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Another grievance expressed by the American Government, is based upon the assertion, that "a duty exceeding 50 per cent. is levied in France upon the primitive materials coming from the United States."

It is easy to show how erroneous is this calculation. In 1838, France exported to the United States about 16,000,000 of francs' worth of natural products, and about 104,000,000 of manufactured articles, amounting in all to 120,

It may be objected that the advantages which these tabular results seem to show in favor of France are still increased by the nature of the exchanged products, since those sent to France consist mostly of primitive materials, while France sends in return a large quantity of manufactured articles.— But it is important to notice, according to the above table, that this last circumstance has largely contributed to insure to the American exportation its almost constant and regular increase since 20 years; that the only decrease in this ex-000,000. portation was in 1831; that, in 1837, it was 33 per cent. larger than the French exportation; and that, from 1825 to 1838, it increased from 41 millions to 101-increase equal to 146 per cent.

During that time the French export has been submitted to the most abrupt variations, as well in increase as in decrease: from 1832 to 1833 it went from 58 millions up to 107, to fall down again, in 1857, from 153 millions to 58. The 158 millions to which it amounted in 1836, and the 120 in 1838, but particularly the first, may be considered as unusual, being in a great degree the result of the extraordinary impulse given to the commercial intercourse with Europe by the establishment of local banks in the different States of the Union, and the facility they afforded to commerce to get rid of their own paper. And this impulse may be considered as the source of all the losses sustained by French commerce in the liquidation of this unusual exportation. And at the present time, as in 1837, the re-action of this system, again felt in the United States, will create, and has already created, a notable reduction in their importations from France for 1839 and 1840. Notwithstanding these observations, if we take as a regular term of comparison the amount of French export for 1838, we see that, since 1825 to the present moment, it has only been increased from 94 millions to 120, that is, 28 per cent.

Moreover, the French exportation is diminishing, while that from America is in progress, and, though the difference in favor of France be still 15.8 per cent., the United States have in fact derived more profit than the French.

But it is important to mention one fact showing that the difference in favor of French exportation is far from being a disadvantage to the United States: it is, that most of the products shipped from France for the different ports of the Union, cannot be considered as forming part of the American imports from France.

Indeed, if we take the amount of the exportation of 1838, though a better one might be used to strengthen this argument, we would find that the consumption of French products, amounting to 120,000,000 francs, for a population of twelve millions of souls, would make the annual consumption of articles of French industry or production, by each inhabitant, equal to 12 francs, while the whole of the French exportation to Europe, which amounts to 293,000,000 of francs for a population of two hundred and thirteen millions of souls, makes the consumption of the same products by each inhabitant equal to only 1 franc 50 centimes.

The relative wealth of the American consumer does not afford a sufficient explanation of this very great difference. A sufficient reason for it cannot be found, either, in the state of American industry, which, in fact, is very far from standing out of competition with that of Europe; its annual production having been valued at no less than $300,000,000. To account, then, for this enormous difference, it is necessary to admit, not only (what is otherwise ascertained) that part of the French products are merely deposited in the United States to be re-shipped for other countries of the same hemisphere, such as Mexico, Colombia, Central America, Venezuela, Equator, New Grenada, &c. &c., but, moreover, that it is done for a large amount. The Americans, in furnishing out of their own imports these nations, who possess but little or no marine, with an important part of the products of France, have, besides the profit of navigation, all the benefit of the commerce, of deposit, and of transit, and even the gain on commercial speculation. This state of things is very unfavorable to France, and annihilates the advantage expected by her as a consequence of her treaties of commerce and navigation with the new States of South Ame

rica.

The following list gives the principal articles, classed according to their importance:

French exports to the United States.

....

Silk goods... .51,672,428
Woollen goods.....16,478,948

Colton

Linen

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Wines, spirits, &c...
Worked kids and gloves.

Vitrification....

Hosiery..
Millinery
Fruits

...

.....

Francs.

