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 favour 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 òrder of Congress,

"A. ST. CLAIR, President."

"New-York, April, 1797."

"To bis Excellency

Governor of the State of

This remonstrance, in which the Congress confesses, that the treaty had not been fulfilled, on the part of the United States, produced no effect; and the matter remained in this unsettled state, till the year 1794, when MR. JAY was sent to London, and when a new treaty was made.

I cannot find a better continuation of the history of this dispute, than the review of a pamphlet, entitled,

"A Brief Statement of Opinions, given in the Board of Commissioners, under the Sixth Article of the Treaty of Amily, Commerce, and Navigation, with Great Britain, Written by MR. M'DONALD, one of the Commissioners, and published at Philadelphia, previous to his departure for England. The Review is taken from the Anti-Jacobin.

"As

"As an almost total ignorance appears to prevail in England, respecting the American Board of Com→ missioners, and the object of their appointment, we shall preface our extracts from the "Brief Statement," by a repetition of our account of those translations, which led to the formation of the Board.

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By the fourth article of the treaty of peace, between Great Britain and America, concluded at Paris, on the 3d of September 1783,It is agreed, that the creditors on either side shall meet with no lawful impediment, to the recovery of the full value in sterling money, of all bona fide debts heretofore

contracted.'

Notwithstanding this positive engagement, on the part of the Americans, to remove every legal impediment; to the recovery of British debts, all such impediments were suffered to remain in full force. The creditors made repeated efforts to enforce their lawful claims, but uniformly failed, as well in the Courts of the United States, or Federal Courts, as in the courts of each particular state. The laws which constituted the impediments, remained unrepealed; the laconic plea of British debt' was deemed sufficient, even to deprive the plaintiff of the benefit of a trial; and, to such an excess was this systematic evasion of justice, this profligate violation of treaty carried, that the Grand Jury, in the High Federal Court, in the district of Virginia, did not blush to present, (on the 23d of May, 1794) as a national GRIEVANCE, the recovery of such debts by British subjects.'

"It was farther agreed, by the same treaty, that his Britannic Majesty should give up certain fortresses, on the frontiers of Canada, to the United States; but the constant violation of the terms of that treaty by the latter, rendered it a matter of prudence, on the part of his Majesty, to retain these forts, until such time as the American govern

ment should shew a disposition to fulfil their part of the treaty, by complying with the positive stipulations of the fourth article. In this unsettled state, did things remain, until the month, of November 1794, when his Majesty concluded a treaty of amity, commerce, and navigation, with the United States, one object of which was the final settlement of those claims which had been so long and so unjustly evaded. The means devised for this purpose were certainly such as, had the Americans acted honestly and uprightly, must have proved effectual, in removing every ground of complaint.

"His Majesty, ever sincere and honourable himself, demonstrated his perfect confidence in the national honour of the United States, by agreeing to give up, within a certain time, (an agreement which he has faithfully and punctually fulfilled) all the posts which had been withholden for the purpose before specified; while, in return, he received what was deemed a perfect security for the debts due from the Americans to his subjects; viz. the solemn, absolute, and unconditional stipulation, on the part of the United States, that mutual Commissioners, or the majority of them, should make an award; and that their award should be " in all cases, final, conclusive, and binding on the said. States,"

"But, that our readers may clearly understand the subsequent matter, it will be proper for us to commence our extracts with the sixth article of the treaty of 1794, under which the Commissioners were to assemble, and according to which their proceedings and determinations were to be regulated.

"Art. Sixth. "Whereas, it is alleged by divers British merchants, and others His Majesty's subjects, that debts to a considerable amount, which were bona fide contracted before the peace, still remain owing to them by citizens or inhabitants of the

United

United States, and that by the operation of various lawful impediments, since the peace, not only the full recovery of the said debts has been delayed, but also the value and security thereof, have been, in several instances, impaired and lessened; so that by the ordinary course of judicial proceedings, the British creditors cannot now obtain, and actually have and receive full and adequate compensation for the losses and damages which they have thereby sustained it is agreed, that in all such cases, where full compensation for such losses and damages cannot, for whatever reason, be actually obtained, had and received by the said creditors, in the ordinary course of justice, the United States will make full and complete compensation for the same, to the said creditors; but, it is distinctly understood, that this provision is to extend to such losses only as have been occasioned by the lawful impediments aforesaid; and is not to extend to losses occasioned by such insolvency of the debtors, or other causes, as would equally have operated to produce such loss, if the said impediments had not existed; nor to such losses or damages as have been occasioned by the manifest delay or negligence, or wilful omission of the claimant.

"For the purpose of ascertaining the amount of any such losses and damages, five Commissioners shall be appointed, and authorized to meet and act in manner following, viz. two of thein shall be appointed by His Majesty, two of them by the President of the United States, by and with the advice and consent of the Senate thereof, and the fifth by the unanimous voice of the other four; and if they should not agree in such choice, then the Commissioners named, by the two parties, shall respectively propose one person, and of the two names so proposed, one shall be drawn by lot, in the presence of the four original Commissioners. When the

F 2

five

five Commissioners thus appointed shall first meet; they shall, before they proceed to act, respectively take the following oath or affirmation, in the presence of each other; which oath, or affirmation being so taken, and duly attested, shall be entered on the record of their proceedings, viz. I, A. B., one of the Commissioners appointed in pursuance of the sixth article of the treaty of amity, commerce, and navigation, between His Britannic Majesty and the United States of America, do solemnly swear (or affirm) that I will honestly, diligently, impartially, and carefully examine, and to the best of my judgment, according to justice and equity, decide all such complaints, as under the said article shall be preferred to the said Commissioners; and that I will forbear to act as a Commissioner, in any case in which I may be personally interested.

"Three of the said Commissioners shall constitute a Board, and shall have power to do any act appertaining to the said commission, provided that one of the Commissioners named on each side, and the fifth Commissioner shall be present, and all decisions shall be made by the majority of the voices of the Commissioners then present, eighteen months from the day on which the said Commissioners shall form a Board, and be ready to proceed to business, are assigned for receiving complaints and applications; but they are nevertheless authorized, in any particular cases in which it shall appear to them to be reasonable and just, to extend the said term of eighteen months, for any term not exceeding six months, after the expiration thereof. The said Commissioners shall first meet at Philadelphia, but they shall have power to adjourn from place to place, as they shall see cause.

"The said Commissioners, in examining the complaints and applications so preferred to them, are empowered and required, in pursuance of the true

intent