compatible with, and necessarily to abridge the | the Navigation Act, which she was at liberty equal rights of other states. In the late debates of the English Parliament, the minister in the House of Lords stated, "that instead of seventeen thousand men, employed abroad in 1791, forty-one thousand were then (1816) required, exclusive of those that were serving in France and in India. That England now has forty-three principal colonies, in all of which troops are necessary; that sixteen of these principal colonies were acquired since 1791, and six of them had grown into that rank from mere colonial dependencies." And in the House of Commons the minister, alluding to the acquisitions made during the late war with France, said, "that Englard had acquired what, in former days, would have been thought a romance-she had acquired the keys of every great military station. " to do, by opening a direct intercourse between the colonies and a foreign country, but controlling, which she had no authority to do, the reciprocal rights of the United States to employ their own vessels to carry it on. Colonies, being parts of the nation,* are subject to its regulations, and, according to the practice of Europe, they have been considered as a monopoly of the mother country; but, as has been stated in former discussions of this subject, when an intercourse and trade are once opened between colonies and a foreign country, the foreign country becomes a party, and thereby has a reciprocal claim to employ its own vessels and seamen equally in the intercourse and trade with such colonies, as with any other part of the nation to which they belong. Thus the commercial aggrandizement of Eng- Governments owe it to the trust confided to land has become such, as that the men who them, carefully to watch over, and by all protested against monopoly, and devised the suitable means to promote, the general welNavigation Act to break it down, could never fare; and while, on account of a small or have anticipated. And it may, ere long, con- doubtful inconvenience, they will not disturb a cern other nations to inquire whether laws and beneficial intercourse between their own people principles, applicable to the narrow limits of and a foreign country, they ought not to omit English dominion and commerce, at the date the interposition of their corrective authority, of the Navigation Act, when colonies and com- whenever an important public interest is inmerce, and even navigation itself, were com- vaded, or the national reputation affected.paratively in their infancy; laws and principles "It is good not to try experiments in states aimed against monopoly, and adopted to secure unless the necessity be urgent, or the utility to England her just share in the general com- evident; and it is well to beware, that it be the merce and navigation, ought to be used by Eng-reformation that draweth on the change, and land to perpetuate in her own hands a system equally as exclusive, and far more comprehensive, than that which she was the chief agent to abolish. not the desire of change that pretendeth the reformation." In this case the importance of the reformation is seen and acknowledged by every one, and the delay that has occurred in the making of it may call for explanation. Our commercial system is an open one-our ports and commerce are free to all. We neither We are unable to state with accuracy the possess, nor desire to possess, colonies; nor do tonnage and seamen employed before the revowe object that others should possess them, sub-lution, in the trade between the territories of ject to the ordinary rules and regulations of the colonial system, unless thereby the general commerce of the world be so abridged, that we are restrained in our intercourse with foreign countries wanting our supplies, and furnishing in return, those which we stand in need of. It is not, however, to the colonial system, but to a new principle, which, in modern times, has been incorporated with those of the Navigation Act, that we now object. According to this act, no direct trade or intercourse can be carried on between a colony and a foreign country; but yet, by the free port bill, passed in the present reign, the English contraband trade, which had been long pursued, in violation of Spanish laws, between the English and Spanish colonies, was sanctioned and regulated by an English act of parliament; and, since the independence of the United States, England has passed laws, opening an intercourse and trade between her West India colonies and the United States, and, excluding the shipping and seamen of the United States, has confined the same to English ships and seamen thus departing not only from the principles of ; the United States and the other English colonies; but it is known to have been a principal branch of the American navigation. The colonies that England has since acquired from France, Spain, and Holland, together with the increased population of the old colonies, require more ships and seamen to be employed in the trade now, than were engaged in it before the independence of the United States. Without reference to the tonnage and trade between the United States and the English West India colonies, during the late wars between England and France, which, by reason of the suspension of the English Navigation Act, and the neutrality of the United States, will not afford a correct standard by which the tonnage and trade in time of peace can be ascertained: our customhouse returns are the best documents that we * England alone excludes our vessels and seamen from the trade opened between her West India colonies and the United States. In the same trade between the United States and the colonies of France, Spain, Holland, Denmark, and Sweden, our vessels and seamen are alike employed, as those of the parent countries respectively. can consult