9,430,278
6,001,431

83,583,085

.10,496,000

6,165,000

3,232,000

2,211,000

1,751,000

1,220,000

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The duties paid on the whole importation amounting to 101,000,000 of francs, excepting a few more articles of no importance, were 9,817,275 francs.

So that the duties imposed by the French tariff' upon American products, which are said to exceed fifty per cent., are in fact, according to the same tariff, less than 10 per cent.And if the same calculation be applied to American cotton alone, it will be found that the duties paid upon it, amounting to the sum of 8,714,288 francs are not more than 11 per cent. of its value.

It is said also "that the products of America are generally submitted in France to an over-tax of 33 per cent compared with the products of other countries, and that, while American commerce is thus treated by France so much more unfavorably than that of other nations, France is favored in the United States by a discriminating duty of 10 per cent. imposed upon articles coming in competition with the products of French industry."

Far from there being even the slightest appearance of discrimination in the duties laid by the French tariff, with a view to give to the products of any nation the preference over those of America, the French legislation is, on the contrary, very favorable to the importation from that country.

For example: The rice from Carolina is charged with a smaller duty than the rice of any other country, even that of Piedmont, which (although for many reasons it might be favored) pays a duty of 6 francs, when the first only pays one of 2 francs and a half.

The duty on American cotton has been brought down to 20 francs for a hundred kilogrammes, without distinction of quality, while cotton from other countries remains submitted to duties of 25 and 30 francs.

American pot-ashes pay 15 francs, and those from Russia 18.

No distinction is made between the flour, the timber, the dye-wood coming from any ports of Europe, and those im

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But these articles being almost all that constitutes the direct exportation from the United States to France, it is easy to judge whether the French tariff deserves or not all the accusations charged against it. It is sufficient to add, that all the difference of duties which was established by it in favor of French navigation has now turned, since the convention of 1822, to the benefit of the American flag.

As to the objection representing the discriminating duty of 10 per cent. levied in the United States on Chinese silks, as being especially established in favor of French industry, and as relating to a certain number of other foreign products brought in competition with those of France to the American market, it is proper to state, that this duty only weighs upon one article- the silks imported into the United States from countries beyond the Cape of Good Hope; that it cannot be said to be favorable to France alone, as it is also profitable to the exportation of silks from all parts of Europe without distinction; that it has been established less with a view of an European or a French interest, than for the protection of certain cotton articles manufactured in the United States, and which could not, without this duty, support the competition with common Chinese silks.

Therefore, the advantage, which France whose legislation of customs is so favorable to the direct importation from America, may find on the American market, are but the result of measures taken without regard to her sole interest, however useful they may prove to her; or the price of concessions at least equivalent. Among these may be especially classed the advantage accorded to French wines by the treaty of the 4th of July, 1831, for it has been bought with the renunciation (stipulated in that treaty) to the French claims relating to the 8th article of the treaty of the 30th of April, 1803, for the cession of Louisiana.* And by the promise since realized, to bring down the duty upon long staple cotton to equal that paid upon the other kind of cotton directly imported on French or on American vessels.

This favor, even notwithstanding the price doubly paid for it by France, has become more nominal than effective in consequence of certain measures since adopted by the Federal Government.

Among the special grievances expressed by the United States against France, we have already mentioned those against the duties levied on cotton, rice, linseed, tea, indigo,

and tobacco.

It is easy to reduce these recriminations to their proper

value.

Cotton. The difference of 5 francs in the duties, which is complained of by the Federal Government, is but a just compensation for the greater value of American cotton, compared with that of Turkey and Egypt; this difference has not at all been established with a view to protect one kind more than the other, and the results show it.

Though submitted to higher duties, (the difference being formerly of 25 francs,) the importation of American cotton has increased in fifteen years (1818 to 1832) from 7,659,400 kilogrammes to 27,383,000; and since the royal ordinance of the 16th of June, 1832, has reduced the difference to 5 francs, the amount of the American cotton importation has

* This article insured to French shipping all the advantages given to the most favored nation in all the ports of the Territory given up.

increased in six years 15,396,000 kilogrammes; that is, of more than one-third, having gone up in 1858 to 43,780,000 kilogrammes, while from 1825 to 1838 the importation of Egyptian cotton went down from 7,665,000 to 2,362,178 kilogrammes.

