Illegal capture of American vessels by the British
Document 1796Addresses complaints from American merchants on the illegal capture of vessels by Great Britain, in violation of the Jay Treaty. McHenry insists that the only solution right now is to have Congress make a loan to the victims of these British actions for reimbursement.
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[1796
To [undecipherable] Olcon
on a projected
memorial
for recovering ments
tho has suffered
by British captures]
[To [undecipherable] Olcott Esq]
Sir.
The draught of the memorial in its ori-
ginal form [strikethrough: undecipherable] strikes me in the following
light.
To reduce it to a small compass. It
states the [undecipherable] injuries done to the petitioners by
illegal captures of their vessels & property by Great Britain
without [affording] either directly or indirectly the treaty
as a means of indemnification. It describes [strikethrough: the] the mode
of seeking redress in the usual course by appeals to the
courts in Great Britain "(a practice independent of treaty)
as involving a delay of indemnification which must
prove ruinous to many sufferers, and concludes by praying
Congress to grant the petitioners "such indemnification and
relief as the nature and justice of their several cases may
require."
Such being the memorial I should
consider the laying it before Congress as a direct attack
upon the treaty. 1st Because it does not acknowledge the
treaty [strikethrough: either directly nor indirectly] as a means by which
even partial redress or any redress may be obtained. And
2d. Because it [strikethrough: undecipherable] obliges Congress to employ means tending
to defeat the treaty, if not contradicting to its provisions.
The fund contemplated by the treaty
to pay the sufferers by illegal captures is to be provided by
Great Britain. The fund contemplated by the memorial is
to be immediately provided by Congress. The Courts established
by the treaty to try the illegality of captures are those of Great
Britain. The Court prayed for by the Memorial is Congress,
who as to grant the petitioners "such indemnity and relief
as the nature and justice of their several cases may require"
A [undecipherable] to Congress of this nature where
it is known a party exists who have been courting the people
to pour in objections to the treaty, would in all probability be
employed to answer purposes very different from the object
of the memorial as judicious
[Congress]
Something no doubt ought to be done, by
[undecipherable] towards the [undecipherable] relief of the sufferers [strikethrough: undecipherable] till
it appears that the indemnification by Great Britain is
inadequate can [Congress] [strikethrough: undecipherable] can [undecipherable] undertake to say what-
it ought to be as the memorial requires, [strikethrough: and] determine
[strikethrough: undecipherable] [undecipherable]
the nature and justice of every particular case, to
cast the business into this train at this stage of the treaty,
to get Congress to decide the quantum of [strikethrough: undecipherable] indemnity,
as the memorial holds out, that each sufferer is intitled
to, and to deny it to him when ascertained would be
in effect to set aside the treaty.
What is to be done, [strikethrough: then] you ask?
Congress ought to make a loan to the sufferers and
take their claims [for] security [for] reimbursement.
This is the only relief, which under present circum-
stances, I think, Congress can grant, and the only
relief which there is [strikethrough: undecipherable] probability of
obtaining. If such should be your idea the memorial may be
easily altered to conform to it.
I am your obt
James McHenry
Type
Autograph Draft Letter Signed
Description
Addresses complaints from American merchants on the illegal capture of vessels by Great Britain, in violation of the Jay Treaty. McHenry insists that the only solution right now is to have Congress make a loan to the victims of these British actions for reimbursement.
Date
1796
Author
Recipient
Repository
Collection
Document number
1796999900101
Page start
1
Notable persons
Robert Oliver
James McHenry
British
petitioners
Congress
merchants
Democratic-Republicans
Notable locations
Great Britain
courts
Notable items
Vessels
ships
treaty
loan

