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Les diagrammes suivants illustrent la mAthode. >y errata ed to >nt ine peiure, ipon A 1 2 3 32X 1 2 3 4 5 6 " «. - • » ' - .•**' .'•^" ♦ '.iU *T # 5<- ■. - V J • (f ^ ■ ■ • S 1^ 11 I i 1 • / • / - I mi .■v^MK. Arf-i Myvv- /^, \.'.'i^ '■*>■ ^* iM Tif P A !* £ R is RELATIVE to •1 G R E A T-B R I T A I N; Philadelphia, Nov. i9,i79t. f?^'*. J efferfon^ ^cretary of States to^r. Hammondy'MinifiierPtenipotemiary oC dreat Britain. «* Sir, IN recalling your attention to the 7th article 6f the definitive treaty of peace between the United States of America and his Britannic Ma- jc{^y, wherein it was flipuiated that *' his Britannic Majefty ihovild with ;-U convenient fpecd, and without caufiog any deftruftbn, or carrying away any negroes, or other property of the American Inh'abitants, . ithdraw ai! his anxi}Q|^|;arri(bns and fleets from the faid United States, and from every poll, plare', and harbour within the fame :" I need not obferve to you that this article ftil) rcnlains in a ftate of inexccution, nor recapiuilate what on other occafions has paft on this fttbjefi-. Of fill this, I prefume you are fiilty apprized, We coi^fider the friendly moyement lately made by the court of London, in fending a minifter to refide with us, as ^ favourable omen of its difpofition to cultivate harmony and good will between the two nations, and we are perfeftly perfuaded that thefe views will be cor- ilially feo0nded by yourfelf in the miniftry which you are appointed to eX'* •rcife between us* Permit mc, then, fir, to afk. whether you are infiruAed to give us explanations of the intentions of yeur court as to the execution •f (he article above qupted ? ^. With tefpeft to tlie commerce of the two countries, we have fiippofed that we faw in. feveral irftances, regulations on the part of your goveni'- ibent, which, if recipro$H||l;f adopted, would materially injure the intcre^» 4f both nations. \- CO i , 11 ' I ( ' / /I • u r ..^' '*^.-:- •^^ ' \ /7f3 . 0) ( « ) Oa this fubjeft too, I muft beg the fa of you to fay, whether you ■re authorized to conclude, or to negociate arrangements with us whicll may fix the commerce between the two countries on principles of recipro* cal advantage ? I have th« honour to bC} with fcnthnents ol the mod per* fe£l efteem and re(pe£t» * SIR, &c. ^ ' > TH: JEFFERSON. -.'.,, ••■it-'--*': *' ' '■■'•■■ Philadelphia, Not. 30th, 1791, Mr. Hammond, Mitiijier Plenipotattiary of GraU'Briiaia, to Mr. Jefferjort^ Secretary of State, Si r, "T HAVE the honour of acknowledging the receipt of your letter of * yeftcrday. With refpeft to the non-execution of the 7th article of the definitive treaty of peace between his Britannic Majcfty and the United States of America, which you have recalled to my attention, it is fcarcely neceflary for me to remark to you, fir, that the king, my matter, was in- duced to fufpcnd the execution of that article on his part, in con^equencQ^ ff the non-compliance, on the part of the United States, with the engage- ments contained in the 4th, 5th, and 6th articles of the fame treaty. Thefe two objefts are, therefore, fo materially conneded with each other as not to admit of reparation, either in the mode of difcufhng them, or iu any fubfequent arrangements which may refult from that difcuflion. In ftatingto you, fir, this indifpenfable confideration, I muft at the fame time afTur? you, that, in the confidence of experiencing a fimilar difpofition in the government of the United States, it is his Majcfty's dcfire to remove every ground and occafion of mifunderftanding which may arifc between the two countries: And in conformity to that difpofition in his Majefty, I can add, that I am inftru£led to enter into the difcufiion of all fuch mea- fures, as may be deemed the moft practicable and reafonablc for giving effeft to thofe ftipulations of the definitive treaty, the execution of which has hitherto been delayed, as well by the government of this country, a» fcy that of Great Britain. In anfwer to your queftion on the fubjeft of the commerce of Great- Bri- tain and the United States, I can alfo inform^ you, fir, that the king is fin- cerely difpofed to promote and facilitate the commercial intercourfe be- tween the two countries, and that I am authorized to communicate to thiit government his Majefty's rcadinefs to enter into a negociaticMi for efta- felilhing tha'. intercourfe upon principles of reciprocal benefit. Before I conclude this letter, I cannot omit mentioning the fenfe I en» tertain of the obliging cxprelFions of perfonal regard, which you, fir, hav& l>eea hold il cerityj commi vereigj add, t| inftruj the fJ count! %lr. %:. U1. > whether yotl with us whicll •les of recipro* ' ilie mod per. EFFERSON* 30th, 1791, your letter of article of the »d the United } it is fcarcely ifter, was in. I confcquence^ 1 the engagc- reaty. Thefe other as not m* or iu any n. i at the fame ar di/pofition he to remove 'rife between is Majefty, I 1 fuch mea- c for giving 3n of wliich country, as " Great- Bri- king is fin- rcourfe be- icate to thi» >n for efta- fenfe I en- I) fir, have beca |)een pleafcdto employ, relative to my appointment to the ftation which t bold in this country. I can venture to afllirc you, with the greateft fin- cerity, that it affords me the wkrmeft fatisfaftion to be the medium of communi«ating to the United States the aftual good difpofitjons cf my fo- vcreign and nation towards them — And I triift I may be permitted to add, that it would be the higheft objeft of my ambition, to be the humble inftrument of c«ntrib«ting, in any manner, to fix upon a permanent bafis the future fyftem of harmony and good underftanding between the two countries. , I have the honour «» be, with every fentiment of refpe£l and efteem. Sir, Your moft obedient and moft humble fervant, ' . * GEO. HAMMOND. Philadelphia, tiec. 6th, 1791. Jtfr, Hammond, Miniver Plenipotentiary of Great-Britain^ to Mr. Jefferfini Secretary of State ^ Sir, ■•"■ '■- •\-^-r-' AS I am extremely folicitous t« avoid any mifapprehenfion of my let- ter of the 30th ulto. I have now the honour of dating to you in explanation of that part of it to which you have adverted in yours o£ yefter day, that although (as I formerly mentioned in my firft converfa- ti ons with you after my arrival in this country) 1 am not as yet empowered to conclude any d'cfini;ive arrangement with rclpe£l to the commercial in- tercourfe between the two countries, I dill meant it to be underftood, that I am fully authorized to enter into a ncgociation for that purpofe, and into the difcuillon of fuch principles as may appear bcft calculated to promote -that ohjcfb, on a bafis of reciprocal advantage. I am farther authorized to receive any propofitions which this govern* qient may be plcafed to make to me upon this fubje£l. 1 have the honour to be, with every fentiment of rcfpeft and efteem. Sir, '■ Yuur moft obedient and moft humble ferrant, GEO, HAMMOND, Philadelphia, Dec. ij, i79i« ^. 'JffferjMy Stcret^y efSttOty to Mr. Uammmd^ Mimfitr Flenipoteutiaf^ of GreattBritaiiu Si K, 1H A VE laid before the Prcfident of the United States the letters of NoTt 30 and Dec. 6th with which you honoured me; and in confe- B 2 quence J' J: li: V i f ) gucnce thereof,'and particularly of that part of your letter of Dee. 6th, v/lux^ you fay that you arc fully authorized to enter into a negociation for the pur* pofe of arranging the commercial intercourfe between the two countries, i have the honour to inform you that I am ready to rcteirc a communication of your full powers for that purpofe, at any time you fh?\l think proper^ aniji to proceed immediately to their objedt. I have the honou* to be, with fentimentt of the "^ > moll perfect cftecm and refped, &c. TH: JEFFERSON. Philadelphia, Dec. 14, 1791. Mr, HammMd, Wnijier Plenipotentiary of Greca-Britain, to Mr. Jefferjon^ ' '■ ■ ' i' Secretary 9f State. • ' Sis, T N anfwcr to your letter of yefterday, J can only repeat what I have ■ before ftated in my ^rft converfations with you after my arrival, and fub- fequently in my letter of the 6th of this month ; viz. t^at I have no fpecial commiflion empowering me to conclude any vith a copy of which you have doubtlefs been furnifhcd. A difference of opinion too, having arifen as to the river intended by the I plenipotentiaries to be the boundary bct\veen us and the dominions of I Great-Britain, and by them called the St. Croix, which hame, it feems, is given to two different rivers, the afcertaining of this point becomes a inatter of prefcnt urgency : it has heretofore been the fubjeft of applications | from us to the government of Great-Britam. Tliere are other fmaller matters between the two nations which remain I to be adjuftcd, but I think it would be better to refer thefc for fettlcmentl through the ordinary channel of our minifters, than to embarrafs the I |)rcfent important difcuinens with them: they can never be obllacles to | friendfliip and harmony. Permit me now, Sir, to a& from you a fpccincation of the particular { aiEts, which being confidered by his Britannic majefty as a non-compliance on our part with the engagements contained in the 4th, 5th, and 6th articles of the treaty, induced hira to fufpcnd the execution of the yth, and render I a fcparate difcufHon of thetn inadmiinble. And accept aifurances of the V lii^heft refpett and efteem, . , , , ,^. , With which I have the honour to be. Sir, *- ' ,, Your moft obedient and moft humble fen'antf ': TH: JEFFERSON, Documents referred to, mdenclofid, Extraft of a letter of May ixth 1783, from Sir Guy Carlcton to Gene- ral Wafhington. Letter of May 24th 1 7S3, from the American Commifr fioners to Sir Guy Carleton. Letter of May a^th 1783, from Mr. Morgan for Sir Guy Carleton to the American Commilfioners. Remonftrance of June 9th 17 S3, from the American Commiinoners to Sir Guy Carleton. Letter of June 14th 1783, frqm the American Commif- fioners to General Wafhington. Extra£tof a rcmonftrance of June ^7, 1783, from the American Commiffioners to Sir Guy Carleton. Letter of Jan. «Sth 17S4, fr9n) the American Commiffioners to General Wafhington. \ txtraSi ; i 1 y SxtraB of a klUrffom Sir Guy Carlelon to General JTaJih^/ifH of ' '^ . i-tb May, 1783, ' T ENCLOSE a copy of an order which I have given out to prevcnC •*• the carrying away any negroes or other property of the American I inhabitants. I underftand from the gentlemen therein named, that they vifiteJ the fleet bound to Nova-Scotia, and ordered on flxore whatever came clearly under the above d«fci iption : there appeaired to be but little difference of opinion except in the cafe of the negroes who had been de- clared free previous to my arrival. — As I had no right to deprive them of that liberty I found them poffefled of, an accurate regifter was taken 0^ every circumftance rcfpefting them, fo at to fcrve as a record of the name lof the original proprietor of the negro, and as a rule by which to judge of [hit vahic. By this open method of condu£\ing the bufinefs, I hoped to prevent all fraud, and whatever might admit of different conftruftions ia left open for future explanation or compenfation. Had thefe negroes been denied (wrmiffion to embark, they would, in fpitc of every means to pre- vent it, have found various methods of quitting this place, fo that the former •wncr would no longer have been able to trace them, and of courfe would have loft in every way, all chance of compenfation. This bnfinefs, carried on in this public manner, and the orders nominat- linj; perfons to fuperintend embarkations publilhed in the gazette, I had no rcafon to think cither the embarkation or any circumftance attending it, could have been mattei of furprife to your excellency on the 6th of May. I [then, however, learned with cdncem, that the embarkation which had al- ready taken place, and in which a large number of negroes had been con- Teyedaway, appeared to your excellency as a incafure totally different from jthe letter and fpirit of the treaty. " The negroes in qucftion I have already faid I found free when I ar- [rived at New-York. I had therefore no right, as I thought, to prevent their Igotng.to any part of the world they thought proper. " I muft confefs that the mere fuppofition that the king's minifter could I deliberately ftipulate in a treaty, an engagement to be guilty of a notorious [breach of " the public faith," towards people of any complexion, feems to [denote a lefs friendly difpofition than I could wiih, and I think lefs friendly [than we might expcft. After all, I enly give my own opinion. Every Iregroe's name is regiftered, the matter I've formerly belonged to, with fuch other circumftances as ferveto denote his value, that it may be adjufted by compenfation^ if that was really the intention and meaning of the treaty. Reftoration, where infeparable from a breach of public faith, is, as the |wo(id, I think, muft allow, utterly impracticable. I know of no better method II 1 i . !1 H-: . < » > method oPprevcntIng abufc, and the carrying twxy negroes, or ethet kmH rican property, than that I propofed to the ntiniAer for foreign afiUn, in my letter of the fourteenth of April, the namingcommiffioncrstoalfift thofc appointed by me, to infpcft all cnnbarkcitions, and I am plcafcd to find your Excellency has approved of this method, and :\ppointed Ec;bert Bcnfon efquire, Licutciinnt colonel Smith, and Daniel Parker efquire, one of the contraflors for fuppiying your army with provifionj, commiflioners on your part for thi: purpofc.'' 1 am, Sir, &c. ' > GUY CARLETON. S/R," May aAth, 1783. From ibe QjmmiJJionen to Sir G:,y Carlcton, WITH this wt do ouifelvcs the honour to cranHnit your excellency the cr.fc of janits Van "Derblin^i Eliiuire, an inhabitant of this ftate, and conformable to the in{lru6ti>)n:> contained in our commiflion, it becomes our duty 10 vcciueft that ^vur excellency will pleafc to dircft that the claim of Mr. Van Derburgh may be enquired into, and if, on fuch j enquiry, the fatls, as ftated, fliould be prove J, that the horfc may then be delivered to Mr. Van Derbur^Ij. We have the honour to be, •'^.c. ' *' ' EGBERT BENSON. \V. S. SMITH. The Citft' of Jarrh-s ym Derburgh, Efquire, MR. Van Derburgh had an horfe ftofe from him, out of his fiable, in I Beckman'b precinft. In Dutchefs county, twenty-fixth of February I 1 7 So; and the horli; wa^ conveyed by the perlons who ftole him to a then! BritiHi poll in tVeft Chcfter c6unry,' \vherc he has fincc been detained, Wl that Mr. Van Derburgh could not recover him again. The horfe is noW[ in the poflclBon of colonel James D« Lancey, of this City, from whomi Mr. Van Derburgh has demanded him, and who rcfiifes to deliver him ts| Mr. \'an Derburgh. ' I ,-1- ',■ ', New-York ,'May a"9th,"iy83 deliYcr him tsl ( 9 ) •hs dedartd gtound of ydxir tiommiflion, he S$ ant »U« (Aifpendtng all other confideratioiit) to perceive either in that letter, or in any claufe o f yoar tnAruAknit, any authority for your officially claiming, on behalf of Mr. Van Derburgh, an horfe, (lolen or taken in Dutdiefs couitty, in the year t78«» and which you do not even fuggeft to be in danger of being prefcntljr embarked and carried away. ..i •. .i ; ^,1 -^.o^ rUti^^. " '•"' ;' "'" I have the honour to be, gentlemen, &c. ' ' '.IT. ,-il:r 7,-' M. MORGANN. _, ...^ Nkw- York, 9th June, 1783. Cofij> of a Keviwfifance from the CommiJJlnners to Sir Guy Cmletun, 'T^HE underftgned commillioners in behalf of the United States of AmeT X rica, do reprefent to your excellency, that, on Friday laft, the board MmfMBfed of the oommiiHonera app;>rnt0d by your excellency, arid" of the undeHijpied, examined intotheclaim of Mr. Philip Lett, to a negr&, ilaihcd Thotinte Francis, now on board a v^flel callod the Fair American, in thia harbour, aiidaboar to be carried off to the ifland^of Jamalu; that on fuch •xaNiiHatioa it appeared to the board that Mr. Lott purchafed the afor^- meanionKd negro from Mr. filihii Spencer, of New.'Jerfey, and that the faid negro came within the Britiih lines the fecond day of November laft, -•ad was enlifted, by Captain' ThelwaSI, in a corps diftinguiihed by the name «ftbr Jamaica Rangers. Captain Thelwall produced to the board a certi> ficate, from the commandant of this city, that the faid negro came withth the Bricifli lines, under the fan^ion of the proclamation refpe^^ing negroes. The underfigned, therefore, in conformity to that part of their comroif- fioa whereby they are required " to attend particularly to the due exe- cution of that part of the feventh article of the provifional treaty, where it is agreed, his Britannic majefty fhall withdraw his armies, &.c. without caVjfmg any dcftruflion, or carrying away any negroea or other property of the American inhabitants," do reqtieft of your excellency, that the faid Captain The lu'all may be prohibited from carrying away the faid negro, and in conformity to that part of their commilfion, whereby they are required " to obtain the delivery of all negroes, and other property of the inhabit- ants of the United States in the poflTcflion of the Britifli forces, or any fub- ie£b of, or adherents to his Britannic majefty," do further rcqueft pf your cxceUeocy that the faid negro may be delivered to Mr. Lott, The underfigned do themfelves the honour, herewith, to tranfmit to your excellency a copy of an a£l of the United States in Congrefs afTembled of the twenty-futh pf May laft, which has been tranfmittcd to them by his C excellency % h \ ii :I1 1 III U: ... -M^ ( ^^ ) excellency general Wafliington, with direaion« to pay ftrift attention tn the injun£lion« of congrefs contained in the faid aft ; and at the undep- fjgned are by their commiffion enjoined to reprefent to the commander in chief of the Britiih forces in this city, every infraftion of the articles of peace, it therefore becomes their duty to remonftrate to your excellency againft your permitting any negroes, the property of the citizens pf thcfc ftates, to leave this city, and to infift on a difcontinuance of that ma- I-.:*'- .: ' EGBT. BENSON, WILLM. S. SMITH, DANIEL PA^IKER, If Ccpy of a Letter from the Cotnmljfionen to General Wajbingtan, New-York, June 14, 1783* (. Sir, ...:'..- t WE do ourfelves the honour to acknowledge thejreceipt of your ex- cellency's letter of the fecond inftant, covering the a£k of con- grefs of the twenty-fixth ult. and we alfo do ourfelves the honour to tranf- mit your excellency a copy of a memorial which we prefented to Sir Guy Carleton on Mondiy laft, to which we have not, as yet, received any anfwer, except a verbal mefTage by his deputy fecretary, that he did not conceive an anfwer, at this time, neceffary. ■ '(> ' / <♦.;•> e»^vf iih;- Your excellency will recolleft, that in anftvering our claim for reftitution in the cafe of Mr. Vanderburgh, Sir Guy Carleton intimated. an impro- priety in the claim, as the property was not fuggefted to be in danger qf being fent away : this left room for an idea that, poflibly, property about to be fent away would be reftored, and we apprized your excellency, that we fhould take the firft fair octaiion which Ihould prefent itfelf, to remove all doubt on this point, and with this view we made the requifttion in be- half of Mr. Lott J and we conceive it is now reduced to a ceruinty, that all applications for the delivery of property will be fruitlefs, and we ihall therefore defift from ttiem. That part of the memorial which is in the nature of a remonftrance, \% in confequence of the rcfolution of congrefs, and your excellency's letter, which accompanied it. ' ■ . ' '• v. ;.■•/• 'j;t, u. Yefterday we affifted m fuperintcnding an embarkation, confifting of fourteen tranfports bound to Nova Scotia, having on board, as nearly as we could eftimate, about three thoufand fouls, among which were at leaft one hundred and thirty negroes, who appeared to be property of the citizens of the United States \ and as this embarkation was made iince wi prefented our memorial, and as it were in the face of it, we fubmit it to your excellency, . . -' whether attention tq the undem (imander in articles of exctllency ens qF thcfe that mea* TH. LER, potr. 14, 1783, of your ex> ; a£i of con- )ur to tranf- inted to Sir received any t he did not }r reftitution :d an impro- in danger qf iperty about Ilency, that f» to remove iiition in be- inty, that all ind we Ihall inftrance, is ncy's letter, confifting of learly as we at leaft one : citizens of cfcntcd our excellency, whether fcthfether it Is heceffary for us further to remonftnite to Sir Guy Carlcton, againft his permitting flaves, the property of American fubjefts, to leave this place, and could wiih to receive your eJtcellency's directions on that fubjcft* f 5- ; '.-• ; c ,ij We have the henourto be, &c. ' ' • ■ • ir-^ t<»nij. ■ni EGBT. BENSON. DANIEL PARKER. Ex trail of a Remonjhrance from the Commijfimers to Sir Guy Carleton. Nf.w- York, June 17th, 178J, 'TT^HE underfigned comrtiilfioners, in behalf of the United States of -^ America, did, with intent to comply with their inftru£tions dire£ting them " to afllft fuch perfons as fhould be appointed by your excellency in fupcrintending and infpe£ting fuch embarkations as the evacuation of this , place fhould require," on Friday laft affift the commiilioners appointed by your excellency in fupcrintending and infpeAing an embarkation made by dire£):ion of your excellency, and condftingof fourteen tranfports in the pay and fervice of the crown of Great Britain, bound for the province of Nova Scotia, and having on board, as near as the underfigned could cftimatc, 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 fubjcds not relldbg within the Britifli lines. The underfigned, therefore, in order to guard againft improper inferences from their filcnce on this occafion, and from their condufl: in future, con« ceive it incumbent on tliem to reprefent to your excellency, that, notwith* flanding any aft on their part in fuperintending or infpefting the above- mentioned, or aay other embarkation, they do, and fhall confider the per- miflion from your excellency, to any negroes belonging to the citizens of thefe ftates, to leave this city, as an infraftipn of the treaty of peace, agree- able to their reprelbntation of the ninth inftant ; and that they dp not, nei- ther can they confider the faid embarkation or any other of a fimilar nature, as an embarkation which the evacuation of this i , ace requires. XJn ■.>,■ ^oi^.i^ i. . h:i< ■,i:'\> 'u.. New-York, 1 8th Jantiary, ^784, From the CommlJJ!oners to bis Excellency General IVaJbtngtott, Sir, THE Britifh troops being wholly withdniwn from this place, it onty remains to the clofing the bufinefs under your excellency's commiffioa «o us of the eighth of May ult. that we Ihould report our proceedings. « tmiM^ \ C» Wt # m'i \ 11 h ■t't!: J\ ''^ ' ■'^., 1 * 0' We preiume it will be necAlds to recapitulate otir former comtnunicai lions, and therefore take the liberty of referring te our letters to your ex- cellency of the thirtieth of May, fourteenth and eighuenth of Ju«e laft, with their rcfpcftivc enclofurcs. ' ■* '^! As Sir Guy Carletoo did not, except in one or two inftanccs, anfwer our rcprcfentations, we forbore to make further reprcfcntation. We inter- preted his filcnce into a determination that all future application from usf ftiould remain equally unnoticed, and therefore prcfumed, that they would be, not only fruirlefs, but alfo derogatory to the dignity of the fovcreignty by whole authority we \\ crc commiHioned. From our firft arrival in this city hitherto, we have, whenever we wcr« formally reaueftcd, by the Britiih commillioners, affifted them in fupcr* intending embarkations. Thcle embarkations were always made in veffels in the pay and fcrvicc of thei crown of Great Britain, and the fuperin- tcndcnce confifted in vifiting the (hips after they were laden and ready for failing* and taking an account of the negroes which the captain informecl us were on board, and which were alfo produced to us. The captains were then aiked, whether they had any other American property 90 board. They all anfwered in the negative, and this was r^cpived as evidence, without further fcrutiny, or examination. A defcriptive lift of negroes your excellency will receive with this. This liil, as to the names of tht negroes and places of refulcncc of their mailers, is formed from the ds«- claration of the negroes themlelvcs, made to the Britifh commifl^oncrs iik our prefence. We conceive it requifite to inform your excellency, that Sir Guy Carlcton retained and excrcifed the authority of entering and clearing out merchant veflbls, at this port, which were never fubmitted toany infr jition, and confequently, it is impolfible for us to determine, for a certainty, th» number of negroes, or the amount of other property belonging to the citizens of the United States, which were carried away in thofe vcflcls, neither do we know that any mcafures were ul'ed by the Britiih government to afcer- tain thefe points. Sir Guy Carleton aSe<^ed to diftinguilh between the cafes of fuch negroes as came within the Britiih lines, in confequencc of the promifcs of freedom and indemnity held out in the proclamations of kis preJccelTors, and fuch as came in, either previous to the proclamations, or fuUftquent to the celTation of hoftiiities. Negroes of the iirft defcription he fuppoTed not included in the treaty, as the public faith had* prior to the treaty, been pledged to them for their fecurity againft the cl^msof their fmner mailers. Admitting this diIlin£i:ion to be juft, we woul4 mention a ciKumftance to your excellency, which wc fu{^ofe noothcrwi(W material^ than to ihew, that Sir Guy CacUton, or at kaft that hit fiibec- . . dinatt '9^ THIS [ f hereof lines, i SirllenryC •'-* ^-tf..