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informed me that a minister would assuming the principles of inde be appointed, with powers and in- pendence, equality, and reciprocistructions sufficient for concluding ty, as the foundations of all our it at this place. Dr. Gual has in- negotiations, we discard all the formed Mr. Todd, that the views incentives and all the opportunities of the Colombian government have, for double dealing, overreaching, since undergone a change ; and al- and corrupt caballing. We shall though they have appointed Mr. ask nothing which the Colombian Salazar as envoy extraordinary and republic can have any interest to minister plenipotentiary to the Uni- deny. We shall offer nothing for ted States, and in March last he which she may be unwilling to yield was under instructions to proceed the fair equivalent. To the other forthwith upon his mission to this reason, however, the president country, they were, nevertheless, the more readily accedes, because exceedingly desirous that the treaty perceiving its full force, it gives should be negotiated there. him an opportunity of manifesting
The president deems it of no in action the friendly disposition material importance to the United of the United States towards the States whether the treaty shall be republic, and their readiness to negotiated at Washington or at promote by all proper means the Bogota : but the proposal having recognition of its independence by first been made for concluding it the great European powers. here, it was natural to inquire what In the negotiation of all comit was that produced the change in mercial treaties, there is undoubtthe wishes of the Colombian go. edly an advantage, at least of convernment with regard to the seat of venience, enjoyed by the party the negotiation. Dr. Gual inti- which treats at home; and this admated confidentially to Mr. Todd, vantage acquires greater importthat it had proceeded from two ance, when, as is now the case causes ; one, the desire to esta. with both parties, the treaty to beblish a precedent, which might come valid, must obtain the assent prevail upon the great European of legislative assemblies. This adgovernments to negotiate likewise vantage, in the ordinary course of with the republic at its own capi- things, accrues to the party to tal, and thereby hasten them to the whom the proposal of negotiation recognition of Colombian inde- is first made. Independent then of pendence ; and the other a jea- all questions of precedence, and lousy of their own negotiators in without resorting to the example Europe, who were apt to become of the first treaties negotiated by themselves entangled with Eu- the United States, both of which ropean intrigues, and to involve considerations have been mentionthe republic in unsuitable and per- ed by Mr. Todd to Dr. Gual, the plexing engagements. With re- United States might insist upon gard to the second of these causes, having the negotiation concluded whatever occasion may have been here, not only as the first proposal given to the distrust of their own of it was made to them, but beagents which it avows, it could cause the proposal itself was, that have no application to their trans- it should be concluded here. The action with the United States. By president, however, is well aware
of the stimulus which a treaty ne- amble was to the foundation of our gotiated, and even a negotiation commercial intercourse with the rest known to be in progress at Bogo- of mankind, what the declaration ta, will apply to the attention of of independence was to that of our European interests, and has no internal government. The two doubt that it will press them to the instruments were parts of one and recognition more powerfully than the same system, matured by long they have been urged by the exam- and anxious deliberation of the ple, or are likely to be by the ex- founders of this union in the ever hortations of the North American memorable congress of 1776 ; and government. You are according- as the declaration of independence ly furnished, by his direction, with was the fountain of all our muthe full power necessary for the nicipal institutions, the preamble to conclusion of the treaty.
