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Church y„4. .Ui INTRODUCTION, THK serious dangers which now surround us have at least the advantage of drawing forth from every quarter cHbrts to enlighten the public mind, as to the best mean^ of meeting them, and of imprinting on those efforts a stamp of sincerity which can hardly fail to satisfy the most suspicious. It has been usual to exaggerate the consequence.. of every existing war, and the importance of the object in contest : the loss of America, the occupation of the Netherlands by France, were, in their turns, the subjects of gloomy political predictions ; but unfortunately the vital importance of the question now at issue bids defiance to exaggeration. The dream of universal empire, which sometimes crossed the brain of the vain or imbecile monarchs of France, is now realizing. An union, which the world never before saw, of irre- sistible force with the most consummate art, is employed to rear this gigantic fabric, while the total destitution of energy and genius, i IV on the other sidr, nppears to exhibit, hysiich ail iimisiial conciirrciicc of circurnstaiices, the hand ol" l*ro\i(lcnrf» in tliis extraordinary revohilion. In Hiich a cri.^i?', to suppose in a writer the hias of interest, in its eonrined meaning, in any o[)inion> he may puhli>h, wonhi he to suppose in him tlie absence of eominon sense. A few years mw i determine the late of this eountrv ; and ii can hardly be imafl:incd that merchants naturally more interested in pre- serving than in ac(]uiring, slionld be occupied witli collecting a few paltry profits from their trade, at the ex[)ense of their dearest inte- rest. It would be the folly of a man expecting to get rich by the plunder of his own wreck. 'Vo those who are not satisfied with this general declaration, any more minute de- fence must be equally unsatisfactory, and I shall therefore detain the reader no longer with myself or my motives. I must, however, add that a severe indisposition has delayed the publication of these observations, and obliges me to claim indulgence for any inac- curacies of expression which I might other- wise have corrected. Portvum Square, ^th Februariiy 1808. 1 A\ INQUIRY, &V. S(c. IT mi^lit naturally have been expected that, in proportion as our vigilant enciny^ pursuing his system of war on our commerce, Kucceedcd in gradually banishing it first from his own domi- nions^ and subsequently from the whole of the Continent of Europe, with the single exception of the poor and barren country of Sweden, con- siderable loss and embarrassment to several branches of that commerce must ensue. The West India Planters, who, from causes which we shall hereafter notice, had extended their cultivation much beyond the consumption of the mother country, were the first to complain. — The ship-owners, excluded from one portaftcr the other on the Continent, as they fell under the dominion of France, and suffering in some de- gree from the distresses of the West India Plant- ers, soon followed them. The exporter of goodi R to the Continrnt hud lost his trndr, and in man) iiifltunrcH purl of his outvtundin^ cupilul. The Eait India Company's warciiouHCti wvtc hxidrd with goods b('h)np,ing to the Coinpun}' and indi- viduals, for >%hirh then^ was a wry innd(*((uatc demand. Those sevrral important and powrrful bodies united tlic principal romnier( iai interests of the country: their distress was well known to bo real, and could not fail to attract (he attention of the public and of Governnu>n(. Rut the remedy was not so apparent : for want of any satisfactory solution of the difliculty, perhaps also, from an inconsiderate disposition to in- volve in their common misfortunes the only re- maining branch of trade left uninjured, a state of things, the real cause of which was suflicient- ly obvious, was ascribed by all to the intercourse of neutrals with the continent of Europe ; and the want of sale for their commodities was as- serted to be the eft'cct, not of the restrictions of the enemy, but of the competition of Americans. This delusive opinion was unfortiuiatcly, as I must think, illustrated with too much ability by the author of " War in Disguise ;" and while the sutfercKs vaughteagcrlyat the supposed cause of their misfortunes, the eloquence of this per- formance, employed on materials partially sound and generally plausible, combined withthe manly 1 ftin1 pntriotir spIrJ^whirli it broatlics, fHtablitlicd ihr ttmiior'R « pi.iionH in the iniiid of the pub- lic at U''pr<', and with iiiiiii^ »tut(>Hiii<>n oi* till poli- tit.il |)iirtu's. TiM' HvlvocsitcH of tlir VVi'Mt India intrrt'st, in a variclv of publications, became purtij'u'arly prcMMin^ for the inforcrnient of the Huptjeyted nMuedies : (heir former partiality for America vanis]ie factiirers. There are very few London hoiisci of any note engaged Molely, or even principally, in trade with America, and theite, 80 fur from having an interest opposed to tiio new estuhlish- ed syiitem, would, an will soon he seen, he iiunt essentially henefited by it, if ilhe whole tr.uh' be ngt destroyed by war. Liverjiool is the princi- pal scene of American commerce: its vicinity to the cotton manufuctiues of Lancashire givcK it the advantage of their export, and still more of the import of the raw material. The bulky ar- ticK's of earthen ware and salt alTord also return cargoes to America, which give it a preference over every port of Europe. It is well knox^n that the merchants of the outports are seldom so active or so much listened to in their interference with Government as those of the capital. la the early part of the present discussion, the Li- verpool merchants were quiet spectators of the attempts to repair the ruhicd fortunes of others at their exprnse, and probably deceived hy ob- jects iminediatcly surrounding tliom, conceived it ii..poss|ble that war with a country, whose in- tercourse they knew imparted life and industry to all around them, should be undertaken in the name of commerce and national wealth. They were, however, alarmed by an event of a dif- ferent description, and to which they probably attached unnecessary importance. The ren- contre between the Leopard and Chesapeake drew froip. the Liverpool chamber of commerce some hasty proposals of interference with Go- vernment, of which, I believe, they afterwards themselves saw the impropriety; and the failure of thi?» ill-judged attempt, with the reception it met with on account of its exceptionable form, may have deterred them from those efforts of self-defence which, exerted with more discre- tion, might have proved beneficial. Such has been the conduct of the great com- mercial bodies interested in this important ques- tion; all activity on one side, and supineness on the other — while the colonial and shipping interests wereimportuningevery Administration, and every Parliament, with their reports, resolutions, and claims, the American interest, from the want of that uaion which the nature of their con- cerns forbid^ contented themselves at every repetition of measures, from which their know* hnli^e of the state of America induced them io entertain apprehensions, with requesting explana- tions of the views and intentions of Government, wliich were in general ohscurcly devek)ped. In the system of conduct towards America, so perscTcringly recommended, the West India ad- vocates, it nust be admitted, had no desire for war, if their object could otherwise be accom- plished ; but they were willing i* should be risked ; and by their eagerness to explain the little mischief that, according to their ideas, was to be the result, they evidently betrayed their opinions of the consequence of their claims. The comprehensive mind of Mr. Pitt, how- ever, was not to be deceived : he heard the complaints of the West India Merchants ; he read their great champion, " War in Disguise;" but supplying himself the case of those who were not heard, and considering- the general interests of the country at large, his conduct remained unaltered, w itii the exception of some encrcased vexations to the American trade, which will be noticed in their proper place. The public have indeed been favoured on this, as on other subjects, with some opposite posthu mtais opinions of this great authority, but which cart be entitled to little fveight, when opposed tq his conduct during the whole. of his Adrni- 8 nistration; every period of which, it will bo hrrcafter shewn, was more favourable for the introduction of this new system than the pre- sent, when we are prevented, by subsequent oc- currences, from deriving the most essential be- nefits it thon promised.— The last Administra- tion followed, in point of fact, towards Ameri- ca, nearly the footsteps of Mr. Pitt, and I do not believe they were more strongly impressed than he was with the sound policy of cultivat- ing a good iniderstanding with that country. If there was any alteration, it consisted more in form than in substance : the one did ungra- ciously what the other did liberally. Mr. Pitt teemed to regret a policy which he could not deny ; while Mr. Fox appeared pleased to find the . interests of his own country unite with the conciliation of another, in which he felt an in- terest. For when these favourable circum- •tances produced a mutual desire to securefthe union of the two countries by a treaty, the at- tempt I'ailed, and thfe terms insisted on by the last Administration were even, upon the whole, less favourable to America than those granted during that of Mr. Pitt. It is not intended here to enter into any exa- mination of these treaties, excepting where it may be necessary for the elucidation of the subjects> ahr«ady too numerous^ which I pr6-^ 9 pose to discuss. It is useless to consider minute details of regulations for the intercourse between the two countries, when the general policy re- mains unsettled. The difTerences which muni Tested themselves might have given trouble to future negociators, but could never have pro- duced war : at all events they are lost in the magnitude of subsequent measures. It is no longer a question how the trade shall be carried on, but whether it shall exist in any shape. The late Ministers were always accused by their opponents, now in power, of undue parti- ality towards America : two subjects of discus- sion, the American Intercourse Act, and the Pro- clamation of the 7th January, 1807, in retalia- tion of the Berlin Decree, made this a party question ; when, unfortunately for Our country, what is done by one side must be disapproved by the other ; and on the accession to power of the present Administration, the hopes of those, who had employed in yain their assiduity with all former Ministers, again revived of at last seeing the first opportunity availed of for going to war with America. Nor were they disappointed ; for the predetermination of the present Go- vernment to have recourse to an entirely new system of conduct was evinced hy the Berlin Decree of the ^lat November, 1806, of the inadequate retaliation of which they had for- 10 mcrly complained, beiii^ brought forward io jiiiitif)' the importuiit Orders of Council of th^ 1 Ith Noveiiibcr. But the fashionubh; vigour of the duy did not permit the authors of tliis measure to confine themselves to the recommendations of the com- mercial interests which had produced it : all the West India planter wanted was a prohibition of any foreign s^upply of colonial produce to the C'Ontinput, which was to be produced by a strict enforcement of the priiu'iple of the war of 1750. Sensible that after finding a foreign market for his produce, the next object of his solicitude was not to lose that of America for his rum, nor the supplies from that country indispensible for his existence, he did not wish to carry the measure further than was necessary for his own purposes, or than, according to his calculation, and that upon plausible ground, America would probably bear. But this limita- tion was not in his power, and the new orders were of a description to produce a revolution in the whole commerce of the world, and a total derangement of those mutual rights and rela- tions, by which civilized nations have hitherto been connected. This measure, before its tendency has been duly considered, has been received through the country with that ephemeral popularity which II but too pcnrially attends incnturrs of novelty Hiid violence. Ministers have not mistaken the road to puhiic opinion, in esttiblishing u reputa- tion for vit^our, the merit of which in most po- litical operations cannot be denied, though it could not be more unfortunately applied than to commerce. No brilliancy of arhievenu*nt is here able to hide ^ is exriuded, is totally pruhihited. In tlii;* |;^(>ii(>ral prohihi- tion, every part of Europe, with the exception at present of Sweden, in included, and no distinction whatever i» nuide between the domestic produce of America, and that of the colonies re-exported from thence. The trade from America to tlie colonies of all nations remains unaltered by the present Orders. —America may export the produce of her own country, but that of no other, directly to Sweden. With the above exception, all articles, whe- ther of domestic or colonial produce, exported by America to Europe, must be landed in this country, from whence it is intended to permit * I beg to diiclaim any intention to expound the literal text t it «eea» purpocely intended that no penon should profane it with hii comprehentioQ without pacing two guineai for an opinion, with the additional benefit of being able to obtain one dircctljr opposed to it for two more. What the motive can be for such studied obscurity on this occasion, as well as on that of the proclamation respecting seamen, it is difficult to say, unless it be to surprize the Americans into a belief that tb«y bo longer speak English. i 16 (hfir rf-cxportation iiiidrr riuIi rrguUiionx a.i may lifrcaftrr be ilrtcriniiipU. hy tlicNe rcp^ulutioiis, it is iiiidcrHioml that dii- ticxiire to be iiiiposrd on nil tirtirlrx so rcHvxporto cd ; but it m iiitiinuiod tbutun exception >vill be made in favour of Nue!> ha are the produce of the Lnited States, that of cotton excepted. Any VesHel, the carp^o whereof Nhall be accom- panied with certificates of French Consul.H abroad of its origin, (diall, top^ether with the cargo^ be liable to seizure and condemnation. Proper care is taken that the operation of the Orders shall not commence until time is afl'orded for their being known to the parties interested, they speak, of course, of neutrals generally ; but as they arc applicable only to America, I have named that country, which I shall continue to do throughout these observations, that obscurity may be avoided. Nothing shews more the fallacy of theory, in all speculations on political economy, than that this country, remarkable beyond all others for sagacious authors on that subject, should b« the founder of a colony exceeding in present, and still more in promised greatness, that formed by any country ancient or modern, and should have i 17 rcniaiiiod no Ioii^ in i^noranrr of* (Ik* coiimc- (|tini(-rH t(» l)(> rxpcctcd, uiid of (he iiicaiH ofdt*- rivinu; from il Hu' ^-roatfst adv:iii(au;t's. StatrK- iiH'ii appear (o Uiiw iiccii (lie diiprn ot iiaiiu'H iiiid H\««(<'iiiM. A colony Nvan railed hv (he sanu^ nann*. uiirtJM r olahli^lied in a West India i»land (ir in Ntntli America, and (lieretore the same s^'t* (em wan a|)|)lied (oeHtahlisinniMits \\ idel v ditlering IVom eacli other The conse(|nence of (his i«:;no- rancewas (lie separation of America hywar. Like (he l;reat < hani;ej< ar<' now ^'eneraiiv ascribed in an irresistiiiie proj;Mess of human events, wliicli pro- duces, and is not produced by, tht; ostensible (ritles that first arrest our attention. ' ' The apprehensions of ruin from this separation soon !:iui)sid<'d in thediscovervof ourerror. It was Kccn that natural causes had operated by force wliM we had neglected to do from foresight ; that in [giving up, though involuntarily, the narrow-nunded monopoly of the colonial system, we still retained that which resulted from our heing in every thine: hut Government the same^ people. The invisible and more pleasing ties of similar habits, laws, and, above all, language. In |»rop(»U iiof mil'. \\itliiMif iiii\ roiii|)iil!«Joii, lint ill N|Mt<> of tlir irriliihoii iiikI niiiiity wliw'ti ii riMTiit iiiul M*\rrr niiitc\rrinnnil pccnliurl) mild, to which no ohjcction hut that of nr^li|u;cn('o can be niudr, if in t>iich a (oiintrv it ran be called an objection, i» an peri'eitU Vreiieh as the day it was con(|ner(!d. The I'Veiuh of Jionisiuna are in tin* same state Tl le successive (jovernnu^nts of Ln^land, S|niin, nnd America, still l(>a\e them I<'renchmen, and the people of both those countries would aiVord the «ame proof of tin; inveteracy of early habits, if they were allowed a choice in the most import- ant or most trivial conccrnii of life, in the go- yernment tliey would live under, or in tlie coat they would wear*. * It ii a lingular circumstance, and may lervc to iiippretc (tie cagcrncai wiili which natiuns endeavour to impote their own law'*, and the contempt thejr arc apt to (hew for thoiie of other countrie* 10 Tllf! iiil\iiii(ai!