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
The effect of such State legislation upon the relations of the two
countries was direct and mischievous. The Treaty of Peace was designed,
and was adapted, to produce a fair and speedy adjustment of those
relations, upon principles of equity and justice. But its obligations
were reciprocal, and it could not execute itself. It was made, on the
one side, by a power capable of performing, but also capable of waiting
for the performance of the obligations which rested upon the other
contracting party. On the other side, it was made by a power possessed
of very imperfect means of performance, yet standing in constant need of
the benefit which a full compliance with its obligations would insure.
After the lapse of three years from the signature of the preliminary
articles, and of more than two years from that of the definitive Treaty,
the military posts in the Western country were still held by British
garrisons, avowedly on account of the infractions of the Treaty on our
part. The Minister of the United States at St. James's was told, in
answer to his complaints, that one party could not be obliged to a
strict observance of the engagements of a treaty, and the other remain
free to deviate from its obligations; and that whenever the United
States should manifest a real determination to fulfil their part of the
Treaty, Great Britain would be ready to carry every article of it into
complete effect.[248] An investigation of the whole subject, therefore,
became necessary, and Congress directed the Secretary of Foreign Affairs
to make inquiry into the precise state of things. His report ascertained
that the fourth and fifth articles of the Treaty had been constantly
violated on our part by legislative acts still in existence and
operation; that on the part of England, the seventh article had been
violated, by her continuing to hold the posts from which she had agreed
to withdraw her garrisons, and by carrying away a considerable body of
negroes, the property of American inhabitants, at the time of the
evacuation of New York.[249]
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