withholding our posts they added the obstruction of all passage along the lakes and their communications. 2. It secluded us from connexion with the north-western Indians, from all opportunity of keeping up with them friendly and neighbourly intercourse, brought on us consequently, from their known dispositions, constant and expensive war, in which numbers of men, women and children have been, and still are daily falling victims to the scalping knife, and to which there will be no period, but in our possession of the posts which command their country.

It may safely be said then, that the treaty was violated in England, before it was known in America, and in America, as soon as it was known, and that too in points so essential, as that without them it would never have been concluded.

S. 29. And what was the effect of these infractions on the American mind? On the breach of any article of a treaty by the one party, the other has its election to declare it dissolved in all its articles, or to compensate itself by withholding execution of equivalent articles; or to wave notice of the breach altogether.

Congress being informed that the British commanding officer was carrying away the negroes from New York, in avowed violation of the treaty, and against the repeated remonstrances of general Washington, they take up the subject on the 26th of May, 1783; they declare that it is contrary to the treaty; direct that the proper papers be sent to their ministers plenipotentiary in Europe to remonstrate, and demand reparation, and that, in the mean time, general Washington continue his remonstrances to the British commanding officer, and insist on the discontinuance of the measure. See document No. 29.

S. 30. The state of Virginia, materially affected by this infraction, because the labourers thus carried away were chiefly from thence, while heavy debts were now to be paid to the very nation which was depriving them of the means, took up the subject in December, 1783, that is to say, seven months after that particular infraction, and four months after the first refusal to deliver up the posts, and instead of arresting the debts absolutely, in reprisal for their negroes carried away, they passed [D. 5.] the

act to revive and continue the several acts for suspending the issuing executions on certain judgments until December, 1783, that is to say, they revived till their next meeting two acts passed during the war, which suspended all voluntary and fraudulent assignments of debt, and as to others, allowed real and personal estate to be tendered in discharge of executions: the effect of which was to relieve the body of the debtor from prison, by authorizing him to deliver property in discharge of the debt. In June following, thirteen months after the violation last mentioned, and after a second refusal by the British commanding officer to deliver up the posts, they came to the resolution No. 30, reciting specially the infraction respecting their negroes, instructing their delegates in Congress to press for reparation; and resolving, that the courts shall be opened to British suits, as soon as reparation shall be made, or otherwise, as soon as Congress shall judge it indispensably necessary. And in 1787, they passed [C. 7.] the act to repeal so much of all and every act or acts of assembly, as prohibits the recovery of British debts; and at the same time [E. 6.] the act to repeal part of an act for the protection and encouragement of the commerce of nations acknowledging the independence of the United States of America. The former was not to be in force, till the evacuation of the posts, and reparation for the negroes carried away. The latter requires particular expla nation. The small supplies of European goods, which reached us during the war, were frequently brought by captains of vessels and supercargoes, who, as soon as they had sold their goods, were to return to Europe with their vessels. To persons under such circumstances, it was necessary to give a summary remedy for the recovery of the proceeds of their sale. This had been done by the law for the protection and encouragement of the commerce of nations acknowledging the independence of the United States, which was meant but as a temporary thing, to continue whilst the same circumstances continued: On the return of peace, the supplies of foreign goods were made, as before the war, by merchants resident here. was no longer reason to continue to them the summary remedy, which had been provided for the transient vender of goods: And indeed it would have been unequal to have given the resident merchant instantaneous judgment

There

against a farmer or tradesman, while the farmer, or tradesman, could pursue those who owed him money, but in the ordinary way, and with the ordinary delays. The British creditor had no such unequal privilege, while we were under British government, and had no title to it, in justice, or by the treaty, after the war. When the legislature proceeded then to repeal the law, as to other nations, it would have been extraordinary to have continued it for Great Britain.

