I'm a British creditor in 1783, the US just became independent, and much of my money is loaned out to Americans. Are they expected to still make payments and if not, would I have any legal recourse to get my money back?

by Xxxn00bpwnR69xxX
DCynicalOptimist

Hello, this is not exactly my area of expertise, since I mostly focus on material culture in the 18th century (especially in Virginia 1760-1780)^(Neal Hurst is best history bae) but I will give it a shot.

My scholarship is a bit dated, and if someone can add better documents and research (or honestly, a better, more complete answer) please do.

The issue of debts owed by Americans to British creditors was one the major points of negotiations at the Treaty of Paris in 1783. During the American Revolution, states passed laws that made it impossible for British creditors to pursue payment, as well either sequestering the debt into state treasuries or even outright confiscating property from Tory/Loyalist individuals.

​

During the Treaty of Paris, the United States government agreed to Article 4 stating that state courts should be open to allow British creditors to request the repayment of debts owed by Americans. Unfortunately, in true pre-Constitution USA, the federal government had no real way to enforce such policy and states quickly moved in to close courts to debt cases, denying the restitution of property to Loyalists, forgiving debts and not recognizing the accumulation of interest during the war.

​

It just got worse and worse to the point where this was a major point of tension between the United States and the British government. So if you are stuck in 1783, you could try to ask the state courts very politely to hear your case, but most likely you would be stuck in the same position.

This got sort of fixed with the advent of Jay's Treaty in 1795, which asked for a commission of five men (2 Americans, 2 Brits and one by random draw) to decide and arbitrate disputes and reparations. Which, to no ones surprise, did not solve the issue and the two Americans soon resigned. This meant that the problem got kicked upstairs and finally in 1802, the Jefferson government agreed to pay a sum of 600,000.00 pounds to settle this debt. This was a rather paltry amount due to the fact that many debts could not be documented and that they only accounted for debts of 500 pounds or more. After the payment, the British government set up a ^((guess what?)) commission to review all the claims from creditors. About 1/4 got approved, but in true government fashion, just under half got actually paid.

​

So if you are a British creditor in 1783 with a lot of money loaned out to Americans? My best advice is wait it out till 1802-1803 and hope/pray/wish/beg that your claim is approved by the Parliamentary commission and that you actually get paid. That, or, you just develop immortality and wait until the creation of Judge Judy...

Sources:
Bemis, Samuel Flagg. Jay's Treaty: A Study in Commerce and Diplomacy. 2d. ed. New Haven, Conn.: Yale University Press, 1962.

Ratchford, B. U. American State Debts. Durham, N.C.: Duke University Press, 1941.

Moore, John Bassett, ed. International Adjudications, Ancient and Modern. Volume 3. Reprint, Buffalo, N.Y.: W. S. Hein, 1996.

Nash, Gary B. *The Urban Crucible: The Northern Seaports and the Origins of the American Revolution.*Abridged ed. Cambridge, Mass.: Harvard University Press, 1986.

Hoffman, Ronald, and Peter J. Albert, eds. Peace and the Peacemakers: The Treaty of 1783. Charlottesville: University Press of Virginia for the U.S. Capitol Historical Society, 1985.

​

​