^rii of (Iii«t iiuciiHilih* inu lopuly wvtt' pcrlVt'llv iiiMltTNtoiMi liv l<'rtiii(r mid M 'rnllr\raiHl, in hit " iVInnoin' Hiir lr« Udiihoii* " f oiiiii)('n'iul«'H (i(«« l<',(u(<4 I' Ilia uv(m: ^/\ll^-|(•« "(orrr," Iiuh rxuiiiiiicd liir Huhiii t \«i(li piirti- riilar iVIirilv niuI pnu'trutioii, mid Miiu:p*»ti4 (Iky policy of NOiiH* hiiiiilur CHtabliMhiiieid on t\\c purl (tl rnincr, bv wliirlMlir liciirtiU IiojiihIIv siip- poscH it to ('oiifcr itiuv be I'oiiiitcrb'.iluiu'rd. In (lii!4 ('oiinti'\, liowoNrr, it docs notapprur rxT to liuvi' b(Tii properly upprcciatrd : llic ('\(>ii(m of a civil war left luidirally deeper iiiiprcikHitnii uii tlic iinHuett'Msi'dl (liaii liie iiieeeHsrnl part\. and while ovcrv little stutc of lliirope wan eric'an ronn of (ioveriiiiKMil in I.uui«iitiia, (ho piiiicipul nlijcct of riislikv Mat (lie trial b^ jury, lluliit bad made tin* Louiviunian pivt'cr the arbitrary iind frcqui'iifly corrupt dcciiiuu of u 8iii;;le jinlj^o to (hose pure ft)rnu of trial which uit £D|;liih Coluiiint would liuvc juativ coiikidcrnd i.i inviiluublc. D 2 20 avow il, have displrascd us, and seiifimrnls li;i\c been iinpcrccptililv riu'oiirai»Td fownrds lirr us iinc^onrrous as tliey arc ini|)(divhich at every period of our distress '\$ turned ap^ainst us, this increase of trade, ^vhich wc cannot dispense with, is transferred to a coun- try whose policy is necessarily that of peace, and w'.iose form of j^overmuent, and political institu- tions, render a steady adherence to that policy inseparable from their existence. Our distance and reserve in our public connection w ilh Ame- rica, have perhaps so far been of service, that they may have partly concealed from our enemies the intimate connection of the industrious indi- viduals of the two countries, which, if properly understood, might have induced cflorts to en- courage a return to the more beneficial channel of neutral trade, which tlie northern powers evi- dently afforded to the Continent. But it is un- })ardonablc i>at we should ourselves remain ig- norant of the advantages we have derived from the change, or that we should entertain any jealousy of the prosperity and wealth it has produced, which liave not only served to cir- culate the produce of our industry where we could not carry it ourselves, but, by encreasing* 'i-i f\\v nioaiiM of Am('rir:i, linvr inii»iii('iif<(l in llic »nnw proportion licr ionsuniplion of (hut |)ro- iiutc at a time \\\\n\ the loss of our former fustonicrs, by tlw^ persecution of our enemy, ren(ler!4 it most valuahle. The nature and extent of Anieruan eoinniercc, with ourselv(>s and with our enemies, will he ex- plnined when ihe operation of the Orders in Council arc eunsidered with reference to our ini- niediate commercial interests. I shall tirst exa- mine tlieir consequences to America. A most ingenious and fanciful plan has been formed, which indeed, t(» lie completely successful, wants only tho concurrence of one man, but that man is the Emperor of France, whose dissent has been totally lost siji'ht of. The Americans are to brini»' to this country all the produce of their own, and all that of our enemies' colonie.n wliicli they export to Europe. We are here to form a g-rand em- porium of tlie costly produce of Asia and America, which is to be dispensed to the difl'er- ent countries of Europe under such regulations as we may think proper, and according, I sup- pose, to their good behaviour. Taxes are to be raised from the consumers on the Continent, and they are to be contrived with that judicious skill, which is to secure to our own West India Planters a preference over those of Culia and 1 2:i Murtiiiiqiio ; a (list iiict ion wliicli their zoal in promotiiii;- tliis j»Tan(l discovrr^ corlainly il<*- MM>»'( \V Iiaf Iiu;lj( lias ail at owvc l)rok(Mi in upon us, and by wliut iirnorant statesmen we have Ikhmi l^ovi'rned for iAV last lil'leen years ! The seeret is at last (liscoyered of innkiiij!: France herself tributary to the lortunes of iiuliyiduals, and to the reyenues of the state. After eoin]dainini>: su lonj:^ that she Nyould not employ us as her factors aiul manufacturers, yye are now, by contrasting the rich emporium of luxuries on one side of the chaimel with the want and poverty of the otlwr, to olfer an exhibition too tempting" to be re- sisted : we are to be supplicated in terms of distress to permit the people of the Continent to buy of us the rich produce of the East and of the \\i»st ; and, as nothing short of extreme distress can produce such a miracle, have we not also at last found the means of lorcing J5onaparte to a peace ? It is diflicult to con- ceive in what brain, endued vyith the smallest portion of common sense, so visionary a dream could liave been engendered. Is there a man so perfectly out of his senses, so totally ignorant of the state of Europe, as to suppose its executiou possible ? ' The whole merit of this wonderful discovery must evidently depend on the voluntary or 2i forced coiicmnMirc of the enemy ; and if lh« iiieaiis from wliieli this inipht be expected were satisfactorily cxphiiiied, it would indeed be a prodii^y of political wisdom. It is to be hoped that some information as to the practicability of our plan has been communicated to the Ame- ricans. If they really could be made to believe thai the people of the Continent would buy their produce in our ports, it nii^ht go far in preventing that general hostility against us, which the more sober conclusions of that peo- ple, as to the consequences of our measure, must produce. Those consequences cannot in- deed be mistaken. The farmer as well as the merchant of America must know that they might as well throw the produce of their own country, and that of the West Indies, for which their own has been exchanged, in'i the sea, as trust to any beneficial disposal of it in this country, beyond the amount of its immediate consumption, and a very limited vent by con- traband to the Continent, If the people of America should be deluded with the expec- tation, that we can really distribute on the Continent their immense mass of European and Colonial exports, and should send it to us for that purpose, it must infallibly rot in the ware- houses of the great emporium. If the indus- try of our smugglers can get rid of one-tenth ^ part of it tiloy will bo fortimiito, as uli the ftr- ticlt's, and piirticiilarly those of llicir own pro- duce, arc very Imlkv. Takinu; as an instance the principal artich; |)rodnccd in the middle Htat','s, wo should rccoivo about 80,(XK) liojj^s- Jioads of tobacco, of which our own consinnp- tior would take 12,0()0 — what is to boconie of the rcniaindor ? Nor wouUl America los(» only hor export to foreipi jMirope; for such would be the glut of every thing in the emporium, and such the consequent depression of prices, that even the consumption of this country would in part be lost toherbytheinath'quatcreturn, which would hard- ly defray the charges of bringing it to market. The consequences of such a state of things must produce ruin to every class and description of persons in America, and they are indeed so obvious and so inevitable, that one cannot avoid thinking that they must have occurred to tlie Iramers of this new system, and that the great advantages they expect to derive from other parts of it had reconciled tJiem to the loss of those resources, which the extort and variety of our commerce with America afford. -—We shall hereafter see how America pays us for the British manufactures she consumes ; how that consump- tion encreascs gradually with her population and her wealth ; that one of her principal means of payment is derived from that intercourse with the Continent, which wo arc so djslrous to sup- prcsH ; whence it will bc^ evident th.it the ruin which must ensue Iroui the proposed system will fall upon ourselves by a cessutiou of demand B. 27 rhich loB this the public papers have uboundcd, Heem chiefly calculated to intercHt the fceliiip^s in fuvoiir of measures which have been previously ilie result of calruhition, yd their eflfects arc extremely inipoitiiiit. In the present crisis, though the means and strength of the country should be preserved and encouraged with the utmost care, yet the resource on which we must principally rely, and of which we can for no consideration admit a sncrifice, is the independent spirit of the people ; witliout it, our wealth would rather hasten than avert our destruction. If our dan- gers were greater than they are ; if we were contending with an army already on our sliores, the tone of Government towards foreign coun- tries should never change ; for, however ex- treme our peril may be, it is by firmness and courage only that wc can have a chance of safe* ty. If, therefore, the conduct of America has really been what it is represented, it would be the extreme of meanness and pusillanimity, as well as of folly, to be calculating the profit and Joss of the duty towards ourselves which it would impose. On this point the public appear to be so gross- ly deceived, that I shall endeavour, by a general review of our conduct towards America, to cofr rect errors which uncontradicted misrepresenta- e2 28 lions linvo every nvlicrc cliMscminntcd. This mode orexuininution will also inirodiicc iiii uccouiit of the ^ruduul ^rowHi of the roininrrco of iliiii country, and rnablo us, by determining our own opinion of tin; justice of the Orders in CNuuicil, to form a pretty correct one of the reception they are likely to nieet\\ith in America. I am well aware of the general unpopularity of the side lam taking, and more particularly in this part of the discussion ; but I am also per- suaded that it is principally owing to the pre- judices wliich it is my desire to remove. The dangers which surround us are of too serious a nature for any man to be deterred from giving a sincere opinion where he thinks it can be ser- viceable ; and I shall therefore feel perfectly in- sensible to the insinuations of those whose nar- row minded illiberality leads them to see sinis- ter motives in all opinions opposed to their own, and which it is the characteristic of the most bi- gotted ignorance to set up as the only standard of truth. National vanity is a prominent feature m the character of every country ; the good opinion the great nation entertain of themselves is pro- terhial ; the Americans gravely debated once in congress, whether they should style themselves the most enlightened people of the world — and u 29 flisfini^uishcd member of llie lIouAe of Com- mons * seriously dcclurecl in it, luul was no doubt as seriously believed, that wc were (oo honest to have any politiral eonneetions with the Conti- nent. — There in something so unliable in Ihc sentinienf, that lik<* (he mutual partialitieit of parents and children, it is an unpleasant task to quarrel with it : but in the present instance, when j^reat national objects are to be decided, it becomes our duty to divest ourselves of a [»ar- tiality which nuiy mislead our judgment. If "we are really desirous of avoiding the dani»;er of involving ourselves in an unjust and impolitic war, we should not believe the vapouring asser- tions of our newspaper?, and leave the Americans to be guided by theirs, which would confirm both countries in the opinion that they have been equally models of justice and forbearance; but, by a rigid examination, we should endeavour impartially to ascertain what have been the con- cessions which wc Iiave made, and what the insolent pretensions of America, which arc to weigh so heavily against considerations of policy and interest. Such an examination will be attempted in the following historical account of the neutral com- merce of America, and of our conduct towards it; • Mr. Wilberforce. 30 wliirh will (Miablo nw. (o (-x|ilaiii many rirruni- lUiiccs not wrll iiiulcrfil.xHl at present, uiul to correct inuny no (l(»ul)t uiiintciilioiial irrors, into %vhich the nutlior of " War in Di.H^ui^^e" hun led the public from tho rircunistancc, probuhly of his relying too nnirh on the recoitls of the Court of Admiralty and on puhlii*. newspapers for his eonunerrial opinions. Though we hIiuII not frequently dilVer as to facts, it will be seen how differently the same sto.y may be told; and the public may be able to form a more cor- rect opinion, when the merchant uh well us the civilian shall be heard. Lest any of my remarks should induce a contrary inference, 1 beg leave to preface them with the declaration of my rcHpect for the intentions and talents of the ingenioUH author J who is not otherwise known to me than by his worksj and my sincere regret that what appear to me more sound commercial views have not the advantage of being illustrated with equal ability. Every maritime war in Europe, since civiliza- tion gradually made the benefits of conmierce appreciated, has produced discussions about the rights of those nations which remained at peace. In some instances their commerce certainly suf- fered; but where their rights were supported, the balance of advantages was greatly in their favour. The Belligerents themselves found a mutual be- 31 at .'C nrfii ill M thry derived from thin intercourse produced oreasional interrup* livh(!ii nIk; ahHUiiicd (hut (-iiuructrr lirrM'lf^ The nriiird iinitrality, which had tukeii phico At thr v\o^v of i\\v forincr war, hud hroii^ht tho •tihjcrt iiiidtT vrr\ p;riioriil disciiHMHioii, and had at U'usi the iidvuiitap! of lixin):; tlu* opinions of inodrratf* ni«'n upon it, hy reii rise. The hading points of discussion were, whether tlie piOperty of an eneni_y on hoard a neutral vessel shouUl he condenuied ; under what circumstances and re^uhitions a portnii^^ht be hh)ckaded; and what artich's were contra- band of war. Hut Great Britain had once maintained a (h)r(rine of an importance to neu- trals far exceeding; any other, and hy which she could e\tini>;uish al her pleasure all the increased trade which a stale of war c;ave them, without making any compensation for the inconveniences of such a stale ; (his wa» what is called the rule of the war of 1756 — which declared that a neu- tral had no right to carry on in time of war a trade prohihited to him in time of peace. It cannot be denied that on principles of gene- ral reason, much may be said in favour of this limitation of neutral trade, especially when ope- ai riitiii^' iii.itrriiiTIv on the rcKiilt of (Ik* war; but f(Mniik«* (liii u |i!ir( ofllir ta>v oriiatidiit, it i>« nut Mlili< init (hat it mIiouM Uv abseiled by oiw (lowcr; it iniiot lik(>\visr lie aditiittcd h\ otlwri; wliicli i« NO Car iVoiii Inninp; lirni (lie ra*<«', that in all oiii' (li*«Mis<4ioiiH aliout neutral rif::litH, hc Inivc nol ily only ncM r (»l)ti iiicd iVoin an> nation a rccopii- t >f til il«*, hut it (h n)n ol tins ruir, hut it docs not v\n\ appear to have Ihmmi ut any time Neriously insisted upon. The >var nt deropitinu; frtnii the exalted character of (he late Lord Chatham, much of that success was owiiii:; to the particu- larly weak state j»f the I'rench court. At no |)eriod since the union of the feudal pro\ince.s to the crown of l''runce, was that country in j«lU'li u Htute of ind)ecility, and no moment < oiild conMe((uently he nmre favourable for establishing; a precedent whiut their xvishrn and their interest were stronu;l} <»n the side of the kinp; of Prussia, thenstruu-glint: for his existence; and, with the rest of the neutral world, they wero under apprehensions from the union of Austria r ' i I :]4 and France, wliich luadr ihcm view w ith iiidiftVr- cncc the strong nieasnrrs of dcfen.e adopted against a Iragii'j so formidable to tiie indepen- dence of Europe. Under sncli eircunistanees, thi>' important rule, which we are told is always in force, thou«,]f it has never since been acted upon, was cBtablishcd. The practice and usage between independent nations, where no particular circumstances occur to produce an undue bias, is perhaps the best criterion of tlic law of nations; and in this re- s^-icct no treaty can be taken as a safer guide than that of the 17th June 1801, wiih the pre- sent Emperor of Russia, at his accession to the throne. The state of our relations with that monarch at the time, afforded an expectation v.'hich was not disappointed, that tlie conflicting interests of tlie belligerent and neutral would be settled with mutual moderation and good sense. In that treat} , not only the rule of the war of 1756 is not recognized, but the right of the neu- tral to trade with tlie colonies of our enemies, and from his own country in the produce of those colonies to the mother country, is expressly stipulated. What then can be the object of holding np this rule as the palladium of our maritime rights, or why has it so long lain dormant ?