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 4 
 
 5 
 
 6 
 
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 BRIEF STATEMENT 
 
 OF 
 
 OPINIONS, 
 
 GIVEN IN THE 
 
 BOARD OF COMMISSIONERS, 
 
 wc, c®rr. csTr. 
 
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 BRIEF STATEMENT 
 
 07 
 
 OPINIONS, 
 
 GIVEN IN THB 
 
 BOARD OF COMMISSIONERS, 
 
 UNDER THE SIXTH ARTICLE OF THE TREATY OF AMITV, 
 COMMERCE, AND NAVIGATION, WITH GREAT BRITAIN : 
 
 WITH 
 
 AN APPENDIX, 
 
 CONTAINING 
 
 CERTAIN ARTICLES OF THE TREATIES WITH GREAT- 
 RRITAINj— THE COMMISSIONS UNDER THE SAID SIXTH 
 ARTICLE OF THE TREATY OF AMITY j—AND 
 
 REFERENCES TO 
 
 OPINIONS DELIVERED BY JUDGES 
 
 OF THE SUPREME AND CIRCUIT COURTS OF THE > 
 
 UNITED SrATES: 
 BY ONE OF THE COMMISSIONERS 
 
 UNDER THE SAID SIXTH ARTICLE. 
 
 't 
 
 PHILJDELPHIA: ' • 
 
 Printed by JAMES HUMPHREYS, No. io6, S.>uthSideof Market-Strcet. 
 
 1^00. 
 
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 -rt ■ ' gn '>' g T-^T y iK T ' i. ar iij« ! W ii« iiiW ' w n " w j pi ,i tJiiM)i^giiig 'w:^g l^ii '' i; '' i ' V. 'ygrrTS"^^ — ■ 
 
t 
 
 ADVERTISExMENT. 
 
 
 SO many mdapprehenfions prevail refpcfli„„ 
 he proceedings of the Comm.Uion unde? 
 riie hxth article of the Treaty of Amity wkh 
 G^^eat Britain, that the following biiefftatLent, 
 (m general Without coiTitnentary or defcicc) of 
 the leading points which came under dilbull on 
 and the opinions which were aftualfy aiven cm' 
 not be ufelefs. or improper. It ha^ See ,'l t y 
 drawn ijp by one of the Commiffioners w1k,co,!- 
 curred in thofe opiiiions , and ^vho, for reafons 
 which fome Will underiland, takes this opportu- 
 nity of declaring, that, notwithrtandin^ the in- 
 ducements he may have felt, he lias never pub- 
 Whed, or been pi-ivy to the publication, in this 
 
 wi(e, oi a fingle word on the fubjeft; the detacli- 
 cd minutes occafionally printed bv aoent^ for 
 the information of paLi, and gineraiiy wS 
 the permiffion, or knowledge of the Boaid. on- 
 ly excepted With theconfi-innfnero of; ""q. 
 
 purpole; the concurrence of two other mem- 
 
f'' 
 
 VI 
 
 ADVERTISEMENT. 
 
 k'3 
 
 bers of the ConimiiTion, whole honourable ha- 
 bits of mind he has had fo much occafion to 
 know and to rdpea; the aifui-ance of fublcqucnt 
 rerieaion; and the coincidence, in pruiciple 
 and interpretation, between the opinions ot 
 the Board, or a majority of the Commilhon- 
 ers, as recorded in their Journals, and now a- 
 bridged; andthofe which, fi nee the treaty ot 
 amity, have been folemnly and unanimoufly de- 
 livered, by the learned and refpedable Judges of 
 the United States ; he can feci no other lolicitude, 
 than that which mull arife from the relpedl: he 
 entertains, for many of thofe numerous individu- 
 als in this country, who are laid to think dif- 
 ferently. lo that refpea, which, without 
 
 official impropriety, he may thus take occalion 
 to exprcls, is to be afcribed the publication he 
 now offers. 
 
 f 
 
 Commissioners' Ofiice, 
 
 Puii-ADELraiA, May is*, i^^o. 
 
 CONTENTS. 
 
 PIMUJ 
 
 !!l««l!'lt!J"" 
 
 mmmmmmm!^ 
 
 ■ MIMW I g l llUI t^^_|_ 
 
rablc \u- 
 cafioii to 
 iblcqucnt 
 principle 
 nions ot 
 imiiTion- 
 
 now a- 
 treaty of 
 oully de- 
 udges of 
 blicitudc, 
 sfped: he 
 individu- 
 hink dif- 
 
 without 
 J occulion 
 cation he 
 
 ONTRNTS. 
 
 CONTENTS. 
 
 ORDER, to JJjew cauje why the claim of Ileniy 
 Harfoi-d Jljouid no"t be dijmijfcd. 
 
 Order, on the claim of the fiirviving -partners of 
 Ofwald, D ^nniftown, and Co. 
 
 General order of the Board, flated. 
 
 Rejolutions on the '^v'^^ and fccond foints in the 
 cafe of the Right Revd. Charlt-s Iiiglis, 
 
 IndahiKiK laivs of South Carolina, 
 
 Refolution in the f^/'/^/Strachan and Mackenzie. 
 
 Notes, by one of the Commijfioners, entered on 
 the jom nals of the Board, - - . 
 
 Cafe of William Cunningham and Co.— and re- 
 folutions of the Board. - - „ 
 
 Cafe of Daniel DuJany. - - - 
 
 General order, for additional memorials ; and di- 
 re^ ions for the ftatement and preparation of 
 Evidence. - « , 
 
 Object ion to interefl during the warj and Refolu- 
 tion thereon - 
 
 General Refolution refpe5iing evidence, 
 
 Rejoluticn on the third point in the cafe of the 
 Right Revd. Charles Inglis. 
 
 Difr,itffion, of the claim of Samuel Brailsford. 
 
 DifmiJJion, of the claim of Jofeph Anderfon. 
 
 General Refolution, on the duties of the Ccmmiffi- 
 oners, - - _ _ 
 
 Order, moved in the cafe of Daniel Duk.. 
 
 Difmijfion of the claim of Jofeph Taylor. 
 
 Cafe of Hanbury and others, 
 
 Difmiffion of the claim of Samuel K( 
 
 Page, 
 
 {1 |-» T7 
 
 3 
 
 ib. 
 
 6 
 
 7 
 II 
 
 12 
 
 i6 
 
 i8 
 
 19 
 
 ib. 
 
 21 
 ib, 
 24 
 
 26 
 
 27 
 34 
 
^ 
 
 ViU 
 
 CONIENTS. 
 
 k 
 
 Page. 
 34 
 
 Difmrjfton of the feiition of Jofeph Ciinlifie. 
 
 Order on the petition of Aquila Giles, and Eli- 
 za, his wife. - - - 
 
 Difmijfion of the /aid petition. 
 
 Difmijfton of the petition of Robert Watts. 
 
 Rejoliition in the cafe of LiJderdale. 
 
 Rcfoltition in the cafe of Clark, adminiflrator of 
 Rv.flel. . - - - 
 
 Refolution in the cafe of Bowman and others 
 
 Refolution in the cafe of George Anderfon. 
 
 Refolution^ that the qiiefiion in the cafe of Andrew 
 Allen wrtj not affected by the diftintiion there- 
 in flated. _ - - - 
 
 *The cafe of Andrew Allen. 
 
 Refolution thereon, _ - - 
 
 Order propofcd to Jheiv caufe, why the claim of 
 RobvMT W illiams foould not be difmijjed. 
 
 General Opinions^ held by a Majority of the Board ib. 
 
 Final ScccjfiQ.i of the American Commijfiuners 52 
 
 36 
 
 37 
 38 
 
 40 
 
 43 
 44 
 45 
 
 48 
 
 f 
 
 
 A 
 
 APPENDIX. 
 
 Artie Ui^ fourdi, fifth, and Hxth. of the Treaty of 
 Peace . - - - - 57 
 
 Articles^ fixth, feventh, i^c. &c. of the Treaty 
 of Amity. - - ~ - ^8 
 
 VrodaYdation by the Prefident. - - 61 
 
 Minutes of the openings and communication of 
 their refpetlive Commiffions^ by the Britifh and 
 American Commifjioners. - - - ih, 
 
 Cormniffton by His Britannic Majefly, - 62 
 
 Commiffion by the Prefident of the United States^ 
 with the advice and conjcnt of the Senate - ib. 
 
 Minute of the uppointrncni of a Fifth Commiffi- 
 oner. - - _ _ 54 
 
 Opinions delivered by fudges, of the United Stales. 65 
 
 !SBIIIIMi«a«iAW JI-iiili4Wrllk4a'J4!' ' ^i"?f?^ 
 
 »M^Sii 
 
r 
 
 'age. 
 
 "Eli^ 
 
 34 
 
 
 35 
 
 
 ib. 
 
 or of 
 
 36 
 
 s 
 
 37 
 3« 
 
 - 
 
 40 
 
 drew 
 
 
 here- 
 
 
 
 43 
 
 - 
 
 44 
 
 ■ 
 
 m of 
 card 
 
 45 
 43 
 
 wrs 
 
 52 
 
 A 
 
 \ 
 
 SI 
 
 - 
 
 58 
 
 - 
 
 61 
 
 n of 
 
 
 ) and 
 
 •• 
 
 - 
 
 ih. 
 
 - 
 
 62 
 
 'atesy 
 
 
 e - 
 
 ih. 
 
 m'lffi- 
 
 
 
 64 
 
 'atxs. 
 
 65 
 
 I 
 
 I 
 
 I 
 
 4 
 
 i 
 
 i 
 
 BRIEF S T A T E M E N T, 
 
 ''h. 
 
 ^c. ^c. 
 
 Tni-: Board of Commlfnoncrs under the fixth 
 article* of the treaty of amity, navigation, and 
 commerce between iiis Britannic Majeity and the 
 United State , confiaing of tne five following mem- 
 hers, namely, Mr. IMacdonald, Mr. Kich, Mr. Fitz- 
 imons, Mr. Inncs, and Mr. Guillemard,t was cor- 
 Ibtuted on the 29th day of May, 1797: and the ^'e- 
 ii^ra, quefbons r^ifed before them, with the opiniSn;^ 
 given, may be thus concM'dy Hated. 
 
 Commissioners' Office, 
 Philadelphia y 'January i^^ 1798. 
 
 " In the Cafe of Henry Harford. 
 
 CLAIM for certain arrears which accrued before 
 the peace, of quit rents, manor rents, and alienation 
 
 ♦ See the article at length in the appendix. 
 ^^1X'^ Commimone. s are here nan.ed in tlie order of their appoint- 
 As the oommiffion was eflabli/lied by the two nations for the our 
 Jn.r/. '■"' °! "^g^^'.^ting. but of .bfolutely and finally deciduJL 
 n atter ,n diipme u was made to coniilt ofVnch a number of .nembcrs 
 
 of option' "" '*"'"" '^' ""^' "'' "" '""'^"'^^y^ ' " ^'■^^■^ "^" <^^ 
 
 p3,' •fP'^'^;^^ ^.""^"^'^^."n^ by his Britannic PJnjefty, and bv the 
 P.efident, with adv.ce and confent of the Senate of the h\.\J^LT. 
 lb. appointment ot the htth Comtnilhoncr j and the manner of~tliit 
 appouumcnt, will be found m the appendix, N u/"""'""'' ^^ *'«^' 
 
 A 
 
 i 
 
■ i>-it'!'*ii^miAiK^uaaaMM:. 
 
 ( ^ ) 
 
 fines; and alfo of tonnage duties, which belonged 
 to the claimant as proprietor of the late province of 
 Maryland. 
 
 OBJECTION, fuggefted by one of the Britilh Com- 
 miffioners, for confideration, before ordering ananlwer, 
 viz. " tiiat the right, eftate, and property on which the 
 « claimant founded his denaand for the arrears claiiii- 
 ^* ed, was '>ie of thofe * eflates, rights, and proper- 
 ' ties' thc confifcation whereof is recognized by the 
 ffih article of the definitive treaty of peace, between 
 his Britannic Majefty and the United States, dated 
 ' the 3d day of September 1783: that duties on the 
 « tonnage offliips, and on tobacco exported, dated as 
 ' part of the claimant's late revenues, are not in their 
 <^ nature to be confidered as debts contraded, within 
 " the true intent and meaning of the treaticv." and 
 that the evidence offered would befidt s '-e infufficient 
 to fubftantiate the claim. Accordingly it was 
 
 ORDERED, that the claimant fliould have leave, 
 by additional memorial, to fhew caufe, why his claim 
 fliould not be difmiffed, in the whole or in part, upon 
 the above grounds.* 
 
 <c c 
 
 cc 
 
 cc 
 
 C( 
 
 <c 
 
 ( 
 
 i 
 
 I 
 
 February 7, 179S. 
 
 /// the Cafe of George Oswald and 
 others^ furviving Pa7^t?ters of Os- 
 
 WALD, DeNNISTOWN, & Co. 
 
 THE Board expreffed a general opinion refpecl- 
 ing the defcription of parole teitimony tfiey would ex- 
 
 * An adJitional memorial, (li-wing cp.ufe, was rrcelveH and read 
 on the jqth Decemher, 1798, and the uiual o\\\t\- made for an anlwer 
 on the part or thc Vnitcd Sitatts, 'Ihert tht- matter relUd; but the 
 (rule is here 'lated, bccaule an opinion was ir.tin.a ed by the abuve order. 
 
 I 
 
 \%i 
 
longed 
 ince of 
 
 iCom- 
 anfwer, 
 lich the 
 ; claiiii- 
 proper- 
 1 bv the 
 between 
 , dated 
 ; on the 
 bted as 
 in their 
 , within 
 r." and 
 Lifficient 
 kvas 
 
 T leave, 
 lis claim 
 :i t, upon 
 
 \ 
 
 (3) 
 
 pe(5l, by the following order; which was this day 
 pafled, on the motion of one of the Britifh Com- 
 
 miflioners. 
 
 cc 
 
 cc 
 cc 
 cc 
 cc 
 
 (C 
 
 cc 
 cc 
 cc 
 cc 
 cc 
 cc 
 
 " The claim of George Ofwald, te. &c. figned 
 by the general agent, and prefented by him this 
 day, having been re ad, -^Ordered, (with refervation 
 of all other points in the cafe) that the general 
 agent be required to let forth by additional memo- 
 rial, whether the claimanra can offer further evi- 
 dence, to prove the infolvency of the houfe of 
 Pleafant, Cocke, & Co. and of the partners there- 
 of, as Itated in the memorial, by perfons who cart 
 defcribe thernfelves as having been in a fituation to 
 know the fatl, and able to Jtate circimftances in 
 Jupport of their /v//^/ refpefting the famej or other- 
 wjie. 
 
 hi 
 
 \ 
 
 I' 
 
 t 
 
 179S. 
 
 D and 
 f Os- 
 
 refped-T 
 rould ex- 
 
 \ and ie;ul 
 r an anl'wer 
 td; Hut the 
 above Older, 
 
 
 April 18, 1798. 
 
 In confequence of an argument which had been 
 maintained before the Board, fuch as might have 
 warranted conclufions, perhaps beyond the intention 
 with which it was ufed, an order was, on the motion 
 of one of the Britifh Commifiloners,^ this day una- 
 nimoudy pafTed, for the information of agents and all 
 concerned ; importing, that the Commiffioners were not 
 officially at liberty to confider, in what manner opinions 
 whi<:h they had inaturely formed, according to the bcft 
 of their judgments, on the queftions before them, 
 would operate upon, or effea:, or be confidered by 
 the parties : or, in odier words, that no other " p- 
 
 ir" 
 
r^«9a.i«fl|^»«^ 
 
 ( 4 ) 
 
 "%" than that of juilice, could be permitted to 
 influence their deliberations.* 
 
 M 
 
 ti 
 
 K 
 
 * On the ful>jea of fuch aigumenl-, vvliich were afterwards repcatf<f 
 and had from tlie beginning been confid.red by fome mcnibcrt; c>f the 
 board as, at lead, very unnectflhrv} one of the Conimiffioners, 
 tor ihtiprnpoicoi preventing, if pofliblc, evay caiife of irntution or 
 ottcnce, andbecauktheiiuclticn had bicii put to the Board, in writii 
 
 by the aftonicy ;.eneral, whether it was the meaning; of the above of- 
 dcr " that it belsii^ied not to the Board to conlider what thf United 
 *' States might think of their awards," wioie a note «' in liis pri- 
 « vate capacity, to the agent f < r the United State^^' and (here ex - 
 prefied h;MileU as toilows— " It is aireiy quite fidHcient to ar-rue 
 *' that the cafe is not within the mcanin^v of the treaty, r.nd try to con- 
 " vince ih. Conimillioners th:,t it is not j— but what avrils ii to talk of 
 " conjequoiccs, \i they aie jiot convinced ? Can men of honor for one 
 *' initant lufter the confkiei atlon to occupy their minds, and reafoii 
 "■ taus : « We are (Convinced that the cai'e h within the treaty, and nc 
 " 'carding to our coniciences and our oaths, we niuii: decide for the 
 *' ' clainiauts;—biit let us beware j'— beware of what ? Of the opinion 
 *' wliich may be entertained by others— by Great Britain or Amerie^i— of 
 *' that decihon which a Connniilioner ;;//// give, bccaule on ddiberation 
 " heisfatisfied that juilice and his <iuty require it ? Certainly not j— .what 
 " would arbitrators between individuals I'.iy, if one of the parties de- 
 '' iired them to take care what ihey did; i'or if ihey decided a<>-ainlt 
 *' what he thought to be right, he would hohi tlicir award to bc'^good 
 "tor nothing? Surely they would feel tliemleives infulied ; ancl in- 
 *' fcnn hini, that they would certainly do wha» ihey thought to be ri^rht 
 *« withoi;t tiie (inalled regard to bis opinion on the fubjecK ^ 
 
 " Officially xMr. Macdonald has no concern with the queilion i\\^. 
 *' gelkd in the aiifwer in Cunniitgham's caic, how far tlie two nati- 
 " ons will be bound by the awards of the Bjr.rd r— But privately he 
 *' thinks itfit '<> declare, that in his opinion, (and he has leafon to be- 
 *' heve that every ineinber of the Board agrees with him) nothing can 
 «' be more completely enoneous th:'n tiie argument there maintained, 
 " and unfortunately expofed to the world in print. Indeed if he had 
 " ever imagined there was room for fuch a quellion, he certainly would 
 '* not have conllntcd to accept of tli*. lituation of a Commdlioner ; to 
 " be employed in the frivolous occupation of giving judgments, which 
 " were to have eiTea, or not, accortiin-; to tlic picaiure of either of the 
 " parties*— the ,aw he holds to be molt clearly lliis, that nnleis the de- 
 «' vialion from the cafe, iubmiited (which are not ipecially itated but 
 " generally defined) \'-, t,uu,}j,jl (i. e.) accoidinv; to tlie meaning given 
 " to tnat word by common undei Ifindlog, as vveli as by I'attil in the 
 «' very fentence quoted in Cunninghanr^'caie, llch as cannot be ' rti'- 
 " dcred doubtful by thodilUnhon of the parties,' the award is bindino- 
 " on both nation?, wit!;out ilie fmailcit icjard to what cither of thein 
 ''.My may think of it. It is true that a void award mijht hy ffjjl. 
 " bdity be made by the board, fuch for -i.ltance as an award for con- 
 '• hlcated A^;;./, or en debts centriuMed rftcr the peace, and the like; 
 " which would be io mn.iif.fly oui of ti: ■ treaty, that there could be 
 " no " .iijjcntic.r upon the lul;iea— bui men of common undcritand r^ 
 •• cannot give avoid awauUindci this treaty, without cr.npi mctiv.-, • 
 ^« i;.:cau!fthedtviauca mult he /^/^.,/-/r, und of courA; inienlionui.-- 
 
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 rds iepcatf;<f, 
 libera vt' tlie 
 nnniflioncrs, 
 
 iiritunon or 
 
 I) in wiitiii^ 
 
 If above or- 
 
 the United 
 
 ill his pii- 
 md I here tx- 
 ;iit to argue 
 1 try to coii- 
 it ti) talk of 
 »nor for one 
 
 and realoii 
 aty, and r.c- 
 cide for the 
 
 tile opinion 
 America — of 
 del ibei alien 
 not J — what 
 ; parties de- 
 dcd again ft 
 
 to be good 
 d ; and in- 
 : to ire right 
 
 .leilion iiig- 
 iwo nati- 
 irivaiely he 
 albn to be- 
 lothiiig can 
 naintained, 
 i if" he had 
 inly would 
 ilhoner ; to 
 ;nts, which 
 't':er of the 
 lels the de- 
 
 itated but 
 nmg given 
 ■■i/fi / in the 
 »t be ' rtn - 
 
 is bindins: 
 er of them 
 ht hy f^JJ'i- 
 d for con- 
 i the like ; 
 e could be 
 Icritanding 
 I iiictivcs j 
 fculional/" 
 
 C 5 ) 
 
 \ May 21, 1798. 
 
 i In the Cafe of the Right Reverend 
 Charles Inglis (Billiop of Nova 
 
 j Scotia.) 
 
 I 
 
 CLAIM for bond debts, the juftice of which did 
 not come into qiiellion. ^ 
 
 ^OBJECTIONS by the Agent fbr the United 
 
 J''''i' 7Y f^ claimant having been attainted by 
 an aa of the Rate of New- York! palled before the 
 peace on account of his adherence to his Britannic 
 Majefty ; and being one of that defcription of per- 
 ions who are Known under the denomination of Ly- 
 chjfs ov Refugees, Jie did not poflefs a charadler en- 
 tithng him to claii-n before t!ie Board. 
 
 ^"^^condly That the d.^brs dne to him havinjr been 
 ^fnfijcated by the faid ad, he was not a credito?;.^^ 
 in the meaning of the fourth article of the treaty of 
 pc^lce; and came only within the recommendatory 
 provMions of the fftb article ihereof. ^ 
 
 _ nirdly.Thn he was guiltv of manifeft negligence 
 in not havmcT proceeded at law for the recovery of 
 his debt, and was bound dill to go through a courfe 
 
 of juoicial proceedings tor that purpofe : h 
 remedy before the Board to the extent onW 
 
 aving 
 
 mould 
 
 tent only of what 
 
 lid appear, from the refult of fuch proceedines 
 to be irrecoverably Joll. ^ "^cccungs. 
 
 On full argument, the Board, confiding of all the five 
 CommilTioners, mimu.ioujly decided the firft and fe 
 ^on<\ points m hivoiir of the claimant; and referved 
 
 m 
 
li%J((i!!W«K!<ll»«»»«n-!. 
 
