The exports from the United States to the English West India colonies have been estimated at four millions of dollars annually. The problem has been disputed ever since the independence of the United States, and still remains to be solved, whether these colonies could obtain from any other quarter the supplies received from the United States. To make this experiment, effectually, further restrictions and regulations may become necessary, which it is not now deemed expedient to propose. If the question be decided in the negative, the supplies will be continued from the United States, and our shipping will be benefited. If the articles heretofore supplied from this country can be obtained elsewhere, we must find out other markets for our exports, or the labor employed in preparing them must be applied to some other branch of industry. We have the power, and hereafter it may become our policy, as it is that of other countries, to resort to measures, the effect of which would go far to balance any disadvantage arising from the loss of the English colonial markets. We import annually upwards of six million gallons of West India rum, more than half of which comes from the English colonies; we also import every year nearly seven million gallons of molasses; and as every gallon of molasses yields, by distillation, a gallon of rum, the rum imported, added to that distilled from molasses, is probably equal to twelve million gallons; which enormous quantity is chiefly consumed by citizens of the United States. If the importation of rum and molasses for distillation be prohibited, it would require, at least, four million bushels of grain for distillation to supply an equal quantity of ardent spirits; and in this way, our agriculture would be indemnified for any loss it might suffer by an exclusion from the English colonial markets. As respects the timber and lumber trade, including staves and woods, in all the forms in which we prepare them for exportation, should no foreign markets be found to supply those, which, by the imposition of high duties in England, and those, which, by the passing of this bill, we may lose in the colonies, those who are engaged in this precarious, and, generally, ill paid and unprofitable business, will hereafter confine their supplies to our domestic wants, which are constantly increasing, and to the foreign markets, that are neither affected by English duties, nor the bill before us. The timber of the country is becoming scarce, and more and more an object of public concern. The forests upon the frontier of the ocean, and on the great rivers leading to it, are nearly destroyed. In other countries, and even in Russia, the improvident waste of their timber, especially in the neighborhood of their great iron works, has become a subject of national solicitude. Masts, spars, pine, and oak timber fit for naval purposes, and for the other numerous uses for which timber and wood are wanted, were far more abundant and of better quality formerly, and within the memory of men now living, than they are at the present day; and a little more care and economy in the use of our timber, even now, would confer an important benefit on posterity. The probability, however, is, that as respects our valuable timber, we shall not want foreign markets for all we ought to spare. As a general fule, it is correct, that every person should be free to follow the business he may prefer, since, by the freedom, sagacity and enterprise of individuals, the general welfare is commonly promoted. There are, however, exceptions to this principle; and, as general rules affect unequally individual concerns, and measures adopted for the common welfare may, from the nature and end of society, sometimes interfere with private pursuits, the latter must give way for, and yield to, the former; and, in this case, the general welfare, and the interest that all have, in the encouragement and protection of the shipping and seamen of the country, take precedence over the private and individual interests of persons, whose occupations may thereby be somewhat affected. As to the last point, whether we shall increase our own navigation and seamen, by passing the bill, it may be observed: if England meets us in the temper that we hope she may, and enters into a reciprocally beneficial arrangement, concerning the navigation of the two countries, our shipping will acquire thereby a portion of the carrying trade, now exclusively possessed by her; if she persist in her exclusive system, and thus compels us to meet restriction with restriction, we shall not be losers by this course, but shall ultimately be gainers. According to the English navigation act, as well as the act of parliament, that departs from it, and opens an intercourse between the English colonies and the United States, we are excluded from any share in the navigation between these colonies and the United States. No notice is taken of the occasional relaxation of the latter act, because, by the double competition created by the Americans themselves, as sellers and buyers in the English colonies, the intercourse is probably disadvantageous, rather than beneficial to us. According to the permanent law, English shipping only brings to us her West India supplies, and takes in return the articles wanted in these colonies. If English shipping be no longer employed in this service, and the articles formerly sent to these colonies are exported to other markets, or the supplies received from them are sought for, and imported into the United States from other places, the