The Georgia state gazette, or, Independent register. (Augusta, Ga.) 1786-1789, June 16, 1787, Image 2
f'Lefollowing Circular Letter has Lecn tran'm'.ttzd
ij Use J'.ued Stahi :u Ccjngre,s flfytu.ileJ, lot/.e
s cj the tepttii <-e iila.ts.
[Concluded fic.n tur daft.]
Contrails Letwcen nations, like contrails
_ between individuals, lhould be faithfully
even though the sword in the one case,
and the law in the other, did not compel it. Honest
nations, like honolt men, require no couftraint to
do juilice ; and though impunity and the uecefiity
of affairs may fomeiimes afford temptations to pare
down contrails to the mcafuie of convenience, yet
it is never done but at the axpeiue of that efleem,
and confidence and credit, which are of infinitely
more worth than all tiie momentary advantages
which such expedients can extoit.
But although contracting nations cannot, like
individuals, avail themfclves of courts of justice to
compel performance of contrails, yet an appeal to
Heaven and to aims is always ia their power, aud
often in their intlinatipu.
Cut it is their duty to take care that they never
lea l their people to make and support such appeals,
nr.ld's the tiucerity and propriety of their conduct
affords them goo l reafoas to re'y with confidence
on the jutfice and ptoieilion of Heaven.
That much we think it ufeful to observe, in order
to explain the principles on which wc have unani
mouliy come to ti.c following resolutions, viz.
“ RtjcheJ, That the Legislatures ofthcfeveral
Bates cannot of right pals any aCI or ails for inter
pret ng. explaining, or confiruiug a national treaty,
or any part or clause of it; nor for reftrainiug,
limiting, or in any manner impeding, retarding,
or counteracting the operation and execution of
the fame ; for that, nn being conffitutionally made,
ratified, and pub'liihCd, they become, in virtue
cf the Confederation, part of the law of the land, *
and arc not only independent of the will and power
of such Legislatures, but alio binding and obligatory
on 1110111/'
As the treaty of peace, so far as it relpefts the
matters and things provided for in it, is a law to
the United States which cannot, by all or any of
them, be alteied or changed, all Bate acts effa-
Liilliiug provisions relative to the fame objefts,
\\ Inch ate iucomr arible with it, muff in every point
of view be improper. Such avis do ueverthelefs
cxiff i bui we do not think it necefiary either to
enumerate them particularly, or to make them
leverally t!ie l’ubjelts of difeuflion. It appears to
us fuflicient to observe and infill that the treaty
ought to have free course in its operation aud exc
cution, and that all obflacles interposed by (late
ads be removed. We mean to act with the molt
scrupulous regard to jufiice and candor towards
G'reat-Bi itain, an 1 with an equal degree of de
licacy, moderation, and decilion, towards the
V Bates who have given occafionto these discussions.
lor thcle rcal’ons we have in general terms
“ Rr/ch td, That all such ads, or parts of ads, as
may he now exiting in any of the Bates, repug
nant to the treaty of peace, ought to be forthwith
repealed, as well to pi event their continuing to be
jegarded as violations of that treaty, as to avoid
the di fag re cable neceflity there might otherwise he
of railing aud di feu fling queflions touching their
validity and obligation.”
Although this rel’olution applies firiftiv only to
such of the Bates as have palled the exceptionable
nCls alluded to, yet, to obviate all future disputes
anti queflions. as well as to remove those which
now exit’, wc thiuk it bell that every Bate without
exception lhould pal's a law ou the fubjeft. We
have therefore “ RejU*vui f That it be recommen
ded tv 0 . leveral Bates to make luch repeal rather
' by dele, bingor uniting the laid abts, and for that
pr poi’e to paf.s an aft declaring in general terms
thr.fc.uil Intlj a«ds, and parts of acis, repugnant to
the treaty of peace between the United States anil
his Britannic Majefly,. cr 2ny article thereof, (hall
Le, and hereby are repealed ; and that the court 3
of law and equity, in all cases and queflions cogniz
able by them refpedively, and artiing from or
touching the laid treaty, lhall decide and adjudge
according to the true intent and meaning of the
fame, any thing in the said ads, or parts of ads,
to the contrary thereof notwithßandiug.’* t
Such laws would answer every purpofej*and be
easily formed. The more they were of like tenor
throughout the Bates the better. They might each
recite,
Whereas certain laws or Batutes made and pal Ted
in some of the United States are regarded and com
plained of as repugnant to the treaty of peace with
Great Britain, by reason whereof not only the good
faith of the United States, pledged by that treaty,
has been drawn into queßioa, but their efTeatial
interefls tinder that treaty greatly affeded : And
whereas jullice to Great*Britain, as well as a re
gard to the honor and interefls of the United States,
require that the said treaty be faithfully executed,
and that all obflacles thereto, and particularly such
as do or may be construed to proceed from the laws
of this Bate, be effedually removed : Therefore
Be it enaded by and it is hereby enaded
by the authority of the fame, That such of the
or parts of ads, of the Lcgitlature of this Bate, as
are repugnant to the treaty of peace between the
United States and his Britannic Majefly, or any
article thereof, Bull be, and hereby are repealed.
And further, That the courts of law and equity
within this Bate be, and they hereby are direded
and required, in all causes and questions cogniz
able by them refpedively, and arising from or
touching the said treaty, to decide and adjudge
according to the tenor, true intent and meaning of
the fame, any thing in the said ads, or parts of
ads, to the contrary thereof in any wife notwith-
Banding.