But a most important fact to notice is, that the difference of duties in favor of Egyptian cotton exists only when brought in French ships; and of this the Federal Government has no right to complain, when the equality of duties stipulated in the convention of 1822 bears exclusively on the importation, under both flags, of international products. As to the duties levied on Egyptian cotton when imported in vessels of other nations, even of Egypt itself, they are established in such a way as to constitute a premium of five francs in favor of the same product from America when brought in American ships.

It must be said, also, that certain circumstances-some permanent, some temporary-such as, on one part, the competition created by American planters against each other, the progress of cultivation, and, according to General Cass, the progressive diminution of prices which must be the consequence of it; and, on the other, the unusual state of Egypt, and the want of extension in the cultivation of that country, paralyzed, as it is, by a monopoly leaving no hope for a decrease in the prices to be equivalent to that which must take place in America-all these circumstances must necessarily insure to the United States the largest share in the supply of cotton for the French market. The truth of this is fully ascertained by the following results:

The proportion of American cotton used in the French consumption is estimated at about....

That from the East at .....

And that from other countries, including places of deposit, at.

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87. 10.

3.

100

This shows how little the Americans have to complain of the competition from Egyptian cotton, and how little reason there should be to take away the entirely nominal advantage which is left to this cotton, since (to realize the promise made in the treaty of 1831) the duty levied on American cotton has been reduced from 40 to 20 francs.

Rice. As regards this article, the American complaints are really incomprehensible-the tariff being altogether favorable to the American produce. Rice coming from the ports were first shipped pays— Francs.

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Centimes.

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This renders it evident that the Carolina rice is greatly

protected, if compared with the rice from other countries, even when brought on French vessels.

in

the commerce of France with the United States; moreLinseed. This article has never been of any importance over, the duty of 5 francs formerly levied on this produce, no matter what country it came from, (excepting, however, a small quantity brought from Russia for seed, which was slightly favored,) has been reduced by the law of the 2d of July, 1836, to 1 franc when imported on French or American vessels, and to 1 franc and a half when brought on all other foreign ships, from any country without distinction.

Tea and Indigo.-These articles are also of little consequence in the commerce of the two countries. In 1838, the quantity of tea brought to France from the United States was but 1,000 kilogrammes, the whole value being less than 20 thousand francs. Of indigo, the importation does not exceed 6 or 7 hundred kilogrammes a year.

Tobacco. The complaints addressed by the United States against the monopoly exercised by the French Administration, touch directly the right possessed by all nations

1841.]

COMMERCE AND NAVIGATION WITH FRANCE.

of regulating as they choose the elements of their internal rcvenue. If such pretensions were admitted upon one point, there would be no means, no reason, to repel them on any other; to-day the subject is the monopoly of tobacco, to morrow it would be municipal taxes, &c., and the interna! economy of France, as well as all means calculated to act directly on the conditions and regulations of exotic products, would become the basis or the pretext of constant and endless aggressions.

In principle, these complaints must be expressly declined. But, even laying aside this peremptory consideration, the complaint of American planters cannot sustain discussion. The duty imposed upon foreign tobacco by the monopoly being after all, in whatever form it may be levied, but a duty of consumption, the legitimacy of which is acknowledged, what remains to be examined is, how far it restrains the consumption of foreign products, in the interest of which it is incriminated.

