had secret orders to justify him in this transaction; but the reason given out was, that as they had quitted their masters and joined the king's troops on the faith of proclamations promising them their liberty, the national honor forbad returning them into slavery. The national honor was, it seemed, pledged to both parts of a contradiction, and its wisdom, since it could not do it with both, chose to keep faith rather with its old black, than its new white friends: a circumstance demonstrating clear as day-light, that in making a present peace, they meditated a future war, and hoped, that though the promised manumission of slaves had not been effectual in the last, in the next it might be more successful; and that had the negroes been forsaken, no aid could hereafter be expected from those of the color in a future invasion. The treaty however with us was thus broken almost as soon as made, and this by the people who charge us with breaking it by not paying perhaps for some of the very negroes carried off in defiance of it. Why should England observe treaties, when these Americans do not pay their debts?

Unreasonable, however, as this clamor appears in general, I do not pretend, by exposing it, to justify those debtors who are still able to pay, and refuse it on pretence of injuries suffered by the Public injuries can never discharge private obligations. Contracts between merchant and merchant should be sacredly observed, where the

war.

ability remains, whatever may be the madness of ministers. It is therefore to be hoped the fourth article of the treaty of peace which stipulates, that no legal obstruction shall be given to the payment of debts contracted before the war, will be punctually carried into execution, and that every law in every state which impedes it, may be immediately repealed. Those laws were indeed made with honest intentions, that the half-ruined debtor, not being too suddenly pressed by some might have time to arrange and recover his affairs so as to do justice to all his creditors. But since the intention in making those acts has been misapprehended, and the acts wilfully misconstrued into a design of defrauding them, and now made a matter of reproach to us, I think it will be right to repeal them all. Individual Americans may be ruined, but the country will save by the operation, since these unthinking merciless creditors must be contented with all that is to be had, instead of all that may be due to them, and the accounts will be settled by insolvency. When all have paid that can pay, I think the remaining British creditors who suffered by the inability of their ruined debtors, have some right to call upon their own government, (which by its bad projects has ruined those debtors) for a compensation. A sum given by parliament for this purpose would be more properly disposed, than in rewarding pretended loyalists, who fomented the war. And the heavier the sum,

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the more tendency it might have to discourage such destructive projects hereafter.

Among the merchants of Britain, trading formerly to America, there are to my knowledge many considerate and generous men, who never joined in this clamor, and who, on the return of peace, though by the treaty intitled to an immediate suit for their debts, were kindly disposed to give their debtors reasonable time for restoring their circumstances, so as to be able to make payment conveniently. These deserve the most grateful acknowledgments. And indeed it was in their favor, and perhaps for their sakes in favor of all other British creditors, that the law of Pennsylvania, though since much exclaimed against, was made restraining the recovery of old debts during a certain time. For this restraint was general, respecting domestic as well as British debts, it being thought unfair, in cases where there was not sufficient for all, that the inhabitants, taking advantage of their nearer situation, should swallow the whole, excluding foreign creditors from any share. And in cases where the favorable part of the foreign creditors were disposed to give time, with the views above-mentioned, if others less humane and considerate were allowed to bring immediate suits and ruin the debtor; those views would be defeated. When this law expired in Sept. 1784, a new one was made, continuing for some time longer the restraint with respect to

domestic debts, but expressly taking it away where the debt was due from citizens of the state to any of the subjects of Great Britain; which shows clearly the disposition of the assembly, and that the fair intentions above ascribed to them in making the former act, are not merely the imagination of the writer.

Indeed the clamor has been much augmented by numbers joining it who really had no claim on our country. Every debtor in Britain, engaged in whatever trade, when he had no better excuse to give for delay of payment, accused the want of returns from America. And the indignation thus excited against us now appears so general among the English, that one would imagine their nation which is so exact in expecting punctual payment from all the rest of the world, must be at home the model of justice, the very pattern of punctuality. Yet if one were disposed to recriminate, it would

Extract from an Act of General Assembly of Pennsylvania, intituled, "An Act for directing the mode of recovering debts contracted before the first day of January, in the year of our Lord one thousand seven hundred and seventy-seven."

Exception in favor of British Creditors.

"Sect. 7. And provided also, and be it further enacted by the authority aforesaid, that this Act, nor any thing therein contained, shall not extend, or be construed to extend to any debt or debts which were due before the fourth day of July one thousand seven hundred and seventy-six by any of the citizens of the State, to any of the subjects of Great Britain."

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not be difficult to find sufficient matter in several parts of their conduct. But this I forbear. The two separate nations are now at peace, and there can be no use in mutual provocations to fresh enmity. If I have shown clearly that the present inability of many American merchants to discharge their debts contracted before the war, is not so much their fault, as the fault of the crediting nation, who by making an unjust war on them, obstructing their commerce, plundering and devastating their country were the cause of that inability, I have answered the purpose of writing this paper. How far the refusal of the British court to execute the treaty in delivering up the frontier posts, may on account of that deficiency of payment be justifiable, is cheerfully submitted to the world's impartial judgment.

END OF VOL. I.