—**- n^ t n ) IjBinate officers did not iatend to obferre the trntf^ even agreeable to their I own limited conftruAion of it. Whenever the negroes, at an infpeftion of an embarkation, were exa« I mined, they always, except in a very few instances, produced a printed Itcrtificate from the commandant of the city, counrerfigncd by his fecrc- Itary, purporting that they came within the Britifli lines in confcquence of Ithe proclamations iflued by Sir Henry Clinton and others. We were fen* Iriblc, as there was no mode prefcribcd for inveftigating thcfe matters, that pt was impofliblc the commandant or his Iccrctary could, in every cafe, have fufBcient proof of the time of the negroes coming in, and therefore boncliided there muft be an abufe. . lu this we were not deceived ; for ic ippcars, that certiBcates with blanks were given by the commandant to Individuals, to be filled up as their convenience might require. One of pefc blank certificates has fallen into our hands, and we tranfmit it to [our excellency. Sir Guy Carleton, during the whole of the time from our arrival in thift Kty, until his departure, on the 25th of November, exercifed the fame lind of jurifdi^on in this city, and on Long liland, and Staten Ifland, nd as fully as his predecefTors in command had, at any period of the war. Ind in the exercife of this jurifdi£tion, he retained the regulation of the pmnierce of this port, continued to leafe and receive the rents of a num- cr of houfci in this city, which had been previouily taken, and the rents ppropriated by the Britifh government here as belonging to perfons re- ping without their lines, and by them, therefore, declared as being in Ibellion : he refufed, except in a very few inftances, to reftore perfons, tio were deiirous of returning to their former habitations, the pofTeirioa [their eftates, and caufed feveral citizens of the United States to be ap- ^hended, and tried by courts martial. A confiderable embarkation of jots took place the day this city was evacuated. The hurry of bufi- ft, on the part of the Britons, is the oftenfiblc reafon why we were not I'ited to the infpeftion, as appears by a letter from Captain GilEllan. We have the honour to be, &c. "'^ EGBT. BENSON. ,.;.:_:.;...... .-..;..-•> ^^s^ SMITH. DAN. PARKER. THE BLANK CERTIFICATE. New-York, April 23d, 178J. >||) THIS is to certify, to whomfoever it may concern, that the bearer a negro» reforted to the Britifh lines, in confequence of the proclamations of Sir William Howe I SirKenry Clinton, late commanders in chief in AniQrica j And» that the " ' faid Mo^L.:. 4; '■ f hereof ' III I I vi ) ■p "m ...J ht,i ( 14 ) ftid negro has hereby his excellency Sir Guy Catleton's permiflibn to g(» to Nova Scotia, or wherever tlfe may think proper. By order of Brigadier general Birch, commandant of the city and garrifon of New- York, this day of Aprilj Annoque Domini, 17834 E. WILLIAMS, Major of Brigade. Philadei.vhia, Dec. 19th, 1791. Mi: HammnnJ, Minijler Pk>iil>olftitiary of Crral Britain, to Mi: 'Jeffofn^ Sccretoiv of State, , Sir, T HAVE the honour of acknowledging the receipt of your letter of tin ijth currt. and of exprcifing my pcrfefl approbation of, and concur' fence in the mode you have fugge(tcd of dilculfing the fcvcral particulars relative to the rton-execution of the definitive treaty of peace. In conformity to your example, I am now preparing an abftraft of the drcumftances that appear to me contraventions, on the part of the Unifcdj States, of the fourth, fifth, and fixth articles of that treaty. This abftraa| I intend to prefcnt to you, fir, with as little delay as the eXtenfive natu of the fubjeft under confideration will admit. ' ■ ' I have the honour to be, with fcntiments, &c. Your moft obedient humble fcrvant, GEO. HAMMOND. Philadelphia, March 5, 1791. Mi: Hammond, Minijler Plenipotentiary of Great Britain, to Mr. Jtfferjoni Secretary of State. Sir, TN conformity to tlie mode which you have purfued and fuggefted, ll have now the honour of fubmitting to you an abftraft of fuch particulaij afts of the United States, as appear to me infraftions, on their pait, of thi definitive treaty of peace, concluded between the king my mafter and tliil United States. The nccelhty of collcfting from diftant parts of this con- tinent the requifite materials of combining and arranging them, has occaJ fioned a much longer delay in prefenting to you this abftraft than I at firfl apprehended: I truft, however, that it will be found focomprchenfiveasfi include every caufe of complaint, refulting from the treaty, and ^o fBll]! fubftantiated as to require no fublequent elucidations to prove and to conJ firm the fafts which I fhall fpecify. Many of the legiflativc afts and judicial determinations which I fliil adduce as violations of the treaty, having been common to a majority < the States, I have thought it expedient, in order to avoid repetitions, n<1 to difcufs the tendency and extent of their operation in the feveral Sta - . ; > diftinal ( «5 ) didinftly and feparately, but to reduce the infraAions under general heads, and to throw into the form of an appendix references to juftify and explain the documents by which they are authenticated. Although I have <;mpIoyed every exertion in my power to acquire tht moft accuiate and general information Ucon the refpc^live points compre- hended in this ahi\T3i£t, it is ftill poHible, that many materials may have been out of my rcaph, or that, in the extenllve culle£^ion of laws and of Other documents which I have been obliged to perufe and digelV, many .objcds may have efcapcd my notice. It is poiflble, that a£ts of the States, of which 1 have complained, as militating againft the treaty of peace, may have been repealed or modified by fuccecding legiilatures ; and that dcci- fions of the ftatc courts, which I have alleged as violations of the treaty, may have been rcflified by fubfequent determinations. I am not confcious of any errors or mifreprei'entations of this nature; but if any fuch llinukl exift in the abftra6l, I defire you, fir, to be perfuadcd, that they have been totally unintentional on my part, and that I dial} be extremely folicitous to have them explained and corrected. Immediately utter the ratification of the definitive treaty of peace, the congrefs of the United States, by a proclamation, announcing that event, and by arefolve dated 14th Jan. 1784, required and enjoined all bodies of magiflracy, legiflative, executive, and judiciary, to carry into efre£l: the definitive articles, and every claufe and Icntence thereof, fincerely, flriflly, and completely — and earncftly recommended to the legiflatures of the re- fpe£tive States, to provide for the reflitution of all eflatcs, rights, and pro. perties confifcatcd, belonging to real Britifh fubjefts, and of eflates, riglus, and properties of pcrfons relident in diftri6ts in poiTeflion of his Majefty's arms, between the 30th Nov. 1781, and 14th Jan. 1784, who had not borne arms againft the United States ; and that perfons of any other de« fcription ihould have liberty to go to any part of the United States, to re- main twelve months, unmolefted in their endeavours to obtain the reftitu- tion of their eftates, rights, and properties confifcated. It was alfo recom- mended to the feveral States to reconfider and revile all laws regarding the premifes, fo as to render them perfeftly confiftent with jufticc, and that fpirit of conciliatipn, which, 011 the return of the bieffings of peace, ihould univerfally prevail — and it was farther recommended, that th» eAates, rights, and properties of fuch laft-mentioncd perfons fhould be re- ftored to them, they refunding the bona fide price paid on purchafing any of the faid lands, rights, and properties, fmce the confifcation. In confequcnce of the little attention, which had been manifcftcd to this proclamation and recommendation, and of the anfwcr given (20 Feb. 17S6) by the marquis of. Carmarthen, to the rcquifitions of Mr. Adams, refpcft- 1 ing •:■)'." ■'H il ) ' I! U i' ,/l; U i ii n H I 5 1 ? IS ) iftg the pofts and territories ceded by the treaty of ptact to the Vniud States, the congrefs tranfmitted.ip April i7*7» a circular letter to; the governors of the rcfpeftive States, recommending it to the different legiila« turcs, to repeal fuch afts, or parts of afts, as were repugnant to thrtreaty of peace bet\vecn his Britannic majefty and the United States, or any article thereof, and that the coarts of law and equity fhould be dircfled and re- quired, in all caufts and tiueftions cognizable by them refpcftivoly, aiid arifing from, ortouching the faid treaty, to decide and adjudge^ according to the tenor, true intent, and meaning of the fame, any thing in the faid efts or parts of aft» to the contrary thereof in any wifc notwithftanding. In this circular letter, after inforcing in the moft- energetic inanner,the regard due to folemn national compa&s, and the impropriety of the in* dividual Staten attempting to contravene, or ev'cn diicufs ftipulations; which had been fanftioncd by their general government, the congrefs. farther declare « they have deliberately and difpalHonately examined and. conft^ deredthe feveral fa£ts and matters urged. by Great Britain as infrafticOtt of the treaty of peace, on the part of America; and regret, that, ia feme of the States, too little attention appears to have been paid to tlie public faith, pled^red by the treaty. .^., ... > it is Qbft;rvablc that <:ongrcfs, neither in this proclamation nor ir^tnn> mcndation, take any notice of the fourth article of the treaty of peace; by wliich it was agrred that creditors on either fide ihould meet with no law* ful impediment to the recovery of the full value, in fteriing money, ol alt bona fide debts theretofore rontra£ied ; nor does either the proclamation or recommendation extend to the ftipulations in the clofe of the fiftU articJe, whereby it was agrecdiHasx.. all pcrfons who liave any intere(li in cunfifcated lands, (Mther by debts, marriage fettlements, or otherwile, iHould meet with no lawful impediment in the prolccution of their juft'rights.- This omillion of thcfe effentia! points can only be afcribed to the coili ridion that congrefs entertained, that it was totilly unncceifary to fpccif^ them, as they were (lipulations poittive and obligatory upon theindividud States, and that no local regulation was competent either to confirm or in- validate them. It docs not, however, apj)ear that this proclamation and recommendation had any general and extenfive effeft upon the Icgiflaturet of the rcfpeftive States, as, in confcquence thereof, even the formality of a municipal adoption of the treatj^^cither in the nature of a repeal of exift'^ ing laws, repugnant to the treaty of peace, or of a declaratoiy law, efta-* bliihing the treaty of pc^ce as the fiipreme law of the land, feems to have been confined to a I'mall portion of the feveral States. - '< j.'.ii!-«'3 .ii { Having thus dated the mcafures purfued by congrefs to give validity and cifcdt to the enga'a Appendii A No. I to 30, iaelulive. ( 18 ) money, emitred by particular States, has been made ^t its nominal vilue^ legal tender and payment for all debts, for the recovery of which tftion* were commenced at the time when money of that defcription was greatly depreciated. Creditors, too, in Ibmc of the States, were expofed to the ncceiJity of taking real or perfonal property, at a valuation made by a jnrtial, prejudiced, or iiuercfted neighbourhood ; while, in other States, when the queftion of alienage has been under difcuffion, the courts of law and equity have determined, that a fubjcft of Great Britain, rcfiding \yithin the king's dominions, at and after the declaration of independence, ■*vas not competent to acquire or hold real property within the United htates. In many of the State courts, dccifions have taken place, reducing the amount of British debts, in-violation of the terms of the original con- tracts, and fomc of thofe courts have pofitively refufcd to take cognizance of fuits inftitutcd for the recovery of Briti(h debts. Thefe fa£ts will be more fully illuftrated under tlic next head of arrangement. II. To advert to the conduft obfcrvcd by the individual States, gene- rally, in refpeft to the treaty of peace. ' '• 'i*'-^ •«•*•• '"'l'*- ''•'*' I ft. In not repealing the laws that exifted antecedently to the paeiHcatioil. During the war, the refpeftive legifiatures of the United States pafTcd laws to confifcate and fell, to fequefter, take poiTenion of, and leafe tha eftates of the loyalifts, and to apply the proceeds thereof, towards the re- demption of certificates and bills of credit, or tov;ards defraying the ex- pcnccs of the war— to enable debtors to pay into the State treafuries, or loan offices, paper money, then exceedingly depreciated, in difcharge of their debts. Under feme of the laws, many individuals were attainted by name, others were baniflied forever from the country, and, if found within the State, declared felons without benefit of clergy. In fome States, the edates and rights of married women, of widows, and of minors, and of perfons who had died within the territories poiTefled by the Britifh aims, were forfeited. Authority alfo was given to the executive department to require perfons who adhered to the crown, to fuirender themfelves by a given day, and to abide their trials for high treafon j in failure of which, the parties fo rtquired were attainted, were fubjcft to, and fuilered, all the pains, penalties, and forfeitures awarded againft perfons attainted of high treafon. In one State (New-York), a power was vetted in the courts, to prefer bills of indi£tment againft perfons alive or dead, who had adhered to the king, or joined his fleets or armies (if in full life, and ge- nerally reputed to hold or claim, or, if dead, to have held or claimed, at the time of their deccafe, real or perfonal eftate). And upon notice or neglcdl to appear and travcife the indiftment, or, upon trial and convic- tion, the perfons charge^ in the inUtStment, whether /«/«i!/ f/fe or dectajed, were were refp« were forfe: the dates, ings and ii duals for r property t. brance by \ lives of th A gcnei would hav But the n fubjefts, arms, and provided f law or rcf their endej rights, an( latures, it treaty, to j der ceruiq; perty of pei by procefs < of the chile ownerihip predated c< the propert the ftatute exceptions, covery or r intentian and. Jr trcatv. In ftatin •^ill be pro !. Such X, Such 3. Such Crown. I. Man) time the p dufion of t i itninal value*. ;hich a£tions I was greatly cpofed to the n made by a other States, courts of law tain, rcfiding ndepcndehce, n the United ace, reducing original con- ke cogniiance fafts will be States, gene- le pa£iBcat(oii. I States paflTcd and leafe tho )wards the rc- aying the ex- tate treafuries, in difcharge of re attainted by if found within •me States, the ninors, and of « Britiih airms, ; departnteht tb [lemfelves by a ilure of which, id fuffered, all ins attainted of I vefted in the dead, who had lit life, and ge* i or claimed, at upon notice or rial and convic- ' life or decta/etl, were ( «9 ) wer« refpe&ively declared guilty of the offences charged, and their cftates were forfeited, whether in poffelfion, reverfion, or remainder. In feme of ANo.siArjt the ftates, confifcated property was applied to the'purpofcs of public build- ings and improvements ; in others wa» appropriated as rewards to indivi- No. 33. duals for military fervices rendered during the war ; and, in one inllance, ^^^ ., property mortgaged to a Britiih creditor was liberated from the incum- brance by a fpecial aft of the legiflature, as a provifion for the rcprefenta- tives of the mortgager, who had fallen in battle. A general repeal of tljefe laws, under the ftipulated exceptions, would have been a compliance with the terms of the treaty of peace. But the reftitution of the cftates, rights and properties of real Britifli fubjedts, orofperfons refident in diftrifts in poffeffion of his majefty'« arms, and who had not borne arms againft the United States, was not provided for by any local law, or general re^julatioa ; nor did any fucii law or regalation prevail, to fupport perfons of other defcriptions in their endeavours to obtain the reftitution of fuch of their eftate?, *"'"^- rights, and properties, as had been confifcated. Some of the ftate legif- < latures, it is true, foon after the peace, paifed adts, in conformity to the • • -' treaty, to provide againft farther confifcations, and to deliver up, un- der certain conditions and affefTments, fuch lands and tenements, the pro- •' perty of peribns defcribed in confifcation laws, as had not been confifcated by procefs of law. Other ftates have in certain inftances, upon application of the children or friends of attainted perfons, paflcd laws to reftorc the ownerihip of forfeited eftates, upon the payment of a given price in de- preciated certificates, and, in others, without exafting any confidcration for the property reftored. Afts of pardon and oblivion are alfo to be found in the ftatute book of fome of the ftates, but fettered with fuch qualifications, exceptions, and reftraints, as to exclude efFeftually from the hope of re- coYcry or reftitution, numbers who were exprclily within the meaning and intentifln of the treaty. and. Jft enafting laws fubfequent to the peace, in contravention of the treaty. ■ ' , In ftating the particular afts that relate to this head of arrangement, ic •vili be proper to place them in three claflcs : j. j , ?^ I. Such as relate to the eftates of the loyalifts ; t. Such as refpeft their perfons ; and laftly, 3. Such as obftru6t the recovery of debts due to the fubjeiSls of the crown. I. Many of the confifcated cftates being uncHlpofed of, not only at the time the preliminary articles of peace were figned, but even after the coii- clufion of the definitive treaty, it would have beca perfectly confiftent 5. - . • Da wltU ?- «, I. j! II ' :l m \\\ r< AfptncliyR. No. I. No. 1. ^o. 3,&4. No. s,4c6. No. 7. No. «. No. 9, tc 10. ( »o ) with juftice» and that fpirit of conciliation which ought to have prevailed upon the return of the blefllngs of peace, to have fufpendcd the fales of property, not then difpofcd of, to have repealed the laws of confifcation under certain limitations, and to have redo cd the rights of married wo* men, of widows, and of iTiiiu>rs t and tlioui'h the policy of the difierent ftate governments might exa£l a rigid adherence 10 forfeitures incurred by perfons who had a£liially borne arms during the war, yet fuch a rufpenfion of falis, repeal of laws, ?nd reftitution of property, might have been ef- fe£led with great convenience in a number of inftanccs, and might have been libeniUy extended to real Britifti fubje£ts, and to pcrfons who had not borne arms againft the United States, but who, from local reiidence, were liable to the imputation of offence, and to the operation of fevere penal laws. But immediately after the preliminary articles were figned, and for many years fubfequent to the peace, af^s pafTed the different legiilatures of the United Sates— To confirm forfeitures and confifcations made by virtue of former laws { to fccure in their poITcflions, perfons who had pur- chafed forfeited lands, tenements, goods and chattels ; to fell confifcated property that remained unfold ; to refell fuch as had been already A)ld» and to which no title had been given ; and to releafe from their bargains, perfons who had mifconceived the modes of payment. In one ftate (Georgia), many years fubfequent to the peace, an a£t paffed to compel, under fevere penalties, the difcovery of debts due to merchants and fub- je6ts of the crown of Great Britain, that had been fcqucftered by particular regulations. Under tliis a£l, the auditor of that ftate has publilhed a formal notice, manifefting his determination to purfue the rigid letter of the law, and to fequefter Britifti debts, in defiance of the folemnity of na- tional engagements. In another State (Maryland), offers have even been held out by legidative authority, to perfons, who, within limited periods ihnuld malte difcovery of Britifli property, to compound for the fame by granting certain portions of fuch as (houid be di(j:overed : and thefe legif- lative afts, extended to forfeited rights and property, generally, without difcriminrijion or diftindions of pcrfuns plainly denned in tlie treaty j dif- tin£tions which the fpirit of conciliation, and the feelings of humanitjr moft forcibly recommended, and which the refpedtive ftates were fully competent to eftabliih and enforce, when applied to eftatet and property, cither unfold at the period of the peace, or for which (owing to the de- fault of the purchaftrs), no titles had been given. 2d. In tefpa& to the perfons who under the treaty of peace were to have free liberty to come to any part of the United States. The permiifion )o their favour wat iu terms the moft general and unqualified j and though V . ' the have prevailed i the Tales of if confifcation f married wo» f the dilTerent s incurred by h a Airpennon have been ef- id might have >ns who had ocal reiidence, tion of fevere ;ned, and for nt legiHatures ons made by who had pur- ell confifcated already fold, heir bari^ains, In one ftate d to compel, ants and fub- by particular s publifhed a •igid letter of smnity of na- ve even been uted period*, the fiime by i thefe legif. >llyi without treaty ; dif- 3f humanitjr ( were fully nd property, i to the de- ace were to e permilfion and though the . ( •« ) the period, in which perfoni of one defcriptien were to remain In this country, was reftriAed, none, however exceptionable their political con- duA might have been coniidered by the United States, were debarred from the means of pcrfonal application, and of endeavouring to obtain the refli- tution of fuch of their ellates, rights and properties as had been confif- cated. As to thofe who, under the appellation of Britifh fubjefts, had in- curred no other imputation of criminality than that of adherence to thuir fovcreign, and as to others who, though rcfulent in cliftrifis in pofTelTion of his Majefty's forces, had not borne arms agalnft the United States, the exprefs proviHon in tlie treaty for the rcftitution of the eRates and proper- ties of perfonsi of both thefe defcriptions, certainly comprehended a virtual acquiefcence in their right to refide, where their property was fituated, and to be reftored to the privileges of citizenihip. This virtual acquief- cence may be juftly atTumed as an argument in favour even of thofe whn had bornp arms againft the United States, and who (if any indanccs of this kind cxifted) had been fuccefsful in their endeavours to obtain the reftoration of their confifcated cftates, on refunding to the purchafcrs the bona Bde price that had been paid. A£ts, however, of profcription,. at- tainder, and banilhment, which had paiTcd during the v/ar, and which extended, not only to thofe who had borne arms againd the United States, but alfo to thofe who had borne arms againft their allies; to perfons who had left particular ftates, and gone off with the fleets or armies of Great Britain ; to thofe who had attached thcmfelves to, r-dhcrcd to, or taken t!\e protection of the government, fleets, or armies of Great Britain ; who AonendiiC were, and (till remained abfent from the States ; who had withdrawn them- No. i. felves from, and ftiU reflded beyond the limits of the United States, though repealed as to certain individuals therein named, remained in full force againft numbers of every defcription of perfons defined in the tieaty. And fublequent to the p^ace, a£ts palled feveral of the flate Icgiflatures, for the pur- pofe of aflertingthe rights of the ftates fcHr preferving their independence, and No. s, & ^. expelling fuch aliens as might be dangerous to the peace and good order of government : whereby perfons y/ho had left the dates, gone off to, or taken the proteftion of the government, fleet, or armies of Great- Britain ; or aided, aflTiftcd, or abetted the fame ; or had borne arms, exercifed, or accepted military commands ; or owned, or fitted out armed vciTels to cruize againft the United States or their allies ; or had been joined to the fleets or armies, or to any volunteer corps of the King, or had held any ofTice at particular boards inftituted during the war ; and all other abfentets named in divers a£ts of confifcation, or who had been baniflied or fcnt out of the States, were forbidden to return without licence, at their peril, or were fubje£t to difqualifications, to profccution, and tedious impriCanment, if No.:,7,&8 they No. 4. No. 5. No. 6. No, 7, 6c i. No. a. C. m I l i ' : I' 4. Ihl U Ko. 6. K0.9& 10. ffo. 12,13, 14. Ko. I|. ffo. 1 5. ( :s ) they remained after notice given to depart tlie Aate. In Tome dates th« ceremony of notice wjs ilirpcnfed with, and the parties upon bting fo^a^ therein were liable to impriloninent, totUc coniifcatiQn of the property they poflKTcd, and, in other ftHtcs, to the penalty of death. In forae of tl\e Ihitcs, it is true, pcrmii{io!i was given to certain individuals to return un« conditionally ; but in others the indulgence was of monuntary duration, and the unfortunate objefts of it were then baniflied from their conncdiona and friends forever. To this it may be added, tlut thouj;li the treaty of peace exprefsly de- clares. That no future coniif.'ritions ftall be made, nor any piorecution,s commenced againft any perlo.is for or by reafon of the pnrt which they mi.