an appendix references to justify and explain the documents by which they are authenticated.

Although I have employed every exertion in my power to acquire the most accurate and general information upon the respective points comprehended in this abstract, it is still possible, that many materials may have been out of my reach, or that, in the extensive collection of laws and of other documents which I have been obliged to peruse and digest, many objects may have escaped my notice. It is possible, that acts of the states, of which I have complained, as militating against the treaty of peace, may have been repealed or modified by succeeding legislatures; and that decisions of the state courts, which I have alleged as violations of the treaty, may have been rectified by subsequent determinations. I am not conscious of any errours or misrepresentations of this nature; but if any such should exist in the abstract, I desire you, sir, to be persuaded, that they have been totally unintentional on my part, and that I shall be extremely solicitous to have them explained and corrected.

Immediately after the ratification of the definitive treaty of peace, the Congress of the United States, by a proclamation, announcing that event, and by a resolve dated, 14th Jan. 1784, required and enjoined all bodies of magistracy, legislative, executive, and judiciary, to carry into effect the definitive articles, and every clause and sentence thereof, sincerely, strictly, and completely-and earnestly recommended to the legislatures of the respective states to provide for the restitution of all estates, rights, and properties confiscated, belonging to real British subjects, and of estates, rights, and properties of persons resident in districts in possession of his majesty's arms, between the 30th Nov. 1782, and 14th Jan. 1784, who had not borne arms against the United States; and that persons of any other description should have liberty to go to any part of the United States, to remain twelve months, unmolested in their endeavours to obtain the restitution of their estates, rights, and properties confiscated. It was also recommended to the several states to reconsider and revise all laws regarding the premises, so as to render them perfectly consistent with justice and that spirit of conciliation, which, on the return of the blessings of peace, should universally prevail-and it was farther recommended, that the estates, rights, and properties of such last mentioned persons

should be restored to them, they refunding the bona fide price, paid on purchasing any of the said lands, rights, and properties, since the confiscation.

In consequence of the little attention, which had been manifested to this proclamation and recommendation, and of the answer given, (20th Feb. 1786) by the marquis of Carmarthen, to the requisitions of Mr. Adams, respecting the posts and territories, ceded by the treaty of peace to the United States, the Congress transmitted, in April, 1787, a circular letter to the governours of the respective states, recommending it to the different legislatures to repeal such acts, or parts of acts, as were repugnant to the treaty of peace between his Britannick majesty and the United States, or any article thereof, and that the courts of law and equity should be directed and required, in all causes and questions cognizable by them respectively, and arising from, or touching the said treaty, to decide and adjudge according to the tenour, true intent, and meaning of the same, any thing in the said acts or parts of acts to the contrary thereof in any wise notwithstanding. In this circular letter, after enforcing in the most energetick manner the regard, due to solemn national compacts, and the impropriety of the individual states attempting to contravene, or even discuss stipulations, which had been sanctioned by their general government, the Congress further declare, they have deliberately and dispassionately examined and considered the several facts and matters urged by Great Britain as infractions of the treaty of peace, on the part of America; and regret, that, in some of the states, too little attention appears to have been paid to the publick faith, pledged by the treaty.'

It is observable that Congress, neither in this proclamation nor recommendation, take any notice of the fourth article of the treaty of peace, by which it was agreed that creditors on either side should meet with no lawful impediment to the recovery of the full value, in sterling money, of all bona fide debts, theretofore contracted; nor does either the proclamation or recommendation extend to the stipulations in the close of the fifth article, whereby it was agreed that all persons who have any interests in confiscated lands, either by debts, marriage settlements, or otherwise, should meet with no lawful impediment in the prosecution of their just rights.

This omission of these essential points can only be as

cribed to the conviction that Congress entertained, that it was totally unnecessary to specify them, as they were stipulations positive and obligatory upon the individual states, and that no local regulation was competent either to confirm or invalidate them. It does not, however, appear that this proclamation and recommendation had any general and extensive effect upon the legislatures of the respective states, as, in consequence thereof, even the formality of a municipal adoption of the treaty, either in the nature of a repeal of existing laws, repugnant to the treaty of peace, or of a declaratory law, establishing the treaty of peace as the supreme law of the land, seems to have been confined to a small portion of the several states.

Having thus stated the measures pursued by Congress to give validity and effect to the engagements contained in the treaty of peace, it is now expedient to specify in detail the particular acts, which Great Britain considers as infractions of the treaty on the part of the United States; and it will tend to simplify the discussion, to make the following arrangement:

1. To define what Congress has enforced or omitted. 11. To advert to the conduct observed by the individual states generally, in respect to the treaty of peace,

In not repealing laws that existed antecedently to the pacification,

In enacting laws subsequent to the peace in contravention of the treaty,

And in the decisions of the state courts upon questions affecting the rights of British subjects.

