Exportation is still more simple: because, as
we prohibit the exportation of nothing, and very rarely
lay a duty on any article of export, the State is
little 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, bartering,
&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 presumption
of it in the others. Being best acquainted with
its administration in Virginia, I shall confine myself
to that. Before the Revolution, 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 reformation was among
the first works of the legislature, after our independence.
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 privilege
to be tried immediately, on the return of his process,
without waiting till those of natives, which stand
before them, shall have been decided on. Out of
this act, however, the British stand excluded by a
subsequent one. This, with its causes, must be
explained. The British army, after ravaging the
State of Virginia, had sent 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 answered, that
these people had come to them under promise of the
King’s protection, and that that promise should
be fulfilled, in preference 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 declared, at the same time, they would repeal
the law, if Congress were of opinion they ought to
do it. But, desirous that their citizens should


