In my last letter to your Excellency, I took occasion to mention, that it was of great importance to the State, at this time, to have a representation here, as points in which, by its present situation, it is particularly interested, are daily, and will be daily, agitated.
It is also of importance, at this moment, to the United States; (not only from general considerations, but) because we have a very thin representation in Congress, and are frequently unable to transact any of those matters which require nine States. I wish your Excellency would urge a couple of gentlemen to come on, as it becomes highly inconvenient to me to remain here, and as I have staid the full time to be expected.
I observe, with great regret, the intemperate proceedings among the people in different parts of the State, in violation of a treaty, the faithful observance of which so deeply interests the United States.
Surely, the State of New-York, with its capital and its frontier posts (on which its important fur trade depends) in the hands of the British troops, ought to take care that nothing is done to furnish a pretext on the other side, even for delaying, much less for refusing, the execution of the treaty. We may imagine that the situation of Great Britain puts her under a necessity, at all events, of fulfilling her engagements, and cultivating the good will of this country.
This is, no doubt, her true policy; but when we feel that passion makes us depart from the dictates of reason; when we have seen that passion has had so much influence in the conduct of the British Councils, in the whole course of the war; when we recollect, that those who govern them, are men like ourselves, and alike subject to passions and resentments; when we reflect, also, that all the great men in England are not united in the liberal scheme of policy with respect to this country, and that in the anarchy which prevails, there is no knowing to whom the reins of government may be committed; when we recollect how little in a condition we are, to enforce a compliance with our claims; we ought, certainly, to be cautious in what manner we act, especially when we, in particular, have so much at stake; and should not openly provoke a breach of faith on the other side, by setting the example.
An important distinction is not sufficiently attended to. The fifth article is recommendatory; the sixth positive. There is no option, on the part of the particular States, as to any future confiscations, prosecutions, or injuries of any kind, to person, liberty, or property, on account of any thing done in the war. It is matter of discretion in the States, whether they will comply with the recommendations contained in the fifth article; but no part of the sixth can be departed from by them, without a direct breach of public faith, and of the Confederation. The power of making treaties is exclusively lodged in Congress. That power includes whatever is essential to the termination of the war, and to the preservation of the general safety. Indemnity to individuals in similar cases, is a usual stipulation in treaties of peace, of which many precedents are to be produced.
Should it be said, that the associations of the people, without legal authority, do not amount to a breach of the public faith; the answer is, If the government does not repress them, and prevent their having effect, it is as much a breach, as a formal refusal to comply on its part. In the eye of a foreign nation, if our engagements are broken, it is of no moment whether it is for the want of good intention in the government, or for want of power to restrain its subjects.
Suppose a violence committed by an American vessel on the vessel of another nation, upon the high seas, and after complaint made there is no redress given: Is not this a hostility against the injured nation which will justify reprisals?
But if I am not misinformed, there are violations going on in form of law. I am told that indictments continue to be brought under the former confiscation laws: A palpable infraction, if true, of the sixth article of the treaty; to which an immediate stop ought, no doubt, to be put.
It has been said by some men, that the operation of this treaty is suspended till the definitive treaty: A plain subterfuge. Whatever is clearly expressed in the provisional or preliminary treaty, is as binding from the moment it is made, as the definitive treaty; which, in fact, only developes, explains and fixes, more precisely, what may have been too generally expressed in the former.