go out of the Delaware. They are as follow : — This vefTel, Sir, I of Englifh property, armed by our enemies with four cannon, and other arms, was tnken by the Embufcade frigate, belonging to th( Republic of France, and fent into Philadelphia. Her conllrudion being elegant and folid, her bottom soppered, and a fwift failer, her muib and rigging being in good condition, I have thought on the report of the captain of the Embufcade, and other enlightened mari- ners, that the acquifition of this veflel would be advantageous to the marine of the Republic ; and this confideration, joined to the defire I had of finding employment for a great number of French marines, who were here expofcd to the dangers which often attend idlenefn | and poverty, determined me to take her on account of the flate. I have had her repaired. I have completed her armament, with cannon which I found on board four French veffels, and given the com. mand of her to Citizen Amiot, enfign of the Republic, and when! ready, I fhall difpatch her with a commilfion of the Executive Council, and with my paittcular inflruclions. I fhould confine myfelf. Sir, to rcprefcnt to you thefe fails, which require no difcuflion on my part, | and which cannot create any difficulty on that of your government. When treaties ipeak, the agents of nations have but to obey. Accept, Sir, mv cfteem and refpe^. GENET. The Philadelphia, 9th July, 1793. 2d year of the French Republic. Ciiizen Cenetf MUii/ler Plenipotentiary of the French RepuhPtc, to Si Mr. Jejerfon^ Secretary of State of the United States. THE Conful of the French Republic, in this flate, four days ♦go requcfled the Governor of Pennfylvania to order out of the pc:t of Philadelphia, the Jane, an Englifh privateer, armed vitk [ 63 ] 5 E N E T. GENET. Ifixtecn cannon, which veflel came in the 4th of this moiuh, withoii I any appearance of diftrcfs. I The Governor replied to him, that he could not take any mejifartft, in this rcfpeft, during the abfcnce of the Prefidcnt of the Unitcvl Istates. Although this reply. Sir, is accompanied with very obligiiig land amicable expreflions, I think it my duty to obferve, that accoid- ling to the tenor of the XXI Id article of our treaty of amity and Icommerce, It is not iicccflary to await the decition of the Prcfidcnt, to Icaufe this privateer to depart, not having come in here in dillrtl.:, land having had time to take in more provillons than is nccefTnr)' 10 [go to the neareit port of the power imder which flie holds her com- Imiinon, and according to different reports which I have juft received, is augmenting her armament. The treaties being confidered by the American people u j the moft I facred laws, the local governments of the United States arc bound t«» ! acknowledge them, and all the magiftrates obliged to execute fliem without delay. I therefore rcqueit you. Sir, to prcfent thefe con- i iidcrations to the Governor of Pennfylvimia, and induce him to fulfil, againft the privateer Jane, the duties which our treaties Impofe on him. GENE T. Philadelphia, ^i//>' 12, 1793. Mr. JefferfoTit Secretary of Statr, to Mr. Genet, Minrflcr Pisnipolenttaiy of France. Sir, THE Prefident of the United States, defirous of having done whit {hill be ftridtly conformable to the treaties of the United States and law^, refpefting the feveral reprefentations received from yourftlf and the minifter plenipotentiary of Great Britain, on the fubjeft of veffels arming on arriving within our ports, and of prizes, has determined to refer the quellions arifing thereon, to perfons learned in the laws. As this reference will occadon fome delay, he will cxpeft from both parties, that in the mean time the Little Sai ah, or Little Democrat, the (hips Jane and William, in the Delaware, tlie Citoyen Genet and her two prizes, the Lovely Lafs and Prince William Henry, and the brig Fanny, in the Chefapeake, do not de- part until his ultimate determination fliall be made known. You may be affured. Sir, that the delay will be as fiiort as poifible ; and the objeft of it being to obtain the beft advice poluble, on the fenfc of the laws and treaties refpefting the feveral cafes, I am nerfuaded v Baltimore^ In the State of Marylaad* Dkclarf — THAT having failed on the night of the 21ft May, 1793, we on the 23d, at tlirce in the morning, met four French frigates; that one of them having fired a cannon, ordered us to hoift out our hoit ; that one of the officers c^mc on board, exanu'ned the papers of the captain of the galliot, examined one of our paflports, and then retired, teiUfyinghis regret at having detained us. That on the 25th, about fix in the morning, being under the great Ina^ue^ and very clofe to the land, we faw a floop, who weighed anchor to the windward, bearing down upon us, Hred a cannorf at ui and hoift- ed an Engliih flag, fent five armed men on board of us, who rendered an account by a trumpet, that the veflel was laden with coffee and cotton, and that there were fome negro flaves on board. But at the moment there appeared two other vefl'els, towards which the privateer immediately ftecred, ordering us to anchor. Thefe two veflels were found alfo to be American, and were in like manner obliged to come to anchor. A third appeared fome time aftei*, i^id was likewife or- dered to anchor. The privateer was employed in vifiting thefe three veffels until four in the aftemoon, during which time we were under the guard of five men, who prefented themfelves to us more like pirates coming to fcizc their prey, than as privateers who have an intention to refpeft a neu- tral flag. Thefe men whofc coinitenances led us to believe them capable of rca'izing the moft finiiltr things, prepared us for an event which would at the fame time have injured ua, in making us fail in the ob- jttl of our voyage. They informed as that we to be carried into Jamaica. At four in the afternoon, the captain of the privateer came on board of us with ten anned men, they drove all the paffengers out of their itate rooms, with a naked fword in one hand and a piftol in the other, appearing ilifpofed to proceed to violence, without the lead effort on tlie part of tlieir captain to check them. In an inftant all the efiVcls of the paffengers were ranfacked. In vain did captain White. pi*cf»;nc to them his papers, and endeavour to flop them ; they paid no attention and fcarctly looked at them. The reprefentations of thefe hoitilo a(J\8, rendering them Hill more violent, they threatened thofe who endeavored to reafon with them. They broke the locks of the trunks without waiting till the keys were found ; Uiey raifed a part fent new : Philadelphis, PONT. : N E T. ■ulatoKt Captain ' Maryland. rench frigates ; [> hoift out our d the papers of orts, and then under the great weighed anchor at u« and hoift- , who rendered ,vith coffee and d. But at the ch the privateer wo veflels were ibliged to come '88 likcwlfe or- eflels until four e guard of five :onning to feize » refpeft a neu- re them capable in event which "ail in the ob- |c carried into jteer came on Tengers out of ^nd a piftol in ithout the leaft an inftant all |captain White. they paid no ations of thcfe Icateneil thofe locks of the raifed a part [ 67 ] of the plank of the cabin ; they nmiaged the captain's trunk, they found money there, ftized it and gave it to one of their people to take care of. At the fame time they went to the forecaiUe, they broke open every thing that was locked up. They forced the partitions which fepaiate the births. They cut open a great quantity of coffee bags. Having however found nothmg in this fearch, made with the greateil brutality, which falfified the affertlon of captain White, as to the pro- perty of the cargo, they appeared much embarraffcd at the part they Ihoidd take vnih refpeiSt to us. They in particular made offta i to fome of the feamen to depofe againll the declarations of bur captain ; they fent three of them on board the privateer, whom they endeavoured equally, but as unfuccefsfuUy, to fcduce. This vexatious conduA was interrupted L / night coming on. It may be conceived how we pafied it, it did not to us appear probable that men who appeared to breathe nothing but pillage and robber/, would allow this opportunity to efcape. On the 26th, as foon as day appeared, captain White was called on board the privati:er, where fcveral difputes arofe, in which fome wiflied to have the veffel carried into Jamaica, others that the pafltngers with their effedls fhould be put on board as prifoners, and otherH that the captain's trunk containing money, fhould be feized, others in fine, ihat they (hould feize the negro flaves, or fend captain White back with a new detachment, who fhould continue to fearch the cfTe^^s and veffel. We obferved among this brutal and greedy hord, a man who not only difapproved the condudl of the others, but alfo appeared ver)' much oppofed to the attempt which he faw them determined to commit in one way or another on neutral property. This was the furgeon of the privateer ; perhaps he might have had fufficient afcendancy to hinder them from taking the veficl ; but he could not doubtlefs ubtain every thing : at eight o'clock the privateer gave orders to the detachment which guarded us, to bring off the negroes and return on board. They at the fame time permitted captain White to hoilt fail. He fet fail in order to go and reconnoitre two veffels which were making fur the entrance. Under thefe circumftances, captain White, as well as the paffcngers, having no means of reclamation, the former againll the hoililc }>r«H.'eal- of the privateer, the latter againll the carrying off the negroes, roukl do no otherwife than follow their delUnation, reft-rving tt) themfclvej the privilege of their refpedlive rights againll this piracy. Several men belonging to the privateer, have given us information relative to this veffel, and the captain, by the particular information of the furgeon. The veffel is called the Jfjfebh and Mary^ of Kingftoii, ifland of Jamaica, commanded by David Harris, owners, M. M. Alkii and White ; captain Harris appeared to us to be a weak, indccifive man, without chamber, having no authority over his crew, and we cannot help thinking that in this rencounter, at the mercy o*" a crew of fifty or fixty men» the mod of whom eager for plunder, without any fub« ^ [ 68 J ordination, the vefTeU our perfons and our property, have been In the greaUit danger. Done on board the galliot called the Regulator, captain White, the 7tb June, 1793. SIMON WHITE, Captain, LEWIS JEWELL, Majier. (S\gned) Peter Nouvel, T CHOuqjJkT DE Savareau, / „ fj. Gastin de Nogere, y offer^ert. G. Bentier, J Certified to he conformable tt the original. GENET. Philadelphia, 25th yuly^ 1793* 2d year of the Republic of France. The Citizen Genets Mwlfler of the Republic of France ^ to Mr, Jefferftn^ Secretary of State of the United States, Sir, I RECEIVE daily new complaints on the infults %vhich the Engliih are pleafed to commit againft the flag of the United States ; the papers here iiiclofcd will prove to you that the fovereignty of yonr country is violated with impunity, not by the legitimate exercife which we have thought proper to make of fome rights granted to us by treaty, but by the fpoliation, the pillage, the bad treatment exercifed by our enemies, in contempt of your laws, and even under fhadow of the iigni of your fovereignty. On all the feas an audacious piracy pnrfues, even in your veflels, French property, and alfo that of the Americani when deflined for our ports — your political rights are counted for no- thing : in vain do the principles of neutrality eftablifti, that friendly vcftels make friendly goods : in vain, fir, does the Prefident of the United States, endeavour, by his proclamation, to reclaim the obfer- nation qf this maxim : in vain does the delire of preferring peace lead to facrificc the interefts of France to that of the moment ; in vain does the thirft of ricb.es preponderate over honor in the political balance of America ; all this management, all this condefceniion, all this humili- ty, end in nothing ; our enemies laugh at it ; and the French too con- fident, are punilhed for having believed that the American nation had a flpg, that they had fome refpedl for their laws, fome conridion of their llrcngth, and entertained fome fentiment of their dignity. It is H'jt poflible for me, fir, to paint to you, all my fenfibility at this fcandal, wh cji tends to the diminution of your commerce, to the oppreflion of oiii .i and to the debafement and ^ ilification of Republics. It is for the Americans to make known their generous indignation at this outrage : an.1 ! mull confine myfclf to demand of you a fecond time, to inform m? ')f the meafures which you have taken in order to obtain reftitution of t!»e property plundered from my fellow'citizens, under the proteAi- qn of your flag. It is from our government they have learned that the have been in the r, captain White, [T£, Captain. ELL Cattatn, , mqfier. \ Pt^ffit^ers. 5 E N E T. ^J»iy* 1793- c of France. to Mr, Jefferjon^ V. which the Engh'ih nited States ; the rereignty of yonr ite exercife which ;d to us by treaty, exercifed by our adow of the fignt piracy pnrfues, ' the Americani counted for no* h, that friendly refident of the eclaim the obfer- srving peace lead ent ; in vain does itical balance of , all this humili- rench too con- rican nation had ne conviAion of dignity. It is y at this fcandal, he oppreifion of s. It is for the at this outrage : time, to inform btain reftitution derthe protefti- leamed that the 1 [ 69 ] Ameritans were our allies, that the Amencan natio.i was fuvLVv.ijjn, and that they knew how to make themfelves refpefted. It is then under the very famftion of the French ndtion that they have conndttl their property and perfons, to the fafe-guard of the American daj, and on her they ftibmit the care tA caufing thofe rights to be refpectcd. But if our fellow-citizens have been deceived, if you arn was to enable you to explain the princiolts on which our gciivwiiuuciil \va3 eondud- nijj itfclf toward; the belligerent pa; ties ; pvi'.icip.ie.^ wl.ivh Uiight not K " * [ 74 ] in all cafea be fatisfai^ory to all, but were meant to he juft and fni- partial to all. Mr. Genet had been then but a little time witli us ) and but a little more was neceflary to devclupe in him a ctiarat^U'v and cojuhn^'t, fo unexpected, and fo extraordinary, an to plaee us in the moll diilrening dilemma, between our nj^ard for his nation, Nshleh is conilant and lincere, and a regard for «)iir lawrf, the autho'iy of whieli muil be maintained; for the peace of our eotnilry whieli ilie execu- tive magillratc is charged to prL-ferve ; for ilH honour, oflcviticd in ti>c perfon of that niagillrate ; and for its charader giofoiy tvaductd in the converfations and letter« of tin's pentlcman. In the eourfe cf tli.ff tranfadions, it lias been a great comfort to us to believe, tliat none of them wore within the intentions or cxpeCitations of bin employers. Thefe had been too recently cxprefled in nt\n which nothing ccidd difcolour, in the lttt4:r,s of the executive council, in the letters and de- crees of tiie Nutioaal aHembly, and in the general demeanor of the n.ttion tuward.i ui, to afcribe to them things of fo contrary a charac- ter. Our lirii duty, therefore, was to draw a itrong line between their intentions, and the proceedings of their minifter ; our fccond, to lay th.)fe prvKeedings faithfully before them. On the declaration of war between France and England, the ITiiited Stales being at peace with both, their fituation was fo new and unexperiencfd by themfelves, that their citizens were not, in the firll inllant, feniilile of the new duties refultiug therefrom, and of the re- (Irainta it would impofe even on thar (l:J'l)ofilions towards the bellige- rent powers. Some of them imagined (and chiefly their tranfient fea- farinr citizens) that they were free to indulge thofe difpofitions, to take fide with either party, and enrich themfelves by depredations on lb.* conmierce of the other, and were meditating enterprizes of this nature, as thtre was reafon to believe. In this Hate of the public nu"nd, and before ii ihould take an erroneous diredion, difficult lobe fet ri^ht, and tlaiii^erour. to themfelves and their country, the Prefi- dv-nt thought it expedient, thrv)u;;!i the channel of a proclamation, to reml.ul our fellow eiii/ens, that we were in a (late of peace with all the belligerent powers ; that in that ilate it was our duty neither to aid nor injure any ; to exhort and warn thtin againfl ads which might contravene this duty, and particularly thofe of pofuive hollility, for the punilhment of which the laws would be appealed to ; and to put them on their -^wc^A a'fj an to the rllksthev would nvA^ if they (hould attempt to cuiy artielis of eoKfrvhiuul to -uiy. This proclamation, ordered on the i(;th, and figned the 2 3d dty ef April, was feut to you in my letter of the zTuh of the fame n<«).ith. On the day of its j>ii^l:eatio!), we reeeived through the channel of the newfpapers, tlie ftrll intimation that Mr. Genet had anived on the ^\.\\ of the uAJuih at Charleilon, in character of miniUer plenipoten- tiary from h's nntion to the lliuted Statei, and foon after, that he had fcnt on t.) PliiUdelphia, the velTili.i whieli he came, and would hini- felf perform ihe jouruvy by laid. Wh landing at one of the moil diibnt ports of the Unioa fvora hia points both of departure and def- [ 75 ] l)C juft and fm- tliiic witii tl8 } a charatiiff and place us in the attciii, wliic'li is lio.'iv of which hii'h I lie cxccn- otVciiiicil in the foiy tiiuluc»d in : cunrfc ot th.ff /c, ll»at nonv of his cmploytrv. I nothing ctnild e letters and do- lemcanor of the it.ary n charac- ug hnc between ; our fccoud,to 1 England, the ) was fo new and ; not, in the firll , and of the rc- ards the bcllige- >eir tranfient fea- difpofitions, to depredations on itcrprizes of this tc of the public n, difficult to be ntry, the Prefi- )roc1amation, to f peace witli all lUity neither to la which mii;ht e hollility, for to ; and to pnt , if they (hould |is prochuTiutiun, rH, was fcnt tu 11 the channel of ll arrived oi\ the jUcr plcnipdtcn- ttcr, that lie had lisul would hini- lie of thr molt larturc and def- tination, was calculated to t\citc attcnllon, and very foon aftcrvTardt we IcJirnt that he was undertaking to aiithorife the litling andarminnj of vefFels in that ]K)rt, enliiliiig men, foreigiurs and citi/.eoH, and giving them commiltions to cruifeand commit hollilitieson nations at peace with us ; that thefe vcfTels were taking and brinvnng prizes into our poiti ; that the confulsof I'rance were alluming to hold court •» of adnundty on them, to try, condemn, and aiithorifc their falc as legal pri/e ; and all this before Mi . Genet had prefcnted himfelf, or his cre- dentials to the Prefident, befo v lie was received by him, without his confent or confultation, and directly in contravention of the ftate of peace exilting, and declared tv» cxift in the Prefidcnt's proclamation, and incumbent on him to prcferve till the conllitutional authority fhould otherwife declare. Thefe proceedings became immediately, as was naturally to be expeftcd, the fubjeft of complaint by the repre- fentative here of that power againil whom they would chiefly operate. The Britifh nu'nifter prcfented feveral memorials thereon, to which we gave the anfwer of May 1 5th, heretofore enclofed to you, correfpond> ing in fubilance with a letter of the fame date, written to Mr. Ter- nant, the minifter of France then refiding here, a copy of which T fend herewith. On the next day Mr. Genet reached this place, about five or fix weeks after he had arrived at Charleiton, and might have been at Philadelphia, if he had llecred for it dircdlly. He was imme- diately prtfented to the Prefident, and received by him as the minister of the Republic ; and as the condutl before Itattd feemed to befptak a defign of forcing us into the war, without allowing us the exercife of any free will in the cafe, nothing coidd be more afliiaging than his aflurances to the Prefident at his reception, which he repeated to me afterwards in converfation, and in public to the citizens of Phi- ladelphia, in anfwer to an addrefs from them, that, on account of our remote lituation and other circumltances, France did not expetTt tlu't we (hould become a party to the war, but wiflied to fee us purfuc our profpcrity and happinefs in peace. In a converfation a few days after,Mr. Genet told me that M.dcTemant had delivered him my letter of May 1 5th ; he fpoke fomcthing of the cafe of the Grange, and then of the armament at Charleilon, explained the oircumljtances which had led him to it before he had been received by the Government, and confulted its will, cxprefred a hope that the Prefident had not fo ab- folutely decided againil the metifure but that he would hear what was to befaid in fiipport of it ; that he would write mc a letter on the fub- jcft, in which he thought he could julUfy it under our treaty ; but that if the Prefident fhould finally detcrmiue o.tiierwife, he mull fub- mit : for that ailureiUy his inilruv'lions were U> do what would be agreeable to us. He accordingly wrote the letter of May 27 ; the Prefident took the cafe again into confideration, and found nothing in that letter which could fiiake the grmitids of his former decifion. My letter of Ju.ie 5M>, notifying this to him, his of June 8 and 14, mine of the lyih and his rgaln of the 22d, wiU fltow what further paffed on this fubjetSl and that he was far from ret.uning his (ufpo<^ iitioii to acquicfce in the ultimate will of the Prelidenl, [ 76 ] It would be tedious ti) purfue thin and our fubfequcnt corn-fpoi.. dcncies, through all their details. Referring therefore for thcfe to the letters thcmfclven, which (hall accompany tluH, I will prcfcnt a fum- mary view only of the points of diflercncc which have arifcn, and the grounds on whicli they -reft. , T o if^« Mr. GcMft afTerts his rii;ht of armin^j in our Letters, juneS, ^ , r ,.(i- •»• i .i * i M ^- P"''^*» '*"" *" cnliltmyj our cJtr/.ens, and that we have y •"/•jio riji^ht to reUrain him or p June /• puni(h tlitni. Kxamin- in;^ this qucilion under the law of nations, founded i . ,. f on the general fcnfe ajid ufage of mankind, we hav( *^* ' "^produced proofsfrom the molt enlightened andapproved writers on the fubjcd, that a neutral nation mull, in all things rclatin;.^ to the war, obfci*ve an exact impartiality tt)wavd8 the parties ; that favours to one to the prejudice of the other, would import a frau- dulent ncr^rality, of \.hich no nation would be the dupe ; that no fuccour ftiould be given to citi tr uv.lefs llipulatcd by treaty, in men, arms, or any thing elfc dircrtly ferving for war ; that the right of ,,^ ,p ^ railing troops, being one of the rights of fovcrcignty, ,, I r"^' and confequcntly ap}X'rtaining exclurivcly to the nation » 3» • 5*jjfp]f^ p„ foreign power or perfon can levy men, within its territory without its confent ; and he who does may be rightfully ?»ik1 fevcrely puniflicd : that if the ITnited States liavc a right to ve- hjfc the perininion to arm vcfTeli and raife men whhin their ports and territories, thiy are bound by the laws c)f neutrality to excreife thjit ri;jhl, rnd to proliibit fiieh arni'iments and tnlillments. To thef'.' prif.ciples of the law of nations M . (Jcnet anfwers by calling ll em . * dinlomalie fubtlcties,* anu 'iiuhorlfmsof Vattel and otht.K.' Lut fomething 111 )"c than thi'< Is nccefliiry to difprove then\ : and till thcry are difpro\ed, we Ivild it ccitain that the law of nations and the rules of neulrality forbid our permitting ciUier party to arm in our ports. c- o ButMr.Gcnctfavs, that the 22darticlcofourtrcatv n;ric 22. o. n ■ • , y ; • . iin ■ r •' allows hmi rxf^rrhty tn ;nrn in our ports. Why has he not quoted tlie very words of that a:tie!e, rs-prefsl; allowing it ? For that wouM have pnt an end to all furtiur qnellion. 'J'hc words of the aiticlt" aiv, " It ihall not b.^ liwfnl for nny foreign privateers not hc- lon^jinr; to fubjects of the Moit Chrillian King, nor citizens of the f^id Uni^cdlS^.^te8, who have commiflions fnnn any priiice:.* imply an affirmative to Fiance ? Certainly not : h leaves the quediou, as to France, open and free to be decided accordin^r to circuinilances j and If the parties had meant an ailirmative Uipulalioii, they xsiiuld have provided for it exprcfsly ; they would never have left fo important a point to be inferred from mtrc filencc.or implication. 8uppofc tluy had di'lired to llipulate a refiifal to tlicir entniii s, but nothing aj to theinfelves ; what form of cxpreflion would they have iifed ? (Jeitaiuly the one tliey have ufed ; an exprefs ftipulation as lo tluir enemies, and liltnce as to themfeKes. And fuch an intention torrcfpond:; not only with the words, but with the ciicumllances of the timc!.. It was of value to each patty to exclude its enemies from nrmitijr in the ports of the other, and could, in no cafe, embarrafs them. They therefore llipulated fo far mutually. But each mi^ht be tinbanaffed by per- mitting the other to arm in its ports. Tliey therefore would not llipu- late to permit that. Let us go back to the ftate t)f tilings in France when this treaty was made, and we Oiall find fevcral cafes, wherein France could not have permitted us to arm in her j)orls. Suppofc a war between theft ftates and Spain. We know,thnt by the treatie:: between France and Spain, the fornwr could not permit the enemies of the lat- ter to arm in her ports. It was honell in her, therefore, not to deceive us by fuch a itipulation. Suppofe a war between thefc flates and Great- Britain. By the treaties between Fr.mcc and Great-Britain, in force at the iignature of ours, we could not have been permitted to arm in the ports of France. SVe could not then have meant, in this article, to give us fuch a right. She has manifefted the fame fenfc of it ag; ;n, in her fubfequent treaty with England, made eight years after the date of ours, ilipulating, in the i6th article of it, as in our 2 2d, that foreign privateers, not being fuhjedt of either crown ^ fiiould not arm againll either in the ports of the other. If this had amounted to an ailirma- tive Itipiilation, that the fiibjeAs of the other crown might arm in her ports a^ainjl us, it woidd have been in diredil contradittion to her 2 2d article with us. So that, to give to thefe negative (lipulations an af- firmative effect, is to render them inconfiftent with cadi other, and with good faith : To give them only their negative and natural effeeH, is to reconcile them to one another, and to good faith, and is clearly to adopt the fenfe in which France herfelf has expounded them. \Vc may jiiiUy conclude then, that the article only obliges us to refufe this right, in the prefent cafe, to Great-Britain and the either enemies of Fn'iice. It does not go on to give it to France, either expr«,fsly or by implication. We may then refufe it. And fince we are bound by treaty to refufe it to the one party, and are free to refufe it to the other, we are bound by the laws of neutrality, to refufe it to that other. — The aiding either party then, with veflels, arms or men, being unlaw- ful by the law of nations, and not rendered lawful by the treaty, it is made a qucftion, Whether our citizens, joining iii thefe un- lawful enterprizes, may be pun idled ? The United States, being in a Hate of peace with moft of the belligerent powers by treaty, and with all of them by the laws of nature, murders and robberies, com- mitted by our citizens, within our territory, or ou the high fcas, on [ 78 ] tlu)f«' wit!> wh<>m wrare fo at laact*, urc punifhable, equally as if com* Miittetl on our uwu inlnbitants. If I min has of natural right, entirely and exclufively, all the jurifdic^ion which may be rightfully exercifed in the territory it occupies. If It cede* any portion of that jurifdi£tion to judges appointed by anotlur nation, tlie limits of their power mult depend on the inllrumeitt of ceflion. The United States and France have, by their confular convention, given mutually to their confuls, jurifdidtion in certain cafes f{>ecially enumerated. But that convention gives to neither the power u{ ella- blilhing complete courts of admiralty within the territory of the other, nor even of deciding the particular quellion of prize or not prize. The confulates of France then cannot take judicial cognizance of thofe quef- tions here. Of this opinion Mr. Genet was when he wrote his letter of May 27th, wherein he promifes to correA the error of the conful at Charlefton, of whom, in my letter of the 1 5th, I had complained, as arrogating to himfelf that jurididion, though, in his fubfequciit let- jv ters, he has thou;;ht proper to embark iu tiie errors of lunc 14. 22. , . .• I t» 1 r "J ^ his conluls. But the United States, at the fame time, ) dcp< wln'( fitt Tidl been llatt to t:; m:iie; jirine' [.'..ttt •e.ico [ 8i ] ns:.es hen- ; but, on the contrary, a i- ■M-ltnr to ftime other ph ce, always to be exprelTed in thi'ir con\mif- iN)n, where their validity is to be fiually adjudged. In fuch cafe, it would be as unreafonable to demand duties on the goods they had tuken from an enemy, as it would be on the cargo of a merchant vclTel touching in our ports for refrcflunent or advices. And againft tUi» [ 82 ] (lie artic!*.* pn.vKlca. iiiit the armed \^^i\'^:]^ of F.ajjoc l»avc been alfn iul/nittcd to laiul and ftl! tliLir prize gi'Oili here lur cor.l'umptum ; in whieli tate, it is a., veafjnable they ihoi'.ld pay dutie;;, as the goods ot" a mcvciiautincii, lai^ded ami Told for conliiinpliun. They have, how- ever, demanded, aisf the law of nations, that the j;ood;i of a friend arc fret in an ene- my's velftl, and an enemy's goods lawful prize \i\ tlie vcffel of a friend. 'I'he inconvenience of this principle, which fid)jeds merchant vtfic-h to be iloj>ped at fea, fearched, rar.facked, led out of their courfc, h:i< indi nd ff\eral nation;; latterly to llipulate againlt it by treaty, and tu fubltitkite another i.> its Head, that free bottom;', ihall make free gotxls and enemy bottoms, enemy gi.odi ; a rule equal to the (-ther lu poim of lofi and gain, but lefs oj.prefllve to comu'.erce. As far as ii has btca ir.troduced, it dipendo on thr treaties lh'}>u]at!ng it, and forn'.-. cxceptiii.is in fpeda! cafe:; to the gen( ral operation of the law of na- tions. Wc hu\e introduced it into our treaties with France, Kolhind and Prullia ; the French guodu found by the two latter natiun*? i i Americaii bottoir.;, arc ;:ot made pri/.e of. It Is our wiflt to cflablldi it with other natio*i".. But this requires th.eir confent alfo, I;; a woix of time, and In the tr.eai wliile they have a righ.t to avl't on thf p.e'ie- ral principle, v. .'thort gi\iug to ur, or to rrance, cauft of cou^plaint. Nor ilo I fee that France can lofe by it on the whole. For lhon^;li Ihc lufes /.nr giK,«ds whrn fom.d iu our vePlls, by the natiuiK. with whom vvj ln\e notrvati-,.. ; vet Jhe gairs our goods, when fo'nid in the vtirfls of the fanu*, and al' otherncllons : and we believe the latter mafc to bt greater than the former. It is to be lamented, inderd, th..t the genera! prii eiple has operated fo cruelly ia the dreadful cala- mity which has lately happened in Si. Domingo. The mifrranle fu;7'- live.s, who, to (u\c iluir li\eN, I .id talieu afvlum in ^/.a- vcfle!. ; with fuch [ «3 ] \aiiinl)fe and portablr tlunga as could be gathered in the moment, out of thi- nihcs of their I'.out'er., and wrecks of their fortunes, have been nhindorcd of thefc remains by tht- b'eenfed fearovers of their eneniica. 'i'his has fwi'lled, on this oceafion, the difadvantatrcs of tlie general prineipl.-, that an * enemy's goods are free prize in the vefill of a trieiu!." But it IS one of thofe deplorabl.- and unforefcen cahnv.ities to whieh thev t^pc'fe thenifelves who enter into a llate of war, fiiniiftiinn between the two nations. Mr. (jenet, however, adinnes a new and a h'>lder line of conduct. After deciding for hiiiifelf idiimaliK , :m\ with- out rffper^ to the authority of the country, he pr<;ceeds t»> di>, what rven his f(tvereign could not authorife ; to put hiinfelf, within the conn- iiv, on a line with its government, a(^t as co-fovi reij'n ot the lenitcnv, arms vefielr-, levies nun, gi\es eommillions of war, indipendenilv of t'i-m, and in direct o])polition to their orders and efforts. When the i^ovcrnment forl/ids their citi/ens to arm and engage in the wr.r, he iMidertakes to arm and engage thrm. When they ft)rbid vefrdstobe 'itted in their ports for cruiling on nations with uhop^ they rue at }>eae<.', h.e conuniirnms them to fit and crui/e. Wltcn they tort-Jd an uncedcd jurifdiition to be cxercifed within their temlory by foreign ai;e:Uj-, he undertakes to uphold tluit exereife, and to avow it «)j>enly. Tiie privateers Citi'^.en Ge.act and Sans Culottes, having been fitted out at Charleflon (though without permifiion of the go%i nuneiit, y»'t Wfn.*- it was forbidden) the Prelident only reqin" red they miglst Icavr our ports, and did not interfere with their prizes. Inflead, lumever, of their quitting om* poits, the Sann Culollti remains Uill, llien^'lben- [ 84 ] Ing and equpping herfclf ; and the Citizen Genet went out only to crui/.c on our coalt, and to brave the authority of the country by re- turning into port again with her pri/.cs. Thouglj in the letter of Juno 5th, the liiKil determination of the I'refident was CDminunicated, that fio future armumentb in our ports fhould be permitted, the Vaiiuiucur dela Baflille was afterward;* equipped and commiflioned in Charlcllou, the Anti-Ccorge, in Savannah, the Carmagnole, in Delaware, a felioo. ner, and a floop, in Bollon, and the Polly or Republican was attrmpUd to be equipped in New- York, and was the fubjeiit of reclamation by Mr. Genet, in a Uyle which certainly did not look like reliiu|uifiiii.;^' the practice. The IJttle Sarah or Little Democrat was armed, equi))- pcd and maimed, in the port of Philadelphia, under ilic very eye (»i the government, and as if meant to infult it. Having fallen down the river, and being evidently ©n the point of departure tVi^ acrni/c, Mr. Ginet was defired, in my letter of July 12th, on the part of the Mfc- fidcnt, to detain her till fonie enquiry and determination on the cafe (lioiiid be hiul. Yet within three or four days after, flie was fent out by orders from Mr. Genet himfelf, and is at this time eruillng on our roalts, as appears by the protell of the mailer of one of our vellels mal- treated by her. Tiie government thus infulted and fet at defiance by Mr. Genet, committed in its duties and engagements to others, determined (till to fee in thcfc proceedings but the charad\er of the individual ; and not to believe, and it dots not believe, that they are by inllrudlions from hik tmploycrji. They had artiired the Britifli miniller here that the vcllcl* already armed in their ports fhould be obliged to Ic&ve their, and thnt no more Ihould be armed in them. Yet more iiad been armed, and thofe before armed, had either not gone away, or gone only to return Vvitli new prizes. They now informed him that the order for departure (hould be enforced, ami the prizes made contrary to it flioiild he reftored or uoniptnltted. 'I'lie fame thing was notified to Mr. Genet in my letter of Au;rnll 7th ; and, tiiat he might not con- cUuIe tliO promife of comp -nfi'tion l '■ l)e of no concern to him, and goon in his couvfes, lie was reminded that it woiddbe a fair article of account ag '.'nil his ni^ion. Mr, Genet, not content with uling oi:r force, whether we will or not, ii: the milirary line, againll nations with whom we are at peace, undertakes alfo to direi^t the civil government ; and partieidaily ft)r the executive r\nd legiliuive bodies, to pronoi.nce what poweru may, or may not I ■.■ e>:ercifcn ilio occalion when ht fljould cxtrtifo the power c-f ciinvejiingCon^pcls, at an tarher day 'Ann thtirown act pnloibcd. On the lolitjwing cxpirfllonB no comuientai-)' fliall bo m?de July 9. * Lea p'.incipesphilofophique.. pioilanioes par le Pulident.'* June 22. * Lcs opinions privces ou ]iid)li(}ues dc M. Ic IVdidcnt, et tette egidc ne paroiffant pas fulTifante.'f June 22. ' Le gouvernemcnt federal a'cft emprcfTc, pouHt' parje ne f^ais quelle influence.']: June 22. * Je ne puis attribuer dcs dcniarchi'S do celte imturo ftu'a de» iinpreffions ttrangeres dont Ic tems et la verite trio!nj)h< riuit.'d June 25. * On pourfuit avec acharncinent, en vertu ues iiiilri.'ctions de M. le Prefident, les amiateurs Fr.iii«;ai8.'j| Jj|ne 14. • Ce rchis tend a accomplir le f\ ileme " foiiml du roi d'Angleterre, tt des autres rois fes acccimplices, pour faire jHrlr par la famine Ics repid)Hcains Franc;ais avcc la libertc.'^j June 8. ' La lache abandon de fes ai.iis.'** July 25. ' En vain lo deiir de conforver la paix fait-il facrifier Ics in- tcrets de la France a ttt inieret du moment ; en vain le foif des richefi'cs I'trnporte-t-elle furl' honnrur \\mv, la balance politique de I'Amerique ; tousces tnanagtmena, toute cttecondefcendancc, toutc cette buniilite n'aboutiflent a rien ; nos tnncmis en 1 itnt, et les l*'ran<;ui;i trop confKmts font punis pour avoir cru que la nation An-.cricaine avoit nn piuiUon, qu'clle avoit quclque egard pour fos loix, qiulquc cunviiilioa liv fes forces, et qu'tlle tenoit au fentiment tie fa dignitc. 11 ne m'dt paa pofiiible de peindie toute ma fenlibilite fur ce fcand:de, qui tend a la diminution de votre commerce, "a roiiprefl'ion du notrc, ot a rabitfTo- ment, a ravililTcment des republiques. — Si nos concitoyens out ote trompcs, fi vous n itcs point en etat de foutenir la fonveraiuoio lo votio pouj^le, parlez ; nous I'avons garantic quaiul nous etions elcla.es ; not;a laur;)ns la rcndre rcdoutable etant devcnus libres.'-jf Translations of the French PAssAOFt. * * The ph'ilofoph'ical principles proclatmei! by the Prefuieiv.'' I ' The opimons private >.,.' public of the Vrcfidenty atui tl.'is H^is not tippenriiijr to you fiijfuietit.' X • The Jfedeiid ^ovenuuenl has ban ea^erj ur^cd ly I lutow not luhat injiiience.* j ' /ejnriot nfcribe meafures of this nixlurcy but to extraneous impref- fions over which time and truth ivill triumph J* II " They purfue with ra^e the French privateers by the orders of the Prefuhnt: f * This r.ftijid tends to accomplijh the infernaf fyftem of the kin^ of Evghiud, and of the other kings bit accomplices ^ to dejlroy by famine Fnnch Jreemen and fretdcin* '^ " * The cowardly abandonment of i heir friends,'' ft ♦ /« vain the defne to prefrve peace leads you ttfacrijice the itite- . . • [ 86 J Wc t>rcI«)U8, on our part, of the fame friendly and fmcere difpofitious, we can with truth afRin, both for our nation and government, thatif^c have never or..ittcd a reafonable occafion of manifelling them. For I will not cDnlidcr as of that character opportunities of fallying forth fr»m our ports to way-lay, rob, and murder defencclefs merchants and others, wh'» ij.>ve done us no injury, and who were coming to trade with ur; i» !..-• confidence of our peace and amity. The violation of all the '.in i f)f order and morality which bind inaiikind together, would 4,t ;•!! uritceviable offering to a jull nation. Recurring then only to i».cent tiii; ;(s, after fo affliAing a libel, we recollect with fatisfadion that li! t'f.'j courfe of two years, by unceafing exertions, ws paid up Tevcd yv vr^ nrj. trai'^es and inftalments of our debt to Finance, which .Se iiH'-Ti';' \iy oi our fird form of government had fuffered tt) be ac- cumuinting; that prefling on Hill ti> the entire fulfilment of our en- gagcn.'nifs, we have facilitated to Mr. Genet the effert of the inftal- mentr, o" tlie prefitii ye:u-, to enable him to fend relief to his fcllow- citi/ens in France, ll:u:itcned with famine ; that in the firll moment r>f the ii'furret'tion which thrtatened the ccdony of St. Domingo, we / its f t\ - ; and that it hadfriintjer- ti'n-M.* cf it.t t'''^^ni(y. It is n'jt f>o//iltr for nie to puinl to -ju all my Jiuji- itlitv at this fiandal, ivhich tends to tie dinn>\utitn of yotu commerce^ to ihr 9p^- nffnm if vnn^ ami to the dchafement and vHiJicati'in of republic r. ♦ Jj our fell»*L'ii:i9ffis have ♦wn deceived, if you are nt)t in a conditi' u to nuiinlii.H the fcvcreij^nty oj your people, fpeak : rve have ^^uarantied i> when «v m.-ereflnvfi ; •w: hiaiu how to remJer «/ refpeihilU lein^ heacsne free: ^ [ 87 ] wretched fugitives from the catalliophc of the princijnl towa of that colony, wIjo, cfcnpiiig from the fwoiila and flamis of civil war, threw tlR'tnlcivt » oil ui naked aiul houfclefs, without food or friend.?, money •r other mc; n:>, theli- facuUies Joll and ahforbcd in the depth of their dlllrelfM; ilui the exclufive admiflion to fell here the prizes made hy France on her enemies, inthtprefent war, though unllipuluted in our treaties, and unfounded in her own pra6\ice, or in that of other na- tions, as we belie\c ; the fpirit manifellcd by the late gr:iml jury in tiieir proceedings againll thofe who had aided the entniieu of France with arms and implements of war ; the cxpreilion of attachment Xo his nation, with which Mr. Genet was welcomed, on his arrival and join nev from fouth to north, and our long foibiarance uiuhr 1mi ijrofs ufur- pations and outniges of the laws a'ld autl'.ority of our ciuntry, do not befpeak the partialities intimated ii) his I'-tlers. And for iherj things he rewards us by endeavours to excite difcotd and diflniil b'uveen our i>ili/.en8 and thoie whom they liave eutrulled with tlair govern- ment ; between the dilFerent branches of our govcrnnuiit ; betwccu our nation and his. lint none of thele things, wc hope, will be found ill his power. That frieiidliup which cuiillaul and uinbating ; thut, fiithfd lo our treaties, wchnvi- fullilled theui In every |H>Int, to the bell vf our underdanding ; that ir in any thing, howoer, \\ ;; have co-illruid tl'.eui ;!mif , we aro ready to enter int.* c>»!idid cx))l»natIoas, ajul to d.) whalevir we c an hr convinced Is right ; that in opjH>ring the cxi.ray«;;aiieies of un ngcir, whoiV chararter they feem not iiifficienllv to have known, wt have b-cn urged by motives of duty to ourf.lvca, and jullice V) others, which cannot but be approved by thofe who aic juit tUemfcKcs ; and, t 88 ] nutliiii^ finally, Our, after iiulfpcndcnco and fflf-govcmment, there is \vc iia»rc tincvrLly wuh than jurjictiial f.'ifDJlhip ^vitli tiRin. / have the hijtnr tj h, ivUh ^reAf ejitcnty and rifpcS^ JXar Sir, life, (Signed) T h: J E F 1« E R S O N. K'iti*, ^iccf^v ofU'i /. uc'tn^ Liter 'Ofas jliUeiulofiJ ly the Secretary nj State to Mr. Gnu:. Phii.ad.'.lphia, Aurrul} 231!^ '793« Mr. y.-Jerfn, Srcr.'Ury nf Sfdti-. to Mr. Aforrit, Afin'jur J'uiiij'oittt' tiaryjror: (''c Vnitiul States !o Fr.uin. T DrAR Sir, MM kttvr of the iC)t'i iiii^aiit, with its di)cum. :its acc-oMipuiyinrj ^^ thi!«, will fiilli-jiciiily (iifrnm you of the tranfad^iona, win'ch have tiikcii place between Mr. Oonet, the Mini.'lorof France, and tlic j.,ove;*nnviit here, and of the p.'infiil neeelTuy tlicy have brought on, of deliri:!"/ hi- recall. The letter h.ts been prepared, in the vie\.' of beini; ildlf, with itn doeninentis laid before the executive of the French jTovfinmeiit. You will, therefore, be pleufed to lay it before ihem, d»>inj;' every ihin^ which can be done on your part, to procure it u friendly and difpalPionate recepti«)n anil Ciinlideration. The PrefideiiL would lid 'd tUiiik it ;i;reatly unfuMii.iatc, were they to take it in an) othir light; and, therefore, charges you very p nticularly, with the care (if prtfenting this proceedinu" ni the moll foothing view, ami a.4 th'.refiih of an unavoidable neceflity on his part. Mr. Cie.ict, foon afnr his arrival, conununieUed the decree of the Nit lonal Convention of February 15th, 1791, aiithoriling their exe- cutive to j)ropofe a treaty with us, on liberal priiieiples, fuch as might llr-ngthen the bonds of jjoodwill, which unite tlu two nations ; and informed un in a l.'tter of May 23d, that he wasauthorifed to treat ac- con'.in:;lv. Tije Seijate beinjj then in recefs, and not to meet agaiii till th.' fill, I apprifed Mr. Genet thit the participation in matters of tretlv j^iven by the conllitutictu to that braneii of our government, w' )nl 1, orc'.iurle, delay any ilehnitive anfvver to his friendly jiropofilion. .\-\ he V.MS feKCiblcof thi; eircumllance, the matter has been underllood to lie over, till the mccti:'.g of fenatc. You will be pleafed, therefore, to explain to the executive of Frar.cc, this delay, which has prevented, ;«s yd, our fv>nnal accelll.)n to their propofition to treat ; to affure their, that the Frefident will meet tlu-m, with the moil friendly difpo- iiriotis on the groundi of t reaty propofed by the National Convention, uS foon as he can doit in the forms of the conllitution ; and you wiH,of courfe fui,'('yll f )r this purpofe, that tlie powers (»f Mr. Genet be re- i.ewed tuhis lueeeli'or. Since my lall, which was of the 13th of June, your N«)S. 25, 2^, 27, of March 26lh, April 4th and 5th h;.vf been received. The public papers lent herewith, will give you the current news of the country. I have the honor to be, with great refpe(5l and eilecm. Dear Sir, vour moil libedient and moll humble firvt. Th: JEFFERSON. [ «9 ] New-York, September i8th, 179.^. id year of the French Repubh'c, one ami inJivtfihU, CUixen Cetiety Mmi/itr Phr.-potrntiary of the French Repull'ic^ with the United Slates t to Mr. Jefftrfon^ Secretary of State of the Unitid States. Sir, PERSUADED that the fovercignty of the United States reftde* cnentially in the people, and its reprefentatiun in the Cun^refs ) pei-fuaded that the executive power U the only one which has been con- tided to the Prefident of the United States ; — perfuaded that this ma* giAratc has not the right to decide qucltions, the difcuflion of whichi theconititution refcrves particularly to the Congrel's ; — perfuudcd that he has not the power to bend exifting treaties to circumllances, and to change their fcnfe ; — perfuaded that the leu/cue formed by all the tyrants, to annihilate republican principles, founded on the rights of man, will be the obje(^ of the moll fenous deliberations of Congrefb, I had deferred, in the folc view of maintaining good harmony, between the free people of America and France, communicating to my govern- ment, before the epoch at which the reprefentatives of the people were to affemble, the original corrcfpondence which has taken place, in writing, betw een you and myfelf, on the political rights ot Fiance iu particular ;— on the interefts of general liberty ; andon the ad\s, procla- mations, and dccifions of the Prefident of the United States, relative to objefls which require, from their nature, the fandlion of the legidative body: however, informed that the gentlemen who have been painted to me looAen, ah ariilocsats, partifans of monarchy, partifans of England, of her coiiilitntion, and confequently enemies of the principles which all good Frenclimrn have embraced, with a religious entliuiiafm ; — jilirmed at the popularity which \\as reflected on the Minifter of Fr.^nce, by the affection of the American j)fople for the French Re- public, and for the jjlorious caiife which it defends ; equally alainied at my unfhakcn and incorruptible attachment to the fevere maxims of ilcmocnicy, were labouring to ruin me in my counliy, after havin;r ro-united all the cfforis to cnlumniate me in the view of their feHow- c'iti/.ens, I was going to begin to coUeA theft- affli«iting materiala, and I was taking uKafnrcs to innfmit them to Fiance with my reports, when the deniiiuiati«-n which thcl'e fmie men havc' excited the Prefi- (!fnt to exliihit a'.pin!l ir.v, through Mr. Monis, came to my hands. Strong in the princij.'U-s wliich h:\\c diredled my condiift, flieltcrcd 1 10 m every wcllfou'uhd k proa^h, I eKptch-i!, ncvcril'.ch Is, to havv* ftt'iKu In it lome ftrloiit* aih'jTaiiotiH ; but \\']\:\t has been my ;il\oni(h- nitnt «)ii fnidinf^, that llir American people were more owtragetl in it t!ian Vnyfclf, th;it it was luj-pofed that I escrciffd over them afvt- liip: inHuencr,that it wr.!> pretended that 1 wasimakingthem take apart in the wnrt^f liberty, for the defer.co of their hnthren, of their allies, ;i;;::i!if} the intention ol their {^overiiinent ; that ii'.Jgnieiils favourable to our inti rillii, vt iid(.rc ill fpitcof its numerous enemies; and that the power which iliey do mc the honor toattrihute to mc, is only that of gratitude l^ingghi)^; againil ingratitude, of trutli combating error. I will fend no other juitilication of my conduct. I will join only in fuppoit of the opi- nions which I meant to piofefs, fome writings which have been pub- lished here, fueh as thofc of J'erUas and of HchUlius^ &c. As to tl»e pcrfonal outrages, as to the doubts which you infinuatc on my devo- tion to the union of the people, I have leafon to believe they wi!l nof make a great imprefiion, when the anfwi'rs Ihall be recurred to, \v!.;. ;i I made to the numerous addiefles wlileh your fellow citizens deiyned to prefcnt ine : when it (hall be recolletted that plaei d at the a/^^e of twelve years in the bu.^cau of forei«Mj afl'airs, it wa» I who h»d the ad- vantage of contribuling to penetrate the I'reneh with the fpirit of 1776 and I777»by tranflating into our tongue, under the direction of my father, then head of the bureau, the greater part of yoi • law: and the writings of your politicians ; that fiiiee that epoch, always faith- ful to the caiife of liberty, I have rendiiKl to the Americans, in the diflcrent cmployritMt.' I have had, all the ferviees which depended on me; and that, in fiii';, diarged to reprefent the French people, with the firfl people who havi proclaimed the rights of man, knowing how far our ancient government had put llberticidefhackles on the commerce and on the intimaiy of ourtwo nations; I have neglef^til nothing to obtain, on the one hand, the liberal bails on which the new baud* which the French people defire to contraft with the I'nited States, were to be ncgocintcd, in order that on the other, the Federal Govern- ment might be feniible how urii^cnt it was to occupy themfelve* promptly on the conchifion of this true family compact, which was forc'ver to unite the politic:;! and commercial intcrells of two people equally obj.<^ls of the hatred of all tyrants ; befides, Sir, whatever may be the rcfuit of the ;achicvem< nt of which you have rendered yo'.irfelf the generous inltruiftnt, after having made n»e believe that you were my friend, after having iniiiir'tedme into mylleries which IjaveinHanud my hatred againft all thofe who af|. ire to an ahfolule power, there is jmi a«l:^ of jull ice, which the American peoj)le, whieh the French people, which all free p.ople are intcrelled to reclaim ; that is, that there be made a particular enquii-y, in the next Congrefn, of the motives on which the head of tiie executive power of the United States, has taken oi! hinifelf to demand the recall of ;« piiinic miniller, whom the fove- reign people of the I lited States had rec('v( 1 fraternally and recog- nized, before the diplomatic forms had been fulfilled with refpe^ ti» him, at Philadelphia. It is in the name of the French people, that I am fent to their bre- thren — to free and fo\ereign men : it is then for therepiefentaii\es ot ti»e American people, and not for a fingle man, to exhibit againil me an act of accufatioM, if 1 have merited it. A defpot may fmgly per- mit himftif to demand frum another defpot the recall of hi.' reprefeiita- J [ 9' ] livf, and to order hi« cxpiilfion in cafe of rcfufal. This ii what the Empn-^'s of Ruflia did with refpcft to myfclf, from Louis XVI. But in I fr« ftate it c;innot be fo, unlcfH ordn he entirely fubvortcd ; iinlefs the jxrople in a moment of Windnofs, choofr to rivet their frt- fcis, ill making to a lingle individual, the ahandonmnu of their moft preciot s rijjhta. 1 pray you, then, Sir, to place under tfic eyes of the Prefident of the United StateH, the demand whieh I make in the name (if equity, to lay before Conj^refs for their difcuflion at ih.- epoch when they Ihall be aflembled by the law, it" the great events whit h occupy the Univerfc <; - not appear yet fufficient t«) hallcn their con- vocation, — ill. All tf' quellions relative to the political rights of France and the United -itates. — zd. The different cafes refidtiiij' from our Hate of war with ihe powers of whofe afts of aggvefVion I have informed you — 3d. Tl" heai of accv.fation which the Miniftcr of the ITnited States with the I nch Republic is charged to exhibit agaiiill me, and againil the eonfuls whofe charai'^cr is compromitted .-indoutraj^ed, in the moil fcandalous manner, for having obeyed fupc- ' ir orders, which it was neither in their power nor in r> ■ to re- voke. In this expe«.'\ation. Sir, I do not confider the' dij^ ly of the 'renth nation as compromitiedby the extraordinary pofition in which 1 fmd myfelf, as well as the confuls, and I have to couAplain only of th' forms yo 1 have employed. 'I'hc Executive Council of the French Republic had alfo complaint! of a very different nature Irom thofe allcdjjed aj.^ linll n\e, t«) exhibit againil Mr. Morris, your Ambaffador at Paris; 'Mtt penetrated with a jull fentimeni of refpeil fd the fovereignty of tlu American peo- ple, it recommended to me wnly to make conlidcnti. 1 obfcrvation-; to you on the necefllty of reeallingthis Miniller Plenipotentiary, accufed by the public voice of fac'ls ellabliflied, but not by the rcprclentatives «)f the people aftv^r a rejnilar enquiry, of having favoured a.s nnich IMAGE EVALUATION TEST TARGET (MT-S) /> 1.0 1.1 l£|i£ 125 ■50 "^" IIHH ■ 40 ■2.2 £f MA i^ US US u 2.0 IL25 III 1.4 11.6 niotogFaphic ^Sdences Corporation 23 WiST MAIN STRUT WeUTIR.N.Y. 14S80 (716) •ra.^soa m \ <^ 4 v\ '^<^ ** 4^ ^ [ ?» ] I btvc already nitiition.ed to you* Sir, fome of thde imputttioni ; but, as I have already told you, out of refpe£k to the fotereignty of the United 8tateo» I thought I ihould leave to their wiidom, the care of taking mcafures, the moil fuhable to reconcile their dignity with what their prudence soight require. Not douibtiag, Sir, that the jultice which I require will be done ipe, as well as ofiy co-operators, I ought to infbm you, that I am about to have printed all my correi^ndence with you, all my inftruc> tioos, and all thofe of the confuls, in order that the American people, whpfe efteem is dearer to me than life, may judge if I have been worthy or hot of the fraternal reception which it deig^D«d to give me : if in aU my offiqial papers I have not exprefled my refpcfl for that virtuous nation, and my confidence in the purity of mar fentimcnts ; if I have iniiAed on a fingle principle, which has not been fupported fince, by decifions of the juries lying, your enemies, but by an attitude firm and pronounced, which appriies all the powers that the very legitimate defire of enjoying the fweets of peaipcj has not made you fcurget what is due to juflice, to gratitude, and that without ceaftng to be neutral, you may fulfil public engagements, contrafted with your friends, in a nwment when you were ypurfelycs in danger. I will anfwer more in detail. Sir, at a proper time, to your violent diatribe ; but it contains one ia£i on which I muft now ^ve you ex- planations. You arc made to reproach me with having indifcreetly given to my official proceedings, a tone of colour, which has induced a be- lief, ^at they did not knpw, in France, either my charadlcr or my manners. I will tell you the reafon, Sir t it is that a pure and warm blood runs vrith rapidity in my veins j that I love pafTionately my coun- try ; that I adore the caufe of liberty ; that I am always ready to fa- crifice my life to it } that to me, it appears inconceivable, that all the enen^es of tyranny, that all virtuous men, do not march with us to the cojQfibat ; and that when I find, an injuftice is done to my fellow- citizens, tha^ their interefts are not efpoufed with the zeal which they merit, no confiderations in the vrorld, would hinder either my pen or my tongue from tracing, from exprefllng my pain, I will tell you then without ceremony, that I have been extremely wounded. Sir, ifl. That the Prefident of the United States was in a hurry, before knowing what I had to tranfmit to him, on the part of the French Republic, to pro(:laim fentjmcnts, pii which decency and friendfhip fhpuld at /^ [ 93 ] * Icall have drawn a veil. 2d. That he did not fpeak to me at my firft oudience* but of the friendHiip of the United States towaids France, without faying a word to me ; without announcing a fmgle fentimcnt OD our trevolution ; while all the towns from Charlellon to Philadel- phia* had made the air refound with their moft ardent w iihcs for the French republic. 3d. That he bad received and admitted to a private audience, before my arrival, Noailles and Talon, known agents of the French counter-revolutionifts who have lince had intimate relationa with two members of the federal government. 