No human transcription currently available for this document.
This transcription was generated by machine using Anthropic's Claude Code (a mix of sonnet and opus models). It may contain errors or inaccuracies. Please verify against the document image. Learn more about our generative AI methodology.
[To: The Hon'ble Timothy Pickering Esqr]
new York 14 Octr. 1795
Sir
I was Yesterday afternoon honored with yours of the 10th Inst: enclosing a copy of your letter to messrs. Lewis and Rawle, and of their opinion on the Points stated in it. — notwithstanding my Respect for the Talents and Candor of those Gentlemen, I do not hesitate to say, that the Cognizance and Powers given to the Commissioners designated in the 6 and 7th Articles of the Treaty are in my opinion vastly more comprehensive than those Gentlemen consider them — indeed I cannot conceive how it was possible to give the Commissioners greater Latitude, consistant with Reason & common sense, than by authorizing them to "decide the Claims in question according to the merits of the several Cases, and to Justice Equity and the Laws of Nations. — If it is asked what are the Claims and Cases which they are authorized to to decide? let it be answered in the Language of the Treaty, "all Claims for and cases of losses and Damages caused by irregular or illegal Captures or Condemnations of american Vessels or other Property, under colour of authority or Commissions from his Britannic majesty;" and in which cases Subject Compensation would not, for whatever Reason, be actually obtained had and received in the ordinary Courts of Justice —
The Duty of the Commissioners is two fold — first, to decide on the merits of all claims made in such cases, according to Justice Equity and the Laws of Nations, and Secondly, to ascertain and award the amount of the Losses & Damages sustained by those Claimants, in whose favor they decide the merits of the Case to be —
as on the one Hand no Legislature or Judicial acts in this country repugnant to the Treaty of Peace, can restrain the Commissioners under the 6th article from doing Justice to those Creditors — so on the other Hand, no royal Instructions or Decisions of Courts, given made or expressed contrary to the Laws of Nations, and causing Losses and Damages to american Citizens can restrain the Commissioners under the 7th article from doing that Justice to the Claimants, which Justice Equity and the Laws of Nations may prescribe — perfect Justice to all parties is the object of both the articles. if the Commissioners are empowered to do it in terms as explicit and comprehensive as the english Language affords —
I would with great pleasure take up and consider this subject at large and give you a formal Opinion upon it; but I must resist the Utility or Expediency, in the Present Moment, of bringing forward to the Merchants any other Description of hope— my opinions of mine relative to these or other articles of the Treaty —
after returning your letter I took the Liberty of communicating (this morning) to Col. Hamilton, the Opinions of Mr. Lewis & Mr. Rawle. — and I will his Hamilton enclose, open for your Inspection, a Letter from him to Mr Woolcott, in which you will find his Sentiments on the Points in question —
I have the Honor to be &c —