 
 H 
 
 C 6 ) 
 
 the third, for further confideratlon. — They refolved as 
 follows."— 
 
 " RESOLVED— -That the claimant's charafter of 
 Britiflifubjedt, was not affeded or impaired by the a61: 
 of attainder and confifcation, paifed by the ftate of 
 New- York on the 21ft of 0£lober 1779, attainting 
 him, with the Earl of Dunmore, Governor Tryon, 
 Sir Henry Clinton, and many other Britilh fubjeds, 
 who are therein dtfcribed, not as fubjedlsof the ftate, 
 but, as " perfons holding or claiming property within 
 the ftate;" and forfeiting and confifcating their whole 
 eftates real and perfonal for their adherence to liis Bri- 
 tannic Majefty: but that on the contrary, the faid 
 a6l of attainder, and the defcription of Loyalift or Re- 
 fugee, applied to the claimant on the part of the U- 
 nited States, in confequence of his faid adherence, 
 are conclufive evidence, that he ftill maintained his 
 original allegiance: — that therefore, he is entitled to 
 claim vjforethis Board under the fourth article of the 
 definitive treaty of peace, and the fixth article of the- 
 treaty of amity, between his faid Majefty and the Uni- 
 ted States.* 
 
 '* RESOLVED — That the confifcation of the debts 
 in queftion before the peace is no bar to the claim : J 
 and that the board have fo determined, upon the same 
 grounds and principles of interpretation, refpeding 
 confifcations before the peace, which were adopted 
 and declared by the judges of the United States, when 
 (in the cafe of Hamiltcns againji Eatonl) rhey deci- 
 ded in their circuit court for North Carolina diftrid, 
 that debts due to Britifti fubjc6ls v/ho refided in the 
 
 • See opinions of federal judges, iuice the treaty of amity, appen- 
 dix, N. IV. 4. 
 
 X See appendix, N. iV. 6. 
 
 il Tlie board weie not at liiis time acquainted with the opinions ta 
 the lame effeftj deliveied by the jiidj«;fs of the iupieine court ol tlic 
 United States, in thf cafe of H^arrc aciininiilr;.tor of Jof.'es ag;iin(t H}1- 
 ton, and others 5 alio lin t the treaty of umiry. 
 
 I 
 I 
 
 I 
 
 ■jjifHIUiHMigliiBjSSg 
 
If 
 
 elblved as 
 
 larafter of 
 by the a6t 
 le ftate of 
 attainting 
 )r Tryon, 
 I fubje(5ls, 
 ^ the ftate, 
 rty within 
 leir whole 
 to liis Bri- 
 ^ the laid 
 lift or Re- 
 of the U- 
 idherence, 
 rained his 
 entitled to 
 icie of the 
 cle of the- 
 i the Uni- 
 
 f the debts 
 e claim: J 
 ; the same 
 refpeding 
 t adopted 
 ites, when 
 rhey deci- 
 la diftri6l, 
 ied in the 
 
 mity, apjn.ii- 
 
 e opnuons to 
 court ol tlic 
 
 I 
 
 I 
 
 < 
 
 ( 7 ) 
 
 province, now ftate of North Carolina, at the dare of 
 the Declaration of Independence, and continued diere 
 torefide till the 20th day of Odober 1777, when they 
 ^yere obliged by law, either to take an oath of abjura- 
 tion and allegiance to the ftate, or to depart;" and 
 which debts had been conHfcated or forfeited to the 
 ftate before the peace, were nevcrthelefs due and ow- 
 ing by virtue of the treaty. 
 
 " RESOLVED— -That the terms of thefaid fourth 
 article of the definitive treaty of peace, are in them- 
 felves plain, explicit and unambiguous:* and do not 
 require or admit of any conftrudion or explanation 
 from the fifth article, J to which the fourtii article bears 
 no relation whatever." 
 
 July 13, 1798.IJ 
 
 Li the Cafe of Strachan and Mac- 
 kenzie, 
 
 CLAIM complaining of the operation of the fol- 
 lowing a6ls of the ftate of South .Carolina^ common- 
 ly called the Inftalment laws, viz. 
 
 An a<5t pafled on the 26th day of ^4;lrch 1784, 
 whereby it was enaded, that no " fuit or adion (houid 
 " be commenced either in equity or at lavv^, for tlie 
 
 * See opinions of federal judges, app. N. IV. 3. 
 \ Ibid. 
 
 II This having been only the fcccnd inilance of an important dccifl- 
 on. It IS proper _to^inention_, that little of that m.n's cf b.ilniels which 
 
 av lengrth came before the Board, had then appealed. It did not come 
 
 ■ e end oi' the term of eighteen 
 
 \\ 
 
 
 -f.--- -" ..w.w._ ...^ .^......,, Jlli.^, llll.ll 
 
 forward to any great extent, till towards th 
 ths. nieicribed by th 
 
 pioiitljs, pieicril 
 
 le treaty tor receiving coippla 
 
 lilt 
 
MPWWW""* 
 
 ^■r] 
 
 lt-l 
 
 t 
 
 Pi 
 
 > 
 
 f 
 
 t( 
 
 (C 
 
 ( 8 ) 
 
 recovery of any debt or bond, note or account, con- 
 tratfled by a citizen of any of the LJni'ed States pre- 
 vious to the 26th day of February 1782, until the 
 " Hrft day of January then next (1785)" after which, 
 1: Ihould be lawful to recover only the intercft whicii 
 had accrued fincethe full day of January 1780, *' on 
 *' all bonds, notes, or other contracts bearing inte- 
 *' reft." — ^iVnd after the lit day of January 1786, only 
 fucii otiier intereft as might be due, and one fourth part 
 of the principal funi: and after the ill day of January 
 1737, one other fourth part of the principal llim v.'ith 
 the intereft: and after the iftdayof January 1788, 
 cm ether fourth part of the principal fum with the 
 intereft: and after the ift day of January 17B9, " the 
 *' balance which might tl^en be due and owing:" but 
 providing that if any debtor fliould, on notice, refufc 
 to give to his creditor fuch fecurity for the debt as 
 Ihould be approved " by one of tlie jud^rcs of the 
 *' court of common-pleas, if in tr.e Chiirleftovv'n dif- 
 *' trie-:, and by a Commifiioncr for taking fpecial bail, 
 "if in any of the circuit court diftrids," the creditor 
 of fuch debtor fliould be atlibc.ty to iue and pioceed 
 to execution for the debt: — further, that no property 
 mortgaged fmce tiie 26th day of February 1782, 
 Hiould be feized, provided the princij)al and intereft 
 of the debt were paid at the periods before mention- 
 
 \X% 
 
 And by another ad palled on the 28th day of March 
 1787, it ^^as enadcd, that all debts contra^flcd previ- 
 ous to the t ft day of January 1 7 87, ftiould (with cer- 
 tain exceptions) be recovered hy iKftalnientSQvAy; viz. 
 on the I ft day of March 1788, one third part of die 
 principal and intereft, and on the ift day of March 
 1789, one moiety oftht^principal and intereft then due; 
 and on the ift day of March'1790, the remaining ba- 
 lance of tatt deo:: and that no iudgment fiiould^ind 
 the property of the debtor to a gre'iter amount; bur 
 
oiinr, con- 
 States pre- 
 , until the 
 ter whicli, 
 reft whicli 
 780, ''on 
 ring inte- 
 [786, only 
 '^Gurth part 
 )f January 
 1 liim v;ith 
 jary 1788, 
 1 with the 
 '89, "the 
 ing:" but 
 ice, refnfc 
 le debt as 
 res of the 
 flown dif- 
 )ecial bail, 
 le creditor 
 d pioceed 
 ) property 
 iry 1782, 
 id intereft 
 inention- 
 
 of March 
 
 la previ- 
 (with cer- 
 onlyi viz. 
 art of the 
 of March 
 then diiej 
 lining ba- 
 oiild bind 
 lint; bur 
 
 ( 9 ) 
 
 that no debtor who fhould fail to give fuch feciirlty 
 for the debt, in the manner therein mentioned, « as 
 " any one or more of the judges of the fupreme court; 
 " any one or more of the juftices of the peace of the 
 " diftri(5l, not exceeding three; any one or more 
 *' of the juftices of the county courts, not exceeding 
 " three; any one or more of the CommifTioners of 
 " fpecial bail, not exceeding three, refpedively; at 
 " the option of the creditor, fhould deem fufficient," 
 lliould have any benefit under the ad. — And the pre- 
 ceding a6t was thereby repealed. 
 
 And by a fubfequent ad, pafled on the 4th day of 
 November 1788, the debts defcribed in the aft im- 
 mediately preceding, were made recoverable only by 
 inftalments of one fifth part of the principal fum and 
 intereft, on the '25th day of March yearly, from the 
 25th day of March 1789 to the 25th day of March 
 I79?> inclufive-, and the balance remaining due with 
 the intereft thereon, on the 25thday of March 1793: 
 -;-with a fimilar provifion entiding the creditor to fuch 
 fecurity, as fhould be approved in the manner defcri- 
 bed in the preceding ad: and another provifion, that 
 " no fherifF, or other officer, ihould be authorized to 
 *' fell any real or perfonal property in virtue of his 
 " office, at public auftion, for Jpecie only; but all 
 *| purchafers at fuch fales, Ihould have the option of 
 "paying, either in fpecie, or xht paper medium; any 
 law to the contrary notwithftanding." 
 
 And all former Inftalment laws were thereby re- 
 pealed. 
 
 The claimants founded their danand on a feries of 
 accounts, terminadng at the end of the year 1774, 
 as extraded from the books of the partncrfliip in Lon- 
 don, and proved by the oath of the bookeeper and one 
 B 
 
 <c 
 
; lS ---;_ >-' J-^rTf'^'^''^ y 
 
 N 
 
 i\ I 
 
 ■31: 
 
 .i 
 
 if 
 
 I'i 
 
 ( 10 ) 
 
 of the partners; and alfo by bonds which were pro- 
 duced and proved to the Board. 
 
 There was little difpute refpefling the exiftence of 
 the debt claimed j as will appear from the following 
 palTage, extraded from the written argument, on the 
 part of the United States : " The Agent for the 
 " United States cannot but admit in this particular 
 *' cafe, that the books of entry being in Great Bri- 
 ** tain where the credit was given ; and the accounts 
 " prefented to the CommifTioners dating the parti- 
 " cular items and dates, being proved by the oath of 
 *' the bookeeper, as well as one of the parties, to have 
 " been extradled, and truly copied from thofe books; 
 " and bonds being produced, which were delivered, 
 " amounting to nearly the whole claim of principal 
 " and interefl, there is good reafon to believe, that 
 ** nearly the balance mentioned in the memorial, of 
 *'/;i6,946 2 8 fterling, was due on the 31ft of De- 
 " cember, 1774." 
 
 But it was contended, that the lofs charged, did not 
 arife from the operation of the above Inftalment laws, 
 as lawful impediments to the recovery of the debt; 
 but had been occafioned either wholly, or in part, 
 ** by other caufes" (as it is exprcifed in the provifo 
 contained in the article) " which would equally have 
 " operated to produce fuch lofs ; or by the manifeft 
 " delay or negligence, or wilful omiflion of the claim- 
 
 C( 
 
 ant. 
 
 On this fubje(fl the Board received written evidence 
 and examined witnefles : and, after mature deliberati- 
 on, the following refolution was this day pafled; with 
 the concurrence of all the five CommilTioners*. 
 
 • Colonel Inncs of Virginia, one of the American Commiflloner':, 
 than whom, a man more truly honourable never exifted ; who cnjoye-d 
 the Cfirdin! fricndUiip of Geneia! Wafhington ; had refignfd xh^ 
 Ctuation of Artorncy Gtneial of the ftate to which he belonged, to 
 
 !!Mti|J|!W*'Jlli W! MaWPi»W 
 
 -rr 
 
( 
 
 II 
 
 y 
 
 li 
 
 1 were pro- 
 
 cxiftence of 
 e following 
 ent, on the 
 jnt for the 
 i particular 
 
 Great Bri- 
 be accounts 
 ; the parti - 
 the oath of 
 ies, to have 
 lofe books; 
 
 delivered, 
 f principal 
 ^lieve, that 
 emorial, of 
 jiftofDe- 
 
 :;d, did not 
 ment laws, 
 the debt; 
 r in parr, 
 he provifo 
 ually have 
 le manifeft 
 the claim- 
 
 n evidence 
 deliberati- 
 (Ted; with 
 
 )mmifnoner<, 
 
 who enjoyed 
 
 refigned xht 
 
 belonged, to 
 
 *' RESOLVED, that the laws of South Carolina, 
 palTed fubfequent to the peace, and known under 
 the denomination of the Injlalment Laws, were 
 ** lawful impediments to the recovery of debts fecu- 
 *' red by the treaty of peace; and in this cafe opera- 
 " ted as fuch within the meaning of thtftxth article 
 " of the treaty of amity." 
 
 <t 
 
 n 
 
 it 
 
 A difcufTion afterwards took place on the fubjedl 
 of the lofs charged ; founded on averments made by 
 the Agent of the United States, refpefting certain 
 fubfequent tranfacflions, and other accounts, between 
 the private parties, or their agents. 
 
 July 25, 1798. 
 
 THE fame principle which forbad all official con- 
 cern, refpedting the reception or operation of an opi- 
 
 hold a place in the coinmiflion ; and was diftinguifljed as much for 
 that franknefs of mind which difdainedall fineffc, as for a manly elo- 
 qoence and corre»^ judgement ;— at this time laboured under the indif- 
 pofition which, in the courfe of a few weeks, terminated in his death : 
 but his rcafon was found ; and he had well confidered the prefent qucf- 
 tion. He declared his opinion, by a letter to Mr. Macdonald, in the 
 following terms. "Dear Sir — July 11, 1798— Among the diftreffes 
 •' incident to my prefent fituation, there is no one whjch I feel more fin- 
 " cerely, than that which proceeds from an apprehenfion, that my non- 
 ** attendance at our Board, may occafion confiderable individual incon- 
 ** vcr.ience, by retarding decifions on the Britifh claims. It is fuggeft- 
 " ed to me by Mr. Grant, that the cafe of Siracban and Mackenzie 
 ♦• now ftands in the above predicame Should that be the cafe, J now 
 ** take the liberty to requeft that it may not continue fo. The promi- 
 *' nent features of that cafe, I have thought, from my firft view of it, 
 " molt indifputably brought it within the provifion of the treaty; and 
 «« if I we.e fortunate enough to be able to attend the Board, fuch would 
 *' be rny vote. — With very great efteem and refpeft, I am, Dear Sir, 
 *' yours, Sec. James Innes," 
 
 ** Thomas Macdonald, Efquire.'" 
 
 The above letter was filed in the office, with the following note up- 
 on it. bv Mr. MncdnnalH.— .« it Tnlv. «^«9 TKIc umc'^ Af^ivon^A *« 
 
 ♦* me by Colonel Innes's fon laft Wednefday after the Board had rifen— 
 ** litw communicated by me to the Board." 
 
 !.*ij • 
 
 4 
 

 ( 12 ) 
 
 moil once maturely formed and conclufively decla- 
 red, fuggeftcd the wiOi, that all poflibleaid and infor- 
 Hiation fliould be previoully obtained; and every op- 
 portunity of fair and friendly difculFion employed. 
 With this vievv it was, that one of the CommifTioners, 
 who had made ita praftice to throw out for confiderati- 
 on,fuc!iobfervations as occurred to him, at the moment, 
 on the reading of every paper or argument before the 
 Board, thought of colleding and expofing his obfer- 
 vations more diilindly to the view of all the mem- 
 bers, as well as of himfelf, by putting them in writing, 
 and entering them on the minutes, as matter for con- 
 ference, when no other bufinefs (which was frequent- 
 1> the cafe) happened to be ready at the fittings of the 
 Board. The continued indifpofition of Mr. Innes 
 confirmed the fuggcftion ; as the difclofurc might be 
 convenient for Mr. Fitzfimons, who had on many 
 points exprelTed very different fcntiments from the o- 
 ther members of the Board; while it could not poffi- 
 bly be attended with any other inconvenience than 
 the trouble of making it, 
 
 A minute was accordingly this day entered on the 
 journals of the Board, of which the introdudion, 
 for the purpofe of /hewing its objed, and the gene- 
 ral expofition of the fourth article of the treaty of 
 peace, there fubmitted as the bafis of the whole, need 
 only be flated. 
 
 *' Mr. Macdonald laid the following notes before 
 " the Board, as the fubftance of what he had occafi- 
 " onally, with great deference, fubmitted to their con- 
 ** Tideration; and which he wiflied to have entered in 
 ^'- the minute book, as fuch; in order to fubjed them 
 *' to that clofe examination which the importance of 
 " the matter demands, and his defire to *-- explicit 
 ** and corred:^- has prompted him to invitv 
 
 '^ Under the fourth article of the treaty' of peace^ 
 f* the points of enquiry are tliefe." 
 
 iaffifaffli»!»B 
 
ely decla- 
 ancl infor- 
 every op- 
 employed, 
 iniflloncrs, 
 onfiderati- 
 e moment, 
 before the 
 his obfer- 
 the mem- 
 n writing, 
 r for con- 
 frequcnt- 
 igs of the 
 I'r. Innes 
 might be 
 on many 
 )m the o- 
 not pofTi- 
 nee than 
 
 xl on the 
 xludtion, 
 he gene- 
 reaty of 
 ole, need 
 
 cs before 
 i occafi- 
 leir con- 
 itered in. 
 tdi them 
 tance of 
 explicit 
 
 ( '3 ) 
 
 "pHer ^^•'" '''^ '•'^'^^^"■'■^^ contraaed before tbt 
 
 '• 'Lt""f^'- ^'t ^\^ ''''°''^' •"" ='"y P"' "f the full 
 
 « L !, , °^ ''' '," "^^•■''"S ""°"<^y. '■«»'"•« unpaid to the 
 "frc^z/ar, at the peace?" 
 
 
 (C 
 
 <c 
 
 <( 
 
 <i 
 
 t< 
 
 <( 
 
 <( 
 
 fc 
 
 cc 
 
 , If thefe points are anfwered in the affirmative 
 nothing can take the cafe out of the treaty of teacL 
 but the free, voluntary, and uncontrouled difchar^e 
 of the creditor. A difcharge by adl or operation 
 c x' "nf^PPorted by fuch free and voluntary aft 
 of the creditor, flill Icitves the debt within the de- 
 Icription o{ fairly contra tied, and mt fairly paid x 
 and though fuch difcharge by mere operation of 
 law, would be good againft an American creditor. 
 It IS of no avail againfl a Britifh creditor; for this 
 plain reafon, that tlie right of the former is govern- 
 t^d by the ^^;/,r^/ law of the land, but that of the 
 latter byth^Jpectallaw of nation ale ompati or treaty:* 
 
 '' The article contains no exception either as to the 
 
 ''^ nature, or to thtamount of the debts thereby fecured 
 
 '' The words are incapable of any limited interpre-i 
 
 ^ tation— '^// debts' of whatever nature— * all 
 
 debts t to their full amount, principal and intcrefl, 
 
 according to the original contrad, or the law and 
 
 ui:igt which then prevailed. This feems to be the 
 
 neceflaryexpofition." 
 
 ,, " '^^J^^ recovery of the full value, in flerllng mo- 
 
 ,, "7. of all fuch debts, fairly ccntraBed and not 
 
 Jairly paid, it was agreed, and folemnly promifed 
 
 t Thefe are almoft the ve-y words employed by verv learned iudecs 
 Pf he United btates, whole opinions <\.\\kcv^6 Jince the tremy ofuvatx, 
 wtll be found in the appendix. Incieeci, the Aitihrr of the abof c note' 
 migiit in this and many other pallhcres, be accufed of p,:.<iiaiilm, if 
 thoe opinions had been then publifhcd. He has certainly fJt much 
 £tat]ficat)on in the coincidence. 
 
 •iH 
 
 Vi 
 
E!Enni5l; 
 
 ^.\ 
 
 i 
 
 f 
 
 
 ll ^ 
 
 iiJ! 
 
 K 
 
 ( H ) 
 
 •* by the two nations, rclpeiSlively, that BrltiOi cre- 
 " ditors fhould * meet with no lawful impediment' 
 " in America, and American creditors fliould meet 
 " with no lawful impediment, in Great Britniii." 
 
 " The exprcfiion * lawful impediments' is as .om- 
 " prehenfive, as it is applicable to the lubjed." 
 
 C( 
 
 Every caiire of delay is an impediment,** 
 
 " Every caiife of delay znCmg pofitively, out of the 
 •* operation and effedl of law j or negative ly^ from de- 
 *' fe^ o( law, is a lawful impediment." 
 
 " The fcope of the article obvioiifly was, that the 
 •« lawt or the defed of law, fhould not, on either ftde^ 
 ** (land between the fair creditor, and his unwilling 
 " debtor : that all laws which had been paflcd againfl: 
 •' fuch recovery, (hould be repealed; all neceflliry 
 " means in law rejiored; all bars, by paft operation 
 ** of law, having a prefent cffetft, removed, chat the 
 «* adminiftiation of law in the courts of jufl-icf* iluild 
 " afford a remedy for the right, according to the ori- 
 *' ginal contrail which nothing, as already ftated, 
 ** but the free, voluntary, and uncontrouled adl of 
 
 " the party himfelf, fliould be held to difcharge 
 
 ** In ifiort, that creditors who nad already borne their 
 ** fhare oi fuffering, under the common calamity of 
 " war, with all its train of incidental evils, in- 
 " eluding the lols of trade and bufinefs, as well as the 
 " want of their money, fliould on the return of peace, 
 " find their juit rights, atleafl:, entire; in the fl:ate in 
 *' which they left them ; with the fame means of mak- 
 •' ing theip efieclual; and v/ithout any obilruiftion, or 
 " caufe of delay, fo far as depended on the law J' 
 
 The notes then go on to apply the above expofition 
 of tlie fourth article of the treaty o^ peace, under the 
 ftipularion'i of the fixih article of the treaty of amity. 
 
 
 itMixxmtmtimimaimmmmi^tiiumiwvuii.-^,' v-.s*i»r:i*@EsaaBi 
 
 ■^i\%^r*5--w-^ 
 
 poipiilii 
 
( 15 ) 
 
 Aiigiiit 6, 1798, 
 
 Li the Cafe of William Cunningham 
 
 and Company. 
 
 CLAIM complaining of various lawful laiDf^dl- 
 ments m Ptrgima, by which the recovery of the d^bc4 
 in qucltion had been prevented. 
 
