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62 CORRESPONDENCE AND PUBLIC PAPERS. which, for that reason, it would be useless here to repeat ; on this point we could not agree. I then brought into view another circumstance, as affording us just cause of complaint, antecedent to any of those urged against us, viz., that, from the documents recited and stated in Mr. Jefferson's letter to Mr. Hammond, it appears that the posts were not only not evacuated within the reasonable time stipu* lated by treaty but also that no orders for the purpose had, at least within that time, if ever, been given. To this it was answered, that the provisional articles were signed at Paris on the 30th of November, 1782 ; that those articles were to constitute the treaty of peace proposed to be concluded between Great Britain and the United States, but which treaty was not to be concluded till terms of peace should be agreed upon between Great Britain and France; that the treaty of peace was not concluded until the 3d of September, 1783 ; that it was not ratified in America until the 14th of January, 1784; and that the ratification was not received in London until the 28th May, 1784, nor exchanged until the end of that month ; that, according to the laws of nations, treaties do not oblige the parties to begin to execute the engagements contained in them, until they have received their whole form that is, until after they shall have been ratified by the respective sovereigns that are the parties to them, and until after those ratifications shall have been exchanged; that, therefore, it was not until the end of May, 1784, that Great Britain was bound to give any orders to evacuate the posts; that such or-
Title | The correspondence and public papers of John Jay - 4 |
Creator | Jay, John |
Publisher | G.P. Putnam's Sons |
Place of Publication | New York, London |
Date | [1890-93] |
Type | Books/Pamphlets |
Title | 00000089 |
Type | Books/Pamphlets |
Transcript | 62 CORRESPONDENCE AND PUBLIC PAPERS. which, for that reason, it would be useless here to repeat ; on this point we could not agree. I then brought into view another circumstance, as affording us just cause of complaint, antecedent to any of those urged against us, viz., that, from the documents recited and stated in Mr. Jefferson's letter to Mr. Hammond, it appears that the posts were not only not evacuated within the reasonable time stipu* lated by treaty but also that no orders for the purpose had, at least within that time, if ever, been given. To this it was answered, that the provisional articles were signed at Paris on the 30th of November, 1782 ; that those articles were to constitute the treaty of peace proposed to be concluded between Great Britain and the United States, but which treaty was not to be concluded till terms of peace should be agreed upon between Great Britain and France; that the treaty of peace was not concluded until the 3d of September, 1783 ; that it was not ratified in America until the 14th of January, 1784; and that the ratification was not received in London until the 28th May, 1784, nor exchanged until the end of that month ; that, according to the laws of nations, treaties do not oblige the parties to begin to execute the engagements contained in them, until they have received their whole form that is, until after they shall have been ratified by the respective sovereigns that are the parties to them, and until after those ratifications shall have been exchanged; that, therefore, it was not until the end of May, 1784, that Great Britain was bound to give any orders to evacuate the posts; that such or- |
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