^ht have taken duiing the war, conufcation ails have pilTed fince the preliminary articles were f.^ncd, and files have been made of confifcated cftatcs long fince the peace. Afts have alfo paffed for granting ctTcftual relief in cafes of trefpnlTcs, and pointing out modes for the recovery of proper- ty acquired while the king's tioops occupied particular diftri^s, whereby it was made lawful for any inhabitants of the ftatc, who had left their places of abode, and had not fince voluntarily put ihemfelves into the power of the king's troops, to bring aftions of trefpafs againft any perfon who had occupied, injured, cr deftfoyed their cAate, eitlier real or perfona|, within the power of the king's troops, or againft perfoiis wlvo had received or pur« chafed fuch goods or effeftsi and the purchufers of property, under fale« made in diftri£>s occupied by the royal ar-.rij', were required to reftore and deliver up the fame under the penalty of forfeiting treble thg value of fuch C No. 17. property fo obtained, and ncgleded to be delivered or reftored i to th* great inconvenience of many who had ufcd, pofleffed, or acquired real and perfonal property, under the fandtion of the only authority exifting in the diftrifts wherein the property was fituatcd, an authority juftified by the laws and ufages of nations, and confirmed by the letter and fpirit of the treaty of peace. The peiTons who were the objeAs of the trefpafs-law were ftill more opprelTed by its operation, in confequence of a fubfequent ae return un> uration, and conncdioiw prefsly de. Jiofecutions ^liich they fincc the confifcatcd '^(jfproper- whereby it :heir places power of I who had laj, within fd or pur* indcr fa]e« rertore and ue of fuch 5d ; to the d real and Jng in the ed by the irit of the :fpafs.Ia\y Libfequent :an caufe, deprived 1 had in- enforce- it againft ained by 'ing the niidered 3. The ( >3 ) '3^. The feciirlng of the enormous debt due Worn ttic tti/.cns of tho Uiihed States to the merchants of Great-Hritain, bting an objcft of im- pbrtant confidcinint of difculFion relates to the dccifions of ftate courts upon qucftions al. . *Viiip the rights of Britifli fubjefts ; in rcfpc6t to which the dilpcnfatlons of iaw have, for the moft part, been as unpropitious to the fubj€(!^s of the crown as the legidativc afts of the different affembiies throughout this continent : It muft however be allowed, that in one ftate (MafTachufetts-Bay) where great property was at ftake, juftice has been liberally difpenfed, and, notwithftanding a particular regulation of the ftate warranted the dcduftion of that portion of tlie intercft on Britilb debts 7 Which which! of the I rcgulal i! tioni M ditf nd no price tested from Iteir agents, lie creditors I to be coU nt. Paper I conftituted bk, bond, Keredter to any fpcciet for a time^ covering all obligations innual pay. tflive year. I debts coh" limitations, ntly ac^i- protra£ting the reco* iniialment* iaft inftal* patTed fuh* ^ainl that rjty of* the the judges 'eprefenta- e*. and all the fereral nftitution. ate courts to which >pitious to aiTt-mbJics one ftate has been f tlic Rata tiib debts which v« ( »S ) which accrued during the war, the courts, in conformity to the plain terms of the treaty, have admitted and dire£l:cd the quantum of the demand to be regulated by tHe original contra£t; and where the contra£l bore intereft, or the cuftom of the trade juftified the charge, the full intereft has been al- lowed to Britifh creditors, netwithftanding the intervention of war. On the othcr^hand it is to be lamented, that in a more diftant ftate (Georgia) it was a received principle, inculcated by an opinion of the highcft judicial authority there, that as no Icgiflative aft of the ftate exifted, confirming the treaty of peace with Great-Britain, war ftill continued between the two countries ; a principle which may perhaps ftill continue, in that ftate, as it is one of thofe that have not to this moment paid any municipal regard to the diftcrent recommendations of Congrefs, to the feverallegiflatures, to repeal all laws inconfiftent with the treaty of peace. Tiie djccifwns of the ftate courts having affe£led the claims and pcrfons of Britifh lubjc6lts, a fliort view will be taken of fome of the moft impor- tant decifions, under thcfe two heads : ift. lu the profecution of claims inftituted by Britifh merchants for debts contra6led previous to the war, proof of the ufage of the trade to al- low intereft after the expiration of a year on the amount of the goods {hip- ped, or of the fpecific contra£t between the debtor and creditor, has been uniformly eftablilhed, the full value of the debt to be recovered ought confcquently to iiavc been nothing fliort of the debt and intereft according to the ufage of the trade or to the terms of the contraft ; but under the di- rcftion of many of the courts, juries have invariably abated intereft on the Britifh debts for feven years and a half. Even the folemnity of obligations has not been found of fufficicnt force to fccure the creditor from tliis de- duction, it having been determined — that obligations, which on the face of the contraft itfelf bore intereft, were upon no better footing in this re- fpcft than book-debts, in which the intervention of war and the prohibi- tory refolves of Congrefs were deemed fufficient grounds to deftroy the ufage between the Britilh and American trader, by abating the intereft for the period the war continued — and that as the debtor was deprived of the means of making payment, unlefs by a violation of apofitive rcftriftive law, prohibiting remittances as a means of ftrengthening the enemy, and as it would have been criminal to have remitted during the war, no man Ihould fuiTer for his obedience to the laws, or be anfwcrable for the intereft, while the laws of the land rcftrained him from remitting the principal. The treaty of peace too, has been confidercd as having no effeft upon this qucf- tion, it having been held that the treaty only fecurcd the mutual recovery of debts, when the amount was afcertained j but the amount of the debts was to be fettled by the laws of the land. " . E In Appendix, E. No. I. No. 2 & 3« W i :' nil * t , ! Ir' ! fH E. No. 4. No. 5. No. 6. No. 7. \i\ In one fiate particulaily, In which the claim oF intereft has been gene- rally involved in the recovery of Britifli debts, that had been paid in con- ftquence of Icgiflativc afts into the ftate treafury, the fuperior court of the ftate determined, that the conftruftion of the treaty, and the a£ts of the ftatc, entitled the creditor to recover the principal of his debt, and all in- tereft thereon, which had not arifen during the war; and that, as by the intervention of war the means of recovering Brhifh debts wcrefufpended, the claim of intereft, during the fufpcnfion, was inadmifTible. It was admitted, that netwithftanc'iiiig the payments into the treafury, the treaty of peace reftored the right of aftioa j but inttrtft was recoverable only from the date of the definitive treaty. In one of the fouthern ftates (Virginia), where debts to a very con- fiderablc amount are depending, the fuits that have been inftituted for their recovery have been referred to the diftrift courts of the ftate ; and fomc of the caules having ftood for fevcral years under a mere formal con- tinuance upon the records, have been adjourned, for difficulty, to the general court, wherein they ftill remain undecided, and others, it is faid, have been aftually dilmiffed. The delay of juftice, operating equally as a denial of juftice, would have been effcftually reformed in that ftate, by the provifions of a particular law, giving fummary relief in determining difputes wherein fubjefts of thofc countries which had acknowledged, or fhould hereafter recognize the independence of the United States, were parties againft the citizens of that ftate ; but unfortunately for the Britifh creditors, upon the conclufion of peace, it was foon found that this fum- mary relief extended to Britifli debts in common with the claims of other Foreigners, whofe fovereigns had recognized the independence of the United States, andthatfomeof the judges favoured the idea; and fo much of the aft as points out and autliorifes the mode of pioceeding in fuits wherein Foreigners were parties, was repealed, and, at this moment, the means of recovery depend folely upon limitations and conditions created by local regulations, which arc in direft oppofuion to the recommendatory refolves of Congrcfs, and palpable infrattions of the fourth article of the treaty of peace. The few attempts to recover Britifh debts in the county courts of that ftate, have univerfally failed ; and thefe are the courts wherein, from the fmallnefs of the fum, a confidcrable number of debts can only be recovered. A farther hardftiip, under which the Biitifli creditors labour, is that they are anfwerable, and proct eded againft by courfe of law, for every claim brought againft them j when at this moment it is not a fettled point, whether even the federal court, in that diftridt, will entertain in their ( 27 ) their behalf, fuits to which that jurifdiftion is competent— the circuit court of the United States, after very I'olemn argument, having adjourned the queftion. In addition to thefc obfervations, it is nccelTary to mention, that in fome others of the fouthern ftates, there does not cxift a finglc inftancc of the recovery of a Britifh debt in their courts, though fo many years have ex- pired Hnce the eftablifliment of peace between the two countries. 2d. The proceedings of the State Courts, upon points which affcftcd the perfons of Britifh fubjefls, have been equally repugnant to the terms of the treaty. In one ftate, fuits have been inftituted under the a6ls for E. No, 8. granting a more effcftual relief in cafes of certain trefpafles, for the reco- very of damages refulting from the occupancy of eftates, held in diilri£ls in the pofleifion of his majefty's arms, by virtue of licence and permiflion from the commanders in chief ; and though the licence and permiliion were pleaded, and it was ftated upon the record, that after the declaration of independence by Congrefs, there was open war between the two coun- tries — that the place where the eftates were fituatcd, continued in the un- interrupted poffeffion of the royal army during the whole period they were occupied under fuch licence and permilfion, and as long as the fame re- mained in force — that, by the treaty of peace, the claim which thefubjefts or citizens of either of the contrafting parties had to recompence or retri- bution for injuries done to each other, in confcquence of, or relating to the war, were mutually relinquilhcd and rclealcd — that the parties, againft. whom the fuits were inftituted, were fubjefts of the crown, refiding in a diftrift occupied by the royal army, where the eftatc in qucftion was fituated, under the proteftion of the king, then at war with this country j thefe pleas were over-ruled by the court, as infufficicnt ; and damages have been awarded againft the parties for the time the eftates were fo occupied by them, to the great injury of numbers who had, during the war, actually paid a competent rent for the property they occupied under the authority of the commander in chief. In another ftate, an indiament has lately been preferred againft a fub- n^. 9. jcSl of the crown, for the murder of a citizen of the United States, found under fufpicious circumftances, within the royal lines. Though the grand jury did not find the bill of indiftment againft the party, as the fafts 'alleged were not fufficiemly proved, they poftponed a farther enquiry to a future time, to give the profecutor an opportunity of producing farther teftimony, in which the court acquicfced, and rcfufed todifcharge the pri- foner, obferving, when the counfel moved for his difcharge, that the com- mifllon for holding the court of oyer and terminer did not expire for fome months, and the court would again fit before the period expired. The E J prifoncr . I 11 If ! 1/ i i i:i %'■ ( 18 ) prifoncr was, however, admitted to bail, upon his ' I { r i !* - f 1 1 f*' i i • 1 i 1 i 1 r • • • . r 3» > , pMfdflTy JuftifiaMc. Ntvcrthelefs, his majcfty's fincere defire to remove •very occafionofmiiundcrftanding, has induced himtodireft me toexprefs iiisi readinefi to enter into a ntgociation with rcfpeft to thofc articles of ■he treaty which have not been executed by the two countries refpefliveiy, and to conftnt to fuch arrangements upon- the fubjeft, as» after due exanttnation, may now be found to be of mutual convenience, and n« iBcan^CQC with the juft claims and rights of his fubjcfts. • f. have tlie honour to be. With fincere refpeft and eftecm^ Sir, Vour moft obedient, And moil humble fervant, . CEO. HAMMOND. APPENDIX A. No- T. A£lof Ncvv llampfhire, to confifcate eftatcs of fundry perfons therein named — paffed November zH, 1778. z. Aft of Maffachufctts-Bay, to prevent the return of certain perfons therein named, and others who had left that State, or either of the United States, and joined the enemies thereof— paffed in 1778. 3. Adi of Maffachufetts-Bay, to confifcate the cftates of certain no- toricus confpirators againft the government and liberties of the inha- bitants of the Idte province, now ftatc of Mafiachufetts-Bay — paficd in 1779- 4. A£l of RhacTe-Ifland, to confifcate and fequefter eftares, and banlHi perlbns of certnin defrripticMis — paffed Oftober 1775 — February, March, May, June, July, Auguft, Oftober, 1776 — February and Oftober, 1778— i'cbiubry, May, Auguft, September, October, it^o, — July, September, October, 1700 — Janimry, May, 1781 — Junc,06lobcr, November, 17JS2— Fcbtirxry, May, Jimi., Odobefy it%i, 5. Aft of Conncfticut, direfting certain confifcatcd cftatos to be fold— Connec'licut laws, fol. 56. 6. Aft of New -York for the forfeiture and faks of the eftatcs of per- lbns v.ho have adiiered to the enemies of the ftate---paffed 2id Oftobcr, *779- 7. A£t of New- York, for the immediate f;Ue of part of the conrifcateJ cilates — paffed March lo, 17S0. 1 5). Aft of New-York approving the »■?( ir Congrtfs relative to the finances of the United States, and making provifion for redeeming that State's prupoiiion of oills of credit to be emitted — paffed 15 June 1780. 9. Ah deeming 10. A^ 4 Oao)x:i| 11. A-Bay— -paffed in ates, and baniHi :l>ruary, March, lOftober, 1778— iulvj September, )v ember, 17S2 — ^tcs to be fold- lie eftatcs of per- ed 2id Oaobtr, the conrifcateJ relative to the [redeeming that I5 June 1 780. 9. Aa « 3« 1 ^. h& of New-York to procure a fum in fpecic for the putpd&if jx« deeming a portion of the bills emitted, &c.— paflcd 7 Oftober, 17S0. I*. Aft of New Jerfcy to punilh traitors and dilafl'efted perfons— pallet 4 0ftolx:r 1776. 1 1. Aft of New Jerfey for taking charge of and leaGng the real elbtcs, and for forfeiting perfonal eftates of certain fugitives and offenders — pallled April 18, 1778. 1 1 . A 61 of New Jerfey for forfeiting to and vefting in the ftate the jrcal eftates of certain fugitives and offenders— paffed 11 December 1778. 13. Aft of New Jerfey, fupplcmental to the aft (No. 10) to punilh traitors and difaffcftcd perfons — paffed Oftobcrg, 1^?^2. 14. Aft of Pennfylvania for the attainder of divers traitors, and for veft- ing their eftatcs in the Commonwealth, if they render not themfelves by a certain day — 6 March, 177!?. 15. Aft of Delaware, declaring eftates of certain perfons forfeited, and themfelves incapable of being clefted to any office — ^paffed 5 Februaiy X773. 16. Aft of Maryland for calling out of circulation the quota of the ftatc, of the bills of credit iffued by Congrefs — Oftober 1780. By the nth fcftion of this aft perfons indebted to creditors who had not become fubjedls and rcfidents of the ftate, or had an agent conftantly refiding within the ftate, were, under certain regulations, authorized to pay thefc debts into the treafury in certain fpccies of depreciated paper money, and the treafurer's receipt was declared good evidence, in law and equity, of the payment of fuch debt. 17. Aft of Maryland, to feize, confifcateand appropriate all Britifli pro- perty within tlie ftate — paffed Oftober 1 780. 18. Aft of Maryland to appoint Commiffioners to preferve confifcated Britifli property — paffed Oftober 1780. 19. Aft of Maryland to procure a loan, and for the fale of efcheat lands and the confifcated Britifli property therein mentioned — paffed Oftober 1780. 20. Aft of Virginia for fequeftering Britifli property, enabling thole indebted to Britifli fubjcfts to pay off fuch debts, &c. — paffed Ofto- ber 1777. 11. Aft of Virginia concerning efcheats and forfeitures from Britifli fubjefts — May 1779. 22. Aft of Virginia, to amend the aft concerning efcheats, &c.— paf- fed May 1779. 23. Aft of Virginia to amend the aft concerning efcheats and forfel- [ tures— paffed Oftober 1779. 54. Aft M'l m f / ■i) t 3* S 24. AA of Virginia to adjuft and regulate pay and account of officcifsof Virginia linc"-paffed November 1781. 25. Ad of Virginia for providing more efFeftual funds for redemption of ceitificates---paired May 1702. i6. Aft of Noitli Carolina for confifcating 'the property of all fucli perfonsas are inimical to the United Statc^, &c. — pafTed November 1777. 27. Aft of North Carolina, to carry into effeft the lall-mentioncd att —pafTed January 1779. »8. Aft of South Carolina, for difpofingof certain cftatx-.and banilhing' certain perfons therein mentioned— pafltd 26 F^jbiuary i78z. 29. Aft of South Carolina, to amend the lall- mentioned aft-'-pafTt'd 16 March 17 S3. 30. Aft of Georgia for inflifting penalties on, and confifcating the cftatcs of fuch perfons as are therein declared guilty of treafon, and for other pur- pofcs therein mentioned ---paffcd May 4, 17S2. 31. Aft of South Carolina to veft 180 acres of land, late piopcrty of James Holmes, in certain perfons in truft for the benefit of a public fchocl — pafledi5 Auguft 1783. 32. Aft of Virginia for removal of feat of government---pafled M.r/ feflion 1779, fee No. 21. 33. Aft of New Jerfey to appropriate a certain forfeited eftate — paffcd 23 December 1783. 34. Aft of Maryland for the benefit of the children of major Andrew Leitch — 15 June 1782. • - '♦" APPENDIX U. No. 1. Aft of Maffachufetts in addition to an aft made and palled the prcfent year ( 1 784), entitled An Aft for repealing two laws of this ftate— paffed 10 November 1784, fee Appendix C, No. 2. 2. Aft of North Carolina to fecurc and quiet in their pofleflions all fuch as have or may purchafc lands, goods, &c. fold or hereafter to be fold by the commilRoncrs of forfeited eftates — paffed December 29, 1785. 3. Aft of North Carolina, direfting the falc of confifcated property — paffed October feffion 1784. 4. A6"t of Georgia to authorifc the auditor to liquidate the demands of fuch perfons as have claims againftthe confifcated eftates— paffed 22 Fe- bruary 1785. 5. C.dinanccof South Carolina for amending and explaining the con- fifcation aft— paffed 26 March 1784. . ■' '; " 6. Aft \i\ untof oHlcersof 1 for redemption ( 33 ) ^. A^ of South Carolina to amend the conHfcation a£i;, and for other purpofcs therein mentioned — palTcd 12 March, 1786. 7. Ail of Georgia, relcafing certain perfons,from their bargains, &c.-» paflcd 29 July, 1783. 8. A6t of Georgia td compel the fettiement of (lublic accounts, for in- flifting penalties, and for veiling auditor with certain powers— paflcd 10 February, 17S7. g. Aft of Maryland to veil certain powers in the governw and council. Sec. jd.— paflcd November fefllon, 1785. 10. Aft of Maryland to empower governor and council to compound with the difcovercrs of Britifli property, and for other purpofcs-^pafftd Kovember fcflion, 1788. ill f major Andrew APPENDIX C. jlaining the con- See Afts of Coufifcation, Banifliment, &c. referred to iu Appendix A, No. 1 to 30 iucluflve. No. I. Aft of North Carolina, of pardon and oblivion— pafled Apri! icfTioii, 1788. z. Aft of Maflachufetts-Bay, for repealing two laws of the Hate, an: turned into re baniflied, June, 1783* an abfentee, paffed June te had bectt ^t furrendct lis eaates by 783. ind the time months after al cftate was cnnfylvania, If in cafes of of property [id from the I1783. therein men- La for relief . nedy of the Icafcs of ccr- paffcd May C 35 ) I I > , ' APPENDIX D. Mo. f. Adt of North-Carolina, for cftablifljing courts of luw, and for regulating the proceedings therein. Scft. loi — paffed November fcf- fion, 1777. a. A£fc of Virginia, for direfting the mode of adjulHng and fettling the payment of certain debts and contrafts — paffed November fcHion, 17S1. No. 3. A£t of Virginia, to repeal fo much of a former aft as fulpcnsls the iffuing executions upon certain judgments, until December, 1783-^ paffed May feffion, 178Z. 4. Aft of Virginia, to amend an aft, entitled, " An Aft to repeal fo much of a former Aft as fufpeiids the iffuing executions on certain judg- ments, until December, 17S3" — paffed Oftober feffion, 1782. 5. Aft of Virginia, t6 revive and continue the feveral afts of Affcmbly fwr fufpending the iffuing executions on certain judgments, until December, 1783 — paffed Oftober fcffion, 1783. 6f Aft of Maryland, to prevent fuit on certain debts for a limited time •^paffed April feffion, 1781. 7. Ordinance of South-Carolina refpefting fuits for the recovery of debts— paffed t6 March, 17 84. 8. Aft of Connefticut, relative to debts due to perfons who have been and remained within the enemy's power or lines during the late war — paffed May feffion, I7$>4. 9. Aft of Maffachufetts-Bay, direfting the juftices of the courts of ju- dicature to fufpend rendering judgment for any intercft that might have accrued bet\veen the 19th April, 1775, and the loth January, 1783, on debts due to Britifli fubjcfts— paffed 9 November, 17S4. »o. Old Aft of Maryhmd. Cafe of Thomas Harrlfon's rcprcfcntativcs, in the Chancery Court of Maryland. ■ Cafe of Bayard and Singleton, decided in North-Carolina. li. Aft of Rhode-Ifland to enable any debtor in gaol on execution at the fuit of any creditor, to tender real or certain fpecific articles of perfonal eftate— paffed March, 1 7S6. 13. Aft of New-Jerfey, to dircft modes of proceeding on writs of fieri facias, and for transferring lands and chattels for payment of debts— 13 March, 1786.1 14. Aft of South-Carolina, for regulating fales under executions, and for other purpofes therein mentioned— paffed iz Oftober, 1783. 15. Aft of Maryland for the fettlement of public accounts, and to ap- point pprfons to coUcft the debts due to perfons conviftcd of treafon, and |i< {; I ' i I, "'I (i 1 1 4 i Al .;.; F» fw -y. it f ' . ^i m 11 « ii ( 36 > for a fpeclfie performance oF certain contrafts made by Britifh fubjeAs pre* vious to the revolution— pafled November fcinon, 1736. 16. A£ts of Rhode Ifland of May and June, 177$, of January, July and September, 1776, of February, 1777, and of May, 1786. 17. A&. of New-Jerfey, for making bills emitted by the aft for railing « revenue of ;^3 159. ^s. per annum for 15 years legal tender— paffed t June, 1786. 18. Aft of Ncw-Jerfey for ftriking and making current ^100,000 in bills of credit, to be let out on loan— palTed 26 May, 1 786. 19. Aft of Georgia, for emitting the fum of ^50,000 in bills of credit, and for eftablifliing a fund for the redemption and other purpofcs therein mentioned. — 14 Auguft, 1786. 20. Ordinance of South-Carolina, refpefting fuits for the recovery of debt*;— pafTed 26 March, 1784. ti. Aft of South-Carolina, to regulate the recovery and payment of debts, and prohibiting the importation of negroes, &c. — palTcd aS March, 1787. 22. Aft of South-Carolina, to regulate the payment and recovery of debts, and to prohibit the importation of negroes for the time therein limited .— paflfcd 4 November, 1 7 8 S. ~ - APPENDIX E. No. T. Cafe of William Ncaie's executors agiinft Comfort Sands— de« tidtil in the Supreme Court of New- York. 2. Cafe of Olbornc againft MifHin's executor. '~tltcid£;d in the Supreme Court of Pcnnfylvanjj. 3. Cafe of Hoarc againft Allen— decided in the fame Court. 4. Cafe of Stewardfon, adminiftrator of Mildred againft Dorfey— decided in the General Court of Maryland. 5 . Aft of Virginia, for the proteftion and encouragement of the com- merce of nations acknowledging the independence of the United States of America — Oftober feffion, 1779. 6. Aft of Virginia, to repeal part of an aft for the protcftlen and encou- ragement of the commerce of nations ackuo\7lcdging the Independence of the United States of America— paiTtd Decemhcr 31, 17S7. 7. Aft of Virginia, to repeal fo much of all and every aft or a.fis of Affcmbly as prohibit the recovery of Bi itifii debts — palled 1 2 December, 1787. 