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 «^ 
 
 I i 
 
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 -^^^(WaMww^wffj^^ 
 
mum 
 
 
 REVIEW OF THE LAWS 
 
 OF THE 
 
 UNITED STATES 
 
 OF 
 
 NORTH AMERICA, 
 
 * . THE 
 
 BRITISH PROVINCES, 
 
 AND 
 
 V/EST INDIA ISLANDS: 
 
 WITH 
 
 . SELECT PRECEDENTS akb OBSERVATIONS 
 
 UPON DIVERS 
 
 ACTS o, PARLIAMENT «„ ACTS o, ASSEMBLY, 
 
 AND A COMPARISON OP THE 
 
 COURTS OF LAW and PRACTICE th., 
 
 WITH THAT OF 
 
 WESTMINSTER HAEL. 
 
 :re 
 
 LONDON: 
 
 'PRINTED POR WltLlAM OTRIDGK Nn .„. 
 
 ^"lOGE, NO. t34 ANB 
 
 JOHKOTKlZ.GK,NO.,58,lMTHKSTKANi,. 
 
 M,X>CC,XC, 
 
 ♦ 
 
 • y 
 
 m 
 
 !'f 
 
 • • » , - 
 
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 / i 
 
 
^-^mn^ 
 
 
 11 (o H ry 
 
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 ~j 
 
 rt«i SI n-^'^^ 
 
ADVERTISEMENT. 
 
 
 I 
 
 Mr. smith, obferves in his 
 Hiftory of New York, that no 
 good general HiOiory of America 
 can ever be expefted, till Gen- 
 tlemen of Leifure and Infor- 
 mation will draw up particular 
 Accounts of the refpediive Colo- 
 nies with which they are inti- 
 mately acquainted; and the 
 fame Obfervation applies as 
 to their Laws; The United^ 
 
 A 2 States 
 
 f\ 
 
 i 
 
 lA': 
 
 ■ ,^ti^'^* 
 
£.?**..»»^8*l-»^ 
 
 .■»«i»ifeii5U»,.. 
 
 ( iv ) 
 
 States differing in their Con- 
 ftitution and Government and 
 the Praftice in the Britijh Pro- 
 vinces and Weft India Iflands, 
 ALL, in fome Degree, differ- 
 ing from each other, a Digeft 
 of their Laws and Method of 
 Praftice, or indeed any regular 
 and exa6l Account of them can 
 only be obtained by the Affift- 
 ance of fome able Pradifer in 
 each. ' - -^ ' 
 
 u 
 
 The Editor has, in this 
 Work, received Affiftance from 
 fcveral very refpeftable profef- 
 fional Gliarafters in the United- 
 States, and is endeavouring to 
 
 * form 
 
 h 
 
 
( V' ) 
 
 3n- 
 nd 
 
 11 
 
 ro- 
 
 ' 1 
 
 ds, 
 
 H 
 
 er- 
 
 MB 
 
 elt 
 of 
 
 Ji 
 
 ih J 
 
 ■ t 
 
 
 ) 
 
 In 
 
 form an additional Literary in- 
 tercourfe adequate to the Pur- 
 pofe of a fecond Publication 
 upon the Subjefl on a much 
 wider Scale; and, which, as 
 affording the only means of In- 
 formation, will be more cor- 
 re6l and of courfe more inter- 
 efting aad ufeful. The prefent 
 Work, the Editor is confcious, 
 can only be confidered as an 
 imperfedl Sketch : — but as there 
 exifts, at prefent, no Treatife 
 exprefsly upon the Subjeft, and 
 the Intercourfe h flill confider- 
 able between the People of 
 Great Britain and America, the 
 Ex)iTOR flatters himfelf that the 
 
 prefent 
 
 ll 
 
 '■^.'Wl^^J'W***'-' 
 
 
$ 
 
 I 
 
 ( vi ) 
 
 prefent Publication, under all 
 its Imperfcaions, will be found 
 cfibme feivice to Gentlemen 
 of the Profcfiion, as well as 
 the Merchants of bot/i Countrks. 
 
 
 i 
 
 CON- 
 
 
 ^ 
 
 -k 
 
 K 
 
 •"iteMfettr^ 
 
- -^-Mli \ '• 
 
 ider all 
 e found 
 itlemen 
 
 Wrcll 3S 
 
 'untrtes. 
 
 ON- 
 
 CONTENTS. 
 
 CHAP. I. 
 
 £URSORY OhfcTvations upon the 
 
 Law^ of the United'States in ge- 
 
 nprcJ, and pariiudarly thofe qffcEiin<^ 
 
 Foreign and Bjiti/Ji Debts, &c. "" 
 
 C H A P. ir. 
 
 Of the Jurifdiaion of the Courts 
 of Wrjtminfler-Hall, over thofe of the 
 Britijh IJl,inds and Provinces, and 
 of the Stile and Jurifdidion of the 
 United-States. 
 
 CHAP. IIL 
 
 Of the Commercial Regulations in 
 the United'States. Thofe to which the 
 
 United" 
 
CONTENTS. 
 
 United-States were fubje&ed before the 
 Revolution, -with fuch Alterations as 
 have Jince taken place. 
 
 C H A P. IV. ) 
 
 Of the Revenue Laws, 
 
 'M 
 
 CHAP. V. 
 
 Of the Inferior and Superior Courts 
 of Civil and Criminal Jur if dition-* 
 Council^ Sic. 
 
 CHAP. VI. 
 
 Of the Court of Admiralty and 
 Afairs Maratwie, Captures, Capitw- 
 lations, &c. &c. 
 
 ■\ 
 
 A 
 
 
 I 
 
 CHAP. VII. 
 
 0/ Slaves-^Efates Tail-^Dower--- 
 Regifiering Dceds^Dcf cents- D^fri^ 
 button of Eftates-Conveyaaccs, &c. 
 
 ^■l'^^ 
 
 CHAP. 
 
 -;''*Sto«E*N«. 
 
rs. 
 
 i before the 
 erations as 
 
 tor Courts 
 iJ'diiio7i — • 
 
 '^ity and 
 , CapitU" 
 
 Do'wer — 
 -Di/iri' 
 ^s, &c. 
 
 HAP. 
 
 i 
 
 CONTENTS, 
 
 CHAP. vnr. 
 
 0/ 'he Method of authenticating 
 Letters of Attorney-^ Affidavits, &c. 
 &c. &c. for the Recovery of Debts, 
 with Precedents-^PraElice, &c. &c. 
 Method of levying Executions in 
 Barbadoes. 
 
 CHAP. IX. 
 
 Of the Powers, Authority, and 
 Duty of Governors of Provinces, — 
 Of Lijtributions.'— Granting Probates 
 And Adminifr ations, &c. 
 
 C H A P. X. 
 
 Late judicial Determinations in 
 the Courts of ths United'Statcs, and 
 in the Courts of Weftnmjer-Hall, 
 relating to the ibiited-^itates. 
 
 CHAP. XI. 
 
 Cfin/lituiion-Treaty of Peace. 
 
 CHAP. 
 
S'.r^-'^f'F '" :,.-*«"-' 
 
 CONTENTS. 
 
 CHAP. XII. 
 
 An Ordinance for the Government 
 of the United-Staie, N. W, of the 
 River Ohio, 
 
 CHAP. XIII. 
 
 Attornies^ Barrifters, &c. 
 
 REVIEW 
 
 \ 
 
 l\ 
 
 I 
 
 w 
 
 L 
 
 tkmfm... 
 
 ,r 
 
^TS. 
 
 XII. 
 
 n 
 
 e Government 
 '. W. of the 
 
 REVIEW OF THE LAWS, &c. 
 
 Kill. 
 
 CHAP r 
 
 REVIEW 
 
 Cur/ory Obfervations upon the Laws of 
 the United States in general^ and 
 particularly thofe affeSling Foreign 
 and Britifh Debts, &c. &c. 
 
 T 
 
 H E Fundamental Laws of the United Laws of th« 
 
 United Stateit 
 
 States are, as nearly as poflible, analo- 
 
 gous to thofe of Great-Britain, which are 
 interwoven into the very texture of their 
 conftitution. The common law, together 
 with the antient ftatutes of England were all 
 either carried by the Englifli Settlers into 
 the American Colonies as their birth-right, 
 or afterwards adopted by ufage or pofitive 
 a6ls of their refpeftive Legiflatures. This 
 will appear from a reference to their feveral 
 Con/litutions formed at the great epoch of 
 American independence. 
 
 B 
 
 New- 
 
 : i 
 
 • «iwim(^^i^r**^r 
 
( 2 ) 
 
 {hirTznTu^f. New-Hampshire and Massachu- 
 
 fachufetts*. SETTS in forming their governments ex- 
 
 prefsly provided, " That all laws thereto^ 
 
 fore ufedj/ioidd remain in force till altered." 
 
 &CoteS. Rhode-Island and Co^^NECTICUT 
 
 retained their antient forms and laws. 
 
 New-York. 
 
 New-York declared that//d parts of 
 the common and jlatnte law of England, and 
 aBs of ajfmhly as frmed the law of the 
 Province on the ^Ih April, 1775, fwuld con- 
 tinue the law of the Commonwealth. 
 
 New-jcrfcy. New-Jrrsey Jolloivcd implicitly the ex- 
 
 ample of New-York. 
 
 w 
 
 i^ennfyivania. PENNSYLVANIA made ilic declaration of 
 '>'^i,hls part of their fmdamental conjiitution. 
 
 Delaware. 
 
 Tlie I) E L AW A u E State referved exprcfsly 
 the common and jlaliUe lazu, as they had been 
 formerly adopted and praBifed. 
 
 * Hulchiiifon, in his IliRory of MnlTacIiufetts, has given a 
 p«ititular ai-comu of tlie laws of the New-England States, 
 
 See aa arrount of the laws of Conncfticut in Pctcrs's hiftory, 
 pogct, 63, 8,!, a82, 298, 299. 
 
 Mauy- 
 
 ^ 
 
 1 
 
;l 
 
 i i 
 
 ( 3 ) 
 
 Maryland declared that her citizens Maryiani. 
 were entitled to the common and ftaiute law of 
 England, which had been ufed and approved 
 in the province. 
 
 In Virginia \\'\g. general xveh of their in- Virginia. 
 dependence has been woven cf the warp of the 
 common law and the woof of anticnt Jlatutes, 
 
 North-Carolina cnaBed that the com- n. Carolina. 
 mon andjiaiute laiv theretofore ujed Jhould 
 continue in force, 
 
 South-Carolina declared by her s. Caroiin*. 
 original affociation, that all laws then prac- 
 iifcdJJiould remain till repealed. 
 
 Georgia adopted into her fundamental Georgia. 
 conftitution nothing more than the Habeas 
 Corpus AB, but their great law expofitor 
 {Walton) aflerted .".om the bench, That the 
 law of England was studded into the Georgia 
 Jyjlem*. In facl they have been ftudded 
 into all the American fyftems. The Ame- 
 rican youth ftill continue to read Englifli 
 law books, and the praftitioners to quote 
 them under the fanttion of their judges 
 
 See Georgia Gazette, 13th May, 1 784, and Chalmcrii's opinion! 
 page 156. and Pownal's adminiftration of the Colonics, vol. 
 ii. p. 45. 
 
 B 2 who 
 
 % 
 
 ■ '■ 
 
 •"■■■-T^ 
 
T.L jm. ifiM'V 
 
 ■\ 
 
 h 
 
 U 
 
 ( 4 ) 
 who receive them with all due refpeft and 
 deference. The general jurifprudence of 
 both countries is the fame, and the dif- 
 ference even in their feveral forms of 
 gcvernmcnt, is, perhaps, much lefs than 
 people at firft fight are apt to iuiagijie. 
 
 TSti:/ '^''^ ^^'^'' ^' ^ P''^"''-^^^ profcffion, is 
 attended in the States with confidcrable 
 difficuUies, and almoft equal cmbarraffment 
 to the profcfTors and tjje client. 
 
 In new governments, " fays Raynal," 
 the laws cannot be too fimpic, uniform, 
 and exaa. The prefent government of the 
 United States being only a reformation of 
 that feodal fydem they borrowed from 
 Great-Britain, ftill retains many ufages 
 equally opprcffive and abfurd. Hci^ce 
 proceeds a motly mixture, numerous ex- 
 ceptions to, and various interpretations of 
 one original law, often clafiiing and con- 
 tradi61ing each other.— The new lau^ at 
 variance with the old.— 7^o the obfcuritics 
 and difficulties of the common law of 
 England, the States of America have added 
 accumulated difficulties, by a variety of 
 new laws adopted to the difJ'erent changes 
 of manners, places, and times; as the 
 cpmmon law itfelf is nothing but the prac- 
 
 ti<:c 
 
1. 
 
 ) 
 
 ( 5 ) 
 tice and determination of courts on points 
 of law drawn into precedents, where the 
 circumitances of a country, and a people, 
 and their relation to the ilatute and com- 
 mon law differ fo greatly, the common 
 law of thefe countries mull in it's natural 
 courfe become different, and fometimes 
 even contrary to the law of England. This 
 renders the jurifdiaion of the courts and 
 the adminiftration of juftice frequently 
 vague and precarious, dangerous, and 
 arbitrary. — It leaves too much in the 
 power of the judge. 
 
 i 
 
 Mr. Smith, in his Hiflory of New-York, Sm-ti.'s obfcr- 
 has the following pertinent obfervaiion : Sl" of "V*"' 
 
 laws, (Sec. 
 
 *• The ftate of our laws opens a door to 
 
 much controverfy .The uncertainty, 
 
 with refpc6l to them, renders property 
 precarious, and greatly expofes us to 
 
 the arbitrary decifion of bad judges. 
 
 The common law of England is generally 
 received together with fuch flatutes as 
 were enaded before we had a legiflature 
 of our own, but our courts cxercife a fo- 
 vereign authority in determining what 
 parts of the common and ftatute law ought 
 to be extended, for it muft be admitted, 
 that the difference pf circumftances ne- 
 
 ceflaril/ 
 
 a 
 (( 
 (( 
 
 (( 
 
 (« 
 
 (( 
 (( 
 t( 
 <( 
 
 (( 
 
 I 
 
 ^H 
 
 ^^y, 
 
tc 
 
 (C 
 
 ( 6 ) 
 
 ceflarily requires us, in fome cafes,, to 
 rejeft the determinations of both. The 
 *• PRACTICE oF our courts is not lefs un- 
 ** certain than the law. Two things feern 
 •' abfolutely neceffary for public fecurity. 
 ** ift. The pafling an aft for fettling the 
 5' extent of the Englifh laws. 2dly. That 
 " the courts eftablifh a rule for the regula- 
 '* tion of their praHicc." 
 
 From hence it evidently appears that 
 fomething is wanting to fix the judicial 
 powers determinatcly *. 
 
 law proceed- 
 ings in tlic 
 United States. 
 
 Throughout all the Statv'-.s law pro- 
 ceedings are finiplified as rrr.icli as poniblc. 
 Special pleadiIlf^s and demurrers arc very 
 rare and never turn upon mere informa- 
 lities. In almoft every cafe the general 
 ifliie is pleaded and the fpecial matter given 
 in evidence. The merits of the cauie are 
 not fuffered to depend on the niceties of 
 clerkfhip. No writ abates for a circum- 
 ftantial error. The cafe is fct forth as 
 brief as poffible in the declaration. If 
 the aftion be matter of account, the 
 
 * This has been in fume meafure cfrcflcd by the State of 
 Virginia. See the rcvifion of the laws of the State, publiflicd by 
 the judges in 1784. 
 
 account 
 
cafes, to 
 
 b. The 
 lefs un- 
 igs feern 
 fecurity. 
 tling the 
 ly. That 
 e regula- 
 
 ars that 
 judicial 
 
 aw pro- 
 poniblc. 
 arc very 
 in For ma- 
 general 
 ter given 
 :auie are 
 iceties of 
 circuni- 
 forth as 
 tion. If 
 lint, the 
 
 the State of 
 publiflicd by 
 
 account 
 
 
 h 
 
 V 
 
 See'a pamphlet 
 entitled," The 
 conduft of C. 
 Colden, Efq, 
 Lieut. Gov. of 
 New-York, in. 
 1767," relating 
 to the judges 
 commiirions & 
 appeals to thi 
 King, &c. Sec. 
 
 ( 7 ) 
 
 account is aniiexed and copies of both left 
 with the defendant, which being done, the 
 defendant muft plead the fame term, and 
 the iffue is then tried. 
 
 The praftice of the courts of Weft- 
 minfter-Hall never conftituted any part of 
 the law of the Colonies. And indeed if it 
 were otherwife it would necelTarily follow 
 that there never was one legal court in any 
 of the Colonies. The Supreme Court at 
 New- iTork, (for inftance) has the power of 
 the King's Bench, Common Pleas, and 
 Exchequer, which according to the praftife 
 of the court at Weftminller would be 
 abfurd, and indeed impoffible to exift in 
 the fame court. 
 
 The laws refpeQing Britifh debts in the i aws, in vir. 
 State of Virginia, (the richelt and moft '""'' ^'' 
 commercial ftate in the union,) will give a 
 good general idea of thofe made with fimi- 
 lar views in other States, firft premifing a 
 few general obfervations. 
 
 Property is bed fecured and more eafily General obfer. 
 
 attainable in the State of New-York* than ^^o'llrU 
 
 . tiih debu, 
 
 in 
 
 * This is meant of debts contraaed «' Sin^e the peace." For 
 lUi» Stat* appear! to have beeo paiticularly vindiawe againft 
 
 / 
 
 'A- 
 
 ih* 
 
 f 
 
 K: 
 
,.i.— :-<• 
 
 ',>?;, 
 
 ( 8 ) 
 
 in any otber, and the praaicc of the courts 
 here and in New-Jerfey bears the neareft 
 refemblance to that of Weftminfter-Hall. 
 
 «5eorgia, South jn Gcorgla, South and North-Carolina* 
 
 roLf-'"'' Britifh debts are recovered ^vith infinite dif- 
 
 ficulty, fuch aaions being difcountenanced 
 
 by the bench, and where not denied by the 
 
 connty courts j ^^ f^j^g j^ effca by the delays and 
 
 Tn Virgima, lavva an- ^ 
 
 the claims of creditors " Puorfo and duriv^ the conVnuance of 
 thcu^ar." The aft paffcd here, 12th July, i-82, entitled, " A., 
 ,fl relative to debts due to pcrfons withir, the encm.es hnes.' 
 not only rcleafes the debtor fro- all arrears of interea for ten 
 years, but expofes the creditor to the lofs of Ins capual by 
 eafting hinr on the judgment of the inoR prejudiced and partial 
 .uditory, and compelling them to the recc.t of paper 
 Tnoney at twenty (hillings in the pound, though at the real valu. 
 of not more (perhaps) than one. This State was alfo particularly 
 iioftile tothc Loyalifls. 
 
 • The Treaty of Peace cxprcfsly ftipulatcd, That there 
 Jhould be no lawful impediment to the recovery of debts ort 
 Cither fide, nevertheless, in Cm-w an alien fnend cannot 
 maintain an aftion for dcbt.-And in South-Carohna th. 
 ademblv paired an aft, 16th March, .784, ior prevent- 
 ing the commencement of fuits for debts contrafted by 
 any citizen previous to February, 1782; and for poftpon.ng 
 
 ultimate payment by fcveral liquidations, till February, 1789. 
 North.Carolina pafTcd an aft in May, 1783, to prevent tht 
 
 recovery of debts theretofore contrafted, till after the cxpi- 
 
 ration of a year. 
 
 Virginia paffcd an aft, fufpcnding the IfTuing of executions 
 for four months, from December, 1783, to .he end of the 
 
 fubfequent alTcmbly; ami the Legiflatures of all the other 
 
 SutMhave iHorc et icfs concurred iu fimilar mcafures. 
 
 Other 
 
 h i 
 
 f^^^i^nm 
 
^■^.r - ■' ~'Mi!g."a«r. 
 
 ic courts 
 ; neareft 
 jr-Hall. 
 
 ;arolina* 
 finite dif- 
 itenanced 
 ;d bv the 
 elays and 
 
 continuance of 
 ntitlcd, " An 
 icmies lines.'' 
 itercft for ten 
 Ills capital by 
 ;cd and partial 
 cit of paper 
 : tlic real value 
 fo particularly 
 
 :1, That there 
 ly of debts ort 
 1 friend cannot 
 h-CaroUiia tht 
 for prcvcnt- 
 contrafted by 
 for poftponing 
 ;bruary, 1789. 
 
 to prevent the 
 after the cxpi- 
 
 g of executions 
 ,he end of the 
 ■>i all the other 
 leafures. 
 
 Other 
 
 i 
 
 ( 9 ) 
 
 Other im^ ediments thrown in the way of 
 them. Where the demand is prior to the 
 Treaty of Peace the judges aflume a dif- 
 cretionary power and the firft generally 
 falls to the ground, while lakr claims are 
 fo much impeded and procraftin^ted, that ' 
 
 they are feldom recovered till the end of See thr aflsc^ 
 two or three years and then the debtor ".Is"-';! 
 eafily finds a way of making over his effeas ?„"' •■-'I'r acv* 
 and going ir.to goal for a few days, from "^a""^"^ '"^ 
 whence he is allogetlier liberated and ex- crcduor,'!"'*^ 
 onerated. 
 
 In Maryland * the creditor is fettered Maryland, 
 with an inftalment bill. In Virginia, De- i^''^'"'"' 
 laware, Pennfylvania, and New- ferfev P'""'^yi^a"'a> 
 
 ' J / > New-Jcrfcy. 
 
 Q the 
 
 * Tlie Maryland inftalment bill paflTcd in 1787, direfts the 
 mode of payment as follows : That all debts contraaed before 
 the iftday of Sept. 1786, (hall be inflalled, except thofe debti 
 comprehended in the Treaty of Peace between the United 
 States and his Britanic Majcfty. 
 
 That the propofcd inftahncats fliall not exceed tlie term 
 •f five )cars. 
 
 That no inftalment be made of any debt under 20I. current 
 money; the court may grant a ftay of execution for any 
 
 fum lefs tiian 20I. not exceeding twelve months. 
 
 All funis above 20I. and under Sol. to be inllallcd /or 
 two years. 
 
 All 
 
mm 
 
 mm 
 
 Other States, 
 
 ( 'o ) 
 
 the means of liberation arc equally cafy to 
 the debtor ; and though in the more 
 Northern Slates debts are better fecured, 
 and there is fomewhat lefs opening for fraud 
 and evafion, yet even there, if the man who 
 goes to law for a Britifli debt has the good- 
 luck to get over the frowns of the bench, 
 and the unpopularity which is fure to be 
 ftamped upon his charafler, he may be 
 
 i*.» 
 
 All fiims above 160I. and under 500I. for four years. 
 
 All funis above 80!. a;id under iGol. for tlirccycarj. 
 
 All fuiTis above ^doI. for five ycarj, 
 
 Tlie iatercR of tli<: whole debt to be paid at each inftalment. 
 
 The citbtor (hall within three monthi give notice to hij 
 cicdisor, or his agent, tliat he intends to inftall hit debt, and 
 i'pp'.'irt a time and place for tiiat purpofe. 
 
 Tli-.t tl.c debtor fhal', on infklmcnt, give good and fuffl. 
 tinit fccini.y fcir the dibt, and on tlie creditor's rcfufing the 
 fcciiiity, tiiC fufHurncy o{' fi:ch fccuriiy is to b ' dttcrmincd bv 
 iwo in.i;.MliTai(s wiieic the debtor rtlidcs. 
 
 Tiiat (h? crcdiior, on a bond given by the debtor for the 
 ^a-yirient nndtr inlLalincnt, niay file liie fame with the clerk 
 "f the toiuiiy and on non-payment, the piainiifi' on filing an 
 jMidavit. may iifuc t.\e' iiion for the inltalmcni due and in- 
 icirR ; 3i,d il On return of fucii execution, the debtor can 
 jiuvc paymcnf, the 11 editor to pay all cofts of fucJi 
 execution. 
 
 7'hat there fhall lie no appeal or writ of error to remove 
 a debt mllallul a^jrccablc to this aft, uor any fiiperfcdea* 
 allowed. 
 
 confidered 
 
illy cafy to 
 the more 
 cr fecurcd, 
 ig for fraud 
 le man who 
 J the good- 
 the bench, 
 Hire to be 
 le may be 
 
 lur years. 
 : yean. 
 
 •ach inftalment, 
 
 ■c notice to his 
 1 lii( debt, and 
 
 good and fuflj* 
 tr's rcfufing th* 
 ' dttcrmincd bv 
 
 debtor for the 
 ^^ith the clerk 
 id' on filing an 
 :nt due and iiu 
 the debtor can 
 1 cofts of fucJi 
 
 lor to remove 
 any fiiperfcdea* 
 
 i 
 
 ( ii ) 
 
 Confidered fortunate in recovering his 
 property at the end of three years. . 
 
 By the late Con/tUulion, all debts contracted 
 and cn^az^Mcnts entered . into before the 
 odoplion thereof, arc declared to be valid 
 againjl the United Saies as under the articles 
 of Con/cder alien. . . 
 
 In Virginia no alien can hold lands, nor Miens in vir. 
 alien enemy maintain an aftion for money 
 or o'her perfoiialty. The lands of aliens 
 are fo' feitures to the State, and to an action 
 brought by an alien, defendant may plead 
 '- That he is an alien enemy," which 
 cxtinguilhes his right in die Iiands of die 
 debtor. 
 
 By an a8: paffed in Pcnnfylvania * the Pcnnfyivania. 
 11th of February, 1789, aliens are there 
 , enabled to purchafe and hold real elhites. 
 
 Every privilege and proteftion which be- 
 longs to American citizens, as alien friends 
 in liritain, equally appertains to Bridlh fub- 
 je^ls, as alien friends within the United obfcrvations. 
 
 * Sucli is the evident good j'olicy of this law that it is 
 probable the Other States will i'oon follow the example. 
 
 m 
 
 confidered 
 
 C2 
 
 States, 
 
Aliens in 
 
 Si)uth-Caro« 
 
 iina. 
 
 ( 12 ) 
 
 States, with refi)ca to the feciirity both of 
 perfon and property, bccai/ie the laws of 
 both countries are fubflamially the fame. 
 But nevcrthclels the judges in Georgia 
 have, fince the peace, determined, i.i the 
 cafe of one Pcrkin's, iliai a Britifli merchant 
 and alien friend could not maintiin an 
 adion agaiiid a citizen of that S: ite*. 
 
 Ahens in Soiith-Carohna are allowed to 
 fue the citizens theicof and arc entitled to 
 a jury Dc Mediatate Lingucc in fuits againft , 
 them, and even tranfient courts have 
 been allowed them. 
 
 in^otherstates, The law is the fame in other States, but is 
 too frequently evaded to the injury of the 
 BritHh creditor. 
 
 vi^'i,!;'"!;- '" ^^^^^r-^] aRs were paiicd in the State 
 
 propatyr&c'l' ^"""'"^ ^^'^ ''^' ^^ f^quener Britifli lands, 
 flaves, &c. in the hands of the commiffi- 
 oners, with direclions for the payment of 
 the proceeds into the treafury. The money 
 fo paid was declared the property of the 
 
 * As to the privileges ;n,d diCuMlitics whicl. the Americans 
 derive as aliens from the oj,. ration of the laws of England. 
 Sec Chalmers's opinions, £cc, 
 
 Britifli 
 
 t^-ms 
 
rity both of 
 the lau.^ of 
 ' the fame, 
 in Georgia 
 led, ill the 
 f]i merchant 
 laintiin an 
 tite*. 
 
 allowed to 
 entitled to 
 \iits againft , 
 urts have 
 
 ates, but is 
 Lny of the 
 
 the State 
 fi/li lands, 
 comniilfi- 
 lyment of 
 he money 
 •ty of the 
 
 he Americans 
 of England, 
 
 Briiifh 
 
 ( 13 ^ 
 
 Britifh fnbje^:, and if ufed by the State 
 was to be repaid. 
 
 Depreciation began at this time, and large Depreciation, 
 fums of money were paid in by d'^btors. 
 The afTembly afterwards ordered -ill Britifh 
 property to be fold, and the proceeds of the 
 fale to be converted into their then woiih in 
 tobacco, fubjeft to the iiuure direfclion of 
 the 'egiflature, which has left the qiieflion 
 of retribution extremely prob!emacical. 
 In 1780, another a6l »o(>k away this per- 
 mifTion to pay into the public treaiury 
 debts due to Biilifti fubjeffs. 
 
 If a controverfy arifes between two Foreigners i« 
 
 r • r ' - Virginia. 
 
 foreigners, ot a nation in alliance with 
 the United States, it is decided by the 
 conful of that nation, unlefs both parties 
 chufe to refer it to the ordinary courts of 
 juftice. If one of the nartics only be a, 
 foreigner it is triable before the courts of 
 juftice of the country. If it has been in- 
 flituted in a county court, fuch foreigner 
 may remove it into the general court or 
 court of chancery, which muft determine it 
 in preference to any other caufe before them. 
 
 In cafes of life and death foreigners have Medietas 
 a right to the Medietas Linguoe. 
 
 A foreignei 
 
 Lii.Tuoc. 
 
 I 
 
?f 
 
 4 
 
 ■(H) 
 
 :r«turailzati6fl, A foreicjner of any nation, not In open 
 war with them, becomes naturalizcu by a 
 refidence in the State and taking an oath of 
 fidelity, And thereupon acquires almoft 
 every right of a native citizen. 
 
 Public accounts 
 in Viiginia. 
 
 Public accounts are fettled by a board of 
 auditors appointed by the general alfembly 
 from whofe determination an appeal 4ies 
 
 to the general court. 
 
 Bills of ex- 
 change. 
 
 Bills protcftcd carry in Virginia lo per 
 cent, inicrell from their date, and in feme 
 States 15 *. , 
 
 jofticej, Every State is divided into countico, in 
 
 interior courts, ^ 
 
 procois, &c.in evcry county juftices of the peace are 
 appointed, nominated by their fellows, but 
 comiTiifTioned by the governor ; and in 
 fomc States they are paid, as in Maryland^ 
 
 * The Clianib' r of Cominercc in New-York have adopted 
 the following regulations with rcfpcit to Bills of Exciiange. 
 
 A bill on any Well. India Ifland, Newfoundland, or other 
 foreign pollc-nion in America, proteilcd for uon-pa)intnL 
 fliall be difchargrd with lo per cent. danra;]es, at tiiccuirciit 
 exchange when piefented to the diawer or indorfer. Bills on 
 Europe prrfentcd for non-payment (ball be diieiiarged with so 
 per rrut, at the current exchL-nge, and all bills drawn in 
 fterling money by procurators in Europe, on procurator! in New. 
 Vork, fliall be paid at the exchange current when the bill is due. 
 
 in 
 
lot in open 
 alizLu by a 
 f <in oath of 
 res almoft 
 
 a board of 
 al airembly 
 appeal 4ies 
 
 una lo per 
 md in feme 
 
 :ountieo, in 
 
 peace are 
 
 fellows, but 
 
 r ; and in 
 
 Maryland, 
 
 
 ( 15 ) 
 in others not. They fit in the inferior 
 courts (which refemble our feflions) and 
 have jurifdiftion both civil and criminal. 
 If the queftion be of fa8:, or of faft and 
 law, it is referred to a jury who are 
 competent to decide on both, though 
 they generally (when a point of law arifes) 
 refer it to the judges of the fuperior 
 courts. The judges execute their procefs 
 by the flieriff, the coroner, or the c^n- 
 flable. Writs are iffued by the clerks of 
 the feveral courts returnable from court to 
 court, and are by him figned and dire6led 
 to one or other of the officers above-men- 
 tioned, but ufually to the flieriiF. 
 
 The trial of all crimes (except in cafes of Crimes, Ac. 
 impeachment) is by jury, and fuch trial held 
 in the State where the crime is committed, 
 but when not committed in any State, 
 where the Congrefs directs. 
 
 !.■ 
 
 k have adopted 
 of Exchange. 
 
 idland, or other 
 ir non-pa) incni 
 s, at x\\i cuirtnt 
 doiftT. Bills on 
 cliargcd v/ith 20 
 bills drawn in 
 curatori in Ncw- 
 :n the bill is due. 
 
 in 
 
 If a perfon commits a crime under the Trials of cimi- 
 dcgrce of felony, he is bound over by a gLw!" 
 magiftrate to anfwer it on indictment, and 
 fometimes on information at the enfuing 
 
 court. A court of juftice (entitled a 
 
 court of Enquiry) is then called which tries 
 tlie prifoncr by an aQ of aflembly, at 
 any time not Icls than five days, nor more 
 
 than 
 
 i 
 
wfc, 
 
 Pardon. 
 
 Criminal law. 
 
 ( 16 ) 
 
 than ten. If tlieyjudc^e him not guilty he isof 
 conrfe acquiiied, if guihy they commit him 
 to the goal of the general court, before 
 which he is to be trier*, fuft by a grand 
 jury of twenty-ff?ur (of uhorn thirteen muft 
 concur in opinion) and if they find him 
 guilty, he is then tried by a jury of twelve 
 men of the vicinage where the offence was 
 fuppofed to have been committed, and by 
 their verditl (which mufl: be unanimous) he 
 is acr^uitted or condemned witliout appeal. 
 The governor has the power of pardoning 
 all offences, but high treafon, which can 
 only be done by the houfe of affcmbly. 
 
 The criminal as well as civil laws through- 
 out the United States are very fimilar to 
 ihofc in England, but tempered with a greatcr 
 fliare both of humanity, jullice, and wifdom. 
 It cannot be expedied that a particular account 
 of them Jhnuld he given in this -work, the 
 reader is therejore unavoidably referred to their 
 rejpeclive codes *. 
 
 w 
 
 % 
 
 jufiice. Juftices of the peace have jurifdi6lion 
 
 in all civil matters, except fuch as relate to 
 the court of Admiralty. 
 
 Sec Dr. franklio'* Icttir on the fubjcdl of criminal lawj, 
 
 i78*« 
 
 The 
 
 "%^tv._.) 
 
 ■'^s*****^-. 1. 
 
not guilty he isof 
 ley commit him 
 
 court, before 
 irft by a g'-and 
 m thirteen muft 
 
 they find him 
 jury of twelve 
 :lie offence was 
 imittcd, and by 
 
 unanimous) he 
 vvitliout appeal. 
 r of pardoning 
 on, which can 
 f affcmbly. 
 
 illaws th rough - 
 /ery fimilar to 
 ?d with a greater 
 :e, and wifdom. 
 
 rlicular account 
 
 this work, the 
 
 referred to their 
 
 ve jurifdiftion 
 ich as relate to 
 
 £1 of criminal laws. 
 
 The 
 
 ( 17 ) 
 
 The county court muft confift at leaft of County couri* 
 four juftices who affemble at the court- 
 houfe of the county on a fixed day in 
 every month, and an appeal lies from their 
 determination to the fuperior courts if the 
 plaindfF's demand be to the amount of ten 
 pounds fterling, or affefts the title or boun- 
 daries of lands. 
 
 There are four fuperior courts.— -The Superior coutj^ 
 general court, the court of chancery, the 
 court of admiralty and appeals. The two 
 firft retain appeals from the county courts, 
 and have alfo original jurifdi£lion (where 
 the olje6t purfued is of the value of twenty 
 pounds fterling, or where the claim affefts 
 the title or boundaries of lands) the admi. 
 ralty jurifdiction is altogether original. 
 
 The general court (the firft in bufinefs j^dgcsf re"'"* 
 and confequence in the State, and very ana- 
 logous in its formation to that of all other 
 fuperior courts in the United States,) has 
 five judges, the chancery three, and the 
 court of admiralty three. 
 
 The court of appeal is compofed of the Coun of ad- 
 judges of the fuperior courts who fit twice J|" *° "**" 
 in the year, receive appeals in all civil cafes 
 from each of the fuperior courts, and is 
 
 D like 
 
 •^^ 
 
 ' '■)>.» 
 
 
Chanrpty and 
 (oieral court. 
 
 ( »8 ) 
 
 like the judicature of the Lords in England, 
 final ; but this court has no original jurif- 
 di6lion. 
 
 The Chancery and general courts fit 
 twice in the vear, and the latter twice for 
 bufinefs, civil and criminal, and twice for 
 criminal bufinefs only. 
 
 Cebtdri in 
 Virginia. 
 
 Paiipui* 
 
 Debtors unable to pay their debts, and 
 making faithful delivery of their whole 
 effe6ls, having remained twenty days in 
 prifon in the common gaol, are liberated, 
 and their perfons for ever difcharged of 
 reftraint for fuch previous debts; but all 
 after acquired property is fubjett to the 
 power of the creditor, and the laws in all 
 i« other States, the States are favourable to the debtor and 
 injurous to the creditor. Their refpec- 
 tive afts of infolvency afford the debtor 
 an alylum, and they are often difcharged on 
 a fliort iicwfpaper notice, without a poffi- 
 bility of diftant creditors being' heard in 
 fiipport of their demands. 
 
 The poor are fupported by an affeffment 
 on the tithable property of the parifli; to 
 fuch as are in part only able to fupport 
 themlelves, fupplementary aids are given. 
 
 Marriages 
 
rds in England, 
 original jurif- 
 
 eral courts fit 
 atter twice for 
 , and twice for 
 
 heir debts, and 
 
 Df their whole 
 
 «renty days in 
 
 , are liberated, 
 
 difcharged of 
 
 debts; but all 
 
 fubjett to the 
 
 the laws in all 
 
 the debtor and 
 
 Their refpec- 
 
 rd the debtor 
 
 n difcharged on 
 
 vithout a poffi- 
 
 )eing' heard in 
 
 y an afleflment 
 the parifli; to 
 ■Ae. to fupport 
 is are given. 
 
 Marriages 
 
 
 ( >9 ) 
 
 Marriages mull be folemnized either Marriages 
 on fpecial licence granted by a magif- 
 traie of the county, as a proof of the 
 confent of the parent or guardian, if either 
 party be under age, or after folemn pub- 
 lication on three feveral Sundays at fomc 
 place of religious worlhip in the parifhes 
 where the parties refide. The aft of fo- 
 lemnization may be by the minifter of any 
 focietv of Chriftians who fhall have been 
 previoufly licenced for this purpofe by the 
 court oi the county. Among Quakers 
 marriages r.ie folemnized by their own 
 focieties. 
 
 Conveyances of land muft be resiftered Conveyance, 
 
 •' '^ _ &c. m Vir- 
 
 in the court of the county wherein they lie, ginia- 
 or in the general court, elfe tliey are void ; 
 as to creditors and fubfequcnt purchafers, 
 and in fuch conveyances there muft be no 
 interlineations, and the fubfcribing witnefles 
 muft attend at the time of regiftering. 
 
 Slaves pafs by < lefcent as lands do ; slaves, &c. ia 
 
 . , . Virginia. 
 
 where the defcent is from a parent, the heir 
 is bound to pay an equal fliare of their 
 value in money to each of his brothers 
 and fifters. Slaves and lands were both Eftate tail, *c. 
 formerly entailable, but by the law of 
 this State, (and I believe by that of moft, 
 
 D 2 if 
 
 M 
 
 \ ^^ 
 
 .4 J 
 
i-\' 
 
 ^ 
 
 if not all the other States) what our books 
 conftrue an eftate tail, is confidered as an 
 abfolute eftate in fee fimple. The fame 
 a6l has removed a thoufand legal diffi- 
 culties, and done away many of the fober 
 Fi'nci and rcco- follies of the common law. They have 
 neither fines nor recoveries, and real ac- 
 tions are not in ufe. Title to lands are 
 tried by ejeftment, trefpafs, or replevin. 
 
 venes. 
 
 Trcafon. 
 
 Atttinder, Sec. 
 
 Treafon in the United States confifts 
 only in levying war againft them, or ad- 
 hering to their enemies, and giving them aid 
 and comfort, and no one can be conviCted of 
 treafon unlefs on the teftimony of two wit- 
 nefles to the fame overt p.ft, or on confefTion 
 in open court. 
 
 The CongrePs may declare the punifli- 
 ment of treafon, but no attainder of treafon 
 works, corruption of blood, or forfeiture, 
 except during the life of the perfon at- 
 tainded. 
 
 \ 
 
 Mf £ 
 
 
 Public afls, 
 records, &c. 
 
 Full faith is given to all public a£ts, 
 records, and judicial proceedings of every 
 State. Congrefs prefcribing the manner in 
 which fuch aBs, records, and proceedings 
 are to be proved, and the effect thereof. 
 
 The 
 
 ■ ' *!f*rt,^»«*i»>- . 
 
^hat our books 
 onfidered as an 
 lie. The fame 
 nd legal diffi- 
 y of the fober 
 V. They have 
 s, and real ac- 
 le to lands are 
 or replevin. 
 
 States confifts 
 t them, or ad- 
 giving them aid 
 be conviBed of 
 my of two wit- 
 n on confefTion 
 
 arc the punifli- 
 nder of tri afon 
 I, or forfeiture, 
 the perfon at- 
 
 iH public a6ts, 
 edirigs of every 
 the manner in 
 nd proceedings 
 eft thereof. 
 
 The 
 
 ( 21 ) 
 The citizens of each State are entided citizew. 
 to all the privileges and immunities of citi- 
 zeiis in the feveral States. 
 
 A perfon charged in any State with treafon, Fnguivei iat 
 
 • c • n- crimes. , 
 
 felony, or other crime, flying from jultice 
 and found in another State, on demand of 
 the executive authority of the State from 
 which he fled, is delivered up to be re- 
 moved to the State, having jurifdiftion of 
 the crime. 
 
 Perfons held to fervice or labour in one Fa,^itiveg for 
 State, under the laws thereof, efcaping into ^ '' 
 another is aifo on demand delivered up to 
 the perfon to whom fuch labour or fervice 
 is due. 
 
 This extends to all cafes of debt ; and 
 prior to the late conftitution the cuftom 
 was to tranfmit an exemplification of the 
 proceedings againfl: f he debtor to the State 
 where he had fled, upon which procefs was 
 iflued againfl; him in the fame manner as if 
 he had remained and abided the ifliie of the 
 plaintiffs demand in the firft inftance. 
 
 Gaming; debts are void in Virginia, and Gaming debti 
 
 ° "in Virginia. 
 
 money paid in difcharge of them above 
 forty Jhillings, may be recovered back at 
 
 any 
 
 "K 
 
u \ 
 
 M 
 
 . I 
 
 Antimt me- 
 thoci jf loca- 
 ting lands in 
 Virginia, 
 
 ( » ) 
 
 «ny time within three months, in an a6lion 
 for money had and received. 
 
 Formerly when an individual wifhed to 
 obtain a portion of unappropriated lands 
 he was to locate and furvey it by a public 
 officer appointed for the purpofe. Its 
 breadth was to bear an equal proportion to 
 its length. The grant was to be executed 
 by the governor, and the lands were to 
 be improved in a certain manner within a 
 given time. From thefe regulations there 
 refulted to the State a fole and exclufive 
 power of taking conveyances of the In- 
 dian right of foil. The State, or Crown 
 members, made general purchafes of the 
 Indians from time to time, and the go- 
 vernor parcelled them out by fpecial grants. 
 
 Grants unaccompanied with their proper 
 legal folemnities were regularly fet afide by 
 Scire facias, or bill in chancery. 
 
 Method in 
 New-York. 
 
 i^ 
 
 In New-York the cuftom was to apply 
 to the governor in council for a licence to 
 purchafe lands of the natives in his Ma- 
 jefty's name. A deed was then privately 
 obtained from the Indian proprietors to the 
 King, and annexed to a fecond petition to 
 the governor for a warrant to the furveyor- 
 
 generaly 
 
 ;-s%. 
 
in an a6lion 
 
 lal wifhed to 
 priated lands 
 L by a public 
 purpofe. Its 
 )roportion to 
 be executed 
 nds were to 
 iner within a 
 lations there 
 ind exclufive 
 i of the In- 
 e, or Crown 
 hafes of the 
 and the go- 
 pecial grants. 
 
 I their proper 
 y fet afide by 
 
 ry. 
 
 was to apply 
 a licence to 
 ; in his Ma. 
 len privately 
 rictors to the 
 d petition to 
 he furvevor- 
 general. 
 
 ( »3 ) 
 
 general, to make a furvey of the quantity 
 purchafcd. Another warrant, upon the 
 return of this furvey, was then iffued to 
 the attorney-general to prepare a draught 
 of the patent, which being tranfmitted to 
 the fecretary's office, was then engrofled on 
 parchment and the great feal affixed to it 
 by the governor *. 
 
 The mode is now nearly the fame as Thcprefent 
 before the revolution. An individual wifh- ginia. 
 ing to appropriate lands, pays to the public 
 treafurer a proportionate fum, and then 
 carries the treafurer's receipt to the auditors 
 of public accounts, who thereupon debits 
 the treafurer with the fum, and orders 
 the regifter of the land-office to give] the 
 party a warrant for his land ; with this 
 warrant from the regifter he goes to the 
 furveyor of the county where the land 
 
 * In thefc furveys and deeds more lands were often in. 
 eluded than the Indians intended to fell, and thefe frauds being 
 frequently complained of, an order was made by the governor 
 in council, in 1736, that tlienctforth no Indian deed flioulU b« 
 taken, until the laud propofcd to be granted was aftually 
 furveyed by t!ic furvcyor-gencral, or one o*" his deputies, in tht 
 prefcncc of liic Indian proprietors. That the bounds of tb» 
 traft fnoiild be then entered in the deed, and a ccrtificat* 
 endorftd that they are agreeable to the furvey, and that he faw 
 the confidcration money or goods, bona Jide delivered to the 
 vendors. - Smith's New- York. 
 
 The 
 
 ,r,.mat^lA:. 
 
