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As the treaty of peace, so far as it respects the matters and things provided for in it, is a law to the United States, which cannot, by all or any of them, be altered or changed, all State acts establishing provisions relative to the same objects, which are incompatible with it, must, in every point of view, be improper. Such acts do, nevertheless, exist; but we do not think it necessary either to enumerate them particularly, or to make them severally the subjects of discussion. It appears to us sufficient to observe and insist that the treaty ought to have free course in its operation and execution, and that all obstacles interposed by State acts be removed. We mean to act with the most scrupulous regard to justice and candor towards Great Britain, and with an equal degree of delicacy, moderation, and decision towards the States who have given occasion to these discussions.

For these reasons, we have in general terms―

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Resolved, That all such acts, or parts of acts as may be now 'existing in any of the States, repugnant to the treaty of peace, 'ought to be forthwith repealed, as well to prevent their continuing 'to be regarded as violations of that treaty as to avoid the disagree'able necessity there might otherwise be of raising and discussing 'questions touching their validity and obligation."

Although this resolution applies strictly only to such of the States as have passed the exceptionable acts alluded to, yet, to obviate all future disputes and questions, as well as to remove those which now exist, we think it best that every State, without exception, should pass a law on the subject; we have, therefore,

"Resolved, That it be recommended to the several States to make 'such repeal rather by describing than reciting the said acts, and for 'that purpose to pass an act, declaring, in general terms, that all such 'acts and parts of acts repugnant to the treaty of peace between the United States and his Britannic Majesty, or any article thereof, 'shall be, and thereby are, repealed; and that the courts of law and equity, in all causes and questions cognizable by them, respectively, 'and arising from or touching the said treaty, shall decide and 'adjudge according to the true intent and meaning of the same, any 'thing in the said acts or parts of acts to the contrary thereof in 'anywise notwithstanding."

Such laws would answer every purpose, and be easily formed. The more they were of the like tenor throughout the States the better. They might each recite that,

"Whereas certain laws and statutes made and passed in some of 'the United States are regarded and complained of as repugnant to the treaty of peace with Great Britain, by reason whereof not only 'the good faith of the United States, pledged by that treaty, has been 'drawn into question, but their essential interests under that treaty 'greatly affected; and whereas justice to Great Britain, as well as 'regard to the honor and interests of the United States, requires that 'the said treaty be faithfully executed, and that all obstacles thereto, and particularly such as do, or may be construed to proceed from 'the laws of the State, be effectually removed: Therefore,

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"Be it enacted by and it is hereby enacted by the "authority of the same, That such of the acts, or parts of acts of the Legislature of this State as are repugnant to the treaty of peace 'between the United States and his Britannic Majesty, or any 'article thereof, shall be, and hereby are, repealed; and further that 'the courts of law and equity within this State be, and they hereby 'are, 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 tenor, true intent, and 'meaning of the same, any thing in the said acts or parts of acts to 'the contrary thereof in anywise notwithstanding.'

Such a general law would, we think, be preferable to one that should minutely enumerate the acts and clauses intended to be repealed, because omissions might accidentally be made in the enumeration, or questions might arise, and perhaps not be satisfactorily determined, respecting particular acts or clauses about which contrary opinions may be entertained. By repealing in general terms all acts and clauses repugnant to the treaty, the business will be turned over to its proper department, viz: the judicial; and the courts of law will find no difficulty in deciding whether any particular act or clause is or is not contrary to the treaty. Besides, when it is considered that the judges in general are men of character and learning, and feel as well as know the obligations of office and the value of reputation, there is no reason to doubt that their conduct and judgments relative to these, as well as other judicial matters, will be wise and upright.

Be pleased, sir, to lay this letter before the Legislature of your State without delay. We flatter ourselves they will concur with us in opinion that candor and justice are as necessary to true policy as they are to sound morality; and that the most honorable way of

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delivering ourselves from the embarrassment of mistakes is fairly to correct and amend them. It certainly is time that all doubts respecting the public faith be removed, and that all questions and differences between us and Great Britain be amicably and finally settled. The States are informed of the reasons why his Britannic Majesty still continues to occupy the frontier posts, which by the treaty he agreed to evacuate; and we have the strongest assurances that an exact compliance with the treaty on our part shall be followed by a punctual performance of it on the part of Great Britain.