4th. That this iirft magiftrate of a free people, decorated his parlour with certain medal- lions of Capet and his family ; which ferved at Paris as fignals of rally- ing, fth. That the firft complaints which were made ti) my prede- ceiTor on the armaments and prizes which took place at Charlellon on my arrival, were in fa£t but a paraphrafe of the notes of the Englifli Mimften 6th. That the Secretary of Wai*, to whom I communi- cated the wiih of our governments of the Windward Iflands, to re- ceive promptly, fome fire-arms, and fome cannon, which might put into a ftate of defence, poiTeffions guaranteed by the United States, had the front to anfwer me with an ironical carlefinefs, that the prinic{^es eftabliflied by the Preitdent, did not permit him to knd us fo much as a piftol. 7th. That the Secretary of the Treafury, with whom I had a converfrition on the propofition which I had made to convert almofl the whole American debt, by means of an operation of finance au- thorifed by law, into flour, rice, grain, failed provifions, and other ol^eAs of which Fruice had the moft preffing need, added to the re- fufal which he had already made officially of favouring this arrange- ment, the pofitive declaration, that even if it were practicable,, the United Startes could not confent to it,becaufe England woidd not fail to confider this extraordinary reimburfement, fumiflied to a nation with v^om (he is at war, as an z&. of hoftility. 8th. That by inllruc- tions from the Prefident of .the United States, the Amei-ican citizens who ranged themfelves under the banners of France, have been profe- cuted and arrefted ; a crime againft liberty unheard of, of which a a virtuous and popular jury avenged ^vith eclat the defenders of the heft of caufes. 9th. That incompetent tribunals were fufPered to take cog- nizance of b£ii relative to prizes which treaties interdict them cxprels- ly from doing ; that on the acknowledgment of their incompetence, this property, acquired by the right of war, was taken from us ; that it was thought ill of, that our confuls protefted againft thde arbitrary a^n; and that as a reward for his devotion to his duty, the one at Bofton was imprifoned as a malefadlor. loth. That the Prelident of the United States, took on himfelf to give to our treaties arbitrary interpretations, abfolutely contrary to their true fenfe. and that by ^ feries of deciiions which they would have us receive as laws, he left n<^ other indenmification to France, for the blood fhe fpilt, for the trea- fure fhe di0ipated in fighting for the independence of the United States, but the illufory advantage of bringing into their ports the prizes made on their enemies, without being able to fell tjhcni. nth, ♦ t 94 ] That no anfwer is yet given to the notification of the decree of the National Convention for opening onr ports in the two worlds to the American citizens, and granting the fame favours to them, as to tht French citizens ; advantages which will ceafe if there be a continuance to treat us with the fame injuftice. 1 2th. That he has deferred in fpite of my refpeAful iniinuations, to convoke Congrefs immediately, in order to take the true fentiments of the people, to fix the political fyftem of the United States, and to decide whether they will break, fufpend or tighten their bands with France ; an honed meafure which would have avoided to the federal government much contradiction and fubterfiige, to me much pain and difguft, to the local governments, cmbarrafih^ents, fo much the greater, as they found themfelves placed between treaties, which are laws and diecifions of the federal govern, ment, which are not : in fine, to the tribunals, duties fo much the more painful to fulfil, as they have been often under the neceifity of giving judgments contrary to the intentions of the government. It refuks from all thefe fa£fcs, fir, that I could not but be profoundly aSedled with the condu6l of the Federal Government towards my country, a conduct fo contrary to what the will of their fovereign, to what the proceedings of mine gave me reafon to expe^; and that if I have (hewn firmnefs, it is becaufe it was indifpenfable that my refiftance fhould be equal to the opprefllon, to the injuftice, which were in oppofition to the interefts confided in me ; it is, that it was not in my character to fpeak as many people do, in one way, and z&. in another ; to have an official language, and a language confidential. I have done ftridUy my duty ; I have defended my ground, and I will fufier no precedent againft any of the rights of the French people while there remains to me a breath of life ; while our two repubHcs (hall not have changed the bafis of their politicaland commercial relations, while they (hall not have perfuaded the American people that it is more advantageous for them to become infenfibly the flaves of England, the paffive tributaries erf their commerce, the fport of their politics, than to remain the allies of the only power who may be interefted to defend their fovereignty and their independence ; to open to them their colonies, and to their riches thofe markets which double their value. If it be to this that tend all the machinations fet in motion againft the , French republicans, and againft their friends in the United States : if it be to attain this more conveniently, that they wifti to have here, in- ftead of a democratic ambaflador, a minifter of the ancient regimen, very complaifant, very mild^ ge confidential. 9und, and I will ch people while lubUcs (hall not relations) while Ithat it is more s of England, their politics, interefted to to them their lie their value. ^on againft the ted States: if have here, in- lent regimen, 3urt to people flatter their jiodeftandfure Ithat of diftin- public funds, |rench republic am ; but in all hy, its govern- [ 95 ] nent, to/aerifice me without hefitation, if this injulUce offers the leaft utility. Aacept my refpecls, GENET. Note. This letter was one among feveral others which were re- ceived at the Secretary of State's office in Philadelphia, there formed into a packet, Sept. 30, addrefled to him, and forwarded by poll: to Virginia. By fonie accident of the poft, they did not get on to him in Virginia, were returned to Philadtlphia, and there received by him only the 2d day of December. Philadelphia, September 5th, 1793. Mr. Jiffirfottt Secretary of State^ to Air. Hammond^ Mmjler Plem- potetUlary of Great Britain. Sir, I AM honored with your's of Auguft 30th : mine of the 7th of that month aflured you, that meafures were taking for excluding from all further afylum in our ports, veflels armed in them, to cruife OB nations with whom we are at peace, and for the reiloration of the prizes, the Lovely Lafs, Prince William Heniy, and the Jane of Dub- lin, and that fliould the meafures fur reflitution fail in their eifedl, the Prefidcnt confidered it as incumbent on the United States, to make compenfation for the veflels. We are bound by our treaties with three of the belligerent nations, hy all the means in our power y to proteft and defend their veflels and effects in our ports or waters, or on the feas near our fliorcs, and to recover, and reftore the fame to the right owners, when taken from them. If all the means in our power are ufed, and fail in their ef- fect, we are not bou id by our treaties with thofe nations, to make compenfation. Though we have no flmilar treaty with Great Britain, it was the opinion of the Prefident, that we fliould ufe towards that nation, the fame rule, which, under this article, was to govern us with the other nations ; and even to extend it to the captures made on the highfeas^ and brought into our ports, if done by veflels, which had been armed within them. Having, for particular reafons, forborne to ufe all the means in our power, for the reflitution of the three veflels mentioned in my letter of Auguft 7th, the Prefident thought it ijocumbent on the United States, to make compenfation for them : and though nothing was fijid in that letter, of othier veflels taken under like circumflances, and brought in after the 5th of June, and be/ore the date of that letter, yet, where the fame forbearance had taken place, it was, and is his opinion, that com<( penfation would be equally due. As to prizes made under the fame circumflances, and brought in ^ter the date of that letter, the Prefident determined, that all the means in ourpoy^er mould be ufed for their reflitution. If thefe fail, aa w^ [ 96 ] ihould not be bound by our treaties, to make compcnfation to the ot^tcr powers, in the anahigous cafe, he did not mean to eive an opinion, that It ought to be done to Great Britain. But ftill, if any cafes (hallarife fubfequent to that date, the circumilances of which ihall place them on fimilar ground with thofe before it, the Prefident would think com- penfation equally incumbent on the United States. Inftnidtions are given to the governors of the different ftates, to ufe all the means in their power, for reftoring prizes of this laft defcription, found within their ports. Though they will, of courfe, take meafures 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> mation, as far as (hall depend on yourfelf, or any perfons under your i!iix'£lion, in order that the governors may ufe the means in their power, for making rellitution. Without knowledge of the capture, they cannot reftore it. It will always be bell to give the notice to them direftly ; but any information, which you mall be pleafed to fend to me alfo, at any time, (liall be forwarded to them, as quickly at diftance will permit. Hence you will perceive, fir, that the Prefident contemplates reftu Mion or compenfationy in the cafes before the 7th of Auguft, and ^ter that date, re/litutiont if it can be effeAed by any means m our power : and that it will be important, that' you fhould fubftantiate the fad, that fuch prizes are in our ports or waters. Your lift of the privateers illicitly anncd in our ports, is, I believe, correft — With refpeft to lofles by detention, wafte, fpoilation, fuftained by veflels taken as before mentioned, between the dates of June 5th and Auguft 7th, it is propofed, as a provifional meafare, that the colle£lor of the cuftoms of the diftritEl, and the Britifh conful, or any other perfon you pleafe, (hall appoint perfons to eftablifh the value of the veffel and cargo, at the times of her capture and of her arrival in the port into which (he is brought, according to the value in that port. If this (hall be agreeable, and you will be pleafed to fignify it to me, with the names of the prizes imderftood to be of this defcription, inftrudlions will be given accordingly to the colleAors of the cuftoms^ where the refpeftive veffels are. I have the honor to be, &c. Th: JEFFERSON. Philadelphia, September 7, 1793* •'Sir,' -' '\ FINDING by the nrotefls of fevcntl of the Confuls of France : — by their advertifements in the public papers, and other proceed- ings, and by other fufficient teftimony, that they claim, and are exer- cifihg, within the United States, a general admiralty jurifdidiion, and in particular, affimie to try the validity of prizes, and to give fentertce thereon, as judges of idmirahy; and mbreover, that they ate uiider- [ 97 J taking to give commifllons within the United States, and to enlift, oi encourage the enliftment of men, natives or inhabitants of thefe ftates, to connmit hoftilities on nations with whom the United States are at peace, in direfl oppofition to the laws of the land. I have it in charge, from the Prefident of the United States, to give notice to all the con- fuls and vice-confuls of France, in the United States, as I hereby do to you, that if any of them (hall commit any of the afts before men- tioned, or affume any jurlfdidlion not exprefsly given by the conven- tion between France and the United States, the Exequatur of the conful fo tranfgreffing, will be immediately revoked, and his perfon be fnbmitted to fuch profecutions and puniftiments as the laws may pre- fcribe for the cafe. I have the honor to be, &c. Th: JEFFERSON. Citizen Francois Dupont, Conful, Philadelphia^ Citizen Moiffonier, Vice Conful, Maryland. Citizen Mangourit, Conful, Charlefton. The citizen Hauterive, Conful from the Republic of France, at New- York. Philadelphia, September 9th, 1793. Mr, Jefferfon., Secretary of State^ to Mr. Genets Mintfter Plenipotentiary of France* Sir, IN my letter of June 25th, on the fubjeft of the fhip William, and generally of veffels fuggefted to be taken within the limits of the proteAion of the United States, by the armed veffels of your nation, I undertook to affure you, it would be more agreeable to the Prefident, that fuch veffels (hould be detained, under the orders of yourfelf, or the Confuls of France, than by a military guard, until the government of the United States (hould be able to enquire into, and decide on tha hBt, In two feparate letters, of the 29th of the fame month, I had the honor to inform you of the claims, lodged with the executive, for the fame (hip Williamj and the brig Fanny ; — to enclofe you the evi- dence, on which they were founded, and to defire, that if you found it juft, you would order the veffels to be delivered to the owners, or if overwelghed, in your Judgment, by any contradiftory evidence which you might have or acquire, you would do me the favour to communi- cate that evidence, and that the Confuls of France might retain the veffels in their cuftody. In the mean time, until the Executive of the United States {hoidd confider and decide finally on the fubjeft. When that mode of proceeding was confented to for your fatisfac- tlon, it was by nb means imagined it woidd have occafioaed fuch de- lays of juftlce to the individuals Interefted. The Prefident is ftill with- out information, either that the veffels are reftored, or that you have any evidence to offer as to the place of capture. I am therefore. Sir, to repeat the requeft of early Information on this fubjedl, in order that N [ 98 ] • i( anv injury lias been done thofe intcreiled) it nray be no longer aggra- ▼ated by delay. The intention of the letter of June 25th, having been to permit fiich veflfels to remain in the cuilody of the Confuls, inilead of that of a military guard, (which in the cafe of the ihip William, appeared to have been difagreeable to you) the indulgence, was, ofcourfe, to be underllood, as going only to cafes where the executive might take or keep poflcilion with a military guard ; and not to interfere with the authority of the courts of jullice, in any cafe wherein they fhould un- dertake to aft. My letter of June 29th, accordingly, in the fame cafe of the /hip Wiliani, informed you, that no power in this country could take the veffel out of the cuilody of the courts, and that it was only becaufe they decided not to take cognizance of that cafe, that it refulted to the Executive to interfere in it. Confequently this alone put it in their power to leave the yeffel in the hands of the Conful. The courts of juftice exercife the fovereignty of this country, in judiciary matters, are fupreme in th^fe, and hable neither to control nor oppoHtion from any other branch of the go- vernment. We learn, however, from the enclofed paper, that the Conful of New- York, in the firft inftance, and yourfelf in a fubfequent one, forbid an officer of juftice to ferve the procefs with which he was charged from his conrt, on the Britifh brig William Tell, taken by a French armed veffel within a mile of our fhores, as has been depofed on oath, and brought into New- York, and that you had even given orders to the French fquadron there to protect the veffel againfl any peifon who fhould attempt to take her from their cuftody. If this oppofition Were founded, as is there fuggcfted, on the indulgence of the letters before cited, it was extending that to a cafe not within their purvieu ; and even had it been precifely the cafe to which they were to be applied, is it pofUble to imagine you might affert it, within the body of the country, by force of arms ? I foibear to make the obfervations which fuch a meafure mufl fug- gell, and cannot but believe, that a moment's reflexion will evince to Xiju the depth of the error committed in this oppofition to an officer of juftice, and in the means propofed to be reforted to in fupport of it. I am therefore charged, to declare to you exprefsly, that the Ptt» (ident expefts and requires, that the officer of juftice be not obftrufled in freely and peaceably ferving the procefs of his court, and that, in the mean time, the veffel and her cargo be not fufTered fo depart, till the judician', if it will undertake it, or himfelf, if not, fhall decide whether theferurc has betn made within the limits of our protection. I have the honour to be, &c. Tm J JEFFERSON. [ 99 ] PHiLADELPHiAt September 9th, 1793. Mr. Jtfferfottt Secretary of State, to Air. Hammond^ Alini/Ier P/eni' potentlary of Great Britain. Sir, I HAVE the honor to acknowledge the receipt of your two me- morialift of the 4th and 6th tnftant, which have been duly laid bet fore the Prcfident of the United States. You cannot be uninformed of the circnmflanccs which have occa- lioned the French fquadron, now in New- York, to feek an afylum in the ports of the United States. Driven from thofe where th'.y were on duty, by the fuperiority of the adverfe party, in the civil war which has fo unhappily affli6ledthe colonies of France, filled with the wretched ftigitives from the famefcenes of diilrefs and defolation, without water or provifions for the Hiorteft voyage, their vefTels fcareely in a condition to keep the fea at all, they were forced to feek thb neareft porta in which they could be received and fupplied with neceifaries. That they have ever been out again to cruife, is a faft we have never heard, and which we believe to be impoflible, from the information re- ceived of their wants, and other impediments to a£live fervice. This cafe has been noted fpecially, to fliew, that no inconvenience could have been produced to the trade of the other belligerent powers, by the prefence of this fleet in our harbours. — I ihall now proceed to more general ground. France, England, and all other nations, have a right to cruife on our coafts ; a right, not derived from our permifllon, but from the law of nature. To render this more advantageous, France has fecurcd to herfelf, by treaty with us (as fhe has alone alfo, by a treaty with Great Britain, in the event of a war with us or any other nation) two fpecial rights. — I ft. Admiffion for her prizes and privateers into oui^ ports. This, by the XVI Ith and XXI Id articles, is fecured to her, exclufiveiy of her enemies, as is done for her in the like cafe by Great Britain, were her prefent war with us, inftead of Great Britain. 2d. Admif- fion for her public veffels of war into our ports, in cafes of ftrefs of weather, pirates, enemies, or other urgent neceffity, to refrefli, vidiual, repair, &c. This is not exclufive: As we arc bound j/ ' reaty to re- ceive the public armed veiTels of France, and arenotbouu.l to exclude thofe of her enemies, the executive have never denied the fame right of afylum, in our ports, to the public armed veffels of your nation. They, as well as the French, are free to come into them, in all cafes of weather, pirates, enemies, or other urgent neceffity, and to refrcfh, victual, repair, &c. And fo many are thefe urgent neceffities, to vef- fels far from their own ports, that we have thought enquiries into the , nature, as well as the degree of their neceffities which drive them hither, as endlefs as they woidd be fruitlefs ; and therefore have not made them. And the rather, becaufe there is a third rights fecured to neither by treaty, bat due to both on the principles of hofpitality between friendly nations, — ^that of coming into our ports, not under ths frejiire of urgetit necejftty^ but whenever their comf« rt or convenience [ 100 ] induced thein,-->On this ground alfoi the two nations are on a footinsr. As It has never been conceivtd, that cither wonld detain their (hips pf war in our ports, when they were in a condition for ad^ion, we have never conceived it ncccflary to prefcribe any limits to the time of their iUy. Nor can it be viewed as an injmy to either party, tu let their enemies He idle in our ports, from year's end to year's end, if they chool'e it. Thus then, the public fliips of war of botli nations enjoy a perfeft equality in our ports — id. In cafes of urgent necelTity — 2d, In cafes of comfort or convenience — And 3d, in the time tlicy choofe to continue — And all a fnendly power can afl: from another is, to extend to her the fame indulgencies which (he extends to other friendly powers. And though the admiifion of the prizes and privateers of France, is cxclufive, yet it is the effeA of treaty, made long ago for valuable confideratlons, not with a view to the prefent circumftances, nor againfl any nation in particular, but all m general ; and may, therefore, be faithfully obferved, without offence to any ; and we mean faithfully to obferve it. The fame exclufive article has been illpulated, as was before obferved, by Great Britain in her treaty with France, and indeed is to be found in the treaties between mod nations. With refpeft to the ufui-patlon of admiralty jurlfdIAIon by the con- fuls of France, within thefe flates, the honor and rights of the ftates themfelves, were fuflicient motives for the Executive to take meafures to prevent its continuance, as foon as they were apprized of it. They have been led, by particular confideratlons, to await the elfedl of thefe meafures, believing they would be fuflicient ; but finding, at length, they were not, fuch others have been lately taken, as can no longer fail to fupprcfs this irregularity completely. The Prefident is duly fenfible of the charafter of the aft of oppo- fition made to the fervlce of legal procefs on the brig William Tell, and he prefumes, the reprefentatlons made on that fubjeft, to the Minifler of France, will have the effeft of opening a free accefs tp the ofhcer of juftice, when he fhall again prefent himfelf with the precept pf his court. I have the honor to be, &c. Th : JEFFERSON. Philadelphia, September 9th, 1793. ^r- Jffftrfoni Secretary of State^ to Mr. Van Berciel, Refident of the United Netherlands^ Sir, I HAVE the honor how to acknowledge the receipt of your me- morial of the 5th inllant. You cannot be uninformed of the circumftances which have occa- fioned the French fquadron, now in New-York, to feek an afylum in the ports of the United States ; driven from thofe where they were on duty, by the fuperiority of the adverfe party in the civil war which has fo unhappily afflided the colonies of France, filled with the wretched fugitives from the fame feenes of diftrefs and defolation, without water. *'^> nation! are on a :fferson. [ lOI ] or proviftoiii for the fliorteft voyage, their vefleli fcarcely in a condition to keep the fea at all, they were forced to feek the neareft ports in which they could be received and fupplied with neceflaries. That they have ever been out again to cruife, is a fa£t we have never heardt and which we believe to be imuofllble, from the information recrived of their wants, and other impediments to a£live fcrvice. This cafe hat been noted fpecially, to fhew that no inconvenience can have been pro- duced to the trade of the other belligerent powers, by the prefence of this fleet in our harbours. I fhall now proceed to more general ground. France, Holland, and all other nations, have a right to cruife on out coafts ; a right not derived from our permiflion, but from the law of nature. To render this more advantageous, France has fecured to herfelf, by treaty with us, two fpecial rights — ift. Admilfion for her prizes and privateers into our ports. This, by the XVIIth and XXIId articles of our treaty, is fecured to her, exclufively of her enemies, and there is a falvo of it in her favour, in our treaty with the United Netherlands. — 2d. Admiflion fur her public vefleb of war into our ports, in cafes of ftrcfs of weather, pirates, enemies,' or other urgent neceffity, to refrelh, vi<^ual, repair, &c. — This is not exclufive, and is fecured alfo to the United Netherlands, by our treaty with them, and their public armed veffels are accordingly free to come into our ports, in all cafes of weather, pirates, enemies, or other urgent necefiity, and to refrelh, vidual, repair, &c. And fo many are thefe urgent neceflitles, to veflels far from their own ports, that we have thought enquiries into the nature, as well as the degree, of the neceffitiet which drive them hither, as endlefs as they would be fruitlefs, and therefore have not made them : And the rather, becaufe there is a third right, fecured to neither by treaty, but due to both on the prin- ciples of hofpitality between friendly nations ; that of coming into our ports, not under the prefTure of urgent neceffity, but whenever their comfort or convenience inclines them. On this ground alfo the two nations are on a footing. As it has never been conceived, that either would detain their (hips of war in our ports, when they were in a condition for a£tion, we have never conceived it neceffary to prefcribe any limits to the time of their ftay. Nor can it be viewed as an injury to either party, to let their enemies lie idle in our ports, from year's end to year's end, if they choofe it. Thus then, the public (hips of war, of both nations enjoy a perfe A equality in our ports — ift. In cafes of urgent neceffity — ad, In cafes of comfort or convenience — And 3d, in the time they choofe to continue ; and all a friendly power can afk of another is, to extend to her the fame indulgencies which (he extends to other friendly powers. And though the admiflion of the prizes and privateers of France, is exclufive, yet it is the efied of treaty, made long ago, for valuable confiderations, not with a view to prefent circumftances, nor againft any nation in particular, but all in general, and may, therefore, be faithfully obferved, without olfence to any ; and we mean faithfully tq [ I02 J ebnhrre it. And this hia b«^ r pr«fily admitud, it wtl before ob. ferved, in our treaty with the United Netherlands. With rcfpcft to the ufurpation of admiralty jurifdi£tion by the con- fuls of France, within thefe (latei, the honor and right! of the ftatei themfelves, were fufficient motives for the executive to take meafurri to prevent its continuance, as fuon as they were apprifed of it. They have been led, by particular confiderations, to await the effe6l of theft meafures, believing they would be fufficient ; but finding, at length, they were not, fuch others have been lately taken, as can no longer fail to fupprefs this irregularity completely. I have the honour to be, &c. Th: JEFFERSON. New-York, 6th September, 2d year of the French Republic. The CiltKen Genets Mlni/ler Plenipotentiary from the RepuhRc of Franu to the United States ^ to Mr. Jejfirfon, Secretary of St which for thefe two months detained the French fquadron in your ports, in a (late of nullity ; — of that plot which threatened, not only the fafety of our veffiels, but alfo that of our colonial poflelfions. The traiton Galbaud and Tanguy, and feveral other villains, not fatisfied with having caufed, at Saint Domingo, the fpilling of the blood of an itn> menfe number of people ; — not fatisiied with having there caufed the lofs of a Milliard to the Republic, concerted here, at Baltimore, and at Philadelphia, the projefl of bringing our forces to concur with them in th( execrable plan meditated by thefe men, whofe crimes have caufed them to flee their country, to return to St. Domingo, for the purpofe of renewing there the horrors and misfortunes which they have already had committed in that place ; I have been informed that the fuccefi which the colonilts of this place promifed to themfelves was nothing left than founded, as was that, the execution of which has lately been at- tempted in the windward iflands, upon a propofed alliance with the enemies, now at war with the republic, — ^the Englifh and the Spaniards. France, Sir, in fuch circumftances, has required in Europe of the neighbouring powers, that they oppofe every preparation which may be attempted by the emigrants, in their dominions, againft her fafety. She expe«Sl8 from a friendly and allied government, that it will be fuf- ficient to notify them of the pfots forming againft her in their own ter- ritory, in order to obtain from them all proper means to fupprefs them. I haveaffe^^ed the difarming of the veflels v^h was in the moft alarm- ing ftate of rebellion ; but the inftigators of it have fled, and I learn that they are fpreading over the continent, where they cannot but be ver}* injurious, as well to the tranquillity of thiS) as to the inteitft oS^ their own country. si- ^11 before ob. [ 103 ] I therefore requeft the fcdeml government to take the moft fpced}* gad efficacious meafaret to have them arrcftedi and thereby prevent them from committing the crimes which they might attempt. The Sivcroor and magiftracy of New- York have i/Tucd warrants again ft albaud, Tangiiyt Confcicnce, and Bonne { but they have each el'caped the a^vity of the pcrfops fent to apprehend them. T\\t traitors fly the punifliment referved for their cnmcB» and doBhtlefs will employ themfelveson new means of executing the plots they have formed again It France. I have pofitive information that they are lliU within the con- fines of the United States, and as the warrants of New- York cannot be ferved out of the bounds of the Hate, I particularly requeft from the federal government againit the faid Gulbaud, Tanguy, Confcictice and Bonne, of whom I fubjoin a defcription, orders of arreil, which (hall extend throughout the continent of the United States ; I alfo re- queft that the moft ftri£l and fpeedy attcntiou may be had relative to plots I have mentioned. May this Agoal a^, leaving no doubt as to the fmcerity of the wilhes of the government of the United States, for the fuccefs of the Frenclv Republic, caufe all the traitors to tremble, whom my efteem for your country has led me perhaps too much to defpife, and wh(. avail thcmfelves of the accefswhich thekindnefsand hofpitaJityof your nation offer them, toconfpire withip its verybofom, and in the circle of its moft elevated perfqnages, agaiaft France, and the general freedom of nations. GENET. Philadelphia, September 12, 1793. Mr. yejerfon. Secretary of StatCt to Mr, Gtmtf Mini/ler PUnipoten- iiary of France. Sir, I HAVE the honor of your letter of the 6th inftant, and can af- fure you with real truth, of the readinefs and zeal with which the executive will concur, in preventing within the limits of the United States, any preparation of hoftilities againft France, or her colonies, as far as this can be eflfe^ted by the extention of that portion of the pub- lic power, with which they are invefted by the laws. Ypur letter re- quefts the arreft and delivery of Tanguy, Galbaud, Confcience, and Bonne, efcaped from the ftiip Jupiter, and from the puniOiment of crimes committed againft the republic of France, and alfo that necef- fary meafurcs be taken, to prevent the carrying into execution, cer- tain plots formed by them and others againil their country. Thefc two requlftttons ftand on different ground. The laws of this country take no notice of crimes committed out of their jurifdiAion. The moft atrocious offender coming within their pale, is received by them as an innocent man> and they have authorifed no one to feize or deliver him. The evil of proteding malefaf^ors of every dye, is fenlibly felt here, as in other countries ; but until a reformation of the criminal codes of moft n^ionS) to deliver fugitives from them, would be to be- come their accompUcei : the former, therefore, is viewed as the lefTcr ^ t 104 ] eviL- When the confular convendon with France was under confi* deration, this fubjed was attended to : but we could agree to go no further than is done in the IXth article of that inftrument, where we agree mutually to deliver up " captains, officers, mariners, failors, and all other perfons being part of the crews of veflels," &c. untefs there- fore the perfons before named, be part of the crew of fome veffel of the French nation, no perfon in this country is authorifed to deliver them up, but on the contrary, they are under the prote£^ion of the laws. If they are part of the crew of a veffel they are to be delivered up, but then it happens that the diftri£l judge of each ftate, is by the law of Congrefs, made the competent perfon to execute this article of the convention, and confequently each within his own ftate, and no one over all the dates, fo that as criminals they cannot be given up, and if they be of the crew of a veffel, the z&i of Congrefs has not given authority to any one officer to fend his procefs through all the ftates of the Union. The other branch of your requeft is more completely pro- vided for by the laws, which authorife coercions as to the expeditions formed in the territory of the United States againft nations with whom they are at peace. If, therefore, you will be pleafed to give me fuch information as to perfons and places as may indicate to what points the vigilance of tht officers is to be diredled, proper meafures will be im- mediately taken for preventing every attempt to make any hoftile ex- pedition from thefe ftatcs againft any of the dominions of France, the ftronger the proofs you can produce, and the more pointed as to per- fons, theftronger will be the meiits of coercion which the laws will al- low to be ufed. I have not yet yet laid this matter before the Prelldent, who is ab- fent from the feat of government, but to fave delay which might be in- jurious, I have taken the liberty, as the cafe is plain, to give you this prov'tfory anfwer: \ fhall immediately communicate it to the Prefident, and if he fhall dire6^ any thing in addition, or alteration, it (hall be the fubje£l of another letter. In the mean time, I may venture to let this be confidered as a ground for your proceeding. I have the honor to be, &c. Th: JEFFERSON. Philadelphia, September 12, 1793. Mr* Jefferfotif Seiretary of State t to Mr. Hamilton, Secretary of tht Treafury. Sir, I HAVE the honor to enclofe you a paper delivered me by Mr. Boumonville, on the part of the Minifter of France, reclaiming againft the demand of tonnage on the veffels which came hither from the Weft-Indies, in their late calamity — It is urged, that they were driven out of their harbours by fuperior force, and obliged td put to fea without water or ftores, and therefore, to make the firft port* where they could be relieved ; which ronftitute, in their opinion, thofe eircumftances of diftrefs and neceffity, which exempt veffels from the [ «°5 ] nder conH- e to go no , where wc fallors, and intefs there- me veffel of d to deliver £):ion of the be delivered e, is by the lis article of ite, and no )e given up, as not given the Hates of npletely pro- expeditions i with whom rive me fuch at points the s will be im- ly hoftile ex- France, the :d as to per- laws will al- who is ab- might be in- ive you this le Prefident, it (hall be [enture to let SON. |2» 1793- [etary of the I me by Mr. reclaiming lither from they were td put to firft porti Inion, thofe lit from the payment of tonnage. This cafe belongs to your department. I tak£ the liberty, in the abfence of the Prefident, and to fave time, to tranf- mit it to you direftly, for your confideration. I have the honor to be, &c. Th: JEFFERSON. New-York, 24 September^ 1793. 2d year of the Republic of France. Citizen Genet, Miniver Plenipaientiary of the Republic of France ^ to M*"' ydF^rf""* Secretary of State of the United States. Sir, I AM charged to communicate to you the decree rendered by the National Convention, on the 13th of April laft, by which they declare, ** That the French people fhall not intermeddle, in any manr Tier, with the government- of other powers, but that they will not fuffer any power to intermeddle with the interior adminifl^ration of the Re- public, and pronouncing the penalty of death on whoever (hall pro- pofe to negociate or treat with enemy powers, who fhall not have fo- lemnly acknowledged the independence and fovtreignty of the French Republic." When the French citizens, by the example of thofe of America, have thought proper to eflabliHi a government founded on the rights of man, it was to be expe£led, that they would find enemies in all thofe, ambitious and eager for authority — in all the cabinets in which Machia- velifme is honored ; and when the French people, foured, fatigued with the dark machinations of their enemies, their public attacks — the infults contained in the afts of the defpotic courts — of govern- ments tending to monarchy, have thought proper to r6pel thefe perfi- dies, by afts marked with the ftamp of loyalty, greatnefs, philo- fophy, even at the inilant their vile enemies reported that they wiftied to annihilate all the governments — to deftroy all authority — to fpread trouble and confufion throughout — as if to oppofe a provocation, was not a natural right ; as if a great people, viftim of the particular hatred of the government of another people, had not the right to retaliate their fears, to enlighten them as to their errors, and to endeavour, by thefe ple^fant and juft means, to ward off great misfortunes, even to prevent war. Be this as it may, the National Convention has thought it a duty to affure the friends of humanity, and to (hut the mouths of their enemies, to proclaim the intentions of the French people, whofc agents will (hew, in every circumftance, that they know as well how to refpeft the laws of other people, as to defend thofe of the French na- tion, and to maintain their rights. Accept my refpeft, GENET MONTICELLO, IN VIRGINIA, 0 rical anfwer to his demand— the general wiflied to know if he was to underiland, that he, the conful, refufed to allow Col. Bradford to take charge of the veffel, the Conful faid he did not, certainly did not, wifh to oppofe force to the officers of law in this country. Said he wilhed then to write, and promifed to anfwer, conclufively, in the morning. Friday morning, Auguft 24, 8 o'clock. This morning. Gen. Brooks and myfelf waited on the conful, when informed us, he had concluded to keep pofFeffion of the veffel, and Gen. Brooks informed him he (hould make a reprefentation of the buHnefs to the government. I then handed the confid an open letter from C.Gore, Efq. and took leave with Gen, Brooks — a copy of which letter is hereunto annexed. THOMAS AMORY,jun. Boston, September lotH, 1793. The conful did, in my prefence, read part, or the whole of the letter referred to, and made no reply. THOMAS AMORY,jun. Sworn to, September loth, 1793. Before J. Lowell, Judge of the DtjiriS Court of Maffachufetts Dtjlria, Sir, Boston, 22d Augiift, 1793. I HAVE been informed that the marshal of the diftrid of Maffa- chufetts, yefterday, in obedience to a precept from the Circuit Caprt of the United States, replevied a veffel in this harbour \ that after he had fo replevied the veffel, a number of armed men, ailing by your order, and under your authority, forcibly took from him the vef- fel, and now refills the execution of his precept, as Attorney for the United States within the diflrifl of Maffachufetts. I do demand of you that you remove the force and obftruftion which you oppofe te the laws of the United States. I am. Sir, Your obedient fervant. ^ Mr. Dv J L Ann, FUe-ConfuL »• % [ "° j / Rufus Green ytmory^ of Bojion^ in Mnjfachufettt DtftrlS, of lawful aget te/ilfy and fay ^ THAT on the twenty-fecond Any of Auguft laft, being informed that the fchooner Greyhound, againft which I had {(Tued a writ of replevin, in favour of Meflrs. Brymer and Belcher, returnable to the next circuit-court, for faid dillrid, was taken from Col.. Bradford, the deputy marfhal, by fome French people, I went on board the fhip of war called the Concord, commanded by Captain Van Dogen, to en- quire if the faid fchooner was under his cuflody-rthe faid captain in- formed, me that ihe was under his protedion. I told him that the civil officer. Colonel Bradford, as marihal of the dillrid:, had gone on board the faid fchooner to replevy her under procefs of law. That on the evening before, wh"' the faid marfhal was on board faid fchoo- ner, by virtue of his precept, fome armed people went on board, and againil the will of faid marfhal, had brought faid fchooner near hit fhip, and I aiked him, if the fame was done by his authority — the faid Captain Van Dogen told me, that fome perfon had complained to him of gn attempt to carry the faid fchooner away from her anchorage in the night time, and that. to prevent the fame, he had ordered fome of his people on board her, and had direfted her to be brought nearer to liis fhip — where fhe then was — I aflced him if he would deliver the fchooner to the marfhal, and he faid that he fhould not without orders from the conful of France. I afked him if the faid fchooner was in his cuftody before the marfhal had entered on board her — he faid that he had none of his people on l>oard — ^but fhe came into harbour under French colours as a prize, and that the captain of her had afked his leave for anchorage where fhe had come to, and, as being under a French commiflion in public fcrvice, he had conAdered the faid vefFcl under his protedlion. RUFUS G. AMORY. September loth. Sworn to, before J. LOWELL, Jukge of the Diflria Court of Majachufetts Dl/lria. I the faid Rufus Greene Amory, further teilify, that (aid Captain Van Dogen told me, that he had complained to the Governor con- cerning the attempt to carry away the faid fchooner in the night time, without his leave. RUFUS G. AMORY. I John Brooks t Marfhal of the Diftria of Majachufetts ^ do tepfy and THAT on the twenty-fecond day of Auguft lafl, being in Boflon, and finding that colonel Samuel Bradford, deputy marfhal for faid diflridt, in ferving a writ of replevin upon the fchooner Grey- hound, had been oppoicd by an armed force, afting under the orders of Captain Van Dogen, commander of the French frigate " La Con- dttrd," I went on board faid frigate, to demand of the captain the reftoration of the faid fchooner. Upon my opening to captain Van Dbgen the objcft of my vlfit, (wluch was done in the prefencc of [ I" ] , of la'wjul I informed ed a writ of able to the adford, the the fhip of gen, to en- captain in. m that tlie ' ad gone on 3w. That faid fchoo- board, and ler near hi» jr — the faid incd to him nchoragein red fome of It nearer to deliver the hout orders ner was in le faid that boiir under d a{ked his ng under a : faid veflel dORY. Igeofthe ts Dl/lrla. d Captain rnor con- ight time, ORY# Veftlfy and In Bofton, larfhal for ler Grey- le orders 1 La Con- jtain the tain Van :fencc of Mr. Duplaine, the French conful, Mr. Jullice Cooper, and Mr. Tho- mas Amory) he difcovered confiderable warmth and difplcafure at fome Americans having be^n taken from on board a French vofiel, as well as at the attempt of Col. Bradford to poflefb himfrlf of a velTd bearing the colours of France, while under the proteftion of a fliip of force belonging to the French republic. Aa my object was to demand of Captain Van Dogen, reftoration of the fchooncr aforefaid, and to obtain from him a categorical anfwer, I avoided as much as pofllble the difcuffion of any fubjeft irrelative thereto ; and at length obtained from him a delaratiun, that as he had received his orders from the French conful, for doing what he had done, and as it was his duty to obey the conful. he could not furrender the fchooner. That he was an officer, and mult obey his orders. Immediately upon Captain Van Dogen having made the above mentioned declaration, which was done in prcfenceofthe French conful, the latter obferved to me, that he thought it a pity that any difficulty fliould arife about the fchooner — ^that he believed, if he and myftlf were to take our papers, we could, fettle the whole affair in a few minutes, and propofed that I fhould meet him on (hore in one hour. To this I agreed, and we met ac- cordingly. The refult, after more than an hour's converfation at this interview, was a propofition for another the next morning at eight o'clock. At the time afllgned, I again waited onthe con- ful at his lodgings. Upon my entering the houfe, he informed me, that he had come to a determination about the fchooner — ^that things (hould remain as they then were-that he fhould keep poffeflion of the fchooner — that I muft apply to the governor, and that if the go- vernor did not do fomething about it, he fhould advertife the fchooner in the newfpapers, and if in fix days nobody proved a claim to her, he fhould condemn her to the captors, or words to that effect. I further tcftify, That, in the converfation with Capt. Van Dogen, he informed me, that by the laws of the French republic, it was the duty of commanders of the fhips of thefsud republic, when in foreign ports, where there were French confuls, to obey the orders of fuch confuls — that the confuls were admirals, or had the power of admirals, or words tb that tStOi. Captain Van Dogen faid tJiis in the prefence of the French conful. I further teftify, That Mr. Duplaine the French Conful told me, it had been his dcfign to withdraw the armed force from the fchofl(f^ o///.t Dyiria Court of Mojachufetts D'tjintl, I Nathl. B^eld Lydcy of lawful age, ttjl'ify and fay ^ THAT on the evening of the twenty-fim of Augull inilant, at the requell of Samuel Bradford, Efq. marfhal of MafTachufetts diftridt, I went with him on board the fchooner Greyhound, laying off the end of Long-wharf, in the harbour of Boilon. The faid Brad- ford went on board of faid fchooner, as I underflood to fcrve a writ of replevin againft the faid fchooner, which iffucd from a circuit court of faid diftrift, in behalf of Mcfirs. Brimmer and Belcher of Halifax, Nova-Scotia, merchants; faid Bradford wanted my afTiIlance in the fervice of faid writ — we got on board juft after nine o'clock, and faw one perfon on board, who appeared to be a Frenchman — Colonel Brad- ford made known to him, he had a procefs againft the faid veifel, and enquired for the mafter — The faid Frenchman hailed a veffel which appeared to be a privateer, and a perfon came on board, who faid, that he was prize-mafter of faid fchooner — Mr. Bradford then made known to him that he had a precept or writ of replevin, and by virtue of that he had taken pofleflion of the fchooner — The prize-mafter then requefted that he might call for Mr. Jutau, who was faid to be on board the frigate Concord; foon after which Mr. Jutau came on board with fome other perfons, thd faid marfhal then made known to Mr. Jutau the purpofe and authority by which hehad come onboard, faid Ju- tau explained thefame to thofe perfons on boavdfaidfchooner—Mr.Jutau foon after went on board the frigate; an officer and about twelve meu came on board the fchooner, from the frigate, all aiined — The faid of- ficer foon after, ordered the fchooner to be removed near to the frigate -i— 'Kie marftial told faid officer his authority by which he hr.d taken poifeifion, and forbid him to move the faid fchooner, this removal was between ten and eleven o'clock the fame evening, fliortly afterwards the French conful with Mr. Jutau came on board — The marfhal then in- . formed them by what authority he came on board, and had taken pof- feflion of the fchooner — The conful then informed the marftial, that lit (hould keep pofleflion of the fchooner — The marfhal then told the faid conful, he would not quit the fchooner — the faid fchooner for one or ^two days remained in pofleflion of the officer and armed men, contrar)' to the orders and will of the faid marftial, but the marftial remained on board of faid fchooner — I was alfo on board the fri;];nte in the morn- \V [ "3 1 lug of the 2 ad Auguft, with Mr. Amory, attorney to and on the part of McfTrs. Drimcr and Belcher, when the captain informed faid Amorj', he (hould proteft and retain faid fchooner under his protec- tion notwithilanding the authority and doings of faid marn\al, a& men- tioned to hiin by Mr. Amory, who related tlie fame to him. Nathl. Byd. LYDE. Sworn to, September 10//&, 1793, before JOHN L O W E L Im Jud^e of the Dlftrla Court of Mafachufetts Dijriil, I Samuel Bradford, Z)nicr's afler- tion, or any other rcfpett^bleevidcricL '>f fuch an intention, on the part of Great Britain. In the mean while, .^t we have rcafon to believe it unfounded, as they have In no inilance, as yet violated the fovertignty of our country, by any commitment of hoftilitics, even on their enemies within our ju- rifdi6lion, we prefume with confidence that Mr. MoiiTonier's fears arc groundlefs. I have it, therefore, in charge to defire you to admonifli Mr. Moiffonier againll the parade he propofes, of ftationinff an ad- vanced guard in the bay of Chefapeak, and againil any hoftilc array, which, under the profeflion of defenfive operations, may in fad^ gene- rate thofe offcnfive. I flatter myfelf, fir, that you will be fo good us to join the etfeft of your authority to that of our government, to pre- vent mcafures on the part of this agent of your republic, which may hring on difagreeable confequences. * I have the honour to be, &c. Th: JEFFERSON. Baltimore, October 23d. 2d year of the French Republic. Citizen Moijfonier to General Lee^ Governor of thejlate of Maryland, THE liberticide fyftcm which direds the European cabinets, it going to manifeil itfelf towards the United States. England, that power to which they have been fo complaifant, is getting ready to fall upon them. The preparatives are made, and I fee, with pain, that no difpofitions whatever are made to oppofeany refiftance to them. The indifference of this ftate cannot exift as to our interefts.— This bay contains the riches of our commerce of St. Domingo, and the only hope of the French nation. We (hall become infalliby the firft vidtims of this careleflhefs, if I am not able to obtain from you. Sir, that the forts which defend the entrance of the Chefapeak be put into condition. In the meanwhile, and in purfuance of the orders of the minifler, I am going to collect all the maritime forces which the republic has in this bay, to form a van-guard, fufficiently formidable, and to derange, if it be poflible, the proje^s of our common enemies. ^ I have the honor to be, with themoft perfedi confideration. Sir, your very humble fervant, F. MOISSONIEH. [ ii8 ] TRANSLATION. New- York, November 15, 1793. 2d year of the Republic of France. The Min'tjler of the French Republic^ with the United Siatett to Mr. Jejerfon Secretary of State of the United States. Sir, I HAVE received the letter which you have done me the honour to write to me the .t;th November. The citizen Moiflbnniere has given to my inftruflions a fenfe more determinate ' than I had intended. I did not write him that England was immediately going to fall on you j but knowing by your hiftory, by our own, and by ftill more particular information, all the hatred with which that government lionourA your and our principles ; know- ing the fect'et treaties which unite the courts leagued again 11 free people, confident that our fucccfs can alone fupprefs the proje^s of vengeance which are perpetually nourifhed in the breaft of your ancient tyrant, feeing that fome rcverfes afterwards ef&ced, might excite him to accelerate the execution of his defigns, I prefcribed to this Vice- Conful, I ft. To concert with the commander of our naval forces in the Che- fapeak, to have colledted at Baltimore all the commercial vefTels which may be in the open and unfafe road of Norfolk. 2d. To have the armed veifels anchored, according to cuilora, in the advanced guard of the convoy. 3d. To ellablifh a fevere police in the road for the purpofe of pre- venting diforder, and protefting our property from incendiary enter- prizes, fufficiently familiar to our common enemy. 4th. To found the local government of Maryland, to know whether the fnrts which form a part of the defence of Baltimore, could not be repaired. Citizen MoifTonier, animated by a very pure patriotifm, has doubt- lefs mixed a little warmth in this latter ftep ; bdt I do not fee. Sir, that he has merited the admonition you mention, and that the mea- fures taken for the fecurity of the road, can compromit,in any man- ner, the peace of the Uniteji States. God grant that you may long enjoy, with honor, that peace fo pleafant and happy. It is the very fincere wifh of your friends ; it is mine ; but I (hdl not now diffemble more than I have hitherto done, that it is not the moil certain objeA of my hopes. Before having the happinefs of ferving a free people, I was employed by a court, and I refided at feveral others. I have bren feven years a head of the bureau at Verfailles, under the direftion of Vergennes. I have paffed one year at London, two at Vienna, one at Berlin, five in Ruffia, and I am two well initiated in the myfteries of thefe cabinets, not to tremble at the fate which menaces America ; if the caufe of liberty fhould not triumph, every where, for every where, where there is^ a throne, I warrant that you have an enemy. All the princes look upon you as our teachers ; almoft all conlider you as rebels, who m\ift fooner or later be chaftifed ; almoft • • [ "9 J le the honour all haveywor/f your ruin as well as ourst and be afTiired that George III. has not entered into their league, but on this condition. Your expedients, your managements will not change this fyilem, and if the minifters who refide with you, hold a different language, it is only the' better to deceive you. They triumph at the fecurity into which they have plunged you, at tht very moment when their courts are infulting you in every quarter, except on your coafts, where they know we have forces ; but their tone will change whilfl ours lliall remain invariably th^e fame, tnie and fmcere. Accept my refpttfl, GENET. Germantown, November 8, 1793. Mr. jfeffir/on, Stcretary of States to Mr, Genet, Mlnifter of France, S I R, I HAVE now to acknowledge and anfwer your letter of September 13, wherein you defire that we may define the extent of the line of territorial protection on the coafls of the United States, obferving, that governments and juris-confults have different views on this fubjeCI. It is certain that, heretofore, they have been much divided in opi- nion as to the diflance from their fea-coalls to which they might rea- fonably claim a right of prohibiting the commitment of hoflilities. The greatefl diflance to which any refpedtable afl'ent among nations hat been, at any time given, has been the extent of the human fight, cftimated at upwards of 20 miles, and the fmalleft d'lance, I believe, claimed by any nation whatever, is the utmofl range of a cannon ball, ufually flated at one fea-league. Some intermediate diftances have alfo been infifled on, and that of three fea-leagues, has fome authority in its favor. The charadler of our coafl, remarkable in confiderable parts of it for admitting no velTels of fize to pafs near the fhores, would entitle us, in reafon, to as broad a margin of protected naviga- tion as any nation whatever. Not propofing, however, at this time, and without a refpeClful and friendly communication, with the powers interefled in this navigation, to fix on the diflance to which we may ultimately infifl on the right of protedlion, the PrelVlent gives inflruc- tions to the officers, a^ing under hit authority, to confider thofe here-< tofore given them as reflrained for the prefent to the diflance of one fea-league, or, three geographical miles from the fea-fhores. This dif- tance can admit of no o|)pofition, as it is recognized by treaties between fome of the powers with whom we are connedled in com- merce and navigation, and is as little or lefs than is claimed by any of them on their own coafls. Future occafions will be taken to enter into explanations with them, as to the ulterior extent to which we may reafonably carry our jurifdic- tlon. For that of the rivers and bays of the United States, the laws of the feveral flates are imderflood to have made provifion, and they are, moreover, as being land-locked within the body of the United States. Examining, by this rule, the c^fe of the IJritilh brig Fanny, taken [ 120 1 on the 8tli of May luft, it appears from the evidence, that tlie capture was made four or five miles from the land, and confequently without the line provifionally adopted by the Prefident, as before mentioned. I have the honor to be. Sec. Th: JEFFERSON. Germantown, November lo, 1793. ^*'' y^<"fo"i Secretary of State t to the Mintfter Plcnlpotent'tary from the RepulUc of France j to the Untied States. Sir, AS in cafes whcre*venel8 are reclaimed by the fubjcdls or citizens of the belligerent powers, as having been taken within thejurif- didlion of the United States, it becomes neceflary to afcertain that facl, by teftimony taken according to the laws of the United States, tlie Governors of the feveral ftates, to whom the applications will be made in the firft. in (lance, are defired immediately to notify thereof, the ■attorneys of their refpe£iive dittn£ts. The attorney is thereupon in- ftrudled to give notice to the principal agent of both parties, who may have come in with the prize, and alfo to the confuls of the nations in- terefted, and to recommend to them, to appoint, by mutual confent, arbiters to decide whether the capture was made within the juril". di£lion of the United States, as ftated to you in my letter of the 8th inftant, according to whofe award the governor may proceed to deli- ver the veffel to the one or the other party. But in cafe the parties, or ccuiful ihall not agree to name arbiters, then the attoraey, or fome pcribn fubftituted by him, is to notify them of the time and place, when and where he will be, in order to take the depofitions of fuch witneiry ] tatlvely, the commlfiions of wliich our privateers apc pofTefTed, although I am equally unable to conftrain them to fubmit to decitions which our treaties of alliance and commerce do not faiiction, and which the decifions given by feveral tribunals of the United States, which even the negociations with you, feem to contradict, yet you may be aflured, that, after having fupported, as long as I have been able, the rights and the interells of the French people, I fiiall negleA nothing to en- gage by perfuafion our privateers to fufpend their cruifes and change their dellination. The objeft for which we have encouraged the arm- ing of all thofe little vefiels, was to deltroy the commerce of our ene- mies, and to block up their feamcn in your ports, for the purpofe of accelerating the return of peace by a diminution of their llrength. This plan was good, and notwithftanding the obftacles oppofed to it, it has fo far fuccecded, as to bring into our poffeflion fifty of their veflels, and to condemn to inadlivity an infinitely greater number. This objedl is now accompliihed ; fuperior forces will accomplifh the re It, and if I have had the misfortune, by my obedience to my inftruc- tions, by my obHinacy in acknowledging only the laws and treaties of the United States, to difpleafe fomc Anglophobias or Anglomeriy I have at lead the fatisfaciion of having rendei*ed an important fervice to my country, whofe prefent policy is entirely 'devoted to the war. I am very fenfible. Sir, of the meafnres which you have taken to iruftrate the odious projedl of fomc emigrants refugees of St. Do- mingo, and it were to be wifhed that we could expel this race entirely, as well as thofe of the emigrants and ariilocrats of Europe, much more iangerous to the peace, liberty and independence of the United States, than all the privateers in the world. GENET. Germantown, November 22d, 1793. Mr, Jefferfon^ Secretary of StatCy to the M'mlfler Plenipotentiary of France, S I R, IN a letter which I had the honor of writing to you on the 1 2th of July, I informed you, that the Prefident expedted that the Jane of Dublin, the Lovely Lafs, and Prince William Henry, BritiHi vef- fels, taken by the armed veflel Citoyen Genet, fhould not depart from our ports until his ultimate determination thereon (hould be made known. And in a letter of the 7th Auguft, I gave you the further information, that the Prefident confideredthe United States as bound, purfuant to pofitive aflurances, given in conformity to the laws of neutrality, to efFedluate the reltoi-ation of, or to make compenfation for prizes, made fubfequent to the 5th day of June, by privateers fitted out of our ports ; that, confequently, he expefted you to caufe refti- lution to be made of all prizes taken and brought into our ports, fub- fequent to the faid 5th of June, by fuch privateers, in defeft of which lie tonfidered it as incumbent on the United States to indemnify the owners of fuch prizes ; the indemnification to be reimburfed by the French nation. t 154 ] This detsrminttion involved the brig Jane of Dublin, taken by the armed veffel Citoyen Genet, on the 24th of July, the brig Lovely Lafs, taken by the fame veffel, on the 4tU of July, and the brig Prince William Henry, taken by the fame veffel on the 28th of June, and I have it in charge to enquire of you, Sir, whether thefe three brigs have been given up, according to the determination of the Prefident, and if they have not, to repeat the requifition, that they be given up to their former owners. I have the honor to be, &c. Th: JEFFERSON. TRANSLATION. New-York, 29th November, 1793. 