Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1800-12-23

4 CsNkSs DC tiaA AGO cOhCinitfc Dpll 10 10 tnt
iiuaice of the claim anS 70 he amount Of the
ium PAID 70 ihe creditor or claimant; Rre
! the United Sr,tss undertake to cauie tie
lam 20 swsrded to be paid in lpecie 20 such
cre5isur, or claimant without deduction !
ard at fuel, time or times, ae inch place OF
places, 80 ihsl be awarded, By the lad COM
naliioners and ca condition. ofiuch reieates
or atiigniscn;s, to be given by the creditor
or olsimant, as by the fame conmii!icuers
uisy bc directed; provided always that no
fuch payment ihall be cSrd By tho iaid COM
niilioncrs, 10 take place, fooner than twelve
monshs from the day OF the exchange oe the
ratification Of this t,caty.p
Under this article, his Britannia Maiely
appointed Jhomas hI'Donald and He ~
Pye Rich, Efsuires. & the Preiiden, of the
United States appointed 'rhoma Fitz(imons,
and James lance, efqra. CcmmifioGsrs.
The faid Bdtifn Commdfoners propofed
Mr. GGiilcmsrd; aud the American com
miiliouers Finer Ames, efq for the Fifth
Commillioner. Mr.. GOilemard was drawn by
lot. Afterwards, upon me death of colo
mel lanes, the Pr.Gdeot appointed Samuel
Sitgreavcs, c(q. il hi, room. Among the
clains which were exhibited 70 TIE commit
oucrs were ,hoGe os eriliG, creditors, whole
debts were conficated, during the Revolu-
tionary war.---TDrie, which were to an i'm.
mente amount, were coatendrd 10 be recciv-
cd by the fourth article of the treaty oe
psace, and recoverable agaiaa the United
States, under the Gxth article Of the treaty
of amity. The cafe OF Andrew Allen was
one Of this clais, 1t was before the board
of July 9th, 1900; aul is thus iialed,--
" Claim for loiie,, arfiRg from the non re
covery OF debts due to the claimant, beiog
a Eigjea Of bis Brianaie Maj5Qy through the
operation of an aa of altainder and confr
cation psfed againlt him a, fibre of Pean
l,JiOau;a, by the Representatives. of she free
men of the commonwealth of Pcnnly,vauia,
or the iix,h day of March, 1878; for the
crime of high ,resfoa, in having contrary to
the alleg lance which he owed to the faid rate
joined and adhered to the army of the King
of Great Britain, the isid a6 of at;ainde
and coniiication being lawful impeachment
which operated againf the fourth article o
the treaty Of peace, and within the meaning
of the 6xth article OF the treaty of amity
/" Objection ltsted on the part OF the u
nited States "a the ara ground of defence
: before the board that az the claimant wa
an inhabitant of the Gate of Psunfylvauia a
the date OF the declaration Of Independence
he wes inbiect of that Rate for that in fac
the United States were independent 70 carl
,, as 1876; and on thee glorious menors
bic 4th OF JOY, 1916, they foiennly an
E formally declared 20 the world, thar the
were independent, tnat the formal acknow
lcdgmeut of bis Britannia MaisRy sdde
? nothing to their real independence: and
1 the treaty of peace had never been mad,
: the United States would have actually cor
! tinued an independent nation, slough ;
war with Great Britain to this momen
c And that though Andrew Allen, after b,
: ing fubjea of Pennsylvania, joined the Br
: tiih forces in December 1910, and returne
: to his natural allegiance, this did not difIol,
= the right of Pennsylvania to hold him as
4 citizen, to punifh him, concluding that |
! was not entitled to the benefit of the 9Th a
{ ticle OF the treaty ofpeace, or Orb article ,
J the treaty of amity,
; (" The bo-rd finding that the objection
&c fniHe, thus taken aud argued before then
:, precluded all farther inyeRigation --took IL
the queaiOn 70 far only as it was necehar
: TO the determination Of the national chara,
a ter, and right to claim.-And for full! ar
y gument and difcufion, and with referenc
TO opinions, which mad been folemuly deli
Il vered by the judges Of the United States,
o majority of me board propoted refolntio
f. Eating, among other things, that the onl
g difference betweea the queaion in this cali
i and that which is Gated in The preceding r.
je folution,% conliaed in ,he different words {
= defcription, con aiGed in the two feveral &
n but aS the se Of Pennsylvania could not hav
% any greater effect or operation agsioft III
d fourth article of the treaty of peace, tia
: that of New York and as the fact charge
+ to be crime, viz. adhcring to the caufe {
n his Britannia majeay, was the fon.e 10 bot
!. cafes the mere words of dslcriptioa, alum
# ed in the aa OF Pennlylvania, could not prov
g againit the character of the party as Bri
e tin fubjsa, or give efficacy 10 itfslf, 10 as T
= take the cauie out Of the meaning and Oh,
!. ration of the iaid arlicle-ihat at the prsc,
Il. =. ! 4 +