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![handle is hein.slavery/ssactsengr0067 and id is 1 raw text is: DOE V. ACKLAM
lawful impediment to the recovery of the full value, in sterling money of all bonh fide
debts heretofore contracted.
Article 5th. It is agreed that Congress shall earnestly recommend it to the Legis-
latures of the respective States, to provide for the restitution of all estates, rights, and
properties, which have been confiscated, belonging to real British subjects, and also of
the estates, rights, and properties of persons resident in districts in the possession of
His Majesty's arms, and who have not borne arms against the said United States;
and that persons of any other description shall have free liberty to go to any part or
parts of any of the thirteen United States, and therein to remain twelve months,
unmolested, in their endeavours to obtain restitution of such of their estates, rights,
and properties, as may have been confiscated ; and that congress shall also earnestly
recommend to the several States a re-consideration and revision of all Acts or laws
regarding the premises, so as to render the said laws or Acts perfectly consistent, not
only with justice and equity, but with that spirit of con-[783]-ciliation which on the
return of the blessings of peace should universally prevail ; and that congress shall
also earnestly recommend to the several States, that the estates, rights, and properties
of such last-mentioned persons shall be restored to them, they refunding to any
persons who may be now in possession, the bonA fide price (where any has been given)
which such persons may have paid, on purchasing any of the said lands, rights, or
properties since the confiscation ; and it is agreed, that all persons who have any
interest in confiscated lands, either by debts, marriage settlements, or otherwise, shall
meet with no lawful impediment to the prosecution of their just rights.
Article 6th. That there shall be no future confiscations made, nor any prosecutions
commenced against any person or persons, for or by reason of the part which he or
they may have taken in the present war; and that no person shall on that account
suffer any future loss or damage either in his person, liberty, or property ; and that
those who may be in confinement on such charges at the time of the ratification of
the treaty in America, shall be immediately set at liberty, and the prosecutions so
commenced be discontinued.
Article 7th. There shall be a firm and perpetual peace between His Britannic
Majesty and the said States, and between the subjects of the one and the citizens of
the other, wherefore all hostilities both by sea and land shall from henceforth cease,
prisoners on both sides shall be set at liberty ; and His Britannic Majesty shall, with
all convenient speed, and without causing any destruction, or carrying away any
negroes, or other property of the American inhabitants, withdraw all his armies,
garrisons and fleets from the said United States, and from [784] every port, place,
and harbour within the same, leaving in all fortifications the American artillery that
may be therein; and shall also order, and cause all archives, records, deeds, and
papers belonging to any of the said States or their citizens, which, in the course of
the war, may have fallen into the hands of his officers, to be forthwith restored and
delivered to the proper States and persons to whom they belong.
The special verdict then stated, that P. Thomas, and Frances Mary his wife, after-
wards, to wit, on the 1st day of November, 1821, demised to the said John Doe, the
said tenements with the appurtenances in the said declaration mentioned, to have and
to hold for the term of seven years thence next ensuing, a,,d fully to be complete and
ended in manner and form as the said John Doe hath in that behalf alleged, by virtue
of which demise, he, the said John Doe, entered into the said tenements with the
appurtenances, and was possessed thereof until the said William Acklam, afterwards,
to wit, on, &c. entered, &c. but whether or not upon the whole matter, &c. in the
usual form. The case was, on a former day in this term, argued by
Tindal for the plaintiff. In order to establish the plaintiff's right to recover in this
action, it will be necessary to make out three propositions.
1st. That all persons born within the colonies of North America whilst subject to
the Crown of Great Britain, were natural born subjects to all intents and purposes,
and therefore capable to inherit and hold lands in Great Britain.
2d. That the separation of the colonies from the parent State, and the acknow-
ledgement of their inde-[785]-pendence, did not in any manmer affect the character
and capacity of those persons who had been born within the colonies before such
separation, as natural born subjects of this kingdom; but that they continued capable
to inherit and hold lands in Great Britain as before.
3d. That by virtue of the 25 Ed. 3, or the 7 Ann. c. 5, explained by 4 G. 2, c. 21,
2. B. & 0. 783.](ViewImageLocal?handle=hein.slavery/ssactsengr0067&div=1&collection=&method=preview&ext=.png&size=3)