Remarks on Article 2d, relative to Boundaries.
The Court of Great Britain insisted on retaining all the territories comprehended within the Province of Quebec, by the act of parliament respecting it. They contended that Nova Scotia should extend to the River Kennebec ; and they claimed not only all the lands in the western country and on the Mississippi, which were not expressly included in our charters and governments, but also such lands within them as remained ungranted by the King of Great Britain. It would be endless to enumerate all the discussions and arguments on the subject.
We knew this Court and Spain to be against our claims to the western country, and having no reason to think that lines more favorable could ever have been obtained, we finally agreed to those described in this article ; indeed, they appear to leave us little to complain of, and not much to desire. Congress will observe, that although our northern line is in a certain part below the latitude of forty-five, yet in others it extends above it, divides the Lake Superior., and gives us access to its western and southern waters, from which a line in that latitude would have excluded us.
Remarks on Article 4th, respecting Creditors.
We had been informed that some of the States had confiscated British debts; but although each State has a right to bind its own citizens, yet, in our opinion, it appertains solely to congress, in whom exclusively are vested the rights of making war and peace, to pass acts against the subjects of a power with which the confederacy may be at war. It therefore only remained for us to consider, whether this article is founded in justice and good policy.
In our opinion, no acts of government could dissolve the obligations of good faith resulting from lawful contracts between individuals of the two countries, prior to the war. We knew that some of the British creditors were making common cause with the refugees and other adversaries of our independence ; besides, sacrificing private justice to reasons of state and political convenience, is always an odious measure ; and the purity of our reputation in this respect, in all foreign commercial countries, is of infinitely more importance to us than all the sums in question. It may also be remarked, that American and British creditors are placed on an equal footing.
Remarks on Articles 5th and 6th, respecting Refugees.
These articles were among the first discussed and the last agreed to