( H ) 
 
 'ies, has it laid off by the furveyor. who 
 gives him its exaa defcription in the form 
 
 of a certificate, which certificate he returns 
 to the land officer when the grant is imme- 
 diately made out and figned by the go 
 vernor. This vefts in him an abfolute 
 eftate m fee fimple. 
 
 In otherStatej. t,, 
 
 ihe mode above-mentioned is verv 
 - nearly the fame in the other States. 
 
 •Benefit of 
 clergy. 
 
 New trial. 
 
 The benefit of clergy is abolilhed. 
 
 Where verdia is againft defendant the 
 
 court may at their difcretion gram or deny 
 a new tiial. ^ 
 
 \ 
 
 Ufury. 
 
 The laws againft ufury are in force in Vir 
 g.ma and New-Yorlc, and perhaps in all the 
 States, but u is certain they arc not in 
 praaice in many of them. 
 
 Waturalization 
 fcankruptcies. 
 
 4-/9^;,/ 
 
 
 "if 
 
 / 
 
 // 
 
 
 
 
 Vf. 
 
 The late conftituiion etnpowers Cor,<.reft 
 
 'oeftabhfl, a uniform rule of natural! J.S 
 and laws on the fubjea of bankruptcies 
 throughout the United States. At prefent 
 '»ey,er in almoft every State. ^Z 
 
 W .he States „n/^ the bankrupt laws are 
 in force. The; are no, I believe in fore! 
 
 Southward 
 
 -."■^m^ 
 
 'N*»i«a*^si9^^**^**' 
 
eyor, who 
 
 the form 
 
 be returns 
 
 is imme- 
 
 the go- 
 
 abfolute 
 
 IS very 
 
 lant the 
 or deny 
 
 in Vir- 
 I all the 
 not in 
 
 ( *5 ) 
 
 Southward of Maryland, or Northward of 
 New- York, 
 
 Many of the laws which were in force 
 during the monarchy being merely appli- 
 cable to the fuperintendant government of 
 Great-Britain, and inculcating principles in- 
 confident with republicanifm, it is faid to be 
 in contemplation of Congrefs to foi-m onege- 
 neral code or body of laws, making the com- 
 mon law of England the bafis of the work, 
 but whether they will reduce it to a text or 
 leave it to be collefted from the ufual monu- 
 ments of it, or which would be beft, is 
 matter both of doubt and difficulty *. 
 
 * See Jcfferfon't notes oa Virgiaia uA tbe Uwi •£ th» 
 State* ia general. 
 
 1! 
 
 J 
 
 )ngrers 
 zation 
 ptcies 
 refent 
 fome 
 rs are 
 force 
 ward 
 
 £ 
 
 CHAP. 
 
( =6 ) 
 
 i, J.; 
 
 '% 
 
 C II A P, II. 
 
 
 0/ the JurifdiBion of the Courts of 
 Weftmwjter-Hall, over thofe of the 
 Briiifh IJlands and Provinces, and 
 of the State and JurifdiElion of the 
 
 United- States, 
 
 u (ft 
 
 t Burr. Rfp. 
 856. King,v. 
 Cowlc. 
 
 np H £ Court of KI g's-Bench can fend 
 
 -*■ a writ of Habeas Corpus . io i\\t plan^ 
 tations. 
 
 But notwithftanding this power, where 
 they cannot judge of the caufc or give 
 relief upon it, they would not interpofe. 
 Therefore on imprifonment in the plan- 
 tations, Lord Mansfield faid, he had known 
 complaints to the King in council, and 
 orders to bail or difcharge, but he did not 
 remember any '' ation for a writ of 
 Habeas Corpus, yet cafes have formerly hap- 
 pened of perfons illegally fent from hence, 
 and detained there, when a writ of Habeas 
 Corpus out of the Kings'-Bench in England 
 would be the molt proper and effeftual 
 remedy. 
 
 Upon 
 
 i 
 
 ^•^i^^ 
 
 pi^jrr*-^. 
 
• 'SI 
 
 ( 27 ) 
 
 Upon a proper cafe, writs of Mandamus l"^' ^A?- 6. ;« 
 
 tr r r ^ Com. Rep ao, 
 
 Frohibition, Habeas Corpus^ and Certiorari. 29. cauin-s 
 
 ■* , _ Cafe. Vaugh 
 
 may iflue to every part of the dominions R.sgoio*' 
 of the Crown of England. There is no 
 doubt as to the power of the court, the only 
 qu'^ftion is as to the propriety. 
 
 The refpeftive a£ls of AlTembly for ella- k. b. & c, b- 
 
 , ,.n . P • , i" St. Chrifto. 
 
 bhOiing courts of Kmg's-Bench and Com- phcrs&Ncvi*. 
 mon-Pleas, in the Iflands of St. Chriftopher 
 and Nevis, referve the jarifdidion of the 
 court of King's-Bench in England. , 
 
 .Ji 
 
 Lord Mansfield faid, in the cafe of Moftyn and 
 Moftyn and Fabrigas, •' Wherever there is ^ ' ' 
 " a quelUon between two Britifh Provinces 
 *' in America, it muft be tried in England." 
 
 The iudges of the courts in England i"*- show. 
 
 ^ ^ . ° Pari. C. 30. 
 
 determine all cafes that arife in the planta- 33- 1 Atkym 
 
 543' 4' 
 
 tions, &c. and they mufl: inform themfelves 3. 589. 
 
 by having the law ftated to them. Yet there 107.8. 
 may be fome cafes abroad which may not 
 be fit to be tried here. 
 
 itttes. 
 
 See further upon this fubjeft, the trial of F«^rther autho, 
 Moftyn and Fabrigas throughout. Salk. 
 Rep. 411. 666. 4. Mod. R. 222. 2. P. 
 Williams, 75. 6. Vaughan R. 290. 402. 
 2 Lord Raymond, 1447. 8. Spirit of Laws 
 
 Z 2 B, 21. 
 
igfe 
 
 ( »8 ) 
 
 B. 41, Ch. 17.— —In Showcrs's Pari. 
 Cafes 30. 31. in the cafe of Button and 
 Howel, it it faid, " Though a matter may 
 ♦' juftify a governor for an aft done in hi« 
 ** government, which wou^pl not juftify him 
 *' for the fame aft done in England, yet 
 ** the governor muft flievv that he has 
 *' purfued the rules of law in that place, 
 " or in cafe of no pofitive laws, the rules 
 *' of natural juftice ; for either the com- 
 ** mon law, or new inftituted laws, or na* 
 " tural equity, muft be the rule in thofe 
 " places." 
 
 1 
 
 I 
 
 Gr'^y ..fCioi^a ^^ ^"X country in which torture and ba- 
 andfabriga,, nifhment are the law, fliould come into the 
 
 poffeffion of Great-Britain, thefe punifh, 
 
 ments fall of courfe, 
 
 Courts in the 
 United-States. 
 
 \ ' 
 
 In the United-States the ftyle of the 
 courts of juftice and the extent of their 
 • jurifdiaion differ confidcrably. In fbme of 
 the States'they have what is called the Ge^ 
 neral Court, inverted with powers equal to 
 thofe of the court of King's-Bench in 
 England. In others they have courts ftylcd 
 the Superior Court and court of Common- 
 Pleas, (exercifing both civil and criminal 
 I jurifdiaion.) And there arc fome Colonies 
 / in the Weft- Indies in which pleas of the 
 
 crown 
 
( ag ) 
 
 crown are cognizable by a grand feflions, 
 and civu inatkrs by ;. tJilHn6l court, called 
 the Co;nm n- J^Ieas I.i lume of the United- 
 Stairs, <'3s in the Carolinas, Virginia, Ma- 
 ryiat'd., Connefticut, and New-Hampfhire,) 
 tney have courts in each county which 
 decide queftions of property to a large 
 amount, but with an appeal to the Superior 
 Court which decides matters in the firft in- 
 ftance fufually where the demand is not 
 lefs than ()7ie hundred pmnds,) that exceed 
 the jurifdidion of the county courts. In 
 others, (as in Pennfylvania, New- York, 
 New-jerfey. and Maffachufetts,; the judges 
 of the fuperior courts uke their refpeftive 
 circuits through the States twice a year. 
 In lome of the iitates there are courts of 
 chancery, (as in the Carolinas, Virginia, Chanctry, 
 New- Jerfey, and New^York,)in others not, 
 but the judges are invefted with powers of 
 cquitizing, fimilar to thofe of a chancellor. 
 From the decifions of the chancery the ufual 
 ;appeal is to the governor and council. 
 
 From the decifions of the court of chan- 
 cery (in the Britifh Provinces and the Wdt- 
 Indies,) an appeal lies to the King in coun- 
 cil in England, to whom the proceedings 
 piwft be tranfmitted, and the party appeal- 
 ing 
 
 Appeal, 
 
 ■ j4iSSii. 
 
[/■. 
 
 ( 30 ) 
 
 tLd.Raym. j^g jjiuft procced Within a year after the 
 1447* 
 
 appeal is allowed. 
 
 But a cau^e cannot be tranfmitted from 
 difficulty, but muft be determined one way 
 or other. 
 
 '-^i 
 
 I 
 
 •<■,?,' 
 
 Canada, 
 •onAitution; 
 
 Vanish. R. A writ of error lies to reverfe a judg- 
 
 ago. 402 . ... , , 
 
 Show, Pari, ment in any or the aominions belonging to 
 
 «afes. 33. -c 1 J ' 
 
 England. 
 "Nova-Scotia, The commott law is edablilhed in the 
 
 Ncw-Brunf- . ,. -, /> • 1 kt t3 T 
 
 wick, and Ca- provmccs of Nova-Scotia, and New-iSruni- 
 wick, and by the 14th Geo. 3. c. 38. 
 the criminal law of England, in Canada 
 alfo, The conftitution of this province is 
 founded on the ftatute of the 14th Geo. 3. 
 called the Quebec Bill. By that bill the 
 legiflature is vefted in the governor and 
 legidative council. The council is com- 
 pofed of the lieutenant-governor, chief- 
 juflice, and fecretary for the time being, 
 and izue7Uy other members. They are ap- 
 pointed by the crown and receive each a 
 falary of one hundred pounds per annum. 
 They confill of near one half French mem- 
 bers. Their power extends to all the ne- 
 ceflary purpofcs of government except the 
 levying taxes which the ftatute inhibits. 
 
 The 
 
 ^ ; 
 
 ." 
 
The 
 
 «i|t 
 
 ( 3' ) 
 
 The laws * declared to be in force by uws, 
 the Quebec Bill for the determination of 
 civil rights, are thofe which were in force 
 under the French government before the 
 Gonqueft. They are oppreflTive and are 
 altogether incompetent to the prote6tion of 
 their civil and commercial rights. 
 
 The real property of the province is held Tenure of real 
 under the feudal tenures which exifted when ^™'^"'^' 
 it was under French dominion and by thefe 
 tenures the inhabitants are held in a ftate of 
 vafTalage. 
 
 The form of government in Nova-Scotia Ncw-Brunf- 
 
 is copied from that of England The 
 
 governor (who is appointed in England,) re- 
 prefents the fovereign, whofe aflent is ne- 
 ceflary to conftitute a law. He nominates 
 a council analogous to our Houfe of Lords, 
 
 II 
 
 wick. 
 
 * It is expeftcd the common law of England will Ihortly be 
 introduced in Canada, the fame as in other provinces, in lieu of 
 that vague, indeterminate, capricious, tyranical, and execrable 
 fyftem of jurildidion that at prefcnt prevails there. — No maa 
 at prcfent knows what the law is in Canada. The praftifcr* 
 indifcriminately cite an Englifh ftatutc, the civil, canon, and 
 common law, and even the Fredcrician code ai authoritie* of 
 equal weight 
 
 The conflitutif)n has been alfo greatly complained of, and 
 feveral pctitious have been prefented for the Repeal of the 
 Quebec Bill, and for a liberal conftitution fwiiUr Jo thofe oi 
 the other Coloitic*. 
 
 and 
 
 ^!^a:^ 
 
( 3« ) 
 
 and reprefehtatives of the people are chofeh 
 from the freeholders and burgeffes of the 
 counties, like the Commons of England. 
 
 Kew-Brunf. 
 vrick. 
 
 The governor's power formerly extended 
 not only over the Peninfula, but alfo to the 
 ifland of Cape-Breton, and to that traft of 
 country which reaches from the Bay of 
 Fundy to the South fhore of the river St. 
 Laurence. Great-Britain wifely confidering 
 the inconvenience refultingfrom the diftance 
 of the courts of law and houfes of legifla- 
 tion, has fince divided this province into 
 two diftinQ governments, and given to the 
 latter (now denominated Ncw-Brunfwick,) 
 the fame conftitution and laws. 
 
 Praftice of th« 
 courts. 
 
 The mode of praBice in the courts of 
 both thefe Provinces are as near as pofliblc 
 fimilar to thofe of Weftminfter-Hall. 
 
 Judicial pow- By the late conftitution the judicial power 
 fuVr'eme'rouTt' of thc Unitcd-Statcs is vcftcd in onc Su- 
 fels appobTed prcmc Court, and in fuch inferior courts as 
 bycongref.. Qongrcfs fhall eftabliOi, the judges thereof 
 holding their offices during good beha- 
 viour, &c. 
 
 Bxtent of jurif- 
 
 The judicial power extends to all cafes 
 in law or equity arifiiig under the conftitu- 
 tion, 
 
f 33 ) 
 t^on, the laws of the United-States, and Treatiei. 
 treaties made under their authority. To 
 all cafes affeciing ambaffadors or other Ambaffadors 
 public minilters and confuls ; to all cafes 
 of admiralty and maritime jurifdiQion ; to Admraity. 
 controverfies to which the United-States State -ontro- 
 
 vcrfics &C' 
 
 fhall be a party ; to controverfies between 
 two or more States, between a State and 
 citizens of another State ; between citizens 
 of dilfcrent States ; between citizens of the 
 fame State claiming lands under the grants 
 of diffetent State:;; and between a State 
 or the citizens thereof, and foreign States, 
 citizens or fubjctls. 
 
 ■\ 1^ 
 
 In cafes a^cfting ambaffadors and other Confuisand 
 
 . other public 
 
 public minilters and confuls, and thofe in minifters. 
 which a State arc party, the fupreme court ^!^SS!^ 
 has original jurifdiaion. In all cafes be- ^eUarel""' '^' 
 fore-mentioned, the fupreme court has ap- 
 pellate jurifdi6lion both as to law and fa6l. 
 
 The trial of all crimes, except in cafes of J''''i'>'>'^y' 
 
 r &c ol: all 
 
 impeachment, are by jury, and fuch trial crincstxept 
 mult be in the State where the crime is 
 committed, except in cafes of impeachment, 
 and when not committed in any State, where 
 Congrefs direQs. 
 
 { 
 
 F 
 
 The 
 
 A 
 
^ il: 
 
 ( 34 ) 
 
 Vnited-itates. The common law of England feems ti> 
 have been g- opted by general confent 
 throughout iu^ United-States, under the 
 modification of the municipal laws diftin6l 
 and peculiar to each, except where a differ- 
 ence of condition and local circumftances 
 have made them improper, unnecelTary, or 
 inapplicable. 
 
 The adoption of the ftatute law is gene- 
 rally throughout the States extended to the 
 reign of King James, and all afts previous 
 to that period — but noi to Jubfequent JlatuteSy 
 unlefs particularly named or recognized by 
 the legiflature of the country, whofe afts and 
 ordinances during the monarchy are di- 
 gefted into codes, which, with the municipal 
 law, forms the prefent fyftem of jurifpru- 
 dence throughout the United-States *. 
 
 * S.e a pamphlet entitled, " The conduft of C. Colden» 
 Efq. lieutenant-governor of New York, 1767, relating to judgts 
 iommiflioiUjappcaU to the King, &c. 
 
 CHAP. 
 
 .:\, 
 
 r 
 
 il'] 
 
 f 
 
 ^<S3fi-mi 
 
 / 
 
( 35 ) 
 
 CHAP. III. 
 
 or 
 
 Of the Commercial Regulations in the 
 United-States, Thofe to which the 
 United-States were fubjeBed before 
 the Revolution, with fuch Alter- 
 ations as have Jince taken place. 
 
 IT is a fundamental law of Europe, that 
 all commerce with a foreign Colony 
 fhall be regarded as a mere monopoly, pu. 
 nifhable by the laws of the country ; and in 
 this cafe we are not to be dire6led by the 
 laws and precedents of the antients which 
 are not applicable *. 
 
 F 2 It 
 
 * The antients, very much reftriftcd the trade of thcrr 
 colonies. Wc arc in a great mciifure ignorant of their 
 civil conftitution, commerce, and laws; enough however 
 remains to prove, that their alfumed jurifdidlion over them wai 
 very great. — The mod authentic documents on tW» fubjeft are 
 the treaties between the Romans and Carthaginians, which 
 
 breath the true fpirit of modern commerce. Sec Polybiu* 
 
 Lil). 3.ch. 22. 
 
 It is tJuis tranflated by Casaubon. " Amicitia Romani* 
 
 •» & ilomauorura fociu, cum populo Carthagiaienfi, Tyriii 
 
.( 
 
 ( 3<5 ) •' ; 
 
 ?p. Laws. It does not include a permifTion to trade 
 
 b, 21. ch. 17. . ' 
 
 in the Colonies, for thefe always continue 
 in a ftate of prohibition *, 
 
 The 
 
 " ct Uticenfibus eorumque fociis, his legibus eftoi Romani 
 " ultra pulchrum promontorium, malHam, &. larfeium pridas 
 
 • ne faciuiUo; ad meic^ .am tie eunto, uibcm nullam con- 
 ' dunto. Si in Latiouibcm aliquam Carthaginiciifes ccpcrint, 
 
 " quae fubditione Romanorum non crit, pccuniam et Caplivos 
 " ipfi habcnto; uibcm rcddunto. Si qui Caithaginienfmin 
 " ahqiios ccpcrint queifcumquc facdere fciipto juiifti fint 
 " Romani; qui tamen fub Romanorum Imperio non erunt 1 
 *' hos in populi Romani portus nc dcducunto; fi quis erit 
 " dcduftus, et manuni Romanus injcccrit, liber cfto. Eodeni 
 " jure et Romani tcnentor. Si Rcmanus ex alit^ua rcgione 
 •' quae lub imperio Carthaginienfium crit aquam commeatufve 
 " fumpfcrit; cum bis comnieatibus ne cui eorum noeeto qui- 
 " bufcum pax et amicitia cil Carthaginicnfibns * * « * facito, 
 •' Si qua injuria alicui fafta crit, privato nomine ejus perfccutio 
 " necuiquameflo; fed ubi talc quid admifcrit aliquis, publicum 
 »' id crimen cfto. In Sardinia ct AtVira ncquc negotiator 
 *' quifquam Romauonnn, ncquc uibem condito ; neve co 
 *' appillito, nifi comnicatus accipicndi gratia, vcl navcis rcfici- 
 '• endi, fi tcmpeftas dctul. rit, intra dies quinque exccdito. In 
 *' Sicilia, ubi Carthaginicnfcs imperavcrint, item Carthaginc 
 «« omnia Romanus facito, vcmlito, quae civi liccbit. Idem 
 ♦' Roinae Carthaginienfi jus cfto." 
 
 y/iis treaty is in fimc places imperfecl, Polyhius fuhplies in the 
 following tenor what refers to the allies of Rome. 
 
 Similiter Romani cavcnt nc fial injuria Ardcatibus, Antiatibus 
 
 Circcienfibus, Janaciiicnfibus; haec autem funt oppida Latli 
 
 maritima, quae legibus liujus foederis volunt cde com- 
 prehenfa. 
 
 * The conncflion between the various colonies of the Ame. 
 rlcan empire of Britain arofc from their being territories of 
 
 I 
 
■: ' ( 37 ) 
 
 The difadvantage of a colony that loofes 
 the liberty of commerce is compenfated by 
 the mother country. 
 
 When a foreign commerce with a Co- 
 lony is prohibited, it is not lawful to trade 
 in its s. Nations (who are with refpeft 
 to the univerfe what individuals are ip a 
 State,] like thefe are governed by the law 
 of nature, and by particular laws of their 
 own making. One nation may alfign to 
 another the :d as well as the land. 
 
 Selden, in his Mare Claufum, has proved 
 
 the fame State. When the independence of the United-States 
 was recognized they became foreign countries zuith regard to the 
 remaining plantations 'of Great-Britain ; — and the citizens of the 
 one, and the plaiiteis of the other, who had once been fellow 
 fiihjcds i,f the fame cominunity, became aliens with refpeEl to 
 tack other. The afts of Parliament which prohibited all future 
 commerce between regions that had once been bound in the 
 fame compaft, only enforced the original fyjltm which the law 
 
 of nations had always enjoined. See Chalmcr^i's opinion, 
 
 page 43« 
 
 It requires only a fhort recapitulation to trace up the rife of 
 that fyllem to m trucfource. The policy of Spain, fays Lord 
 Bacon, was to keep the trade of the Indies under fuch lock 
 and key as both confederates and fubjefts were excluded com- 
 merce with tiiefe countries. Portugal caught the fame jealous 
 fpirit ; and France and England followed their example,— 
 and hence the maxim laid down by Montefqueu ! 
 
 that 
 
 slA 
 
 PI 
 V1| 
 
r ft 
 
 ^ 
 
 ▼iugh's. 
 Rep. 188. 
 
 ( 38 ) 
 
 that the fea is capable of occupancy and 
 dominion naturally as well as the land. 
 
 ?P^!n7he w If '^efe principles are admitted, it be- 
 • free.ua'(k "^ comes a queftion of curious and interefting 
 enquiry, how the American government 
 fupport their claim to ^ free-trade ? 
 
 / 
 
 They muft derive their right either from 
 the law of nature or nations. If, from the 
 firft every foreign nation, (fays Vattel,) may 
 decline the commerce they difapprove, with- 
 out affigning even a motive — which confines 
 them to fuch only as are willing to trade 
 with them. If, from the latter, it is an- 
 fwered, — That by the common confent of 
 all European powers , it is a principle very 
 early eftablilhed, that the trafic of every 
 Plantation or Colony belongs to that State 
 which originally formed it. The law of 
 nations has uniformly prohibited the inter- 
 courfe of one foreign country with the 
 Colonies of others. 
 
 *f 
 
 Statutes, Orders of Council^ &c. Relative 
 io American Cammerce. 
 
 
 itCar.s.c.18. 
 
 13 Y 12 Cr. 2.C. i8.no fugars, tobacco, 
 -*^ cotton, wool, indicoes, ginger, fuftick, 
 or other dying wood, of the growth and 
 
 produce 
 
( 39 ) 
 
 produce of the Englifh plantation, fhall be 
 exported from thence, to any other place, 
 than England ; on forfeiture thereof* 
 
 Ships of England failing to any Englifti 
 plantation fhall be bound with fureties to 
 bring goods there loaded into England, 
 Ireland, Wales, or Berwick, fbid. 
 
 13 
 
 I 
 
 >» 
 
 By 15 Car. 2. c. 7. no commodities i5Ctr.«.«. y. 
 of the growth and manufafture of Europe 
 fhall be imported into any Britifh plan- 
 tation unlefs fliipped in England, and in 
 Englifh built fhipping, with the mafter and 
 thiree-fourths of the matiners Enghfh *. 
 
 i. 1 
 
 * See Blackftone's Comment. 4.18. c. ai.Geo. 3. c. li. 
 Scobel. 132. 176. Mod. Univ. hift. 41. 289. The moftbene- 
 ficial 361 for the trade of England is the Navigation a£l, th* 
 rudiments of which were firft produced in 1650. This pro- 
 hibited all fliips of foreign nations from trading with any 
 Engliih plantations without licence from the council of (late. 
 In 1651, the proliibition wa.* extended alfo to the mother 
 country, and no goods weri fuffered to be imported into 
 England or any of its dependencies, in any other than Englifh 
 bottoms; or in the *' -^ of the European nation of which the 
 merchandize impo as the genuine growth and manufaflure 
 
 At the Reftoration l.ic former provifion in 5 Eliz. c. 5. f. 8. 
 were continued by 12 Car. 2. c. i8. that the mafter 
 and thrce-fourthi of the mariucrt (hall alfo be Engliih 
 ful)j«:^«. 
 
 Ships 
 
See obfcrvatl- 
 cm in the Let- 
 ters of the 
 Pennfylvanian 
 Farmer, &c. P. 
 13. 14. 18.51. 
 
 ( 40 ) 
 
 Ships navigated as this a6l requires, 
 may lade in any part of Europe, fait for 
 the fiflieries of Newfoundland, wines in the 
 Madeiras and Azores of the growth there- 
 of, fervants or horfes in Scotland and Ire- 
 land, all forts of viftual of the growth or 
 produce thereof, and tranfport the fame to 
 any of the plantations. Ibid. 
 
 1 
 
 Inventory, &c. Every perfon importing goods to ar.y of 
 the plantations, fhall deliver the governor 
 of fuch place, v;ithin twenty- four hours an 
 inventory, and not lade or unlade until 
 delivery thereof, on forfeiture of fhip and 
 goods ; and governors fhall take an oath to 
 obferve this a6lj and if they offend againft 
 it they are to be difablcd, and alfo forfeit 
 one thoiifand pounds. Ibid. 
 
 \ ■ 
 
 Duty of Offi- 
 «crs, &c. 
 
 SM-(OikU. 
 
 Officers of the cuftoms fuffering fuch 
 
 goods from the plantations, to be carried 
 into any other country, before unladen in 
 
 Efigland fnall be rli fabled, and forfeit the 
 
 value of the goods. Ibid, 
 
 Sea-coals may be fliipped to any of the 
 plantations, from any port of England, 
 according to this a6t, paying the duties. 
 Ihid. 
 
 T^r 
 
 I ' 
 
 ^ * 
 
 -•^ ,>' 
 
{ 4- ) 
 By 22 & 25 Car. 2. c. 26. plantation " * 'J <^«'- 
 goods Ihall be bought and unladen at. fome 
 port in England, and the word Ireland fliall 
 be omitted in the bonds be taken for 
 that purpofe. 
 
 i^ 
 
 Governors of the plantations fhall return Dutyofgovcr* 
 yearly to the cuftom-houle, a lift of all °°"'^'* 
 the fhips loading therein, and any fhip un- 
 loading fugars, tobacco, cotton, wool, in- 
 dicoes, ginger, fuftic or other dying wood, 
 except in England, fuch fhip and lading (hall 
 be forfeited. Ibid, 
 
 
 By 25 Car. 2. c. 7. all veflels taking «5Car. 
 goods on board in :' e plantations not 
 giving bond to unload the fame in England, 
 for the rates of cuftoms there, fhall pay 
 for fugar, white Jive /hillings the hundred, 
 brown fugar one-J/iilling and Jix-pence, to- 
 bacco one-penny per pound, cotton wool one 
 halfpenny, indico two-pence, ginger the 
 hundred one Jliilling, for logwood Jive 
 pounds, and for fuftickor other dying wood 
 jix-pence, and for every pound of cocoa nuts 
 one-penny. 
 
 &• c. 7. 
 
 By 7 & 8 Will. 3. c. 22. goods fhall not 7 & 8 w. 
 ' G be 
 
 C. 28. 
 
 N 
 
 i 
 
 •1 
 
u 
 
 h 
 
 Sovernori 
 
 oath. 
 
 ( 4? ) 
 
 be imported or exported to or from the 
 plantations but in fliips built in England, 
 Ireland, or in the plantaiions, except prize 
 flr.ps, and foreign fhips rniployed for three 
 years to bring in naval Ilures, on forleiture 
 of fhip and goods. 
 
 Governors of Englifh plantations fliall 
 take an oath to oblerve all ads relating to 
 the plantations, and on negica fhall be re- 
 moved from their government and forfeit 
 one thou/and pounds. Ibid, 
 
 Wavai officers, Naval officcrs in the plantations fliall give 
 fecurity to the commifEoners of the cuftoms 
 in England, for performance of their duiv, 
 and in default fliall be difabled, and go- 
 vernors in the interim fliall be anfwerable. 
 Ibid. 
 
 t :, 
 
 •hips, &c. Ships coming into or going out of the 
 
 plantations arc liable to the fame rules, and 
 officers of the revenue there fliall have 
 the fame power as officers in England. 
 Ibid, 
 
 rarftitures. One-third of the forfeitures, not always 
 
 difpofed of fliall be to the king, another to 
 
 the 
 
 l\ 
 
 \ 
 
 .V. 
 
t- 
 
 { 43 ) 
 
 the governor of the plantation, the other to 
 the prolecutor. Ibid, ' ' 
 
 No goods fhall be ffiipped, notwith- Security, iin 
 Handing payment of duties, in the planta- 
 tions, before fecurity given as required, oil 
 forfeiture of fhip and goods. Ibid, 
 
 All laws and ufages in any of the plan- 
 tations repugnant to any lav/ made in 
 England, are declared to be illegal and 
 void. Ibid, - r 
 
 Laws of E«g- 
 land, &c. 
 
 Commiffioncrs of the treafurv and of the Po^^'^of com. 
 cultoms m England, may appoint officers of 
 cuftoms in any of the plantations, and on 
 an aftion concerning his Majefty's duties 
 brought thsre, the jury {half be natives of 
 England, Ireland, or plantations, and the 
 offence may be laid in any colonyc 
 Ibid, 
 
 All places of truft in the courts of law, Place, of truft, 
 or relating to the treafury of the iflands, *'* 
 ihall be in the hands of the natives of 
 England or Ireland, or of the iflands. 
 
 Ibid. 
 
 The fureties in bond-, given in the plan- Surttio, 
 G a tations 
 
^ 
 
 I ii ) 
 
 tantions as required fhall be of known re- 
 fidence and ability there. Ibid. 
 
 Unding ict. Produd of the plantations fliall not be 
 put on fhore in Scotland or Ireland, but in 
 bad weather, unlefs the duties are paid in 
 England ; on forfeiture of fhip and goods. 
 Ibid. 
 
 % k T' 
 
 k 
 
 \ 
 
 \ 
 
 Sales, &c. 
 
 S'nipSi &r. 
 
 Perfons fhall not fell any property under 
 letters patents to any other than fubjeas of 
 England, and all governors nominated fhall 
 be approved of by the king, and take th« 
 oaths, Ibid. 
 
 To prevent colouring foreign fhips under 
 EngHfh names, Englifh built fhips, prize, 
 and foreign fhips allowed, fhall be regiftered 
 at the cuftom-houfe. Ibid. 
 
 11 Will, j.c* 
 
 it. 
 
 It does not extend to open boats ufed on 
 rivers, and fhips names changed fliall be 
 entered again. Ibid. •" 
 
 By 11 Will. 3. c. 12. oppreffion or 
 other offence contrary to law, committed 
 by governors or commanders in the plan- 
 tations may be tried in the King's-Bonch in 
 £ngland, or before commiffioncrj. 
 
 Br 
 
( 45 ) 
 
 ^y 3 *^ 4 Ann. c. 5. rice and molafles, «*4 Ann.^ 
 produced in the plantations, fhall be under 
 like fecurities, as othe- olantation goods. 
 
 By 6 Ann. c. 30. the rates of foreign 6A!ui.c.|&k 
 coins in the plantations may be afcertained 
 by royal proclamation, and perfons paying 
 or receiving at a higher rate, Ihall be im- 
 prifoncd fix months and forfeit ten pounds. 
 
 By 1 Ann. c. 10. plantation bonds, on tAm.xna, 
 default of profecution, within three years, 
 are void, and fliall be delivered up. 
 
 By 10 Ann. c. 22. all prize goods taken »o Ann. cat,, 
 in America and imported, are liable to the , 
 
 plantation duties. 
 
 By 4 Geo. 1. c. 11. merchants and 4GC0.1.C.41.. 
 others may contraft with perfons of the age 
 ol jiftun, to ferve in any of the American 
 plantations for eight ytdx^, provided fuch 
 perfon acknovledge his confent before 
 the lord mayor of London, or juftice of 
 peace, and fign the fame. 
 
 By 8 Geo. 1. c. 15, beaver fkins, and 8Geo.i.c,»rj 
 other furs of the produce of the plantations 
 in Alia, Africa, or America, fhall be im^ 
 
 ported 
 
 Br 
 
 '■^1 
 
^■ 
 
 
 
 t!S 
 
 \' 
 
 ( 4^ ) 
 ported from thence direftly into Great- 
 Britain. 
 
 4Geo. 8.C.J5. ^y 4 Geo. 2. c. 15. all goods of the 
 produce of the American plantations may- 
 be imported from thence into Ireland, in 
 Britifh fliips, duly navigated, except fugars 
 tobacco, cotton, indico, ginger, fpeckle 
 wood, or Jamaica wood, dying woods, rice, 
 molalfes, furs, copper ore, or naval ftores. 
 And by 5 Geo. 2. c. 9. hops from 
 Flanders. 
 
 iGeo.a.c. 7. By 5 Geo. 2. c. 7. debts owing in the 
 plantations to his Majeity, or where any 
 perlon refiding here (bail be a party, may 
 be proved by affidavit before a chief ma- 
 giftrate. 
 
 Houfes, lands, and negroes in the plan- 
 tations, fliail be liable to faiisfy all debts. 
 Ibid, • 
 
 iCco.a.c.M. By 5 Geo. 2. c. 22. no hats or felts 
 fhall be exported out of any of the Britifh 
 plantations, on forfeiture thereof, and five 
 
 • ' ■ hundred pounds on the offender or officer of 
 
 cuft(v IS conniving, and Jortj> pounds on 
 perfbns knowing thereof. 
 
 f 
 
 1 ■ 
 
 I 
 
 I 
 
 IS 
 
 tj 
 
 If < 
 
 4 
 
 None 
 
 <* 
 
 }\ 
 
-reat- 
 
 ( 47 ) 
 None fhall work hats or felts in tVie Hat-makinj. 
 plantations, but fuch as have fcrved an 
 apprenticefliip for feven years, nor fhall 
 they have more than two apprentices atone 
 time, or employ negroes' in hat making, 
 on pain of Jive pounds a month ; but Tons 
 may work at their father's houfes, being 
 bound apprentice for feven years. Ibid. 
 
 By 6 Geo. 2. c. 13. all rum and fpirits, 6Geo. i.e. i|. 
 made in any foreign planiations in America, 
 on importation to the Britifh plantadons, 
 fhall pay nine pence per gallon, (and three- 
 pence per gallon for molajfes and fynips, 4 
 Geo. '^.c. 1^.') and five JhillingspQr hundred, 
 for fugars and peneles, amended, additional 
 duties impofed, and made perpetual, by 4 Geo» 
 3. c. 15. 
 
 To be under the management of the Landing, &e. 
 cuftoms and excifc, anu landing before 
 entry, is a forfeiture of the goods. Ibid. 
 
 No fugars except the produce of his sugars, &?, 
 Majelly's plantations, fhall be imported into 
 Ireland, but only fuch as fliall be fhipped 
 in Great-Uritain, on forfeiture thereof; 
 and perfons affifting therein, are to forfeit 
 treble the value. Obltrufting the officers, 
 is a penalty o^ Ji/ty pounds, and three months 
 
 imprifonment; 
 
 I 
 
'l 
 
 
 i 
 
 I. !" 
 
 ■■•N. 
 
 Brawback. 
 
 Limitation. 
 
 tt Geo. aiC. 
 
 is- 
 
 #3ath, Sie. 
 
 Kntry. 
 
 ( 4C ) 
 
 imprifonment ; and officers conniving are 
 to ^OT^cM fifty pounds, and be diTabied ; and 
 maftcrs offending againfl; the aft, are to 
 forfeit one hundred pounds, and proof lies on 
 the claimer. Ibid. 
 
 A drawback of the duties on fugar im- 
 ported from the liritifh plantations, fhall be 
 repaid on exportation within the year. Ibid. 
 
 Profecutions on this aft muft be within 
 two years, and it does not extend to Spanifli 
 or Portugal fugars. Ibid. 
 
 By 12 Geo. 2. c. 35. continued by 26 
 Geo. 3. c. 53. till September 29, 1792, 
 his Majefty's fubjefts in any Britifli fhip, 
 navigated according to law, belong g to 
 Britifli fubjefts, clearing outwards from 
 Great-Britain, by licence from the com- 
 miffioners of cuftoms, may carry fugars 
 from the American colonies direftly to 
 foreign parts. 
 
 Oath to be taken that the fhip belongs to 
 Britifli fubjefts before licence given ; and 
 taking in foreign goods, is a forfeiture 
 therereof. Ibid. 
 
 Previous to the lading fugars at the faid 
 
 colonics, 
 
 ( • 
 
iving are 
 ed ; and 
 , are to 
 )f lies on 
 
 fugar im- 
 , {hall be 
 ;ar. Ibid. 
 
 e within 
 ) Spanifli 
 
 ;d by 26 
 
 h 1792, 
 ifh fhip, 
 
 ng g to 
 ds from 
 le com- 
 y fugars 
 e6ily to 
 
 longs to 
 sn ; and 
 >rfeiture 
 
 he fa id 
 olonics, 
 
 ( 49 ) 
 
 colonies, entry fhall be made with the pro- 
 per officer, who is to deliver a cocket, and 
 the mailer fhall have a licence and certi- 
 ficate, before the vefTel departs, to be de- 
 livered on her return to Great-Britain, to 
 the commilBoners or colle6lor of the port. 
 Oath to be taken, and entry made : and 
 going to foreign parts, without touching at 
 fome port in Great-Britain, the licence 
 fhall be void, and liable to former penaU 
 ties. Ibid. 
 
 Officers of cufloms are empowered to DutyofCfi. 
 enter, examine, and unlade fufpefted fliips; ' 
 and in cafe there be no goods found on 
 board, but what are mentioned in the ma- 
 nifell delivered ; the officers to reload, and 
 repair damages. Ibid. 
 
 Sugars brought from the plantations, with Sugars. 
 licence, may be landed in Great-Britain, 
 on paying the duties. Ibid. 
 
 Sugars, with a licence, may be carried 
 to the Southward of Cape Finifterre, with- 
 out touching at Great-Britain. , Ibid. 
 
 On performing the requifites, the bond 
 to be difcharged, otherwife to be forfeited. 
 
 Ibid, 
 
 H 
 
 Ship 
 
(^ 
 
 I'nlading. 
 
 ( 50 J 
 
 Ship unlading fuch fugar., and taking 
 other goods, fubjea to entries, m 
 
 in 
 
 Seamen's 
 wages. 
 
 Fojfeiturc, 
 
 ^ Owners of (h,ps carrying a,ehfug,„.,„, 
 ° P^y «'>y (eaman n,orc than half their 
 wages before tl,cir re.ur,, home, JiiJ. 
 
 Any pen™, granting falfe eertihcate-s, al. 
 
 «<^"ng the licence or oalh to f r 
 
 7 7, v-w ui udui, to roricit /^;w/' 
 
 hundred pounds. Hid. 
 
 ■''—■. ^.>"3 Geo. .. c. ,. ,,, Majefty „,a, 
 
 -'"ne of war. grant charter/and e3: 
 n..ffion, to any (ociety. for tal<ing land 
 fort,,, and place, of «rcng,h, pon-effed by 
 
 " enemy., n any part of America, and the 
 'ame are alfu.ed to them and their heirs 
 
 No privateer in America, to take on 
 board a,,y fervant. .i.ho.,. confent o , 
 
 na r hut,„allcafe3toobfervetl,eW 
 ^^ tiiac country. /^/^^ 
 
 Fc^-eigners living /bven years in any of 
 
 Z f "' ''' ^'' '^'^-^^ --stives on 
 ^J the oaths, to be entered ' 
 
 «4 Geo. j.c, 
 
 and 
 
 cer- 
 
 % 14 Geo, 2. 
 fcriptions, transfers, a/fja 
 
 ^- 37' all unlawful fub- 
 
 gnments of flocks, 
 
 or 
 
 
may, 
 corn- 
 lands, 
 
 ( 5« ) 
 
 or pretended flocks in the plantations, fliall 
 be liable to like fines, penalties, and pu- 
 nifhments, as common nuifances. 
 
 By 15 Geo. 2. c. 31. mafters of veflels in ^5^*=°' •• ^ 
 the plantation trade, rcgillered, fhall give an 
 account upon oath, and loading or un- 
 loading goods, before proof of Englilh 
 owners, fuch veff^l ihall be forfeited. 
 
 Where certificate of the regifter of fuch Certificau io», 
 vefTil fliall be loft, the mafler may make 
 oath, and fliafl give fecurity that no illegal 
 ufe fliall be rrtade of the firft rcgifter, if 
 found, and may trade for one voyage after, 
 and then fhall rcgifter de novo. Ibid. 
 
 All plantation bonds fliall be made with a Bondi, &e, 
 condition to produce a certificate within 
 eighteen months, that the goods enumerated 
 have been landed and difcharged. Ibid. 
 
 \ 
 
 By 19 Geo. 2. c. 30. mariners be- 
 longing to privateers, or trading fliips, fliall 
 not be imprefled in the Weft-Indies, unlefs 
 they Ihall have deferted from his Majefty's 
 fliips, on pain oS fifty pounds. 
 
 igOeo* 
 30. 
 
 a. «» 
 
 or 
 
 By 22 Geo. 2. c. 3^. commiflioners under taGco.j.cgi 
 
 II 2 tho 
 
 i! 
 
*?' 
 
 ( 52 ) 
 
 the great feal may determine appeals from 
 *^e courts of Admiralty in the plantations. 
 
 t'jGco. t... By 23 Geo. 2. c. 20. raw filk of the 
 growth of the Britifh colonies in America, 
 may be imported without paying any duty, 
 In vcflels lawfully manned, and on oath, and 
 certificate. 
 
 \ 
 
 % 
 
 %i 
 
 \m 
 
 %.r 
 
 .4GC0...C. By 24 Geo. 2. c. 51. no duties fiiall be 
 paid on pot or pearl afhes imported from 
 the Britifh plantations. 
 
 »5 Geo. B.C. 6. By 25 Geo. 2. c. 6. the a£ls relating to 
 the atteftation of wills fhall extend to fuch 
 plantations, where 29 Car. 2. c. 3. is re- 
 ceived. 
 
 «§Gto.«.c.s. By 29 Geo. 2. c. 5. foreign proteftants, 
 receiving the King's commifTion to be offi- 
 ' cers, engineers, or the like, in regiments in 
 America, taking the oaths, and producing 
 certificates thereof, are enabled to fervc in 
 America only. 
 
 4G*o.3.e.i5. The 4 Geo, 3. c. 15. impofed duties on 
 fugar, indico, coffee, pimento, wines, 
 wrought filk, callicoes, cambricks, and 
 lawns, imported into the plantations, viz. 
 on foreign white, or clayed fugars, one . 
 
 pound, 
 
re- 
 
 ( 53 ) 
 
 found, two Jliillings per hundred ; indicOj 
 Jix-pcnce per pound ; coffee, two pound nine- 
 teen and nine pence per hundred ; Maderia 
 wines, [even pound per ton; Portugal and 
 Spanifli wines, /"fn/Z/iV/iw^s per ton; wrought 
 filk, bengals, and mixt with herba, twojhil- 
 lings; caHicoes, trvo Jliillings and fix-penct 
 per piece; cambrick, three Jliillings per 
 piece ; French lawns, three Jliillings per 
 piece ; coffee, [even Jliillings per hundred; 
 pimento, one halfpenny per pound. 
 
 By 5 Ceo. 3. c. 39. fpirits fhipped in ^Gco.j.cJjj, 
 America, fhall not be landed in the Ifle of 
 Man. 
 
 The coaft of Africa, from Sallee to Cape Coaiiof Afri^, 
 Rouge, was veiled in the crown, and the 
 trade laid open to all fubje6ls, c. 44. 
 
 Britiffi American iron and lumber, may Iron&UB»i>df' 
 be imported to Ireland, and lumber to the 
 Madeiras and Azores, or any part of Eu- 
 rope, fouth of Cape Finiflerre, upon giv*- 
 ing bond, and 23 Ceo. 2. c. 29. repealed, 
 c. 45. 
 
 Ships from Britifli American plantations Bond, «& 
 to give bond, as to molaffes and fyrups, 
 
 whether 
 
 
 \''j^ 
 
L* • 
 
 { 54 ) 
 
 whether the goods were laden there or not. 
 Ibid. 
 
 I 
 
 Boati,&c. Boats under twenty tons, may carry 
 
 goods the produce of America, and not lia- 
 ble to duties, from one colony to another, 
 without a cocket. Ibid. 
 
 (fS 
 
 Fees. The fees of officers of the cuftoms in 
 
 America, were by the fame a£l afcertained 
 and regulated. 
 
 7Geo.3.c.3o. Bv 7 Gco, 3. c. 3o. and 21 Geo. 3. c. 
 3o. till December 179^, fago powder and 
 vermicelli may be imported, duty free, from 
 the colonies in America. 
 
 iGeo.3.c.22. The 8 Geo. 3, c. 22. inllituted the court 
 of vice admiralty in America, for the re- 
 covery of penalties and forfeitures as to 
 trade or revenues there. 
 
 9GC0.3.C.38. By 9 Geo. 3. c. 38. the following prcmi- 
 ums were given on importing raw filk from 
 America, viz: from January 1, 1770, to 
 the fame time in 1777, ttuenty-Jive pounds 
 percent, to January 1, 1784, ixvcnty pounds 
 percent, and to January 1, 1791, fifteen 
 pounds per cent. 
 
 By 
 
 ^ {\ 
 
4 
 
 ( 55 ) 
 By 11 Geo. 3. c. 51. importers of rum V ^'^"' ^' *" 
 and fpirits from the plantations, may ware- 
 houfc the fame. 
 