upon this subject. According to a | houses, our harbors, and our commerce, from late report from the department of the treas- foreign aggression and violence, a navy is acury, the tonnage employed in this trade during knowledged to be necessary. From the land the year 1816, which may be taken as a pretty side we are safe; against dangers from the fair average, amounted to one hundred and two ocean, a navy will prove to be our cheap, our thousand tons, requiring upwards of five thou-sure, and most efficient defence. Although a sand seamen. There may be some error in this subject of doubt heretofore, this truth is now return, though we are not able to detect it. so well understood, and so universally admitThe magnitude and importance of the shipping|ted, that it would be to misspend the time of the and seamen engaged in this trade will be more Senate to enter into its development. readily understood by comparison than other- An efficient navy never has existed, and wise. The tonnage thus employed exceeds the cannot exist, without a commercial marine, and whole tonnage employed by the English East the maritime history of Europe, which abounds India Company in its trade with Asia; is nearly with instruction on this subject, demonstrates a moiety of the American and English tonnage this political truth, that the naval power of employed between the United States and Eng-every nation is in proportion to its ships and land, and her possessions in Europe-is equal seamen. Money may build ships, but the navito the American tonnage employed between gation of the great ocean only can make seathe United States and England, and is almost men; and it is in connection with this view of an eighth part of the whole registered tonnage the subject, that the exclusion of our shipping of the United States. and seamen from the navigation between the United States and the colonies of England, derives its chief importance. To the loss of profits which would accrue from an equal participation in this trade, may be added the loss of an equal share of the The prosperity and safety of nations are profreights made by the vessels engaged in it-the moted and established, by institutions early and aggregate amount whereof must be equal to wisely adapted to these ends. A navy, being two millions of dollars, annually. Other ad- such an institution, and our experience having vantages are enjoyed by England in the posses-proved its importance, it has become the duty of sion of the exclusive navigation between the United States and her colonies, and between them and England. Freights are made by English vessels between England and the United States; between them and the English colonies, as well as between these colonies and England. English voyages are thus made on the three sides of the triangle, while those of the United States are confined to one side of it; that between the United States and England. But the money value of this great portion of our navigation, claimed and hitherto enjoyed by England, although an object that deserves the public protection, is not the most important view in which the same should be considered by the Senate. We must learn wisdom from past times; and while the experience of the father is too often lost on the son, this ought not to be the case in the affairs of nations, which, living from age to age, and profiting by long experience, should become wiser as they grow older. The present condition of nations, and especially that of the inhabitants of our own continent, merits our watchful attention, and admonishes us to cherish our national resources, and seasonably to devise, and perseveringly to build up, those establishments that our present safety demands, and which may be commensurate with our future destiny. Justice and moderation, which, we confidently hope, may preside over, and guide our public counsels, have not been found to be a sufficient armor for the defence of nations. "Wisdom, in the ancient mythology, was represented as armed, because experience had proved, that good examples and noble precepts fail of their efficacy, unaccompanied by a power to enforce them." To defend ourselves, our Congress to adopt and to enforce those regulations that are necessary to its efficient establishment. In addition to the protection of the fisheries, none more efficacious can be devised, than such as shall secure to our own shipping and seamen a full participation in the national navigation; thereby shutting out any foreign power from the exclusive enjoyment of a principal branch thereof; a branch that now educates and holds ready for service in the navy of England, and which would educate and hold ready for service in our own navy, were the United States, instead of England, in the possession thereof, a body of several thousand seamen. But, by passing this act, shall we not cut ourselves off from those foreign supplies, which our habits have rendered indispensable as well as desirable? Will not the English colonial markets for supplies hitherto purchased and exported among us, be lost to them? And shall we increase our navigation by adopting the law? The documents that have been communicated to the Senate, by the chairman of the Committee of Foreign Relations (Mr. Barbour), satisfactorily prove, that we are independent of the English colonies for a supply of sugar and coffee, for our own consumption; our annual re-exportation of these articles exceeding the quantity of them annually imported from the English colonies: and, in respect to rum, the other article imported from these colonies, its exclusion will be the loss to England of its best, if not only market; and its place will be readily supplied by other foreign rum and by brandy: or, which is more probable, as well as more desirable, by domestic spirits distilled from grain. The exports from the United States to the English