2d year of the Republic. The Citizen Genets Min'ijler Plenipotentiary of the French Republic, h Mr, "Jejferfon^ Secretary of State of the United States. Sir, IT is not in my power to order the Fretich veffels, which have re- ceived Utters of marque in the ports of the United States, iri virtue of our treaties, in virtue of the moft precife inftniftions to me, to rcftore the prizes which they have been authorifed to make on our enemies, but I have long fince prcfcribed to all our confuls, neither to oppofe nor allow to be oppofed, any refiftance to the moral force of the juilice of the United States, if it thinks it may interfere in affairs re- lative to the prizes, or of the government, if it periifts in the fyftem againft which I have inceffantly made the beft founded reprefen- tations. Neither is it in my power. Sir, to confent that the indemnities, which your government propofes to have paid to the proprietors of the faid prizes, (hould be placed to the account of France, ift. Becaufe no indemnity is due but when fome damage has been occafioned in the ufe of aright which wap not poffeffed, whereas our treaties and my in- ftruftions prove to me, that we were fully authorifed to arm in your ports. 2d. Becaufe, according to our conftitution as weU as yours, the executive has not the arbitrary appropriation of the funds of the ftate ; and the executive council of France and their delegates, could not confent to a reimburfement of the indemnities in queilion, but when the legiflative body fliall firll have renounced, under its refpon- fibility to the people, the right which I have been exprefsly inftruded to maintain, and afterwards have granted the fums demanded by our enemies, and which have been promifed them by the Prefident. Accept my refpeft, GENET. [ 1^5 ] TRANSLATION. New-York, November nth, 1793. 2d year of the Republic. The Citizen Genet y Minifter Plenipoteniary of the RepuhUc of France, to Mr. Jefftrfon, Secretary of State of the United States. Sir, THE funds which were at the difpofition of the French RepubUc for the year 1 79?,, being exhaufted by the colonial bills drawn on them, by the conJidcrable expenfe which the continuance of the vefTels of the republic, in the ports of the United States occafions, by the fuccour which I have given to the refugees from the Cape, the fupplics of all kinds which I have fent into the French colonies in America ; in fine, the divers expences of the legation, and of the admiuiflration confided to me, I requell the favour of you to make known to the Prefidcnt of the United States, that I am forced in order to face our engagements, and to relieve our moil prelling neceffities, to draw on the lams which will become due to France, in the years 1 794, and 95, until Congrefs (hall have taken into confideration the mode of re- imburfement which I have been inftrudled to propofe to the Federal Government ; our contratSlors will be content with thefe aflignmcntSy provided they are accepted by the treafury of the United States, to be paid when they become due. Accept my refpeft, GENET. TRANSLATION. Ntw-YoRK, 14th November, 1793. 2'\ year of the French Republic. The Citizen Genet, Minifier Plenipotentiary of the French Republic^ to Mr. Jefferfon, Secretary of State of the United States, Sir, IT becomes extremely important that you fhould have the goodnels to inform me without delay, whether I can draw, by anticipation, on the approaching reimburfements of the debt of the United States to France ; our agents being informed, that the funds which were at the difpofition of the republic for 1793, are exhaufted, have fufpended their fupplies and their enterprizes, until they fliall be aflured that the aflignments of the debt, which I may make to them in virtue of my powers, (hall be paid when due. As without doubt you will form to yourfelf a juft idea of all the branches of the fervice which will fulTer, as long as this authority (hall be withheld from me, I am perfuaded, Sir, that you will zcaloufly fecond me in this negociation. Two thoufand fea- men and foldiers whom I fupport are on the eve of wanting bread. The repairs of our veflTels are at a ftand. The indifpenfable expeditions of fubfiftence for our colonies and France are fufpended. The federal government, without advancing a fingle one of the payments fixed by law, can by two words figned by you, or the Secretary of the Trea- fury, again put every thing into motion, imtil Congp'efs (hall have taken into confideration, the general mode of reimburfement which I have been inftrufted to communicate to you, and which alone can put [ '^6 ] me ill a conditioii to fupply, at leaft France, for tlic next campaign, iincv. it could not do fo far this one. The long nights, the thick fogs and the heavy fcas of winter will be favouraUc to our tranfports, fay rendering lefs probable, the painful rifks to which the odious prin- ciples of England exp^fe neutral vefTels* and particubrly thofe of the United Stateti. Accept my refpeft, GENET. Germantown, November 24th, 1793. Mr. JffftrJ'ott^ Secretary of State ^ to Mr. Genet, Min'ifter PUnipotett' t'tary of the French Republic. Sir, I LAID before the Prefident of the United States, your two let- ters of the I ith and 14th inltant, on the fubjedl of new advances of money, and they were immediately referred to the Secretary of the Treafury, within whofe department fubjedls of this nature lie. I have now the honor of enclofmg you a copy of his report thereon to the Prefident, in anfwer to your letters, and of adding aflurances of the refpc*^ and efleem of Sir, Your moft obedient and moil humble fervant, Th: JEFFERSON. The Secretary of the Treafury, upon twe letters from the Minifter Ple- nipotentiary of France, to the Secretary of State, fenvrally bearing date the nth and i^h of November, Injlant, refptSfully Reports to the Prefident of the United Stages, as foltonvs : I ft.nr' H E objeA of thefe letters is to procure an engagement, that JL the bills which the Miniiler may draw upon the fums, which according to the terms refpedling the contrafts of the French debt, would fall due in the years 1794 and 1795, Hiall be accepted on the part of the United States, payable at the periods llipulated for the payments of thofe fums refpeftively. The following confideratlons are fubmitted as militating againft the propofed arrangement — L According to the view entertained at the Treafury, of the fitua- tlon of the account between Fraitce and the United States, adjuiling equitably the queftion of depreciation, there have already been anti- cipated payments to France equal, or nearly equal to the fums falling due in the courfc of the year 1 794. II. The provifion by law for difcharging the principal of the French debt, c(»ntemplate3 only loans. Of thofe, which have been hitherto made, the fum unexpended is not more than commenfui-ate with a pay- ment which is to be made on the firfl of June next, upon account of the capital of the Dutch debt. It is pofTible that a fund for tliis pay- ment may be derived from another loan ; but it is known to the Pre- means o t 127 ] fident) that from advicts recently received, full reliance cannot be placed on this refource ; owing to the influence of the prefcnt (late of European affairs, upon the mcafures of the United States for bor- rowing. It need not be obferved, that a failure in making the pay- ment referred to, would be ruinous to the credit of the United States. The acceptance of the bills of the Minifter of France would virta- rlly pledge the only fund, of which there is at prefcnt a certainty, lor accomplifliing that payment, and as this is a matter of ftriit obli- jration, directly affeAing the public credit, it would not appear ad- vifablc to engage that fund for a different object, which, if the ideas of the Treafury are right, with regard to the Hate of our account with France, does not (land upon a fimilar footing. It would be manifeftly unfafe toprefume upon contingencies, or to enter into engagements to be executed at diftant periods, when the means of execution are uncertain. But as there appears to be a difference of opinion between the Mi- nifter of France and the Treafury, with regard to the ftate of the account between the two countries, it is neceffary that fomething on this head (hould be afccrtained. With this view, the Secretary of the Treafury will proceed without delay to take arrangements of or the adjuftment of the account. ALEXANDER HAMILTON, Secretary of the Treafury. Treafury Department^ "I November 2^, *793' J New-York, 21 November, 1793. Mr. Clinton, Governor nf New-Tor ky to Mr Genet , Minifter Plenipo- tentiary of France. SiRi AS by your letter of the nth inftant, I am imformed that the veffel therein mentioned, nowrepairingatthe wharf in theEaft river, is called the Carmagnole, and that Ihe was fitted out as a prira- tecr, in the Delaware, I conceive it proper to tranfmit to you a copy of a letter which I have fmc« received from the Secretary of War, dated the 15th inflant, in anfwer to one from me to the Prefidcnt of the United States, informing him of your having withdrawn the com- miflions granted to certain privateers, fitted out in the ports of the United States : By which you wifl perceive it to be the fcnfc of the Prefident, that this vefTel fhould be entirely diverted of her warlike equipments, and which, from the readinefs you are pleafed to exprefs to conform to the views of the Federal Government, I cannot doubt, vnVi on the receipt hereof, be complied with, and that until this is effefted you will not permit her to leave the harbour. I am, &c. Go: CLINTON. [ Ii3 ] New-York, 23d November, 1793. 2d year of the French Republic. Ciiinen Genet, M'mllerPlenlpotetUiaryftom the French Republic ^ to General C/iiitoMf Governor of the Utate fjf Nciv-Tork* SlR,> In A V E received the letter wliich you did mc the honour to write mc the 2 id inftant, as alfu the copy at nexed to it, of a letter from the Secretary of War. The frcfh requilitions which have lately been tranfmitted to you re- fpcidling the fchooner Columbia f formerly called the Carmagnole, arc only a continuation of the fyilcm which has ' been obferved towards me, from the very commencement of my miflion, and which evidently appears to be calculated to ba/Hc my zeul, to £11 me with difeull, and to provoke my country to meafuvt^s didated by a juil relentment, which would accumplith the widies of thofe whofe politics tend only to difunite America froir. France, the more eafily to deliver the former into the power of the EnglKh. Warned by this conjedture, which is unfortunately but too well founded, inilead of proving to you us I could cafdy do that the orders v;hich have been given to you, are contrary to our treaties, to the condu'/ ejfieurs Rccd and Soder. R [ «30 ] veritmcnti and at afpiring to involve you in the war } you know, Sir* with what moderation I have reminded you of the obligations which were impofud on you. In that alfo, I have a clear confcicnce, of having been influcnceut neither by our fucceifcs, nor our misfortunes. I have only ceded to provifuiy ads, which, concealing a manifell con^ tradi£tion under an apparent moilcity, avow the inabihty to defend us, and ufurp, at the f^me time, the right to let uqIn; attacked. I have in mv poflcnion, the prot)f)t of a confpiracy, which broke out in September iail, fur the furrcnder of the Mole ; and the original papers cnclofed, prove, that it was concerted in firft days of 1793, and I'lgncd then with names which were not unmaHied till 7th September lall. The cunfpii'ators, adroitly, concealed, were urging claims on the Republic, at the moment they were treating with the Englifh miniller, to the end, that by this double intrigue, they might overthrow the true friends of the French, and condu^ to its end their fliamcful plot. Thefe partial threads, which difco\ .r themfelvcs now, were only ac- ceflary portions of the confpiracy of a great traitor, celebrated in the laft year, now cruihed under rcmorfe, and the contempt of the world. The French people, Sir, have baffled all thefe intrigues, and if ulterior proofs were wanting of their wifdom, of their firm determination to be free, and of the Ibbility of their government, you would find them in the glorious flruggle of the preient campaign. Therein, amidft great reVcrfes, figncd victories, and atrocious confpiracies, the Colof> lus of the French people raifes itfelf majcllically, and makes their ene- mies tremble. Thefe then are the friends, under whofe wing Ame- rica will brave the defpots who divide their hatred between her and us. Thofe are the friends, who, among the general meafures of rigor, which circumltances force from them, do not ecafe a moment to re- member you, to except you from them. The demands, which I make of you in their name, Sir, are confined to this, that you will not fuffer poignardH, for their aflaflination, to be forged in your territory. I pray you, in confequence, Sir, to reprefent to the Preiident of the United States, ill. That the perfonol fafety of our confuls Is threat- ened; at Cliai'lctlon and at Baltimore, and that little activity is em- ployed for their proteAIon. 2d. That 200 colonial emigrants are em- barking at Baltimore, and are perhaps departed to join the traitors oF Joremic — That two other veffels, armed, doubtlefs, by our enemies, arc advertifed at Piiiladelphia, in the counter-revolutionary gazettes, to carry paflengers of the fame ftamp to the Mole, Saint Nicholas. That I know alio, of my certain knowledge, that American vefTcls have, for * fome time c:irried provlfions and war ftores to thefe two rebel places ; and, in fine, that the emilTarlcs of men, with whom fomc of your ml- nifters afTociate, hnvc gone to -this ifland, which has been a long time the prey of a tlionfand artfid confpiracies, there to negoclate infuiTec- tions, and the ruin of the comm.ercial Interefts of my cduntry ; that it 13 on your territory, that all this is doing ; that it is in your country, in fine, that exifta the centre of the intriguing defolatlons of our ul trao^rlne pofTtlToiii. [ '31 ] I requeft ypo, Sir, to obtain a definitive anfwer, from the fupre ine bead of tlie federal g^vcnimcnt, on thefe two ol/jcd^n, in order that I may* by tht firft opportunity, Inform the French government, of the fleps T have taken in this refpcA, and i)f their cfTeft. I fhall moreover take the liberty to propt»fe to you, a meafure, which I cannot adopt, but with your authority, and which would obviate the fubterfuges of traitors, and the coercive means which you may not pofliTs. It is, to give orders to the armed vcflVls of the Rc- publiI's HISTORY OF THE BRITISH EMPIRE, From Jday, 1792, to December, 1793. v (A dollar and a quarter.) [This is as interefting and valuable a publication ss has appeared for many years.J .%, PAPERS RELATIVE TO GREAT BRITAIN. i DEPUTIES Philadelphia, Nov. tg, itgi- Mr, Jefferfon, Secretary bf Btate, to Mr. Hammond, Mtnijler Plenlpo' tentiary of Great Britain. Sir, / *\ IN recalling your attention t6 the 7th article of the compliance on our part with the engagements contained in the 4th, 5th, and 6th articles of the treaty, induced him to fufpend the exe- cution of the 7 th, and render a feparate difcuffion of them inadmif- (Hblc. And accept aflurances of the higheft refpedt and efteem, With which I have the honour to be, Sir, Your moft obedient and moft humble fervant, TH: JEFFERSON. Documents referred tOy and enclofed, ExtraA of a letter of May 12th, 1783, from Sir Guy Carleton to General Wafliington. Letter of May 24th, 1783, from the American commifTioners to Sir Guy Carleton. Letter of May 29th, 1783, from Mr. Morgan for Sir Guy Carleton to the American commiffioners. 'Remonftrance of June 9th, 1783, from the American Conunifli- oners to Sir Guy Carleton. Letter of June 14th, 1783, from the American commiffione;? to General Wafliington. Extrafl of a re- monftrance of June 17, 1783, from the American commiffioners to Sir Guy Carleton. Letter of Jan. i8th, 1784, from the American commiffioners to G eneral Wafliington* Extras of a Letter from Sir Guy Carleton to General lVaP)ington, of I2ih May, 1']%^, " T ENCLOSE a copy of an order which I have given out, to X prevent the carrying away any negroes or other property of the American inhabitants. I underftand from the gentlemen therein named, that they vifited the fleet bound to Nova Scotia, and ordered on fliore whatever came clearly under the above defcrlption : there appeared to be but little difference of opinion except in the cafe of the negroes who had been declared free, previous to my arrival. — As I had no right to deprive them of that liberty I found them poflefl"- ed of, an accurate regifter was taken of every circumftance refpe£t- ing them, fo as to fervi: as a record of the name of the original pro- prietor of the negro, and as a rule by which to judge of his v^ue. By this open method of condud^ing the bufinefs, I hoped to prevent all fraud, and whatever might admit of different conftru£Uons is left open for future explanation or compenfation. Had thefe negroes been denied permiffion to embark, they would in fpite of every means to prevent it, have found various methods of quitting this place, fo that the former owner would no longer have been able to trace them, and cf courfe would have loft in every way, all chance of compen- fation. This bufinefs, carried on in this public manner, and the orders no- minating perfons to fuperintend embarkations publiftied in the ga- zette, I had no rvafon to think either the tii.barkation or any clr- pumftance attending it, could have been maU^i^ of fiirprize to you^ C 7 3 excellency on the 6th of May. 1 then, however, learned with con- cern, that the embarkation which had already taken place, and in which a large number of negroes had been conveyed away, appear* ed to your excellency as a meafurc totally different from the letter and fpirit of the treaty. " The negroes in queftion, I have already faid, I found free when I am'ved at Ncw^ York. I had therefore no right, as I thought, to prevent their going to any part of the world they thought proper. " I mull confeis that the mere fuppofition that tlie kmg's mini- fter could deliberately ftipulate in a treaty, an engagement to be guilty of a notorious breach of " the pubUc faith,'* towards people of any complexion, feems to denote a lefs friendly difpofition than I could wifh, and I think lefs friendly than we might ex- peft. After all, I only give my own opinion. Every negroe's name is regiftered, the mafter he formerly belonged to, with fuch other circumftances as ferve to denote his value, that it may be adjufled by compenfation, if that was really the intention and meaning of the treaty. Reftoration, where infeparable from a breach of pub- lic faith, is, as the world, I thift, muft allow, utterly impra^ica- ble. I know of no better method of preventing abufe, and the carrying away negroes, or other American property, than that I propofed to the minifter for foreign affairs, in my letter of the four- teenth of April, the naming commiffioners to aflill thofe appointed by me, to infpc^ all embarkations, and I am pleafed to find your excellency has approved of this method, and appointed Egbert ' Benfon, efquire. Lieutenant-colonel Smith, and Daniel Parker, ef- quire, one of the cootraftors for fupplying your army with provi- lions, commidioners on your part for this purpofe." I am. Sir, &c. GUY CARLETON. Sir, May 24th, 1783, From the Commiffioners to Sir Guy CarUton, WITH this we do ourfdves the honor to tranfmit your eX' cellency the cafe of James Van Derburgfa, efquire, an In- habitant of this ftate, and conformable to the inftruAions contained in our commilfion, it becomes our duty to requeft that your excel- lency will pleafe to diredl that the claim of Mr. Van Derburgh Slay be enquired into, and if, on fuch enquiry, the h^s, as ftated (hould be proved, that the horfe may then be delivered to Mr. Van Derburgh. We have the honor to be, &c. EGBERT BENSON. W. S. SMITH. C 8 3 The Cafe of James Van Derburghf Efqmre. MR. Van Dcrhurgh had an hotfe ftolcn from him, out of hi* ftable, in Beekman's precind, in Dutchefs county, twv-nty- fixth of February, 1 780 ; and the horfe was conveyed, by the perfons who ftole him, to a then Briti/h poft in Well Cheller county, where he has fince been detained, fo that Mr. Van Derbur^rh cuuld not recover him again. The horfe is now in the poffcflion of colonel James De Lancey, of this city, from whom Mr. Van Dcrburgh has demanded him, and who refufcs to deliver him to Mr. Van Dcr- burgh. New Yo^k, May 39th, 1783. From Sir Guy Carleton to the Con. r.ljffioners. Gentlemen, I AM diredled to inform you, in anfwer to your letter of tlic twenty-fourth inftant, that after the moll attentive rt lew by the commander in chief of his letter to the honorable R. R. Livlng- flon, which has become the declared ground of your commiflion, he is not able (fufpending all otVr confiderations) to petceive ei- ther in that letter, or in any claufe of your inilrud^ions, any author- ity for your officially claiming, on behalf of Mr. Van Derburgh, an horfe, llolen or taken in Dutchefs county, in the year 1780, and which you do not even fuggeft to be in danger of being prefently embarked and carried away. I have the honor to be, gentlemen, &c. M. MORGAN. New York, 9th June, 1783. ■ C(^ of a Rsmonflrance from the Commijfioners to Sir Guy Carleton. THE underfigned commiflioners in behalf of the United States of America, do reprefent to your excellency, that on Friday laft, the board compofed of the commiflioners appointed by your excmandant of this city, that the faid negro came within the Britifl) lines, under the fan^lion of the proclamation refpefUng negroes. The underfigned, therefore, in confonnity lo that part of their commifllon whereby they are required *• to attend particularly to the due execution of that part of the fcventh article of the provifional treaty, where it is agreed, his Britannic majefty fliall withdraw his armies, &c. vi^ithout caufing any deftruflion, or carrying away any . [ 51 ] A^groet or other property of the American inhabitants/^ do requeft of your excellency^ that the faid captain Thelwall may be prohibit- ed from carrying away the faid negrtlf and in conformity to that part of their commiifion, whereby they are required " to obtain the delivery of all negroes* and other property of the inhabitants of the United States, in the pofllflion of the Bntifh forces, or any fubjedls of, or adherents to, his Britannic majelty," do further rcqueft of your excellency, that the faid negro may be delivered to Mr. Lott. The underfigncd do thcmfelves the honor, herewith, to tranfmit to your excellency, a copy of an a£t of the United States in con- grefs alfembled, of the twenty-fixth of May lall, which has been tranfmitted to them by his excellency general Waftiington, with di- rections to pay ftridl attention to the injunctions of congrefs contain- ed in the {aid aCt ; and as the underfigned are, by their commifTion, enjoined to reprefent to the commander in chief of the Britifti forces in this city, every infraction of the articles of peace, it therefore be- comes their duty to remonftrate to your excellency agaiiift your per- miting any negroes, the property of the citizen;! of thefe ilates, tu leave this city, and to infiit on a difcontinuance ot that meafure. EGBT. BENSON. WILLM. S. SMITH. DANIEL PARKER. Copy of a Letter from the Comm'iffhners to General Wq/hington, New Yqrk, June 14th, 1783^ Sir, WE do ourfclvea the honor to acknowledge the receipt of yoiir excellency's letter of the fccond inltant, covering the aCl of ccngrefs of the twenty- fixth ult. and we alfo do ourfelves the horor to tranfmit your excellency, a copy of a memorial which we pre- fented to Sir Guy Carleton, on Monday laft, to which we have not, as yet, received any anfwer, except a verbal meflage by his deputy fccretary, that he did not conceive an anfwer, at this time, necelfary. Your excellency will recolleCt, that in anfwering our claim for ref- titution in the cafe of Mr. Van Derburgh, Sir Guy Carleton intimat- ed an impropriety in the claim, as the property was not fuggefted to be in danger of being fent away : this left room for an idea, that, poflibly, property about to be fent away, would be reftored j and we apprized your excellency, that we fhould take the firft fair occafion which fhould prefent itfelf, to remove all doubt on this point ; and, with this view, we made the requlfition in behalf of Mr. Lott ; and we conceive it is now reduced to a certainty, that all applications for the delivery of property will be fhiitlefs, and we fhall therefore defift from them. That part of the memorial which is ip the nature of a remonftrance, is in confequence of the refolution of congrefs, ^itd your excellency's letter which accompanied it» Yeilerday we afiilted in fuperintendinf^ an embarkation, confiftlng of fourteen tranfports, b^jund to Nova Scotia, having on board, a^ Cc C 10 ] nearly as ^e could eftimate, about three thoufand fouls, amon^ which were at lead one hundred and thirty negroes, who appeared to be property of the citizens of the .United States ; and as tnis embarka. tioi) was made fioce we prefented our memorial, and as it were in the face of it, we fubmit it to your excellency, whether it is neceflary for us further to remonllrate to Sir Guy Carleton, againft his per- mitting (laves, the property of American fubicd^s, to leave this place*, and could wi(h to receive your excellency's directions on that fubje«5l. We have the honor to be, 5c c. EGBT. BENSON. DANIEL PARKER. Exlralt of a Remonjlrance from the Commj^onen lo Sir Guy Carleton. New York, June 17th, 1783. THE underHgned commiffioners, in behalf of the United States of America, did, with intent to comply with their inftrudliuns diredling them ** to aflift fuch perfons aa (hould be appointed by your excellency in fuperintending and infpediing fuch embarkations as the evacuation of this place fliould require," on Friday lad, aiTiil the commiflioners, appointed by your excellency, in fuperintending and in- fpedling an embarkation made by dire£lion of your excellency^ and confifting of fourteen tranfports in the pay and fervice of the crown of Great Britain, bound for the province i)f Nova Scotia, and having on board, as nea^ as the underfigned could cftimate, at leaft two thoufand white perfons, who, a few individuals excepted, ap- peared to be perfons in civil life, and inhabitants of the United States : and having alfo on board upwards of one hundred negroes, feventy three of which appeared to be the property of American fub- jeiis not refiding within the Britifh lines. The underfigned, therefore, in order to guard againft improper inferences from their filence on this occafion, and from their condudt in future, conceive it incumbent on them to reprefent to your excel- lency, that, notwithftanding any adl on their part in fuperintending or infpedling the above-mentioned, or any other embarkation, they do, and fhall confidcr the permiflion from your excellency, to any negroes belonging to the citizens of thefe ftates, to leave this city, tis an infraction of the treaty of peace, agreeable to their reprefenta- tion of the ninth inftant ; and that they do not, neither can they confider the faid embarkation, or any other of a fimllar nature, as an embarkation which the evacuation of this place requires. From the Commiffioners to his excellency General IVa/hington, New York, i 8th January, 1784. Sir, THE Briti(h troops being wholly withdrawn from this place, it only remains to the clofing the bufinefs under your excellency's commiflion^to us of the eighth of May ult. that we fhould report our proceedings. C M ] they any city, enta- they an ^, it ^cy*s )ort We prcfumc it will be nccdlcfB to recapitulate our former commii* •licationa, and therefore, take the liberty of referring to our letters to your excellency of the thirtieth of May, fourteenth and eighteenth of June laft, with their refpedtive enclofures. As Sir Guy Carlcton did not, except in one or two inftancea, an- fwer our reprefcntations, we forbore to make further rcprefcntation. We interpreted hitt iilcnce into a determination that all future appli- cation from us (hould remain equally unnoticed, and therefore prefum- ed, that they would be, not only fruitlefs, but alfo derogatoiy to the dignity of the fovereignty by whofe authority we were commiflioned. From our firft arrival in this city hitherto, we have, whenever we were formally requefted by the Britiih commiflioners, aflifled them in fiiperlntcnding embarkations. Thefe embarkations were always made in veflels in the pay and fervice of the crown of Great Britain, and the fupcrintendence confillod in vifiting the fliips after they were laden and ready for failing, and taking an account of the negroes, which the captain informed us, were on board, and which were alfo produced to us. The captains were then afked, whether they had any other American property on board. They all anfwered in the negative, and this was received as evidence, without further fcrutiny, or examination. A defcriptive lift of negroes your excellency will receive with this. This lift, as to the names of the negroes and places of rcfidence of their mafters, is formed from the declaration of the negroes themfelves, made to the Brltifh commiflioners in our prefence. We conceive it requifite to inform your excellency, that Sir Guy Carleton retained and exercifed the authority of entering and clear- ing out merchant veflels, at this port, which were never fubmitted to any infpediion ; and confeqnently, it is impuflible for us to determine, for a certainty, the number of negroes, or the amount of other pro- perty belonging to the citizens of the United States, which were carried away in thofe veflels ; neither do we know that any meafure? were ufed by the Britlfli government to afcertain thefe points. Sir Guy Carleton afledted to diftioguifli between the cafes of fuch ne- groes as came within the Britifli lines, in confequence of the promifes of freedom and indemnity held out in the proclamations of his prede* ceflbrs, and fuch as came in, either previous to the proclamations, or fubfequent to the cefl*ation of hoftilities. Negroes of the firft de- fcription he fuppofed not included in the treaty, as the public faith had, prior to the treaty, been pledged to them for their fecurity a- gainft the claims of their former mafters. 'Admitting this diftinAion to be juft, we would mention a circumftance to your excellency, which we fuppofe no otherwife material, than to fliow^ that Sir Guy Carleton, or, at leaft, that his fubordinatc officers, did not intend to obferve the treaty, even agreeable to their own limited conftruflion of it. Whenever the negroes, at an infpeAion of an embarkation, were examined, they always, except in a very few iuftancei, produced a printed certi^cate from the conamand.-^nt yf the city, counterfignns of :n his and |d, in rifing ^ding igin not- lan- kpro- C 15 ] priety of the individual ftates attempting to contravenCf or even dif* cufs ftipulations, which had been fan£lioned by their general govern- ment, the congrefs farther declare, i* they have deliberately and diipaffionately examined and confidered the feveral fads and matters urged by Great Britain as infradlions of the treaty of peace, on the pare of America ; and regret, that, in fome of the ftates, too little attention appears to have been paid to the public faith, {hedged by the treaty." It is obfervahle, that congrefs, neither in this proclamation nor recommendation, take any notice of the fourth article of the treaty of peace, by which it was agreed that creditors on either fide, fhould meet with no lawful impediment to the recovery of the full value, in fterling money, of all bona fide debts theretofore contra£ked ; nor does either the proclamation or recommendation extend to the ftipu- lations in the clofe of the fifth article, whereby it was agreed that all perfons who have any interefts in confifcated lands, either by debts, marriage fettlements, or otherwife, (hould meet with no law- ful impediment in the profecution of their juft rights. This omiffion of thefe elFential points can only be afcribed to the conviction that congrefs entertained, that it was totally unneceflary to fpecify them, as they were llipulations pofitive and obligatory upwi the individual ftates, and that no local regulation was compe- tent either |p confirm or invalidate them. It does not, however, ap- pear that this proclamation and recommendation had any genei-al and extenfive effedl upon the legiflatures of the refpe£live ftates ; as* ' confequence thereof, even the formality of a municipal adop-^ :. of the treaty, either in the nature of a repeal of exifting i v^, repugnant to the treaty of peace, or of a declaratory law, eftablifhing the treaty of peace as the fupreme law of the land* feems to have been confined to a fmall portion of the feveral ftates. Having thus ftated the meafures purfued by congrefs to give valid- ity and e£Fe£l to the engagements contained in the treaty of peace, it is now expedient to fpecify, in detail, the particular adls which Great Britain confiders as infradlions of the treaty, on the part of the United States, and it will tend to fimplify the difcuflion to make the following arrangement : I. To define what congrefs has enforced or omitted. II. To advert to the conduct obferved by the individual ftates generally, in refpeft to the treaty of peace. In not repealiiig laws that exifted antecedently to the pacification, In enabling laws fubfcquent to the peace in contravention of the treaty. And in the decifions of the ftate courts upon queftions affeCling the rights of Britifh fubjedb. As to the firft of thefe points, it cannot be prefumed, that the commiffioners, who negociated the treaty of peace, wo'dld engage in behalf of congrefs, to make recommendations to the legidatures of the refpcdive ftates, which they did not expert to be effectual, or enter into direct ftipulationsy which they had not the power to C 16 3 -*) citaferce. And yet the laws were not repealed which congreia re<« commended to be repealed, nor were the ftipulations enforced which congrefs was abfolutely pledged to fulfil. It does not appear — ^that any of the itate legiflatures repealed their confifcation laws, or pro- vided for the reftitution of all eftates, rights and properties of real Britifh fubje£ts, which had been confifcated, and of perfons refident in diftrids in the poflTtflion of his maje(ly*8 arms, who had not borne arms againft the United States — ^that perfons of other defcriptions* were at liberty to remain twelve months in the United States, unmoleft- cid in their endeavours to obtain the reftoration of their confifcated ^eftates, rights and properties — ^that the ads of the feveral ftates, which re{pe£ted confif<'?.tions, were, in many of the ftates, reconfi- dered or revifed — nor finally, have Britifh creditors been counte- nanced or fupported, either by the refpedlve legiflatures or by the ftate courts, in their endeavours to recover the full value of debts, contra£ied antecedently to the treaty of peace. On the contrary, in fome of the ftates, the confifcation laws have been a£led upon fince the peace, and new legiflative regulations have been eftablifhed to carry them into effect. In many of the ftated, the fubjefls of the crown, in endeavouring to obtain the reftitution of their forfeited eftates and property, upon refunding the price to the purchafers, have httn treated with indignity — menaced, expofed to perfonal danger* and, in fome inftances, imprifoned. Profecutions have^been com- menced againft his majefty's fubjeds for the part which they had tak- en in the late war. In many of the ftates, laws have adluaJly pafled, delaying the legal inveftigation of juft claims, and abridging the de- mands of Brit (h merchants. Local regulations, in refpedi to the tender of property, in difcharge of juft debts, have prevailed to fuch an extent as to amount to a prohibition of fults. Paper money, emitted by partiailar ftatca, has been made at its nominal value, le- gal tender and payment for all debts, for the recovery of which actions were commenced at the time when money of that defcripti- on was greatly depreciated. Creditors, too, in fome of the ftates, were expofed to the neccffity of taking real or perfonal property, at a valuation made by a partial, prejudiced, or interefted neighbour- hood, while, in other ftates, when the queftion of alienage has been under difcuffion, the courts of law and equity have determined, that 9 fubje£t of Great Britain, refiding within the king's dominions, at and after the declaration of independence, was not competent to acquire or hold real property within the United States. In many of the ftate courts, decifions have taken place, reducing the amount of Britiih debt«, in violation of the terms of the original contrails, and fome of thofe courts, have pofitively refufed to take cogni- zance of fuits, inftituted for the recovery of Britifh debts. Thefe fads will be more fully illuftrated under the next head of ar- rangement. II. To advert to the CQndud obferved by the individual ftates, jjjrenerally, in refped to the treaty of peace. m. Ites, til. In not n'pcaling the lawstliat cxidcd antecedently Al^pehJi* h> the pacification. During the war, the refpeftive legiflatures of the United Nn. i trt 2*f; States, pafled laws to conlifcate and fell, to fequefter, take incluiire. pofH^on of, and leafe, the eftatca of the loyalifts, and to apply the proceeds thereof, towards the redemption of certificates and bills of credit, or towards defraying the expenfes of the war — to enable debtors to pay into the ftate treafliries, or loan offices, paper money, then exceedingly depreciated, in difcharge of their debts. Under fpme of the laws, many individuals were attainted hy name, others were baniflied for ever from the country, and, if found within the Hate, declared felons^ without benefit of clergy. In fome Hates, the eilates and rights ' married women^ of widows, and of minors, and of perfons who had died within the territories poffcffed by the Britifti arms, were forfeited. Authority alfo was given to the executive department, to require petfons who ad- hered to the crown, to furrender themfelves, by a given day, and to abide their trials for high treafon ; in failure of whichf the j)atties fo required, were attainted, were fubje^l to, and fuffcred, all the pains, penalties, and for feitures awarded againil perfons attainted of high treafon^ In one ftate (New York) a power was veftcd in the courts, to prefer bills of indiftment againd ptrfons alive or dead, who had adhered to the king, or joined his "■ fleets or armies (if in full life, and generally reputed to hold or claim, or, if dead« to have held or claimed, at the time of their deceafe, real or perfonal eftate.) And upon notice or neglett to appear anu traverfe the indift- ment, or, upon trial and conviftion^ the perfons charged in the indictment, whether in full lifi: or dcceafed^ were / refpeftively declared guilty of the offences charged, and their eHatcs were f'orftited, whether in poffelfion, rt'rerfion, or reniainder. In fome of the ftates confifcated property was applied to the purpofes of public btiildings and im- Jfo.3i&3Z. provements ; in others, was appropriated as rewards to No. 33. individuals for military ■fer\Mce8 rendered during the war ; and, in one inftance, property mortgaged to a Britifh No. 34. creditor, was Kberated from the incumbrance by a fpecial aft of the legiflature, as a provifion for the reprefcnta- tives of the mortgager, who had fallen in battle. A general repeal of thefe laws, under the ftipulated exceptions, would have been a compliance with the terms of the treaty of peace. But the reltitution of the eftates, tights and properties, of real Britiih fubjefts, or of per- fons refident in diftrifts in pofleflion of his majefty's arms, and who had not borne arms againft the United States* was not provided for by any local law, or general rego* * * D d / \ y [ i8 ] \ lation, nor did any fuch law or reopulalion prevail, to fiip- port peiions of other detcrijitions in their endeavours to oLitain the reditu ion of fuch of their eftatcs, rights, anJ properties, as had been confifcated. Some of tht ftatc Icgiflatures, it is true, foon after the peace, pafTed^adls, in conf(jrmity to the treaty, to provide againfl farther confifcfitjons, and to deliver up, under certain conditions and afi'cfl'inents, fuch hinds and tenements, the property of perfoiis defcribed in cOnBi'cation laws, as had not been confifcated by proccfs of lav/. OcIrt flates have, ui cer- tain inltanccs, up« n application of the children or fjiends of attainted perfons, pafRJ laws to ruftore the owneifhip of furftitv-d cftates, uj)on tlie payment of a given price in dcpi I elated certificates, and, in others, without cxatft- i'lg any coi.lidcration for the property rellored. A^ts of pardon and oblivion are alfo to be found in the ilatute book ld, and to No. 5&6. uhich no title had been giv;:n ; and to riKafe from their No. 7. bargains, pei'fons who had mifconceivcd the modes of payment. In one Hate (Georgia) many years fiibfcqiient No. 8. to the peace, an zi\ palled to compel, under fcvere penal- tics, the difcovery of debts due to merchants and fiibjefta of the crown of Great Britain, that had been fcquefter- cd by particular regulations. Under this adl, the auditor of that ftate has publiihed a formal notice, manifefling * his determination to purfue the rigid letter of the law, and to fequefter Britifh debts, in dcfi:ince of the fulemni- ty of national engagements. In another ftr.te (Maryland) No. 9&rc. offers have been held out by legiflative authority, to per- . fons, who, within limited periods, fhould make difcovery of Britifh property, to compound for the fame, by grant- ing certain portions of fuch as fliould be difcovered : and thefe legiflative afts extended to forfeited rights and pro- perty, generally, v.ithout difcrimination or diflinftions of perfons plainly defined in the treaty ; dillinftion which the fpirit of conciliation, and the feelings of humanity, moft forcibly recommended, and which the vjip'-'iTtive flates were fully competent to eftablifli and enforce, when applied to eflates and proplrty, cither unfold at the period of thv.' peace, or for which (owing to the default of th.e purchuf- ers) no titles had been given. 2d. In refpe£l to the perfons, who, under the treaty of peace were to have free liberty to come tp any part of the United States. The permifTion in their favor was in tcnnr,, the moft general and unqualified ; and though the period, , in which perfons of one defcripti«)n were to remain in this rountrj', was reftridled, none,^ however exceptionable their j)olitical conduvhere their property was iituated, and to be rellored to the privileges of citizenflup. This virtual acquiefcence may be jultly alfumed »• A Nn-io. % Vo. II. "» X2. No. 13. N(hl4. ;. * ■* » ^ i>^. % neffid ** ^' C 23 ] itions. Briti«# fubje^a and their agents were com- AppcndUfi pened to give fccurity to pay all jull debts due from the ^^ ^' irreditors td%ny citizen of the ilate, as far as the amount of the debts to be collected, before any debtor could be compelled to make payment. Paper money emitted and made current, for a number of years, was cunllituted legal tendcrfor payment and difchar^^e of any debt, bar- No. 16. gain or faleniond, mortgage, fpecialty, or contrail, what- foever, " already made or hereater to be made," either No. 17, tS, for ^erllng moneys fdvcr money, dollars, or any fpccies of *'• % gold or filver. Inltalment laws have paffcd, reilraining, jiju. ;|o. fur a time, the commencement of fuits, and then limit- ing the modes of recovering all debts due previous to the month of February 1782, and of obligations taken finee that time for dcbis prcviouHy inclined, to three annual % payments, of one-third of the principal anJ intcreil in * each fuccefllve year. Thefe rcRridions and limitations No. %x. were afterwards extended to all debts contradled previous to the ill of January, 1787 ; and when thefe limitations, in which the Britlfh merchants moft patiently and benevo- lently acquiefced, were about to expire, a new inflalment No. ax. law was pafTed, protraAing the period of payments five years longer, and reftraining the recovery even of bonds or notes, given payable according to the inilalments prc- fcribed by the former ads, to the manner directed in th« laft inflalment law. % It is worthy of cbfervation that this latter inftalment law, pafled fubfequent to the formation of the Federal conlkitution, wliich ordains, that all treaties made, or which (hould be made, under the authority of the United States, fhould be the fupreme law of the land ; and that the judg- es in each ftate, (hould be bound thereby, and every fena- tor and reprefentative of the United States, members of the feveral (late kgiflatures, and all exe<:utive and judicial officers, both of the United States and of the feveral dates, were to be bound by oath or affirmation to fupport that conilitution. 3d. The lall point of difcuffion relates to tht decifions of Hate courts, upon queftions affefting the rights of Bri- tifli fubjcils ; in refpedt to which the difpenfations of law have, for the mod part, been as unpropitious to the fub- jeds of the crown as the legiflative ads of the different a{fe1hl:^ies tiir«>u:rhout this continent : It mull, however, be allowed that in one ftate (Maifachufetts-Bay) where great property was at Hake, junice has been liberally difpenfcd, and, hotwithibtnding a particular regulation of the ftate wan-anted the dcdudion of that portion of the intereft on Britifli debts which accrued during the war, the courts, in 4conformit\ to the plain^ierms of thg treaty, have admitted <• ' % ^. t^"? » r*- » : % I llffendlz aiifl tliVf^hd t!ie (]unntum of thcdftnandlo he rvgulatcd bt* tlic orlgin.'il contra<:"l : and *'hcrc the cofttraft bore int|klt, or the oultom of the trade jullifitdtlje charge, the full Intc- reft has been allowed to Dritifli creditors, notvvithftanding; the intervention of war. On the other hand it h to be la- mented, that in a more diftnnt ftate (Georgia) it was a re- ceived principle, inculcated by an opinion of the higheft ju- dicial authority there, thnt as no legiflattre a^ of the ilate exifted, confirming the treaty of peace with Great Britain, war Hill continued between the two countries ; a principle which may perhaps ftill continue, in that ftate, as it is out" of thofe that have not, to this moment, paid any mu- nicipal regard to the different recommendations ot con- grcla t(i tlic fevcral legillattircs, to repeal all laws inconfift- tnt with the treaty of peace. The decifujiis of the ftate ronrts hnving alTeftcd tlie claims jind perfons of Britifli fnbjef^s, a fliort view will be taken of fome of the moll important decifions, under thi I'c two heads. ill. In the profccut-on of cTalms inftitutcd by BritlHi merchants for debts confniftod previous to the war, proof of the ufage of the trade to allow intereft after t!ie expirati- <• 1 of a year on the amount of th** goods liiipped, or of the fpecific contraft between the debtor and creditor, has been uniformly eftabliHied ; the full value of the debt, to be re- covered, ought, conlequently, to have been nothing ftiort of tht debt and intereft according to the ufaj^e of the trade or to the terms of the contraft ; but imder the di- reftion of many of the courts, juries have invariably abat- ed intereft on the Britifh debts for feven yenrs and a half. Even the folemnity of obligations has not been found of fufficient force to fecure the creditor from this deduction f N0.S&3. it having been determined — ^that obligations, which on the face of the contract itfelf bore interclb, were upon na better footing, in this refpedl, than booli-debts, in which the intervention of war and the prohibitory refolves of congrcfs were deemed fufficient grounds to deftroy the ufage between the Britifti and American trader, by abat- ing the intereft for the period the war continued — and that as the debtor was deprived of the means of mak- ing payment, unlefs by a violation of a pofitive reftric- llfc tive lavy, prohibiting remittances as a means of ftrengthcn- ing the enemy, and as it would have been criminal to have remitted during the war, no man fliould fuffer for lus obe- dience to the laws, or be anfwerable for the intereft, wh'de the laws of the land reftraincd him from remitting the principal. The treaty of peace too has been considered a^ having- no efle<^ upon this queftion, it having been held, k ^ that the freaty only fecurcd thq^ mutual recovery of debts. Ntt.1. When the amount was afcertalned ; but the amonot of the App^iidit \ debb Hvat to be fettled hy the lawi of the land. ^* ' In one ftaU,, particularly, in which the ckirh of intereft No. 4* his been generally involved in the recovery of BritifK debts, that had been paid, in confequcnce oflegiflatlveafts, into the ftate treafUry, the fuperior court of the ftate detd-min- ed that the conftmdion of the treaty and the ads of the ftate, entitled .the creditor to recover the prineipid of hia debt and all Intereft thereon, which had not arilen during the war, and that as hj the intervention of war, the means of recovering Britiih debts were fufpcnded, the % claim of intereft, during the fufpenfion, was inadmifllhle. "^ It was admitted that, notwithftanding the payments into the treafury, the treaty of peace reftored the right of 8C< tion } but intereft was recoverable only from the date of the definitive treaty. ^ In one of the foutheni ftates (Virginia) where debts to a very conflderable amount arc depending, the foits that have been inftituted for their recov^'ry, have been >.ferred to the ditlrid courts of the ftate, ind (ome o^ the caafes having ftood for fevlrral yeard undtr a mere form' J continu- ance upon the recordsj nave been adjourned^ for difficulty» to the genehd court j whereiii they lOill rema u lindeci.^d, No. j end othetv, it is faid, have been actually ^.ifmifled. I he delay of juftice, operatincr equally as a denial of a'.iice* would have been effettually reformed in tha' ^3\e, by the provifions of a particular law, giving fun.mar* relief in determining difputes vvherein fubjefts df taofe countrieff which had acknowledged or ftiould hereafter recognize the independence of the United States, were parties againft the citizfils df that ftate ; but unfc^tunately for the Bri« tifti creditors, upon the conclufion of peac, it was fooil found that this fummarv relief extended to Britifti debts in eomlnon with the claims of other foreigners, whofe fo- vereigns had recognized the independence of the United States, and that fome of the judges favored the idea ; and ^°] t" fo much of the aft as pbints out and authorizes the mode df proceeding in fuits wherein fo«"i{irner8 were parties; ^s repealed, and at this moment, r v^ /iieans of recovery oe- pend folely upon limit:ttions bnd conditions created by lo- cal regulations, which are in direct oppofition to the re- commendatory refolves of ccL^;Ter8, and palpable infraftiona |^ df the fourth article of t^' treaty of peace. The few attempts lu recover Britiih debts in the coun- ty courts df that ftatr\ have univerfally failed ; and thefe * are the Courts, wherein, 5rom the fmallnefs of the fuin, a conflderable number of debts can ouly be recovered. A &rther hardfliip, under which the BritifK credltoris l&bour> is, that th^ are anfwerable and proceeded againft; ^ * .'Be **^*' ^^f^ t 26 3 AfpiuJ^i by courfe of la^ for every claim brought affalnft them i Vo.i. ^ ik K» 9> when at this moment, it is not a fettled un even the federal court, in that diftn6l, wUt joint, whether , entertain in their behalf, fuits to which that jnrifdidUon is competent, the circuit court of the United States, after very folemn argument, having adjourned the queftion. In addition to thefe obfervations, it is neceflary to men- tion, that in fome others of the fouthem Hates, there does not exift a fmgle inftance of the recovery of a Bri- tiHi debt in their courts, though fo many years have expir- ed fines: the ellablifhment of* peace between the two coun- tries. 