8. Cafe of Rutgers againft W.iddington — deciJevl in the Mayor's Court of New- York. 9. Cafe of John Smith Hatfit-'d, at a Court of Oyer and Terminer, held at Bergen, in tjie State of New- Jerfey— in Au^i;ft, 1789. ^ [ _ u ' «{ Philadelphti, :^!5J,.J^ ( 37 > • :'■- ' V . . , Philadelphia, March 30th, i7<)t. Mf' 7if^>fi»t Scoflary of Stale of the United States^ to Mr. Hammonit Minifter Flenipotentiary of Creat^Britain, Sir, A CONSTANT courfe of bufincfs has as yet put it out of my power ta pr -pare an anfwer to your letter of the 5th inll. In the mean time [ have been taking meafures to procure copies of the feveral a£ls therein complained of, that I might fave you the trouble of producing proofs of them. My endeavours have failed in the inftances below cited, of which therefore I am conftrained to aik you to furnifli the documents. I luive prefixed to them your own marks of reference, that you may the more eafily find them. I beg you to be ai^vrcd that I would not have givem you the trouble to produce any proofsrwhiclrf could have obtained myfelfj and I hope it will be confidcrcd as an evidence of this, that the lift fub> joined is only of 13 out of 94 numbers which your Appendix fpecifies. Of all the reft I either have, or expeft copies in confequence of the mcafure* 1 have taken. I have the honour to be, with the mod pcrfcA ellct^m andrefpeS^ Sir, Your inoft obedient and moft humble Servant, TH: JEFFERSOW. A. 4. Aft of Rhode-Ifland to confifcate and fcqucllcr cftatcs and banifls perfons of certain defcriptions, palled Uftober 1775. February, March, May, June, July, Auguft, Oftober, 1775. February, May, June, Oftober, 1783. C. II. A61 of Rhodc-Ifland to fend out of the ftatc N. Spink and Jolia Underwood. \%. Ditto, to fend Wm. Young theretofore baniflied out of the State, &c. 13. Ditto, allowing Wm. Brenton to vifit his family, ike 14. Ditto, to banilh S. Knowlcs, Sec. D. 10. Old Aft of Marj'land. 1 6. Aft of Rhode- Ifland of May 1786. E. I, ly 3, 4. 8, 9. The cafes of Ntaie v. Executors, O(l)onie I'.Mifflin't Executors. — Hoare v. Allen. — Stewarufon i>. Dorfey, —Rutgers v. Waddington.— John Smith Hatf^lcld. TThc records of thefe cannot be difpenfed v ith, r if' ■^ ( '< ii 'hiladelphta> FmLAD£I.rHIAi .«. i i ' i) \ )| r !: Ill if. '. '• J! 'I' ill < 33 ) PlIILADKLPHIA, April C, 1791. Mr. Ihmmond, M'ntijlcr rknipotentimy oj Cvcat-Brilain, to Mr. Jtjferfon^ SfcreUuy of Statt vftkt: United States, Sir, T HAVE been fo much engaged for the laft five or fix days, that I have ■^ not had it in my power fooner to ackiiowleclge the receipt of your letter of tke 30th March— I have however now the honour of fubmitting to your confideration fomc few remarks on tlie fevcral points contained in my Aatement, of which you require an explanation. With refpeft to the laws of Rhode- Illand, they arc fo blended with the journal of die general proceedings of the lejiilldturc of the ftaie, that it was a matter of fome difficulty to feparate the Icgiflative a£ts from the other tranfattians of the aflcmbly — I ihertfore cannot but regret that in fclc£t- ing thefe inftances, I coulu make a reference only to the tintesoi the parti- cular years ia whuh they were palled — thefe laft will, I trull, upon recur- ling to the Collection of the Laws of Rhodc-Ifland (which book is no longer in my pofTellion) be found to be fuithtully ft.itcd — By the exprcf- fiou The OUl Jci of MivyUvui, I mc:int to combine the ftatute of the 5th of George the If. (declaring lands in the plantations to be perfonal eltate for the payment tf debts due to Britilh merchants) with the a£lof allembly of that ftate of 171(1, Ch. XVI. So6t. 2. (pointing out the mtidc of ap- praifement and delivery of the debtor's lands in common with his perfonal property) --This ftatute and colonial law have, 1 underftand, been afted upon in the ftate courts of Maryland, fuice the cfl;ibli(!imcnt of its inde- pendence, but from the H lift application of the principle of alienage, men- tioned in the text to whicli this note refers, Britifli creditors are incompc- :cnt to the holding of real ellates, figncd under thefe valuation laws, in payninit of their <4cbti. All the rales to which you have alluded (excepting that of Rutgers v. Waddington, which was printed at New- York) have been collefled from the manufcript rotes •f ;i friend, and 1 have no doubt of their being ac- turatclv reported — J wifli it were in mv power to furnifti you with the record., of ihem ; bin I beg leave to fuggeft to you, fir, with the utmolt de- ;'ciXiKL-, v/]i€iher iliole documents could not be obtained on application to Tile courts of tlie lisres in whicli the afiions were tried, of t'.ic reports be fupplied by the gentlemen of the law employed in the Icveral fdits. Slreuld this cxj)lanation not be fjtisfaftory to you, fir, I will certainly endeavour to obtain fomc farther infoimation upon the fevcral points to which you have referred, as, after the very pohtc and obliging manner iii which you have been plealcd to LXj)refs yovir dcfac of laving me trouble, I certainly X certaii z\\ the ^vhich 1 1 1 Mr. Si) of the fev and the &\ obtained die differ* and to 'vd\ as infrafl added, th( fionsofth Scftton fion wuh tries, thofi execution ' by thi» cot has manif peated ovc be right ai The fanv Ihould noi anterior t< that you \ the war, i all the at'l it, in ore have fupi of particv ercr eafy wliolc gi the Briti was agaii ipriU, I79t. to Mr. "JiSerfon^ days, that I have -•ipt of your letter of fubmitting to contained in my blended with the ftaxc, that it was from the other ct that in fclcft- rf Rutgers v. oIIe(5tcd from icir being ac- you w ifli the le utmolt ilc» pplication to ic reports be I'dits. .viil certainly ral points to g manner in me trouble, I certainly ( 39 ) I certainly feci it an aA of reciprocal attention due from mc to facilitate, by zU the means in my power, your invcftigatio'i of any part of the ftatemenc ^vhich I delivered to yea. I have the honour to be, with perftft refpcft and cfteem, &c. GEO. HAMMOND. Mr, JeJTgfon, Secretary of State of the United Staler, to Mr. Hcmmotid^ Miiiijicr P/enij'Ott)U/(oy of Great- Britai):. Sir, YOUR favour of March 5th, has been longer .unanfwcred than con^ filled with my wKhes, to forward as mucli as pofliblc cxplan:uiou» of the feveral matters it contained. But thefc matters were very various, and the evidence of them not «afily to be obtained, even where it could be obtained at all. It has been a wnik of time and trouble, to col!e£l from the different ttatcs, all the a6ls thcmklvc?, of which you fnd cited tlie tit les, and to invcftigate the judiciary dccifioni which were clafllcd with thofc a*ts as infraftions of the treaty of peace. To tlicfc caulls of delay may be added, the daily duties of my ofRcc, ncccll'uily multiplied during the lef- , fionsofthe legifliiturc. ,' Sc£lion I. I can alfurc vou with trutli, that wc meet y»u on this occ.x- fion with the fmccrcll difpiilitions to remove fiom between the two coun- tries, thofc obftaclts to a cordial friendlhip, which have ariicn from an in- ' execution of k me articles of the treaty of peace. The defirc eiucrtaiiu-cl by thii country, to be on the beil terms with yours, has been conrtant, anJ has manitcflcd itfelf through it.; difterent forms of aduiiniftration, byre- ', peated overtures to enter into fuch explanations and arrangements, as llioulJ be right and ncceflary, to bring about a complete execution of the treaty. The fame dilpolitions lead us to wifli, that the occafion now prefenteJ lliould not be defeated by ulclefs recapitulations of wli.u h»d mkcn place anterior to that inftrument. It w.ij with concern, therefore, I obferved that you had thought it neceffary to go back to the very commencement of the war, and in feveral parts of your letter, to enumerate and comment on -^^ ' » all the a6ts of our different iegiflatures, paffud during the whole courfc of treaty, it, in order to deduce from thence imputations which your jultice would have fuppreffed, had the whole truth been prefentcd to your view, Infteai of particular traits, detached from the ground on which they ftood. How- ercr cafy it would be to juftify our country, by bringing into view the whole ground, on both fides, to Ihow that legiilative warfare began with the Britifli parliament, that when they levelled at perfons or property, it was againft entire towns or countries, without dilcriminatiou of caufo or , . ^ ... conJu£^, ] ( i ■'If hr ■ \ m M No. r; " t 4d > tottduft, while we touched individuals only ; namin|;^ them man by man; after due conHdcration of eacn cafe, and careful attention not to confoufld the innocent with the guilty ; however advantageoufly we might compare the dlftant and tranquil fituation of their legiflature, with the fceries in the midft of which ours were obliged to legiflate, and might then a(k, whether the difference of circuniftanee and fituation would not have juftified a con- trary differeDce of condii£l, and whether the wonder ought to be, that our Icgiflatures had done fo much, or fo little. We will wave all this, be. caufc it would lead to recollcftions as unprofitabtc as unconci Hating. The titles of fome of your adts, and a fingic cLiufc of one of them only, Ihall be thrown amongthe documents at the end of this letter [No, i, i.], and with this wc will drop for ever the curtain on this tragedy ! Soft. 2. Wc now come together to confider that inftrument which was to heal our w«unds, and begin a new chapter in our hiftory. The ftate in which that found things, is to be confidered as rightful : fofays the Law of Nations ■. L'Etat ou Ics chofes fe trouvent au moment du traitc doit paffer pour legitime ; & fi Ton veut y apportcr du changcment il fautque le traitc en fafi'c une mention cxpreflc. Par confequent toiites lea chofes dont Ic traitc nc dit rien, doivcnt denacurcr dans I'ctat ou tiles fe trouvent krs de fa conclufion. Vaitcl, 1. 4. f, 21. < De quibus nihil di£him, ea manent quofunt loco. Wolf, 1222. No alterations then arc to be claimed on either fide, but thofc which the treaty has provided. The moment too to which it refers, as a rule of condu6l: for this country at large, was the li.oment of its notification to the country at large. -f Vattcl, 1. 4. f. 24. ■'* * Thcjlate in luh'icb thing!: are found at the moment of the treaty JbouU be covjidered ai lav f id, and if it is meant to make any change in it, the treaty Ttirtjl exj'refsly mention it. Corfequently all things about wlvch the treaty is fdeniy mujl remain in the Jiaic in ivhich they arc found at its conclufion! Vattel, 1. 4. f. a I. ' Tijofc things of ivbich no/ijing isfaid, remain in the flat e in which thej «UV.' Wolf, 1222. t Vattel, 1. 4. f. 24. * 77)6 treaty of peace binds the contrafting parties from the moment it is concluded, as foon as it has recci'vcd its -whole form, and they ought immediately to hai-e it executed. — But this treaty does not bind the lubjodts, but from the moment it is notified to them.'' And, S. 25. * He treaty becomes, by its publication, a la-wfor the fubje£ls, and they are obliged, thenceforward, to conform tljenfelves to the fipulatiom therein agreed 0::.' * Iht l>a3.ion of tlie peace binds /ir coritrai pq0it* Wolf, f. 12:9. It was ftipulated indued by the IXth article, that ' if before its arrival in America,' anv place or territory belonging fj cither purty fhould be conquered by the arms of the other, it fliould be reftored. This was the only cafe in which tranfaiovide for thq ftpri'ved of all unci amoJig his It is moreover of enemies^ as confifcntcd. If may he fold, moveable pro- profits, during 'iftj ended, ike 'brmer owner." reftitution rfcfiitutlon of all eftates, rjghts and properties, which have been confifcatedi belonging to real Britifh fubjefts, and alfo, of the eftatcs, tights, and pro- perties of perfons refident in diftrifts in the poffeffion of his Majcfty's arms, and who have not borne arms agaiiift the faid United States; and that perfons of any other dcfcription Ihall have free liberty to go to any part or parts of any of the thirteen United States, and thereirr t6 remain twelve months unmolcfted in their endeavours t* obtain the rfiftitution of fuch of their tftates, rights, and properties as may have been confifcated : And that Congrcfs fhall alio earneftly recommend to the feveral States, a reconfideration and rcvifion of all afts or laws rcgnrding the premifcs, Co as to render the faid laws or adb pcrftftly coniiftcnt, not only with juftice and equity, but with that fpirit of conciliation, which on the return of the blcflings of pcE^ce fliould univeifally prevail : And that Cbngrcfs Ihall alfo earneftly recommend to the feveral States, that the eftates, rights, and properties of fuch laft mentioned perfons fliall be rcfforcd to them, they refunding to any perfons who may be now in poffeffion, the bona fide price (where any has btcn given) which fuch perfons may have paid on purchafing any of the laid lands, rights, or propeities, fince the confifca- tion. And it is agreed, that all perfons who have any intcreft in confiC- Cared lands, either by debts, marriage fettlements, or othervvifc, fliall meet with no lawful irrtpediment in the profecution of then: juft rights. " Article Vlth. That there fhall be no future confifcations made." S. 5. Obferve that in every other article, the parties agree exprcOfy, that fuch and fuch things flball he done. In this, they only agree to re- tcmmend ihit they Ihall be done. You are plcafcd to fay, (Pago 7.) ** It cannqt be prefumfd, thaCt the Commi/fibners who negociatcd the treaty of peace, would engage, in behalf of Congrefs, to make recomviendations to the Lcgiflatures of the refpeftive States, which they did not exp\;£t to be efFeftual, or enter into dirc£t ftipulations, which they had not the power to enforce." On the contrary, we may fairly prefumc, that if they had had the poWer to enforce, they would not merely have rtcommendeJ. When in every other article, they agree cxprcfsly to do, why in th uo they change the ftylc fuddenly, and agree only to recommend f — Becauft ihe things here propofcd to be done, were retrofpeflive in their nature, would tear up the laws of the feveral States, and the contrafts and t atif- aftions, private and public, which had taken place under them ; and i e» trofpcftive laws were forbidden by the conflitutions of feveral of the States. Between perfons whofe native language is that of this Treaty, it is unneccffary to explain the difference between enabling a thing to be done, 9.nA,rccommending it to be done ; the words thcmfelves being as well vnderftood, as any by which they could be explained. But it may not G X be Czlle anct Coniifc«i« tion. Recomm«n<( datoiy by expfifs vtrdsm n I ill! Conftfca< Bfnfe cf ne- 2«ci>>tors. Ko. 7, ?, 9, 30^ ii, i;. Q ( 44 i be unnfceffary to ohfcrve, that rrcomnit'itJaUQHS to the people, InAead ilf iizv:, had been introduced among us, and were rendered familiar in the iutcrval between dilcomiuuing the old, and eftabliftiing the new govern- ments. The Conventions awCi Committees v ho then affemblcd, to guide the condudt of the people, having no autiiority to oblige them by law, took up the prai^ticc of fimply recommending meafures to them. Thcti; recommendations they citlicr complied witii or not, at their pleafure. If they refufed, there was compliiint, but no compulfion. So after organising the m)vernmcnts, if at any time it became expedient that a thing Ihould be done, which Congrcfs, or any other of the organized bodies were not autliorized to ordain, tluy iimpiy recommended and left to the people, or thtir fAgijlatures, to comply, or not, as they plcafed. It was impolfible tliat the negociators on either lide Ihould have been ignorant of the differ- tnce between agreeing to do a thing, and agreeing only to Vicomvionl it to be done. The import of the terms is fo different, that no deception or iurpri/.c could be fuppofed, even if there were no evidence that the diiicr- cnce was attended to, explained and underftood. S. 6. But the evidence on this occafiun removes ail qucftion. Jt is wcU known, that the BritilK Court had it extremely at heart, to procure a rcllitution of the eftates of the refugees who had gone over to their fide : that they piopofed it in the ilrit conferences, and infiftcd on it to the laft : that our commitlloners, on the other hand, refufed it from fiill to laft, urging hrlf, Thnt it w.-.b unrcalunablc to rcftorc the conlifcated propcrtv of tl'.e refugees, unlet:, they v/ould reimburfe the deftrudion of the property «;f our ritizenb, CGminitrud on tiieir part ; and zdly, That it was bcvond the powers of the Commillioners to fti|iulate, or of Congrcfs to enforce. On this point, the treaty hung long, it was the fubjeft of a fpccial mil- fion, of a confidential agent of the IJritifli negotiator from Paris to Lon- Ci*m. It was iiili inlifted on, on his return, and ftiil protelted a'nunft by our comnilfiioncrs : And when they were urged to agree onlv, that Congrefs ihould rcco^ninmd to the llatc Icgiftatures to rcftore the eftates, Sec. of the refage'jG, they were exprefsly told that the Lcgiflatures would not regard the recommendation. In proof of this, I fubjoin extra6ls from the let- ters and journals (>f JNIr. Adams and Dr. Franklin, two of our commiHion- crs, the originals of which are , among rlic records of the Department of State, and Ihall be nj)en to you for a verilication of the copies. Thcfe prove, beyond all tiuefiion, that the difference between an exprefs agreement to do a thing and to recommend it to be done, was well undcrliood by both par- tics, and tliat the Britiih ncgocialors were put on thtir guard by thofe on I'ur j;rt; nut only, that die Lcgiflatures would be free to tcfuic, but that ■^ thev Ihey prob that Mr. to opjxife t that they tliat, if the (iannilitat ftiince of p Ihould be n.ition inU bv x\\t mc ttd as thol Ucrctc of t I import of a.ipear by t which, wi may yet he yi the fpca II Thq pre Thomas P! ^iim, as t( {Mumottd 1 fad I'ufpen afti:r the f i'Mwieiu/ai nircs; tli their bchal t/iir, and Mr. Wi confcffcd li liated ; he iiivc, that tbc loyalift country wa uiltcrs, he and lie vet them." I Air. Sec of the loya ilhould the , Inflcad 'vvo/«w««^/«//o« merely to have fomething ^'onftfea- to (jpjxife to tlie clamours i>f the refugees, to keep alive a hope in them, that thev might yet get their property from the State LcgiHatures ; and that, if they IhouUl fail in this, they would have ground to demand in- (itniuilicaiion from their own government; and he might think it a circum- ftancc!y underftood by the Britifii minirtry, and S*nfe of bv the members «f both Houfcs f.f Parliament, as well thole who ad voca- ■""'"^'*' ttd as ihofc who oppofcd the treaty ; the latter of whom being out of the Ucrcts of tlie negociulion, muft have formed their judgments on the mero import of the terms. That all parties concurred in this expof.tion will appear by the following cxtrafts from the parliamentary tegiltcr ; a work vvhich, without pretending to give what is fpokcn with verbal accuracy, may yet he relied on, we prefume, for the jjeneral rtufoning and opinion ui the fpeakers . llousK of Commons. ThQ preliminary articles under confu'.enuion : itS^, I\b. i7tl,. — Mr. Scnfi of Thomas Pitt. " That the inteixft of the fmcere loyalifts was as <\i^M- vi piilumcafi Itlm, as to any man; but that he could never think it would havu ixon promoted by carrying on that unfortunate war which parliament had in fa^t fufpended before the beginning of the trcaiy ; that it was impoHible, afuT the jiart Congrefs was pleafed to take in it, to conceive that their ?>- ammeudution would not have its proper influence on the dirterent Lcgifla- rurcs; that he did not himfelf fee what more could have been done on their behalf, except by renewing the war for their fakes, and iiicrcaiinn to the States? n our power to do ae, who will clap ht to have broken 's the ftatc of the of ]:. But fay the : not received and :d fof loft to grati- em anafylum? — i} Surely it can- mtry again knee millions for the fpilt, ani with- >pinefs and cafe fc blcflings were this head." Jb. had engaged to of the Country : ournals of Con- thcy ever adopt iertaking on the iCutive powdr ia of Parliament ? lendation would it will not ; the rs had pledged moved for, but It t of Congrcfs to iitlcfs? There K 47 > jU'erc many cads In point In which provincial alTcmWIcs haJ peremptorily Etil« tn^ refufed the recommendations of Conercfs. It was but the other dav the V "'^ ^ ' tion, , . ftntcs refufed money on the recommendations of C^ngrefs. Rhode- Iflaiul unanimoufly refufed when the Congrefs defired to be authorized to lay a duty of five per cent, becaufc the fund? had failed. Many other circum- stances might be produced of the failure of the recommendations of Con- grefs, and therefore wc ought not, in ncgociations for the loyalifts, to have jruftcd to the recommendations of Curgrcfs. Nothing but the rrptalof the .ifts cxifting againft them ought tq have fufficcd, ay nothing clfc could give cfteft to the treaty ; refcM was not mentioned. They had only Iljpulati;d to revifc and rcconiidcr them." 11 Debrett's Pari. Hcg. 44. Lord Sackville. *' The king's minifters had weakly imagined that the xecommemlation of Congrefs was a fufBcieut ftcuriiy for thefc unhappy men. For his own part, fo far from believing that this would be fuffi- >;icnt, or any thing like fuffiwicnt, for their proteflion, he was of a dircft contrary opinion : And if they entertained any notions of this fort, he would put an end to their idle hopes at once, by reading from a paper ii; his pocket, a rcfolution, which the alTcmbly of Virginia had come to, fo late as on the 17th of December lad. — The rcfolution was as follows : v " That all demands or reqijclls of the Britilh Court, for the rcflitution oC property, confifcated by this ftate, being neither fupportcd by law, equity, or policy, are wholly inadmilfible : And that our delegates in Congrefs be jnftrufted to tpove Congrefs, that they may direft their deputies who fliall reprcfent thefe States in the General Congrefs, for adjufting a peace or truce, neither to agree to any fuch reftitution,pr fubmit that the laws made |)y any independent State in this Union, be fubjefted to the adjudication of any power or powers on Earth." lb. page 6z, 63, Some of the fpeakers feem to have had not very accurate ideas of our government. AU of them however have perfectly underftood, that a r^- commcndation >vas a matter, not of obligation or coercion, but of perfuafion and influence, merely. They appear to hare entertained greater or lefs degrees of hope or doubt, as to its effcd on the Icgiflatures, and though willing to fee the refult of this chance, yet if it failed, they were prepared tp take the work of indemnification on thcmfelves. S. 8. The agreement then, being only that Congrefs (hould recommend Compllanee \Q the State Ltgiflatures, a rellitution of cftates, and liberty to remain a ^^ C'ongrcfi. Jwclvcmonthfor the purpofc of foliciting the reftitution, and to recommend a revifioa of all adts regarding the premifcs, Congrefs did immediately on the receipt of the definitive articles, to wit, on the 14th of January, 1 784, con»e to the following refolution, viz. " Refolved unanimoufly, nine ftates JBeing prefcnt, that it \^ and ic is hereby earneftly recommended to the , " - Lcgiflaturcs ! '>^^ t 1-^ »u m fiiU and Cinfifca- A£l«of Statei. fR- 7.J ( 4« > Lcpiflnturcs of the rcfjicfUve (latts, to provlJe foi* the rcftiturion of al^ cftarcs, rights, and properties, wliich have been confifcatitl, belonging tq real Britilh fubjcfts : Anil alfo, of the eftates, rights, and properties of ptT« Ions rcfidcntiu diftrifts, which were in poflTcirionof hisBrit;innic raajcftv'5 ;inT>s, at any time between tlic 30th day of November, 17^1, and the i4fli day of January, i7i54, and who have not borne arms again ft the faid United States; and ti»at perfons of any other defcription (hall have free liberty to i^o to any part or i>arts of any of the thirteen United States, and therein to remain twelve months unmoleftcd in their endeavours to obtain the rcftitu- lion of fuch of their eftates, rights and properties, as mav have been conhf- cated : And it is alio hereby carneftly recommended to the fcveral States to rcecinfider and revife all their afti or laws rcgirdin';; the prcmifes, ^b as to render the faid laws or acfts perfectly confiftent not only with jviftice and •quity, but with that fpirit of conciliation which, on the return of theblcf- Iings of peace, fliould iini vcrfallv prevail : And it is I'.crcbv alio carneftly re- commended to the feve'al States, that the eftaies, rij^hts and properties of fuch lafi; mentioned perfons (liould be rellorcd to them, they refunding to any perlbns who may be now in poffeirion, the buna fide piice (v^hcrc any Jias been given) which fuch perfons may have paid, on purchafing any of the faid lands, rights, or properties, fuice the confileation. Ordered, Tljr.c a copv Of t!\c proclamation of tliis date, toc;ether with the recommendation, be tnaifmittcd to t!