colonies of European nations, in vessels having only one deck. The second made a special provision for the trade between the United States and the island of Bermuda, in a larger list of articles, and without limiting the size of the vessel. The third allowed cotton and tobacco to be imported from the United States in their own vessels to Turk's Island, and salt to be taken away from that island, also in their vessels. The fourth aimed at regulating the intercourse, though under many restrictions, between the United States and the British continental colonies in America, adjoining the dominions of the former.

To his lordship's inquiry as to the probability of my government agreeing to these articles, I replied, that the President, when I left Washington, had them under consideration, but I owed it to candour to say, that there was little likelihood of their being accepted, so far did they fall short of the reciprocity desired He afterwards inquired of what nature would be our counter-projet, in the event of their rejection? I said, one that would open this trade fully, and, above all, give to British vessels no privileges of any kind whatever, direct or incidental, over the vessels of the U. S. The latter were ready to grant, in their ports, to British vessels coming from the islands, all the privileges which their own vessels enjoyed; and could not be content with less to their vessels, in the ports of the Islands. His lordship here spoke generally of the colonial system of Britain. He said it was interwoven with her whole commercial code, and code of navigation; and that she owed it to interests which she believed to be important in both connexions, to adhere to the system in the main, however willing to submit to occasional or partial relaxations. I rejoined, that, with whatever reluctance the United States would adopt the policy of closing the trade altogether, in the continued absence of the reciprocity for which they contended, they would, at last, be compelled to adopt it, in necessary justice to their own commercial and navigating interests. I referred him to some acts of Congress already passed with that intent. He wound up by remarking, that Britain, considering the nature of her colonial system, had no right to complain of measures of that character on the part of the United States, however she might regret them; nor would she complain. She had maintained it so long, that she would find it difficult on that, as well as other accounts, to change it.

It was a cardinal purpose, under our instructions that entire reciprocity should be the basis of any regulations by treaty for opening this trade; and accordingly we offered the following proposals as essential to the groundwork of our plan:— That the vessels of the United States be permitted to import into the principal ports of the British West Indies, which we enumerated, and into British colonial ports on the continent of South America, naval stores, live stock, provisions of all kinds, tobacco, lumber, and other productions of the United States, the importation of which was allowed from other places. And also that they be permitted to bring back cargoes of sugar, coffee, molasses, rum, sal, and other productions of the foregoing ports or islands, the exportation of which was allowed at other places. The vessels of Great Britain to be confined to the same articles of trade, so that they might have no advantage over those of the United States; the tonnage duties on the vessels of each nation to be the same; and each to be allowed to touch during the voyage, at one or more ports of the other, to dispose of inward or ship outward cargoes. Duties of import and export to be the same on all cargoes, whether car

ried in American or British vessels, and neither party to charge higher duties upon the productions of the other, than were charged on similar productions in their trade with other places. Regarding the colonies of Britain in North America, we proposed, that both American and British vessels be allowed to import into them, from the United States, the same productions as allowed above, and bring back any productions of those colonies, admitted into the United States from other places; tonnage duties upon the vessels of each nation, to be equal here also, and the duties on all cargoes to be the same, whether carried in the vessel of the one nation or the other.

The British Plenipotentiaries on receiving these proposals, declared them to be inadmissible. They amounted, they said, to a much greater departure from the colonial system of Britain, than she was prepared to sanction. They alleged the impossibility of breaking down the system, favoured as it still was by public opinion, and leagued in with various interests, national and individual. The trade of their North American colonies in salted fish and lumber, the export trade in beef, pork, and flour, from Ireland, the British shipping interest, and the interest of non-resident West India planters, were among those to which they referred.They were willing to admit reciprocity in the trade, (tonnage it will be borne in mind is not included under this term) between the United States and West Indies, to a certain extent; but our plan opened it too far. They were willing to open, for example, all the ports we had enumerated, (Bermuda being of the number) except St. Christophers, St. Lucia, Demarara, Essequibo, and Berbice; the exception of the three last, growing out of their engagements with Holland. But if they admitted a specified number of articles in the direct trade with the islands, they thought that we ought to consent to a larger list in the trade with Halifax and St. Johns on the North American continent; and also with Bermuda; we ought not to ask that the trade be confined to the same articles with all their possessions, insular and continental. They claimed also a right for their vessels coming from Great Britain, to touch at any port of the United States and take cargoes for the West Indies; alleging that without this right, the proximity of the United States to the Islands, would give our vessels an undue advantage, and they were willing to agree to a provision, that our vessels should have the same right; a provision, however, the reciprocity of which would have been only nominal. In the end they remarked, that one of our proposals went the length, in effect, of restraining Great Britain from laying higher duties upon articles imported into her islands from the United States, than on similar articles coming from her own possessions in North America; to which they very pointedly objected, urging the natural right of Great Britain to resort to duties of this kind for the purpose of favoring the productions, agricultural or otherwise, of any part of her own dominions.