2d. The proceedings of the ftate courts, upon points which affe^ed the perfoni of Britifh fubje^», h ve been equally repugnant to the terms of the treaty. In one ftate, fuits have been inftituted under the a£ls for grant- ing a more eiFe£)|ual relief in cafes of certain trefpafTcs, for the recovery of damages refulting from the occupancy of eilates, held in diftridls in the poffefiion of his ma- jefty's arms, by virtue of licenfe and permifHon from the commanders in chief; and though the licenfe and per- miflion were pleaded, and it was ftated upon the record, that after the declaration of independence by congrefs, there was open war between the two countries, that tbe place where the eiiates were fituate, continued in the un- interrupted pofTeffion of the royal army during the whole period they were occupied under fuch licenfe and permif- fion, and as long as the fame remained in force— that by the treaty of peace, the claim which the fubje£b or citizens of either of the contracting parties, had to re- compenfe or retribution for injuries done to each other, in confequence of, or relating to, the war, were mutu- ally relinquiHied and releafed ; that the parties, againft whom the fuits were inftituted, were i'ubjcdls of the crownj refiding in a diftri6l occupied by the royal army, where the eftate in queftion was fituate, under the prote^ion of the king, then at war with this country. Thefe pleas wSit over-ruled by the court, as infuificient, and da- mages have been awarded againft the parties for the tln)e the eilates were fo ocaipied by them, to the great injury of numbei-% who had, aiiring the war, a<5lually paid a competent rent for the property they occupied under the authority of the commander in chief. ^ In another ftate, an indidmenthas lately been preferreil againft a fubjeC^ of the crown, for the murder of a citi- zen of the United States, found, under fufpicious clrcum- ftances, wkhin the royal L'nes. Though the gprandjury did nut find the bill of indid^ment againft the party, as. the fads alleged were not fufficiently proved, they poft- «^.' ** m ts or n of ileas da. the rcat )aicl [the . * * titi- im- iiy as. C a? J pon.ed a farther enquiry to a future time, to give the profecutor an opportunity of producing farther teftimony, in which the court ac- qUiefced, and refufed to difcharge the prifoner, obfervingf when th^ counfel moved'^for his difcharge, that the conimifllon for holding the court of oyer and terminer did not expire for fome months, and the court would again lit before the period expired. The prifoner was, however, admitted to bail, upon his own recognizance in £» 500, and twofureties in £. 250 each ; but as his friends doubted the'dif- pofition of the court to determine according to the terms of the trea- ty, they thought it more prudent to fuffer the forfeiture of the re- cognizances, than to put his life again into jeopardy. In that ftate alio, adions of treipafs have been inilituted, for tafi^ ing and driving o£f cattle during the war, converting indictable of- fences into civil fuits, with a view of eluding the ftipulations of the treaty ; but with what fuccefs, has not been afcertaiiied. Upon this lail head of arrangement, it is only neceflary farther to obferve, that the profecutions, in the cafes fpecified, are all dire& afid pofitive violations of the 6th article of the treaty of peace. From the foregoing detail, it is evident, that the recommendations of congrefs to the refpedive ftate legislatures, have, in fome of the ftates, been totally difregarded, and in none have produced that com- plete and extenfive cfFedt, which Great Britain, from the ftipulations of the treaty, was perfe^iy juftifiable in expedting and requiring ; •that fince the peace, many of the ftates have palfed laws in dircft contravention of the definitive treaty, and effentially injurious to the eftates, rights and properties of Britifli fubjedls, in whofe favor pre- cife diftin^tiona were clearly defined and exprefled in the treaty — ^That although fome of the ftates may have repealed their exceptionable .law9, partially or generally, yet, in a majority of the ftates, they ftill exift in full force and validity — and that in fome of the ftate courts, adlions have been commenced and profecuted with fuccefs againft in- dividuals, for the part they had taken in the war; which adtions were, in their origin, pofitive contraventions of the 6th article of the treaty, and in their confequences, materially detrimental to the rights and property of many fubjeds of the crown of Great Britain. In confequence of the violation of the treaty in thefe par- ticulars, great numbers of his majefty*s fubje^ls have been reduced to a ftate of penury and diftrefs, and the nation of Great Britain hat been involved in the payment to them, of no lefs a fum than four millions ftcrling, as a partial compcnfation for tlie loflfes they had fuf- tained. It is further manifeft, that the ftipulation in the 4th article (^ tW treaty, whici. provides for the recovery of the debts due to the fuo- je£ls of the two countries rcfpc<5livtly, has been not oply evaded in many of the ftates, but that municipal regulations have been eftab^ KHTcd in them, in a''owed contravention of it — And that, in many iaftances, the means and profpe£i of obtaining redrefs, are nearly as ^ remote as ever ; fince in one ftate, in which a fum far exceeding one trillion fterling, is ftill due to Britifh creditors, the fupremc fcdilvl ■4. court biu thought proper to fufpend, for many monthsi the final judgment on an a£lion of debt brought by a Britiih creditor } ana iince, in the fame ftate, the county courts (which alpne can take pognizance of debts of a limited amount) have uniformly reje£led all fuits inftituted for the recovery of fums due to the fubje^s of the crown of Great Britain. The delay which has arifen in the adminiftration of juftice, ha^^ with equal propriety, been ftated as equivalent to an infiradion of the treaty : fori by the effe^^ of that delay, many defcriptipns of his ma- jefty*s fubjei£ls have been expofed, not only to material inqonvenience, iput, in various cafes, to the ruin and abfolute lofs of their property. The qondii^ of Great Britain, in all thefe refpefts, has been widely differeiit from that which has been obferved by the United States. In the former country, the legiflature has never harboured the intention of ena£^in£r regulations which might invalidate a national compadl, or .aiffeft the fapred tenor of engagements contracted between individuals. And in the courts of law» the citizens of the United States have expe- rience^, without exceptjuii, the fame protection and impartial diflribu- tion of juftice, as the fubjeCla of the crown. Examples can be adduced of judgment having been giveii m favor of American creditors, to anions of debt brought even <\gainft loyalifts, the whole of whofe pro« perty had been feized by legiflative a^s of the ftates in which it was fituated, and apprgpriated, in the firfl inftance, to the liquidation of the very defcription of debts for which thefe fuits were commenced againil theni in England. Such is the nature of the Ipecific fa£%s which the king, my mafter« has confidered as infraCllons of the treaty on the part of the United States, and, in confequence of which, his majefty has deemed it expe- dient to fufpend the fnll execution, on his part, of the 7th article of that treaty. Or\ this head alio, it is neccflary to premife the following cvidetii dtftiuclion: That the king has contented himf If with a mere furpenlion of that article ( f the treaty ; whereas the Uni ed States have not ooly witulicld from lubjcdts of the crown, that redrefs to which they were entitled, undtr the terms of the treaty, but alfo, many of the Hates have, fubiequc!il to ihe peace, pafied new legiflative regu- lations, in violation of the treaty, and impofing additional hardfliips on inc^ividuals, whoni the national faith of the United States was pledged, vnder precife aiid folemn ftipulations, to infurc and protedl from future "ij"y. On the grounds, therefore, of the irreparable injury which many cdaHes of his fubjedis have fuilained, and of the heavy expcnfe to whicn the Britifli nation has been fubjeCted by the non>performance of their engi'gx'ments, on the part of the United States, the meafure that the king has adopted ^of delaying his compliance with the 7th article of th<. leaty) is perfeftly juftifiable. Neverthelefs, his majefty's fincere dcilrj to remove every occafion of noifunderilanding, has induced hina to (lireCl me to cxprefs his readlnefs to enter into a negociation with reir-'Ci to thofe aiticles of tiie treaty, which have not been executed by tlwi^twp countries refpeClively, and to confent to fueh arrangement^ kam of ?ere nm Itcd t *9 3 * upon the fubjeA, as, after due examination, may now be found to be pf mutual convenience, and npt incopfiftent with the juft claims {md rights of bU fttbjefts. I have the honor tq be. With fincere refpeft and efteem. Your moft obMient, And mt it humble fervant, GEO. HAMMOND. APPENDIX A, No. I. A£i of New Hamp(hire, to confifcate estates of Hindry per* fons therein named — pafled JiTovimber a8, 1778. 2. A&. of MaiTachufettS'Bay, to prevent the return of certain per* fons therein named, and others who had left that ((ate or either of th^ United States, and joined the enemies thereof — ^pafled in 1778. 3. A&. of Maifachufetts-Bay, to confifcate the eftates of certain no* torious confpirators againft the government and liberties of the inha* bitants of the late province, now ftate, of Maflachufctts-Bay— -paflfed in 1779. 4. A&. of Rhode Ifland, to confifcate and fequefter eftates, and banifh perli>ns of certain defcriptions — ^pafled Od^ober 1775 — Febru* ary, March, May, June, July, Auguft, Odober, 1 776. — Febniary and OAober, 1778. — February, May, Auguft, September, OAober, 1779. — July, September, Oflober, 1780. — ^January, May, 1781. — June, October, November, 1782. — February, May, June, Odober, '783- 5. A€t of Connecticut, direCling certain confifcated eftates to be fold-— Connecticut laws, fol. 56. 6. A&. of New York for the forfeiture and fales of the eftates of perfons who have adhered to the enemies of the ftate — ^pafled 22 Oc- tober, 1779. 7. A^ of New York for the immediate fale of part of the confif- cated eftates — ^pafled March 10, 1780. 8. Aft. of New York approving the aft of congrefs relative to the finances of the United States and making provifion for redeeming that ftate's proportion of bills of credit to be emitted — ^pafled 15 June, 1780. 9. Aft of New York to procure a fum in fpecic for the purpofe of redeeming a portion of the biUs emitted, &c. — ^pafTed 7 Oftober, 1780. 10. Aft of New Jerfey to punifli traitors and difaffefted perfons— pafled 4 Oftober, 1776. 1 1 . Aft of New Jerfey for taking charge of and leafing the real eftates, and for forfeiting perfonal eftates of certain fugitives and offenders — pafled April 18, 1778. 1 2. Aft of New Jerfey for forfeiting to, and vefting in, the ftate, the real eftates of certain fugitives and offenden-— paffcd 1 1 Decepiber, 1778. ■ri C 30 1 * 13. AA of New Jerfey, fupplemental to the z£i (No. 10) to punifli traitors and difaffedled perfoos — -pafled 0£tober 3, 1782. 14. Aft of Pennfylvani'a for the attainder of divers traitors, and for veiling their eftates in the commonwealth, if they render not them, felves by a certain day— 6 March, 1 77?. 15. Ad of Delaware, declaring eftates of certain perfons forfeited, and themfelves incapable of being eledled to any office— paffed 5 Fe- bruary, 1778. 16. A^ of Mary'land for calling out of circulation the quota of the ftate, of the bills of credit iflued by con^refs — O£lober, 1780. By the nth fedion of this a£l peribns indebted to creditors, who had not become Ijibj^fls and relddents of the flate, or had an agent conftantly refidiiig within the ftate, were, under certaiii regulations, authorized t^o pay thefe debts' into the treafury in cert|un Species of de- preciated paper tnoiuey, and the treafurer's receipt was declared good evideoice, in law and equity, of the payment of fuch debt. 1 7. A61 of Maryland to feize, confilqite and apprc^riate all Britifh property v^ithin the Hate — ^pafled October, 1780. 18. A^ of Maryland to appoint commilfibners to pr^erve confif- cated Britifli property — ^pafled October, 1780. 19. Ad of Maryland to procure a loan, and for the (ale of efcheat lands and the coofifcated ]Priti(h property therein mentioaed-^pafled 0£tober, 1780. 20. Ad of Virginia for fequeftering Britifli property, enabling thofe indebted to Britifli fubjeds to pay off fuch debts, icc.-^pafled Odober, 1777. 21. Ad of Virginia, concerning efcheats and forfeitures from ]^ri- tilh fubjeds — May, 1779. 22. Ad of Virginia, to amend the ad concerning escheats, &c.. — pafled May, 1779. ,23. Ad of Virginia to amend th^ ad (Concerning ^ch^ts.and for- feitures — ^pafled Odober, 1779. 24. Ad of Virginia to adjuft and regulate pay and account of ofilcei's of Virginia line — ^pafled November, 17^1. 25. Ad of Virginia for providing more effcdual funds for .redemp- tion of certificates — pafled May, 1782. 26. Ad of North Carolina, for confifcatlng the property of all fuch perfons as are inimical to the United States, &c.— >-pafled No- vember^ 1 7 7.7 • 27. Ad of North Carolina to carry into efled the UH mentioned ad — ^pafled January, 1779. 28. Ad of South Carolina, for difpofing of certain eftates and banifhing certain perfons therein mentioned — -pafled 26 ]^ebruar}'t 1782. 29. Ad of South Carolina to amend the laft mciUioned ad — paiTed 16 March, 1783. 30. Ad of Georgia for infliding penalties on, and confifcating ths eftates of, fuch perfons as are therein declared guilty of treafbn, and jfor other purpoles therein mentioned — ^pafled Mry 4, 1782. «!-: C 31 3 31. A&. of South Carolina to veft 180 acres 0/ landf late prO' perty of James Holmes, in certain perfons in trufl for the benefit of a public fchool — ^pafled 15 Auguft, 1783. 32. A€t of Virginia for removal of feat of government — ^pafled May felfion, 1779, fee No. 21. 33. A&. of New Jerfey to appropriate a certain forfeited cftate— pafled 23 December, 1783. 34. A£t of Maiyland for the benefit of the children of major An« drew Leitch — 15 June, 1782. APPENDIX B. No. I. AS. of Maflachufctts in addition to an ad made and paiTed the prefent year (1784) entitled. An Ad for repealing two laws of this ftate-opaffed 10 November, 1784, fee Appendix C, No. 2. 2. Ad of North Carolina to fecure and quiet in their poflfeflions all fuch as have or may purchafe lands, goods, &c. fold or hereafter to be fold by the commiffioncrs of forfeited eftates — ^pafled Decem- ber 29, 1785. 3. Ad of North Carolina direding the fale of confifcated pro- perty — ^pafled Odober feflion, 1 784. 4. Ad of Georgia to authorife the auditor to liquidate the de- mands of fuch perfons as have claims againft the confifcated eitates— palfed 22 February, 1785. 5. Ordinance of South Carolina for amending and explaining tho confifcation ad — pafled 26 March, 1784. 6. Ad of South Carolina to amend the confifcation ad, and for other purpofes therein mentioned — ^pafled March 22, 1786. 7. Ad of Georgia releafing certain perfons from their bargains, &c.-^paired 29 Jmy, 1783. 8. Ad of Georgia to compel the fettlement of public accounts, for infliding penalties, and for veiling the auditor with certain pow- ers — ^pafled 10 February, 1787. ' 9. Ad of Maryland to veft certain powers in the governor and council, fee. 3d — ^paffed November feflion, 1785. 10. Ad of Maryland to empower governor and council to com- pound with the difcoverers of Briti(h property and for other purpofes — ^palled November feflion, 1788. A P P E N D I X C. See Ads of Confifcation, Banifhment, &c. referred to in appendix A. No. I to 30 inclufive. No. I. Ad of North Carolina of pardon and oblivion— ^)afled April fcflloo, 1788. I . ••» 4 .* C 3» 3 t, A&. of Maflachufetti Bay, for repealing tv^ laws of the (iati; lind for i'iTertine the rig^t of that firee and fov^reign communwealth to exp^l fuch aliens as hiay be djingerous to the peAce and good order ofgovemmert — ^pafled 34 March, 1784. 3. A£)t of Georgia foi* kfcertaihing the rights of aliens, and pointing out a mode for the admiffidii of citizens — ^paifed 7 Feb- rukly, 178;. 4. Aft of New York to preferve the freedom and iddependence of the ftate, and for other purpufes therein mefitioned— pafled i i May, 5. Aft of Virginia prohibiting the migration of certain perfons to that commonwealth, and for other pufpofes therein mentioned— paifed Oftuber feffion, 1783. 6. Aft of Virginia to explain, afiiend and rediice int(^ ofte aft the '(everal afts for the admiflion of emigrants to the rights of' citizenfhipl and prohibiting the migration of certain pefions to that comlnbnwealth — ^pafied Oftober feflion, 1786. 74 Aft of North Carolina to defcribe and af<5ertain fuch perfons tto owed alleffiance to the ftate, and to impofe certain difqualificati- x>ns on certam perfons therein named— pafled Oftober feflion. 1 784: 8. Aft of North Carolina to tf mend the laft meiltioaed aft^ — ^paflie^ November feffion, 1785. 9. Aft Of South Carolina reftoring t6 certsiifi perfons their eftateii and for permitting the iaid perfontf to return, and for other purpofes-^ 36 March, 1784. to. See appendijt A, Ko. s8. By aft of 26th F^bruar}'-^ 1782, penalties of confifcation and banlfliment were inflifted on certain per- ibiis defcribed in lifts i, 2, 3, 4, 5, and, though it appears by the foregoing aft, that the perfons named in lifts No. i, i, 3, wenf reftored to their eftates tinder certain aftHfrnents aiid lifnitatlond, and permitted to rMum and refide in the ftate dbder certain difqualifi- eations, the pendtieS of the aft o( 26th February, 1782, ftill |>re- vail againft thofe perfons mentioned in the lifts No. 4 and 5, who' are liable to fuffcr death, if they return to the ftate after being fent out of it. « ' II. Aft of Rhode Ifland to fend out of the ftate, N. Spink and Jn®. Underwood, who had formerly joined the enemy aud were re- turned into Rhode Ifland — ^pafled May 27, 1783. 1 2. Aft of Rhode Ifland to fend William Young, theretofore ba- niflied, out of the ftate, and forbidden to fetum at his peril— pafled- 8 June, 178.!^. 1 3. Aft of Rhode Ifland, allowing William Brenton, late an ab- fentee, to vifit his family for one week, then fent away not to return — ^pafled June 1 2, 1783. 14. Aft of Rhode Ifland to banifti S. Knowles (whofe eftatc had been forfeited) on pain of death if he return— ■pafl':d Oftober, 1783. 15. Aft of Pcnnfylvania, to attaint Harry GoHon, unlcTs he fur- render himfelf by a given day (24 July, 1783) an*? the feizure of C 35 ] his eftates by the agents of forfeited eftates coufirmed— pafled 52 January) 1783. Thit ad| pafled after the proviiional diciary decifions which were clafled with thofe ads, as in* fractions of the treaty of peace. To thefe caufcs of delay jnay be added, the daily duties of my office, necefTarily multiplied during the fefllons of the legiflature. Scdion I. I can afTure you with truth, that we meet you on this occafion, with the flncereft difpofitions to re* move from between the two countries, thofe obilacles to a cordial friendfliip, which have arifcn from an inexccu- tion of fome articles of the treaty of peace. The defirc entertained by this country, to be on the befl terms with yours, has been conflant, and has manifcflcd itfelf tltrough its different forms of adminiilration, by repeated overtures to enter into fuch explanations and arrangements, as fhould be right and neceffary, to brine about a complete execu- tion of the treaty. The fame difpofitions lead us to wi(h, that the occafion now prefented, fhould not be defeated by ufelefs recapitulations of what had taken place anterior to that inilrument. It was with concern, therefore, I ob- fcrved that you had thought it neceffary to go back to Proeeed- thc very commencement of the war, and in Icveral parts i"R' V^°' of your letter, to enumerate and comment on all the a£ts *° *"**▼• «f our different legiflatures, pafTcd during the whole courfe of it, in order to deduce, from thence, imputations which your juflice would have fuppreffed, had the whole tnith been prefented to your view, inflead of particular traits, detached from the ground on which they flood. However eafy it would be to juflify our country, by bringing into view, the whole ground, on bioth fides, to fhow that legUla- C 38 3 rroceedinp tive warfare began with thf Britilh parliament, that whet Swit *" *^^ leTclled at perfons or property, it was againft entire towns or countriei, without difcrimination of caufc or con- du^, while we touched indtviduali only; naming them man by man, after due confideration of each cafe, and careful attention not to confound the innocent with the guilty ; however advantageoufly we might compare the diftant and tranquil fituation of their legtflatiire, with the fccnes in the midft of which ourt were obliged to legiflate, and might then alk, whether the difference of circumftance and fituation would not have juftihed a contrary difference of condu£^, and whether the wonder ouffht to be, that our legiflaturcB had done fo much, or fo little ? We will wave all this, bccaufe it would lead to recoUefkions, a^ unprofitable as unconciliating. The titles of fome of your ads, and a fingle claufe of one of them only, (hall be thrown among the documents at the end of this letter No. 1, 2. (No. I, ^.) and with this, we will ifop, forever, the cur- tain on this tragedy I Se6l. 2. We now come together to confider that inftni- ment which was to heal our wounds, and begin a new chapter in our hiftory. The ftate in which that found things, is to be confidered as rightful : fo fays the law of nations.* " L'Etat ou les chofes fe trouvent au moment da traitd doit paffer pour legitime { et fi I'on vent y apporter du changement il faut que le traits en faffe une mention exprefle. Par confequent toutes les chofes dont le traits ne dit rien, doivent demeurer dans I'etat oiH elles fe trouvent lors de fa conclufion." Vattel, 1, 4. f. ai. " Pe quibiis nihil di6him, ea manent quo funt loco." Wolf, 1222. No alterations then are to be claimed on either fide, but thofe which the treaty has provided. The moment too, to which it refers, as a nile of condu£l for this country at large, was the moment of its notification to the coimtry at large.f Vattel, 1. 4. f. 24. ** Le trait^ de paix oblige les partUs contraSantes du moment quMl eft conclu auflit6t • " The Jlate in which things are found at the moment of the treaty y Jhould be confidehd at lawful^ and if it it meant to make any change in it, the treaty muji exprefsly mention it, Confequently all things cAout vt^ch the treaty is JiUnt, mtt/l remain in the flate in which they are found at its conciafion.** Vattel, 1. 4f. 21. " Tho/e things of which nothing is fdid% remain in thejiate. iu which they are.^* Wolf, 1222. \ Vattel, 1. 4. f. 24. " The treaty of peace hinds the contra£ling parties from the moment it it concluded^ as foon as it has reuived its iffhole fahnt and they ought immediately t 39 ] qu'il « rcfu toute f^ formr; ct cUci doivcnt procurer Pmceedinii inccflammrnt I'exccuton-— uiiimce irtilc n'oblige Id fujhi P'*"*"** que du moment qu*il Iciir eft notifi^"— «nd te^. 15: ** Lc ^^^ ^' inM dcvicnt par la fuhhtatiomt une loi pour let fui^ ct ili font obliges de fe conformer deforroaM aux dtfpofltiont dont on y eft convenu." — And another author u pointedly fayst ** Pa£iio pacit /«rf/?tffi/M ftaiim obligatqiumprimum perfeBat cum ex pa<:^o veniat obli|^io. bubditot vero ct militM, quam pnmum iifdem fnent pMitata t cum de ei aalepaitHatiomm^Jucertocoi^twtnonMjitt** Wolf»f. laap. It waa ftipubted, indeed» b} the IXth article, that " if before its arrival in America," any place or territory be- loDginff to either party (hould be cooqurred by the anna of the other, it fliould be reftored. Thit wa» the only cafe in which tran(a£liona intervening between the fignature and publication were to be nullified. Congrefs, on the 24th of March, 1783, received infor- mal intelligence from the Marquis de la Fayette, that pro> vifional articles were concluded; and on the fame day, they received a copy of the articles, in a letter of March 19th, from General Carleton and Admiral Digby. They g^nmnJt immediately gave orders for recalling all arme4 veftels, and "' ^' communicated the orders to thofe ofiicers, who anfwered, on the a6th and 27th, that they were not authorized to I^ocunMnt concur in the recal of armed veflels, on their part. On **' ** ^' the nth of April, congrefs receive an official copy of Journal thefe articles from Dr. Franklin, with notice that a preli- <»»('«*'• minary treaty was now figned between France, Spain, and England. The event having now taken place on whictt the provifional articles were to come into effefk, on tb« ufual footing of preliminaries, congrefs immediately pro- claim them, and on the 19th of April, a ceffation of ho- ftilities is publiflied by the commander in chief. Thefc particulars place allays preceding the i ith of April, out of the prcfent difcuffion, and confine it to the treaty itfelf, and the circumftances attending its execution. I have, therefore, taken the liberty of extracting from your lift of American a£ks, all thofe preceding that epoch, and of /o have it executed,~—But ib'u treaty does not bind the fubjc£%s, but from the moment it is notyied to them." jlnd^ fe6l. z^. " The treaty becomes t by its publication, a latu for the fnb^ jflfs, and they are obRgedf thenceforward, to conform them- felves to the fiipulations therein agreed on.** *' The fusion of the peace binds the contra^ors immedi- atefy as it is perfect, ^nce the obligation is derived from the paQ ; but the fubjeds and foldiers as foon as it is publiihed to them} fince they cannot have certain evidenc:: uf it before its publication.'' Wolf, f, 1229^ I Ai> i Exile and Confifca- Uon. Rightful Ifa 6. thf^wing them together in the paper, No. 6, as thin^ out of queftion. The fubfequent adts (hall be diltributed, ac- cbrding t6 their feveral fubjedls of I. Exile and Conhfca- tion. II. Debts, and III. Intereft on thofe debts. Be* ginning I. with thufc of exile and cdniifcation, which will be confidered together, becaufe blended together in moil of the a6ts, and blended alfo in the fame article ot the treaty. Se^. 3. It cannot be denied that the ftate of war ilriflly adEiof war. permits a nation to fcize the property of its enemies found within its own limits, or taken in war, and in whatever form it e](iU?, whether in a£lion or poflefllon. This is fo perfpictioufly laid down by one of the mod refpe^able writers on fubjefls of this kind, that I Aiall ufe his words. ** * Cum ea fit belli conditio, ut hoiles fint omni jure fpoliati, rationis eft, quafcunque res hoilium, apud hoftes iiiventas dominum mutare, et fifco cederc. Solct practerea in fingulis fere belli indiflionibus conftitui, ut bona hollium, tam a^ud not reperiUy quam capta belto publicentur. Si merum jus belli fequamur, ctiam humobHia pofient vendi, et eorum pretium in fifcunl rcdigi, ut in mobilibus obcinet. Scd in omni fere Europa fola fit annotatio, ut eorum fruflus, durante bello, percipiat fifcus, finito autem bello* ipfa immobilia ex pa6ti& reftituuntur priltinis dominis." Byn> kerfh. Ouell. Jur. Pub. 1 I. c. 7. Every nation, indfcedj would wiih to purfuc the latter practice, if under cifcum- itances leaving them their ufual refources. But the cir- cumllances of our war were, without exampT.e, cxclnded iVum all commerce, even with neutral nations ; without arms, money, or the means of getting them abroad, we were obliged to avail ourfelvcs of fuch refuurces as we found at home. Great Britain too, did not conlider it as ail ordinary war, but a rebellion ; (he did not condudl it according to the rules of war, eilablifhed by the law of nations, but according to her ads of parliament, made * " Since it if a condition of war, that enemies ttiay bt de- prived of all their rights ^ it is reafonable that every thing of an enemy's found among his enemies ^ fhould change its owner ^ ami go to the treafury. It is n oreover ufually direcled^ in all decU- nitions of ivar^ that the goods of enemies ^ as well thofe found among U3, as thofe taken in war^ Jball he conftfcatedt if lue follow the mere right of war^ even immoveable /ro^r/y may he fold., and its price carried into the treafury, as is the cujlom with moveable property. But in almofl all Europe^ it is only notified that their pri.jts., during the war^ fhall be received by thj treafury f and the war being ended^ the immoveable property itfelf is njloredy by agreement^ to the former ctLHer." Bynk. Quell. Jur. pub. 1. I. c. 7. fro adr rea C 4« ] from lime to time, to fuit circumftances. She wowld not Exile and admit our title even to the JiriS rights of ordinary war. Siu- [jon*^**^^** cannot then claim from us its liberalitlet ; yet the confifcj< . tions of property* were- by no means univerfal, and that of actjotwar debts dill lefs fo. What efftd was to be produced on them by the treaty, will be feen by the words of the Vth article, which are as follows. SeA. 4. Article Vth. It is agreed, tliat the congrcfs fliall earnettly recommend it to the Icgidatures of the refpcdtivr dates, to provide for the rediiution uF all citates, rights and properties, which have b^en confilcated, belonging to real Britiih fubjedts, and alfo, of the ellatcs, rights, and properties of perfons refident in dillrids in the poflcfliDn of his majedy's arms, and who have not borne arms againit the faid United States ; and that {Jcrfons of any other do- fcription fliall have free liberty to go to any part or parta of any of the thirteen United States, and therein to re- main twelve months, unmolcded in their endeavours to ob- tain the rcditution of fuch of their edates, rights, and properties as may have been confifcated : and that congrefa fliall alfo earncdiy recommend to the fevcral dates, a recon- ftderation and reviiiun of all a£lsor laws regarding the pr#- mifes, fo as to render the faid laws or acls perfectly confid- ent, not only with judice and equity, but witli that fpirit of conciliation, which, on the return of the bleflings of peace, fliould univerfally prevail : and that congrefs iliall 4lfo earnedly recommend to the feve.a) dates, th>U the edates, rights, atid properties of fuch lad mentioned per-< fons fliall be rcdored to them, they refunding to any per- fons who may be now in pofleflion, the bona tide price (where any has been given) which fuch perfons may have paid on purchafing any of the faid landb, rights, or pro- perties, fince the confifcation. And it is agreed, that all perfons who have any intered in confifcated l:in(ls, cither by debts(, marriage fettlements, or otherwife, fliall meet with no lawful impediment in the profecation of their jutb rights. " Article V.Ith. That there fliall be no future confiC- cations made.** Scft. 5. Obfcrve that in every other article, the parties agree exprefsly, that fuch and fuch thingi^ Jhal/ be Jone. In this they only agree to recommend that they fliall he done. You are pleafed to fay (pajije 15) '* It cannot be prefumed, that the conimiflioners who negociated the treaty of peace, would engage, in behalf of cungrefs, to make recommendattom to the legiflaturcs of tlie refpectivc dates, which they did not expctl to be effectual, or enter into direol dlpulatiom, which they had not the power to en- force." On the contrary, we may fairlv prelume, tfiat if rccomfhcn*' ilarory by iXijrt-is C 42 J Fxili'and C'ontiica- tion r' ■ exvircfi tv«xd». r. by Senf- of nc- 3ociator!>. fley had ihc power to enforce^ they uo'iltl not merely h; .vi* tecoirvii-ndeiL \^'^htn in cveiy other article, they agree ex • preJ^.ly /) do, why in this, do they change the Uyle fuddenly and agree only to recommend ? — becaufe the things here piop(.kd to he done, were retrofpedtivc in their nature, v/.)u!d tear up the laws of the feveral Uates, and the con- tracts and iranlatStions private and pubh'c, which had taken place under them ; and retrofpedljve laws were forbidden by the ccnftituticns of feveral of the ftates. Between perfons whofe native language is that of this treaty, it is unnecpfiary to explain the difference between enaH'tug a thing to be done, and rtcornmendiiig it to be done ; the words themfclves being as well underilood, as any by which they could be explained. But it may not be unneccflary to obftrve that recommendationt to the people, inllcad ot lazusy had been introduced among us, and were rendered familiar in the interval between difcon' inning the old, and cftablifhing the new governments. The conventions and coirniittees who then affembled, to guide the conduft of th^ people, having no authority to oblige them by lav., took up the pra^ice of (imply recommending meafurcs to them. Thcfc recommendations they cither complied with, or not, .It their pleufure. If they refufed, there was com- plaint, but no cnmpulfion. So, after organizing the go- vernments, if, at any time, it became expedient, that a thing fliould he done, which congrefs, or any other of the organized bodies were not authorized to ordain, they fim- ply recommended and left to the people, or their legifla- tures, to comply, or not, as they plcafed. It was impol- fible that the iicgociators on either fide Ihould have been ignorant of tlu- difference between agreeing to do a thinj/, and Jij^reeing only to rfconmcnd it to be done. The import of the terms is fo different, that no deception or furpri/c couid be fuppoicd, even if 'tliere were no cviden«-e that the difference w vs attended lo, explained and undcrllood. Sfd>. 6. But the evidence on this occallon removes all qneflion. It is well known, that the Britifii court had it ex- tremely at h».art, to procure a reffituiion of the edates vs tKe r..ri;ge'w's who had gune over to th'-'ir fule : that the ^ prnpcfed it in tin- fird conferences, and infilled t»n it to tli. Kill j rliat our coinmiilioner?, on the other hand, refufed i; frc^'n ftvli to 1 111, ur.'ing, ill, Th;»t it was unveafonahlo t > rtllcjte the i-tinliieated property of th.; refiigees, ur.lefs tiuy would rtimbiufe the deilru^tion ■ f the property of oui citizens, committed on their part ; and 2dly, That it w? beyond the powers oP t!ie comnrHrion'is to ilipuKtte or "; riiUgrefs t;j enforce. On this point, tli- treaty hung Ion;; It w:is liic nil.ject of a fpec'al mllfion, of a confidential agwHt of the B.itiHi n.gvciatoi- from PiuU to lender V C 43 ] was ftin infilled on, on his return, and (lill proteftcd Kxile ani atjaind, uy our comniiflloners : and when ihey were urged \-»U"^c;> to agree only, that congrefs Ihould recommend to the (late ''"" Icgiflatures to rcllore the eilatcs, &c. of the refugees, they •'^♦■'V'^"^ "•' were exprefsly told that the Icgiflatures would not regard the recommendation. In proof of this, I fubjolu cxlta^.s w, , « q from the letters and journals of Mr. Adams a>id Dr. lo, ir'. n* Franklin, two of oui cumnuflloiiers, the origiaala of wliich are among the records of the department of itate, and (hall be open to you for a verification of the copies. Tlicie prove, beyond all queltiun, that the difference between an ixprefi agreement to do a thing and to recommend it to be done, was well undcrltood by both partiea, and that !he Britifli ncgoclators u'crc put on their guard by tluife on our part, not only, that the Icgiflatures would be fi»;e to refufe, but that they prcbably would refufe. And it is evident, from all tircumfliunces, that Mr. Ofwald acnpted the recommendal'ton merely to have fomething to opp^^le la the clamouns of the refugees, to keep alivt; a hope iu iiirii: , that they might yet get their property from the Hate Lgil- latures; and that, if they fljould fail in this, they would have ground to demand indemnification from their own government; and he might think it a tircumltance of pre- feiit relief, at lea!l, that the qiicilion of indemnification by thtm fliould be kept out of light, till titne and events ihould open it upon the nation infenALly. Sect. 7. The fame was pcrfcflly underllood by the Bil- StniV of mk ti(h minilliy, and by th.' mct»ibers of both hoiiieo oi par- '"'i*;''- liament, as well thofe who advjcatcd as ihof^; who oppof- ed the treaty ; the latter of whom being out of t'ic fe- rrets of the negociatioii, mull h;'.ve fornicd their judgments on the meic import of the terms. That all parli«;t cun- cunvd in this exjuifition, will appear by the lullowiag ex- tracts from the Parliamentary Regiiler; a v.ork, \\iiit;h, without pretending to give what li fpoken, with vcrbd accuracy, mav yet be relied on, we prefum;^ for tht, gc- fteral reafoning and iM>iijIoa of 'Jic fpcakeis. IIovfsE OP Commons. The preliminary urucle^ under ccniulcration : 1783, Senrcot February 1 7th. Mr. Thomas I'itt.— ♦' Tiut the interelts ravliuiucm. of the fincere loyalifts were as dear to him as to any man; but that ho could never tli-nk it would have bee;i nromot- cd by carrying on that uiifoitunate war wiiich parliament had in faA fulp«rnded before the beginning of the treaty ; that it wai impoflible, after the part congrefs was plealcd to take in it, to conceive that tluir rromm'tulut'ion would not have its proper influence on the difieiont legiflaturcs ; •uUat he did iijt hliafclf fee what more cuuld have bccu C 44 1 F.xiL' and Cciififca- tioii. Sinfc of (j ly believed, had obtained the beft terms they poifibly could for them." lb. 236. Mr. Secretary Townfliend. — " He was ready to admit, that many of the loyalifts had the ftrongeft claims upon this country { and he trufted (hould the recommendation of congrefs to the American ftates prove unfuccefsful, which he flattered himfelf would not be the cafe, this country would feel itfelf bound in honor to make thefti full com- penfation for their lofles." lb. 262. House of Lords, February 17th, 1 783. Lord Siiclburnc, — " A part muft be wounded, that the whole of the empire may not perifh. If better terms could be had, think you, my Lords, that I would not have em- braced them ? You all know my creed. You all know my ftcadincfs. If it were poflible to put afide the bitter cup, the advi rfities of this country preftfnted to me, you know |[ would have done it : but you called for peace. 1 had but the alternative, cither tu accept the terms, faid ^ "/?)grcf8, of our recommeudaiion to the ftates, in favor of the colonifts, or continue the war. It is in our power to do nn more than recommend. Is tli'.'ve any man who hears me, who will liar) his hand on his heart, and ftep forward md fay, 1 ou[;hl to liavc broken ()1F the treaty ? If there be, I am fare he neither knows the ftate of the country, nor yet has he paid any attention to the wifties of it: but lay the worft — and that after all, this cftimable fet of mc!i arc not received and cherifhed in the bofom of their own country. Is England fo loft to gratitude, and all the feelings of humanity, as not to afford them an afylum ? —Who can be fo bafe as to think ftie will rcfufe it to liiem ? Surely it cannot be that noble minded man who would plunge his country again knee-deep in blood, and faddle it with an expenfe of twenty millions, for the pur- pofe of reftoring tl^fm. Without one drop «jf blood fpilii and witiiuut one fifth of the vxpj'nfe of one year's ram- paigu; h.ippincfb and cafe can be given to the loyalifts in ■* C 47 1 which fiich perfons may have paidj on purchafin^ any of the faid lancfsi rights, or properties, fince the confircation. " Ordered, That a copy of the proclamation of this date, together with the recommendation be tranfmitted to the feveral Hates, by the fecrctary." Se&. 9. The Britifh ncgociators had been told by ourB» that all the dates would refufe to comply with this recom- mendation: One only, however, r^fufcd altogether. The others complied in a greater or lefs degree, according to the circumflanccs and difpofitions in which the events of the war had left them; but had all of them rcfufed, it would have been no violation of the 5th article, but an exercife of that freedom of will, which was referved to them, and fo underftood by all parties. The following are the afts of your catalogue which be- long to this head, with fuch (hort obfervations as are ncccf- fary to explain them. Beginning at that end of the union where the war having raged mou, we fliall meet with the mod repugnance to favor. Seft. 10. Georgia. July 29. An adl releafing certain perfons from their bargains. A law had been pafTed dur- ing the war, to wit ; in 1782, [A. 30.] confiscating the eilates of perfons therein named, and directing them to be fold : — they were fold ; but fome mifunderftanding hap- pened to prevail among the purchafcrs, as to the mode of payment. This adt of 1783, therefore permits fuch per- fons to relinquifh their bargains, and authorizes a new falc —the lands remaining confifcated under the law made pre- vious to ilv.' peace. February 2Z. An acl to authorize the auditor to liqu*- date the demnnds of fuch perfons as have claims againfl the confifcated tllates. In the fame law of confifcations made during the war, it had been provided that the eilates con- fifcated ftjould be fuhjeft to pay the debts of their former owner. This law of 1785, gave authority to the auditor to fettle with, and pay the creditors, and to fell the remain- ing part of the cftate confifcated as before. February 10. An act to compel the fettlemcnt of pub- lic accounts, for iiifli6tiiig penalties, and vefting tlie audi- tor with certain powers. Tin's law alfo Is founded on tlie iiimc coiififcation law of 1782, requiring the auditor to prei's the fettlement witli the creditors, &c. February 7. An aft for afcertasjiiiig the rights of aliens, and pointing out the n\ode for the adrnifllon of citizens. It firll defcribcs what perfons fhall be free to become citi- zens, and then declares none (hall be capable of that cha- rafter who had been named in any confifcati<)n l;".w, or ba- nifhcd, or had home arms agaiiift them. This aft does not prohibit cither the refugees, or real Britiih fubjefts F.xile and Ci>nfifc»> tion. Compliance by congrefs. Adlsof itates. [B.M 1785. [B 4.J I7»3. [B 8.1 1787. f c 4* 5 Ziileantl Confirca^ tioa. A«!bor iUtcf. [A.ir.] IB«| 1786. rc9.i 1784. Document No. 44. 1784. from coming into the (late to purfue their lawful affairs. It only excludes the former from their right of citixcnfhip, and it is to be obferved, that this .ecommeudatory article docs not fay a U'ord about giving them a right to become citizens. If the condu^ of Georgia (hould appear to have been peculiarly uncomplying, it muft be remembered that that (late had peculiarly fufTered ; that the Dritifh anny had entirely over run it; had held polfefllon of it forfome years ; and that all the inhabitants had been obliged either to abandon their edates and fly iheir country, or to remain in it under a military government. Se<5l. II. South Carolina. Auguft 15th. An z& to ved 180 acres of land, late the property of James Holmes, in certain pcrfons, in trud for the benefit of a public fchool. Thelc lands had been confifcated and fold during the war. The prefetit law prefcribes certain proceedings as to l\\t ptirchafers, and provides for paying the debts of the former proprietors. March 22. An a£l to amend the confifcation a£l, and for other purpofes therein mentioned. This relates only to edates which had been confifcated before the peace. Ir. makes fome provi(ion towards a final fettlement, and relieves a number of perfons from the amercements which had been impofed on them during the war, for the part they had taken. March 26. An a6l redoring to certain perfons their edates, and permitting the faid perfons to return, and for other purpofes. This aft recites, that certain edates had been confifcated, and the owners, 1 24 in number, banifhed by former laws ; that congrefs had earnedly recommended In the terms of the treaty : it therefore didributes them into three lids or cla(re8, redoring to all of them the lands themfelves where they remained unfold, and the price, where fold, requiring from thofe in lids. No. i & 3, to pSy 12 per cent, on the value of what was redored, and No. 2, nothing; acnd it permits all of them to return, only difqualifying thofe of No. i & 3 ; who had borne military commilTions againll them, from holding any office for feven years. Governor Moultrie's letter of June 21, 1786, informs U8, that mod of the coniifcations had been redored; that tlie value of thofe not redored, was far lefs than that of the property of their citizens carried off by the Britifh, and that fifteen, indead of twelve, months had been allowed to the perfons for whom permiflion was recommended to come and folicit reditntion. Sift. 12. No'-h Caroliua. Oftober. An act di:ecling the fale of confifcated pioperty. C 49 ] • December 29. An a£^ to fecure and quiet in their pof- Exilo anJ K-ffions, the purcliafcra of lands, goods, &c. fold, or to ^"^'*'''''' Theft Acti of 17HJ. be fold, by the coinmiHioncrs of forfeited cftates. two ads relate cxprefsly to properly ** heretofore confif- ^^^^^' ' ated," and fccurc purchafers under thofe former conlif* rations. The cafe of Bayard, v. Singleton, adjudged in a court No. 54- [D. of judicature in North C.'.voiina. Bayard was a purthafcr ^'1 '"9-- of part of an cftate ronlircatcd during the war, and the ruurt adjudged his title valid; and it is difficult to conceive on what principle that adjudication can be cuntplained of as an infradion of the treaty. November 19. An aft was paffed to r^ftorc a confif- ^I^S- rated ellate to the former proprietor, Edward iiridgcn. October. An aft to defcribe and afcerliin luch pcrfons [C. rj as owed allegiance to the (late, and impofc ccilain Uifi^ua- ^^^M- liiications on certain perfons therein r.amcd. November. An aft to amend the preceding aft. [C.8.]i78^. April. An aft of pardon and oblivion. The two firft [C. i] of thefe afts exercifed the right of the Hate, t<) defcribe ''^*' who fhould be its citizens, and who ihould be difqualified from holding offices. . The lad, entitled, An aft of par- don and oblivion, I have not been able to fee ; but fo far as it pardons^ it is a compliance with the recommendation of congrefs under the treaty, and fo far as it excepts per- fons out of the pardon, it is a refufal to comply with the recommendation, which it had a right to do. It does not appear, that there has bten any obdruftion to the return of tliofe perfons who had claims to profecute. Scft. 13. Virginia. The catalogue under examination, Document prefents no aft of this (late fubfequent to the treaty of ^"^ '•^* peace, on the fubjcft of corHfcations. By one of Ofto- ber 1 8, 1 784, they declared there fhould be no future cou- fifcations. But they did not choofe to comply with the recommendation of congiefs, as to the relloralion of pro- perty which had been already confifcated : with refpeft to ,jcrfon^), tlic firll aflembly which met after the peace, paflcd Oftobcr. The aft prohibiting the mi[rration of certain rC-5-] perfons to this comnrionwealth, and for other purpolei ^^ ^' therein mentioned, which was afterwards amended by Oftoher. An aft to explain and amcr.d the preceding. fC.6.] Thtfe afts after declaring who fiiall not have a light to mi- grate to, or become citizens of, the (late, have each an ex- prefs provifo, that notl/ivg contained in than Jhall he fo ton- ftrued as to canlravcue the treaty of peace •aiiih Great Bntain ; and a great number of the refugees having come into the ftatc, under the protcftion of the firll law, and it heing underftcjod, that a party was forming in tho ilatc to ill- H h 1786. [ so ] Fxiff and Li>. fifca- tion. Aa» of * Document Ho. 14. fB. If). l.i;86.j ID. I I.J 179U See Docu- ment No. 49. Dfiriinent Uo. 1',. trat tliciii, thf j;overnor, Julv 2(k 1784, publiOird tin' proclamation, No. I ^.jt* ttiioiniiig all ir.-igill rates and otht-r civil officiTn, to pi'te^t ti.."m, andUrcurc to them, thr rights diriveil from tia- tn-aty, and acts .f '(!( mblv aforp- laid, and to brin^ tu puu.lhmci.t, nil who !l/iil The catulo^ruc fiiriiin>eH no tranfa^tion of thia ftate, fubfequent to die an. al of the treaty of peace, on tlw: fubjeds of confifcatiun, cxctpt AugiiU. An order of the executive council, to fell pari of Harry Gordon'a real cUatr, under tlie net of January 31, 1783. This pcrfon hud been fummotial by pruclumatiun, by the name of Henry Gordon, to appear bvTore the I ft day of November, 1 78 1, and failing, his cllatc vva« i'l-i/.ed by the • onimifiioners of forfeitures, and molt nf it iuld. The ad of 1783, January 31, cured the mifnomcr, and directed what remained of his cUate to be i.ild. The conHlcation being complete, it was for them lu f.iy whc- tlirr they would reftore it, iu cuinplisnce wiiii the recom- •vjndation ci congreiU They did not, and flic executive . mplcted tilt falc, as they were boun-'. to ilu. All pcr- ions were permuted to rilurn to tl»!j ibte, aiul you fee many of thtm living here to this day in quiet and ittccm. Secft. 11. NeW'jerfey. " only a6t alleged agalnll thia lUte, as lo the rccommciidaiory article, is, December 23. An aft to appropriate a certain forfeit- ed eilate. This nas the cUaic of J 'hn Zabrifki, wliicli had been forfeiiei! diiing the war, and the uCt g.vcs it to Major-general b. ron Siciiben, in reward for his lcrvice3. The confifcation L^ ing eoniplete, the legiflature were free to do this. Oovenu'r Livingllon'» letter is an additional teftimony of th^ modi itiou of thia Hate, after th».' procla- mation of peace, and fiom tliat we hare a rij^fht to eonchide, that no pcrfo;:L' were prevented from rttuniiiig -iiid rcinaia- ing indefinitely. Scft. 18. Ntiv-Torh. This itate had been among the lirll: invaded ; the greatcU part of it had been poUellcd l>y the enemy through the war ; it was the lail cvacuutul; its inhabitants had in great numbers been driven (>{i' their farms; their property walled, and tlienil.ivis living in exile and penury, a;i(l reduced from atUujiK-j to wuct, it is not to be wondered at, if their Icnfations were aniong the moll lively : accoidin;4ly, taey, in the very hrfi mo- ment, gave a flat refuial to the recommendation, as to the reftoration of property: See document No. 17, contain- ing their reafons. They pafl'cd, however, May 12, The ad to prefcrve the freedom and independence of this ftate, ana tor other purpofes therein mentioned, in which, after difqualifying rcfugeea from offices, they permit them, to come, and remain as long as may be abfolutely neceftiiiy, to defend their cftates. C'mfUca- tiun. States. fC. ij.J I7va X7«J- Document No. 41. Dc^ni.iit No. , -. ^, IMAGE EVALUATION TEST TARGET (MT-3) .^ ^ :/. r/. % 1.0 1.1 12i8 125 no m Itt I 2.0 •UUt. L25 m 1.4 U& 1.6 Photographic Sciences Corporation 23 WEST MAIN STREET WEBSTER, N.Y. M5M (716) ■72-4503 ^^ *^% t 52 3 Exfle and Coniifcar« tion. Aekeve, therefore, it may be faid with truth, that there y^as not a fingle confifcation made in any one of the Unit- ed- States, after notification of the treaty ; and confeqiient- ly, it will not be neceffary to notice again this part lA the .6th atti<:le. Seft. 24. Before Quitting the recommendatory article^ Citizenihip two paffages in the letter are to be noted, which applying to of Refugees, all the dates in general, could not have been properly anfwer- ed under any one of them in patoticttlar. In page 20, is the following puiTage, ** The exprefti prorifion in the treaty, for jthe reRitution of the eftatesand propertiesof perfons.of both thefe defcriptions [Britifli fubje£ b and Americans who had ftaid within the BritiOi lines, L«ut had not borne arms] certainly comprehended a virtuad acqniefcence in their right to reiide where their propert y was fituated, and to be reftored to the privileges of cit '^zenfliip.** Here fecms ^ be ^ double errpr, firft, in fupp t^lng an exprefs provi- ■k^\ [ 54 1 EiUeand Conflrc»> Indemnifi- cation by Great Bri- taiq. m fion, whereas the words of the article, and the collateral teftimony adduced, have Hiown that the provifion was nei« ther expreft, nor meant to be fo. And, fecondly, in infer- ring from a reftitution of the eftate, a virtual acquief- cence in the right of the party to refide where the eftate is. Nothing is mare frequent than for a fovercign to banifli the perfon, and leave him pofTefTed of his eftate. The in- ference in the prefent cafe too, is contradifled, as to the refugees^ by the recommendation to permit their refidence twelve months ; and as to Britifli fubjeds, by the filence of the article, and the improbabihty that the Britifli plenipotentiary meant to ftipulate a right for Britifli fub- je6ts to emigrate ^nd become members of another com- munity. Se^. 25. Again, in page 27, it is faid, << The nation of Great Britain has been involved in the payment to them of no lefs a fum than four millions fterling, as a par- tial compenfation for the loffes they had fuftained." It has been before proved, that Mr. Ofwald underftood perfectly, that no indemnification was claimed from us ; that on the contrary, we had a counter claim of indemnification to a much larger amount : It has been fuppofed, and not with- out grounds, that the glimmering of hope provided by the recommendatory article, was to quiet, for the prefent, the clamours of the fufferers, and to keep their weight out of the fcale of oppofition to the peace, trufting to time and events, for an oblivion of thefe claims, or a gradual ri- pening of the public mind to meet and fatisfy them, at a moment of lefs embarraiTment : the latter is the turn which the thing took. The claimants continued their im- portunities, and the government determined, at length, to indemnify them for their lofles ; and open-handed)y as they went to work, it cofl them lefs than to have fettled with us, the juil account of mutual indemnification, urged by our commiflioners. It may be well doubted, whether there were not fingle ftates of our union, to which the fbur millions you have paid would have been no indemoi* fication for the loffes of property fuftained, contrary even to the laws of war : and what fum would have indemnifi- ed the whole thirteen, and confequently, to what fum our whole loffes of this dcfcription have amounted, would be difficult to fay. However, though in no wife interefted in the fums you thought proper to give to the refugees, we could not be inattentive to the raeifure in which they were dealt out. Thofe who W;;re on the fpot, and who knew intimately the ftate of affairs with the individuals of this defcription, who knew that their debts often exceeded their poffcffions, Infonmch that the moft faithful admini- ftration mads them ^y but a few {hillings in the pouud^ r ss 3 even inifi- our Id be led in l> ^^ Iwere Lncw this ^ded lini- L:id» leard with wonder, of the fums given, and could not but Indemnifi- conchide, that thofe largeflea were meant for I'umething ^^'o" bv more than lofs of property : that fervices, and other cir- tain, cumftances mud have had great influence. The fum paid is therefore no imputation on us. We have borne our own lofles. We have even Icfftned yours, b^Tiumerous reftitu- tions, where circumftances admitted them : and we have much the worft of the bargain, by the alternative you chofe to accept, of indemnifying your own fufferers, ra- ther than ours. Seft. 26. II. The article of debts is next In order: II. Debts, but to place on their true grounds, our proceedincrs re-. ^^^}^ P">" lative to them, it will be neceflary to take a view of the British proceedings, which are the fubje£l of complaint in my letter of December ijtb. In the 7th article, it Was ftiputated, that his Britannic Negroes, majeily (hould withdraw his armies, garrifons and fleets^ without carrying away any negroes, or other property of the American inhabitants. This ftipulanon was known to the BritiHi commanding officers, before the 19th of March, 1783, as provl/londlly agreed, and on the 5th of April, they received official notice from their court of the con- cluiion and ratification of the preliminary articles between France, Spain, and Great Britain, which gave a£iivity to ours, as appears, by the letter of Sir Guy Carleton to General Wafliington, dated April 6, 1783. [Document No. 21.] From this time, then, furely no negroes could No. be carried away without a violation of the treaty. Yet we find, that fo early as the 6th May, a large number of them bad already been embarked for Nova Scotia, of which, as contrary to an exprefs ftipulation in the treaty. General Wafhington declared to him his fenfe and his fur- prife. In the letter of Sir Guy Carleton of May 1 2 (annex- ed to mine to you of the 15th of December} he admits the fa£l 'f palliates it by faying, he had no right to deprive the- negroes of that liberty he found them Pqffeffed of, that it was unfriendly to fuppofe that the king's minifter could ilipulate to be guilty of a notorious breach of the public faith towards the negroes, and that if it was his intention^ it mujl he adju/led by compenfatioa, reftoration being utterly impratlicable, where infeparable from a breach of public faith. But furely, fir, an- officer of the king is not to queftion the validity of the king's engagements, nor vio- / late his folema treaties, on his own fcruples about the public faith. Under this pretext, however. General Carle- ' ton went on in daily infradions, embarking, from time to time, between his notice of the treaty, the 5th of April, and the evacuation of New York, November 25 — 3000 negroes, of whom our commiffioners had infpeftioa, ^-,a... r t ^6 1 beks. ^nd a very large Dumber more, in public and private veP ^"m^ P'^ fels, of whom they were not permitted to have infpe£lron: Negroe . Here, then, was a dire<^, unequivocal, and avowed vio^ lation of this part of the 7th article, in the firft moments of its being known; an article, which had been of ex- treme fulicitude oil our part ; on the fulfilment of whichi depended the means of paying debts, in proportion to the number of labourers withdrawn ; andj when in the very adl of violation, we warn, and put the commanding offi- cer on his guard, he fays, direftly, he will go through with the a^t, and leave it to his court to adjuft it by Compenfation. ]&u»th all conveniei^ fp^^t with- draw his garrifoni from every poll within, the United Stfites. * •* When no precife terms," fays a writer on the lav,' of nations, [Vattcl, L. 4. C. 26.