\c fcveral States, by the Secretary.'' S. (1. The l?ritifl\ ncgociators had been told by ours, that all the States would refufc to comply with this reconimculatioii : One only, however, rcfufed altogether. The others complied in .T grcnrer or lefs degree, ac- cording to tnecircumltanccsand dilpolttions in wliich tlic events of the war had left them; but had all of them refuled, it would h:ive been no viola- tion of the :,th article, but an cxercife of that freedom of will, which was rcfervcd to them, and fo undeiftood bv all parties. The following ;ire the Ads of vour Catalogue wliicii belong to this hear^ vith fuch fhort obfervations as are ncceffary to explain them. Ikginring at that end of the Union where the \yar having raged iiioft, we Ihall meet with the moft repugnance to favour. S. 10. Giorg/a. July 29. " An ai'l rcleafing certain perfons from therr bargains. A law had b-een pallid during the war, to wit, in 17S2, [A. 30.] confifciting the eftates of perfons therein nr.rried and direfling them lobe Ibid : — they were fold; butlcme mifundcrfTanding happened to prevail among the purcbafers, as to the mode of payment. This Aft of 17S3, therefore, permits fuch peribns to relinnuifh thi^ir bargains, and au- thorises a new i;i'e — the lands remaining coiififcated under the law made previous to the peace. February rcftifiirion of al^ itl, belongiti"; t<| [iropcrtics of ptr* itHiinic iBajcftv'5 fii, ;m(l the i4fh ft the faid United vc free liberty to ;s, and therein to btain the rcftitu- havc been confif- ; icvcral States to ircmil'es, 4b as to with ji.iftice aiu! :turn of theblcC- allbcarncftiy re- nd properties of "iL-y refunding to lice (v/hcrc any jrc'.Kituig any of c, together with f the Secretary.'' at all the States oiiiy, however, k'ls dee;rce, ac- Lnts of the war been no viola- vill, uhich was mg to this heac^, in. BeL'inring , ^vc fti-ill nietc liJiis from their wit, in 17S2, 1 and direflinc; g happened to This Aft of gains, and aii- thc law ni;tdc February 1785. [B. 1.1 1787. [C. 1»1 1785* < 49 ) February it. An Aft to authorire the Auditor to liquidate the demandt 3,^^f/^ of fuch perfons as have claims a|{ainft the conhfcated cftates. In the fame tion. law of confifcations made during the war, it had been provided that the V^'i-1 cftates confifcatcd fhould be fubjcft to pay the debts of their former owner. Thii law of 17S5 gave authority to the Auditor to fettle with, and pay the creditors, and to fell the remaining part of the edatc confifcatcd at be- fore. February i o. An Aft to compel the fcttlcment of public accounts, for inflifting penalties, and veiling the Auditor with certain powers. This law alfo is founded on the fame confifcation law of i73z, requiring th« Auditor to prefs the fcttlcment with the creditors, &c. February 7. An Aft for afcertaining the rights of aliens, and point- ing out the mode for the admiflion of citizens. It firft defcribes what per- fons fliall be free to become citizens, and then declares none (hall be capa- ble of that charafter who had been named in any confifcation law, or ba- niihcd, or had borne arms againft them. This aft docs not prohibit cither the refugees, or real Britiih fubje fts from coming into the ftatc to purfue their lawful affairs. It only excludes the former from their right of citi- zen(hip, and it is to be obfervcd, that this recommendatory article does not fa* a word about giving them a right to become citizens. If the conduft of Georgia (hould appear to have been peculiarly uncomplying, it muft be remembered that that ftate had peculiarly fuifered ; that the Britiih .^rmy had entirely overrun it ■, had held poircfTion of it for fomc years } and that all the inhabitants had been oblit^cd either to abandon their eftates and fly their country, or to remain in it under a military government. S. II. South-Carolina. AuguR; 15th. An Aft to veft 180 acres of [A. 31.3 land, late the property of James Holmes, in certain perfons, in truft for the *"3* benefit of a public fchool. Thefe lands had been confifcatcd and fold dur- ing the war. The prefent law prefcribes certain proceedings as to the • ' purchafers, and provides for paying the debts of the former proprietors. March it. An Aft to amend the Confifcation Aft, and for other pur- pofes therein mentioned. This relates only to eftates which had been con- fifcatcd before the peace. It make fome provifion towards a final fettle- ment, 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 Aft reftoring to certain perfons their cftates, and per- mitting the faid perfons to return, and for other purpofes. This Aft re- cites, that certain eftates had been confifcatcd, and the owners 1x4 in number banilhed by former laws; that Congrefs had earneftly recommended in the terms of the treaty : it therefore diiiributes them into three lifts or cUffes, reftoring to all of them the lands thcmfclves where they remained U unfold, [B.6] 1786. [C.9.3 1784. lii V A y '( I' I- TmUuA Coafifci- tion. Document! No. 44. [B. J.J 1784. [B. ,.J 1785. No. 54. [D. u.] I790» »7«3' jc- 7.] 1784. [C. 8.] 1785. [C. I.] 1788. Document, No> 13. ( SO ) unfold, and the price, where fold, requiring from thofc in lifts No. 1 fc j* to pay It per cent, on the value of what was reftorcd, and No. 4, nothing ( and it permits ail of tlienfi to return, only difijualifying thofc of No. 1 and 3, who had borne military commiflions againft them, from'holding any office for fcven years. Governor MouUrie's letter of June it, 1786, informs u«, that moft of the confifcations had been reftorcd; that the value of thofe not reftorcd, was far Icfs than tliat of the property of their citizens carried oflfby the Britifli; and that fifteen, inftead of twelve months had been allowed to tho perfons for whom pcrmiifion was recommended to come and folicii refti- tution. S. 11. North Caro.'i/ta. Oftober. An A£t direfting the fale of conftfcatcd property. .... December »9. An Af\ to fecure and quiet in their poflc/Tions, the purchafers of lands, goods, kc. fold, or to be fold by the commilfioners of forfeited cftatcs. Thefe two A£ls relate exprcfsly to property " heretofore confifcated,'' and fecure purchafers under thofc former confifcations. The cafe of Bayard v. Singleton, adjudged in a Court of Judicature i^ North CaroUna. Bayaid was a purchafcr of part of an cftate confifcated during the war, and the Court adjudged his title valid ; nnd it is difficult to conceive on what principle that adjudication can be complained of as an infraftion of the treaty. November 19. An Aft was palTcd to reftore a ponfifcated eftate to the former proprietor, Edward Bridgen. OAobcr. An Aft to defcribe and afccrtain fuch perfons as owed alle- giance to the State, and impole certain difquolifications on certain perfons therein named. , • November. An Aft to amend the preceding Aft. April. An Aft of pardon and oblivion. The two firft of thcfc Afts excrcifed the right of the State, to defcribe who Ihould be its citizens, and who fliould be difqualified from holding offices. The laft, entitled An Aft of pardon and oblivion, I have not been able to fcfc ; but fo far as it par- dons, it is a compliance with the recommendation of Congrefs under the treaty^ and fo far as it excepts perfons out of the pardon, it is a rcfufal to comply with the recommendation, which it had a right to do. It does not appear, that there has been any obftruftion to the return of thofe per- fons who had claims to profecutc, S. 13. Virginia. The catalogue under examination prefents no Aft of this ftate fubfequent to the treaty of peace, on the fubjeft of confifcations. By one of Oftober 18, 1784, they declared thisre fliould be no future confif- (atioas. Put they did not chpofe to comply with the recommendation of Con- ifts No. I St it 0. X, nothing i thofe of No. I from'holding , tlut mod of 'e not reftorcd, ricd off by the allowed to tho d Iblicit rclli- c of confifcatcd jufTc/rions, the mmiinoners of y " heretofore fcations. , , of Judicature :atc confifcatcd d it is difficult iainud of as an id efiate to the as owed alle- iqrtain perfons of thcfc A£ls citizens, and titled An Aft far as it par- cfs under the is a rcfufal to do. It does of thofe u«r-> nts no Aft of confifcations. future confif- ationofCon- grefi, ( S« ) ^.rcls, as to the rtftoratlon of property which had been already eondfcatcd : with rcfpeft to pcrfon-, the firll Hirenibly which met after the peace, paffed Oflober. The A6t prohibiting the inij^ation of certain perfons lo this commonwealth, and for other purpofts therein mentioned, which was afterwards amended by Oftobcr. An A6> to explain anil amend the preceding. Thcfc Afts, after declaring who fhall n«)t have a right to migrate to, or become citizens of the State, have each an exprefs proviib, that nothing contained in then Jball be Jo cwJIrueJ as to contrn'venc the treaty of peace ivitb Great Britain ; and a great ni:mber of the refugees having come into the State, tinder the protection of the firft law, and it being underftood, that a party \va« form- ing in the State to ill-treat them, the governor, July 16, 1784, publiflicd the proclamation, No. 14, enjoining all magiftrates and other civil officers, to proteft them, and fecure to them the rights derived from the treaty, and afts of alFcmbly aforcfaid, and to bring to puniflimcnt, all who Ihould offend herein ; in confcquencc of which, thofe perfons remained quietly ill the State, and many of them have remained to this day. S. 14. Marjlanel. November. An Aft to vefl certain powers in the governor and council. Sec. 3. November. An Aft to empower the governor and council to compound W'ith the difcovcrcrs of Britifh property, and for other purpofes. Thefe Afts relate purely to property which had been confifcatcd during the war, and the flatc not chooling to reflorc it, as recommended by congrefs, paffed them for bringing to a conclufion the fcttlement of all tranfaftions relative to the confifcatcd property. I do not find any law of this ftate, which could prohibit the free return of their refugees, or the reception of the fubjcfts of Great Britain, or of any other country. And I find that they paffed in November. An Aft to repeal that part of the Aft for the fecurity of their governttient, which dlfqualificd non-jurors from holding offices, and voting at eleftions. The cafe of Harfifon's reprefentatives, in the court of chancery of Maryland, is in the lilt of infraftions. Thefe reprefentatives being Britifh fubjcfts, and the laws of this couhtr}*, like thofe of England, not permit- ting aliens to hold lands, the qucftion was, whether Britifh fubjefts were aliens. They decided that they were ; confequently that they could not take lands, and confequently alio, that the lands in this cafe efchcated to the flate. Whereupon the legiflaturc immediately ihterpofed, and paffed a fpecial Aft, allowing the benefits of the fucceffion to the reprefentatives. But had they not relieved them, the cafe would not have come under the treaty ; for there is no flipulation in that doing away the laws of alienage, H I and Efite and ConfifcA. tion. fC. J.] 17«3. [C 6.] 178ft. Document* No. 14. [B. 9.1 1785. [B.,o.] 1788. [17S6.J [D. i,.l 175a. See Docu* ment, No. 49» H, I* I hi l^ Ciile and Coii&fca- tion. Documentf No. I J. IP' «S] 1790. 1783- T>o d In arms againft Hand their trial, lolc buHneis foon either before or '■ was nothing ta cccds of the Tales that all perfont imaincd there in iiifaftion of thia the rui)jc£ts of jncil> to fell part ;i, 1783. This name of Henry . and failing, his mofl of it fold. 1 diredtcd what :omplete, it was ICC with the re- utivc completed inittcd to return lis day in quicr State, as to thc eftatc. This during the war, ard for his fcr- wtre free to do lony of the mo- from tliat we from returning \ invaded ; the h the war ; it rs been driven ig in exile and : wondered at, it ( 53 ) tf their rcnfaticnt were among the mod lively : accordingly, they, in the very firft moment, gave a flat refufal to the recommendation, as to the re- Horation of property. See Document No. 17, containing their reafuns. They paffed, however. May 11, Tlie Aft to prcfervc the freedom and independence of this State, and fur other purpuies tiiercin mentioned, in which, after difquaiifying refugees innn offices, tliey permit thcin to cumc, and remain as long as may be aUloluteiy neccdary, to defend their cftatcs, S. 19. djitHrSilcut. A fingic Att only on the fame fubjcft, is alleged againll this State, after the treaty of peace : This was an Aft dirctting certain confifcatcd cftatcs to be fold. The title fliews, they were old con- tifcations, not new ones, and governor Huntington's Ititcr informs us, that all confifcations and profecutions were flopped on tlie peace ; tliat fome 1 reftoration of property took place, and all pcrfons were free to return. S. 10. RboJe IJImuI. The titles of four Afts of this State are cited in your Appendix, to wit : May 17. An A£ttofend out of the State, N. Spink, and \. Underwood, who had formerly joined the enemy, and were rct.rncd to Rhodc-Iiland. June 8. An A6t to fend William Young, theretofore banlflied out of the State, and forbidden to return at his peril. June iz. An A£t allowing William Brenton, late an abfentec, to vifit his family for one week, then fent away not to return. Oftobcr. An A61 to banilh S. Knowles (whofc eftatc had been forfeit- ed) on pain of death, if he return. Mr. Channing, the attorney of the United States for that diflrift, fays in his letter, <* he had fent mc all the >ds of that icgillature, that aiTcA either the debts, or the perfons of Kri- fifti fubjcds, or American refugees." The a£ts above cited are not among tliem. In the anfwer of April 6th, which you were pleafed to give to mine uf March 30th, defiling copies of thefc, among other papers, you fay rhc book is no longer in your poffcirion. Thele circumftanccs will, I hope, excufc my not anlwering or admitting thefc afts, and juflify my proceeding to obfcrvc, that iiorliing is produced againft this ftatc, on this. fubjeft, after the treaty ; and the diftrift attorney's letter before cited in- forms us, that their courts confidered the treaty as paramount the laws of the ftate, and decided accordingly, both as to pcrfons and property, and that the cftates of all Britifti fubjeA:> fcizcd by the flatc, had been reflorcd, and the rents and profits accounted for. Governor CoUins's letter, No. zo, is a further evidence of the compliance of this flate. S. ai. Maffacbufctls. March Z4. This flatc pufled an aft for repealing two laws of this ftate, and for alTwting the righi of this free and fovrreign commonwealth to sxpcl fuch aliens as may be dangerous to the peace and goud Cttle and Contirca- tion. Document, No, 17. tC 4] 1784. [A. Si 1790. Document* No. 18. [C.„.) 1783. [C. .».] 1783. [C..3.] 1783. [C ,4] 1783. Doc. No. »9- No. ao. [C. ».] 1784- I I.':| 11 ii 1* ■ I tiile ani Confirca> iion. £B. I.] 17S4. Future tions. • 3 Black- ftone, 260, Citixenlhip of Refugees. good or(tcr of governrhcnt, the effeft of whieh was to rcjcft tliftrccotfifhch* dation of Congrefs, as to the return of pcrfons, but torcftore to them fuch of their lands as were not confifcated, unlcfs they were pledged for debt, and by Novem. 16. Ah aft in addition to an aft for rcjicaling two laws of .this liatc, thty allo\^cd thtni to redccfn thtir lands pledged for debtj by pay- ing the debt. S. 22. Kw-Hiim/^/ir. Againft Ncw-Hampfliire nothing 'is alleged ; that ftatc having hot been invnded at all, was not induced to cxercife any afts of rigour againft the ftihjcft's or adherents of their chcmicS. ' ' The afts then, which ha\'e been complained of, as violations of the Vth article, were fuih as the ftptcs were free to pafs, hotwithftahdingthc rccom-i tnendation, fuch as it was well underftood they would be free topafs with- out any imputation of infraftion, ahd rtiay therefore be put entirely otit of queftion. S. 23. And we may further obfcrVc, with rcfpcft to the famt afts, that they have been ccnfidered as infraftions not Only of the Vth article, which recommended the reftoration of the confifcatiohs which had taken place tiuri>tg the ivar ; but alio, of that part of the Vlth article which forbad e/«/?/rf con- fifcations ; but not one of them touched an eftate which had not bccnbefoBf. confifcated; for you will obfcrve, * that an aft of the Icgiflatute confifcat- ing lands, itands in place ci an office found \r\ ordinary cafis ; and that on tbc pajfnge of the a^, as ok ihefnding tif thecfficc, tlrt ftate (lands ipfo fafto ppfTeffed of the lands, without a formal cntrv. The coniifcation then is complete ^y the pafTage of the aft. Both the title and poffeflion being di- vefted out of the former proprietor, and vcfted in the ftate, no fubfequent proceedings relative to the lands, are afts of coniifcation, but are mere ex- ercifcs of ownerfcip, whether by levying profits, conveying for a lime, by kafe, or in pcrpctuo, bv an abfolutc deed. I believe therefore, it tnay be iuid with truth, tl\at there was not a finglc confifcarion made in any one of the United .States, after notification of the treaty ; and conCcquently, it will not be neceffary to notice again this part of the 4th article. S. 24. Before qvAeting the recommendatory article, two paffage* in the letter are to be noted, which a;^p!ying to all the ftatcs in general, could not have been properly anfwcred under any one of them in particular. In page t6, is the following pifTage : " Ihe exprefs provifion in the treaty, for the rcftitution of the cftatcs and properties of perfons of both thefe de- fcriptions [Britifli I'uhjefts and Americans who had ftaid within the Bri- oih lines, but had not borne arms,] certainly comprehended a virtual ac- quielceivce in their right to rcfide where their property was fituated, and to be Tcftored to tlic privileges of citi/cuniip." Here feein^ to be a double ' . j error: tliisrccoitiflieii* re to them fuch edged for debt^ wo Ia\Vs of .this r debtj by pay. ing "/jS alleged ; to cxerclfe any nicS. ions of tlic Vth ding the rccom- 'ee to pafs with- t entirely otit of' : famt bAs, that h article, which \ken place during baAcfntiire con- not bccnbcfoff. latutc confifcat- s ; and that on lands ipfo fedto ifcation then is ffion being di- no fubfequcnt t are mere ex- for a time, by ore, it may be dc in any one conCcquently, tic!e. Laifageii in the [r-dl, could not [rticular. In lin the treaty, loth thefe de- Ihjn the Bri- |a virtual ac- lituated, and be a double error : ( ss > trror; Tirft, in fuppofing an exprcfs provifion, whereas the words of the ar» f xlle and ticle, and the collateral teftimony adduced, have (hewn that the piovifion Confifca* was neither ex/>refsj nor meant to be fo. And fecondly, in inferring from a rcftitution of the cftate, a virtual acquicfccnce in the right ef the party to rcfide where the cftate is, Nothing is more frequent, than for. a fove- reign to banifh the perfon, and leave him poiTcffed of iiis cftate. The in> ference in the prefent cafe too, is contradiftcd, as to the refugefSt by the reeommendation to permit their refidence twelve months ; and as to Bri- tilh fubjcfts, by the filence of the article, and the improbability that the Britifli plenipotentiary meant to Itipulatea right for Brjtilhfubjefts to emi- grate and become members of another community. S. 25. Again, in page 34. it is faid, " The nation of Great-Britain has Indemnifi. been involved in the payment to them of no lefs a fum than four millions Gre«-Bri- fterling, as a partial compcnfation for the loflcs they had fuftaiiied." It has ttin. been before proved, that Mr, Ofwald underftood perfeftly, that no indem- nificatien was claimed from us ; that on the contrary we had a counter claim of indcmniiication to much larger amount: It has been fuppofed,. and not without grounds, that the glimmering of hope provided by the re. commendatory article, was to quiet, for the prefent, the clamours pf the fufftrers, and to keep their weight out of the fcalc of oppofition to the peace, trufting to time and events, for an oblivion of thefe claims, or a gra- dual ripening of the public mind to meet and fatiify them, at a moment of .■fs embarralTmcnt : the latter is the turn which the thingtook. The claimants continued their importunities, and tlie government determined at length to indemnify tiiem for their lolTes ; and, opcn-handedly as they went to \vo.-k, it coft them lefs than to have fettled with us, the juft account of mutual indemnification, urged by our commilTioners. It may be well doubted, whether there were not lingle ftates of our Union, to which the four millions you have paid, would have been no indemnification for the loffes of property fuftaincd contrary even to the laws of war : and what fum would have indemnified the whole thirteen, and conftquently to what fum our whole lolTes of tltis defcription 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 meafure in which they were dealt out. Thole who were on the fpot, and who knew int^|||ptely the ftatc of afiairs with the individuals of this defcrip- tion, who knew that their debts often exceeded their poffelTions, infomuch that the moft faithful adminiftration made them pay but a few (hillings in the pound, heard with wonder of the fums given, and could not but conclude, that thofe largeflTcs were meant for fomcthing more than lofs of {>roperty : that fcrvices, and other circumftanccs muft have had great in- , « fluencc. 'A ij ■1 / r ii'f'' i ! r I 1 ill; «:lfi h-s I £iile and Confifca- lion. Dehtj. Britifh pro> ceedings. Negroes. Ko. ai. ( 56 ) fluence. The fiim paid is therefore no imputation on us. We have borne ourovvnloffes. Wc have even leffencd yours, by numerous reftitu- tions, where circumftances admitted thci.i ; and we have much the worft of the bargain, by the alternative you chofe to accept, of indemnifying your own fufFcrers, rpthcr than ours. S. 26. IT. The article of debts is next in order : but to place on their true grounds our proceedings relative to them, it will be neceffary to take a view of the Britifli proceedings, which are the fubjcft of complaint in my letter of December 1 5th. In the 7th article, it was ftipulatcd, that his Britannic majefty fhould withdraw his armies, garrifons and fleets, without carrying away any ne- groes, or other property of the American inhabitants. This ftipulation was known to the ^ritifh commanding officers, before the 19th of March 1783, zi/novi/ioftally agreed, and on the 5th of April, they received official notice from their court of the conclufion and ratification of the prelimina- ry articles between France, Spain, and Great-Britain, whith gave aftivity to ours, as appears by the letter of Sir Guy Carleton to Gen. Wafhington dated April 6, 17S3. [Document, No. ii.] From this time then, furely no negroes could be carried away withotit a violation of the treaty. Yet we find thnt fo early as the 6th May, a /nige number of them had already been embarked for Nova-Scoria, of which, as contrary to an cxprefs flipu- laricn in the ticatv, Gen. VVafliington declared to him his fenfe anrf his furprife. In the letter of Sir Guy Carleton of May ii, (annexed to mine to you of the 15th of December) he admits the faft, palliates it by faying he had no light to deprive the negroes of that liberty he found them fopjfed of, that it was xmfriendly to fgppofe that the king's roini- f\er could iHpulate to be guilty of a notorious breach of the. public faith towards the negroes, and that if it ivas his intention, it muft be adjujl' fd by ,-i,mpenJution, rcftoration being utterly impracticable, where infepara- blc from a breach of p\iblic faith. But furtly, Sir, an officer of the king »•? not to qvicftion the validity of the king's engagements, nor violate his folemn treiuiei, on his own icruples about the public faith. Under this pretext, however, general Carleton went on in daily infraftions, embarking, from time to time, between his notice cf the treaty, the 5th of April, and the fVHcuation of New- York, Nov. 25 — 3000 negroes, of whom our Commif- fioncrs had iufpection, and a very lage ttumber more, in public and private vefTeh, of whom they were not permitted to have infpe£tion. Here, then, was a direft, unequivocal, and avowed violation of this part of the 7th article, i:i tiic firft moments of its being known ; an article, which had been of ex- treme foIicit\idc on our part ; on die fulfih-nent of which depended the means of paying debts, in proportion to the number of labourers withdrawn ; and wli.'n in the very aclof viv)!*tion, wc warn, and put tiie couv.jiynding officer en from New- ell/ay of the fraftion of On the 3 general W{ ihe letter, I "ivedfrom . We have •rous reftitu- ich the worft indemnifying place on their ceffary to take complaint in najefty Ihould away any nc- his ftipulation 19th of March eceived official the prelimina- ih gave aftivity n. Wafhington methcn,furely he treaty. Yet icm had already in exprefs ftipu- tiib fenfe and his innexcd to mine tes it by faying ■ he found them ic king's mini- of the , public ft mufl be adjnji- where infepara- icer of the king ■iolate his folemn ler this pretext, ibarking, from April) and the our pommif- iblic and private In. Here, then, (fthe 7th article, |had been of cx- nded the means itlidrawn ; and nianding officer en ( 57 ) on his guard, he fays, direftly., he will go through with the aft, and leave it to his court to adjuft it b> compenfatinn. S. ay. By the fajnC article, his Britannic majeftyftipulatcs, that Jie will, nvith all convenient fpeed, withdraw his garrifons from everj poft within the United States. ♦* When no precifc term, fays a writer on the law of navions, [Vattcl, 1. 