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cally; "Let it be strongly impressed upon your mind, that the privilege of carrying our own productions, in our own vessels to their islands, and bringing, in return, the productions of those islands, to our own ports and markets is regarded, here, as of the highest importance." And the 12th article of Jay's Treaty, which related to the colonial trade, was expunged as utterly inadmissable, not having secured such right.

A long but fruitless negotiation ensued. In 1817, the British attempted to give the trade a circuitous direction, through their northern provinces or the island of Bermuda, in British bottoms to the exclusion of American vessels. To accomplish this, they at first proposed to reserve to themselves, the right to vary their imposts, upon our productions, at pleasure, in different colonies; so that, the same articles might be made to pay a higher rate of duty, when transported directly in American bottoms, than when circuitously in British. This was firmly resisted, and the British, in the negotiations of 1818, expressly and unqualifiedly abandoned it. It was relinquished, too, by the Acts of Parliament of 1822 and 1825, and never renewed until the negotiations of Mr. McLane, in 1830. The important negotiations of 1818, it appears from the letter of Mr. McLane of 14th of March 1831, were wholly unknown to that gentleman, though essential to the due performance of his mission.

The United States, under all administrations, except the present, steadily adhered to the rule of equity and reciprocity, in this trade, which they desired in all branches of commerce. They, therefore, opposed exclusion with counter exclusion, restriction with restriction, and met every advance towards freedom of trade with correspondent indulgence. The importance of protecting the principle being always considered as far greater than the value of its operation in this particular branch.

The proceedings on the part of the English and American Governments, upon this subject, had, in March 1823, resulted in the following provisions.

1. Certain enumerated British colonial ports were opened for direct intercourse with the United States.

2. Produce of such colonies, respectively, (not otherwise prohibited) might be brought from such ports to the United States in British and American vessels equally.

3. Whenever discriminating duties ceased to be levied on our vessels, arriving at those ports, British vessels, from the

same ports, might, in like manner, be exempted from such duty in our ports.

4. Such articles, as British vessels, coming from the opened ports, might take back with them, American vessels might equally carry from the United States to the opened ports: British vessels giving bond to land their cargoes there.

5. Articles of the growth or produce of the colonial possessions, respectively, and none other, to be brought by vessels of either nation, from the opened ports to the United States, and only by the direct voyage.

6. No British vessel to carry goods from the United States to the opened ports, except such as had come from one of those ports. No American vessel to bring goods from one of those ports to the United States, unless she had gone direct from the United States. British vessels, from those ports to the United States, to carry no goods from the United States, unless back to such ports: and American vessels to carry nothing from the opened ports, elsewhere, than back to the United States.

The Act of Congress embracing these principles, framed with great care, and passed almost unanimously, was a distinct declaration of the American notion of reciprocity, and in effect, an offer to the British, to open the doors wide, to hold them ajar, or close them entirely, as the board of trade, at London, might prefer.

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In this state of affairs, the British Government resorted, to a renewed experiment of diplomacy. Mr. Huskisson and Mr. Stratford Canning were appointed, specially, to conduct a negotiation with us, and were met, on our part, by Mr. Rush, with instructions prepared by Mr. Adams. the discussion, one great point was gained. The correctness of the American principle was admitted by the British Government; and its readiness to make an arrangement, on the basis of a just reciprocity, declared. But, this just reciprocity was as difficult to settle, as it has been, among ourselves, to determine, what is a judicious tariff. Some of the British notions of reciprocity were rather odd.

The act of Congress, of 1823, required the admission of American vessels into British colonial ports, on payment of no, other, or, higher, duties than British vessels, from the United States, or elsewhere; this word "elsewhere" comprehended England, Nova Scotia and all other British posses sions. The British commissioners contended, that, the trade between England and her colonies, and between any two

colonies was to be considered as a coasting trade and, therefore, British vessels ought to be allowed to go free from London, or Halifax or Jamaica, (for example,) as American vessels could sail between New York and Philadelphia. This idea being novel, time was taken for its consideration, and the negotiation was suspended. The effect of this word "elsewhere" was to require, that our produce should not be taxed higher in the West India Islands, than the productions of the British northern provinces or other dominions. This was waived by our government in 1826. But the principle that our produce should be taxed no more, when transported in our own vessels, than when in British-bottoms was never conceded by us. In this posture, Mr. Adams, when he became President, found the subject.

280. By the admission of this view of a coasting trade, extending round the globe, the principle of reciprocity was not necessarily affected, nor did the admission of British vessels from British ports into British ports, without duty, require, by any reciprocity, the imposition of discriminating duties, upon such vessels in our ports; but the value of the trade would be seriously affected, if British vessels might carry, from Nova Scotia to the West India Islands, free of duty, cargoes similar to such as we should send under the burden of a heavy impost. Against this injury, Mr. Adams sought to provide; and instructions, to that purpose, were given to Mr. King; but before he reached London, the British Government had by act of Parliament changed their whole system of colonial trade.