} " has been mark- ed for the accompliniment of a treaty, and for the exe- cution of C'ach of its articles, good fenfe determines that every point fhould be executed as foon aspoffihle : This is -Without doubt, \*hat vi^as underftood." The term in the treaty, with all convenient fpeedi amounts to the fame thing, and clearly excludes all unneceffary delay. The general pacification being figned on the 20th of January, fome time would be requifite for the orders for evacuation to come over to America^ for the removal of ftores, pro- perty and perfons, and finally, for the aft of evacuation. The larger the poll, the longer the time neceflary to re- move all its contents ; the fmaller, the fooner done : Hence, though General Carleton received his orders to evacuate New York, in the month of April, the evacua- tion was not completed till late in November. It had been the principal pla;ce of arms and ftores ; the feat, as it were, of tbeir general governrfient, and the afylum of thofe who had fled to them. A great quantity of ftiipping was neceffary, therefore, for the removal, and the Gene- ral was obliged to call for a part from foreigft countries. Thefe caufes of delay were duly refpefted on our part/ ' ' But the pofts of f Michillimackinac, Detroit, Niagara, Ofwego^ Ofwegatchie, Point-au-fcr, ibutchman's Pointy * Lorfqu'on n^a point marque de ierme pour Paccomplilfe' nt iht traitct ^ P^ur Pexecutian de chacun da articleSf le ion fens d'tt que chaque point doit etre execute auITitdt qu*il ell polfible. Cejlfans daute alnfi qu*ott Ventendu^ r/ient Ivl A| rei eva mg t Infiead of this, Fort Erie was by error infcrtcd in my lettcf ]*f December 15. *f It, as m of ping ene- tries. pJirt/ ara, oint« ItJ/e- \st le ju'il lettef «^erc -not of tliis magnitude. The otden tot thiiiak!i\oif bebti. ^^ trhkk reached General Carletpn, In New-York, early in ^JJ^J^ April} might hive gone, in one month. more, to the moft ^^ ~'^' reilkote of thefe poits t Some df them might have bfcn ^^^' evacuated in a few days alter, and the largeft in a IfeW week*. Certainly they might all have been delivered, with- out vny incoHvement JpudvA the operations, by the end of May, from the known facility fumiflied by the lakes, Und the water conneding them ; or by croffing immediately over into their own territory, and availing themfdvea of the feafon for making nevi^ ellablifliments there^ if that was intended i Or whatever time might, in event, have been neeefiary for their evacuation^ certainly the order for it (hould have b^en given from England) and might have bovn given as early as that- from New York. Was any order ever given \ Would not an uAneceffiwy delay of the order^ prodilcing in equal delay in the evacuation, be an infrac- tion of the treaty \ Let us thveftigate this matter. On the 3d of Auguft, 1783, Major-general Baron 8teube39« by orders from Oeneral Wafhmgton, having re- paired to Canadi for this purpofe^ wrote the letter, No. Nd. k%^ 82, to General Hildimand, governor of the province, and recei'yed &om him |he anfwer of Auguft 13, No. 23. No. ^* Wherein he fays, *^ l^he orders I have received, dired a difeontinuanee of every hoftile meiAire nniy^* &Ci And in his confeireen given as cartyi' and sit the fame time as the order to evacuate New York; and idld^ayt qfUr tiii, hvas im coatrtmUKtun of the tntHy. Sc^.' 28. Wasihis delay ihcrety innocent and nnimptntant ' as tut OS* letting afide all cohfiderations but (^ iittitfiellf #nd iafety? t. It init us. off from the fur trader whJdIi before the'vai^, hAA been always of ^[reat impoitanc^ as a bVimch of corometce, and as a fource of rrmittiaowoe f&t' \%t psy- iment pt bur debts to Great Britab : for» to'the injury of withholding oar pofls, they added the obftni&icMi of atl pa^ge donjjc tb^ lakes and tbeir comintonicatioii& s. It feduded in frotnxiniat^Uon Ivith tte north wcftem ladkfriSi 'firoro all oJTpox^iimty'of kvepi^^'u^iHththein llHKindyaad neighbuur)y inteincotarfe» brought on t)s ci^ife^ttctttl) fittni their known difpofifioaJ^ co'nftaat and expeofivt warV in <%]iich Q^inibe)^' of me«, Women^ and chndreii litt«<^ lieen, and ftin are, daily falling Ti^nis to th^ ftfcalpingknifi;^ and to Tviucb thiere wiB be mo p^od^ but iil ^)ur poflbflkM of the po&s which' coihmand their >«Sotkftt;[^* > ' ', It mapbe fafely faid then til^ t^ ti«aty Wat violated in England, before it Avas known inAmericaj, and in Ame- rica, as foon as it was known^ ' and that too in points fa eflential as that without them» It would neVer have h^^H concluded. ^ ' Sc£h 29. Andirhat w^ tW efie^ of thcle In£(a£Honii<>n iht American nund? On the brciJch oif any art?c1e of a treaty by the one part/, tJie other has its dirf^ion to dedare It dfflblved in aD its aiticlesj ot\o compenfate Itftlf'by withholding execution of ec]iMvalent articles) or to Wave notice of the breach altogether. * ttcht?. Congvtis Ikinfj infcrmied that tlie Britifll CommaiJding jftmcrlcnn cflScer V/3S carr^'ing away the negroes fi-om Ne%' Y'ork, in proceediiijs.-. anromrd violation of the treaty, and againlt t|\e repeated remqn&^nces of General W^fhington, they take Up th« f;:b;ctEl on the 26th of May, 1 783; they declare that ft is ccntrary to the treaty ; dire^ that th(! proper papers be fcut to their tninifters plenipMentiaiy in Europe, to rcmon- ftrate, and dema«d j-cparation, and ihst, in the mean time. General Walhington continue, his JcmcnftralicicB tD4he Bi'i- ired cA lh« >n the ibth in the fame iven ? ^ And «fe/ that it tat momelit , at whSeh^ the t^per itntM^ icail eti given as icuate New iKtiouof tkf mimptikant ititeieii #nd WthbefoTC as'alMMnch W' \}kt pxf- Ife tnjtat^ of &kMi of aft 7II& s. It niil«lasirf*i kietnl> fic«a live warV in I 'liav€*'lieen} riktii^^and Mifi^flkmof c 59 r SiS ■T i: I Violated in iflin Atne^ m ffmts (o ■ hive beeik ionioh sttfcTe of a 1 to declare jr to unvt imauding York,' in repeated ake up the lire that it papers be 1 to rcmoTJ- icar. time, >4he Bi*I- Amcncan tl(h compumdiog' officer, and to6(t on the difcootinuance Debts, vf (be meafure [Stc document No. 39.J ^^°*"*^. • s»Sed. 30. The ftate of Virginia, materially affe^ed by Sto^T^ this infradion, becaufe the labourers tHus carried away were chiefly from thence j while heavy debts were now to be paid to the very naition which was depriving them of the meant* took up the fubjefl in Dec. 1783, that is to fay, feven months, after that particular infra^on, and four j(nonths after the li(ft refufal to deliver up the poib, and inftead of arrcfting the debts abfolutely, in reprifal, for «heir negroes carried avcray, they pafled [D. 5.3 the a£l to -revive, and continue the fcverai ad^.s for fufpending the iHti- ihg executions on certain judgments until Dec, 1783, that is to fay, th&y Vevived till their next meeting, two afts pafled during the war, which fufpended all voluntary and frauduient ai&gnments of debt, and as to ot/xrf, allowed real and perfpnal e^ate to be tendered in difcharge o£ c>xe- cuttons : the ^ffeft of whigh was to relieve the body oi the debtor from prifon, by authorizing, him to deliver pro- perty in difcharge of the debt. In June following, 1 3 months, after the violation, lad mentioned, and after a lecond refill^ by the Britiih commanding officer to deliver up the pofts, they came to thercColution No. 30, reciting fpecially No. 30* the infra^ion refpediog, their negroes, initru^iiig their delegates in congrefs to jjreis for reparation j and reinlving, that the courts Iball be opened to BritiOi fuits, as r9on as repairqtum. Jbail he madcy or otherwife, of foon as CQttgrefs Jbatl jndge It iaSfpenfai/ly necejfary. And in 1787, they pafled t.C. 1<-\ tiie a£t. to repeal fo much of all and evciy a^ or adts of aflembly, as prohibits the recovery of Bnttfli debts ; and at the fame time [E. 6,3 the a£fc to repeal part of an att for the protcdtion. and encouragement of the commerce of nations acknowledging the independence of the United States of America., The former was not to be in force, till the evacuation of the pofts, and reparation for the negroes carried away. The latter requires partic • ilar e:xp?ds were made» p$t.-b' i 60 ■} 9i^t«^ ao lofiff^ mftm to oontmue td them the fummaiy remeJy, M^edlMi ^*»'ch "*d ^«" profided for the tranficftt vendir of gt • U t *^^ And indeed it would have been unequal to have givtn the refident merchant inftantaneous judgment agaioft a farmet or tradefman^ while the fanner, or tradefmani could puc^ fue thofe who owed him money, but in the ordinary way^ and with the ordinary delays. The BritKh creditor had no fuch unequal prmlege, while we were under Britifh govern- ment, and had no title to it, in juftice, or by the treaty, after the war. When the legiflature proceeded then to repeal the law, as to other nations, it would have been extraordinary to have continued it for Great Britain. Se£t. 31. South Carolina was the fecond ftatc which moved, in confequcnce of the Britifh infTa|||ions urged thereto by the defolated condition in which tncir armie* had left that country, by the debts they owed, and the almoft entire deftruAion of the means of paying them. They paffed [D. 7. 20.] 1784, March 26, ant)rdinance refpe^ing the recovery of debts, fufpending the recovery of all aAions, as well American as Britifh, for 9 months, ^nd then allowing them to recover payment at four equal and annual inflalments only, reqiuring the debtor, in the mean time, to give good fecurity for his debt, or other- ivife refufing him the benefit of the aA — by [D. 2 1 .] 1 787, March 28. An aft to regulate the reco- very and payment of debts, and prohibiting the importa- tion of negroes, they extended the inftalments a year further in a very few cafes. I have not been able to pro- cure the two foUpwing afts [D. 14.] 1785, 0&.. 12, Au atl for regulating fales under jexecutions, and for other purpofes therein mentioned, and [D. 22.] 1788, Nov. 4. An aft to regulate the pay- ment and recovery of debts, and to prohibit the importa- tion of negroes for the time therein limited ; and I know nothing of their effeft, or their exiflence, but from your letter, which fays, their effeft was to deliver property in execution, in relief of the body of the debtor, and fUU further to poftpone the inflalments. , If^ during the exift- cnce of material infraftions on the part of Great Britain, it were neceffaiy to apologize for thefe modifications of the proceedings of the debtor, grounds might be found in tha peculiar diftrefTes of that ftate, and the liberal^ity witK which they haid complied with the recommendatory articles, notwithftanding their fufferihgs might have infpired other difpofitions, having pardoned every body, received every body, reftored aU confifcated landa not fold, and the prices of thofe fold. Seft. 32. Rhode Ifland next afted on the Britifh infrac- ^99, '^nd imposed modi^cationt^ in fiivor of fuch debt0jf| rel of I jail or( Sd for for >' othcr- le pay- iporta- know your kerty in IndftiU exift- kttain» of the in tk« witlv cickst other etcry I prices infrac- |ebtoi| C 61 1 pM ihouHl be purfued by their creditor!, permitting them to Debts, relieve their bodies from execution, by the payment of pa< ^*"*'J2]?ii per money, or delivery of property. Thit Wi.« the effe£l '^**** ' of [D. ta.3 1786, Mar, An 9& to enable any debl^pr in jail, on execution at the fuit of any creditor, to tender real, or certain fpcclfic articles of perianal, eftate, and [D. 16.3 1^86, May, An a6fc making paper money a legal tender. But obfenre, that this was not till A&rf^jrrarj after the infractions by Great Britain, and repeated and conftant refufah of compliance on their part. 8e6k. 33. New Jerfey did the fame thinr, by [D. 13,3 1786, Mar. 23, An ad to dire£^ the modes of proceedings on writs of fieri facias, and for transferring lands and chattels for payment of debts, and [D. f8.] 1786, May 26, An ad for ftriking and mak- ing current, ;^. 100,000 in bills of credit, to be let out on loan, and [D. 17.3 1786, June I, An a£i for making bills, emitted by the aCl for raiHng a revenue of £. 31,259: 5 per annum, for 25 years, a legal tender, and Sedt. 34. Georgia, by [D. 19.3 1786, Aug, 14, An aft for emitting the fum of £, 50,000 in bills of credit, and for eftahKfhing a fund for the redemption, and for other purpofes therein mentioned, made paper money alfo a legal tender. Thcfe are the only ftates which appear, by the a£ts cited in your letter, to have modified the recovery of debts. But I believe that North Carolina alfo emitted a fum of paper money, and made it a tender in difcharge of executions j though, not having feen the aft, I cannot aifirm it, with certainty. I have not mentioned, becaufe I do not vlew the aft of Maryland [D. 15.3 1786, Nov. C. 29, for the fettlcment of public accounts, &c. as a modiflcatiun of the recovery of debts. It obliged the Brltifh fubjeft, before he could recover what was ^\k to him within the ftate, to give bond for the payment of what he owed therein. It Is reafonable that every one, who afks juftlcet ihould do juftlce ; and it is ufual to confidcr the property of a foreigner, in any country, as a fund appropriated to the payment of what he owes in that countiy , excluiively, (t is a care which moil nations take of their own citizens, not to let the property^ which Is to anfwer their demands, be withdrawn from its jurifdiftlon, and fend them to fcek it in foreign countries, and before foreign tribuqals. Seft. 35. With refpeft to the obftacles thus oppofed to the Itift=lfflcnt». Britiih creditor, befides their general julllficatioo, as being produced by the previous infraftions on the part of Great Britain, each of them admits of a fpeclal apology. They j|re, ift. Jp^l^y of jud^ent. ?d. J^iberatirg the body C 63 1 ptbtt, from executron, on the deliTciy of propertr. -,5dl AdnnN. MMflSw* *'"fi» execuLion* to Ik- diCchargcd in paper money. ij.« to. ri(^a»Tifnt> ^^ '^> ^^ ^' ^^ confidered, that from the nnture of the <^niinn:ce carried on between thcfc (late& tod Great Britain* tiicy were generally kept in. deSt ; that a great part of the country, and mod particularly Georgia, South Carolina, North Carolina, Viigioia, New York, and Rhode Uland, liad been ravaged by an enemy, moveable property canned off, houfes burnt, 1 mds abandoned, the proprietors forced off into exile and p^tvcrty. When the peace permitted them to return a^ain to their lands, naked and dcdulate aa they ^rcre, was inftaat payment pra^'cable? The contrary was fo palpable, that tlie Biritiffi cn.-ditor& thcmfdvea were- fen- ilble, that were they ta ruHi to jadjrment immediately againft their debtors, it would involve the debitor in total i^in, without relieving the creditor. It it a fad, for which we may appeal to the knowledge of one member* at lealb, of the Britifh admin iilration of 1795, (hat the chairman of the North American merchants, conferring on behalf of thofc merchants vrith the American miniflers then in Lmdon, ,Was fo fenQ'Jc that time was ncceflTaiy, a& well to fave the creditor as debtor, that he declared there would not be a moment's hedtation, on the part of the"^' creditors, to allow payment by tnftalments annually for feven years, and that this airangemeut was not ma4e, waa neither his fault nor ours. To the necefikict for fomc delay in the p ay me nt of debts, may be. added, the Britifh commercial regulations, leflien- iiig our means of payntent, by prohibiting us from carry* Ing in ouv OMni bottoms, our own produce to their domtniona, in our iiaVhbourhood, and excluding valuable branches of it from their home markets by prohibitory duties. The means of payment conftitute one. of the motives to purdtafe, •dt the moment of purchafing. If thefe meana are taken away, by the creditor himi'df, he ought not in cohfctence to conrplaln of a mere retardation of his debt, which is the effe^ of Ims own ai^ and the leafl injurious of thofo k is capable of producincr. Tix inltnlmcnt zSts, before enumerated, have Ijeea mu>:h icfs p:eneHil» and for a fborter tei-m than m'^a-.v. the chairn; n of the Anierican merchants thoug-ht reafria.ibie. T/ijIb of them requin^d the debtor to ;^ive ieciuitjc, in the mean time^ to his creditor, and pro- \ididc>inplete indem^niftcationi of the delay, by the pay- ment of intereft, which Was enjoined in every cafe. Sevfl. 56. Tue fecoad fjioriea cf ol jft acle was the aidmttting the debtor to rel.eve his fxjdy fi-om imprifooibent by the delivery of lands or goods to his creditor. And is this idea orijrfnal, and piecaL"T:f to us ? or whence h?.ve we taken it-LTrom ^l^nglaad, from E'ji'ope^ from natural right and tn t «3 1 i^^on. VoT k mny bf fifrly alTii tnc^ that neither natural right nor reafon fubjc^'^s the bodf of a man to reftraint ' for dcht. It i« one o[ the abufct introduced by commerce and credit, and which e?cn the moft commercial nations hav': been oUi^^ to relax in certain cafes. The Roman lawM, the principles of which are the nearcft to natural reafon of thofe of any municipal code hitherto known, allQwed imprifonment of the body in criminal cafea only, or thofe wherein ther party had cxprefsly fubmltted himfelf to it»— The Frvnch law* allow it only in criminal or com- mercial cafiea. The Irwt of Encl^nd, in certain dcfcrip- .ttans of cafes (as bankruptcy) releaCe the body. Many of the United States do the fame, in all cafes, on n ccffion of pn>perty by the debtor. The lerari fac|!»t 3° execution affii^ing only the pro/itt of landst is the only one allowed in England, in certain cafes. The elegit, another execu- tion of that and this country, Attaches firll on a man'a choctela, which are net to be fold, but to be JiEvereJ la the plaintiff'^ on a reaforuMe appratfunentf in pan of (atsfac- tiqn for lius debt, and if not fufficient, one half only of iiis lands are then to he delivered to the plaintiff, till tlic frefitt fhall have IJati&fifd him. The tender laws of thcfc fbies, were generally ni'ore favorable than the execution by elegit, bccaufe they not only c;ave,'as that does, the whole property in chattels, but alfoi^/ ivbole property in the lands, and not merely the profits oi them. It is, therefore, an cxrcuttun framed on the model t}f the EDglifli dcgit. or lather an amendnu:nt of that writ, taking away, indeed, the clc£bion of the party againft the body of hia debtor, b\]t giving him, in exchange for it, much more complete remedy againfl. his lanilt. Let it be obfenred too, that this proceeding was allowed a/ainft chizens, as well as foreigners; and it may be quefiioned, whether the treaty Iffnot £ttisficd, while the fame meafiire is dealt out to Bri- tifli fubjcds, as to foreigneinof all other nations, and to na- tiTes therofelyea. Fur it would Teem, that all a friend can expei^ is to be treated as a native citiziin* t ' i' ji Std, 37. The third obftacle ttas allowing 'paper^rhoney to be paid for gocxis fiuld under execution. " . The complaint on this head is pnly againit Georgia, S^uth Carolina, Jerfey and Rhode Ifland : and tKis obftm6tion, like the two others, fprong out of the peculiar nature, of the war. per thofe will form very falfe conclufionr,, who reafon, as to this war, from the circumftauces which have attended other wars, and other nations. When, any nation of Eu- rope 13 attacked by another, it has netghboui's, with whom its accuflomary commerce goes on, without interruption ; and its commerce with more diflanf nations is carried nti hj Uzt in foreign bottoms, at leall, under protent patd oAoi fropcny. Execution* paid oil' in paper mo- ney- t 6+ 3 tithia. the laws of neutrality-. The produce of its foil can he pM^^JSgs "changed for money, as uftial, and the ftock of that *<- . medium of circulation is not it all diininiihed by war; fo paW*^ in* '^*' t»ropcrty fells as readily itnd as well, for real moneys paper mo- at the dofe, as at the conuaenceinent of the wari But *i*y* how different was our cafe: ca the nohh and fouth^ were oin* enemies: on the weft, defarts inhabited by favages in league with them ; on the eaft, an ocean of looc leagues^ ^ ' beyond which, indeed, were nations, who might have pur> chafed the produce of our foil) and have given us real mo- ney in exchange, and thus kept up our itock of moneys but who were deterred from coming to us, by threats of war on the part of our enemies, if they fliould prefuhie to confidcr us as a people, entitled to partake the benefit of that law of war^ whidi allows commerce with neutral na- tionsi What were the confequences? The ft<>ck of hand money which we poficfled in an ample degree, at the begins iiing of the war, foon flowed into Europe for fup^Ue» of itrmfr, dfhinunitidn and other DeceiFarics, wfaidi we were not id thie habit of manufaduring for ourfdves. The pn>^ duce bf bar foil^ attempted to be carried in our own bot- ^ toms to £urope« fetit two-thirds of it, into the hands of otn: enemies^ who were mafters of the fea, the other third illy fufficed to procure the neceflai^ imjdements of war, id that no returns of money fupplied the place of that which had gone off* We were reduced then to the refource of a paper mcdititn, and thailt completed the exile of the hi^rd jmoney : fo that, in the latter ftag«s of the war, we were, for years together, without feeing a /ingle coin of the pre- cious metals in Circulation. It was clofed with a ftipulation that we (hould pay a large mafs of debt, in fiich coin< If > the whole foil of the United States had been offered for falc for ready cnin, it would not have raifed as much as wotdd have fatisfied this ftipulation. The thing then was impoflible, and reafon and authority declare, * " Si l*em- pechement eft r^el, il feut donner du terns ; car nnl n*e&. tenu a I'impofllWe." Vattd, 1. 4, f. 51— We flioufd with confidence have referred the cafe to the arbiter propofed by another jurift, who lays it down, that a party, f ** Non ultra obligari, quam in quantum facere poteft; et an poflit, permittendum alterius principis, qua boni viri arbitrio." Bynk 2. J. P. 1. 2. c. 10. f. quid. That four of the ftates * ** If the obfiack he reaU t'ttne mvfi.ht ghen, far no one if honnd to «« ImpoUitiTuy** battel, 1. 4, f. 5 1 . ■f- " No one is bonnd beyond tobat he can iloy and whether he cany may le left to the decifion of the other prince^ at em ho- vcji man,** Bynk. 2. J. P. 1.: 2. c. lO. ; . ten was li I'em- fd with »fcdby I" Non poflity litrlo." ftates no me whether \an ho- tion of congrcfs. C 65 J jl^ould riefort, under fuch circumftanceS) to very fmall emil- Debts, flons of paper money, is not wonderful: that all did not, ^""^"jj^J proves their iirmhefs under fufferance, and that they were iiifpofed to bear whatever could be borne, rather than con- p^"off"iii travene^ even by way of equivalent, ftipulations, which paptrnui- had been authoritatively entered into by them. And evep^ "^V- in the foui* ftates, which emitted paper money, it was in fucb frtlall fums, and fo fecured, as to fufFer only a (hort- liVed, and not great depreciation of value; nor did' they Continue Its quahty as a tender, after the firft paroxyfms of dlftrefs were over. Here, too, it is to be obfcrved, that na- tives were to receive this f^ecics of payment, equally with Britifli fubjefts. So that when it is cohfidered, that the othei* party had broken the treaty, from the beginning, and that, too, in points which leflened our ability to pay their debts, it was a proof of the moderation of our nation, to make no other ufe of the opportunity of retaliation prefented to thehi;; than to indulge the debtors with that time for dif- charging their debts, vvhich their diftreffes called for, and the interefts and the rcafon of their creditors approved. Seft. 38. It is to be obferved, that duriiig all this time, Intcrpofi- congrefs, who alone poffefTed the power of peace and war, of making treaties, and, corifequently, of declaring their Infractions, had abftained from every public declaration, and had confined itfelf to the refoliition of May 26thj 1783, arid to repeated efforts through their minifter pleni- potentiary at the coiirt of London, to lead that court into a compliance oft their part, and reparation of tfiQ breach they had committed. But the other party now laid hold of thbfe Very proceedings of duf ftates, which their previ- ous, infra^ions had produced} as a ground for further f-efii- fal, and in>fertirig the natural Order of caufe and effeft, Alleged that thefe proceedings of ours were the caufes of the iufra^ions, v^hJch they had committed iftonths and ■ years btffore. Thus the Britifti minifter for foreign affairs, in his anfwer of February iSth, 1786, to Mr. Adam*s memorial, fays,^ ** The engagements entered into by treaty ought to be mutual, gnd equally binding on the re- fpeftive contradHng parties. It would, therefore, be the height of folly, as well as injuftlce, to fuppofe one party alone obliged to a ftrift obfervance of the public faith, white the other might remain free to deviate from its own engagettiehts, as often as convenience might render fuch deviation neceflary, though at the expenCe ofit*owfi national credit and importance : I flatter myfelf, howevtrj' fif, that juftice will fpeedily be done to Briti^ creditors; and I can uflure you, fir, that whenever America fhall manifeft a real intcntioR to fulfil her part of the treaty, Great Britain will Kk ■ t i6 J fSiebts. Ihtetpofl- tion (.f coiigrc&. ifo. 3X. State adb of acquie^ eence. No. 31, 33, 34, 35. 2fi, 37. 38. 39. 40. No. 41, 49, 43- Noi 44. not*hefitate to prore her fincerity to co-operate in whatcttf points deptrd upon her, for carrying tvery article of it into real and complete effe£l." Fads will fumtih the beft commentary on this letter. Let us purfue them. The fecretary for foreign affairs of the United 8tateS| ty order of congrefs, immediately wrote circular letters to the governors of the feveral (tates, dated May 3d, 17861 [No. 31.3 to obtain information, how far they had com* plied with the proclamation of January I4thj 1784) and the recommendation accompanying it; and ^pn[ 13, 1787, Congrefs, delirous of removing every pretext which might continue to cloak the inexecution of the treaty, wrote a circular letter to the feveral ftates, in which, id order to produce, more furely, the efieft defired^ they deftionftrate, that congrefs alone poffefs the right of interpreting, re- ilraining, impeding or countera£ling, the operation and execution of treaties, which, on being conftitutionally made, become, by the confederation, a part of the law of the land, and as fuch, independent of the will and power of the legiflatures : that, in this point of view^ the ftate a£ls, eftablifhing provifiont relative to the fame obje^, and incompatible with it, muft be improper: refolving, that all fuch ads now exifting ought to be forthwith repesded, as well to prevent their continuing to be regarded, as viola- tions of the treaty, as to a!void th^ difagreeable neceffity of difcufling their validity; recommending, in order to obvl- ate all future difputes and qaeftions, that every ftate, as well thofe, which had paffed no fuch ads, as thofe, which had, fliould pafs an ad, repealing, in general terms, alt ads and parts of ads repugnant to the treaty, and encou- raging them to do this, by itifotming them that they had the ftrongeft affurances, that an exad compliance with the treaty, oa our part, would be foDowed by a pundual per^ Ibrmance of it, ou the part of Great Britain* Sed. 19. In confequence of theie letters, Ktv^ ilamp^ fhirey Maffachufetts, Rhode Idand, Connedicut, New York, Delaware, Maryland, Virginia, and North Carolina, paffed the ads, No. 3a, 33, 34, 35, 36, 37, 38, ^9^40. New Jerfey and Pennfylvania declared that no law exifted with them, repugnant to the treaty ffee Documents No. 41, 42, 43.] — Georgia had no law exifting againft the treaty. •—South Carolina, indeed, had a law exifting, which fub- jeded all perfons, foreign or native [No. 44.1 to certain modifications of recoveiy and payment. But the liberality of her condud, on the other points, is a proof fte would i^ave conformed in this alfo, had it appeared that the fullcft: conformity would have moved GreatBritain to compliaBce> a6d had an exprefs repeal been really neceffary. »' M C 67 ] ScA. 40. Por indeed all this was fupererogation. It Debt*, Vfulted nom the inftrument of confederation among the '^''^^''^ ftates, that treaties made by congrefs according to the inviT* confederation, were fuperior to the laws of the Hates. The circular letter of congrefs had declared and demon- ftrated it, and the feveral ftates, by their a£ts and expla- nations before mentioned, had (hown it to be their own fenfe, as we may fafely affirm it to have been the ge* neral fenfe of thofe, at leaft, who were of the profeffion of the law. ^efidcs the proof of this, drawn from the a(k of confederation itfelf, the declaration of congrefs and the afts of the ftates before mentioned, the fame princi- ple will be found acknowledged in feveral of the doca- ments hereto annexed for other purpofes. Thus, in Rhode Ifland, Governor Collins, in his letter, No. 20, fays, No. aor ** The treaty, in all /// ab/olute parts, has been fully com- plied with, and to thofe parts, that are merely recommeri' dtUory, and depend upon the kgiflat'we diferetton^ the moft candid attention hath been paid." Plainly implying, 4hat the abfolute parts did not depend upon the legiflatlve dtfcretion. Mr. Channing the attorney for the United States, in that ftate. No. 19, fpeaking of an a£k paiTed before the treaty. No. 19. fays, this adt was confidered by our courts as annulled by the treaty of peace, and fubfequent to the ratification there- of, no proceedings have been had thereon." The gover- nor of Connef^icut, in his letter. No, 18, fays, ** The No. 18, fixth article of the treaty was immediately obfervcd on receiving the fame, with the proclamation of congrefs, the courts ;ofjuftice adopted it as a principle of law. No further profecutions were inftituted againft any perfon who came within that article^ and all fuch profecutions, as were then pending, were difcoiitinued." Thus, profecutions - going on, under the law of the ftate, were difcontinued, by the treaty operatix\g as a repeal of the law. In Penn- fylvaoia, Mr, Lewis, attorney for the United States, fays, in his letter. No. 60, ** The judges have, unltbrmly and No. 6ok without hefitation, declared in favor of the treaty, on the ground of its being the fupreme law of the land. On this ground, they have not only difcharged attainted traitors mm arrelts, but have frequently declared, that tliey were entitled by the treaty, to protedion,** The cafe of the q>mmonweaIth v. Gordon, Binuary 1788, Dallas's reports ?33> is 3 proof of this. In Maryland, in the cafe of Mil- ^ dred v. Dorfey, cited in your letter |^E. 4.3 a law of the ftate, made dunng the war, had coinpelled thofe, who owed debts to Britiih fubjefts, to pay them into the trea- fury of that ftate. This had been done by Dorfev, before the date of the treaty ; yet the judges of the ^oAe geftc- val court deci4,cd» diat the treaty nut only rc^alqd the if?" ft: ?e1its. reatien controul laws. No. 52. 1^0. 4^. r 68 3 law for the future, but for the paft alfo, and decreed^ •* that the defendant (hould pay the money over again to th^ ]Britlfli creditor. In Virginia, Mr. Monroe, one of the ienators of that date in congrcfs, and a lawyer of enii-i nence, tells us, No. 52, that both court and counfel there ^vowed the opinion, that the treaty would (^ontroul any law 9f the ftate oppofed to it. And the legiflatiire itfelf, in an a£l of Odober 1787* C. 36, concerning monies carried into the public loan office, in payment of Britilh debts, ufe thefc expreffions. " And whereas it belongs not to the Icgiflature to decide particular queftions, of which the judiciary have cognizance, and it is, therefore, unfit for them to determine, whether the payments fo made into the loan-of&ce, be good or void between the creditor and debtor." In*New York, Mr. Harrifon, attorney for th«; United States, in that diftrift, aflures us,' No. 45, tha^ the a£i of 1782, of that ftate, relative to debts "due to perfons within the enemy's lines, was, immediately af- ter the treaty, reftrained by the fuperior courts of the Jlate^ from operating oh Britifh creditors, and that he did nqt know a fingle inftance to the contrary : a full proof, cha|^ they confidered the treaty, as a law of the land, paramount to the law of their ftate. Seft. 4.1. The very cafe of I^utgers y. Waddlngtoh [£. 8.] which is a fubje£t of complaint in your letter, x^ a proof that the courts confider the treaty as jparamount to the laws of the ftates. Some parts of your information, as to that cafe, have been inexaft. The ftate of Ne\y York had, during the war, pafltd an aft [C. 16.3 de- claring that, in any aftion by the proprietor of a houfe or tenement againft the occupant, for rent or damage, no military order ftiould be a juftlfication : And May 4th, i 784, after the refufal of the Priti{K to deliver up the potts in the ftate of New York, that legiflature re- vived the fame aft [C. 19.3 Waddingtpn, a British fubjeft, had occupied a brew-houfe in New York, belong, ing to Rutgers, an American, while the 3ritifh were in poffeffion of New York. During a part of the time, he had only permifiion from the quarter-mafter-general \ for another part, he Iiad an ord^er of .the commanding officer, to authorize his pofTeuion. After the evacuation of the city, {lutgers, under the authority of this law of th« ftate, brought an aftion againft Waddington, for* rent and damages, in tlie mayor's court of New York. Wad- dington pleaded the treaty, and the court declared the treaty a juftification, in oppofition to the law of the ftate, for that portion of time authorized by the commanding officer, his authority being competent, and gave judgment ;for that part, in favor of the defendant. But for the time t 69 3 hq held the houfe, under pertnllfion of the quarter-maftcr- Bch\.v general only, they gave judgment againft the defendant, /^^^'i^^'^ ^onfidering the permiffion of that omcer as incompetent, ^^rs. 'according to th^ regulations of the exifting powers. From , this part of the judgment, the defendant appealed. The Jiril part, however, was an unequivocal decifion of the fuperlor authority of the treaty over the law. The latter ^art could only have been founded in an opinion of the fenfe of the treaty in that part of the 6th article, which < declares, " There (hall be no future profecutions againft any perfon, for the part he may have taken in the war, and that no perfon ihould, on that account, fuffer any futiu'c lofs or damage in their property, &c." They mufij have underflood this as only protefling adlions, Avhich were conformable with the. laws and authority exifting at the time and place. The tenure of the defendant under the quarter-mafter-general was net fo conformable. That under the commanding officer was. Some may think, that murders and other c^'imes and offences, charadlerifed, as fuch, by the authority of the time and place, where committed, were meant to be protedled by this paragraph of the treaty : and, perhaps, for peace fake, this conftruc- tion may be the moft convenient. The mayor's court, however, feems to have revolted at it. The defendant ap- pealed, and the queflion would have been authoritatitely decided by the fuperior cour^ had not an amicable com- promife taken place between the parties. See Mr. Hamil- ton's flatement of this cafe, No. 46. SeA. 42. The falme kind of doubt brought on the ar- reft of John Smith Hatfield, in New-jerfey, whofe cafe [E. 9.} is another ground of complaint in your letter. A refugee, fent out by the Britiih as a fpy, was taken with- in the American lines, regularly tried by a court martial, found guilty, and executed. There was one Ball, an in- habitant of the American part of Jerfey, who, contrary to the laws of his country, was in the habit of fecretly Supplying th^ Britifli camp in Staten Ifland, with provi- fions. The firil time Ball went over, after the execution of the fpy, of which it does not appear he had any know- ledge, and certainly no agency in his profecution, John §mith Hatfield, a refugee alfo from Jerfey, and fome others of the fame defcription, feized him againft the ex- jik.'efs orders of the Britifh commanding officer, brought 'Hiim out of the Britifh lines, and Hatfield hung him with his own hands. The Britifh officer fent a meflage to the Americans, difavowing this a£l, declaring that the Britifh had nothing to do with it, and that thofe who had per- petrated the crime, ought alone to fuffer for it. The right |9 puuiih the guilty individual feems to have been yield* No. 46, Ocbti. Treatks control)! tawfc t 70 1 ed by the one purtft and accepted by the other, in exel)tf, be the cafe here alluded to { and I am authorized te fayf ^'^cate" ^ete neither doe», nor ever did exift any caufe, befprd ' that court) between aBritifh iubjedl and a citizen of thq tJnited States. See the certificate of the clerk of the No. 4S. court. No. 48. If by the fupremf federal court be mean^ fiir of ike ciretat courts of toe United Statef, then which circuit, in which ftate, and what cafe, is meant ? In th(i courfe of enquiries I have been obliged to make, to fin4 whether there exifts any cafe, in any diftn£t of anv circuit court of the United States, which might have given rife to this complaint, I have learnt, that an adton was brought to iflue, and argued in the circuit court of the Unitea States, in, Virginia, at, their l^ft term, between Jones, a )3ritifh fubjed, plaintiflF, and Walker, an American, de* fendant ; wherein the ^ueftion was the fanne, as in the cafe ' of Mildred and iJorfey, to wit: Whether a payment into the treafury, during the war, under a law of the ftate^ difcharged the debtor ? One of the judges retiring from, court,' in the'tnidft of the argument, on the accident of the death of an only fon, and the cafe being primae im«» prefliones in that courts it was adjourned, for confideration, till the enfuing term, ^ad the two remaining judges felt no motive,, but of predilection to one of the parties, had they confidered only to which pairty their wifhes were pro- pitious or unpropitious, they poflibly might have decide^ that queftibn on the fpot. But learned enough in their fci- ence, to fee diffioutties which efcape others, and having characters and coufciences to fafisfy, they followed the ex- ample fo habituaUy and fo laudably fet by the courts of your country, and of every coOntrv, where law, and not favor, is the rule of decifton, of taking time to confider.' Time and confideratioh are favorable to the right caufe-^ precipitation to the wrong onc:^' Se^. 46. You fay agam*, page 25. " The few attempts t;o recover Britifh debts, In the county courts of Virginia, have univerfally failed, and thefe are the courts wherein, from the fmallnefs of the fum, a confiderable number of debts can only be recovered." And again, page aR. " tn the fame itate, the county courts (which alone can take cognizance of debts of limited amount) have uniformly rejeaed all fuits inltituted for the recovery of iiims due 16 the fubjedts of the crown of Great Britain.^* J?n the firft place,, the county courts, till of late, have had eiclufive jurifdiiEtlon only of fums below ;^. io, and it is knowA," that a very incOnfiderable proportion of the BritlHi debt, coniifts in demands below that fum. A late law, we afe told, requires, that actions below j^. 30, fhall be corii- mencedi in thofc courts; but allows, at the fame time, an appeal to corre6t any errors into tnhich they may fill. In No. 5 a, 53' an In t 73 1 the fc'cond place, the evidence of gentlemen who are in the Debts. • way of knowing the fad [No. 52, 53.] is, that though ^!'*'}J^''*"'T' there have been accidental checks in fome of the fubordi- nate courts, ariiing from the chicanery of the debtors, and fometimes, perhaps, a moment of error in the court itfelf, yet thefe particular inftances have been immediately redi- ficd,. either in the fame or the fuperior court, while the great mafs of fuits for the recovery of fums due to the fub- js6ks of the crown of Great Britain, have been uniformly fuftained to judgment and execution.- . Sc£l. 47. A much broader aflertion is hazarded, page 26; ** In fome of the fouthem ftates, there does not exiil a Hnglc inftance of the recovery of a BritiHi debt in their courtd, though many years have expired rinc,e the e(tabli(h- ment of peace between the two countries.*' The particular ijjatcs are not fpecified. I have, therefore, thought it my duty to extend my enquiries to all the {tates which could be defignated under the defcription of fouthem, to wit : Ma- ryland, and thpfe to the fouth of that. ^ As to Maryland, the joint certificate of the fenators and No. 49, 5#» delegates of the ftate in congrefs, the letter of Mr. Tilgh- ^^' man, a gentleman of the law in the fame Hate, and that ef Mr. Gvvinn, clerk of their general court, prove that Britifh fuits have been maintained in the fuperior and infe- rior coiirtP throughout the ilate without any obftrudlion; that B.ritifii claimants have, in every inftance, enjoyed every facility in the tribunals of juitice, equally with their own citizens ; and have recovered in due courfe of law, and remitted large debts, as well under contrails previous, as fubfequent to the vsrar. , . ? • , ^ ,* . . .In, Virginia, the letters of Mr. Monrde^ and Mr. Giles, No-ja, 5.?. members of congrefs from that ftate, and lawyers of emi- nence in it, prove that the courts of law in that ftate have been open and freely reforted to by the Britiih creditors, who have recovered and levied their monies without ohftruc- tion : for we have no right to confider as obftruftions, the dilatory pleas of here and there a debtor, diftrefled per- haps for time or ey^n an accidental error of opinion in a fubordinate court,. when fuch pleas have been over-ruled, and fuch errors corredted in a due conrfe of proceeding marked out by the laws in fuch cafes. The general faii^ fuffices to ihow that the aiTertion under examination cannot be ap- plied to, this ftate. In North Carolina, Mr. Johnfton, one of the fenators for that ftate, tells us he has heard, indeed, but of few fuits brought by Britiih creditors in that ftate : but that he never heard that any one had failed of a recovery, be- caufe he was a Britifh fubje£l; and he names a particular cafe of Elmfley v. Lee's executors, " of the recovery of LI f.*' %>.56> ttlfi^. a Britllh debt in tlie fupcn'or court at £dent(to.'' See l/tt, fcdSSr Joh«fton*» 'ctter, No. 54. ho. 54. In South Carottnai we karn from No. $$t of particular Mb. ij. judji^mepts rendered^ and prcfecutioni carried on» without obflacle, by Britilh creditors, and that the courts are open to thcnl^ there as elfcwhcre. As to the modifications of thkf execution heretofore nVade by the ftate law, having becif the fame for foreigner and citizen, a cou^ woul^ decide whether the treaty is fatisfied by this equal meafure ; and if the dritilh creditor is privileged by that againil cyen the fame modifications to which citizens and foi^iarners of all other nations were equially fubje^ed, then the law im*' poHn:^ them was a mere nullity. In Georgia, the letter of the fenators and reprefenta^ tives in conzrefs, No. 56, aflares us that though they do' not know of any recovery of a Britifli debt in their ftate^ neither do the5^ know of a denial to recover fince the ratifi- cation of the treaty ; the creditors having moftly preferred amicable fettlemcnt; and tftat the federal cotNrt is* open and unobftru^ed to Sritifh tied in the definitive treaty, No. 58, (hows that fuch arrange- thents were under contemplation; And the judge feeins to hata been of opinion, that it waa neceflsuy the treatf lf«L |S. re- >me C 75 1 Aoidd be Jt/Sniufy concluded, before k could become t Uw netitt. of the land, fo at to chao^e the lenl charaAcr of an aBut l^^^^ sumyt who cannot maintmn an aaion, into that of an ^"^^^'^^ 0Ben/rumJ, whooi'iy. Without entering into the qneftion, whether between ue pravifional and definitive treaticf , a lubjed of either party could maintain an a^on iu the (Bourti of the other (a qucftion of oo confequence, confi* rderipg how fliort the intenral was* and this, probal^y, the only a^ion eflayed) we muft admit that if the judge waa right in his opinion, that a definitive conclufion was neceflary* he was right in his confequence that it fliould bt made known to the legiilature of the ftate, or in other words to the ftate, and that, till that notification, it was not a luw authorizing a fubje^ of England to fue a citizen of that ftate. The fubfequent do^rine uf the fame Judge Walton^ with refpeffc to treaties, when dulj comphledt that they are paramount to the laws of the ieveral dates, as has bcea teen in his chaige to a grand jury before fpuken uf (fc^t. 43.) will relieve your doubts whether the ** principle ftill continues in that ftate, of the continuance of war between the two eountricj,** Se£k. 49. The latter part of the quotation before made, merits a notice alfo, to witjMvhere, after faying not a fin- gle inftance exifts of the recWery of a Britifli debt, it is, pdded, ** Though many years have expired fince the ella- blifliment of peace between the two countries.". It is evi- dent from the preceding teftimony, that many fuits have been brought, and with cSe&. : yet it has often been matter of furprice that more were not brought, and earlier, fince it is moft certain that the courts would have fuftained their aftions and given them judgments. This abftinence on the part of the creditors has excited a fufpicion that they wiftied rather to recur to the treafury of their own country ; and to have colour for this, they would have it believed that lliere were obftru£lions here to the bringing their fuits. Their teftimony 1$ in fad the fole, to which your court till now, has gn^n acceis. Had the opportunity now pre- fented, been given ut fooner, they fliould fooner have ^nown that the courts of the United States, whenever the creditors would choofe that recourfe, and would preis, if necefiary, to the higheft tribunals, would be found as open to their fuiti, and as impartial to their fubjeds, aa theirs to ours, ^ 8ed. 50. Theie is an expreffion in your letter, page 16, Popular ii> that ** Britiih creditors have not been countenanced or tcfcrence. fupported, either by the refpe£iive leg^ilatures, or by the ftate couvti, in their endeavours to recover the full value uf debts eontraded anteoedently to the treaty of peace." And again, ** Xo many of the ftates, the fubjeds of the I 1C 3 DrUt. foptthr in- Prefent ftatc of dcbv. crown, in cndeatouring to obtain the rcftltatton ol thru; forfeited eftates and uropcrty, have been treated with in* dignity." From which an inference might be drawn* which I am fare you did not intend, to wit : That tht creditors have been deterred from rtforting to the courta, by popular tiimolti, and not prote^ed by the laws of thd country. I rrcolle£l to have hear^ of > one or two attempts, by popular collrfkions, to deter the pro&cution of Britiih claims* One of thcfe is mentioned in ^o. 49. But thefe jwere immediately on the clofe of the war, while its pafli- ons had not yet had time to fubfide, and while the a(hes of our houfes w«re ftill fmoking. Since that, fay for mnny years paft, nothing like popular ihterpofition, on this fiib* jed, has been heard of, in any part of our land. There IS no coiintry which is not, fomctimes, fubje£^ to irregu^ lar interpofitions of the people. There is no country able, .at all times, to puniih them. There is no country, which has lefs of this to reproach itfelf with, than the United States, nor any, where the laws have a more regular couri'e, or are more habitually and cheerfully acquiefccd in. Confident, that your own obfervatibu and informal^ on will have fatisAed you of this truth, I rely that the inference was not intendecWwhich feems to refult from thefe expreilions. ^ • ^ 1 , • \ Se£l. 51. Some notice is to be taken, as to the great de- ficiencies in colleflion urged on behalf of the Britifh mer- chants. The courfe of our commerce with Great Britain,was ever for the merchant there to give his corrcfpondent here a year's credit : So that we were regularly indebted from a year to a year and a half's amount of our exports. It is the opinion of judidious merchants, that it never exceeded the latter term, and that it did not exceed the former at the commencement of the war. Let the holders then of this debt be clafTed iiito, ill, Thofe who were infolvent .at that time. 2d, Thofe fulvent then, who became infol- Tcnt dunng the operations of the war, a numerous clafs. 3d, Thofe folvent at the clofe of the wir, but infolvent now. ' 4th, Thofe folvent at the clofe 6( the Ivar, who have fince paid or fettled fatisfadorily with their creditors, 'a numerous clafs alfo, 5th, Thofe folvient then and now, who have neither paid, nor made fatisfaftory arrangements with their credit6r8^ This laft clais, the only one now ia^ queftion, is little numerous, and the amount of their licbts but a moderate proportion of the aggregate which was due at the commencement of the war ; infomuch* that it is the opinion, that we do, not owe to Great Bri- tain, at this moment, of feperate debts^ old and oeMr more thitn a year, or a year and quarter's exports, the oiv dinary amount of the debt refulting from the commpo courfe of dciilinge. - ^ ■ ir- E 77 3 9r^. 5a. In drawing a compan'fon between the pro- Rrcrln»lM; ctredinga of Great Britain and the United States, you fay, ^^l^^^]l page a8, " The conduct of Great Britain, in all thi'fecuuru. * relpedts, has been widely different from that which .h«« been obfvrvrd by the United States. In the courts of law of the former country, the citizens of thf United States have experienced, without txceptlont the idmc protection and impartial diftrtbution of jultice, as the fubjedM of tlie crown." No nation can anfwer for perfect »xa£iitucic uf proceeding! in all their inferior courts It fuifices to pro- vide a fuprerae judicature, where all err ir and partiality will be ultimately corre^ed. With this qualification, we have heretofore been in the habit of confidering the admi- niftration of jullice in Great Britain as extremely pure. With the fgime qualificationj we hav^ no fear to riijc every thing, which a nation holds dear, on the aflcrtiooi that; the adminiftration of juftice here, will be found equally, pure. When the citizens of either party complain of the judiciary proceedings of the other, they naturally prei'ent but one fide of the cafe to view, and are, therefore, to be liltened tP with caution. Numerous condemnationa huve ^ taken place in your courts, of velfels taken from us after the expirations of the terms of one and two months (lipUf lated in the armiftice. The flate of Maryland has been xnaking ineffectual effortq, for nine years, to recover a fum pf £. 55,000 iterling, lodged iq the bank of England previous to the war. A judge of the king's bench latel/ declared, in the cafe of Greene, an American citizen, v. Buchanan and Charnock, BritiHi fubjetts, that a citizen of the United States, who has delivered £, 43,000 Iter- ling worth of Eaft India goods, to a Britifh fubje(5t at Oftend, receiving Jf^. 1 8,000 in part payment, is not enti- tled to maintain an a^ion for the balance in a court of Great Britain, though his debtor i^ found there, is in cuf- tody of the court, and acknowledges the fads. Thefe cafes appear ftrong to u^. If your judges have done wrung in them, we expe£t redrefs. If right, we expedt expbna- (ions. Some of them have already been laid before your court. The others will be fo, in due time. Thefe, and fuch as thefe, are the fn^aller matters between the two na- tions, which, in my letter of December 15, I had the honor to intimate, that it would be better to refer for fet- (lement through the ordinary channel of our minifters, than embarrafs the prefent important difcuffions with them« Such cafes will be conilantly produced by a colliiion of interefts in the dealings of individuals, and will be eafily ^d^ufted by a readinefs to do rJg^ht on bp()) Udesj regardle(4 of party. % C 7« 1 /fflrlttereft. Seft. 53. It it made an objcAion to the proeeedlngt of our legiflative and judiciary bodies, that they have renifed to allow intereft to run on debts during the courfc of the war. The dectfion of the right to this refts with the judi<. ciary alone, neither the legiflative nor the executive having any authority to intermeddle. The adminiftration of jufti^e is a branch of the fove« rdgnty over a country, and belongs esclufively to the nation iphabiting it. No foreign power can pretend to par> ' ticipate in ^eir jurifdidion, or (hat their oitizens received there are not fubje^ to it. When a caufe has been adjudged according {o the rules and forms of the country, its juftice ought to be prefuiped. Even ;rror in the higheft court which has been provided as the lail means of corre^iing the errors of others, and whofe decrees are, therefore, fubjedl to no further revifal, is one of thofe inconvenien- cies flowing from the imperfedion of our faculties, tq which every fociety muft fubmit; becaufe there muft b^ fome where a lait refort, wherein conteftations may end. Multiply bodies pf revifal as you pleafe, their number mui^ ftill be finite, and they mud finifh in the hands of falHhlo |nen as judges. If the error be evident, palpable, * et in re mtnime dubia, i% then indeed aflltmes another form, it f xcites prefumption that it was not mere error, but preme- ditated wrong, and the foreigner, aa well as native, fuffetv ^Pg hy the wrong, may reafonably complain, as for a wrong committed in any other way. In fuch cafe, there being no redreis in the ordinal^ forms of the country, a foreign prince may liilen to complaint frcm his fubjedl^ Soured by the adjudication, may enquire into its princi- pks, to prove their criminality, and, according to the magnitude of the wrong, take his roeafures of redreis by reprifal, or by a refuf^^ qf right on his part. If the denia| pf intereil, in our caie, be juftified by law, or even if it be againft law, but not in that grofs, evident, and palpa- ble degree, which proves it to flow from the wickednefs of the heart, and not error of |he head in the judges, then is it no caufe for juft complaint, much lefs for a reAifal of right, or felf redrefs in any other way. The reafons on which the denial of intereft is grounded fliall be ilated fummarlly, yet fufliciently to juftify the integrity of the judge, and even to induce a prefumption that they might be exttndc^ to that of his fdence alfo, were that material to the pre^. A:nt objed. SeA. 54. The treaty is the text of the law in the pre-i fent cafe, and its words are, that there ihall be no lawful imptdin^ent to the recovery of bona fide debts. Nothii)^ i| ' ''^ Ina manner Jxifcr^hls c^ i:o devils f 19 J fald of interefi on thofe debts : and the fole queftioa is, lattr^lUj whether, where a debt is given, intereli thereon flows from the general prmciples of the law I Intereft is not a part of the debt, but fomething added to the debt, by way of damage for the detention of it. This is tht definition of the Engfifti lawyers themfelves, who fay, ** Intereft is re- tovered by way of damagu * ratione detentionis debiti." 2 Salk. 622, 623. Formerly all intereft was confidered av unlawful, in every country of Europe ; it is ftill fb in Roman Catholic countries, and countries little commercial. From this, as a general rule, a £bw fpecial cafes are except*, ed. In France, particularly, the exceptions are thofe of minors, marftage portions, and money, the price of lands.. So thoroughly do their laws condemn the allowance of Intereft, that a party, who has paid it voluntarily, may recover it bftck ^in whenever he pleafes.- Yet this has never been taken up as a gro(s and flagrant denial of juftice, authorizing national complaint againft thofe governments* in England alfo all intereft vrzi aeainft law,~ till the Stat. ^7. H. 6. C. 9. the growing qptrit of commerce, no k>nger reftrained by the principles of th^ Roman churchy then firft began to tolerate it. llie fame caufes produced the dune tSe€t in floUand, andV perhaps,^ in fome other commercial and Cathouc countri be the nieafure of the damage^ the adiion being for a dehtt but in a cafe of another fort, the rule might be dif- ferent .'" his words, Dougl. 