• Instead of America being accused of a disposition of en- <'roii('liin(Mit hostile to our dii^iiity, in refusing to admit into the law of Nations a principle whieli has neither hcen admitted by or enforced towards others ; are we not rather ourselves wantiiii^ to ou'* own dignity in proclaiming a law which >ve have never ventiircd to defend; irj setting' up u right which by our treaties with foreign nations, we have ourselves encouraged them to co!itest ? Hut it is said that, though in our treikties, and particularly in the one above mentioned vith Russia, made, as the preamble expresses it, 'Mo " settle an invariable determination of the prin- ** ciples of the two Governments, upon the rights " of neutrality," . . . . ne\itrals have been per- mitted to trade in direct violation of the rule; yet that rule Las never I)een formally renounced: this is certainly true ; and we shall joon see why it is retained by us as part of the law of nations, and that it is by maintain, ng a nominal right of extreme rigour, while tcreign nations were kept quiet by a practice under it, which we termed relaxations and concessions, that occasion has been given to those just complaints which wc are called upon indignantly to resent. It is admitted that this rule, for what reason it is not material to consider, was lost sight of in the war which ended in 1783, and which brings us to the period of American independence. — r.9 30 Wlirn the wir with France In HO.'J (irsi brok** out, the recent assistance which America liad re- ceived from that country, and the early popuhi- rity ot'revolutionaryopinions, mad(^ it >erydoul)t- I'ul whether the feel in^so'' the people would admit of their neutrality heinji; preserved ; hut the con- fKhiice universally placed in (ieneral Washini:;- ton enabled him to follow at this critical period the manifest interests of his coiuitry. On our pan, our conduct towards neutrals opened most inauspiciously, and the Orders of thc()th November directed our cruizers "to stop " and detain for lawful adjudication all vessels *^ laden with t^oods the produce of any French " colony, or carrying; provisions or other supplies " for the use of any such colony." This, in some; respects, exceedcdthe rigour of the rule of 175(). There was no attempt to determine to what ex- tent the neutral had a trade with the enemy's co- lonies before the war, but the whole was devoted te condemnation. This Order produced, of course, a ferment in America, where the Government, having determined on neutrality, was equally resolved to support the rights of that character. Before, however, tlie manner in which the Order was received there could be well understood here, we reversed at once, by a second proclamation in Jiinuary, 1794, the rigorous decree of two months before, uy pjrdcring our cruizers to seize only " such vessels as were intlni with pjods the pro- " (luce of Iho ImciuIi West India Islands, and *• roniiniL* directly IVom any ports of the said '' islands to Miirope:" and thii indulgence, as it is called, >vas further extended in January, I71)S, by an Order permitting neutrals to carry theproduce of enen»ies' colonies, not only totheir respective countries, but to (ireat Britain, which remained in forccMuUil the peace of Amiens. It is not easy to account for the precipitate conduct towards neutrals in the first Order, and its subsecjuciit r<;vocation. America could not luive been heard on the subject, thou«:;h her senti- ments mij^ht well have b'^en, and probably were, anticipated. The increased relaxation in 1798 was certainly voluntary, and though the ground ofthe whole of these proceedings is unintelligible, it is evident that they could not have originated in the pretensions or encroaclmients of America. In November, 1794, an attempt w as made by treaty to introduce a modification of the rule in .|ucstion^ by stipulating, in the l^^th article, that America should not export to Euro])e articles the produce of the West Indies, by which her trade with all the European colonies would have been confined to the extent of her own consumption This article was rejected on the other side, and that rejection assented to by the ratification of (jJreat Britain. 38 By flic san?c treaty, (Commissioners wen* ap- pointed to determine the eluiniM oi' Anierieaiis, ** for illegal captures or condenmations of (heir " vessels and other property, under roloiir of au- " thority, or commissions from his Majesty." They sat in London, and awarded very lar^c sums to the claimants t'or losses sustained, prin- cipally, if not wholly, from the execution of the instruction of the ()th November, l?9.'J: nor can it be p. '-' u'ed that the decision of these commis- sioners is e attributed to the majority of Ame- ricans composing it, for it was well understood what were the illegal caplurac, as the treaty called them, upon which they were to decide. During the remainder of the war wliicli ended in the peace of Amiens, America, ab- staining from taking any part in the extravagant pretensions of the Northern powers, which she well knew originated in considerations to- tally foreign from any desire of arranging equitably the relative rights of belligerents and neutrals, continued to carry on her commerce, without any further discussion with us about principles ; but, in consequence of some com- plaints of the conduct of our Vice-Admiralty Court, these principles received a memorable confirmation by the correspondence between Lord Hawkesbury and Mr. King in 1801, which ex- plains them with a precision and clearness that S9 has created no little embarrassment to tboflc who have attempted to justify out bubsequeiit contluet*. • Great Cumberland Place, March 13t 1801. TVIY LORD, The decree of (he vice admiralty court of Numnu, a copj of which is annexed ( 'undcuioinfc the cargo of nn American vcih-I, fcoini; ftrom the United Sinte« to u port in th«; Spanish colonics, upon the grouitd that the articles of innocent niercliandixe composing the same, though bona fide ncutrai property, were of the growth of Spuiu, having heen ■imctioncd, and the principles extended, h^ the prize courts of the Hritish islands, and particulurljr hy the court of Jamaica, has been decmcti sufliciont authority to the cuuimanderii of the ships of war und privateers cruising in those seas, to full upon and capture all Ame- rican TesHcIs bound to an enemy's colony, and having; on hoard an/ article of the growth or manufacture of a nation at war with Great Britain. These capturcM, which arc vindicated hv what is termed the belli- gerent's right to distress his encmj' by interrupting the supplies which his habits or convenience may require, have produced the strongest and uiost serious complaints among the American merchants, who have seen, with indignation, a reason assigned for the capture and confis- cation of their property, which is tulully disregarded in the o|irn trade carried on between the British and Spanish colonies, hy British and Spanish subjects, in the vcrj articles, the supply of which, bj neutral merchants, is unjusll;r interrupted. The law of nations, acknowledged in the treat)' of amity, commerce, and navigation, between the United States and (Ireat Britain, allows the goods of an enemy to be lawful prize, and pronounces those of a friend to be free. While the United States take no measures to abridge the rights of Great Britain, us a belligerent, thcjrarc bound to resist, with firmness, every attempt to extend them, at the expense of the equally incontest- able rights of nations, which find their interest and duty in living in peace with the rest of the world. So long as the ancient law of nations is observed, which protects the innocent mcrchandi/c of neutrals, while it abandons to the bcliigerenf the goods of his enemy, a plain rule exists, and may be appealed to, to decide the rights of peace and war: the belligerent has no better au- thority to curtail the rights of the neutral, than the neutral has to do the like in regard to the rights of the belligerent; and it is only by an adherence to the ancient code, and the rejection of nioderu glosses, 40 Wo licrc SCO tliat this lunnorabh* rule of 17r)(), Mjc loiiiulation of those ninritimc ri'»ht«« (hat t'lxoil nn*l prrrixe riili'i ciin lie foiiiul, denning (lie ri;;lit«, and re- gulating; the tluticH uf iii«ii-|)LMulrnt Nluten. Tint unlijrct i* of >iucli ini|M>rtanrc, anil
tc of tliuHe of iieulraN, Uial I shall, williout loss of lin>e, i^ultniit to your iordsliip'i connideralion such further rellectiuni rc!*pecling the Hume, us its great iiupurlancc appeari) to demand. Jn (he mean time, as the deciiiions referred to cannot, fioni the nn* avoidahle delay which attends the prosecution of appeals, be spcediij reversed, and as the elfect of tluise decrees will continue to he the un> just and ruinous interruption of (he American commerce in the West liuliu seas, it is ni> duty to require (iiat precise instruclions shall, with- out delay, be dispatclied to the proper ollicers in the West Indies aiul Nova Scotia, to correct the uliuses which have arisen out of those ilio- gal decrees, and put an end to the depredations which arc wasting the lawful commerce of a peaceahlc uud friendly nation. With great consideration and respect, I have the honour (o he, your lordship's most obedient and most hunihle servant, UL'FLS IvlNG. Lord Ilawkcshury, &c. &c. SIR , ' DoHmng Slrcil, Jpiil lllh, i SO I . I have the honour to acknowledge the receipt of your letter of 1 3th of last month, and (o inform you that, in consequence of (he reprcsen- ta(ion contained in it, a letter has lieen written, by his Majesty's com- mand, hy his grace the duke of I'ortlaud, to the lords commissioners of (he admirahy ; a copy of which letter 1 herewith enclose to you, for the information of the Government of the United States. I have the honour to he, with great truth, tSir, your most obedient humble servant, (Signed) HAWKESBURY. nufus King, Esq. &c. &.C. MY LORDS, Whilehall, iOth March, \m\. I transmit to your lordships herewith a copy of (he decree of the vice-adaiiralty court of Na-isau, condemning the curgo of an American 41 without wliicb we arc told our powrr cannot exist, tliongli it was rxcrriscd only for h very veitrl, Koiiii; froiii (he I'nitnl Statcn to ii port in (ho Sijiiiii^h c.olonirii and the *ncrul, ^uur loril->lii)w will iicrriMvu IVoiii hin repori, uii f^iiiici Irdiii which I eiicioiie, ihai il i<« his (i|Mniori (hu( (he »en- ti'ticc of the vIcc-atliiiir.'iKv court ii ernineoui, iiiiil foiimicil In a niii. upprcheiiiioii (ir iiiiHappl'cuiion of ihi' iirimiplcN laid down in fhc dc> ciitioii of the hi;;li <'oui°t of ailiiiinil(,> rclL-rrcd (u, without iittcuding (o the liinilationii therein conkiiinMl. In order, thcreCuri', lo put a *in\t to the inconvrnieiices aritin;; from thcHe erroneous sentences »>!' the siie ailuiirallv eourts, I have the Iuh. Dour ((> Ki^nil'v to ^our lordships the kinr's jileasure, (liat a coniniiini* caliuu of the doctrine laid down in the said report should he inimedi- a(elv made h^ voiir lordshipi lo the »i'\era! jiul^eH presiilinj<: in (hciu, netting; forth what iiheid (o he the law upon the Huhject hv Hie supe« rior tribunals, for their future i;uitluucc aud dircctioH. I uni, &c. I'ORTLAXD, The Lords Coinnii»«ioners of Admiralty. Extract of (Ire AdrnmL-CcncraVs Hqinrl, dated March Jfl, 1801. I have the honour to report, (hat the scntenre of (he vicc-:Mi. niiialty cotirt appears to nie erroneous, anil tu Itc fuundetl in a niisap- prehension or niisapplicntlon of the principlen laid down in (he decision of the court of admiralty referred to, without attendin)^ to the liini« tation^ therein coutained. The general principle respecting the colonial trade has, in the course of (he present war, hceu to u certain dep^ree relaxed in consi. deration of the present stale of coinnierec. it is now distinctly un- deriitood, and il hast heen repeatedly ho decided hy the hi»h court of appeal, that tiic produce of the coloaien of tlie enemy may he im- ported hy a neutral into his own (.ouiitry, and may he re-exported from thence even to tiie mollier-country of such colony : ami, in like manner, the produce and inamiractnies of the mother rountry may, in this circuiioun mode, legally lind their way to the colonics. Che direct trade, however, hetwecn the mother country and its colonies, has not, 1 apprehend, heen recoj^niscd m legal, either hy his majes- ty's governnienr, or hy hiii tribunals. What is a direct trade, or what amounts to an intermediate inipor- ta(ion in(o the neutral country, may sometimes lie a question of some difficulty. A general defmition of cither, applicable to all cases, cannot well be laid down. The question must depend upon the parti- It •hori poriofl, wai, during the Innt war,— FirMt, voluiiUirily ahiiiuloiicd ; — Srcuiuily, cumprniia- t ion NMiH uftrr wards umdv for tlic cdiiNCquniccs of tin fnnporary rxrnitioii \ty un act wliicli {iti^niuii/cH (liaf cxrciilioii as illojyi^al; — Thirdly, n forinal Ircal)^ Nvilli a friendly power esta- bli.siu'd principles directly opposed to it.; and, P^inally, that those principles were most explicitly applied to America. Bnt still no distinct disavowal had been made of this rule jFbrming part of the law of nations ; a circiim- stance on which much stress is laid here, and very little in other countries. Foreipi nations look naturally to the practice and to our public acts. In neither could any trace be found of these dangerous pretensions ; and it became im- material for them to ascertain how we rce^ 4^ to y, iai " rortiinut^ rt'alinH \u\* an infi'iVNt in tut;!! " II nMiiincrce bcyoiul hiM \vi(li wliirli thin rrroiiet)iiH opinion Iirh Ixhmi inforcinl, i do not of couritr nicuii (o niuintain the ponitive confor- mity of ovt'ry parhcular rase to my poHJlion ; all \M' have to do with is' (he i^cnerul cliaructor of the trade in ({urNtion. Tlie ehararln* of that trad<» v\an certainly such as it i.H repreKcnted iiy this author at the be- ^innin;;:; of the war in I71KJ, and it has been that of (he neutral trath* of the northern powem in th(! present as well as all fornu'r wars ; but the trade of America, though be|;'innini^ partialljr on the Name plan, han, from natural cuuscfl, taken a dilferent course; and thouj»;li this asser- tion were not as it is susci'ptible of the i learest denKmstration, yet I w(»uld coniidently appeal for the truth of it to the information which Go- vernment must receive from our centure an Appeal to our Pri/e Courts, whether, in the lunnerous cases which have been brouicht l)efor<* them, the general complexion of Annuicau commn (h:it the Amf^ricunM hu>r nt^vrr t*q nulled tlio iMiroprun nrulriils in tiiin rrsprcf Tlicir diNtuncr from tlioM? who must br Mnppoiird (o l)(' llirir principiils iM too ^rcat, and the) labour iindrrtbc additional disu(I\antap> of their ubolc rorrcNptMidnuT, bv passing; (he ocean, brin^ mu'OsHurily Hubjcct to onr inspection ; uliieb, though MOinv cases ini^l;hers, &e.und theireusy eoniniunicntion, similar habits and lau^riiaj;-e of their seunien, for they may be 'lid to t:verr fir»( iiifoniirtl of thrill by the iiiitliora, \%lio apprur to Iium> iiMto- nulled tlic public- with tlirir (li-iiiiiuMiitioii ; and they ii)ii*tt hiivc liccii %ury wcMk if (hey were roii- iii\('d lit oth(>rv%iM> thiiH fVoiii ii romirtioii thut yvc hud Ull iiit«>n'Ht ill their miHttMUMv A littl u reflection \%oiild ha>e pointed out the nature of thin intrreHt, and one o\nirHion do\\ii the river, where, until lutel) liiindredH of Duteli vef«xcLi under tliexe rnnii^nM of neutrality' inii;'ht have been urn, would havopfiven these ^a^aeioiis discover- rrs dome itlen of its extent. TIh7 would have ioiind out, that our trade with the hostile ports of the eontineiil of Miiropu could not b(* otherwise carried on ; that (he ex- portation of our surplus of \\ Cst India prei'uee^ of which we hear so much, (hat our own niaiiu factures, u subject though less talked of, at leant us interestinp:, and that in fact our whole com- nicrec with the country of the enemy, of whicii we feel ho sensibly the deprivation, had no other means of conveyance. That we cannot precisely take the ad\an- tage of such connivance without sonie corre- spond in<2^ disadvantai^e, there is no doubt: the fraudulent neutral, siiilercd for our benefit, will frequently carry the property of our enemy ; but it bus uiways hitherto been considered that 48 a§ our »trrn2;th and rrsoiirccs clrpondrd so muf 1i more tliaii tlionc of our eiicinics on a frrr cit ciila- Hon of conirnorrc, our aoct- ing it; and it may perhaps incline ihose, who persist in consi'ering this instance of self-deceit ?s a grievance, to give a pit lerence to Amerir an iiciifrality, by s'lggrsting that geographical dif- ficulties, and still more, those arising trom dis- similar habits, must ever prevent (hat exchange of shipping which they deplore. A Dutchman will make a tolerable Dane, but he can never be mistaken for an American. The only instance of America being accused of this practice is in the evidence reported to the House of Commons by the W est India Committee *, which, properly examined into. • Ejcl get from the Evidence of Mr. fVilson before the fVeat India Committee. Q. " To what causes principally^ do you attribute the present '• tlistrcssed state of 'he West India colonies? — A. I conceive the " cause? of tliat (o he, first, the too high duty which k laid upon the 49 >vould certainly not have justified the inferences drawn from it. There can be no chuibt, tVoni tlie respectability of the evidence, tha< ihe fact he states came within his knowh^dge; but from Hie gener:il romphxion of the report there is every reason to suppose this very important sul)ject would have been more minutely examined, if any result favourable to the evident tendency of its arguments could have been expected. It would have been highly interesting to know how many instances had been discovered, as by pointing them out to our Government, redress might have been obtairied by application to that of America, whose strict attention to the cha- racter of her Hag has alsvays been remarkable. The vessel so obtained b^' an American citizen could never have an American regisler, would always pay the duties of a foreign ship; and. " article ; next, the relaxalio'i of the system towanls iieutrals, *' enal)ling Iheiu ' 'ipi, bought by neutrals, to enter their ports as if still '" MTTjing the orie^inal flasf, making u difference in the duties ))aiil •' iu France upon foreign ships, 27 francs iifiy c.