11The Defence No. XI, [28 August 1795] (Hamilton Papers)
The foregoing analysis of the third article, by fixing its true meaning, enables us to detect some gross errors which have been principal sources of prejudice against it. One of these is that the article gives to the other party a right of access to all our ports, while it excludes us from the ports of Nova Scotia and Canada. It has been clearly shewn that it gives no right of access to any...
12The Defence No. XII, [2–3 September 1795] (Hamilton Papers)
The remaining allegations in disparagement of the 3 article are to this effect 1 That the exception of the country of the Hudsons Bay Company owing to its undefined limits renders the stipulations in our favour in a great measure nugatory. [2. That the privileges granted to Great Britain in our Missisippi ports, are impolitic, because without reciprocity.] [3] that the agreement to forbid to...
13The Defence No. XIII, [5 September 1795] (Hamilton Papers)
The 4th and 5th articles of the Treaty from similarity of object will naturally be considered together. The fourth, reciting a doubt “whether the River Mississippi extends so far Northward as to be intersected by a line to be drawn due West from the Lake of the Woods in the manner mentioned in the Treaty of Peace” agrees, that measures shall be taken in concert between the two Governments to...
14The Defence No. XIV, [9 September 1795] (Hamilton Papers)
The sixth article stipulates compensation to British Creditors for losses and damages which may have been sustained by them, in consequence of certain legal impediments, which since the Treaty of Peace with Great Britain, are alleged to have obstructed the recovery of debts bona fide contracted with them before the peace. To a man who has a due sense of the sacred obligation of a just debt, a...
15The 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...
16The Defence No. XVI, [18 September 1795] (Hamilton Papers)
The second object of the seventh article, as stated in my last number, is “compensation to British Citizens, for captures of their property within the limits and jurisdiction of the U States, or elsewhere by vessels originally armed in our ports, in the cases in which the captured property having come within our power, there was a neglect to make restitution .” This precise view of the thing...
17The 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...
18The 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...
19The Defence No. XIX, [14 October 1795] (Hamilton Papers)
The objects protected by the 10th. article are classed under four heads, 1 debts of individuals to individuals 2 property of individuals in the public funds 3 property of individuals in public banks 4 property of individuals in private banks. These, if analised, resolve themselves, in principle, into two discriminations—(viz) private debts & private property in public funds....
20From Alexander Hamilton to Defence No. XX, [23 and 24 October 1795] (Hamilton Papers)
The point next to be examined is the right of confiscation or sequestration, as depending on the opinions of Jurists and on usage. To understand how far these ought to weigh, it is requisite to consider what are the elements, or ingredients, which compose what is called the laws of Nations. The constituent parts of this system are, 1 The necessary or internal law, which is the law of Nature...