 OBJECTIONS {inter alia) by the Agent (ox the 
 knS t-^'^"'' ^' ' ^^''''^ ^^Sumenf of g.cat 
 
 Firft. That there were " no legal impediments " 
 1 p'elce"' "' '' ^"'"^ '^'^^' " ^" 4--, fincc 
 
 c9^f«';/^/y. That if legal impediments had exifted 
 and operated, the claimants were bound to prov^ bv 
 evidence of the folvency of the debtors, at the period 
 of fuch operation that they would have recovered 
 payment, if there had been no fuch legal impedi- 
 ments to their proceeding for that purpole. 
 
 rhirdly. That debts defcribed as doubtful, in lifts 
 made up in the year 1775, (and which were not al- 
 ledged to have fince become good) ought not 10 be 
 admitted, as the fubjeft of a daimWre the Board " 
 
 t This argument win announced to the Board is >,*.;n« ,1., 
 bv the Attorney General, in the foilowir,7le«er t he Aeet ^ ^^^ 
 Umted States, annexed to it, ai.d therewith* printed. « AtlolrC ? 
 
 n ra s oihce, ^ Apr.l. ,798. Sir, The^Iaim of Wi Ham Cun 
 
 be tculed by the Comm.flioners, that in preparing an anfwer to it 
 I thought u beft to make a thorough invefigati^n of thTfubleft 
 •* which the treaty has referred tn fK-.v. t^u ^ " ' "^ ^"^ luoject 
 «< n\..i:..\ .. ^u . A '-•- - . . ■ *° * . '"• ^*^^ 3"fwer you will be 
 
 
r\ 
 
 if'i 
 
 ( 1(5 ) 
 
 On full argument, and evidence, before the Board, 
 and difcufTion, in it; the Board decided the firft and 
 fecond points (Mr. Fitzfimons diflenting) in favour 
 of the claimants -, by refolving, ihat there were law- 
 ful impediments in Virginia ; to fome of which they 
 fpecially referred . and that to fuch lawful impedi- 
 ments, all lofles incurred through lapfe of time, the 
 lofs of legal evidence, infolvency of debtors, or other- 
 wife, which arofe during the operation of the fai(i 
 lawful impediments, ^^rt prima facie, to be afcribed : 
 — referving it to the United States to (hew, within 
 the provifion of the treaty, that fuch loffes arofe from 
 other caufes. 
 
 The third point was decided, unanimoufly, in favour 
 of the United States* 
 
 
 
 Auguft 6, 1798. 
 
 In the Cafe of Daniel Dulany,. 
 
 CLAIM of a Britifli fubjeft, as refiduary legatee;^ 
 
 under the will of a teftatrix, who died in Maryland, 
 
 in December, 1775; complaining of the operation, 
 
 fince the peace, of a law of the ftate of Maryland, 
 
 paired during the war, whereby the debtor was au- 
 
 thorifed to tender, and the creditor required to receive, 
 
 paper money, in full fatisfaftion of his debt; which 
 
 debt was declared to be extinguifhed in whole, if 
 
 fuch tender was refufed; and if the creditor alfo re- 
 
 fufed to give an acquittance, or to deliver up the fe- 
 
 curity, he was liable to a judgment and execution for 
 
 damages, to the extent of the debt, with cojls : ftating 
 
 .^mus^^'^ 
 
:he Board, 
 
 s firft and 
 in favour 
 were law- 
 /hich they 
 1 imped i- 
 time, the 
 or other- 
 ^ the fai(i 
 afcribed : 
 w, within 
 irofe from 
 
 in favour 
 
 1798. 
 
 NY_. 
 
 legatee;^ 
 [aryland, 
 peration, 
 Maryland, 
 was au- 
 I receive^ 
 \ which 
 hole, if 
 alfo re- 
 I the fe- 
 
 Jt 
 
 1 /-\ r* r^-vM 
 
 : dating 
 
 that by force of this permptory and penal laW, which 
 
 obhged to receive payment of debts due to the teftf 
 tnxm depreciated paper money, which debtfit wa," 
 admit ed were thereby extinguifhed, to the extent of 
 the value m fterling rtoney.lf the depreciated paper 
 paid; but to that extent only: and as they wte te 
 ceffa,..|y held, to be wholly exh«guified at W fo that 
 
 t::J::^^^' '° "~'">' •^j"^'^-^' proceedings 1:1' 
 
 the Board ""° ^°'^P«"'^"°" ^'^^ the lofs gefore 
 
 Stafef:^''^/^''' ''^ "" ^Sent for the United 
 „^I" ■~'''f '''« /,w«'<"', and not the refiduary le- 
 
 fv co„M r'''' '7''-'°'"' '"^'^""'^''^^ '''« ^'^ecutoron- 
 
 o' H,? /^ '"'' ^'? \^q"'«^"C« for the debts due 
 to the teftatnx : an<i the executor (now deceafed? 
 
 'eTtfefr;\''r ^""'S'^'^' an ^American dtl^ 
 .mo'n .h r7' '"".'''"S "P°n Wm ; and througl, him, 
 upon the refiduary legatee : that befides, the eSecuto; 
 had given acquittances, or delivered up the fecurk el 
 purfuant to the lav : and that therefore^he Lbts vvere 
 
 CO. fi lering the executor as merely an agent or truftee 
 intereft ' "'^ P"'?"i '"''^'"8 "^ i^"-«liate beneficial 
 tlie a£t of the executor, m obedience to a peremptory 
 &• Z'lT 'f' 'f "'■ ^'^-^ ^'■^''''°'> b« of the law ?^ 
 tided rln ^r'"'^ ""^'^ °<" ''^"^ """'y "*" P^^ce pio- 
 
 no lawfi i "■"'"' °'' '^'''"^'' fi^'^' fl^oulcl meet with 
 no lawful impcLliments to the recovery of the M/ va 
 
 ^""/f«^fl"OS,ofalU.«./^.LbtstLCf"; 
 cv.i.tra..cd : and that the faid law, fo operating after the 
 
 whic™',l.e tr.'o'' .M °"'7, '° ^''"'''."''^^■'S ..o.!cc of an occunenc, 
 iLe ii,n,( o. i|„s ,,ublicat.oii, it is bitter tu omit. 
 
 il 
 
-I 
 
 
 I. '-' 
 
 ( IS ) 
 
 peace, and placing the creditor, without his confent, in 
 thefituation, that, whether he received the tender, and 
 obeyed the law ; or refufed, and difobeyed ; the debt 
 was thereby immediatel) extinguifhedj was a lawful 
 impediment, within the meaning of the treaties j — de- 
 clared their decided opinion, on thofe general quef- 
 tions, in favour of the claimant. 
 
 At the next fitting however, Mr. Fitzfimons, who 
 had earneftly oppofed the opinion of the three other 
 members in favour of the claim : and was enabled 
 fo to do, as he ftated, by means of the beft informa- 
 tion and advice j entered a protefl on the journals, in 
 which he aflferted, that the above opinion of the three 
 other members, was not only unjuft, but " manifeftly 
 *' unjuftj" and accordingly, he gave no realons for the 
 charge. 
 
 
 Auguft 28, 1798. 
 
 Mr. Innes having died on the 2d of this month, 
 was fucceeded by Mr. Sitgr eaves ; whofe commiflion 
 dated die i ith, was prefented this day^ when he took' 
 the oath and his feat at the Board. 
 
 December 4, 1798, 
 
 THE BOARD this day, on the motion of one of 
 the Britifh CommifTioners, made the following order. 
 
 '^ The Board confidering that many of the memo- 
 '^ rials and claims now before them, are avowedly de- 
 
 \9^ 
 
 AWtSSWS^^.. 
 
 ^s^-*f^,S'iL>i /s-l-:;?^"i^'.SiE a?.f ^ 
 
 liiiHiinMiiRi 
 
 wmmiim^'- 
 
t 
 
 :onlent, in 
 :nder, and 
 ; the debt 
 J a lawful 
 ies J — de- 
 :ral quef- 
 
 lons, who 
 iree other 
 5 enabled 
 
 informa- 
 Lirnals, in 
 
 the three 
 manifejily 
 ms for the 
 
 1798. 
 
 is month, 
 >mnniflion 
 n he took' 
 
 i 
 
 cc 
 (t 
 cc 
 cc 
 
 Cf 
 
 cc 
 
 cc 
 
 €t 
 €C 
 
 cc 
 cc 
 
 CC 
 
 CC 
 
 cc 
 cc 
 
 (C 
 €. 
 
 tc 
 {( 
 <( 
 cc 
 cc 
 cc 
 cc 
 cc 
 
 ( 19 ) 
 
 feftive in neceflary ftatement and detail; which 
 defeat the claimants pray leave to fupply by ad- 
 ditional memorials ; and that the greater part of 
 ail the memorials before the Board contain only p-«?- 
 neraj averments, without ftating the nature of the 
 evidence, by which the claimants are ready refpec- 
 tively to fubftantiate the fame,— Ordered, that in all 
 luch cales, the leveral claimants prefent additional 
 memorials without delay j and that, in particular 
 without derogating from, but in confirmation of 
 former rules and orders made by the Board, on 
 the lubjedt of evidence, they tberem fet forth the 
 pren/e nature of the evidence, by which they un- 
 dertake to fupport their feveral averments ; whe- 
 ther the fiid evidence' be matter of record; or 
 confift of documents in wridngj or of proof by 
 witnelTes; refernncr each feveral fpecies, or mode 
 of evidence, by diftind applicadon of the fame, to 
 each of trie averments fo to be fubflantiated :-~and 
 that tney have fuch evidence in readinefs, to be pro- 
 duced within a limited dme, which the Board will 
 prdcribe, if they fee caufe to enter upon fuch evi- 
 dence, and confider the fame as, in its nature, com- 
 petent and adiTiiffible in fupport of fucli aver- 
 ments. 
 
 Ttf' 
 
 ; li 
 
 1798, 
 
 of one of 
 ng order. 
 
 e memo- 
 tvedly de- 
 
 December 18, 1798. 
 
 hi ^he Cafe of William Cunningham 
 
 and Company. 
 
 CJ.AIM (before referred to) complaining-, inte^^ 
 cuta, of the practice of courts and juries, in dedud. 
 ing more than one third of all debts bearing intercft- 
 by adopting a ^^//.r^/n^/^, of denying intereftineve.' 
 
 ik^mnnBtm^ 
 
II 
 
 ♦ 
 
 ssa 
 
 ( 
 
 ) 
 
 ry cafe, without regard to the nature or terms of the 
 contradl during the period of the warj and claiming 
 compenfation for intereft fo deduced, accordingly. 
 
 for the United States :~-that this judicial practice, or 
 genera rule, was juftj and that the uniformity of it 
 through the greater part of all the ftates in the Uni- 
 on, proved that it was fo;..-^diat therefore no com- 
 penfation was due. 
 
 But the Board on full argument refolved (Mr Fitz- 
 fimons and Mr. Sitgreaves dilTenting) that the warf 
 could not juflify any fuch gefieral rule of dedudion 
 and that intereft ought to be awarded, « according to 
 tne nature and import, exprefs or implied, of the fe-^ 
 veral contraas."J And to prevent miftakes they after- 
 Wards relolved, - that in deciding againft aii objeai- 
 ^^ on to the payment of intereft during the war, main« 
 tained geKer^Ify, and without regard to the nature 
 and import of the contrad, exprefs or implied, they 
 did not preclude but necelTarily faved all objedions 
 ^^ to the payment of intereft, which may arife oiitof the 
 contra^, or other fpecial circumftances of the cale '* 
 
 I 
 
 THIS, and fome other bufinefs beine finifhcd, the 
 Poard unanimouHy laid down the following general 
 rule, on the fijbjed: of evidence, ^ 
 
 " Refolved, that the Board will receive fuch evi-. 
 dence only, to prove the debts which are the fub- 
 
 t ^ee Judge Paterfon's opmion, npp. N. IV. 2. 
 
fV. 
 
 ms of the 
 I claiming 
 dingly. 
 
 ind Agent 
 ra^lice, or 
 nity of it, 
 the Uni- 
 * no com- 
 
 ( 21 ) 
 
 ;; jefts of claim before them, as would have been 
 competent and admiffible to prove the fame, imme- 
 diately previous to the operation of lawful mpedl 
 ments, m the courts of the ftates where the debto s 
 
 tTe 17^"^ ^,^wn and an order of the Board for 
 he admimon of evidence of any other defcrip- 
 
 Mv. Fitz- 
 the war-}- 
 ?du6lioni 
 ording to 
 of the fe-T 
 ley after- 
 » objec^ci-. 
 r, main* 
 le nature 
 ied, tlity 
 bjedlions 
 )utofthe 
 be calt\'* 
 
 ^cd, the 
 general 
 
 ich evi-« 
 :he fub- 
 
 ■^'. 
 
 led 
 
 paper, 
 
 '> give an 
 e and rta- 
 bcing to 
 n known, 
 mider the 
 ) and the 
 - panits. 
 
 February 19, lygg. 
 
 In the Cafe of the Right Reverend 
 Chajrles Inglis. . 
 
 CLAIM (already referred to) complaining of the 
 aft of attainder and confifcation of the ftate°of New 
 York, as a lawful impediment, by which the recovery 
 of certam debts, the juftice whereof was not brou»hl 
 into queftion, had been prevented. ° 
 
 OBJECTIONS by the Agent for the United 
 States, as before fet forth (page 5); the firft and fe- 
 cond of which were decided as there ftated; and the 
 third referved for further confidcration. 
 
 The Board, after feveral fpecial arguments and 
 much difctiffion, proceeded to decide IheqtLVo" 
 when the majority declared it to be clearly their odU 
 nion, from the evidence before f he Rn,H fU„,. ^, 
 before the date of tlie treaty of amity, the claimant 
 could not have recovered in the ordinary courfe of iuf- 
 ticci and had not therefore been guilty of negligence in 
 
 ..ik^^a^teiii^ 
 
 .M. 
 
'*i^ 
 
 \i 
 
 :l;lh 
 
 PI'; 
 
 C 22 ) 
 
 not proceeding for that purpofe: and further, that 
 
 trom the terms of the fixth article, and the inconfift- 
 ency of the contrary pofition (as it appeared to them) 
 with the whole meaning and objed of that article, 
 the claimant was not now obUgGd to go through a 
 coiirfe of judicial proceedings, for the purpolf of 
 trying the experiment, whether the courts would de- 
 cide differently from the decifions, which had been 
 gn/en preceding the treaty of amity: " by which a 
 cc rf • ^^o "^^ ^"^ adequate' compenfation from the 
 United States veiled in thofe individuals, whofe cafes 
 ^^ were then within the defcription it contained ^ a 
 ^^ right not contingent, or fluftuating on future cir- 
 cc P^"""^!?^^^^' but perfea and entire; to be carried 
 ,, into ettedt, not according to the precarious refult of 
 ^ different experimental proceedings, in their nature 
 ' dilatory, and tending from the cofts of litigarion 
 ^^ and the protraftion of difpute, to an increafe of the 
 ^^ evil J but, by one fimple and definitive courfe of re- 
 medy, prefcribedjoindy by the two nations, in the 
 Ipirit of friendihip and peace, for the purpofe of 
 ,, Ipeedily putting an end to the only remaining caufe 
 of irritation and difcontent; and to be exclufivelv 
 ^.^ adminiflered by arbitrators, whom they have mu-. 
 tually chofen and invefted with ample powers, for 
 that wife and amicable purpofe." 
 
 To prevent avote upon this refolution, in which the 
 majority of the Board concurred, Mr. rit^fimons and 
 Mr. Sitgreaves withdrew; infilling that, notwithfland- 
 
 Ihould be made by the majority, and that " the award 
 
 « ^i .//S'/rh r"'?' «'/-^ty/^^r..of them,n.ould, 
 -iufllfpV^; behnalandconclufive; both as to the 
 
 "to be paid to die creditor or claimant," they wee 
 entitkd under the provifion, " that one of the Con ! 
 
 c^ fTinMLTiV "^V ./^ ^ ^.''^"^ ^^^^^' Commifiloncr, 
 
 .ihould be prefcnt," towidihold their prefence- or to 
 
 withdraw and break up the fitting, ior\he purpofe of 
 
 *S«Hst»i«Sll»T3S 
 
ther, that 
 inconfift- 
 to them) 
 It article, 
 hroi]gh a 
 irpofe of 
 ould de- 
 had been 
 which a 
 from the 
 lofe cafes 
 ained; a 
 ture cir- 
 : carried 
 refiilt of 
 r nature 
 tigarion, 
 fe of the 
 fe of re- 
 3, in the 
 rpofe of 
 ng caiife 
 :liifively 
 ve mu- 
 ers, for 
 
 lich the 
 ons and 
 hftand- 
 ecifions 
 ' award 
 iTiould, 
 'i to the 
 he film 
 y were 
 
 • Com- 
 ffioncr, 
 
 • i or to 
 pofc of 
 
 ( 23 ) 
 
 preventing the opinion of a majority from bein? car- 
 ried into elFedt. ^ 
 
 On the fame principle, they again feceded, or with- 
 drew, when the majority concurred in propofine an 
 additional refolution, explanatory of the above; d^- 
 clarinc , that the faid former refolution « did not af- 
 
 « A ^^^ ^^^"' ^^^^^^^ ^^^^^ ^^^ "o fatisfaftory evi- 
 
 ' dence, that the claimant could not at the date of the 
 
 ^^ treaty of amity, recover a full and adequate com- 
 
 penlation, in the ordinary courfe of judicial pro- 
 
 February 20, 1799. 
 
 Luie Cafe of Samuel Brailsford. 
 
 IN this cafe, on the motion of one of the Britilh 
 Commimoners, the Board unanimoufly paffed the 
 lollowing refolution. 
 
 cc 'i ^^^ }T^ ^'f ^"S confidered the memorial and 
 «Ml!T[ 5'"""'] Brailsford, who dates, 'that on 
 the 6th day of June, in -he year 1794, he be- 
 came a citizen/ dijmtjfed the faid claim/' 
 
 February 22, 1799. 
 
 n uji^ Kjuja oj JOS. Anderson. 
 
 CLAIM, complaining of an ad of the flate of 
 Vermont, paffed in 1779, prohibiting die return of 
 
 r 
 
 I|j 
 I. If 
 
 m 
 
 %smmmt: 
 
 •^ 
 
( 24 ) 
 
 all pcrfons who had joined the Britifli army, on pam 
 of whipping; and if they remained one month after, 
 or again returned, death; as a lawful impediment, by 
 which he was prevented from recovering his debts. 
 
 On the motion of one of the Britifli CommifTioners, 
 it was unanimoufly Ordered, that the General Agent 
 for claimants, by additional memorial, fhew caufe, 
 why the claim ought not to be difmifiedj on the 
 ground, that the ad of alTembly, ftated in the memo- 
 rial, was no lawful impediment, operating after the 
 peace^ to the recovery of the debts claimed : and that, 
 no other lawful impediment was therein referred to. 
 
 And on the 5th of March, an additional memorial 
 having been accordingly laid before, and confidered 
 by the Board, the claim was unanimoufly dijmijfed. 
 
 
 
 February 26, 1799. 
 
 THE American Commiflloners having, in conflr- 
 
 cnce, continued their fupport of the pofition, which 
 
 m the cafe of higlis they had diftindly and formally 
 
 declared, that, when they could not in any other 
 
 way prevent a decifion, by the majority, againfl: what 
 
 ihey^ (the American CommifTioners) conceived to be 
 
 the juft rights and interefts of the United States, they 
 
 were entitled, and even bound in duty, to lecede, or 
 
 withdraw from the Board for that purpofej the three 
 
 other members, who held a very different opinion, 
 
 thought they could not place their view of the fub- 
 
 jed in a clearer light, than that which was prefented 
 
 by the following refolution.-=- 
 
 « RESOLVED, that it is expedient to declare, 
 " that the Commiflloners appointed by his Britannic 
 
 Y ^^/%rm.i!^K'ji''r^msA^6i*si^L*-:,^*v>Am>iim^ 
 
 -W' 
 
( 25 ) 
 
 on pam 
 th after, 
 nent, by- 
 debts. 
 
 fTioners, 
 1 Agent 
 ' caufe, 
 on the 
 memo- 
 ^ter the 
 id that, 
 rred to. 
 
 snaorial 
 ifidered 
 
 199. 
 
 :on(Ir- 
 which 
 rmally 
 other 
 1: what 
 [ to be 
 s, they 
 de, or 
 : three 
 )inion, 
 £ llib- 
 fented 
 
 ?clare, 
 tannic 
 
 
 Majefty, are equally charged with the rights of 
 the United States under the treaty of amity^ as 
 with thofc of Great Britain, or of Bridfh fubjeds 
 claiming before this Board j and that the Commifl 
 fioners appointed by the United States, are in like 
 manner, equally charged with the rights of Great- 
 Britain, and of Britifli fubjedVs fo claiming, as witb^ 
 thofe of the United States:— that there is no dif-- 
 tindtion whatever of charader or duty among the 
 members of the Board j but that each of the Bve 
 members thereof is an arbitrator upon oath, to pro- 
 ceed diligently, and decide all queftions, whether 
 of interpretation or of fad, with perfeft impartiali- 
 ty i and without any regard to his original appoint- 
 ment, or the manner in which the opinion he is 
 bound in confcience to give, .may affecfl the inte- 
 rell of the parties concerned." 
 
 This declaration was propoicd by three members 
 
 4^4 ^°c?.^^' ^"^ ^^ recorded j but Mr. Fitzfimons 
 and Mr. Sitgreaves, thinking it their duty to prevent 
 It from being pafled by a vote, again feceded, or with- 
 drew. 
 
 ec 
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 C( 
 (C 
 C( 
 
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 <( 
 
 <c 
 
 cc 
 
 cc 
 
 cc 
 
 cr 
 
 cc 
 
 cc 
 
 cc 
 
 cc 
 
 a 
 
 February 27, 1799. 
 
 In the Cafe of Daniel Dulany. 
 
 An order, for the purpofe of bringing this cafe to 
 concluiion, was this day moved as follows. 
 
 ^ The following Order/o^l^lo^dr having, on 
 the motion of Mr. Macdonald, been read yefter. 
 oay, viz. an Order dated thp ^Ath A>..r ^c t-L____ 
 ber laft. m thefe words, ' that the cl'aimant fpeci- 
 ally fe forth within , eight days, what further 
 evidence he offers to lay before the Board in fup- 
 
 '■11 
 
 I I 
 
■ t4i*'W 
 
 rx 
 
 (C 
 
 (( 
 
 €t 
 
 (t 
 t( 
 <( 
 <( 
 (C 
 
 <c 
 cc 
 <c 
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 C( 
 
 cc 
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 cc 
 
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 ( 26 ) 
 
 * port of his claim:* an Order dated the i8th day 
 of the faid month of December, in thefe words, 
 
 * that the Agent for the United States have leave to 
 ' fee, and make obfervations, on fpecial averments 
 
 * for evidence* then laid before the Board by the 
 General Agent; and an Order dated the 8th day of 
 January laft, in thcfe words, * on the application 
 
 * of the General Agent for claimants, to appoint a 
 ' day for the examination of William Cooke, Efq. 
 
