I have recd. your Letter of the 10 Inst.—1 The Intent and Meaning of the 9th. Article of the Treaty of Amity and Commerce between the United States and Great alien Britain always appeared to me to be plain and obvious, nor have any Doubts of that kind ever occurred to been suggested to me before.

Among the Instructions given ^to^ me when I went to England, there was one in these Words, vizt.

“The Intercourse with England makes it necessary that the Disabilities arising from Alienage in Cases of Inheritance should be put on a liberal Footing, or rather abolished.”2

At the Date of the Treaty there were american Citizens holding valuable Estates in British Dominions; and there were British Subjects holding valuable Estates in the United States. From Considerations of no little Weight, it was deemed wise and just, that those Citizens and Subjects should (so far as respected alienage) be quieted and secured in the Enjoym[ent]t. of their respective Estates. For that Purpose the 9th. article, which does not extend to future Purchasers, was framed; and expressed in Terms which were then thought to be very explicit and perspicuous.

Whether all or any of those American Citizens had obtained their Estates prior or subsequent to the Revolution, or with or without the Permission of the British Governmt— or whether all or any of those British Subjects had obtained their Estates prior or subsequent to the Revolution; or without or without the Permission of the American Governmt. or of an Individual State, were Questions which did not even enter into the Discussion. I know that it was my Intention and Design to secure them all against alienage, by the 9th. article; and I did understand and do believe that such also was the Intention and Design of the British negociator.

That Article was judged to be sufficient for the Present— but a supplementary one, much more comprehensive as to alienage, and affording[illegible] ^providing for the [illegible]^ Proof of Wills, of Deeds, ^and^ Judgm[en]ts; and providing for ^the^ taking of Testimony ^Evidence^ &c. was contemplated; and [illegible] ^was contemplated— the objects of it were distinctly drawn by the L[or]d. Chancellor specified and in a general outline of the article which was transmitted to Presidt Washington— I have [illegible]3