recovery of the full value, in fterling money, of "all bona fide debts heretofore contracted.

Art. 5. It is agreed that Congrefs fhall earnestly "recommend it to the Legislatures of the refpective "States, to provide for the reftitution of all eftates, rights, and properties, which have been confifcated, belonging to real British fubjects-and also of "the eftates, rights, and properties of perfons refi"dent in diftricts in the poffeffion of his Majefty's

arms, and who have not borne arms against the "United States; and that perfons of any other de

scription fhall have free liberty to go to any part or "parts of the Thirteen United States, and therein "to remain twelve months unmolested in their en"deavours to obtain the reftitution of fuch of their "eftates, rights, and properties, as may have been "confifcated; and that Congrefs fhall earnestly re"commend to the feveral States a reconfideration and "revifion of all acts or laws regarding the premises, "fo as to render the faid laws or acts perfectly con"fiftent, not only with justice and equity, but with "that spirit of conciliation, which on the return of "the bleffings of peace fhould univerfally prevail : "and that Congrefs fhould earnestly recommend to "the feveral States, that the eftates, rights, and "properties to fuch laft-mentioned perfons fhall be "reftored to them, they refunding to any perfons "who may be now in poffeffion, the bona fide "price (where any has been given) which fuch per"fons may have paid on purchafing any of the faid "lands, rights, or properties, fince the confifca

❝tion.

"And it is agreed that all perfons who have any "interest in confifcated lands, either by debts, mar"riage fettlements, or otherwife, fhall meet with no "lawful impediment in the profecution of their juft rights.

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D 4

"Art.

"Art. 6. That there fhall be no future confifca"tions made, nor any profecutions commenced "against any perfon or perfons 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 ac"count fuffer any future lofs or damage, either in "his perfon, liberty, or property; and that those "who may be in confinement on fuch charges, at "the time of the ratification of the treaty in Ame"rica, fhall be immediately fet at liberty, and the profecutions fo commenced be difcontinued."

On the part of the British Government, the ftipulation of the fourth article was extremely unwife. That Government must have known nothing at all of the powers of the Congrefs, or of the difpofition of the State Governments, if it did not anticipate the manifold evils that have refulted from this ftipulation. But how could the British Government imagine that the Congrefs had authority to engage pofitively in one article, and only conditionally in another? Several of the States had interpofed lawful impediments" to the recovery of debts contracted before the war, with the loyal fubjects of his Majefty. This was well known, and it ought alfo to have been known, that the Congrefs had no power to remove thofe impediments, any more than it had to remove the impediments to the recovery of real property. The truth is, that this ftipulation was 'occafioned by the juft remonftrances of the British merchants, whofe iniquitous debtors had, under the fanction of the no lefs iniquitous State laws, withheld payment, and who had extorted from LORD SHELBURNE a promife, that this payment fhould be pofitively provided for by the treaty. But one might have expected to find, in a Statefiman, in a Prime Minifter of Great Britain, fagacity enough to perceive, that the fulfilment of fuch a promife was to lay the foundation for endlets difputes and animofity.

This one ftipulation has done more injury to the political interests of Great Britain, with regard to America, than all the other causes of misunderstanding put together. It was, and yet is (in 1801), the apple of difcord between the two countries, and fuch it will remain till fome minifter fhall have the good fenfe and refolution to put an end to its effects by a clear, fair, and final fettlement. The British creditors fhould be paid; but, for the fake of two millions fierling, Great Britain and the United States of America fhould not be kept in a state of continual difagreement and hatred *.