4. c. 26.] has been marked fpr the accompli fliment of a treaty, and for the execution of each of its articles, good fenfe determines that eve fy point Ihould be executed as foon as pojjible • This is, without doubt, what was underftt)od." The term in the treaty, ivith all convenient f^eedy amounts to the fame thing, and clearly excludes all unneccflary delay. The general pacification being figned on the 20th of Jan. fometime would be requifite for the orders for evacuation to come over to America, for the removal of ftores, property and perfons, and finally, .forthe aft of eva- cuation. The larger the poft, the longer the time neceffary to remove all its contents ; the fmaller, the fooner dcme : Hence, though general Carleton received his orders to evacuate New- York, in the month of April, the eva- cuation was not completed till late in November. It had been the principal place of arms and ftores ; the feat, as it were, of their general government, and the afylum of thofe who had fled to them. A great quantity of fhip- ping was neceffary, therefore, for the removal, and the General was obliged to call for a parr from foreign countries. Thefe caufcs of delay were duly refpefted on our part. But the poftsof '• Michillimackinac, Detroit, Nia- gara, Ofwego, Ofwegatchie, Point*au-Fer, Dutchman's Point, were not of this magnitude. The orders for evacuation, which reached general Carleton, in New-York, early in April, might have gone, in one month more, to the moft remote of thel'e pofts : Some of them might have been evacuated in a few days after, and the largeft in a few weeks. Certainly they might all have been delivered, without any inconvenient fpecdm the operations, by the end of May, from the known facility furnifhed by the lakes, and the water connefting them ; or by crofling immediately over into their own territory, and availing themfelves of the fcafon for making new tftablilh- ments there, if that was intended : Or whatever time might, in event, have been neceffary for their evacuation, certainly the order for it fliould have been given from England, and might have been given as early as that from New-York. Was any order ever given ? Would not an unncceJfMj dday of the order, producing an equal delay in the evacuation, be an in- fraftion of the treaty ? Let us inveftigate this matter. On the 3d of Aug. 1783, major-general baron Steuben, by orders from general Wafliington, having repaired to Canada fcr this purpofe, wrote the letter. No. 22, to general Haldimaud, governor of the province, and re- ceived from him the anfwcr of Aug. 1 3 , No. 2 3 . Wherein he fays, « The 1"' orders Debts. Brttilh Pro. ceediost. Pofts. « Lorfqu'on n'a point marque dc terme pour raccomplif- fement du tuite, et pour 1 'exe- cution de chacun des articles, le bon fens die que chaque point doit etre execute aujjiltt qu'il tjl fiffil/lt. C 'eft fans doute ainft qu'onal'en* tendu.' • Inftcadof this, Fort- Erie was, by error, in- ferted in my letter of Dec. 15. ti No. 22. No. 23. i^r itti f I ' Oebti. Brtt. pro> cecdtngs. No. 24. No. 25. No. 27. No. 2S. ( 58 ) ' orders I have received, dire£): a difcontinuance of every hoftile meafuM ofily,' &:c. And in his conference with baron Steuben, he fayi exprefsly, • That he bad not received any orders for making the leaft arrangement for the evacuation of a fingle poft.' The orders then, which might have been with him by the laft pf April, were unknown, if they exiftcd, th« middle of Auguft — See Baron Stouben's letter. No. 24. Again, on the 19 of March, 1784, gov. Clinton, of New-York, within the limits of which ftate Ibme of thefe polls are, writes to general Haldi- mand the letter No. 25; -and that general, anfwering him, May 10, from Quebec, lays, * Not having had the honour to receive orders and in- ftruftions relative to withdrawing the ganifons,' &c. Fourteen months were now elaplcd, aiul the orders not yet received^ which might have beea leceived in four. Again, on the u of July, col. Hull, by order from general Knox, the Secretary at War, writes to general Haldimand the letter No. 17 ; and general Haldimaud gives the anfwcr of the 13, No. 28, wherein he fays, * ThoMgh I am now informed, by his majefty's minifters, of the ratifica- tion, Sec. I remain, &c. yiot having received any orders to cvacnate the polls which are without the limits,' &c. And this is eighteen months after the Jigiiature of tha general pacification ! Now, is it not fairtoconclude, if the order was not arrived on the 13 of Aug. 1783, if it was not arrived on the 10 of May, 1784., nor yet on the 13 of July, in the lame year, that, in truth, the order had never been given ? And if it had never been given, may we not conclude, that it never had been intended to be given } From what moment is it we are to date this infra£lion ? From that, ar wliich, with convenient I'pecd, the order to evacuate the upper pofts might have been given. No legitimate reafon can be alhgned, why that order might not have been given as early, and at the fame time as the order to evacuate New- York ; and all delay , after this, tuas in contravention of the iii'ii/y. S. ;8. VVas this delay merely innocent and unimportant a» to us, fer- i\ug aliJe all confiderations but of intereft and fafety ? i. It cut us oft from the fur-traiic, which, before the war, had been always of great im- portance as a. branch of commerce, and as a fource of remittance for the paymentof ourdebts to Great-Britain : for tothfe injury of withholding our pofts, they added the obllruction erf all paffage along the lakes and theic conununications. 2. Itfecluded us from conneftion with the north-wellcm Indiana, from ail opportunity of keeping up with them friendly and neigh- bourly iutercourfe, brought on us confequently, from their known difpo- fitions, conAant and cxpenfive war, in which numbers of men, women and children have been, and Aill are daily falling viAimx to the fcalping knife, and to which there will be no period, but in our pofl^slFion of the poft* | which command their country. loftile meafufi fay» exprefsly, rrangemcnt for ich might have ey exiftcd, th« /-York, within general Haldi- him, May lO, ? orders and in- }urtcen months [light have beta general Knox, terNo. 17; and .vherein he fays, of the ratifica- vacuate the pofts months after the jcondudc, if the ot arrived on the lame year, that, t had never been dcd to be given ? ? From that, ar ipper pofts might why that order as the order to itra'vention of the int ai to us, fet- 1. It cut us off v.iys of great im- rcmittancc for the if withholding our i lakes and thei( the north-weftern ricftdly and ncigh- eir known difpo- ' ment women and the Tcalping knife, iffion of the poft» ( 5^ ) It may fafely be faid then that the treaty was violated in England, be- fore it was known in America, and in America, as foon as it was known, and that too in points fo eflential as that without them, it would never have been concluded. S. 29. And what was the cffcft of thefe infraftions on the American mmd ? On the breach of any article of a treaty by the one party, the otiier has its tlcdtion to declare it diliolved in all its articles, or to compcnlate itfelf by withholding execution of equivalent articles; or to wave notice of the breach altogether. Congrefs being informed that the Britifh commanding officer was car- rymg away the negroes from New-York, in avowed violation of the trea- ty, and againft the repeated remonftrances of Gen. Walhington, they take «p the fubjcft on the 26th of May, 17S3 ; they declare that it is contrary to the treaty ; dired that the proper papers be fent to their minifters ple- nipotentiary in Europe to remonftratc, and demand reparation, and that, in the mean time, General Walhington continue his remonftrances to the Britifli commanding officer, and infifton the difcontinuance of the meafure. [See document No. 29.] S. 30. The ftatc of Virginia, materially affefted by this infraftion,* be- caiife the labourers thus carried away were chiefly from thence ; while heavy debts were now to be paid to the very nation which was depriving them of the means, took up the fubjeft in Dec. 1783, that is to fay, feven months after that particular infraftion, and four months after the firft re- fufal to deliver up the pofts, and inftead of arrefting the debts abfolutely, in reprifal, for their negroes carried avay, they pafled [D. 5.] the aft to re- vive and continue the fcveral a£ls for fufpending the ilTuing executions on certain judgments until December 1783 ; that is to fay, they revived till their next meeting two afts paffcd during the war, which fufpended all voluntury zn^ fraudulent alHgnmcnts of debt, and as to others, allowed real and perfonal eftate to be tendered in difcharge of executions ; the effeft of which was to relieve the body of the debtor fiom prifon, by authorizing him to deliver property in difcharge of the debt. In June following, thirteen months after the violation laft mentioned, and after a fecond rcfufal, by the Britiih commanding officer, to deliver up the pofts, they came to the rcfoiution No. 30, reciting fpecially the infraction refpc£ting their negroes, inftrufting their delegates in Congrefs to prefs for repara- tion i and rcfolving, that the courts fliall be open to Britiih fuits as foon as reparation /hall be made, or otherwife, as foon as Congrefs Jhall judge it indifpenfably necejfary. And in 1787, they pafled [C. 7.] the aft to repeal lb much of all and every aft or afts of aflembly as prohibits the recovery 9f Britiih dcbtf j and at the Came time [E. 6.] the aft to repeal part of I 2 an Debti, Brit, pro* cecdmgt. Debt!. Am. pro- ccedin^«. No, 29. No. 3». i I! ,*► Debti. Am. pro- ceedings. l\ i ^m 1 an a£l for the protection and encouragement of the c«mraerce of nations acknowledging the independence of the United States of America. The former was not to be in force till the evacuation of the polls, and reparation for the negroes carried away. The latter requires particular explanation. The fmall fuppli«;s of European goods which reached us during the war, were frequently brouglu by captains of vcffcls and fupercargoes, who, as foon as they had fold their goods, were to return to Europe with their veffels. To pcrfons under fuch circumftances, it was neceflary to give a . fummary remedy for the recovery of the proceeds of their fate. This had been done by the law for the protection and encouragement of the com- merce of nations acknowledging the independence of the United States, which was meant but as a temporary thing, to continue whilft the fame circumllances continued : On the return of peace, the fupplies of foreign goods were made, as before tlie war, by merchants refident here. There was no longer reafon to continue to them the fummary remedy which had been provided for the tranfient vender of goods : And indeed it would have been unequal to have given the rclident merchant indantancous judgment againft a farmer or tradefman, while the farmer or tradefman could purfuc thofe who owed him money but in the ordinary way, and with the ordinary delays. The Britifh creditor had no fuch unequal privilege, while we were under Britifh government, and had no title to it in jufticc, or by the treaty, after the war. Whea the legiflature proceeded then to repeal the law as to other nations, it would have been extraordinary to have continued it for Great-Britain. ,..,, .{. ... ^;. ,.♦ . j;-. S. 31. Soutli Carolina was thcfccond ftate which moved, in confequence of the Britifh infradUons, urged thereto by the defolatcd condition In which their armies had left that country, by the debts they owed, and the iilmoft entire deftruftion of the means of paying them. They palTed [D. 7. io.] 1784, Mar. 1 6, an ordinance refpe6\ing the recovery of debts, fufpending the recovery of all adtions, as well American as Britilh, for nine months, and then allowing them to recover payment at four equal and annual inftalmeius only, requiring the debtor, in the mean time, to give good fccurity for his debt, or otherwife refufing him the benefit of the aft ■ by [D. 21.] 1787, Mar. 28. An A6^ to regulate the recovery and pay- meat of debts, and prohibiting the importation of negroes, they extended the inftalments a year further in a very few cafes. I have not been able to procure the two following afts [D. 14.] 1785, 0&. is, An Aft for regulnting fales under executions, and for other purpofes therein men- tioned, and ..,-.(;_, [D. 12.] 1788, Nov. 4. An Aft to regulate the payment and recovery of of debt!, limited ; your Ictte in relief meuts. Great Bri the procce diftrt. ls with the have infpii every bod thnfc fok S. 3». modiftcatio ditors, pen mcnt of p [D. 12.] I the fuit of fonal eftate [D. 16.; obferve, th Britain, and S. 3j. Nj [D. ,3] writs of fiei debts, and [D. ,8.] £. 100,000 [D. .7.] for railing 1 tender, and S. 34. Gi fum oi £. i redemption; alio a legal Thefe an to have moc alfo emitted executions ; tainty. I h; [D. 15.] » ce of nation! (lerica. The nd reparation explanation, ring the war, yei, who, as pe with their fary to give a . :. This had of the com- Jnited States, tiilft the fame lies of foreign B. There was lich had been would have 3US judgment efman could and with the lal privilege, I it in jufticc, ;eded then to inary to have confcquence ;ionln which 'cd, and the hey pafled lery of debts, as Britifh, lent at four in the mean Ing him the pry and pay- ley extended ive not been |i8, An Aft lerein men- |nd recovery of ( 61 ) of debts, and to prohibit the importation of negroes for the time therein Debti. limited ; and I know nothing of their effeft, or their exiftence, but from Am pro- your letter, which fays, their effect was to deliver property in executicn, **"*"***• in relief of the body of the debtor, and ftill further to poftpone the inftal- meuts. If, during the exiftence of material infraftions on the part of Great Britain, it were neceiiary to apolngiie for thele modifications of the proceedings of the debtor, grounds might be found in the peculiar diftrciics of that ftate, and the liberality with which they had complied with the recommendatory articles, notwithftanding their fufFerings might have infpired other difpofitions, having pardoned every body, received every body, reftored all confifcated lands not fold, and the prices of thofe fold, S. 3*. Rhode-lHand next afted on the Britifh infraftions, and impofed modifications in favour of fuch debtors as fhoukl be purfucd by their crC'* ditors, permitting them to relieve their bodies from execution, by the pay- ment of paper-money, or delivery of property. This was the effe£t of [D. 12.3 1786, Mar. An A£l to enable any debtor in jail, on execution at the fuit of any creditor, to tender real or cenain fpecific articles of pcr- i'onal eftate, and [D. 16.} 1786, May, An A£t making paper money a legal tender. But obferve, that this was not till tbree yews after the infraflions by Great- Britain, and repeated and conftant refufals of compliance on their part. S. 33. New Jerfcy did the fame thing, by [D. 13 ] 1786, Mar. 23, An Aft to direft the modes of proceedings on writs of fieri facias, and for transferring lands and chattels for payment of debts, and [D. 18.] 1786, May 26, An Aft for ftriking, and making current, £. 100,000 in bills of credit, to be let out on loan, and [D. 17.] 1786, June I, An Aft for making bills emitted by the Aft forraifmg a revenue oi£.ii,zi^: 5s per annum, for 25 years, a legal tender, and S. 34. Georgia, by [D. 19.] 1786, Aug. 14, An Aft for emitting the fum of £. 50,000 in bills of credit, and for cftablifhing a fund for the redemption, and forother purpofes therein mentioned, made paper money alio a legal tender. Thefe are the only ftates which appear, by the afts 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 ; though, not having feen the aft, I cannot affirm it with cer- tainty. I have not mentioned, becaufe I do not view the aft of Maryland [D. 15.] 1786, Nov. C, >9, for the fettlement of public accounts, &c. as a modif 1 '11 ■1 &' V.' hi I if :l; m 1 ( 6t ) ' UjI,,,, a modincation of the recovery of debts. It obliged the Britifh fubjeft, Am. pr«- before he could recover what was due to him within the ftttc, to give bond cee ingj. ^^^ ^^^ payment of what he owed therein. It is rcafonable that everyone who alks jufticc fliould do j\inicei and it is ulual to confidcr the property of a foreigner, in any country, as a fund appropriated to the payment of what he owes in that country, cxclufively. It is a care which moft nations take «'f their own citizens, not to let the property which is to anfwcr their demands, be withdrawn from its jurifdiftion, and fend them to feck it in foreign countries, and before foreign trilniiials. lmt*lmen!i. S. 35. With rc(*p(ft to the cbltaclcs thus oppofcd to the Britifli creditor, bclidcs their general jufiificuion, as being produced by the previous , iufiai^ions on the part of Great-Britain, each of tliem admits of a fpecial ;,poIngy. They arc, ift. Delay of jiuigment. ;d. Liberating the body from execution, on the delivery of property. 3d. Admitting executions to be difcharged in paper money. As to the ift, let it be confidered, that from the nature of the commerce carried on between thcfc dates and Great liritain, they were generally kept in debt; that a great part of the country, and moft particularly Georgia, South Carolina, North Carolina, Virginia, New-York and Rhode-Ifland, had been ravaged by an enemy, moveable property ca>'-icd off, houfcs burnt, lands abandoned, the proprietors forced off into exile and poverty. When the peace permitted them to return again to their lands, naked and Jufoiate as they were, was inftant payment pra6ticable ? The contrary was To palpable that the Britilh creditors fhtmfclves were fcnfiblc that, u ere they to rufh to judgment immediately ngainft their debtors, it woaUl involve the debtor in total ruin, without relieving the creditor. It is a fai'V, for which we may appeal to the know- ledge of one mciiiber, at Icaft, of the Britifli adminiftration of 17S3, that the chairman of the North American merchants, conferring on behalf of I thofc merchants with the American miniftcrs then in London, was fo fenfible that time was neceffary, as well to fave the creditor as debtor, that I he declared, there would not be a moment's hefitation, on the part of the creditors, to allow payment by inftalmpnts annually for fcvcn yean j and that this arrangement was not made, was neither his fault | nor ours. '■" ' To the necelfitics for fomc delay in the payment Qf debts may be added, I the Britifli commercial regulations leffening our means of payment, by prohibiting us from carrying in our own bottoms oyr own produce to their dominions in our neighbourhood, and excluding valuable branches of it from their home markets by prohibitory duties. The means of pay- ment conftitute one of the motives to purchafe, at the moment of pur- 1 chafing. If thefc mean* are taken away by the creditpr hiipfelf, he ought ' ^ not the Britifh fubjeft, c ftatc, to give bond lablc that every one ider the property of he payment of what :h moft nations take is to anfwcr their i them to feck it in the Britifli creditor, d by the previous admits of a fpecial liberating the body Imitting executions be conftdered, that cfc dates and Great part of the country, Carolina, Virginia, n enemy, moveable i proprietors forced :d them to return i^^as inAant payment !: Biitilh creditors gment immediately otal ruin, without ppcal to the know- cion of 1783, that erring on behalf of in London, was fo litor as debtor, that lion, on the part mnually for fevcn neither his fault cbts may be added, IS of payment, by i^n produce to their uablc branches of| he means of pay- ; moment of pur- 1 - hiipfelf, he ought ( 63 ) %cx in confcience to complain of a mere retardation of his debt, which is Dtkti« the effeft of his own aft, and the leaft injurious of thofc it is capable of Am. pro. ^ producing. The inftalment a£ls before enumerated have been much lefs '** '"'^*' general, and fur a fliorter term, than what the chairman of the American merchants thought reafnnable. Moft of them required the debtor to give fccurity, in the mean time, to his creditor, and provided complete indem> niiication of the delay, by the payment of intcreft, which was enjoined in every cafe. S. 36. The fecond fpecies of obflacle was the admitting the debtor to Eiecutioiu relieve his body from imprifoninent by the delivery of lands or goods to P* his creditor. And is this idea original, and peculiar to us ? or whence have we taken it ? From England, from Europe, from natural right and realbn. For it may be fafely affirmed, that neither natural right nor reafon fubjefts the body of a man to reftraint for debt. It is one of the abufes introduced by commerce and credit, and which even the moft commercial nations have been obliged to relax in certain cafes. The Roman laws, the principles of which arc the nearcft to natural reafon of thofe of any municipal code hitherto known, allowed iniprifonment of the body in criminal cal'cs only, or thofe wherein the pa;ty had cxprefsly fubmitted himfclf to it. — The Frcntlt laws allow it only in criminal or commercial cafes. — The laws cf England, in certain defcriptions of cafe* (as bankruptcy), rcleafc the body. Manv of the United States do the fame, in all cafes, on a ceihon of property by the debtor. The Icvan facias, an execution affe£ling only the pnj/'^s of utu/s, is the only one allowed in England, in certain cafes. The elegit, another execution of that and this country, attaches firft on a man's chattels, which are not to be fold, hMX xoW cUi/'-jeyed to the plainiij', on a reafonaltle appvaifemnn, in part of fatisfiftion for his debt, and, if not fufTitient, one half only of his lands are then to be delivered to the plaintiff, till the profits fliall have fttisfifd him. The tender laws of thefo States were generallv morf favourable than the execution by elegit, becaufc they net only gave, as that dues, the whole property in chattels, but alfo tbc Kvbole i)rope.rty in the lands, and not merely the pYofu^ of them. It is, therefore, an execution framed on the model of the Englilh elegit, or rather an amendment of that writ, taking away, indeed, the elcAion of the party againft the body of his debtor, b»it giving him. In exchange for it, much more complete remedy againft his landi. Let it be obferved too, that this proceeding was allowed againft citizens, as well as foreigners j and it may be qucftioncd, whether the treaty is not fatis- fied, while the fame meafure is dealt out to Britilh fubjefts, as to foreigner* \ ^M i r '^i'*' I! i Debts* Am. pro- ceedingi. Eiecutioni paid in pa- per money. ( «4 ) foreigners of all other nations, and to natives thcmfclvei. For it wotild fecm, that all that a friend can cxpedt, is to be treated as a native citi7en. S. 37. Tiie third obftadc was allowing pnpcr money to be paid for goods fold under execution. The complaint on this head is onlyagainR Georgia, South Carolina, Jcrfcy and Rhode-Ifland : and this ob(lru£tion, like the two nthers, fprung out of the peculiar nature of the war. For thofc will form very faifc conclufions who rcufon, as to this war, from the circumftancts which have attended other wars, and other nations. When any nation of Europe is attacked by another, it has neighbours, with whom its accuftomary commerce goes on without interruption ; and its commerce with more didant nationi is carried on by lea, in foreign bottoms, at leaft, under protedtion of the laws of neutrality. The produce of its foil can he exchanged for money, as ufual, and the ftock of that medium of circulation is not at all diminifhcd by war; fo that pro- perty fells as readily and as well, for real money, at the clofe as at the coirmenccmentof the war. But how different was our cafe ! On thenonh and fouth were our enemies ; on the weft, deferts inhabited by favages in league with them; on the eaft, an ocean of 1000 leagues, beyond which, indeed, were nations \\ iio might have purchafed the produce of our foil, and have given us real money in exchange, and thus kept up our flock cf money, but who were deterred from coming to us by threats of war on the partof our enemies, if they fliould prefume to confider us as a peopk entitled to partake the benefit of that law of war which allows commerce with neutral nations. Wliat were the confequcnccs r The ftock of hard money, which wc poircHed in an ample degree, at the beginning of the war, foon flowed into Europe for fupplies of arms, ammunition and other neceffaries, which wc were not in the habit of manufafturing for our- felves. The produce of our foil, attempted to be carried in our own bottoms t» Europe, fell, two thirds of it, into the hands of our enemies, tvho were mafters cf the Tea ; the other third illy fulhced to procure the neceffary implements of war, fo that no returns of money fupplied the place of that which liad gone off. We were reduced then to the refource of a paper medium, and tiiat completed the exile of the hard money : fo that, in the latter ftagei* of the war, wc were, for years together, without feeing a fingle coin of the precious metals in circulation. It was clofed with a ftipulation that wc fliould pay a large mafs of debt in fuch coin. If the whole foil of the United States had been offered for falc for ready coin, it would not have raifed as much as would have fatisfied thi* ftipulation. The thing then was igipofTiblC) and reafoo and authority - decIarT) Ivei. For it treated as a ) be paid for is only againft is obftruftion, he war. For lis war, from other nations. IS neighbours, interruption ; an by lea, in sutrality. The id the ftock of r J fo that pro- dole as at the ! On the nonh d by lavages in beyond >¥hich, ice of our foil, up our ftock cf •ats of war on - us as a people ows commerce ftock of hard ginning of the lition and other aring for our- ;d in our own 'our enemies. declare, ^ « Si rcmpechement eft r^el, il faut donner du terns ; car nul Debts, n'eft tenu & rimpoflible." Vattel, 1. 4. f. 51.