376, ** That intereft might be playable in cafes of delay, if a jury, in their difcretionj &a31 think fit to allow it." And the doftrine in Giles v. Hart; 2. Salk. 622, xYai damages,' or intereft, are but an acbeffary to the debt, which may be barred by circum- nances, which do not touch the debt itfelf^ fuffice to prove, that intereft is not a part of the de)bt,' neither compre- hended* in the t'hinig, nor in the term, that words, which pafs the debt, do nol give intereft neceflaVily, that the in- tereft depends altogether on the diferetioh of the judges and jurors^ who will goVern themfelves by alt exifting circum- ftances, will take the legal intereft for the meafure of their damages, or more, or lefs,' as they think right, will give it from the date of the contradl, or from • a year after, or deny it altogether, according as the fault or the fufiPerings of the one or the other party fhall dfftate. Our laws are, generally, an adoption of youre; and I do not know that any of the ftates have changed them in this particular. But there is one rule of youi*' and our law, which, while it proves that every title of debt^ is liable to a difallowance of intereft, undier fpccial circumftances, is fo applicable to' our cafe, that I fhall cite it as a text,- and apply to it the circumftances of our cafe. It is laid down in Vin. Abr. Intereft C. 7. and 2. Abr. eq. 5293, and elfewhere, in thefe words. " Where, by a general and national calamity ^ nothing is made out of lands, which are afligred for payment of intereft, it ought not to run on during the time of fuch calamity." This is exaftly the cafe in qucuion. Can a more general national cala'fnity be conceived than that \miverfal devaftation, which took place in many of thefe Rates during the war ? Was it ever more txaftly the cafe any where, that nothing was niadr out of the lands which ivere to pay the interefl ? The pro- duce of thofe lands, for \lb. of tobacco. At the fame time, thefe landS) and other property, in which the money of the Britifli creditors was vefted, were paying high taxes for their own prote^iion, and the debtor, as nominal holder, flood ultimate infurer of their value to. the credi- tor, who was the real proprietor, becaufe they were bought with his money. And who will eftimate the value of this ihfurancej or fay what would have been the forfeit, in a contrary event of the war? Who will fay that the rifk of the property was not worth the intereft of its price ? general calamity then prevented profit, and confequently (topped intereft, which is the lieu of profit. The crecUtor fays, indeed, he has laid out of his money ji he has, therefore, loft the ufe of it. The debtor replies that if the creditor has loft, he has not gained it : that this may be a queftioii between two parties, both of whom have lofl. In that cafe the courts will not double the lofs of the one, to fave all lo& from the other. That it is a rule of natural, as well as municipiil law, that, in queftioiis de damno evitan- do melior eft conditio poflidentis'. If this maxim be juft, where each party is equally iifnocenc, how much more fo, virhere the lofs has been produced by the ad of the credi- tor ? For a nation as a fociety, forms a moral perfon, and every member of it is perfon^ly refponfible for his fociety* It was the a£t of the lender, or of his nation which anni- hilated the [Jrofits of the money lent ; he cannot then de- mand profits which he either prevented from coming intd exiftence, or burnt or otherwife deltroyed after theyV^erc produced. If then, there be no inftrument or tljtle of debt fo formal and facred as to give right to intereft under all poffible clrcumftances, and if circumftarices of ekemption, ftronger than in the prefent cafe, cannot poffibly be found, then no inftrument or title of debt, however formal oi^ facred, can give right \o intereft under the circumftances of our cafe. Let us prefent tlie queftion in another point of view. Your own law forbade the payment of ihterefl when it forbade the receipt of American prdduce into Great Britain, and made that produce fair prize on its way from the debtor to the creditor, or to any other for his ufe and reimburfement. All perfonal accefs betweea creditor and debtor was made illegal : and the debtor who endeavoured to make a remitment of his debt, or intereft, muft have done it three times, t6 anfwer its getting once to hand: for two out of three vefTels were generally taken by the creditor nation, and fometimes by the creditor himfelf, as many of them turned their trading veffels into privateers* Where no place has been agreed on for the payment of a Mm t 8« 3 F«teMft; debt, the laws of England oblige the debtor to f#;k hw creditor wherefoever he is to be found within ike realms Coke Lit. 210. b. but do rtot bind him to go out of the* realm In fearch of him. This is our law too. The firft a£ty generally, of the creditors and their agents here, was ta withdraw from the United States with their books and pa^ pers. The creditor thus withdrawing from his debtor, fo as to render payment impoffible, either of the principal or ihtereft, makes it like the common cafe of a tender and refufal of money, after which intereft flops- both by your laws and ours. We fee, too, from the letter of Mr. Adamsy Ho. sj. Jwie, 16, lySSi No. 57, that the Britifh fecretary for foreign affaira was fenllble, that a Britifli ftatute having rendered criminal alt intercourfe between the debtor and creditor, had placed the artick of intereft on a different footing fi-bm the principal. And the letter of our plenipo- tentiaries to^ Mr. Hartley, the Britifli plenipotentiary for ifok 58. forming the definitive treaty, No. 58, fhows that the omif- fion to exprefs interejl in the treaty was not merely an over- ilght of the parties ; that its allowance was coniidered by our plenipotentiaries as a thing not to be intended in the , treaty, was declared againft by congrefs, and that declara* tion communicated to Mr. Hartley. After fuch an expla-- nation, the omifllon is a proof of acquiefcence, and an intention not to claim it. It appears then, that the debt and mtereft on that debt are feparate things in every country, and under feparate rules. That in every country a debt is recoverable, while, in moft countries^ intereft is refufed ia all cafes ; in others, given, or refufed, diminifhed, or aug- mented, at the difcretion of the judge; no where given- in all cafes indifcriminately, and confequently no where fo incorporated with the debt^ as to pafs with that ex vi ter-^ mini, or otherwife to be confidered a& a determinate and veftat thing. While the taking interefi on Wiottey has thus been confi- dered in fome countries, as morally wrong in all cafes, in others made legally right but in particular cafes, the taking profits from lands or rents in Ueu of profits, has been allowed every where,- and at all times^ both in morality and law.' Hence it is laid down as a general rule. Wolf, fe£l. 229'*' " Si quis- fundum alienum poffidet, domini eft quantum valet ufai fcimdi, e( poffeflons qtiantum valet ejus cultura et cura." But even in the cafe of lands' reftored by a treaty , the arrears of profits or rents are never reftored, unlefs- * ** If any otk is in fojffe^n of another* s landsyfo much be^ longs to the owner as toe ufe of the land is worth, and fo much to thep^ejfor as his labour and care are worth J' [ 83 ] -^ confi- es, in taking^ owed d lawy 229* antum ultura ^€y be particularly (lipulated.f " S! res vi pacis reftitu- Intereft, f ndse, reftituendi quoque funt fni^us a die conceffiomt" iays Wojf, re£t. 1224. And Grotius *' cui pace res conce- 4itur, ei et fru£lu8 conceduntur a tempore concejjionu: non HETRo/' L. 3. c. 20. f. 22* To place the right to into- rell on money on a level with the right to profits on land, is placing it more advantageoufly than has been hitherto authorized ; and if, as we have feen, a ftipulation to reitore lands does Qot include a ftipulation to reftore the hack pro* fisf we may certainly conclude, a fortiori, that the reilitu- tion of debts does not include an allowance of lack intere/i 9n them^ Thefe reafons and others like thefe, have probably ope- rated on the different courts to produce decifions that *' no intereft ftiould run during the time this general and national calamity laited." And they feem fumcient, at leaft, to refcue their decifions from that flagrant denial of right, which can alone authorize one nation to come forward with complaints againft -the judiciary proceedings of ano- ther. 3e£l. $$. The ftates have been uniform in the allowance of intereft before and fince the war, but not of that claimed during the war. Thus we know by ££. i.] the cafe of Neale's executors v. Sands in New York, and Mildred v. Dorfey in Maryland, that in thofe ftates, intereft during the war is difallowed by the courts. By (^D. 8,] 1 784, May, the a£l relating to debts due to perfons who have been, and remained within the enemy's power or lines dur- ing the late war. That Connecticut left it to their court of chancery to determine the matter according to the rules of ecjuity, or to leave it to referees ; by [E. 2.] the cafe of Oiborne v* Mifflin's executors, and {]£. 3.]] Hoare V. Allen, explained in the letter of Mr. Rawle, attorney of the United States, No. 59. And by the letter of Mr. No. 59. JLewis, judge of the diftri^ court of the United States, No. 60,, that in Pennfylvania the rule is, that where nei- No. 60. ther the creditor nor any agent, was within the ftate, no intereft was allowed} where either remained, they gave intereft. In aU the other ftates I believe it is left cUfcreti- onary in the courts and Juries, In Maflachufetts, the prac- tice has varied. In November, 1784, they inftru£t tlieir delegates in cong^efs tQ afk the determination of congrefs, whether they underftood the word " debts" in the treaty, f " TjT things are to be rejiored by virtue of the peace, the profits are alfo to be rejiored from the day of the ceflion. " To ^uhomfoe'oer a thing Is conceded by the peaces to htm alfo the profits are conceded, from the time of the concedioni ^UT NOT BACH." Inkereft. No.3> C «4 3 as including intereft ? and whether it is |heir oninioni th|^ intereft durinflr the war fliould be paid ? and at the faind time they pais [P. 9O ^^^ ^^ dnreAin^ the courts to fufpend rendering judgment for any inteirefk that might' have accrued between April 19, I775t and January 20» 1793. But in I7$7» when there was a general compliance ena^cd through all the United States, in order to fee if that would produce a counter-compliance^ their kgifla- ture pafled the a(£t repealing all laws repugnant to thd treaty* No. 33, and their courts, on their part, changed their rule relative to intercfl during the war, which they, have uniformly allowed fince that time. The circuit court of the United States, at their fcflions at in 1790, determined in like manner that intereft (hould be allowed during the war. So that on the whole we fee that, in one ftate, intereft during the war is given in every cafe, in another it is given whierever the creditor, or any agent forhini, remained in the country, fo as to be acceifible; in the others, it is left to the courts and juries to decide^ according to their difcretion and the circumftancbs of the cafe. TO RECAPITULATE. ScA. 56. I have, by way of preliminary, placed out of the prefent difcunion, all adts and proceedings prior to the treaty of PI.ACF, confidering them as fettled by that inftrument, and that tli: ^hen fiate of things was adopted by the parties, Wi ti fuch alterations only as that inftrument provided. I aave then t:iken up the subsequent acts and proceedings^ of which you complain, as infractions, diftributing them accord- ing to their fubjefls, to wit : I. Exile and Confiscations. II. Debts. III. Interest. I. ExiL]^ AND Confiscations. After premiiing, that thefe an^ lawful a£^s of war, I have (hown that tbe 5th article was re- COMMENDATORY, Only, its ftipulatious being, not to refiore the confifcations and exiles, but to recommend to the ftate legiflatures to reftore them. Thiat this word, having but one meaning, eftabliflies the intent of. the parties; and moreover, that it was particularly explained ^y the American negociators,' that the legiflatures would be free to comply with the recommendation or not, and probably would not comply. ' ■ That the Britifli negociators fo underftood it :; That the Briti(h miniftry fo underftood it : J^nd the members of both houfes of parliament, as well thofe whp '"mproTcd, as who difapproved, the article. Tl II. •I ' , f ceto buld' ^. E «s 3 I h^ve ftiown> that coogrefs did recommend earnefkly and bona fide: That the ffates refuted or complied, in a greater or lefs degree, ifccording to circumftances, but more of them, and in a greater degree, than was expected. And that compepfatton, by the Britifli treafury, to Britifli fuffer- ers, was the alternative of her own choice, our negociatort having offered to do that, if (he would compenfate fuch lofles at we had fuftained by ads unauthorized by the modern and modcr rate principles of war. XI. Before entering on the fubjed of dbbts, it was neceffiiry, 1. To review the Britiih infra^ions, and refer them to their cxaft dates. To (how, that the carrying away of the negroes preceded the 6tli of May, 1783. That inftead of evacuating the ujfer pofis with all convenient fpeed^ no order had been received for the evacuation^ Auguft 13, 1783* None had been received May 10, 1784. None had been received July 13, 1784. From whence I conclude none had ever been given : And thence, that none had ever been intended. In the latter cafe, this infirafiion would date from the fignature of the treaty. But fpunding it on the not giving the order with eon' venient J^ed., it dates {rom April, 1 783, when the order for evacuating New York was given, as there can be no reafon, why it (hould have been inconvenient to give this order as ttAf, The INFRACTION then, refpe^ing the upper posts, was l;efpre the treaty was known in America. That refpe£fctng the negroes was as foon as it was known. I have obferved, that thefe infradions were highly injurious. The firft, by depriving us of our f ur tri^de, profits^ble in itfelf, and valuable as a mians of remittance for paying the debts ; by intercepting our friendly and neighbourly intercourfe w^th the Indian nations, and confequently keeping us in conftant, e:^pea- five, and barbarous war with them. The fecond, by withdrawing the cultivators of the I^H, the p|fo« dttce of which was to pay the debts. 2. After fixing the date of the Briti(h infrafkions, I h^yp fhaT^t That as they preceded^ fo they producedt the afls on our part com- plained of, as obftacles to the recovery of the debts. That when one party breaks apy ftipula^ion of a treaty, the other is free to break it alfo, either m the yirhole, or in equivalent parts, at its pleafure. That congrefs having made no ele^Uons, f!our of the ftates affumed, feparately, to modify the recovery of debts. . y. By indulging their citizens with longer and more pra£UcabIe ^m^ yf pa^men^. r 86 ] t. By liberating their bodies from execution, oa their delivenng property to the creditor, to the f|ill amount of his deotand, oh a fair appraifefnent, as praAifed always under the elegit. ' 3. By admitting, during the iirft moments of the non-exiftence of coin aqiong us, a difcharge of executions, by payment in paper money. That the firft of thefe afUof retaliation, was in Pecember, 1783, nine months after the infra^'ons committed by the other party. And all of them were fo moderate, of fo fliort duration, the refult of fuch neceffities, and fo produced, that we might, with con- fidence, have referred them alterius principus, qua boni viri^ arbitrio. 3. That induced, at length, by aflurances from the Britiih court, that they would concur in a fulfilment of the treaty, Congrefs, in 1787, declared to the flates, its will, that even the ap« pearance of obftaqle| raifed by their a£ks, fhpuld no longer cput tinue. And reqiiired a formal repeal of every a£l of that nature ; and to avoid queftion, required it, as well from thofe who had not, as from thofe lyho had paffed fuch ads; which was complied with fo fully, that np fuch laws remained in any ftat^ of the union, except one; And even that one could not have forborne, if any fymptom of compliance from the oppofite party, had rendered ^ reit^ated requifition from congrrefs important. 4. That, indeedy^ the requiring fuch a repeal, was only to tai^e away pretext. - For that it was, at all times^ perfedly underftood, that treaties, cONtrocled the laws of the ftates, * The confederation having made them obligatory on the whole : Congrefs having fo declared and demonftrated them : The legiflatures and executives of moft of the ftates, i^vi^g ad- mitted it: And the judiciaries, both of the feparate and general governments^ fo deciding. ^hat the courts are open every where, upon this principle t * That the Britifh creditors have, for ferae time, been in the hal^t and courfe of recovering their debts at law. That the dafs of feparate and unfettled debts contraded before the War, forms now but a fmall proportion of the original^ ' amount. That tlft integrity and independence of the courts of 'yi&ice, in the United States, are liable to no reproach. Nor have popular tumults fumifiied any ground for fuggefting, that either coQrts or creditors are ovei'-awed by them in th^r p]ro- ^edings. -* / t «7 3 Ml. Proceeding to tlie article of Interest, I have obfem^j That the decifion, whether it (hall or (hall not be allowed dunug the loar, refts, by our conftitution, with the courts^together. That if thefe have generally decilenipotentiarie8« previous 1o the d^Ulve tnatyf and the filence of that inftrumenti afford' proof that intertft was not intended, on our part, nor infifted on, .. on the other i That were wr to admit intereft on money, to equal favor with profits on land, arrears of profits would not be demandable in . the prefent cafe, nor consequently arrears of intereft i And, on the whole, Without undertaking tb fay what the law is, . which is not the province of the executive, , We fay, that the reafons of thofe judges, who dehy intereft during the war, appear fufficiently cogent t ?o account for their opinion On honeft principles : o exempt it from the charge of palpable and flagrant wrong, in re minimi dubia : And to take away all pretence of withholding exeeutiott of the treaty, by way of reprifal for that caufe. Se£t. 57. I have now, fir, gone through the fevefal a As and pix)ceedings enumerated in your appendix, as infrafiions of the treaty, omitting, I believe, not a fingle oi»^.>, as may be feen by a* table hereto fubjoined, wherein every one of them, as marked and numbered in your appendix,- is referred to the fe^tion of this letter, in which it is brought into View, and the reful£ has been as you have feen, . I. That there "Mn no abfolute i^ipnlation to reffore a^cer'crrt cOn- fifcations,' and that none fui/eqttent took place. 2. That the recovery of the debts was obftru£(ed vaUdly in none of our ftates, iavalitffy only in a few, and that not till long after the io^ fra£lions committed on the other fide ; and . 5. That the decifions of courts and juries againft the claims of intereft, are too probably founded, to give taufe for queftioning their integrity. Thefe things being evident, I cannot but flatter myfelf,' after the aflurances received firom you of his Britannic majefty's de- fire to remove every occafion of mifunderftanding from between us,' that an end will now be put to the difquieting fituation of the two Countries, by as complete execution of the treaty as circumftahces render pra^cable at this late day : That it is to be done fo late, has been the fource of heavy loffes of blood and tr^afure, to the United States. Still our defire of friendly accommodation is, and has been, conftant. No " lawfulimpediment has been oppofed to the profecution of the juft rights of your citizens." And if any inftances of unlawful impe- diment have exifted in any of the inferior tribunals, they would, like Other unlawful proceedings} havt been over-rulA on an appeal to the A. I. § 2. 2, § 2. 3* § ^^ 4* § 2. 5- #19. 6. J 2. 7- J> 2. 8. § 2. 9. § 2. 10. § 2. ti. § 2. 12. M. H- § 2. 14. § a. 15- § 2. 16. § 2. «7. § ^' 18. § 2. 19. § 2. 20. §2. 21. § a. 22. § 2.. *3. §2. 24. § 2. . ' t 89 1 jjighei- courts. If not overruled there, a toiAplaint to the governmefkt would have been regidar, and their interfhvnce probably effedtual. 1/ your citiEens would not profecute their rights^ it was impoflible they Ihould recover them* or be denied recovery y and till a denial of right through all the tribunals, there is no ground for complaint, much left for a refufal to comply with fdcmn ftipuIatton8,.the execution of which is too important to us ever to be difpenfed with. Thefe diffi» cuhies being removed from' between the two nations, I am perfuaded the interefts of both will be found in the ftri^eft friendmip. The confiderations which lead to it are too numerous and forcible to fail of their effied ) and, that they may be permitted to have their full effe£l, no one wiflies more finccrcly, than be who has the honof lb be, vrith fentiments of the moft perfed efteem and refpefl. Sir, Your moft obedient, and moft humble fervant, TH. JEFFERSONa PHILADKI.PMIA, May 29th, 179%; 1 I fl ll •rnf con- iims 01 A. I. fl. 3* 4* 5- 6. 7- 8. 9- 10. II. 12. 1^ 14. »5- 16. 17- 18. 19. 20. 21. 22. 23- 24. § 2. 1 A.2 jf. § § 2. I 26. § § 2. § 2. $19. S> 2. § 2. § 2. § 2. i a- § 2. § 2. § ». § 2. § 2. § 2. § 2. § 2. § ». § 2. r2. § 2. 27. § 28. § 29. $ § § 30- 3»- 33- 34- B. 1. § 2. § 3. § 4. § 5. § 6. § 7. § S.§ 9. § io« § C. I. § i. § 3. § 4. § i, 2. 2. 3. 2. 2.I0 11. .1 i/|: »7- 2. ai. 12. 12. 10. II. II. 10. 10. 14* 14. 12. 21. 10. 18. C. 5- 6. 7. 8. 9- 10. II. 14. 13- 14. 16. >7. 18. 19. D. 1. 2. 3- 4- 5 § § § § § 6. § 7. § 8. § 9* § ^3- 13. 12. 8. II. a. \ aow 20» 20. ao. a. 16. 2.41* 2. a. 41. 2. 2. 2. 2. 30- a.: 31. 55' 11. ^ 12. § i3' $ r.14. $ m 15. ^ 16. 17. ao. at. 22. I. 2. E. 3- 4. 5- 7- 8. 9- § § § § a. 12.14, 32. 33- 31- 34- a.32V 13. 33* 34- 3»' 3'* 3«' 55- .5f- 55- 40.44* 2. 30.. 3°' 41. 4** ' impe- i, like Ito the K « C 90 J 14 O. ^ 9. 191. C.3?. »775. JSa.3. cy. 16 G. 3. C. J. A P P E K D I X, No. I. Au at^ fur the better fecuring and prcfervinjif 4ii« niajr. Hy'fldock.yard«, magaalnes, ftiipi, ammunition aad ftorea. See I. jouraal congrels, 68, *' peifoni tbarged with com. mttting any offence therein defcnbed, in any place out of the realm, may be tried any where within the realm, whereby inhabitants of thefe colonic*, may in fuadry cafti by that ftatute made capiul, be deprived of a trial by peera of the vteinage.** Au aA to difoontinaCf til fuch manner, am! for fucli time as arc therein mentioned, the landing and difchurg. ing, lading «r ftiipping, of goods, wares and merchandize, at the town, and within the harbour of Bolbn, in the province of Maflachufetts Dav, in Nbrth America. An a£k for the tmpartial adminillration of juftice in the cafes of perfotiti queltioned for any a£(s done by them in thu execution of the law, or for the fuppreflicn of riuts and tumults iu the yntihyx of the Maflachufetts &iy, i» New England. An a£i to reftrain the trade and commerce of the pro- vinces of Maflachufetts Bay and New Hampfhire, and colonieb of ComieAiait, and Rhode Ifland and Providence Phintations, in North America, to Qreat Britain, Ireland, and the Britifli iflands in the Weft Indies, and to prohibit fuch prpvincel and colonies from earrymg on any fifliery on the banks of Newfouhdland, or other places therein pnentioncd, under certain conditions and limitations. An aft to amend and render more effectual in his ma- jelly's donoinions in America, an aft pafled in the prefent feffion of parUamient, entitled an ad for puniihing mutiny and dcfertion, and for the better payment of the army, and their quarters, and for extending the provifions of the faid a£t to his majeftyls marine ftirces in Amierica. An ajft to prohibit all trade and intcrcourfe with the colonies of New Hampfhife, Maflachufetts Bay, Rhode ifland, Connefticut, New York, N«w Jerfey, Pennfylva- the three lower counties on Delaware, Maryland, nia Virginia, North Carolina, South Carolina, and Georgia, during the continuance of the prefent rebellion, with the faid colonies refpeftively ; for repealing an acl made in the 14th year of the reign of his prefent majefty, to dif- contii4|Ue the binding and difciiarging, hiding or Shipping of goods, wares and merchandize, at the town, and witln'ii tlie harbour of Bofton, in the province of Maflachufctt} Bay, and alfo two ads made iu the laft feflion of parlia- ment for reftraining the trade and commerce of the colo^ ill the faid ads reipe£lively mentiontd, and to enablt: nies ajiy pcrfcn or pcrfons fppointed, and authoviz.ed by bin C 9» J mtjcily to grant pnrdonn, to i(Tuc proclamations in the caU's and (or the purpofcs therein mentioned. An a£l for enabling the cummiflioncTa for executing the C. office of lord Mgh admiral of Great Britain, tu ^rant L-oromiflions to the commanders of private ifaips and venc-lx rmployed in trade, or retainrd in his majcfty'i fcrvice to take nnd make Drize of all ftich fhips and vcfleh, and ihcir cargoes as are therein mentioned, for a limited time. An a6l to empower hit majcfty to fecure and detain per- r-; Tons charged with, or fufpciled of the crime of high trea- !J fan, committed io any of his majeftv'a colonies or plan- tations in America, or on the Uigh ieaa, or the vrin-u: of piracy. No. a. (Copy) i6 O. 111. C. 5. ^. 4. And be ic further enaAed by the authority nforefaid, That it ftall and may be Uwful to and for the faid flag officera, captains and commanders refpcAively, to caufe to be taken or put on board any of hit m^efty's (hips or veflels of war» or on board any other (hips or vef- fels, all and every the matters, crewt and other perfons, who (hall be found on board fttch fl^ip and fliipt aa fliall be feized and taken at . prize at aforefaid, and alfo to enter the namea of fuch of the faid qtarxnert and crews* upon the book or books of hit majefty't lat^ ihipt or veflels, as they the laid flag ottcers, ca||»famt and eommaoders, fliall refpedivelyi think, fit ; IroA the time and tmetof which faid entries refpeflivrly, the faid mariners and crews Hiall be confidered, and they are hereby declared to belong to, and, be as much in the fervice of his majelly, to all in- tents and purpofes, as if the faid marinert and crews had catered themfclve« voluntarily to ferve on borird his ma- jrfty's faid fltips and veflels refpcdivdy, and alfo that it Hiall and may be lawftd to and for the faid flag ofliccre, captains end commanders reipe^ktvely, to detain, or caiife to br detained and kept, the maAera and other pevfons, and aU'o fuch others of the mariners and crewt of the faid prize fhips as fliall not be catered upon the books of kit maje(ty'« fliips or veflels of war as aforefaid, lA and oH board any Hiip or fliips, veflel or veflels whatfoever, until the arrival of fuch lall mentioned fliips or veflels in foflv port in Great Britain or Ireland, or in any port of America, not in rebellion, and upon tbe arrival of thofe fliips co^vcfTcIs in any fuch port the commanders thfreof are henn>y re- fpeclively authorized and required immediately to fet tlv; faid laft mentioned mariners and crews, and alfo th<* iaif\ aialttnj and otlier perfons, at lil)Ciiy on fliorc tb^re,. t 9^ 1 No. 3. « 'New York, i^t^ March, 178 J, iRf By the Halifax packet, wc have received a difpatch, from Mr, Townfhend, one of his majefty'tt principal fccretaries of ftatc, dated ihe 31ft of December, 1782, enclofing a treaty figned at Paris, on iLe 30th of November, which we are direfled to tranfmit to congrefs. *— -leaving been thrown, fir, into the courfe of making all communi. cations to congrefs through your excellency, we know not how, with more propriety, to mak« the communication required, than through ^he accuftomed channel ; we, therefore, enclofe in the prefent letter, this inftrument, and are to requeft of your excellency that you will, in the molk fpeedy manner, forward the fame to congrefs. We are, Sir, your Excellency's moft Obedient and moft humble fer^ants. (Signed) His ExceBency Qeflf Wafhington^ GUY CAKI.ETON> RO?T. DIGBY. No. 4. '^xiraB of a Letter from Sir Guy Carleton to Rolert R. Livin^on, Effuref dated New Tprkf March 26th, l^f^%^ Sir, t HAVE re«:ei\;ed your letter of the 24th inftant, enclofing a I'efolution of congrefs pf the fame date, taken in confequence of the jirrival of the cutter Triumphe, commanded by Lieutenant Duquefne, cvith orders of the loth of February laft, given at Cadiz, by Vice- Admiral D'Eftaing, for him to put to fea, and cruife on fuch ftati- ons as he fliall judge mc^ likely to meet with fliips of his nation, and inform them of the happy reconciliation of the belligerent powers, ^nd to order all their fliip3 of war to ceafe hoftilities againft thofe of Great Britain, the pr^iminary articles of a general peace being figned the 20th of January: You thereupon .are pleafed to exprefs your expefiation that I woulj^ think the information thus conveyed, '^ Sufr iiciently authentic to juftify my taking immediate meafures to ftop the further effufion of blood.*' To adopt a meafure of this importanceit it is neceflary I fiiould J'cceive orders frdK home, which I may reafonably exped: every hour, ias a cruifer fent out on other purpofes, is already arrived at Philadel- phia, and I affure you, fir, I only wait the official certainty of this jgreat event, to airumc the language, and the fpirit too, of the tnolt berfejSt CQOciliation fuid p< ace^ C 93 ] No. 5. Co^ of a Letter from Admiral Dlghy to Robert R. Livingjon, Efquire, * " New Tori, 2ph, March, 1 783. Sir, I H AV E received your letter, enclofmg me the refolve of con- grefs, with a copy of a letter to his excellency Sir Guy Carletoo, but as I have as yet received no official accounts from England, I mull wait till you, on your fide, relieve our prifoners, before I give that general relief to yours I fo much wifh. There can be no reafon for detaining our prifoners one moment, as congrefs muft fup- pofe the peace figned, I fhall take every precaution in my power, confiftent with my duty, to flop any further mifchief upon the feas, but fhould recommend the preventing any veiTels failing, as I have not yet received fufficient authority to enable me to withdraw my .cruifers. I am. Sir, Your very obedient humble fervant, ROBT. DIGBY. Appendix 1-6. A. 4. IP. D. 16. A. 20. 26. J>. I. No. 6. Maryland. A£t compelling creditors to take the debt- or's land at an appraifed value. Pajfed before the war. Rhode Jfland. Paper money made a legal tender. MiPft Jfune, 1775. Rhode I/land. Ad to confifcate and fequeiler eftates and baniih perfons of certain defcriptions. Odober, 1775- Rhode Ifland. Paper money made a legal tender. 'JaaU' ary, 3^t*fyj September, 1 776. Rhode Jfland. Kd to coniifcate, fequefter and banifh, as before, in Odober, 1775. February, March, May, j^une, July, Augufi, OQcber, 1776. Heio Jerfey. Aft to punifli traitors and difaffefted perfons, Oaober \, 1776. Rhode Ifland. Paper money made a legal tender. February^ Virginia. Aft for fequeftering Britifh property, enabling thofe indebted to Britifh fubjefts to pay off fuch debti. OSober, 1777. North Carolina. Aft for coidSfcating the property of all fuch perfons as are inimiclf to the United States. AV vember, 1777. North Carolina. Aft 'for eflablifliihg courts of law( and fori regulating the proceedings thereiii, Sec. 1 01. November, * ^ f ' , « . . ^ / . . [ Appendix C 74 1 A. 2. Jf5- 14. 21. Y. X2. 27- 41. 22. 3*- 6. 23- E. 5. A. 7. 9. MaJfaehvftUi. AA to prercnt the return of certain perfont therein named, and others who had left that ftate or either of the United States, and joined the eneniic» there* of, J 778. Rhode IJland. Ad to confifcatc, fcquefler and baniih^ as in Odober, 1775. February, OftobeTi 1778. Delaivare. A6t declaring eft ates of certain perfon^ forfeited, and themfchres iticapabTe of being elected to any office. February 5, 1778. rennfyhania. AA for the attainder of divers trattar», and far vefting their eftates in the commonwealth, if they render ndt themfetves by a certain day. March 6, 1778. New Jerfey, Aft for taking charge of and leafmg the real eftates, and for forfettiftg peiional eftate*^ of certain fugitives and oiFendera. Jlpril 18, 1778. New Hampjbire. Aft to confifcate eftates of fundry perfons therein named. November 2%, 1778. New Jtrjey, A6i for forfeiting to, and vefting in the ftate, the real eftates of certain fugitive offenders. December II, 1778. iMqffachufetts. Aft to confifcate the eftates of ceitain noto- rious confpirator^ againft the government and liberties of the inhabitants of the late province, now ftate, of Ma£> iachufetts Bay, 1779. * North CaroRna, Aft to carry into efife^ the aft of Novem« , ber, 1777, fo*" confifcating, &c. yanuary^ 1779* Rhode JJlattd, Aft to confifcate, iequefter and banifti, as in Oftober, 1775^ February^ Mays Augi^ September, OiUAer, ITl^ F7$vitua, Aft concerning efcheats and ftHrfnturcs from Bri« ttftl Mijcfts, May, 1779. Virginia, Aft to amend the aft concerning c£chcats, &c. May, r779. Firgitiia, Aft for the removal of the feat of government. May, 1779. New Tork. Aft for the forfeiture and fales of the eftates of perfons who have adhered to the enemies of the ftate. Oaober 22, 1779. Firgiitia. Aft to amend the aft concerning efcheats and forfeitures. Oaober, 1779. Virginia, Aft for the proteftion aiid encouragement of the commerce of nations acknowledging the ipdcpettdeace of the United 8ta«$ of America. OBober, 1779. Neof Tori. Aft for the immediate fale of part of the con- fifcated eftates. March 10, L780. \ New Tork, Aft approving the aft of congrefs, relative to the finances of the United States, and making provifion for redeeming that ftate's proportion of bills df credit. yhne 15, 17?0. C 95 3 Appendix A.- 4. I Rhode Ifdnd,'A€t to eonfifcstte, fequefter wad banifh, in Odober, 1775. Jtdyt September, OSoier, 1780. 9. iVirw TorL A£l to procure a f«m of fpecie, for the pur-i pofe of redcemiiig tile bills emitted, 6ec. Odoher j, . 16. . MaryltmJ. A€t for caUinj^ out of circulation the quota oi the ftate, of the1>iUs of credit iffued by congrcfs. Sec* il, Oaoier, 1780. , 17. Marjimd. A^ to feizc, con££:Me and appropriate all Bri- tifli {n-opcrty within' tiie ftate. O&ober, 1780. 18. Maryland, A&. to appoint commlffioncrs to preferve con- fitoated Briiiih property. 0 Maryland. Ad for the beneltt of the children of Majoi Andre^/ Leitch. jfme l^, 1782. 4. Rhode JJland. Ad to contifcate, fequefter, and baniHi, al in Odober, 1775. J""'* OHober, November, 1782. 13. New Jerjey, AA fuppkmental to the oA of Odober 4^ 1776, to puniih traitors iRid difaffc61ed perfons. OOol 3, 1782. D. 4. Virginia, Ad to amend an ad, entitled. An ad to rep fo much of a former ad, as lufpends the ifluing exeautioni on certain judgments till December, 1 783. OHober, 1 782^ November 30, the provifional articles between the United States and Great Britain, are figned at Paris. ' i783« V # 'W '^■ 4 lAppendi& C. IS- 17- [ A« 4* 29. I, 16. 18. f 96 1 , . / January 2otli, preliminary articles between Fraflce ftixl Great Britain are figned at Paris, alfo epochs fixed for ceflation. 1783. P^nnfyl^ania, Ad to attaint H.. Gordon, unlefs he rurren-> der himfelf before a given day (July 24, 1783.) and the feizk< t of his ettates by the agent of forfeited eftateff confirmed. January 31, 1785. Georgia. A.€t to point out the mode for the recovery of property unlawfiUly acquire? under the Britifh'ufurpationy and withheld from th '^.'^ iit ownersi and for other pur- pofes. February 17. 1783. Rhode yiand. PiSi to confifcatCi fequefter and banifh, as in Odlober, 1775* February i May^ June, Odobi^r. i'j%$. [This of O&ober, 1783, is the fame probably aa C. 14.} March 15, the provifional articles are in Ofwald's paper, Philadelphia* 1783. South Carolina. To amend the a£lof February, 26, 1782^ March 16, 1 783. Neiv Tori. A&. for granting a mbre efifeftual relief in cafes of certain trefpaffes. March if, 1783. New Tori* A&. for fuipending the profecutions thcreiif mentioned. March 21, 1783. We nefty perlon comm in CO No. 7. (Copy) Paris, ^h November, I'jBie GentlemSk, ' ,1 Y O U may remember, that from the very firft beginning ot our legociation for fettling a peace between Great Britaiiniind America^ infiiled that you Ihould pofitively ftipulate for the reftoration of the i»roperty of all thofe perfons under the denomination of the Loyalifts br Refugees, who have taken part with Great Britain in the prefent or if the property had been re-fold, and paiTed into fuch variety |>f hands as to render the reftoration impracticable (which you afTcrt- to be the cafe in many inftances) you fhonld ftipulate for a collie enfatioh or indemnification to thofe perfons adequate to their loifes.- . ?o thefe prupofitions, you faid you could not accede. Mn Straehey, ince his arrival at Paris, has moft ftrenuoufly joined me in infifting ipon the faid reftitution, compenfation, or indemnification, and in lying before you every ar^ment m favor of thofe demands, >unded upon national honor and upoirthe true principles of juftice. Thefe demands you muft have underftood to extend not only to- all cfons of the above mentioned dsfcription, who have fled to £u- jpe, but likewife to all thofe who may be now in any parts of forth America, dwelling nndev the protedion of his majefty's arms, br«therwife. * [ 97 3 We have alfo infifted upon a mutual ftipulation for a general am# nefty on both fides, comprehending thereby an enlargement of al) perlonSf who, on account of offences committed, or fuppufed to be committed, fince the commencement of hoftiltties, may be now in confinement, and for an immediate re-pufleflion of their pro-> perties, and peaceable enjoyment thereof, under the government of the United States. To this you have not hitherto given a particukv or dire£i anfwer. It is, however, incumbent upon me, as commiflioner of the king of Great Britain, to repeat thofe feveral demands, and, without go« ing over thofe arguments upon paper, we have fo often ur^ed in ^on« verfation, to prefs your immediate attention to thefe fubje^s, and tp urge you to enter into proper ftipulations for the reftitution, com" penfation, and amnefty above mentioned, before we proceed further m this negociation. I have the honor to be, &c. RICJiARP OSWALP. To J. Adams, B. Franklin, and J. J;iy, Efquiresy Comtnyjioners from the Thirteen United Statef of ylnuricOf for treating of Peace between the f aid Staffs and the King •f Great Britain* No. 8 Sir, »78j,, I N anfwer to the letter you did us the honor to write on the 4tH inftant, we beg leave to repeat what we often faid in converfation^ viz. that the relloration of fuch of the eftutes of refugees as have been confifcated, is impra£licable, becaufe they were confifcated by laws of particular flates, and in many inltances have paffed, by legal titles, through feveral hands. Beiides, fir, as this is a matter evident-* ly appertaining to the internal polity of the feparate ftates, the con-* grefs, by the nature of our conftitution, have no authority to inter« fere with it. As to your demand of compenfation tp thofe perfons, we forbear enumerating our reafons for thinking it ill-founded : In the moment of conciliatory overtures it would not be proper to call certain fcenes into view, over which a variety of confiderations (hould induce both parties at prefent to draw a veil. Permit us, therefore, only to re* peat, that we cannot ftipulate for fuch compenfation, unlefs on your part it be agreed to make retribution to our citizens for the heavy lofles they have fuftained by the unneceifary deftrudiioa of priyjitQ property. » We have already agreed to an amnefty more extenfive than juft!ce required, and full as extenfive as humanity could demand : We can, therefore, only repeat, that it cannot be extended farther. We (hould be forry if the abfolute impoflibility of our complying further with your propofitions, fhould induce Great Britain to continue the war for the lakc of thoft: who caufed and prolonged it : but if t|)Si| 0» :•-,/: JOHN ADAMS, B. FRANKLIN, JOHN JAY. C 98 ] * (hould be the cafe, we hope that the utmoft latitude wiQ not be again given to its rigours. Whatever may be the iffue of this negociation, be affured, fir, that we (hall always acknowledge the liberal, manly, and candid man- ner, in which you have condu6^ed it, and that we (hall remain with the warmeft fentiments of efteem and regard, Sir, yours, &c. To Richard Ofwald, Efquire, his Bri- tannic Majefiy*s CommijiJionery for treat- ing of Peace with the Commtjjioners of the United States of Anurica. No. 9. Extra£ls from Mr. Adamses Journal rejj^ding Peace, Monday. November 11, 1782. Mr. Whitefoord, the fecretary of Mr. Ofwald, came a fecond time. We fell foon into politics. I told him the French minifter at Philadelphia had made fume reprefentations to congrefs in favor of a cpmpenfation to the royalifts, and the Count de Vcrgennes no long- er than yeftcrday faid much to me in their favor. The count prob- ably knows, that we are inftrufted againft it — that congrefs are in- ftru£ied againft it, or, rather, have not conftitutional authority to do it — that we can only write about it to congiefs, and they to the ftates, who may, and probably will, deliberate upon it eighteen months before they all decide, and then every one of them will de- termine againft it. Friday, No%emler 15, 1782. Mr. Ofwald came to vifit me, and entered, with fame freedom, into coriverfation. — He faid he had been reading Mr, Paine's anfwer to the Abby Raynal, and had found there an excellent argument in favor of the torics. Mr. Paine fays that before the battle of Lex- ington, we were fo blindly prejudiced in favor of the £ngli(h, and fo clofely attached to them, that we went to war at any time and for any objeft, when they bid us. Now this being habitual to the Ame- ricans, it was excufable in the tories to behave upon this occafion, as all of us had ever done upon all others. He faid if he were a member of congrefs, he would (how a magnanimity upon this occafion, and would fay to the refugees, take your property— -we fcom to make any ufe of it in building up our fyftem. I replied, that we had no power, and congrefs had no power, and, therefore, we muft confider how it would be reafoned upon in the fe- veral legiflaturcs of the feparate ftates, if, after being fent by us to congrefs, and by them to the feveral ftates, in the courfe of twelve ov fifteen months it (hould be there debated. You muft carry on the war fix or nine months ceilainly for this compenfation, and confequently fpend, in the profecution of it, fix or nine times the fum neceflary to make the compenfation — for I prefume this war cofts every month to Great Britain, a larger fum than w^ould be nece(rary to pay for th© forfeited eftates. ^ y as ember and make ^ L 99 ] England means by infifting on our compenfating thefe worft of tnemieS) to obtain from us a tacit acknowledgement of the right of the war, an implicit acknowledgement that the tories have been juf- tiiiablet or at lealt excufeble, and that we, only by a fortunate coin- ridence of events, have carried a wicked rebellion into a complete Jrevolutionk At the very time when Britain profefles to defire peace, reconcili- ation, pei-petual oblivion of all pad unkindnefles, can (he wi(h to fend in among us, a number of perfons whofe very countenances will bring frefh to our remembrance, the whole hillory of the rife and progreu of the war, and of all its atrocities ? Can (he think it conciliatory, to oblige us to lay taxea upon thofe whofe habitations have been confumed, to reward thofe who have burned them ? Upon thofe, whofe property has been ftolen, to reward the thieves ? Upon thofe whofe relations have been cruelly de(lroyed, to compenfate the mur- derers ? Sunday,. A'ovfw^w 17, 1782. Mr. Vaughan came to me, yefteid 'y, and faid that Mr. Ofwald bad that morning called upon Mr. Jay, and told him, if he had known as much the day before, as he had fmce learned, he would have written to go home. Mr. V. faid, Mr. Fitzherbert had received a letter from Lord Townfliend, that the compcnfaticn would be in- fifted on. Mr» Ofwald wanted Mr. Jay to go to England — ^thought he could convince the minlftry. Mr. Jay faid he mult go with or without the knowledge and advice of the court, and in either cafe it would give rife to jealoufies. He could not go. Mr. Vaughan faid he had determined to go, on account of the critical (late of his iamily, his wife being probably a bed, he (hould be glad to converfe freely with me, and obtain from me all the lights and arguments againll the tories, even the hiftory of their worll actions — that in cafe it ihould be necelfary to run them down, it might be done, or at lea(t €xpofe them, for their tnie hiftory was little known in England. I told him, I mult be excufed, i*^ was a fubje^ that I had never been de(irous of obtaining information upon ; that I pitied thofe people too much, to be willing to aggravate their furrows and fuS^rings, even of thofe who had deferved the word. It might not be amifs to reprint the letters of Bernard, Hutchinfou and Oliver, to (how the rife — it might not be amifs to read the hiftory of Wyoming in the annual regifter for 1778 or 9, to recollect the prifon (hips, and the churches at New York M^ere the garrifoos of Fort Waftwngton were ftarved, in order to make them inlift in refugee coips, it might not he amifs to •recoUe6t the burning of cities, and the thefts of plate, negroes, and tobacco. . ' I entered into the f<^me Frguments with htm that I had ufcd with Mr. Ofwald, to (how that we could do nothing — congrefs nothing — the time it would take to confuh the ftates, and the reafons to be- lieve, that all of them would at laft decide againft it. I (howed him that it would be a religious queftion with fome — a moial one with others, and a political one with more. — An economical one, with very 4— J.AS«J . ,1.. C xoo ] ' Uir. I fliowed him the ill rfFcA which would be produced upon the American mind, by this meafure — how much it would contribute to ^rpetuate alienation againft England, and how French emiflariei might, by means of thtrfe men, blow up the flames of animofity and Waft 4'ftiowed him how the whig intereft and the oppofition might ilvail themfelves of this fuhjefl in parliament, and how they might cmb^rrais the minifter. He Went out to Pafly for a paflport, and in the evening called up- tin me again-Si^he faid he found Dodlor Franklin's fentimcnts to be the (ztAt with Mr. Jay's and mine, and hoped he (hould be able to convince JLtot-d iShelbume — he was pretty confident it would work right — The Ininiftry slnd nation were not informed upon the fubjed. Lord Shel- bufne had told him that no part of his office gave him fo much pain dB the levee he held for thefe people, and hearing their (lories of their fartiilieii and eftates, their lofles, fufferings, and diftrefles. Mr. Vaughan faid he had picked up here a good deal of information about thefe (leoplcy from Mr. Allen and other Americans. Friday, November tg, 1782* Met Mr. FitRherbert, Mr. Ofwald, Mr. Franklin, Mr. Jay, Mr. Laurens, and Mr. Strachey, at Mr. Jay's hotel d'Orleans, and fpent the whole day in difcuffions about the fifhery and tones. I propofed a hew Hftide concerning the fifhery — it was difcufled, and turned in every light. Mr. Fitiherbert faid, the argument is in your favor, I muft confefS) your reafons appear to be good ; but Ofwald's inftrufti- biiS Were fuch, that he did not fee how he could agree with us. I replied to this-^The time is not fo prefllng upon us, but that we ^an Wait till a courier goes to London with your reprefentations up- %ii this fubje£t, and others that remain between us, and I think the tnlniftefs mull be convinced. Mn Fitzherbert faid, to l^nd again to London, and have all hid ibbfe before parliament, was fo uncertain a meafure, it was going to fsA again* Upon this Dodor Franklin faid, that if another meffenger was to DC fent to London, he ought to carry fomcthing more refpedting a cothpenfation to the fuffcrers in America. He produced a paper from his pocket, in which he had 'drawn up a claim, and he faid the firft |>rinc{ple of the treaty was equality and reciprocity. — Now they de- manded of us payment of debts, and reftitution or compenfation to the refugees. If a draper had fold a piece of cloth to a man upon credit^ and then fent a fenrant to take it Axjm him by force, and af- ter bring his a£Hon for the debt, would any court of law or equity ^ve him hit demand without obliging him to reftore the cloth. Then he ftated the carrying off of goods from Bofton, Philadelphia, and 'the Carolinas, Greorgia, Virginia, &c. and the burning of the towns, f^^), and deiired that this might be fent with the reft. Upon this I recounted the hiftory of General Gage's agreement 'With the inhabitants of Bofton, that they fliould remove with their tl^i^S, upon condition that they would furrender their arms : but as foOD Ad the annj were fecurcd, the goods were forbid to be carried 4>\it, and were fiaally carried off in large quantities to Halifax. DoC' tor Franklin mentioned the cafe of Philadelphia, and the carrying off effects there — even his own library. Mr. Jay mentioned fevenil other thingSf and Mr. Laurens added the plunders in Carolina of negroes, plate, &c. After hearing all this, Mr. Fitzherbert, Mr. Ofwald, and Mr. Strachey retired for fome time, and returning, Mr. Fitzherbert faid, that upon confulting together, and weighing every thing as maturely aspoiuble, Mr. Strachey and himfelf had determined to advife Mr. Ofwald to ftrike with us according to the terms we had propofcd as our ulumatum re(jpc£ling the fifhery and the loyaliils. Accordingly we all fat down and read over the whole treaty and con-edled it, and agreed to meet to-morrow at Mr. Ofwald^s houfe, to fign and feal the treaties, which the fecretaries were to copy fair in the mean time. Satukday, November 30/A, St. Andrew's Day. We met firft at Mr. Jay's, then at Mr. Ofwald's, examined and compared the treaties. Mr. Strachey had left out the limitation of time, the twelve months, that the refugees were allowed to refide in America ; in order to recover their eitates if they could. Dr. Frank- lin faid this was a furprife upon us. Mr. Jay faid fo too — ^we never had confented to leave it out, and they infiiled upon putting it in, which was done. Then the treaties were figned, fealed, and delivered. No. 10. MxtraBs of Letters from Do8or FrankRn, Iq the honorable Robert R, Liivittgjlon Efq. Secretary for Foreign Affairs. Passy, Oftober 14th. 1782. SOMETHING has been mentioned about the refugees and Engliih debts, but not inlifted on, as we declared at once that what- ever confifcations had been made in America being in virtue of the laws of particular ftates, the congrefs had no authority to repeal thofe laws, and therefore could give us none to ilipulate fur fuch repeal. Passy, December 5th, 1782. The Britiih Minifter ftruggled hard for two points, that the fa> vors granted to the royalills (hould be extended and our filhery con^ tradled. We filenced them on the firft by threatening to produce an ac- count of the mifchiefs done by thofe people, and as to the fecond, vtrhen they told us they could not poffibly agree to it, as we required it, and muft refer it to the miniftry in London, we produced a new ar- ticle to be referred at the fame time, with a note of fadls in fupport of it, which you have No. 3. Apparently, it feemed, that to avoid the difcuffion of this, they fuddenly changed their minds, dropped the defign of recurring to London, and agreed to allow the fiihery as demanded. Extras of a Letter from Do8or Franklin to Richard Of waU, Efquire, Passy, November 2 6rh, 1782. Sir, YOU may well remember, that in the beginning of our confcr- ieaces, before the other commiffioners arrived, on your mentioning to t 102 ^ tne a retribution for the loyalifts whofe eftates had been forfeited, t acquainted you that nothing of tliat kind could be ftipulated by us^ the confifcation being made by virtue of laws of particular (tates, which the congrcfs had no power to contravene or difpenfe with, and, ther'>fure, could give us no fuch authority in our commiflion. And I gave it as my opinion and advice, honedly and cordially, that if a reconciliation was intended, no mention fttould be made, in our ne* gociations, of thofe people ; for they having done infinite mifchief to our properties, by wantonly burning and deltroying farm-houfes, vil- lages and towns, if compenfation for their lofes were infilled on, we fliould certainly exhibit againft it an account of all the ravages they had committed, which would neceffarily recall to view fcencs of bar- barity that muft inflame inilead of conciliating, and tend to perpetu« ate an enmity that we all profefs a dcfire of extinguifhing. Under- Handing, however, from you, that this was a point your miniftry had at heart, I wrote concerning it to congrefs, and I have lately receiv- ed the following refolution — viz. " By the United States tn Congress affembleJ. September io, 1782. « RESOLVED, That the fecretary for foreign affairs be, and he is hereby diredled to obtain, as fpeedily as poflible, authentic re- turns of the flaves and other property which have been carried off or deftroycd in the courfe of the war, by tlie enemy, and to tranfmit the fame to the minifters plenipotentiary for negociating peace." " RESOLVED, That, in the mean time, the fecretary for fo- reign affairs inform the faid minifters, that many thoufands of flaves and other property to a very great amount, have been carried off or deftroyed by the enemy ; and that, in the opinion of congrefs, the great lofs of property which the citizens of the United States have fuftained by the enemy, will be confidered by the feveral ftates, as an infuperable bar to their making reftitution, or indemnification to the former owners of property, which has been, or may be forfeited to, or confifcated by, any of the ftates." Ill confequence of thefe refolutions, and the circular letters of the fecretary, the affembly of Pennfylvania, then fitting, paiTed the fol- lowing aA, viz* ** A N A rents in the faid United States. FACTS. There exifted a free commerce, upon mutual faith, between Great Britain and America. The merchants of the former credited the mer- chants and planters of the latter with great quantities of goods, on the common expe£lation that the merchants having fold the goods would make the accudomed remittances ; that the planters would do the fame by the labour of their negroes, and the produce of that labour, tobacco, rice, indigo, &c. England, before the goods were fold in America, fends an armed force, feizes thofc goods in the dores, fome even in the (hips that brought them, and carries them o(F: feizes alfo and catries off the tobacco, rice, and indigo, provided by the planters to make returns, and even the negroes, from whofe labour they might hope to raifc other produce for that purpofe. Britain now demands that the debts (hall neverthelefs be paid. Will (he, can (he,"judly refufe making compenfation for fuch Seizures I If a draper, who had fold a piece of linen to a neighbour on cre- dit, (hould follow him, take the linen from him by force, and then ftnd a bailiff to arred him for the debt, would any court of law or equity award the payment of the debt, without ordering reditution of the cloth ? Wi b* not doubly Paris J all the] they hi Extraft MR dums That Ofwald' depa in redorati place. As to tlrat the cular dai congrefs to repeal no powe pie: tha were jud rather tht derany 1 fentation; war — anc we (hould fommitte the reafo told the I to be exp Extras oj al'ing P PERi tions of X made in tl requeded the enemy the legid? but that 1 fQ the apf C «05 3 Will not the debtors in AniiTica cry out tliat if this componfntr^A b* not made, tUcy were bctr«ycd by the pretemLJ civilit, and arc now doubly rujtied: — hrlt by the enemy, and then by the ne^^ociatursi ad Paris i the goudH and no^roe:) Told them bciiijf taken from litorn, with all they had bclidcs, And they arc now to be ubU^cd to pay for whal; they have been rubbed uf ? No. II. Extralisfrom DoSor FranhRn's 'Journal of Negnciat'tons for Peace dums written by Lord Shelburne, viz. That an eftablifhmcnt for the loyalifts muft always be upon Mr» Ofwald's mind, as it is uppermoft in Lord Shrlburni-'s, bcfidcs other ftepa in their favor, to influence the feveral Hates to agree to a fair reftoration or compcnfation fur whatever cunGfcatiiins have tnk.cn place. As to the loyalids I repeated what I had faidtq him when fird here» tlrat their ellates had been confifcated by the laws made in the parti- cular ftatcs, vvhere the delinquents had refided, and not by any law pf congrefs, who, indeed, had no power either to make fuch law»» or to repeal them, or to difpenfe with them ; and, therefore, could give no power to their commiifioners to treat of a reftoration fur thofc peo- ple : that it was an affair appertaining to each flate. That if there were juftice in compenfating them, it muft be due from England rather than from America ; but in my opinion, England was not uo-. der any very great obligations to them, fince it was by their mifreprcr fentations and bad counfels ttiat (he had been drawn into this miferable w^r — and that if an account was to be brought aga!n(l us for theij- lofTes, we fhould more than balance it by an account of the ravages they had fommitted all along the coails uf America. Mr. OTwald agreed ta the reafonablenefs oi all this, and faid he had before he came away^ told the miniiters that he thought no recomp.:nfe to thofe people \tfa% to be expedied from us. .