 * having been read j Ordered, that the General 
 
 * Agent for claimants fpecially fet forth, the par- 
 
 * ticular points on which he is adduced as a witnefs, 
 
 * and that the further confideration of the applica- 
 
 * tion be poftponed until to-morrow :" And 
 
 Mr. Macdonald having then mentioned, that he 
 would this day move the Board to proceed in the 
 further inveftigation of fad in this cafe, confident- 
 ly with the above orders, by authorizing the exa- 
 mination of Mr. Cooke at Baltimore, where he re- 
 fides, now accordingly moved the following Order." 
 
 " ORDERED, that the General Agent for claim- 
 ants prepare and lay before the Board, interrogato- 
 ries in this cafe to be fettled by the Board, for the 
 examination of the faid William Cooke, at Balti- 
 
 *' more. 
 
 >> 
 
 if 
 
 But Mr. Fitzfimons and Mr. Sitgreaves, thinking 
 it their duty to prevent all inveftigation in this cafe, 
 again feceded, or withdrew. 
 
 
 
 III 
 
 bl 
 
 March 26, 1799. 
 
 In the Cafe of Joseph Taylor. 
 
 ON the motion of one of the Britifh Commiflion- 
 ers, the claim in this cafe was unanimoully difmiffed,. 
 as follov)^s, 
 
 - »rfaiBi>iM»aiMiJiiia ». ' .. »*'>« , 'jtt » « i >j 
 
[8th day 
 2 words, 
 I leave to 
 /erments 
 i by the 
 :h day of 
 plication 
 ippoint a 
 ke, Efq. 
 
 General 
 
 the par- 
 i witnefs, 
 
 applica- 
 And 
 
 that he 
 ed in the 
 Dnliftent- 
 tlie exa- 
 :re he re- 
 5 Order." 
 
 3r claim- 
 errogato- 
 , for the 
 at Balti- 
 
 thinking 
 this cafe. 
 
 1799. 
 DR. 
 
 nmifiion- 
 hfmilTed^ 
 
 ( ^^7 ) 
 
 " THE BOARD having refiimed the confidera- 
 tion of the claim of Jofeph Taylor, with the re- 
 prefentation and certificate laid before them on the 
 part of the United States, from which it appears, 
 that the claimant became a citizen in the year 1788, 
 having for that purpofe, taken the oath * of abjn- 
 
 * ration of the King of Great Britain, and the oath 
 
 * of allegiance to the ftate of New Jerfey;' dif- 
 mijfedtht faid claim." 
 
 The fame day. 
 
 In the Bafe of Hanbury, and others^ 
 Executors of Mary Hanbury. 
 
 AFTER confiderable o^^ofition and argument, 
 Mr. Fitzfimons and Mr. Sitgreaves agreed to concur 
 with the three other members of the Board, in giving 
 an award in this cafe for the principal lum and full 
 intereft; while thofe three members, on their part, 
 agreed to abftain from pafTing a refolution which had 
 been prepared, and read in the Board ; ftating, (on 
 account of the difference of opinion on all the points 
 of the cafe which had till then been maintained) the 
 grounds and reafons on which they held the claim to 
 be well founded. 
 
 The principal fum in queftion was only ^^.370 fter- 
 ling fecurcd by bond ; but the cafe involved the great- 
 
 -^! j^at V ^rl ttli LiiC piiiKipiv3 VTillV,ll nui-l UCCU CUiiLClLCCl 
 
 before the Board. And the unanimous concurrence 
 in the opinion, that the claimants were entided to an 
 award, was neceffarily to be confidered, as a declara- 
 
 *-ff^- 
 
 ^3 
 
•\. 
 
 m 
 
 fiiii 
 
 i 
 
 
 m 
 
 'f 
 
 i; I 
 
 i' i 
 
 ( 28 ) 
 
 tion by unanimous opinion, that fuch of the objec- 
 tions which had been dated, or arofe fronn the fafls of" 
 the cafe, as would, if they had been v/ell founded, 
 have interpofed an infurmountable bar to an award 
 within the meaning of the treaty, were nol well found- 
 ed i and that ihe cafe was within the meaning of the 
 treaty. 
 
 The debt, as being due to a Britifh fubjed, had 
 been paid by the debtor into the (late Treafury of 
 Maryland, under the benefit of an a6t of AfTembly 
 pafled in the year 1780 j whereby it was enaifled, 
 " that all debts, promifes, contracts, covenants and 
 " agreements, thereafter made, by writing or parole, 
 " for gold or filver, or paper money, fliould be paid, 
 " difcharged, or executed, agreeable to the bond, bcc 
 " or the parole nromife or agreement, and the intent 
 " and meaning of the parties \ any law to the contrary 
 'f thereof^ notwithftanding."---" and it was alfo thereby 
 '' enabled, that the bills of credit ifTucd by Congrefs, 
 ** or emitted by any ads of AfTembly under the old 
 ^' government, or refolves of Convention, fliould not, 
 " after the paffing of the faid a6l, be a tender or pay- 
 " ment in law or equity, for any debt, &c. created or 
 " made before the firft day of September, 1776 ; un- 
 ^* lejs where the creditor had not become a Jubjecl 
 '* and refident of this orjome one of the United States, 
 ^^ ftnce the faid firfi day of September, '^11 ^\ and injttch 
 " cafe the debtor of fuch creditor, or of his afTigncc 
 *' (who had not become a fubje6V, and refident of this 
 " or fqme one of the United States, and who had not, 
 *' had an attorney in fa6t, acknowledging himfelf as 
 " fuch, for the purpole of receiving debts, always 
 " fince that time, and conftantly refiding within the 
 ** faid ftate, fince the ifl day of September, 1776) 
 " might, on making oath or affirmation," to the ef- 
 fedt therein mentioned, pay to either of the Treafurers 
 of the ftate, to the amount prefcribed by the arfV, ac- 
 cording to the circumftances required to be fet forth 
 in the "oath or affirmation, " in dijcharge of the debt 
 
 mm 
 
 Mi 
 
( ^-9 ) 
 
 I I 
 
 c objeC' 
 ; fa,€ts of" 
 x)unded, 
 n award 
 I foiind- 
 y of the 
 
 ed, had 
 afury of 
 iflembly 
 enaifled, 
 mts and 
 
 parole, 
 be paid, 
 nd, Sec. 
 be intent 
 contrary 
 thereby 
 ongrefs, 
 the old 
 Lild not, 
 or pay- 
 eated or 
 76 ; un- 
 
 Jubjetl 
 I States, 
 \ injueh 
 alTignec 
 c of this 
 lad not, 
 nfelf as 
 
 always 
 thin the 
 
 , 1776) 
 ' the ef- 
 ea hirers 
 arfVj ac- 
 et forth 
 *he debt 
 
 'f due to fitch creditor,'* in the bills of credit therein 
 defcribed : and that ** fiich payment flioiild be deem- 
 •' ed in law a payment offuch creditor, or his afllgnce; 
 ** and the Treafurers' receipt jhou/d be good evidence in 
 *' the courts of law and equity, of the payment of 
 <' fuch debt " 
 
 The debt in qiieftion was not within any of the de- 
 fcriptions to be faved by this a(5l. Having been con- 
 tradted before the pafllng of the ad, it was by the 
 converfe of the firft claiife, not to be " difcharged ac- 
 " cording to the bond, promife or agreement, or 
 " the intent and meaning of the parties-;' And being 
 due to perfons who had not become " fubjeds, or 
 ** refidents, of any of the United States, and who 
 " could not" therefore, derive even a remote benefit 
 from a payment of their money into the Hate treafu- 
 ry, it was made liable to be difcharged by flich pay- 
 ment. 
 
 But the creditor, Mary Hanbury, a Britifh fubjedl, 
 relying on the fourth article of the treaty of peace, 
 brought her adion in Augull, 1786, notwithftanding 
 the above payment and legal extindtion, againft the 
 debtor Stephen Welt, in the general court of Mary- 
 land ; where judgment was given, according to a 
 judicial agreement, by memorandum on the record, 
 in the following terms. — " Judgment was rendered in 
 " this caufe on the 14th day of November, 1787, for 
 ** the value of the bond, in current money and colts of 
 " fuit, fubjed, neverthelefs, to the following terms, 
 '* viz. The plaintiff agrees to releafethis judgment, in 
 " cafe the courts of law of this Jiate Hiall finally de- 
 '* termine, that payments into the Treafury, agreea- 
 '* bly to the adt of Odober, 1780, c. 5, entitled, 
 " An adt for calling out of circulation the bills of 
 " credit, &c. is good in law — The Plaintiff agrees to 
 f* releafe the interefi due on the bond during the war, 
 " between the 4th day of July, 1776, and the 
 *' ^-^y of 1783, the date of the definitive 
 
 ** treaty, in cafe the courts of law of this ftnre fliall 
 
■-S 
 
 
 li f 
 
 m 
 
 
 iifii I 
 
 cc 
 
 cc 
 
 <c 
 
 ( 30 ) 
 
 finally determine, that intereft on bonds to Brltlfh 
 fubjecls during the war, or any pare of the faid time, 
 cannot be recovered by them." 
 
 The general court of the (late decided in favour 
 of the Britijh creditor, on the above qiieftion of pay- 
 ments into the (late treafury, with dedu6i:ion of inte- 
 reft during the warj but the high court of appeals of 
 the ftate, decided the queftion uniformly againft the 
 Britifli creditor. 
 
 The above queftion, on payments into the ftate 
 treafury, had in particular been fo decided againft the 
 Britifli creditor, by the faid high court of appeals of 
 the ftate, on the 9th day of June, 1795, in the cafe 
 of Hay wood againft Clark adminift, itor of Ruffel-y 
 notwithftanding the fourth article of the treaty of 
 peace, and a fpecial ad of afiembly of the ftate, da- 
 ted the 14th day of May, 1787, in the following 
 ftrong terms: " Be it enabled, &c. &c. and it is de- 
 " clared, that the treaty of peace, made between the 
 " United States of America and his Britannic Ma- 
 " jefty, is thejupreme law within ihefiate^ and ftiall 
 *' befo confidered, and adjudged, in all courts of law 
 " and equity; and all caules and queftions, cogniza- 
 " ble by the faid courts, refpe6lively, ought, and 
 '■^ fid all be, determined according to the faid treaty, 
 " and the tenor, true intent, and meaning thereof:" 
 — and alfo, notwithftanding the eftablifliment of the 
 federal conftitution, which was adopted by the ftate 
 of Maryland, on the 28th day of April, 1788; the 
 fixth article of which contains in terms not ieis abfo- 
 lute, the following declaration, vizj " This conftitu- 
 tion, and the laws of the United States which fliall 
 be made in purfuance thereof; and ail treaties made, 
 or which fliall be made, under the authority of the 
 United States, jhall be thejupreme law of the land\ 
 and the judges /// every ftate, fliall be bound there- 
 
 <( 
 
 (i. 
 
 i( 
 
 li. 
 
 (C 
 
 cc 
 
 V i any CiiiOg m tilt cOiiitiniLivyii, or iawo w 
 
 ')» 
 
 '^ftati'y to the contrary^ notwithftanding." 
 
 // ii/ij 
 
 f I 
 
 ■iiilili 
 
■'fXt-„-,y^' 
 
 
 to Brltlfh 
 faid time, 
 
 in favour 
 n of pay- 
 1 of inte- 
 ippeals of 
 'ainft the 
 
 the ftate 
 ^ainft the 
 ppeals of 
 1 the cafe 
 f Rujel; 
 treaty of 
 late, da- 
 bllowing 
 i it is de- 
 wecn the 
 inic Ma- 
 and Hiall 
 ts of la'-iV 
 cogniza- 
 ght, and 
 d treaty, 
 :hereof:" 
 It of the 
 the ftate 
 '88; the 
 eis abfo- 
 conditii- 
 iich fliall 
 es made, 
 ty of the 
 'he land', 
 id there- 
 's of any 
 
 ( 31 ) 
 
 And the precife fame qiieftion, on payments into 
 the loan office of Virginia, had, in the year 1793, 
 been determined againft the Britifh creditor, in the 
 cafe of llylton and others againil Jones-, not by a 
 ftate court, but by federal judges in a federal court, 
 under the new conilitutioni namely, the Circuit court J 
 of the United States i—alfo, notwithftanding the 
 fourth article of the treaty of peace, and the fixth 
 article of the federal conftitution, before recited. 
 
 Nor was it till February 1796, after the conclufi- 
 on of the treaty of amity, that the law was declared 
 to be the reverfe of what it had, by federal as well as 
 ftate judges, been declared to be, before that treaty; 
 by the reverfal in the fupreme court of the United 
 States, of the decifion which had been given by the 
 circuit court, in the above mentioned cafe, of Hyl- 
 ton and others againft Jones : in conlequence of which 
 reverfal in the fupreme court,* the decifion of the 
 high court of appeals of the ftate of Maryland, in 
 the cale of Harwood againft Clark, was alfo there re- 
 verfed. 
 
 Such had been thecourfe, and was the ftate of the 
 law, when the claim in this cafe was laid before the 
 Board. It was the firft cafe which ftood ripe for de- 
 termination in the Board, on the queftion arifing 
 from fuch payments of Britifli debts into ftate trea- 
 furies; and it difclofed the following points of im- 
 portance. — 
 
 The impediment complained of was a plea; put 
 in after the peace, on a legiflative ad, which at the 
 time when the claim was prefented, under the treaty 
 of amity, was fettled by a decifion in the laft refort, 
 
 X The Circuit Court of the United States is not a Court of Nifi 
 Prius, hut a court of high original, as well as appellate jurifdidion j 
 and next in rank, to the Supreme Coiut of the Union. 
 
 * The cafe of the Britifh creditors, plaintiffs in error, was argued 
 by £, Ttlghman ; and that of the defendants by MarJhaUoi VirgTnia, 
 3 Dallas's Reports 199. 
 
 J 
 
 .. 
 
 K 
 
 •Jiii liilMiiii'iiinr'V"' 
 

 'Ml 
 
 l-> "i 
 
 iiii 
 
 ■'( r- ) 
 
 to Kavc been virtually repealed by the treaty of peace ; 
 the contrary having been held to be the law, at the 
 date of the treaty of amity. 
 
 The impediment operated by means of the aSt of 
 the creditor who releafed the judgment -y and not by 
 operation of law, without the intervention of any a(i 
 of the creditor; fuch a61: however, being a reasona- 
 ble zSii to which the uncertain ftate of the law, for 
 want of a fpecial repeal, gave rife. 
 
 Th-^ cafe was capable, (as Mr. Sitgreaves, who 
 was particularly converfant in the judicial proceedings 
 of the courts, maintained) of being put in a train, 
 notwithftariding the judgment and releafe thereof by 
 the creditor, fuch as would ftill enable the claimants 
 to avail themfelves of the decifion, which, fince the 
 treaty of amity, had on the fame queftion, been given 
 by the fupreme court of the United "tates, in favour 
 of Britifh creditors, by means of judicial proceedings, 
 which might now be inftituted for that purpofe. 
 
 Further, it prefented the cafe of the inferior court 
 (the general court of Maryland) deciding in favour 
 of the Britifh creditor, on the treaty of peace; and 
 t\\t/uperior court (the high court of appeals) de- 
 ciding againft the Britifh creditor, on the fame quefli- 
 on. 
 
 And laflly, it exhibited a5fual decifions againfl the 
 acknowledged import, as now fettled, of the fourth 
 article of the treaty of peace, both by 2i federal and a 
 high ftate court, leveral years after the adoption of 
 the new conftitutiony and the ejlablijhment of the fede- 
 ral judiciary ; contrafled with the theory, that, every 
 breach or difregard of the fourth article of the treaty 
 of peace, as now fettled, became impoffible as Joon 
 as the new conftitution and federal judiciary was ef- 
 tabiifhcd -, becaule by that new conilitution, treaties 
 
of peace ; 
 LW, at the 
 
 the aSt of 
 md not by 
 of any adb 
 a reafona- 
 e law, for 
 
 avesy who! 
 roceedings 
 in a train, 
 :hereof by 
 
 claimants 
 , fince the 
 )een given 
 
 in favour 
 Dceedings, 
 Dofe. 
 
 nor court 
 in favour 
 eace; and 
 peals) de- 
 me quefti- 
 
 igainft the 
 the fourth 
 ^eral and a 
 doption of 
 fthefede- 
 hat, every 
 the treatv 
 )le as Joon 
 ry was ef- 
 n, treaties 
 
 ( 33 ) 
 
 were declared to be the lav/ of the land ; and the fe« 
 deral judiciary were bound to adhere to the federal 
 conflitution. 
 
 The Board having unanimoufly agreed, as already 
 dated, that an award fhould be given in favour of 
 the claimants, and of courfe that the cafe was within 
 the defcription of the treaty, an order was made on 
 the General Agent for claimants, to make up an ac- 
 count of the debt ; and on tht; Agent for the United 
 States, to prepare the draft of fuch an ajfignment of 
 the debt, as he would prooofe to have executed in 
 their favour. 
 
 The Attorney General having, however, thought it 
 his duty to inftrud the Agent for the United States not 
 to comply with the order ; infilling, that he was not 
 hound to make fuch drafts ; the Board, who had made 
 that arrangement on the principle that the Agent of the 
 party, for whofe benefit a deed was to be executed, Ihould 
 prepare the draft; and for the purpofealfo of preventing 
 little controverfies, or objedions, which might other- 
 wife be ftated to any draft that could be propofed, 
 were afterwards induced, (though againll their opinion 
 of propriety) to order the General Agent for claimants 
 to make the draft. — A draft was accordingly made by 
 him; — it was objeded to by the Agent for the United 
 States ; — the award was thereby delayed ; and while 
 the whole Board ftill concurred in the opinion, that 
 the claimants fhould have an award, none in fad was 
 ever given. 
 
 The opinion of the Board, on the points which the 
 cafe involved, was, however, as much declared by 
 their agreeing that an award (hould be given,* as if it 
 had adlually taken place. 
 
 • It need hardly be mentioned, that no power of compromife y or in 
 matlers cill-nt al, ot exprci's conc\nrcnce without approbation, is 
 given to the CoinmiiViuners. Each ot them is bound by his oath to 
 decide for or againft a claim, ;ik;curding to the beft of his judgment, on 
 
 lis lUClit': , 
 
 E 
 
 N... 
 
< 34 ) 
 
 41 
 
 April 19, 1799. 
 
 In the Cafe of Samuel Kerr. 
 
 ON the motion of one of the Britifli Coinmifllon- 
 ers, the claim in this cafe was unanimouily dijmijfedi 
 on the ground that the claimant, and the other fiir- 
 viving partners of Kerr, Mitchel, & co. in behalf 
 of whom he claimed, had according to his own a^J.- 
 miflion, become citizens of the United States. 
 
 m 
 
 April 24, 1799. 
 
 On the Petition of Joseph Cunliffe. 
 
 IN the exercife of the difcretion given by the 
 treaty, J the Board, on the motion of one of the 
 Britifli Commiflioners, made the following Orders. 
 
 " The Board having confidered the petition of 
 Jofeph Cunliffe, and that no reafon is ftated why his 
 claim was not prefented within the eighteen months 
 prefcribed by the treaty i-^difmiffed the faid claim. 
 
 I A term of eighteen montlis fiom the fiift conftitution of the Board 
 -as afligned by the article for receiving complaints and applications \ 
 :~— : -..-... ...1- i!-. "•-itjifcieis aimiojizcu in any particu- 
 
 was 
 
 «' lar cafes, in which itjhould appear to them to be reafonable anJiuJl, 
 « to extend the laid term of eighteen months for any term not exceed- 
 *' ingyw months J after the expiration thereof/' 
 
 iH 
 
 Ulil^ 
 
( 35 ) 
 
 1799- 
 I. 
 
 imifllon- 
 'ijmijfedy 
 her fur- 
 n behalf 
 
 On the Petition (?/ Aquila Giles and 
 Eliza his Wife. 
 
 " ORDERED, that the General Agent for claim- 
 ants fet forth, at what time the petitioners did confult 
 counfel, as dated in the petition ; whether they were 
 advifed, that they could not prefent their claim to this 
 Board till letters of adminiflration were obtained; 
 ivhen they applied for the faid letters of adminiftration ; 
 when they were obtained j and when the memorial, dated 
 to have been fent to the General Agent, was fo fent." 
 
 »799- 
 
 IFFE. 
 
 by the 
 I of the 
 )rders. 
 
 ition of 
 why his 
 months 
 claim. 
 
 May 7, 1799. 
 
 On the lafi mentioned Petition. 
 
 THE two following cafes were this day difmified 
 on the motion of one of the Britiih Commiflioners. 
 
 " THE BOARD having confidered the petition 
 of Aquila Giles and Eliza his wife, were of opinion, 
 that no fufficient reafon was given why the claim was 
 not prefented within the eighteen months prefcribed 
 by the treaty; and therefore difmijfed faid petition." 
 
 the Board, 
 ilicutions j 
 ly partlcu- 
 le anJjuJlt 
 ot exceed- 
 
 On the Petition of Robert Watts. 
 
 " THE BOARD having confidered the petition 
 of Robert Watts, were of opinion, that no fufficient 
 
 I 
 
( 36 ) 
 
 reafon was given why the faid claim was not prefent- 
 ed within the eighteen months prefcribed by the trea- 
 tyj and therefore ^//;«i/7^^ the faid prrition." 
 
 I 
 
 1 
 
 ■A 
 
 il 
 
 May 17, 1799. 
 
 In the Cafeof William R. Lidderdale. 
 
 CLAIM, complaining of an ad of the ftate of 
 Virginia, pafled in 1777, authorifing payment of 
 debts, due from citizens of the ft ate to fubje^s of 
 Great Brit am ^ into the Lean Office of the ftatej and 
 which payment, was thereby declared to be a dif- 
 chargeof thedebt; the faid adl having been adjudged, 
 in a cafe precifely fimilar, in which the aftion was 
 inftituted on the eftablifliment of the federal judicia- 
 ry, and brought to a decifion in the Circuit Court of 
 the United States, in the year 1793,* to be in force, 
 as a bar to Britilh creditors, notwithftandingthe fourth 
 article of the treaty of peace, and that during the 
 operation of the faid a6l, as a lawful impediment to 
 the recovery of all fuch debts, viz. in the year 1795, 
 the debtor (Randolph) diedj after having fettled his 
 property, to a great amount, upon his family. 
 