— We l|iould with confidence A"- P'O" have referred the cafe to the arbiter propofcd by another jurift, who lays it down, that a party, f •« Non ultra obligari, quam in quantum facere poteft ', et an pollit, permittendum altcrius principis, qua boni viri arbitrio." Bynk. t. J. P. 1. s. c. 10, f. quid. That four of the ftatcs fhould refort, under fuch circumftanceg, to very fmall cmillions of paper- money, is nut wonderful : tliat all did not, proves their lirmnefs under fuiferancc, and that they were difpofed to b^ar whatever could be borne, rather than contravene, even by way of f -^uivalent, ftipulations which had been authoritatively entered into uy them. And even in the four ftates which emitted paper money, it was in fuch fmall fums, and fo fecured, as to fufTer only a fhort- lived, and nor great depreciation of v.ilue ; nor did they continue its quality as a tender, af.jr the firft paroxyfins of diftrefs were over. Here, too, it is to be obfer.od, tiiat natives were to recf.ive this fpecies of payment equally with Britifli fubje£ts. So that, when it is conftdered, that the other pai:y had broken the treaty from the beginning, and that too in points whi.ii Icftenec' .,ar ability to pay their debts, il was a proof of the moderation of oik i;ation, to make no other ufe of the opportunity of retaliation prcfeiucd to the 1, than to indulge the debtors with that time for iii: iuirging their (hlv* which their diftrcifes called for, and the interefts md v.:s reafon of their creditors approved. S. 38. It is to be obferved, that during all this time, Congrefs, who interpofi- aloue poflcffed the power of peace and war, of making treaties, and, confe- tionotCoa- quently, of declaring their infractions, had abftained ?^rom every public de- claration, and had confined itfclf to the refolution of May 26th, 1783, and to repeated efforts through their minifter plenipotentiary at the court of London, to lead that court into a compliance on their part, and reparation of the breach they had committed. But the other party now laid hold of thofe very proceedings of our ftatcs, which their previous infraftions had produced, as a ground for further rchnni, jnd inverting the natural order of caufe and effcft, alleged that thefe proceedings of ours were the caufes of the infraftions, which they had committed months and years before. Thus the Britilh minifter for fo? 'ign affairs, in his anfwcr of February ^ * If the ohfldcle bf real, time mitfl 6e given, for no one is bound to an impofflbility.' Vattel, 1. 4. f. 51. ■■"'■• ;''.'..• t * Ifo one is bound beyond what hi can do, and whether he can, may be I Uft to the decifion cf the otbir prince, as an honejl man.' Bynk. ». J. P. 111. c, 10. , ". .■ K »8th. gref». •^-, i ■ ? ( Debti. Interpoii- lion of Coil' {reft. N'j. jr. State aAi ol ■cfuief- cence. No. 32, ^'„ 34. s";* 36, 37. 38. 34» 40. No. 41,43, 43. 44- ( 46 ) iSth, 1786, to Mr. AHams* tncmorial, fays, " The engagements entered into by treaty ou,q;ht to be mutual, and equally binding on the refpeflive contra£lii:g parties. It would, therefore, be the height of folly, as well as injiirticc, ro fuppofc one party alone obliged to a ftrift obfervancc of the fnililic faith, while the other might remain free to deviate from its own cr(^:is;c'Ticnts, as often as convenience niiglit render fuch deviation neceflary, thovigh at the cxpcncc of its own national credit and importance. I flatter nivfelf, however, lir, that juftice will fpcedily be done to Britifli creditors ; anil I can affiire you, fir, that whenever America (hnll manifeft a real inten- tion 10 fulfil her part of the treaty, Great-Britain will not hcfitate to prove hci fmcenty to co-operate in wliatevtr points depend upon her, for carrying eviTv article of it into real and complete effecSt." Fa6ts will furnifli the bill commcmary on this letter. Let us purfuc them. The Secrttarv for Foieign Affii'.s of the United States, by order of Cont;rels, immediately wrote circular letters to the governors of the feveral !• it-s, diti J Miy 3d, 1786, [No. 31. j to obtain information, how far they hid complied with the proclamation of January 14th, 1784, and the re- loiiuncnclaiiun itcconipanying it; and April i 3, 1787, Congrels, defirous of removing cvirv pretext wlvch might continue to cloak the inexecution of the treaty, wrote a circular letter to the feveral rtatcs, in which, in order to inoduee more fu'elv the cffcft dcfired, they demonftrate, that Congrcf? «I(a!)liftiing provilions relative to the fame objtfts, and incompatible with it, muft be impiopcr: refolving, that allflich a6ts now cxirtiiig ought to le tortl.with repealed, as well to prevent their continuing to be regarded as violntinns of the treaty, as to avoid the dilii- greeable netcfiity of difcuHing their validity i recuminending, in order to obviitc \i' future difputes and queftions, that every ftate, as well tholV which had ^alfcd nofuch »f\s, as rhofe which had, fhould pafsan aO., re- pealing, in ^s and parts of ;'.£ls repugnant to the treaty; and encouraging them to do this, by informing them that they had the ftrong- efl alVurances, that an exa£t compliance Vvith the treaty, on our part, would be full nvcd by a punftual performance of it on the part of Great-Britain. S. 39. In confequcnce of thcfc letters, Ncw-Hampfhire, Maflachufetts Rhod.-iiland, Connetticut, New- York, Delaware, Maryland, Vir- ginia and North-Carolina, paflied the adls. No. 3s, 33, 34, 35, }&. )7i 38, 39, 40. Ncw-Jerfey and Pennfylvania declared that no law exifted with them, repugnant to the treaty [(ce Documents No. 41141,43.]— Georgia igements entered )n the refpe£live f folly, as well as ibfervance of the late from its own viation neceffary, irtancc. I flatter Jritifti creditors ; lifeft a real inten- hcfitate to prove I her, for carrying ; will furniflx the ites, by order of lors of the feveral ion, how far tliey 784, and the re- igrel's, dcfirous of he intxecution of which, in order to If, that Congrcf* :ding or counter* >n being conftitu- c lawof thcland. ;iflaturcs: that, in lative to the fame ring, that all fich II to prevent thci: to avoid the difa- nding, in order to ite, as well thole d pafs an a£l, re- laiit to the treaty; icy had the ftrong- n our party would )f Great-Britain, re, Maflfachufctt!!, Maryland, Vir- )> 34. 3S» 36, }7, hat no law exifted 0. 41,41,43.]— Georgi* cence. No. 40. Treatiei control laws* No. ao. ( 67 ) Georgia had no law exifting againft the treaty. — South-Carolina, indeed. Debt*, had a law exifting, which fubjcdkcd all pcrfons, foreign or native, [No. 44] State U\t of to certain modifications of recovery and payment. But the liberality of her conduct, on the other points, is a proof flic would have conformed in this alfo, had it appeared that the fuUcll conformity would have moved Great- Britain to compliance, and had an cxprefs repeal been really nccclfary. S. 40. For indeed all this was fupercrogation. It refultcd from the inftru ment of confederation among the ftatcs, that treaties m.ide by Congrcfs ac- cording t© the confederation, were i'uperior to the lawsof the ftatts. The circular letter of Congrcfs hud declared anddcmonftrated it, and the I'evcral ftates, by their a£ts and explanations before mentioned, had flicwn it to be their own fenfe, as wc may lafely afHnn it toh.wc been the general fcnfcof thofe, tt Icaft, who were of the profeffion of the law. Befidcs the proof of this, drawn from the aft of confederation itfelf, the declaration of Congrcfs and the afts of the ftates before mentioned, the fame principle will be found acknowledged in fcvcral of the documents hereto annexed for other pur- pofes. Thus, in Rhode-Ifland, governor Collins, in his letter, No. 20, fays, " The treaty, in all its abf>lutf parts, has been fully complied with, and to thofe parts that are merely wcovimemlalory., and depend upon the UgiJlatfJC difcretion, the mod candid attention hath been paid." Plainly implying, that the abfolute parts did not depend upon the legijlative dlfaetion. Mr. Channingthe attorney for the United States, in that ftatc, [No. ig.J fpeaking of an aA paCTed before the" treaty, fays, *• This aft was confidered by our courts as annulled by the treaty ofpeaee, and fubfequent to the ratifi- cation thereof no proceedings have been had thereon." The governor of Conncfticut, in his letter. No. 1 1, fiiys, •♦ The fixth article of the treaty was immediately obfcrvcd on receiving the fame with the proclamation of Congreft, the courts of jufticc adopted it as a principle of law. No further profccutions were inftitutcd againft any perfon who came within that ar- ticle, and all fuch profccutions, as were then pending, were difcontinued.*' Thus profccutions going on, under the law of the ftatc, were difcontinued, by the treaty operating as a repeal of the law. In Pennfylvania, Mr. Lewis, Attorney tor the United States, fays, in his letter, No. 60, '• The judges have uniformly and without htfitation, declared in favour of the treaty, on the ground of its being the ruprcmc law of the land. On this ground, they have not only difcharged attainted traitors from arrefts, but have frequently declared, that they were entitled by the treaty to protec- tion." The cafe of the Commonwealth v. Gordon, January 178R, D.iIIhs's Reports Z33, is a proof of this. In Maryl:md, in the cafe of Mildred v, Oorfey, cited in your letter E. 4. a law of the ftate, made during the war, had compelled thofe, who owed debts to Britidi fubjefts, to pay them into K X the No. 10, No. 1 1. No. 60. 1 " i' < ■ ) Ul Debti. Treaties control laws. No. 51. Ko. 45. 1 1 . ( " ) the treafury of that ftate. This had been done by Dorfey, before the date of the treaty ; yet the judges of the^aie general court decided, that the treaty not only repealed the law for the future, but for the paft alfo, and decreed, that the defendant (hould pay the money over again to the British creditor. In Virginia, Mr. Monroe, one of the fenators of that ftate in Congrefs, and a lawyer of eminence, tells us, No. 52, that both court and counfel there avowed the opinion, that the treaty would control any law of the (late oppofed to it. And the legiflature itfelf, in an a£l of 0£tober 1787,0.36, concerning monies carried into the public loan>ofHce, in payment of Brittfh debts, ufe thefe exprefTions. " And whereas it belongs not to the Icgiflature to decide particular quedions, of which the judiciary have cognizance, and it is, therefore, unfit for them to determine, whether the payments fo made into the loan-office, be good or void between the cre- ditor and debtor." In New- York, Mr. Harrifon, Attorney for the United States, in that di{lri£l, alTures us, No. 45, that the aft of 1782, of that ftate, relative todebts due toperfons within the enemy's lines, was, imme- diately after the treaty, reftrained fy thejtiperior courts oftbejiate, from operating on Britilh creditors, and that he did not know a Angle inftance to the contrary : a full proof, that they confidered the treaty as a law of the land paramount the law of their fiate. S. 41. The very cafe of Rutgers v. Waddington [E. 8.] which is a fubjeft of complaint in your letter, is a proof that the courts conllder the treaty as paramount the laws of the ftatcs. Some parts of your informa- tion, as to that cafe, have been inexaft. The ftate of New- York had, dur- ing the war, paffed an Aft [C. 16.] declaring that, in any a£lion by the proprietor of a houfe or tenement againft the occupant, for rent or damage, no miliury order (hould be a ju(\ification : And May 4th, 1754, after the refufal of the Britifh to deliver up the pofts in the ftate of New- York, that Icgiflature revived the fame Aft [C. 19]. Waddington, a Britilh fubjeft, had occupied a brewhoufe in New-York, belonging to Rutgers, an Ame- rican, while the Britifh were in poflTeflTion of New-York. During a part of the time, he had only permiHion from the quarter-mafter general j for another part, he had an order of the commanding officer, to authorize his polTtHion. After the evacuation of the city, Rutgers, under the authority of this law of the ilate, brought an aftion againft Waddington, for rent and damages, in the Mayor's c( art of New-York. Waddington pleaded t'ne treaty, and the court declared the treaty a juftification, in oppofition to the law of the ftaie, for that portion of the time authorized by the com- manding officer, his author! y being competent; and gave judgment for that part in favour of the defendant. But for the time he held the houfc under permilfion of the quarter-maftcr general only, they gave judgment againl^ efore the date ided, that the paft alfo, and I to the Britifh that ftate in 30th court and :rol any law of i&. of 0£tober loan-ofBce, in Teas it belongs \\ the judiciary mine, whether jtween the cre- for the United af 178a, of that es, was, imme- ftbfjiale^ from I fingle inftance :aty as a law of , 8.] which is a irts confider the f your informa- York had, dur- ation by the rent or damage, 17S4, after the cw- York, that Britjfli fubjcft, tgers, an Amc- During a part :er general i for authorize his r the authority ington, for rent ington pleaded in oppofition to d by the com- e judgment for held the houfe [g-ave judgment againi\ ( «9 ) ■gainft the defendant, confidenng the pcrmifllon of that officer as incompe- Debt*. tent, according to the regulations of the exifting powers. From this part controlUwi* of tlie judgment, the aid; if he flmll not bavf exaSed it, peace being made, the fc'tner right of the crrd' .: revives — Ac- cordingly it is for the tnojl part agreed among nations, that things in aSioM. king cwififcated in war, the peace being made, thofe which were paid are deemed to have perijbed, and remain extinB j but thofe not paid, revive,. and are rejlaredto their true creditors. Bynk. Q^J. P. 1. i. c. 7. Uaited Na. 4S. « Vi \ I , \i ( It ) Debit. United States, in Virginia, at their laft term, between Jonei, a Britifli fub- viatUcated. i^' Plaintiff, and Walker, an American, defendant ; wherein the quedioti was the fame as in the cafe of Mildred and Dorfejr, to wit : Whether a payment into the trcafury, during the war, under a law of the State, dif- chargcd the debtor ? One of the judges retiring from court, in the midft •f the argument, on the accident of the death of an only fon, and the cafe being priiiix' imprclficnis in that court, it was adjounicd for conAderation till the cnfuing term. Had the two remaining judges felt no motive, but ofpredilcrtitm to OIK of the parties, had they confidered only to which party thfir wifl\cs were propitious or unpiopitious, they poflibly might have decided that t[ue(lion on the fpot. But learued enough in their fcicncc, tc (zc diffirultits which efcapc others, and hsving characters and confcienccs to fati^fy, they followed the example fo habitually and fo laudably let by the courts of your country, and of every country where law, niid not fpvoMr, i? the rule of decifion, of taking time to conHder. Time and confulcntion are favourable to the right caufe — precipitation to the wrong one. S. 4f). You fay iipain, p. 29, " The few attempts to recover Britifli debts, in the ct»unty courts of Virginia, have wuverfatly failed, and thefe arc the courts wherein, from the fmallnefs of the fum, a confiderable number of debts can only be recovered." And again, p. 34, «« In the fame ftate, the county courts (which alone can take cognizance of debts of limited amount) have u-uformly ratiinl all fuits inftituted for the recovery of fum.s due to the fulijet'.ls of the crown of Great Britain." In the firft place, the county courts, till of Ijtc, have had exc'iufi\T jurifdiftion only cf fums below ^". 10, ami it is known, that a very inconfidcrable propor- tion of the Britiih debts confii^s in demands below that fum. A late law, we are told, ntpilros, that n£liL,i'.s below /^. 30 fiiall be commenced in thofe courts ; but allows, at the fame time, an appeal to correft any errors into vhich tbey may f H. In the 2d place, the evidence of gentlemen No. J*»53» who are in the way ot knowing the fac'l [No. 52, 53,] is, that though there have been accidental checks in fomcof the fuboidinate courts, arifmg from the chicanery of the debtors, and fomctimcs, perhaps, a moment of error in the court iifelf, yet thefc particular inftances have been immedi- ately reflified, either ii\ the fame f)r the fujxirior court, while the great mafs of fuits for the recovery of fums due to the fubjefts of the crown of Great Britain have been uniformly fuftaincd to judgment and execution. S. 47. A much broader ulTertion is hazarded, page 19. <* In forae of the fuuthcrn States, there does not exift a finglc indance of the recoveiy of a Britifl) debt in their couRs, though many years have expired fince the cftablifluncnt of peace between the two countries." The particular States tre enq4 foutl the in t)| prov coui hav( equ^ and I net, a Britifli Tub. lerein the queftiob wit: Whether a of the State, dif- 'urt, in the midft Ton, and the cafe I for confideration It no motive, but d only to which sy poffibly might enough in tlieir ig charafters and abitually and fo y country where ime to condder. -precipitation to recover Britifh failed, and thefe , a confiderablc p. 34» " In the ance of debts of "or the recovery " In the firft rifdiftion only Icrable propor- A late law, commenced in reft any error* of gentlemen s, tliat though courts, arifing a moment of been immedi- hile the great • the crown of d execution. " In forae of the recovery ired fince the ticular States art C 7J I tre not fpccified. 1 hare, therefore, thought it my en to them there as elfewherc. As to the modi- fications of the execution heretofore made by the State law, having been the fame for foreigner and citizen, a court would decide whether the treaty is fatisfied by this equal meafure j and if the Britifli creditor is privileged by that againfteven the fame modifications to which citizens and foreigners of all other nations were equally fubjefted, then the law impofing them Was a mere nullity. In Georgia, tlie letter of the fenators and reprefentatives in congrefs, No. ;6, aflures us, that though they do not know of any recovery of a Britifli debt in their State, neither do they know of a denial to recover fihce the ratification of the treaty, the creditors having moftly preferred amicable fettlement ; and that the Feder;«l Court is open and unobftru£ted h to Tkltu Judicature! vindicated. No. 49, 50, 5'' No. 5», 53. No. 54. No. 55. No. 56* i i 'li Ceorgia Gu. ( 74 ) f idicatures *° Britifli creditors there, as in any other of the United States ; and this it vindictkd. further provctl by the late recovery of Brailsford and others before cited. S. 48. You lay more particularly of that ftatc, page 15. •' It is to be lamented, that in a more diftant ftate (Georgia)it was a received prin- ciilc, inculcated by an opinion of the higheft judicial authority tlicre, that as no Icgiflative aft of the ftate exifted, confirming the treaty of peace with Great-Britain, warftill continued between the two countries; a prin- ciple ivhicb may perhaps flill continue in that flate. No jud^c, no cafe, no time, is named. Imputations on the judiciary of a country are too feri- ous to be ncglcfted. I have thought it my duty therefore to fparc no en- deavours to find on what faft thi)> cenfure was meant to be affixed. I have found that judge Walton of Georgia, in the fummer of 1783, the defini- tive treaty not yet figncil in Europe, much lefs known and ratified here, fei afide a writ in the cafe of Thompfon a Britifli fubje£l "j. Thompfon, alfigning for reafons, ift. " That there was no law authorifing a fubjeft of England to fue a citizen of tliat ftate ; id. That the war had not been de- finitinjely concluded ; or 3d. if concluded, the treaty not knoiui to, or raiifud Ij, the legiflature, nor 4th. was it in any manner afcertaincd hov/thofe debts were to be liquidated.'' With refpeft to the laft reafon, it was generally cx- petted that fome more fpecific arrangements, as to the manner of liquida- ting, and limes of paying Britifli debts, would have been fcttlcl in the defi- nitive treaty. Mo. 58, fliews tha: fuch arrangements were under contempla- tion. And the judge feems to have been of opinion, that it was nccelTary the treaty (hould be dtfiKtiively concUidtd, before it could become a law of the land, \'-y as to cliange the leg^il charafter of an alien enemy, wb.o cai:- not maintain an aftion, into that of an alien friend, who may. Without entering into the qucftian, whetlier between the provifional and defini- tive treaties, a fubjtdl of either party could maintain an aftion in the courts of the other (a qucftion of no confcquencc, confidering how fliort the in- terval »va5, and this, probably, the only aftion ctTayed), we muft admit- that if the ju^lge was rit^lit in hii opinion, that a f/i;;^«///'x' ixcd. I have 3, the ilefini- ratificd here, . Thompfon, \ a fubjc£t of not been dt' iOf or ratified v.thofe cl«bts generally ex- r of liquida* 1 in the dcfi- r contcmpla- vas ncceflTary jmc a law of y, who cai;- Without and dcdni- n the courts lort the in- muft admit- conclufiun d be made ft^'tc, and di of Eng- ftlie fame at they are charge to >ts whether lar between lotlce alfoy to, tcrferencc. ( 75 ) t» wit, where, after faying not a finglc inftancc cxifts of the recovery of DeStii^ S Britifli debt, it is added, " though many years have expired fince the q""^^' eilablifhment of peace between the two countries." It is evident from the preceding teftitnony, that many fuits have been brought, and with ef- feft : yet it has often been matter of furpiife that more were not brought, and earlier, fince it is moft certain that tlic courts would have fuftaincd their a£tionj, and given them judivments. Tills abftint-i.ce on the part of the creditors has excited a fufpicidn that they wirtjcd ratlicr to recur to the treafury of their own country ; and to have colour for this, they would have it believed that tlurc were obftiuftions here to tl>e bringing their fuits. Their teftimony is in faft the folc, to which your court till now has given accefs. Had the opportunity now prcfented been gl.cr. -jf fboner, they (hould fomcr have known that the courts of the United States, whenever the creditors \vnuUI chufe that rccourfo, and would prcfs, if neccffary, to the highcft nilninali, wouM he found as open to their luits, and as impartial to their fubicvas not intended, which fecms to refult from thefe expreflions. S. roceeding8 ii| icature, where this quali&cao [Qioiftration of quaiiiication» ar, on the afr equally pure. iroceedings of 'iew, and are, nnations have ke expirations e. The State rs, to recover 1 previous to % the cafe of ritiih fubje^, ;,ooo fterltng i|d, receiving C 77 ) ^. it,teo ia partpttjrtnent, is not enuded to maintain an aftlon for the Recrimiu- ftalance in a court of Great- Britain, diough his debtor is found there, is in *!^ *" *'** Ctfll COUftla cuftody of the court, and acknowledges the hfk%. Thefe cafes appear ftr«ng to us. If your judges have done wrong in them, we expert rcdrefs: if right, we expert explanations. 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 froallcr matters between the two nations, which, in^piy letter of Dec. 15, I had the honour to intimate, that it would be better to refer for fettlemcnt through the ordinary channel of f)ur minifters, than embarrafs the prefcnt important difcuilions with tiiem. Such cafes will be conftantly produced by a colliiion of inrerefts in the dealings of indivi- duals, and will be eafily adjutted by a readinefs to do right on both fides, regardlefs of party. S. 53. It is made an objection to the proceedings of our legiflative and ULInteteft. judiciary bodies, that they have refiifed to uliow intereft to run on debts during the courfe uf the war. The decifion cf ihe ri^ht to this, refts with the judiciary alone ; neither the legiilative nor tlie executive having any authority to intermeddle. The adminiftration of juftice is a branch of the fovcreignty over a country, and belongs exclufively to the nation inhabiting it. No foreign power can pretend tu participate iu their jurifdi6lion, or tliat their citizens received there arc not fubje£t to it. When a caufe has been adjudged according to the rules and forms of the country, its juftice ought to be prcfumed. Even error in the highcft court which has been provided at the laft means of corrc6ting the errors of others, and whofe decrees are therefore fubjed to no further rcvifal, is one of thofe inconveniences flowing from the imperfection of our faculties, to which every fociety muft fubmit ; becaufe there muft be fumewhere a laft refort, wherein con- teftations may end. Multiply bodies of revifal as you pleafe, their num- ber muft ftill be finite, and they muft Bnifh in the hands of fallible men as judges. If the error be evident, palpable, ' et in re minime dubi^, it then indeed aiTumcs another form ; it excites prefumption that it was not mere error, but premeditated wrong ; and the foreigner, as well as native, fuffering by the wrong, may reafonably complain, as for a wrong com- mitted in any other way. In fuch cafe, there being no redrefs in the ordinary forms of the country, a foreign prince may iiften to complaint from his fubjeAs injured by the adjudication ; may enquire into its prin- ciples, to prove their criminality ; and, according to the magnitude of the wrong, take his meafures of redrefs by reprifal, or by a rcfu&l of right 4 I '* Ina matter fuf{.rptil>l4 •fno 4ouk, •n Debts. Intered. ( 7« ) on hli part. If the denial of intercft, in our cafe, be juftified by Ia\v', m* evoii if it be againft law, but not in thit groft, evident, and palpable degree which proves it to flow from t^e wickcdnefs of the heart, and not error of the held in the judges, then is it no ciiufe for juft compliaint, much lef* for a rcfufal of right, or fclf-rcdrcfs in any other way. The rcafons on which the denial of intcrell is grounded (hail Ijc dated fummarily, yet fufficiently to jiiftify the integrity of the judge, and even to induce a pre- fiimption that tlicy might be extended to that of his fcicntc alfo, were that material to the iirefcnt obje^. S. 54. The treaty is slic text of the law in the prcfent cafe, and its words arc, that there fhail be no lawful impediment to the recovery of bonA fide debts. Nothing is faid of inlvrrf, o\\ thofe debts: and the fole queftion is, whether, where a (^ebi is given, /;//('>// thereon flows from the general principles of the law ? Intcieft is not a part of the debt, but Ibmething added to the debt by v ay c^f damage for the detention of it. This is the definition of the Englifh lawyers themfelves, who fay, '* In- •ereft is recovered by \\^\ oi damages,'' ratione dctentionis debiti." z Salk. 6ii, 623. Formerly all interell was confidcrcd as unlawful in every country of Europe : it is ftill fo in Uoman catholic countries, and coun- tries little commercial. From this, as a general rule, a few fpecial cafes are excepted. In France, particularly, tlie exceptions are thofe of minors, marriage pornons, and money the price of lands. 80 thonuighly do their \z\v\ condemn the allowance of intereft, that a party who has paid it Voluntarily, may recover it back ag :;in whenever he pleafcs. Yet this has rercr been taken up as a grofs and flaiTant denial of jufticc, authorifing national complaint a-;,inft thofe governments. In England alfo, all intereft was againft law, till the Stat. 37 IT. S. c. 9. the growing fpiiit of com- merce, no longer rcftrruncd by the iiineijles of the Roman church, then firft began to tolerate it. The fame caufes produced the fame efieft in Holland, and, perhaps, in fome ether commercial and acatholic countries. But cTen in England"the allowance of intereft is not given by exprffs laii', but refts on the difn-fdon of judges and juries, as the arbiters of damages. Sometimes the judge has enlarged the intereft to 20 per cent, per annum. ( I Chanc. Rep. 57.) In other cafes he fixes it habitually one percent, lower than the legal rate (2 Te. Atk. ,4,) ; and in a multitude of cafes >e refufes it altogether. As for inftancc, no intereft is allowed, J. On- arrears of rents, profits, or annuities ( i Chan. Rep. 184. 2 P.W. 163. Ca. temp. Talbot 2.). ». For maintenance. Vin. Abr. Intereft. c. 10. * On account of the deientlon of the debt. For 3* 4* 6. Fl 7- S. 9 01 10. ol 11. oj 1:. Or And fo form circuinfti " That t -iud that t'le adioi iiffcrcut : * cafes of And the ( iic bur ar ^vliich do 1 r-'ft of th( words, wh .'t[(>hii m t"Vcni the !vc it froi acco: H\ didai wt know !iit there Very title umftance! pply to it ntercft, c ^\'here, \ 'iiich arc '^ time of tL.r juftified by laW, t and palpable degree Tt, and not error of implaint, much lef» '. The reafons on ited fummarily, yet ;cn lo induce a prc- cntc alfo, were that ircfcnt cafe, and in It to the recovery of debts : and the folf :rcon flows from the rt of the debt, but the detention of it. 'es, who fay, " In- onis debiti." i Salk. unlawful in every countries, and covin- , a few fpecial cafes s are thofc of minors, thoroughly do their ty who has paid it lileafcs. Yet this has juflicc, authorifing land alfo, all intercft iving fpiiit of com- >oman church, then the fame cfTeft in acatholic countries, ivcn by ex/>rffs la-l; rbiters of damages. ;r cent, per annum. itually one per cent, multitude of cafes allowed, Rep. 184. iP.W. ( 7» ) 3. For moniei tdvanccd by Ex'ri. a Abr. Eq. 53 1. 1 j. 4. For goods fold and delivered. 3 Wilfon, so6. On buok-debts, open accounts, urfimplc cuntrn^s. j Chan. Rep. 64. Frcem. Ch. Rep. 133. Dougl. 376. 6. Fur money lent without a note. 2 Stra. 910. 7. On an inland bill of exchange, if no protcil is taken, i Stra. 910. 5. On A bond after 20 years, a Vtrn. 458. or after a tender. 9. On a dccreein ccrtiiincafcs. Freeni. Ch. Rep. 181. 10. On judgments in certain cafes, as battery and flandcr. Freem. Ch. Rep. 37. 11. On any decrees or judgments in certain courts, as the exchequer chamber. Douglafs, 753. 1:. On cofts. 2 Abr. Eq. 530. 7. And we may add, once for all, that there is no inRrumcntor titli to debt Ifo formal and facrcd as 10 give a rijjit to inttreft on it under all polTible circuaillanccs. The words of I.orJAIansricKl, Uoiigt. 7^3, where he fays "That the queAion was what was to bi. the lulc foraireiliug the damage, uud that, in thib cafe, t\\t iuKuJl ^nv^ii.t'M x\\it nitutfurc of the diima^e, |ti\e aflioa being for a ilelty lau in ■\ cal'c of another fort the rule might be Uiffcrait : his words, Doui;!. 37b. ' That intcrcll might be payable in ['cafes of delay, if a jury, /'/ /M' «/'/>' j tiling, nor in the term; thac I'.vorus, which pal's tlicdebt, do not give inrercft iicceirarJly ; that the intercft lianeci — will take the legal intercft rt!ie ineafurc of their damages, or more or kli, as they think right — will L'vc it from the date of the eontracit, orf:oma yeir after— or deny it altogi.- pLr, according as the fault or the lutTtringi of tiie one or the other party hall didtate. Our laws are, generally, an adoption of yours : end I do bot know that any of the States h-ivc thiiigcd them in this particul.ii . Rut there is one rule of your and our lav/, which, while it proves that kvory title of debt is liable to a difallowante of intcreft under fpecial cir- lumftances, is i'o applicable to our cafj, that I fliall cite it as a text, and Bply to it the circumftanccs of our cafe. It is laid down in Vin. Abr» Intcreft, c. 7. and » Abr. Eq. 529>, and clfewherc, in thefe words: '.Vhere, by a general and national calamity , nothin;; is made out of lands raich arc afiigncd for payment of intereft, it ought not to run on during ' lime effucb calamitj.' This is exafily the cafe in qucftion. Can a wore Inu...'^. ,.: ii I. For \ i ( to AaliKft. more general nathHot calamity be conceived than that umi^erra] devaflatlon which took place, in many of thefe States, during the war > Was it ever more esaftly the caf* any where, that nothing was made out of the lands wbkb ivere to pay the Inter efif The produce of thofe lands, for want of the opportunity of exporting it fafely,was down to almoft nothing in real money, e. g. Tobncco was lefs than a do!l;ir the hundred wei^t. Imported articles of clothing or confumption were from 4 to 8 times iheir ufual price. A bufliel of fait was ufualiy fold for loolb. of tobacco. At ' the fame time thefe lands, and other property, in which the money of the Bririih crcdifors wis vcftcd, were paying high taxes for their own protec- tion ; and the dtbtor, as nominal holder, ftood ultimate infurer of their taluc to the creditor, who was the real proprietenr, becaufe they were bought with his money. And who will eftimatc the Talu« of this infurancc, or fay what would have been the forfeit, in a contraiy event of the war ? Who will fay tiint the rift of the property was not worth the intercft of its price ' Generul cnlaniity then pre\'ctlted profit, and confe* qucntly (topped inttrcft, which is in lieu of pipfir. The creditor Ay»» indeed, he has laid etit of his money ; he has therefore loff the ufeTdf \u The debtor '■cplic^, that if tlie credimr has loft,/ fte has not gained it: that this may be a queftion bcr^vccn two parties, both of whom have loft. In that cafe the couns will not double the lofs of the one, tti fav< all lofs from th«; other. Tli.it it is a rule of natural, as well ai'-numcipal law, that, in qut-ftionti dc damno tvitando mclior eft conditio poflidentis. If this maxim be juft where enth party is equally innocent, how much/| more fo where the lofs has liecn produced by the a6l of the creditor ? For a nation, as a fociety, forms a moral perfon, and every member of it is pcrfonally refjionfiblt: for Iiis fociety. It was the aft of the lender, or of tits nation, which annihilated the profits of the money lent ; he cannot then demand proiits which he cither prevented from coming into exiftcnce, or burnt or othcrwife dcftroyed after they were produced. If then there be no inflroment or title of debt fo formal and facred a) to give rif^t to intercft under alt poiniili- circumftanccs, and if cir- cumOanccs of excmjition, ftrongcr than in the prcfent cafe, cannot poffibly be found, then no inftrumcnt or title of debt, however formal or facred, can give right to intcreft under the circumflances of our cafe.'— Let us prefcnr the qucdion in another point of view. Your own law forbade fhc payment of inter .-ft wl.cn it forbade the receipt of American produce into Great-Britain, and made that produce fair prize on itt Way from the debtor to the creditor, or to any other foe his ufe and reim- burfement. All pcrfonal accefs between creditor and debtor whs naih j illegal ; and the debtor who endeavoured to make a mnltment of hiidebi» I ( U ) •r intereft, fttuft have dene it three times, to mfwcr its getting on • to Interet. hind : for two out of three vtffcis were generally taken by the creditor nati«n, and fometime* by the creditor hiinfeif, a-j many of them turned their tiading veiTels into privateers. Where no place has been agrecil on for the payment of a debt, the Idws of England oblige tbe debtor to feck his creditor whevefoevcr be is to be found wlibin the iralm. Coke Lit. no. b. but do not V^ind him to go rut of the realm in fearch of him. This is our law Xoo. The fnft a£l, generally, of the creditors and tlicir agents here, was to withdraw from the United Stares with their books and papers. The creditor thus withdrawing from his debtor, fo as to render payment impoliible. either of the principal or inteirft, makes it like the comnK)n cafe of a tender and refufal of money, after which in- tereft (lops both by your laws and ours. \W (cl too from the Itticr of Mr. Adams, June 16, 1786, No. 57, that tte IJritifh Secretary for fo- N«. «». reign aflfairs was fcnftble, that a Bri:ilh (laiute having rendered criminal all intercourie between tbe debtor and creditor, had placed the artici'; of jnterefton a ditfcrent footing from the principal. And the letter of our 'Plenipotentiaries to Mr. Hartley, the Kririlh Plenipotentiary for form- ing the definitive treaty, No. 58, Ihcws that the omilhon t>) exprcfs interrfl n«, 58. in the treaty was not merely an ovcrfight of the parties ; that its allow- '•vnipe was confidered by our pleni|K)tentiaries as a thing not to be intended lift ,the''treaty, was declared againit by Congreis, and that declaration com- ■tnunicatcd to Mr. Hartley. After I'uch an explanation, the omiilion is .» ptOof of acquicfcencc, and an intention not to claim it. It appears then, that tlie debt^ and intereft 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, interell is refuiltl in all caics ; in «)thers, given w refu&d, diminidied or au^/mentcd, at rlic uifcrLrion of tlu judge; no wliere given in all cafes indifcriminitclv , and mnreq'jcntly no where fo incorporated with the r/c/w, as to pafs with ilutt lx vi termini, or otherwife to be confidered as a determinate anil veftat tliiin;. While the taking ititncft on pvir.v luis thtis been confidered in fomc c«)Untries as morally v. rung in ull cJis, in others made legally rii;!it l.ut in particular cafes, the taking /■»V/;«/ic/"/ Uvuiu <>r rents in lieu of proiits, has been allowed every where, .cul at all times, hovh in morality and law. Hence it is laid elown as a general ruL, Wolf, 1. 219 : ' * Si i[iiis fundum alienum pcHielct, domini ell quantum \Aci ufus fundi, et polVeirori^ (piaii- tum valet ejus cultura ct cura.' But even in the eile of lands relloied by ♦ ' If nny ont is in fifJ/rj/iJ" of.i ;rj(c conccffion, but nov back.* accrued .^i nlcf» they Vr lendi quoqvxe Jronus, « Cui concfffionn : to intereft on g it more ad- we have fcen, to reftorc the ution of dcbti ed on the dif- un during the n fufficient, at ht, which can (Its againft the intereft before r. Thus wc in New-York, ntereft during ay, the aft re- ed within the t left it to their ults of equity, ifflin'sexccu- Mr. Rawle, It" Mr. Lewis, jin Pcnnfylva- was within :hey ga^'c in- in the covirts jcmbrr, i7i>4, rmination of trtary as in- ft during tlio ;;,!: dirc^ing might have li are a/ft to ie \rofiti are tmi* ciccrucd < 83 > ■ccrued between April 19, i775» and January ao, 1783. But in 1787, Intereft, when there was a general compliance enaftcd through all the United States, in order to fee if that would produce a counter-compliance, their legiflature paiTed the aft repealing all laws repugnant to the treaty, No. 33 ; and their No, jj, courts, on their part, changed their rule relative to intereft during the war, which they have uniformly allowed fmce that time. The circuit court of the United States, at their feflions at in 1790, determined in like manner that intereft fhould be allowed during the war. So that on the whole, we fee that, in one ftate, intereft during the war is given in every cal'e, in another it is given wherever the creditor, or any agent for him, remained in the country, fo as to be acceifiblc ; in the others, it is left to the courts and juries to decide according to their difcrction and the circumftanccs of the cafe. TO RECAPITULATE. S. 56. I have, by way of vreliminarT, placed out of the pvcfcnt dif- cuflion, all afts and proceedings rRloE. to the treaty of peace, oonfidering them as fettled by that inftrumcnt, and tliat the then ftate of THINGS was adopted by the parties, With fuch alterations only as that inftrumcnt provided. 1 have then taken up the svBSEqvENT acts and proceedings, of which you complain as infraftions, diftributing them according to their fubjcfts, to wit : I. Exile and Confiscations. II. Debts. III. Interest. I. Exile and CoNriscATioNS. After premifmg, thatthcfc are Uwful afts of war, 1 have /hewn that the 5th article was recommenda- tory only, its ftipulations being, not to rfjiore the confilcations and exiles, but to rccommoid to the ftate legiflatures to reftorc them. That this word, having but one meaning, eftabli(hcs the intent of the parties ; and moreover, that it v/as particularly explained by the American ntgociators, that the Icgillaturcs would be free to comply with the recommendation or not, and probably would not comply. That the Britilh lugoeiators fo underftood it : That the Britilh minijhy fo underftood it : And the members of both houfes oi parliament y as well thofe who ap- proved, as who difapprovcd, the article. I have ftiewn, that Congrefs did recommend carneftly and bona fide ; Th^t the States rcfufcd or complied, in a greater or lefs degree, atcord- M 5 ing ( 84 ) ing to circumftancci, but more of them, and in a greater degree, thn was expefted. And that compcnfation, by the Britilh treafury, to Britifli fufferers, waa the alternative of her own choice, our negociators having offered to do that, if flic would compenfatc fuch loffes as we had fuftained by afls unauthorifed by the modem and moderate principles of war. ! :(' II. Before entering on the fubjeft of DEBTS, it was neccffary I. To review the Britifli infractions, and refer them to their exaft dates. To flicw, that the carrying away of the negroes preceded the 6th of May, 1783. That inft<;ad of evacuating the ?ipi>er pofls "zuith all convenient jpetdy nm Didcr had been received for ikc c/acuation, Aug. 13, 1783. None had been received May 10, 1784. None bid been received July 13, i7!>4. i^rom whence I conclude none had ever been given, \ And thcnc'j, that none had ever been intended. In the latter cafe, this infraction would date from the fignaturc of tlif trcatv. But founding it on the tiot giving the order ivitb convenient Jj'tfd, it dates from April, 17! 3, when the order lor evacuating New York was given, as there can be no rcafon why it IhouUl have beca inconvenient to give this order as early, 'liic Infraction then, reipeding the upper PosTi, was before tlu: treaty was known in America. Tti.it reipci'tir.g the negroes, was as fonn as it was known. . >a.eobrervcH, that the!'* nfraftions were highly injurious. 1 ..e hrlt, by depriving us of our FUR trade, profitable in itfelf, and TaluabL' as a means of remittance for paying the debts ; by intercept- ing our friendly and neiglibourly intercourfc with the Indian nations, *nd conllquently keeping us in conftant, expenfive, and barbarous war with them. The fccoml, by withdrawing the cultivators of the foil, the produce of which was to pay the debts. 3. After hxing the date of the Britifh Infraftions, I ha"e Ihcwn, That as they preceded, fo they produced, the Afts on our part compiaincA of, as obftacles to the recovery of the debts : That when one party breaks any ftipulation of a treaty, the other is free to break it alfo, either in the whole, or in equivalent parts, at its pleafurc. That Congrcfs liaving made no cle£tioni, 7ouY degree, thm fufferers, yn» ng offeFcd to 1 fuftainedby Es of war. ry to their exaft ed the 6th of 1783. I Ignaturc of thr vitb convenient yacuating New )ulil have bee* w as before tlie •n. ous. le in itfclf, and i ; by intercept- Indian nations, and barbarous the produce of e (hewn, part complaincA y, the other is valent parts, at 7ovi ( «S ) Four of the States aiTumed, feparately, to modify the recorery of debti. I. By indulging their citizens with longer and more praflicable time* of payment. a. By liberating their bodies from execution, on their delivering pro- perty to the creditor, to the full amount of his demand, on a fair ap- praifement, as praftifed always under the elegit. 3. By admitting, during the iirft moments of the non-cxiftence of coin among us, a difchargc of executions, by payment in paper money. That the fiift of tlicfc A£ts of retaliation was in Dec. 1783, nine months after the infraftions committed by the other party. And all of them were fo moderate, of fo fhort duration, the refult of fuch neccfiities, and fo produced, tliat we might, with confidence, have referred them alterius principis, qua boni viri, ni l/itrio. 3. That induced, at length, by aflaranccs from the iiritiOi court, that they would concur in a fulfilment of the treaty, Congrefs, in 17S7, declared to the States, its will, tint efcn the ap- pearance of obllaclc, railed by their AAs, (hould no longer continue, And required a formal repeal of every A6t of that nature ; and to avoid queftion, required ii, as well from thoft; who had nor, as from thofe who had p;ilTed I'ucli Arts ; which w,is conijiii1.1l with lb fully, t; t no fuch laws remained in any State of the Union, except one ; And even that one could not have forborne, if any fymptom of com- pliar.ce from the oppofitc party had rendered a reiterated requifitioii troni Congrefs inipurtaiit. 4. That, indeed, the requiring fiu h a repeal, w-.i qnly f take away pretext : For tliat it was at all timci [,ctk.-t!/ I'ndcrlt'oJ, t.'i.-,t TREatils CON- ThoLLEU the !:ivvsof riic Stares. The confederation having made the.v. nbliijUory on tl-.e wIkiIj; Conk^rcfs hiiving iij declared ;'nd dcmouih-ateJ tlicn^. : The ic^idatuics and executiv.;, of moft of t'.e Stat;;* h.ving admit- ted it : And the judiciaries, both of the ftparatc and general governments, fo deciding. That the couas arc open every where, upon this principle : That the Britifl) creditors have, for Ibme time, been in the habit and courfe of recovering their debts at law. That the clafs of fepnrate and unlettled debts contrafted before the war, forms now biit a final' proportion of the original amoimt. That the integrity and independence of the courts of juftice, in the United States, arc liable to no reproach. '; fy^ ■■M m ( « ) Nor have popular tumults furnilhcd any ground for fuegefting, that either courts or creditors are overawed by tljcm in their pr .ceodings. III. ProcF-lding to the ARTICLE of INTEREST, I havc obfcrved, That the dccifion, whether it fliall or ftiall not be allowed diving the war, refts, by our ronftitution, with the courts aliogc.her. Thatifthcfe have: generally decided againft the allowance, the reafons ©f their dccifion appear fo weighty, as to clear them front) the charge of that palpable degree of wrong, which may amhonfe national com- plaint, or give a right of rcfufin^ execution of the treaty, by way of reprifal. To vindicate them, I have ftatcd Ihortly, foiuc of the rcafons which fupport their opinion. That Interest during the war was not exprefsly given by the treaty : That the revival of Dt r.TS did not ex vi termini give intercft on them : That intercft is not a part of the debt, but damages for the detention of the debt : That it is dilbllowcd habitually in moll countries : Yet has never been deemed a jjround of national complaint againft them : That in England alio, it wai formerly unlawful in all cafes : That at this dnv ir is denied thcve, in fuch a variety of inftanccs, as to proteft from it a great part of the tranfaiSlions of life : That, in fatt, there is n;)r a lingle title ti) debt, fo formal and facrcd, as to give a right to in iLr'i.br, under all pofhbic circumftances, either there or here. That of thefc circumflanccs, iuJgcs and jurors arc to decide, //; tkfir dif- crcti'jtu and a.c acc'-rduii^'y in the habit of augmenting, diminifliing, or refufing intoreft, in every cafe, according to their dil'cretion ; That the circu\iaianc».s aj^,>intt the allowance arc unqueftionably of tl • ftror.gcft in our (lu'e : . .if That a j!>v2.' nation.'! sMav!!:;- rendering the lands unproduflive wjiicli were to pay the inrcrcll, has been adjudged u fuflieient caufe, of itfelf, to fufpenJ intercft : Thit were b'>th nl.iintifFaiui defendant equally innocent of that caufc, The quehion. Who fliould avoid lofi ? would be in favour of the part/ in pofiefiion : /ind 1 fortiori in his favour, wlicrc the calamity was produced by the aft of the demandant : That, moreover, the laws of the party creditor had c ■ off the pcrfonal acccfs of his debtor : And ere And INI That the The That ohj That toil that otht That profi preli ejr pr ,cee ( 81 ) r&ncet received from you of his Britannic MajeftyV dcfire to remote crcry occafion of mifundcrfianding from between us, that an end will now i'c put to the difquicting fituation of the two countries, by as complete execution of the treaty dr ^rckl.nftances render practicable at this late day : Thut it is to be done fo late has been the fource of heavy loiTes of bluodand treafure to the United States. Still our dcfire of friendly accom- modation is, and has been conftunt. No * lawful impediment has been rppofcd to the profecutiou of the juft rights of your citizens.' And if any inftances of unluivful impediment have cxiftcd in any of the inferior tribunals, tliey would, like other unlawful proceedings, have been over- ruled on an iippeal to the higher courts. If not over-ruled there, a complaint to the ^ovcrnnitiit would have been regular, and their inter- ftrcncc probably eff.ftral. If your citizens would not profecute their rights, it was iinpoihblc they Hiould recover them, or be denied recovery; and till a denial of right tiirough all the tribunals, there is no ground for complaint, much lets for a rcfufal to comply with folemn ftipulations, the execution of which is too important to us ever to be difpenfed with. Thefc difficulrics being removed from between the two nations, I am perfuaded the intcrefts of both will be found in the ftri£left friendlhip, The confiderations which lead to it arc too numerous and forcible to fail of their cffcft ; and that they may be permitted to have their full cffeft, no one wifhcs more fincerely, than he, who has the honour to be, widi cntimcnts of the moft perfedl eftecm and rcfpcft, ■ ■^ ' , ■ . Sir, Your moft obedient and moft humble fervant, TH. JEFFERSON PhilADELPHTA, Mny 29, 179Z. y- A. 1. S 2 ^ A.20. h 2. B.j. ^.T. C. 14. (f 10. D14. ^ 31 *. s 1 21. ^ 2 0. S ". 15- ^ 2. 16. »5- h 14 16, ^ 2 3. s z. 2;. h ^ T, §.0. 16. ^ 2.41. 4- S f* 2.1. h >> 8. ^ 10. 17-^ 2. 17- S 33 ^ s 19. 24. \ ^ 9- S '4. 18 % 2. i«. 4 3? 19. ^ 34 6. S 2 ->• : ^ I '. *) J4. 19. S 4*' I- ^ 2. 2'i. ^ 2, C I. h'^. D. 1. ^ a. 20. ^ jr 2. '■J- S .. 1 ', -'■ 2. ^ «. 2r. «> 31 n- S 2. 28. r z. 3- ■i '0- 3- ^ 2. 22. § 3' >o. <) •s 29. r :. 4- ',.8. 4 h .-'.. F.. i. ^ 55 »r. ^ 2. 30. ') :. lo. 5- W3- s. s 30- a- ^ S5 I*. *; 2. .<•• S I i. 6. S f.v 6. ^ 2. 3- h 55 '3- S 2. r- 'i 2. 4 ' ^ ■'■ 7- k 3«. 4- ^ 4^' I4. ^ 2. V- f. X. ■> 8- 8. », js. sS 2 15. \ 2 -■\- ^ •• . 9- *) "• 9- h 55- 6. ^ 30- 16. \ 2 •> 1 . 1 21. ic. S 2- .C. ^ 2. 7. ^ 30 *r. \ 4 1 ■-. I r. ' 10. II. ^ 12. I^. 8. M'- \% s I. 3- '1 1 -. i:. S 20.. 12. s r-. 9. u- It,. •; X. 4- '■ I'j. '3- S-.o. n- s 31 APPENDIJ 'f defire to remeye hat an end will now rics, by as complete £ticable at this late e of heavy loiTes of -c of friendly accom* impediment has been itizens.' And if any any of the inferior ngs, have been over- over-ruled tltere, a ar, and their inter- not profccutc their • be denied recovery; icre is no ground for (ulcmn llipulations, to be difpenfed with. c two nations, I am e ftrifleft friendfliip IS and forcible to fail have their full cffeft, e honour to be, with loft humble fcrvant, TH. JEFFERSON, D14. ^ 3». 1 6. »5- S 34- 16.^ 2.3: 4'- 17- S 33. 19- S 34. 20. ^ sr. 2r. <> 31. 22. § 3'. v.. 1. S 55 2- S Si- 3. S SS- 4- M-44 s-S 2- 6. \ 30. 7. s 30- »^- 8. M'- 9- h 4- APrENDH < «♦ ) V APPErDIJl; No. 1. An Aft for the better fccuring and prefcrving his Mnjcfty's dock- yards, magazines, (hips, ammunition and (lores. Sec 1 Journal Con- grefsf 68, " perfons cbargeJ with committing any offence therein dcfcribed, in any place out of the realm, may be tried any where within the realm, whereby inhabitants of thcfc colonics may, in fundry cafes, by that ftatute made capital, be deprived of a trial by peers of tht vicinage." -I, >77«f iiG.3. C. 24. f *> . . * *•.. $