S. 31. South Carolina was the second state which moved in consequence of the British infractions, urged thereto by the desolated condition in which their armies had left that country, by the debts they owed, and the almost entire destruction of the means of paying them. They passed [D. 7. 20.] 1784, Mar. 26, an ordinance respecting the recovery of debts, suspending the recovery of all actions, as well American as British, for nine months, and then allowing them to recover payment at four equal and annual instalments only, requiring the debtor in the mean time, to give good security for his debt, or otherwise refusing him the benefit of the act-by

[D. 21.] 1787, Mar. 28. An act to regulate the recovery and payment of debts, and prohibiting the importation of negroes, they extended the instalments a year further in a very few cases. I have not been able to procure the two following acts [D. 14.] 1785, Oct. 12, An act for regulating sales under executions, and for other purposes therein mentioned, and

[D. 22.] 1788, Nov. 4. An act to regulate the payment and recovery of debts, and to prohibit the importation of negroes for the time therein limited; and I know nothing of their effect, or their existence, but from your letter, which says, their effect was to deliver property in execution, in relief of the body of the debtor, and still further to postpone the instalments. If, during the existence of material infractions on the part of Great Britain, it were necessary to apologize for these modifications of the proceedings of the debtor, grounds might be found in the peculiar distresses of that state, and the liberality with which' they had complied with the recommendatory articles, notwithstanding their sufferings might have inspired other dispositions, having pardoned every body, received every

body, restored all confiscated lands not sold, and the prices of those sold.

S. 32. Rhode Island next acted on the British infractions, and imposed modifications in favour of such debtors as should be pursued by their creditors, permitting them to relieve their bodies from execution by the payment of paper money, or delivery of property. This was the effect of [D. 12.] 1786, Mar. An act to enable any debtor in jail, on execution at the suit of any creditor, to tender real, or certain specifick articles of personal estate, and

[D. 16.] 1786, May, An act making paper money a legal tender. But observe, that this was not till three years after the infractions by Great Britain, and repeated and constant refusals of compliance on their part.

S. 33. New Jersey did the same thing, by

[D. 13.] 1786, Mar. 23, An act to direct the modes of proceedings on writs of fieri facias, and for transferring lands and chattels for payment of debts, and

[D. 18.] 1786, May 26, An act for striking, and making current 100,000l. in bills of credit, to be let out on loan, and

[D. 17.] 1786, June 1, An act for making bills, emitted by the act for raising a revenue of 31,2591. 5s. per annum, for twenty-five years, a legal tender, and

S. 34. Georgia, by [D. 19.] 1786, Aug. 14, An act for emitting the sum of 50,000l. in bills of credit, and for establishing a fund for the redemption, and for other purposes therein mentioned, made paper money also a legal tender.

These are the only states which appear, by the acts cited in your letter, to have modified the recovery of debts. But I believe that North Carolina also emitted a sum of paper money, and made it a tender in discharge of executions; though, not having seen the act, I cannot affirm it, with certainty. I have not mentioned, because I do not view the act of Maryland [D. 15.] 1786, Nov. C. 29, for the settlement of publick accounts, &c. as a modification of the recovery of debts. It obliged the British subject, before he could recover what was due to him within the state, to give bond for the payment of what he owed

therein. It is reasonable that every one, who asks justice, should do justice; and it is usual to consider the property of a foreigner, in any country, as a fund appropriated to the payment of what he owes in that country, exclusively. It is a care which most nations take of their own citizens, not to let the property, which is to answer their demands, be withdrawn from its jurisdiction, and send them to seek it in foreign countries, and before foreign tribunals.

S. 35. With respect to the obstacles thus opposed to the British creditor, besides their general justification, as being produced by the previous infractions on the part of Great Britain, each of them admits of a special apology. They are, 1st. Delay of Judgment. 2. Liberating the body from execution, on the delivery of property. 3. Admitting executions to be discharged in paper money. As to the 1st, let it be considered, that from the nature of the commerce carried on between these States and Great Britain, they were generally kept in debt; that a great part of the country, and most particularly Georgia, South Carolina, North Carolina, Virginia, New York, and Rhode Island had been ravaged by an enemy, moveable property carried off, houses burnt, lands abandoned, the proprietors forced off into exile and poverty. When the peace permitted them to return again to their lands, naked and desolate as they were, was instant payment practicable? The contrary was so palpable, that the British creditors themselves were sensible, that were they to rush to judgment immediately against their debtors, it would involve the debtor in total ruin, without relieving the credi tor. It is a fact, for which we may appeal to the knowledge of one member at least of the British administration of 1783, that the chairman of the North American merchants, conferring on behalf of those merchants with the American ministers then in London, was so sensible that time was necessary, as well to save the creditor as debtor, that he declared there would not be a moment's hesitation, on the part of the creditors, to allow payment by instalments annually for seven years, and that this arrangement was not made, was neither his fault nor ours.

To the necessities for some delay in the payment of debts may be added the British commercial regulations, lessening our means of payment, by prohibiting us from