The nature of the tobacco manufactured by the "Regie" being intended for different classes of consumers, the inferior qualities are composed of the indigenous product, while all the superior qualities are manufactured with the mixture of American tobacco. The increase of prices created by the duties has no restricting action on the habits of rich consumers, for whom the tobacco from the United States is particularly designed. There is, then, in fact, no loss; for these qualities constitute almost all the American product imported. As to the inferior quality which is produced in the United States as well as in France, it would be difficult to conceive how the Americans could claim from France a protection for their interest, when that same protection would oblige France to the sacrifice of her own interest at home. A proof that there is no loss for the United States is, that the consumption of their tobacco, which forms the fourfifths of the whole of the French imports of foreign tobacco, is in progress; the amount of the importation of 1837, which was the largest one, having been exceeded by that of 1838, as will be seen in the following table, which gives the import in France of foreign tobacco, as well from the United States as from other countries, from 1828 to 1838:

Years.

From the United States.

Kilogrammes.

952,851

1828

1829

1,000,421

1830

4,645,288

1831

270,162

1832

2,053,936

1833

4,498,224

1834

2,792,180

1835

2,227,965

1836

2,747,819

1837

4,828,222

1838

5,290,750

From other countries.
Kilogrammes.
87,232
340,703
184,668
1,086
2,389
34,394

France, which can be estimated in advance, increase every
year in an obvious proportion, with the exception of a slight
variation, which is in no way a consequence of the monopo
ly. But still we can show that the monopoly, far from re-
straining the sale of American tobacco in the French con
sumption, is, on the contrary, favorable to it. If we suppose
for one moment that this monopoly be abandoned, it must
be compensated by the creation of new custom-house duties,
causing the tobacco to be placed on an equal footing with all
other foreign articles of consumption, and consequently sub-
mitting the supply to all the chances of commercial competi-
tion. Tobacco would then be like tea, pepper, cinnamon,
indigo &c. The American planter would find on the French
market numerous competitors opposing his prices and con-
ditions, instead of the present constant and regular issue
offered to him by the enlightened preference given to him by
the administration. Moreover, the extinction of the mono-
poly would enable the French planter to produce indigen-
ous tobacco, diminishing so much of the consumption of
foreign product. In all conscience, can the American plant-
er wish for such a change?

Finally, a last complaint is made by the Government of the United States, relating to the navigation between the two countries.

64

Its substance may me expressed in the following words: In regard to the navigation, the tonnage duty of 5 francs, viz. 94 cents, established by the convention of 1822, upon the United States vessels in France, and upon French vessels in the United States, throws into the hands of third nations, all the benefit of the transportation between the two countries, because the flags of those nations paying but 4 francs 12 centimes, consequently derive a profit of 88 centimes, and enjoy in the United States the advantage of a free entry."

To answer this complaint, it will be sufficient to designate the consequences of the convention of the 24th of June, 1822, the stipulations of which, regulate the relations of navigation between France and the United States. But, for a better appreciation of the effects of the convention on navigation, it may be useful to glance over the effects produced, in this respect, by the different regulations at previous times.

Three distinct periods have preceded the one regulated by the convention of 1822.

The first period, during which the French flag paid an over-tax in America, while the United States flag paid none in France, was that which preceded the law of the 28th of April, 1816. If, during that period, the United States enjoyed alone the profit of the transportation between the two countries, it was owing not only to the regulations then established on both sides, but especially to the state of war and 129,518 the laws of blockade. Therefore, no comparison can be based

333,989

337,799 1,135,815 1,229,819 It is said that the American tobacco does not find under the French legislation sufficient conditions of equality for its sale. It is hardly necessary to answer this assertion otherwise than by noticing that the agents of the French Administration, coming on the American market with the buyers from all countries, pay the same prices as the others, and necessarily contribute to maintain these prices by their competition, especially when it is known that the wants of

To illustrate that fact, we have ascertained that the consumption of American tobacco was far from attaining in France, at the time when that branch of commerce was free, the amount to which it has now reached. During the period from 1806 to 1810, under the free "Regime," the average quantity introduced every year was but 2,742,029 kilogrammes, while that average, from 1826 to 1835, went up to 3,242,883 kilogrammes, and that, in the ten years between 1830 and 1840, it reached 6,249,627 kilogrammes. It must be remarked, besides, that the free "Regime" existed during the French empire, when France had a much more extended territory, and a population much larger than at the present time.