It is important that the several Legislatures should, as soon as possible, take these matters into consideration; and we request the favor of you to transmit to us an authenticated copy of such acts and proceedings of the Legislature of your State as may take place on the subject and in pursuance of this letter.

By order of Congress,

All which is submitted to the wisdom of Congress.

President.

JOHN JAY.

Extract from the Secret Journal, April 13, 1787.

The Secretary for Foreign Affairs having, in pursuance of an order of Congress, reported the draught of a letter to the States, to accompany the resolutions passed the 21st day of March, 1787, the same was taken into consideration, and unanimously agreed to, as follows:

Office for Foreign Affairs, April 23, 1787. The Secretary of the United States for the Department of Foreign Affairs, in obedience to the order of Congress directing him to report instructions to their Minister Plenipotentiary at the Court of London on the subject of his letter of 4th March, 1786, and of the papers which accompanied it, reports the following:

Resolved, That the Minister of the United States at the Court of Great Britain be, and he hereby is, instructed to inform his Britannic Majesty that Congress do candidly admit that the 4th and 6th articles of the treaty of peace have been violated in America, and that they consider the 7th article as having been violated on the part of Great Britain. That he do also inform his Britannic Majesty that

Congress are taking effectual measures for removing all cause of complaint on their part, and that he communicate to his Majesty their resolutions of the 21st day of March last, together with their circular letter to the States of the 13th day of April instant.

Resolved, That the said Minister be, and he hereby is, authorized and directed, in the name and behalf of the United States, to propose and conclude a convention with his Majesty, whereby it shall be agreed that the value of the slaves or other American property carried away contrary to the 7th article, be estimated by commissioners, and paid for; and that the said payment, together with a surrender of all the posts and places now held by his Majesty within the limits of the United States, shall be made within months after the several States shall each have passed such a law for repealing all the acts or parts of acts existing in the same, and repugnant to the said treaty, as is specified in the circular letter abovementioned; which months shall be computed from the time that formal notice of all the States having passed such laws shall be duly given to his Britannic Majesty.

Resolved, That the said Minister be, and he hereby is, further instructed to assure his Majesty that it will always give pleasure to Congress fairly and candidly to discuss and accommodate every difference and complaint that may arise relative to the construction or to the performance of the treaty. That they are determined to execute it with good faith; and that, as this is the only instance in which any complaints of that kind have ever come regularly before them, they flatter themselves that the frankness and candor of their conduct on this occasion will create in him the same confidence in the purity of their intentions which they repose in his assurances, "That whenever America shall manifest a real determination to fulfil her part of the treaty, Great Britain will not hesitate to coöperate in whatever points depend upon her for carrying every article into 'real and complete effect."

Resolved, That the said Minister be, and he hereby is, further instructed to endeavor to have an article inserted in the convention for the remission of the interest, or a portion of it, which accrued on private contracts during the war; and that he also endeavor to obtain an article to fix the true construction of the declaration for ceasing hostilities, and to stipulate that compensation be made for all captures contrary to it.

And to the end that the said Ministry may have the more ample information on the several subjects,

Ordered, That a copy of the report of the Secretary for Foreign Affairs on his said letter be transmitted to him, by means of some proper and confidential person that may be going from hence to London.

All which is submitted to the wisdom of Congress.

JOHN JAY.

Dear Sir,

FROM JOHN JAY TO JOHN ADAMS.

New York, June 6, 1786.

My last to you was dated the 4th ultimo; since which I have been honored with several from you, viz: two dated 24th November last, 9th, 16th, 17th, 20th, 22d, 26th, and 27th February, and 4th March last; all of which, with their several enclosures, were immediately laid before Congress.

I have at length the pleasure of informing you that nine States begin to be frequent in Congress, and, consequently, that there is a prospect of my being soon enabled to send you some despatches of more importance than many of my late ones have been.

It will not be long before a good private opportunity will offer, and then I mean to write you at least a long private letter, if not a public one.

You will find, herewith enclosed, a ratification of the Prussian treaty, which for many months was delayed for want of a proper number of States in Congress to order and complete it.

There are several of my reports on your letters before Congress; and I assure you these delays are as painful to me as they can be to you.

Our country has yet much to think of, and much to decide on. A natural but improper rage for paper money prevails. Rhode Island, New York, and New Jersey are making experiments upon it, and I think injuring themselves and the Union, in some measure, by it. The next London ships shall carry you some journals and acts of Assembly, which, by the packet, would cost more postage than they are worth.

VOL. II.-42

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