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CHAP. IX.

Further observations on the Treaty, inexecution, &c.---Extension of settlements-Assemblage at Danville-First Convention--Separation suggested--Another Convention recommended-Indian hostilities, &c.

[1784.] AN observation, resulting from all other histories of democratic republics, which is, that public measures, are mere results of popular feeling, can but be applicable to those of the United States. Before Virginia, took the ground, in relation to the treaty, which was disclosed in her resolutions of the 22d of June, the subject of the detained negroes, had been agitated, from one end of the union, to the other; while the claim, had even been countenanced, by congress, itself; and sustained by all the slave-holding states. The rejection of this claim, on the part of the British, reacting on sensations excited by war, and not allayed by peace; agitated by interest, and heated by ignorance, under the influence of design, produced a general state of mind, as little qualified, to judge correctly, as to act justly, towards those whom the people could not yet call friends, and had long been in the habit, of seeing, and hearing, treated as enemies.

A breach of the treaty was asserted, proclaimed, and reiterated. That congress had abandoned the negro claim, though a consequence of the ratification of the treaty, after it had been rejected, seems to have been an inference which escaped the attention of Virginia. Or else, her conduct would appear more haughty, than it was impolitic-more in defiance of the general government, than regardless of the public peace: though calculated to implicate the one, and commit the other. But the war, in its origin, was of the class called, civil wars. Such had been the nature of the connexion; and such the course of trade between the two countries; that there were but few debtors in Great Britain, while they were numerous

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in the United States; and especially, in the middle, and southern sections of the union. For eight years, the war had suspended the payment of those debts-the treaty in terms, secured their collection-it was but natural, the creditors should demand their disbursement. This became an individual concern; and claims of payment, not only apprehended, were actually preferred, before the ratification of the treaty. Means were not prepared; and coercion might be apprehended, should the treaty be executed. The effects of the war on trade; the destruction of property; and the abduction of negroes; were alleged as reasons why the debts should not, or assigned as causes, why they could not, be paid. Great Britain was accused with violating the treaty-the charge was retorted on the United States. Other subjects were now pressed into the controversy. Not only were confiscations of property, to cease; but congress was to recommend to the states, the restoration of such as had been confiscated. This congress did--which the states disregarded. And the reproach, of injustice, and bad faith, were freely bestowed by adversaries; in a case, where friends, thought the recommendation of congress, a warrant for compliance; and the failure, censurable.

The state legislatures, were however, but little moved to compliance, by any sense of national honour, so faintly felt by their constituents, or of public obligation, so loosely constructed, and which at the same time, pressed so hard against the personal interests of themselves, their friends, and neighbours.

For the states, it was contended, that they were free agents; independent sovereigns; and never bound, but by their own consent, expressly given, or necessarily implied. That in this case, they were bound to nothing-had undertaken nothing-and had nothing to do. That even congress had only engaged to recommend, not to bind, them, to restore, the confiscated property. This congress had done, according to their stipulation-which preserved the national honour untainted: and such was popular opinion. Against these arguments, logic found no resources--the states adopted them-and exempted

themselves, from compliance. British subjects complained, and the government remonstrated. But the firmness, and consistency of the states, soon extinguished all hope of success, on the part of British subjects.

To say the very best of this case, for the claimants, it was one of much doubtful speculation. If it had created hopes, it was but to perplex, and disappoint, them.

There was however, another class of case embraced in the fourth article of the treaty, the debts are meant, which were expressed in terms of obligation, too clear to admit.of doubt. Cash, was the only argument, wliich was to the point: and those who could not, or did not choose to advance this, had the single alternative, of silence, or evasion. Time elapsed--and the liquidation of these debts, became an object of earnest attention to the British creditors; and of anxious inquietude, to the American debtors.

It was obvious, that many of the latter had hoped the debts were extinguished by the war: and that since they were not, they yet most ardently desired to avoid the payment. Hence, it is no matter of surprise, that they sought for pretexts to evade their disbursement--and even interposed, when it was in their power, legislative acts, to their recovery.

