groundless, I will observe that I am not satisfied that the construction
given by the British government to that article of the treaty is
justified even by the letter of the article. That construction rests on
the supposition that slaves come under the general denomination of
booty, and are alienated the moment they fall into possession of an
enemy, so that all those who were in the hands of the British when the
treaty of peace was signed, must be considered as British and not as
American property, and are not included in the article. It will,
however, appear by recurring to Vattel when speaking of the right of
"Postliminium," that slaves cannot be considered as a part of the booty
which is alienated by the act of capture, and that they are to be ranked
rather with real property, to the profits of which only the captors are
entitled. Be that as it may, there is no doubt that the construction
given by America is that which was understood by the parties at the time
of making the treaty. The journals of Mr. Adams, quoted by a gentleman
from Connecticut, Mr. Coit, prove this fully; for when he says that the
insertion of this article was alone worth the journey of Mr. Laurens
from London, can it be supposed that he would have laid so much stress
on a clause, which, according to the new construction now attempted to
be given, means only that the British would commit no new act of
hostility--would not carry away slaves at that time in possession of
Americans? Congress recognized that construction by adopting the
resolution which has been already quoted, and which was introduced upon
the motion of Mr. Alexander Hamilton; and it has not been denied that
the British ministry during Mr. Adams' embassy also agreed to it.

But when our negotiator had, for the sake of peace, waived that claim;
when he had also abandoned the right which America had to demand an
indemnification for the detention of the posts, although he had conceded
the right of a similar nature, which Great Britain had for the detention