^^ .j, . . r— . ., . ^^l\'..'. No. 12. Extras of a Letter from the Commiffioners 9f the UiAted States fornegocin aling Peace with Qreat Brilain, to the PrefiJent of Congrefs^ dated Passy, iQth Septeniber, 1783', PERMIT us to obferve, that in our opinion, the fecommenda*^ tions of congrcfs, promifed in the 5th article, fhould immediately be made in the terms of it and publifhed } and that the ftates fhould be requeued tp take it into donfidcration as foon as tht evacuation by the enemy fhould be completed. It Is alfo much to be wifhed^ that the tegiflatures may not involve all the tories in banifhment and mini but that fuch difcriminatidns ' may be made as to entttlie the decilioht ^0 the approbation of diflnterefted men, and diipofliQaate poflerity, , C io6 ] No. 13. • Virginia, to wU, GENERAL aflembly, begun and held at the public buildings in the city of Richmond, on Monday, the eighteenth day of Octo- ber, in the year of our Lord one thoufand feven hundred and eighty- four. yfn Ad refpeBlng future Confifcat'tons. Whereas it is ftipulated by the fixth article of the treaty of peace between the United States and the king of Great Britain, that there fltall be no future confifcations made ; Be it enafhed. That no future confifcations fliall be made, any law to the contrary notwithilanding — Provided, that this aA fliall not extend to any fuit depending in any court which commenced prior to the ratification of the treaty of peace. ( Signed ) ARCHIBALD CARY, Speaker of the Senate. • JOHN TYLER, Speaker H. Dels. Certified as a true copy from the enrolment. JOHN BECKLEY, Clk.H.Del8. (Copy.) . No. 14. By bu Excellency Betyamin Harrifon, Efqwre^ Governor of the Com- moniueabb of Virginia, A Proclamation. WHEREAS I have received information, that there are, in different paits of this commonwealth, combinations formed by a num- ber of perfons, who, impelled by a turbulent fpirit, have manifefted a difpofition to treat with outrage fome of thofe who have returned to this date under the fan^ion of the definitive treaty of peace, and the adls of affembly pafled in Oiflober laft. And whereas fuch a dif- pofition, unlefs early fupprefied by the interpofition of government, niight grow into a dangerous evil, d'iturb the quiet of the common- weRlth, and involve a violation of the public faith and honor, fo folemn- ly pledged fur preferving facred the articles of the treaty, as figned and ratified: To prevent, therefore, effeftually, the dangerous confe^i quences to be apprehended from the licentioufnefs of fuch perfons, I have tbought fit, by and with the advice of the council of ftate, to iffue this my proclamation, Itrictly enjoining all m^^giftrates and other , civil officers ta life their utmod vigilance in the prefervation of^ the peace. And particularly to extend the earlieft protedlion to all thofe wbd come within the defcription of the faid a£is of aflembjy, and have reafon to apprehend danger from.fuch riotous perfons: And to fecure to them the enjoyn»ent of thofe rights which they derive both from the treaty and adls of affembly aforefaid : And that no pei'fon, or defcription of perfons, may prefume hereafter, on the hope of cfcaping with impunity, td do any H&. which fhall contravene the one, or oppofe the other, *I do farther declare, that government being refolved inviolably to fupport the public honor, and to enforce a pointed execution of the law, will not fail to take the moft effedVual meafures for bringing to condign punifhment all thofe who, fenfelefs to the obligation of a folemn treaty, and unmindful of the dignity and C >07 3 , honor of their country, pledged for its fupport, fhall be hardy enough to oflPend herein. Given under my hand and the feal of the commonwealth, in the , council chamber at Richmond, this 26 day of July, in the year - of our Lord, 1784, and of the commonwealth the ninth. j^ BENJAMIN HARRISON. t^ V^ A. BL AI R, C. C. ^w^ A copy from the original proclamation in the office Atteft, of the executive. SAM. COLEMAN, A. C.C. No. 15. E xtra8 of a Letter from George Read^ jun. Attorney of the United Siatesy for the Diflria of Delaivare, to the Secntary of State, dated Neztf Cajlle, on Delaware, November 4/A, 1790. FROM the refult of all my enquiries on the fubjeft of your let- ter, I am Induced to believe that no proceedings of any kind have taken place within this ftate, iince the treaty of peace, tending in any manner to aflVdl the perfons or property of Britlfh fubje^ls or American refugees, in contravention to that treaty. Whatever pro- perty any Britlfh fubje^l might have had within this ftate, at or after the declaration of independence, the fame hath been in no wife altered or diminifhed by any a£l of the itate legiflature, the confifcations of property fpecially declared by law extended only to citizens and fub- je£^s of the ftate, and fuch outftanding debts which Britiih fubje^s might hive had within the ftate, I have generally underftood, have been fettled by fuch their debtors as had ability to pay, in a way fatisfa£tory to the creditors, or their agents, and almoft the only fuits which have been 1 rought were agalnft perfons whofe circumftances were declining, or agalnft the reprefentatlves of deceafed perfons, but in no inftance, that hath come to my knowledge, hath the leaft cla- mour or complaint been made, or raifed, agalnft any man of the law for commencing fuch fuits, or any diftlndlion urged, during their pen- dency in the courts. As to the American refugees, I do not know that the pn)perty of any other of them than fpecially named In the aft »f affembly of this ftate, of the 26th of June, 1778, and tranfmitted with this, was felzed upon and taken as forfeited, and feveral of thofe perfons have returned fince the pescc, and refidtd, without difturbance, in th-: neighbourhood of their former dwellings, though no inftances of any reftitutlon of their property, within ny knowledge. As to the ftate, it derived no benefit from the fales of their eftates, they being made for continental paper ; and the court of claims which was eftablifhed fome time after, in favor of tlie ere- ditors of fuch whofe property had been declared to be forfeited undo:* the aft aforefaid, having allowed the debts of thofe creditors in fpe- cle to an amount exceeding the fpecle value of the paper received for that property. From every information I have heretofore had of alloged infrac- tions of the treaty, 1 never undtiUood the government In this ftute, . I 108 5 4>^any executive department thereof, or thp conduA of its dtizerisi with regard to Britifh fubjefts or American refugees, were at any time included, and fuch I am told was the decided opinion of the kgiflature of this ftate. At the time of their paifing the ad of the 2d of February, 1788, herewith alfo tranfmitted, " for repeah'ng all ^fts or parts of afts repugnant to the treaty of peace between the United States and his Britannic majefty, or any article thereof.'* As that Z&. was framed by the late congrefs, in the terms in which it is cxpreffed, and paiTed by our legiflature, upon the fpecial reiijuifition of that body, which was made circular to all the flates then in the union4 I have the honor to be, with great refpe£t. Sir, your moft obedient, and Very humble fervant, GEO. READ, juBi TAf honorable Thomas Jefferfon, £/qi No. 16. In C O U N C I L. ^Philadelphia, Thurfday, December 16th, I79I51 UPON the report, of the committee to whom was referred the letter from the comptroller general of the 1 5th September laft, in- forming council, that the following lots, '* in the city of Philadel- ** phia, forfeited to the i:ommonwealth by the attainder of Harry " Gordon for high treafon, viz; a corrtcr lot on the fouth fide of ** Walnut-ftreet and eaft fide of Fourth-ftreiet from Delaware riverj ** being in front on Walnut-ftreet, 16 i-3 feet, and in depth on ** Fourth-ftreet, 37 feet with the privilege of a three feet alley at the " fouth end of the lot, fubjedl to a ground rent of 1 3 dollars and 3-8 *' of a dollar annually, and confiderable arrears. And one other lot adjoining the above lot, bounded on the north by Walnut-ftreet* on the eaft by ground late of Robert Morris, Efqiiire, on the weft by Charles Moore's ground, and part by the above defcribed lot "* and alley, being 16 1-2 feet in front, and 47 feet 10 inches and ** an half deep, more or lefs, fubjedl to an annual rent charge of 5K •* OS. 3d. with arrearages thereof," remains unlbld, and fubmitting it to council, whether it would not be proper, at this time, to dired the fale of the faid lots. Refolved, That the lots before defcribed be expofcd to public fale, according to law* No. 17. - (Copy.) In Affembly, January 31ft, 1784. A MESSAGE from his excellency the governor to the legiflature (tranfmitted to this houfe by the honorable the fenate) was read^ «M)d is in the words following, to wit : Gentlemen, It is with plcafure I embrace the earKeft opportunity of laying ht- ineyou, a proclamation of the United States, in congrefs ^emblcd, t i09 J tinder their (eal, dated the fourteenth day of January inftant, An- nouncing the ratification of the definitive articles of peace and friend- (hip between thefe flates and his Brittannic majefty, and enjoining a due obfervance thereof. I alfo fubmit to your confideration, the recommendation of the United States, in congrefs aiTembled, in conformity to the faid arti- cles, contained in their refolution of the faid fourteenth day of Janu- ary inllant. GEO. CLINTON. New York, January 30th, 1784. Th% papers which accompanied the faid mefTage of his excellency the governor, were alfo read. Ordered, That the faid mefTage of his excellency the governor, and the papers which accompanied the fame, be committed to a committe of the whole houfe. tn AfTembly, March 31ft, 1784.' A copy of certain refolutlons of the honorable the fenate, deliver- ed by Mr. Schuyler, were read, and are in the words following, viz. " RESOLVED (if the honorable the houfe of affembly concur herein) That it appears to this Icgiflature, that in the progrefs of the late war, the adherents of the king of Great Britain, inflead of be- ing reftrained to fair and mitigated hoflilities. which are only permit- ted by' the laws of nations, have cruelly maflacred, without regard to age or fex, many of our citizens, and wantonly defeated and laid wafle a very great part of this Hate, by burning not only fingle houfes and other buiMings, in many parts of this flate, but even whole towns and vil'a ?nd deflroying other property throughout a great extent of c . and in enterprizes which had nothing butt Vengeance for the 1 Ljcd. ** And that, in confequence of fuch unwarrantable operations, great numbers of the citizens of this flate have, from affluent cir- cuihftances, been reduced to poverty and dUtrefs. ** Refolved, That it appears to this Icgiflature, that divers of the inhabitants of this flate, have continued to adhere to the king of Great Britain, after thefe flates were declared free and independent, and perfevered in aiding the faid king, his fleets and armies, to fub- jugate thefe United States to bondage. " Refolved, That as on the one hand, the rules of juftice do not Require, fo on the other, the public tranquillity will not permit, ihat fuch adherents who have been attainted, Oiould be reftored to the rights of citlzenlhip. *' And that there can be no reafon for reftoring property which has heen conlifcated or forfeited, the more efpecially as no con^ptrnfation is offered on the part of the faid king and his adherents for tlie da- mages fuftained by this ftate and its citizens, frum the defolation aforefaid. ** Refolved, therefore. That while this legin^tiire entertain the hlpfh- eft fcnfe of national honor, of the fandlion of treaties, and of tht cle- iercnce which is due to the advice of tlie United States, in congrtfs ■># C iio ] aflembled, they find it inconfiftent with their duty to comply -mth the .recommendation of the faid United States, on the fubjed matter of the fifth article of the definitive treaty of peace." Refolved, That this houfe do concur with the honorable the fenate in the faid refolutions. Ordered, That Mr. Gordon and Mr. Lott, deliver a copy of the laft preceding refolution of concurrence to the honorable the fenate. State of New Tori, Jf, I certify that the foregoing are true extrads from the journals of the afTembly, this loth day of July, 1786. ^ ISAAC VAN VLECK, for JOHN M«KESSON, Clerk. (Copy .) ' No 18. Copy of a Letter from his Excellency Samuel Huntington^ Governor of ConneSicuty to the Honorable John Jay^ Secretary for Foreign Affairs, CouNCii. Chamber, Hartford, June 12th, 1786. Sir, YOUR letter of the 3d ultimo, addrefifed to the governor of Con- neflicut, requefting information whether and how far this flate has complied with the recommendation of congrefs, purfuant to the trea* ty of peace with Great Britain, hath been received. In compliance with your requeft, I have the {atisfa£lion to inform, that the ftatutes of this ftate have all been revifed fmce the peace, and all penal laws which fubjcded any perfon to profecution by rea- fon of any part he hsfti taken during the war, were repealed, the whole code as revifed, are tranfmitted to congrefs ; by examining thofe adts, you may obtain the beft poflible information on this arti- cle ; there is nothing in them, we apprehend, inconfiftent with the fpirit and intent of the treaty. This itate has never coufifcated any eftate belonging to real Britifli fubji £ls, or had any law exifting that would warrant fuch confifcation. Where confifcations had taken place againft citizens of the United States, who refided in diftrifts in the poflcffion of the Britifh during the war, but had not borne arms, fome of them on application have obtained a reftitution of their eftates : and wc have no law now exift- ing to prohibit any perfon from making the like application, or re- fiding among us for that purpofe. The fixth article of the treaty was immediately obferved on receiv- ing the fame with the proclamation of congrefs ; the courts of juftice adopted it as a principle of law : No further profecutions were infti- tuted againft any perfon who came within that article, and all fuch profecutions as were then pending, were difcontinued, fo far as my knowledge or information extends ; and I am fatisfied it was univer- fally the cafe with refpe6l to all perfoas who could claim the benefit W- C 111 3 of this article, I may add, in general terms, that the legiflature of thW ftate, and executive courts, have religioufly adhered to the treaty* and in no inftance, as we conceive, contravened any article therein contained. I have the honor to be, With fentiments of high efteem,- Your mod obedient humble fervant, SAM. HUNTINGTON. ffonorahle John Jay, E/q. No. 19. Extras of a Letter from William Channingt Efquire, Attorney of the Unite J States for Rhode IJland Di/lriatto the Honorable Thomas Jef- ferfon. Secretary of State. * ' fEWPORT, November 24th, A. D. 1790. Sir, THE letter you were pleafed to honor me virith, of the 12th of Auguil, I received foon after the date ; and have fince attended to the obje£b it refpe£ted. The fituation of the records of our ftate made your commiffion a buAnefs of fome difficulty, and a part of it ftiH remains unexecuted. That part, however, is in a profperous train. Herewith are tranfmitted authenticated copies of all the a£ts of our legiflature that aflFeA cither the debts or the perfons of Bntifli^ fubje£ts, or American refugees. As to the proceedings of the judici- ary of this ftate upon thefe afts, I have to obferve, that the one for cohfifcating of the eftates of the perfons therein defcribed, was early carried into efF«*A, with rega^ to thofe who were contemplated by it, the American refugees; and their eftates were confifcated and fold, and the proceeds, after the jpayment of the debts of the origin- al proprietors, were paid into the treafury of the ftate. This a£l was confidered by our courts as annulled by the treaty of peace, and Cubfcquent to the ratification thereof, no proceedings have been had thereon : Government, during the war, were pofieflcd of the real eftates belonging to Britifh fubjeds, but on the application of the proprietors they have been fiuce reftored, and the rents and- profits accounted for. The aft of banl(hment has not been formally repealed by the legif- lature, but I have not known any inftance in which it has been en- forced, although many perfons either named or defcribed in the a£t» have fince the war refided, and fome of them ftill refide among us. The courts of this ftate have been ever open alike to the Britifli fubjeft and the American citizen ; and equally enabled either to re- cover his juft debt, agreeable to contraft, until the fubftituting and paper money afts were made. The firil of thefe ads was repealed foon after the pafiing of it, but the other continued to operate until September, 1789. But previous to this, in September, 1787, from an idea that the making the paper money a tender, might be confidered as an infrafti'on of the treaty with Great Britain, the legiflature pafl'^ C "^ 3 cd the rcfolution deelaring the obligation of the treaty faered and ii^. violable. I have the honor to be, with great rcfpcft, Sir, Your moft obedient, and moft humble fervant, WILLM. CHANNING. Honorable Thomas JefFerfon, Efq, No. 20. C<^y of a Letter from his Excellency John CoU'inn^ Governor of Rhode JJlan4i *o the Honorable John Jay^ Secretary for Foreign /IJairs, - Newport, September 4th, 1786. Sir, YOUR firft letter requefting information of the meafures of thi» ftate, refpefting the treaty of peace between the United States and Great Britain hath been by the legiflature referred, and the leppit is not made. However, be pleafed to be informed, that upon the treaty, ^nd the confeqi^ent ratification of congrefs, being prefented to thp general. aflembly, they immediately requefted the governor to make known the contents thereof to all the citizens, by proclamation, under the authority of the ftate, requiring a ftri6^ , coippliance therewith; this was done. ^ . ;/.^ ./...,;:., All profecutions againil abfentees and others for the part they had taken in thetwar, that had not been finifbed, were immediately nulli- , iied, and no farther cppiifcations have taken , place. AU perfons re- fiding under ; the, prpt^dlion of the treaty, and that have implied tQ the legislature for the reftitution of property, or the rights of citizen- ship, denization, or even the capacity of profecuting adlions or fuits at law, have been heard, and in moft inftances their requefts have been granted. The laws from that moment have been and ftill are open to Britifh fubjeds, to recover their debts in the fame naanner as to citizens of the ftate. In ftiort, the treaty, in all its abfolyte partSi has been fully complied with, and to thofe parts that are merely re- commendatory, and depend upon the legiflative difcretion, the moft candid attention hath been paid. . , I have the honor of being, . Sir, ■. ■ ' ..-(o* Your moft obedient, humble fervant, JOHN COLLINS. Jfis Excellency John jzy, Efq. No. 21. Extras of a Letter from Sir Guy Carktony to his Excellency' Generat Wajhingtotty dated New Torkf j^pril 6, 1783. Sir, iV PACKET from England, arrived in this port laft night, by which I have difpatches from Mr. Townftiend, one of hij majefty's T- |tVincipal (ecretanes of ftnte, communicating official inteUigenCe, toil the preliminary articles of peaoe with France and Spain, were fignccl at Paris, on the aotli of January lait ; and that the ratifications hav« been fince exchanged at the fame place. And I am furtncr to inform your excellency, that an inftrutnettt of accelfion to the fufptnfton of hoililities by the llates general of the United Provinces, having been received 'n England, a ceflation of arms with thofe ilatcs, has been thereupon included in the pracUmat^ tion* Sifc, No. 22. CHAMBLt, Auguft jd, I'/Bj. The United States of Anierida in congrefs having charged theit commander in chief with making the neceflary arrangements with the commanders in chief of the Britifh armies, for receiving the poftl now occupied by the troops of his Britaunic majelly, and which arf within the United States ; for this object, as well as foi* others rela» live to the preliminary articles of peace, I am ordered by his excels lency General WaHiingtoni to concert fuch meafures with your ex^ cellency, as (hall be mutually agreeable. Major North, my aid-de-camp, will inform your excelleocy» that I am on my route to Quebec, where I expert in three or four daySf to afliire you that I am, Your excellency's moft obedient hupnble fervant, STEUBEN. HU Excettency General Haldimand. Sir, No. 23. St« Johns, ijthAuguftt 17831^ IN anfwer to the letter which I had the honor to receive from you yefterday, dcfiring a iinal anfwer, in writing, to the requifitipns which you have made in the name of the United Slakeo; I very tea* dily comply with that dcfire, thou;;h the icnfe of my anfwer cap be no more than a repetiticr: 6f that which I have made to his excellency General Wafhington, delivered to yoil under a flying feal. I have^ therefore, the honor to acquaint you, that however definitive the United States may conflder the provifional treaty to be, the fenfe I have of my duty, and the cuiloms of war, will not permit lae to con-^ fider a ceflation of hoililities in that light. The orders I have received* dWcA a difcontinuance of every hoftilc aft on my ptirt, and an atten- tion to defenfive meafures only, I have moft punftually obeyed them^ and fliall continue to do fo, until I (hall receive his majelly's further commands. I have not a doubt of the wlflies expreffed in your letteir> of the United States to eAablifh a perfect harmony with Great Bri- tain, by making good every engagement on their part. You will at the fame lime allow me to exprcfs an equal confidence, that every promiie on the part of Great britain, will, in due timei be fulfilled* r "4 3 tat ftf IS not for me to anticipate on this occafion. When tfie nti&ob' fton of peace (hall he annoiincrd to me, I beg you will be aflured that it will aiford me the higheil pleafure to execute every inftru«f^ion I fhall receive relative to it» with the ntmoft punduality and difpatch; until that event (hall arrive, it is totally out of my power to permit you to proceed to the pods in the upper country, or in fa^ to treat with you on the fubje^ of your miffion* Wifhing you a iafe and agreeable paflage^ 1 have the honor to be, &c. FRED. HALDIMAND- JUajor-getural Baron Steuben. IffiKf) No. 24. Saratotizens of the United States. Refolved, That the delegates reprcfcnting this ftate in congrefs be jnilrufted to lay before that body the fubieti matter of the preceding i!iformation and refolution, and to requeil from them a remonitrance to the Brltifh court, complaining of the aforefaid infraction of the •treaty of peace and dcfiring a proper rcparatios of the injuries confe- , C i»9 ] qaent thereapon ; that tlie fald delegate! be in(lni£)ej to inform coitw grefs that the general aflembly hat no inclination to interfere with the power of making treaties with foreign nationi, which the confe- deration hath wifely veiled in congprcfs ) but it is conceived that • jtift regard to the national honor and intereft of the citizens of thii commonwealth obliges the aflembly to withhold their co-operation in the complete fulfilment of the faid treaty^ until the fuccefs of the aforementioned remonllrance is known, or congrefs (hall fignify their fentiments touching the premifes. Refolvedy That fo foon as reparation is made for the aforefaid in* fradlion, or congrefs fliall judge it indifpenfably neceflary» fuch aAa of the Icgiflature pafl*ed during the late war, as inhibit the recovery of Britifh debts, ought to be repealed, and payment thereof made in fuch time and manner as fliall confill with the exhaufted fituation of this commonwealth. ExtraA from the journal of affemblyy JOHN BECKLEY, Clk. H. D. No. 51. Circular Letter fo the Governors of the fever at Sti*es. Office for, foreign affairs, 3d May, I'jZC* Sir, CONGRESS has been pleafed to order, that I fliould ** icporv particularly and fpecially how far the feveral ftates have coiitplied w.x\ the proclamation of congrefs, of the 14th of January, 1784, and the recommendation accompanying the fame, purfuant to the defini^ live treaty of peace between the United States of America and G^^at Britain." In order that I may be able to fulfil the expeJlations of con{,re(s» I muft requelt the favor of your excellency, to inform me whether^, and how far the ftate (or commonwealth) of lias complied with the recommendation in queftion. . I have the honor to be, &c. JOHN JAY. No. 32. State of New Hampshire, In the Year of our Lord, one Thoufand- Seven Hundred and Eighty-fix. jIn As in Compliance with the Treaty of Peace^ /.".;•« the United jl^l^ Statet and his Britannic Majefly^ and vjith the Recommen' \ S V^ dalion of Congrefs ^ of the iJ^h of January % 1784, * V% founded thereon, WHEREAS feveral afts and laws, during the late war with Great Britain, were pafled by thict ftate, which are found to be incom- patible with the definitive treaty of peace rrd fr.'endfhip. And whereas congrefs did, 00 the i4tb day cf January, 1784, carneftly rccsra- mend to the legiflatures of the refpeflive ftateSi to re-cofiAder atiA revife all their a^a and laws refpcdllng the premifes, fo as to render itich a£^s and hws pcrfedly conftftent, not only with juHice and equity, but with that fpirit of conciliation, which, on the return of the bleflingg of peace, (hould univerfally prevail. Therefore — Be it enadted by the fenate and boufe of reprefentatives in general court convened. That the fourth article of tlie faid detini- tive treaty, viz. It is agreed that the creditors, on either fide, (hall meet with no lawful innpediment to the recovery of the full value, in fterling money, of all bona fide debts heretofore contraded^ be com^ plied with, as far as it refpe£\s this ilate ; and that the fubjc6ls of hi^ firitannic majeity, (hall meet with no lawful impediment to the reco-> very of any fuch debts, but (hall have a right to recover the fame, in the manner and way fokmnly (tipulated in faid article. And be it further enabled. That in cafe any of the eftates, rights and propcities of any real Britiih fubje£ks, or jany of the ellates^ rights and properties of any perfun or perfons refident in any diftridt or dil'rids which were in the poffeflion of his Britannic majefty's arms, between the 30th day of November, 1782, and the 14th day of Ja- nuary', 1 784, and who have DOt borne amw agatnft the United States^ ihall have been confifcated, the a£i or ads fo comfcating, (hall be« and hereby are repealed ; and perfons of any other defcription, (hall have frev liberty to go to any part or parts of this (late (providedr that within fourteen days after their firil arrival* they lodge their names in the fecretary's office) and to refide in any town, place or didridl herein, during the fpace of one year, to commence from the day of their firft amval in this ftate, and no longer ; and to remain tinmolefted in their endeavours to obtain the reltitutton of fuch of their eilates, rights and properties, as have been confrfcated. And be it further enafted by the authority aforefaid, tlial the ad of this ilate, paflT.d the 19th day of November, 1778, entitled, " An aft to prevent the return to this ftate, of certain perfons, ihcreiii named, and of others who have left 01 (hall leave tliis (late or either of the United States of America, and have joined of (hall juiil the enemies thert-of," fo far as the fame militates with the faid arti- cles of peace : Alfo the a£l pafTed the 28th day of November, 1 778, entitled, " An ad to confifcate the eftates of Cundry perfons therein named," together with the additional ads to the faid two ads, and all other ads and refolvesof this ftate, fo far as they militate with, or are repugnant to, the fpirit and meaning of faid trtaty of peace and frlendfliip between the United States and his Britannic majefty, (hall be and hereby are repealed and made void. State of New Hampshire. In the Houfe of Reprffcntativett September 1 5//-*, 1 786* THE foregoing bill ha\ing been read a third time, voied that it pufs to be enacted. Sent up for concf rrence, JOHN LANG DON, Speaker. In 1X1 alt cr» In Senate, the i$tb of September , 1786, THIS bill having been read a third time, voted that the iaoie be enaAed. JN». SULLIVAN, Prcfideat, Copy examined, per JOSEPH PEARSON, Sccrctarr, No. 33. Coi«imonWbalth 0^ Massachusetts. In the Tear of our Lord, One Tooufand Seven Hundred attd Ilight^" /even. Ad a^ for repealing any a£ls or parta of adls, heretofore palTed by the legiflature of this commonwealth, which may militate with, or infringe, the treaty of peace entered into by the United States of America and Great Britain. Whereas certain laws or ftatutcs, made and pafled in fome of the United States, are regarded and complained of, as repugnant to the treaty of peace with Great Britain, by reafon whereof hot only the good faith of the United States, pledged by that treaty, has been drawn into queftion, but their eflential interefts under that treaty greatly affeded. And whereas, juftice to Great Bifttain as well ^ regard to the honor and interefts of the United States, require, that the faid treaty be faithfully executed, and that all obttacles thereto, and particularly fuch as do, or may be conftrued to proceed from the laws of this com- monwealth, be efSe6lually removed, therefore. Be it ena£ted by the fenate and houfe of reprefentatlves in genci ral court affembled, and by the authority of the fame, That fuch of the adls or parts of a£^s of the legiflature of this commonwealth, as may be repugnant to the treaty of peace between the United States and his Britannic majefty, or any article thereof, and fo far as they may be repugnant thereto, fliall be and hereby are repealed ; and further, that the courts of law and equity within this commonwealth be, and they hereby are dire^ed and required, in all caufes and qucf- tions cognizable by them refpedtively, and ariftng from or touching the faid treaty, to decide and adjudge according to the tenor, true in^ bent and meaning of the fame, any thing in the faid adls or parts of ads, to the contrary thereof, in anywife, notwithftanding. In the Houfe of Rcprffintatlvest $Oth jlprily 1 787. This bill having had three feveral readings, pafled to be enaded. ARTEMAS WARD, Spkr, In Senate^ April 30/A, 1 787. This bill having had two fcvcral readings, pafled to be enaded. SAMUEL PHILLIPS, jur.Prefidt, By the governor approved. JAMES BOWPOIN. A true copy. Attcft, JOHN AVERY, jur. Scc'rr. R. r * C 1«2 ] • No. 34. Statb of Rhode Island, and Providencb Piantations. In General AJfemhlyt Se^ember Seffiont A, D. 1787. Be it enabled by the general aflembly> and by the authority there* of it is hereby enabled, That the treaty of peace entered into be- tween the United States of America and his Britannic maiefty) ii fully binding upon all the citizens of this ftate as a law of the land* and is not, in any refped, to be receded from, mifconftrued, or viola- ted. A true copy, witnefs, Hy. SHERBURNE, Deputy-Secretary 35- At a General AJfembly of the State of Connedicut^ boiden at No. fx n s At a General Affemhi^ * * *' Hartfordyonthefecondthurfday of May^ A, D, xi^i^ WHEREAS the United States, in congrefs aflembled, have, by their refolution of the 13th of April, 1787, recommended to the feveral dates to repeal all fuch adls and parts of afis of their fe- Teral legiflatures, as may be now exifting in any of the faid ftates, repugnant to the treaty of peace between the United States and Great Britain, and that each ftate pafs fuch a£t of repeal, whether any fuch exceptional a£t is exifting in fuch ftate or not, and that rather by defcrtbing than reciting fuch a6k, for the purpofe of obyiating all difputes and queftions between the United States and Great Britain relative to faid treaty ; and although there hath been no complaint or fuggeftion, officiaUy or otherwife, that there is any aA or part of a^n aa exifting in this ftate repugnant to faid treaty, yet this aflfembly, being at all times difpofed to conform to the true intent and fpirit of the articles of confederation, and to prevent and remove (fo far as to this aflembly doth appertain) all caufes of difpute and contenti'>n, and every juft ground of complaint, have thought fit to ena£i, and Be it enabled by the governor, council, and reprefentatives, in general court aflembled, and by the authority of the fame, That fuch f the afts, or parts of acts of the legiflature of this ftate, as are repugnant to the treaty of peace between the United States and his Britannic majefty, or any article thereof, fhall be, and hereby are, repealed. And be it further enabled by the authority aforefaid, That the courts of law and equity within this ftate be, and they hereby are directed and required, in all caufes and queftions cognizable by them 'refpeflively, and arifing from or touching faid treaty, to decide and adjudge according to the tenor, true intent and meaning of the fame ; any thing in the faid a6ts, or part of afts, to the contrary thereof, VI anywilc, nutwithftanding. A tnic copy of record, exramined by GEORGE WYLLYS, Secretary. t- "3 ] *%' No. 36. Cojy from the feeond Volume of the Laws of the State of New ? ori, publi/hed according to an AS of the Legiflature. An A£l in the form of the a£t recommended by the refolution of>thc United States in congrefs aifembled, of the twenty-firft day of Marchf one thoufand feven hundred and eighty-feven, to be pafT* ed by the feveral ftates, relative to the treaty of peace between the United States and the king of Great Britain. Faffed 2 2d Februair, 1788. WHEREAS certain laws and ftatutesi n^ade r.nd pafled in fome of the United States, are regarded and complaiucd of as repugnant to the treaty of peace with Great Britain, by reafon whereof not only ^he good faith of the United States, pledged by that treaty, has been drawn into queftion, but their eflential interefts, under that treaty, greatly aSe£ted. And whereas juftice to Great Britain, as well as re- gard to the honor and interefts of the United States, require, that the faid treaty be faithfully executed, and that all obftacles thereto, and particularly fuch as do, or may be conftrued to proceed from th( laws of this ftate, be e£FeAually removed : Therefore, Be it ena^ed, by the people of the flate of New York, reprefent* ed in fenate and afTembly, and it is hereby enaded by the authority of the fame. That fuch of the a£ts and parts of a£ts of the legiflature of this flate, as are repugnant to the treaty of peace between the United States and his Britannic majefty, or any article thereof, fhall be and hereby are repealed. And further, that the courts of law and equity, within this ftate, be and they hereby are direAed and required, in all caufes and queftions, cognizable by them refpedlively, and arifing from, or touching, the faid treaty, to decide and adjudge ac» cording to the tenor, true intent, and meaning of the fame ; any thing in the faid adls, or parts of a^ts, to the contrary thereof, in anywife, notwithftanding. No. 37. /« the tv/elfth Tear of the Independence of the Delaware State, ■At a Se/jHon of the General AJfemblj^ commenced at Dover ^ on the 20th Day of OSober, 1787, and cont'inuedt by adjournmentf to the id Day , of February following^ inelufive, the following ji9t ; faithfully executed, aud that all obftades thereto, and particularly^ /uch as. do or may be cbnftrued to proceed from the laws of this ftate| be efre£tually removed : Therefore, Be it enadted, by the general aiTembly of Delaware, and it it hereby enaAed by the authority of the fame, That fuch of the a£ls, or parts of afls, of the legiflature of this ftate, as are repugnant to the treaty of peace between the United States and his Britannic ma- jefty, or any article thereof, (hall be and hereby are repealed. And further. That the courts of law and equity, within this ftate, be and they hereby are dircded and required, in all caufes and quef- tions, cognizable by them refpedtively, and arifing from, or touching^ the faid treaty, to decide and adjudge according to the tenor, true intent, and meaning of the fame ; any thing in the faid a£ls, or parts bf a£ls, to the contrary thereof, in any wife, notwithftanding. Signedi by order of the houfe of aflembly, JEHU DAVIS, Speaker* Signed, by order of the council, THOMAS MCDONOUGH, Speaker. PqJ^ed at Dovetf February zd, 1788. No. 38. ^An As declaring the Treaty of Peace between the United States and hit Britannic Majejiy^ the Supreme Law within this liate* B £ it enaded by the general aflembly of Maryland, and it ii hereby declared. That the treaty of peace made between the United States of America, and his Britanr'.c majefty, is the fupreme law within this ftate, and ftiall be fo confidered and adjudged in all courts of law and equity, and all caufes and queftions cognizable by the faid courts refpefiively, ought, and fhall be determined according to the faid treaty, and the tenor, true intent and meaning thereof. S^ the SehatSEt May i/^h, I787. Read and aflented to. By order, J. D O R S E Y, Clerk. ^y the Houfe of Bekg(^est May l^th, 1787. Read and aflented to. By order, WM. HA RWOOD, Clerk. ( W. SMALLWOOD. 'The great Seal, in\ wax appendant, f ' 4rt Tejtmonyt that the aforegoing is a true Copy from the original AB of the General Affemhly of Maryland^ remaining in the General Courts J have hereto Jbi my Hand, and affixed the Seal of Office^ this t^th Day of June, in the Tear of our Lord, 1787. L. S.) THOs. B. HODGKIN, Clerk G, Ct, tV. Shore* top7 An At W] bf peaci Americ meet fterlingl therefoi C i«5 ] No. 39. t^opy of an AA of the General Aflcmbly of Virginic, pafled Decem- ber 12, 1787, An As to repeal fo much of aH anJ every A3 or Affs of y^ffembfy, at prohibits the recovery of JBritj/h Debit, WHEREAS it is ftipulated by the fourth article of the treaty bf peace between the king of Great Britain and the United States of America, in congrefs aflembled, that creditors on cither fide (hall iheet with no lawful impediment in the recovery of the full value, in fterling money, of all bona fide debts heretofore contradled. Be it therefore enaded by the general aflembly. That fuch of the adls or parts of a£ls, of the legiflature of this commonwealth, as have pre« vented, or may prevent the recovery of debts due to Britifli fuhjcfis* according to the true intent and meaning of the faid treaty of peace fliall be, and are hereby repealed. Provided, That this a^ fhall be fufpended, until the governor, with the advice of council, (hall by his proclamation notify to this ftate, that Great Britain hath delivered up to the United States, the pofts therein now occupied by Brltlfh troops, which pofts were ftlpu- lated by treaty to be given up to congrefs immediately after the con- clution of peace ; and is alfo taking meafures for the further fulfil- ment of the faid treaty^ by delivering up the negroes belonging to the citizens of this ftate, taken away contrary to the feventh article of the treaty, or by making fuch compenfation for them, as (hall be iatisfadory to congrefs. An An declaring the Treaty of Peace between the United States of Ante* • rica and the King of Great Britain^ to be Part of the Law of the Land. BE it enabled by the general a(rembly ot the ftate of North Caro- lina, and it is hereby enaded by the authority of the fame. That the articles of the definitive treaty between the United States of America and the king of Great Britain, are hereby declared to be part of the law of the land. And be it further enaf^ed by the authority aforefaid. That the courts of law and equity, are hereby diredled in all caufes and qtief- tlons, cognizable by them, refpedllog the faid treaty, to judge ac- cordingly. Read three timest and ratified in general affembfy, the lid day of Decembert 1787. ALEX. MARTIN, S. S. JN«. SITGREAVES, S. G # C 126 3 No. 41. defy 0/ a Letter from his Excellency fVilRam Lhnngfton, Governor of New Jerfejt to the Honorable John Jay, Secretary for Foreign Affairs* Elizabeth Town, 15th June, 1786. Sir, I HAVE been honored with your letter of the 3d of May, la- forming me, that congrefs has been pleafed to order, that you fliould " report particularly and ^ecially, how far the fevcral dates have complied with the proclamation of congrefs, of the 14th January, 1784, and the recommendation accompanying the fame, purfuant to the definitive treaty of peace between the United States of America and Great Britain ;" and requeiling me to inform you, " whether, and how far, the ftate of New Jerfcy has complied with the recom- mendation in queftion." In anfwer to which, I can only inform you, in genera), that I do not know of a Angle inftance, m which this Hate has not ftridly complied with the faid proclamation, as well as with the faid recommendation, as far, as, by the faid treaty, the United States were bound to comply with fuch recommendation. I have the honor to be, &c. The Honorable John Jay, Efq, WIL. LIVINGSTON. No. 42. Extras of a Letter from Richard Stockton^ Efquire, Attorney of the United States for New Jerfey Difiria, to the Honorable Thomas Jef firfony Secretary of StatCf dated nth December ^ 1790. I A M happy in being able to inform you, that no laws have been ena^ed in New Jerfey, contravening the treaty of peace. -The only judiciary decifion, affedling the rights of Britifli fubjefls. In the ftate courts, was the opinion of a fingle judge (without the point coming folemnly before the court, upon argument) delivered in a charge to a jury } by which he diredled the jury to make a de- duction of intereit upon an old bond, during the period of the late •war. How far this may be faid to infringe the rights of Britiih fubjeds, you will judge. I have the honor to be, &c. RD. STOCKTON, Atty. of the New Jerfey Diftrift. His Excellency Thomas Jcfferfon. No. 43. IN GENERAL ASSEMBLY. Monday, March 3^, 1788, P. M. THE report of the committee, on that part of the meflage from council, whicjh rcfpefts the refoKition of 'congrefs, of the 21ft of March, laft, read Marrh lil, was read the fecond tinw ; Whereupon, C "7 ] ^ Refolved, That his excellency the prefident, and the honorable the fupreme executive council be informed, that this houfe havinff, by their committee^ carefully examined into the fubjed matter of that part of the faid meflage, which recommends to the notice of this houfe, the refolution of congrefsi pafled March 2ift» 1787, and fuggeftt the propriety of paifing a declaratory a£^) to anfwer the end intend- ed by the faid retolution ; they cannot find, that there is any a£t or a£b, or any part or parts of any a£l or a6b, pafled by the legiflature of Pennfylvania, now in force, which are repugnant to the treaty of peace between the United States and his Britannic majefty, or to any articles thereof, or that at all tend to rcftrain, limit, or in any man* ner impede, retard, or counteraft, the operation and execution there- of, or to explain the fame. No. 44. Cefj rfa Later from Mt Excellency UTtlRam Moultrie t Governor of South Carolina^ to the Honorable John Jay^ Secretary for Foreign Affairs, Charleston, South Caroliha, 2iil June, 1786. Sir, I HAVE been honored with your favor of 3d May, requefting to know, for the information of congrefs, how far this ftate has com- plied with the proclamation and recommendation of congrefs, of the 14th January, 1784. The fubje^ of Great Britain have encountered no other difficulties or impediments than have the citizens of America, in the recovery of their dibts ; fuch was the fituation of the ftate, that the legiflature conceived it necefiary to pafs laws tantamount to the fhutting the' courts i and in this cafe, even Britifh fubjefts, who had property among us were faved from ruin equally to thofe of America. Agreeably to the 5th article of the treaty, which congrefs eameft- ly recommended, ^his ftate, upon ferious conftderation, very liberally complied with that recommendation, and reftored moft of the eftatea that were under confifcation : the property carried off by the Britiih, and belonging to the citizens of the ftate, far exceeded in value the property which, by our laws, has been confifcated and fold : and no fublequent ^&. of confifcation has taken place to the above recom- mendation of congrefs. This ftate pafTed an a£l, February 26ch, 1782, to prevent the re- covery of debts : and this being done prior to the treaty of peace, and fince continued, from time to time, in force, could not poffibly have in view to diftrefs the Britifh fubjeds. The treaty of peace alfo required twelve months to be allowed banifhed perfons, and others attached to Britifh government, to fettle their affairs. This ftate has generoufly added three months more to the twelve; and in fome inftances, upon application, it has been further extended by tlie executive. I have the honor to be, &c. WIXLM. MOULTRIE. Honorable John Jay, Efq. f' C 128 ] No. 45. StUraS of a Letttr from Rubor J I/arrifon, Eff, jfttomey of the Uni* ted States for the Diftria of New Torh, to the Seeretaty of State, . dated New Tori, December 4/A, 1 790. THE ad relative to debt» due to perfons within the enemv'a lanes, appears to have been paiTed even before the provifional articles were concluded between Great Britain and the United States. It cannot therefore be confidered as an infra£lion of a treaty not exift- sDg until feveral months after, which at moft could only be contem- plated as probable, and was perhaps confidered as barely poffiUe. Whatever, therefore, might be the nature or tendency of this ad* its orinn was not exceptionable, as interfering with any national compad. The ad, befides a temporary reftraint upon commencing any fuits by oerfons who had been with the enemy (which was re- moved foon after the peace) fubjeded fuch perfons to the lofs of in- tereft upon their debts icom ift January, 1776, made then k'able to any farther abatement, even of the principal, which referrces might thuk proper, and obliged them to receive the balance in public fe- curities. The operation of this ad became, foon after the peace, a fubjed of much complaint, grounded upon that article of the treaty which forbids any impediment to the recovery of the full value in fterling money of all buna fide debts, and that which declares that no per* ion fliall fuffer any future lofs in his perfon, liberty, or property. With regard to Britifli creditors, who were fuppofed to be the pro* per obje£b of the 4th article of the treaty, the fuperior courts of the ftate foon reftrained the operation of the ad, and I do not know a fingle inftance where they have been held to be affeded by it. No. 46. The following are the material Fads in relation to the Cafe of Rutr gers againft Waddington, as far as they are now recoUeded, and a confidence is entertained that the Statement is fubftantially ac- curate. THE fuit was brought in the mayor's court of the city of New York, for the occupation and injury of a brcw-houfe in that city, during the poflcflion of it by the Britifli army, founded upon an ad of the ffa||te of New York, entitled " An Ad for granting a more cffiedual relief in cafes of certain trefpaffes," which gives remedy, by adion of trefpafs, to all citizens who had refided without the enemy's , lines, againft thofe who had refided within thofe lines, wherever the property of the former had been occupied, injured, deftroyed, pur- chafed, or received by the latter, declaring, *' that no defendant fhottld be admitted to plead in juUification, any military order or command whatever of the enemy, for fuch occupancy, injury, de- Arudion, purchafe, or receipt, nor to give the fame in evidence on the general iflue." This ad was pafled fubfequcnt to the provifional, ^ut prior to the definitive, treaty. The fad was, that the defendant had occupied the brcw-houfe in qucftion, under regular authority of per* r «i9 ] ihc Britiih army, proceeding, for a part of the time, immediately from the commander in chief, and for another part of it from the quarter- mafter-general, and had even paid rent for the ufe of it. Several pleas were pleaded for the different portions of time cor- rcfponding with the itate of the fa£l, one alleginp; the occupation, under the immediate order of the commander in chief, the other un* der that of the quarter-mafter-gcneral. The particulars of the pleas appear to be accurately dated in Mr* Hammond's memorial. The court allowed th; plea which alleged the occupation under the immediate authority of the commander in chief, and over-ruled the other, giving judgment for the plaintiff for the portion of time covered by the latter. The ground of diitindlion was, that it could not be in the courfe of fervice, for a quarter-mafter-general to let out brew-houfes. The force of the treaty to over-rule the inhibition againfl pleading a military order, was admitted by the decifion, which allowed, in fa£t, the validity of fuch an order, when proceeding from the conk* thander in chief. . But a urit of error was brought by the defendant to reverfc the judgment in the fupreme court, and pending that writ, a voluntary com- promije between th? parties took place, which fuperfeded its profecu- tion to a final decifion. A fum of money was paid by the defendant, in confequence of this compromife. It is, however, but candor to acknowledge, that from the uncer- tainty of the event, the defire of the defendant to compromife, as a prudential courfe, was not difcouragcd by his counfel. It is not rccoUe^ed that any decifion ever took place in the fu- preme court of the flate, giving effeft to the inhibition above men- tioned. It is believed that none ever did. — ^The exceptionable claufe was repealed by an acl of the 4th of April, 1787, which put an end to the quedion. I adieu s attorney and counfel for the defendant. ALEXANDER HAMILTON. Philadelphia, April 19th, 1792. Sir, No. 47. Philadelphia, April nth, 1792. HAVING been accidentally prefent nt the examination of the tvitneffes againfl John Smith Hatfield, taken before the proper magi- Urate, in New Jerfey, on a hab. corpus brought by Hatfield, to ob- tain an order for bail or difcharge, I have taken the liberty to give the fubflince of the teflimony. Hatfield was an inhabitant of Eliza- beth-tow 1, in New jerfey, and went over to tht: Dritifh in 1778. A certain Mr. Ball, alio an inhabitant of New Jcrfcy, ufed to fupply the Britifh on Staten Ifland, with provilioivj, by flealth, it beirtv c:)ntrary to our Inw. A fpy having been taken in our linen, who had been a refugee, was tried by a court martial and executed. The next tinEi|iBall went over to the ifland with provifions, the refugeei^ of S a C 130 3 whom Jcihn Smith Hatfield was onr, feized him, and threatened t* execute him in retaliation. The Britifh commanding officer exprefsly forbade it, on which they determined to take him out of the Britim ttne«, and within ours, and there execute him. The commanding officer fent for the witncfs, and after enquiring into the character of Ball, told the witnefsthat he had forbade it, but ftill feared that ther would put their threats into execution, by removing Ball without his jurifdt^ion. But if they (hould, the officer defired witnefs to inform our people that the Britiih had nothing to do with it, and that the perfons guilty of the crime, muft anfwer, alone, for it. On witnefs's return, he faw a boat with a number of men, among whom HatBeld was one, paffing over to Bergen (hore, he faw them land, take a man, who was tied, out of the boat, and lead him to a tree, place him on a table, and one of the number tie a rope, that was round his neck, to a limb of the tree, and take the table from under him, whereby he was left hanging. Witnefs waited at the tavern till their return, when he heard Hat6eld fay, that he had hanged Ball, and wilhed ne had many more rebels, he would repeat it with pleafure. Sometime afterwards Hatfitld ihowed witnefs the tree on which he faid he had hanged Ball, and where he was buried. — On this evidence, and other corroborating tcltimony, the magiftrate took the matter into confideration, but on examining the hab. corpus, and finding it had iflued at common law, and not under the ilatute, and knowing that he ad^ed merely in a fummary way, determined that it would be highly imprudent for him to decide fo great a quellion, and one in which the treaty of peace was involved, <>n fo (light a confideration, when the court was near at hand, he coin luded to remand the prifoner to New Ark gaol, where he had nearly loil his life by his debauche- ries. At the meeting of the court in Bergen county (in which the crime iwas committed) the evidence did not attend, whereupon the court adjourned the bufinefs till the next court, and conlidering the peculiar (tuation of the prifoner, thought proper to bail him, but Hatfield immediately ran away and never again returncd» The bail have applied to the legiflatiire for relief againft their recognizance, and I believe have been difchargcd. Thefc are the fadls, in fliort, as far as my memory will ferve me ; my colleagues not knowing of this matter, but from general report, could fay nothing but what arofc theicfrom. — I cannot afcertain the year this happfned, with ccrt;tluty, but believe it was in 1788. If il (hould be nrcefTaiy, t!ic ailidaNils may be produced, as they are with the judge, or cmong the files of the court. I have the honor to be, with great refpcdl, Sir, your moil obedient humble fervant, ELIAS BOUDINOT. "The honorahk the Secretary of State. Since writing the alunc, Mr. lioudinot is well informed that Hat- field's couiii^;! has advifcd his bail to pltnd to the adtion agalnll them en the reco- lUiiance, ni they coulidtr th.ra ;'.s net legally b;mud tApay the has not the forfeiture, and not to apply to the leglHature for redress. Thin has been done fome time pall, iince which the attorney-general hay not moved the queillon. No. 48. I DO hereby certify, that there never has been cither originally inftituted In the fupreme court of the United States or removed there, from any inferior couit of the United States, any fuit or claim, be- tween a fubiefl of the king of Great Britain on the one part, and a citizen or citizens of the United States on the other. As witnefs my hand, SAMUEL DAYARD, Clk. of the fupreme court of the United Scateii, Philadelphia, April 25th, 1792. U o. 49. THE fubfcribing fenators and reprcfentatlves of the Rate of Mar ryland, in the congrefs of the United States, in reply to the enquiries addretfed to them by the fecretary of flate, not having in this city the neceffary documents, to which they might particularly refer, can only inform him generally. That foon after the pacification between thcfe dates and Great Britain, complaints of an ob(lru6lIon to the recovery of ^ritlfh debts in fome of the ftates by his Britannio majefty*s minlller, Mr. Pitt* were tranfmitted by congrefs to the feveral dates, accompanied by|a requlfitlon of that honorable body, that laws fhould be paffcd to- fecure the effe£lual obfervance of the treaty. The leglflature of Ma- ryland in confequence thereof, enabled a law declaring the treaty the fupreme law of the land, which was in reality, but a compliance in form, with what had, in effcdl, taken place immediately after the exchange of the ratifications of the definitive treaty. Britlfh fuits having been maintained from that period, in the fuperior and inferior tribunals throughout the ftate without any ob(lru6lion whatever, to our knowledge, except In one Inftance in the county of Charles, wherein a lawyer thought it advifable to withdraw fome actions of this defcription, from a dread of pppular interference. But on the fpeedy interpofitlon of authority, thofe fuits were all rcftored, and the perfons concerned brought to a proper fcnfc of their mlfconducl : from that event to the prcfent, Britlfli claimants, as well under con- trafts previous to the late war, as fince, liavt, In every Indance, en- joyed every facility in the tribunals of juillce of Maryland, equally with her own citizens. They have recovered in due courle of law and remitted to Great Britain, large debts of either defcription. It Is, however, to be underdoud, that the cafes of perfons who, during the late war paid debts, contrafted previoiifly thereto, into the trcnfur)' of Maryland, by virtue of, and In conformity with, two at\i of that date of 1780, chapter 5lh and 45tl), have prefcntcd to the courts of that country, an important qucdion, involving princlpleg 9f much nicety, entenfive national importance, which if nut aual^ C ija ] SOU! to, and exprcfsly prutrfted by, the laws of nationi, and prcc«* ents drawn from other countries, were yet of novel imprcfllun in America, and required much deliberation. A variety of fuch fuita were brought ; the ufual iteps were regularly and without interruption purfued ; the gentlemen at the bar of the fuprcmc common law court were nearlv equally divided, on the different fides of thefe cluims, and it waa finally agreed between them, to fcledl fome one cafe for trial, on the fate of which the reft (hould depend. The cafe of Mildred againft Dorfey, which is particularly mentioned by tlu- fecretary, was the individual cafe fo felefted, and after a full hearing, the court determined againft the American citizens, in favor of the Britifh claimants; on which an appeal was entered, as is ufual in all cafes of confequence, ^ndthat caufe together with all others fimilarly circum- llanccd, wherein new fecurity could be procured by the defendant, removed to the high court of appeals uf Maryland, where it now remains'fbf final decifion, and where it will he tried as foon as the accuftomed legal forms arc complied with. Throughout the whole progrefs of this fuit, there has been no delay on the part of the courts or tlie defendants } all the forms have been condutEted upon the prin- ciple of mutual agreement between the counfel on either party. With refpedt to the cafe of Harrifon's reprefentatives : — On the dlfclofure of fadls made by the trultees of the will of Harrifon, on oath, in chancerv, in confcquence of the claim made by the attorney- general, in behalf of the ftate, the chancery court determined it in favor of the ftate, it is believed, on this principle, that however Great Britain might confider the antinati, as fubjed^s born, and that they could not diveft thcmfclves of inheritable qualities, yet that the principle did not reciprocate on America, as thofe antinati of Great Britain could never be confidered as fubjeAs born of Maryland. The legiflature, however, took the matter up and paiTed an adt relinquilhing any right of the ftate, and directing the intention of the teftatorto take eSciri, notwithftaiiding fuch right. It is conceived, that this was a liberal and voluntary interpolition, on the part of thelegif-, lature, in behalf of the reprefentatives of Harrifon, who are at liberty to purfue their claim. JN"- HENRY, C H. C A R R O L L, of Carrollton, JOHN F. MERCER, SAMUEL STERRET, TOSA. SENEY, W. V. MURRAY, PHILIP KEY, UPTON SHEREDINE, £xi C 133 3 No. 50. Mxirall of a Ltttirfrom fVilliam Tif^hman, E/quire, to daitJ Chffier'TowH, ytphl 26th, 1793. Dbar Sir» YOUR favor of the 15th iiiAant, found me at Eafton. There it no doubt but Britiih fubjedts have uniformly been permitted to reco- ver from the citizens of Maryland, their debts due on caufcs of aAi- on exifting before the late war.