 By 13 Geo. 3. c. 14. foreigners may lend 1^;^"°* ^" *^' 
 money on eftatcs in the colonies, at Jive 
 pound per cent, per ann. 
 
 Cocoa and coflce the produce of Domi- 9°'^°'^ ^ '^°^' 
 
 r tee, 
 
 nica, may be imported under the fame re- 
 gulations as fugar and rum from thence, 
 and one feventh part allowed on the coffee 
 in the hulk. 13 Geo. 3. c. 73. 17 Geo. 3. 
 c. 44. 
 
 Duty on negroes imported to Dominica, Negroes. 
 and exported from Jamaica, reduced from 
 thirty Jhillings to two JJiillings d^nd /ix-pcnce 
 per head, ij Geo. 3. c. 73. 
 
 Certificates and notes accepted by the Tenders, &c. 
 creditors of the public in America, as fe- 
 curities, to be legal tenders for debts due 
 to the public treafurcrs there. 13 Geo. 
 3- c. 57. 
 
 f1 
 
 4} 
 
 By 
 
 "^ t\ 
 
 By 18 Geo. 3.c. 12. the exercife of tax- »8« Geo. 3. c 
 ation over the Britifli colonies in North- *'' 
 America and the Wcfl-Indies, except for 
 
 the 
 
 'iiiif^iiirJa 
 
rirrEi: 
 
 / 
 
 Orders of the 
 King in council 
 relative to the 
 trade between 
 the fubjccts of 
 his Majelly's 
 dominions, & 
 the inhabitants 
 of the United- 
 States of Ame- 
 rica, made in 
 puifuancc of 
 the powers gi\- 
 cn to his Majcf- 
 ty, by 23 Geo. 
 III. 
 
 14th May, 
 
 ( 56 ) 
 
 the regulation of commerce, was given up 
 by parliament. 
 
 At the Court of St James s, the \.\th 
 May^ 1783. 
 
 PRESENT, 
 
 The Kings Mojl Excellent Majcjiy. 
 
 WHEREAS, by an aB of parliament 
 palled this iefiTion, entitled " An 
 AQ. for preventing certain inflruments 
 from being required from Ihips, belonging 
 to the United-States of America, and to 
 give to his iMajelly, for a limited time, 
 certain powers for the belter carrying on 
 trade and commerce between the fubjcBs 
 of his Majelty's dominions, and the inha- 
 bitants of the faid United-States." It is 
 inter alia, ei.aaed, That during the conti- 
 nuance of the faid aQ it fhall and may be 
 lawful, for his Majefty in the council, by or- 
 der or orders, to be ilfucd and publifhed 
 from time to time, to give fuch direc- 
 tions and to make fuch regulations with re- 
 fpeft to duties, drawbacks, or otherwife 
 for carrying on the trade and commerce 
 between the people and territories belong- 
 ing to the crown of Great-Britain, and 
 
 people 
 

 ( 57 ) 
 
 Ipfeople ai^ territories of the faid tJnited- 
 States, as to his Majefty in council fhall 
 appear moll cx;)edient and falutary; any 
 law, ufage, or cuftom to the contrary not- 
 withftanding. His Majefty d^ ih therefore, 
 by and with the advice of his privy coun- 
 cil, hereby order and direft, That any oil, 
 or any unmanuia£lured goods or mer- 
 chandizes, being the growth or production 
 of any tenitories of the faid United-States 
 of America, may, until further orders, be 
 imported direftly from thence into any of 
 the ports of this kingdom, cither in Bri- 
 tifh or American fhips, by Britilh fubje£ls» 
 or by any of tht people inhabiting in and 
 belonging to the faid United-States, or any 
 of them ; and fuch goods or merchandizes 
 fhall and may be entered and landed in any 
 port in this kingdom upon payment of the 
 fame duties as the Hke fort of goods or 
 merchandizes are or may be fubjcd and li- 
 able to, if imported by Britifli fubje6ls, in 
 Britifl* fhips, from any Britifli ifland or 
 plantation in America, and no other j not- 
 withftand-.ig fuch goods or merchandize, 
 or the fliips in which the fame may be 
 brought, may be accompanied with the 
 certificates or other documents heretofore 
 required by law. And it is hereby further 
 ordered and direfted, That there fliall be 
 
 I thp 
 
 ~^ ».ii--^ 
 
( 58 ) 
 
 ihe fame drawbacks, exemptions, and 
 bounties on merchandizes and goods ex- 
 ported from Great-Britain into the territo, 
 ries of the fame United-States of America^ 
 or any of them as are allowed upon export- 
 ation of the like goods and merchandize to 
 any of the iflands, plantations, or colonies 
 belonging to the crown of Great-Britain, in 
 America : — And it is hereby further or- 
 dered and direfted, That all American fhips 
 andvelTels which fhall have voluntarily come 
 into any port of Great-Britain fince the 20th 
 of January, 1783, fhall be admitted to an 
 entry, and after fuch entry made, fhall be 
 entitled, *'^5ether with the goods and mer- 
 chandizes on board the fame fhips and vef- 
 fels, to the full benefit of this order. And 
 the Right Honourable the Lords Commifli- 
 oners of his Majcfly's Treafury, and the 
 Lords CommifTioners of the Admiralty are 
 to give the neceffary direftions herein, a* 
 to them may refpetlively appertain. 
 
 W. FAWKENER. 
 
 4i 
 
 mi 
 
 m 
 
( 59 ) 
 
 At the Court of St. James's, the 6t^ 
 of May, 1783* 
 
 PR E S E N T, 
 
 The King's Moji Excellent Majefty iit 
 
 Council* 
 
 4t 
 
 
 
 I 
 
 i: 
 
 WHEREAS, by an a6l of parliament 
 paffcd this fefTion, entitled •« Ai> 
 Aft for preventing certain inftruments from 
 being required from (hips belonging to th» 
 United-States of America, and to give ta 
 his Majefty, for a limited time, certain 
 powers for the better carrying on trade an4 
 commei " between the fubje6ls of his Ma*, 
 jefty's dominions, and the inhabitants of the 
 faid United-States." It is amongft other 
 things enabled, Tliat during the continuance 
 of the faid a6l it fliall and may be lawful foK 
 his Majefty in council, by order or orders to 
 be ifl'ued and publiflied from time to time, to 
 give fuck regulations with refpeft to duties, 
 drawbacks, or otherwife for carrying oa 
 the trade and commerce between the peo* 
 pie and territories belonging to the crown 
 of Great-Britain, and the people and terri- 
 tories of the faid United-States, as to hi* 
 Majefty in council fliall appear moft exp6< 
 
 1 2 <Jien« 
 
 I 
 
■oep^ 
 
 
 I ^1 
 
 t 
 
 ( 60 > 
 
 dient and falutary ; any law, ufage, or cuf*- 
 torn to the contrary notwithftanding.— 
 His Majefty doth therefore, by and with 
 the advice of his privy council, hereby 
 order and dire6l, That pitch, tar, turpen- 
 tine; indigo, mails, yards, and bowfprits, 
 teing the growth and produftion of any- of 
 the United-States o^ America, may, until 
 further order, be imported direftly from 
 thence into any of the ports of this king- 
 dom, either in Britifh or American Ihips^ 
 by IJritifh fubjc6ls or by any of the people 
 inhabiting in and belonging to the faid 
 United-States, or any of them; and that 
 the articles above recited (hall and may be 
 entered and landed in any port of thi^ 
 kindom, upon payment of the fame duties 
 as the fame are, or may be fubjeQ and 
 liable to if imported by Britifh fubjefts in 
 Britifh fliips fnm any ifland or plantation 
 in. America, and no other, notwitliflanding 
 fuch pitch, tar, turpentine, indigo, mafls, 
 yards, and bowfprits, or che fliips in which 
 the fame may be brought, may not be ac- 
 companied with the certificates or other 
 documents heretofore required by law. — 
 And his Maj .fty is hereby further pleafed, 
 by and with the advice aforcfaid, to ordef 
 and direft, That any tobacco, being the 
 grd'wth or produ6lion of any of the terri- 
 tories 
 
 .! 
 
 * 
 
 it 
 
 I 
 
i , 
 
 
 { €t ) 
 
 totiesof the faid United-States of America, 
 may likewife, until further order, be im- 
 ported dire6lly from them in manner above- 
 mentioned, a|id may be landed in this king- 
 3om, and upon the importers paying down 
 in ready-money, the duty commonly called 
 the old fuhfidy, fuch tobacco may be ware- 
 lioufed under his Majefty's locks, upon 
 the importer's own bond for payment of 
 all the further duties due for fuch to- 
 bacco, within the time limited by law, ac- 
 cording to the net weight and quantity of 
 fuch tobacco, at the time it fhall be fo 
 landed, with the fame allowances for the 
 payment of fuch further duties and under 
 the like reftri6iions and regulations in all 
 other refpefts, not altered by this order^ 
 as fuch tobacco is and may be ware- 
 houfed by virtue of any a6l or aBs o£ 
 parliament in force. And the Right 
 Honourable the Lords CommifTioners of 
 his Majefty's Treafury, and the Lords. 
 Coramiflioners of the Admiralty are to 
 give the necelfary directions herein, as 
 to them may refpeClively appertain, 
 
 STEPH. COTTRELL. 
 
 fVs'- 
 
 I 
 
\ 
 
 ( 62 ) 
 
 i^ 
 
 At tne Court of St. James' s, the 2d 
 of July, 1783. 
 
 PRESENT, 
 
 The King's Mojl Excellent Majejly in 
 CounciL 
 
 I i 
 
 m 
 
 'XXfUEREAS, by an a6l of parliament 
 paflcd this feffion, entitled *' An 
 A61 for preventing certain inflruments from 
 being required from fliips belonging to the 
 United-States of America, and to give to 
 his Majefty, for a limited time, certaih 
 powers for the better carrying on trade and 
 commerce between the fubjeQs of his Ma- 
 jefty 's dominions, and the inhabitants of 
 the faid United-States." It is amongft 
 other things enafled. That during the con- 
 tinuance of the faid aft it fhall and may 
 be lawful for his Majefty in council, by or- 
 der or orders, to be iftiicd and publiftied 
 from time to time to give fuch direftions, 
 and to make fuch regulations with refpefl 
 to duties, drawbacks, or otherwife, for car- 
 rying on the trade and commerce between 
 th^ people and territories belonging to the 
 trown of Great-Britain, and the people and 
 territories of the faid United-States, as to 
 
 bii 
 
 j- 
 
 ■Hfti 
 
 S^mmM 
 
 ^u 
 
I 
 
 ( 63 ) 
 
 his Majefty in council fliall appear mofl. ex- 
 pedient and falutary ; any law, ufage, or 
 cuftom to the contrary notwithdanding. — 
 His Majefty doth therefore, with the advice 
 of his pri\^ council, hereby order and di- 
 re£l, That pitch, tar, turpentine, hemp, 
 flax, mafts, yards, bowfprits, ftaves, head- 
 ing boards, timber, fliingles, and all other 
 fpecies of lum" ./, horfes, neat cattle, 
 flieep, hogs, poultry, and all other fpecies 
 of live ftock, and live provifions, peas, 
 beans, potatoes, wheat, flour, bread, bif- 
 cuit, rice, oats, barley, and all other fpe- 
 cies of grain, being the growth or pro- 
 duQion of the United-States of America, 
 may, until further order, be imported by 
 Britifli fubjefts, and navigated according to 
 law from any part of the United-States of 
 America to any of his Majefty's Weft-India 
 Iflands ; and that rum, fugar, molaffes, 
 coffee, cocoa nuts, ginger, and pimento, 
 may, until further order, be exported by 
 Britifti fubjeas, in Britifli built fliips, owned 
 by his Majefty's fubjefts, and navigated ac- 
 cording to lav, from any of his Majefty's 
 Weft-India I Hands to any port or place 
 within the faid United-States, on payment 
 of the fame duties on exportation and fub- 
 jea to the like rules, re^^ulations, fecuritics, 
 and reft^aions, as th, fame articles hy 
 
 law 
 
 ^r- 
 
 t. 
 J 
 
» -*«j»i»Me.irtw>f-*«-w~**- 
 
 » 
 
 ft I 
 
 
 f 
 
 < ^4 ) 
 
 law arc now liable to, if exported t6 any 
 Britifh colony or plantation in America. — 
 And the Rig-n Honourable the Lords 
 'Commiflioners of the Admiralty are to 
 give the neceffary directions herein, as to 
 them may refpectively appertain. 
 
 STEPH. COTTRELL.' 
 
 SS Geo. s* c< 
 to ' 
 
 C3 Geo, 3. c. 39. no manifeft fliall be 
 required from any American veflel on 
 coming into or clearing out of any Britifh 
 j)ort, except bonds, but for difcharging 
 bonds given for landing goods in Ame- 
 rica, a certificate mud be produced from 
 a proper officer ther6 certifying that the 
 goods were duly landed ; and his Majefty 
 may make regulations for carrying on 
 trade with America. 
 
 m 
 m 
 
 >: 
 
 24 Geo. 3. c fi^ Ceo. 3. c. 45. his Majefly may, io 
 **' council, make regulations for carrying on 
 
 trade with Britifh America, relative to iron, 
 hemp, fail-cloth and Baltic goods. 
 
 »7Gco.3.c.3. 27 Geo. 3. c. 3. no flower, bread, rice, 
 wheat, grain, ftaves, heading, fhingles or 
 In forct till *u"iber, fhall be imported from any foreign 
 ApriC >758. Weft-India Ifland, into arjy BritiQi one. 
 
 Bu| 
 
 wm 
 
 ^smaH 
 
( 65 ) 
 
 Btit in cafes of emergency his Majefty's 
 governors or commanders in chief of the 
 Weft-India Iflands, with their councils, 
 may authorize the importation of fuch ar- 
 ticles from other iflands. • 
 
 If goods, the growth of the United-States 
 of America, be imported into the Weft- 
 India Iflands contrary to law, they are for- 
 feited with the veflels and cargoes. 
 
 10 
 
 .'I 
 
 , By 26 Geo. 3. c. 1. nothing but bread, «6Geo.j.c.ii 
 flour, Indian corn, and Hve ftock, fhall be 
 imported into Newfoundland, and the ad- 
 jacent iflands, from the American States j 
 and fuch commodities fiiall be imported 
 there in Britifli built fliips, licenfed before 
 June 30, 1787, by the commilfioners of 
 cuftoms, 
 
 The mafters of veflels fliall deliver the 
 licenfe to the cuftom-houfe officer at the 
 port of difcharge, who fliall give a certi- 
 ficate thereof. Ibid. 
 
 I 
 
 Goods imported contrary to this a6l fliall 
 be forfeited, and go, one third to the King, 
 
 another third to the governor, and the re- 
 
 maining third to the officer. Ibid, Much, 1788. 
 
 I 
 
( ^6 ) 
 
 S7 Geo. a. c. By 2^ Q^Q g^ ^^ 2^^ f^Qj^ ggpj^ j^ j^g^^ 
 
 tfoo/, coi/o7i ti;t;o/, m«f/co, cochineal, drugs, 
 cocoa, logwood, fuflick, and all dying woods, 
 hides, Jkins, and tallow, beaver, and all 
 furs, tortoije Jliell, hard wood, or mill 
 timber, mahogany, and all cabinet -wood, 
 horfes, afTes, mules, and cattle, the growth 
 •or produce of any plantations in America, 
 and all coin, bullion, diamonds, and jewels^^ 
 may be imported into the ports of Kingfton, 
 Savanah la Mar, Montcgo Bay, and Santa 
 Lucia, in Jamaica, Saint George, in Gre- 
 nada; Rofeau, in Dominica; and Nafi'au, 
 in New-Providence; in one-decked foreign 
 European veflels, not exceeding feventy 
 tons burthen* . , „ . 
 
 If any articles not herein enumerated, 
 fhall be imported into any of the faid 
 ports, they and the veffel fliall be for- 
 feited. Ibid. 
 
 I ■ . r 
 
 t 
 
 Rum, negroes, and goods legally import- 
 ed, except malls, yards, bowfprits, pitch, 
 tar, turpentine, and tobacco, and except 
 iron, may be exported from the faid ports, 
 to fuch foreign colonies in America, in 
 foreign one-decked European vefTtls, not 
 exceeding feventy tons burthen; but the 
 
 legality 
 
 & 
 
( C; ) 
 
 legality of the importation of fuch good* 
 (hall be proved before exportation. 
 
 The above articles {in Italics) may be 
 exported from the faid iflands to Great-Bri- 
 tain or Ireland, under the regulations of the 
 navigation ads. Ibid. 
 
 If any goods of the growth or produce 
 of Europe, or the Eaft-Indies beyond the 
 Cape of Good Hope, be exported from 
 Grenada, Dominica, or Bahama, to any 
 Britifh colony in America, or the Weft- 
 Indies they are forfeited with the veflels* 
 Ibid. 
 
 No duty or fee fhall be taken at Jamaica, 
 Gren da, Dominica, and New-Providence, 
 for any entrance or foreign veflels, on pain inforcetiiisei* 
 
 '' o 1 tctnberi,i7g2, 
 
 of forfeiting, as for exaQion of greater fees •"'i^^o ihc end 
 
 O' O ot the next Idm 
 
 than allowed. Ibid. *^°"- 
 
 h 
 
 The 27 Geo. 3. c. 39. appoints commifli- llJ^^°' '* "^ 
 oners further to enquire into the lolfes and 
 Icrvices of all fuch perfons who have fuf- 
 fered in their rights, properties, and pro- 
 fefTions, during the late diflentions in Ame- 
 rica, in confequence of their loyalty and 
 attachment to the Britifti government. 
 
 Ka 
 
 JH 
 
K 
 
 K 
 
 f4f 
 
 i 68 ) 
 Commiffioncri The commiffioners may examine parties 
 on oath, fend for perfons or papers, and 
 fhall appoint clerks. Jbid, 
 
 Talfe claims. 
 
 # 
 
 Comraifnoncrs 
 
 Perfons delivering in fraudulent claims, 
 Ihall be excluded from any compenfation, 
 and giving falle evidence, fliall be liable tq 
 the penalties of perjury. Ibid. 
 
 The commiffic tiers in the colonies fhall 
 enquire into claims and in cafe of differ- 
 ence of opinion, ihall require the aflill- 
 ance of the governor, who, in cafe of the 
 death of a commifTioner, is to fupply his 
 place. Ibid. ' 
 
 The comniiflioners in America may, 
 within fix months after the pafTing the act, 
 take an oath before the governor or chief 
 juflice, which fliall render their acts valid; 
 and they may appoint perfons to travel in 
 America to enquire into facts. Ibid. 
 
 :lf 
 
 Commiffiornxs The commiffioners fliall give an account 
 of their proceedings to the treafury and fe- 
 cretaries of fttale; and the treafury Oiall 
 pay /our ihcnfand pound to the commifTi- 
 oners for paying clerks and others. Ibid, 
 
 The commifTioiiers may receive half pay 
 
 as 
 
 mm 
 
i 
 
 ( 69 ) 
 
 as officers, on making affidavit, that they 
 have not been employed under the crown, 
 except as commifTioners for the purpofes of 
 the prelent a8 ; and in cafe of ihe death of 
 a commiffioner during the recefs of parlia- 
 ment, his Majefty may appoint another. ^,"/°"t"m''[X 
 Jbid. »5. 1787. 
 
 The 28 Geo. 3. c. 5. continues 23 Geo. «8 Geo. 3. e, 
 3, c. 39. and 24 Geo. 3. c. 45. until April 
 5, 1789. 
 
 Iron, hemp, fail-cloth, or c 'ler articles 
 from the Baltic, which may be exported, 
 being exported contrary to law, or goods 
 being imported from America contrary to inforcetiu 
 |aw, fhall be forfeited with the veifels, &c. ^^p"^'^* ^'^fl* 
 
 By 28 Geo. 3. c. 6. no goods fiiall be zSGco.-s.c 6. 
 imported from the States of America into 
 the Well-Indies, Bahama, and the Bermuda 
 or Somer s Iflands, on forfeiture thereof, 
 with the veilel and all her tackle, except to- 
 bacco, pitch, tar, turpentine, hemp, flax, 
 marts, yards, bowfprits, ftavcs, heading 
 boards, limber, Ihinglcs, and lumber of 
 any fort, horfes, neat caltle, ilicep, hogs, 
 poultry, and live flock of ar.y fort; bread, 
 bifcuit.. flour, pjaie, beans, potatoes, wheat, 
 
 rice, 
 
*! 
 
 U 1 
 
 h 
 
 ^^ 
 
 
 Weft-India 
 gooJi.&c. 
 
 ( 7° ) 
 tice, oats, barley, and grain of any fort, 
 being the growth or produce of fuch ftates. 
 
 None of the above goods fliall be im- 
 ported under like forfeiture, bui by Bri- 
 tifh fubjefts in Britifli Ihips. Ibid. 
 
 Wefl-India goods not prohibited to be 
 exported to Europe, and fugar, molaffes, 
 coffee, cocoa nuts, ginger and pimento, 
 may be exported to the States, and cocoa 
 imts and ginger fliall be liable to the 
 fame duties as if exported to a Britifli 
 colony; but no article except fait from 
 Turks Iflands, fliall be fo exported but 
 by Britifh fhips, on forfeiture thereof with 
 the veflcl. Jbid, 
 
 Where a bond is required upon export- 
 ation to the Britifh colonies, a fimilar one 
 iliall be required on exportation to the 
 States; which fliall be difchargcd on cer- 
 tificate of the due landing of the goods, 
 from a Britifli conful, or the officer ap- 
 pointed by the States, or a magiftratc. 
 luid. 
 
 Veffels belonging to the States in ballafl 
 may {hip fuk at Turks I Hand. Jbid. 
 
 n 
 
 Entry 
 
 p f 
 
 *:^ 
 

 ( 71 ) 
 
 Entry on oath muft be made by tbe maf- *"''f» 
 ter of fuch veflels, declaring the country 
 where bailt, number of men, inai.er, 
 owners, and for what purpofe he enters 
 the port, on pain of one hundred pound. 
 Ibid. 
 
 A tonnage duty is to be paid in dol- 
 lars at Jive Jhillings and fix-pence per oz, 
 for every ton burthen of veffels belong- 
 ing to the States fo coming to Turks Ifl- 
 ands, to be afcertained by a Britifh officer 
 of the cuftoms, [according to the rule laid 
 down in 13 Geo. 3.) Ihid, 
 
 The duty fiiall be paid to the colleBor 
 before the fait is laid Oii board, to be ap- 
 plied part to the nayment of falanes and 
 incidents at the port, the refidue to the con- 
 folidated cuftoms in England. Ihid, 
 
 No goods, except fait, fliall be exported Salt, &ci 
 from Turks Iflands to the Britilh domi- 
 nions, in America or the Weft-Indies, and 
 no goods fliall be exported from thofe ifl- 
 ands except fait, and fuch goods as may 
 be imported here duty free, on forfeiture 
 thereof with the vefiel. Ibid, 
 
 No tobacco, pitch, tar, turpentine, hemp, 
 
 flax, 
 
 ■^ 
 
H 
 
 
 f 72 ) 
 
 flax, mads, yards, bowfprits, ftaves, head- 
 ing boards, timber, Oxingles, or lumber of 
 any fort, bread, bilbuit, fJour, peafe, beans, 
 potatoes, wheat, rice, oats, barley or grain 
 of any fort, fhall be imported from any 
 foreign Weft- India IHand into any Britifh 
 one on forfeiture thereof with the veflel. 
 Ibid. . 
 
 imporution., But in cafes of emergency his Majeft/s 
 governors or commanders in chief of the 
 Weft-Indid Iflands, with their councils, 
 may authorize the importation of fuch ar- 
 ticles for a limitted time. Ibid, 
 
 No goods fliall be imported fror^ the 
 States of Nova Scotia, Cape Breton, Saint 
 John's or Newfoundland, on forfeiture 
 thereof with the veffel. But the gover- 
 nors of fuch places, (except Newfoundland) 
 with their councils, in cafes of emergency, 
 may authorize the importation of fcantling, 
 planks, llaves, heading boards, fliingles, 
 hoops, or fquared timber of any (c;t; 
 horfes, neat cattle, flieep, hogs, poultry, 
 or live iiock of any fort; bread bifcuit, 
 flour, peafe, beans, potatoes, wheat, rice, 
 oats, barley or grain of any fort, for a li- 
 mitted time only; and the king in council 
 may impowcr the governor of Newfound- 
 land 
 
i i'- 
 
 es, head- 
 umber of 
 e, beans, 
 or grain 
 rom any 
 ly Britifh 
 e veflel. 
 
 VTajefty's 
 ;f of the 
 councils, 
 fuch ar- 
 
 ror^ the 
 n, Saint 
 ^rfeiturc 
 : gover- 
 indland) 
 urgency, 
 :antHng, 
 Ohingles, 
 y fc;t; 
 poultry, 
 bifcuit, 
 It, rice, 
 or a li- 
 council 
 /found- 
 land 
 
 ( 73 ) 
 
 land to authorize, in cafe of necefiity^ thci 
 importation of bread flour, Indian corn,- 
 and live flock, from the States, for the 
 ufe of the fifliermen, during the then next 
 feafon only, to be imported according to 
 the King's warrant, and in Britifh fliips. 
 Ibid. 
 
 No goods fliall be imported from the 
 States into Quebec, on forfeiture ihereof not repeal 27 
 with the vefTel. Ibid, eo.j.c i> 
 
 VefTels forfeited may be feized by a fliip 
 of war, or an officer of cufloms. Ibid, 
 
 AEl 29, Geo, in. 
 
 WHEREAS an atl was made in tr.e 
 twenty-third year of the reign of 
 his prefcnt Majefty, entitled " An Aft 
 for preventing certain inftruments from 
 ])?\\\^ required from fhips belonging to the 
 Utiiied-States of America, and to give tc 
 his Majetly, for a limued lime, certain 
 powers for the better carrying on trade and 
 comnicrcc between the fubjetls of his Ma- 
 jefty's dominions, and the inhabitants of the 
 luld United-States i" ,'hich fdid afthas ' en 
 continued, by fevcral %fcquent ath until 
 the fifdi day of April, ->ne thoul'and .en 
 huni.!ijd and eighty-nine: And wLcri as 
 
 L by 
 
 An a^- to C5*«> 
 tinue the law» 
 now in forc« 
 for legislating 
 the trade be- 
 tween iff fub- 
 jtctsot. Ills Ma- 
 
 )ell)'s rl'Muilli- 
 
 011s, ■ ) tht 
 ■ h,.' Uants of 
 • '.1. ic.'rritoi ir8 
 bclongin;^ to 
 the United- 
 StalPi of Amc. 
 i ^, fo far as 
 tiic lame iclata 
 to thetradeand 
 commcice car- 
 ried on be- 
 twccri this 
 tiin^dom ;'.nil 
 the inhabitdnt* 
 olthecountiic* 
 belonguiff to 
 
 thclaidUiiiUll" 
 States. 
 
 'if 
 
 i 
 
 )■■"• 
 
m 
 
 \% 
 
 M 
 
 '■ I 
 
 ( 74 ; 
 
 by an a6i, made in the twenty-fourth year 
 of his prefen^ Majefty's reign, entitled 
 •' An Act to extend the powers of an Act, 
 made in the twenty-third year of his pre- 
 fent Majefty, for giving his Majefty cer- 
 tain powers for the better carrying on 
 trade and commerce between the fubjects 
 of his Majefty 's dominions, and the inha- 
 bitants of the United-States of America, to 
 the trade and commerce of this king- 
 dom with the Britifh colonies and planta- 
 tions in America, with refpect to certain 
 articles therein mentioned ;" the powers 
 given by the faid recite . ^ were ex- 
 tended to the trade and ini . irfe between 
 this kingdom and the Britifli colonies and 
 plantations in America, fo far as the fame 
 might relate to iron, hemp, and fail-cloth, 
 and other articles of the produce of any 
 place bordering on the Baltic, which might 
 be exported from this kingdom ; which faid 
 laP mentioned act has alfo, by fcvcral iiib- 
 fequent acts, been continued until the faid 
 Jith day of April, one thoufand {'even 
 hundred and eighty-nine: And whereas itis 
 cxpedierA that the faid act of the twenty- 
 third year of his prefcnt Majefty 's reign, fo 
 far only as the fame extends to trade 
 and commerce carried on between this 
 kingdom and the pec;le and territories 
 
 belon^in^ 
 
( 75 ) 
 
 belonging to the United-States of America; 
 and alfo that the faid act of the twenty-fourth 
 year of his prefent Majefty's reign Ihould 
 be further continued. May it therefore 
 pleafe your Majefty that it may be enacted; 
 and be it enacted by the King's moft excel- 
 cellent Majefty, by and with the advice 
 and confent of the Lords Spiritual and 
 Temporal, and Commons, in this prefent 
 parliament aflembled, and by the authority 
 of the fame, That the faid act of the twenty- 
 third year of his prefent Majefty's reign,fo far 
 only as the fame extends to the trade and 
 commerce carried on between this kindoni 
 and the people and territories belonging to 
 the United-States of America ; and that the 
 faid act, made in the twenty-fourth year 
 of hie prefent Majefty's reign, and all the 
 matters and things therein contained, fliall 
 continue and be in force until the fifth day 
 of April, one thoufand feven hundred and 
 ninety. 
 
 1 And be it further enacted; 
 Tiiat if any iron, hemp; fail-cloth, or 
 other articles of the produce of any place 
 bordering on the Baliic, which may be 
 Jawfully exported from this kingdom, fiiall 
 be exported from hence in any other man- 
 ner than fuch as is or fhali be allowed by 
 
 i 
 
m 
 
 rV 
 
 ( 7^ ) 
 ^ny law now in force, or which fliall here* 
 after be in force, or by order of his Ma- 
 jefty in council; or if any goods or com- 
 modities whatever fhall be imported from 
 any of the territories of the United-States 
 of America, into any of the ports of this 
 kingdom, other than luch as by any law now 
 in force, or which fhall hereafter be in force, 
 or by virtue of this prefent act, or by order 
 of his Majcfty in council, now are, or 
 hereafter fliall be permitted to be imported; 
 or if any goods or commodities fliall be im- 
 ported from the territories of the faid 
 United-States of America, into any of the 
 ports of this kingdom, in any other man- 
 ner whatever than fuch as is or fh'all be al- 
 lowed by any law now in force, or which 
 iliall hereafter be in force, or by order of 
 his Majcfly in council, the fame fhall be 
 forfeited, together with the fliip or veffel 
 in which fuch goods or commodities fliall 
 refpeaively be exported or imported, and 
 a^J ^l^e guns, furniture, ammunition, tackle, 
 and apparel belonging thereto. 
 
 torfciturc, &c. HI. And be it further enaBed, That 
 every forfeiture incurred by virtue of this 
 aa^ fliall and may be fucd for, profccuted, 
 and recovered, by fuch and the like ways, 
 means, and methods, and the produce there- 
 of 
 
 ) 
 
 
l\ 
 
 I 
 
 ( 77 ) 
 
 of difpofed of, paid, and applied, in fucli 
 and the like manner, and to fuch and the 
 like ufes and purpofes, as any forfeiture in- 
 curred by any law refpciling the revenue of 
 culloms may now be fued for, profecuted, 
 and recovered in the places where refpec- 
 tively the offence fhall be committed; and 
 that the produce thereof fliall be difpofed 
 of, paid, and applied in like manner, in the 
 faid places refpectively; any law, cuftom, 
 or ufage, to the contrary notwithftanding. 
 
 iV. And be it further enacted, That this in force till the 
 
 . ... ^ih April 1790. 
 
 act fhall contmue and be in force until the 
 fifth day of April, one thoufand feven hun- 
 dred and ninety, and no longer. 
 
 'At I 
 . I' 
 
 ■' 'i-- 
 •' 'I 
 
 Undi^ 
 
M^ 
 
 W 
 
 ( 7» > 
 
 Vndc)^ this Title the Editor begs leave 
 to refer the Reader to a late PuUicatioriy 
 entitled, ** 1 he Laws of New- York in 
 force againft the Loyahlls, and affeft- 
 ing the Trade of Great- Britain." At 
 the fame Time ohferving that the United- 
 States having now refpccivuely complied 
 with the Requijition of Congrcfs (in the 
 fuh-joined Letter ,) many of thefe Laws, 
 that militated againfi the Claims of the 
 Creditor, are now become more open to 
 Invcfligation, and the Payment of Debts 
 more eafily attainable. 
 
 Circular Letter tranPnittecl f>y the\ United-States 
 in ConcTcfi ajjhnblcd, to tlie Governors of thf 
 rf;/pe£live States. 
 
 SIR, 
 
 ^~\ V R fccietary for foreign affairs has tranfniittcd to you, 
 copies of a letter to him, from our miniflcr at the 
 Court of London, of the 4th day of Marcli, 1786, and of tli«i 
 papers ii "n.tioncd to liave been inclofcd in it. 
 
 We hrvc deliberately and difpalTionately examined and con- 
 fidcred the fevcral fafts and matters urged by Great-Britain, as 
 •ntraftions of the treaty of peace on the part of America ; and 
 ^wc regret, that in fomc of the States, too little attention appears 
 to have been paid to the public faith pledged by that treaty. 
 
 Ko! only tiic obvious diflatcs of religion, morality, and 
 oationai honour, but alfo the lirft principles of good policy 
 demand a candid and punftual compliance with engagements 
 iBHlUtuiionally and fiirly made. Qujr aatioual conRitution 
 
 ■<! 
 
IC 
 
 f 79 J 
 
 laving coWimlttcd to us the management of the national co*. 
 eerns, with foreign States and Powers, it is our duty to takt 
 tare that all the rights which they ought to enjoy wilhin ou» 
 jurifdiftion, by the laws of nations and the faith of treaties, 
 remain inviolate. And it is alfo our duty to provide, that the 
 eireiulal intercfts and peace of the whole confederacy be not 
 impaired or endangered by deviations from tlie line oi public 
 faith, into which any of its members may, from whatever 
 *aufe, be unadvifably drawn. 
 
 let it be remembered, that the Thirteen Indepcndeii* 
 Sovereign States, have, by exprcfs delegation of power, formed 
 ;ind veftcd in us general, though limited, fovercignty, for the 
 general and national puipofes fpccilicd in the confederation. 
 In this fovercignty they cannot feverally participate, (except 
 by their delegates,) nor with it have concurrent juiifdiftion, 
 for the ninth article of the confederation moft cxprefsly con- 
 veys to us the fole and exclufive rigiit and power of determining 
 on war and peace, and of cntcrmg into treaties, alliances, &c. 
 
 When, therefore, a treaty is conftitutlonally made, ratified, 
 and publifiicd by us, it immediately becomes binoing on the 
 whole nation, and fuperaddcd to the laws of the land without 
 intervention or fiat of State Icglflaturcs. Treaties derive their 
 obligations from being compafts between the fovcrcign oS* 
 this, and the fovcrcign of another nation, whereas laws or 
 ftatutes derive ihcir force from being nfts of a Icgiflaturc com* 
 pctcnt to the palling of them. 
 
 !Vi 
 
 \ 
 
 
 HI 
 
 Hence it is clear, that trcati.B mud be implicitly receiveif 
 and obferved by every member of the nation ; for a State 
 legidature are not competent to tiie making of fuch compaft, 
 or treaties, fo neither arc they competent in that capacity 
 autlioritively to decide ou, or afccrtain the conftruftion and 
 fenfc of them. When doubt" arife refpeding the conftrutiiou of 
 Slate laws, it is not unufual, nor improper, for the State legif- 
 latures by explanatory or declaratory ads to remove thofe 
 doubts; but the cafe between .laws and compads or treaties, i* 
 in this widely different ; for when doubts arife refpeding the 
 fenfe and meaning of a treaty, they are fo' far from being 
 wguizable by a iitatc Ic^iHuture, tk&t the Vaited-Statcs in 
 
 Congrcfs 
 
( 8o ) 
 
 CongrCfs afTcmblcd, liave no authority to fettle and dctcrrtina 
 them. For, as the leglflature only which conftitiitionally paiTcj 
 a law, has power to rcvifc and amend it ; fo the fovercigns 
 only who are parties to the treaty, have power by muiual con- 
 font and podcrior articles to correal or explain it. 
 
 r 
 
 U'-^ 
 
 m\i 
 
 In cafesbetwecn individuals, all doubts refpeftiiig the mean- 
 ing of a treaty, like all doubts rcfpefling the meaning of a law» 
 are in the fii ft inftancc mere judicial qucftions, and arc to be 
 heard and decided in the courts of juftice, having cognizance 
 of the caufcs in which they arifc, and whofc duty it is to de. 
 tcrminethem according to the rules and maxims eftabliflicd by 
 the laws of nations for the interpretation of tie;Kits. Froni 
 thefe principles it foliou ^ of neccffary confequcnce, that no 
 individual St.,tc has a right by legidative afls to decide and 
 point out thefenfc inwb' "'.cir particula- citizens and court*- 
 fliall undcrltand this or tii^- article of a treaty. 
 
 It IS evident that a contrary doftrine would not only 
 militate againft the common and eftablinied maxims, and the 
 ideas relative to this fubjcft ; but would prove no lefs ludicrous 
 in prafticc than it is irrational in theory; for in that cafe the 
 fame aiticlc of the fame treaty might, by law, be made to mean 
 one thing in \cv/.Hampfhirc, another thing in New-York ; 
 and iicitlicr the one nor the other of them in Georgia. 
 
 IJow far f;ich legidativc afls would be valid and obligatory 
 even within the limits of the State pafling them, is a qucftioa 
 whicli we iiopc never to have occafioii to difcufs. Certain, 
 however, it is, that fuch afts cannot bind cither of the con- 
 trafting Soverci-ns, and conft quently cuimot be obligatory on 
 their refpcftive nations. 
 
 But if treaties and every article in them, be (as tiicf 
 arc and oii^ht to be) binding on ilic wliole nation; if indi. 
 vidual States have no right to accept iome articles and rejcft 
 others; and if the impropriety of Slate afts to interpret and 
 decide the fetife and the condiuftion of them be apparent; 
 flill more manifeft nmfl be the iinpiopriefy of State afts to 
 controul, delay, or modify the oi-eratioa and execution of 
 tlicf ■ ualioiial comp ils. 
 
 Wii«a 
 
 ^^ •* J- iS»'^: 
 
 
 HB" I 
 
 
( 8' ) 
 
 Wiicn 
 
 When it iJ confidered that the feveral States afTcmbled Wy 
 their delegates in Con^rcls, have cxprefs power to foiin 
 tr-iatics, furely the treaties fo formed are not afterwards to be 
 fubjeft to fuch alterations as this or that legiflanuc may think 
 expedient to make, and that too without the confcnt of cither 
 of the parties to it ; that is, in the pri Tent cafe, without the 
 confcnt of all the United-States, who collcdiivcly arc partiei 
 (0 this trraty on the one fide, and his Britannic Majcfty on 
 the other. Were the legiflaturcs to pofrcfs and cxcicifc fuch 
 power, V Oiould fooii tie involved as a nation in anarchy and 
 confufioti at liome ; and in difputcs which wouUl piobahly 
 terminate in hollilities and war with the nations with whom 
 we have formed treaties, Indanccs would tlicn be frequently 
 of treaties fully executed in one State and only partly cxc* 
 cuted in another, and of tlic fame article bcin r executed in one 
 manner in one State, and in a diilcrcnt manner, or not at all, 
 in another State. Hiilory furnilhes no precedent of fuch 
 liberties taken with tvcaties made under form of a law iu 
 any nation. 
 
 Contrafls between nations, like contrafls between indivi- 
 duals, fhould be faithlully executed, even though the f.vord iu 
 the one cafe, and the law in the other, did not compel it. 
 Honed nations, like honcft men, require no conflraint to do 
 juftice ; and thou<^h impunity and the neccfFuy of affairs may 
 fometimes afford temptations to pare down contrafts to the 
 meafurc of convenience, yet, it is never dnnc but at the ex* 
 pence of that cfleeni, confidence, and credit, which are of 
 infinitely more worth than all the momentary advantage* 
 which fuch expedients can extort. 
 
 But although contrafting nations cannot, like individuals, 
 avail themfelves of courts of juftice to compel peiformanoe of 
 contrafts, yet an appeal to heaven and to arms is always ia 
 their power, and often in their inclination. 
 
 But it i" th • duty to take care that they never lead their 
 people to make . ud fupport fuch appeals, unlcfs the fincerity 
 and propriety of their conduft affords them g >od rcalons to 
 rely with confidence on the jullice and protcilion ot 
 liaavai, 
 
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 ( 82 ) 
 
 Tlius much weiliinkit ufrful to obTerve, in order tocxplaia 
 the pinciplcs 011 Mhich wc have unanimoufly come to tbo> 
 following rcfoluiions, viz. 
 
 ■ RESOLVED. " That the Icgiflaturcs of the fevcral States can- 
 *' not of right pafs any a6ts for interpreting, explaining, or con- 
 •' flruiniT a national treaty, or any part oi claufc of it ; nor 
 " for rcflraining, limiting, or in any manner impeding, 
 *' retarding, or counterafling the operation and execution of 
 " the fame ; for that, on being conftilutionally made, ratified, 
 " and puhlifhcd, they become in virtue of the confederation 
 *' part of the law of the land, and are not only independent of 
 «' tlie will pnd power of fuch Icgiflaturc, but alfo binding 
 " and obligatory on them," 
 
 Ai the trrnty of peace, fo far as it refpc^s the matter and 
 tilings jirovidcd for in it is a law to the United-States, which 
 ciinr.ol li) all or any of them be altered or changed. 
 All State a6is eflablifliipg provifions relative to the fame 
 objeCls which aie incompatible with it, miifl in every point of 
 view be improper *. Such a&s do mvtrthtkfs exij}, but we do 
 not think it iicccffary cither to enumerate them particularly, or 
 to make tiicm fcvcrally the lubjcfts of difcuflion. It appears 
 to us fufficicnt to obfervc. and infill, that the treaty ought to 
 have tiec couife in its opeiaiionand execution; ar.d that al 
 cbflaCKS inierpolLd by State afls be removed. We mean to 
 aft ^^ith the riHill: fcrupuloiis regard to juftice and candour 
 towards Cicat-Bjitani, and w ith an equal degree of delicacy, 
 iiKiOctation, and dccilion, toward* the States who have given 
 •Ctalion for tliclc difciilHont. 
 
 For ihefe rcafons wc have in general terms, " Rcfolvcd, 
 " Tiiat all futli a6]s, or parts of afis, as may be now exiftinj 
 •• in any of the States, repugnant to the treaty of peace, 
 " ought to be forthwith repealed ; as well to prevent their 
 " coiitimiing to be re-aidcd as violations of that tieaty, as to 
 
 • ?:ct tlip iifl of tl'c fincrnl ii nirijiiircs jnrtil in the States Igainft lie 
 ieyalilli, iiiU alfo on tlit fulyiU wl nii.tutice, (kc. &c. 
 
 *» avoid 
 
 : 
 
 \ 
 
 i) 
 
 \ 
 
' 
 
 ! 
 
 ( 83 ) 
 
 «' avoid the difagreeable nccciTity there might othcrwife be of 
 " raifing and difcuffuig qucftiors louchioj; their validity aud 
 «< obligation." 
 
 Although this rcfolution applies ftriftly only to fuch of th» 
 States as have puHcd the exceptionable afts alluded to ; yet> 
 to obviate all future dilputcs and queilions, as well as to re- 
 move thofc which nov>r exilt, we ihlnk it bcft that every State, 
 without exception, fhould pafs ^ law on the fubji'dh Wc 
 have, therefore, " Refolved, Tiiat ii be rcconimciidcd to the 
 *' feveral States to make fucii repeal, rather by dcfcribing ox, 
 *' reciting the faid afts ; a:id tor that purpofc to pafs an aft, 
 «' declaring in general terms that all fuch afts, and parts of 
 '* a£ls, repugnant to the treaty of peace between the Unitcd- 
 «' States and his Britannic Majrfty, or any aracle thereof, fliall 
 " be. and hereby are repealed ; and that the courts of law and 
 " equity in all caiis and queftions cognizable by tliem, re- 
 ♦' fpeftively and arifmg from, or touching the faid treaty 
 *' Iball decide and adjudge according to tlic true intent and 
 " meaning of the f me; any thing in the faid a£ls, or parts of 
 •^ ads, to the contrary thereof notwithllandiiig." 
 
 Such laws would anfwer every purpofc and be cafily 
 formed. The more they were of the like tenor throughout th« 
 States t e better. They might each recite, 
 
 *' Whereas certain laws or (latiitcs made and palled in foin« 
 " of the United-States arc regarded and complained of as 
 «' repugnant to the treaty of peace with Great-Britain, by 
 <' reafon whereof not only the good faith of the United-States 
 " pledged by that treaty has been drawn into queilion, but 
 «' tlieir ellential interefls under that treaty greatly aflefted. 
 " And whereas ]uilice to Great-Britain, as well as a regard to 
 *' the honour and interells ol the United-States, require that the 
 »• faid treaty fhall be faithfully executed, and that all obllacles 
 '• thereto, and particularly fuch as do, or may be coalLrucd to 
 «' pi oceed from the laws of this State be effedually removed: 
 " Therefore, 
 
 1 
 
 ''•jt' 1 
 
 i 
 
 *' Be it rnafled by and it u 
 
 * hereby er.adcd by the authority of the fa»c, that fuch of the 
 
 Ma '* au> 
 
( 84 ) 
 
 *' aft", or paits of atls, of tlie legiflature of this State as are 
 " rciiui^nant io tlic treaty of peace between the United-States 
 •' .iiid Ills Britannic M;i;clly, or any article thereof, Ihall be, 
 " and hereby are repealed; and further, that the courts of law 
 •' and equity within this State, be, and thcyhercbyare dirtflcd 
 " and required in all caufes and queftions cognizable by them 
 •' rcfpcftivcly. and arifing fiom or touching the faid treaty, 
 " to decide and ;idjiu!;;e according to the tenor, true intent 
 " and meaning ol the lame, any thing in the faid afls, or parts 
 " of iifls, to the contiary thereof, in any wife notwith- 
 ^' Ilandins." 
 