As to the first of these points, it cannot be presumed, that the commissioners, who negotiated the treaty of peace, would engage in behalf of Congress to make recommendations to the legislatures of the respective States, which they did not expect to be effectual, or enter into direct stipulations, which they had not the power to enforce. And yet the laws were not repealed which Congress recommended to be repealed, nor were the stipulations enforced which Congress was absolutely pledged to fulfil. It does not appear-that any of the state legislatures repealed their confiscation laws, or provided for the restitution of all estates, rights and properties of real British subjects which had been confiscated, and of persons resident in districts in the possession of his majesty's arms, who had not borne arms against the United States-that

persons of other descriptions were at liberty to remain twelve months in the United States, unmolested in their endeavours to obtain the restoration of their confiscated estates, rights and properties-that the acts of the several states which respected confiscations, were in many of the states reconsidered or revised-nor, finally, have British creditors been countenanced or supported either by the respective legislatures, or by the state courts, in their endeavours to recover the full value of debts, contracted antecedently to the treaty of peace. On the contrary, in some of the states, the confiscation laws have been acted upon since the peace, and new legislative regulations have been established to carry them into effect. In many of the states, the subjects of the crown, in endeavouring to obtain the restitution of their forfeited estates and property, upon refunding the price to the purchasers, have been treated with indignity-menaced, exposed to personal danger, and in some instances imprisoned. Prosecutions have been commenced against his majesty's subjects for the part which they had taken in the late war. In many of the states, laws have actually passed, delaying the legal investigation of just claims, and abridging the demands of British merchants. Local regulations, in respect to the tender of property, in discharge of just debts, have prevailed to such an extent as to amount to a prohibition of suits. Paper money, emitted by particular states, has been made at its nominal value legal tender and payment for all debts, for the recovery of which actions were commenced at the time when money of that description was greatly depreciated. Creditors, too, in some of the states, were exposed to the necessity of taking real or personal property, at a valuation made by a partial, prejudiced, or interested neighbourhood, while, in other states, when the question of alienage has been under discussion, the courts of law and equity have determined, that a subject of Great Britain, residing within the king's dominions, at and after the declaration of independence, was not competent to acquire or hold real property within the United States. In many of the state courts, decisions have taken place, reducing the amount of British debts, in violation of the terms of the original contracts, and some of those courts have positively refused to take cognizance of suits, instituted for the recovery of British debts. These facts will be more fully illustrated under the next head of arrange

ment.

11. To advert to the conduct observed by the individual states, generally, in respect to the treaty of peace.

1st. In not repealing the laws that existed antecedently to the pacification.

During the war, the respective legislatures of the United States passed laws to confiscate and sell, to sequester, take possession of, and lease, the estates of the loyalists, and to apply the proceeds thereof towards the redemption of certificates and bills of credit, or towards defraying the expenses of the war-to enable debtors to pay into the state treasuries, or loan offices, paper money, then exceedingly depreciated, in discharge of their debts. Under some of the laws, many individuals were attainted by name, others were banished for ever from the country, and, if found within the state, declared felons, without benefit of clergy. In some states, the estates and rights of married women, of widows, and of minors, and of persons who had died within the territories possessed by the British arms, were forfeited. Authority also was given to the executive department to require persons who adhered to the crown to surrender themselves, by a given day, and to abide their trials for high treason; in failure of which, the parties so required were attainted, were subject to, and suffered, all the pains, penalties, and forfeitures awarded against persons attainted of high treason. In one state, (New York) a power was vested in the courts to prefer bills of indictment against persons alive or dead, who had adhered to the king, or joined his fleets or armies, if in full life, and generally reputed to hold or claim, or, if dead, to have held or claimed, at the time of their decease, real or personal estate. And upon notice or neglect to appear and traverse the indictment, or, upon trial and conviction, the persons charged in the indictment, whether in full life or deceased, were respectively declared guilty of the offences charged, and their estates were forfeited, whether in possession, reversion, or remainder. In some of the states confiscated property was applied to the purposes of publick buildings and improvements, in others was appropriated as rewards to individuals for military services rendered during the war; and, in one instance, property mortgaged to a British creditor was liberated from the incumbrance by a special act of the legislature, as a provision for the representatives of the mortgager, who had fallen

in battle.