-'i's. or 23 shilliugs; " by Freueli ships '^2 francs liUy ctnts. or J * shillings per lO'J *• French pouuds of suffar, equal to .ibijuf one Imndrnd weight, " that measure producing: the additiou.il aavantiiire of iceepiu^ their '• own ships in employ durinar war time, as oy bond the purchasers " of tho.«e ships are engaged to reinstate theiu in Irenuh ports within " a twelvemonth after peac. " Though neutrals oniy are mentioned, tills charge was well undcr- ttood to apply priucipally to Americans. u 50 r\vi\ to have tiic right of imviguilii^ under Ihfe flag, the owner must have been guilty of direct perjury, by swearing that no person but himself had directly or indirectly an interest in her ; and the evil could have been cured by our seizing and condemning such vessels wherever they might be found, which could never have been complained of by America. The inference drawn by the witness iu this case, that the distressed state of our West India colonies was, among other causes, principally to beattributed to vessels so circumstanced, being permitted to import sugar into France^ at a duty of 4s. per cwt. less than was paid by others, should, instead of inducing the committee to repeat it, have led them rather to receive with caution his deduc- tions from facts. There are, no doubt, instances in trade of ope- rations evidently ruinous to those who undertake them, but such casual errors soon correct them- selves, and the truth is more easily discovered by examining >vhat the interest of the parties must be, than by taking up an insulated fact by which to establish it. In this instance, from the slie^- ' evidence I have mentioned, a conclu- sion is d awn .that 7Z(?ar/i/ the whole French mer- cantile marine is transferred to neutrais, to be keld by them during war, and to be returned at iA, 51 a peace. Is such an operation on the part of an American to be reconciled to any culciilatioiiH of interest ? The French proprietor must trust a very pe- rishabh; property at a dj»tance, when he could to grrater advantai^e have sold it outright ; and the FVeneh Government, which is supposed to have authprized the sale, would better answer its pur- pose of having a mercantile marine on the return of peace, by permitting then the purchase uf neutral vessels. The American purchaser Iv-is, as his only advantage, the right of importing sugars at a re- duction of four shillings the hundred on the duty, but he must, in the first place, 1 suppose, be paid for his perjury; he must then, duringthewar, trust very valuable property in a vessel navigated un- der a sea-letter, and without a register ; and it is known that a considerable difference is always made in the price of insurance 1 believe these disadvantages would be a full i;alar.ce for the low duty, but he certainly would be left a con- siderable loser, when \t is considered that in America he would be liable both for his cargo and his tonnage to foreign duties ; that the prin- cipal article expc rted from France to America is brandy, the duty on which is about 50 per cent, on the first cost, to which 10 per cent, would in this case be added. These circumstances must satisfy any person acquainted with the com- u 2 .» 52 nierce of America, thut the transaciions coni- pliiinod of can have no extent, if it were not far- ther conlimied by the fact that France Inul, at the breaking out of the present war, very little shippinsj; to transfer. I have been induced to take more notice of this business tlian its im- portance may appear to deserve, from the exai^- gerated consequences attributed to it by others; from the attempt to make a plausible impression on those who wcr*^ not able properly to appre- ciate it, and from its appearing to have been the cause of the Order in Council, directing the capture of all vessels transferred by the enemy to neutrals — a measure to which there is no other objection than that it is certainly a violation of neutral rights, founded on u most erroneous opinion. . • It is certainly a circumstance much in favour of the neutrality of America, when compared with that of the Danes and Germans, that it does not screen from our hostility the vessels and seamen of our enemies. If our trade to Hol- land and Hamburgh had been carried on bv Americans, instead of pn tended Danes, Papen- burghers, &c. we should not now have opposed to us so great a number of able seamen, and the Dutch and Danes would not be able to add to . the power of the enemy those sea habits and na- val skill which it would be of much more im- a 53 portanro to us lo" havo destroyed than ships and naval stores, which a short time will replace *. While the Northern nations continued neu< tral, the consequence of their competition "with the Americans was found hy experience to he, that the former engrossed much the largest por- tion of the Eurepean carrying trade, as also of >vhat has been called the neutralizing trade, where the only benefit of the neutral was his freight, and that additional compensation for a false oath, which we are told, and no doubt if to be had at all, is a cheap article on the Conti- nent. They could navigate their ships much cheaper than the A.mcricui.s, and by their situa- tion and means of communication by post, they could establish and «'ary their train of frauds in a manner that the distance of the others, and the examination of their correspcndcnce hy our cruizers, rendered impossible. But, on the othor hand, the situation of Ame- rica, the value of the produce of her own soil, the want of that produce in the West Indies, * In estimating (lie advantages of the Danish expedition, the iinporlancc of ship!) and stores as an ingredient of naval power appears to me over-rated. It is in seamen only we find the enemy cannot equal ps. If our ships were all destroyed in a day, our naval power niiftht soon be restored, if wc had, as Den- mark certainly has, the means of procuring others, and of maintain- ing in the mean time our independence, i^ut it is now discovered that wc have lost hy capture, and the Danes have consequently gained as large a quantity of stores as we brought away. 54 and the early assistance of the capitals of thii country, not only p;avc her a drcided advantatt;e out of the European seas, but have enabled her to convert what was before a trade of bellige- rents under a neutral mask into bona Jidc adven- turer of neutrals for their own account. Several circumstances concurred to promote this change. The Dane and the Swede, in sending their vessels to the West Indies, could contribute towards the adventure nothing but the ship ; their countries furnished little or no- thing of what was wanted there, and the superior capital and commercial advantages of their neighr bours the Dutch, kept the northern shipping em- ployed for them, and for France and Spain, whoso neutral trade during war was generally managed through Holland : on their return, as well as on their outward voyage, they must necessarily pass ale ig the coasts of their employers, which gave every facility to this mode of proceeding, from which little more than a good freight remained with the neutral. — But America, in entering into this commerce, was differently situated. Her distance from Europe prevented her merchants from being set at work to any extent for Eu- ropean account; while the great value of her own produce, which was of first necessity in the islands^ brought her forward very early as a prin- cipal. The assistance of British capital was 55 also of ^rcat service at that period, tliou^li hef own iius since so much increased, that like the ertVct of European emiprations on her popula- tion, what wan once a principal agent is now scarcely felt. The influence I have mentioned of similar language, iiabits, andorigin, were here Dtrongly shewn : The Dutch, with a commercial interest of three per cent, trusted none of their money in the advantageous speculations of these new merchants ', no manufactures, even of that dr any country on the Continent, were or are now lold to them on credit; while our merchants and manufacturers entered with avidity into this new and profitable field. The value of the domestic produce of Ame- rica, and that of the manufactures of this coun- try, obtained on a long credit, soon formed there- fore a capital for carrying on this trade for ac- count of the neutralj while his own increased with its importance. In the early period of the war, the old mode of proceeding, to which the French and Spaniards were accustomed with the Northern neutrals, was followed : former habits and opinions prevailed, and the means of America were then unequal to large operations ; but experience, and that tendency which com- merce, when left alone, always has to find its proper channel, gradually turned the whole over to American account. The Spaniards were, as 50 they nlway.4 arc, the lust to adopt tins change. Agents were sent out to curry on operutionM un< der the old RyMteni, which the competition of AnierieauM on their own account ulvvays ren- dered ruinou« ; and even at present the litth; co- vered trade Htill existing is probably mostly Spanish. X must again repeat, that it is not intended to maintain that instances may not be produced in opposition to tlii.4 general character of the trade of America with the enemy's colonies : property of all nations is no dotibt floating at this moment under the neutral flag; but I am well convinced^ strange as it may seem, that if the fact could be ascertained, more British than enemy's property would be found in that situation. The interest of the parties is the only thing to be considered for the purpose of forming a correct opinion, and facts Apposed to it should he considered as casualties, and received for that purpose with great caution. It would be absurd to talk of the superior mo- rality of one description of people over another. If the fraudulent trade were more profitable in America it would prevail, though I must say, and I speak from considerable experience, that the character of the great body of merchants of that country little deserves the unjust insinua- tions, in which writers on this subject have so il- liberally indulged. AT Now \vl Us coiiHidcr how i)\v iiit«'lTst t)f (lie parties coiici'iiicd fuvmirs my hIiiI Miiciit. A planter ut !Vlartiiii(|ii(>, or ni ('iibu, wants to hcII his prodiKc ut tho iiit^hcst, and to fiiriiish liiin- »v\l' with Kiiropciiii iiuiniiiiu turcs, and Aiiie- ricaii provisions, lunihrr, &c. ut the lowest prices possible; supposing, whieh is udniittvd, that he is under no restrictions, how will he proceed ? li' this is to l)«' done for Ins own ac- count under a neutrul mask, which, if he h:ul the poor Dane to deal with, would be his only re- medy, he must ship his su|u;ar onboard the vessel to the cdnsic^nment of a person in America , to whom by faLse papers it must appear to belong". The consipiee there must re-ship it to some port on the Continent; and the sugar being there Kold, the nianufuctures of Frunce und Spain would be returned in the same manner ; the provisions from America would be purchased for him in that country, and sent under the same cover for his own account. The planter must here trust his property in the first instance to strangers whom he knows little about, for the intercourse between America and the West In- dies is principally in the hands of the small trad- ers from every creek and inlet of the country, and carried on in small sloops and schoonecs : he must secondly, in making his insurance, pay a hi|j;h«r prominm for not being; ablo to warrant I hn the proprrty to he tiriitral; (liirdiy, \\r tnunt pay roiiiiiiissioiiH in Aincrini hikI Fruiicc, uiul a liifcif lUMitrali'ziii^ frrijirlit ; imd limtly, lie iiiuRt ^iv0 positive* ordrrM many iiioiitlin iM'Tori^'haiid for hit MupplicH; of the receipt of wliirh he mint alwayi he iiiicrrlain. It i* diHinilt fn imnp^iiiea morn iiiiifRtiifartory hiodc of proceeding, or that the planter shoiihl dot Hoon find out that tlie Anieriean trader can atVord to give him more for hix produce at hii own door, taking it away under \m real neutral fharaeter, and selling it where he pleases, and that in the same manner he can buy his Euro- pean and American supplies in the quantity and of a quality he may select, in a market always kept moderate by the most active competition. No precise proportion between the relative ad- vantages of these two proceedings could with any certainty be fixed, but that of the latter would probably not be overvalued at 25 per cent. It should also be observed, that a very smali proportion of the French and Spani»h colonists reside in Europe: allowing therefore for expenses of cultivation, the money to be remitted home ik of trifling amount. At no time was the num- ber of European residents equdi to those of our Cofonics ; and the French revolution produced a separation between them and the mother country, which the short interral of peace did ootremov*. i ad> v«. The rrvniui* derived from (lir Colon i«.H b^ pemoiut re»id<'iit in I'Vuiicr iiiiimI Ik> vrry triOinij^: uiid (liut rormcrly was cliirfl) from St. l)oiiiiiiu:o. 'I'lirnil- tiviitoi of (hiba urc ulniuitt all rcHidnitN in (Itut inland. Tlic colonist is conscqiirntly left more at liberty to follow bis own interest, tbon^b it would nlmont to the uume degree be tbe interest uf the li]uropean resident posseNsing eoloniul pro- pert)' to sell in the island and receive bis revenue by bills of exeban^e. Tbe very unfrequent uppearanre of bills of this description in circula- tion is an additional proof bow few West India proprietorH reside in France or Spain. Tbattliegcneral interentof all parties naturally tends to produce tbe state of tbe trade above-men- tioned cannot be diuputed ; but it must be still n;ore evident to our West India mercbants, wbeii tbey consider tbe nature of tbeir own connection witb America. Tbey bave every advantage over tbe foreigner in combining operations witb tbat country ; and Britisb property covered or un- covered crosses tbe sea at less risk tban tbat of our enemies. Rut is it not well known tbat it is mucb more for tbe bene fit of our planters to buy of Americans in tbe islands as tbeir wants occur, tban to send large orders for perisbable commodi- ties on tbeir own account P Tbat tbis is occasion- ally done is not denied ; but of tbe 1,400,000/. whicb those supplies amount to yearly, it is cer- I 2 M m f'f tainly tint Inkinp: ton iniirli to nay tliiit at Iftit iiiiirtrni-tucnticthH an* Mciit tor Aiiirrirnn ar- rniiiit. Surely tlirti if tlir HritiNh pIniittT tiiidi lii<< iiitrrctt ill thin mode of procrtMtiii^, its acl- Viiiidip'H iiuiHt he jntinitcty p^rnitrr to all ior«*i(7ii <'ol(»iii>i(s. Hut it iH a«*lirtl ill ll'iir /n'nis'f:;ui.ic* " liy >*lii»< niraii^ roiild tli(> new iiin'rhaiits of the I'liifrd S(a(<'s !)<> ald(* to piirt liasr till the coHtly rxpiirts of tUv llavaiiiiali, and tlu> otlirr Spanish ports in the W est iiidicH, wliicli now cross tin* Atlantic ii their iiuiiicH?" The origin of Aiiicricnii capital for this trade from their omii produce and frtnii Britisli credit has been already explained : if the iiiu^eni(Uis aiillior hud condescended to niak<' in- quiry into the actual state of capital and coiii- inerc(; in America, he would not have hecMi led into his very erroneous opinions of their exti'iU. Tlu^ West India trade requires in America less capital than any other, and an adventure to the islands can he undertaken almost without any actual disbursement beyond the valucof the ship ; the provisions, lumber, &c. can he purchased on a sliort credit; the British manufactures (and it is for ihat reason that, they principally arc British) on a very ion^ one, and the adventurer may frequently scv his cargo of sugar or coffee • P. 92. 61 rt'fiirii brfori! lie i«t rullcd upon (<» piiy Air liii (ititwurd iii\r<»(iiicii(. Jt in tor thin rrutoii tiiut tliiii hriiiH'li of trade in fp'iiornllv ctirrifd on hv (lir more iimiv cIhss < (' iiirrcliuiitit, and timt tin* opiilnil lioiiscM ronlinr tlit'iiiHclvrM uwro. to thiit uitli India und Cliinu, Hint witli Ku!i!tiu, wliirli run oni> Ix* nuinii^rd vvitli rxtonitivr cu- pitalN. lint HO Cur from tli(>r(> bcin^ any insntliii- enry ofcapilal lor (lie West India trudr, a ({nal in that ri'spcct to its cxchisivr niUr Jiu^rnicnt. The M'ctnul voyap* of West India |)rodncc re(|nir('s Utile nmre capital than tlie firMt. The importer eilher sells lor lunne < onsnniption, tor cxportati(ni, or exports hinisilf, according to hiii opinion of the relativ<; state of the markets; .those whose means or e red it are low {generally sell, the richer make their option ; if tliey ship, tliey of course select the most favourable market; but whether it is in Enp;land, Holland, France, or Italy, the amount, after payinc^ sometimes for a small return car;i;o, is |)laced at the dis- posal of their correspondent in London, who, act- ing as banker, withdraws, by means of the foreign exchanges, the property from abroad, and ac- cepts the drafts of his American correspondent, which are remitted to ))ay the original debt to the British manufacturer. In this part of the 'U^ I iii 62 i^r^nsaciion, credit is aj^ain more wanted than €a|Mtal ; iW. London merchant, if he has a ^uod opiniou of the solidity of his correspondent, permits him to draw two-*hir(ls or thrte-fourthi of the value in antieipatirn; but that no disr'p- pointiuent may ensue to him from the h)ss of the vessel at sea, he generally insists on makinp^ the insurance in London, ihit he may in every tveiW be> secured. Thij mode of proceeding varies according to occasional circumstances. Since our Court of Admiralty has set its face against re-sliipments of. West India produce by the original importer, K.