 OBJECTION by the Agent for the United States ; 
 —that, as payment into the Loan ofEce under the 
 faid aft was, in the year 1796, declared by the Su- 
 preme Court, not to be a difcharge of the debt, or 
 bar to the creditor, it was in law to be confidered, as 
 never having been fo j— and that, befides, the claim- 
 ant was bound to inftitute proceedings in Equity, 
 for the purpofe of fctting afide, as fraudulent' the 
 
 * See t!K Cafe of Hanhury, fupra. 
 
 .. m-nttmrns^'^ . 
 
prefent- 
 he trea- 
 
 799- 
 
 DALE. 
 
 late of 
 lent of 
 k^s of 
 ej and 
 
 a dif- 
 udged, 
 m was 
 Lidicia- 
 ourt of 
 
 force, 
 fourth 
 ng the 
 lent to 
 
 i795» 
 led his 
 
 ( 37 ) 
 
 conveyances of property made by the debtor after the 
 treaty of amity, and during the dependance of the 
 faid queftion in the Supieme Court. 
 
 THE BOARD refolved, (Mr. Fitzfimons and 
 Mr. Sitgreaves diflenting) that the recovery of the 
 debt in queftion, fo paid into the Loan office of the 
 ftate, was impeded by the operation of the faid ad, 
 which, having never been removed by a repeal, was 
 pleaded in the courts, and folemnly adjudged in the 
 year 179J, by a court of federal jurifdidion, to be a 
 bar to the Britilh creditor, notwithftanding the treaty 
 of peace; — and that, although the claimant were 7Jow 
 bound to go through the ordinary courfe of judicial 
 proceedings, for the recovery of the debt in quefti- 
 on, it would not be incumbent on him, to infti- 
 tute proceedings, for the purpofe of fetting afide 
 fraudulent conveyances; fuch proceedings for the 
 detedlion and difcovery of fraud, not being in the or- 
 dinary courfe of judicial proceedings for the recovery 
 
 of debt, within the meaning of the article. Re- 
 
 ferving all other points in the cafe ; and the full effed 
 of all fads, and circumftances, to ftiew, that the lofs 
 complained of was occafioned by the infolvency of the 
 debtor, or other caulcs, which would equally have 
 fo operated, if no fuch lawful impediments had exift- 
 edj or by theomiflion, or negligence, of the claim- 
 ant, within the provifo of the article. 
 
 states ; 
 er the 
 le Su- 
 bt, or 
 ■ed, as 
 :laim- 
 quity, 
 t, the 
 
 .<a&- 
 
 May 11, 1799. 
 
 /;/ the Cafe 0/ Clark, Adininiflrator of 
 Russell, on the Debt of ]. Dorse y. 
 
 CLAIM, complaining of the ad of the ftate of 
 Maryland, pafled in the yeur 1780, authorizing pay- 
 
 ■Jm-mmm^m^-- 
 
i 
 
 41 
 
 ■If 
 
 
 
 Ji 
 
 
 1! 
 
 
 ,1 
 
 1 
 
 
 b 
 
 1 
 
 i 
 
 ( 38 ) 
 
 ments into the treafiiry of the ftate, in difchargc of 
 debts due to perfons who were not " fubje61:s, and 
 " refidents of fome one of the United States," fimi- 
 lar to the Loan office payments, in Virginia; part of 
 the debt in queftion having been fo paid into the 
 treafury of the flate, and a cafe exadtly fiinilar (the 
 cafe of Harwood againft Clark adminiftrator of Ruf- 
 Jel before mentioned) decided againft the claimant in 
 the higheft court of the ftate, in the year 1795 ; where 
 it was held, that the faid a6t of 1780, remained in force 
 againft Britilh creditors, notwithftanding the fourth 
 article of the treaty of peace, and that payment un- 
 der it, into the treatury, was adifcharge of the debt. 
 
 OBJECTION by the Agent for the United States, 
 the fame as in the preceding cafe: — and that the 
 claim was not at any rate good beyond the fum adlu- 
 ally paid into the treafury. 
 
 THE BOARD refolved, that the faid ad was 
 a lawful impediment within the meaning of the trea- 
 ty: rejerving the queftion, whether it operated be- 
 yond that part of the debt which was paid into the 
 treafury; and alfo referving, the full effect of all fa6ts 
 and circumftances to ftiew, that the lofs complained 
 of was occafioned by other caufes, as in the prece- 
 ding cafe. 
 
 N. B. The debtor had been difcharged as an infol- 
 vent debtor in the year, 1788. 
 
 « 
 
 (( 
 
 June 21, 1799. 
 
 (< 
 
 (( 
 
 J./i' l>lJO KJUit C/7 i. 
 
 u O w ivi A N unuf ui' ut^r j • 
 
 CLAIM, on account of alledged lawful impedi- 
 ments, for debts which had been fued for at law. 
 
np»«M^HlM»>-^ 
 
 :hargc of 
 ecSls, and 
 s," fimi- 
 ; part of 
 into the 
 ilar (the 
 r of Ruf- 
 iimant in 
 5 ; where 
 d in force 
 le fourth 
 nent iin- 
 the debt. 
 
 E^d States, 
 
 that the 
 
 um adu- 
 
 a6l was 
 the trea- 
 'ated be- 
 into the 
 f all fads 
 mplained 
 be prece- 
 
 an infol- 
 
 1799. 
 
 ^> -/ /« y^ MM /% 
 
 impedi- 
 at law. 
 
 ( 39 ) 
 
 OBJECTION by the Agent for tlie United States • 
 that fu.ts niould Ihll be brought, as well for afcer- 
 wining the amount, as to prove, that the payment 
 IS not attainable from die debtor; or to excufe the 
 claimants, for the negleft of not making perfonal 
 " application for the debts." ° F'=""nJ' 
 
 Sitgreaves diffenting) « that it is not mcumbent* on 
 claimants noiv to bring aftions, or inftitute foits 
 or in any other manner to proceed againft the debt' 
 
 ent individuals in Londcm, who w^e^on en ed n l\ "' '"^ ^n^'" 
 by one of the Britiih Con^iiflionc.: 7oon "S he had tcred 'o^H ' 
 office, It cannot be improper here, to ^Ive Mp +1 1 ^^ °* ^''^ 
 from.hat nKmorandum it lubfta ,ce o? whic l^vi "'''"^^, 'f'? 
 lemembered by n.any of 'thole to wj'om it was add,:ii'd " '°"'^' '^ 
 Knowing, as I did, the fair and honourable views of Hi, lU.' c 
 
 " tne uelcnption of the article- in,? ft..;Ai T^ "-".gc, wjtniu 
 
 «' verlion or abulb TI is tV.v ifl' ^ ^' *^ 8"'^!'^ '''g-'ii"'^ its per, 
 
 " pedtri'r irm; c^f"' ^"t""^' '"'" ^^^'^^ ^^^^^her it was ex- 
 tliat, un the contrary, every well meant mealluc- to lellen the da. 
 
 i 
 
 I 
 
( 40 ) 
 
 " or, or his eftate, for the recovery of the debts on 
 which compenfation is claimed, or any part of 
 them; — without prejudice to the queftion, whe- 
 ther the claimants ought i?efore to have fo procee- 
 ded; or whether, the lofs complained of, or any part 
 " of it, has been occafioned by the manifeft negli- 
 " gence, or wilful omiflion, of the claimants, with- 
 " in the intent and meaning of the provifo in the 
 " treaty of amity." 
 
 €( 
 
 C< 
 
 €C 
 
 CC 
 
 ( 
 
 i 
 
 r 
 
 V 
 
 June 26, 1799. 
 
 \ In the Cafe of George Anderson. 
 
 i 
 
 I 
 
 \ CLAIM for debts, due from Robert Hart and 
 /John Marfhall, of Virginia, the recovery of which 
 ; was alledged to have been prevented, by the lawful 
 impediments before referred to.— ' 
 
 OBJECTION {inter alia) '* that Robert Hart 
 " was infolvent at the peace, and his eftate unequal 
 
 (C 
 
 |^ 
 
 <« mage, would be rneiitorious ;— all /rr/i/Zow/t/ proceedings however, 
 *• luch as no prudent man would relbrt to in his own aftairs, neceffari- 
 «' ly creating expence, without a realbnable prol'peft of luccels, were 
 " to be avoided ; as the additional lofs thereby occafioned, never 
 *< could be the ground of a claim for compenfation. 
 
 « I added, that the Board would no doubt take occafion, as eai ly as 
 «* poiTible, to declare their opinions on fuch geiieral queitions, as 
 «' fhould arife out of the cafes before them j and it would therefore 
 «« be extremely material for the parties, that claims ftiould be pre- 
 «* Tented without delav •. even though the evidence were not ready ;— 
 «' for many leading points might be determined, on the lUtemcnts 
 •« contained in the claims themfelves. 
 
 '« I communicated the fame general fuggeftlons in all my occafional 
 «« converfations at London, with pcrfous interelled under the com- 
 
 <t 
 
 C( 
 
 CC 
 
 CC 
 
 Cf 
 
 CC 
 
 CC 
 
 CC 
 
 «( 
 
 mi 
 
 iTior 
 
debts on 
 
 part of 
 
 3n, whe- 
 
 procee- 
 
 any part 
 
 ft negli- 
 
 ts, with- 
 
 b in the 
 
 1799. 
 LSON. 
 
 lart and 
 of which 
 e lawful 
 
 ;rt Hart 
 unequal 
 
 gs however, 
 ,, neceffari- 
 ccels, were 
 )ned, never 
 
 as eai ly as 
 neltions, as 
 Id therefore 
 jld be pre- 
 )t ready ;•— 
 ;: lUtetncnts 
 
 jr occafional 
 ,er the cum- 
 
 IS 
 
 y 
 
 ( 41 ) 
 
 ebrs, but that <^ until tdti.nony wL. ottered by 
 
 the clanuant t() Jhe-za the Jolvcncy^^ Robert Hart 
 
 at the peace ,t woi.lci b. premature in the Agent 
 
 v^nf ' United States, to ofll-r evidence of his iill- 
 
 M.7"/' ^"^^^^P !^'^^^'"^^ '^''' '^'^ proceeding's in 
 the cafe would thus be ii.lpended, on the qucRion of 
 cnusprcbamlu which they had before f.ttld bv the 
 relohinon of die 6th Auguft 1798, in the caleof W i ! 
 liam Cunninohani and Company, referred to that 
 re olut.on, ami refolved, (Mr. FitzHmons and M? 
 ^itgreaves dnlenting) that whatever, in law, ^' or the 
 
 " Smnr^f ''' '' "^^^ ^"^'^^ P'^^^^^d [he 
 ^^ claimant from proceeding tor the recovery of his 
 
 - '^™'5 'r f ^^''"''^ '' ^'^^^•^ impediment which 
 '•{ifin^ f t '"'^'^''^' confequently, the lofs 
 "/ /tlT'l^^'r"^' recovering, was, in the ^7? 
 
 ^^ iav. il imped,n.ent;^fo that it was not incumbent 
 
 on the clanmnt, to prove the folvency, or capaci- 
 
 y of the debtor, to fatisfy the credito'r at, or fince 
 
 "tt'rr.V '^^-7 ^^ ^'- '^"'^^-l ^^tates, to meet 
 able evidence to the contrary. " 
 
 And to prevent mifapprehenfion, they thought it 
 expedient to exprefs themfelves on this occafon as 
 follows ,~-'c And although the Board are to be de'te ! 
 
 mined by principles of found reafon and inftice 
 
 "o^diffi^'i: ^' '^'ff ^^ fuggellions of h'ardfi? 
 
 or difficulty yet defirous as thev are, in this areat 
 ;; nanona bufinefs, to difcharge their duty in a S^ 
 
 nei which rnay be as generally fuisfidlory as the 
 ^^ natural premd.ces of parties interefled will Lmit! 
 ^^ they think it not improper, in confideration of the 
 ^^ earneft oppofition wliich was made in the Board to 
 
 tne above recited refohrinn. in rh^ o.,r.. ^r r>.... 
 
 ion, in the cafe of C 
 
 un- 
 
[A. 
 
 I 
 
 i 
 
 ( 42 ) 
 
 i ' 
 
 fc'-i 
 
 " ningham and company, on the ground, that it ne- 
 ** vcr could have been intended, to impofe To great 
 " a hardjhip on the United States j to fuggefl the 
 " reflexion, that it cannot prove a talk of greater 
 " difficulty to the United States, with all the means 
 '* of enquiry, and information, which they poflefs, 
 ** and under their refponfibility ot indemnifying againll 
 ** lawful impediments to the recovery of juft debts; 
 " to fatisfy this Board, on fufHcient evidence, of what 
 " muft, in many inftances, have been and may llill 
 " be, matter of great notoriety, viz,, that at a certain 
 *' period, a debtor was in fuch a fituation, that, ac- 
 " cording to reafonable inference.^ he could not have 
 " raifed money, or procured fecurity, for the pay- 
 " ment of a certain debt; although the full force of 
 *Megal execution, had been brought againft him; 
 ^' than it would be to a foreign creditor, perhaps the 
 " reprefentative only of him who made the contrad, 
 " and totally unacquainted with the former fituation 
 " of the debtor, to bring evidence of the reverfe; — 
 *' the fads and circumftances neceflary to eftablilh 
 " the latter propofition, being in their nature, at leail 
 " as much afFeAed by the long lapfe of time fince the 
 " peace, when every lawful impediment, to the full 
 " recovery of the debts in queftion, ought to have 
 ^' been removed, as thofe, by which the former may 
 "be fubftantiated ; and fuch lapfe of time, fo im- 
 " pairing the means of evidence, being the juft caufe 
 " of complaint, not to the United States, but to 
 " creditors only, wherever the delay appears to 
 " have arifen, from the operation of lawful imped i- 
 " ments to the full recovery of debts, fairly contraft- 
 " ed before the peace, and prote6led againft fuch im- 
 ^* pediments by the fourth article of the definitive 
 i' treaty/' 
 
( 4J ) 
 
 Lit It ne- 
 Ib great 
 ;gefl: the 
 ' greatt'i* 
 e means 
 
 poflefs, 
 g againll 
 ft debts; 
 , of what 
 11 ay llill 
 a certain 
 haty ac- 
 lot have 
 he pay- 
 force of 
 ift him; 
 haps the 
 :ontrad, 
 fi tu at ioa 
 verfe; — 
 eftablifh 
 , at lead 
 fince the 
 the full 
 to have 
 Tier may 
 
 fo im- 
 uft caufe 
 , but to 
 pears to 
 imped i- 
 :ontra(5t- 
 fuch im- 
 Jefinitive 
 
 June 26, 1799. 
 In the Cafe of Andrew Allen. 
 
 THE following refolution was, on the motion of 
 one of the Britidi Commiflioners, this day unani- 
 moufly pafled. 
 
 " The Board taking into their confideration, the 
 following palfage in the obfcrvations on the reply, 
 viz. 'In the cafe of Dodlor Inglis, the Board on 
 'the 2ift of May, 1798, refolved, 'that the claim- 
 
 * ant's charader of Britilh fubjed, was not afFedled, 
 
 * or impaired, by t\\^A6ko( attainder and conff cation] 
 
 * pafled by the State of New York, on the 2 ift of Oc- 
 
 * tober, 1779, attainting him, theEarl ofDunmore, 
 
 * Governor Tryon, Sir Henry Clinton, and many 
 
 * other Britifh fubjefts, who are therein defcribed, 
 
 * not as Jubje5ls of the ft ate, but as perfons holding 
 ' or claiming property within the ftate; and for- 
 
 * feiting and confifcating their whole eftates real and 
 
 * perfonal, for their adherence to his Britannic 
 
 * Majefty; but that on the contrary, the faid ad of 
 
 * attainder, and the defer iption of Loyalill or Re- 
 
 * fugee, applied to the claimant on the part of the 
 
 * United States in confcqucnce of his Hiid adhe- 
 
 * rence, are ronclufive evidence, that he ftill main- 
 ' tained his original allegiance: that therefore, he 
 
 * is entitled to claim before this Board, under the 
 ^fourth article of the definitive treaty of peace, 
 ' and the ftxth article of the treaty of amity, be- 
 
 * tween His faid Majefl:y and the United States/ 
 
 * This refolution has been exadly recited, becaufe 
 
 * it may be underftood to have omitted the cafe of 
 
 * the claimant, who, in the ad of attainder and for- 
 < feiture, is exprefsly defcribed as a fubjed of the 
 
 * State of Pennfylvania, and punilhed as fuch, byafor- 
 
 * feiture of his eftates and debts. Indeed, the expref- 
 
 * fions in this refolution feern to imply, that if Dodor 
 
 
; 'II 
 
 Si 
 
 ( 44 ) 
 
 * Ltglis li;id been attainted /is a Juhjctl of Ne^io York, 
 ' and his debts confifc at ed for a crime committed by him 
 
 * as a Juhjetl^ the Board would have difinifled his 
 ' claim. The diflindtion fo explicitly taken by the 
 ' Board, between attainting and punifliing a man as a 
 *■ Jiibje^y and attainting and punilhing him ' as a per^ 
 '-Jon holding or claiming property within the Statey 
 
 * miift have been meant for fome ufc. At all events, 
 
 * this refolution cannot be confidered, as deciding, 
 
 * that the fourth article of the treaty of peace fet 
 ' afide legiflative a6ls of attainder and forfeiture, 
 ' paflfed aQ;ain{l individuals defcribed and holden as 
 
 * fubjeds of the ilate, and punilhing them for their 
 ' criminal condu6l. There is certainly a difference, 
 
 * between a confifcation of an enemy's property by 
 
 * the right of war, and, a forfeiture of a fubjed's 
 ' property by law for criminal condudl.* 
 
 " RESOLVED — That in the abovementioned re- 
 Iblution in the cafe of Dr. Inglisy the Board did 
 not decide on the diftindion, ilated in the above 
 pafTage to be " between attainting and punifliing a 
 " man as a fubjeft, or attainting and punilhing him 
 " as a perlbn holding or claiming property within the 
 " ftate;" having only referred to the lad for the pur- 
 pofe of fliewing, that the cafe Itood clear of all ob- 
 jedion on the' ground of that alledged dillindion." 
 
 July 9, 1799. 
 
 In t'hc fame Cafe. 
 
 CLAIM, for lofles, arifing from the non recove- 
 ry of debts due to the claimant, being a Jubjedl of 
 His Britannic Majejly, through the operation of an 
 
'lo Tork, 
 d by him 
 Red his 
 by the 
 nan as a 
 s a per- 
 Statdy 
 events, 
 ."ciding, 
 iace fet 
 rfeitiire, 
 Iden as 
 br their 
 Ference, 
 tny by 
 ubjcd's 
 
 )ned re- 
 ird did 
 above 
 hing a 
 ng him 
 [hin the 
 
 le pur- 
 all ob- 
 on." 
 
 ( 45 ) 
 
 act of attainder and confifcation, pafled againft him 
 
 as a Jubje5l of Pennjyhania, by " the reprefenta- 
 
 nves o tlie freemen of the Commonwealth of 
 
 Pennlylvania," on the 6th day of March, 1778- 
 
 for the crime of high treajon, in having, « contrary 
 
 to the allegiance which he owed to the faid ftate 
 
 ' joined and adhered to the army of the King of 
 
 ' Greac Britain," the faid ad of attainder and con- 
 
 hlcation beuig a lawful impediment, which operated 
 
 againft the fourth article of the treaty of peace, and 
 
 within the meaning of the fixth article of the treaty 
 
 or amity. ^ 
 
 OBJECTION, dated on the part of the United 
 btates, as " the fir ft ground of defence'' before the Board • 
 r-that, as the claimant was an inhabitant of the llate of 
 1 ennfylvania at the date of the declaration of Inde- 
 pendence, he v^^zafuhjeSf of that ftate, for that, 
 ^^ in taet, the United States were independent fo ear- 
 
 ly as 1775, and, on the ever glorious and memo- 
 
 cc ,f ^'^ ']^ ^f^> ^776, they folemnly and for- 
 
 ^^ mally, r.eclaied to the world, that they were inde- 
 
 pendent:" -" that tlie formal acknowledgment 
 
 of his Ki-itannic Majefty, added nothing to their 
 real Independence, and if tl-^ treaty of peace had 
 
 ^^ never been made, the United States would haveac^ 
 tuaily continued an independent nation, though at 
 war with Great Britain to this moment." .And 
 
 that, " -' - ' 
 
 tt 
 
 though Andrew Allen, after being a fubjeSi 
 Pcnnjylvama, joined the Britifli forces in De- 
 
 I 
 
 
 '99. 
 
 •ecove- 
 
 je£i of 
 of an 
 
 « -n- 1" , '■^ j^ic^jc,, duu as Its lUOieCt to 
 
 punilh him, ^ conduduig, that he was not en- 
 titled to the benefit of the fourth article of the treaty 
 of peace, or iixth article of the treaty of amity. 
 
 THE BOARD findin.g; that the ob^cvflion hi li^ 
 mine, thus taken and argued before thcm,^Vreciuded 
 all further inveftigation, took up the queilion, fo far 
 
 <"'¥^*»ite.il*Uijila««6^3««lii» 
 
 
'd 
 
 !' 
 