VOL. V.-14

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upon the period of the French empire; and the Americans were wrong to consider then, as an acquired right, the exclusive advantage of transportation, when they possessed it only in fact and as a neutral power. As for the 2 years, 1814 and 1815, the French commercial marine was not yet organized; they cannot, then, be taken as a term of comparison.

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The third period was that of the reprisals, by which France was obliged to answer the aggressions of the United States, (the last 5 months of 1820, the year 1821, and the first 9 months of 1822.) The year 1821 is the only one offering complete results. During that year the share of France was a little more than one-seventh, that of the United States a little less than two-sevenths, the remnant to the other flags. During the period regulated by the convention of 1822, France obtained the first year (1823) but a little less than 1-20. But the event of a war with Spain must have had an influence on this result. The year 1824, free from it, shows a slight increase.

The second period, that which immediately followed the law of the 28th of April, 1816, is the only one that can be taken as a starting point, for with it began a more regular order of things. It established, in principle, a difference of duties in favor of the French flag for the importation of foreign merchandise, not including, however, in this system, the French exports proper. Under that "regime" of discriminating duties, the share of France in the transportation The following table shows the relative shares of both increased yearly. This share, which was nothing previous countries and that of the other flags, in tonnage, between to that period, amounted at the end of 1817, to one-sixth | France and the United States, from 1825 to 1838:

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So that, in a tonnage, which in 1838 is nearly three times what it was in 1816, having increased from 86,842 tons to 232,136, the proportion which can be considered as the usual share allowed to France by the convention of 1822, is but 12 to 13 per cent., that is about of the whole transportation; the remnant belonging almost entirely to the United States.

This convention has, therefore, made the situation of the French flag worse than it was under the influence of the law of 1816, and even worse than in the time of the reprisals, though the object of this convention was as it was said in its preamble, to regulate the relations of commerce and navigation of the two nations, in a manner RECIPROCALLY advantageous and satisfactory. But this is the more worthy of consideration, because the sacrifices imposed by this treaty to French navigation did not find any compensation, that could be taken in account, in the condition made to French products, since this condition was not a consequence of the stipulations of 1822, and was only, as it has been proved before, the price of subsequent concessions, at least equal to, or merely the result of, general measures taken without regard to French interests.

Yet there is another element of the question of navigation which it is important not to neglect, in order to get a just estimate of the loss sustained by France in this respect; it is the nature of the products entering in the mutual commerce, and the share that seems to be assigned from the bulk of these products to each party in the respective navigation, notwithstanding the reciprocity which is the aim of the convention.

The Federal Government pretended that the tonnage required for the transportation of American products to France was four times greater than the tonnage required for the transportation to America of an equal value of French goods, even including wine and brandy.

The French Administration, convinced that this estimate could not be correct, and wishing to know exactly the real difference existing in this respect between the products of both countries, ascertained from numerous and decisive sources of information that the difference in favor of American products was in the proportion of 2 to 14.

In this supposition, the relative incumbrance resulting

from the bulk of the French products requiring but a little less than a third of the tonnage, viz: about 31.3 per cent., the share of France in the transportation should not exceed the equivalent.

Therefore, even leaving the discussion on the ground adopted by the Federal Government, the heaviness of the losses sustained by the French navy would still be unquestionable; for the share of France in the general movement of transportation being but from 12 to 13 per cent., there would be still for her a constant loss of from 18 to 19 per cent. on an equal value of exchanged products. To this loss should also be added the portion of tonnage that ought to be secured to France for the surplus of value of her exports over her imports.