the treaty with France laid the corDr. Gual informed Mr. Todd, ner stone for all our subsequent that the project of the treaty was transactions of intercourse with foalready prepared, and that a copy reign nations. Its principles should of it would be committed to Mr. be, therefore, deeply impressed upSalazar, with powers and instruc- on the mind of every statesman and tions authorizing him to conclude negotiator of this union, and the the negotiation if this government first four articles of the treaty with should insist upon its being com- France contain the practical expo-pleted here. The arrival of Mr. sition of those principles which may Salazar may be expected from day serve as models for insertion in the to day. In the mean time, we are projected treaty, or in any other yet unacquainted with the particu- that we may hereafter negotiate lar objects of commercial inter- with any of the rising republics of course which the Colombian go the south. vernment wishes to regulate with There is, indeed, a principle of us by treaty. The only object still more expansive liberality, which we shall have much at heart which may be assumed as the basis in the negotiation, will be the sanc. of commercial intercourse between tion, by solemn compact, of the nation and nation. It is that of broad and liberal principles of in- placing the foreigner, in regard to dependence, equal favors, and re- all objects of navigation and comciprocity. With this view I re- merce, upon a footing of equal facommend to your particular at- vor with a native citizen, and to tention the preamble, and first four that end, of abolishing all discrimiarticles of the first treaty of amity nating duties and charges whatsoand commerce between the United ever. This principle is altogether States and France, concluded on congenial to the spirit of our instithe 6th of February, 1778. The tutions, and the main obstacle to preamble is believed to be the first its adoption consists in this : that instance on the diplomatic records the fairness of its operation deof nations, upon which the true pends upon its being admitted uniprinciples of all fair commercial versally. For, while two marinegotiation between independent time and commercial nations should states were laid down and pro- bind themselves to it as a compact claimed to the world. That pre- operative only between them, a
third power might avail itself of its States and the British possessions own restrictive and discriminating in India was differently regulated regulations, to secure advantages by another article of the same conto its own people, at the expense vention, and that between the Uniof both the parties to the treaty. ted States and the British colonies The United States have neverthe- in America was expressly excepted less made considerable advances from the convention, leaving each in their proposals to other nations party to the exercise, in this respect, towards the general establishment of its own rights. This convention, of this most liberal of all principles originally limited to four years, was of commercial intercourse. afterwards, by the convention of
On the 3d of March, 1815, im- 20th October, 1818, (U. S. Laws, mediately after the conclusion of vol. 6, p. 607.) extended for the our late war with Great Britain, term of ten years from that time. an act of congress, (U. S. Laws, On the 4th of September, 1816, vol. 4. p. 824,) repealed so much (U. S. Laws, vol. 6, p. 642.) a of the discriminating duties of ton- treaty with Sweden and Norway nage and impost, as were imposed was concluded, and extended to on foreign vessels and merchan- the Swedish island of St. Bartholo dise, beyond the duties imposed on mew, in the West Indies; by the the same in our own vessels ; so second article of which, the same far as they respected the produce principle is established, of equal or manufacture of the nation to duties and charges, of tonnage, which the foreign vessel might be- impost, export, and prohibition, long. The repeal to take effect in upon vessels and their cargoes, befavor of any foreign nation, when- ing of the produce or manufacture ever the president of the United of the respective countries, whether States should be satisfied that the in vessels of the foreigner or the discriminating or countervailing du- native. The duration of this treaty ties of such foreign nation, so far is limited to the 25th of Septemas they operated to the disadvan- ber, 1826. tage of the United States, had been On the 20th of April, 1818, abolished.
(U. S. Laws, vol. 6, p. 344.) an On the 3d of July, 1815, (U. S. act of congress, repealed all disLaws, vol. 6, p. 603,) a conven- criminating duties of tonnage and tion was concluded with Great impost in favor of the vessels of Britain, by the second article of the Netherlands, and their cargoes, which, this principle was adopted being of the produce or manufacfor the commercial intercourse be- ture of the territories in Europe, of tween the United States and the the king of the Netherlands, or British territories in Europe ; so " such produce and manufactures far as related to duties and charges as can only be, or most usually are, of tonnage, impost, export, and first shipped from a port or place bounties upon articles of the pro- in the kingdom aforesaid.” Such duce or manufacture of the two repeal to take effect from the time countries, respectively. It was par- the government of the Netherlands tially admitted for drawbacks. But had abolished its discriminating duthe intercourse between the United ties upon the vessels of the United Bremen.
States, and on merchandise import- president's proclamation under the ed in them, being of the produce or act. manufacture of the United States. The proclamation with regard to
By an act of 3d March, 1819, in Norway, was founded on an act of addition to the above, (U.S. Laws, the government of that kingdom, vol. 6, p. 411.) it was extended in not extending, however, to Sweall its provisions and limitations, to den, abolishing all discriminating the vessels of Prussia, of the city duties whatsoever, in the Norweof Hamburg, and of the city of gian ports, between their own ves
sels, and vessels of the United This same act of 3d of March, States, and upon their cargoes, of 1819, limited its own duration, and whatsoever origin, and whencesothat of the act to which it was in ever coming. This is the consumaddition, and the act of 3d March, mation of the principle of treating 1815, itself, to the 1st of January, the foreigner, in respect to naviga1824.
tion and foreign commerce, upon The provisions of the 3d March, a footing of equal favor with the 1815, have been extended by pro- native. The government of Norclamations of the president of the way, in adopting this regulation, United States, as follows: required that it should be recipro
1818, 24th July, to the free and cally granted to Norwegian vesHanseatic city of Bremen. (U. S. sels and their cargoes in the ports Laws, vol. 6, p. 599.)
of the United States. This, how1st. August, to the free and ever, could be granted only by an Hanseatic city of Hamburg.-P. act of congress; and the procla600.
mation could only extend to them 1820, 4th May, the free and under the law, that to which they Hanseatic city of Lubeck.---p. 601. were already entitled by the treaty.