$ being a continuance of the ^.ame voyage, the business (>f the trader to the islands, and to Eu- rope, has been in a greater degree separated, and the re-exportation by the original importer seldom takes place. The Americans have also, for reaiions which I shall presently notice, a dislike to making iheir insurances in London, and they relieve themselves from this necessity, which is intended only for the security of their correspondent there, according as their means enable them to dispense with anticipated ad- vances. Thus we see the whole round of the Ame- rican West India trade, and that the extent of capital employed in it is subject to contraction or expansion, according to the means of the &t i country} thai it nia}' be coiuliictrd with ycrj little, and that of course it is nuire profitably conducted with more; we also sec in what man- ner part of the very huge amount of Hritish ma- nufactures is disposed of by re-exportation from America, and how we are paid for such part as exceeds oui own consumption of American pro- duce, by the exports of that and of West India produce to the Continent of Kuropc. The proportion of capital to tlic demand for it has, as might be expected, been gradually im- proving in America^ dui ing the last war. Though the legal interest is only 6 per cent., the market rate was from 12 to 20; at present it is at \\tt\6 more than the legal rate. Great assistance was derived from the establishment of public banks and insurance companies. It may give the reader some idea of the commercial means of that country to know, inat in the year 1805 there were estimated to be 12 public banks with capi- tals of about 40 millions of dollars, and 43 insur- ance conr. panics with about 12 millions capital; and, what may appear singular in a country of io much hazardous speculation^ there is no in- stance of any establishment of either description ^topping payment;, although the banks are bound to pay in specie, id on demand. But if any doudt should still remain of the assertion which I am endeavouring to prove. c+ !l! li that the trade of America with the cotonies of our CMMiiles is bona fide for their o\vn account ; if tlie interest of the parties', with the ji^eneral no- toriety )f the fact, should hot satisfy those who 8U|)|)ose that a neutral must alvvu^'s (ind his inte- rest in fraud, it is fortunately susceptible of strong corroboration, if not of positive proof, from iiflicial documents. From a report of the Secretary of the Treasury of America to Con- gress, in February 1806, it appears, that the annual amount of exports to the West Indies^ generally, calculated on an average of the three years, 1802, 1803, 1804, was-* Dollars. In domestic produce of America, viz. {)rovisions, lumber, &c. - 15,700,000 . In produce or manufactures of other countries ----- 6,650,000 Together 22,250,000 %\A llhat the imports into America from the same quarter amounted to about 20,000,000 Dollars. It may here be seen what proportion of the West India produce is paid for in American produce, and what in European manufactures. The ex- cess of the exports beyond the imports is paid 65 the i for principjilly In specie, ^vllleh is again used for tlit^ t'liriMMit circuitition of America, and for her trade beyond flie Cape of Ciood Hope. These facts will certainly justify nie in as- sinning th.jt the «.^encral character of the trade of America vvilh the colonies of our enemy is that of a bona fide neutral on his own account. The au- tliorof " Warin Di<2;uise" tells us, itistrue, that this would not alter the weic^ht of his argument; but such pains are taken throughout tostigmatize these pretended frauds, as *' unprecedented in " extent and grossness*, and to make us believe, with him, that the freight in every American bill of lading includes a neutralizing connnission f , the want of which his imagination supplies, that he must probably think our right of interfering if not the policy of so doing, more or less at stake in that question. To what degree we are interested in this trade, carried on as I have represented it to be, will hereafter be considered; but if the expediency of putting an end to it were made clear, I should feel equal reluctance to permit a mere formality to shii^ld the property of our enemies. If I believed it to be protected by the mass of perjury, fraud and collusion, which has been so eloquently, but so unjustly ascribed to this intercourse ; common sense and couunon » ragey5. f Page 79. HI ^. 66 honesty would rcrtainly revolt at its tiiulinn; pro- tection, under tlic letter of the law of nations in direct opposition to it» spirit. In this point of view, a proper explanation of tlic general character of Auu'ricanconnnerce be- conies important, and the more so as all writers have argued on the supposition that the opposite character imputed to it in" War in Disguise" had been proved ; and prejudices have thence origin- ated both against our suffering a continuance of these pretended delusions, and against the Ame- ricans for defending them, at a period when it be- comes more than ever necessary to both countries, that their relative situations should be clearly understood, and all illusions arising from false statements of facts be removed. It would be easy to point out other errors of the same author, which his want of practical com mercial knowledge, and a disposition to study it in Doctors' Commons have given rise to: every document of a neutral vessel has been an object of suspicion ; and many circumstances, which to the merchant must appear perfectly re- gular and fair, are enlisted as proofs of fraud and disguise. But having, as I trust, made out my case undeniably, I shall pursue this part of the subject no further than to make some remarks on a digression of this author about insurances, which has tended to mislead the public, and perhaps to 67 alarm sonic iiinld nini into n most iinfoundtHi opriiioii of sclf-coiulcmnatioii *, which will uUo vanish on a plain statement of facts. The Amciicans make their insurances in their own country w henever the nature of the operation ill admit of it: th indeed the ith mer- chants every Nvhere, and for an obvious reason, that tliey understand the laws of their own better than those of foreign countries, and consequently know when the risk is safely covered. A mer- chant in Philadel|)hia or Amsterdam cannot be supposed to study Mr. Park's excellent compila- tion on our insurance laws, but those of liis own country he knows from practice. The means of insurance in America are abundant^ as has been explained; the security quite as good as that of Lloyd's ColTec-house, and so far from following us in fixing their premium a little higher than ours, they are generally more moderate f. But • Page 8Q. + Page 87. Merchnnfs very seldom insure out of their own country, if they can avoid it. AiiisCcrdain was indeed formerly a great market for insurances for the Continent, in consequence of the solidity of the underwriters, and the unvarying certainly of the laws. Insur« ance cases were never the subject of lawsuits, and foreigners have a dislike to the uncertainty which attends a trial by jury. Our stamp duty of one quarter percent, on the sum insured will, in time of peace, also keep off foreign orders. In every respect it would he dcsirabli; to convert this duty into a percentage on (be premium, as by the pre-» sent mode it falls very unequally. On'a premium often per cent, the addition of a quarter per cent, makes only two and a half per cent. but on a premium of twoj it amounts to twelve and a half per cent. ^3 % 68 it lias been cxpliiliird, that wlicu the Amcrutiii iiiak<'S liin Nhipinoni (o Kui'i)|)(>, and (ira\vs in an- tici|)aiioii on his Lonchtn corrrspondrnt, tlic hit- ler, to have hin security nia(h' perlect, must ctrert t!.o insurance, and it is acc(ndii:i>'ly on tliese vo}- ui^es, almost exc'iisivi'Iy, that it is made in Lon- ch)n; and even to this tlie Vmcricun has natu- raWy so great a relnctanc<', tliathe ti^enerallv co- vers on\y the amount ot* his drafts here, and the remainder in his own countr}'. There must be in this, as in all cases, exceptions; but, with- out much inquiry on the subject, I am con- vinced that there aic Tew instances of AmerietiQ insurances effected in this country, on voyages either to the East or NV^est [ndies, because such adventures cannot be made the foundation of any security to a London house. Tlie American^ in ordering iiis insurance, and the London merchant in advancing his money, for a very small commission, must be secured against all risks; but how is this to be done? In his own country the American would of course be protected against the consequences of British capture and detention, and he further stipulates there that if his property be condemned in any foreign Court of Admiralty, as not being neutral, •. ■ • and OD the insurance on bullion, which between Holland and this coun- try uied to be done at one quarter percent, the duty amounts almost to ^ frohibition* 'i ni) hail hv ullow<'(l (o inak<^ proofof that fact in iuM own countrv. Hut in iiiHiiiint';' in liOiido^, he iM (lifYVrciiMy sitiiati'd ; accord iiiij^ io our laws, if any AilniiruHy Courts in the West Inilics, on thif Aniorican coast, or at home, determine that tho properly is not neutral, that the voyage is illci^ai, or ifaeiual >var should intervene, he can- not recover iiis insurance. It has also here hccn determined that the d<;cision of our enemy's prize- courts, and even of some of the most ipiorant Judges in the islands, in the most revolutionary times, as to points of fact, are conclusive. The American merchant also, with the hest intentions of trading legally, cannot always know what this country permits ; for we admit that, uphold- ing a general principle which we never enforce, we may and do vary our permission under it to neutrals as we please. Supposing him even in this respect not liable to error, he is exposed to unjustdecisionsof our Vice-Adinirulty Courts, a danger of no common magnitude, if we arc to believe the assertion of Lord Hav, kesbury in the house of Commons, the 29tli April, 1801, that of three hundred and eighteen appeals from those courts, only thirty-five of the condenuiations were confirmed at home. •: , , -^ It would therefore follow that a common in- surance in this country would cover little more than the sea risk, and the security of the London 115! 70 mcrriiunt \%()til(l be Ktill morcimprrfert t1ian that of lli« Amrriciin, brr;iiist» to ull the iinrcrtuiiitics in 'ntioiied, uh a^iiics«4 nuist be 2;iveii up. or the alternative be adopted Nvhi( h lias in faet been re- sorted to; (hut the ih^derwriter, after sip^iiinfr the common policy, should enter \r.io a separate rnga^einent to pay the loss sixty days after proof of capture or detention by any power British or foreijjfn; and this clause, not beinsf susceptible of enforcem«»iit by law, must depend for its execu- tion on the honour of the parties. Now the merit of the very moral admonition of the author of " War in Disguise" on this subject, must depend much upon the character of the trade which has been so'insurcd ; and it may be some latisfuction to the underwriter to discover, that it is that of an honest neutral, and that he has not been abetting those perjuries and forgeries*, with which it has been endeavoured to alarm his conscience: he will also be satisfied that to- gether with the merchant, he has materially faci- litated that circulation, by which our manufac- tures arc paid for in consequence of our enemies * rage 'j(\ 11 consumption of the produce of the Hoil or of Uie coniincrce of America ; and that it ih to our pown* of fucilitatiufj* sucli a cirrulutionby inoani of capital uiid credit, tiiat tlii^ .sii{)rriority of thoHC munjfacturcij umy in u great degree be im- puted. That encuiy's property iii in this manner some- times insured there can he no doubt, and there are cases where it has been done knowing it to bo no, but < crtaiiily to a very limited extent. First, becuuKc there is little property of thai description at sea (and particularly since our judicious in- terruption of the enemy's coasting trade); and Secondlv, because most merchauis and most un- derwriters would in this case really entertain those scruples which would be so ill placed in the other. Upon the whole, therefore, without discussing the policy of not perinilting insur- ances on enemy's property to be made, which is however very doubtful, a)»d without determining whether according to rigid principles of morality the strict letter of any law may be evaded, it can- not be denied that it is in the present case, if in any, that the malum prohibUum may be distin- guished from the malum in se. Having explained our conduct towards the trada of neutrals^ and particularly towards that ' 4 n of Amorifn, dirln^ tlir Iiisf wiir, and in vrlitit munnrr ttuM nctv nnitrul liiul (otutiy < Imnp ti tilt' cliarurtcr of it, I hhall proceed to (-niiMJdcr Mfhat our rondiut diirioj^ t\w prrHnit war lum boon fh>d hini b}'de^;r<*cs to drawthc iirt chiscr, our Wvnt liidiii III* re hantM, UH mum a H the f*n('cti of exeluHioii were iVit, althouu;h lhe\ hud heiore coiuhafed the competition of neiitralN without eoiuphiint, now imputed their distress sohdy to that eoiupetitioiii and hist siu^ht entirely of itn real eause. Early in 1SC)5, thenr complaints u( eordingly bewail, and exap:j«^erated »tatenu'nts were circu- lated of the comparative advantag-eti of the hveie cauti- ously listened to hy Mr. J*itt, who, It appears, determined to li^ive an indirect relief by throw- ing ditf^ieulties in the way of the neutral, which should satisfy the West India planter, by increasing the neutral freight and insurance, the moderate rate of which was a principal subject ut complaint ; and though little can he said for the justice of the expedient resorted to^ its eiii- cacy was complete. These vexations were to be produced by start- ing some new principle of conduct towards neu- tral commerce ; and, as rcmon.strnnces were na- turally expected, the public mind was prepared for the discussion of them by inflammatory pub- lications. At this time, October 1805, the pam- It' 7» phlrt, of \*fiifli to miirb notirc hni lircn tiiken, " VVtiriii Din^iiiwr/'inailr il<» iippniruiuc, iiixlwe «n* told hy tlir aiiflior, in his prt rurc, " Ihul it " \va» written in coitHidrriihlc Imntf, on iTrM ount "of nonio temporai"v conNidiTudoni, v%hirli add '* to tUr iinin<* law, and that our not cnforcinj!^ it wmm the vWcci of our indulgence, till the privih'fjrcH which the nrn- trnl held, as he thought hy riirht, were eonsider- rd hy um as held hy sutlerunce; n doctrine which enahlei us to estahlirniinc it in Stockholm*." Nor ran it bo contcndt'd, that in theory there i» tkuy inconMiHtiMiry, if thin rule in admitted to be a part of the law of nation*; tor although our conduct may chan|j^e every month, yet, an thf whole exintti throu|i!;h our induiu^ence, mt may vary and uiodity it at our pieaNure. In the tame manner, if it >\ere a principle of common law, that the li\(>s and property of all Nubjerts belong to tint Kini*:, the one and the other mi^ht be dispotied of in the moHt arbitrary and in- coniiiHtent manner in practice, while the most perfect consivtency in theory would be pre- served. it haH appeared to me in every point of view iaterenting to examine our conduct in the appli- • Uobiiiton'k Admiralty Nrporti, '2 vol. p. 21)5. In makiiift rcflcctioni ')o ilic conoth kinds must have occurred ; and we accordinij:!)' find, that when broug^ht before our Courts, some were condemned, and some acquitted, accordint^ly as tlie penetration of ourjudi^es ena])Ied them to discern the truth* ; nor were tliese decisions sub- jects of complaint or alarm. Th<^ important chani^e in our conduct alluded to was introduced by the decision of the Lords of Appeal on the case of the cargo of the American ship Essex, at the Cockpit, in May 1805. The Admiralty Court had before decided what was or was not a continuation of the first voyage by the general complexion of the evidence, and that when goods had been made part of the common stock of America by a f!«ir importation, and the pa\)ment of duties , they might be rc-exporied from thence to any part of the world. The Court of Appeal, though no reason was as- * Caie of the Mercury, Roberts; and Polly, Lasky. * The decision on the latter case in Robinson's Roinirli. 2 vol. ''61, was afterwards v,>i*iAnii> d on appeal. It is a standard case, and will serve (o shew lio« the t^msUou was urgueti previously tu the acw rule ol otMliiet IJ^OJ^ i 8'i ii|[2^iir(l for tTio rondnnnnllon in fliis rnsr, wa« iiii(l(>rHf()<;(i to liavc cstjiblislicd i\u 't|cj;ality of the tradf, lomulrd on a discovery, noNv made lor tho first (inic, Hiat Uie dntics on tlu* carc^o im- ported had not been achiaily paid in monejjj but by a bond oflheiniportrr *. Tliis decision, allhoui!;h the distinction made was not enlcuhited to catch the eonunon eye, was well known to embrace the whole foreign trade of America, exceptini*' that in her own produce. It circulated rapidly anu)ng our cruizers and privateers, and in the course of u fortni|;!;ht the seas were cleared of every American Miip they could lind, whi* — Th. i iSi, more rif;i(l moileof deteriiii»- ing: the true cnieriu ot'thi' cottfMitv of a vu^age wax cstHbl»hv'it hj this drci-ion. 8:{ l<»'C iia- of I7 niiniHcexaiiiiiiuiinii ofil in iieccHmirv for rnv pur- pose; and Hie more so, as ii will ciialih' iiic titrniii *ht for- ward and acted upon by our courts, can be recon- ciled to the characlcr which I have o-iven of it. In det(M-mininii: vs hether the second voyajife was a continuation of the iiist, am opinio)) C(aild only be fornied from the g;eneral complexion of th*» rase; but the chief circumstanee wliieJi was relied uj)on was, the landing* of the car^'o in America, and the payment of tlie duties there. This was the principal presumptive groiiud, that tlic importer hatl no predetermination h2 84 iit rxporf ; but otiior minor circnrnNtniirrs iiiul ul^o coiisidcrublr wrij;r|it.