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    • “Camillus”
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    Documents filtered by: Author="“Camillus”" AND Period="Washington Presidency" AND Project="Hamilton Papers"
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    The object of the third article is connected with that of the second. The surrender of the posts naturally drew with it an arrangement with regard to inland Trade and navigation. Such an arrangement convenient in several respects appears to be in some respects necessary. To restrain the Indians on either side of the line from trading with the one party or the other at discretion, besides the...
    The point next to be examined is the right of confiscation or sequestration, as depending on the opinions of Jurists and on usage. To understand how far these ought to weigh, it is requisite to consider what are the elements, or ingredients, which compose what is called the laws of Nations. The constituent parts of this system are, 1 The necessary or internal law, which is the law of Nature...
    The foregoing analysis of the third article, by fixing its true meaning, enables us to detect some gross errors which have been principal sources of prejudice against it. One of these is that the article gives to the other party a right of access to all our ports, while it excludes us from the ports of Nova Scotia and Canada. It has been clearly shewn that it gives no right of access to any...
    It is now time to fulfil my promise of an examination of the constitutionality of the Treaty. Of all the objections which have been contrived against this instrument, those relating to this point are the most futile. If there be a political problem capable of complete demonstration, the constitutionality of the Treaty in all its parts is of this sort. It is even difficult to believe that any...
    ADf , in the handwriting of Rufus King, Hamilton Papers, Library of Congress; The [New York] Herald; A Gazette for the Country , December 9, 1795. For background to this document, see the introductory note to “The Defence No. I,” July 22, 1795 . Except for a few words inserted by H, the draft of “The Defence No. XXX” is in the handwriting of Rufus King.
    The analogy of the stipulation in the 10th article with stipulations in our other treaties and in the treaties between other Nations is the remaining topic of discussion. After this, attention will be paid to such observations by way of objection to the article as may not have been before expressly or virtually answered. The 20th. article of our treaty of Amity and Commerce with France is in...
    [ It is the business of the seventh article of the treaty, to provide for two objects: one, compensation to our citizens for injuries to their property, by irregular or illegal captures or condemnations; the other, compensation to British citizens for captures of their property within the limits and jurisdiction of the United States, or elsewhere, by vessels originally armed in our ports, in...
    IT was to have been foreseen, that the treaty which Mr. Jay was charged to negociate with Great Britain, whenever it should appear, would have to contend with many perverse dispositions and some honest prejudices. That there was no measure in which the government could engage so little likely to be viewed according to its intrinsic merits—so very likely to encountre misconception, jealousy,...
    An accurate enumeration of the breaches of the Treaty of peace on our part would require a tedious research. It will suffice to select and quote a few of the most prominent and early instances. One of the earliest is to be found in an Act of this state for granting a more effectual relief in cases of certain Trespasses passed the 17 of March 1783. This act takes away from any person (subjects...
    It shall now be shewn, that the objections to the Treaty founded on its pretended interference with the powers of Congress tend to render the Power of making Treaties in a very great degree if not altogether nominal. This will be best seen by an enumeration of the cases of pretended interference. I   The power of Congress to lay taxes is said to be impaired by those stipulations which prevent...
    The VIII article provides merely that the Commissioners to be appointed in the three preceding articles shall be paid in such manner as shall be agreed between the parties at the time of the exchange of the “Ratification of the Treaty, and that all other expenses attending the Commissions shall be defrayed jointly by the two parties the same being previously ascertained and allowed by a...
    ADf , in the handwriting of Rufus King, Hamilton Papers, Library of Congress; The [New York] Herald; A Gazette for the Country , November 14, 1795. For background to this document, see the introductory note to “The Defence No. I,” July 22, 1795 . Except for several words and phrases inserted by H, the draft of “The Defence No. XXIII” is in the handwriting of Rufus King.
    There is one more objection to the Treaty for what it does not do, which requires to be noticed. This is an omission to provide against the empressment of our seamen. It is certain that our Trade has suffered embarrassments in this respect, and that there have been abuses which have operated very oppressively upon our seamen; and all will join in the wish that they could have been guarded...
    ADf , in the handwriting of Rufus King, Hamilton Papers, Library of Congress; The [New York] Herald, A Gazette for the Country , December 23, 1795. For background to this document, see the introductory note to “The Defence No. I,” July 22, 1795 . Except for some words and phrases and one full paragraph inserted by H, the draft of “The Defence No. XXXIV” is in the handwriting of Rufus King.
    It is provided by The tenth article of the Treaty that “Neither Debts due from individuals of the one Nation to Individuals of the other, nor shares nor monies, which they may have in the public funds, or in the public or private banks, shall ever in any event of War or national differences be sequestered or confiscated, it being unjust and impolitic that debts and engagements contracted and...
