I had heard Sometime ago, of your Marriage with the amiable Daughter of my old Friend, Mr Alsop, as well as of that of Mr Gerry, and of both with the more Pleasure, probably as a good Work of the Same kind, for connecting Massachusetts and New York in the Bands of Love was going on here. Last Sunday under the Right Reverend Sanction of the Archbishop of Canterbury and the Bishop of st 339 Asaph were married Mr Smith and Miss Adams.1 It will be unnatural if fœderal Purposes are not answered by all these Intermarriages.

In Answer to Mr Alsops Question, I have no difficulty in answering, that by Law, and Treaty, a Refugee, ought to be compellable by Proscess in the British Courts to pay a Debt due to an American Citizen, antecedent to the late War, and this without any Regard to or Enquiry concerning his Estate or his other Debts in America. a great Cry and Uproar, nevertheless would no doubt in such Case be excited, and the Courts would probably, Suspend and prolong the Proscess. There will never be an End of Questions and Chicane, untill the States repeal all the Laws which impede the Recovery of old Debts in America.

I perceive that according to the Ideas of some, I am Sent here to make a new Treaty of Peace, the old one not being agreable to some Gentlemen who were in debt before the War. This I shall never be able to do. The Treaty as it was was too generally condemned here as too beneficial to Us, and the least mention of it, Setts too great Multitudes in a flame for Ministers to touch it.— The Ablest Minister this nation has living, and the Man of the most Influence fell a Sacrifice to it,2 and it became immediately an Object of So much Delicacy, that the Utmost Exertions of your Ministers, as Mr Jay and Dr Franklin very well know, could not obtain in nine months the Alteration of a Word of it, in the definitive Treaty. It is not likely then that the present young Minister, will venture on so hazardous a Step.

The affair of Interest generally I Suppose depended upon the Usage and the Understanding of the Parties. But neither Custom nor the Understanding of the Parties, ever comprehended the Case that has happened. it never was Supposed that England would throw us out of their Protection, and make it not only criminal but impossible to trade with her subjects and pay their Demands. And therefore a Jury I think will not give the Interest, during the War. But a Jury is the only Tribunal to which an Appeal may be made, consistently with the Treaty.

We shall talk forever in vain, My Friend, about the Dignity of our Country, and Fœderal systems, if the Feelings of our Countrymen are not more Sensibly affected, at the sound of those Sacred Words “Public Faith.”— If the Faith of the Nation cannot be depended on, like the Laws of Nature it will never be respected nor confided in at home nor abroad. If the People cannot be convinced of the 340 indispensible Importance and Necessity of this Principle, all must be given up to the Guidance of Chance & Accident, factious rage, insidious selfishness and delirious Enthusiasm

With much Esteem, Dear sir, I have the Honour / to be, your most obedient & most / humble servant

Two days ago, I was honoured with your Letter of the 4. of May, in which another of the first of the same month is referr’d to, and as I hear there is a Passenger expected from the Packet, I hope to receive it from him when he arrives in town.2

Lord Carmarthen told me Yesterday, “that he had Letters from Mr Anstey, mentioning his civil reception: his Lordship Said, too, that a Minister Plenipotentiary would certainly be Sent to Congress: that it was not from any Coldness or Want of Respect to the United States that it had not been already done; but merely from the difficulty of finding a proper Person: that he had received many Applications, but they had been generally from Persons who he was Sure would not be agreable in America: and in Some Instances from Persons more Suitable for a Place in the Customs, than in the Corps Diplomatique.”3

A long Conversation ensued upon the Subject of the Posts Debts &c little of which being new is worth repeating. The Policy of giving up the Interest during the War, and of agreeing to a Plan of Payment by Installments, was again insisted on, from various considerations, particularly from the evident Injustice of demanding Interest for that Period. it was urged that the Claim of Interest in most Cases was grounded upon Custom, and the mutual Understanding of the Parties: but that it never had been the Custom, nor had it ever been Understood or foreseen, that an Act of Parliament Should be passed, casting the American Debtor out of the Protection of the Crown, cutting off all Correspondence and rendering all Intercourse 341 criminal; for that was the Result and the legal Construction during the whole War. Here his Lordship fully agreed with me and even outwent me, Saying that “it was very true that by construction of the Law of this Land, it was High Treason in a Creditor in Great Britain to receive a Remittance, from his Debtor in America during the War. His Lordship added Some Slight Expressions concerning the Interest and wished that the Courts were opened for recovering the Principal. We might leave the Interest for an After Consideration. in Short they waited only for Some Appearance of a disposition.” The Answer to my Memorial of 30. Nov. contained their true Intentions. They Sincerely meant to fullfill “every Engagement, whenever they Saw a Disposition on our Part.” These Expressions you see are somewhat oracular, but they conveyed so much meaning to me that I will no longer hesitate to recommend to Congress to take up this matter and decide it at once. it would be going too far to point out the Mode. but it may be Suggested, whether it is not expedient for Congress to require of all the States who have made Laws irreconcileable to the Treaty, immediately to repeal them. declaring at the Sametime, that Interest upon Book Debts and Simple Contracts during the War, cannot be considered as any Part of the Bona Fide Debts intended in the Treaty. as to Specialties, there may be in Some Cases more Difficulty. Yet I dont See but the Same Reasoning is applicable to all. The legal Contract was dissolved by throwing Us out of the Protection of the Crown and our Subsequent Assumption of Independence, and had no Existence untill revived by Treaty, private honour and Conscience are out of this Question. those who think themselves bound by these Ties, will do as they please. but I believe under all the Circumstances, few Persons even of the most delicate sentiments will be Scrupulous. if Such a Declaration should be made by Congress, Candour will require that it Should extend to both sides, to the British and Refugee Debtor to American Creditors as well as Vice Versa.

If Congress Should choose to avoid involving themselves in Such a Declaration, it would not be proper for individual States to do it; and in this Case, I humbly conceive the Laws ought to be repealed, and the Question left to Judges and Juries, who upon the Strictest Construction of Law Equity and the Treaty may in my opinion in most Cases if not in all, deny the Interest during the War to the Creditor. in some of these Ways relief must be had, or in none, for the Ministry here will never intermeddle in the Business.

If any one Should ask what was the Intention of the Contracting Parties at the Treaty? The Answer must be, the Treaty itself must determine, and any one who reads it may judge as well as one of the Plenipotentiaries. The Word “heretofore,” was not used in Preference to the Words “before the War,” with any View to the Interest but to comprehend Debts which had been contracted during the War.—4 The Intention was, no doubt, that whatever Judges and Juries Should find to be a Debt, should be recovered. and I believe that any Man acting in the Character of either, will find it difficult to Say upon his Oath, that Interest during the War, is bona fide due.— did any Debtor, forseeing the War, contract a Debt, and pledge his Faith to pay Interest during the Continuance of it? Let this be proved and a Judge or Juror would compell Payment. But probably there is not one such Case.— The War may be considered as one of those Accidents, bona fide not expected or foreseen, against which Equity will always give Relief.

With great and Sincere / Esteem I have the Honour to be, sir / your most obedient and most / humble servant