The Congrefs iffued its recommendations, which were obferved, or not observed, juft as the respective States found their intereft in the obfervance, or in the non-obfervance. In the State of New-York, for inftance, it was not without great difficulty that the Legislature was prevented from fetting afide every ftipulation in favour of Great Britain. Acts

* It is notorious, that one of the principal objects of the inftigators of, and leading actors in, the rebellion, was to wipe off the debts which they owed to the mother-country. How foolish was it, then, to fuppofe that they would pay thofe debts, after they had fucceeded in that rebellion! The treaty, like most of our other treaties, exhibits a strange mixture of meannefs and prodigality: with one hand we extort a promiffory note for a couple of millions, and with the other we throw away thirteen populous and flourishing Colonies. In the treaty of 1794, inftead of recovering this falle ftep, we have gone a step further in folly. Still hankering after the two paltry millions, we have revived the old fcore, and, along with it, all the animofity of the rebel war; we have made thofe our decided enemies, who would have been neutral, at least, with respect to us; we have fostered every prejudice against England, and When the treaty of every difpofition favourable to France. 1794 arrived in America, men of sense lifted their hands and eyes at our folly. A member of Congrefs, fpeaking to me of the 6th article, said, that, if Robefpierre had had to dictate, he could not have dictated any thing better calculated to ferve the caufe of France. See in vol. xii. an account of the proceedings of the Board of Commif

fioners.

were

were propofed to be paffed for banishing one part, and disfranchifing another part of thofe perfons for whose tranquillity and liberty Great Britain had made fuch immenfe facrifices. An extract from a pamphlet of MR. HAMILTON, who wrote under the name of PHOCION, and who made a noble ftand against the unjuft, cruel, and cowardly measures of the Whigs, will give the reader fome idea of the conduct and the intentions of thofe implacable perfecutors of loyalty.

"If there had been no treaty in the way, the Legiflature might, by name, have attainted particular perfons of high treafon for crimes committed during the war; but independent of the treaty it could not, and cannot without tyranny, disfranchife or punish whole claffes of citizens by general defcriptions, without trial and conviction of offences known by laws previously established, declaring the offence, and prefcribing the penalty.

"Let the people beware of bad counsellors.However a few defigning men may rife in confe quence, and advance their private interefts by fuch expedients, the people at large are fure to be the lofers in the event, whenever they fuffer a departure from the rules of general and equal juftice, or from the true principles of univerfal liberty.

"Thefe men not only overleap the barriers of the Conftitution without remorfe, but they advise us to become the fcorn of nations, by violating the folemn engagements of the United States. They endeavour to mould the treaty with Great Britain, into fuch form as pleases them, and to make it mean any thing or nothing, as fuits their views.-They tell us, that all the ftipulations with refpect to the Tories are merely that Congrefs will recommend, and the States may comply, or not, as they please.

"But let any man of fenfe and candour read the treaty, and it will fpeak for itself. The fifth article

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is indeed recommendatory; but the fixth is as pofitive as words can make it: "There fhall be no future "confifcations made, nor profecutions commenced against any person or perfons, for or by reafon of "the part which he or they may have taken in the prefent war, and no perfon fhall on that account "fuffer any future lofs or damage, either in his per-. "fon, liberty, or property."

"

"As to the restoration of confifcated property, which is the fubject of the fifth article, the States may restore, or not, as they think proper, because Congrefs engage only to recommend; but there is not a word about recommendation in the fixth article.

"The found and ingenuous conftruction of the two articles taken collectively, is this: that where the property of any perfons, other than those who have been in arms against the United States, had been actually confiscated, and themselves profcribed, there Congress are to recommend a restoration of eftates, rights, and properties; and with refpect to those who had been in arms, they are to recommend permiffion for them to remain a twelvemonth in the country, to folicit a like restoration: but with respect to all those who were not in this fituation, and who had not already been the objects of confifcation and banishment, they were to be abfolutely fecured from all future injury to perfon, liberty, or property.

"To fay that this exemption from pofitive injury, does not imply a right to live among us as citizens, is a pitiful fophiftry: it is to say that the banishment of a person from his country, connexions, and refources (one of the greatest punishments that can befall a man), is no punishment at all.

"The meaning of the word liberty has been contefted. Its true fenfe must be the enjoyment of the common privileges of fubjects under the fame Government. There is no middle line of just conftruction between this fenfe and a mere exemption from

I

perfonal