 I 
 
 ( 46 ) 
 
 only, as it was neceflaiy to the determination of the 
 claimants' national charadter, and right, to claim — 
 And, after full argument and difcuflion, and with re- 
 ference to opinions which had been folemnly delivered 
 by the Judges of the United States, a majority of the 
 Board propofed a refolution, ftating, among other 
 things, that " the only difference between tiie qiief- 
 " tion in this cafe, and that which is ftated inthepre- 
 *' ceding refolution, confifted in the different words 
 " ofdefcription, contained in the two feveral ads: but 
 *' as theadl of the ftate ^iPennfylvaniay could not have 
 " any greater effeft or operation againll the fourth ar- 
 " tide of the treaty of peace, than that oi' New York-, 
 " and as the f3.6t charged to be a crime, viz. adherence 
 *' to the caufe of His Britannic Majefty, was the fame 
 " in both cafes, the mere words of description, affu- 
 ** med in the ad of Pennfylvania, could not prove a- 
 " gainft the charafter of the party as a Britifh fub- 
 "jedj or give efficacy to itfeif, fo as to take the 
 *' cafe out of the meaning and operation of the faid 
 " article i" — that at the peace, there v/as no unconditi- 
 onal fubmiffion on the part of Great Britain, " io all 
 " that had been done'' under the independence of the 
 United States, and the authority they had exercifed ; 
 but, " a recognition by folen in treaty, containing re- 
 ^* ciprocal llipulations, as tiie price of peace, and 
 " for the mutual benefit of both countries ;" by the 
 fourth article whereof, in favour "of creditors on ei- 
 " ther fide," it was exprefsly, or in efledt, ftipulated, 
 " that, no ad: which had been, or fhould thereafter be 
 " done, or paffed, by, or under the authority of the faid 
 " United States, or any of them, whatever might be its 
 " form or import i whatever the terms therein employed y 
 ** whatever tlieextentof power thereby affum.ed j or de~ 
 *' clared; whatever thecharadler thereby afcribed to the 
 «' individual againft whom it was direded \ flioiild be 
 " fuffered to operate as a la\\fLil impediment to tlie re- 
 " covery of debts. * theretofore contradcd/ to a credi- 
 " tor on the fide oiMx-i Britannic MakHv, at the date of 
 
r 
 
 C( 
 
 <( 
 
 ( 47 ) 
 
 " the faid treaty" — concluding alio In tliele words — 
 that if the claimant could be laid, to have at any time 
 ^ made his eleRiori in favour of the United States, 
 *'■' under the declaration of Independence ^ and fo de- 
 " parted for a time, fubfequent to that event, from 
 " his native allegiance (the contrary of which appears 
 ^* to have been the cafe) his return to, and having 
 ** been on the fide of his faid native allegiance at the 
 ^' peace, would have fecured to him, the benefit of 
 *' the faid fourth article of the treaty : that accord- 
 ingly, having been on the fide of his Britannic 
 iVIajefty at the date of the treaty of peace, and be- 
 *^ ing a natural born fubjecl of his faid Majefly, not 
 " barred by the acceptance of citizenfhip, from 
 " the right of complaining againft the United States, 
 " the claimant is entitled, under the treaty of amity, 
 " to complain to t!iis Board, of the faid aCt of attain- 
 " der and confifcation before recited, as being a law- 
 ^^ ful impediment Wii\i\'[\ the defcription of the fourth 
 " article of the treaty of peace, and the fixth article 
 " of the treaty of amity, to the recovery of fuch 
 " debts as he fliall prove, to the fatisfaftion of the 
 " Board, within the meaning of the faid treaties." 
 
 cc 
 
 <c 
 
 And as the ground which had been taken on t\\z 
 part of the United States involved a fubjed of deli^ 
 cacy, on which they.were defirous not to give offence, 
 or be mifunder flood, they added, that " the faid 
 " principles, and conclufions, contained nothing in- 
 " confifbent with that perfed refped, which is due 
 " to the Independence of the United States; as the 
 " fame was recognized on 'the part of His Britan- 
 '^ nic Majefly, by the firft article of the treaty of 
 '' peace," 
 
 To prevent a vote uj)on this relblution, Mr. Fiiz- 
 
 'llPOPc and IVTr Sitor^'Mvec; wlrhniPW- 
 
 m^MtmiM 
 
( 48 ) 
 
 * H 
 
 'if 
 
 tlii 
 
 hi 
 
 July 17, 1799. 
 In the Cafe of Robert Williams. 
 
 THE following order was in this cafe moved by 
 one of the Britilh Commiffioners. 
 
 " ORDERED, that the General Agent for claim- 
 ants have leave, by additional argument, to fhew 
 caiife, why the claim in this cafe fhoiild not be dif- 
 miffed, on the ground (without prejudice to all o- 
 ther points in the cafe) that in equity and good faith, 
 this claimant cannot be permitted to complain of lofs 
 arifingfrom the ads of a (late, to which as fuch, he 
 admits, that in or about the year 1779, he declared 
 himfelf to be fubjeft by the folemn engagement of 
 an oath of allegiance, which it is not/^r him to re- 
 prefent as invalid ^ fuch oath of allegiance not ap- 
 pearing from any thing before the Board, to have been - 
 extorted by durefs, or induced by other means or cir- 
 cumflances, tlian thofe which arofe from the o-ejuTal 
 ilateof things at the time, and affeded other perfons 
 Jn the fame fituation, who neverthclels refrained from 
 taking fuch oath—the faid additional argument, to 
 be laid before the Board within eight day^." 
 
 ! 
 
 THERE were other opinions which a majority of 
 the Board had often occafion to declare; fuch as did not 
 ipecially rile out of any particular cafe; but were ef-. 
 fential to the execution of the article ^ and mav there- 
 fore be here in like mannt:r concifely Rated. ' 
 
 UK^ta^UiaAtt^ 
 
( 49 ) 
 
 They held, that thofe afts of feceflion, which had 
 been pr^difed in particular cafes, could not affea the 
 validity or operation of the opinions which they were 
 meant to defeat: for the very ad of feceffion impli- 
 ed, what^ had indeed been formally minuted, that 
 thofe opinions were the opinions of the majority, 
 which had been declared in a Board, completely con- 
 ftituted: and all that the fubfequent feceffion of fome 
 of the members, could efFed, was but to prevent, 
 what the treaty did not require, namely, the declara- 
 tion of opinions, by xh^ formality of a vote: that for- 
 mality being the accuftomed, but not the exclufive, 
 modeoi afcertaining thefadj which, if prevented by 
 an evafive proceeding, might be fupplied by the ad- 
 miffion, or other evidence, that fuch had been the 
 faft. They therefore held, that the opinions which 
 had been declared, by a majority of the Board, were 
 as much the opinions of the Board, under the exprefs 
 provifions of the article, as if the form of a vote had 
 not been fo prevented. 
 
 They confidered it as clear, that there was no room 
 for explanation, when a majority of the Board had 
 no doubt \ that every fuch explanation, would be an 
 alteration of the treaty, which they had fworn to exe- 
 cute, as it flood— ^ — that therefore, as foon as the Com- 
 miffioners had formed an opinion, they had no choice 
 of proceeding; no power of compromife; no capa- 
 city to receive, or to ad, upon inftrti5fmis, in oppofiti- 
 on to what they themfelves conceived, to be the plain 
 meaning of the inftrument before them. 
 
 The general views, with which the two nations had 
 fettled the article, feemed, to them, to be very apparent. 
 With a view to particular cafes, the objed: was the' 
 difpenfation of jiifice, according to the fpecial me- 
 rits, of every diftindt cafe j either by an award of 
 compenfation, where the complaint of injury, from 
 paft delay, was well founded; or, by a conclufivere- 
 
 G 
 
 I' 
 
 A; 
 
 '.X ii 
 
 i 
 
 
 J 
 
 
 \.iHP»iM>. aji. 
 
 .r V 
 
 .>, 
 
f 
 V 
 
 50 ) 
 
 til 
 
 jeclion of the deiriLind, putting it to filence forever, 
 if it appeared to be groundlefs — and, in either cafe, 
 dijpatch was eflential ; a dilatory cure for paft delay, 
 being a mockery in terms, as well as in effed; and a 
 Jpeedy rejedion of ill founded complaints, amount- 
 ing to no more than flricl juftice, to the rights and 
 
 chara6ler, of the party charged. In a larger view, 
 
 the obje6l was, a termination by means, which neither 
 of the two nations could controul, ot a complicated 
 difpute between them; fuch, as they could notthem- 
 felves decide : a radical remedy for an old fore, v/hich 
 had long rankled in the hearts, and interrupted the 
 confidential intercourfe, of many of the mofl valuable 
 fubjeds of both. In conftruing the article, a ma- 
 jority of the Board was therefore well convinced, that 
 every opinion which tended to uncertainty, indecifion, 
 and delay, was mod effentially erroneous: that every 
 proceeding, which went to convert a folemn national 
 arbitration, for the known and declared purpofe of 
 final fettlement, into tlie worft fpecies of j)rotra(5led 
 negotiadon, was totally inadmiflible under the trea- 
 ty- 
 
 A bare perufal of the article; every line of which 
 anticipated the occurrence of difference of opinion ; 
 (unavoidable, as from the variety of involved mat- 
 ter to be fettled, it certainly was) ;— which provided 
 for it, not only in exprefs terms, by declaring that 
 the opinion of the majority fliould, ** in all cafes, both 
 to tfie J lift ice of the complaint, and the amount 
 
 a; 
 
 *' of the lum to be paid, be final and conclufivej'* 
 but alio, by the flrudure and conformation of the 
 Board, which was madeto confiil of an unequal num- 
 ber of members (either five or three,) for the very pur- 
 pofe of giving certainty of decifon, in all cafes whatfo- 
 cver; in cafes of divifion, as well as unanimity — was 
 fufHcient to prevent, as they conceived, the poflibili- 
 ty, of any ferious apprehenfions, that mere difference of 
 opinion, on any fubjed, whether it refpeded the juftice 
 €f the claim within the meaning of the treaty, or the 
 
foreverj, 
 her cafe, 
 ift delay, 
 :; and a 
 amount- 
 ;hts and 
 ;er view, 
 1 neither 
 iplicated 
 ot them- 
 e, v.'hich 
 3ted the 
 valuable 
 e, a ma- 
 :ed, that 
 decifion, 
 lat every 
 national 
 irpole of 
 otraded 
 the trea- 
 
 f which 
 opinion ; 
 ed mat- 
 )rovided 
 ng that 
 'es^ both 
 amount 
 lufivei" 
 1 of the 
 al num- 
 try pur- 
 whatfo- 
 :y — was 
 )oflibili- 
 '.rence of 
 e jtiftice 
 , or the 
 
 ( s« ) 
 
 amount of the damages incurred, could be made a 
 pretext, for difappointing the whole fpirit, as well as, 
 the letter of the article. 
 
 They believed, that as neither of the two nations 
 could be fuppofed capable, of appointing men to the 
 confidential fituation of national arbitrators, to decide 
 upon a fubjecft, fo extenfive and involved, and with 
 powers fo abfolute, as to offer ample means of fe- 
 cret perverfion and abufe; fuch as might be praclifed 
 with fo much plaufibility of appearance, and^^^i a- 
 f/eementy among themfelves, as to prevent detedion, 
 or even general cenfure; nay, perhaps, to attract ap- 
 plaufe: — as neither of the two nations were capable of 
 appointing men to fuch a fituation of important trufl', 
 without the recommendation of unblcmiilicd reputa- 
 tion, and competent ability, there was, in the charac- 
 ters of fuch men, and the alfurance of an oath, the 
 only guarrantee for juft and impartial determinati- 
 on, which the imperfect ftate of human aiiairs can 
 afford. 
 
 Finally, for themfelves, they did certainly, with- 
 out the confcioufnefs of much arrogance, conceive, 
 that opinions, which the pai^ties had invitcdy and called 
 upon them, folemnly, to declare upon oath, accord- 
 ing to the beft of their judgment, were, when fo de- 
 clared, to be received, by thofe parties, with refped, — • 
 while they determined, by their condudl, and a fair 
 difclofure of their principles,* to difprove the furmife 
 
 * The taflc they impofed upon themfelves, of ftating the general 
 grounds andcourfe of reafoning on which tucir refolutions, or opinions, 
 \vere founded, arofe chiefly from this cuniideration. It had, bclldcs, 
 the efte£l to inform parties and agents, on the one fide and the other, of 
 the principles, on which the Board would proceed, in finillar cafes j the 
 advantage of which, in point of order and dlfpatch, is apparent. 
 i.Ceitaiii it is, that no fct of men wi)o were notconfcious of meaning 
 well, and did not hold their rtufons lo be inch as niiaht to be fatisiac- 
 tory, vvpuld ever have adopii.il this practice. The fiat of a faigle 
 line muft in that cafe, have been far mcne fafe and convenient. 
 
 One word more on the couife of their pi'ocecdings ; — if a majority. 
 of the Board had been ('ilfpofi-d to keep up the machinery of the com- 
 iiiiflion as An enjjmc cf j olicy, iiicentljt to ini^'cnd fur u convenitnt 
 
 i 
 
 *■« 
 
 xanmimaitmiikm- 
 
•'^I 
 
 ( 52 ) 
 
 (which, ifjuft, would have fuggefted a fimple mode, 
 tor a diflati.fied party, to fufpend, or invalidate, 
 the decifions of every fet of arbitrators, who could 
 be chofen,) that becaufe they had been unjuftly 
 reproached, and were therefore difpleafed, they could 
 no longer be confidered, as capable of impartial deli- 
 beration. 
 
 
 1^ 
 
 m 
 
 THE laft proceeding of the Board was the moti* 
 on, which has been reported, in the cafe of Robert 
 Williams, on the 17th of July. — - — 
 
 The CommifTioners of His Britannic Majefty, and 
 the fifth Commiffioner, attended, as ufual, on the 
 next day of fitting, when the Secretary delivered 
 to them a letter, from the two American CommifTion- 
 
 length of time, the determination of the claims before them, they 
 would have done, what indeed had (perhaps very innocen'ly) heen pro- 
 pofedj-^they would have begun in every cafe, with an inveftigation and 
 couife of difciiflioa and evidence, on every item, of every account, 
 znAended, (after the expiration perhaps of many years,) with rhequef- 
 tion, how far thofe claims were at all admifTible, under the treaty ? they 
 would in filence have palled over the general objeftions of the United 
 States, on fa6ts which were admitted, and might be conclufive, in order, 
 to exercife their own diligence, and the patience of all concerned, in the 
 examination of accounts and evidence, (at no fmall expence to the par- 
 ties) which might, in the end, be found to have bad no title to their 
 confideration. — 
 
 They proceeded on a different fyftem ; deciding all general objefli- 
 ons firll ; in the order fuggefted by the extent of their influence on o- 
 ther cafes : and they didfo, with as much diligence, as the inferior mat. 
 ters of common routine, the interruptions "occaficned by the preva- 
 lence of the yellow fever, (during which however they made no ad- 
 journment,) and other interruptions, would permit. Two more general 
 qucftiuns only, remained to be determined. 
 
 The inveftigation of difputed fafts, including the proof of debts, 
 (which might pofTibly have proved fatal to many claims) would 
 have been carried on upon a plan of proceeding, already in the courfe of 
 operation, by which that important buiinefs might have been coire<JHy 
 finilhed, within a realbnable period of time, 
 
le mode, 
 i^alidate, 
 10 could 
 unjuftly 
 ey could 
 tial deli- 
 
 e motj* 
 Robert 
 
 \y, and 
 
 on the 
 
 elivered 
 
 mifTion- 
 
 MTi, they 
 Ween pro- 
 bation and 
 ' account, 
 
 I thequef- 
 aty ? they 
 he United 
 
 in Older, 
 led, in the 
 3 the par- 
 le to their 
 
 II objefll- 
 :nce on o- 
 "rior mat- 
 fie preva- 
 le no ad- 
 re general 
 
 of debts, 
 s) would 
 courfe of 
 CQire<JHy 
 
 ( 53 ) 
 
 ers, dated the 19th of July, and addreffed to the 
 three other members of the Board; in which the 
 American Commiflioners declared a determination, 
 *' under the exilting circumftances, not to give their 
 " further attendance" in the Board; and promifed to 
 explain their motives, in a future communication. 
 
 And by another letter, dated the a 2d of July, they 
 aflTured the three other Commiflioners, that they 
 would, " without any avoidable delay," communi- 
 cate the explanation they had promifed. 
 
 About fix weeks after, viz. on the 3d of Septem- 
 ber, the three other Commiflioners did accoidingly 
 receive a communication, from the two American 
 Commiflioners, in a letter of fifty-five pages, dated on 
 the preceding day, every line of which proved the 
 great difliculty of the fubjed, even in the hands of 
 men of ability. It referred to, and profefled cor- 
 redbly to fl:ate, all the difl'erences of opinion, which 
 from firfl: to laft had occurred in the Board j afcribing 
 the hardy meafure they had adopted, not to one, or 
 a few of thofe differences, but, equally, to all. It 
 was an argument of many words, which terminated 
 at every period, in this fimple and conclufive point, 
 that, under the fixth article of the treaty, no opinion 
 in favour of a Britifli fubjed was good, without the 
 concurrence of the American Commiflioners ;— or, 
 that by an unfortunate fatality (for no corrupt inten- 
 tion was afcribed to them) all the opinions which 
 had been declared by the three other Commiflioners, or 
 any of them, in favour of claimants, were radically 
 erroneous and bad; while thofe which they had de» 
 clared in favour of the United States, were perfeclly 
 well founded. 
 
 The three members of the Commiirion, who were 
 thus, at once, deprived of all power of performing 
 their fundions, on grounds, as now declared, and in a 
 manner, which admitted of little profpeftoffatisfadory 
 ftdjuftment, did not, (as may perhaps have been exped- 
 
 1^ 
 
 I 
 
 \^^l^iife*«*ii«*^ftii*-t'- 
 
Jl • 
 
 ( J4 ) 
 
 cd,) take their leave. They had no concern 
 
 with national confiderations : — but many individuals 
 were, in confequence of the Rules and Orders of the 
 Board, either in attendance, or ready to appear, from 
 very diftant parts; and as the bufinefs was now, not- 
 withftanding the various interruptions which had oc- 
 curred, fo far, in eflfential matters, advanced j it was 
 defirable to preferve at lead the poffibilityy of meeting 
 fuch a change of meafures, as might enable them to 
 bring it to a conclufion. 
 
 One of His Britannic Majefty*s CommifTioners,* 
 and the fifth CommifTioner therefore remained j ready 
 as by their attendance, they officially announced, at all 
 times to aflift in the formation of a Board, for the dii- 
 
 patch of bufinefs. But they have never fince been 
 
 met by any Commiflioner on the part of this coun- 
 try. 
 
 .- J 
 
 * Ml*. Macdonald intends, however, loon, to, take thr bcii:fit of a! 
 peimiflion, received by the February Packet, which puts it in hia 
 power to *< avail himlclf of the prellnt fulpenfion in the pioceediugs, 
 ** of the Commifllon, of which he it) a ni ember, by returning tu 
 
 England, on leave of abfcnce." 
 
 K 
 
 • 
 
 APPENDIX. 
 
 J" 
 
concern 
 ividuals 
 "s of the 
 ar, from 
 w, not- 
 had oc- 
 j it was 
 meeting 
 :hcm to 
 
 loners,* 
 i ready 
 d, at all 
 the dii- 
 ce been 
 3 coun- 
 
 cil:' fit of a, 
 
 it in hia 
 
 oceeiiiu^s, 
 urnin^- t'j 
 
 li 
 
 S^DIX. 
 
 J" 
 
 ■ ^ l >W «* .T, »l, W |«W*W *» » < ' 
 
v, 
 
 i 
 
 
 ! 
 
 ! 
 
 
 
 1 
 
 1 
 
 1 ' 
 
 
 A 
 
 ! I 
 
 1 
 
APPENDIX. 
 
 No. I. 
 
 J^rticles firfl fourth, fifth, ami {m\i of the Dcfniii^e Trea!, of! 
 rcace, bt't-^ecn his B>ttanmc Majvfty, and the V nit ai States o? A. 
 nenca, figncd at Faris the ^d of September y 1783. 
 
 • ^jh ^''^' .*' ^^^ Sritamnc Majefty acknowledges the faid U- 
 Zdp'rTi ^''^•/'^'^^^^"-/A>^> Ma//ach^Oetts B.y, Rhode If and 
 ^^^P^o^ndence Plantations, Conneihcut, Ae^ rork, NenA, Jer/h 
 J^eyk;a,>a, Delaware, Maryland, V^grma, North CaroLi\ 
 i>outh Larohna, and Georgia, to be Free, Sovereign, and Inde! 
 
 iclt, His Heirs, and Succeflors, reimquifhes all Claims to the Go. 
 
 7v'?ZT^{ T"^'"^'^""'""''^'^''"^^**^^^^«"^«' and eve- 
 ly ran tnercoi. 
 
 Art. furth. " It is agreed. That Creditors on either Side fhall 
 fiieet with no lawful Impediment to the Recovery cf the full Value 
 in bterhng Monev of all l^ona fde Debts heretofore contraaed. 
 
 Art. f/th - It ,8 agreed, That Congrcfs (hall earnelUy recom- 
 nietid u to the Leg.natures of t!ie relpedlve States, to providefor 
 ti^ Relhtution of al Eflates, Rights and Properties w'iich have 
 been confilcated belonging to real ^r;///.^Subiedts: And allb of 
 the ^ftates. Rights and Properties of Perfons rcfident in Diftria«5 
 in the PoiTeflion of His Majefly's Arms, and who have not bo me 
 Arms againft the faid Unitecl States: And that Perfons of any otle" 
 De cnption fhal have free Liberty to go to any Part or Parts^of any 
 of the rhmcen Unaed States, and therein to remain Twelve ^v,nths 
 unmolefled in their Endeavours to obtain the Rcilitution of fuchof 
 their Eilates, Rights and Properties as may have been confifcated - 
 And that Congrefs ihall alfo earntftly recommend to the fbvcral 
 Mates, a Reconfideration and Revifiun of all Ads or Laws rerard- 
 
 fhould univerialiy prevail. And that Congrefs (hall alfo earneftli! 
 recommend to tne fevenl States, that the Eftates, Rights and 
 Propernes of fuch ka-mentioned Perfons fliall bereltored to them 
 ?^^ fef'^"-?"g;<' any Penons who may be now in Pofleflion the 
 ^^««/^. Price (where any has been given) which fuch Perfons may 
 have paid on purchafing any of the fa.d Lands, Rights or Proper- 
 ties fince the Confifcation. ^ f foper- 
 
 ./fir^""^ ,''r " T'^'h ^^l"^' '" ^^^^"'^^ ^^^o ^a^e any Intereft in 
 cODfifcated Lands, either by Debts, Marriage Settle^cn;s, or o" 
 
 H 
 
 I' 
 I 
 
i 
 
 l\i 
 
 ( S8 ) 
 
 thenviCe, fliall meet with no lawful Impediment in tiic Profecution 
 of their juft Rights. 
 
 Art. J?xt^. "That there (liall be no future Confifcatlons made, 
 nor any Profecutions commenced againft any Pcribn or Peribn'., 
 for or by Reafon of the Part which he or they may have taken in 
 the prefent War ; and that no Perfon fhall on that Account fufFer 
 any future Lofs or Damage either in his Perfon, Liberty or Property ; 
 and that thole who may be in Confin^iment on fuch Charges at the 
 Time of the Ratification of the Treaty in u'Imerica, Ihali be im- 
 mediately fet at Liberty, and the Profecutions fo commenced be 
 difcontinued. 
 
 
 ill 
 
 m 
 
 No. II. 
 
