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 serious question recurred,--what was to be done? The United States
had neither committed nor approved of any violation of the Treaty; but
an appeal was made to their justice, relative to the conduct of
particular States, for which they were obliged eventually to answer.
They could only resolve and recommend; and accordingly, after having
declared that the legislatures of the States could not, of right, do any
thing to explain, interpret, or limit the operation of a treaty,
Congress recommended to the States to pass a general law, repealing all
their former acts that might be repugnant to the Treaty, and leaving to
their courts of justice to decide causes that might arise under it,
according to its true intent and meaning, by determining what acts
contravened its provisions.[250] This recommendation manifestly left the
interests of the Union exposed to two hazards; the one, that the
legislatures of the States might not pass the repealing statute, which
would submit the proper questions to their courts, and the other, that
their courts might not decide with firmness and impartiality between the
policy of the State, on the one hand, and the interests of foreigners
and obnoxious Tories, on the other.
But this was all that could be done, and partial success only followed
the effort. Most of the States passed acts, in compliance with the
recommendation of Congress, to repeal their laws which prevented the
recovery of British debts.[251] But the State of Virginia, although it
passed such an act, suspended its operation, until the Governor of the
State should issue a proclamation, giving notice that Great Britain had
delivered up the Western posts, and was taking measures for the further
fulfilment of the Treaty, by delivering up the negroes belonging to the
citizens of that State, which had been carried away, or by making
compensation for their value.[252] The two countries were thus brought
to a stand, in their efforts to adjust the matters in dispute, and the
Western posts remained in the occupation of British garrisons, inflaming
the hostile temper of the Indian tribes, and enhancing the difficulty of
settling the vacant lands in the fertile region of the Great Lakes.[253]
FOOTNOTES:
[237] Secret Journals of Congress, IV. 186, 187.
[238] Article IV.
[239] Article V.
[240] Article VI.
[241] See the Report made to Congress on this subject by Mr. Jay,
Secretary of Foreign Affairs, October, 1786. Secret Journals, IV. 209.
[242] Ibid.
[243] Resolve of June 24, 1776. Journals, II. 216. Ante, p. 52, note.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account