— -Thr g;(MKlM Immiic; whipprd hy a pniTliiiNrr in Amorirn, aiicl not hy the oriii^iinil iinporlrr — thrir having reinaint'd Roinotiino in Aincrira, or liavini*^ Immmi jKUiMiisrd for sale — tlir <*\portu lievf, tbat the Niif^^ar wax n pnrt tind pnn rl of tt curjLCo, Ndid to linvc Ikm'ii l)r<)ii^;lil fioiii a Sputiish roloiiy in (ln\ \vsm'\ ; and if ho, tlic wry diiti'ilMttion ofllir rcniuindcr in Moinc proof that thvy were not ixni^tit. with an in- tention oiil\ of s« tiding (licni on. Hut I lifiv(\ lu'sidcx, positive pidof in tlx' uOiduvit of Mr. Asa Hooper'^, nvIi<» swears, (hat llu^ duties hud heen paid for them." Then thetndy diiVi- cuity remains as to tlie eoeoa ; and it. is ^aid by one of the \vitne?ises, and by one only, that it was transhipped from an<»ther vessel, and thut it had been broiiji^ht into Ameriea only i(*n days before. But although tiiere is siuuethinu; of a diilieulty arising on this small part of the cargo, yet, upon the whole, I eannol think it weiii^hty enough to induce me to send the case across thr Atlantic for still farther proof " as to the facts of this recent ijnportalion and *' transhipment, or of its having been transferred *' to the present pro])rietor.H, or of its havin<»; been ** exported without a previous payment of im- • ( n *i H tl * ** The Affidavit of Ann Hooper, of Miirlilelioail, mauler of Hie *' nhip Hope, huloiiKin;!: to lioston, aiiit now l>inK' at Cowex, ttaliM, *' Itiuthe liad herii u(:(|uaintc(l with Mr. H. Hooper ever since he win *' a child; that he ktiowH the hri;; Poilv, and Has ut Marhleheud *' when she sailed for Milhoa; and thut he wan informed hy Captain *' I.«9k,v, and various other ]>crsonk, that the sui^ar, bein;:: part of the *' cargo, waH a part of a much larj^er quantity, the whole of which " had lieen imported, landed, and the dutiis paid at Marlilehcad, by " tlic t;iid K. iluoper, in the general course of trade, " &c. ■>« 9? port (liiticN. If it littd ( omp()H(Ml ii Itir^T piirt -' o\' tiic ^nr^'o, I iiiig^ht liax* (hriiitMl it reiiHoii- ** al»l<' to !uiv«' liad sonicwhiit morr of huti^lac- " tioii on Noiiir (»r tlictc poiii<>4. wliirli do not " iippcHr with Miifl'hM'nt riMtaiiity to i'oniul any " l^^^al roiK'li'iHioit iic;aii)*it it. It apixar.s, liy th(? •• rollrrtoi's rrrtificjifc. that il had hcni rii- " tcird*' and imported, and I Ihink tlnit tlicsc •* >vor(U nrr sufl'nicr.t to answer the t'air dc- '* niaiuh ol" (he ('<»nrt ." Such was our doctrine and our comduct until the year 1805, when the new jirinciples were introduced by hipj^her authorit\, to which tho inferior court coni'ornied ,* attd the unotlicial de- fi'ii'lers of this ( hanj»;e (for a change, and a most, matt ; ial one it was, in its practical t of tfic'r thfory. support d it by tli»> dis- cover \ th.it th( duties liad not be Ucctor n'ateJ, that in Jom , (lie Poll? •' I'ndrcil ut hi* oMIce, wiili n i.ir^o of ,V,/' 'Jioxi'sof suj^arn, if.e pr*»- " piTfy of Aiufriciii ( iiizros ;— that, I"'*' Aujjusf tl.e ichooncr ** William ciitircii uitli til \\of;iheM\-' . &c. uf eocou, ami certili>;il (he *' cleat in.T ou* of the I'olly, &c. Tor Bilboa, with a carj^i) of v?fV " b»M>s of brown «ii^ars, imporltl in tin »aiH hrir f<<»in ihc FlaviMi- " nah, on the !.'.»' i Jnue ; iind of JO hojfiibcnl*, ivc. of tocoa, im- *• ported in the sclioo i'. r Williiiin, from Lu^nira, with LS(J() qniutalii " of liib. lie h '.t.''i»' '/ /A Photogivirbic Sciences Corporation 23 WEST MAIN STREET WEBSTER, N.Y. 14580 (716) 872-4503 - V 6^ w \v If :M 88 nca had connived at and assisted the fraud bj laws passed for tho purpose. It is rather siiip^ular that, with a Board of Trade to watch over the various commercial sys- tems of dift'erent nations, with commercial agents in America, whose duty it must be to in- struct that board in every thing relating to the institutions of a country, with which we have such important intercourse ; we should in the year 1805^ have first discovered in what manner duties are raised, or a drawback granted, by the revenue laws of America, and it is perfectly con- sistent with that ignorance, that we should im- pute to a system, steadily pursued ever since a revenue was first raised in that country, a de- sign to impose upon us a tissue of frauds and im- postures during a war, which was not even dreamed of at the time that system was framed. We have seen how the early trade of America was assisted by British capital in tlie shape of manufactures, which, with the value of her own produce, first enabled her to carry it on for her own account. To this facility was added a sys- tem, on the part of Government, of not exact- ing the duties on importation in ready money, but of giving a credit of three, six, nine, and twelve month?, and, in the single instance of teas, of two years. This accommodation, v'hen the federal Government was first esta- 81) i)lislic(i and the country poor, wivs iibsolulrly ne- cessary; for as the wliolc revenue is, and wit li immaterial ejieeptions always has been, eolh'cled from d'jties on imported artieh's, they are in many instances heavy, and could not be ad- vanced by the dealer before he obtained some return from tlie consumer. In the case of j^oods imported for re-exportation, the aid de- rived from this system was still more manifest. In this country we lonj^ suHered imder the ab- surd plan of makini^ ptirjiose ()>ce jli^c OO and the Api^endix (li) iu the fifth edition). In winch he appears i<;norunt of every thln<; relating; to Amertcjn trade to a degree incredible in a per- son, who undertakes to inform the public upon it. 1 he system of paying duties hy bond, and receiving; a dehenlure for the drawback, is as old in America, as duties and drawbacks, and was not first in- 'stituted by the act of I7f':). It applies to all the trade of Amcritn. and not to any particular branch. It is not true that colonial produce and East India goods arc (he only " articles imported for re-expor- fatioD, jjcncrally speakinpc"— he will find that there is scarcely an ar- ticle impor'tcd into America, of which some portion is not rc-exportrd. Ou examining the act of 17!^!), he wilt find that he has omitted the material circumstance that " Coffee, cocoa, unrelhied sugars, and liquors *' in casks, may have their packages renewed on cxportatioa in nisv 91 or all this \so appear fo have been ipioiatit, and ill 1805 we arc first told, that tlu; whole was a plan to cover the property of our cuemies, by frauds, to which the g;overmne!'iit is niad(^ a party. Captains of vessels, and custom-liousc officers, are accused of jxTjury, for attesting!; on oath, thai the duties had been seenred lo the United States, or paid aeeurding to law; when tlu^ word« rather sliew a most scrupulous desire of veracity. All duties on all goods are, and always luive ** the original pacha^fi shall be no h{jurtdas to be rcrtfer'.i twfil for e.r- " portatioitf and not otherwise."' Ami a little rtcollrctton would In vC abarcd hit surpriie at tlii* enumi'ratiun of articles : tor the> are pn:- Citcl^such at cannot tiitliout positive destruction he rxportedin duiiiu^nt package*. This author has consulted ino^t hasiilv tlie Act cTroiii^ress ^vhich lie quotes; more attention indeed would uot perhaps havecnul)! 'tl him to discover the maiij proofs of fraud and inipo<«iurc wliich he ap- pears to have been looking for. The bond for thu du'ies ii abtolute and unconditional for the pavment of the umountt and does nut " coii' " dition for the pa}nient of dutii-s or re-e.\portati( n wiiiin twelve •• months." In like manner the dohenture for ihe drawback enpag'e* for a positive pavnieitt with the single coiiijition, that llie bond for the duties on the same goods shall he previously tlischarged. l!ut as the pa^fment of the duties may sometimes preceiie considerably that of the drawback, the debenture for the latter was ntadc negociabic, to givefa* cility to the merchant ; and the interest of i\x per cent , mentioned in Ihe law, is only to be recovered by the indorsee attains* t!;c original holder incase his noopayment of^ the duties prevented the discharge of the debenture. It would be diflicult to devise a better system for the purpose intended, of giving credit on the import duties, where no public docks and warehouses exist, or one, from the clearness of its pro- visionti, less likely, on a careful uxamination, to give countenance to imputations of fraud or disguise, i understand that a very satisfac- tory and clear report has b«eiv made on this subjent by the ."ecretary of the Treasury iu America, but not having been able to meet with it, I am obliged to contiae this explanation io the sug^gettions of my own expcrivRce. N 3 fr )'■ Ixvji, ])ai{| in the same mannor. and wIutc ihvy ninodiitcd to the value of more than tiOy dollars, tluTO is probably no iiistanro of thrir Ixmh^ otiicrwiso disrliarg^rd than by a bond. It is utterly impossible to shew the slifbtest proof of any attempt at collusion or fraiul ; and if We were not sa isfied that Amcri(a should raise her own rc\enue in the manner she nii2:ht tliink best, we have been c^uilty of i:^ross ne2;leet by continuini:;' in a state (d* if:;noranee, whieh every rlerk in a eountinff-house of an Ameriran mer- chant could have corrected. "' It must at first Might be evident to the reader, that thoug'h I have endeavoured to r'»movc the laboured misrepresentations on this subject for the purpose I have professed, of comincj at a cor- rect opinion of our conduct and of that of Ame- rica, this pretended discovery cannot by any man of sense be considered otherwise than as a pretext, and certainly a most clumsy one. No consequences could have been seriously at- tached to facts, which were always before our eyes, though we affected never to have seen them. Rut the important practical conse- quences of this atfectation in the capture of American vessels, in every quarter, ( for the du- ties on their cargoes were all paid in the same manner,) were not to be mistaken, nor the ad- vance necessarily produced in the price of neu- 9;i irii\ frcii^lit and insuruncp, tlie j>;rcal dcsidfratuni of tlio West India intcrivHt. , In considering our condiirt in (his instance, it bei'onicH u^ain liip;hlj important to make up our inds as to the ireneral eliaracter of i\u\ hade m\ g< IIH with which we are interfering: if it were has been asserted, that of an enemy under :i frauduh'ut mask ; although tlie device, wliich was employed, has more of the Italian than of the British character in it ; yet^ many might be rcconcik'd to tear away tliat mask by the same crooked artifice with which it was assunu'd. But if my former observations produce, as I think they must, a conviction, that tlie trade and pro- perty so sported with belong to an honest neu- tral, there can be no doubt that our conduct to- wards it deserves the name of the most unquali- fied iryustice. The other criteria of lawful trade, and of the separation • of the voyage from America to Europe from the preceding one from the Colo^ nies, though useful and important, where a sincere disposition existed to come at the truth, and to act upon it, afforded great variety of ground for vexation, more plausible than tliat produced by the discovery respecting the duties. The object of the importer of colonial produce! was, to dispose of it to the best advantage : if w M tlic home market did not suit him, he re-expoH- ed ; and, in selcctiniij his foreign market, the fixed hahit.H of diflereui countries made each European state the best market for ttic pr(»duee of its own colonies, as in each cohmjf the best price will be found for that of the mother coun- try. Hence arises the circumstance which has improperly been considered a proof of fraud*'*, that liavannah sugars and Caraccas cocoa are chiefly met with going to Spain, and French wines to French colonics. Nor was the iiyury to the Americans confined to the application of these new and vexatious principles ; for otir privateers and cruizers, ap- prehending little danger of being made answer- able for their error, were not disposed to make nice distinctions, but detained and sent in every Vessel they met with under the most frivolous pre tences, in which they were also encouraged by the expectation of actual war. Of the extent to which this was carried, some idea may be formed, when it is stated, that cargoes, wholly of American produce, and of the produce of neutral countries trading with America, were captured, and even brought to trial f. In these * War in Di^g^nise. t The Gorcnior Gilman, loaded with tobacco from New York to Amsterdam, and the Orion, from St. Petrrsburuh to Americn, tried in The Court of Admiralty in October 1807. 95 instaiucs, tlio jiidi^c (Icrri'inl nstilution of^hip ami curgo, and rost« aguin«*t the cuptorH, with f xprcssioiiH of iiuliu^mtion, which so lawless an oufrapr nrroHsarily excited; the latter had, in tlio face of this ceiisiire.tlie audacity to enter appeals, and the American wis ohli^;cd either to uonipro-. niiseor leaveto the captors the option of hrin^inp^ forward liiti appeal within a twelvemonth, with the possihle a(Uanta2;e of an interveninc; war se- curinj^ to him his prize*. TluMJwners of priva- teers are in the daily practice of l)rinf;;inj:; in valu- able carpjocH, and oHering; innnediately to release them for one or two hundred ^i^uineas; they some- timcK recjuire a much larger sum ; and the Lon- don merchant is either ohli&^ed to acquiesce in this' ini(|uitous robbery, or let his correspondent suf- fer the more expensive vexations, which it is un- fortunately in the power of these people to intlict. If these are the maritime rights, for which, rere lese Irk to led in * The ri);ht of appeal, initituted nt nscait'ity afcairiKt inju«ficc, hn been made a niunt t'urmiduhle iiutruinent of what it v/d% inti'iidod lu l^uard a^^uiniit. The captor ahiiost invuriuhl^ appciilv when the intu. rior court decrees an acquittal ! he hat, in consequence, one. year cer- tain, during: which he cuo licep the owner in BUsponse, with the addi- tion of iiuy further time which the ingenuity of his lawyer may ^nin for him ; and if, ia the mean time, wiir i« declared with the country to which the shiphclongs, condemnaliun follows without reference to the merits of the lirst capture. When war was declared a|:;ainit Dcuniurk, ves- sels of that country were then condeaiucd in the court of Appeal, which were detained four and fivi; years hefurc. ^n immediate and Kumniary decision is an undoubted and a principal right of neutrals ; and if this practice in to be couotcnnnced, they would he natorially benefited by ahandonio; the right of appeal alto2:ether. TT ill y; .2 ' i i if 4t we ore fold with a ponipoiM ambifs^iiit)' (hat •Iwa^'H avoidn roiiiinu; to tUv point, " our iiii- rrjitors fought and bird." and for whit h " w« criishf'd the northern conlrtU'rarv *," I am A(ranp;(>ly mistaken. It is worthy of remark, that the ])rinriph' contended (or \)y that eont'e- derary hun never received any support from Ameriea, nor been the subject of dist ussion with her. Kven the broad ground of tlie rub* of I7.')(» has never been disputed with her, be- cause we never maintained that ground. — Hut the compbiints of Anr'rica nrt', that we be^an by surt'crin^, and formally rccoij^nizinp, a trade which we have, Kinc(> the v<'ar IH()j, been mo- le .-.tin^ and harassini^ by the successive inven- tion of the most absurd and frivolous pretexts. If, at the be<;-inninti: >tniiatic course of the iuo»«t arhitrury iueoiiHisteiie)'. The iiu'asures resorted to h\ Atneriea, niuh'r tbe«e eircuiiistaiiecs of provoeation, wwc <'er- tainly of the mildest speeies of hostility, and such a» evidently shewed a desire of peace. A law was passed proliihitinij; the iinpoitalion of certain Mrticles of IJritisli manufacture ; by which a de- monstration of conunercial warfare was certainly intended ; hut it is such as every independent na- tion, even in time of peace, has a ri^ht to resort to without giving- olVence ; and, if the conujierce of America were to he materially interrupted, a reduction of their importation of European ar- ticles became indispensible. This law, after dif- ferent suspensions, is not yet repealed. — Of its wisdom as a conunercial measure there may be doubts, but as an annoyance of our trade, for the purpose of enforcini^ respect for theirs, we liave no right to complain of it. Shortly after the passing of tliis law, a treaty was negociated between the two countries, which, as far as it went^ was a fair and equitable adjust- 1 I 08 rnrnt of our (2:ori- ntioiiM tilt* conduct of ono udiniiUHtrutioii must be maintained eveu by their opponents, the (miy conunerciul point rr([uirin^ udjustnient wiih to break in nuch a niunner tiie continuity of tiie neutral vo^'a^i^c from the colonies to the country of our enemies in Europe, as to leave no room for future mis\uul(*rKtnndin^. This was elKec tually done by the condition, that a small duty should bo imposed in Anu^ricn, which should not be drawn back, and which iiad the additional advantage of increasing]; the charge of conveyance of colu nial produce to the Continent of Europe*. It is natural that this Mipulatioii should dis- please those wlio looked upon every preventive oi' war as a misfortune. Hut any further ob- servations on this or other parts of tin; treaty would be at present uniutercstiiia;, particularly as it has not been ratilied. The refusal, on tl c part of America, is suj)po,sed to ha\e been principally owing to the v.ant of some pro- • The treaty has no* ^I't hpcn piihli«hc(l, hut Ihi'i fact i» stated hj the author of Concetsioim to ^'Imcrlca the Dane of Un'tain,i\nd U since conlirtiicd hy icvcrai ptiblicatiuiig iii Ainoricu. Though thin author de- precate!! the iuterl'creiii i; of intcreited udviierii with the late uiinititcri, he uppi-afii to have bcm (ficp in thcsccrcti. of the prciient. I think it projier to date, that it in Iruiii him tliat I have the liiil infuruiation of an^ pail of that troatj'. 