We did not pretend to deny this last principle; but remarked, that truth in abstract propositions, did not always bear enforcement internationally. We contended that the application of this principle to the trade in question, would prove altogether unjust to the United States. Britain made a distinction, which of course she had the right to do, in her commercial intercourse between her home dominions and colonies. She even drew a distinction in the regulations of trade between her North American colonies, and her West India Islands. The United States

were therefore, in a commercial view, obliged to consider each of these portions of her empire, as many distinct countries. To the United States, they were distinct, as well by geographical situation, and nature of their productions, as by this policy of the parent country. Nor was this mere theory. In the business of trade, it worked tangible results. The United States made an offer to lay no higher duties on productions imported into their ports from British Islands, than on similar productions from other foreign countries. Britain met this by apparent, but owing to the division of her dependencies into separate countries for commercial purposes, certainly not by real justice; she offered to lay no higher duties on productions imported from the United States into her Islands, than were charged on similar ones from other foreign countries. Now, this offer would be reciprocal in words only, unless it went farther; it ought to add, than up on similar productions from any other place, according to our proposals. The reason was obvious; the British Islands were supplied with similar productions from no other foreign country than the United States. The only similar ones, in amount deserving to be mentioned, would go from the North American colonies of Britain herself. The only competition in the supply would therefore be, between these latter colonies and the United States; whereas, there would be a real foreign competition on the productions imported into the United States from the British Islands; similar ones being constantly imported, and in large amount, from the Islands or colonies of other foreign powers. Hence the clause would be operative for Great Britain, and only nominal for the United States. It was plain that the former could turn it to her own account; her vessels might come to the United States from her Islands, with the productions of the Islands; whilst the vessels of the United States would find little encouragement in going to the Islands with the productions of the United States, because British productions of the same kind would get there in British vessels from Halifax, St. John's, or other British possessions, under duties sufficiently low to vanquish American competition. Such was our answer to this objection. At first sight, the objection wore a fair appearance. It seemed unreasonable to say that Britain must not be left at liberty to foster, by high duties, as she saw fit, the productions of any part of her own dominions. But unless the United States took this ground, they could secure no substantial reciprocity to their own vessels in carrying on the trade to be arranged; and this, plainly because Britain stamps upon her colonies, as regards the interests of navigation and trade, the double aspect described—one making them separate communities-the other part and parcel of the same empire with the mother country-as it may serve to benefit the latter, or bear hard on foreign nations; particularly, from the causes stated, on the United States.

We alleged also the inexpediency of consenting to a limited number of articles as the objects of a direct trade between our ports and the Islands, and allowing an indefinite or even larger list to go circuitously. The effect of this would in like manner be, what the United States aimed at preventing a disproportionate employment of British tonnage. The articles not allowed to go to the Islands directly, would be sent through Halifax, St. John's or Bermuda. To these ports, it is true, they might go in American vessels; but, arrived there, they would be transferred to British vessels, and carried to the Islands exclusively in the latter. It was a main point with the United States to guard their own shipping from this source of danger.

It was so that we reasoned. Nevertheless, it was our duty to pay a just regard to the considerations which Great Britain had presented; and we expressed a desire to listen to any specific proposals she would make. We asked for a scale of duties that would exhibit the maximum of those intended for the protection of the agricultural or other produce of her own dominions; but no such document was prepared for our consideration. In further reply to the British doctrine about duties, we naturally remarked, that, if enforced against the United States, the latter ought undoubtedly to retain the option of laying higher duties on the productions of the British Islands, than on those of countries where the productions of the United States were, or might be, received on better terms than in the British Islands. We also declared that we could agree to no proposals for regulating the intercourse with Nova Scotia and New Brunswick, unconnected with the Islands.

