27201The Defence No. XXXVI, [2 January 1796] (Hamilton Papers)
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...
27202The Defence No. XXII, [5–11 November 1795] (Hamilton Papers)
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...
27203The Defence No. XV, [12 and 14 September 1795] (Hamilton Papers)
[ 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...
27204The Defence No. I, [22 July 1795] (Hamilton Papers)
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,...
27205The Defence No. IV, [1 August 1795] (Hamilton Papers)
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...
27206The Defence No. XXXVII, [6 January 1796] (Hamilton Papers)
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...
27207The Defence No. XVII, [22 September 1795] (Hamilton Papers)
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...
27208The Defence No. VI, [8 August 1795] (Hamilton Papers)
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...
27209The Defence No. XVIII, [6 October 1795] (Hamilton Papers)
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...
27210The Defence No. III, [29 July 1795] (Hamilton Papers)
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...