vessels of the United States will be employed in this service, and so the navigation and mariners of the country will be encouraged and increased. It will doubtless be found, as it has been heretofore, that new markets will be discovered, as well for our surpluses, as for our wants, should those be lost with which we have formerly had intercourse. But, why has a measure of this importance been so long deferred? The explanation which | that succeeded, introduced, in lieu thereof, a this question requires, cannot be made without some reference to the history of our communications with England since the peace of 1783, as well as to the views and policy of men and parties, that have in succession influenced our public affairs. new bill, which became a law, vesting in the king and council authority to make such temporary regulations of the American navigation and trade, as should be deemed expedient. Sundry orders in council were accordingly American and English vessels, between the United States and Great Britain, were allowed, and, with the exception of fish-oil, and one or two other articles, the produce of the United States, imported into Great Britain, was admitted free, or subject only to the duties payable on the like articles imported in English vessels from the American colonies. As, according to the laws of England, not-made, whereby a trade and intercourse in withstanding the acknowledgment of our independence, neither trade nor intercourse could be carried on between the United States and her dominions, it became necessary after the treaty of peace to pass some act whereby this trade and intercourse might be opened;-a bill for this purpose was therefore introduced into the House of Commons by the administration which concluded the treaty of peace with the An intercourse, and a trade, in enumerated United States. The general scope and provis-articles, were also opened, between the United ions of the bill correspond with the liberal prin- States and the English West India colonies, but ciples which were manifested in that treaty, with a proviso (the principle of which is still plainly show that the authors of this bill under- | maintained against us), whereby American vesstood that the true basis of trade and intercourse sels were excluded, and the whole trade conbetween nations, is reciprocity of benefit; a fined to English vessels. foundation on which, alone, the friendly intercourse between men and nations can be permanently established. The preamble of this bill declares "that it was highly expedient that the intercourse between Great Britain and the United States should be established on the most enlarged principles of reciprocal benefit to both countries," and as, from the distance between | them, it would be a considerable time before a treaty of commerce placing their trade and intercourse on a permanent foundation, could be concluded the bill, for the purpose of a temporary regulation thereof, provided, that American vessels should be admitted into the ports of Great Britain, as those of other independent states, and that their cargo should be liable to the same duties only as the same merchandise would be subject to, if the same were the property of British subjects, and imported in British vessels-and, further, that the vessels of the United States should be admitted into the English plantations, and colonies, in America, with any articles the growth or manufacture of the United States, and, with liberty to export from such colonies and plantations to the United States any merchandise whatsoever, subject to the same duties only, as if the property of British subjects, and imported or exported in British vessels; allowing, also, the same bounties, drawbacks, and exemptions, on goods exported from Great Britain, to the United States, in American vessels, as on the like exportations in British vessels to the English colonies and plantations. The persons benefited by the Engfish exclusive system of trade and navigation, became alarmed by the provisions of this bill and earnestly opposed it; and which, after a variety of discussion, was postponed or rejected. About this period, Mr. Pitt, who had supported this bill in the House of Commons, resigned his office of Chancellor of the Exchequer, as his colleagues in Lord Shelburne's administration, had before done. The coalition administration After a periodical renewal of these orders, for several years, the regulations that they contained were adopted by, and became an act of Parliament. This act was afterwards modified, and rendered conformable to the provisions of Mr. Jay's treaty, the commercial articles of which expired in the year 1803;-not long after which date England passed a new act of Parliament concerning the American navigation and trade. This act maintains the exclusion of American vessels from the intercourse between the United States and the English colonies, and confines the same, as former acts and orders in council had done, to English vessels; it repeals the settlement of duties pursuant to Mr. Jay's treaty; and, giving up the policy of the enlarged and liberal system of intercourse which had been proposed in Mr. Pitt's bill, it also repeals such parts of all former acts and orders as admitted the productions of the United States, either free, or on paying the same duties only as were payable on the like articles imported from the English colonies and plantations; and places all articles, the produce of the United States, imported in American vessels, on the same footing as the like articles imported in