West India colonies have been estimated at four millions of dollars annually. The problem has been disputed ever since the independence of the United States, and still remains to be solved, whether these colonies could obtain from any other quarter the supplies received from the United States. To make this experiment, effectually, further restrictions and regulations may become necessary, which it is not now deemed expedient to propose. If the question be decided in the negative, the supplies will be continued from the United States, and our shipping will be benefited. If the articles heretofore supplied from this country can be obtained elsewhere, we must find out other markets for our exports, or the labor employed in preparing them must be applied to some other branch of industry. We have the power, and hereafter it may become our policy, as it is that of other countries, to resort to measures, the effect of which would go far to balance any disadvantage arising from the loss of the English colonial markets. We import annually upwards of six million gallons of West India rum, more than half of which comes from the English colonies; we also import every year nearly seven million gallons of molasses; and as every gallon of molasses yields, by distillation, a gallon of rum, the rum imported, added to that distilled from molasses, is probably equal to twelve million gallons; which enormous quantity is chiefly consumed by citizens of the United States. If the importation of rum and molasses for distillation be prohibited, it would require, at least, four million bushels of grain for distillation to supply an equal quantity of ardent spirits; and in this way, our agriculture would be indemnified for any loss it might suffer by an exclusion from the English colonial markets. As respects the timber and lumber trade, including staves and woods, in all the forms in which we prepare them for exportation, should no foreign markets be found to supply those, which, by the imposition of high duties in England, and those, which, by the passing of this bill, we may lose in the colonies, those who are engaged in this precarious, and, generally, ill paid and unprofitable business, will hereafter confine their supplies to our domestic wants, which are constantly increasing, and to the foreign markets, that are neither affected by English duties, nor the bill before us. The timber of the country is becoming scarce, and more and more an object of public concern. The forests upon the frontier of the ocean, and on the great rivers leading to it, are nearly destroyed. In other countries, and even in Russia, the improvident waste of their timber, especially in the neighborhood of their great iron works, has become a subject of national solicitude. Masts, spars, pine, and oak timber fit for naval purposes, and for the other numerous uses for which timber and wood are wanted, were far more abundant and of better quality formerly, and within the memory of men now living, than they are at the present day; and a little more care and economy in the use of our timber, even now, would confer an important benefit on posterity. The probability, however, is, that as respects our valuable timber, we shall not want foreign markets for all we ought to spare. As a general rule, it is correct, that every person should be free to follow the business he may prefer, since, by the freedom, sagacity and enterprise of individuals, the general welfare is commonly promoted. There are, however, exceptions to this principle; and, as general rules affect unequally individual concerns, and measures adopted for the common welfare may, from the nature and end of society, sometimes interfere with private pursuits, the latter must give way for, and yield to, the former; and, in this case, the general welfare, and the interest that all have, in the encouragement and protection of the shipping and seamen of the country, take precedence over the private and individual interests of persons, whose occupations may thereby be somewhat affected. As to the last point, whether we shall increase our own navigation and seamen, by passing the bill, it may be observed: if England meets us in the temper that we hope she may, and enters into a reciprocally beneficial arrangement, concerning the navigation of the two countries, our shipping will acquire thereby a portion of the carrying trade, now exclusively possessed by her; if she persist in her exclusive system, and thus compels us to meet restriction with restriction, we shall not be losers by this course, but shall ultimately be gainers. According to the English navigation act, as well as the act of parliament, that departs from it, and opens an intercourse between the English colonies and the United States, we are excluded from any share in the navigation between these colonies and the United States. No notice is taken of the occasional relaxation of the latter act, because, by the double competition created by the Americans themselves, as sellers and buyers in the English colonies, the intercourse is probably disadvantageous, rather than beneficial to us. According to the permanent law, English shipping only brings to us her West India supplies, and takes in return the articles wanted in these colonies. If English shipping be no longer employed in this service, and the articles formerly sent to these colonies are exported to other markets, or the supplies received from them are sought for, and imported into the United States from other places, the vessels of the United States will be employed in this service, and so the navigation and mariners of the country will be encouraged and increased. It will doubtless be found, as it has been heretofore, that new markets will be discovered, as well for our surpluses, as for our wants, should those be lost with which we have formerly had intercourse. But, why