 Such a general law, would, we think, be preferable to one 
 tiiat fli'iuld iniruitely cnnnieiatethe atls and claufes intended to 
 be repealed, Ixxauf'c oinidioiis might accidentally be made in 
 tlieenun'.craiion, oi queOiDiis niiyht arife, and, perhaps, not be 
 Jalistafloiily dctcrniined, rcfpefling particular afts and 
 claufes, about which contrary 0[)in;ons may be entertained. — 
 By repealing in general terms all afts and claufes repugnant to 
 tiie titaty, t'lc buiincfs will be turned over to its proper 
 tleparimeiits, viz ; The judicial. And the courts of law will 
 find no dilficulty in deciding whether any particular aft or 
 claufc is, or is not contrary to the treaty *. Bcfi Ics, when it 
 is coufidcrcd tl.at the judges ingcneial are men of character 
 End lt.arning, and feel as wcil as know the obligations of 
 ollice and tlie value of reputaiioii, there is no reafon to doubt 
 lliat their conduct and jud;;incni lelativu to thefc, as well as 
 to other judii.ial matters, will be wife and upriglit. 
 
 Be pkafed, Sir, to lay this letter before the Icgidaturc of 
 your State without delay. We flatter omfelvcs tliat they will 
 concur with us in opinion, that candour and juflice are as ne« 
 ccITary to tiuc pohcy as they are to founu morality; and that 
 the mott honoutable way of deliveiing ourfelvcs from the 
 cnibarraifment of millakcs is fairly to correct and amend 
 tlicm. It certainly is time that all doubts refpecting the 
 public faith be removed, and that all queftions and c! iflcrcnce 
 between us and Gicat-Biilain be amicably and linally fctLled. 
 
 • ihis Itcun to leave too much to tli" power of the juilge. 
 
 The 
 
 1 
 
 
( 85 ) 
 
 The States are informed of the rcafons why his Britannic 
 Majefty continues to occupy the frontier ports wliich by the 
 treaty he agreed to evacuate, and we have the ftrongcll allurance* 
 that an exaft compliance with the treaty on our part will be 
 followed by a punftual performance of it on the part of Great- 
 Britain. 
 
 It is important that the feveral legiflatures (hould, as foon as 
 poITible, take thefe matters into confidcration; and we 
 Tcqueft the favour of you to tranfmit to us an authentic copy 
 of fuch acts and proceedings of the legiflature of your Sta:c as 
 may take place on the fubjcct and in purfuance of thU 
 letter. 
 
 By order of CONGRESS, 
 
 (Signed) 
 
 ARTHUR ST. CLAIR, 
 PRESIDENT, 
 
 CHAP. 
 

 LUB4 — „jmj 
 
 SM 
 
 «N 
 
 gyT M'y « j^jyifwiq|i|n 
 
 ^m 
 
 i S5 ) 
 
 CHAP. IV. 
 
 OF THE REVENUE LAWS. 
 
 See Chap. II. 0? III. 
 
 Sookl referred 
 
 BifTcrcnt rc/^u- 
 lations in dif- 
 ferent Slates. 
 
 FO R competent information on this 
 fubjeft it will be neceffary to report 
 to the law codes of the feveral States 
 Lord Sheffield's and Champions Treatifes on 
 American Commerce ; a volume compiled hy 
 Mejfrs. Simm's and Truen, under dircBion 
 of the commiflioners of the cuftoms, in 
 1782; and the various other publicationfi 
 upon the fubjeft. 
 
 Different regulations neceffarily prevail 
 in the a6ts of their different legiflatures, 
 from the influence of contrary and oppofite 
 interefls. In fome of the States no Britifli 
 lliip can import the produce of the Weft- 
 Indies, in others the importation is fubjed 
 to a duty of fo much per ton, on every 
 Britifh veffel entering their harbours, and 
 in others are totally prohibited. 
 
 
 Revenue laws Thcfc laws arc in general very ftria and 
 
 vc.7iuict. fevce, particularly lo in Virginia, where 
 
 the fmallell quau^i^y of goods found in a 
 
 ihip. 
 
 *--j(^' 
 
^■p 
 
 T 
 
 "^ 
 
 m«H«l 
 
 C 87 ) 
 
 thip, not fpccified in the invoice or mani- 
 feft, will condemn both (hip and cargo. 
 And the nflfirers of the cuftoms have power 
 to open all packages whatfoever. 
 
 Veffels have lately been condemned in 
 he couri of admiralty for the concealment 
 of goods to the value of five pounds cur- 
 rency, and even where the fuppofition was 
 reafonahle that fuch concealment had been 
 accidental and unintentional. 
 
 It is neceffary for every matter of a Obfcivatigf, 
 veflel on his arrival at any of the ports in 
 the United-States, to make immediate en- 
 quiry into the rules obferved at the cuftom- 
 houfe. The following arc thofe obferved 
 at New-York. 
 
 All goods entered, the duty on which ?"'" °^Jf^=* 
 
 o 'J in the cultom- 
 
 amounts io twenty pounds, maybe bonded |^^"ijf^ at New- 
 for, payable in fix months, if faid goods 
 are imported from any other place than the 
 Weft-Indies; if from the Weft-Indies the 
 duty is payable \n four months. And if 
 any part of faid goods are exported to any 
 port within the United-States, of fo much 
 as is exported the duty is drawn back pro- 
 vided faid goods are exported within- 
 ninety days from the time oi the entry of 
 
 the 
 
 .'IT ^ 
 I ] I 
 
 I 
 
 ■f-^* 
 
( 88 ) 
 
 the veffel in which the goods were im* 
 ported. 
 
 If the duty on goods entered does not 
 amount to twenty pounds the duty muft be 
 paid down, and no drawback allowed on 
 fuch goods if exported. 
 
 CHAP. 
 
tl# 
 
 iot 
 be 
 on 
 
 ( 89 ) 
 
 CONGRESS of the UNITED-STATES. 
 
 Begun an J yU at ih- city of N zv York, vn 
 H^'cJneJu'uy, the J^h of Mankj 178^. 
 
 AN ACT 
 
 P'or laving a Dii'y on Goods, V/;:re.?, and Mer- 
 clun iizes iinpoi ted into the United-States. 
 
 XXrilEREAS it is nrceffny for thr. fuppoit of govcrnmenf. 
 lor the Jif'-U'^sc of dc .tj s^f t'le IJi.iied-Sidus and 
 the encou ngc-nent and pror-jAion o( ir.u; faau.es, that 
 duties be iaid on ^'lods, una, anil lucrcliaudues iinp'jricd. 
 
 P. 
 
 Be it er>»rtcA by th 5.-nate and Tloufe of R-prefentative of 
 the U .ited-St-.i i oi America ia Congrefs aTemblfd, that from 
 «kjid jftcr the fiilt day of Au,'; ill next enrumg, the iWcra' duties 
 bcrciiiafifr mc itionsd ihiiH he laid on the follow' u-r g mds, 
 wares, *ad rrerch ndi/^cs i.nptricd into the United-Stales, f.oin 
 »ny foreign yo;t or 1)1 jce, that » to fay: 
 
 Centi, 
 On all c;i'\illed fpiriti of Jamaira p-o^f imported from 
 anv kingdom or . ountry whatlbcver — pf nal. 
 
 On all other dilliUed Ipirit. — — 
 
 On m(-l.i(ffS — — — — _ 
 
 On Maderia wine — — — — — • 
 
 On all others — — — — — . 
 
 On every gallon of beer, ale, or porter in ■ afks — 
 On all cyder, beer, ale, or porter in boulcs per d /.( ;i 
 
 On malt -— - pubullul 
 
 On brown fugar* pe> pr.uiid 
 
 On loaf fugars 
 
 On all fug+rft • — ~ 
 
 On cotfc« — — — — ___— — 
 
 On coco. ' 
 
 On all candles of tallow — — ■ 
 
 On all wax or fpeimji.eti per p jund • 
 
 On cheefc — — '' " '"" 
 
 Ou Igap — — «— — — — — — 
 
 20 
 
 8 
 
 oi 
 ~Z 
 
 lii 
 
 la 
 
 5 
 20 
 
 JO 
 
 1 
 
 3 
 
 if 
 
 1 
 
 a 
 6 
 
 n 
 
 Ov 
 
 J, 
 
 
 ^'v: 
 
 -#^**a»^- 
 
 -**f*M*P'*****^ 
 
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 MPm 
 
 m 
 
 ( 9° ) 
 
 On bootj _ 
 
 On all fiiocs, flippers, or goloHioes made oHcathcr 
 
 On all fliocs or dippers made of Clk or lIufF - 
 
 On cable* for every 112 rounu'i . 
 
 On tarred ccrdagc, for every 1 1 2 pounds 
 
 On unlarrtd ditto, and yarn, for every 112 pounds 
 
 On twine or packthread, for every 1 1 2 pounds - 
 
 On all ftecl unwrought, for cvey 112 pounds 
 
 On all nails and fpikcs . 
 
 On fait - , 
 
 Ctntj, 
 
 per pair 50 
 
 7 
 
 10 
 
 15 
 
 90 
 aoo 
 
 per pound 1 
 
 per bufliel 6 
 
 per poutid 6 
 
 10 
 
 16 
 
 per dozen 50 
 
 per bufhcl 3 
 
 per barrel jg 
 
 pcrquintal 50 
 On all teas impoitcd from China or India in rtiips built inth« 
 United-States, and belonging to a citizen or citizens thereof, ob 
 in fhips or vclTclii built in foreign countiics, and on the 16th 
 Hay of May laft wholly the property of a citizen 01 citizens of 
 the United-States, and fo continuing until the time of iniporta- 
 tion as follows • 
 
 On manufactured tobacco 
 
 On fnufF . 
 
 On indiiio . 
 
 On wool and cotton cjrds 
 On coal _— __ 
 On pickle fifli 
 On dried fifh 
 
 Onbohcate» . per pound 
 
 On all fouchon^ or •thcr black teas — — ___ 
 
 Onall hyfon tcai m ^ 
 
 On all other green teas 
 
 Cents. 
 
 6 
 
 10 
 
 20 
 12 
 
 On all teas impoitcd from p:urope in Ihips or veffcls built in 
 the United-States, and belonging wholly to a citizen or citizens 
 thereof, or in Ibips or vcffeU built in foreign countries, and on 
 the 16th day of May laft wholly the property of a citizen or 
 citizens of the Uniied-States, and fo continuing until thctimcwf 
 importation a» follows : 
 
 Cents. 
 8 
 
 per pound 
 
 On buhea tea . 
 
 On all fouchong, or black teas , 
 
 On all hyfon teas — ___ 
 
 On ell other gr;en teas . 
 
 On all teas imported in any other iua«uef than a$ above 
 mentioned, as follows : 
 
 ^3 
 
 it 
 
 o^ 
 
9' ) 
 
 I 
 
 Cei>tt. 
 
 »5 
 
 i» 
 
 45 
 27 
 
 Onbohcatft per pound 
 
 On all fouchong or other black tca» — — — — ^ 
 
 On all hyfonteas - 
 
 On all other green tcai 1 ■ ■■■ 
 
 On all {joods, wares, and merchandizes, or other than leaf 
 imported from China or India, in fljips not buUt in the Uni»ed. 
 States, and not wholly the property of a citizen or citizenj, 
 thereof, nor in vclTels l)uik in foreign countries, and on the t6tb 
 day of May lad wholly the propeity of a citizen or citizens of 
 the Uniicd-Statt s, and (o continuing until the time of importa- 
 tion, twelve and a half per centum ad valorem. 
 
 On all looking-gla;Tes, window and other" 
 
 glals (except bl.icl'v quji t bottles) 
 On all China, Done, and earthen wart 
 
 o- 
 o . 
 o 
 
 Or, 
 
 Onfe 
 
 «;r 
 
 nnd in oil 
 '•u".klcs 
 :e, and 
 
 ^10 per cent, advftl. 
 
 The foliowng /luiclcs arc at Seven and a iialf per centum, n^ 
 
 yalorera. 
 On all blank books 
 On all writing, printing, or wrapping paper, paper hangings and 
 
 paficboard 
 On all cabinet ware* 
 On all bu(tons 
 Onallfaddlcs 
 On all leather glovet 
 
 On all hats of beaver, fur, wool, or mixturt of eiihst 
 On all millinery ready made 
 
 On all callings of iron, and upon (lit and rolled iron 
 On all lea ser tanned or tawed, and all manufadlurc of leathor, 
 
 except fuch as fhall be othcrwifc rated 
 On canes, walking flicks and v/hips 
 On cloathing ready made 
 On all brufhcs 
 On gold, filvcr and plated ware, and on jewellery aod pad* 
 
 work 
 On anchors, and all wrought lin and pewter wart 
 On playing cards, per pack, ten centt. 
 
 N a On 
 
( 9« ) 
 
 (fn f'tty coach, charim, or oilirrfonr' 
 wlitti C'lt' i;c, anJ on every rhaiU 
 folj. or other »vs'o whcc! cariijgc, <irj 
 
 ir perc'.nt. ad *4. 
 
 paus thcirof. 
 
 On .-.il .jthtr goods, warrs anH nifclianHzr, five per centum 
 «nt*if value thtro!, .'t thrtirr.e .1 d p!>cr< *'iirpi)rtati(n,fxcfp» 
 ts follows: 'It-p i;o. tin in pig-, tin lu platn, lead, old 
 J>cwt r, bijfs' wie, copper :n pUtc, w(>'i', C(;t!on, dying 
 woods aiif* d' 'w^ ''.ii'j,s, nv iiidcr, bfvtr, 9ncl ail other iur« 
 «nd d.er ikint. 
 
 And he it fuf'ier " Bel Vy t^; afthr-'ry a'bref.-id, Thi< 
 frciii und i..:.sr I'.v: fin! d.iy o. Dtrcembct, which )i»ll be i» 
 thr y.ar one ih<)i'*M.'i f"j: !:v \'r:'c' -"nM rin Jy, ''.c^f fliali bt 
 li'id 4 diii\' 0.1 i.\t . y C!i.- i.M,..rid ivi, twfl'.r y,-.ut.c* wtight of 
 hci!ii;, ini;H;rt U . 'Ii/c^v^i !, v.. ny.ty c.i.t.' ; :.i.d on coito'i p«r 
 pound three cci.«. 
 
 i- i' 
 
 ■i 
 
 !• 
 
 And bi' ;• r:,f ■•' '■ • t!- ;v' r-"ty -ro- :fr.id, Th.-t a'J diitie» 
 paici, (II I'ccurL'^ 10 I i^.-.u i.pi... ;.ii^ ol the ;,<iodi, wares, and 
 M'.trciinid'.'r« a.> -.f. rtf-ir^., rxr ;:'. en d'ltilicd fpMts. ofl.er tliui 
 fcraiidy . v.d r,,nivr. i'. jU be rctun>cd 01 diU !'.ii.,',cu uuuu fucb 
 of liu l«u-i , A. J-. V. ..It • ; :'!<: rlia-.idi. (■»,:.(, Ibali wii! in iwcivt 
 iTiOiitl s :>(:■ r j «} .vt • t ij'.!':c;, or ■tm iiy given, bi cx;,'jr!;cd to 
 any cot.nLi,, wsfnui t 'j i:mi;s ci t!.f '. 'iiiled-Stat ;, zs Ictiled 
 by tiic ti^aiy of pc.;rc; rv' cnt -• .;■ p.'i cciiiui?! 011 the araoiiut ot 
 the faid d.tirs, i.i conl; i.iatio.i <:•£ ikc crqKiicc whicii fhall 
 have ctcrocd by the- e;itry and lufc kftpui^j liurcof. 
 
 And be it enaftcd bytl;., aiitliOiiiy aTo eCa'd. That ehcie fhaU 
 be allow* d and peid ot: cvciy quniial of dii-,J, and on every 
 biirrdi'i" picl' 'cd filh, -.if tii'- frhciios ot i!ie Unitcdiitaici, and 
 on eve y Pnirfl oi r<tlicd proviii' a of the Unicc l-.S;att.s, cxportrd 
 to any cun^ry v* iih. ut thchnnti Llicre' f, in lituof a diawback 
 of tli' dutits imp iftd ().. the i.i.po!iadon oi tli;; fait tmploytd 
 and xp^ndctl •.unrein, viz, 
 
 On eveiy quintal of dried fifh — 5 centi. 
 
 On cvtry 1 arrel of pi.klid fiffi — ^ — — 
 
 Cn cvtry ba ridof fjl'td pro\ifion — — ■ 5 
 
 Au(i be it further ciiatftd by the authority aforefaid; Tiiat 9 
 <Jif;omuol ten percent, on all tnc duiiciinii;oftd by tl:is aft, 
 
tjm^is^wm 
 
 mmmm^mmm^. 
 
 I 93 ) 
 
 
 iiali be al'owri nn furh ^oods, wans, anrl nercTiandlzes. m, 
 th.iU 1)0 iinx.n.a 11 vfir.'li bu It in t-i- I'lui ' l-S.a.. s, and 
 wliich tha.l be wiiolly the piMprrtv ol a citi/.-ii • r citizms there. 
 uf, ot in vclRU buill i i foi J^u «..iui..i i. s. ami en tbc lixU- ath 
 d. V ot M.iy lail, v\- illy the prfpcrty ot a ci. Z'U ot ff/cis of 
 tlu- Unucd States, a.id lo cjiiiinuing umil ilit iinv-' of impor« 
 tation. 
 
 And h- it further eripfl''' '>y the autlio.iry f')"fa:d. T'al 
 this ad 'hal! cimtinue 'I •• laforc" U'i;i) ;m> Hri d.\ ot J;iiie, 
 which Ihail he in thf ye.tr of ou;- Lord, out- tiouia d liveii 
 l)U'?died and iiiiii-ty-fix. a d fr .m Lht'iKC utui; ihc r r.d ■^.i (ho 
 ij'.-):i fn'.a-.din^ f iTion of CongrJs, which iLall be ulU there' 
 aftei'i and uo longer. 
 
 Friderick Augustus Mjh t smsero. 
 Speaker </ the ih.ujt of Rtbrrftntativei, 
 John Ad\ms, l^'ia Prep dent of t>it unttti 
 Stutci, and Prijidcnt oj the Cteiiate, 
 J^pr»veJ, July ^^ n^gt 
 
 GlORGE W .SHtNCTON, 
 
 Frtfident of the Unitid-States, 
 
 11. B. noo ceati it a dollar. 
 
 \ 
 
 i -I 
 
 id 
 
 < U A P. 
 
 f- 
 
 
'^ 
 
 ( 94 ) 
 
 C H A P. V. 
 
 Of the Inferior and Superior Courts 
 of Civil and Criminal JurifdiElwn, 
 — Attornies — Counfd^ &c, &c. ■ 
 
 Inferior courts * ■ ^ H ERE are inferior courts of civil 
 
 of civil iiirif- M • Trci- .1 1 n . _» 
 
 diction in the -^ jurildittion throughout .'11 the Pro- 
 wcii-indcs. ^j„^^5^ jj^^ Weft-India Iflands, and the 
 
 United-States. 
 
 ,?\ 
 
 jamaick. 
 
 Windward 
 Iflande. 
 
 In Jamaica, befides the Superior Court 
 of general jurifdiBion throughout the 
 Ifland, there are courts peculiar to certain 
 diftrids which hold pica to the amount of 
 twenty pounds only. 
 
 In fomc of the Windward Iflands the 
 chief juftice of the fuperior court fits alone 
 to try aftions to a certain amount without 
 a jury. 
 
 In other Iflands perfonal a6lions, to a cer- 
 tain amount, are brought on before all the 
 judges of the court, and are decided with- 
 out a jury. 
 
 In 
 
( 95 ) 
 
 In Nova-Scotia, and New-Brunfwick, the ^" Nova-Sc» 
 
 t rr^t *'^» New- 
 
 courts are as nearly as pofTible analogous Br.mfwick, ft 
 
 to thole of Weftminfter-Hall. 
 
 Canada. 
 
 i 
 
 Canada. — See page 31. 
 
 In the United-States there are Inferior inthcUnitei* 
 Courts held before juftices of the peace, in ^^''"* 
 which all matters of debt or damage are 
 tried wnAtv forty JJiillings, 
 
 In fome States thefe are denominated 
 
 Courts of Conjcience, and in others County 
 Courts; and in general they take cognizance 
 of all matters under ten pounds. 
 
 No appeal is allowed where the debt - 
 does not exceed that fum. 
 
 The form of procefs is fct out at lengtb 
 in the refpe6live a6ls of affembly. 
 
 They have in general a court o^ Common- commo*. 
 Picas analogous to that of Wellminfter- tZx^'S" 
 Hall; diud 2i Superior Court \hdX anfwers to "^'^'^'^ """■"• 
 that of the court of Kings-Bench, to which 
 are annexed commiffions of Oyer and Ter- 
 miner and General Gaol Delivery, A court of 
 Error or Appeals-, a court of Admiralty, and 
 in many of the States a court gf Chancery. 
 
 Where 
 
 r 
 
 
 M 
 
 \ 
 
^m-r'm^^^s^ff^r-"^^- 
 
 '- ^'i^mrn'^! ' ».W <ii( S^ ''' - '' ' 
 
 Circuiti. 
 
 ( 9^ ) 
 WVere tliere is no fucli court the judges 
 have a p >wei- of eqni tiling. 
 
 T'nc judges make their circuits twice i 
 the year as in tliii^lind. 
 
 la 
 
 ^ . V The following are the courts in the State 
 
 Courts in New ' "- ^ 
 
 Yok. ^f New -York*. 
 
 The jiiftice* 
 court. 
 
 ftfTior,*, 
 
 Common- 
 {)lcas. 
 
 1. The Jvflices Court holds pleas For the 
 determination o\ caules under tni pounds. 
 They proceed in a very lammary way. 
 
 The juaices have a^fo a jurifdiaion with 
 rerptd to crimes under the de-ree of grand 
 larciny. 
 
 From this court an appeal lies to the 
 fefii uiis. 
 
 II. The Cmrt of Sejfiom, which very 
 much rdeinhlesihe fame court In ICn-vland. 
 
 HI. The court of Common-Pleai takes 
 cognizance of all caulVs where ihe m.tter 
 in dem.ind is above the value of Un punds, 
 and the pradice h nearly the fame as that 
 
 ♦ F.-,r the appointment of officer* aud juiUcc. of the p"cc, 
 lee the cwnanuwaa at the cad, 
 
 of 
 
( 97 ) 
 
 of the Common-Pleas at Weilminfter. The 
 clerk iflues the writs, enters the minutes, 
 and keeps the records . of the county. 
 It is held/owr times in the year, and the 
 judges together with fome of the juitices 
 hold at the fame time a Court oj General 
 Sejfions of the PeMce, 
 
 IV. The Suprme Court. The jurif- Supr.macourt. 
 diftion of which exiends throughout the 
 
 State, and is analogous to the court of 
 King s-Bench at Weftminfter. It hisfour 
 terms, and always fits at New- York. 
 
 V. The court of CA^nc^^;)'. other coiirti» 
 
 VI. The court of Admiralty. 
 
 VII. The Perogative Court. 
 
 t 
 
 VIII. The Court of the Governor and 
 Council. , 
 
 In all of which the proceedings are Proceedings. 
 {imilar to thofe in England. • cep.aa— 3* 
 
 In Jamaica the fupcrior court of com- Superior court*. 
 
 ..> >^ of civil junf- 
 
 mon law is called the fupreme court, and diction ia ja« 
 
 • . Jn»ica» 
 
 has jurifdiftion like that of the Kmgs- 
 JSench, Common-Pleas, and Exchequer. 
 
 The 
 

 ( 98 ) 
 
 The judges here go the circuit twice in the 
 year. 
 
 larbadoes. 
 
 In Barbadocs there is a court of Co7n^ 
 mon-Pkas in every diftriB, and dillinft 
 judges in each. 
 
 Jamaica, Saint lu Jamaica, St. Chriftopher, and Nevis, 
 Kevis.°^'^^ ' the Supreme Court has the fame jurifdiftion 
 as the King'i-Bench and Common-Pleas. 
 
 Barbadocs, An- 
 tigua, &c. 
 
 In Barbadoes, Antigua, and Montfcratt, the 
 Crhninal Court is diftin^l from the Common- 
 Fleas and confifts of a number of judges. 
 
 In AntijTua there is but one court of 
 
 o 
 
 Ccinmon-Plcas for the whole ifland. 
 
 OtVicrLecward 
 Iflands. 
 
 In the reft of tlie Leeward Iflands the 
 Superior Court of Covivicn Laiv is a King's- 
 Bench and Connnon- Picas. 
 
 Mode of bring- 
 ing actions. 
 
 The mode of bringing an aftion in the 
 United-Stales and tl.c Wejl-India iflands 
 alnioft all diflcr, but the following obferva" 
 tions on tiieir judicial proceedings will ap- 
 ply to moil of them. 
 
 In the \^'cft-India iflands the aftion is 
 commenced by filing the declaration in the 
 
 office, 
 
( 99 ) 
 
 office^ and the copy of fuch declaration 
 with a fummons is ferved on defendant by 
 one of the marfhal's bailiff's, but if defend- 
 ant is abfent from the ifland arid has ap- 
 pointed an attorney, then if the letter of 
 attorney is regiftered, in the fecrctary of 
 regifter's office, the declaration is ferved up- 
 on him or left at his ufual place of abode: 
 if no fuch letter of attorney is regiftered in 
 the office, then if the defendant has a plan* 
 tation on the ifland, the declaration, &c» 
 muft be ferved on the overfeer; and if rei- 
 iher is to be met with, it muft be left at the 
 houfe upon fuch plantation, if there is no 
 plantation (the property of the defendant) it 
 muft be nailed on the court-houfe door. 
 
 All original procefs, and even writs of ^^^f^l r- 
 dedimus potejlatem to commiffioners to take 
 renunciation of dower, are iffiied by the 
 courts of common law, and tefted in the 
 name of the chief juftice. No writs arc 
 iflued out of the chancery. 
 
 No real anions are in ufe, except ac- RcaUctioan 
 lions in dower. The method of proceed- 
 ing in the courts of the United-States, (in 
 criminal cafes) is fimilar to that of the fu- 
 perior courts in England, except that in de- 
 fending a prifoner, counfel are allowed to 
 
 O % addref^ 
 
^Smm^m 
 
 H 
 
 i 
 
 !\ If 
 
 Obfervationj 
 of Lord Hale 
 applicable to 
 the Unitcd- 
 StittcSi 
 
 ( loo ) 
 
 addrefs the jury upon fafts and evidence, 
 as well as upon points of law. 
 
 Lord chief jufticc Hale, in his hiftory of 
 the Common Law, has the following remark 
 on the courts of juftice in the feveral Counties 
 in England, when the property of the fub- 
 je6l was determined in thofe courts. . 
 
 " All the Bufinefs of any moment was car- 
 ried by /anions or parties ; fo the freeholders 
 being generally the judges, and converjing one 
 among another, and being as it were, the 
 chief judges, not only of the faB, hut of the 
 law. Every one that had a fuit there fped 
 as they could make parties ; and men of great 
 power and interefl in the country did eajily 
 overhear others in their own canfcs, or infuch 
 wherein they were interefled either by relation 
 i^ kindred, tenure, fervice, dependence , or 
 application," 
 
 The United-States are, in fomc degree, 
 nearly in the fame fituation with the courts 
 in England, at the time mentioned by Hale, 
 and there is too much reafon to fear that 
 fimilar caufes will produce fimilar effefts. 
 Many families are poiTeffed of lands of vaQ: 
 extent — they are connefted by kindred with 
 the gentlemen of the law, both of the bench 
 
 siid 
 
( lO. ) 
 
 and bar, moft of whom are themfelves iti- 
 tercfted in feme of thefe boundlefs land pa- 
 tents. It is not improbable that combina- 
 tions may be made between the bench and 
 bar whereby partial juries may be procured. 
 In fuch cafes property mull become pre- 
 carious to people of different interefts from 
 them. 
 
 This is very much the cafe in South and 
 North-Carolina. 
 
 The lawyers throughout America, who 
 are appointed to preftde on the bench, arc 
 generally men of eminence in the profeffion, 
 and of the firft charaftcr in point both of in- 
 tegrity and ability ; but it is certain that tod 
 much is left in their ^ozuer*^ 
 
 In Jamaica and Barbadoes f the dc- CoimfeUndatt 
 partments of counfel and attorney are 
 diftinft. In all the other iflands, and 
 throughout the States, they are united. 
 
 V 
 
 * See thcaccountof law procccdingi ia CooBcfllcutia Peter**') 
 Hift. p. 298. 
 
 f As to the admlflioa of barrifters to practice iu the Weft*' 
 Indies, by theliccnfe of? governor, without having been called 
 to the bar in England and for many other interefting particulars 
 xdatipg to tbe profdOlon) fee C»rrit>beaiiia> vuL 1. gSa. c. 
 
 The 
 
'Si««j^pr^^^ll^l^., 
 
 i-^ 
 
 ■ » 
 
 i I 
 
 I 
 
 I € 
 
 ( 102 ) 
 
 Ttie fame perfon who manages the prb- 
 cefs, and brings the caufe into court, ad- 
 vifes his client and pleads the caufe. Tiie 
 mere knowledge of praftice avails nothing, 
 nor is eminence to be here obtained by the 
 utmoll extent of legal knowledge, unac- 
 companied with the accomplifhments of the 
 orator. The palm is to him who has the 
 handfomeft way of opening his mouth. 
 
 
 CHAP. 
 
 li; 
 
( 103 ) 
 
 rr. 
 
 CHAP. VI. 
 
 O/the Court of Admiralty * and Affairs 
 Maraiime-'Captures — Capitulations y 
 &c. &c, &c. 
 
 T 
 
 H E court of admiralty has three forts Court of aA. 
 
 f • TJTL' miralty, 
 
 or juntdiaions. 
 
 I. Itdecides all maritime caufes; 
 
 II. It determ'nes the legaHty of capturet 
 in time of war. 
 
 III. It has a concurrent jurifdi8ion with jurifdlAIor, 
 the courts of record, where penalties and 
 forfeitures are incurred by aft of parlia- 
 ment, (in the dominions of England,) or aO: 
 
 of affembly (within the United-States.) 
 
 The proceedings both in the United- Proceedings. 
 States, Briiifh Provinces, and Weft-Indies, 
 
 * There are very few admiralty precedents , in print; feme 
 are to be found in Stokes's Colony Coiiftitiition, to whicll ufcful 
 »«d excellent publicatioa the reader i« reierrcd, 
 
 arc 
 
 V 
 
 
 \ w 
 
 hi 
 

 ( io4 ) 
 
 arc the fame as in the court of admiralty in 
 England. 
 
 From the determination of this court in 
 
 Jee Blackfts. * . T»r /y i J' 
 
 Comments.voi. (^q Britifh Piovmccs, and Welt-lnaies, an 
 ''^'^^' appeal lies to the high court of admiralty 
 
 in England, and to the King in council. 
 
 In the United-States the appeal is to the 
 
 governor and council. 
 
 f flees, A«. 
 
 Sale, &f« 
 
 When two powers are at war they have 
 a right to make prizes of the fhips, goods, 
 and effeBs of each other upon the high 
 feas. Whatever is the property of an 
 enemy may be acquired by capture at fea, 
 but the property of a friend cannot be taken 
 provided he obferve a nutraUty. 
 
 By the maritime law of nations, univer- 
 fally and immcmorially received, there is 
 an eftabliflied method of determination 
 whether the capture be or be not lawful 
 prize. 
 
 Before the fliip or goods can be difpofed 
 of by the captor, there muft be a regular 
 judicial proceeding, wherein both parties 
 muft be heard, and condemnation there- 
 upon as a prize in a court of admiralty* 
 judging by the law of nations and treaties. 
 
 
( ^05 ) 
 
 The proper and regular courts for tlicfe Court, &< 
 condemnations is the court of that State to 
 whom the captor belongs. 
 
 A claim of fliip or goods mud be fup- Claim. 
 ported by the oath of fomebody at leaft as 
 to belief 
 
 a 
 
 If the fentence of the admiralty is erro- CourtofrcTiei* 
 neous, theie is in every maratime country 
 a Superior Ccurt of Review^ to which the 
 aggrieved party may appeal. Th:: court is 
 alfo governed by the law of nations, and 
 the treaties fubfifting with that neutral power 
 whofe fubjeft is a party before them. 
 
 In Great-Britain and her provinces, the Capture, &c 
 property of prizes being given in war to the 
 captors, the King cannot arbitarily releafe 
 the capture ; nor can the property of a 
 foreign fubje6l, taken as prize on the high 
 feas, be affefted by laws peculiar to Eng- 
 land. 
 
 Every State has an equal right to ere6l Admirai.y 
 admiralty courts, for the trial of prizes ^"""=''^'=- 
 taken by virtue of their refpeftive com- ' 
 
 miflions; but neither has a right to try 
 the prizes taken by the other, or to reverie 
 the fentences given by the others tribuni ils. 
 
 P The 
 
 .. 11 
 
 / 
 
 ■'1 
 
 u 
 
 
 i 
 
 M 
 
Court of admi 
 raltyi &c. 
 
 ( >o6 ) 
 
 The only method of reftifying their errors 
 is by appeal to the fuperior court. 
 
 This is the clear law of nations, and by , 
 this method prizes have always been deter- 
 mined in every other maritime country in 
 Europe as well as in England. 
 
 In cafe of prize veffels taken in time of 
 war in any part of the world and condemned 
 in any court of admiralty as lawful prize, 
 the appeal lies to certain commillioners of 
 appeals, confifting of the privy council; 
 and not to judges, delegates; and this by 
 virtue of diverfc treaties with foreign na- 
 tions, by which particular courts are ellab- 
 lifhed in all the maritime countries of 
 Europe for the decifion of the legality of 
 prizes. 
 
 The or ginal court in which the queftlon 
 of legality is triable is the court of admi- 
 ralty, the court of appeals is in effe6l the 
 Kin^'i privy council, the members of 
 which are in confcquence of treaties com- 
 miiTioned under the great feal for this pur- 
 pofe *. 
 
 * See Scat. aa. Geo, 11. 0,3. and 3 Blackftonc's Comments. 
 P 69, ^9, 
 
 The 
 
 
 %.. 
 
I 107 ) 
 
 PRACTICE, &c. 
 
 T 
 
 occ. 
 
 HE warrant mud be executed by a per- inftruftiong fop 
 
 r L '^ J J 1- r the execution 
 
 Ion who can write and read, whole of a warrant 
 name muft be firft inferted in the blank leftin [nr;,irX"t, 
 the beginning of the warrant Tor thatpurpofe, '^^ ^ ^*'*' 
 by going on board the fhip and produc- 
 ing the warrant to the m.-ifter, command- 
 ing officer, or feme of the crew on board, 
 and declaring before then that he doth by 
 virtue of the warrant, arrell the faid (hip, 
 her tackle, apparel, and furniture, at the 
 fuit of /. B. W. E. and Co. late mari- 
 ners of the faid fliip, in an aftion of £'. 
 and that he doth cite all perfons in general 
 having, or pretending to have, any right, 
 title, or intereft in the prem.fes, to appear 
 at the time and place, and to the effeft 
 mentioned in the faid wa- am. He ti.. n 
 affixes a copy on the main-malt and leaves 
 it there, and after filling up the blanks in the 
 certificate indorfed on the back of the 
 warrant, he fubfcribes his name thereto, 
 and makes oa^h thereof before a magiftrate, 
 and then returns the warrant to the admi- 
 rally office. 
 
 I 
 
 ll 
 
 )h 
 
 i^t 
 
 P 2 
 
^-v 
 
 • / 
 
 ( 108 ) 
 
 If there is any apprehenfion of the 
 SeadmifaiT "^^fters running away with the fhip, the fails 
 toarrcftafhip. may bc takcii on fhore and a man fent on 
 
 Certificate of 
 the 
 
 ervice <n a 
 
 fi 
 
 board to fecure her under the arreft 
 
 man 
 arrel 
 
 J 
 
 On the 
 
 year of our Lord' 
 
 day of- 
 
 in the 
 
 this warrant was 
 
 duly executed by arrejling the within menti- 
 oned J^iipi the [whereof 
 
 7?iajler ) her tackle,' apparel, and Jurniture, 
 
 lying at and by citing all perfons in 
 
 general having, or pretending to have, any 
 vightf title, or interejl therein to appear at 
 the time and place and to the ejjeit within, 
 mentioned, 
 
 D. L. 
 
 On the 
 
 day of 
 
 in the 
 
 the afore I did 
 
 year of our Lord 
 
 i). L. was [worn to the truth of the above 
 certificate before mc, 
 
 W. R, 
 
 St. CHRISTOPHERS, 
 
 Libieforwngfi, Ln the court f/ Vice Admiralty en the 2d 
 April, 1767, before the Honourable R. H, 
 Efq, Judge Surrogate of the Court of Vice 
 Admiralty held fur the Jfland of St, 
 Cfiriflopher, 
 
 T, £, late 
 
 i ii 
 
( 109 ) 
 
 
 T. E. late mariner of a" 
 certain merchant fhip 
 
 called the whereof 
 
 ■is maftcr, againftthe 
 faid fhip, her apparel and 
 
 
 > 
 
 which day 
 H. P. as lowful 
 proHor of the faid T, 
 E. by oil better and 
 
 furniture, and alfo againft ^more eJfeHual ways and 
 
 the faid mafter, in a j ^,^^^,^^^ ^^^ ^^j^^ ^^ ^^ 
 
 certain caufe of fubtrac- l . , , , ', , r 
 
 , , ... I intents and purpojcs 
 in law whatfoever, 
 
 tion of wages 
 and maritime. 
 
 doth fay, alledge, and inlaw propound articiL- 
 lately as follows, — That is to fay : 
 
 Firfl. — That in the month of June, in the 
 year of our Lord one thoufand [even hundred 
 and fixtyfix, the [aid fhip whereof the faid 
 I. N. then was and is now majler, being at the 
 port of Brijlol, in the kingdom of Great- 
 Britain, and defigned on a voyage to the 
 coajl of Guinea, and from thence to the Wefi- 
 Indies, and fo back again to the faid port of 
 Briflol. The faid I. N, did by himfelf or 
 agent, upon the high and openjeas within the 
 ebbing and f owing thereof, and jurfdiBion 
 of the court of admiralty of the Ijland oj oaint 
 Chri/lopher, Oiip and hire the faid T. E, 
 toferve as fccmd mate on board the faid fhip, 
 on the faid voyage, at and after the rate of three 
 pounds, flerling money of Great-Britain, by 
 the month; and the faid T. E. did, on or about 
 the eighteenth day of June, aforefaid, go on 
 hoard and enter into the fervice of the faid 
 
 )k 
 
■.■Sssr:m--^. 
 
 
 ^.] 
 
 K^n 
 
 U I 
 
 i ■ I 
 
 VI I 
 
 is J*i 
 
 Jhip, and thefaidJJiip proceeded on the /aid- 
 voyage, and took in a cargo of Jlaves on the 
 J'aid coajl of Guinea, and then came to the 
 Jaid IJland oj Saint Chrijiopher, where Jhe 
 delivered her Jaid loading ; and the [aid T. E. 
 Jerved as fecond mate afoj-ejaid, on beard the 
 Jaid Jhip, from the /aid eighteenth day cf 
 Jane afore [aid, to the third day Ojf March 
 aforefaid, being eight months and Jive days* 
 which amount to the fimi oJ twenty four 
 pounds J even fJiillings and fix-pcnce, whereof 
 received in flerling money, the fim oJ [even 
 pounds, which being dediiHed from the Jim of 
 twenty four pounds /even fJiillings and fix^ 
 pence, there remains due to the /aid T. E. the 
 fum of feventeen pounds feven /hillings and 
 fix-pence ; and the /Ad T. E, well and truly 
 performed his ojice and duty of /ccond mate 
 on board the f aid f hip during all the /aid timxy 
 and was obedient to the laxo/'id commands of ' the 
 /aid ma fer thereof, and tuell and truly de/erved 
 the /aid monthly wages, and fo much or greater 
 monthly wages than zoas vfually given to per- 
 fons fcrving infuch capacity in other fJiips on 
 tlie like voyage; and this zvasand is true, and 
 fo much the faid I. N. hath con/rjed and 
 acknowledged to be true ; and the party pro- 
 ponent doth allcdge and propound of any other 
 time, and place, and /alary, wages, [am and 
 fmns of money, and of every thing elfe, as/hall 
 
 appear 
 
 
( "> ) 
 
 appear from the proofs to he made in this 
 caife. 
 
 Second. — That all and fingidar the premifes 
 zuere and are true, public, and notorious, and 
 thereof there was and is a public voice, fame and 
 report, and of which legal proof being made, 
 the party proponent prays right andjujlice io 
 he ejfeBually adminijlered to him and his party 
 in thepremifeSi &c. 
 
 I 
 
 / 
 
 A capitulation is a voluntary furrender CapUuiations, 
 to fave the enemy the trouble, and parties 
 furrendering, the bloodfhed and total con- 
 fifcation which muft follow further re- 
 fjftance, 
 
 The following confequences naturally confcqucnce^ 
 rcfult from this general view of a conditi* 
 onal furrender. 
 
 I. That the rights which capitulants pre- 
 fcrve depend on the letter of the capitula" 
 tion. 
 
 II. That the conquered fovereign has no 
 right to deprive his old fubje^b of the 
 advantages he has thus ftipulated for them, 
 but is bound to fee that the terms fecured 
 are duly obferved. 
 
 The 
 
'««#^^<«^..:.dfi««.- 
 
 Right of Cap 
 
 >\. 
 
 ( 112 ■) 
 
 j„^g^ The right of capture is derived from the 
 
 • fovereign. and it lies with him (only) to fpe- 
 cify whom they may treat as enemies, and 
 to prefcribe limits to their commiflions*. 
 
 Rcprifais. Grotlus fpcaking of the law of reprifals, 
 
 B. 3. c. 2. f. 7. as diftinguiflied from that of a general war, 
 has the following palfage. 
 
 *' By the law of nations all the fubjefts 
 of the fovereign from whom one has re- 
 ceived an injury, who are fuch from a per- 
 manent caufe (/. e.) fettled in the country, 
 are liable to this law of reprifals, whether 
 they be natives or foreigners; but not if 
 they be only travellers or fojourncrs there 
 but for a little time. For thcfe reprifals are 
 much of the fame nature with taxes which 
 
 . ■ / 
 
 is'i 
 
 * Capitulnnts from mirapprclienfion of their effects bcirjg lia. 
 blc to confifcatioii (as belonging to the enemies of Great-Bi itain,) 
 arc often iniluccd to difguile and colour the dcAin;]tion of their 
 voyages, and t!ic real property of the vrfTels in which tlicytradc, 
 and fometimes that of the roerchacdizc too, under thenamesof 
 Ntutrali, and have thus incurred the penalty by the very art they 
 ufcd to prevent it, for thofe who are acquainted with admiralty 
 proceedings know that this colouring, this mala fdes, in the 
 papers relating to a (hip or cargo, operates fo ftrongly that the 
 difcovery of it will of itftlf effect a condemnation when the 
 fair truth, openly avowed in m uridrcfed Jlate of falls, would 
 liavc avoided it. Too much management, in a caul'e naturally 
 generates fufpicion. Sec a pamphlet entitled " An Enqi^-'ry 
 ■poll the fubjedl of capitulations publilhed in Antigua, 1783. 
 
 are 
 
 I 
 
 %> 
 
( «13 ) 
 
 are introduced for the payment of public 
 debts, wherefore they are exempted from 
 them who only for a time are fubjefts to the 
 law of the place. Amongft perpetual fub- 
 jefts, the law of nations excepts only from 
 reprifals, the perfons of ambafladors and 
 their baggage when they are not fent to 
 our enemies." 
 
 Speaking of a fokmn tuar and its dmun- i. 3. c. a- f- p 
 ciation, he fays, " War denounced againfi 
 a fovereign isprefumed at the fame time to 
 be denounced not only againft al! his fub- 
 je6ts, but alfo others who ftiall join him, 
 and who ought to be confidered, in regard 
 to him, only as an acceffary." 
 
 Afterwards in the chapter which treats of b. 3. en. ^,] 
 the right of killing enemies in a Jolemn 
 -war, and other hc/lilities committed againft 
 the perfon of the enemy, he con/iders hovt 
 far, and againfl what defcription of perfom 
 this righi extends. His words are, " But 
 this right of licence is of large extent, for 
 it reaches not only thofe who are actually 
 in arms, and the fubjeft of the prince en- 
 guaged in war, but alfo thofe who refide 
 within his territories, as appears from that 
 form in Livy." Let him and all that live 
 luitlnn his country he our enemies. 
 
 i 
 
 (t 
 
 But 
 
^ ^SBRPBi-^^f* *»• 
 
 ( iM ) 
 
 *• But they who went thither before the 
 war, are, by the law of nations, allowed a rea- 
 fonable time to depart, which if they do not 
 make ufe of, they are accounted enemies/* 
 
 nj 
 
 *' That we may not kill or hurt them in 
 a neutral country, proceeds not from any 
 privilege attached to their perfons, but from 
 the right of that prince in whofe dominions 
 they are, for civil focieties may ordain thai 
 no violence be offered to any in their terri- 
 tories, but by proceeding in a judicial way." 
 
