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acting on a Report of Jefferson, the fifteenth of December previous, announced to Congress the opinion, that Great Britain entertained no disposition to enter into commercial relations with this country, the Secretary of the Treasury submitted a return of its exports, showing, that, while France and her possessions received a fifth, to Great Britain and her American dependencies, nearly one half of the whole amount of those exports proceeded.

Having informed himself accurately of the commercial policy of the different nations with whom the United States had intercourse, he combated in the cabinet the opinions advanced by the Secretary of State, and sought to impress upon the President, and upon the Legislature, those, which he conceived, the actual state of their commercial relations, and the real interest of this nation, warranted and demanded.

To gain time, and to mature the opening convictions of the intelligent, were the objects of his assiduous efforts.

But nations, when they reason, too often reason to justify their passions. How strong the hostility of the American people towards Great Britain was, has been shown in the past sketch of the history of the Confederation.

To the contest of arms a contest of commercial restrictions had succeeded. Thus time had not softened the asperities which grow out of a state of war; and the National Government commenced its career with the multiplied difficulties of reconciling the different States of the Union to each other, and of reconciling, with the maintenance of commercial independence, the preservation and extension of its commerce.

Indeed, the Federal Constitution was, by some, alleged to owe its existence to the restrictions of Great Britain; and, under such a narrow view, it was claimed, that this

Government entered upon the performance of its great offices, pledged to wage a commercial warfare with that nation.*

England also had her pride and her prejudices. She had been defeated-defeated after a long, an arduous, an unexpected resistance. She had been defeated on grounds, involving her character as the mistress of an extensive Empire. She had been defeated in a question as to which the opinion of the world was against her, and thus lost much of her political and moral force. But the most galling of all the circumstances of the contest was, she had been defeated in a civil war by the instrumentality of a hated rival. She had descended, in a few years, from the most commanding position she ever held, and saw that rival taking her place.

The contest also had given birth to a constellation of Republics, attracting the hopes of mankind to a system differing from her own, and thus endangering, perhaps at a remote period, her ancient institutions. The conflict had engaged the prejudices of her people. Its result may have inspired a deeper feeling in the breasts of her sagacious Statesmen. Hence it was supposed, that they would see with reluctance, the particular States consolidated into one great energetic Republic.

How far such views may have operated, is a speculative question. It is the office of history to relate and to review facts; and upon such a review, a conclusion is here arrived at, contrary to the prevailing opinion of this country. It is, that the causes which induced Great Britain to pause before she adopted a definite commercial

* Referring to the complaints as to her commercial system, Madison remarked, "The Federal Constitution originated in those complaints, and had been established with the known view of redressing them." "Political Observations," by Madison.

policy towards the United States, were such as not necessarily to imply any hostility in her counsels.

Before the definitive Treaty of Peace was concluded, her cabinet had intimated, through Hartley, a desire to form a commercial treaty, on principles of perfect reciprocity; but, as has been seen, the powers previously intrusted to Adams, were then suddenly revoked at the instance of Madison, and a proposal to renew them was rejected.

A procedure of so decided a character produced its natural impression on the British Government. The navigating interest seized the opportunity, and, as has been related, temporary regulations of intercourse with this country, favorable to that interest, were adopted, waiting until more temperate councils should prevail in America.

To meet the restrictions of England by countervailing regulations, the recommendation was made by Congress to the States, to vest in them for a limited time, power to prohibit trade with countries not in treaty. The recommendation is seen to have failed.

If, during this period, seeing that she had the American commerce at her command, no disposition had been felt by her to treat with a confederacy which had not fulfilled, and was unable to fulfil its treaties-this should not be ascribed to hostility.

Recent occurrences justified her distrust of the temper of this country. Although the Congress of the Confederation had, in April, seventeen hundred and eighty-seven, addressed a circular letter to all the States, in order to relieve the pride of those which had violated the treaty of peace-recommending a repeal in general terms of all laws repugnant to it; although the Federal Constitution had been proposed for adoption in the following September, which declared that all treaties "shall be the supreme VOL. IV.-36

law," yet, before the lapse of three months, Virginia en acted a law, in form, repealing all acts which prevented the collection of debts in violation of the treaty; but, subject to a proviso, that this repeal be suspended until the Governor and Council of that State should declare, that Great Britain had delivered up the posts, and made compensation for the deportation of the negroes.

The acts she proposed to repeal were in violation of the Treaty and of the articles of the Confederation; yet, this then important State, at the moment when the Constitution was submitted to the people for its ratification, gave new force to her unwise legislation; and submitted, by a positive enactment, the decision of the question, whether the Treaty had been fulfilled, not to the Congress of the United States, but to her own Executive authorities. This enactment was still in force.

The adoption by the House of Representatives of Madison's discriminating duties in favor of "nations in treaty" was in conformity with the policy of Virginia, and was an exhibition to Great Britain of the ascendency of the policy of that State in one branch of the National Councils.

Under these circumstances, the course pursued by England was such as prudence would dictate. She referred the inquiry to her Privy Council as to the state of the commerce and navigation, the provisions of the Constitution, the character of the jurisprudence of this country, its treaties, and its recent revenue acts.

Instructions were given by the Duke of Leeds, then Secretary of Foreign Affairs, to the British Consul General, Sir John Temple, stating the heads of inquiry; which were communicated to Jay, then Secretary of Foreign Affairs, and by him were submitted to the President. This inquiry embraced the trade; tonnage duties; port

charges; import duties; number of vessels built and where; staple commodities; manufactures; emigrations; population and judicial system of the United States.

A full report, drawn by Lord Hawkesbury, was made on all these heads. It showed the decrease of tonnage in the direct trade with the United States, and in that with her West India Colonies-also the decrease of exports and imports in the same direct trade, the compensating increase of imports by her West Indies, and a large decrease in their exports.

The discrimination of tonnage duties made by the United States in favor of their own bottoms was stated; but it was admitted not to be a ground of complaint, as the United States were an independent nation. It proposed, that the alien duties be mutual, or mutually abolished. As to "commerce," it advised, that the present system ought not to be disturbed; but that, as to any proposition as to a freer participation in the West India trade, the answer must be, that "the demand cannot be admitted as a subject of negotiation." As to "maritime regulations," they should be the same as in other treaties, but none to be assented to by which "the United States could protect enemies' property during war." Retaliation as to American discriminations, he advised, ought not to be resorted to before a negotiation should be attempted "to produce a fair and equitable plan of accommodation, and a liberal system of commerce and navigation, founded on reciprocal advantages."

An inquiry so extensive required time. Distrustful of the impressions which Morris might give to his Government, and to prevent dissatisfaction with the delay, soon after this Report was made, Pitt instructed General Maunsell to deliver a message to the Secretary of the Treasury, the office of Secretary of State not having

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