 _ Articles fixth, feventh, eighth, tenth, end part of the twcuiy 
 eighth a>yj lail articlts of the Treaty of Amity, Commerce, and 
 Navigation, h^n-veen His Britannic Majejiy, and the United States 
 of /Imerica ; concluded at Wejiminjlcr the 1 C)th day cf No^oemher 1 79+j 
 '\th the Vrefidint^i Proclamation announcing the Ratification thereof—^ 
 
 nvi 
 
 hxi. fixth. " Whereas it is alledged by divers Britifh merchants, 
 and others His Majelty's fubjeds, that debt' to a confiderable a- 
 mount, which were bona fide contracted bet^.e the peace, ftill re- 
 main owing to them by citizens or inhabitants of the United States, 
 and that by the operation of various lawful impediments nnce the 
 peace, not only the full re-ov ry of the faid debts has been delay- 
 ed, but alfo the value and 1"curlty thereof have been, in feveral in- 
 ftances., impaired and leiTened, {0 iIihc by the ordinary courfe of 
 judicial proceedings, the Britilh creditors cannot now obtain, and 
 aftually have and receive full and adequate compenfation for the 
 lofles and <^amages which they have thereby fuftained : It is agreed, 
 that in all fuch cafes where full compenfation for fuch loifes and da- 
 mages cannot for whatever reafon be actually obtained, had and re- 
 ceived by the faid creditors in the ordinary couife of jullice, the Uni- 
 ted States will make full and complete compenfation for the fame to 
 the faid creditors: But it is diiHn(::lly underltood, that this provifi- 
 on is to extend to fuch lofll's only as have been occafioned by the law- 
 ful impediments aforefaid ; and is not to extend to lolfcs occafioned by 
 luch infolvency of the debtors, or other caufes as would equally have 
 operated to produce fuch iofs, if the fiid impediments had not exill- 
 ed ; nor tr inch lolTcs or damages as have been occafioned bv the ma- 
 nifell^' ay or negligence, or wilful omiiri::>n of the claimant. 
 
 '* For the puipofe of afcertaining the amount of any luch lofTes 
 and damages, /v£' Commiffioners fliall be appointed, and autho- 
 rifed to meet and act in manner following, viz. Two of them Oial! 
 be appointed by His Majefty, two of tliem by the Prefident of the 
 United States by and v/ith the advice and confent of the Senate 
 thereof, and the fifth by the unanimous voice of the other four ; 
 and if they lliould not agree in fuch choice, then the Comniiajon ■ 
 
■ -f^rr^. Hatmmri' im^^^i 
 
 
 rofecuiion 
 
 ons made, 
 ' Peri'on'j, 
 taken in 
 )unt fufFer 
 Property ; 
 ges at the 
 ,11 be im- 
 lenccd be 
 
 7e tucnty 
 ^rce, and 
 /eJ Stairs 
 ber 179+3 
 
 crchants, 
 erable a- 
 , ftill re- 
 id States, 
 
 iiDce the 
 en delay- 
 3veral in- 
 courle ot' 
 :ain, and 
 n for the 
 s agreed, 
 ■s and da- 
 d and re- 
 
 theUni- 
 e fame to 
 5 proviH- 
 
 the law- 
 fioned by 
 allv have 
 not exill- 
 .' thcma- 
 ;int. 
 
 ach lofles 
 id autho- 
 
 nt of" the 
 ; Senate 
 er four ; 
 nniifljon- 
 
 ( 59 ) 
 
 «rs named by the two parties fiiall refpetlively propofe oj^e perfon, 
 and of the two names fo propoicd, one fhali be drawn by lot in the 
 prefrnce of the four original Commiffioners. — When the five Com- 
 i:iuii()ners thus appointed (hall firft meet, they iball, before they 
 proceed to adf, rdbedively take the following oatli or attirniation, 
 in the pre'enceof each other, which oath or cfHrmation being fo 
 take n and duly attelled, fhall be entered on the record of their pro- 
 ceeding., viz. I, ^jff, one of the Commiffioners app 'ntedinpur- 
 luance of the fixth article of tiie treaty of amity, conunerce, and 
 navigation, between His Britannic Majelly and the United States 
 of America, do folemi.ly fwcar (or affirm) that I will honeilly, 
 diligently, impartially, and carefully examine, and to the belt of 
 ny judgmer.t, according to jufiice and equity, det..;!: all fuch com- 
 plaints, as uiider the faid article Ihali be preierred to the faid Com- 
 mi/ljoners; and that I will forl-ear to ad as a Commiffioner, in 
 any cafe in whicii I may be perlonally interefled. 
 
 " Three of the faid Commiflioners tliall conltitute a Board, and 
 fliall have p nver to do any ad appertaining to the faid CommilTi- 
 on, providec. that one of the Commiffioners named on each fide, 
 and the filth CommilHoncr iball be prefent, o?!d all dicifions pall 
 he made by the majority of the ^joucs of the CojnmfJJioners then 
 prefent \ eighteen months from the day on which the laid Ccm- 
 niiffioners fiiall form a Board, and be ready to proceed to bufineis, 
 are alligned for receiving complaints and applications ; but they 
 are neverthelefs authorized, in any particular cafes in which it fiiall 
 appear to them to be reafonable and juft, to extend the laid term of 
 eighteen months, for any term not exceeding fix months, after the ex- 
 piration thereof. The faid Commimoners fiiall lirlt meet at '-"liladel- 
 phia, but they fiiall have power to adjourn from place to place as they 
 iball fee caufe. 
 
 " The faid Commiffioners in examining the complaints and appli- 
 cations fo preferred to them, are empowered and required, in nurfu- 
 anceof the true intent and ineaningof this article, to take into their 
 coufideration all claims, whether or principal or interefi, or balances 
 of principal and interelt, and to determine the fame refpedively, ac- 
 cording to the merits of the fevcral cafes, due regard being had to all 
 the circumfiances thereof, and as eq'jity and juilice fiialf appear to 
 them to require. And the faid Commifii'mers fiiall have power to ex- 
 amine all ;uch perfons as fiiall come before them, on oath or affirma- 
 tion touching the premifes ; and alfo to receive in evidence according 
 fis they may think mofi confiilent with equity and jufiice, all written 
 depofitions, or books, or papers, or copies, or extrads thereof; every 
 fuch dcpofition, book, or paper, or copy, or e;;trad, being duly au- 
 thenticated, eitiier according to the legal forms now refpedively 
 cxitting in the two countries, or in fuch other manner as the faiJ 
 Commiffioners fiiall fee caufe to require or allow. 
 
 *' The a^xvard cf the faid Ccmniijf our;, or of any three rf them, rs 
 iforifcud, Jhall in all cafes be final and conclufve, both as to the juf- 
 iice of the claim, and to the amount of the f urn to be paid to tie 
 creditor cr claimant: And the United States undertake to cauie 
 Ihc fum fo awarded to be paid in fpecie to fuch creditor or claimant 
 
 1,1-; 
 
 SiS*-vi»i.,.» 
 

 I 
 
 ^1 ! 
 
 J' 
 
 ( 6c ) 
 
 without deduaion j and at fuch time or times, and at Tuch place ev 
 places as fhall be awarded by the faid Commiffioners ; and on con- 
 dition of fuch releafes or aflignments to be given by the creditor or 
 claimant, as by the faid Commiffioners may be direded : Provi- 
 ded always that no fuch payment fnall be fixed by the iaid Com- 
 miflioners to take place fooner than twelve months from the day of 
 the exchange ot the ratifications of this treaty." 
 
 Art. /e'vent^. «' Whereas complaints have been made by divers 
 jnerchants and others, citizens of the United States, that durinp- 
 the courie of the war in which His Majeify is now engaged, they 
 have fuftained confiderable loiTes and damage, by reafSn of irregu- 
 lar or Illegal captures or condemnations of their veflels and other 
 property under colour of authority or commiflion.s from His Ma- 
 jeity, and that from various circumflances bcl H>oing to the faid 
 cales, adequate compenfation for the loiTes and damages fo fuftnin- 
 ed cannot now be aaually obtained, had and received by the ordi- 
 nary courfe of judicial proceedings ; it is agreed, that in all fuch 
 caies, where adequate compenfation cannot, for whatever rtafon, 
 be now aaually obtained, had and rec-ived by the faid merchants 
 and others in the ordinary courfe of jufiice, full and ccmpietecom- 
 r^enfation for the fame will be made by the BritKh Government to 
 the iaid complainants. But it is diiHnctly underttood, that this 
 provnion is not to extend to fuch loifes or damages as have been 
 occafioned by the manifell delay or nugHgencc, or wilful omif-on 
 01 the claimant. 
 
 " That for the purpofe of afcertaining the amount of anvfuch Iclf- 
 es and damages, five Commifioners fhall be appointed and auihori. 
 zed to aa ,n London, exadly in the manner uireded with refped 
 to thofe mentioned in the preceding article," &c &c &c 
 
 tinll'^'^^^t^' '\ !^^\^"^^^^'- agreed, that the Comnii doner's men. 
 tioned in this and in the two preceding nrticles fhall be refpedive- 
 ly paid in fuch manner as (hall be agr. ed beaveen the two parties- 
 uch agreement being to be fettled at the time of the exclLge of 
 the ratifications of this treaty. And ail other expences attauJini 
 t e a:d.omm,inons fhall be defrayed joinrly bv L two paTi"^ 
 the fame being previoully afcertained and allowed by the niaioritv 
 of the Commiffioners. And in the cafe of death, ikknefs ^ / 
 
 fe. f "l- ^- P'''.' of every fuch Commifnoner refpediveiy 
 iball be fupplieJ m the fame ma.ner as fuch Commiflio.er was 
 firfl appointed, and the new Commiffioners fliall take the fame 
 oath or aflirmation and do the Uim ' nie. " 
 
 Art /....?. - Neithei the debts . : from individuals of the one 
 ration to individuals of the other, nor fhu^es, nor monies whkh 
 
 hey aiay have in the public funds, or in the public or p -I'c 
 banks, fhall ever in any event of war or natio.nal difFeren^ces be 
 fequefieredorconfifl-ated; /. ^./;^ ..^^y ,,,^ //././.'/. th. at debts 
 and engagements contraaed and made by individuals having eon! 
 fiucuLc in cacn other and in their relpedive ecA-ernments n,onn 
 ever be ddlroyed or impaired by national au^.d ^ n a ^ou t o ' 
 ;iational differences and difcontents." '^^'-ount ol 
 
 *h',^['' y'^^':ff'^'- " ^t is agreed, that the firfl ten articles of 
 ;lm treaty fhall be permanent, and that the fubfcquent mucles! 
 
( 6i ) 
 
 except the twelfth, fhall be limited in their duration to twelve 
 
 r t^'eaVi^^iTbre:^,!::;?^^ '-^ - -'-^^^ ^'^ -^^«-^-^ or 
 
 wuh th. advice and confentof their Senate, .the re^SaUe^^^^^ 
 ^oauonsn^utually exchanged, fl.all be binding ad 2, tyoa 
 H. Majefty and on the (aid States, and fl,all be bv thcnfrcfol^t 
 ively executed, and oble.ved, with panduabty and the mo Ht 
 ce.e regard to good iui-.h ; and whereas it will be expedienr n ;" 
 ^c the better CO facilitate intercourse and obviate diHcult; that 
 o^^^^r art:aes b« propoied and added to this treaty, which a licH 
 f^otn wane of ttme and other circumllanccs, canno; now be pe f d-' 
 
 readily tuac of and concerning Inch articles, and will fincerelv 
 
 vuuence, .nd tend to promote mutual fatisfaftion and trienolhin - 
 and that tne laul articles, after having been duly ratified flaUb; 
 adaed to, and make apart of this treaty. In faith whereof, ic&c.'' 
 
 -vvu. P^^ocLAMATio.N' by the President. 
 
 thenu "" ' 'f ' ?'^''' .^''' '"''' " ^"^ ^^^^^^'-'^^ the faid Treaty with 
 the additional article which (togetherconlHtute o.eTreatvTh.rbv 
 Me on the one part, and by His l^ritrnnic Majcily on £ ct -er 
 been duly approved and ratified ; and the ra.ifica ion« were dul ev' 
 ch^ged at London on the 28th day of Odober on' thoufand tv^; 
 hundred and ninety five: Now therefore, to the end thnt the faid Tr' 
 
 LTrT.':dro"H^-',^^ 
 
 nrX, L? F '-r' °" '^^ P'"" °^ '^'' United States, J hcrrby 
 
 riKike known the prem,fe« ; ..^ .././, ,„,/ , , -,, ^/^ 'J^ ;;;;^^> 
 
 oj^cec.-.^l or,u/,,,,y^ within the United States, and all othe;f 
 
 citi7xMisor inhabitants thereof, or beinp- within th^ fame L ' 
 
 .^^.. the laid Trea. accordingi;:^DateJ the ^ui cl^^^^: 
 
 I 
 
 No. III. 
 
 J^'numof the opening, and reciprocal cofnmunlcat.cn, hy the Bri 
 t:,oand A.^^eruan C.mnuffioncrs, of then- refi^emn., Co^Z£: 
 and Of the appouUmcnt of u ffth Conimifkncr. '^'^^'^'M^-n^ , 
 
 TK ' ™^f °"^'^'ff "^••'' 'Appointed by His Britannic rjajeav viz 
 Thomas Macdonald and Henrv pye Rich • in-! rK. , '' --' '^' 
 e. appointed by the PrcfiJcnt of ^he a'i'.. ', ^ ^/'tr^f °r 
 w»h Che advice and conlint of the Senar. th-eof ■', -nl''"' 
 iMt7,i,n.o„s and James Innes, havin,; ,„„ aV l'h'i);,'!;i„i:::rii' 
 
 ty feven, for the purpole of procceiinir iointiv to o,,,-, ,L- c 
 pe«,ve co,.mi(lio„./,i,i ac/ordi„glv Kt^.^, L 'a 'd ."[" 
 mjm.cate them to each o;he,- ; the (aiu ;o,i,n,ii!,c... kin, i, I 
 loJlowing terms, viz. * " "^^ 
 
 ■MMMK.* 
 
 ■liNlill 
 
 
«; ■• 
 
 i 
 
 62 ) 
 
 I 
 
 Commission by His Britanm c Maj estv. 
 
 *< GEORGE R. , „ . . 
 
 GEORGE, by the Grace of God King of Great Britain, 
 France, and Ireland, Defender of the Faith, Duke of Briinlwick 
 and Lunenburgh, Arch Treafmer and Prince Eltdor of the Holy 
 Roman Empire, &c. &c. To all to whom tiiefe Prclents ihall come. 
 Greeting. Whereas by the fixth Article of the Treaty of Amity, 
 Comrac.ce and Navigation, concluded at Wcftminlkr, on the nine- 
 teenth day of November, One thoufand fcven hundred and nine- 
 ty four, between us and our good friends the United States ot A- 
 merica, provifion is made for the appointment of Commiffioncrs, 
 in the manner, and for the purpofes therein mentioned. Now 
 Know ye, that we repofing efpecial trust and confidence in the 
 wifdom, diligence, and iniegricy of our trulty and well beloved 
 Thomas Macdc.ald, and Henry ?ye Rich, Efquires, have nomi- 
 nated, conftituted, and appointed, and by thefe prclents do nomi- 
 nate, conRitute, and appoint, the faid Thomas Macdonald, and 
 Henry Fye Rich, Efquires, to be Our Commiilioners, appointed 
 by Us under the faid article. And we do hereby authorize and re- 
 quire the faid Thomas Macdonald, and Henry Pye Rich, Efqunes, 
 to meet the two Commifiioners appointed or to he appointed on 
 the part of the United States, under the laid article, and with 
 them to agree, cr otherwife determine, on the appointment ot a 
 fifth Comniiffioner, in the manner dlrcded by the fajd article ; 
 and thereupon to proceed, together with the other Commiflion- 
 ers, honeltly, diligently, impartially, and carehilly, to examine, 
 and to the bell of their judgiivcnt, according to julbce and e- 
 quity decide, all fuch complaints as under the faid article (hall be 
 duly preferred to the liiid Commillioneis,— and generally to do 
 and perform, agreeably to the true intern and meaning ol the faid 
 article, all fuch adts as Ihall be neceHary to be done on the pare 
 of our Commiilioners, to carry the fame into complete execution. 
 In Testimony and co-diimation of all which, we have cauled 
 our Great Seal of GreaiBriiain to be affixed to thefe prefects^, fign- 
 ed with ourRoyal hand —Given at cur Palace, at St. James's, this 
 feventh day of September, in the Year of our Lord, One thoufand 
 feven hundred and ninety fix, and in the thirty fi\th of our reign. 
 
 By His Mijt'J?y's C-mimond 
 
 (fgneJ) ' GRENVILLE." 
 
 Commission bv the Prestdt nt of the United States. 
 GEORGE JrjSHIA'GTOX President of the United 
 St A T E s of A :.' E R I c A . 
 
 " To all who thai! fee thefe prefents, Greeting. 
 " WHEREAS it Is alledged* bv divers Britifli merchants, and 
 others, the uibjecls of His Britannic Majeily, that debts to a confi- 
 
 * The fuhiequenr Cmnmifilon to Mr. Sitgrcavps, on the cionth of Mr. Iiinrs 
 contains the t'oUowin^^ adui'.innai woxi^ hi t\u- inivoauf' ion, " whereas^it is italed 
 *t in the fixth artUlJot the Uc;>ry ot" jhimv, &c. r'li;)-. ic i. alledged.^' 
 

 ( 03 ) 
 
 deral)le amouat, which were bona fide contrafled before the peace, 
 between the United States and His faid Majefly, llili remain ow' 
 miT ro them by citizens or i\ihabicants of the United States, and 
 tl-::.: i-,;/ uie oj>t.ra:ion ut various lawful impediments fince iii$ 
 P!^c.cc, not o.ily the full recovery of the faid debts has been delay- 
 td, but ahb the value and ftcaiicy ther.'of ha?.: bjcij, in fdveral 
 iiillinces imp.iirel and leiTmed, fo tn:ic by v.\z ordinary courfe oi 
 jndicial proceedings, the IJritira creditors cannji no.v obcam, and 
 actually have and receive full and adequate cortipenfdtio'.i foV the 
 loiTes and damages which they have thereby fullained, and v.-wcrc- 
 as in the fixth article of the Treaty of Amity, Commerce, :.nd 
 Navigation, between tl>c United States and His Britannic Majelly, 
 It is agreed, for the purpofe of afcertaining the amount of any 
 liich lofles and damages, that five Commiflioners fhall be appoint- 
 ed, and authorized, to meet and ad in the manner therein fet 
 iorth, two of which CommiinonGirs to be appointed by His faid 
 Majerty, and two by the Prehdent of the United States by and 
 with the advice and confent of the Senate thereof, and the fifth 
 in the manner in the faid article diredkd. — Now Know ye, that 
 repohag fpecial truft and confidence in the integrity and abilities 
 ot Thomas Fitzfimons, of Penniylvania, and James Innes, of 
 Virginia, [ have nominated, and, by and with the advice and 
 confent of the Sena^te, appointed the faid Thomas Fitzfimons, 
 and James Jnncs, Commiflioners, with full powers to meet the 
 Commlilioners appointed by His Britannic IVIajefty, and with 
 them to agree, or otherwife determine, on the appointment of a 
 fifth Commiffioner, in the manner directed in the faid fixth arti- 
 cle, and thereupon, having talcen the oath or affirmation in that ar- 
 ticle prcfcribed, to proceed to examine, and according to juftice 
 and equity decide, all fuch complaints as, under the faid fixth ar- 
 ticle fliall be preferred to them, and agreeably to the true intent 
 and meaning tL.ieof, generally to do all thole afts, which (hall 
 be netefi^ary to carry the faid article into complete execution. 
 
 " In Testimony whereof! have caufed thefe Letters to be made 
 patent, and the Seal of the United States to be hereunto affixed. 
 *' GIVEN under my hand at the City of Philadelphia, this firfi 
 day of April in the year of our Lord, One thoufand fcven hundred 
 and ninety fix, and of the Independence of the United States the 
 twentieth. 
 
 (figned) G. WASHINGTON. 
 
 By the Prefident 
 (figmd) Timothy Pickering, 
 
 Secretary of State. 
 
 I 
 
 V Whicli CommiiTions the faid Comminioners reipeaivcjy found 
 to'bcin due ibrm, and agreed to meet upon Thurfday next, the 
 25th day of May, current, for t!ie purpose of proceeding to the 
 confiJeration of a piopei perfon i;o be appointed or cholen as a 
 
 
 
^1 
 
 ( 64 ) 
 
 fifth CommilTioner, purfuant to, and in the manner provided for, 
 by the faid fixth article of the faid Treaty. 
 
 Thos. Macdonald, 
 ,- ,, Henry Pve Rich, 
 
 James Innes." 
 
 Thurfday, 2 5 ih of May, 1797. 
 
 ** Th E faid Connmiflloners, viz, Thomas Macdonald, and Hen- 
 ry Pyc Rich, appointed by His Britannic Majelty ; and Thomas 
 Fitzfimons, and James Innes, appointed by the PrefiJent of the 
 United States, as aforefaid ; having upon t.'ie l8th day ot May, 
 current, opened and communicated to each other their refpedtive 
 Conimifiion.s, which were found to be in due form ; and agreed to 
 iBcet this day for the fpecial purpofe after mentioneH, did 
 accordingly meet, and endeavour to agree in the choice of a fifth 
 Commiffioner, puriuant to the faid Treaty. But finding that they 
 could not fo agree, the faid Commiflioners appointed by His Bri- 
 tanaic Majefty did propofe,* yo/:/: GuiUetnani, Efquire, of London, 
 at prefenc in Philadelphia, and the faid CommifTioners appointed 
 by the Prefident of the United States, as aforefaid, did propose 
 Fijher j^mes, Efquire, ol Mailachufctts ; and the faid Henry Pye 
 Rich, and James innes, having retired into another room,! tlie 
 
 * As it was natur.il to attach confidcrablc importance to the citciimftance, 
 which chance was thus to deferminc, whether tliree of the five Commifliurcis 
 flipvid be Britilh fubjefts or American citizens, a very fatisfaftory ctHtle of 
 proceeding, which had been pradii'ed by the Commifiion under thajcventh arti- 
 cle, fitting at London, v/as here ^idopied. The Rritifli Commiflionets had, fonie 
 days before, delivered to the Ameritaa Commiihoiicrs, a lift of three Eriiifin 
 fubjefts, then in America, of whom the Amcriciin Commiflioncrs were to chufe 
 one, to bepropoffcd by the Brlt;[h Commilhoncrs for the fituation of fifth, or ad- 
 ditional Commiiiioner, to makv up tlic full number prcfcrihet^ by the treaty j ths 
 Britifh Commiifioncrs having received from the Amcric.in Comniillinners, a fimi- 
 larlift of three American citizens, of whom th,: BriliiTi ComnniuM.ners were to 
 chufe one, to be in like manner propofcd by tin; Am^^rican Com'niiTnnt^rs. The 
 Britifh Commiflioners feleded Mr. Ames from 'he lift of American tltli 'nr,, and 
 the American CommifTioners fcicfted Mr. Guillcmarci from the liil: of F.riiifh fub- 
 jcdsj who were refpedivcly piopofcd accordinnly, in the manner ii' ;/ iiati.d j— 
 And thus, though the appointment was ultimatvly m.'.de by lot, the prrfun l\> 
 appointed, was, to a certain Jepvee, chofen !>y the cli;6tion of both parties. 
 