foreign ships from other foreign countries. This new footing of our trade with England, the importance whereof is well understood by those who are engaged in supplying her markets with masts, spars, timber, naval stores, and pot and pearl ashes, may be regarded as decisive evidence of a complete change of policy concerning the American trade and intercourse; which, however unsatisfactory, as respected the colonial trade, has become more so, by the provisions of this act of Parliament. The policy that manifested itself in the treaty of our independence, and which is seen in the bill to regulate the trade and intercourse between England and the United States, prepared by the administration that made the treaty of peace, was, by the establishment of trade and * This unequal footing of our foreign commerce, and the language made use of by England at this juncture, served still more to increase the public discontent; especially as it was plainly avowed that England ought to render the trade with us as exclusively advantageous to herself, as her power and the defects of the old confederation would enable her to do. Congress having no authority, under the confederation, to impose countervailing and other corrective regulations of trade, the States separately attempted to establish regulations upon this subject. But, as a part only of the States joined in this measure, and as the laws passed for this purpose differed from each other, the experiment completely failed. intercourse on the solid basis of reciprocal bene- | many sailors and as much shipping as posfit, to unite in a firm bond of friendship, a peo-sible.* ple politically separate, living under different governments, but having a common origin, a common language, a common law, and kindred blood; circumstances so peculiar as not to be found between any other nations. Instead of this policy, one of a different sort is preferred; one, however, that England has a right to prefer; and, against the many evils of which, we must protect ourselves as well as we are able to do. The intricate, countervailing, and perplexing code of commercial intercourse, founded in jealousy, and the rival establishments and pursuits of the powers of Europe bordering upon, and constantly interfering with, each other, has been adopted and applied to the United States a people agricultural more than manufacturing or commercial; placed in another quarter of the globe; cultivating, and proposing to others an open system of trade and intercourse; and herein, as in many other important discriminations, differing from the nations of Europe, and therefore not fit subjects for these restrictive and jealous regulations. Our policy is, and ever has been, a different one. We desire peace with all nations; and the wars of maritime Europe have taught us, that a free system of trade and intercourse would be the best means of preserving it. In this condition of our navigation and trade, subject to foreign restrictions and exclusion, without a power at home to countervail and check the same, Congress resolved to make another effort to conclude a commercial treaty with England. For this purpose Mr. Adams, since President of the United States, was appointed, and went to England in 1785, where he resided for several years; but found and left the government unchanged, and equally as before disinclined to make with us a treaty of commerce, although, during his residence, England concluded her famous commercial treaty with France. This further disappointment, with the depreciating condition of our navigation and trade, joined to the embarrassment of the public finances, produced what no inferior pressure could have done; it produced the general convention of 1787, that formed the constitution of the United States. Had England entered into a liberal treaty of commerce with the United States, this convention would not, per With these principles as our guide, at the negotiation of the treaty of peace, in 1783, our ministers were authorized to conclude a treaty of commerce with England on this basis; but no treaty was concluded. Afterwards, and when a temporary trade and intercourse were opened by England, looking, as we supposed, to a treaty of commerce, Congress instructed Messrs. Adams, Franklin, and Jefferson, to renew the overture of a treaty of commerce, which was done by them through the English ambassador at Paris, in the year 1784; but no correspond-haps, have been assembled. Without so inent disposition being shown by England, this second overture failed. The interest and prejudice of those who were benefited by the monopolies, and the exclusive system of England, were opposed to any treaty with this country, on the principle of reciprocal advantage. The political writers of that day, under the influence of these partial views, or not sufficiently appreciating the true theory of commerce, contended that it would be folly to enter into engagements by which England might not wish to be bound in future; that such engagements would be gratuitous, as, according to their interpretation, Congress possessed no power, under the confederation, to enforce any stipulation into which they might enter; that no treaty that could be made would suit all the States; that if any were necessary, they should be made with the States separately; but that none was necessary; and those who talked of liberality and reciprocity in commercial affairs, were either without argument or knowledge; that the object of England was, not reciprocity and liberality, but to raise as tending it, the adherence of England