This act, (July 5, 1825) opened their West India Islands to the commerce of all nations, so far as the carrying trade was concerned, under certain restrictions and with discriminations in favour of British shipping-upon condition, also, in regard to nations having colonies, that they admitted British commerce to their colonies; and in regard to nations without colonies, that they should place the commerce of Great Britain, and all her foreign possessions, in their ports, upon the footing of the most favoured nations. This, and a simultaneous act were voluminous, complex, and so difficult of apprehension, that when Mr. Vaughan, the British minister at Washington, was officially called upon to say, whether, under them, discriminating duties would be levied upon American vessels, he declared he could not tell; nor was our application in England attended with more success. Mr. Canning was ill and, subsequently, Mr. King, our minister,

was disabled for service, from the same cause.* Here was a new difficulty. We were required, as a preliminary condition for participating in whatever advantages these new acts might give, that we should put Great Britain and all he possessions upon the footing of the most favoured nation; but with several nations, all discriminating duties were reciprocally abolished, and treaties were in progress in which still greater freedom of intercourse was to be mutually allowed. To admit British vessels to such advantages without any mutuality would have been alike unjust and absurd. Mr. Adams' administration did not accept of the offer for the reasons we have stated, and, also, because it was never officially communicated to it ;-because, only a few months before, a negotiation on the same subject had been suspended, with an understanding that it might be resumed-and because, it was very desirable to arrange the whole matter, by treaty, in order to secure, if we could, the admission of our products into the British islands for consumption, as well as the admission of our vessels.

"

Mr. Van Buren was perfectly aware of this, and in part of his instructions puts the case in a just light. "If," says he, "it is meant by this condition that the commerce, &c. of Great Britain, shall be gratuitously and generally placed on the same footing with those of the most favoured nations, by granting to them privileges, which we allow to other nations for equivalents received, it would be wholly inadmissible."

Soon after, at the session of Congress of 1825-6 it was proposed, but not agreed upon, to repeal our discriminating duties; and Mr. Gallatin, who succeeded Mr. King, was instructed to inquire of the British ministers whether, if we repealed all restrictions, admitted the English idea of coasting trade, and abolished all discriminating duties, they would meet us with corresponding regulations:-In a word, whether the direct trade would be open to the vessels of both nations, without alien duties, on either side: American vessels, departing from the islands, going any where, except to other British ports: British vessels, departing from the United States, going any where, except to American ports: And whatever goods might be carried by British vessels from our ports to the colonial ports might equally be carried in Amer.

*

Discriminating duties were however actually levied,” on American vessels, in some of the British ports.

ican vessels. This differed from the former proposition; leaving the British to impose what rate of duties they might think proper, on their own vessels, coming into the colonial ports from other colonial ports, or from England. The principle of reciprocity was perfectly guarded, and the utmost freedom of commercial intercourse contemplated by this proposal.

Before the arrival of Mr. Gallatin, however, the British Government had taken new, almost hostile, ground against us; having, under pretence that we had refused to put them on the footing of the most favoured nation, by an order of council, closed their colonial ports, absolutely, against the commerce of the United States, whilst they were kept open to all other nations. But as this position was not defensible, inasmuch, as other nations had also refused to put British commerce on the ground of that of the most favoured nation, the British minister took the old ground; declaring, that reciprocity had nothing to do with the matter;-that all trade with colonies was a mere indulgence and a boon to other nations, to be regulated by the irresponsible will of the mother country alone: and he refused to make this subject one of further negotiation.

In the session of 1826-7, the course of the American Executive was fully sustained by both Houses of Congress. General Smith, who had led a previous effort to repeal the discriminating duties, disavowed any intention to censure the administration, and declared, distinctly, that the omission to act on the British proposal, contained in the Act of Parliament, 5th July, 1825, had been the omission of Congress, entirely. The British Government pertinaciously adhering to their determination not to treat upon this subject, the interdict, upon our part, upon British vessels from interdicted ports, followed of course, under the provisions of the act of 1823, which it was the duty of the Executive to carry into effect.

281. The direct trade, therefore, between the United States and the British colonies continued to be suspended. The consequences, however, were much more injurious to the British commerce than to ours. The effect with us was, only, to substitute different channels for an exchange of commodities indispensable to the colonies, and profitable to a numerous class of our fellow citizens. Neither the exports, navigation nor revenue, of the United States suffered diminution. The colonies paid more dearly for the necessaries of life, which their Government burdened with charges of double voyages, freight

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