has a measure of this importance been so long deferred? The explanation which | that succeeded, introduced, in lieu thereof, a this question requires, cannot be made without some reference to the history of our communications with England since the peace of 1783, as well as to the views and policy of men and parties, that have in succession influenced our public affairs. new bill, which became a law, vesting in the king and council authority to make such temporary regulations of the American navigation and trade, as should be deemed expedient. Sundry orders in council were accordingly made, whereby a trade and intercourse in American and English vessels, between the United States and Great Britain, were allowed, and, with the exception of fish-oil, and one or two other articles, the produce of the United States, imported into Great Britain, was admitted free, or subject only to the duties payable on the like articles imported in English vessels from the American colonies. States and the English West India colonies, but with a proviso (the principle of which is still maintained against us), whereby American vessels were excluded, and the whole trade confined to English vessels. As, according to the laws of England, notwithstanding the acknowledgment of our independence, neither trade nor intercourse could be carried on between the United States and her dominions, it became necessary after the treaty of peace to pass some act whereby this trade and intercourse might be opened;-a bill for this purpose was therefore introduced into the House of Commons by the administration which concluded the treaty of peace with the An intercourse, and a trade, in enumerated United States. The general scope and provis-articles, were also opened, between the United ions of the bill correspond with the liberal principles which were manifested in that treaty, plainly show that the authors of this bill understood that the true basis of trade and intercourse between nations, is reciprocity of benefit; a foundation on which, alone, the friendly intercourse between men and nations can be permanently established. The preamble of this bill declares "that it was highly expedient that the intercourse between Great Britain and the United States should be established on the most enlarged principles of reciprocal benefit to both countries," and as, from the distance between them, it would be a considerable time before a treaty of commerce placing their trade and intercourse on a permanent foundation, could be concluded the bill, for the purpose of a temporary regulation thereof, provided, that American vessels should be admitted into the ports of Great Britain, as those of other independent states, and that their cargo should be liable to the same duties only as the same merchandise would be subject to, if the same were the property of British subjects, and imported in British vessels and, further, that the vessels of the United States should be admitted into the English plantations, and colonies, in America, with any articles the growth or manufacture of the United States, and, with liberty to export from such colonies and plantations to the United States any merchandise whatsoever, subject to the same duties only, as if the property of British subjects, and imported or exported in British vessels; allowing, also, the same bounties, drawbacks, and exemptions, on goods exported from Great Britain, to the United States, in American vessels, as on the like exportations in British vessels to the English colonies and plantations. The persons benefited by the Eng-policy concerning the American trade and inlish exclusive system of trade and navigation, became alarmed by the provisions of this bill and earnestly opposed it; and which, after a variety of discussion, was postponed or rejected. The policy that manifested itself in the treaty About this period, Mr. Pitt, who had supported of our independence, and which is seen in the this bill in the House of Commons, resigned his bill to regulate the trade and intercourse beoffice of Chancellor of the Exchequer, as his tween England and the United States, prepared colleagues in Lord Shelburne's administration, by the administration that made the treaty of had before done. The coalition administration | peace, was, by the establishment of trade and After a periodical renewal of these orders, for several years, the regulations that they contained were adopted by, and became an act of Parliament. This act was afterwards modified, and rendered conformable to the provisions of Mr. Jay's treaty, the commercial articles of which expired in the year 1803 ;—not long after which date England passed a new act of Parliament concerning the American navigation and trade. This act maintains the exclusion of American vessels from the intercourse between the United States and the English colonies, and confines the same, as former acts and orders in council had done, to English vessels; it repeals the settlement of duties pursuant to Mr. Jay's treaty; and, giving up the policy of the enlarged and liberal system of intercourse which had been proposed in Mr. Pitt's bill, it also repeals such parts of all former acts and orders as admitted the productions of the United States, either free, or on paying the same duties only as were payable on the like articles imported from the English colonies and plantations; and places all articles, the produce of the United States, imported in American vessels, on the same footing as the like articles imported in foreign ships from other foreign countries. This new footing of our trade with England, the importance whereof is well understood by those who are engaged in supplying her markets with masts, spars, timber, naval stores, and pot and pearl ashes, may be regarded as decisive evidence of a complete change of tercourse; which, however