1821, 20th August, to the king. The subject was submitted to dom of Norway.-p. 602.
congress by a message from the 22d November, to the dukedom president, towards the close of the of Oldenburg.-p. 774.
first session of the 17th congress, You will observe that the acts of (1st May, 1822,) and the general 3d March, 1819, admitted the ves- policy of our cominercial system, sels of Hamburg and Bremen to with particular reference to the act advantages more extensive than of 3d March, 1815, and the subsethose offered by the act of 3d quent measures resulting from it, March, 1815, and which had alhad been reviewed in the message ready been secured to them, by of 5th December, 1821, at the the proclamations of 24th July, and commencement of the same ses1st August, 1818. The same en- sion. The principle offered by the largement of the favors offered by Norwegian government could not, the act of 3d March, 1815, is ex- however, then have been accepted, tended to the vessels of the Nether. without great disadvantage to the lands, and of Prussia. While Nor- United States. 'Our direct trade way has the double security, of the with the British colonies in Ameprinciple offered in the act of 3d rica, was interdicted by our own March, 1815, by the stipulation in and British laws. That with France the treaty with Sweden, and by the was under countervailing regula, tions of both parties, equivalent to them, the interests of our own interdiction. To have granted then country, to be affected by the re- · to Norwegian vessels, unrestricted strictive ordinances of others. An admission into our ports, upon the exception must be made with resame terms with our own, would gard to the ports of St. Augustine, in fact have granted them privile- and Pensacola, where, by the 15th ges which our own did not, and article of the late treaty with Spain, could not enjoy. Our own being special privileges are secured to under the operation of restrictions Spanish vessels, until the 22d of and prohibitions, ordained by Bri- May, 1833. tain and France, from which the Among the usual objects of neNorwegian vessels would have gotiation in treaties of commerce been exempt.
and navigation, are the liberty of Our direct trade with the British conscience and of religious worAmerican colonies has since been ship. Articles to this effect have opened, and that with France has been seldom admitted in Roman been restored; both, however, Catholic countries, and are even shackled with countervailing re- interdicted by the present constistrictions and regulations, burden- tution of Spain. The South Amesome to those by whom it may be rican republics have been too much carried on. As the act of con- under the influence of the same ingress of 3d March, 1815, and all tolerant spirit ; but the Colombian the regulations founded upon it, constitution is honorably distinwill expire on the 1st of January guished by exemption from it. next, the whole subject will again The 10th and 11th articles of our be before that body at their next treaty with Prussia, or articles to session, for revisal. In this state the like effect, may be proposed of things, it may be perhaps most for insertion in the projected treaty; prudent, in the commercial nego- and after setting the first example tiations with the republic of Colom- in South America, of a constitubia, to adhere to the principle of tion unsullied by prohibitions of equal favor to the most friendly religious liberty, Colombia will denation, leaving that of equal favor serve new honors in the veneration with the native, for future conside- of present and future ages, by giving ration and concert between the her positive sanction to the freedom parties.
of conscience, and by stipulating it To the same extent however, as in her first treaty with these United we are already bound by treaty States. It is, in truth, an essential with Great Britain, until October, part of the system of American in1828, and with Sweden, until Sep. dependence. Civil, political, comtember, 1826, you may safely pro- mercial, and religious liberty, are ceed, taking the second article of but various modifications, of one each of those compacts for a great principle, founded in the unmodel, and forming an article em- alienable rights of human nature, bracing the stipulations of both. and before the universal applicaThus far we may safely go with tion of which, the colonial domiany one, or more foreign nations, nation of Europe, over the Ameriwithout endangering, by the libe- can hemisphere, has fallen, and is rality of our engagements with crumbling into dust. Civil liberty