    The opposers of the Treaty seem to have put invention on the rack, to accumulate charges against it, in a great number of cases, without regard even to plausibility. If we suppose them sincere, we must often pity their ignorance; if insincere, we must abhor the spirit of deception which it betrays. Of the preposterous nature of some of their charges, specimens will be given in the course of...
    ADf , in the handwriting of Rufus King, Hamilton Papers, Library of Congress; The [New York] Herald; A Gazette for the Country , December 26, 1795. For background to this document, see the introductory note to “The Defence No. I,” July 22, 1795 . Except for some phrases, sentences, and two paragraphs inserted by H, the draft of “The Defence No. XXXV” is in the handwriting of Rufus King. On the...
    It will be useful, as it will simplify the Examination of the commercial articles of the Treaty, to bear in mind and preserve the Division that we find established by the 12. 13. & the 14. & 15. articles. Each respects a particular Branch or portion of the trade between the two Countries, the regulations whereof, differ from, and are severally independent of each other. Thus one is relative to...
    The objects protected by the 10th. article are classed under four heads,   1   debts of individuals to individuals   2   property of individuals in the public funds   3   property of individuals in public banks   4   property of individuals in private banks. These, if analised, resolve themselves, in principle, into two discriminations—(viz) private debts & private property in public funds....
    It was my intention to have comprised in two numbers the examination of the second article; but on experiment it was found expedient to add a third. I resume for a moment the subject of indemnification for the detention of the Posts. As an inducement to persist in this claim, we are assured that the magnimity of France would have procured for us its establishment. In the first place this...
    ADf , in the handwriting of Rufus King, Hamilton Papers, Library of Congress; The [New York] Herald; A Gazette for the Country , December 2, 1795. For background to this document, see the introductory note to “The Defence No. I,” July 22, 1795 . Except for a few phrases and sentences inserted by H, the draft of this essay is in the handwriting of Rufus King.
    ADf , in the handwriting of Rufus King, Hamilton Papers, Library of Congress; The [New York] Herald; A Gazette for the Country , December 5, 1795. For background to this document, see the introductory note to “The Defence No. I,” July 22, 1795 . Except for minor changes in wording made by H, the draft of “The Defence No. XXIX” is in the handwriting of Rufus King. On a page attached to the...
    Since the closing of my last number, I have accidentally turned to a passage of Vatel , which is so pertinent to the immediate subject of that paper, that I cannot refrain from interrupting the progress of the discussion to quote it. It is in these words (B 3 C 4 § 63) “The Sovereign declaring War can neither detain those subjects of the enemy, who are within his dominions at the time of the...
    The remaining allegations in disparagement of the 3 article are to this effect 1 That the exception of the country of the Hudsons Bay Company owing to its undefined limits renders the stipulations in our favour in a great measure nugatory. [2. That the privileges granted to Great Britain in our Missisippi ports, are impolitic, because without reciprocity.] [3] that the agreement to forbid to...
    I resume the subject of the two last papers for the sake of a few supplementary observations. The objections to the Treaty for not adhering to the rule “that free ships make free goods and enemy ships enemy goods” as being the relinquishment of an advantage which the modern law of Nations gives to Neutrals have been fully examined and I flatter myself completely refuted. I shall however add...
    The 18th Article of the Treaty, which regulates the subject of contraband, has been grievously misrepresented. The objections urged against it with most acrimony are disingenuous and unfounded; yet while I make this assertion which I flatter myself I shall be able to prove, I shall not pretend to maintain that it is an article completely satisfactory. I even admit that it has one unpleasant...
    The 4th and 5th articles of the Treaty from similarity of object will naturally be considered together. The fourth, reciting a doubt “whether the River Mississippi extends so far Northward as to be intersected by a line to be drawn due West from the Lake of the Woods in the manner mentioned in the Treaty of Peace” agrees, that measures shall be taken in concert between the two Governments to...
    The second object of the seventh article, as stated in my last number, is “compensation to British Citizens, for captures of their property within the limits and jurisdiction of the U States, or elsewhere by vessels originally armed in our ports, in the cases in which the captured property having come within our power, there was a neglect to make restitution .” This precise view of the thing...
    Previous to a more particular discussion of the merits of the Treaty, it may be useful to advert to a suggestion which has been thrown out, namely that it was foreseen by many, that the mission to Great Britain would produce no good result, and that the event has corresponded with the anticipation. The reverse of this position is manifestly true. All must remember the very critical posture of...
    ADf , in the handwriting of Rufus King, Hamilton Papers, Library of Congress; The [New York] Herald; A Gazette for the Country , November 14, 1795. For background to this document, see the introductory note to “The Defence No. I,” July 22, 1795 . Except for several words and phrases and one paragraph inserted by H, the draft of this essay is in the handwriting of Rufus King. The paragraph...