I have the honor to transmit to Your Excellency herewith enclosed sundry Resolutions passed by the United States in Congress Assembled respecting the treaty of peace between the United States of America and Great Britain: And also a Letter to Your Excellency this day unanimously agreed to in Congress on the same Subject.(1)
With the greatest respect, I have the honor to be, Your Excellency's Most Obedient & Most Humble Servt., Cha Thomson
RC (Vi: Continental Congress Papers). Addressed: "His Excellency The Governour of Virginia." LB (DNA: PCC, item 18B).
1 The enclosed March 21 resolutions, adopted at the recommendation of secretary for foreign affairs John Jay, declared that the states "cannot of right pass any act or acts for interpreting, explaining or construing a national treaty," and that all "Acts as may be now existing in any of the States repugnant to the treaty of Peace ought to be forthwith repealed." Upon adopting these resolves, Congress directed Jay to draft a circular letter for President St. Clair's signature explaining the necessity for state compliance with the resolves, which he submitted on April 6 and Congress adopted this day. See JCC, 32:124-25, 166-67, 177-84.
The issue had its origin in Britain's refusal to surrender a number of frontier posts in violation of the peace treaty, which John Adams had protested to Lord Carmarthen in December 1785. But Carmarthen's reply, that treaty violations by various states concerning loyalists and the recovery of debts had preceded Britain's refusal, cut the ground from under American claims. The enclosed letter to the states acknowledged the charge in very general terms and attempted to cajole the offending states into comply
For another instance of the violation of a treaty by an individual state, which led the Dutch minister to protest a Virginia law infringing most-favored-nation commercial privileges guaranteed by treaty with the United States, see Virginia Delegates to Edmund Randolph, March 5, note 1.