unsatisfactory, as respected the colonial trade, has become more so, by the provisions of this act of Parliament. This unequal footing of our foreign com merce, and the language made use of by England at this juncture, served still more to increase the public discontent; especially as it was plainly avowed that England ought to render the trade with us as exclusively advantageous to herself, as her power and the defects of the old confederation would enable her to do. Congress having no authority, under the confederation, to impose countervailing and other corrective regulations of trade, the States separately attempted to establish regulations upon this subject. But, as a part only of the States joined in this measure, and as the laws passed for this purpose differed from each other, the experiment completely failed. intercourse on the solid basis of reciprocal bene- | many sailors and as much shipping as pos fit, to unite in a firm bond of friendship, a peo- sible.* ple politically separate, living under different governments, but having a common origin, a common language, a common law, and kindred blood; circumstances so peculiar as not to be found between any other nations. Instead of this policy, one of a different sort is preferred; one, however, that England has a right to prefer; and, against the many evils of which, ve must protect ourselves as well as we are able to do. The intricate, countervailing, and perplexing code of commercial intercourse, founded in jealousy, and the rival establishments and pursuits of the powers of Europe bordering upon, and constantly interfering with, each other, has been adopted and applied to the United States a people agricultural more than manufacturing or commercial; placed in another quarter of the globe; cultivating, and proposing to others an open system of trade and intercourse; and herein, as in many other important discriminations, differing from the nations of Europe, and therefore not fit subjects for these restrictive and jealous regulations. Our policy is, and ever has been, a different one. We desire peace with all nations; and the wars of maritime Europe have taught us, that a free system of trade and intercourse would be the best means of preserving it. With these principles as our guide, at the negotiation of the treaty of peace, in 1783, our ministers were authorized to conclude a treaty of commerce with England on this basis; but no treaty was concluded. Afterwards, and when a temporary trade and intercourse were opened by England, looking, as we supposed, to a treaty of commerce, Congress instructed Messrs. Adams, Franklin, and Jefferson, to renew the overture of a treaty of commerce, which was done by them through the English ambassador at Paris, in the year 1784; but no correspondent disposition being shown by England, this second overture failed. The interest and prejudice of those who were benefited by the monopolies, and the exclusive system of England, were opposed to any treaty with this country, on the principle of reciprocal advantage. The political writers of that day, under the influence of these partial views, or not sufficiently appreciating the true theory of commerce, contended that it would be folly to enter into engagements by which England might not wish to be bound in future; that such engagements would be gratuitous, as, according to their interpretation, Congress possessed no power, under the confederation, to enforce any stipulation into which they might enter; that no treaty that could be made would suit all the States; that if any were necessary, they should be made with the States separately; but that none was necessary; and those who talked of liberality and reciprocity in commercial affairs, were either without argument or knowledge; that the object of England was, not reciprocity and liberality, but to raise as In this condition of our navigation and trade, subject to foreign restrictions and exclusion, without a power at home to countervail and check the same, Congress resolved to make another effort to conclude a commercial treaty with England. For this purpose Mr. Adams, since President of the United Sutes, was appointed, and went to England in 1785, where he resided for several years; but found and left the government unchanged, and equally as before disinclined to make with us a treaty of commerce, although, during his residence, England concluded her famous commercial treaty with France. This further disappointment, with the depreciating condition of our navigation and trade, joined to the embarrassment of the public finances, produced what no inferior pressure could have done; it produced the general convention of 1787, that formed the constitution of the United States. Had England entered into a liberal treaty of commerce with the United States, this convention would not, perhaps, have been assembled. Without so intending it, the adherence of England to her unequal and exclusive system of trade and navigation, gave to this country a constitution; and the countervailing and equalizing bill now before the Senate, arising from the same cause, may assist us in establishing and extending those great branches of national wealth and power, which we have such constant and urgent motives to encourage. The establishment of the constitution of the United States was coeval with the commencement of the French revolution. The sessions of the General Convention at Philadelphia, and the sessions of the Assembly of Notables at Paris, were held in the same year. Laws were passed by the first Congress assembled under the new constitution, partially to correct the inequality of our navigation and trade with foreign nations; and a small discrimination in duties of impost and of tonnage was made for this purpose. Afterwards, in the year 1794, a number of resolutions on the sub Sheffield, Charmers, and Knox. |