0!) >iMon iif^aiiist (iikiiijif our M*aintni iVtMii on hoard her itliipM ; iiiid uh the iiiipoitaiii-e uf tliii »iibjcc't liUH Ihhmi iiurcuvod hy tlir uiriAir bctwiTii the (vvu iVi^iitcM, I Mhull inuk<' 11 few rciiiurkH oti it, al- though torcig;!! to ihc iiiiiiirdiutc uhjirct of thix inquiry. It wu!i iiiipoMsibU* to ontuhlish, witii the poli- tical H(>para(ioii of Aiitcricu iVoiii Gnat Biituiii, any intctliv^iblc distinction hctwccii the iiihulutj antM of the two countries. Tlie dintancc, how- ever, prevented much inconvenicucu fiuui this circunistaiiee, excepting:; in the cajc of Huilors, wlione habitation being' no >vhore, and every where^ ami whose fickle disposition 1< d tlicni, according to accident, into the hervice of one or th(^ other country. — As iiui^ as peac^' con tinned, no injury ensued to either party from taking their seamen from a joint slock; for al tiu>ugh the most populous country was naturally the principal breeder, yet this mode of disposing' of a surplus population was no injury, ami the number of seamen, generally of English charac ter and habit, was increased. Hut u state of war produced the most perplexing confiK-iioii. Our seamen were deserting our servii'otor that of Anie rica, inconsequenceof our systMuof impressment ; and, on the other hand, the native seamen of America, for want of any distinguishmg mark» o 9 1(K) round no protrrlion from imprrHSinnit by our .sJ'ips of war. With a niuhial disposition and a nuifual inicr- cst tocomctosoMio fair solution of this difticulty, it has hiHirrto been found iinpossihio. If at any future period it should he found praeti(a))h' to man our navy ^vitllout compulsion, by adopt- ing; the plan of limited service, whirh has been introduced into the army, or otherwise, sailors would, after a short time, feel as little reluctiinco to the Government as to the merchant service ; for it is the unlimited confinement only which makes the distinction. But this is not the tim(3 for experiments with a service on which our ex- istence depends. The present war at least must be fought out on the present plan, and as long as we are obliged to resort to impressment, it will be found impossible to resign a right of taking our own subjects from on board neutral mer- chant vessels ; for such a resignation must tend immediately to increase the evil much beyond its present magnitude, by encouraging the de- sertion which would follow, ifthc sailors thought a neutral vessel an asylum from which they could not be taken. The question of right on this point must be overruled by the necessity of self- preservation, which has been thought by the best informed to be involved in it. But at the same time it cannot be denied, that 101 our ;ou]d this self- best that this necessary exercise of our power is an injury to Anurica of the greatest consequence, and that it becomes our duty to listen to tlic remedies wiiich slie may suggest, and adopt such as may a])pcar consistent with our own safety. It ought not to surprise us, that an independent Go- V(Tnment shouUl use every endeavour to protect her own citizens from impressment, to which, witli the best intentions on our part, tliey are fre- quently exposed, or that the necessity of the system we pursue should be less apparent to them than to ourselves. The present practice of protections, which requires that American sailors should have about them certificates of citizenship, though liable to great hardship and abuse, is still the best remedy yet suggested, and the two following regulations might perhaps be established without injury to this, and much to the advantage of that country. First, that no men should be taken out of ships on the Ameri- can coast; and Secondly, that it should be the duty of every commander, the first time he enters any British port in which there shall bean Ame- rican Consul, to bring before him any men he may have taken out of an American ship, that they may have the means afforr^'^d them of esta- blishing, if they can, their American character*. * This subject is very ably discussed ia the Edinbiirj^h Review for April. I agree with the author iu ever, thing, but theeflicacy of bis remedies. ¥ The prctcnsious to a right to search a national ihip for any thin^, appear so penerally exploded and renouncod by all parties, that it is unneces- •ary to enter upon the subject of the reneontre between the Ix^opard and the Chesapeak. The only question that can remain must be, as to the nature of the reparation to be made. The whole question respecting seamen, which this unfortunate business rendered still more per- plexed, could, however, in no event have led to war, if conducted with that temper and modera- tion which a subject of "o much delicacy and in- terest to both countries required. It must be na- turally ofiensive to the proper pride of every ia- dependent nation, that a particular class of ii^ people should be liable to impressment into a fo- reign service, if found at sea without a certifi- cate of their origin in their pockets. Far from (being surprised that the government of America should, on a subject so important, exhibit the most earnest appearances, we should, instead of Ascribing them to any intentions generally un- friendly, rather regret the imperious necessity -we are under of adhering to a practice which nothing but that necessity can justify. 103 We have now reviewod the ueutral commerce of America, and our comUict towards it, from thebegiimingof the last war until the commence- ment of the present administration; and it will be difficult to discover those concessions on our part^ and those insolent incroachmentji on that of America, with the repetition of which the news- papers and publications of this country have en- deavoured to inflame the public mind. We have seen, on the contrarv, that America never took any part in the extravagant pretensions of the northern powers, at whose courts she had even no accredited ministers, and that her complaints of the system of vexation and oppression practised towards her commerce since the yea** 1805, were but too well founded. These details are, indeed, rendered less inte- resting by the magnitude of the event which we have now to consider ; but it appeared to mc particularly important to place the whole sub- ject in a proper light, by refuting the misrepre- sentations by which it has been studiously ob- scured, and by explaining the real nature of American commerce. It was generally understood, when the present, administration came into power^ that a decided change was to take place in our conduct towards America; and accordingly, after some delibera- w w 104 tion, Uic Orders in Council of the 1 1 tli of Novem- ber niadctlioir appearance ; and lo lliat coiintr^^ now the only reniaininj^ neutral, all (he otherti having been successively overrun by our enemy, they may be considered as solely applying. Although the admission between independent countries of the plea of necessity and self-pre- servation, as an excuse for violating the rights of others, is, from the (cituinty of its abuse, sub- versive of those laws by which they are bound together ; yvi, when that necessity really and manifeslly occurs, the propriety of such a resort cannot be dispuli;d. In our present situation, lighting for our existence against the most for- midable power the world ever witnesssed, mea- sures of a direct tendency to weaken materially the military and naval force of our enemy, or increase our own, might certainly, if ever, claim this justification. But would it not be a more frank and manly proceeding, to state, in plain language, the case of necessity to the countries that are to sufi'er ? Should we not be more likely to silence thereby their objections, and secure at least their tacit acquiescence, thar^ by in- sulting them, in affecting to j ustify, as an ordi- nary and legitimate right, and to cover, by flimsy pretences, what, without the most urgent necessity of self-preservation, must be deemed an aggression of the most gross and unprovoked I I05 ire in- description ? When the principle of 1756 was Established, the language uf Lord Chatham >vas as bold as the measure itself; and Sir Joseph York, instead of seurehing for a justifieation in the writers on the laws of nations, deelared frankly to the Dutch, *' that liis Majcstij could noL " othenvisc get out of the xtiiir with safety,*' If we had treated the commerce of America with the same sincerity, instead of molesting it, as we have seen, by a repetition of tiie most dis- graceful chicane, that conmierce would have suf- fered less, and our own ends would have been answered < Such an appeal to the good sense of the people of that country would certainly have been less Ukely to prod 'ce war than the sophis- try with which they have been treated, and of which every man in it must detect the fallacy. These remarks, applicable to the whole of our conduct, are particularly «o to the manner of issuing these important orders : they are not defended as measures necessary for our self-pre- servation ; no appeal is made on that ground to America ; she is not called upoa to reflect how immediately her own independence is con- nected with our« ; but they are defended as a. just right of retaliation^ arising from the com- mon principles of the law of nations, 9,nd ac' cording to their merits b^ ^is test tb^v wiU therefore be judged. ior> j It in hardly possible that this important mca^ sure can really, in the mind of any thinking man, he justified on this ^^round, assumed uh it is in the preamble to the Orders, whieh the simple statement <»f a few dates and a few faets must entirely destroy. As the public, however, appear ignorant of them, I shall endeavour to explain them very shortly, and consider here- after the expediency and policy of these Orders, which, (although, for argument's sake, I have supposed established even to a degree of neces- sity for self-preservation, ) I shall sliew to be as pernicious to this country, as to the neutral in- volved in their destructive consequences. Under the form of a blockade of all the ports of the continent of Europe, (a form by which we aflfcct an adherence to the law of nations, at the same time that we count'^nance the vio- lation of all its provisions respecting blockade, ) all trade with it is interdicted, except through this country, and under such fiscal and political restrictions as we may think fit to imj/ose. The American merchant can no longer ^arry tlie produce, even of his own soil, to any part of the continent of Europ^^ for so extensive an injury to a country, whose right of independent sovereignty was violated, and whose commerce was destroyed by this proceeding, it would have been in vain to search for authorities or precct- 107 ft f( (( »■* tt t( (( dents any where ; and accordingly the preambU states, t^'at " Whereas certain orders, establishing an un- precedented .system of warfare against (Iiis kingdoni; and aimed especially at the destrue- ** tion of its commerce and resources, were some time since issued by the Government of France, by which " tlu; British islands were declared to be in a state of blockade," thereby subjecting to capture and condemnation all vessels, with their cargoes, which should con- tinue to trade with his Majesty's dominions : And whereas, by the same order, all trading in English merchandize is prohibited, and " every article of merchandize belonging to ** England, or coming from her colonieu, or of " her manufacttire, is declared lawful prize : " And whereas nations in alliance with France, " and under her controul, were required to give, " and have given, and do give, effect to such *' orders : And whereas his Majesty's Order of *' the 7th of January last has not answered the " desired purpose, cither of compelling the '' enemy to recal those orders, or of inducing " neutral nations to interpose with effect to ob- '• tain their revocation, but on the contrary the *' same h^ve been recently enforced with in- " creased vigour." These are the motives assigned for the order p 2 108 tt €1 ofn gcnrrnl blockade, unci the (IcHtrurtion of all roiniiKTce of neutrals wUli the confiuont of Eu- rope. Tlu* other essential part of the Order, to brinp; in for eondenuiution of ship uud cur^o, all vessels, ^thc cargoes of whicli shall be uccompu- nied b) a err' Ucate of origin, bus the following preamble : " And whereas countries, not engaged in the " war, have ucquieticed in these order* of France, " prohibiting all trade in any articles, the pro- " ducc or nianufiicture of his Majesty's domii* nions ; and thft merchants of those countricj have given countenance and elfect to theio prohibitions, by accepting from persons, styl- ing themselves commercial agents of the enemy resident f^i neutral ports, certain docur ments styled *' certificates qf origin," being certificates obtained at the ports of shipment, declaring that ihe articles of the cargo are not of the produce and manufacture of his Mi^egi- ty's dominions^ or to that efTect : " And whereas this expedient has been resortr ed to by France, and submitted to by such merchants as part of the new system of war^ fare directed against the trade of this kingr dom^ and as the most effectual instrument of accomplishing the same, it is therefore cssenr tially necessary to resist it : '*— ^ The qucstiojQ pf pur ri^ht tp sacrifice t|i^ trade tt tt tt ft tt tt tt tt tc tt tt it f i 109 icb of of a neutral here evidently depends not on tike extent of injury which oiio belligerent has done to another, but in how far that ii\jury Im indicted through the acquiegcencc or coucurrrncc of the neutral, in nicasureii which it would have been competent to that neutral to resist or in- terfere with. All nations have an undoubted right to regulate their own trade in the manner molt for their inti^rest, and none use that right more peremptorily than ourselves. France, Spain, Holland, &c. may order even in time of peace, and of course in time of war, that no articles of British produce or manufactures shall be re- ceived into their respectivedominions, in (he same manner as we, at our pleasure, permit the im- portation of some, and prohibit that of other ar- ticles. The only remedy of any country that may think itself injured, is by retaliating with counter-regulations of its own trade. Rut no- thing certainly would be more impertinent than the interference of a third party. With what propriety could America insist with France that British manufactures should be received by her ? If, therefore, France has an undoubted right to enact this prohibition without giving offence to the neutral^ she has also a right to secure its execution by such regulations as may be neces- sary, and, of course, to direct that all goods imported into France shall be accompanied by a w 110 rrrfifira, the ucqiii- CHccnce ut' tlu: latter would Im- to us u luir g^roiind of iduiplaiiit, mid (*v7 Rv ti fair lidt ^piritril rcprcHciilntioii to tin; Aiiicrii'iiii ittiiiiHicr liv the Secretary of State, uiul a^tiiii l>y a iiieiiioiiat, dated .'{Ut !)<'< riiilicr. IS<><), preseiiti-il ti\ Lord ll(»lland and Lord Viirklaiid, IMniipo(eiititirie« cn|^ap>d III toriiiiii^ a treaty with Viiierira, it Wttu tonnutly deelured, that " if the enemy " ihoiild earry \m thrcatH into ext'eiitioii, uiid " if neutral nations ihoiihl, eoiitrary to all ex- " peetatioii, aeqiiieser in miuIi iiHiirpatioiis, His " [Via jest V ini^;lit probably be eoinpelled, liow- •* ever reliutantlv, to r»taliato in liii own iiist ** defence, and to is.s'ie orders to bis eriii/ers to " adopt towards the neutrals any hostile »i\steni, *^ to which those neiitruU »hull have nubniilted ** from his enemies." Our riuihts eonid not possibly be slated in a more explicit, or a more correct maimer; no retaliation of the French decree took place on our uidc, and we appear to have remained satis- fied, during a whole twelv(>month, that the prac- tice under it amounted to a proof, that it was either tacitly abandoned^ or never intended to be enforced against America; untile a total change of conduct towards that country being resolved on, we arc informed, on the 11th of November, " that countries not engaged in the war have acquiesced in the orders of France," as an excuse for a most rigorous system of retalia^ \H P tion, wliich, if tlit* Hssortion were correct, would certuiiily have boon justiHablo. As America n (he oi\\y neutral, we indy con fine our inquiry to her conduct, wl' ch is ex*- plained by a message of th(! President to Con- j^ress, on tlie VJih February, 18(>7, in which he says, *' I inclose also a letter from our Minister " Plenii)ot<'ntiary at Paris, covering one to him */ from the Minister of Marine of that Govern- " ment, assuring* him that the Imperial Decree '* lately passed was not to aifect our commerce, *' which Would still be g^overned by the rule*, of *' the treaty established between the two coun- ' tries." The letter inclosed perfectly justified this representation of the President, it appears (hat the American Minister at Paris, properly alive to the interests and character of his country, did not wait for any instructions from his govern- ment, but, before even he could have known our intentions and the conditions affixed to our retalia-' tion, demanded, as early as the lOth of December, at Paris, an explanation of the Decree, which had appeared at Berlin only nineteen days before. The answer must have entirely satisfied him ; it expresses distinctly '• That a;i American vessel *' cannot be taken at sea for the mere reason that '' she is going to or coming from a port of Eng- " land ;" and the general tenor of it confirms the opinion before suggested, that the Berlin Decree 115 >^as never intended to operate beyond the iinnu'- diate intercourse between thie country and the continent *. >er, lich )re. it ii^el Ihat the Iree • Copy of • letter rrom Morn. Decres, Miriisft' oi' Marinr and of tiiK Colnniei, to (iciientl Arniitronf , American Miiiiiter at I'aris, tlutcd 24th December, IHOtj. I ha«tco to answer the note jrou did mc the honour to addreis to nit en the ?