History of the Origin, Formation, and Adoption of the Constitution of the United States, Vol. 1: With Notices of Its Principle FramersCurtis, George Ticknor
History
History of the Origin, Formation, and Adoption of the Constitution of the United States, Vol. 1: With Notices of Its Principle Framers
Curtis, George Ticknor
Constitutional history -- United States
[235] The ground of his refusal was, "that he had not the power to
convene the legislature before the time fixed by law for their stated
meeting, except upon '_extraordinary occasions_,' and as the present
business had already been particularly laid before them, and so recently
as at their last session received their determination, it cannot come
within that description." Life of Hamilton, II. 389.
[236] August 23, 1786.
CHAPTER II.
1784-1787.
INFRACTIONS OF THE TREATY OF PEACE.
The Treaty of Peace, ratified on the 14th of January, 1784, contained
provisions of great practical and immediate importance. One of its chief
objects, on the part of the United States, was, of course, to effect the
immediate withdrawal of the British troops, and of every sign of British
authority, from the country whose independence it acknowledged. A
stipulation was accordingly introduced, by which the King bound himself,
with all convenient speed, and without causing any destruction, or
carrying away any negroes or other property of the American inhabitants,
to withdraw all his armies, garrisons, and fleets from the United
States, and from every post, place, and harbor within the same. Although
the ratification of the Treaty was followed by the departure of the
British forces from the Atlantic coast, many important posts in the
Western country, within the incontestable limits of the United States,
with a considerable territory around each of them, were still
retained[237].
On the part of England, it was of great consequence to secure to British
subjects the property, and rights of property, of the enjoyment of which
the state of hostilities had deprived them. A war between colonies and
the parent state, which had sundered the closest intimacies of social
and commercial intercourse, involved of necessity vast private
interests. There were two large classes of English creditors, whose
interests required protection; the British merchants to whom debts had
been contracted before the Revolution, and the Tories, who had been
obliged to depart from the United States, leaving debts due to them, and
landed property, which had been seized. Clear and explicit stipulations
were inserted in the Treaty, in order to protect these interests. It was
provided that creditors on either side should meet with no lawful
impediments to the recovery of the full value in sterling money of all
_bona fide_ debts contracted before the date of the Treaty.[238] It was
also agreed, that Congress should earnestly recommend to the
legislatures of the respective States to provide for the restitution of
all estates, rights, and properties, which had been confiscated,
belonging to real British subjects, and to persons resident in districts
in the possession of his Majesty's arms, and who had not borne arms
against the United States; that persons of any other description should
have free liberty to go into any of the States, and remain for the
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