 •f Mr. Pickering, Secretary of ftatc, who Ei.ttndcJ, alfo retired into ihco- 
 thcr room, where he witnelled the drawing of the let- 
 Mr. Guillemard having on the 2Qth of May attended, and nolitlcd his ac(;cpt- 
 ance, the oath prefcribcd by the article, was en the fame day, taken by al.the 
 five Commiflioners, in the prefence of each other, and before the Prciidcnt of 
 the Court of Common Pleas, for the firft diiirift of Pcnnfylvania, who met 
 them at their Ofiice for that purpoie. On tha; day, therefore, die Du.ird wa.» 
 conftituted, purfuuat to the Treaty, 
 
 W 
 
( 65 ) 
 
 faid Thomas Macdonald, and Thomas Fitzfimons, wrote down 
 the names of the faid two perfons fo propofed, on feparate flips of 
 paper, which being rolled up, and placed in an urn, vvere carried 
 in the fame, by the laid Thorn is Macdonald, and Thomas Fitzfi- 
 mons, into the prefence of the faid other two Commiflioners ; and 
 the urn being there dfelivered to the faid James Inncs, was by him, 
 prefented to the faid Henry ji*ye Rich> who, in the prefence of the 
 faid other Commiffioners, drew from! the fame, the name of the 
 faid John Guillemard, who was declared the Fifth Commiffioner, 
 bnder the faid article of the faid Treaty. — -Thefe things were fo 
 done at Philadelphia, and iu the houfe of the faid Thomas Fitz- 
 fimons, this twenty fifth day of May, One thoufand feven hun- 
 dred and ninety feven. 
 
 Thos. Macdonald. 
 
 ,r J. Henry Pye Rich. 
 
 '' ° ' Thos. Imtzsimons. 
 
 Jas. Innes. 
 
 No. IV. 
 Opinions of Judges.* 
 
 I. The general objeci of the fourth article of the treaty of peace. — 
 
 Judge Paters6n. — " The traders and others of this country, 
 were largely indebted to the merchants of Great Britain. To pro- 
 vide for the payment of thefe debts and give fatisfa^tion to this 
 clafs of fubjedts, muft have been a matter of primary importance 
 to the Britifli miniftry. This doubtlefs is at all times, and in all 
 fituations, an objedl of moment to a commercial country. The 
 opulence, refources, and power of the Britifli nation may ?n no 
 fmall degree be afcribed to its commerce : it is a nation of manu- 
 fafturers and merchants. To protedl their interelts, and provide 
 for the payment of debts due to them, efpecially <wheh thofe debts 
 amounted to an immenfe fum, could not fail of arreting the attenti- 
 on, and calling forth the utmoft exertions of the Britifli Cabinet. 
 A meafure of this kind, it is eafy to perceive, would be purfued 
 
 * Th? opinions here referred to, of Judges Chufe, Pjterfon, ffi/fcn, an.l 
 Cu/J/iiigj were delivered in tlic Supreme Courc of the Unired States, after the 
 ticaty of amity, in the cafe os fr'ur/e adminifliutor of Junts, piaincilTin error, 
 againft Hylton and others, decided in February 1796: reported 3 Dallas, 199 :— 
 thofe of Chief Juitice Elfivorth^ and Judge Stigrea'ves, intfve Circuit Court ot 
 tlie United States, for the dirtrift of North Carolina, in deciding the cafe oi 
 Ham'n'tons agaiiift Enton, in June 1796,— as ftated in a printed report, publlih- 
 cd in Noith Carolina, and admitted to be corrett. 
 
 y 
 
 ■iiiiiiiiii 
 
i^ 
 
 ( 66 ) 
 
 with unremitting diligence aud ardour. Sacrifces ivcuL/ be made 
 to ini'ure its fuccel's ; and perhaps nothing fliorl of extreme iieccfli- 
 ty would induce them to give it up," 
 
 A 
 
 I 
 
 2. The contraSls and debts of ind't'viduaU not affcBed by the 
 ti^jar \ — the article in that refpeil to be conjhued avifh the utmoji la* 
 titiule : — intercji as much part of the debt as the principal. — 
 
 Judge Paterson. — " I feel nohefitation in declaring, that it 
 has always appeared to me to he incompatible witii the principles 
 oi" jultice and policy, that contracts entered into by individuals of 
 different nations fhould be violated by their refpeftive governments 
 in confequence of national quarrels and hoftilities — National df- 
 ftreiices Jhculd not affed pri-vate bargains. The confidence both 
 of an individnal and national nature on which the contrads were 
 founded, ought to be preferred inviolate. Is not this the language 
 of honefty and honour? Does not the {entiment correfpond with 
 the fentiiiients of juftice and the diftates of the mor.il fenfc.'' In 
 ihort, is it not the refult of right reafon and natural equity r ^ Tlie 
 relation which the parties Hood in to each other at the time of 
 contrafting thefe debts ought not to pafs without notice. The 
 debts were contracted when the creditors and debtors were fu'-.jei^s 
 of the fame King and children of the fame family. They were 
 made under the fanftion of laws common to, and binding on both. 
 A rcvoluiionnry ivar could not, like other ^vars, be forefeen or calcu- 
 lated upon : — The thing was improbable : — No one at the time 
 debts were contrafted had any idea of :' leverance or difmember- 
 ment of the empire, by which perfons who had been united under 
 one fyftem of civil polity ihonld be torn afunder, and become ene- 
 mies, for a time, and perhaps aliens for ever. Contracts enter- 
 ed into in fuch a Aate of things ought to be facredly regarded . — 
 Inviolability feems to be attached to them :" — '* Theconflruftion 
 of a treaty made in favour of fuch creditors, and for the reftoration 
 land enforcement of pre-exilling contradls ought to be liberal and 
 benign: — For thefe ren Tons this claufe in the traM)' dffir-ves the 
 utmo/l latitude of expcjition ;" — 
 
 Judge Shippen (now Chief Jultice of Pennfylvnnia.) "The 
 five thoufand pounds paid T.'7//j' /«rtT£/?, at this day, is not, in faft 
 or law, more than the five thoufand pounds, paid without interefi, 
 at the day it becomes due". — 2 Dallas Rep. 255 
 
 3- 
 
 VUOUS 
 
 The fourth article of the treaty of peace, clear and iinamhi' 
 ; and not conne^ed i\:iih the, fifth. 
 
 Judge Paterson. — " The fourth article of the treaty gives 
 the text, and runs in the following words : " It is agreed that 
 '* all creditors on cither fide fhall nieet with no lawful impedi- 
 
( <57 ) 
 
 ** ments to the recovery of the full value in fterling money of all 
 ♦♦ bona fide debts heretofore contradted." Tlie phialeology made 
 ufe of leaves, in my liiind, no room to hefitatf, as to the intention 
 of ihe parties. The terms arc unequivocal nw*.] univcrlal in their 
 fignification ; and obvioufiy point to, and conipif hcnd all cicdi- 
 tors and ail debtors, pievicmlly to the 3d of Sc'incmber 171^^3. In 
 this article there appears to be« J'ehdtion of e.KprcjJiuns, plain and 
 extenji've in their import, and admirably cahuh'.t.d in cb~jiate doubt s^ 
 to remo-ve difficulties, tn dejignate tbe objecis, and a/certain the i/itsn- 
 tion of the contending povja-s ; and in llioit, tc meet a",<.i provide 
 ior all pojjible cafes that could arife under ihe head Qi debts. '^ 
 
 Judge C u s !u N G . — ' ' The words are as Jlrcng as the nvit of man 
 iOiild dei'ife, to avoid all effects of feqaeltration, conhicaiion," kz. 
 
 Judge SiTCRKAVEs. — '* Fatttl (ays, p. 369. 'When an aifl 
 is conceived in clear and pofuive terms; when the fenfe is niani- 
 feit, and leads to nothing abfurd, there can be no reaibii to refute 
 the fenie which the treaty naturally prcfents, — To goeUVwhere in 
 fearch of conje61iucs, in order to extinguiili or rdliain it, is to 
 endeavour to elude it.' — 
 
 " 'I'he fourth article contains the cnly (lipulation v.'ith rcfpe^l 
 to debts, in the whole inllrnmcnt. It is mutual and general in 
 its expreflion ; not limited or retrained by any particular words to 
 any defcrip:ion of peribn?, as is e-vidcnt in the litth arli'L'. If 
 that had been in the conteuiplatjon of the parties, they nudd roc 
 have overlooked the ncceflity for thefe dillinction; — nor are we at 
 liberty to preiume it. in the next article (the fifth) the dilVmcli- 
 on is made with great accuracy with regard to thofe, who endea- 
 vour to procure a nfitiuicn of their lands and oiher property." 
 
 4. The benefit of the fourth article of the treaty cf peace extend- 
 ed to aW defcripttcns of creditors, 'without difiindton. 
 
 See the opinion immediately preceding. — 
 
 Judge Paterson. — "The terms are unequivocal, kc and 
 obvioully point to, and comprehend all creditors, and all debtors 
 previoudy to the 3d of Sep:;embcr 17H3." — " The words credi- 
 tor; on iuhsr pdc, embrace every defcription of creditors'^ — " ^o 
 line jhould be drcnvn betiveen creditors, unlcf it be jound in the trea- 
 ty. The treaty does net make it. The truth is, that none was in- 
 tended, or it' would have been exprcfll'd. The indefinite and 
 fweeping terms made ufe of bv the pariie-, fuch as '' creditors 
 •' on either fide," " no lawful impediment to the recovery oi 
 the full value in flcrling money of all debts heretofore contract- 
 ed," exclude the x^C'X of ary clafs rf cafes ^ having been in- 
 tended to [•(■ iwcqttd, nnd" e\plode the do(!:lrine of ccnfnii-lii't' 
 
 
 i: 
 
 ^Siw«;^„ 
 
 wmm 
 
 mmmm 
 
 ^\ 
 
( 68 ) 
 
 Ji/crimittatieti.**'—" All the creditors on cither (\Ativithout dijiivdi' 
 OHt muft have been contemplated by the parties in the fourth ar- 
 ticle." 
 
 5. The fourth artick of the treaty of peace not covfned to debts 
 extjiing at the date of the treaty. 
 
 Judge Wilson. — " The fourth article is well exprefled to meet 
 the very cafe ;" (the cafe of a Britilh debt which had been legal- 
 ly extinguiflied, before the treaty, by payment into a ftate treafu- 
 ry, purfuantto law, and which was held to amount to confifcation) 
 — •• It is not confined to debts exipng at the time of making the 
 treaty y but it is extended to debts theretofore contraded." 
 
 Judge Pater soN.rr" The fourth article extend^ to all pre^ 
 exijiing debts.^^ 
 
 I 
 
 6. jill confifcations ; payments in paper money ; and e'very 
 thing done under the law to prenjent, i?Hpede, or impair the reio-very 
 of Britijh debts, fet aftde by the fourth article of the treaty cf peace \ 
 <vchich had a reirofpeiii%'e operation. 
 
 Judge Wilson. — " By every nation, whatever is its form of 
 government, the conffcation of debts ha.s long been tonfidered di^- 
 renutable:* And we know that not a fingie confifcation, of that 
 kind, Jiained the code of any of the European Powers who were 
 engas^ed in the war which our revolution produced. Nor did any 
 authority for the confifcation of debts proceed from Congrefs (that 
 body which clearly poircffed the right of confifcation, as an ind- 
 dent of the powers of war and peace;) and therefore in no in- 
 Ibnce can the ad of confifcation be confidered as the aft of the 
 nation. But even if Virginia had the power to confiicate, the 
 treaty aniiuls the conf feat ion. ^* 
 
 Chief JupceEiLswOKT H . — " Civil war which terminates in a 
 feverance of empire, does perhaps, lefs than any other, juftify the 
 confifcation oi debts; becaufe of the fpecial relation and confi- 
 dence fubfilling at the time they were contracted" — *' North Ca- 
 rolina however judging for herfelf in a moment of fevere preffure^ 
 
 * The two nations have in th? tenth article of the treaty of amity agreed in 
 reprobating this injuiVice done to individuals, in thc/e words, *' it being unjuft 
 *' and impolitic, that debts and ^engagements ccntrafted and made by individu- 
 *♦ als havintr confidence in ea :hothcr, and in ihcir re(pe6>ive govt'rnmenis, ihould 
 *< ever be dcftroyed or impaired by national uuihority, on account ot national 
 " diftcrcnces and aifcontenls.' 
 
 Ni rt^^ * ^' ^*'Wf ■■ ' 
 
debtj 
 
 were 
 
 ( 69 ) 
 
 excrciled the fovercign power of pafling an aft of confifcation, 
 ivhich extended among others, to the debts of the plaintiffs. **-^ 
 •* The tteaty is now the law in this ftate ; and the confifcation aS, 
 fo far as the treaty interferes with it, is annulled. Still it is urged, 
 that annulling the confifcation aft cannot annul the defendants' right 
 of difcharge, acquired ivhile the afi nvas in force. It is true, the 
 Repeal of a law does not make void what has been well done un- 
 der it : but it is alfo true, admitting the right here claimed by 
 the defendant to be as fubftantial as a right of property can be, 
 that he may be deprived of it, if the treaty fo requires. It is jufti- 
 fiable and frequent, in theadjultment of national differences, to 
 concede, for the f'afety of the ftate, the rights of individuals." 
 
 Judge CusHiNfi.— -"Thewords areas (Irong as thewitof man 
 could devife to avoid all efTefts of fequeftration, confifcation, or any 
 ether ohjlack thrown in the way by any law, particularly pointed 
 againrt the recovery of fuch debts.** 
 
 Judge Chase. — " Thefe words (the words of the fourth arti- 
 cle) have both a r^trofpedive and future afpeft." — •* Thp fourth 
 article did intend to deflroy all lawful impediments, pafi and fu- 
 ture'' — " The llipulation could pot intend only to repeal laws that 
 created legal impediments to the recovery of the debt, (without 
 refpeft to the mode of payment) becaufe the mere repeal of a law 
 would not deftroy aSlsdone, and rights acquired under the law, du- 
 ring its exiftence before the repeal." '♦ The legiflatures of the 
 flates have often cxcrcifed the power of impairing, and in fbmp 
 inftances, almolt annihilatingt the obligation of contraiis ; as by ten- 
 der Inivs, which made an offer to pay, and a refufal to receive paper 
 money, for afpeciedebt, an extinguiihmcnt, to the amount tender- 
 ted." — '* It is admitted that the treaty intended, and did annul fome 
 of the laws of the ftatgs, to wit, any laws, pafi q\ future^ that autho- 
 rifed a tender of paper fnoney, to extinguijh or difcharge the debt, 
 &c. &:c- becaufe if the words *^ fier ling money'''' have not this ef- 
 feft, it cannot be fhewn that they have any other. If the treaty 
 could nullify fome laws, it will be difficult to maintain that it 
 could not equally annul others." 
 
 Judge Gushing.— *• The plain and obvious meaning of it 
 goes to nullify ab initio all laws, or the impediments of any lanVj as 
 far as they might have been defigned to impair or impede the cre- 
 ditors right or remedy againfl the original debtor." 
 
 Judge Pater SON.- — " The words, *' (ball meet with no lawful 
 ** impediment," refer tolegidative afts, and e'very thing dene un- 
 der them y fo far as the creditor m'jht be o,il'"e^)ed, nv obftrnftod^ 
 in regard either to his remedy or right. Ail lawful impediments 
 of whatever kind they might be, whether they related to perfonal 
 difabilities, or confifcations^ fequeftrations, or payments into loan 
 pfHces or treafurics, are retno'ved. No aft of any ftate legiflature, 
 and no pajjnini made under fuch aci, into the public coffers, fhall 
 
 .^««;»-^ 
 
 hs 
 
( 7« ) 
 
 r^' 
 
 iit, 
 
 { 
 
 .! 
 
 I 
 
 cibftruft the creditor in the courfc of recovery ap;aiiii! Ms debtor. 
 The aft itfeU is a lawful impediment and therefore r-v'pealcd : tf>e 
 payment under the ail is ti/fo a lawful impediment ^ and therefore is 
 made 'vo:d. The article is to be conitrucd according to the fub- 
 jedl matter or nature of the impediment; it repeals in the firtl 
 infiance, and nullifies in the fecond.'* " It (^ipulates ihat the cre- 
 ditor (hall recover the lull value of his debt in fterlin^f money ; 
 thereby fecuring and guarding him againjt nil i>aymcnts in p{ip,:r 
 money.'* '* The defign unquellionably wa:i to rcfiorc the creditor 
 and debtor to their original flate, and place them precfely iti the 
 jituation they ivauld hai>e finod in, if no war had intervened, or ad 
 of the Legiflature of Virginia, had been pafTcd. The impediments 
 created by Icgiflative atTs, and the paytnents made i>t inofuancc of 
 them, and all the e'vils grooving out of them, were lb far as refpt'd- 
 cd creditors dovic away and cured." ••The article reinjlates the 
 parties ; the creditor and debtor hefortj the war, are creditor and 
 debtor fince. As they food then they flaiul ho-ik), 
 
 — — " To prevent miftakes it is to be underflood, thnt my ar- 
 gument embraces none but lawful impediments within the mean- 
 ing of the treaty, yW? rti legiflative ads, and payments under 
 them into loan offices and trcafuries. An impediment created by 
 law, (lands on different ground from an impediment created by 
 the creditor- "• 
 
 7. J Plea may be a la^vful impediment iviihin the tneatiing of 
 the treaty of peace, 
 
 Judc:e Chase. — '' Shall meet with no lawful impediment" to 
 «' the ^recovery j'' that is to the right of adion, judgment, 
 and execution, and receipt of the money, wiihcmt impediments 
 in the courts of jrftice ; which could only be by Pica (as in the 
 prefent cafe) or by proceedings after judgment, to compel receipt 
 of paper money 'or property, inilead of llcrling money. The 
 word reco'vcry is very compre'henfive, and operates in the prefent 
 cafe, to give remedy from the commencement of the fuit to the 
 receipt of the money." — " 1 conlider the fourth article in this 
 light, thrt it is not a llipulation that anain atis fhail be done, 
 and that it was necefTary for the legiflatures of individual tlates t(j 
 do thofe ads : but that it is an exprefs agreement, that certcnu things 
 jhaJl net be permlticd in the Jmerican courts of j if ice ; and that it 
 is a contract on behalf of thole courts, that they i<ijl not uiknv juch 
 <iiis to he flead:cl in bar, to prevent a recovery of certain EnLip 
 ebts. h-> creditors can only luc for the recovery of their debts 
 
 " The. ?.bnve genrrft! fentencf;!;, wl-.kh thus conclude the learned Judges .argu- 
 ment in the rerort. cc.nta'm pofitio.-;'? which never can be. diiVutcd, and tf.ke no- 
 thin" from tiic torti- oF the' piinciplcs hefure hiid down. The report was not 
 nubhfhed tiH after tl-c r-folurion of the- Board in the cafe of I'iulary, whrr.' 
 ihev held the ttr.p^imcnr to ■^xM-'. ret jVski dc a^ cj :ic crdim-y but of the 
 
In cruris t.fjuftite. nnj it is onl , in ccuris ofjuHlcf, tliai a lc^,al 
 imiu'ctiincnt can be Iti up jy »' . ■ of /iV^, in bar ot the ir aillions, 
 it appeals to nic, that the comti. aiv bound to ever rub every (uch 
 pica if contrary to the treaty. A recovery of a debt can only be 
 prcvtnted by a plea in bar to the aiilun.'* 
 
 H. Opcrrjirjt f)f Icgijlaii've aSis in South Carolina, fojfedfince 
 the penci'^ ngaiiij) the recovery of debts, 
 
 judpes Mathews and RuTLrncR, in their decree, (as ap- 
 penr'^ from an attclteJ copy) in the court of Chancery of South 
 Carolina, in the calc o\' Greenv.ccd and Hig^hi/on, fverfus Air and 
 nl^trs, dated the 2oih of March 1795 ; wlicre the quellion was, 
 whether the complainants (Britifh luhjtcti) were guilty of laches 
 or negligence, in not proceeding to recover payment ot the debt? 
 uetlared as t'oliowf., " As to the time which elapled fiace 1774 to the 
 prtl. tit pcticid, iliat is eafily accounted for. Fror. 1774 to 1783, 
 the war proveutcd any thing being done ; and from 1783 : II 1793, 
 ire repeauil initrjcrcKces of the Itgifature, beinjueen creditors and debt' 
 CIS, madf i: all '^^et her i:nfoJJil>l,' to recc^^-ct debts, duritv^ that time.^^--^ 
 
 9. On the fubjeft of certain pofitions which had been main- 
 tained oij the pan of the Llnited Stales, and were noticed in the ie- 
 eoiid relblutioit iii tliecale of Allen, it appears, that Federal Judges 
 had, in very rtrong and unequivocal terms, delivered fentiments, 
 refpefting the operation of the frji article of the treaty of peace, 
 wh'ch ncccfiarily led to the fame concluiicn as that which a majo- 
 riiy of the Buanl, in that cafe exprrJled, Hefides the opinions of 
 Judges Chafe, Patcrfon, and Pendleton of Virginia, quoted in 
 that reiblution, an obfervation ♦* on the validity of the treatv of 
 ♦♦ peace" made by Judge Fendlefjn of Georgia, in the Circuit 
 court of the United States, in v'eciding the cafe of Brai/sfcrd and 
 others againlf Spalding, in May 1792, may be referred to, as 
 Ifatcd in a printed report of tl)e caie, the accuracy of which li^LS 
 not been ditputed. 
 
 1 HE k::\ !).