After these and other particulars had been fully canvassed, it became evident that the parties were too wide asunder to give hope of meeting on ground that would satisfy both. The British plenipotentiaries candidly expressed themselves to that effect; but as we invited proposals, they gave them. Their proposals adhered to the principles of protecting the productions of their North American colonies, by levying higher duties on similar productions from the United States. They also claimed the right for British vessels sailing from the European dominions of Britain, to touch at ports of the United States for the purpose of taking in cargoes for the West Indies. In other respects, as these nominally, they admitted the principles of reciprocity, as far as the trade was to be open. But the restric ted it in a way to be little acceptable to the United States. Neither sugar, nor coffee, was allowed to be among the direct exports to the United States from the Islands, although we would have consented to a limited amount of each; nor were salted provisions of any kind, including fish, nor lumber, generally, for under the last head there were slight exceptions, to be allowed among the imports into the Islands, from the United States. Yet it was proposed that not only sugar and coffee, but all articles of the produce or manufacture of any of the British dominions, and even East India articles, should be admitted into the United States through the circuitous channels of Bermuda, Halifax and St. John's. It was also asked, that, in the whole trade, Britain, by all the regulations of all the United States, should stand upon as good a footing in their ports, as any other foreign nation. Such were the main features of their proposals.

Britain would agree to no arrangement of the intercourse by land, or inland navigation, with her American continental possessions bordering on the United States, different from the one rejected with the four articles submitted by Lord Castlereagh. Nor would she let us take our produce down the St. Lawrence as far as Montreal, or down the Chambly as far as the St. Lawrence.

On referring her proposals to our government, with all the views elicited from her plenipotentiaries, they were unequivocally rejected. In progress of time, renewed negotiations were held between the two governments, some whilst I remained at the British court, some afterwards. Each government gave up some of the ground taken in this negotiation; but no arrangement, by treaty, has ever yet been made upon this subject. The trade stands upon regulations adopted by the statutes of each nation, which each is at liberty to modify or recall. Until

opened by these regulations, the prohibitory laws of the Union would not allow supplies from the British Islands to come directly to the United States, or to go directly from the United States to the Islands, in the vessels of either power. The reason was, that as Britain would not allow them to come and go in this manner, on terms that the United States deemed of equal advantage to their vessels, they preferred that the direct intercourse should cease altogether. It is obvious, that the dispute was about tonnage, rather than the productions or merchandize of either party. These were still permitted to be consumed in the territories of each; but it was necessary to import them in round-about ways.

On a Spanish ambassador once representing to Cromwell that the Inquisition and colonial trade, were his master's two eyes, Cromwell replied, "Then I must trouble your master to put out his two eyes." We cannot address England in such language, although England did Spain; but we may at least remark, that as far as she enforces her colonial system in her intercourse with other nations, the latter will, so far, lose the benefit of equal competition. The United States cannot, it is true, complain that she violates any of their rights in allowing the vessels of her own subjects in her North American colonies, to trade with her Islands on better terms, than the vessels of the United States; but, to whatever extent she does so, it is manifest that, to the same extent, American tonnage must labour under intrinsic disadvantages, and the British be likely to shoot ahead of it; which is the basis of the competition at present-[1818].

122.

Arrangement for opening the West India Trade.
to the Earl of Aberdeen.

Mr McLane

9, Chandos-street, Portland Place, July 12th, 1830.

The right Hon. the Earl of Aberdeen, &c. &c. &c.

The undersigned, Envoy Extraordinary and Minister Plenipotentiary from the United States, has had the honor already, in a personal conference, to explain to the Earl of Aberdeen, his Majesty's principal secretary of State of Foreign Affairs, certain measures adopted by the Congress of the United States, during their late session, which have an immediate and important bearing on the relations of the two countries, and upon the proposition heretofore submitted by the undersigned, respecting the West India trade. Having received from the Earl of Aberdeen an intimation of the propriety of communicating those measures in a more formal manner, the undersigned has the honor herewith to transmit such information on the subject as he is now in possession of.

The first of the measures alluded to is an act of the Congress of the United States, authorizing the President, in the recess of Congress, to annul all the restrictive and discriminating measures of the United States, and to open the ports to British vessels trading with the British West Indies in the manner particularly pointed out in the act; a copy of which, for the better explanation of the case, the under. signed begs leave to subjoin.

The undersigned has the honor also to inform lord Aberdeen, that, during the late session of the Congress of the United States, several other laws were passed, by which, in lieu of the duties imposed upon certain articles of the produce of the West India islands, and of the possessions of Great Britain, by previous regulations, the following duties only are to be collected; that is to say: