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which shall not extend to every in the treaties which have been other American nation. And, made with both those powers. secondly, that whatever may be im. Other of the American nations are ported from any foreign country believed to have a disposition to into any one American nation, or adopt it. The United Mexican exported from it, in its own vessels, Siates alone have opposed it, and may, in like manner, be imported in their negotiations with us have into or exported from the same nation brought forward the inadmissible in the vessels of every other Ameri. exception, from its operation, of can nation, the vessel, whether na. those American States which have tional or foreign, and the cargo, a Spanish origin, in whose behalf paying, in both instances, exactly Mexico insists upon being allowed the same duties and charges, and to grant commercial favours which no more.
she may refuse to the United The first of those two principles States. Of the view which we en. is so strongly recommended to all tertain of such an exception, you nations, by considerations of policy will be able to possess yourselves, as well as justice, that it will com. by perusing a despatch from this mand, at least in the abstract, the office to Mr. Poinsett, under date of assent of most, as soon as it is an. the 9th day of November, 1825, a nounced. Nations are equal, com. copy of which is herewith. He has mon members of an universal fa. been instructed to break off the nemily. Why should there be any gotiations, if, contrary to expecta. inequality between them, in their tion, the Mexican government commercial intercourse? Why should persist in the exception. should one grant favours to another, What renders it more extraordina. which it withholds from a third ? ry, is, that whilst they pretend that All such partial favours are liable to there has been something like such excite jealousies, and, in the end, an understanding between the new are counterbalanced or punished republics, no such exception was by the injured powers. The prin: insisted upon by either Colombia ciple now proposed does not pre. or the Central Republic. It was clude those particular arrange. not even mentioned during the late ments which are founded upon real negotiation here, which terminated and just equivalents, independent in the treaty with the latter power. of mere commercial reciprocity, by Whether it was adverted to or not, which certain advantages are in chat which was conducted by granted to a particular power ; but Mr. Anderson with Colombia, he it is wiser even to avoid these as will recollect. We can consent to much as possible. If the principle no such exception. You will re. be correct in its universal applica. sist it in every form if it be brought tion, it must be allowed to be par forward; and you will subscribe to ticularly adapted to the condition no treaty which shall admit it. We and circumstances of the Ameri. are not yet informed whether can powers. The United States Mexico has abandoned the excep. have had no difficulty in treating, tion, and concluded with Mr. Poinon that principle, with the Repub- sett a commercial treaty, or has lics of Colombia and Central Ame. persevered in it, and broken off the rica, and it is accordingly inserted negotiation. The basis of the most favoured nation, leaves the party, Its reciprocity is perfect; and, when who treats on it, free to prohibit it comes to be adopted by all na. what foreign produce and manufac. tions, we can scarcely see any thing tures he pleases, and to impose on beyond it, in the way of improve. such as may be admitted into his ment, to the freedom and interests ports any duties to which his policy of their mutual navigation. The or his interests may require. The devices of maritime nations have principle only enjoins impartiality, been various to augment their ma. as to ihe foreign powers to whom rine, at the expense of other pow. it is applied, and consequently that ers. When there has been a his prohibitions and his duties, passive acquiescence in the opera. whatever they may be, shall equal. tion of those devices, without any ly extend to the produce and ma resort to countervailing regulation, nufactures of all of them. If a na. their success has sometimes been tion has already contracted en. very great. But nations are now gagements with another power, by too enlightened to submit quietly which it has granted commercial to the selfish efforts of any one favours, inconvenient or injurious power to engross, by its own se. to itself, it may be contrary to its parate legislation, a dispropor. interests to extend these same fa. tionate share of navigation in their vours to other nations. But the mutual intercouse. Those efforts United States have made no such are now met by opposite efforts ; improvident concessions to any restriction begets restriction, un. particular foreign power, nor have til the discovery is at last made, any of the other American States, afier a long train, of vexations and as far as we know. The time and irritating acts and maneuvres, on the theatre, therefore, are propi. both sides, that the course of selfish tious for the adoption of a broad and legislation, ultimately, does not af. liberal commercial principle, which, fect the distribution of maritime by dispensing equal favour to all, power, whilst it is attended with deprives every one of any just cause the certain evil of putting nations of coinplaint.
into an ill humour with each other. 2. To the other leading princi. Experience at last teaches that, in ple which has been stated, that of every view, it is better to begin and allowing the importation into, or to continue in the career of libe. the exportion from, the ports of any rality, than in that of a narrow and American nation, in the vessel of restricted policy, since the most that every other, of all produce and can be said against the former, is, manufactures, the introduction or that it only conducts to the same exportation of which is admitted by end, without, however, the unplea. law, both the native and the foreign sant incidents to which the other vessel, and the cargo, paying the finally but inevitably leads. There same duties and charges, and no is a simplicity in the principle of other, the President attaches the reciprocal liberty of navigation, greatest importance. You will which confers on it a strong repress it, in your conferences, with commendation. It renders unneces. an earnestness and real propor- sary all difficult and vexatious scru. tionate to its high value, and to the tiny into the origin of the contents of liberality in which it is conceived. a mixed cargo. It dispenses with all
penalties and forfeitures denounced It may, perhaps, be objected, for what is often both an ignorant that the marine of the other Ameri. and innocent violation of custom can nations is yet in its infancy;that house law, in the introduction, ours has made great advances; and perhaps, of a single interdicted that they cannot be prepared for article of small value, which is this reciprocal liberty of navigation made, by arbitrary regulation, to until they have made some further taint the whole cargo of immense progress in establishing theirs. The value. It sets up a rule at once difference in the condition of the plain and intelligible. It refers the marine of the respective countries, foreigner, for what he may lawfully assumed in the supposed argument, do, to an observation of that which certainly exists. But how is it to be the native actually does. It opens remedied? By a system which every American port to every shall aim at engrossment, and which American vessel, on the same will, therefore, provoke retaliation ? equal terms, no matter in what dis. Or one which dealing, liberally by tant sea her enterprise may have others, will lead them to measure sought and earned the riches with out liberality in return? These al. which she is laden. This princi. ternatives have been already dis• ple of reciprocal freedom of navi- cussed ; and it has been shown that gation, like that of the most favour the first system is never successful, ed nation, leaves every state, which except from the forbearance of foadopts it, at liberty to impose such reign powers to countervaillit, which tonnage duties as its necessities or is not now to be expected in the policy may dictate. It only holds out present watchful state of the mari. that whatever may be imposed shall time world. If we are to await for extend alike to the national and the commencement of the equal and the foreign vessel, and also that the liberal system, until all nations shall cargo, whether of importation or have brought up their respective exportation, shall be charged with marines even and abreast, it may be the same duties, whoever may be considered as indefinitely, if not the proprietor, or in whatever ves. forever, postponed. If the new sel it may be laden. Perhaps it States would build up for themselves may be proposed to agree to the powerful marines, they must seek for imposition of precisely the same their elements not in a narrow and rate of duties, on vessel and cargo, contracted legislation, neutralized in all the ports of the American by the counteracting legislation of nations. But that would be inadmis. other nations, but in the abundance sible. It would subject each state and excellence of their materials for to inconvenient restrictions on its ship-building, in the skill of their power of taxation, instead of leav. artisans and the cheapness of their ing it free, as is best for each, to manufacture, in the number of their consult the circumstances of its seamen, and their hardy and enter. own peculiar position, its habits, its prising character, formed by expo. constitution of government, and the sure in every branch of sea faring most fitting sources of revenue for life, by adventures on every ocean, itself. As to the foreigner, he has and invigorated by a liberal, cheer. no pretext to complaint when the - ful, and fearless, competition with same measure is applied to him and foreign powers. the native.
Both of the principles which I have been discussing are provided for its greatest latitude, it will, of course though somewhat more in detail, in sustain it in this more restricted the second, third, fourth, and fifth operation. To which may be added, articles of the before mentioned as a strong consideration in favour of Treaty with the Federation of the its embracing, at least the American Centre of America. They may States, that there is great similarity serve as models for those which you in the produce of various parts of are now authorized to propose ; and them, and, consequently, a great you will consider yourselves em. difficulty in tracing articles, having powered to agree to articles similar a common character, and striking with all the others of that treaty, a resemblance, to the countries of copy of which accompanies this their respective origin, and subject. letter.
ing them to different rates of duty, It is possible that you may not as they happen to be imported in find the Ministers of the other Ame different vessels, or blended toge. rican States prepared to agree to the ther in the same vessel. second principle ; that they may be If you find the principle still ob. unwilling to subscribe to it in the jected to with that modification, extent now proposed; they may not you will lastly propose it with the be ready to allow, at the same rate of still greater restriction of only fur. duties, a reciprocal liberty of export. wishing the rule which shall be obation and importation, without re served between any two of the striction as to the place of origin of American nations who may agree the cargo, the ownership, or desti. to it, in regard to their mutual na. nation of the vessel. You will not vigation, when employed in trans. abandon the effort to establish that porting their respective produce and principle, in its widest scope, until manufactures. Under this form, it you have exhausted every means of is proposed by the United States, argument and persuasion, and be. on the 3d March, 1815, (see 4th vol. come perfectly satisfied that its of the Laws, page 824) to all na. adoption is wholly impracticable. If tions. On the 3d of July, of the you find their opposition to it un. same year, it was engrafted on the yielding, you will then propose a Convention with Great Britain, (seo modification of the principle, so as 6th vol. of the Laws, page 603.) to make it, at least, comprehend the Subsequently, it was applied to the productions and manufactures of all Netherlands, the Imperial Hansea. the American nations, including the tic Cities of Hamburg, Lubec, and West India Islands. When so li. Bremen, the Dukedom of Oldenmited, it will still have great practi. burg, Norway, Sardinia, and Russia, cal benefit ; all vessels of the seve. [see acts Isi Session, 18th Congress ral American Powers will enjoy page 4.] It was also embraced in under it a reciprocal liberty of ex.' our Treaty with Sweden, of 1816, portation and importation of what. (see 6th vol. of the Laws, page 642,] ever of American productions and and has recently been agreed to by manufactures, comprehending the Colombia. In the event of a conproduce of the sea, is allowed, by the currence in the principle, in this separate laws of each, at the same more limited import, the first, sestandard of duties for the vessel and cond, and third articles of the before. her cargo. Ifthe reasoning be cor- mentioned Convention with Great rect, in support of the principle in Britain, will furnish models which
may be followed in the draft of those there was no American State to to which you are authorized to oppose, or whose rights coald be agree. These three articles em. affected by, the establishment of brace other subjects beside that new colonies. But now the case principle, but they are such as to is entirely altered; from the northhave either a direct connexion with eastera limits of the United States, it, or are necessary to give full and in North America, to Cape Horn, complete effect to it. In describing in South America, on the Atlantic the territories of the new American Ocean, with one or two inconside. States with which we are to maintain rable exceptions ; and from the hereafter a commercial intercourse, same cape to the fifty-first degree you will see the propriety of em. of north latitude, in North America, ploying, in any treaty which you on the Pacific Ocean, without any may conclude, such terms as may exception, the whole coasts and embrace whatever territories, insil. countries belong to sovereign resi. lar or continental, may appertain to dent American Powers. There is, cach, upon the termination of the therefore, no chasm within the de. present war. During its future scribed limits in which a new Eu. progress, possession may be won or ropean colony could be now introlost, which, as the case may be, duced, without violating the terri. should be comprehended or exclu. torial rights of some American ded by those terms.
State. An attempt to establish such In December, 1823, the then a colony, and by its establishment President of the United States, in to acquire sovereign rights for any his annual Message, upon the open. European power, must be regarded ing of Congress, announced, as the as an inadmissible encroachment. principle applicable to this Conti. If any portion of the people of Eu. nent, what ought hereafter to be rope, driven by oppression from insisted upon, that no European na. their native country, or actuated by tion ought to be allowed to plant the desire of improving the condi. upon it new colonies. It was not tion of themselves or their posterity, proposed, by that principle, to dis. wish to migrate to America, it will turb pre-existing European Colo. no doubt be the policy of all the nies already established in Ameri- new States, as it ever has been ours, ca ; the principle looked forward, to afford thein an asylum, and, by not backward. Several of the new naturalization, to extend to such of American States have given inti. them as are worthy, the same poli. mation of their concurrence in the tical privileges which are enjoyed principle ; and it is believed that it by the native citizen. But this must command the assent of the im. faculty of emigration cannot be al. partial world.
lowed to draw after it the right of Whilst America was, compara. the European State, of which such tively, a boundless waste, and an emigrants shall have been natives, almost unpeopled desert, claimed, to acquire sovereign powers in and probably first settled with civi. America. The rule is good by lized men, by the European Powers which one, in judging of another's who discovered it, if they could conduct, or pretensions, is advised agree among themselves as to the to reverse positions. What would limits of their respective territories, Europe think of an American at