to her unequal and exclusive system of trade and navigation, gave to this country a constitution; and the countervailing and equalizing bill now before the Senate, arising from the same cause, may assist us in establishing and extending those great branches of national wealth and power, which we have such constant and urgent motives to encourage. The establishment of the constitution of the United States was coeval with the commencement of the French revolution. The sessions of the General Convention at Philadelphia, and the sessions of the Assembly of Notables at Paris, were held in the same year. Laws were passed by the first Congress assembled under the new constitution, partially to correct the inequality of our navigation and trade with foreign nations; and a small discrimination in duties of impost and of tonnage was made for this purpose. Afterwards, in the year 1794, a number of resolutions on the sub Sheffield, Charmers, and Knox. safety and even liberties of the country were concerned in the adoption of this course, the treaty proved a welcome auxiliary. It suspended the further agitation of difficult and angry topics of controversy with England; it enabled the government to persist in, and to maintain, the system of neutrality which had been recommended by the father of his country;-a policy, the correctness and benefits of which, whatever may have been the disagreement of opinion among the public men of those times, will now scarcely be doubted by any one. During the continuance of this treaty, furestablish a satisfactory intercourse with the English colonies in the West Indies, and, likewise, to place the subject of impressment on a mutually safe and equitable footing. The com ject of navigation and trade, were moved in the House of Representatives, by a distinguished member of that body. These resolutions had a special reference to the refusal of England to enter into an equal commercial treaty with us, and aimed at countervailing her exclusive system. Other and more direct resolutions, bearing on England, were also proposed by other members, and referred to the inexecution of the treaty of peace, and to the recent captures of American vessels by English cruisers, in the American seas. The policy of these resolutions, in the actual circumstances of the times, was denied; were therefore strenuously op-ther, though ineffectual, attempts were made to posed, and the mission of Mr. Jay, as envoy extraordinary to England, suspended their further discussion. The French revolution had by this time become the object of universal attention. War had broken out between France and Eng-mercial articles of this treaty expired in 1803, land: The avowed policy of our own government to avoid war, and to adhere to a strict system of neutrality, was much questioned; and for a time it was matter of great uncertainty whether the country would support the neutrality recommended by the President. The universal dissatisfaction on account of the commercial system of England; the inexecution on her part of the articles of peace; the numerous captures, by orders of the English government, of our vessels, employed in a trade strictly neutral, combined with our friendly recollections of the services of France, and our good wishes in favor of the effort she professed to be making to establish a free constitution, constituted a crisis most difficult and important. It was in these circumstances, that President Washington nominated Mr. Jay as envoy to England. England seems never to have duly appreciated the true character and importance of this extraordinary measure. France well understood and resented it. Mr. Jay was received with civility, and concluded a treaty with England on the chief points of his instructions. When published, the treaty met with great opposition. The article respecting the West India trade, having been excluded by the Senate, on account of the inadmissible condition or proviso that was coupled with it;— with this exception, it was finally ratified by the President. no proposals having been made to renew them. A subsequent negotiation took place in 1806, and a treaty was made, but not ratified by the United States. The peace of Amiens was of short duration. Another war took place between France and England; no maritime treaty then existed between the United States and the latter; and the manner in which she exercised her power on the ocean; the great interruption of the navigation and trade of neutral nations; the numerous captures of their ships and cargoes under the retaliatory. decrees and orders of these two powers, with other vexatious occurrences, revived the former angry feelings towards England, and greatly contributed to the late war with that nation. This war was closed by the treaty of Ghent, not long after the conclusion of the general peace in Europe, and was followed by a meagre commercial convention, made at London, and limited, in its duration, to a few years only. Neither the spirit of the negotiation, nor the scope of the articles of this convention, afford any evidence that England is inclined to treat with this country on the only principle on which a commercial treaty with her can be desirable. Her decision on this point can hardly be doubted; as our latest communications inforin us, that her ancient system will not be changed; and in case we are dissatisfied with its operation, that England has no objection to our taking any Although the treaty did not come up to the such measures concerning the same, as we may expectation of all, yet, in addition to satisfac-deem expedient-an intimation that seems to tory arrangements concerning English debts, the unlawful capture and condemnation of our vessels, and the delivery of the posts, points of very great importance, it contained articles regulating the trade, navigation, and maritime rights of the two countries. No treaty which could at that time have been made with England, would, in the highly excited temper of the people, have satisfied the country. But, to those whose object it was to prevent the United States from taking part in the war be- And the expectation entertained, that a more tween France and England, and to prevail upon enlarged and equal treaty of commerce and them to adhere to a system of impartial neu-navigation, applicable, in its provisions, to peace trality; and who, moreover, believed, that the as well as war, would be substituted in place of put an end to further overtures on our part. The treaty concluded by Mr. Jay, in 1794, and the relaxation of the navigation and colonial laws, during the war between France and England, rendered the measure inexpedient during this period: * the present commercial convention, has hitherto | eries, and their settlement can, in no manner, suspended the interference of Congress. This be affected by the passing of this act. expectation, we fear, must be given up. England has apprised us of her determination to adhere to her ancient and exclusive system of trade and navigation, and the only alternative before us is, to submit to her regulation of our own navigation, or to interpose the authority of the constitution to counteract the same. There can be no hesitation in our choice. England is a great and illustrious nation, having attained to this pre-eminence by generous and successful efforts, in breaking down the civil and religious bondage of former ages. Her patriots, her scholars, and her statesmen have adorned her history, and offer models for the imitation of others. We are the powerful descendants of England, desiring perpetual friendship, and the uninterrupted interchange of kind offices, and reciprocal benefits with her. We have demonstrated, in circumstances the most critical, constant and persevering evidence of this disposition. We still desire the impartial adjustment of our mutual intercourse, and the establishment of some equitable regulations, by which our personal and maritime rights may be secure from arbitrary violation: A settlement that, instead of endless collision and dispute, may be productive of concord, good humor, and friendship: and, it depends on her whether such is to be the relation between us. If this bill becomes a law, it must be followed up by ulterior provisions, if requisite, to give it complete effect. Either the intercourse must be reciprocally beneficial, or a sound policy and a due regard to the highest interests of our country demand that it should not be suffered to exist. The bill before the Senate, is in nothing unfriendly towards England;—it is merely a commercial regulation, to which we are even invited; a measure strictly of self-defence, and intended to protect the legitimate resources of our own country from being any longer made use of, not as they should be, for our benefit, but to increase and strengthen the resources and power of a foreign nation. The time is propitious. Causes that formerly prevented the union of opinions in favor of this measure no longer exist; the old world is at peace, and every nation is busily employed in repairing the waste of war, by cultivating the arts, and extending the blessings of peace;-England has come out of the most portentous war that Europe has ever suffered, not only unbroken, but with increased power. Her agriculture, manufactures, and commerce were cherished; were without interruption, and increased, while those of neighboring nations were suspended, interrupted, or destroyed. Her colonies and dependent territories have been greatly enlarged, at the expense of her enemies; and regions, with which we and others once had trade and intercourse, having fallen under her power, are now closed against us. We have As regards the fisheries, those of the ocean, not within no other questions depending with her, except the territorial limits of any nation, are free to all men who those concerning impressment and the fish-have not renounced their rights: those on the coasts and * With the English laws of allegiance and impressment, we have no other concern, than to exempt our citizens from their application: we do not desire the service of her seamen, and she should be the last to seize our citizens and force them into her service. She disclaims this purpose; but, in her attempts to discover and impress her own seamen, persists in a practice, that, unavoidably, subjects ours to her violence. Whatever her rights may be, they should be so used, as not to injure ours. This is a precept of universal obligation-A regulation, however, may be devised, that if not perfect in every case, would be so generally correct, that, considering the difficulty of the subject, it ought to be satisfactory. bays of the provinces, conquered in America, from France, were acquired by the common sword, and mingled blood, of Americans and Englishmen:-members of the same empire, we, with them, had a common right to these fisheries; and, in the division of the empire, England confirmed our title without condition or limitation-a title equally irrevocable with those of our boundaries, or of our independence itself. -Littusque rogamus. Innocuum, et cunctis undamque, auramque patentem. |