Page:Memoir, correspondence, and miscellanies, from the papers of Thomas Jefferson - Volume 1.djvu/402

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interested in examining outward bound vessels. The captain asks a clearance for his own purposes. As to the operations of internal commerce, such as matters of exchange, of buying, selling, barter ing, &c. our laws are the same as the English. If they have been altered in any instance, it has been to render them more simple.

Lastly, as to the tardiness of the administration of justice with us, it would be equally tedious and impracticable for me, to give a precise account of it in every State. But I think it probable, that it is much on the same footing through all the States, and that an account of it in any one of them, may found a general presump tion of it in the others. Being best acquainted with its adminis tration in Virginia, I shall confine myself to that. Before the Re volution, a judgment could not be obtained under eight years, in the supreme court, where the suit was in the department of the common law, which department embraces about nine tenths of the subjects of legal contestation. In that of the chancery, from twelve to twenty years were requisite. This did not proceed from any vice in the laws, but from the indolence of the judges appointed by the King : and these judges holding their offices during his will only, he could have reformed the evil at any time. This reform ation was among the first works of the legislature, after our inde pendence. A judgment can now be obtained in the supreme court, in one year, at the common law, and in about three years, in the chancery. But more particularly to protect the commerce of France, which, at that moment, was considerable with us, a law was passed, giving all suits wherein a foreigner was a party, a pri vilege to be tried immediately, on the return of his process, with out waiting till those of natives, which stand before them, shall have been decided on. Out of this act, however, the British stand ex cluded by a subsequent one. This, with its causes, must be ex plained. The British army, after ravaging the State of Virginia, had gent off a very great number of slaves, to New York. By the seventh article of the treaty of peace, they stipulated not to carry away any of these. Notwithstanding this, it was known, when they were evacuating New York, that they were carrying away the slaves. General Washington made an official demand of Sir Guy Carleton, that he should cease to send them away. He an swered, that these people had come to them under promise of the King s protection, and that that promise should be fulfilled, in pre ference to the stipulation in the treaty. The State of Virginia, to which nearly the whole of these slaves belonged, passed a law to forbid the recovery of debts due to British subjects. They de clared, at the same time, they would repeal the law, if Congress were of opinion they ought to do it. But, desirous that their citi-