Unexpectedly, British subjects found themselves embarrassed, by legal impediments, to the recovery of their debts, contrary to the treaty; as already quoted; of course, they complained-and for once, with justice. Many of the states, in the time of the war, had passed laws, to suspend, or prevent the recovery, and collection of debts. These laws in most cases remained in force, after the full ratification, and exchange of the treaty. That this was the case, in Virginia, has already appeared, by her act of the 22d of June, previously recited; and which she was determined should remain.

At the time this measure was taken on the part of the commonwealth, to which Kentucky was appertinent, there was not, as it is believed, upon the facts here exhibited, any well founded complaint against Britain, for withholding, cither, the negroes, or the northern posts. In the latter of which, had

Virginia duly appreciated the situation of her exposed frontier, she could but have felt deeply concerned-and been the last, instead of the first, to do any thing to prevent, or suspend, the earliest possible exchange of British, for American possession, of these posts. Yet, she is to be looked to, as the principle cause of their detention--and that detention, as the certain cause, of the renewal, and continuance, of a long, and calamitous, Indian war.

For had the posts been evacuated by the British, and garrisoned by United States troops, the measures, and means, adopted by congress, for effecting peace, and friendship with the Indian tribes, could not have failed of complete success: which would have terminated the war.

If indeed, the detention, or removal of the negroes, had been a breach of the treaty, it surely did not belong to Virginia to declare that breach-and as a consequence, to refuse her concurrence in the execution of it. Inasmuch as congress

was charged with the foreign relations of the United Statesand possessed exclusively the treaty-making right; of course, the treaty-breaking, right. The course pursued by the British in relation to the negroes, was as certainly known to congress, as it was to Virginia; and yet, it had not prevented a ratification, by that honourable body--who had thereby, most effectually declared, that it did not consider the treaty broken; but were willing to take it, with the British interpretationor at most, make the controverted part, a subject of future negotiation. At all events, a strict execution had been required. Virginia, however, after this, and in contravention of it, adopted the resolutions which have been detailed. Between which, and her former resolutions, as to confiscated property, Great Britain, was compelled to see, a striking similitude-while her experience of that which was prior, taught her what to expect from the latter. The result, had proved to Great Britain, that the head, was nothing, without the cooperation, of its members-and that the declaration of Vir

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ginia, of the 17th of December, 1782, that she would not réstore the confiscated property, and which was known in London, in 1783; was of more importance than the recommendation of congress, to the contrary. And she might very naturally infer a similar effect, from a like declaration, as to the execution of the treaty.

In cases of this kind, to arouse suspicion, is to inspire caution-a prominent character of which, would be, delay. The experience of Britain, could but suggest to her councils, what ought to have occurred to those of Virginia-which was, the propriety of seeing how, the treaty when fully ratified, would be executed by the United States. Britain, had executed, on her side, a most important provision of it—she had withdrawn her fleets, and armies from all ports and places, except those on the northwestern borders;--comparatively, insignificant. Confiscated property-and the debts, due British merchants, were objects of much interest to them; and if the government paused, to see how they were met, or disposed of, before it gave up the last stake; it did no more, than that of the United States, should do, in a similar situation.

Even Virginia, had not perceived any breach of the treaty, in the detention of the posts, at the date of her resolutions, in June, 1784. Otherwise, it is not to be supposed, but that she would have numbered the fact among those which reflected disgrace on the national honour. That she was silent, evinces unconsciousness of British offence. their detention-and cannot be supposed either, ignorant, or indifferent, as to consequences.

She well knew the fact of

And now, to bring this disagreeable discussion to a closea discussion, which nothing less than the obscurity in which the subject has been involved, and the propriety which the occasion furnished of making the truth appear, could have induced a recurrence to it; since if it does not put the British in the right, it certainly puts Virginia in the wrong. And had the consequences fallen upon the wrong doers only, it

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