 Heincccius in 
 his lefturcs on 
 tliis chapter of 
 Grotius, has 
 fomc obferva- 
 tions not inap- 
 plicable to this 
 
 fubjefl. 
 
 See 
 
 Heineccii Pre- 
 leflioncs An- 
 dcmicjc, in 
 Hug. Grot. ch. 
 
 *• ,r 
 
 Sec alio 
 
 Byiikeiflioi'k's 
 Qiititioti, lib. 2 
 cap 3.adfincni 
 De Vattel's 
 Law of Nations 
 vol. 2. c. 5. 
 Hiibcriu de 
 Jure Civitatis, 
 lib. 1 I. 8. c. 7. 
 Vi- Iinpciiis 
 IliVoluilt:iliis, 
 and tlic fame 
 Author, lib. 3, 
 (. 4. c. 3. Dc 
 facdcribu'j. 
 
 The author before cited, in the note, p. 
 110, lays it down as a principle (which both 
 reafon and authority feem to warrant.) 
 *' That Capitulants, are, during war. 
 Neutrals notwithftanding, or rather with 
 the exprefs permiflion of a refidence in 
 the country, and confequentiy that this 
 quality draws after it all the confequence* 
 with refpeft to their property, which the 
 law of nations has attached to the quality 
 of neutrals and that as fuch it cannot 
 be lawfully feized as prize of war, by 
 their fovereign * nor by his fubjefts, fo 
 long as ihcir commerce in the nature of its 
 articles, and the dcltination of its voyage 
 
 'I'tis prince l« whom they ftill Uclooj^. 
 
 if 
 
 
 4 
 
( «»5 ) 
 
 is fuch as is permitted to the fubjefts of 
 any other the moft favoured neutral nation, 
 refiding in a neutral illand." 
 
 
 I 
 
 5 
 
 Some very eminent opinions upon ObfervationJ. 
 
 ■CHE SUBJECT ARE SUB-JOINED, FROM 
 
 WlilCH IT MAY BE INFERRED, THAT IT 
 
 IS NOT THE NATURE OR DISTINCTION 
 
 OF A CARGO (supposing IT NOT COUN- 
 
 TRABAND NOR BOUND TO A PLACE 
 
 BLOCKED UP) BUT THE QUALITY OF THE 5''^'l."t'r-y °! 
 / *■ tnc proprietor 
 
 PROPRIETOR THAT DECIDES THE FATE OF fixes th; crite- 
 rion of prise 9r 
 A VESSEL OR CARGO, EITHER OF WHICH no prLec. 
 
 MAY BE PRIZE WITHOUT AFFECTING THE 
 
 OTHER ; AND THAT IF THIS IS THE RIGHT 
 
 or FOREIGNERS, BY REASON OF THEIR 
 
 NEUTRALITY, IT IS EQUALLY THE RIGHT 
 
 OF CAPITULANTS, WHO HAVE THE SAMS 
 
 QUALITY. • 
 
 OPINIONS, &c. 
 
 Qu. I, TS the loading (being fugar, rum, qu. ift, 
 
 -■- and other commodities, ^ow^T^^itf 
 of the growth, produce, and manufacture of 
 the ifland of Dominica, in its prefent fitu- 
 ation) on board of the {hip A, commanded- 
 by B. C. of Retterdam, (which fhip is the 
 property of the fubjects of the United-States 
 in amity with his Majefty, and was bound 
 
 Q 2 with 
 
 4 
 
 i 
 
.''"'SSS&i^lK'^'' 
 
 Anfwer, 
 
 ( "6 ) 
 
 with fuch loading from Dominica, to the 
 laid port of Rotterdam) liable to confifca- 
 tion, or fubject to condemnation as law- 
 ful prize of war ; fuch (hip having been 
 captured by a Britilh cruizer, carried into 
 one of the Jkitifh plantations, and there 
 libelled in the court of vice-admiralty ? 
 
 Anf, If the facts fet forth in the query 
 are clearly made out in evidence, and it 
 Jhall alfo appear that the cargo is the < hfo- 
 lute and entire property of perfons pojjejfed of 
 ejlates in Dominica, at the date of the car 
 pitnlation, We are of opinion that fuch 
 cargo is not liable to be condemned as law- 
 ful prize of war. 
 
 •u. 2d. Q}(" II- Is the faid fliip, being the pro- 
 
 perty of the fubjects of the United provinces 
 in amity with his Majelly, and which had 
 been /^on^^^id employed in carrying necelfary 
 and innocent articles of plantation fupplies 
 from the ports of Holland, to the faid 
 Ifl md of Dominica, and was actually car- 
 ry ing the produce of Dominica from thence 
 to the court of Rotterdam, liable to con- 
 fifcation, or fubject to condemnation as law- 
 ful prize ol war ? 
 
 M' 
 
 
\ ^ 
 
 
 ( ii7 ) 
 Anf. The fhii), in the cafe defcribed, is Anfw.r. 
 not liable to condemnation as lawful prize. 
 
 William Wynne. 
 
 Alx. Wedderburn. 
 
 May 4.thy 1779. 
 
 
 To the preceding Queries, Mr. Dun- d;'j;"'"6'» 
 KING makes the folloioing Anfwers, 
 
 To the frjl he fays, ** Upon the facts 
 dated, I conceive the cargo of this fhip, 
 which I underjland to he Britijh property, 
 not to be liable to confifcation or condera- 
 nation." - ' 
 
 To the fecond he fays; " I apprehend 
 this fhip is not lawful prize." 
 
 Ou. III. The produce of plantations in Qu.sJ. 
 the ifland of Dominica, at a diftance from 
 the principal ; - « where the Ihips load for 
 Europe, is brought in fraall veflels, employ- 
 ed for that purpofe, (and there called 
 Droghers) from the bay next to the plan- 
 tation where it is produced, to fuch princi- 
 ple ports to be put on board the fhips there 
 loading for Europe. Therefore, is fuch 
 produce, in making the paffage defcribed, 
 IB th*^ fame ijtuation, and under the fame 
 
 fotedion 
 
 in* 
 
 f 
 
 rw 
 
Aafver. 
 
 ( "8 ) 
 
 |>rotection and freedom from capture, as it 
 is in its pafTage on board a European neu- 
 tral fhip, to an European neutral port ? 
 
 Anf. " The fc ^nteenth article of the 
 capitulation feems to protect it from capture 
 on the part of France; and as to capture 
 on the part of England, I fee no ground to 
 diftinguilh the cafe of a cargo on board one 
 of thefe coafling veflels from that of the fame 
 cargo, if taken in its palfage to Europe.'^ 
 
 J. Dunning. 
 
 ir^th May, 1779. 
 
 The follozoing is the Report made 
 by the Crown Lawyers on the Saint 
 Vincent Petition. 
 
 m 
 
 Rcpovtofti.e " In humble obedien:e to his Majefty's 
 crown awyers, commands, &c. &c. we havc conlidered 
 the cafe, and are of opinion that goods 
 which are actually the growth, produce, 
 and manufacture of the ifland of St. Vin- 
 cem, are not liable to be feized bv Britilh 
 cruizers on board neutral fhips, or vefTels 
 bound for neutral ports; and alfo that fuch 
 • goods on board of Droughers, belonging 
 to the inhabitants of St, Vir cent's and 
 
 going 
 

 ( "9 ) 
 
 going from one port or bay of the faid 
 ifiand to another, are not liable to be 
 feized by the faid Britifh cruizers *." 
 
 William Wynne. 
 
 Alex, Wedderburn. 
 
 James Wallace. 
 
 May lothf 1780. 
 
 v 
 
 * Upon the fubjeft of opinions, it is proper to premifc 
 following obfcrvations. Giving the full weight of authority, 
 the judgement pronounced is always to be confined to thej><ir- 
 ticular cafe dated. No conclufion can be drawn either way- 
 it cannot be decided, whether the counfcl would or would not 
 have given a fimilar opinion on any other articles ; and there- 
 fore as there is no other grounds, on the one hand, to fay that 
 ether merchandize, not the produce of the captured idand, would 
 have been held in the fame light; fo, on the other hand, it can- 
 not be concluded that the counfel meant explicitly to exclude 
 fuch other merchandize from the fame exemption. He confi- 
 dcrs nothing but the inftance before him, and his opinion goes 
 no further. The only rule is that, Dt iijdtat^ idtn jlus^-^Selt 
 the book before (itcd, p. 49. . 
 
 (1 
 
 CHAP. 
 
 B 
 
( ^^o ) 
 
 CHAP. VII. 
 
 t 
 \ 
 
 4 
 
 
 flavesi c<'. 
 
 RfUtcs tail, 
 iower, rc^if- 
 tering deeds, 
 
 Of Slavgs—E/lates Tail—Dower-^ 
 Regijlering Deeds—Defcents—Dif- 
 tribution of Fflates-'Conveyances, 
 
 IN fome of the I Hands, States, and Pro- 
 vinces, negroes are confidered as per- 
 fond e/iaie ; in others of a mixed nature ; 
 a.id in others again are deemed real pro- 
 perty. 
 
 When they are confidered as real e/late, 
 they mull be conveyed by deed, and that 
 deed muft be regiftered. 
 
 The method of barring cjlafes tail, dower, 
 &c. and regijlering deeds, differing very 
 materially in the different Iflands, States, 
 and Provinces, it will be neceflary for the 
 praftifer to confult their refpeftive law 
 codes. 
 
 In mofl, if not in all, the United-States 
 words which by the law of England cor .li- 
 
 tutc 
 
( »•» ) 
 
 tute an ejlak tail, are declared by aft of 
 alTemby to be confidered 2i& fee fimpk con- botiiinvirginia 
 ditional at cmmon law, and confequently '*" °^ * 
 they have neither^»« or recoverits. 
 
 When any perfon dies feized of lands, New-York^ 
 &c. without having devifed the fame in 
 due form of law, and leaving more than 
 one perfon lawful iffue, or without lawful Howinhen- 
 
 ^ ^ ' tancoi oelccne. 
 
 ifllie, the inheritance inftead of defcending 
 to the heir at law, defcends as follows in the 
 four following cafes, 
 
 I. In cafe the perfon fo feized leaves ^'f^-. when 
 
 r 1 r I r I • rr ■ there is lawful 
 
 feveral perfons, lawful lilue, in the direft iTue of equal 
 line of lineal defcent, and all of equal de- ianguiaity. 
 grec of confanguinity, to the perfon fo 
 feized, the inheritance fhall defcend to the 
 faid feveral perfons, as tenants in common, 
 in equal parts, however remote from the 
 perfon fo feized, the common degree of 
 confanguinity may be. 
 
 II. In cafe the faid perfon fo feized Secondly* 
 
 Where lawful 
 
 fhould die, leaving lawful ilTue of different ifTueofdiflerent 
 
 , pp.. , . , degrees of cou- 
 
 degrees ol conlangumity to him, or her, fanguinity. 
 the faid perfon fo feized, the inheritance 
 defcends to the lawful immediate children 
 of the faid pe-fin fo feized, as tenants in 
 common, in equal parts; and in cafe any 
 
 R of 
 
 II 
 
! 
 
 Thirdly. 
 Where without 
 lawfn iflue 
 brothers, &c. 
 {hall inherit. 
 
 ( 122 ) 
 
 of the faid immediate children fliall die in 
 the life time of the perlon fo fcized, and 
 leave lawful ifTue, Juch ijjut fliall inherit ; 
 if one perfon folely, and if feveral perfons 
 as-tisnants in common, in equal parts, the 
 fame eftate which would have deicended to 
 his, her, or their parents, if fuch parents 
 had lurvived, fo that the eflate could agrees 
 able to the rules of defcent thereby eftab- 
 liflied, have dcfcended to him or her, and 
 the fame law of inheritance and defcent is 
 obfcrvrd in cafe of the death of the grand- 
 children, and other defcendants in the re- 
 moteft dcgice, 
 
 III. In cafe the faid perfon fo fcized 
 fhall die with lawful iffuc, leaving brothers, 
 or a brother or bi others, and filler or filler^ 
 of the whole bloc^d. the inheritance fliall dc- 
 fcend to fuch brothers, or to luch brother 
 or brothers, and fHtfr or fillers, ai> the 
 cale may be, as tenants in common, in 
 equal parts, 
 
 Fourtl^V* 
 
 WliLK ne- 
 phc\ s. &c. 
 Ihali ^.therit. 
 
 IV. In cafe any fuch brother or fifter 
 fliall die, leaving a lawiul child or children, 
 and in the life time of the perfon fo feized, 
 fuch child or chiidien fhall inherit; if 
 a child foiely, and if children as tenants 
 in common, in equal parts, the fame eflate 
 
 which 
 
ll 
 
 ( 123 ) 
 
 which would have defcended to his, her, of 
 their father or mother, it' fuch father or 
 mother had furvived the faid perfon fo 
 feized, and in all cafes of dcfcent, not 
 particularly provided for by this aft, the 
 common law fhall govern. 
 
 Provided that nothing herein contained Provifion infa. 
 
 . , vour ot a huf. 
 
 fliall be conftrued to bar or injure the right laadorwifc. 
 or eftatc of a hufband, as tenant by the 
 courtefy of England, or the right of dower, 
 which a widow is entitled to. 
 
 
 Hi 
 
 one yrars, are 
 to defccnd. 
 
 All pofthumous children, in all cafes what- poJihumom 
 
 r • I -^ • iM T^L L J childicn hoW 
 
 fover, inherit in like manner as it they haa to inherit. 
 V, been born in the life time of their refpeftive 
 fathers. 
 
 All eftatcs for years, for mare than Howpftatesfor 
 
 £> • 1 1 i years, tor more 
 
 twenty-one years, ot or in laiuis, tena- than twenty 
 
 ments, hereditaments or real ellates what- 
 
 foever, whether in poUcflion, reverfion, or 
 
 remainder, by direft and immediate devife 
 
 or conveyance, or by fetdemcnt to ufe or 
 
 ufes, are (ipfo fa6to) null and void from 
 
 the beginning, and the eftates and inter- 
 
 cfts (fo feverally and refpeftively attempted 
 
 to be difpofed of and transferred} defcends 
 
 according to this law, and the commori 
 
 law aforefaid. 
 
 R 2 t^O 
 
 I 
 
 if 
 
( 124 ) 
 
 No eftate in joint tenantcy in lands, mef- 
 fuages, tenaments, or hereditaments, can be 
 held or claimed by or under any grant, 
 devife, or conveyance whatfoever, unlefs 
 the premifes are exprefsly direfted to pafs, 
 not in tenantcy in common, but in joint 
 tenantcy; and every fuch eftate, unlefs 
 otherwife exprefsly declared as aforefaid, 
 ihall be deemed to be tenantcy in common. 
 
 CHAP. 
 
 I 
 
r- 
 
 ►e 
 
 t, 
 
 fs 
 
 s, 
 [It 
 
 
 ( 125 ) 
 
 CHAP. VIII. 
 
 Of the Method, of authenticating 
 
 Letters of Attorney Affidavits^ 
 
 &c. &c, for the Recovery of DebtSy 
 with Precedents^ PraBice, &C' — 
 Method of levying Executions in r 
 Barbadoes, &c, &c. 
 
 A LL affidavits tranfmitted to the States Affidtyit. 
 -^ ^ or Colonies for the purpofe of re- 
 covering debts, muft purfue the direftion of 
 the fttatute of 5. Geo, II. c. 7. 
 
 When a power of attorney is tranfmitted Power of attor- 
 et the fame time, -with an affidavit^ they are ''* 
 both annexed together, and certified under 
 the common feal of the city or borough, 
 or town corporate where, or next to which 
 the perfon making the affidavit or affirma- 
 tion happens to refide. Where it is tranf- 
 mitted without an affidavit, it may tl m::ii 
 cither be certified under fuch common 
 feal as aforefaid; or it may be executed 
 in the prefence of perfons going to the 
 
 place 
 
 liL*IKLi 
 
 'liymij 
 
 v^-jw**^' 
 
( 126 ) 
 
 place to which the power is direfted, and 
 in that cafe one of the fubfcrihing witneffes 
 proves the execution of tlie letter of attor- 
 ney before a judge of the ftate or colony, 
 in which the letter or power of attorney 
 is intended to be enforced. 
 
 
 J 
 
 U- 
 
 Statute of 5. An A61 for the more eafy Recovery 
 i of Debts in his Majcjtys Plantations 
 and Colonics in America*, 
 
 Prcambi<*. T 71 THERE AS his Majefty's fubjefts trad- 
 
 vv 
 
 ing to the Britifh plantation in Ame- 
 
 rica, lie under great difficulties for want of 
 more eafy methods of proving, recovering, 
 
 * This a£l took its rife from tlie complaints of foinc mer- 
 chants in the city of Briilol, who not rcrriving their returns 
 from America fo quick as ihcy defircd, obtained this Bill which » 
 ■went through both Houfes without one dilfenting voice. 
 
 If 
 
 It has been thought by many that this ftatute was virtually re- 
 pealed by the ifidcpendcnce of the colonies, but the United-State! 
 having cftabliilif J it as a rule for the government of their courts of 
 julHce, to rtfiard all the laws of Em'Jand thcrttojore ufcd and approved, 
 as Jiill in force, and this ilatutc havmg luxii long ufcd and ap- 
 proved, can now never legally be fliakeii; but even this muft 
 reft too mufh on the tcnip/r of the judges and the apjiobatio* 
 of the people. 
 
 and 
 

 ( *27 ) 
 and levying debts due to them, than are now 
 ufed in fome of the faid plantations; and 
 whereas it will icnd very much to the retriev- 
 ing of the credit, formerly given by the trad- 
 ing lubje6b of Great-Briiain to the natives 
 , and inhabitants of the faid plantations, and to 
 the advancing of the trade of this kingdom 
 thither, if fuch inconvcniencies were re- 
 medied; may it therefore pleafe your Ma- 
 jefty that it may be enabled, and be it en- 
 acted by the King's moft excellent Majefty, 
 * by and with the advice and confent of 
 
 the 
 
 ^J 
 
 <! 
 
 * It is to be obferved that by one of the olded laws extant 
 in Barbadoes, all bonds and other fpcciahtics attcfled to have 
 been proved on oath under the corporation fcal of the lord 
 mayor, or any other mayor or chief officer of any city or town 
 corporate, ihall be taken, deemed, md judged as fufiicient in 
 law in any of the courts of juftice in the iflaud, as if the fub- 
 fcribing witnelTes had been thcie, and perfonally proved the 
 fame. And, by an aft for eftablilhing a court of Kiiig's-Bench, 
 Common-Picas and trrorb, in Antigua^ made in 1721, there 
 is a claufe to the fame cifcd. 
 
 J! 
 
 IB 
 
 Here provifion is made only for debts on fpecialities which 
 does not ejaend to debts on fimple contraft, and thofe on open 
 accounts, both of which arc included in the late remedy. 
 
 Merchants and traders in England do not fend their cffefts di- 
 reftly to the plantcis in the colonies, but have generally their 
 correfpondcnce on the fpot, who aft as faft.ors for them, and 
 difpofe of the goods among the inhabitants for which they are 
 allowed commiflion. Thefc agents arc pjrefumcd to be men of 
 probity and fubftance, in whom their employers can confide, 
 
 and 
 
 r 
 

 I: 
 
 
 in 
 
 I"! 
 
 ic 
 
 k' 
 
 /? 
 
 
 
 i. 
 
 ( »=>« ) 
 
 the lords fpiritual a^^d tempv^ral, and com- 
 mons, in this prefent parliament affembled, 
 and by the authority of the fame, That 
 from and after the twenty-ninth day of Sep- 
 tember, which fhall be in the year of our 
 Lord one thoufand feven hundred and thirty 
 two, in any aftion or fuit then depending 
 or hereafter to be brought in any court of 
 law or equity in any of the faid plantations, 
 for or relating to any debt or account 
 wherein any pcrfon refiding in Great-Bri- 
 tain (hall be a party, it fhall and may be 
 lawful to and for the plaintiff, or defendant, 
 and alfo to and for any witnefs to be ex- 
 amined or made ufe of in fuch aftion or fuit, 
 to verify or prove any matter or thing by 
 affidavit or affidavits in writing, upon oath, 
 or in cafe the pcrfon making fuch affidavit 
 be one of the people called Quakers, then 
 upon his or her folemn affirmation, made 
 
 and if the lattrr arc fomctimes dubious as to the circumftanccs 
 •f the former, or lefs acquainted with their pcrfons, they do 
 not fail taking fecurity here for tlieir coiiduft. As thefc agents 
 and faaors arc often obliged to give credit to the inhabitants till 
 crop time, fo they arc allowed to fue as fuch, for any debts 
 contraftcd on account oi, their employers, and which, by the 
 eourfe of the courts, ili^/ may at the trial prove by their own 
 oath, being prcvioufly iworn that ihty have no profit or lofs in 
 the aftion but their own commillions, by which means there 
 arc no debts more eafily recovered than fuchasarc foconlrafted. 
 
 before 
 
 *^'^"' 
 
( 129 ) 
 
 before any mayor, or.oth.er chief magiflrate v. 
 
 of the city, borough, or town corporate ;•„. 
 
 in Great-Britain, where, or near to which 
 the perfon making fuch affidavit or affirma- 
 tion fliall rcfide, and certified and tranf- 
 mitted under the common feal of fuch city, 
 borough, or town corporate, or the fcal of 
 the office of fuch mayor, or other chief ma- 
 giflrate, which oath and folemn affirmation 
 every fuch mayor and chief magiftrate fhall 
 be, and is hereby authorized and empowered v 
 
 to adminifter ; and every affidavit and affir- 
 mation fo made, certified, and tranfmitted, 
 fliall, in all fuch aBions or fuits, be allowed 
 to be of the fame force and effeft as if the 
 perfon o«" perfons, making the fame upon 
 oath, or folemn affirmation as aforefaid, 
 had appeared and fworn or affirmed the 
 matters contained in fuch affidavit or affir- 
 mation. Diva voce, in the open court, or 
 upon a commiffion iffued for the exami- 
 nation of witnefles or of any party in any 
 fuch aftion or fuit refpeftively. . - j r 
 
 Provided that in every fuch affidavit and PiHceofabod«^ 
 affirmation, there ffiall be exprefled the ad- 
 dition of the party making fuch affidavit or 
 affirmation, and the particular place of hi* 
 or her abode. i 
 
 %. 
 
 s 
 
 And 
 
Same power 
 extcncltd to hit 
 Majeily, Sec, 
 
 ( »3o ) 
 
 And be it further enaOcd by the autho- 
 rity aforefaid. That in all fuits now de- 
 pending, or hereafter to be brought in any 
 court of law or equity, by or in behalf of 
 his Majefty, his heirs, and fucceffors, in 
 any of the faid plantations, for or relating 
 to any debt or account, tnat his Majefty, 
 his heirs, and fucceflbrs, fhall and may 
 prove his and their debts and accountsi 
 and examine his or their witnefs or witneffes 
 by amdavit or affirmation, in like manner 
 as any fubjeft or fubjefts is or are empow - 
 ed, or may do by this prefent aft. 
 
 Fenakyonfaife Provided always, and it is hereby fur- 
 oathoraffi- thcr cnafted, that if any perfon making 
 fuch affidavit on oath or folemn affir- 
 mation, as aforefaid, fhall be guilty of 
 felony, and wilfully fwearing or affirming 
 any matter or thing in fuch affidavit or 
 affirmation, which if the fame had been 
 fworn upon an examination in the ufual 
 form, would have amounted to wilful and 
 corrupt perjury; every perfon fo offending 
 , being thereof lawfully convift'^d fhall inciir 
 ^ the fame penalties and forfeitures as by the 
 
 laws and flatutes of this realm are provided 
 againft perfons convicted of lawful and 
 corrupt perjury. 
 
 I 
 
 And 
 
 I£J£^ 
 
( i3» ) 
 
 And be it further enafted by the autho- Houfcj.hndn 
 rityr aforefaid, that from and after the 
 twenty-ninth day of September, one 
 thoufarid feven hundred and thirty-two*, 
 the houfes, lands, negroes, and other 
 
 S 2 hereditary 
 
 • By this claufe two things arc obfervable : 
 
 I. That all real eftatcs in 'he Colonies Ihall be chargeable 
 •with the debts and dci.-ands ot every kind owing to htj Ma- 
 jcfly, and his I'ubjt^a;- licic, and be alTcits for latisfattion 
 theieof in like manner as real eftatcs arc to fpcciilty debts by 
 ^he laws of England. 
 
 II. Thatfi i;ftates (ball be fnbjea to the like rcmedicj, 
 for feizing, extending, felling, and difpofin- thereof, toward* 
 fatisf.idlion of fuch demands as pcrfonal eflatet already arc ia 
 many of the faid plantations, 
 
 The FIRST is unnccelTary, the fame thing being mote fully 
 cfta bliihed by the laws on the fpot. 
 
 The SECOND is both inconvenient and impolitic. 
 
 By the law of Barbadoes no freeholder, (i. e.) one poffefled 
 of ten acres of land, can be inrefted bin by being fued in 
 the ordinary way, and judgment obtained againft him or any 
 other pcrfon. 
 
 The chief juftice is, (fourte?n days after,) to iflue a warrant to 
 
 the marlhal or Ms deputy. In the " Firll place, to attach 
 
 of the cotton, tobacco, ginger, fugar, or in !igo, belonging . 
 
 the defendant, if none fuch, then the fervants, negroes, cattlt, 
 
 horfes, or other moveables ; if none, then fuch of the landi» 
 
 plantations, or houfes of the defendant ; and laftly if none 
 
 ^uch, then to arreft the perfonof the defendant, and him in 
 
 fafc cuftody to Keep untiihc hath fa'.isfied thcplaiatiff." 
 
 Tkit 
 
 M 
 
 f i| 
 
^^^^^^^^^^^"■■■^■Si 
 
 ( 132 ) - 
 
 hereditary and real elbtes, fituate or being 
 within any of the Taid plantations belonging 
 to any pcrl'on indebted, fliall be liable to, 
 
 ' " and 
 
 m 
 
 m 
 
 1 311 
 
 t 
 
 }i^ 
 
 This is tlie fubftance of the execution, which being picfciibcd 
 by an early aft of tlic inaud, has been coiiftantly purfued ever 
 fincc without variation. 
 
 •- This talies in not only the writs of Ji fa, and elegit, but 
 alio ihe capitis ad faiifuicndum ; and indeed comprehends more 
 than all tlicfp put together, bccaul'c the marlhal may, by virtu« 
 of this adit, fell the whole real eftate where there are no ellcfts 
 to be had, 
 
 . vSce the cafu of Blancaid and Gokly. 4 Mod. 1122. Where 
 it is laid by the court, that in Barbadoes freeholds arc fubjeft to 
 debts, and are cllccmed as chatties till the creditors are falis- 
 lied, and then the lands deitend to the heir. 
 
 The law is the fame in Antigua, and in one thoufand fcvcn 
 liundred and twenty-three, an aft was alfo pafftd there for con- 
 ftjtuting a court, " To hold pica of foreign attachments," 
 according to the cuftom of the city of London. 
 
 - By uniform praftice in Batladoes, an execution taken out on 
 a judgment obtained againft an executor, even on the fimple ton- 
 traft of the tcftator, may be levied on any of his real cftaic« 
 where there are no other effcfts; and being appra' ' cording 
 to the method direfted by the aft, and not rtdec . ithin the 
 
 lime thereby limited, the marllial, of courfc, panes his bill of 
 iale to the plaintiff. This conveys the land or fenament to him 
 and his heirs, who holds the fame by a good title in fee fimplc 
 agaiufl; all claiming under the defendant or histellator, provided 
 he had fuch an cllate therein at the time of his death; other. 
 wlte, according to the cftatc he had or could have himfcif con- 
 veyed. Fiom whence it will follow, as the f aft is, that not- 
 viihftandingthcftatir.cof il.c^A 4 Wm.&.Mary, c, 14. docs 
 
 1^; 
 
 /' » 
 
wm 
 
 }f^ 
 
 ( 133 ) 
 
 and chargeable with all jufl: debts, duties, 
 and demands of what nature or kind 
 foevcr, owing by any fuch perfon to his 
 Majefty or any of his fubjcfts, and fliall 
 and may be afleffed for the fatisfadlon there- 
 of in like manner as real cllatcs are bv the 
 law of England liable to the fatisLQion, 
 of debts due by bond or other fpecialty, 
 and Ihall be fubjc£t to the like remedies, 
 proceedings, and proccfs, in any court of 
 law or equity in any of the faid plantations 
 rcfpeBivcly, for fcizing, extending, felling, 
 or difpofing of every fuch houfes, lands, 
 iicgroes, and other hereditaments and real 
 eftates, towards the fatisfaftion of fuch 
 debts, duties, and demands, and in like 
 manner as perfonal eftates in any of the 
 faid plantations refpeftively, are feized, ex- 
 tended, fold, or difpoled of for the fatif- 
 faction of debts *. ' 
 
 '•'• There 
 
 not extend to this ifland, the debts cftlie tcf '.tor have alv/ays 
 been I'jtisdcd out of his real cfbte 1:1 the hands of his 
 dcvifee whenever there is a -want of perfonal alTiits, See 4. 
 Co. 7.8. a . And all decrees for legacies arc in fuch calcs levied 
 thereon, though r.ot eNprel'sIy charged with payment thereof 
 by will ; for decrees of courts of equity are executed like 
 judgments at law v/ith fome very flight variation as to the 
 method. , .. .. .... 
 
 * The reafon of this praftice, probably proceeded on a fup. 
 pofjtion that all their eltatcs were in the nature of chattels for 
 
 the 
 
 } ^ 
 
 
 M 
 
 
T **i-i 
 
 \ 
 
 ( 134 ) 
 
 There is reafon to believe that the Ame- 
 rican ciiizens rely more on the fpeedy 
 juftice, and ininartiul adminiftration of 
 jii'hce in A\'cflmi niter- M. II, than that of 
 their ov n tribup.uls. — In this ipirit, ^fays 
 Chalmcr's; and the oblcrvation is warranted 
 by fa61s, " They have adopted a praftice 
 which leads to unforefeen ct^nfcqucnces, 
 and which, were they forefeen, could no^ 
 be ecifily prevented, however inconvenieni 
 they might be. The American citizens 
 when they fee any fellow citizen about to 
 depart to Britain, for the purpofe of bufi- 
 nefs rather than of fettlement and who 
 may be united to them, allow the debtor 
 to depart and arreft him on his arrival 
 in London. In this they have two views. 
 Firft. They rely on the fingular juftice of 
 this country. Secondly. They know that 
 their debtor carries with him a large fum 
 of money with defign to purchafe a confi- 
 derable cargo, on the credit of what ne 
 pays down; and they hope by arrefting 
 
 the payment of debts, a doftrinc fet on foot in the infancy of 
 the ifland for the encouragement of trade. 
 
 r t t 
 
 See a book entitled, Remarks upon fevcra' Afts of Parlia. 
 mtnt and A6b of Affcmbly, relativt to lawi in the Weft- 
 Indicsi anoo. 1741. 
 
 their 
 
{ '35 ) 
 
 their debtor en the Excharif^e to intercept 
 the money, and tliereby proc=jfe more 
 fpecdy payment tl?; n if .iicy had Ljped him 
 in the American port. 
 
 Precedents of different Forms of Letters 
 of Attorney. 
 
 AN AFFIDAVIT UNDER THE SEAL OF THE 
 CITY OF LONDON, FOR THE J'URPOSE 
 OF RECOVERING A DEBT D\3L IN ONE 
 OF THE COLONIES. 
 
 'TpO all to whom thefe prefents fhall 
 -■■ come, I William 13eckford, Efq; 
 lord mayor of the city of London, in pur- 
 fuance of an a6; of parliament made and 
 paiTed in the fifth year of the reign of his 
 late Majefty King Geo. II. entided, an afl; 
 for the more eafy recovery of debts in his 
 Majefty's plantations and colonies in Ame- 
 rica, do hereby certify, That on the day of 
 the date hereof, perfonally came and ap« 
 peared before me, R. T. (the deponent, 
 named in the affidavit hereunto annexed,) 
 being a perfon well known and worthy of 
 good credit, and by folemn oath, which the 
 faid deponent then took before me upon the 
 
 Holy 
 
 : II 
 
 tmmm 
 
m 
 
 i#. 
 
 t 
 
 I 
 
 ( 13^ ) 
 Holy Evangelifts of Almighty, God, did 
 folemnly and fincerely declare, teftify, and 
 depofe to be true, the feveral matters and 
 things herein mentioned and contained in 
 the laid annexed affidavit. 
 
 In faith and teftimony whereof, I the 
 faid lord mayor have caufed the feal of the 
 officce of mayor of the faid city of London 
 to be hereunto put and affixed, and the 
 feveral accounts mentioned, referred to 111 
 and by the faid affidavit to be herunto alfo 
 annexed, dated in London, 13th June, 
 
 Hodges. 
 
 ^{Sealof the City of London.) 
 
 London, viz. L W. (clerk to E. C. 
 and L M. of London, merchants and part- 
 ners,) makeih oath, That he lived with the 
 faid E. C. and L M. for three years and 
 upwards ; and faith, that the accounts here- 
 unto annexed, entitled W. K's. difburfe- 
 ments, purporting to be an account of the 
 Snow Elizabeth, from St, Chri'ftopher's, and 
 the portage bill for the faid Snow Elizabeth, 
 from Antigua to London, ^.nd alfo the ac- 
 count hereunto alfo annexed, entitled, 
 Debtor the owners of the Snow Elizabeth 
 in account with W. K. creditor, is a true ex- 
 traa copy of the fame accounts as delivered 
 
 in 
 
 
' v.^ 
 
 
 , 
 
 ( 137 ) 
 
 in and fettled and adjufted by the faid W. K* 
 and that the fum of :ighty [even pound three 
 JJiillings and ten pence, appearing to be the 
 balance of the faid laft mentioned account 
 was well and truly paid to the faid W. K. 
 by the (aid E. C. and I. M. and that the re- 
 ceipt was duly figned by the faid W. K. 
 on the original account, now in the cuftody 
 of the faid C. M. ; and this deponent fur- 
 ther faith, That he has carefully perufed and 
 examined the account hereunto annexed, 
 entitled, Debtor the owners of the Eliza- 
 beth, W. K. commander, in account cur- 
 rent with C. and M. creditors with the 
 books of account with the Paid E. C. and 
 I. M. and that the fame is a true extract 
 copy of the fame letter, taken from the 
 faid books, and doth agree therewith. — 
 And this deponent faith, by means of his 
 faid employment he knows the feveral fums 
 . of money in the faid laft account menti- 
 oned to be paid to W. S. and the feveral 
 other perfons therein named, and for poft- 
 age of letters, and (uch other purpofes as 
 therein are fpecified, were all well and truly 
 paid and dilburfed by the hiO E.G. and 
 I. M. and that he this deponent hath care- 
 fully computed and examined the feveral 
 fums charged rn the faid annexed account 
 for intcreft and commifTion, and that the 
 
 ? 
 
 t 
 
 V 
 
" I, 
 
 I » 
 
 im 
 
 ' ^ 
 
 ( >38 ) 
 
 fame arc rightly charged and computed^ 
 and are the fame as ufually charged and 
 allowed in the like cafes ; and this deponent 
 further faith, That he hath alfo perufed and 
 examined the accounts hereunto annexed, 
 entitled, Debtors N. K. and M. I. B. jun. 
 in account current with C. and M. and that 
 the fame is a true and exaft copy of the 
 fame account taken from the faid books, 
 and doth agree therewith. — And this depo- 
 nent further faith, he knows alfo that the 
 feveral fums in the faid annexed accounts 
 mentioned to be paid to I. C. and the fe- 
 veral other perfons therein named, for the 
 purpofes therein mentioned, were well and 
 truly paid by the faid E. C. and I. M. ac- 
 cordingly ; and that he this deponent hath 
 computed and examined the feveral fums 
 charged in the annexed account for intereft 
 and commiflion, and that the fame are 
 rightly computed, and juftly charged. — 
 And laftly this deponent faith. That to 
 the beft of this deponents knowledge and 
 belief, the faid E. C. and I. M. have, in 
 the faid two lafl: mentioned accounts, brought 
 to account and given credit for all monies 
 and eff'eds received by the faid accounts 
 refpeftivelyi I. W. 
 
 <Swornai London, i^thjtme, 1763, before me, 
 W. BECKFORD, Lord Mayor. 
 
 L£TT£ll 
 
 ■j\m- 
 
 
( 139 ) 
 
 Letter of attorney certified 
 by the lord pkcwost of glas- 
 gow, under the common seal 
 
 OF THE CITY. 
 
 KNOW all men by thefe prefents, 
 That I J, J. poft-mafter of Glafgow^ 
 and merchant for divers good caufes and 
 valuable confiderations, me hereunto mov- 
 ing have made, conftituted, and appointed 
 by thefe prefents, do make, ordain, con- 
 ftitute and appoint C. I. of St. John's, in 
 Antigua, merchant, my true and lawful at- 
 torney for me, and in my name, and for 
 my ufe, to afk, demand, and fue for, re- 
 cover and receive, of all and whoever 
 may be indebted to me in any of the Weft- 
 India or American iflands belonging to 
 Great-Britain, France, Spain, Denmark, 
 or Holland, all fuch fumor fums of money, 
 debts, and duties whatfoever, which now 
 are or may be due and owing to me the 
 faid ]. J. by all and whoever are or may 
 be indebted to me, belonging to the above- 
 mentioned iflands; and to have, ufe, and 
 take all lawful ways and means in my nam© 
 for the recovery thereof, by attachment, 
 arreft, diftrefs, or otherwife, and to make 
 
 T a and 
 
i 
 
 ( 140 ) 
 
 and give acquittances and other difchargcs in 
 my name, and generally to do and execute in 
 tlie prcmilcs. as fully in every refpect as I my- 
 felfmiglit or could do, being per fonally pre- 
 fcnt, and to make altornies one or more of 
 them, under him, for the purpofes aforefaid, 
 and at his pleafure to revoke the fame, here- 
 by ratifying, confirming, and allowing all and 
 whatfocver, my faid attorney fhall lawfully 
 do or caufe to be done therein, by virtue 
 of thefe prcf(Mits. 
 
 In witnefs whereof I have hereunto fet 
 my hand and feal, diis 2 ill day of Septem- 
 ber, 1763. 
 
 J- J('- o 
 
 Signed, fcakd, and delivered ) I. G. 
 in the prejence of ) D. W, 
 
 \ 
 
 
 ■ V, 
 
 At Glafgow, the 5th 08ober, 1763, in 
 prefcnce of Archibald Ingram, K(q ; lord 
 provoit and chief niagiftrate of the faid city, 
 one of his Majedy's juftices of the peace 
 for the county of Lanark, appeared J. G. 
 of the faid city, merchant, who upon his 
 folemn oath, taken by him before the 
 faid provoft, upon the Holy Evangelifts of 
 Ahnighty God, depofes and lays, That 
 he this deponent was prefent and did fee 
 jhe within J. J. fign, feal, and for his true 
 
 and 
 
( >4i ) ■. 
 
 and genuine aEt and deed deliver the letter 
 of attorney within written, upon the day of 
 the date thereof, and that D. W. of the 
 faid city, merchant, was alfo then prefent; 
 and that the name of J. J. appearing at 
 faid letter of attorney as granter thereof, 
 and feal thereto exliibited, is the proper 
 hand-writing and feal of J. J. aforefaid; 
 and tiiat the names J. G. and D. W. alfo 
 appearing at laid letter of attorney, as wit- 
 nelfes thereto, are of the refpcdive proper 
 hand-writings of this deponent and D. W. 
 aforefaid. 
 
 r. 
 
 !' 
 
 In tcflimony whereof thefe prefents are 
 fubfcribed by the faid deponent, and by 
 the faid lord provoft, who has caufed 
 the common feal of the faid city to be 
 hereto affixed, date above. 
 
 J. G, 
 
 Arch. Ingram. 
 
 C H A P. 
 
 II 
 
( »42 ) 
 
 CHAP. IX. 
 
 Of the Powers, Authority, and Duty 
 of Governors of Provinces *.—0f 
 Dijlributions, Granting Probates 
 and Adminiflration, &c* 
 
 ;il i 
 
 p«w« of the np H E governor of any provincial cfta- 
 Governor, &c. J^ bii(hment has the fole power of con- 
 vening, adjourning, proroguing, and dif- 
 folving the general affembly ; he has the 
 cuftody of the great feal, and, in moft of 
 the iflands, is fole chancellor. 
 
 Barbadoc., In Babardocs, Antigua, and Montferrat, 
 
 Antigua, &c. ^^^ ^ouncil fit as judges in chancery with the 
 governor, but the procefs is iffued and 
 telled in the name of the governor. 
 
 Proceedings 
 ftmilar to thofe 
 in Englaudr 
 
 The proceedings are fimilar to thofe in 
 
 • See the form of a governors and vice admiral, commidion 
 in Stoke.'* Colony ConiUtuti.as, p>fie »io, and that chapter 
 (hioughtwt, ' 
 
 England, 
 
 \ 
 
( M3 ) 
 
 England, as they are alfo in the United- 
 States, except in a few trifling inftances 
 which are varied according to local circum- 
 (lances. 
 
 The governor has Che power of granting ba""''ifj*'*' 
 probates of wills and teftaments, and admi- 
 niftrations. 
 
 In the Leeward Iflands there is one go- 
 vernor-general and lieutenant-general of all 
 the iflands, and there are lieutenant-go- 
 vernors of the iflands of Antigua, Mont- 
 fcrrat, Nevis, and St. Chriftophers. 
 
 Lcew»rd 
 
 I Hands, 
 
 -In moft of the Weft-India Iflands wills P'ormgwUis. 
 are generally proved, ** per tejles" unlefs 
 they are abfent, and in that cafe the execu- 
 tor, and fome one makes oath before the 
 ordinary, of the teftators hand-writing ; and 
 the executor fwears that the paper produced 
 is the lafl: will and teftament of the tef» 
 tator. 
 
 Where the witnefles are on the fpot, the 
 executor takes no oath, nor does he return 
 any inventory into the fecretary's office, 
 but the will and probate arc regiftered. 
 
 Where there is no fubfcribing witnefs 
 
 they 
 
 i 
 
■ M' -^h- ^'* 
 
 ;MtM»X*-J^ ^ ' 
 
 Jamaica. 
 
 ( '44 ) 
 
 they proceed in the fame manner as the 
 ecclefiallical courts in England. 
 
 In Jamaica where the fubfcrihinir wit- 
 nefles live at a diltance, it is ufual to fue out 
 a ddimus to empower commifhoners to 
 take the affidavit of the lublcribing wit- 
 nclfes of the due execution. 
 
 Wj 
 
 tt » 
 
 ■when til e go- 
 vernor is out 
 of thclfland. 
 
 In the W eft-Indies where a government 
 • confiftsof many ifiands and ihe governor is 
 out of the iOand, where a will is to be 
 proved, but wiihin the government the 
 prclidcnt of the illand where the will is to 
 be proved, ufually takes the probate ; but 
 il'the teftator leaves eftefts in different ifiands 
 How proved in the government, then the will is generally 
 proved before the governor in chief, as 
 ordinary of all the ifiands, and the will is 
 then rcgiftered in the ifland in which the 
 teftator died poffefl'cd of moft property, in 
 the iiime manner as in England when the 
 deceafed has bona notah.lia in different 
 diocefes, the will muft be proved in the 
 prerogative court of the archbiftiop of 
 Canterbury. 
 
 The method of obtaining adminiftration 
 in the Weft- Indies is by petition to the go- 
 vernor who frequently grants it without 
 
 citation 
 
{ HS ) 
 
 citation, when granted the adminiftrator f^'^f^^^^Ji;,?)" 
 gives bond with fecurities in the fecretary's niarauon. 
 office faithfully to adminifter the effe£ls, and 
 render a true account upon oath ; a war- 
 rant of appraifement alfo iffues and ap- 
 praifers make an inventory and valuation of 
 the goods and chattels which is returned 
 into the fecretary's office. 
 
 No letters of adminiftration are now Notice, &ei 
 granted until previous notice of application 
 for them is given by public advertife- 
 ment. 
 
 \. 
 
 ■■i 
 
 J 
 
 
 w 
 
 Pttitim 
 
3 '1 
 
 i 
 
 ( ^46 ) 
 
 Petition for Letters of Adminijiration 
 with the Will annexed. 
 
 Akticu A. — To his Excellency A. B. Efq ; 
 Capiain-General and Governor 
 in Chief, in and over all his 
 Majefty's Leeward Caribbce 
 Iflands in America, and Chan- 
 cellor, Vice-Admiral, and Or- 
 dinary of the fame. 
 
 The humble petition of C. D. latk 
 of the island of antigua, centljt- 
 man; and M. his wipe. 
 
 Sheweth, 
 
 THAT E. F. late of the faidifland of 
 Antigua, gentleman deceafed; depart- 
 this life on the tenth day of Auguftj one 
 thoufand feven hundred and fixty-eight ; 
 having firft made his lad will and teftament 
 nuncupative, and thereby given his real and 
 perfonal eftate to your petitioner M. who 
 was a fifter of the half blood to the faid 
 E. F. which faid will nuncupative hath 
 been duly proved before your Excel- 
 Iciicy. 
 
 That 
 
 %. 
 
 ■»ca 
 
( 147 ) 
 
 That the faid E. F. not having named 
 any perl'on or perfonsas executor or execu- 
 tors of his faid lail will and teftament. your 
 petitioners are advifed that it is neceflary 
 for them to take out letters of admini- 
 Jlraiion wiih the faid will and teftament 
 annexed. 
 