Such a general law would, we think, be pre
ferable to one that fliould minutely enumerate the
ads and ciaufes intended to be repealed, because
oiniflions might accidentally be made in the enu
meration, or queflions might arise, and perhaps
not be fatisfadonly determined, refpeding parti
cular ads and ciaufes about which contrary opinions
may be entertained. By repealing in general terms
all ads and ciaufes repugnant to the treaty, the
business will be turned over to its proper depart
ments, viz. the judicial, and the’ courts of law
will find no difficulty in deciding whether any par
ticular ad or clause is or is not contrary to the
treaty. Besides, wheu it is considered that the
judges in general are men of and learning,
ami fed as well as know the obligations of office,
and the value of reputation, there is no reason to
doubt that their coudud and judgment relative to
these, as well as other judicial matters, will be wife
and upright.
Be pieafed, Sir, to lay this letter before the Le
gifiature of your Bate without delay. We flatter
ourfetves they will concur with us in opinion, that
candour and justice are as necefTary to true policy
as they are to found morality, and that the moB ho
nourable way of delivering oufl’clves from embar
rali'ment of mistakes is fairly to coried and amend
them. It certainly is time that all doubts refpeding
the public faith be removed, and all queflions and
differences between us and Great-Britain be*amica
bly and finally fettled. The Bates are informed of the
reasons why his Britannic Majeßy Bill continues
to occupy the frontier pofls, which by the treaty
he agreed to evacuate ; and we have the flrongelt
aflurances an exad compliance with the treaty on
our part lhall be followed by a pundualperformance
of it on the part of Great-Britain.
It is important that the several Legislatures
ihould, as loon as polfible, take these matters into
consideration j and we requefl the favour of you to
tranl'mit to us an authenticated copy cf such ads and
proceedings of the Lcgiiiature of your H
take place on the fubjeft, and ia
letter.
Order of Ceng refs, I I
(Signed) ARTHUR ST. CLAIR, p I
LISBON, February
Our Court has given orders to th e iy.recV* I
the arsenal to repair immediately all the flu* & ?!| ?
war, and all the frigates, and have them in*®'
dineis :o put to fca. ‘"'l
LONDON, March 7,
The following are the Heads of the T rsa » v I
Peace concluded betwixt the Americans and K- I
peror of Marocco, July 24, 1786 : ,‘*''l
If the Americans are at war with any ether n I
tion their veiiels are to be allowed to take rW ■
in any of the ports belonging to his Imperial M? I
jetty—all Moorilh fubjeds, found on board the ■
enemy’s lhjps, to be made prisoners, and tr/, ■
effects confide red as prizes j the fame article hoS* I
with regard to the Americans. The flops b e b nj I
ing to the two contracting powers, when they I
at lea, to lalute and parley, but not to coined I
board each other. In case of war, it is lawful t> I
board each other, but only two men to do this I
and if they commit any excels, the f u ffercr3tob' I
recompenced by them. If any-frigates or cru-fers I
belonging to his Moorilh Majedy take an America, ft
vessel, and bring it into one of ias pert;', his I
jetty will immediately rcleafe the fbip and creV
and rettore their effects. When of any hisMu’dv’J I
fliips enter an American port ihe is to be hofeitabi* I
received, and furmlhed with what flie may flaedia ft
need oi. Ii an American lhip wants repairs, and
comes into aaiy of his Majetty’s harbours for tkr
purpose, it fhali be allowed her, to had, and pV.
on board again her goods, without paying any duty.
If an American veil'd is wrecked on any coast be
longing to the Emperor of Marccco flie is not to
be moiefted in any manner, but provided vvith
necelfaries. American vettels in the harbours, 0:
on the coasts belonging to his Imperial Majefk,
to be secure from otlier nations, and receive every
attiltance fiom Moorilh subjects. This article ex
tends, vice verb, to Moorilh fliips in the hai hours
or coattsof America. Jucafe of war, if the veils!*
of two contending powers happen to be together in
any of his Majesty’s harbours they are to depart
one by one, at 24 hours interval between the time
of each departure ; this article extends to the
Mooriflr ships in America. The prisoners of an
American iliip arriving at any harbour belonging
to his Imperial Majesty cannot be given up to any
power wuatever. American veflels, fainting towns
belonging to his Imperial Majesty, to have the
salute returned by the fame number of guns.
American merchants fettling in any of the ports
belonging to his Imperial Majefly to enjoy the lame
privileges and advantages as other nations, and
can trade from one port to another, &c. They
are to enjoy the fame liberty t 5 trade as other
nations, .to remove their effects from one lhip t#
another, without being detained for quarantine,
and to be a.lowed interpreters. In case of a war
between, the two nations they are to exchange their
prifonerg of war, man for man. American mer
chants not to be obliged to purchase merchandise
contrary to their pleasure, nor to be moiefted in
the dil'pofal ol their goods. When the goods 2te
landed, they are to be examined, that the ufua!
duties may be imposed ; but in case cf fraud, or
contrabant goods, the person committing the fraud
only to be punilhed, without a confifcation of the
lhip. Matters of fliips not obliged to carry their
goods from one port to another, without their will,
notwithstanding the price offered and agreed t;po:i-
Americaus, guilty of crimes, to Le fubje& to the
judgment of their own Consul only. If lie rent.'•: