Robert Treat Paine Papers, Volume 4
Your Favor of the 1t of Jany: I1 have had the Pleasure of Receiving, & should have answered it before this Time, had I been able to collect any Information of Consequence relative to your Queries. You observe, that several Questions arise with Respect to Confiscations, & the Affairs of the Absentees—That probably the Laws for Confiscation, are not, in some of the States, the same in Operation, as our Laws, which occasioned the 6th. article in the Treaty to be worded as it is. I have enclosed for your Information what our Commissioners have wrote Jointly on the Article respecting the Refugees; & it is not in my Power to collect any other Information of Importance.
New York has had no Delegate in Congress, since we have been at this Place—New Jersey has had one only, & he is not able to give any Detail of the Proceedings of this State in these Matters Neither can I collect any Thing from the Delegates of Pennsylvania that will throw any Light upon your Queries.
Congress did on the 14th. of January last make the Recommendation stipulated in the 5th. Article—And I apprehend the Business must now rest with the several Legislatures, who alone have the Right & Power of altering the Laws respecting Absentees, & of making such others relative to them as shall not be expressly contrary to the definitive Treaty. Some may say, that what relates to them in the Treaty is so ambiguously express’d, as that it will be difficult to determine what may, or may not be opposed thereto. One Point I think is clear that the Refugees have nothing to expect, of Right; The Legislatures must determine how far it is proper to extend their Lenity & Compassion towards them.
The State of Maryland has confiscated real Estate the Property of british Subjects to the Amo. of about £300,000 Sterg. Little is said about it. The former Owner of the greatest Part of it Mr. Hartford a natural Son of the late Lord Baltimore, & his Heir, is now in this Place; He has made no formal application tho he has been here since last August. It is supposed he waited for the Completion of the definitive Treaty, since which the Legislature of this State has not been in Session: from which I can collect any Application of his will be fruitless. The State have also confiscated of his, about £30,000 Sterg. due for quit Rents. This may be a Matter of more nice Discussion as it will come under the Denomination of a Debt due to a brittish Subject. 296 It is said, that a Charge of an equal Amount will be made by the State on this ground, a certain Sum was laid on the Tonnage of Vessels & appropriated for the Defence of the State, which was received for many years & not applied to the Purpose for which it was granted, but the Proprietor or his Governor keept it to their own use. There does not seem to be in general a Disposition this Way to favor the Refugees. It is an old Observation, that Justice ought to begin at Home that Beginning is yet to be made with Respect to our own Citizens; after we have provided for them honestly, which Heaven only knows how long it will be before this shall be done, I own that I see very little Prospect of it at present, then we may more clearly consider our Situation & know what we can do for others, who have been no small Cause of the Burtherns & Distresses that we shall feel for many years to come. Does Justice require that we should shew them Lenity? It does not seem to be agreed that they have any Demand upon us from that Principle. Does Policy then dictate to us a Revision of our Laws, Retribution & a free Admission of them amongst us? It is said that this would discover our Magnanimity in a Point of Light that would do Honor to our national Character among the European Nations—that it would operate strongly in our Favor as Britain might thereby be induced to make a much more liberal Treaty of Commerce with us; & the more liberal her’s, the more so will be the commercial Treaties to be form’d with other Nations. This seems to carry with it a “quid pro quo.” But it does not seem to me that any such Bargain can be made. The Britons from their Publications, appear to be divided in Sentiment with Respect to the Utility of a Treaty of Commerce with us. Some are for making a liberal Treaty others are for making none. The Opinions of both Parties are founded in Interest. The first are ready & desirous of doing it without forcing upon us the Refugees. The others are against it in every Shape. The present Administration are much in this Opinion. They say that since Peace has taken Place, it is evident that the Americans have forsaken the french Ports, that they have, & will naturally revert to the old Channel of Trade. That at present, such is the Government of the United States, that if they would, they cannot make general commercial Regulations to prevent it. That they shall therefore, without a Treaty have as much of our Trade, as they could expect to have with. They farther say, that the Americans wish to secure to themselves permanent Advantages from the Whale & cod Fisheries, but that it is not for the Interest of Britain to encourage or favor them, nor in the carrying Trade, all which would tend to weaken very much the brittish Navy for when these Privilidges shall be stipulated to the Unit297ed States, Russia being by the present Treaty entitled to all the Privilidges which shall be granted to the most favored Nation, will also Share in them. These consider the Navigation Act, & a firm adherence to it, as Matters of the highest national Consequence, & on which the future Prosperity, if not Existence of the Nation depend.
But it is nearly of as high Consequence to us that they should relax; For without the beforementioned Branches of Trade; Masstts., especially, will have gaind a Loss as St. Paul says.2 She will have gaind her Independence at the Expence of her only Resources of Wealth—She will have the Glory of being a sovereign, independent, poor State—This may save us from the Reproach “Sævior Armis—Luxuria incubuit, et quæ Vitia fuerunt, mores sunt.”3
But granting that we are to make a Bargain for the Refugees, ought not the Matter to be well husbanded. If thro’ them we are to obtain a more liberal commercial Treaty, that Indulgence ought not to be granted until Stipulations are fairly entered into. We certainly have a Right to make the best we can of a bad Bargain. As it is possible, tho I do not think it probable, that Britain might be induced on Account of the Refugees to enter into a more favourable Treaty of Commerce with us, we ought by no means to relax with respect to them, until we know her ultimate Intentions.
You seem to be afraid to ask what is to be done, with Loan office Certificates & old Emissions. Perhaps I have much more Reason to be afraid to give an answer. As to the last, we can take no Question in Congress upon the Matter, for Want of a sufficient Representation. We have had nine States respresented but three Days only, since we have been in this Place—And when we shall have nine States again, I know not. Congress have but a few Objects of Consequence before them; they generally require the assent of Nine States. If there was a full Representation, these might all, in the Course of two Months be dispatch’d, & Congress might then have a Recess of five or six months. If the States are not disposed to keep up a Representation, how can the Evil be remedied? Congress have no Power over their absent Members. As to Loan Certificates, it does not appear to me that there is a Probability that the States will give to Congress permanent & adequate Funds to discharge Interest or Principal. But we must wait the Issue.
The Papers of John Adams, 15:143–147.
Samuel Osgood (1748–1813), a 1770 Harvard graduate, was a member of the Continental Congress from 1781 to 1784, the first commissioner of the U.S. Treasury from 1785 to 1789, and President Washington’s postmaster general from 1789 to 1791.
A reference to St. Paul’s letter to the Philippians, Phil. 3:7–8.
Luxury, more deadly than war, broods over the city, and avenges a conquered world. Quoted from Juvenal, Satire VI, line 292.