— The only difputc has been about the intereit which accrued during the war. Our courts have decided the point of interell againfl the Britiih creditor.— But this dccifion hat been founded on general principles, and not on any a6t of afTemblf contravening the treaty of peace. We have recognized that treaty as the law of the land, by a parti- cular a£t of aflembly, and our judges have given one very linking proof of their impartiality in the conilrudtion of it. I allude to the decifion of the general court in favor of Britifh creditors, againft a number of Maryland citizens, who, during the war, depufited paper money in the treafury, under the fand^ion of a law at that time exift- ing, m fatisfadtion of their debts. Whether the treaty fhould have fuch retrofpedt 89 to avoid thcfe payments was certainly a doubtful point. It would be endlefs to enumerate the particular inftances of BritiHi debts recovered. One or two I will mention, of a ftronger nature than common, which have fallen within my own knowledge. Cn. Chriftie, whofe eftate (except his debts) was confifcated, for adher- ing to the BritiHi army, recovered upwards of ^. 1200 (lerling, from Colonel Richard Graves, of this county, on a judgment ob- tained before the revolution. — Mr. George Rome, of London, re- ceived/row thejlate of Maryland, upwards of £. 1700 currency, on a claim which he had a^ainil Colonel Chalmers of the British army, whofe eftate had been fcized by the itate, on an attainder of treafon. In fliort, it is notorious that we have complied with the true fpirit of the treaty, and that our government has thrown no legal impedi- ment in the way of the recovery of debts due to Britiih fubjedts from pur citizens, prior to the revolution. I am, dear Sir, with refpcA and efteem, yours, WM. TILGHMAN. No. 51. Dear Sir, Annapolis, April 23d, 179a. YOUR favor of the 15th inftant came fafe to hand, and on ex- amining the records of our court, I find a number of fuits, com- menced by Britiih merchants, againft citizens of this ftate, fur debts contradted before the revolution, in which judgments have been uni- verfally rendered and carried into execution ; the plaintiffs in every cafe, releafed the intereft during the war. James Gordon and others, have brought at leaft a hundered fuits, fince the year eighty-five, for old debts, and recovered judgments : John Buchanan and, Co. have alfo brought a number of luits, in which they have alfo obtained C 134 I judgments ; one in particular, againft Charles Ridgety, fon of Wil- liam, of Baltimore county, for a very confiderable debt, in which a payment into the treafury was plead, and proves to have been made agreeably to our a6^ of aflembly ; in this, and feveral other fimilar cafes, the court on a cafe ftated, gave judgment for the plaintiffs for the full fum due, with intcreft, except the intereft during the war, computed from the 4th July, 1776, to the 3d September, 17B3. Spears, French, and Co. James Ruflel's adminiftrator, and feveral other Britifh merchants, have brought fuits for debts of the above defcription, and recovered judgments with as much facility, as one citizen againft another could do. I could with cafe give you the par- tics' names, in all the judgments rendered in our court, of the defcrip- tion you mention, but from your letter, I imagine a few will anfwer. I have, therefore, only feledted fuch as you will obferve at the foot of this letter. I am, dear fir, with great efleem, your very humble fervant, JN°. GWINN. jfames Gordon^ formerly the houfe of John Glafsford tsf Co. Samtt jfobn Buchanan tff Co. Samet Cunninghamt Fintiley, Cff Co. Same, George and Andrew Buchanan, Same, James Clerhe, adm: of J at. Rnffell, Same, Thontat Siewardfon, adm. of Daniel Mildred, Same, Spears, French, w* Co. Same, jfamts Brown t^ Co. Same, vs. Judith Chafe. vs. George Dent* vs. Charles Ridgely, of William, vs. Samuel Lane. vs. John Belt, vs. N'uholas L. Sewell, vs. Randolph Brandt* vs. Richard Brandt^ vs. fofeph Davis. vs. Jofeph milinfon, vs. Edward Dorfey, fon of Jho, vs. John F. Bowie. vs. Robert Warfeld. vs. John Plummer. vs. Henry Stone/lreet* vs. John Thomfon. Honorahle William V. Murray, Efq. Sir, No. 53. Philadelphia, May lii, 1792. IN April, 1791, in the dirtrift court of Frcderickfturgh, the cafe Mitchell agaiiiil Wallis, in which tlie law of the (late was plead, in bar of the debt, the following were the circumftances : Mitchell, a native of Great Britain, reliding and trading in Vir- ^'iuia, having debt-) due him to a great amount, conveyed thrm, - itb other property, jull before the war, to the ufe of his creditors, in Great Britain, and of one creditor in Viiginia. In this fituation the «icbts remained throujli the war^ and the a^Slion wa« brought in favor fftf the famJ fuclj trea^ fcl I cove of tl that] woul iipoii Iha^ t ns 1 pttf the Britlfh creditors, in 1788 or 89, and judgment rendered for the plaintiffs. Several other Judgments were entered in favor of the fame parties, in that and the fubfequent term. This mult be deemed fuch a debt as was fuppofed to be prohibited and provided for by the treaty : It was fo argued on the part of the defendant, whoic coun* fel I was, and yet judgment was given againft him. I have not known of any other inftances, wherein the right to re- cover was regularly contefted. It was, however, always the opinioA of the ableft counfel at the bar, that thofe debts were recoverable, that no law prohibited it, and if it were otherwife, that the treaty would controul it. Since the eftablifhment of the prefent government^ upon the prefumption there would be no further doubt on the fubje^t* I have likewife heard feveral of the ftatc judges fay they had enter* tained the fame opinion. It is true the Britifh merchants declined generally bringing fuits prior to that event, nor indeed have any great number been fmcc brought in the federal courts. For the motive to this condud, it is not neceflary to hazard a conjedlure, as your enquiries refpc^ only the law, and the decifions under it. Certain it is, they have been progrefling, and with great fuccefs fince the peace, in the amicable adjuftment of their accounts with their debtors, which hai perhaps been more effe^ual (admitting that there was no difpute a- bout the recovery otherwife than other debts) than any other courfe would have been. The county courts, until very lately, have had exclufive jurifdi£^i- on of fums under ten pounds only. Upon all fums above that amoimt their decifions have been fubje^ to the revifiun and controul of the fuperior courts. A late modification gives them original jurifdi£tion of fums under ;^. 30 — but, as well as I remember, fubjc^ as before to correction of the fuperior courts by appeal or fuperfedeas. I be- lieve there are but few debts under that fum of the kind referred. In the federal court no caufe had been put at iflfiie, until the latl November term, at which time, that of Jones and Walker was ar- gued, but continued over to the prefent upon account of the abfence of Judge Blair, who left the bench in cunl'cquenco of the death of bis fon. I have the honor to be, &c. JAS. MONROE. No. 53. The Secretary 0/ State. Philadelpiua, May 6th, 1792. Sir, A WRITTEN recpieft from you, was fome days fmcc prefentcd to me, as one of the delejration in cougrefs for the Hat" of Virglnlj, to communicate to you, fuch information rcfpcdinj^ the prefent Hate of debts due to Britilh fubjeds in that ilatc, ai had come to my knowledge ; in compliance with which rcqad^;, 1 now furnilh you with the following Hate of fads. C 13^ ] Pixvipufly to my elcftion to congrefs, I had been cngaj^cd for fc- veral years in the praAicc of law in the ftatc of Virginia. In the prc- fecution of that bufinefs, I was often applied to upon the fubjeA of debts due to Britifli fubjetfts, and had an opportunity of ohferving the proceedings of fcvcral of the courts, in fuits brought for the re- covery of fuch debts. The rulc*j of fcveral of the county courts, were not entirely uni- form. In fome of the counties, fuits of that defcription were general- ly continued upon the dockets without trial ; but they were fuch as were not much preffed by the plaintiff's counfel. In other counties they were brought to trial, and in all the cafes within my recoUeftl- on, in which the debts were eftablifhcd by competent tcftimony, judgments were rendered for the plaintiffs ; except in one inllance, in the court for the county of Chefterficld, where, upon an tjfue of fall upon the plea of a Briti/h debtf the jury found the plaintiffs to be Britifh fubje£ls, which finding canfed fome delay, but judgment was afterwards rendered in the fame court for the fame debt, and the mo- ney fince paid under the judgment. The plaintiffs in this fuit were formerly Britifh merchants^ under the firm of Robert Donald, jun. and Co. I was counfel for the com- pany in that fuit, and have been concerned as counfel for them, or for fome of the members uiuler other firms, in at leaft one hundred cafes, in which the plaintiffs have received judgments in their favor, and, I believe, have been as fuccefsful in collefting monies under judgments as isufually the cafe with citizens of the flate of Virginia. 1 recoUeft a cafe in the court of the county of Cumberland, in whici'i Robert Donald was plaintiff againfl Rolfe Eldridge defendant, upon a bond, judgment was given for the plaintiff. The defendant obtain- ed an injunAion from the chancery fide of the fame court to flay proceedings, &c. upon the fu;j;ge(lIon, that the debt was originally due to Britifh fiibjefts, who were merchants and partners, and had been changed by obtaining a bond to Donald, in his individual capa- city, who was ail American citizen. Upon application the fuit was brought before the chnt;cellor by certiorari^ and the injuniftion dif- folved ; during; the fame time, the money for which judgment was rendered, has h.cn fince paid, I believe, to my agent, and palfed in account with inc, to the credit of the company of which Donald was a member. 1 am now concerned in feveral fuits in tlic high court of chancer)', for the puijjofe of foreclofing mortgages executed to Britifh fubjedts ; they have not yet come to a doifion. I entertain no doubt, however, but that the decrees will be for foreclofing the mortgages and the payment of the money fecurcd by them. It may he obU rved, upon the whole, that there have been temporary delays in fome of the courts, attending tlie recovery of dcl)ts of the defcription before men- tioned, bf.t it is certain, that m.uiy judgments have been rendered io.- them, and m.jv.iea p:.!.!, I)y means of compulfory procefj, in piirfu- ance of thofc jv.dgiv.:ntr.. I am njw in great haftc. If any further in- C 137 3 mation vrltltin my knowledge be ncccd'aryf I fliall take plcafur« |i| communicating it, upon rcqiiell. I am, fir, with very gicat refped, Your obt^dient fervant, WM. B. GIL?J|, Sir, No. 5+. 3K)fATK Ckamher, 13th April, 1793' I HAVE heard of but few fuitg brought by Dritlfh creditorsi jincc the pcacf, for the recovery of debts in the ftate of North Caro? lina, and n«ver heard that any one had failed of" a recovery, becaule he was a B; itifli fuLjjtl. In one inftancc, where a fuit was inlliiuted, and in my direction, for he recovery of a debt, contiiiCled ia 1 768, at which time the jilainiiff returned to Great Britain and has been rcful<'Mt in London from that time, a rj:ovcry was had, in tlie fu- perior court at Edcnton, in April lalt, for the full valur, nor v.as it any part of the defence, that the plaintiff was a Britlfli fubjcift, thi»'igh the faiif was notorious. The parties were Alexander KlmUcy againd Stcphe . I^''c*s executors. The caft of Bayind agauill Sinf!;icton, as I recolleft it, was this: M»-. Cornell, the father of M;, Bayard, was a merchant in the towi^ of Ni'wbern, in No;th Carolina ; fome time previous to the de -'ara- ti'-i of indtpcndence, he went to Eur'. pi*, leaving his family in Ne\y- bcr , and after that rciurn'^d from Europe to New York, ti'.cn a B>:' !h ;^3rrifon From New York, he cause to Newbern in a flaj:^ of ^rut , but the aff-mbly, flicii fitting, riajfed to permit him to cnnjc on til re, unicis he would lake an calh of alleciunce t ) the Hate, whii Is he: refiifed. While on ')oard thhubrick, and a citizen of South Carolina, for a difcovery of aflet?, can likewife be afccrtained here ; and will tend to prove, that Britifh fubjefts have free acctTs to the courts of South CaroUna. Neither can any a^ of the legiHature, making a difcrimination between their own citizens and the fubjed^H of Great Britain, in this particular, be adduced, except on the queition of intereft during the xvar, which by their A&. is referved for judicial determination. They feem there- fore to have confidered the 4th article of the treaty of peace as im- porting nothing more, than that the fubje^s of his Britannic majefty Ihould receive as ample and as fpeedy juilice in the recovery of their debts as their own citiz ns : — in confunnity to which principle, their regulations concerning the recovery of del)ts have been eftablifhed. The new federal conititution Is now, however, adopted by that l^ate, and the federal courts are in the excercife of theh" powers. Paper money is no longer a tender in payment of debts, and the 3d fedlion of the 9th article of their ftate conllitution, formed in June, 1790, declares, that no law impairing the obligation of con- trails, rtiall ever be pafTed by the legiilature or*!.e ftate. I li.ivf the honor to be. With (ci)timentti of the utmoft confideration andrefpeA, Sir, Your mod obedient and moil humble fervant, THOMAS PINCKNEY. PHitADri-PHiA, 9th May, 1792. The Secrelary nf Slate, No. $^. B. Extrafl of a Letter from Ednx ard Ruiled^Ct Efq. — dalcd Charlejon, 261 h Mity^ 1792. YOU know I am not fond of the attofffliy'a bufinefs, and do but little of it; liowever, in my own pr«6tice 1 can furuilh fcvcrol in- iA jut refl chij it tl inoi thel ider pa inci in hfj. t IJ9 1 inces of ai^ioni having been brought by Bi-ltifh fubje£ls, for debt! tdue to them before the war, by Amcricaa citizens, and carried to judgment. The Rev. Mr. Conrper, who in the ftrft commencement of the war, refufed to take the oath, and went off, brought an a£iion againft MeU chier Gamer, executor of William Gamer. I brought it, prfufccuted it to judgment, and iflued execution—the eftate inio;vent becaufe hits moveable property was carried off or dcilroyed by the Britifli during the war. Powel, Hopton and Co. vs. Gaillard-'— I carried this to judgment, idem, vs. Godfrey, 1 carried to judgment and execution, and the pa ty fatisfied — i. e. received fati-'atkory payments. James Simpfon vs. executors of Major Hugcr, Bay attorney, judg* rocnt and execution-^ Rofs and Mills vs. John Deas — debt on bond in 1773, for a real BritiHi debt with Britifh merchants who were nevev in this country. I carried it to judgment. After th,i deatli of Deas the executors applied to Mr Penman, who was the agent of Rofs and Mills for permifllon to fell — he gave perm iillon-»t hey fold >— he bought a plantation, which Mr. Lowndes took off his hands, and gare the bonds of John Middieton in payment, the balance of the debt was difchargcd to the fatisfuflion of Mr Penman, and I, as attorney on record, entered up fatisfa^ion— this cafe goes the whole length of the bufmefs. And I aver that there is not a fingle inftance to be produced, Mrheretn a Britifh creditor of any defcription has met with more im- pediment in the recovery of his debt, than our own citizens. The queftion of intereft has not yet been tried, but wc were ever ready to try it. Sik, No. 56, IN anfwcr to your note of the i6th inftant, we muft fay that we know of no initance of a recover)' in the ilatc of Georgia by a Britifh creditor againft his debtor ; we fay with equal truth, tl-.at v. e know no initance of any judgment againd fuch recovery fiiicc tin* r\- tiHcation of \he treaty of peace, as the creditors, iuttead of rcfurtin^ to the law, have fettled, or avx- In a courfe of fettling, in an amicable way with their debtors : ana we are Hill further able to ad'ure yi'U, that the federal couit is as open and unobllruded to Britiih creditors in Georgia, as in any other of the United States. April 2 5'Lh, 179»» Tho. Jeffcrfon, Efq> With great rcfpccl, we arc, &c. W. FEW, J. GUNN, ABR BALDVvMN, ^ F R A N S. W I L L I iJ. i^-^ t .46 j No. 57. ^ itxtraa of a Lcllcr frtm tin Honorable John yiJamtf Efq. Mitiifler Plenipotintiaiy of the Unite J Slates of Amer'ua^ at the Court of Great Britain^ to the Honorable jfohn jay^ Efq. Secretary for Foreign jljfairs— dated Grofvtnor Square, June \ 6th, 1786. LORD Carmarthen told' me ycllerday "That he had letters from Mr. Anllcy mentioning his civil reception :" A long con-effiition enftlcd upon the fubjcd of the pofl», debts, 8cc, little of which, be- ing new, is worth repeating. The pt^licy of givirtg up the intcrcft during the war, and of agreeing to a plan of payment by inftalments^ Was again infifttd on, from' various confiderations, particularly from ihe evident injudlce of demanding intercll for that period. It wat> iir^ed that the claim of intercft; in moft cafes, was grounded upon cuilom^ and the mutual un^eribnding of the parties ; but that it ne- ver had btcn the cuftom, nor had it ever been undcrftood or forefeen^ that an a£^ of parliament fhould be pafled, calling the American debtor, out of the protection of tht crown, cutting off all correfpond- Cnce and rendering all intercourfe criminal ; for that was the refult and the legal conitrudion during the whole war. . Here lus lordAiip fully agreed with mej and even out-went me, iayir.g, that *' It was fry true, that by conlliti£lion of the law of tiiis land, it waa lagtb i .uion in a creditor in Great Britain to receive ii remittance fron. V'i drbtoi in America during the war." His lordihip ?dtfrH ibmt 1 »jri : expreflions concerning the intereft^ and Wiflied ih» lie c«u *t8 verc opened for recovering the principal 1 Wc hiigbt lea< c the btf ifV for au after confiderations No. 58. Extras of a Lnher from the Comm'iffioners of the United States, for «r- gociating a Pea^e with Great Britaih, to D, Hartley, Efq. — dated ■ ^afy, July I'jth, 1783. W£ are alfo inftvuCted to reprefent to you, that many of the Bri« ii(h debtors in America, have in the cotirfe of the war, fudained fuch tonfiderable and heavy loffes by the operation of ihe Britifli arms in that country, that a great number of tli« m have been rendered inca- pable of immediately fiitisfying thoie debts : We refer it to tlie j < I» e and equity of Great Britain, fo far to amend iho article on that fub- je6l, as that no Execution (hall be ifliied on a judgment to be obtained in any fuch cafe, but ^fter the expiration of three yc^.rs from the d?.te of the definitive treaty of peace. Congrcfa alfo tiiinit it reafonahlc that fuch part of the intereft which may haveaccrued on fuch debts during tlie war, (hall not be payable, bccnufe all inUrcourfc between the two countries, had, during that period, I t'omc unpradt! cable as Well as improper ; it does not appear jull that iidividuals in America fhouki pay for delays in payment wliich were jtcafioncd by ilii: civil and niilltaiy intafurts of Great Britain. In our opinion the intereit of the creditors as well as the debtors, . requires that fomc tmdernef^ he Ihovvn to"^ latter, and that they i'hculd tc nllcued a t:;tle time to acnuire the means of difcharging f iCCIVC His and We t HI 3 • * aei}t3, whUt in many inftances, exceed the whole amount of tlietr )>roperty. No. 59. Extras of a Later from Wittiam Rawie, Efq. Attomty of the United Stately for tije Diftria of Pennfyivania, to the Secretary of 5/ a fubjcfi of, and ^cfidcnt in, Grtat Britain. The court in this, as they have done in every fimilar cafe, dire£te In the Supreme Court of Pennfyhanuik the true tenants of Pi Iceland, j Removed by certiorari from the common-pleas of Chcfter county— > returnable to January term, 1 788. >r9, Vtey ling At nifi prius at Weft Chefter, 8th May, 1789, tried vfrdift for tiie plaintitf, and jury certified to the court, that the debt due on this adion by the dcfeiiJauts to the plaintitf, amounted to thirty>feven thoufand one hundred and nine pounds and one penny, and found (ix pence damages and fix pence colls, belides the coils expended, ad July, 1789, Judg. nifi, from the records, pr. GEO. DAVIS, for EDW. BURD, Prothon. I ceitify that a levari facias itTued upon the above judgment rr- turnabie to September term.- one thoufand feven hundred and eighty- nine, and by virtue thereof, the (heiilF feizcd and took, in execution ten thoufand one hu-uln d and lixtccn acres of land, being the pre- mifcs niorigaged, and afterwards fold the fame at public vendue for the futn of fifteen thoufand pounds, lawful money of Pennfyivania) to Samuel Hoare, he being the highcft and beft bidder. Witwefs mv hand, the 7th April, 1792. GEO. DAVIS, for EDW. BURD, Prothon. C «4. ] No. 60. }^xtra8 9/ • Letter 9f March i$ibt l^B9, from the Bi-itifi Con/ul tt PbiiaJelphia, to the Prefident of Pennfjlvanta» "THE fcttlcment of intoreft on debts due to Britiih merchanti^ hcrct antecedent to the late troubles, has already been a fiibjeA of fome dticuffion in the courts, and will, I prefume, be deemed by your excellency and the council, a matter of fo much importance, as to require fome particular Icgiflative intcrpofitioni to define its naturt and extent." OhfcrvaHont m th< preeettmg Extract fy Wtltum Lewitt Efy* jftttm^ tf the Dtfiria of Penafylvanm, for the United Staieu THE Irgidature of the year t788, did not think themfelves au- t&orifed by any pn'nciplcs of found policy or good government, to pafs a law to denne the nature and extent of contraSs enteted into more than a dozen years before, and it is r^fonable to prefume that fuch a law would have been complained of as an infradion of the treaty. Every pcrfon has been left to purfue his remedy at law, with- out any particular a£l being made for the allowance or abatement of intereft ; and as the queftion has altogether depended on the laws of England, the conful's acknowledgment that ** The channels of juf- tice flow with great purity, and impartiality in Pennfylvania, and that the laws arc faithfully and diligently adminiftered/' feems to be a full refutation af.his own objcAion. Since, however, the obje£lion is fo much infilled on, I will take the liberty of mentioning fome faAs, a knowledge whereof may be neccflary to form a judgment re- fpefting it. I believe it is truly ftated by the confiil, that ** The terms of con- tracts between Dritifh and American merchants, are, for the moft part, of this fort. Goods are fent hither to be paid fur in one year } after which intereft becomes due at the yearly rate of 5 per cent." This having been a long eitablifhed ufagc, has fo far receive*] the fan6tion of our courts, as that intercft has been allowed in fucli cafes from the end of the year ) but as there is no pofitive law for the allowing of intereft on an account, as the claim of intcrell by Britifti merchants frum their American debtors, was founded on this ufage alone | and as no inftance has before happened, of the intercourfc between the people of Great Britain and ot America being interrupted by wsir, our courts held the cafe tu be a new one, to which the ufage did not extend, and as there was neither I»w nor ufage fur allowing intereft during the war, that is, from the battle of Lexington, in April, 17751 until the provifional aiticlcs ix-tv.cen the United States and his Bri- tannic majefty, in November, 1782, it has been generally difallowed ^uiui^ that period. It* the debt had been contra^cd more than a year before the battle of Lexington, intereft has been allowed, I believe in all cafes, from tlio time of the debt becoming due, until the battle of Lexington, and from the provifional ani*.lc», until the time of payment. The rule has been reciprocrJ. It prevailed in a trial in our fuprcmc courts Iwdr, not |775» IBri. »wed C 143 3 wherein t cititen of a neighbouriiifl; ftate was plaintiiT and a BntUh fubjc^t defendanti although the debt had been contnidted long before the war. It has been obferved in other cafes, aud I very miich doubt if a different one has prevailed at Wcdminftcr-Hallf in a£iioDS brought on running accounts. The ju(^^ have uniformly and without hefitation declared in favor of the treaty, on the ground of its being the fupremc bw of the land. On this ground they have not only difcharged attainted trai* tors from arrcft, but have frequently declared, that they were ciw titled by the treaty to pruteAion. I am» with the higheft eileem. Your muil obedient, and very humble fervaiit, WILLIAM LLWia. The Honorable Thomas JcfTerfon, F.fj, Secreuiry of State of the Un'ttai States. Mr, Hammond, Mlni/ler Plenipotentiary of Oreat Briltunt to Mr, Jef' ferfon. Secretary of State of the United States, Phivapelphia, June 3d, \^^^• Sia, I HAVE the honor of acknowledging the receipt of your letter of the 39th ult. which I (hall tranfniit, without delay, to my court, for the confidrration of his mnjefty's miniftcrs. The matter contained in your letter, being fo various and extenfivet I fear that much time mufl elafpe, before I can be enabled to com- municate to you my obfervations upon it. You may, however, be af- fured, that I will ufe every exertion to avoid unneceifar)' procrai^i- nation. To this obfervation you will permit me, fir, to add that fome of the principles, which you have advanced, do not appear to me, at the prefcnt moment, to be entirely relevant to the fubjc6ta adtually under difcuflion between our refpei^ive countries : And the difference between us in our ftatement of potitive fads is fo eflcntial as to ren- der it an a£t of duty to nw own character, to vindicate the purity of the fuurces, from which I have derived my information, by recurring to them for corroborating teftlmony. If there exilt any points upon which I have been mifinformcd, I will moll readily acknowledge my error ; but I trull, upon the whole, that the additional evidence with which I expert to be fumifhed, will fully fubllantiate the allegations I hc.ve made, and effc^ually protect me from the imputation of ne- gligence, or the fufpicion of intentional deception. Although it is by 00 means in my power to enter into an immediv ate examination of the gcni'ral contents of yoiit- letter, my defign of fending it to England induces me to requeft an explanation of one pait of it, which refers to a tranfadlion that yoii ilatc to have taken plice i|i that country. Towards the cunclufion i>f your letter, you cite two cafes, which, in your opinion, controvert my pofitioti that ** in the comtf ef laW| in Great 13nt4in, thecitizcu^ of the United Statcsi C 144 3 have experienced, without excfption, the fame protection and impar- tial diil ibution of jullice as the fubje6ts of the crown."— .With re- fpe6t to the former of thofe cafes (that of the fum of money, ilic Jiroperty of the ftate of MaryUnd, and detained in England) 1 love bme general notion of the particulars of it. — But in rc^rd to the latter cafe, I have no knowledge of it whatfoevcr. I therefore intreat vuii, fir, to have the goodnefa to inform me, whether the judge of the court of king's bench, to whom you alhide, delivered the opini> on of the court, in the general terms which you have employed, viz. •* that a e'ltizen nf the United States ^ who has delivered j^". 43,000 fterr ling worth of Eaft India goods to a Briti(h fubjeA at Oftend, receiv- ing only ;^. 18,000 in part payment, is not entitled tu maintain an aaion for the balance, in a court of Great Britain, though his debtor be found there, is in cuftody of the court, and acknowledg(.s the fac^s.'* I mud own, fir, that even from your ftatcment, I am inclined tu infer, that the circumftance of Greene's being a citizen of the United States, had no connexion with the decifion of the queftinn ; and that the fame judgment would have been given in an a^ion of a iiml- lar nature, depending between two fubjetts of the crown of Great 3ritain. I have the honor to'be, fir, &c. GEO. HAMMOND. 1^ To the Minifier Plenipotentiary of Great Britain, Philadelphia, June I9tb, 1793* Sir, IH A D the honor to addrefs you a letter, on the 29th of May was twelvemonth, on the articles ftill unexecuted of the treaty of peace between the two nations. The fubjeci was. extenfivc and •important, and therefore rendered a certain degree of delay, in the re- ply, to be expelled. But it ha^ now become fuch, as naturally to generate difquietude. The intercil we hare in the wedern pofts, the blood and treafurc which their detention cofts us daily, cannot but produce a cdrrerpondenr anxiety on our part. Permit me, therefoij;, to aflc, when I may expeti^l the honor of a reply to my letter ? and to afliire you of the fentiments of refped, with which I have the honor to be, fir, yours, &c. TH. JEFFERSONv JMr, HammonJt Minifier Plenipotentiary tf Great Britain^ to Mr. Jef' jerfany Secretary of St.tte, Sir, Philadelphia, 20th June, 1793* IH A V E duly received your letter of yeftcrday. In a writtv'n communication, which I had the honor of (tddrcfliug to you on the 2d of June, 1792, andalfo, in a converfaticn which 1 had with yoU on the following day, I afTured you, that I (hould lofe no tim« in conveying to tl^e kiug's miniliers in England; your reprefcntation, tlic C prii lO, (hot) lion hithi *vhi< have :ittr:i h.'ve perl Ihali C 145 3 bjei*:ts that are unire remote; and that, may» perhaps, have b:en r. !;arded as fomcwhat lefs urgent. Whenever I ih.ili l.arii his mij.:!)' pleafurc on he fiibjccl of your reprefent:'tion, you may drpetid, fir, on I'penlMy receivinj; my reply; to the prepa- rat'on of which, but little ■ ne will be r »;uiftte on my part, as, in ciM'fcquence of my cxtrtituit- the ptnptil', I haveaheady e.dledtcd, ill ;'ii i eoantiy, the evulciuv; .uetffuy to fuhllantidtc moll of the princip:.) facts advanicd in my Ihjl'incnt of the 5th uf Man.h, tc* which tint repicfeiitaiiun was iiirtiuled as au anfwer. There is one pafTu^v in your Ltt.r of yelUrday, fir. which it boc.imes me to take fome iiutice — The pafr.i;je 1 aUudi to, is that whciiin you mention " th^ blood and tveafnre which the detention of the werteni pofts cofts the United St.it es daily." I cann«)t tafily ( on- jt' ture the motives in which this declaration has t»ri^;inated. Alter fhe evidence thai this giwernmcnt has repeat dly nceived, of the ftr!«Sl neutrality obferved l»y the kiiijj's pcwcriioi of Canada, during the prtfent contell bitweci the United States .t id tite ItulIanH, and of the difpoiltioii of thoiv oRiceij to facilitate, n far as may be in their power, any negoei itions for peace, I will not, for a moment, fm igiiiv, that the e\prcni.)ii I have cited, was int^-nded to convey tlu! iiiUiuation of their havin^r pmfiicd a dillercnt conduct, or that it had any reference." t.> thofe alleil-o.j ;, \Auc.h lr.w been lately di.Teminated, v.th move thim iif.ial inil ;llry, through the public prints in this coun- try, lh;;t the wcitern pa!is In-, e b-:en uful, l»v tlie government of Ca- nada, as the medliiin of fup^lyin^ military itores to the Indiana now enjifn.^tdin wir with ihi, 'eJnitcd Si ale;. 1 < 111 afliire yo.', fir, that If the delay, on the part of my country, uy tti>' ex.c'ition of certain arlicles of th'- treaty of peace, is fuch at» t.> create difquietude in th'igovcrnm.'ut, I alf) experience fi; .liar im- p.efii.)in, \v;;h refped to tlMiV ptti-'les wiiicli havv, hitherto, not been carried into cftVct by the U illtd Stat* ■« ; a» I am perpetually receiv- in!j conpl.'ints tVom ilie iirililh creflicor.;, and their a;;ents in thi.< counti \ , of ih-'Ir inability to procure leg d addrefj in tiny of the couita of law iii one or two of lii : loiithcrn ihites ; in wliieh (latea, the j^itateft pn.t of the del t rt-inalnin^ due to the fni>i'''ts of (Ircat: Britain, Hill co'.itiu!' j to exiil in the fame conuiliou aa that in wtacil it was at the coneluiioncf the war. I have the honor to be, with great rcfpe^l, Kli-, your moll obedient ftivant, U u GEO. HAMMOND. > IMAGE EVALUATION TEST TARGET (MT-3) // ^ A u 1.25 ^. ^ FhotogFaphic Sciences Corparalion 23 WIST MAIN STRUT WIBSTU,N.Y. 14560 (7l6)t72-4S03 t 14^ ] Mr, Jefferfon, Setretary of States to Mr. HammoHtlf Mini/ier Pkmpt" tentiary of Great Britain, Germantown, November 13th) 1793. Sir, IN a letter which I had the honor of addrefling you on the 1 9th of June laft, I afked for information, when we might cxpedt an an- Iwer to that which I had written you on the 29th of May was twelve> month, on the articles Hill unexecuted of the treaty of peace be- tween the two nations. In your anfwer of the next day, you were plcafed to inform me, that you had forwarded the letter of the 29th of May, 1792, in the eourfe of a- few days after its date, and that you daily exped^ed in- . ftru£^ions on the fubje^ } that you prefumed thefe had been delayed in confequence of the very iuterefting events which had occurred in £urope, and which had been of a nature fo prefllng and important, tiA probably to have attra£led the whole attention of your minifters, and thus to hdve diverted it from cbJee bound by treaty, to admit this exception, in favor of Denmark and Sweden, but flie cannot be bound by treaty to withhold it firom VSf^ ^nd if i( be withheld merely bccaufc no( eflnblifhed with us by C I50 1 itreaty^, what mig^t not we« on the fame ground, have withheld ffbm- Grcat Britain, during the fliort coiirfe of the prefent war, as well at the peace which has preceded it ? Whether thefc explanations with the Britiih government, fliall be verbal or in writing, is left to yourfelC Verbal communications are very infecure, for it is only to deny them or to change their terms, «n order to do away their tSe6t at any time ; thofe in virriting have many and obvious advantages, and ought tp be preferred unlefs there be obAacles of fvhioh we are not apprized. 1 have the honor to be, ' With gre^t and fincere efteem. Dear fir, - Your mod obedient fervant, TH. JEFFERSON. (Copy.) George R. Iff IV AdJttiimal Inftru3ions to the Commanders of his Majejiy's K*^'^ krt Ships of War, and Privateers that have or may have Let' L. S.^ ters of Marque againff France. Given at our Court at St» ym^ ^J^ ^ames*St the eighth Day of June^ 1 793, and in thf thirty jnTik third Tear of our Rei^nf ift, ''T^ l^AI* it niall be lawful to ftop and detain all veflels loaded X wholly or in part with com, flour or meal, boimd to any port in l^rance, or any port ocpupied by the armies of France, and to fend them to fuch ports as {hall be mod convenient, in order that fuch corn, n^eal or 3pur, may be purcbafed on behalf of his majeily's government, and the (hips be releafed after fudi purchafe, and after a due allp\yance for fi'eight, or th^t the mailers of fuch (hips pi^ giv- ing due fecurlty, to be approved pf by the court of ado^i^lty, be permitted to proceed to difpofe pf their cargoes of corn, meal or flour, in the ports of any country in amity with his majefly. 2d, That it fliall be lawful for the commanders of his majefty^s fliips of war, and privateers thaj: have, or may have letters of marque agalnft France, tp fblze all (hips, whatever be their cargoes, that fliall be found attempting to ^nter any bIockade4 port, and tp feqd the fame for condemnation, together with their cargoes, except the fliipa of Denmark and Sweden, which fliall only be prevented fironi enter- ing on the iirll attempt^ but on the fecond fliaU be feqt in for con« denniation likewife. 3d, That m cafe hismajefly fhall declare any port tp be blockaded, the commandei-s of his mzyefty's fliips of war, an<^|>rivateers that have, pr may have, letters of marque againit France, are hereby enjoined if they meet with fliips at fea, which appear from their papers to be deflined to fuch blockaded port, but to have failed from the ports of their refpcdtive countries, before the declaration of the blockade (hall have arrived there to advertifc them thereof, and to admonifli them |o go to other ports, but they are not to moleft them afterwards, un- t tSi 1 or sd. left it (hall appear, that they have continued their courfe with inteillt to enter the blockaded port, in which cafe they (hall be fubje£l to capture and condemnation, as (hall likewife all (hips whercfoevcr found, that (hall appear to have failed from their ports, bound to any port which his majedy (hall have declared to be blockaded, after fuch de- claration (hall have been known in the country from which they fail- ed, and all (hips which in the courfe of the voyage (hall have re- ceived notice o^ the blockade in any manner, and yet (hall have pur- fued their courfe with intent to enter the fame. G. R. Mr, Hammondf Mlntjter Plenipotentiary of Great Britain^ to Mr. JeJ» ferfoHy Secretary of State. Philadelphia, 12th September, 1793. Sir, I HAVE the honor of tranfmitting to you a copy of an addition- al inftru^ion, given by his majefty's order in council, to the commanders of the Briti(h armed ve(rel3, rcfpe^ing the commerce of neutral nations with France, in the articles of <;rain, and alfo with regard to fuch French ports as may, in the courfe of the war,, be blockaded by the veffels of his majefty, or of the other powei^ en- gaged in the war. In communicating to you this paper, it is necelTary for me to re- mark, that by the law of nations, as laid down by the mo(t modem writers, it is exprefsly (lated, that all provifions are to be confidered as contraband, and as fuch, liable to confifcation ; in the cafe where the depriving an enemy of thefe fupplics, is one of the means intend- ed to be employed for reducing him to reafonable terms of peace — The aflual Situation of France, is notoriouHy fuch, as to lead to the employing this mode of diftrefling her by the joint operations of the di(Ferent powers engaged in the war, and the reaConing which in thefe authors appplies to all cafes of this foct, is certainly much more applicable to the prefmt cafe, in which the diftrefs refults from the unufual mode of war, employed by the enemy himfclf, in having armed almoft the whole labounng clafa of the French nation, for the purpofe of commencing and fupportlng holtilities ag^inll all the go- vernments of Europe — But this reafoning is molt of all applicable to the circumftances of a trade, which is now, in a great meafure, entirely carried on by the aAually ruling party of France itfclf, and which is, therefore, no longer to be regarded, as a mercantile fpecula- tion of individuals, but as an immoderate operation of the very pcr- fons who have decl:uK|d war, and are now carrying it on againft Great Britain — On thefe ornifiderations^ therefore, the powers at war would have been perfc£lly juftifiable if they had con(idcred aU proviHons 1% contraband ; and had diredled them as fuch to be brought in for coi • fifcation. But the prefent meafure purfued by his majefty's government, o far from going to the extent, which the law of nations and the cii- cumftaaces of the cafe would have vrarranted, only has prevented the ^ mi C t5» 1 French from being fupplied with corn, omitting all mchtion of ofl/r proviHunSi and even with rcfped to corn, the regulation adopted, is one, which Inftead of contifcating the cargoes, fecurcs to the propri- ct(>r9, ftippofing them neutral, a full indcmnitication for any lofsthcy may pollibly fuilaln. — Witli rffpeiiil to the rule that nas been adopted relative to porta bloclcaded, It is conformable to the gerteral law and pratkice of all nations, and the exception there mentioned as to Denmark and. Swe- dci», h.i3 rcfeix^nc* to cr.itling treaties with thofe powers : ind caiiiiot^ therefore, give any jtill ground:; of umbrage or jealoufy to other powers, botwt'vn whom and Great Britaiq, no fuch treaties fubfid. Before 1 conclude this letter, I deem it proper to exprefs my hope thj^t jtou, fir, will perceive In the communication, Itfelf, of thia paper, a proof of my willingnefs to furniHi this government with any in- tellij^jenc^ that may be intercfting to it, and thei'eby to anticipate the nccelfity of enquiries on the fubje£l, and I cannot avoid farther ad- ding my convidion that the explanation I have now given of this meafure, will fatiafaiSlorily evince the propriety of recurring to it iu, the prc^feut tnflancei 1 hnve the honor to be. With fentlments of great rcfpe£l, Sir, Your moft obedient humble fervant, GEO. HAMMONDi Mr. ' ji^Jf^rfon, Secretary of Stutey lo Mr. Hammond, Minlfter Plenlpo^, teiil'iary of Great Britain. September 22d> 1793* Sir, IH AVE yet to acknowledge the receipt of your favor of the i2tU inllant, covering an additional inilru£lion to the commanders of Rririfh armed vc(r.la, and explaining its principles; and I receive it readily as a proof of your wiiiingnefs to anticipate our enquiries on fubjeds Intevelling to us. Certainly none was ever more fo than the ir.iirudinn in quelHon, as It ftrlkes at the root of our agriculture^ and at the means of obtaining for our citizens In genei-al, the nume- ro.is articles ^f neceffity and comfort which they do not make for thenifelvt'R, but have hitherto procured from other nations by ex- cln ige. The paper had been before communicated to the prefident, and inilructions immediately fent to our minifter at London, to make proper rcprcHi'iitations on the fubje^t. In the eiFe£l of which we have al! that cunft'ence which the juftice of the Brl^ government Is cal- culated to Infpire. That " all provlfions are toWt confidered as con- traband In the cafe where the depriving an enemy of thefe fupplies is o'je of tlie means ht.entletl to be employed," or in any cafe but that of a pVtce acJunJly bJocl'nded, Is a pofition entirely new. However, the clircarijoi) having been transferred to another place, I forbear to enter into it here. I ai del in\ coj < '13 3 We had cooje^ured, but did not berore certainly know, that tttt diftin lay of juftice may be deemed equivalent to a denial, certainly may* ui the cafe of veflels, circumilanced as many of ours are) and the court of admiralty havin? adjourned to the 4th of September, witlv- but any decifion on the^ points, I reiterated my reprefentation to jthe fecretary of (late, who appeared to be furprized at the farther prc- praftination ; and I am, from circumilances, inclined to think, that lie will endeavour to accelerate this bufinefs, at the time to which the court Hands adjourned. As I thought it right that the evidence of our oppofition to the meafures purfued here, fhould not r^H merely pn official converfations, I took an opportunity of bringing forward the difculfion in writing, fo far, at leaft, as to amourt to an authen- tic document of our claim, with fome of the rcafons in fupport of it, iat the fame time that I endeavoured fo to guard it, as to leave our l^overnment unembarrafled in any line they might think propcY to fturfue. I enclofe a copy of what pafled on this fubje£^. I have the honor to be, &c. TH. PINCKNEY. ■!!«• (Copy.) MR. PINCKNEY has the honor of acTcnowledglng the re- ceipt of Lord Grenville's note of the 3 lit ult. and of ex- prefling his obligation for the aflurance therein contained, that his lordfliip's endeavours will be exerted to prevent, as far as pofllble, any inconvenience to .which the European commerce of the cftizens of the United State^of America may he liable, from the m^afur^rs unavoidably refulting from the exifting ftate of war ; and as his lordihip has adverted to an obfervation contained in Mr. Pinckney's note of the zzA. ult. he will take the liberty of briefly ftating the principal reafons which fuggefled his remark, that " fome of the meafures of this government will be coniidered by the United States as infringement* on the neu^ rights." The meafures allutled to. .are pnrticulatly tT)o(c which contravene the pnnciplef that free (hioA make free goods, and which prevent certain articles of proviHun, the produce of the United States, from betnp; carried in tht^ir o n velVels to the unbUickadcd ports of France. Witli refpeft to the firU, it ia conceived that as cunimercc has been more difTufively cultivated, and its principles better uiidcrftoud, the law of nations, relating thereto, ha> received material improvements fmce the publication of the moft modern and moft approved writers on that fubie^^, and that whatever doubts may formerly have exiilcd on'this point, that the fcnle of a confidcrablc majority of the maritime powers of Europe has, within the laft twenty years, been clearly expreflld in favor of the principle of free (hips making free goods, which has been manifeflcd, by their praflicc, in the latter years of the American war, by the ftipultitiona tntcred into nt that time, and by their having inferted the fame in their latcft treaties. Of thcfe, the treaties entered Tnto between the United Slates and feveral European powers, are among the mod re* cent : all of which fupport this do£trine, by exprefs Aipulation ; and even Great Britain muft admit, that this principle contains nothiofir dilhonorable or improper, fince (he has adopted it in her commercial treaty with France ; and it may not be amifs here to remark, that the commerce of the United States is as advantageous to Great Bri- tain, taking all circumftances into confideration, as that of France has been : Suppofing, then, the quedion of right to be waved, would it be deemed unreafonable for the United States to expe£l equal advantages with thofe France would have enjoyed in (imilai' circumilances ? But the right now contended for, appears not only fu'pported by m6dera pra£tice, but to be conformable to reafon : For if two nations have the misfortune of being engaged in war ^gainft each other, it is evi« dently contrary to the diaates of reafon, that a third, who has no concern in the quarrel and has offended neither party, (hould be in* jured thereby, or be debarred from that intercourfe with either, which is not immediately connected with military operations. And al- tho* people in a ftate of war, have, in general, a right to feize or de- ftroy their enemy's property, yet they cannot be juftified in going, for that purpofe, upon neutral territory (in conformity to which doftrine, the Briti(h (hip Grange, captured by a French frigate in the bay of Delaware, was lately liberated by order of the American govera- n»ent ;) and the diftin^ion draw" bet>yeen neutral territory and neu- tral veflelg, does not appear to form a difference fufRciently fubftan- tial to preclude the application of the fame principles to both. It may be here added, that in the laft war, the Americans adopted, and carried into effect, this principle to the advantage of Briti(h fubjefts, having aftually liberated feveral Britifh cargoqbcaptured on board of neutral veflTels. Moft of the arguments oppofea to the firiit meafure, ^vill apply, with equal force, to that of bringing American provlfion veflTels, hound to the unblockaded ports of France, into this king- dom — ^To which it may be added, that if Mr. Pinckney's information 18 juft (and he has omitted no opportunity, which his fituation has affufd^d him, of obtaining accurate iotelligence on this fubje£l} tbe ha9 t '57 3 X$tk(on t^igntd by wHtm on the law of nationi» for mcafum ofthii Vaturc*, namely, the well-grounded hope of reducing an enemy hf fi- minc, does not apply, in the prefent inftance ) becaufe the price of, the articles pointed out in the additional inftruAions, is lower in the French ports, than in thofe of this kingdom, where thnx is, by no means, any fcarcity. Arguments, founded on the inconvenience at- tending the execution of meafures, may fairly be adduced a^^alnft their adoption ; thefe are fo numerous, and fo obvioufly oppoie ' to both the meafures now under confideration, that it would be fuper- 4uuu8 to fele^ any but thofe circumilances which prrfs in a peculiar fnanner upun the citizens of the United 3tate8. Under this head, it D)ay be obfcrved, that for want of arrangements being made for the fecurity vf American feamen in the ports of this country, they are fubjcdt to the various hardfhips Mr. Pinckney has fo frequently de- tailed to Lord Grenvillc ; of courfe their being cupturcd and brought into thefe ports, renders them liable to thofe difadvantages they would othcrwife have avoided. Grain being the principal export of the United States, if they are prevented from carrying tjiat cpmmodi* iy to the French ports, they art? not only deprived of that branch of commerce, but are prevented from drawing thofe commodities froiQ France, fur which they have occaHon { for in cafe of the capture and fale of their property here, other regulations prevent remittances f>eing made from hence to France, to purchafe the fupplies they want, Another inconvenience peculiar to the Americans, is, that the fimv> larity of language rendera them more obnoxious to the irritation arif« ipg from contumelious treatment, too often exhib'ted by the papcor^* to thofe whom they have taken ; which may, in part, be attributed to thofe perfons being intercfted in widening the field of capture, who are neceifarily employed in executing the meafure ; it renders them alfo more acceilible to offers of bribery, to commit unworthy a^ont | on both of which fubjedls, reprei'entations have been already made ; but the evil, Mr. Pinckney moll Hncerely deprecates, is the animofi- ty the execution of thefe meafures almoft unavoidably generates be- tween the parties concerned therein j which, by extending in their Yefpefiive countries, may eventually diminiih that friendfliip, which it if the intereft, and, he trufts, the defire of both nations to augw^ ipent. Thefe arguments might be detailed much more at length, and others added to corroborate them ; but Mr. Pinckney has deemed it neceflary only to touch upon fome of the reafons on which his obfer- Tation was founded, to obviate the idea of his wifl^ing to claim, in behalf of the United States, exemptions to which' they are not, in reafon, entitled. At the fame time, he aflures I^ord Grenville of the due fenfe which will, at all times, be entertained by his country, 'for any circumftances of particular attention to their commerce, and of iheir earneil deilre, by a reciprocation of good offices, to iacreaie t}ie mutual advantages of both natio^^ lk||lt» l^fitkfity Vgl Icvre to make hfe beft atknbwiedgmeftts t^ lioM GrMitilkS declaration of petfolial efteeiti, and to offer his fen- tHnemi of re^ciftfial coniideratian for his lordihip. tCopy.) * ' Wnttf^Atv, Joly sift, 17^3. LORD ORENVILLE has had the honor to receive Mr. Kncktiey*s rote of the I2d Jtdy, with the tnemorandirin ae- cxARpanying it ; he has dkefbed etiqoirv to ht thade refpe^ing thfi cafes of the fereml flitps mentioned hf Mr. IHntk&ey, \7hich he ap- prehends, however, to be all in a courfe of legal adjodicationy and cotifeqaetitly not in a ftate to admit of the interference of govern^ inent. Mr. PinckTiey may ht affbitd of LorA GrenriWe's beft endeavours tt an tinrev, to prevent, as far as polfible, any inconvenience arifing to the fvljeifls tif the United States in their European comnderce* from t^e tneaiures which unavoidably rd'oh from that ftate of war, In ttrhidk the maritime countries of Europe are engraged. But it i» hnpcffible for him not to remark^ in reply to the oibfervation contain- ed in Mr. Pinckney'a n«te, that the fteps adopted by this'govcm- ntent, fo jfar from bmg infraflions of the neutral rights afe oiort fatoralAe t?han the law of nations on that fobjeft, afi eftabliflied by (he moft modem and moft approved writers upon it ; knd that this t^t laid down here, has been marked with oircumftances of particu- ,lar attention to the commerce of America,* iu theinftance which * Lord OrentHl^ has already had the honor of pointing out to Mr* Pifickney. Lord Gren^^ avails himfelf of this opportunity, to afiure Mr. Hnckney of his fincere efteem and cpnlideration. * • Tbit ailudes 10 Ttee not being tnehdedin the prohiHtion. T, P* ■ Jifr, Pinehi^f Mlnifkr Plenipotentiary of tie Vaked SteUef, with Gre$t Britain^ to Mr. Jefferfotit Secretary of State. London, 25th September, 17^3. DtAa Sia, NO alteration has taken place iinee my laft, in the conduft of this government towards the neutral powers ; they ftillndlert the propriety foper appli|a- tion ; but thefe are frequently of a nature, to be with dimeulty brought onder the cogniaanee of the judiciary ; and I ^ud our fea- sting people in general, rathelrfrielined to fubmit to the firft incoil^ venlence, than rifle the event of a law-fuit. The court of admiralty ia the beginning of the prefent monthi adjudged freight, dem^age. 1 C 159 ] and expenfes to an American vefiel, whofe cargo was conddilMld* t am hopeful, fince this precedent, that it will be^ allowed in ul o« ther cafes, which will, of courfe, prevent fo many of our vdTcIt from being brought in. The protedion afforded our feamen^nrco mains, alfo, on the fame footing ; they profefs a willingnefs to fecure to us all real American feamen, when proved to be fuch ; but the proof they will not difpenfe with— our cbnfuls are allowed to jrive prote^iibns, where the maft^ of th« vdEtl, and the mariner, (wear, that the party is an American native, and citizen, which protedlions, in general, are refped^ed, though foms iiregularjties occafionally take place — So many obje£lions are ma4ip to. the arrangement we propofe on this fubjcdt, that I fee no profpeft of its taking place. I remain, with great and fincere refp«£^y Dear Sir, Your, &c. Sec. . THOMAS PINCKNEY- m Extras from ike Convention hefu>een his Brttanme Majejiy and the Em*- prtft of Rugia, fgiui. at LcnJon tht i$tb tf Mcu^^ 1795. Article 3d. Their faid majefties reciprocally engage, to (hut all their pmts a^ainft French (hips« not to perout: toe exportatimi io any cafe, from their faid ports for France, of any military or n^ val (lores, or corn, giraiiu falt>meat, or oth^r provifions ; and tm take aH other mcafnres in their power for injuring the commerce:* of France, and for bringing her, by fuch means, to juft condC* ti^ f% * ', i" ■^ *: 4.N ' T ■^ I ^ ♦ # i- ■"^^