From this we can judge of the spirit of inaccuracy which characterizes the grievances before mentioned, and the carelessness brought in the examination of the facts by which they are supported. But another thing, quite as strange as the complaints addressed to France, is the motive given to them, when based upon an alleged encroachment on the transportation by the flags of other nations, whose share in this transportation has not out-reached, (as shown in the above table,) since fifteen years, the insignificant limit of two per cent. Moreover, the cause assigned to this encroachment is no more correct than the assertion itself, and, in this respect, it is equally erroneous to suppose that the American vessels pay 88 centimes more in France than the vessels of other nations, (English excepted,) for, to the 4 francs 12 centimes of ordinary tonnage duties paid by other nations, must be added all the expenses for expedition, permits, passports, and pilots, &c., which exceed for foreign ships the sum required from French or American vessels, as both enjoy the same privileges.

If we recapitulate the several results which we have just had occasion to state, they bring us to the conclusion which we have yet to offer.

1st. As for commerce.-Ďuring the last twelve years from 1827 to 1838, the general movement of merchandise between the United States and France has been equal to 1,946 millions of franes, that is an annual average of 162 millions.

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serted with truth and without exaggeration, is, that as regards the exchanges, there is no loss on the part of the United States.

But this difference of 290 millions, an annual mean of 24 millions, say 14 per cent., does not constitute a disadvantage for the United States; for, as before stated, a large amount of French products are brought to the United States to be re-shipped for other countries of both Americas. And 28. As for navigation.-During the same 12 years the this amount, which is at least sufficient to destroy the balance aggregate tonnage between France and the United States against the United States, is a certain source for them of (coming in and going out united) has amounted to 2,161,very important profits. Therefore, a fact, which can be as-000 tons, giving an annual mean of 180,000 tons.

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If we value in the above proportion the difference existing in the capacity of the respective products, the share of France, in the general tonnage, ought to amount, for an equal value of products, to a little more than one-third, that is, about.... 31.3 per cent.

But the French products, having exceeded in value the American products by an annual mean of 24 millions, or 14 per cent., must have insured a proportional increase of tonnage to the French flag. Calculated

Equality of advantages in the exchange of products; absorption, almost total, of the navigation, by the American flag; such is the situation.

Such being the state of things, ought the United States to express any reproach, or threaten to raise the duties on French products?

The answer, it seems, is easy to give. And all that remains to be added to the considerations exposed in the present note, is, that France, in permitting, as she has done until now, the convention of 1822 to subsist, (this conven

in said proportion this increase would be 4.5 per cent. tion giving, in fact, the seven-eighths of the transportation,

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to be the amount which to the detriment of the French flag, formed the annual profit of the Americans during these 12 years.*

3d. As for the legislation.-In France, no sort of overtax upon merchanise ;

Entire reciprocity for the flags;

Privilege given to American products, compared with similar products, not coming from French colonies or from India;

Advantage to all products coming from the United States over the products of India, not brought directly on French bottom.

The true result of this is, as has been seen,

in the intercourse, to the American flag,) has sacrificed the interest of her navigation to the advantage which her commerce might derive from the progressive importance of the markets opened to her products, of all kinds, in the United States. The commercial relations between the two nations can be maintained, in a manner useful to both, in this sort of balance between the advantages granted to the American navigation, and those devolved to French products. But any modification altering the commercial advantages, which, alone, have caused the concessions made by France to the navigation of the Union, and which, alone, can allow the continuation of these concessions, would evidently authorize the French Government to withdraw favors which, given at her detriment, would have no more compensation.

The French Government will, then, await with calmness the result of the discussions which the tariff may raise in Congress. But it would see itself, although with regret, bound to adopt defensive measures, should this result alter the present state of the commercial relations between France and the United States.

Washington, February 1, 1841.

Since the completion of the above remarks, new publications have afforded the means of collecting more recent information in regard to the year 1839.

According to the report of the Secretary of the Treasury, on the commerce and navigation of the United States, for the year 1839, (Doc. No. 251, 26th Con., 1st Sess. p. 274 ) the commerce of the United States with France presents for The same calculation for 1838 shows a loss for the the commercial year ending September 30, 1839, the followFrench flag of 46,089 tons.

ing general results:

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