The Georgia state gazette, or, Independent register. (Augusta, Ga.) 1786-1789, June 16, 1787, Image 2

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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.'•: