Copy made for Jefferson. Sets forth the state of negotiations between
Adams and Carmarthan. Adams has made representations concerning the western posts, only
to receive a detailed allegation of the manner in which the United States has violated
the treaty through state actions. Jay proceeds to consider the various state statutes
involved, after making a preliminary comment that the several states cannot abrogate a
treaty through their statutes, for this is an aspect of the sovereignty which is vested
in Congress. Confiscation of debts is a war power, exercisable by Congress, if at all,
and no such act was taken by Congress. Jay points out the British refusal to recognize
the difference between subjects of Britain, and those who, owing allegiance to the
United States, acted in concert with British forces against the United States. Finally
he points out that in regard to lands confiscated from Loyalists, the treaty provided
only that Congress would recommend restitution, not that it would make restitution.
Those British subjects who, subsequent to 1776, attempted to take title to American
lands, take nothing. They were aliens at the time of the attempted conveyance, and under
British and American law, the grant of land to an alien works a forfeiture to the
sovereign. Jay condemns the New York Trespass act. He suggests that the slaves carried
from New York should be made the subject of restitution, since it would be in human for
Britain to return them to the rigors of their masters punishment. In point of time the
deviations from the treaty by the United States preceded those of Britain; thus they
offer excuse to Britain for her subsequent conduct. Congress should insist upon
obedience to the treaty by the various states, obtain repeal of the offending acts,
eliminate legislative impediments to the collection of debts, and let the courts
determine issues of interest and depreciation of currency. (Enclosed: Memo of John Adams
to British government, 30 Nov., 1785. Secretary of State Carmarthen to John Adams, 28
Feb., 1786)
Subjects
United States--History--Revolution, 1775-1783; Jay, John, 1745-1829
Format
correspondence
Genre
correspondence
Date
1786 October 13
Physical Description
65
Note
The entire content of the original has been digitized.