 Your petitioners therefore humbly pray 
 , lyour excellency that letters of ad- 
 niiniftration, of all and fingular the goods 
 and chattels, rights and credits, which 
 were of the faid E. F. at the time of his 
 death, with his lad will and teftament an- 
 nexed, may be granted to your petitioners, 
 and the furvivor of them upon their 
 giving the ufual fecurity into the fecre- 
 tary's office of this ifland, faithfully to 
 adminifter the fame. 
 
 And your petitioners will ever pray. Sec. 
 
 C. D. 
 
 Dated tSthMaji, 1769. M. D. 
 
 I confent to the above petition. 
 
 F. W, 
 Granted, 
 A. B. 
 
 ii 
 
 
 V 2 
 
 letters 
 
( m8 ) 
 
 Letters of Adminifiration. 
 
 ' 'H 1 , 
 
 Antigua. — By his Excellency, A. B. Efqj 
 Captain-General and Governor, 
 Sec. &c. 
 
 
 I' till 
 
 WHEREAS C. D. of the faid ifland 
 of Antigua, gentleman, and M. 
 his wife, by their petitoin to me dirctled ; 
 have fet forth, That E. F. late of the faid 
 ifland of Antigua, gentleman, deccafed, 
 departed this life on the loth day of Auguft, 
 one thoufand feven hundred and fixty-eight, 
 having firft made his laft will and teftament 
 nuncupative, and thereby given his real and 
 perfonal eftate to the petitioner M. who 
 was a fifter of the half blood to the faid 
 E. F. which faid will, nuncupative, hath 
 been duly proved before me, 
 
 That the faid E. F. not having named 
 any perfon or perfons, as executor or exe- 
 cutors of his faid lafl; will and teftament, 
 the petioners were advifed that it was ne- 
 f:eflary for them to take out letters of ad- 
 miniftration of all and fingular the goods 
 and chatties, rights and credits, which were 
 
 
 l(^ 
 
( M9 ) 
 of the raid E. F. at the time of his death, 
 with his laft will and teftament annexed, to 
 be granied to the petitioners and the furvivor 
 of them, upon their giving the ufual fecu- 
 curity into the fecretary's office of the ifland, 
 faithfully to adminifter the fame. 
 
 '.dminiftration therefore of ail i^nd fin- 
 gular the goods and chattels, rij^iits and 
 credits, which were of the faid E. F. at the 
 time of his death, with his will annexed, is 
 hereby granted unto the faid C. D. and M, 
 his wife, they having given bond with f?- 
 curity in the fecretary's office, of this ifland, 
 faithfully to adminifter the fame according 
 to the \dw, and to render a juft and true 
 account of the adminiftration upon oath, 
 when they ffiall be thereto lawfully required. 
 
 Given under my hand and feal, this 
 ±oth June, 1769. 
 
 A. B; 
 
 PaflTed the Office. 
 G. P. Dep. Sec. 
 
 
 Warrant 
 
I 
 
 II • 
 
 ( 150 ) 
 
 Warrant of Appraifement. 
 
 Antigua. — By liis Excellency A. B. Efq; 
 Captain-General, &:c. <S:c. 
 
 THESE are in his Majcfty's name to 
 authorize and require you A. B. 
 C. D. E. F. or any three of you, accord- 
 ing to the bell of your judgments and con- 
 fciences, to inventory and appraife the 
 goods and chattels of E. F. late of the faid 
 ifland of Antigua, gentleman, deceau'd ; as 
 the fame fhall be fliewn to you by C. D. 
 and M. his wife, adminiRrator and admini- 
 ftratrix of all and fingular the goods and 
 chattels, rights and credits, which were of 
 E. F. deceafed, with his will annexed, and 
 return thereof to make into the fecretary's 
 oifice, of th":i ifland, with all convenient 
 fpeed, which return you are to make, fo 
 that you may fwear, if thereto lawfulif 
 required, that the fame is a juft and true 
 appraifement, and for your f doing this 
 fhall be your warrant. 
 
 Given under our hand, &c. 
 
 Pdjp^d' the OJlce* 
 
 A. B. 
 
 The 
 
( »5t ) 
 
 The governor prefides in the court of court of errors.. 
 errors, (of which he and the council are 
 judges,) to determine all appeals in the 
 nature of writs of error ^ from the fuperior 
 courts of common law, which are tefted in 
 his name, or in cafe of hij abfence, in the 
 name of the prcfident and council. 
 
 ■'^ 
 
 In the Weft- India iflands the a£ls of af- Appeai^v 
 fembly regulate and direfl the mode of 
 proceeding in appeals of -writs of error. 
 
 The court held bv the governor and 
 council, for corre6ling errors in proceedings 
 in the fuperior courts of common law, 
 is called the court of errors. The writ 
 ilfues returnable before the governor and 
 council. 
 
 An appeal lies from the judgment of 
 the governor and council, and from the de- 
 cree of the chancery to the King in council 
 under the foUo', 'ins reftriftions. 
 
 No appeal fhall be allowed to the govcr- rirfc; 
 nor ana council, in any civil cafe, unlefs 
 the debt or damages, or the fum or va- 
 lue appealed for, exceeds the fum of 
 three hundred pounds Iterling, except the 
 ir.atter in qucftion relates to the taking or 
 
 demanding 
 
( 15^ ) 
 
 demanding any duty payable to the King, 
 or to any fee or office, of annual rent, or 
 other fuch like matter or thing, where the 
 rights in future may be bound ; in all which 
 cafe an appeal lies to the King in council, 
 though the immediate fum or value appeal- 
 ed for be of lefs value. 
 
 Second. 
 
 m>.^ 
 
 Third, 
 
 , !t 
 
 That in all cafes of fine impofed, no ap- 
 peal lies to the King in council, except the 
 fines fo impofed amount to iwo kindred 
 pounds fterling. 
 
 Every fuch appeal, to the governor and 
 council, muft be made within fourteen days 
 after judgment 'n the cour* below; and 
 plaintiff in error muft give fecurity that he 
 will effeBually profecute his appeal or writ 
 of error, and anfwer the condemnation 
 money ; and alfo pay fuch cofts and da-m- 
 ages as fhall be awarded, in cafe judgment 
 below fliould be affirmed. 
 
 n 
 
 Fourth." 
 
 No appeal is allowed from the judgment 
 of the governor and council, or upon the 
 decree of the court of chancery to the King 
 in his privy council, unlefs the debt, dam- 
 ages, or the fum or value, fo appealed for 
 exceed the fum o^ Jive hundred pounds fter- 
 
 - --■^-^^ 
 
,:l 
 
 ( 153 ) 
 
 ling, except where the matter in queftion, 
 &c. be as above. 
 
 m 
 
 Such appeal, to the King in council, nfth, 
 muft be within fourteen days afier the judg- 
 ment below, and plaintiff in error mufl; give 
 fecurity to profecute his appeal or writ of 
 error efifefliually, and alfo to anfwcr the 
 condemn;5tion money ; ard to pay fuch 
 cods and damages as may be awarded, in 
 cafe of the governors judgment or decree 
 being affirmed. ' 
 
 i : ■ i' ■» . . . - 
 
 In the Weft-Indies, provifion is ufually Afcertainment 
 
 ^ , of value iu dif» 
 
 made by ad of airembly for direclmg the pute. 
 mode of afcertaining the value of the matter 
 in difpute, and alfo in what time the writ of 
 error fhall be returnable, when a tranfcript 
 of the record fhall be made out, and when 
 errors fliall be aligned, and fuch other in- 
 cidental matters in the courfe of the pro- 
 ceedings about which the King's inflruc- 
 
 tions art filent ; in *\e United-States 
 
 thefe things are provided for by rule of 
 court. 
 
 On an appeal from the governor and Mdhmi «£' 
 
 " , p making uj) ihf. 
 
 council, or from the decree ot the court or proceediug», 
 chancery, to the King in council, the pro- 
 ceeding*; are copied fair on large paper, 
 
 X by 
 
ri 
 
 1 1'-- iff? 
 
 C »54 ) 
 by the officer who has the cuftody of the 
 records, which done, the officer who has 
 the cuftody of them makes an affidavit 
 that they are true copies, and that they 
 have been compared with the original re- 
 cords; the proceedings and affidavit are 
 then annexed together, and the governor 
 puts the great feal to them, in which ftatc 
 they are fent to England. 
 
 The governor is ufually named firft in 
 the commiffion iffiied under the nth and 
 12th W. III. c. 7. for the more effe6lual 
 prevention of piracy, as he ufually fits as 
 prefident; if not, the fenior member of 
 the council prefides. 
 
 Maae perpetual The abovc ftatutc is made perpetual by 
 
 i^l ^&c; 6th Geo. 1. c 19. f. 3. and is enforced by 
 
 8th Geo. I. c. 24. which laft mentioned a6t 
 
 is made perpetual by 2d. Geo. II. c. 28. 
 
 n 7. 
 
 p.ocecdinguc. The proceeding under the ftatute of 1 ith 
 
 •iviTiw!'' ''"" and 12th W. Ill, are, by the 4th fea. of 
 
 that aft, directed to be according to the 
 
 rules of the civil law, and the fules of 
 
 the court of admiralty. 
 
 CdmmifTions, 
 
 11th and 12th 
 W.3. c. 7. 
 
 
 zM rj^^ -at- 
 
 h i 
 
 By 
 
 I h- 
 
( 155 ) 
 By the 4th Geo. I.e. 1 1. entitled, «• An 
 aa for the further preventing robbery, &c." 
 And for declaring the law upon fome points 
 relating to pirates, it is declared (in the 7th pkacy. 
 
 ° . tr 4th Geo. 
 
 fea.) that all who fhall commit any ottence 
 for which they ought to be adjudged pirates, 
 felons, or robbers, by the faid aa of 11th 
 andi2thW. III.c. 7. may be tried and ad- 
 judged for every fuch offence, in the fame 
 manner as is direBed by the 28th Henry 
 VIII. c. 15. and fhall be excluded the 
 benefit of clergy ; and by the 9th fea. of 
 the 4th Geo. I. c. 11. that aa is extended 
 to America. 
 
 i.<.>« 
 
 The governor is alfo vice-admiral within viccadmiriV 
 bis province ; in the time of war he iffues ' 
 
 his warrant to the judge of the court of ad- 
 miralty to grant commiffions to privateers. 
 
 By the 11th and 12th W. III. c. 12. all 12th v. 3. c, 
 crimes and offences committed by any go- offenc«.^|c._^ 
 vernor, leiutenant governor, or commander the Kinj'iB«» 
 in chief of any plantation or colony within 
 bis Majefty's dominion, beyond the feas, 
 contrary to the laws of this realm, or in 
 force within their refpeaive governments, 
 Ihall be heard and determined in the King's- 
 Bench, in England, or before fuch com- 
 miffioners, and in fuch county of this realm 
 
 X a as 
 
J,; ■ \'"":Mt.^S^' 
 
 { «56 ) 
 
 as fliall be afilgncd by his Majcfly's com- 
 miflion, and by good and lawful men of 
 ihe fame county, nnd that fUch punifli- 
 iiienls fnall be infliQcd as lor oiFenccs of the 
 like nature in England. . 
 
 PRACTICE. 
 
 Bondandjud-- T N the BrJtifli Weft-India iflands, as well 
 
 mt'nt common I • xt o • -kt t-» r • i 
 
 inthcWcft-in- as in Pv ova-bcotia, New-13runlwic, and 
 Canada, bonds with a warrant of attorney 
 to confefs judgment are very common 
 fecurities in all money iranfa8.ions. 
 
 Not in the 
 t'lutcd-States, 
 
 In all of the United-States, with which 
 the EDITOR is acquainted, this kind of fe- 
 curity is never given, and is even difallowd 
 by pcflitivc aft of alfemby. 
 
 ' The following is the Method of levying 
 Executions in Barl/adocs, &c. 
 
 w- tt 
 
 Executions are taken out merely as a 
 
 Fxreution in 
 
 Ba.badoes and farther fccurity for a debt, and they are 
 levied at any time after the death cither of 
 the Comi/or or Ccniijcc, according as the 
 
 circumftances 
 
..«-" ' "Pw-awwacus*-^ 
 
 ( HI ) 
 
 circumftances of the parlies render it nc- 
 ceflary. 
 
 Whether this was originally owing to the 
 want of proper form given to the writ at 
 
 lirft (which is not returnable at allj or whether 
 the eftablifhed form of it was not rather 
 dcfignedly given, in order to induce that 
 praaice is very queftionable, writs of do-wtr 
 znd partion are returnable although of as 
 aniient ufe. 
 
 In Antigua the execution is made re- 
 turnable in thirty days. 
 
 The known pra6lice is that although the 
 Coniifee dies anterior to the execution, or it 
 has not been taken out within three years, 
 a Jcirejacias is always brought before the 
 judgment can be executed, yet if execution 
 is once duly ifTued (which with the time 
 zihcn niuft appear in the clerk's or protho- 
 ny's office) if it fliould afterwards be poc- 
 keted for many years by the Conufee, he 
 or his rcprefentative may, whenever they 
 plcafe, deliver it to the marfhal, and it will, 
 of courfe, be levied preferrable to any of a 
 late date. 
 
 Antigua, 
 
 i 
 
 The 
 
 rn 
 
 \ 
 f 
 
 i 
 
( 158 ) 
 
 seeCro.Eii*. 1'\^q exccution dire6ls the marfhal to at- 
 l.i'eon. 304. tach the cotton, tobacco, ginger, Sec. fo 
 
 1. Mod. 188. . ., , f 1 • 1 »i „^ 
 
 t.vcntr. 21 3. that it contains all that, for which there are 
 three feveral executions here. It is in fome 
 refpefts like our Jlatute Jlapk or a recog- 
 nizance in the nature of it; and feems, like 
 them, to have been originally intended for 
 the benefit of creditors and the encourage- 
 ment of trade. The officer's bufinefs is to 
 obferve the order prefcribcd therein, and to 
 take care not to invert it, ( i. e. ) that he 
 does not levy on negroes, catde, horfes, or 
 other moveables (as therein exprefTed) when 
 there is cotton, tobacco, ginger, fugar, or 
 indigo, nor attach lands, plantations, or 
 boufes, where there are negroes, &:c. nor 
 take the body where there is any real 
 vifible eftate. 
 
 DireAionfor 
 Me. 
 
 If the execution be levied of chattels of 
 any kind, the fame nuift be fold at public 
 auaion, as direaed by the aQ which con- 
 ftiiutes the execution, and which {inter alia) 
 direBs, 
 
 " That in cafe the buyer (hall be at any 
 lime fued for any goods or chattels, which 
 he fhall fo buy of the marflial or deputy 
 aforefaid, in fuch auBions, the buyer Ihall 
 plead the faid fale in bar, which fliall be 
 
 accepted 
 
f 159 ) 
 
 accepted by the court as a good bar in that 
 aftion ; and of every fuch fale the marfhal 
 or deputy fhall make certificate in writing 
 under his hand and fdal, which fhall be re- ... 
 turned and filed in the office of the pre- 
 cinft where the recovery is had." 
 
 This is in the nature of a return, and Reafonwhy 
 
 the writ it not 
 
 as far as relates to a levy on chattels an- returnable. 
 fwers the end, at the fame time it fuggefls 
 the reafon why the writ itfelf is not returned, 
 for the chattels, were, perhaps, all exhaufted, 
 part of the debt might remain flill unfatis- 
 fied, and threupon as all the real eflate is 
 equally liable to the fame writ it is neceflary 
 the marfhal fliould keep it in his hands. 
 
 It is to be obferved that the law has Obfcmtiofls*" 
 fixed the execution precifely as is above fet 
 forth, fo notwithflanding the body, goods, 
 and lands are all liable, yet the Conufee 
 cannot take them all at his eleClion but they 
 are always comprifed in one. 
 
 It often happens there are no ferfon- mere no per. 
 alties of any fort left, or not fufficient ^""ai''"' 
 to pay the whole debt, the officer is then 
 to look out for lands, plantations, and 
 houfes of defendant, concerning which the 
 law has given very different directions, but 
 
 fuch 
 
 r 
 
 M 
 
 } 
 
 \ 
 
 •;/ 
 
,j»"«aE:..5 
 
 fy^s^'* 
 
 
 X -*, 
 
 { 160 ) 
 
 fuch as do not leave any room for a 
 want of return of the writ ; if real eftate 
 be feized, in fatisfaflion of the execution, 
 Appraifcment. there muft be an appraifement by neigh- 
 bouring freeholders on oath, and after put- 
 ting the party in poflefTion, and a certain 
 time Hmited for redemption, the marfhal 
 executes a bill of fale of fo much thereof 
 as will fatisfy the debts, whereby the in- 
 tereft is conveyed according to the intereft 
 the debtor had therein. This bill of fale 
 reciting the judgments, execution, and pro- 
 ceedings thereon is put on record, and al- 
 lowed to be a good tide againft the debtor, 
 and all claiming under him. 
 
 In this manner whole plantations arc 
 fometimes extended, and under this title ge- 
 nerally held. 
 
 n 
 
 Where no ef- 
 fefts, the per- 
 i'on liable. 
 
 .;•■: i 
 
 Where there is neither perfonal nor real 
 efFe6ls to be found, or the debtor refufes 
 to fhew any, the marfhal in purfuance of 
 his writ takes up the perfon, which accor- 
 dingly he does, and carries him to goal, of 
 which he is himfelf the keeper. On the 
 back of the writ is then fignified what he 
 did by virtue thereof, and this is kept in the 
 marfhal's office, which is a kind of office 
 of record. 
 
 If 
 
 r'*»'^'. 
 
, 
 
 ( i6i ) 
 
 If any Injuftice is done, appHcati-n is 
 made to the court by motion grounded on 
 affidavit. 
 
 Lands are bound by the judgment, and 
 as the leafe could not be dilcharged by a 
 defcent on the death of the anceftor, fo 
 neither is there any law in being that de^ 
 dares the execution taken out by the Conu- 
 Jee, in his life time void. In feventeen 
 hundred and thirty-two an aQ pafled mak- 
 ing executions good for tvventy years, who- 
 ever lends money in the Wed-Indies, al- 
 ways takes out execution on his judgment 
 in order to bind the chattels *. 
 
 Am 
 
 .H 
 
 * See a book entitled. " Remarks on fcvcral EngU(h afts of 
 Parliament relating to the American colonics, and on divers 
 aft* of affcmbly there, &c." 8vo. 1742* 
 
 .1 
 
 I 
 
 ■i 
 4 
 
 >'8 
 
 C PI A P. 
 
( ^5« 3 
 
 CHAP. X. 
 
 / ■ » 
 
 i 
 
 .* " 
 
 I- 
 
 y t 
 
 ' f i 
 
 
 I 
 
 Intereft. 
 
 Late judicial Determinations in the 
 Courts of the United'States, and in 
 the Courts of Wejiminjler-Hall, 
 relating to the Unite d-Statts, &c, 
 
 PHILADELPHIA. 
 
 Common Pleas, 1787. 
 
 A7ion, 
 
 nPHE queftion was, •' Whether intereft 
 -^ fhould be allowed during the war on 
 a bond due from a citizen of America to a 
 Britifh fubjeft ?" It was given in charge 
 to the jury, by the chief juftice, that upon 
 accounts which only carried intereft in time 
 of peace, the circumftances of the war were 
 fufficient to deftroy the ufage and intereft 
 upon bonds and obligations bearing intereft. 
 from the nature of the contrad the intereft 
 Ihould ceafe from the invafion of the Britifli^ 
 
 and 
 
 
 ■ '-Mir ^ - 
 
 BSC^bi 
 
 IM 
 
( 1^3 ) 
 
 and be .evived at tlie date of figning the 
 preliminary articles. ...... 
 
 A fimilar determination took place in 
 Virgina, and this opinion detcnn'med man^ 
 atiions depending in ihefe and oihtr Jlatts 
 upon the fame point, . ^ 
 
 SAME COURT. 
 
 In the fame court judgment was given Biiiofcxehaim 
 in an aflion brougnt by the indorfee ugainft 
 the acceptor of a bill of exchange, in which 
 the words " Or Order" were omitted, and 
 in which after much inveftigation, the 
 judges were of opinion that fuch bill was not 
 negotiable, and confequently that the aBion 
 could not be fupported. 
 
 Goodman ver, jfanuem. 
 
 4 
 
 SAME COURT, 
 
 IN this cafe it was eiiabliftied as a princi- 
 ple that where there are fubfcribing wit- 
 ncflcs to a note of hand, it is neceifary, (as 
 in the cafe of a deed,) to produce them at 
 the trial, or to give fome fatisfadory reafon 
 for their abfence ; but if there are no wit- 
 iieffcs, then proof of the parties hand-writ- 
 
 y 2 ing, 
 
 WitncCi. 
 
 '^^mm- 
 
^mu. 
 
 1 
 
 1 
 
 
 { '64 ) 
 
 ing, by an indifferent perfon, (capable of 
 fuch proof J is fufficient. 
 
 This determination feenis to de/erve the 
 attention of mercantile people, as the obtain- 
 ing witneffes to promijjbry notes has commonly 
 been conjidered a matter of ufeful precaution ; 
 hut by this determination it may be produc- 
 live jf much difficulty and embarraj/ment. 
 
 Stoddard 
 
 
 
^1 
 
 ( 1^5 ) 
 
 of 
 
 fi- 
 lly 
 n; 
 
 ri 
 
 I 
 
 Stoddard ver, Penhallom* 
 
 N feventeen hundred and fevcnty-fp.ven Captured 
 
 r ^ vcffels. 
 
 a velfel belonging to a citizen ot (on- 
 
 ne6\icut, bound from England to Nova- 
 Scotia, was taken by a citizen of Ncw- 
 Hampfhire, and condemned in the Inferior 
 Court of Admiralty as a Irgal prize. Upon 
 an appeal to the Superior Court of Admiralty^ 
 for that (late, the decree below was affirmed^ 
 but the caufe being removed into the Court 
 of Errors and Appeals for the United-Stares, 
 the proceedings were reverfcd, and a de- 
 cree given in favour of the appellai.t. Af- 
 ter this an a6tion was brought in a conrimon 
 law court of Malfechufetts, to recovtr 
 damages from the captors, but that court 
 would not allow the decree of the Court of 
 Error and Appeals for the United-States 
 to be read in evidence, and the plaintiff was 
 therefore obliged to difconiinue his adion. 
 The queftion was revived in Penlyivjuiia 
 upon an attachment which had been 'aid 
 upon the property of the captors in triis 
 ftate. Defendant now moved to fet alide 
 the attachment, upon the following objcc- 
 ions. 
 
 I. That 
 
 ! 
 
 ef~- 
 
1 1 
 
 I 
 
 ( '66 ) 
 
 I. That Congrefs had no power at 
 the time ihc veffcl was taken to in- 
 (litiite :*. Cvurt ol' Error and Apptal, and 
 theicforc that the leverral of the decree of 
 the Ccuit of Admiralty for New-ilarnp- 
 fhire could not opt. ate. 
 
 II, That the proceedings in Maffiichu- 
 fetts upon the common bw fuit, under the 
 articles of Covjcdtraiiom, were b.nding on 
 our courts. 
 
 Ml: 
 
 ) ' » 
 
 III. That as the matter was originaliv 
 of admiralfy juri(di6lions none of the con- 
 fequcnccs arc cognizable by our common 
 law court. 
 
 The court did not determine the two 
 firft points, being clear iy of opinion on 
 the thiid, tliat the ^lueflion was exclu- 
 fively L'ognirable in a C>^'yt of Admiralty, 
 and therefore fliit the attachment fliould be 
 quafhed. 
 
 
 CHAR. 
 
( »67 ) 
 
 CHARLESTOWN, South Car, 
 
 COMMON PLEAS. 
 
 T N the year feventeen hundred and Capures.&c. 
 ■^ eighty-two, a horfe belonging to colo- 
 nel Hill, was furreptitioufly taken from his 
 pofTefTion, and carried into the Bruifh lines, 
 ibon after this a deierter found means to 
 detach the horfe from the Britifh, and car- 
 ried him to the camp commanded by gene- 
 ral Green. It being in general orders, 
 from head quarters, that property of every 
 denomination, brought in by deferters, 
 inoukt be confideied as their perquifite, 
 Liid that fuch pn lerty might be transfer- 
 red in whatever manner the owner or 
 owners fhould think proper; the deferter 
 fold the horfe in queftion to major Mo ire, 
 for a trifling confideration ; and fc me time 
 af'.er the horfe was refold to Mr. Slann, who 
 was the prefent defendant. It was (Irenu- 
 oufly infifted on, by the counfel for colo- 
 nel Hill, that the property h;iing indubi- 
 tably proved to hrve been originally veiled 
 in ihj colonel, the horlc ought not only in 
 
 he 
 
 % 
 
 1 
 
 ^^ 
 
 ■m^"M 
 
( i68 ) 
 be reftored, butalfo fuch damages given for 
 his ufe, as might appear jult and reafonable. 
 The counfcl on the other fide contended that 
 if Mr. Slann was obliged to furrender the 
 horfe at all, it would be one of the hardeft 
 cafes ever known ; that an equitable price 
 had been given to major Moore, was not 
 denied.—The only ground then on which 
 the plaintiff's plea could be eftablifhed, 
 would arife from the right in the major's 
 antecedent and fubfequcnt contraa.— In 
 time of war, military government was ne- 
 ceffanly eftabliflicd. The council of war 
 decided upon all cafes relative to military 
 operations ultimately ; and general orders 
 had been ifiued, previous to the capture 
 of colonel Hill's horfe, which compleatly 
 authorized the deferter to difpofe of him in 
 the beft manner he could. 
 
 ,' * 
 
 J MPg .1. i 
 
 This faa was edablifhed by the evidence 
 of general Pur.uc", who alfo faid, while 
 general Green u... in command a vaft 
 number of recaptures xc^tq made from the 
 enemy originally the property of American 
 citizens; and ihat the governor and council 
 for the time being made application for a line 
 of difcrimination to be drawn with regard 
 to fuch property as might belong to perfons 
 hoaile to Americans, and fuch as were 
 
 friendly 
 
( 169 ) 
 
 friendly, in purfuance of which general 
 Green called a council of general officers 
 and lieutenant-colonels, in which the matter 
 was fully debated. The general opinion 
 was, that fuch appeared to be the fituation 
 of affairs that every poffible encouragement 
 ought to be given to what might tend to the 
 annoyance and injury of the enemy. Or- 
 ders were therefore drawn up which con- 
 firmed the current pra6lice, and promifed to 
 all degrees of perfons protection, not only 
 with regard to perfon, but alfo alTurances. 
 that whatever they brought in fliould be 
 under their fole controid. The honourable 
 witnyefs differed in opinion from the board, 
 and gave his reafons much at length. Ge- 
 neral Green defired he would draw up his 
 thoughts in writing, which he did, and 
 figned his name; this paper was tranfmitted 
 to congrefs, attended with fuch obfervations 
 as general Green thought proper to make., 
 congrefs took the matter up and came to a 
 refolution that only a fourth falvage fhould 
 be allowed in cafes of recaptured property 
 belonging to fuf^'^ring citizens. '" 
 
 \i 
 
 The counfel for the defendant continued tQ 
 argue that the utmoll veneration ought to be 
 paid to orders from head quarters. That the 
 refoiutions of congrefs did not by any means 
 
 Z fit 
 
 .^i^', w. 
 
. if 
 
 '/ 
 
 ( 170 ) 
 
 fit the prefent cafe; it was far from being 
 large enough to include horfes ; but even if 
 It did, how could Mr. Slann obtain a fourth 
 falvage? Not from the prefent adion, for 
 the jury were not competent to make fuch 
 fatisfaaion. That this infringment on the 
 iaw of nations was pregnant with various 
 confequences, and would deaden, if not 
 deftroy military ardour. 
 
 After putting this pofition in different 
 points of view the judge informed the jury 
 That, agreeable to evidence they muft find 
 for the plaintiff, they agreed with him on the 
 point of law. The law of nations was the Ia;f 
 of arms, and in other parts of the world waa 
 allowed full force and operation when one 
 country carried war into another ; but in 
 this country he thought the law of nationi 
 could not be fet up in defence againfl a 
 refolve of eongrefs; if there was a diffi- 
 culty It muft be whether the refolution ex. 
 tended to horfes, of this they were to judge. 
 With regard to recovering a falvage, to him 
 the difficulty did not appear fo great, two 
 jurors being drawn could readily afcertain 
 the fum, and it was hardly probable the 
 plaintiff would refufe to comply with their 
 aetcrmmation. 
 
 Hid 
 
( »7i ) 
 
 The jury found a fhilling damages for 
 the plaintiff, which entitled him to the horfe 
 and the defendant to a fourth falvage. 
 
 m 
 
 PENNSYLVANIA. 
 
 SUPREME COURT. 
 
 Sarah Green and William Pollan, againfi 
 the Executors of David Shaffer. 
 
 THE plaintiff's n»ade a leafc by inden- 
 ture, dated March the firft, one 
 thoufand feven hundred and feventy-three : 
 of a fugar houfc, &c. to John William 
 Hoffman, and his affigns for five years, at 
 feventy pounds per annum, payable quar- 
 terly. The leffee covenanted for hlmfelf, his 
 executors, adminiftrators, and affigns, to 
 keep the demifed premifes in good repair, 
 and to deliver them up at the end of the 
 term in fuch good repair to the plaintiff's, 
 &c. John William Hoffman affigned the 
 leafe to David Shaffer, the original de* 
 fendant, who entered into the premifes. 
 The breach alkdged was, that the de- 
 fendant had not paid thirty-five pounds rent, 
 in arrear for tlie lafl half year, nor de- 
 livered I'p the prcmiics at the end of the 
 term in good oider and repair en the firft 
 
 Z 2 oi 
 
 **■ 
 
 I 
 
 A 
 
 ^M*, . ^, 
 
 ^ 
 
h if ^ ^ 
 
 PA 
 
 % 
 
 ( ^72 ) 
 
 pf March, one thoufand fevcn hundred 
 and feventy-eight ; but that the roof, 
 window-fliutters, floors, &c. of the fugarl 
 houfe were in decay, deftroyed, Sec. 
 
 The defendant pleaded due performance 
 of covenants, payment, and the following 
 fpecialplea; that an alien enemy, viz. The 
 Britifh army, commanded by general Sir 
 William Howe, on the firll of May, one 
 thoufand feven hundred and feventy-feven, 
 bad mvaded the city of Philadelphia, taken 
 poffemon of the premifes and held the fame 
 until the end of the term and afterwards; 
 and had during that period committed the 
 xvaftc and deftruaion Itated by plaintiff in 
 his declaration. 
 
 '■■1 i 
 
 I 
 
 ^i \ 
 
 ^t 
 
 i 
 
 i\ 
 
 The plaintifF demurred generally to the 
 lall pica, and defendant joined in demurrer. 
 
 The demurrer was argued on the twenty- 
 fevcnth of June, one thoufand Ibvcn hun, 
 dred and eighty-fix, by M^Jrs. Coxc^ Lewis, 
 a^id\/Jfm, for the plaintiffs; and Mejrs. 
 ^ngerf'l Wikoch, and Str-eant for the de- 
 ^nd.nt, b.f;.c X\.^ ducf jupice and /.^^, 
 ^ryan ; and afrcnvards I)y the fame coun- 
 cil hcf^^rc ihc chief j:>Jl;ce, judges Alley and 
 Ihyari, • ju:lg. i^y^ dcchiiing to hear the 
 
 fame, 
 
 ir? ■ 
 
\- 
 
 tbc 
 
 ( »73 ) 
 fame, having been of council with the 
 plaintiff's.) 
 
 Two queilions were made : 
 
 Firft. — Whether the defendant as af- 
 fignee of the leafe was bound by the 
 covenant to repair as well as the leflee. 
 
 Second. — Whether the fpecial matter 
 pleaded was fufficient in law to bar the 
 planitiff's right in demand ? 
 
 On the fixth of OQober, one thoufand 
 feven hundred and eighty-feven, the chiej 
 jufiice delivered the judgment of the court. 
 
 With relpeO: to the firft queftion, we are 
 clear, in our opinion, that the covenant to 
 repair, and to deliver the demifed premifes 
 in good order and repair, runswith the land 
 being annexed and cppurtenant to the thing 
 demifed, and binds the afTignee as much as 
 the leflee, even if the afTignee were not 
 named by exprefs words, on account of the 
 privity; but in the cafe at bar, the afTignee 
 is bound by exprefs words, and [a fortiori) 
 is anfwerable as well as the leffee. This point 
 has been fully ftated in Spencer's cafe, 
 ^. Co. i6. b, and x Salk, 199, Lev. 206. 
 
 Sec 
 
 i n 
 
 n 
 
 
 
,-i^"P»;;-*gS 
 
 t: 
 
 t- i . 
 
 .'. ) 
 
 \K 
 
 i ', 
 
 1 \ 
 
 ( ^74 ) 
 
 See 1. x^olls abr. title (covenant) letter M; 
 pi. i.and N.pl. 2.— Vin.abr. 6 vol.p.411. 
 letter M. pi. 1. 2.-Bacon's abr. 543.03. 
 5. and the books cited in thefe abridgements. 
 
 The fecond queftion is if great difficulty, 
 and of great importance. We cannot find 
 
 thatithasever come dircdly before anycourt 
 in England, or in any part of Europe. M'c 
 wifh that it hadcome before ablerjudges than 
 we pretend to be. However, we muft give 
 our judgment, but we o it with more diffi- 
 dence than has occurred in any cafe, fince 
 Ve have had the honour to fit here. 
 
 As there is no pofitive law, no adjudged 
 cafe, no eftablifhed rule or order, to dired 
 the court in this point, we mutt be guided 
 by the principles of law, by confcience, 
 Ihat infallible monitor within every judge's 
 bread, and ihe original and eternal rules of 
 juftice; for equity is part of the laws of 
 Pennfylvania. See 1. Chan. ca. 141.— 
 Grounds and rudiments of law and equity, 
 p. 74. ca. 104. Doa. and Stud. 1. cap! 
 a6. ^ 
 
 It is agreed, that if a houfe be deftroyed 
 ^ lightening, floods, tempefts, or enemies, 
 without any concurrence of the leflTee, or 
 
 poffibilty 
 
.( '75 ) 
 
 jJbfribllity of his preventing the fame, thia' 
 is no wafte in the leflee: for it is not done 
 by the leflee's negligence, or any wilful aft 
 of his; and he cannot be charged with ufing 
 it improperly, and it would thus have pe- 
 rifhed, even in the rverfioners pofleffion. 
 1 Inft. 53 b. Landlord's law, page 358, 
 £78, 286. — Fitzherbert's natura breviam, 
 (xoajlej 132, ift edition Kclw. 87. 
 
 i 
 
 \'' 
 
 f \ 
 
 It is alfo agreed, that where the law cre- 
 ates a duty or charge, and the party is dif- 
 abled to perform it, without any default in 
 him, and hath no remedy over, there he 
 fhall be excufed. As in the cafes of wafte 
 againfl; tenants in dower, by the courtefy 
 for life, or years, of common carriers, inn- 
 keepers, &c. — ' ' leflees by parole, &c. or 
 of a leffor during a war. Aleyn 27. — 4 co. 
 84 b. Southcote's cafe and other books.—* 
 2 Leon. 189. 
 
 But it is contended for the plaintiffs, that 
 the defendant is obliged to pay the rtnt^ and 
 yield up the tenament in good order and re* 
 pair, becaufe of the exprefs covenant; and 
 in fupport of this doftrine have been 
 cited, I)o6lor and Student; Dialogue 2* 
 Qhap. 4. page 124. Aleyn a/i— 'Stile 
 
 if' 
 
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 23 WEST MAIN STREET 
 
 WEBSTER, N.Y. .4580 
 
 (71 9) 575-4303 
 
 
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 ( 176 ) 
 
 47. 1 Rolls abr. 939. S. C. ComynSj 
 Rep. 631, 632. — 2 Stra. 763. — 1 Vent, 
 185. — Plow. 290. — Perkin s, 788. — Brook 
 title f covenant J PI. 4, — Title wajle, 19,31. 
 — 2 Leon, 189. — Dyer. 33. Pi. 10, 
 2 Saunder's, 420. — 2 Vern. 280. 
 
 On the part of the defendant, it is in- 
 filled, that the exprefs covenant in this 
 cafe does not bind againft afts of God or of 
 enemies, but only againft other cov^enants. 
 Becaufe fuch a6ls were not in the contemp- 
 lation of either party at the time of the 
 leafe being executed. A rifque known and 
 infured, ought to be complied with agree- 
 able to bargain. Every contra6l ought to 
 be conftrued according to the intention 
 of the parties; and, in the prefent cafe, 
 the defendant had only covenanted to keep 
 the premifes in repair, &c. againft ordi' 
 nary incidents and not againft a cafe which 
 he could by no means poflibly prevent. 
 
 1 
 
 3! 
 
 1 
 
 6 
 
 1 
 c 
 
 P 
 I 
 
 1 
 
 ik:j^ 
 
 That if the law were otherwife, in Eng- 
 land yet relief would be had in a court of 
 Chancery ; and that as no aftion had ever 
 been brought in any cafe circumftanced 
 as this is, an argument is furnifhed, that 
 no fuch aftion will lie. 
 
 In 
 
 %-■■ 
 
( ^n ) 
 
 In rupport of this opinion v6r6 cited, 
 lord Raym. 9o9.«^Bacon, abridg. 369^ 
 370.-1 Rolls, abr. 236.— Dyer, 56, pi. 
 15.— 1 Blackft. 153» 157-— Cowpcr, 9. 
 600.— Douglafs, 190.-1 Comyns Digeft, 
 150. -Co. Litt. 2o5. a.— 1 Brown's pari, 
 cafes, 526, p. 528.— 15- Vin. abr. 474- 
 pi, 1.-3. Chan. rep. 44. 79-— 3 Burrows. 
 1249. 1240, i637.-Dyer. 33. io.-.Sir 
 Thomas Raymond, 464.— i Co. 98. Sm- 
 ley'i cafi.--^ Vin. p. 407. ca. 1. 3.-4 
 cha.ca.72, 83,84, 190- 
 
 The books have been thoroughly fearch- 
 cd on this head, and the queftion handled 
 with great ability on both fides. ^ In ftiort 
 little more could be faid or done for either 
 party, than what has been faid and done: 
 
 In deciding this intricate and difficuU 
 cafe, it will be of ufe to date the differ- 
 ent powers of the common law courts, and 
 the court of chancery in England, tt tbf 
 time of the revolution. 
 
 The courts of law, thiu «rc governed 
 by general and eftabliflied rules, from which 
 they never deviate in any cafe, be the in- 
 iuftic^ aiifing from them ever fo apparent, 
 * V A * ^^1 
 
 ■4 
 
 
 
 
f 
 I. 
 
 f 
 
 ) 
 
 m 
 
 i '78 ) 
 
 they are bound by tb'^ir oaths to o.bferve the 
 drift iwles of the law. '• 
 
 > A court t>f Chancery judges of every 
 cafe according to the pecuUar circurnftances 
 attending it ; and is bound not to fuffer an 
 aft of injuflice to prevail : and in doing this 
 it cenforms to the fpirit and intereft of the 
 geheral rule of every^ pofitive law, which 
 always admits of particular exceptions. — 
 This is tacidy underftood* The jurifdiftion 
 and bounds of thefe two (kinds of ) courts 
 are Exed. 
 
 . v^ » . -J.I -. 
 
 t In this ftate the judges are Tworn ** To 
 do eq«lil right and juftice to all men, to the 
 belt of' their judgment and abilities accord- 
 ing to law." There is no court of chancery. 
 Here the judges are, neverthelefs, to de- 
 termine caufes according to equity, as well 
 88 pofitive law — equity being a part of the 
 laW'. -Doftorand Student, lib. 1. chap. 16. 
 1 dhin. Cafes, 141.— Grounds of law And 
 equity, 74. ca. 104. Indeed common law 
 is common right, common reafon, and 
 common jufticci Wood's inft. 4. " • 
 
 - Was this point brought before a court of 
 common law in England, at this day, I 
 have doubts with fefpeft to what woiild be 
 
 their 
 
 -^.*. « 
 
:•;> 
 
 ( 17^ 7 
 
 their determination. For, it is laid down ioi 
 
 law, " Tbat if a leffee covenanted to leavfc 
 
 a wood in as g()o4 plight as the wood was i! 
 
 at the time of the leafe, and afterwards tl 
 
 trees were overturned by tempett, he is d 
 
 charged of his covenant, quia impotentia : 
 
 cufaUegemr i Co. 98 b. now, in that c ; 
 
 there was an exprefs covenant : and alth " 
 
 it was impoffible to reftore the trees i 
 
 fame plight they were in, yet he 
 
 plant new.ones, or render damages 
 
 of them, the fame law is laid d ;. 
 
 BYOok'& title covenant pi. 4- then v .■ '-■> 
 
 equally impoflible for the defendaxic to de^ 
 
 liver the poifeffion of the premifes, in good 
 
 repair, to the plaintiff, on the firR of March, 
 
 1778. when they were held by an hoftile 
 
 army. ■:; ' | 
 
 ► •■»■" 
 
 In Vaughans Reports, in the cafe of 
 Hayes ver. Bickerftaft', page 122, it is held 
 «« That a man's covenant (hall not be drain- 
 ed fo as to be unreafonable, or that it was 
 improbable to be fo intended, without ne- 
 celfary words to make it fuch j for it is un- 
 reafonable to fuppofe that a man ftiould 
 covenant againR the tortious ads of ftran- 
 gers, impoffible for him to prevent, or pro- 
 bably to attempt preventing." This was an 
 aaion brought by the leflee againft the lef- 
 
 A a 2 for, 
 
 *^ ( 
 
 '-m 
 
 P4l 
 
 
( '^o ) 
 
 for, on his covenant, for quiet enjoyment* 
 In page 199, it is faid, that if the leflbr 
 covenants that the leflee (hall hold and en- 
 joy his term, without the entry or interrup- 
 tion of any, whether fuch entry or inter- 
 ruption be lawful or tortious, there the lef- 
 for fhould be charged, becaufe no other 
 meaning can be given to this covenant. In 
 the cafe before the court, if the leflee had 
 covenanted for himfelf and afligns, to deli- 
 ver up the tenaments in good order and re- 
 pair, notwithftanding they (hould be de- 
 ftroyed by aft of God or an enemy, then 
 this aftion would certainly lie, becaufe of 
 the fpecial find exprefs words; but when 
 there arc no fuch words, but only generally 
 to repair^ Sec, would it be reafonable to 
 conllrue thefe words fo as to extend to the 
 cafes put? Cannot the covenant in this 
 cafe have another meaning ? Can it not 
 be conftrued, that the tenaments Ihould be 
 kept in good repair, and in fuch order 
 delivered up at the end of the term, 
 without any a£l or default of him, or aft 
 of any perfon, who could be profecuted as 
 a wrong doer, to prevent it ? 
 
 However, perhaps, the common law 
 courts in England might think they were 
 bound, by the ftrift rules of law, on ac^ 
 
 count 
 
 »*?* 
 
( 151 ) 
 
 count of the general exprcfs covenant, to 
 determine againft the defendant, and that 
 his relief muft be in Chancery, if any where, 
 becaufe of the eftabliflied rules and bound- 
 aries of the jurifdiaion of thefe courts.— 
 We muft, then, confider the equity of this ^ 
 cafe, and determine upon all the circum- 
 ftances thereof; for although we have not 
 the chancery forms or methods of carrying 
 feveral equitable cafes into execution, yet 
 we are to determine ( where we may ) ac- 
 cording to equity, as making a part of the 
 law to prevent a failure in juftice. 
 
 And here we have no precedents in chan- 
 cery in point : but the cafe of the office 
 which was taken away by the ufurpers in the 
 civil war in England, reported in the i. cA. 
 ca. 72.— That of the rent of a houfe, which 
 was feized by the parliament, during the 
 faid war, for an hofpital for foldiers, in the 
 fame hook, 84, which appears to have 
 been taken under advertifement, by the 
 chancellor, with a declaration, that if he 
 could he would relieve the tenant; bu^ 
 it was afterwards probably compromifed, 
 as we can find no more of it* 
 
 That of the recognizance for payment of 
 ten tfmfand pounds, to legatees by an exe- 
 cutor, 
 
 4^ 
 
 ] 
 
 J 
 
 
( 182 ) 
 
 cutor, where the teftator's cHate was fo 
 lefiened by the fire of London, that it be- 
 came iiifufficient to make up the fum. — 
 Same book, 190. — And that of a fee given 
 with an apprentice, where one hundred and 
 twenty pounds was given ; and it was pro- 
 vided by articles cxprefely, that if the maf- 
 ter died within a year, fixty pounds were to 
 be returned; — he died in three weeks after 
 the execution of the articles. — And though 
 the parties themfelves had provided againft 
 accidents— and though the maxim, " Modus 
 et conventio vincit legem," was urged, yet 
 one hundred guineas were decreed to be paid 
 back, I Vern. 460. 
 
 
 ' I fay, thefe cafes, and the uncontra- 
 dicted affertion of Mr. Dunning, that the 
 cafe of Paradine ver. Jane, had been over- 
 j-uled in chancery, (fee 3 Burr. 1639.) — 
 and alfo fome others which have been 
 <^uotcd by the defendant's counfel, hold a 
 doftrine that is ftrongly in favour of the 
 defendant. ' - 
 
 \ 
 
 /■ In Do6lor and Student, dialogue 2. 
 ch.' 4. p. 126. Mr. German is puzzled to 
 give a fatisfa6lory reafon to the queftion 
 put by the dodor, (io wit,) "If a man 
 under age marries, and lands afterwards 
 ,. .' y defcend 
 
 'H--. 
 
( i83 ) 
 defcend to the wife, and wafte is committed 
 therein after her death, without the con- 
 currence or default of the hufband, (hall 
 he be charged with it ?" The cafe thus 
 ftated, Ihows that he could not refufe tak- 
 ing fuc 1 eftale, and therefore the charge 
 or condition annexed to it by law is un- 
 reafonable and unjuft. He makes the 
 Student anfwer it in this manner, " That 
 there is as great fault in him, as in him 
 in the reverfion ; and that there is as great 
 reafon why he fliould be charged with the 
 wafte. as that he in reverfion fliould be dif- 
 enherited, and have no manner of remedy, 
 or get no profit of the land which the 
 other hath." - - ■ - *• 
 
 l< V;i, 
 
 . But I conceive, ai there was no default 
 in either of them, that there is more reafon 
 that each of them fhculd bear his own ftiare 
 of the lofs, according to the duration of 
 his eftate, than that the one fhould be re- 
 fponfible to the other. The maxims, '' Lex 
 non cogit impojfibilia." *' Jmpotentia excujat 
 legem". " Conftruaions are to be with equi- 
 ty and moderation, to moderate the rigour 
 of the law." Grounds, &c. ^S.—ca. 49-— 
 apply to the prefent cafe. -* 
 
 i^j- I ?; 
 
 J I »» ' 
 
 If 
 
 '\«i,-'- 
 
 rj 
 
( i84 ) 
 
 If a lefTor covenants that the leflee fliall 
 quietly enjoy againft all men, yet in cafe 
 he is oufted by an enemy, or tortioufly 
 entered upon by ftrangers, no a£lion of 
 covenant can be maintained againft the 
 leflbr, notwithftanding the exprefs general 
 covenant. Vaiighan, 119. Sec, This the 
 counfel for the Plaintiffs agree to be the 
 law. , 
 
 \K- 
 
 Why, then, fliould the law make the 
 leflee anfwerable on fuch a general exprefs 
 covenant, to furrender the demifed preme- 
 les in good repai-, when they were deftroy- 
 ed by an hoftile army ? Ought not the two 
 covenants to receive the like favourable 
 and reafonable conftruftion ? " Remedies 
 are to be reciprocal." " When the con- 
 ftruftion of any thing is left to the law, 
 the law which abhoreth injury and wrong, 
 will never fo conftrue it, that it fliall work 
 a wrong." Grounds, &c. 368. 
 
 To conclude. My opinion is, that the de- 
 fendant ought to pay the rent. Firft, be- 
 caufe of the exprefs covenant to pay it«' 
 Second, becaufe it is a fum certain, and the 
 extent of the lofs known, and as he was 
 to have the advantage of ca/ual profits, he 
 ought to run the hazard of cafual lofles 
 
 during 
 
( i85 ) 
 
 during the term, and not lay tlie wholfc 
 burden of them upon the leffors, as re 
 folved in Alleyn. 27. Third, becaufe if 
 a tenant by elegit be interrupted taking 
 the profits of the land by reafon of war, 
 he fhall not hold over, but ftiall fuftain the 
 difadvantage, as refolved in 4. Co. 81. b. 
 Sir Andrew Corbit's cafe. 
 
 i'-j 
 
 But I am of opinion, the defendant is 
 cxcufed from his covenant to deliver up 
 the premifes in good repair on the firft of 
 March, i778.-Firft, bee " - -ovenant 
 to do this, againft an aa o • of an 
 
 enemy, ought to be fpec^ vefs, 
 
 and fo clear that no other . >ula 
 
 be put upon it. 
 
 II. Becaufe the defendant had no con. 
 lidcration nor premium for this rifque ; and 
 it was not in the contemplation of either 
 party. And laftly, becaufe " equality is 
 equity ;" and the lofs (hould be divided j 
 he who hath the term will loofe the tempo- 
 rary profits of the premifes ; and he who 
 bath the reverfion will bear the lofs dons 
 to the permanent buildings. Neither party 
 has been guilty of any default ; the injury 
 has been done by a common enemy, whom 
 both together could not poffibly refia or 
 
 B b prevent} 
 
fil 
 
 f 186 ) 
 
 prevent ; and the premifes would have been 
 thus damiiified in the pofieffion of the plain- 
 tiff himfelf. Suppofe when the leafe wai 
 executed, that the leffee had alked, is it 
 your meaning, that in cafe the building! 
 fliould bv. dcftroyed by an a£l of God, 
 or public enemies, you are to rebuild or re- 
 pair them ? His anftver would have been un- 
 queftionably, " No; — I never entertained 
 fuch an idea." Should the like queftion have 
 been put to the Icffor, his anfwer would 
 certainly have been, " No;— I do not ex- 
 pert any thing fo unreafonable." If there 
 is no cafe in point in favour of this deter- 
 mination, there is none againft it; and 
 fmce no aftion of this kind has been brought, 
 a prefumption arifes, that the fenfe oFman» 
 kind is againtt it. If, however, we Ihould be 
 thought miftaken, another hearing may be 
 had before the high court of errors and 
 mppeals, on a writ of error, where thii 
 Dew cafe r ly be finely fettled. 
 
 NEW- 
 
 \'\ 
 
 
{ «87 ) 
 
 K E W - Y O R K. ; 
 
 ■ ■ • COMMON PLEAS, 1787. 
 
 Amm, 
 
 ONE of two partners in trade becar.: 
 infolvent and a feparale commiffion o« 
 bankruptcy «as taken out againft him; the 
 other partner being, during the whole 
 tranfaaion, in good and folvent circum- 
 ftances. On this cafe the queftion was. 
 Whether the commiffioners under the fepa- 
 rate commiffion were entitled to receive and 
 diftribute the joint ftock of the partners or 
 whether the folvent partner was entitled to 
 retain and appropriate it to the ufe ot the 
 company? It was admitted by the council, 
 and declared by the court as an undoubted 
 cim. that joint eftate is firR refponlible to 
 feparate creditors; but it feems on th.. 
 occafion the commiffioners claimed all the 
 intereft of the infolvent partner in the joint 
 eftate, though they were entitled to make 
 the diaribution. While the folvent partner 
 contended that as he was perfonally anP'-er- 
 able for the company's debts, he ought to 
 polfefs the fund out of which thofe debt, 
 were payable. The apparent equity of the 
 
i 1^ ) 
 
 cafe, in favour of the latter pofition, gave 
 occafion to a remark from the court, That 
 the execution of th& bankrupt law muft be 
 extremely defedive till a controuling jurif- 
 di6lion fimilar to the chancellor's in England 
 was here "eftaiblifhed, fince it was left gene- 
 rally to the commiflioners to proceed as 
 they pleafed; and upon an appeal to the 
 common law, the courts were bound by ge- 
 neral rules which might in particular cafes 
 militate againft jufticc and natural equity. 
 The forms of inllituting an aftion created 
 fome difficulty in the prefent inftance, and 
 it was acknowledged by the council that the 
 mofl: dilligent fearch had not enabled them 
 to difcover a prefident for afcertaining who 
 ought to be made parties to the fuit to re- 
 cover the partnerfhip debts. . 
 
 j5J 
 
 This filcnce in the law evidently proceeds 
 from the interpofition of the chancellor who 
 direBs in every refpetl the proceedings under 
 the commijjiony upon full confideration of all 
 the circumjlances of the cafe, — N, B, left un- 
 determined. 
 
 sm ^^- 
 
 CHAP. 
 
 ^;7:.jni^.g»" 
 
{ »89 ) 
 
 i 
 
 C H A P. XI. 
 
 Conjlitution,— Treaty of Peace, ^c 
 
 THE NEW CONSTITUTION having been 
 adopted by the ftates, fubjetl to a 
 declaration of rights affertlng and fecuring 
 from encroachment the great principles of 
 civil and religious liberty, and the unalien- 
 able rights of the people ; among which 
 are, « Liberty of confcience -freedom of 
 the prefs-and trial by jury," and fubjea 
 to a recommendation of amendment of 
 fome exceptionable parts to congrefs. A 
 copy of it is here added as forming the 
 
 MAGNA CHARTA OF NORTH AMERICA— 
 
 as is, a copy of the late " treaty of 
 PEACE," many judicial queftions arifing out 
 of it between England and America. 
 
 CONSTITUTION, 
 
 We the people of the United-States in Pre«mbici 
 order to form a more perfea union, eftablilh 
 juftice, enfure domeftic tranquility, pro- 
 vide for the common defence, promote the 
 general welfare, and fecure the bleffings ot 
 liberty to ourfelves and our poftenty, do 
 
 ordain 
 
- .M 
 
 ( 190 ) 
 
 ordain and eftablifh this conftitution for the 
 United-States of America. 
 
 i > 
 
 i't ' ,) 
 
 A R T I C L E I. 
 
 Afti.fcfl.i. AH legiflative powers herein granted 
 
 All leginative fhall be vetted in a congrefs of the United- 
 power Teftcdin fnrr J 
 eongrcfj. States, which fhall conult of a lenate and 
 
 houfe of reprefentatives. 
 
 ScSt. f . 
 
 ReprefcnU- 
 tives, Sec. 
 
 ElcAort, ice 
 
 Reprefentativef 
 qualification, 
 
 Reprefenta- 
 tives and taxes 
 apportioned, 
 frc. 
 
 The houfe of reprefentatives fhall bs 
 compofed of members chofen every fecond 
 year by the people of the feveral ftaies, 
 and the eledors in each ftate fhall have the 
 qualifications requifite for eleftors of the 
 moft numerous branch of the flate Icgif- 
 lature. 
 
 No perfon fhall be a reprefentative who, 
 fliall not have attained to the age of twenty- 
 five years, and been feven years a citizen 
 of the United-States, and who fhall not^ 
 when elefted, be an inhabitant of that ftate 
 in which he fhall be chofen. 
 
 Reprefentatives and direft taxes fliall be 
 apportioned among the feveral ftates which 
 may be included within this union, ac- 
 cording to their refpeBive numbers, which 
 fhall be determined by adding to the whole 
 
 number 
 
 *^ ■^-" 
 

 : 
 
 ( 19^ ) 
 
 number of free perfons, including thofe 
 bound to fervice for a term of years ; and 
 excluding Indians not taxed. Three-fifths 
 of all perfons. The aBual enumeration fball 
 be made ^^'ithin three years after the firft 
 meeting of the congrefs of the United- 
 States, and within every fubfequent term ot 
 ten years, in fuch manner as they fhall by 
 law direa. The number of reprefentatives 
 ihall not exceed one for every thirty- 
 ihoufand, but each ftate fhall have at leaft 
 one reprefentative, and, until fuch enume- 
 ration (hall be made, the ftate of Hampftiire 
 Ihall be entitled to choofe three, Maffa. 
 chufetts eight; Rhode-IQand and Provi- 
 
 dencc Plantations, one ; Conneaicut, five ; 
 
 New-York, fix ; New- Jerfey, four ; Penri- 
 
 fylvania, eight; Delaware, one ; Maryland. 
 
 fix- Virginia, ten; North-Carolina, five; 
 
 South-Carolina, five ; and Georgia, three. 
 
 When vacancies happen in the repre- v«»ncvc*. 
 fentation from any ftate, the executive 
 authority thereof ftiall ilTue writs of cleaion 
 
 to fill fuch vacancies. 
 
 The houfe of reprefentatives ftiall choofe SpcVer, *c. 
 their fpeaker and other officers, and fliall 
 have the fole power of impeachment. 
 
 
 ImpMcbmcali 
 
 The 
 
 i W 
 
 
Senate* 
 
 Vacancies* 
 
 Bivifion Into 
 clarTcg, &c. 
 
 Senatorial qua- 
 lificationj. 
 
 ( 19^ ) 
 
 The fenate of the United-States fhall be 
 compofed of two fenators from each ftate» 
 chofen by the legiflature thereof for fix 
 years, and each fenator fhall have one vote. 
 
 Immediately after they fhall be affem- 
 bled, in ct>nfequence of the firft cleftion, 
 they fhall be divided as equally as may be 
 into three claffes ; the feats of the fenators 
 of the firft clafs ftiall be vacated at the ex- 
 piration of the fecond year; of the fe- 
 cond clafs at the expiration of the fourth 
 year ; and of the third clafs at the expira- 
 tion of the fixth year, fo that one third 
 may be chofen every fecond year ; and if 
 vacancies happen by refignation or other- 
 wife, during the recefs of the legiflature, of 
 any ftate, the executive thereof may make 
 temporary appointments until the next 
 meeting of the legiflature, which fliall then 
 fill fuch vacancies. 
 
 No perfon fliall be a fenator who ftiall 
 not have attained to the age of thirty 
 years, and been nine years a citizen of the 
 United-States, and who ftiall not, when 
 elefted, be an inhabitant of that ftate for 
 which he fliall be chofen. 
 
 The. 
 
 ^ 
 
(^93) 
 
 The vicc-prefident of the United-States vice prdideat, 
 ftiall be prefident of the fenate, but (hall 
 have no vote unlefs they be equally di- 
 vided. 
 
 The fenate fliall choofe their other offi- 
 
 cers, and alfo a prefident pro tempore in the 
 
 abfence of the vice-prefident, or when he 
 
 ftall exercife the office or prefident of the 
 
 United-States. 
 
 The fenate fhall have the fole power to 
 try all impeachments when fitting for that 
 purpofe ; they ftiall be on oath or affirma- 
 tion. When the prefident of the United- 
 States is tried the chief juftice ftiall pre- 
 fide ; and no perfon ftiall be conviaed 
 
 without the concurrence of two-thirds of 
 
 the members prefent. 
 
 Judgment in cafes of impeachment ftiall J^^^^"' "*'"^* 
 not extend further than to removal from 
 office and difqualification to hold and enjoy 
 
 any office of honour, truft, or profit, under 
 the United-States but the party conviQed, 
 Ihall, never thelefs, be liable and fubjea to 
 
 indiament, trial, judgment, and punifti- 
 
 ment, according to law. 
 
 i 
 
 ' Sec, 4. The times, places, and man- Sec 4. 
 
 C c ner 
 
 #■■ 
 
 /l^ 
 
( 
 
 W 
 
 ( 194 1 
 
 Elcciu.ns. r.er of lioMir? clefVions' for fenators and 
 ,^f.<th:y.^^i*"■^ y„v.-^fp;^ij.t.;yej; {i^j^vj b''e''prerGribfed in bach 
 
 ftaVe fV the legiflafure: thereof; b*ut the 
 rongr?^'. r^-iv.'ai: aV^y timcV^'y law make or 
 niirr I'.rh regulation?, except as t6 the 
 
 places orchooliiiS (enalors. 
 
 'o 
 
 !• 
 
 "uc;;../ ..), I'ii 
 
 'ff 
 
 CcngTtfs, 
 
 ' Th- r.or.rrVcfs fhall afTenibte at leaft. once 
 in every year; and fCich 'meetirtg fhall b;6 
 on tVe f:rft Monday in December, unlefs 
 tLey fi':all by law appoint a different day." 
 
 Sec. f, 
 
 c'x 
 
 c. r. Each boufe fliall be the judge 
 judi ff their cF tie cle«5irons,' rctupis/and qualifi,catidns 
 
 own ektlion, -,., . ■ ' ' 1' ' ' . ' . ' V' "i 
 
 Ac. of US qv;n. members, and a majority or each 
 
 (hairconriuute a quditim to do bufinefs; 
 biit' a fmallt;'r number may' adjourn from 
 day to cayj ai;d may be authorize J .to 
 Adjourumei.t, ccm-pel ihc aitcndancc of abfent, member^ 
 *^' in fuch manner, and' under fucli pcnahies 
 
 as each houfc mav provide. . , 
 
 ^ ''E^ach boufe may det^rpilne the rules pf 
 its' pr6ceeviTng3, puniin its. members for 
 difor^erly tthavrour riid witli' the concur- 
 rence bir{w6-uiiids expel a member. ., ,. 
 
 Rule«, itc. 
 
 r, 
 
 Journal, in,. 
 
 , >j. 
 
 Each boufe (hall kp^ep a journal of its 
 proceedings and from lim6 to lime publifh 
 the fame, excepting fuch parts as may in 
 
 

 ( 195 ) 
 tfeeir judgment require fecrecy, and th« 
 yca^ and n-y^s of the members of e.ther 
 houfe. on any queWon, (hall at the, defire 
 of one-fifth of thofe prefent, be entered on 
 
 the journal. 
 
 NeitVer houfe during the feffion of con- Adjou,™™., 
 .refs Ihall, without the confent of the 
 other, adjourn for more than three days 
 nor to any other place than that m which 
 the two houfes thall be fittmg. 
 
 Set 6. The fenators and reprefentatives s«.6._,^,^ 
 ■ ftall receive a compenfation for their fer- v,w.e., *c. 
 vices to be afcertained by law. and pa.d 
 out of the treafury of the United-States. 
 They (hall in all cafes except treafon, felony, 
 ,nd breach of the peace, be privileged 
 from arrcft during their attendance at the 
 felTion of their refpeaive houfes ; and m 
 soing to and retuning from the fame, and 
 L any fpeech or debate in either houfe 
 
 they ftall not be quellioned in any other 
 place. 
 
 'no fenatoror reprefentative (hall dur- Stto™ 
 ing the time for v^hich he was eleaed, be ^^^-^ 
 appointed to any civil office under the au- 
 thority of the United-States, which (hall 
 have been created, or the emoluments 
 
 f; c J increafed 
 
P- 
 
 I 
 
 ( '96 ) 
 
 increafed during fuch time, and no perfon 
 holding any office under the United-State*, 
 ihall be a member of either houfc during 
 his continuance in office. 
 
 t 
 
 Sec. 7. 
 Money billi. 
 
 Sec. 7. All bills for raifing revenue 
 fliall originate in the houfe of reprcfenta- 
 tives ; but the fenate may propofe or con- 
 cur with amendments as on other bills. 
 
 ' i 
 
 Mode of pair- 
 ing billi. 
 
 Every bill which fhall have paifed the 
 houfe of reprefentatives and the fenate, 
 fliall, before it becomes a law, be prcfented 
 to the prefident of the United-States, if he 
 approve he fhall fign it, but if not he fhall 
 return it, with his obje6lions to that houfc 
 in which it fhall have originated, who fhall 
 enter the objeftions at large on their jour- 
 nal, and proceed to reconfider it, if after 
 fuch reconfideration two-thirds of that houfc 
 fhall agree to pafs the bill, it fhall be fent, 
 together with the obje6lions to the other 
 houf'', by which it fhall likewife be reconfi- 
 dered, and if approved of by two-thirds of 
 that houfe it fhall become a law. But in 
 all fuch cafes the votes of both houfes fhall 
 be determined by yeas and nays, and the 
 names of the perfons voting for and againft 
 the bill fhall be entered on the journals of 
 each houfe rcfpeaively. If any bill (hal! 
 
 not 
 
 ^^.*iS 
 
w 
 
 ( 197 ) 
 
 not be returned by the preGdent within 
 ten days (Sundays excepted) after it Ihall 
 have been prefented to him, the fame fhall 
 be a law in like manner as if he had figned 
 it, unlefs the congrefsby their adjournmenl 
 prevent its return in which cafe it ftiall not 
 be a law. 
 
 Orders, 
 
 lutionst 
 
 refo- 
 votcs, 
 
 Every order, refolution, or vole to which 
 the concurrence of the fenate and houfe of 
 reprefentatives may be neceffary ( except 
 on a queftion of adjournment), (hall be 
 prefented to the prefident of the United- 
 States, and before the fame (hall take ef- 
 fca (hall be approved by him, or being 
 difapproved, (hall be repaffed by two-thirds 
 of the fenate and houfe of reprefentatives 
 according to the rules and limitations pre- 
 fcribed in cafe of a bill. 
 
 Sec. 8. The congrefs (hall hare power to s^- «;,,,„, 
 lay and collea taxes, duties, impofts, and ex- in>po«s. & ex- 
 cifes to pay the debts, and provide for the 
 common defence and general welfare of the 
 United^States ; but all duties, impotts. and 
 excifes (hall be uniform throughout the 
 United-States. 
 
 To borrow money on the credit of the Borrowinj 
 
 United-States. 
 
 To 
 
 )ii 
 
 
Commerce. 
 
 ( 198 ) . ■ 
 
 To regulate commerce with foreign na- 
 tions, and among the feveral Hates, and with 
 the Indian tribes. 
 
 Naturalization, To cllablifli a Uniform rule of naturaliza- 
 &si f"p'^«. jj^^^^ ^j^j uniform laws on the fubjeft of 
 
 bankruptcies throughout the United-States. 
 
 Coin. 
 
 eaal laws. 
 
 To coin money, regulate the value 
 thereof, and of foreign coin, and fix the 
 iUndard of weights and meafurcs. 
 
 To provide for the punifiiment of coun- 
 terfeiting the fecuriiies and current coin of 
 
 the United-States. 
 
 Pnft-officcsand To cllablifh poft-ofFices and pofl-road?. 
 
 roads. 
 
 Alts and To promote the progrefs of fciencc and 
 
 ff en ..s, lifrra- , „,.. ,. 
 
 »y property, 1110^1 31 is by fecuring lor nmitted tmies to 
 authors and inventors the exclufive riglit of 
 their rcfpe6live writings and difcoveries. 
 
 Tnffii->r tribu- 
 nals, &.C. 
 
 Fi-acics and 
 
 feluiues 
 
 To conllitute tribunals inferior to the 
 fupreme court. ... 
 
 To define and punifh piracies and fclonict 
 committed on the high feas, and offence* 
 againft the law of nations. -j i ' 
 
 
 To 
 
f 199 ) ' 
 
 p Wir leftfr of 
 
 To declare war, gram letters of marque ^^^^.^^^ ^,. 
 and reprifal, and make rules concerning 
 captures on land and water. 
 
 > 
 
 ' ■ To raife and fupport armie?, but no ap- Arn,i«,&.. 
 propriation of money to that ufe fliall be 
 for a longer term tban two years. 
 
 * 
 
 To provide and mantain a navy. • . ^»"r- 
 
 To make rules for the government and ]^^J^^ " 
 regulation of tbe land and naval forces. 
 
 Toorovidefor calling forth the militia Miiitta, infur- 
 
 xw ^»v CI _ ^ regions, mvali' 
 
 to execute the laws of the unicn, hippreis ons, &c 
 infurreaions, and repel invafions. 
 
 To provide for organizing, arming, and MiiitU, k^ 
 dilciplining the militia, and for governing 
 fuch part of them as may be employed in 
 ihefervice of the United- States^ referving 
 to the ftates refpeBively the appointment 
 of the officers and authority of training the 
 mihtia according to the difcipline prefcribed 
 by congrefs. . 
 
 ^V Ik 
 
 ■ To exercife exclufive legiflation in all Exdafivejauf- 
 cafes whatever, over fuch diftria, not ex- 
 ceeding ten miles fquare, as may by ceffion 
 of particular ftates and the acceptance of , 
 
 congrefs 
 
Lawi| &c. 
 
 ( 200 ) 
 
 congrcfs become the feat of government 
 of the United-States, and to exercife like 
 authority over ail places purchafed by the 
 confent of the legiflature of the ftate in 
 which the fame (hall be for the ereftion of 
 forts, magazines, arfenals, dock-yards, and 
 other needful buildings. — And, 
 
 To make all laws which (hall be neceffary 
 and proper for carrying into execution the 
 foregoing powers, and all other powers, veil- 
 ed by this conftitution in the government 
 of the United-States or in any department 
 or office thereof. 
 
 Sec. 9; The migration or importation 
 rf fuch perfons as any of the ftates, now 
 txiilii ^^, fha'Uliikik proper to admit, (hall not 
 be prohibited by the congrefs prior to the 
 year one thoufand feven hundrcv nd eighty- 
 eight; but a tax or duty may bvi :.npofed on 
 fuch importation, not exceeding ten dollars 
 for each perfon. 
 
 Habcascorpus. The privilege of the writ of Haheai 
 Corpus fliall not be fufpended unlefs when in 
 cafes of rebellion or invafion the public 
 fafety may require it. . 
 
 See. 9. 
 
 Migration and 
 emigration, 
 
 
 
 No 
 
( 201 ) 
 
 No bill of attainder, or Ex pojl fa^o Attainder, 
 Law fliallbe paflcd. 
 
 No capitation or other direQ tax Ihall Tax... 
 be laid unlefs in proportion to the cenjus 
 or enumeration herein before direfted to 
 be taken. 
 
 No tax or duty fliall be laid on articles 
 exported from any Hate. 
 
 No preferetKe Ihall be given by any ^on^ 
 regulations of commerce or revenue to the &«=. 
 ports of one Hate over thofe of another, 
 nor ftiall veffels bound to or from one 
 ftate be obliged to enter, clear, or pay 
 duties in another. 
 
 No money Ihall be drawn from the trea- '^^^^ 
 fury but in confequence of appropriations 
 made by law ; and a regular ftatement and 
 account of the receipts and expenditures 
 of public money Ihall be publiflied from 
 time to time. 
 
 No title of nobility fnall be granted by '^"i"- 
 the United-States, and no perfon holding 
 any office of profit or truft under them, 
 ftiall, without the confent of congrefs, accept 
 of any prefent, emolument, office, or title 
 
 D d ''^ 
 
I,' 
 
 Sec. 10, 
 Treaties, alli- 
 ances, 6cc, &.C, 
 
 ( 202 ) 
 
 of any kind whatever, from any king, 
 prince, or foreign flate. 
 
 Sec. 10. No ftate fliall enter into any 
 treaty, alliance, or confederation, grant 
 letters of marque and reprifal, coin money, 
 remit bills of credit, make any thing but 
 gold and filver coin, a tender in payment 
 of debts, pafs any bill of attainder, ex pojl 
 Ja^o law, or law impairing the obligations 
 of contraBs or grant any tide of nobility. 
 
 i*it!es,&c. &c. Ko ftate fliall, without the confent of 
 
 under controul f , • j • ' 
 
 oi ^on^jieis. congrcls, lay any imports, or duties on im- 
 ports or exports, except what may be abfo- 
 lutely nccelfary for executing its infpeBion 
 laws, and the nctt produce of all duties and 
 imports laid by any ftate on impors or ex- 
 ports, ftiall be fci' the ufe of the treafury of 
 the United-States; and all fuch laws lliall 
 be fubjeB to the rcvifion and controul of 
 congrefs. No ftate fliall, without the con- 
 fent of congrefs, lay any duty of tonnage, 
 keep troops or (hips of war in time of 
 peace, enter into any agreement or corn- 
 pad with another ftate, or with a foreign 
 power, or engage in war unlefs aBually in- 
 vaded, or in fuch eminent danger as will 
 tiot admit of delay. „ y, . 
 
 ART U 
 
 
 '"ill"" 
 
( 203 ) 
 
 ARTICLE 
 
 II. 
 
 \ 
 
 Sec. 1. The executive power fhall be V,e*f,dcnt,&c# 
 vefted .in a prefident of the United-States 
 of America; he Ihall hold his office during 
 the term of four years, and together with 
 the vice prefident, chofen for the fame term, 
 be elected as follows: 
 
 Each ftate fliall appoint, in fuch manner n^fion, s.., 
 
 as the legiOature thereof may direft, a 
 
 number of elcdors equal to the whole 
 
 number of fcnators and reprefentativcs 
 
 to which the rtate may be endtled in con- 
 
 ffi-efs. But no fenator or reprefentative, or 
 
 perfon holding an office of truft or profit 
 
 under the United-States ffiall be appointed 
 
 an eleftor. 
 
 The eleaors ffiall meet in their re- 
 fpeBive ilates, and vote by ballot ^^r two 
 perfons, of whom one at lead ffiall not be 
 an inhabitant of the dune Hate with them- 
 felves ; and they flvall make a liR of all the 
 perfons voted for, and of the number of 
 votes for each lift, which they ffiall fign and 
 certify, and tranfmit fealed to the feat of 
 D d a ^^ 
 
 ■'* 
 
( 204 ) 
 
 tVie government of the United-States, di- 
 rected to the prefident of the fenate. 
 
 PjtOdcnf. &c. The prefident of the fenate Ihall in pre- 
 fence of the fenate and houfe of reprefenta- 
 tivcs of)en all the certificates, and the votes 
 fliall then be counted. 
 
 e( 
 tl 
 
 c 
 
 \ 
 ( 
 
 Votes, &c. 
 
 The perfon having the greateft number 
 of votes Ihall be prefident, if fuch number 
 be a majority of the whole number of 
 eleftors appointed ; and if there be more 
 than one \vbo have fuch majority and have 
 an equal number of votCvS, then the houfe 
 of reprefeniatives fliall immediately choofe 
 by ballot one of them for prclident, and if 
 no perfon have a miijoiity, then from the 
 five higliefl on the lilt, the faid houfe fliall in 
 like manner choofe a prefident. ]jut in 
 choofing tiie prefident the votes fhall be 
 taken by the ftales, the reprefentation from 
 each flate having one vote. A quorum for 
 this purpofe fhall confilt of a member or 
 members from two-thirds of the ttatcs, and 
 a majority of all the flates fhall be ne- 
 ceflary to a choice. In every cafe after 
 the choice of the prefident the perfon 
 having the greatell number of votes of the 
 clcBors fhall be vice-prcfiient ; but if 
 there fliall remain two or more who have 
 
 equal 
 
 ■Hi 
 
I 
 
 ( 205 ) 
 
 equal votes, the fenate (hall cboofe from • ^ 
 
 them by ballot the mf-i^re/z^'^ni. 
 
 The congrefs mav determine the time Con.vefs, ic 
 of choofing the elettors and the day on 
 v^hich the) Ihall give their votes, which - 
 day (hall be the fame throughout the United. , 
 States, 
 
 No perfon, except a natural-born citizen p-M"'. 
 of the United-States at the time of the adop- 
 tion of this conltitution, Otall be ehgible to 
 the office of prel.dent, neither Ihallany per- 
 fon be eligible to that office who Ihall not 
 have attained to the age of thir.y-five years. 
 
 and been fourteen years a refident within 
 
 the United-States. 
 
 In cafe of the removal of a prefident ^^^j^ 
 from office, or his death, reftgnation or in- J-';«£f; 
 ability to difcharge the powers and duties 
 of the laid office, the fame (hall devolve on 
 the vice-preddent and the congrefs may by 
 law provide for the cafe of removal, death, 
 refignation, o. inability, both the prefi- 
 dent and vice-prefident, declaring what offi- 
 cer ffiall then aB as prefident, and luch offi- 
 cer ffiall aa accordingly until the d.fab.hty 
 be removed or a prefident (hall be eleaed. 
 
 The 
 
 ^ 
 
S-S 
 
 i. 
 
 mu^ 
 
 I. 
 
 
 jSalary, &c. 
 
 Oath, &c. 
 
 ( 206 ) 
 
 The prefidcnt (hall at dated times re- 
 ceive tor his fcrvices a compenfation which 
 fliall neither be increafed or diminiflied dur- 
 ing the period for which he (hall have been 
 fclefted, and he fhall not receive within that 
 period any other emolument from the Unit- 
 ed-States or anv of them. 
 
 Before he enter on the execution of his 
 office he Ihall take the followinq; oath or 
 information, " I do ft)lemnly fwear, (or 
 affirm.) that I will faithfully execute the 
 office of prefident of the United-States, 
 and will, to the utmofl: of my ability, pre- 
 ferve, protect, and defend the conllitution 
 pf the Unitcd-Stateg. • 
 
 8ec e. 
 
 Comm.in.'l;;!- la 
 
 Sec. 2. The prefidcnt fhall be com- 
 chief, &c. mander in chief of the army and navy of 
 the United-States, and of the militia of 
 the feveral flates, when called into the 
 a6lual fervice of the United-States ; he 
 may require the opinion in writing of the 
 principal officer in each of the executive 
 departments, upon any fubje^ relating to 
 the duties of their refpeftive offices ; and 
 he ffiall have power to grant reprieves and 
 pardons for oiPences againfl: the United- 
 states, except in cafes of impeachment. 
 
 H« 
 
( 207 ) 
 
 He (hall have power, by and with the ad- f^f^^™''^* 
 Yice and conlent of the fenate to make trea- 
 ties, provided two-thirds of the fenatorspre- 
 fent concur; and he fhall nominate, and by 
 and with the advice and confent of the 
 fenate, fhall appoint ambaffadors, other Appm^nt^Am^ 
 public minifters and confuls, judges of the 
 fupreme court, and all other officers of the 
 United-States whofe appointments are not 
 
 herein oiherwife provided for, and which 
 Ihall be eftabUmed by Uw, but the congrefs 
 may by law veR the appointment of fuch 
 inferior officers as they may think proper, 
 in the prclident alone, in the courts of law 
 or in the heads of department. • 
 
 The prefident fliall have power to fill up To fiiup^v,- 
 thc vacancies that may happen during the 
 recefs of the fenate, by granting commiffi- 
 ons which fliall expire at the end of their 
 next feflion. , 
 
 Sec. 3. He fhall from time to time give to Hi» autic*, 
 the congrefs information of the fiate of the 
 union, and recommend to their confideration 
 fuch meafures as he fliall judge necelliiry 
 and expedient; he may, on extraordmary 
 occafions, convene both houfes or euher of 
 them, and in cafes of difagreement between 
 ihcm with refpcet to the time of adjourn- 
 ment, 
 
 i] 
 
 
 W 
 
 
 • 'i 
 
 
I 
 
 ( 208 ) 
 
 Adjournment, rhtnt, he may adjourn them to fach time ai 
 *"' he fliall think proper ; he fhall receive ?m^ 
 
 balTadors and other public minifters; he 
 Ihall take care that the laws be faithfully- 
 executed, and fhall commiflion all the of- 
 ficers of the United-States. 
 
 Rf moval on 
 cunviflion, &c. 
 
 Extent of ju- 
 rii'dtdtion. 
 
 Sec. 4. The prefidcnt, vice-prefident, 
 and all civil officers of the United-States 
 ftiall be removed from office on impeach- 
 ment for and conviaion of treafon, bri. 
 berv, or other high crimes and miide- 
 meanors. 
 
 ARTICLE III. 
 
 Sec. 1. The judicial power of the 
 
 ♦IS veiled in , n 1 • -„«« fn 
 
 courts appoint- Unued-Statcs (hall be vefted m one lu- 
 eabycon,.u. ^^^^^ ^^^^^^^ ^^^^ .^ ^^^^ inferior courts a* 
 
 the congrefs mav from time to time ordain 
 and enablifh. The judges both of the 
 faprcme and mferior courts fliall hold their 
 offices during good behaviour, and fliall at 
 ftated times receive for their fervices a 
 compenfation which fhall not be dimuufhed 
 during their continuance in office. 
 
 Judicial \',^v>' 
 ♦IS veiled in 
 
 Sec. 2. The judicial power fhall extend to 
 all cafes in law and equity arifing under this 
 conftitution; the laws of the United-State, 
 
 and 
 
 • 
 
 ■Hiiii 
 
.& 
 
 1 tj 
 
 ( 209 ) 
 
 and treaties made, or which fliall be made, XSadori. 
 under their authority; to all cafes affeamg ^^J;";^"^;!';. 
 ambaffadors or other public minifters and vcriK., &«. 
 confuls ; to all cafes of admiralty and ma- 
 ratime jurifdiaion ; to controverfies to 
 vhich the United-States fliall be a party ; 
 to controverfies between two or more ftates ; 
 
 between a ftate and citizens of another 
 ftate; between citizens of different ftates. 
 between citizens of the fame ftate claiming 
 lands under grants of different ftates ; and 
 between a ftate or the citizens thereof and 
 foreign ftates, citizens, or fubjeas. 
 
 In cafes affeaing ambaffadors, other ^f;:sL 
 public minifters and confuls, and thofe in mbUkr. 
 which a ftate ftiall be a party, the fupreme 
 court ftiall have original jurifdiaion. In whe^-^i^^^^^^ 
 all other cafes, before-mentioned, the fu- 
 preme court fhall have appellate jurifdiaion 
 both as to law and faa, with fuch excep- 
 tions and under fuch regulations as the 
 congrefs fliall make. 
 
 The trial of all crimes, except in cafes of Tiai Wjj'n^ 
 impeachment, (hall be by jury ; and fuch ^^^^^^ 
 trial fliall be held in the ftate where the faid trcafo..,&6. 
 crime ftiall have been committed; but 
 when not committed within any ftate, the 
 
 where appel- 
 late. 
 
 i 
 
 u 
 
 il 
 
 fs' 
 
 * I 
 
h 
 
 Stc. 3. 
 Tiealuii, 5:c 
 
 ( 210 ) 
 
 trial fhall be at fuch place or places as the 
 congrcis may by law have dire61cd. 
 
 Sec. 3. Treafon againft the United- 
 States fiiail confift only in levying war againft 
 them, or in adhering to their enemies, 
 giving them aid and comfort. No perfon 
 fhall be convifted of treafon unlefs on the 
 tellimony of two witneffes to the fame 
 overt att, or on confelhon in open court. 
 
 The congrefs fliall have power to declare 
 the punifliment of treafon; but no attainder 
 of treafon fhall work corruption of blood 
 or forfeiture except during the life of the 
 perfon attainted. 
 
 i 
 
 Article 4t 
 
 Rcioids, &::, 
 
 ARTICLE IV. 
 
 Sec. 1. Full fliith and credit fhall be 
 given in each flate to the public afts, 
 records, and judicial proceedings of every 
 other flitc ; and the congrefs may, by ge- 
 neral lav/s, prcfcribe die manner in which 
 fuch aBs, Records, and proceedings, fhall be 
 proved, and the elfctls thereof. 
 
 Ri;',lils of citi- 
 2tulhip, iit. 
 
 Sec. 2. 
 
 The citizens of each flate fliall 
 be entitled to all the privileges and immu- 
 iiilies of citizens in the feveral flates. 
 
 A perfon 
 
( 211 ) 
 
 A perfon charged in any ftate with trca- FugUive*. At, 
 fon, felony, or other crime, who Ihall flee 
 from juftice and be found in another ftate, 
 fiiall on demand of the executive authority 
 of the ftate, from which he fled, be deli- 
 vered up to be removed to the ftate having 
 jurifdiBion of the crime. 
 
 No perfon held to fci vice or labour, in For debt, icu 
 one ftate, under the laws thereof, efcaping 
 into another, fliail in confequence of any 
 law or regulation therein, be difchargcd 
 from fuch fcrvice or labour, but fhall be 
 delivered up on claim of the party, to 
 whom llich fcrvice or labour may be due. 
 
 Sec. 3. New ftates may be admitted sec. 3. 
 by the congrefs into this union, but no ^''^''' ^^*'••• 
 new ftate fhall be formed or erefted, with- 
 in the jurifdiQion of any other ftate, nor 
 any other (late be formed, by the jun8.ion 
 of two or more ftates, or parts of i\ f.z, 
 without the confent of the legiflature of the 
 lb.tes concerned as well as of congrefs. 
 
 Tae congrefs fliall have power, to dif- i'fg"iation oi 
 
 ^ 'I'cnitor)-. 
 
 poic ot and make all needful rules and 
 regulations rcfpetting the territoty, or 
 other property, belonging to the United- 
 
 E e ^ States;, 
 
 i 
 
 ^ 1 
 
 i 
 
 f 
 
'}^' 
 
 ( 212 ) 
 
 States ; and nothing in this conftitution, 
 Ihall be fo conflrued, fo as to prejudice any 
 claims of the United-States, or any parti- 
 cular ftate. 
 
 I 
 
 1' 
 
 ■}>\ 
 
 vernmeni, &c. 
 
 Sec. 4. Sec. 4. The United-States fhall guar- 
 
 Repubiicango- antcc to cvery Hate, in this union, a re- 
 publican form of government, and fliall 
 proteft each of them againft invafion, or 
 on the application of the legiflature, or of 
 the executive, when the legidature caimot 
 be convened, againft domeftic violence. 
 
 ARTICLE V. 
 
 Amendments 
 of the conllitU" 
 tion, &c. 
 
 The congrefs, whenever two-thirds of 
 both houfes, {hall deem it neceflary, 
 fliall propofe amendments to this confti- 
 tution, or on the application of the legif- 
 lature, of two-thirds of the feveral ftates, 
 fliall call a convention for propofing amend- 
 ments which in either cafe ftiall be valid to 
 all intents and purpofes, as a part ihereor', 
 when ratified by the legiflatures, of three- 
 fourths of the feveral ftates or by conventions, 
 in three-fourths thereof, as the one or the 
 other mode of ratification may be propofcd 
 by the congrefs, provided that no amend- 
 mendment which may be made prior to the 
 year J 808 fhall in any manner alfea the 
 
 fiift 
 
( 213 ) 
 
 firft and fourth claufes, in the ninth fcftion 
 of the firft article ; and that no ttate without 
 its confcnt, fhall be deprived of its equal 
 fuffrage in the fcnate. 
 
 ARTICLE VI. 
 
 All debts contraQed and engagements Debts, &c. 
 entered into before the adoption of the 
 conftiiutian, fhall be as valid againft the 
 United-States under this conllituiion as 
 under the confederation. 
 
 This conftitution and the laws of the This conftitutu 
 
 oii, treaties, &c. 
 
 United-States which mail be made in pur- and the law of 
 fuance thereof, and all treaties made, or 
 which fhall be made under the authority of 
 the United-States, fhall be the fupreme 
 law of the land ; and the judges in every 
 flate fliall be bound thereby, any thing in 
 the conditution or laws of any Hate to the 
 contrary notwithflanding. 
 
 
 1 
 
 The fcnators and reprefentatives before- Senators and re. 
 
 preientatives 
 
 mentioned, and the members of the feveral bound to fup- 
 
 n 1 -n • T ■ port the confli* 
 
 liate legiilatures, and all executive and ju- tution, 
 dicial offices, both of the United-States 
 and of the feveral flates, fhall be bound by 
 oath or affirmation to fupport this conflitu- 
 tiori, but no religious zefl fhall ever be re- 
 
 •[uired 
 
,-S¥KT- 
 
 ( 214 ) 
 
 quired as a qualification lo any oflice or 
 public truft under the Uriitcd-Siates. 
 
 *' : 
 
 ARTICLE VII. 
 
 u 
 
 RatKicatlon, 
 
 &.C. 
 
 The ratification of the convention of 
 nine flatcs fhall be fufficicnt for the efla- 
 bliflnncrjt of this conditution between the 
 (lutes fo ratifying the fame. 
 
 'M 
 
 ^ 
 
 run 
 
 
( 215 ) 
 
 THE 
 
 DEFINITIVE TP.EATY 
 
 OF 
 
 PEACE AND FRIENDSHIP*, 
 
 ■ , BETWEEN 
 
 His Britan NIC Majesty and the Un ited- 
 
 States of Amekica. Signed at Pii/i-f, the 
 31) ot September, 17^3. 
 
 In the Nams of the Mofl Holy ami Undivided 
 
 Trinity, 
 
 IT having picafed the Divine Providence Prcau.bie. 
 to dii'pofe the hearts oF the mod Serene 
 and mod potent Prince George the Third, 
 by the grace of God, King cf Great-Bri- 
 tain, France, and Ireland, Defender of the 
 Faith, Duke of Brunfwickand Lunenburgh, 
 Arch-Treafurer and Prince Eleftor of 
 the Holy P.oman Empire, Sec. and of 
 the United-States of America, to forget all 
 pad mifundcrdandings ?nd differences that 
 
 
 * It 'vcrc ufelefi to fi;t forth the fcvcral inflanccs In which 
 the treaty has been violated on the part of the ftates, the in- 
 fraflioii of it having been admitted by congrcfs in their public 
 letter to the ftates, and by the ftates thcmfclves by th- repeal of 
 thofcJ»w»ia conl'ec[ucnce of it. 
 
 have 
 
In 
 
 P 
 
 
 / 
 
 ( 216 ) 
 
 bave unliappily interrupted the good cor- 
 lefpondence and friendfhip which they mu- 
 tually wifli to reftore ; and to eftabhfh fuch 
 a beneficial and fatisfaclory intercourfe be- 
 tween the two countries, upon the ground 
 of reciprocal advantages and mutual con- 
 venience, as may promote and fecure to 
 both perpetual peace and harmony; and 
 having for this defirable end already 
 laid the foundation of peace and reconcili- 
 ation, by the provifional articles figned at 
 Paris, on the 30th of November, 1782, by 
 the commiiTioncrs empowered on each 
 part; which articles were agreed to be in- 
 ferted in, and to conflitute the treaty of 
 peace, propofed to be concluded between 
 the Crown of Great-Britain and the faid 
 United-States, but which treaty was not to 
 be concluded until terms of peace fliouid 
 be agreed upon between Great-Britan and 
 France, and his Britannic Majefty fliould 
 be ready to conclude fuch treaty accord- 
 ingly; and the treaty between Great-Bri- 
 tain and France having fu.ce been con- 
 cluded, his Britannic Majefty and the 
 United-States of America, in order to carry 
 into full eflea the provifional articles above- 
 mentioned, according to the tenor thereof; 
 have conftituied and appointed, that is to 
 
 fay, 
 
 
 ^^(^», 
 
k 
 
 ( 217 ) 
 
 fay, his Britannic Majefty, on his part, 
 David Hartley, Efq ; member of the par- 
 liament of Great-Britain ; and the faid 
 United-fttates, on their part, John Adams, 
 Efq ; late a commiflioner of the United- 
 States of America, at the court of Vcr- 
 failles, late delegate in congrefs from the 
 ftate of Maflachufetts, and chief juftice of 
 the faid ftate, and minifter plenipoten- 
 tiary of the faid United-States to their 
 High Mtghtinefies the States-General of 
 the United Netherlands ; Benjamin Frank- 
 lin, Efq ; late delegate in congrefs from 
 the ftate of Pennfylvania, prefident of the 
 convention of the faid ftate, and minifter 
 plenipotentiary from the United-States of 
 America, at the court of Verfailles j John 
 Jay, Efq ; late prefident of congrefs, and 
 chief juftice of the ftate of New-York, 
 and minifter plenipotentiary from the faid 
 Unitcd-Sates at the Court of Madrid j to 
 be the plenipotentiaries for the concluding 
 and ftgning the prefent definitive tteaty: 
 Who, after having reciprocally communi- 
 cated their refpedive full powers, have 
 agreed upon and confirmed the following 
 articles : 
 
 ■,? 
 
 Ff 
 
 ART!. 
 
Acknowledg- 
 nient of inde. 
 pendcncc and 
 ibvcreijnty. 
 
 boundaries. 
 
 ( 218 ) 
 
 ARTICLE I. 
 
 His Britannic Majefty acknowledges the 
 faid United-States, viz : New Hampfliire, 
 Maflachufetts Bay, Rhode Ifland, and Pro- 
 vidence Plantations, Connetlicut, New 
 York, New Jerfey, Pennfylvania, Dela- 
 ware, Maryland, Virginia, North Carolina 
 South Carolina, and Georgia, to be free, 
 fovereign, and independant ftates ; that he 
 treats with them as fuch ; and for himfelf, 
 his heirs and fuccefors, relinquifhes all claim 
 to the government, propriety, and territo- 
 rial rights of the fame, and every part there- 
 of. 
 
 ARTICLE 
 
 II. 
 
 And that all difputes which might arife 
 in future on the fubjeft of the boundaries 
 of the faid United-States may be prevented 
 it is hereby agreed and declared, that the 
 following are and fliall be their boundaries 
 viz : from the north-weft angle of Nova 
 Scotia, viz : that angle which is formed by 
 a line due north, from the fource of Saint 
 Croix river to the Highlands, along the faid 
 Highlands which divide thofe rivers that 
 empty themfelvcs into the river St. Law- 
 rence, 
 
 
^lLJlifc^_ 
 
 : 
 
 ( 219 ) 
 
 rence, from thofe which fall into the Atlantic 
 Ocean to the north-wefternmoft head of 
 Connefticut river; thence down along the 
 m'ddle of that river to the forty-fifth degree 
 of north latitude ; from thence by a line 
 due weft on faid latitude until it ftrikes the 
 river Iroquois, or Cateraquy; thence a- 
 long the middle of the faid river into lake 
 Ontario ; through the middle of faid laka 
 until it ftrikes the communication by water 
 between that lake and lake Erie ; thence 
 along the middle of faid communication in- 
 to lake Erie ; through the middle of faid 
 lake, until it arrives at the water commu- 
 nication between that lake and lake Huron ; 
 thence along the middle of faid water com- 
 munication into the lake Huron ; thence 
 through the middle of faid lake to the wa- 
 ter communication between that lake and 
 lake Superior ; thence through lake Superior 
 northward of the Ifles Royal and Phelipeux, 
 to the Long lake ; thence through the mid- 
 dle of faid Long Lake, and the water com- 
 munication between it and the Lake of the 
 Woods, to the faid Lake of the Woods ; 
 thence through the faid lake to the moft 
 north-weftern point thereof, and from 
 thenc on a due weft courfe to the river 
 Mifliftippi ; thence by a line to be drawn 
 along the middle of the faid river Miffiflip- 
 
 Ff2 1^ 
 
 A 
 
 iTiH 
 
 i 
 
 
f'- 
 
 ,^j. 
 
 ( 22b ) 
 
 pi, until it fhall interfea the northernmoft 
 part of the thirty-firft degree of north lati- 
 tude.— South, by a line to be drawn due 
 call from the determination of the line laft 
 mentioned, in the latitude of thirty-one de- 
 grees north of the equator, to the middle; 
 of the river Apalachicola or Catahouche ; 
 thence along the middle thereof to its junc- 
 tion with the Flint river ; thence ftrait to 
 the head of St. Mary's river, and thence 
 down along the middle of St. Mary's river 
 to the Atlantic Ocean.— Eaft, by a line to 
 be drawn along the middle of the river St. 
 Croix, from its mouth in the bay of Fundy 
 to its fource ; and from its fource direaiy 
 north to the aforcfaid Highlands, which di- 
 vide the rivers that full into the Atlantic 
 Ocean from thofe which fall into the river 
 St. Lawrence: comprehending all iflands 
 within twenty leagues of any part of the 
 fliores of the United-States, and lying be- 
 tween lines to be drawn due eaft from the 
 points where the aforcfaid boundaries be- 
 tween Nova Scotia on the otje part, and 
 Eaft Florida on the other, fliall refpeaively 
 touch the bay of Fundy, and the Atlantic 
 Ocean ; excepting fuch iflands as now are, 
 or heretofore have been, within the limiu 
 of the faid provmce of Nova Scotia, 
 
 ) 
 
 AR T I- 
 
 ^:,*P^ 
 
^ 
 
 ( 221 ) 
 
 ARTICLE 
 
 III. 
 
 It is agreed, that the people of the United- Rights of the 
 States fhall continue to enjoy unmolefted, t^SolTe 
 the right to take fifli of every kind on the Si^L^&t 
 grand bank, and on all the other banks 
 of Newfoundland : alfo in the gulph of 
 Saint Lawrence, and at all other places in 
 the fea where the inhabitants of both coun- 
 tries ufed at any time heretofore to fifli. 
 And alfo, that the inhabitants of the United- 
 States fhall have liberty to take fifh of every 
 kind on fuch part of the coaft of Newfound- 
 land, as Britifh fifliermen fhall ufe, (but not 
 to dry or cure the fame on that ifland) and 
 alfo on the coafls, bays and creeks of all 
 other of his Britannic Majefty's dominions 
 in America ; and that the American fifher- 
 men fhall have liberty to dry and cure fifh 
 in any of the unfcttled bays, harbours, and 
 creeks of Nova Scotia, Magdalen iflands, 
 and Labrador, fo long as the fame fhall 
 remain unfettlcd ; but fo foon as the fame, 
 or either of them, fliall be fettled, it fliall 
 not be lawful for the faid lifliermen to dry 
 or cure fifli at fuch fetdement, ^vithout a 
 previous agreement for that purpofe with 
 the inhabitants, proprietors, or pofTeffors 
 of the ground. 
 
 A R T I- 
 
 
:ii.A^. 
 
 It 
 \ 
 
 ( 222 } 
 
 ARTICLE 
 
 IV. 
 
 Recovery of 
 Debts. 
 
 'i 
 
 It is agreed, that creditors on either fide 
 fhall meet with no lawful impediment to the 
 recovery of the full value in fterling money 
 of all bona fide debts heretofore contrafled. 
 
 ARTICLE 
 
 V. 
 
 Rwmmenda- 
 tion ot con- 
 grels towards 
 
 It is agreed, that the congrefs fhall ear- 
 
 ^..._ „._ neft'y recommend it to the legiflatures of the 
 
 ^ou'o^S^A refpeaive flates, to provide for the reftitu- 
 .ft«ie., &c. jJQ,-, Qf ^ij efi^^es^ rigi^tj,^ g^^i properties 
 
 which have been confifcatcd, belonging to 
 real Britifli fubjeBs : and alfo of the eftates 
 rights, and properties of perfons refident in 
 diftrids in the pofTefTion of his Majefty's 
 arms, and who have not borne arms againfl 
 the faid United-States: and that perfons of 
 any other defcription fliall have free liberty 
 to go to any part or parts of any of the 
 thirteen United-States, and therein to re- 
 main twelve months unmoleftcd in their 
 endeavours to obtain the reftitution of fuch 
 of their eltates, rights, and properties as 
 may have been confifcated : and that con- 
 grefs fliall alfb earneflly recommend to the 
 feveral flates, a reconfideration and revifion 
 of ads or laws pcrfedly confillent, not only 
 
 with- 
 
( 223 ) 
 
 with juftxe and equity, but with that fpirit 
 of conciliation, which, on the return of the 
 bleffings of peace, fhould univerfally prevail. 
 And that congrefs fhal! alfo earneflly re- 
 commend to the feveral ftates that the 
 eftates, rights, and properties of fuch laft 
 mentioned perfons fiiall be reftored to them, 
 they refunding to anv perfons who may be 
 now in poffefTion the bonajide price (where 
 any has been given) which fuch perfong 
 may have paid on purchafing any of the 
 faid lands, rights, or properties fmce the 
 confifcation. 
 
 And it is agreed, That all perfons who 
 have any interefl in confifcated lands, either 
 by debts, marriage, fetdcmcnts, or other- 
 wife, fhall meet with no lawful impediment 
 iji the profecution of their juft rights, 
 
 A R T I i"^ L E VI." 
 
 That there fhail be no future confifca- ^, , 
 
 No future con- 
 
 tionsmade, nor any profecution commenced ^''^^ionsi <S'c. 
 againft any perfon or perfons, for or by 
 reafon of the part which he or they may 
 have taken in the prefcnt war ; and that no 
 perfon fhall, on that account, fuffer any 
 future lofs or damage, either in his perfon, 
 liberty or property; and that thofe who 
 
 may 
 
» 
 
 \i 
 
 ( 224 ) 
 
 may be in confinement on fuch charges, at 
 the time of the ratification of the treaty in 
 America, fhall be immediately fet at liberty, 
 and the profecutions fo commenced be dif- 
 continued. 
 
 ARTICLE VII. 
 
 ; 1 
 
 'if 
 
 Peace and refli- 
 tution, &c. 
 
 There fliall be a firm and perpetual 
 peace bc'ween his Britannic Majefty and 
 the faid flates, and between the fubjefts of 
 the one, and the citizens of the other, 
 wherefore all hoftilities, both by fea and 
 land, fhall from henceforth ceafe ; all pri- 
 foners on both fides fhall be fet at liberty, 
 and his Britannic Majefty fliall, with all 
 convenient fpecd, and without caufing any 
 deftruftion, or carrying away any negroes, 
 or other property of the American inha- 
 bitants, withdraw all his armies, garrifons, 
 and fleets from tbe faid United-States, and 
 from every port, place, and harbour within 
 the fame; leaving in all fortifications the 
 American artillery that may be therein : 
 And fiia'.l alfo order, and caqfe all archives, 
 records, deeds and papers belonging to 
 any of the faid ilates, or their citizens, 
 which in tliC courfe of the war may have 
 fallen into the hands of his officers, to be 
 
 forthwith 
 
( «25 ) 
 
 forthwith reflored and delivered to the pro- 
 per dates and perfons to whom they belong. 
 
 ARTICLE VIIL 
 
 The navigation of the river MiHiHippi^ otthcMmiinp- 
 from its fource to the ocean, fhall for ever ^'' 
 remain free and open to the fubjefts of 
 Great-Britain, and the citizens of the 
 United-States. 
 
 ARTICLE IX, 
 
 In cafe it fhould fo happen that any place in mfc of con- 
 
 . , <]iiclt before 
 
 or territory belonging to Great ,ntain, or tiienrivaiof 
 to the United-States, fhould have been con- '"'^""^i. 
 quered bythe arms of either, from the other 
 before the arrival of the faid provifional 
 articles in America, it is agreed that the 
 fame fliall be reftored without difHcuIty, 
 »nd without requiring any corapenfation. 
 
 ARTICLE X. 
 
 The fblemn ratification of the prefent Ratification, 
 treaty, expedited in good and due form, 
 fliall be exchanged between the contrading 
 parties in the fpace of fix months, or fooner, 
 if pofTible, to be computed from the day of , 
 the fignature of the prefent treaty. 
 
 P g In 
 
 %m 
 
( 2C6 ) 
 
 In wltneTs whereof, we, the underfigned, 
 their minifters plenipotentiary, have in 
 their name, and in virtue of our full powers, 
 figned with our hands the prefent definitive 
 treaty, and caufed the feals of our arms to 
 be affixed thereto. 
 
 Done at Paris, this third day of Septem- 
 ber, in the year of our Lord, one thoufand 
 feven hundred and eighty-three. 
 
 (L. S.) John Adams, 
 (L. S.)D. Hartley. (L.S.)B. Franklin, 
 
 (L.S.) John Jay. 
 
 LeginatiTc That the treaty of peace has been vio- 
 
 lt]lZclL lated in repeated inftances on the part of 
 public fpirit. ^^^ United-States, cannot be denied ; at the 
 fame time it is but bare juftice to fay, that 
 many of their later legijlative acts are found- 
 ed in juftice and public fpirit. 
 
 It is vifible in the repeal of thofe laws 
 that violated the treaty. 
 
 In their confent to the payment of pub- 
 lic and private debts. 
 
 In 
 
i i 
 
 ( 227 ) 
 
 In their confent to have but one common 
 ruler relative to their interior commerce, 
 and to reform the abufes that have crept into 
 the feudeal lyftem. 
 
 In their religious regulations, by which a 
 civil and religious toleration is every where 
 eftabliC.ed. 
 
 In their laws which fanBion the efta- 
 bliflimcnt of houfes of education, and every 
 thing that can contribute to the aggrandife- 
 ment and convenience of commerce ; and 
 above all in their liberation of flaves *. ' 
 
 ♦ All the ftatcs have paffed laws againft flavery. 
 
 m\ 
 
 Cg2 
 
 CHAP, 
 
 ^ & 
 
 f ta J n i s -i : 
 
( »- ) 
 
 CHAP. XII. 
 
 Defcrnts aiiU 
 dower. 
 
 114 
 
 An Ordinance for the Government of 
 the Territory of the United-States y 
 North'WeJl of the River Ohio, 
 
 BE it ordained by the United-States in 
 congrefs affe ^led, that the faid ter- 
 ritory, for the purpofe of temporary go- 
 vernment, be one diftrift; fubjeft, how* 
 ever, to be divided into two diftri£ls, as 
 future circumftances, may, in the opinion 
 of congrefs, make it expedient. 
 
 Be it ordained by the authority aforefaid, 
 that the eftates of refidciitand non-refidcnt 
 proprietors \a the faid territory, dying in- 
 tedate, fliaU dcfcend to, and be dillributed 
 among their children; and the dcfcendants 
 of a deccafcd child or grand-child, to take 
 the fhare of thei deceafcd parent in equal 
 parts among them ; and where there (hall 
 he no children or defcendants, then in equal 
 parts to the next of kin, in equal degree: 
 and among collaterals, the children of a 
 deceafed brother or filter of the intcftate, 
 Ihall have in equal parts among them their 
 
 deceafed 
 
 * 
 
^aI 
 
 1^ 
 
 ( 229 ) 
 
 dcceafed parents fhare ; and there fliall in 
 no cafe be a diftinftion between kindred of 
 the ^vhole and half-blood, faving in all cafes 
 to widow of the inteftate her third part 
 of je real eftate for life, and one-third 
 part of the perfonal eftate ; and this law re- 
 lative to defcents and dower, fhall remain 
 in full power until altered by the legifla- 
 turc of the diftri6l ; and until the governor 
 and judges fhall adopt laws as herein after 
 mentioned. Eftates in the faid territoiy 
 may be devifed or bequeathed by wills in J[j"'£'°*!?'^' 
 writing, figned and fealed by him, or her, property. 
 in whom the eftate may be, (being of 
 full age,) and attefted by three witnefles ; 
 and real eftates may be conveyed by leafe 
 and relcafe, or bargain and fale, figned 
 fealed, and delivered by the perfon being 
 of full age in whom the eftate may be, and 
 attefted by two witnefTes, provided fuch 
 wills be duly proved, and fuch conveyances 
 be acknowledged, or the execution thereof 
 duly proved, and be recorded within one 
 year after; proper magiftrates, courts, and 
 regifters fliall be appointed for that purpofe. 
 And perfonalproperty may be transferred by 
 delivery, faving, however, to the French and 
 Canadian inhabitants, and other fettlers of 
 the Kakafkies, St. Vinrents and the neigh- 
 bouring villages, who have heretofore pro- 
 
 fefled 
 
 I 
 
 itt 
 
 ■ 1.1 
 
■ lllifaiTilW 
 
 rwVCi 
 
 
 IT'M 
 
 Secretary. 
 
 ( 230 ) 
 
 felTcd themfelves citizens of Virginia, their 
 laws and cuftoms now in force amongft 
 them relative to the defcent and convey- 
 ance of property. ^ 
 
 Be it ordained by the authority aforefaid, 
 that there fliall be appointed, from time to 
 time, by congrefs, a governor whofe com- 
 miflion fliall continue in force for the term 
 of diree years, unlefs fooner revoked by 
 congrefs, . 
 
 He fliall refide in the diftrid and have 
 a freehold eflate therein, in one thoufand 
 acres of land, \vhile in the exercife of his 
 
 office. • , 
 
 There fliall be appointed, from time to 
 time, by congrefs, a fccretary whofe com- 
 miflion fliall continue for four years, unlefs 
 fconer revoked. He fliiU refide in the 
 diftria and have a freehold e[l.ate therein 
 of Ave hundred acres of land, while in the 
 exercife of his olFice. It fliall be his duty 
 to keep and preferve the a6ls and laws 
 pafied by the legiflature, and the public laws 
 of the dilhi6\, and the proceedings of the 
 governor in his executive department; and 
 iranfniit authentic copies of fuch acts and 
 proceedings every fix months to the fecre- 
 
 tary 
 
 ■^ f 
 
 
( 231 ) 
 
 tary of congrefs. There fliall alfo be ap- Court^fjufticc, 
 
 pointed a court to confift of three judge , 
 
 any two of whom to form a court, who. 
 
 fliall have a common law jurifdiftion and 
 
 refide in the diftrift, and have each therein 
 
 a freehold eftate of five hundred acres of 
 
 land while in the exercife of their office ; 
 
 and their commiffions fhall continue in 
 
 force during good behaviour. 
 
 The governor and judges, or a majority Publication of 
 of them, fliall adopt and publifti in the ^'^'' '^'• 
 diftrift fuch laws of the original ftates 
 criminal and civil as may be necefTary and 
 beft fuited to the circumftances of the 
 diftrift, and report them to congrefs from 
 time to time ; which laws fhall be in force 
 in the di{lri6l until the organiz?ition of the 
 general aflembly therein, unlefs difapproved 
 by congrefs ; but afte/wards the legiflature 
 fliall have authority to alter them as they 
 fliall think fit. 
 
 The governor for the time being fliall be Governor, &c. 
 commander in chief of the militia, appoint 
 and commiffion all officers in the fame be- 
 low the rank of general officers; all gene- 
 ral officers (hall he appointed and commif- 
 fioned by congrefs. 
 
 Previous 
 
 M 
 
 M'.J^^^^^^wi'r 
 
tiilWirilii lliniii Ill* »i ill';"' 
 
 Miigiftratetf 
 
 i^aws, fyc. 
 
 Rcprcfpnta- 
 
 ( «32 ) 
 Previous to the organization of the ge- 
 neral affembly, the governor Ihall appoint 
 fuch magiftrates and other civil officers, in 
 each county or townfhip as he fhall find 
 necelFary for the prefervation of the peace 
 and good order in the fame. After the 
 general affembly fhall be organized, the 
 powers and duties of magiflrates and other 
 civil officers fliall be regulated and defined 
 by the faid affembly; but all magiftrates 
 and other civil officers, not herein other- 
 wife direaed, fhall, during the continuance 
 of this temporary government, be appointed 
 by the governor. 
 
 For the prevention of crimes and in- 
 juries the laws to be adopted or made, fliall 
 have force in all parts of the dillrias, and 
 for the execution of procefs, criminal and 
 civil, the governor fhall make proper divifi- 
 ons thereof; and he fhall proceed, from time 
 to time, as circumftances may require, to 
 lay out the parts of the dillriain which the 
 Indian titles fliall have been extinguifhed, 
 into counties and townfliips, fubjea, how^ 
 ever, to fuch alterations as may hereafter 
 be made by the legiflature. 
 
 So foon as there fliall be five thoufand, 
 
 free male inhabitants, of full age, in the 
 
 diftiia 
 
 ^4' 
 
 
 '■3**-, 
 
^ 
 
 ( 233 ) 
 
 diftrift, upon giving proof thereof to the 
 governor, they fhall receive authority, with 
 time and place, to eleQ reprefentatives 
 from their counties or townihips, to rc- 
 prefent them in the general affembly, pro- 
 vided that for every five hundred free male 
 inhabitants there fhall be one reprefenta- 
 tive; and fo on progrefTively, with the 
 number of free male inhabitants, fhall the 
 right of reprefentation increafe, until the 
 number of reprefentatives fhall amount to 
 twenty-five, after which the number and 
 proportion of reprefentatives, fliall be re- 
 gulated by the legiflature ; provided that 
 no perfon be eligible or qualified to aB: as 
 a reprefentative, unlefs he fhall have been 
 a citizen of one of the United-States three 
 years, and be a refident in the diftrift, or 
 unlefs he fhall have rcfided in the diftriB: 
 three years; and in either cafe fhall likewife 
 hold in his' own right, in fee fimple, tv/o 
 hundred acres of land within the fame : 
 provided alfo, that a freehold in fifty acres 
 of land, in the diltricl, having been a citi- 
 zen of one of the United-States, and being 
 refident in the diftrid , or the like freeholds 
 and two years refident in the dillrift, fliall 
 be neceffary to qualify a man as an elector 
 of a reprefentative. 
 
 Hb 
 
 Th« 
 
 ■-"-—- —'■*-• :^M 
 
 i»nr> 
 
 »??? 
 
( 234 ) 
 The reprefentatives thus eleded, Ihall 
 fcrve for the term of two years, and in 
 cafe of the death of a reprefentative, or 
 removal from office, the governor fhall 
 ifllie a writ to the county or lownfliip 
 for which he was a member, to ele6l 
 anoilier in his Itead, to ferve for the re- 
 fiduc of the term. 
 
 The general affembly or legiflature, fliall 
 confift of the governor, legiflative council, 
 and a houfe of reprefentatives, tlie legifl.v 
 live council fhall confift of five members, 
 to continue in office for five years, unlefs 
 fooner removed by congrefs, any three of 
 whom to be a quorum ; and the members of 
 the council fhall be nominated and appointed 
 in the following manner, to wit, as foon as 
 reprefentatives fhall be elefted, the governor 
 fhall appoint a time and place for them to 
 meet together, and when met they fhall no- 
 minate ten perfons rcfident in the diftritt, 
 and each polfeffcd of a freehold in five hun- 
 dred acres of land, and return their name 
 to the congrefs ; five of whom congrefs fliall 
 appoint and commiifion to ferve as afore- 
 iaid ; and whenever a vacancy fhall happen 
 in the council, by death or removal from 
 olfice, the houfe of reprefentatives fhall no- 
 minate two perfons, qualified as aforefaid, for 
 
 each 
 
 i t.» 
 
1? 
 
 i! t.» 
 
 ( 235 ) 
 
 each vacancy, and returns their names tocon- 
 grefs, one of whom congrefs fliall appoint, 
 and commifiion for the refidue of the term ; 
 and every five years, four months at leaft be- 
 fore the expiration of the time of fervice of 
 the members of council, the faid houfe fliall 
 nominate ten perfons qualified as aforefaid, 
 and return their names to congrefs, five of 
 whom congrefs fhall appoiat and commif- 
 fion to ferve as members of council for five 
 yr>ars, unlefs fooner removed. And the 
 governor, legiflative council, and houfe of 
 rcprefentalives fhall have authority to make 
 laws in all cafes for the good government 
 of the diftrift, not repugnant to the princi- 
 ples and articles i n this ordinance eftablifh- 
 ed and declared ; and all bills having paffed 
 by a majority in the houfe, ana by a ma- 
 jority in the council, fhall be referred to 
 the governor for his affent ; but no bill or 
 legiflative act fhall be of any force without 
 his afient; the governor fhall have power 
 to convene, prorogue, and dilfolvc the ge- 
 jieral alTembly when in his opinion it fliall 
 be expedient. 
 
 The governor, judges, legiflative council, 
 fecretary, and fuch other officers as the 
 congrefs fliall appoint in the diftri(t, fliall 
 take an oath or affirmation of fidelity, and of 
 
 H h 2 olficc, 
 
 "'Haplpi 
 
 ••m.Mt.- '■""■ ■! " 
 
 < *"^ tl i . » 
 
" ■H , ^ !" "I: ,.11 1 11 1 
 
 Members of 
 congrefi. 
 
 ?1 
 
 ( ^ZG ) 
 office, the governor before the prefideiit 
 of congrefs, and all other officers before 
 the governor, as foon as a legifialure ffiall 
 be formed in the diftrift, the council and 
 houfe, afiembled in one room, ihall have 
 authority by joint ballot to feleft a delegate 
 to congrefs, who ffiall have a feat in con- 
 grefs, with a right of debating, but not of 
 voting during this temporary government. 
 
 And for the extending the fundamental 
 principles of civil and religious liberty 
 which form the bafis whereon thefe repub- 
 lics, their laws and conllitutions are ereQ- 
 ed ; to fix and cftabliffi thofe principles as 
 the bafis of all laws, conftitutions, and go^ 
 vernments, which for ever hereafter ffiall 
 be formed in the faid territory. To pro- 
 vide alfo for the cUablifliment of ftates and 
 permanent government therein, and for 
 their admiffion to ffiare in the federal coun- 
 fels on an equal footing with the original 
 flates, at as early periods as may be con- 
 fident with the general intereft. 
 
 , 
 
 rl 
 
 It is hereby ordained and declared, by 
 the authority aforefaid, that the following 
 articles ffiall be confidercd as articles of 
 compaft between the original ftates, and the 
 people and ftates in the faid territory, and 
 
 for 
 
( 237 ) 
 for ever remain unalterable unlefs by com- 
 mon confent, to wit : 
 
 fT 
 
 . ARTICLE 
 
 I. 
 
 \l 
 
 \ 
 
 No perfon demeaning himfelf in a peace- Articles of 
 
 1 compadt, &C. 
 
 able and orderly manner, ihall ever be 
 molefted on account of his mode of wor- 
 ftiip or religious fentiments in the faid ter- 
 ritory. 
 
 ARTICLE 
 
 II. 
 
 The inhabitants of the faid territory 
 fhall be always entitled to the benefits of « 
 the writ of Habeas Corpus, and of the trial 
 by jury ; of a proporuonate reprcfentation 
 of the people in the legiflature, and of 
 judicial proceedings according to the courfe 
 of the common law. All perfons ihall be 
 bailable unlefs for capital offences, where 
 the proof fliall be evident, or the prefump- 
 tion great. All fines fliall be moderate, 
 and no cruel or unufual punifliments fhall 
 be inllifted. No man fliall be deprived of 
 his Imerty or his property but by the judg- 
 ment of his peers, or of the law of the land : 
 And fliould the public exigencies make it 
 necelfary for the common prelervation to 
 take any per ions property, or demand his 
 
 particular 
 
 <l 
 
 I 
 m 
 
 A'' 
 i 
 
 
«*~« ■ »l.. I III ■ II.-JIWJ 
 
 4 
 
 \< 
 
 'i 
 
 ( 238 ) 
 particular fervices full compenfation (hall be 
 made for the fame ; and in the juft pvefer- 
 vation of rights and property, it is under- 
 ftood and declared, that no law ought ever 
 to be made, or have force in the faid terri- 
 tory, that fhall in any manner whatever m- 
 terfere with, or aflcd private contraBs or 
 engagements bona fide, and without fraud, 
 previouQy formed. 
 
 ARTICLE III. 
 
 Religion, morality, and knowledge, be- 
 ing necelfary to good government and the 
 happinefs of mankind, fchools. and the 
 means of education fliall for ever be en- 
 couraged. The ulmoft good faith fliall 
 always be obferved towards the Indians. 
 Their lands and jyroperty fliall never be 
 taken from them widiout their confent ; 
 and in their property, rights, and liberty 
 they never fiiall be invaded or dillarbed. 
 unlefs in jult and lawful wars authorized by 
 congrefsf But laws founded in jullice and 
 hum'anity, from time to time, be made for 
 preventing wrongs being done to them, 
 and for prcferving peace and fricndflnp 
 with them. 
 
 ARTI^ 
 
 -^^^^ii^' 
 
{ S39 ) 
 
 ARTICLE 
 
 IV. 
 
 The raid territory and tlie ttates which 
 „av be found therein, Ihall for ever re- 
 main a part of this confederacy of the 
 United-States of America, fubjea to the 
 articles of confederation, and to fuch alter- 
 ations therein as fiiall be conftim.onally 
 „ade:andtoalUheaasandord,nancesof 
 
 the United-States in congrefs alfembled 
 conformable thereto, -he f f ■'^"'^'"J 
 fettlers in the faid territory Otall be fubjea 
 to pay a part of the federal debts contraa- 
 
 cd or to be contraaed, and a proportiona- 
 ble part of the expences of government to 
 be apportioned on them by eongrefs, ac- 
 cording to the fame common rule and 
 mcafure by which apportionments thereo 
 Mbemade on th. other dates; and the 
 
 taxes for paying their P-P-"°"' JJ^'^^';. 
 laid and levied by the authority a d d^rec 
 ■ion of the leginature of the diftna. or 
 », or new «ates, as in the ongma 
 ftates, within the time agreed upon by the 
 
 United-Statesincongrefs alfembled. The 
 leginatures of thofe diariBs, or new ftates 
 Si never interfere with the primary d.f- 
 potl o tbe foil by the United-States in 
 Tongvefs affcmbled, nor with any Kgula- 
 

 
 ■ f 
 
 
 ( 240 ) 
 
 tions congrefs may find necefTary for fc- 
 curing the title in fuch foil to the bonajide 
 purcliafbrs. No tax fliall be impofed on 
 lands the property of the United-States; 
 and in no cafe fliail non-refident proprietors 
 be taxed higher than refidcnts. The na- 
 vigable waters leading into the MifTifTippi 
 and St. Lawrence, and the carrying places 
 between the fame fhail bo common high- 
 ways, and for ever free, as well to the in- 
 habitants of the faid territo-y as to the ci- 
 tizens of the United-States, and ihofc of 
 any other Hates that may be admitted into 
 confederacy, without any tax, impoft, or 
 duty therefore. , 
 
 ARTICLE 
 
 V. 
 
 There fhall be formed in the faid terri- 
 tory, not Icfs than three, nor more than 
 five nates ; and the boundaries of the 
 flatec as fbon as Virginia fliall alter her ad 
 of ceffion and confcnt to the fame, fliall 
 become fixed and cflabliflied, as follow, to 
 wit : The wcflern flatc in the faid terri- 
 tory, fli.-ll be bounded by the Mifliflippi, 
 the Ohio, and Wabafli rivers; a dirca line 
 drawn from the Wabafli and Pofl Vincents, 
 due north to the territorial line between 
 the Uniied-Statcs and Canada, and by the 
 
 faid 
 
 ^ 
 
 ) I 
 < i I 
 
( 245 ) 
 faid territorial line to the Lake of the 
 Woods and MifiTiflTippi. The middle ftate 
 fhall be bounded by the laid direft line, 
 the Wabalh, from Port St. Vincent's to the 
 Ohio ; by the Ohio, by a direB line drawn 
 due north, from the mouth of the great 
 Miami to the faid territorial line, and by 
 the faid territorial line, the eaftern (late 
 fhall be bounded by the lall mentioned 
 dire6l line, the Ohio, Pennfylvania, and 
 the faid territorial line: Provided, how- 
 ever, and it is further underftood and 
 declared, that the boundaries of thefe 
 three Rates fhall be fubjeft fo far to 
 be altered, that if congrefs fhall hereafter 
 find it expedient, they Hull have authority 
 to form one or two dates in that part of the 
 faid territory, which lies north of an eall 
 and well line drawn through the foutherly 
 bend or extreme of Lake Michigan : And 
 whenever any of the faid ftates fliall have 
 fixty thoufand free inhabitants therein, 
 fuch ftate fhall be admitted by its delegates 
 into the congrefs of the United-States, on 
 an equal footing with the original ftates, in 
 all refpefts whatever ; and fhall be at liberty 
 to Form a permanent conftitution and ftate 
 government, provided the conftitution and 
 government fo to be formed, fhall be re- 
 publican, and in conformity to the princi- 
 
 I i pics 
 
( m6 ) 
 pics contained in thefc articles; and fo far 
 as it can be confiftent with the general in- 
 tereft of the confederacy, fuch admiflion 
 fliall be allowed at an earlier period, 
 and when there may be a lefs number of 
 free inhabitants in the ftate than fixty thou- 
 fand. « 
 
 r 
 
 affei 
 the 
 
 hun 
 fovt 
 
 ARTICLE VI. 
 
 There fhall be neither flavery nor invo- 
 luntary fervitude in the faid territory 
 othcrwife thnn in the punifhment of crimes, 
 whereof the party fhall be duly convicted: 
 Provided always that any pcrfon efcaping 
 into the fame, from whom labour or fervice 
 is lawfully claimed in any of the original 
 ftates, fuch fugiiive may be lawfully re- 
 claimed and conveyed to the perfon claim- 
 ing his or her labour or fervice as afore, 
 faid. 
 
 Be it orda'ned by the authority afore- 
 faid, that the rcfblutions of the twenty' 
 third of April, one thoiifand feven hun- 
 dred and eighty-four, relative to the fub- 
 je6l of this ordinance, be, and the fame 
 are hereby repealed und declared, null and 
 void, 
 
 * Done 
 
 "'*-*~- itfUfKitett^'' 
 
( 247 ) 
 Done by the United-States in rongrefs 
 afTembled, the thirteenth day of July, in 
 the ycpr of our Lord, one thonfand fcven 
 hundred and eighty-feven ; and of their 
 fovereignty and independence the twelfth. 
 
 I 
 I' 
 
 li 2 
 
 CHAP. 
 
 i 
 
 I 
 
 i 
 
I ii "W i | i ( i ni|| 
 
 
 it- 
 
 ( 244 ) 
 
 C H A P. XIII. 
 
 AttornieSf Barriflers, &c, 
 
 ^ I ^HE mode of application for admifJion 
 -*- as an auorney or barrifter in any of 
 the Provinces is to the Attorney-general, 
 to whom it is neceflary to produce a certi- 
 ficate of qualification which muft be an 
 admiflion in fome of our courts as an at- 
 torney or barrifter. 
 
 In the United-States the application 
 is made to the Chief juftice at his chambers 
 in vacation, or to the bench of judges in 
 term time, on motion by counfel. In fomc 
 of the ftatcs application muft be made to the 
 legiflature, the mode of admiftion is in fome 
 inftanccs regulated by att of aifembly, in. 
 others by rule of court. 
 
 The rcquifite qualifications are, admiflTion 
 as an attorney or barrifter in fome part of 
 the Britifli dominions, or at Icaft a certifi- 
 cate of three years fcrvice under fome 
 gentlcnian of the profeftion, or a degree of 
 ^ do8()r of laws taken in Come one of the 
 iiritifli univerfities; competent legal know- 
 ledge 
 
 led 
 
 I 
 
 tior 
 ous 
 the 
 *re 
 
 abc 
 as i 
 pie 
 
 per 
 fcv 
 
 (^ 
 
( 249 ) 
 
 ledge muft alfo be certified on examina- 
 tion. In mod of the flates two years previ- 
 ous refidence is alfo neceffary. To which 
 the ftates of Virginia and New-Hampfliire 
 *re the only exceptions. 
 
 The fees on admiflion are on an average 
 ahont five guineas. In M^fTachufetts they are 
 as follows : — An attornery of the common- 
 pleas Jtx pounds; of the fuperior court nine 
 pounds, and a barrifter twelve pounds. One 
 perfon may praftice in all on taking out the 
 fcveral licences. 
 
 ^- 
 
 A LIST 
 
 i 
 
gjiTMBii ii>i«— <w»ipwi ■mmrnaJiii 
 
 ( 250 ) 
 
 LIST 
 
 O F T H E 
 
 PRINCIPAL LAWYERS 
 
 I N T II E 
 
 BRITISH PROVINCES, &c. 
 
 AND IN T H S 
 
 UNITED- STATES*. 
 
 QUEBEC t. 
 
 < I 
 
 lUif^ 
 
 TX7ILLIAM Smith*, Efq. chief juftice. 
 
 ^ John Frazer, and ) 
 Edward Southhoufe, Efq. \ ^' J"^S^^' 
 James Monk, Efq. attorney-general. 
 J. Potts, Efq. judge of the admiralty. 
 
 * Names marked with a (lar are con(id(;rcd as paiticuiaily 
 eminent. • 
 
 + There area great many other attomies both in qukbko 
 aud MUNT*K*AL, but in no uihcr town of the l>ruvincc. 
 
 f$ 
 
 NEW' 
 
( 25' ) 
 
 NEWFOUNDLAND. 
 
 Nicholas Gill, Efq. judge of the vice-ad- 
 miralty court. 
 
 NEW BRUNSWICK. 
 
 George Duncan Ludlow, Efq. chief juftice. 
 Jonathan Blifs, Efq. attorney-general. 
 ■■ Chapman, Efq. foUicitor-general. 
 
 Putnem, Allen, and Upham, Efquires. 
 P. judges. 
 Attornies ") 
 
 refident at C ^^'^>^' ^'^y^ ^''''^"' 
 
 o, ^ , , C Clewett. 
 
 o^. Johns J 
 
 Shelbournef . Campbell. 
 
 NOVA SCOTIA. 
 
 1 
 
 ^^1 
 
 ft 
 
 G. Pemberton *, Efq. chief juftxe, 
 Ifaac Defcampes i 
 
 Jas.Bumon, \ Efqrs. P. judges. 
 
 S. S. Bowers, Efq. attorney-general. 
 
 R. J. Uniache, Efq. follicitor and advocate 
 
 general. 
 J. Sewell, Efq. judge of the vice-admiralty 
 
 and court of appeals. 
 R. Bulkeley, Efq. afliftant judge of the 
 
 vice- 
 
.'« ! 
 
 ST. John's, in the gulph or st. 
 
 LAWRENCE. 
 
 Peter Stuart, Efq. diief juaice. 
 Philip Calbeck, E^ii. attorney-general. 
 
 CAPE JRRETON, 
 
 R. Gibbons, Efq. chief juttice. 
 
 D. Matthews, Kfq. aUornc)-gcncraI. 
 
 JAMAICA *. 
 
 fl 
 
 ( «5« ) 
 vice-admiralty court, and judge of the 
 court of Efcheats. 
 
 IIAMFAX. 
 
 A«on,i« ,*c. Sterne— Taylor— and Aplin. 
 
 WINDSOR. 
 
 Monk. 
 
 (I, 
 
 \ 
 
 w 
 
 . Grant, Efq. chief jufticc. 
 
 Robert Sevvell, Efq. attorney-general. 
 Edward Long, Efq. judge of the vice-ad- 
 niiralty court. 
 
 Coun/el. Brown—Baker— Jackfon, Sec. 
 
 * The number uf atiornics in thi., .na„d .. about fcventv, 
 and there are commonly twelve or fourteen barriiJcr. who 
 rcfide at bpanjfli Town. 
 
 BAR. 
 
 \i\ 
 
 M 
 
 "^fntgit'- 
 
 *<**»-- ■^.'*t 
 
( 253 ) 
 
 BARBADOES. 
 
 Nathaniel Wicks, Efq. judge of the vice- 
 admiralty tourt. 
 William Moore, Efq. attorney-general. 
 D. Maycock, Efq, follicitor general. 
 
 LEEWARD ISLANDS. 
 
 J.Stanley, Efq. attorney-general, andjuftice 
 
 of the vice-admiralty court. 
 J. Burke *, Efq. foUicitor general. 
 
 ST. CHRISTOPHERS. 
 
 Wm. P. Georges, Efq. chief juftice. 
 
 ANTIGUA. 
 
 Rowland Burton, Efq. chief juRicc. 
 Edward Byam, Efq. juftice of the vice-ad- 
 miraky courf. 
 
 MONT SERttATT. 
 
 Thomas Harum, Efq. chief juftice. 
 
 i' 
 
 K k 
 
 NEVIS. 
 
 'W 
 
 * it.l 
 
( 254 ) 
 
 NEVIS. 
 
 Attf 
 
 John Dafent, Efq. chief juflice. 
 
 VIRGINIA ISLANDS. 
 
 James Rober tfon, Efq. chief juftice. 
 
 GRENADA. 
 
 J. Bridgewater, Efq. chief juftice. 
 A. W. Byam, Efq. attorney-general. 
 K. P. Makenzie, Efq. foUicitor-general. 
 Alexander Simpfon, Efq. judge of the vice- 
 admiralty court. 
 
 «T. VINCENTS, 
 
 .11 
 
 
 Diury Ottley, Efq. chief juftice. 
 Michael Keene, Efq. attorney-general. 
 R. rienville, Efq, follicitor general, 
 
 DOMINICA* 
 
 John Natfon, Efq. chief juftice. 
 Thomas Daniel, Efq. attorney-general. 
 ^ Thomas Yeo, Efq. follicitor general. 
 Alexander Stuart, Efq. juftice of the vicc- 
 admiraliy court. 
 
 BAHAMA 
 
( 255 ) 
 
 BAHAMIA ISLANDS. 
 
 Steph. Delany, Efq. chief juftice. 
 
 Jof. Talkall, Efq. J. of the vice-admiralty 
 
 court. 
 J. R. Wegg, Efq. attorney-general. 
 
 BERMUDAS. * 
 
 And. Cafneau, Efq. J. vice-admiralty court, 
 Daniel Leonard, Efq. chief juftice. 
 J. G. Palmer, Efq. attorney-general. 
 
 NEW SOUTH WALES. 
 
 D, D. Collins, D. J. advocate. 
 
 Kkj! 
 
 THE 
 
 BAHAMA 
 
( 256 ) 
 
 THE UNITED STATES. 
 
 GEORGIA. 
 
 M 
 
 I It 
 
 i 
 
 In Savanah, George Walton ♦, Efq. Bald- 
 vin*, Stephens, Houfton, Pendleton, 
 Jackfon. 
 
 In Augujla, Few, Sullivan, 
 
 SOUTH CAROLINA. 
 
 \ 
 
 Charljloum, Judges, Burke, Pendleton, 
 
 Grimkeej Alexander Moultne, attorney* 
 general ; Pinhney*, Ruttledge *, Holmes, 
 Gibbs, Ninety-fiXy Shaw, &c. 
 
 NORTH CAROLINA. 
 
 Judges, Afhe, Williams> and Spencer. 
 Wilmington, Jones *. Mc'Lean. 
 New Bern, Nafli *. 
 Edcnton, Jerdale, Johnfon. 
 Hilljborough, Alexander Moore, Hooper. 
 Faydte-Villa, Lightfoot and Haye. 
 Halifax^ Martin, &c. 
 
 ViR- 
 
 i 
 
 jwW't 
 
 _;_>i|i.-t^v^ 
 
( *&7 ) 
 
 VIRGINIA. 
 
 Williamfhrgh, Wythe*, Lions. 
 Richmond, Patni*, Henry, Randolph*. 
 Peterjhmgh, G. Baker*. 
 Nor If oik, Robin fon. 
 Portfmoutkt Nevifon. 
 
 MARYLAND. 
 
 Baltimore, L. Martin, Efq. attoriicy-ge* 
 
 neral. 
 Jennings, Stone, Thomas Chafe, 
 
 Edmund Kelley. 
 
 DELAWARE. 
 
 Killin, Efq. chief juaice. 
 
 Counfel, Rede, Vining, Beckford, O'Con- 
 
 ner. 
 
 PENNSYLVANIA. 
 
 Mr. Kean, chief juftice. 
 Bryan and Athe, p. judges. 
 Bradford*, attorney-general. 
 
 
 VlR- 
 
 P H I- 
 
 •'*,- 
 
 -m^' 
 
( 258 ) . 
 
 PHILAPELPHIA, 
 
 Lewis, Wilfon, Dallas, Ingerfolc. 
 Lancafler, Yates and Chambers. 
 York, Hartley, &c, &c. &c. 
 
 NEW JERSEY. 
 
 D. Beafley, Efq. chief juflice. 
 Elizabeth, J. Blarnfield, attorney-general. 
 J'own^ Eiias Bondinott *, 
 
 NEW YORK. 
 
 'is 
 
 \m 
 
 \%' 
 
 i 
 
 R, Morris, Efq. chief juftice. 
 
 C. Livinftone, Efq. chancellor. 
 
 New York, Hamilton *, Bird, Cutting. 
 
 Clover al, J. Bay. 
 
 Hud/on, Gilbert and Spencer. . ' 
 
 Kinder hook, Vanlkirk. 
 
 CONNECTICUT. 
 
 It is faid that there arc three hundred prac- 
 tifing lawyers in this ftate, among the 
 firft names are thofe of, Edwards, Sey- 
 mour, Johnfon and Ghauncey. 
 
 RHODE 
 
( 269 ) 
 
 RHODE ISLAND. 
 
 Morris chief juftice. 
 
 Goodwin, attorney-general. 
 
 Varnumt, &:c. &c. 
 
 In New York, and from thence through all 
 the northern dates lawyers/a^arw. They 
 generate with the penfdity of their own 
 rattlefnakes. 
 
 MASSACHUSETTS. 
 
 William Chuftiing, Efq. chief juftice. 
 
 Paine*, Efq. attorney-general. 
 
 Bopn, Kent, Hitchburne, Lowell, Moulton, 
 
 Tudor, Gardner, Sullivan, Adams. 
 
 Newbury Port, Parfons *. 
 
 Salem, Pyncheon. 
 
 Springfield, Blifs, Northington. 
 Barnjlable, Bourne. 
 
 Lancq/ler, Sprague, 
 
 Sheffield, Shadwiche. 
 
 Northampton, Horley, Shong. 
 
 Worcejier, Lincoln. 
 
 NEW HAMPSHIRE. 
 
 Sullivan, &c. &c. . 
 
 F I N I S. 
 
 ■ $^^'' 
 
I