()th of thii naonth. I consider the Imperial Decree of the '21st of November la»t tn thu« far conre^'in;; no niodificatioti of the rc;7ii!ation!t ut present oi>icrved in France with refcnrd to neutral nuvi„^aturf«, nor couNeqiientlj of the Convention of the 3(>th of September, I H(K), (U Vciideiuiaire, 'Jth vear) witli the U. S. of America. But although hjr this answer the four qu^itionv, upon which jour F.tcellencj ha> desired to knoiv my opinion, have been implicitly re- solved, I think 1 can add, that the declaration expressed bjr the lit itrticle of the Decree of the 21st of November, not at all chanf^inf the present French laws concerning maritime captures : there is no reason for inquirini; what interpretation, restriction, or extension majr be given to this article. 2dl^, I'hat seizures contrary to the existing regulations cbnceminc cruizers, will not be allowed to the captors. 'idly, That an American vessel cannot be taken at sea for the mere reason that she is goin^ to a port of F.ngland. or is returning from one, because, conformably with the 7th article of the said Decree, we arc limited in France not to admit vesKis coming from England or the English colonics. 4thly, That the provisions of the 2d and .5th articles of the said Decree nu'urally apply to foreign citizens ^(///uW/uitf^/ in France, or in the countries occupied by the troops of his majesty the Kmperor and King, in as much as they have the character of a e:eneral law; but that it will be propter that your Excellency should cominunioute with .he Minister of I'xterior Relations as to what concerns the correspond- ence of the citi/cni of the U. S. of America with England. 1 pray your Excellency, &c. DECRES. P. S. It will not escape General Armstrong, that my answers cannot have the developement which they would receive from the Minister of Exterior Relations ; that it is naturally to him that he ought to ad- dress himself for these explanations, which I am very happy to give him, because he wishes them, but upon which I have much lesi posi- tive ipformation tbaa the Prince of Benevento. Q 2 p I I.J • :;i 1L6 It is to Ix' prpsumrd, (hat Romo commtinirution jnust liavc l.tkni pliuM; bctwecMi our (lovcrnni(Mjt uiul that of Aiiu'rica, ifany doubt rcuiaiiunl rc- sp{'('liui:;hrr ari|uio.s<'iMiro iti this Decree; and if we were uot huHslled with the notorious fact, that no coiuhMuualion of an American vessel liad ever taken place utuh'r it, and that so little did the French privateers interfere with the trade of Americca with this country, that the insurance on it has been very little hit^her than in times of profound peace, while that on the American trade with the continent of Europe has at the same time been doubled, and even trebled, by the conduct of our cruizers. Unless, therefore, his Majesty's Ministers have some information of which the pu])lic is not possessed, and which contradicts the very clear evidence the public do possess, we must conclude, that the assertions in the Orders of Council, that America had been guilty of that acquiescence in the decrees of France which|K, was to draw down, and has drawn down upon her, ou: menaced retaliation, is totally void of foundation. It can hardly be necessary to point out, that the French Decree of the 26th of last December, issued in consequence of our Orders in Council, can afford no justification of them, nor would it be npcessary here to allude to it, but from the 117 general disposiiion of flic public papers to con found all the Iruiisiutioiis together, for the obvi* oils purpose of deception. If what has been stated be correct, that our orders in Council are not justified by any previous provocation, they must be evidently acts of original aggression, and France has retaliated much in the same manner, and with the same right, as we should ourselves have done, had the Berlin Decree been rigidly executed. by lat |cr, •il it ihe This general view of our conduct towards America, which we have now closed, and espe- cially the last and most important scene of it, ex- hibits, 1 fear, the very reverse of those encroach- ments on her part, and of concessions on ours, which have been so industriously repeated to lead the public blindfold to the approbation of a pro- ceeding, as void of honour and good faith, as of any rational calculation of policy. The prize should indeed be great that we are to obtain by such a sacrifice of national charac- ter. But before I proceed to consider its value, and to explain the pernicious effects of these new measures to ourselves, I shall close this part of my subject with some remarks on the probable conduct which ihey are likely to pro- fluce ill America. The citizeiiH of the Ifnited States are cer- luiiily, as the author of " War in DisgiiiHe" tells us, " a sai»ac ions people," and, perhaps, of all others the most likely to discover their own inte- re»i8, and not to be diverted by enthusiasm of any sort from steadily pursuing it. But they cannot fail to see through the flimsy veil which we have Hirown over our conduct, and to be sen- sible (jf the insuli it adds to the serious injuries inllicted on them. If the present werp an ordinary war, which, like former ones, might be ended by the transfer of a sugar island to one side or the bther, the wishes at least of a sound American politician would certainly be against us. The balance of power by land interests him no f!»rther than as it may ultimately affect the balance by sea : in the latter he is deeply interested, and much of the merit of our just complaints against the usurpations of France on the Continent^ must be lost on him, when the sufferings of his own country convince him that the abuse of abso- lute power is inseparable from its existence. During a considerable period of the last and present war, we have indeed respected the rights of those not concerned in it; but the con- m I 111 it Hits Hl- ♦liicl even of iManrc, can furnish few stronger proofs of a disregard of them, und of more fri- volous pretences bv which they have been in- vaded, tliaii may be found in our eon however, an American, who can take a just view o^ the state of Europe and the true interests of his country, must feel ex- tremely reluctant to be forced into a war with us : He must be aware, that the contest ia really for our existence j that the conquest of this country, if not followed by that of his own, must irretrievably destroy that balance, on which hi* right to treat with the nations of Europe as with equals, must depend. The decrees of the lords of the ocean may be unjust and oppressive, but they are still mild, when contrasted with the mere sic volo which would issue from the court of the universal sovereign of both elements. It must also occur to him thai the very great naval preponderance of thia country cannot be lasting; that it would not even be required if our existence did not depend upon it ; and that our situation and disposition forbid the possibility of European aggrandize- ment ; but that, on the contrary, the system of universsU dominion, now contended for by our enemy, if once firmly established, has every p i " i , \20 prospect of pprmanriiry. In such ii war, there- fore, Aineriea would be fi^i^htiiip^ ap^aiiiMt her most decided interest, and any success she might obtain wouhi, in proportion to its importance, hy destroying with her own liands the rampart Miat protects her, acceh'rate her own ruin. I believe these opinions prevail very generally witli alt thinking men in America ; and al- though the popular prejudices of those who d<» not thinii, which in all countries are in favour of novelty and violence, may^ through our errors, carry their country with spirit into the war, it will be a subject of deep and sincere regret to those who are capable of sober reflection. I be- lieve that America, by fair and proper treat- ment, and by care on our part to avoid all cause of popular irritation, might have been induced to consent to such sacritices as our safety really required. The crooked policy of plead- ing a right which we had not, instead of necessity, has induced them to judge our con- duct by the former test, where it has been found wanting, and to neglect the latter consi- deration, to which we have never called their attention. It might not indeed be easy to make them understand what urgent means of defence or of annoyance could arise to us, by stopping their trade in sugar and coffee, and still less that in the produce of their own soil, or from gratify- in inc^ Hf ihc'xr rxprusc the senseless, itiul MMnere(' of his eouiilry, not only would not disrover the nreessity which juslitied the demand, hut must seethe injury, cventoour- welvt's, that must result from eonsentinjij to it*. Many speeuiative opinions have latt'Iy been published on fhc eharaeter and dispositions of the pcoplt* of America, upon which correspond- inc^ prc{li( do not rcMM t hy war. •* The •' neutral powers have all assenlcd to the ruK; of i!h war of \T)ti iit " point of principle, Ijt Kuhmiftin^ to i!:; pariiiil application ;" and the preamble to the Orders in Council, denouiiciii:; ?h. heavy pcndlf;y in- curred bjr " acquiescence of neutrals in a viot^ifion of their ri|rhts," shews sufTicicntl^ the necessity of a puncUiious attention to triflin invasioos* F 122 Thrrr iin* iin(l()ul)l(>(lly in Aiiiorica niany people vvliocitterfuiii a derided purtinlity for this coiiiitry, uiul for a elose politieal eoniieetioti with it. There are others, on tlie contrar), witli equally decided antipathies against uh. Roth these elasMes are prineipally composed of narHnnal xulVcrin^s, especially in tlio seji-portn. |( would probably be no exag- geration to say, tbat upwards of tbree-fourtlis of all (be merebants, MMimen, &c. enp^j^^ed in com- merce or iiavipjation in America, bavr, at some time or otber, suftered from arts of our eruizers, wbicb to ibeni liaveappeared unjust, and wbich frequently must bavc been so. Tbc unfriendly disposition of Amerii'aii captains, seamen, &c. therefore, tbouc^h by no meann universal, is easily accounted for. People of tbat descrip- tion are not likely to understand tbe danger to be apprelie';'lcd from distant conNcquences, wbicb, in all republican governments, are doomed to give way to more immediate impressions and sensations; tbey read, it is true, of the power of France, but tbey feel every day that of Britain. Among those Ameruans who are really dis- posed to study the interest of their country, dif- ferent opinions have prevailed of the value of foreign commerce. The people of New Eng- land, and of the North, are generally desirous of va hi' 1^5 m |[:;ivinp^ tUc p^rnitrsl |>o*«Hil)|(> extent to it ; while those of (lie Soiitli iiiul Went nre in favour oCuii opinion, that it i% only valiiahle in nn tar m it ttKHistH aii^rieuHiire, hy exehan^^in^ (he Mtiperflii- OU4 prodiiee of the luriner for (lio^ie of f«>rei^'ll roiintries ; and (hat the liirii^e fortunes aeruinu- liited ill (he eonunereial (owns hy inerehantM en^-a^ed itwindireet foreiju^n trade, are rather an injury than a henetit to (Ik* eour.try. The state of Virginia, in partieular, has aeted systeinaticall)' upon this opinion, and (he Leu^islutiire, hy refufl* inc^ to eharter hanks and other coinmereial esta- hlishinents, has, without any avowal of a positive uystem, piven every diseourap'nient to coni- nieree ; and the eonsecjuenee has heen, that tin; trade of (hat state, and North Carolina, is princi pallyeonOned (o (hee\|)or( <»f theirown produce*. One of the prineipal supjiorters of this sys- tem h Mr. Randolph, whose speech in Cniuvres* has beeneae;erlv ¥ I p( Dift Infrrcourso with m Tli<*priiirip!ri i>r tJbi.H lOMitlniian uiid Iiin followcrN, wliu urc piiiiirrUlil uikI iTspcrfublc, nrt>, fiiiit nit oiiru^r* liiciit hIkxiUI iiloiir lie givni to tlir trade in tUv. produrtidiis of tlicir own Noil, mid that no (»(Ii(t c'oninicrrc •iluMild he niuintuincd against aiiv foroii^ii power at (lie risk ol war. Tiiis, tikr all other M^HtcniN, in hy many rarrird to an ubsiird extreme. We should prohalil)' jnd^e it iin- fuirl)' by nuy Kiiropean ntandard ; but it eould not be found wanting in plausibility at K'ust, Uy tho8C wlio are aequainh'd with the simple ehu- rurter of (lie |)oli(ieal inshtntitnis (»f Amerira, and \\h<» must be aware how mueh the preserva- tion of (hat eharaeter of perfect equality must depend on an equality of for(iuie», which com- merce has a diret t tendency to destroy. We are (old, that this diiferencc of o|)inion between what is called the Agricultural and Conunercial interests in America, will always prevent her from engaging in any war with the unanimity necessury to render it successful. This must, of lourse, be a very speculative question. I am, on the contrary, disposed to entertain a high opinion of the public spirit of America, and to expect the vigorous co-opera- tion of every part of the union in any foreign war, when once undertaken; the quarrels of po- litical parties in Congress caq with as little jus- U7 ivc to of ra- k" io- iUv 1)0 relied upon, ns indlcutioiH of (tir ctui- lrHr\, iiH mil o>>ii))iiit> (li^putcs would jiislify any iii(i'n*nM' iiiirii\(Minilil(> to our univcrxut ru- •iHtuiu'v u^iiiii!«( rxh'iiiiil nii'inioN. I %vv no bcneiit that (ircut Hrituin rould derive from (lie disnolution of the prenent I'Vderul (to- vrrnnient in Anierieu, hut, on tfieeonJrury, every reiiMon (o (hiiik thid no other Ntate of thut eoun- try would hee(|uallv i'avourahle (o um. The eon- Ktitulion of (he United States injures to thu world a pMieral adherenee toa.«i}steni of peace; for althoup^h it nn^ht he found .suflieient for de- feiiHive war, it is evidently not ealeulated for the lupport of larp' naval and military establish- ments, whi(li views of ambition would require. Any division of (he eountries would also produce a partial eompression of the population in parti- cular districts, whii li. being now spread over an immense extent, must lonp^ mak(; it their interest to import their manufaetures from Kurope. Expectations, therefore, of a dissolution of the union by war, are founded as little in proba- bility as in sound policy. But if any reliance is placed by our Government on the dissensions in that country, the most eflectual step has certainly been taken to prevent them; and the American patriot will probably see with pleasure, that if he must have war^ the provocation is of a nature J 28 H to unite every piTJiulico, andcvrry real iiilorrst oT his country. Hy uttcniptin^ io roniinc IIk* Euro- pean trade of America to C-i^at Britain, and by the avowal of an intention to tax that trade on its pa'ige to the continent^ tvc are returning to tliose principles to which, even as a colony, she would not submit. It is immaterial whether it be a tax on stamps or on cotton: this question Inis already been the subject of a long and bloody war, and it can hardl} be supposed that America will now submit to a direct attack on her sovereign and in dependent rights. For the question of our right to searcli mcr chant ships for our seamen, provided a proper apology were made for the attack on their ship of war, 1 believe few Americans would be dis- posed to go to war. Even the assertion of the rule of 1756, if it had been brought forward early in the war, be- fore America had fitted out an inmiense coinmer- mercial rrarine; if it had been equally enforced against other nertral powers ; an*' if elTectual means had been devised to secure from molesta- tion their accustomed peace trade; would have left a very large portion of the American people averse to war. But the vigorous framers of our Orders in Council, disdaining the benefits which might lii' k hi9 b<« derived from disuniting; their enemy, have, by devoting to tiie same indiscriminate destruction the interest of the farmer, of the mercliant, and of every description of persons, taken effectual care to prevent that disunion, ^vhich their advo- cates affect to expect. The Americans, interested in tlie commerce in foreii^n productions, will sec it destroyed by measures, \vhieh equally deprive the as^rfculturer of a Market for his produce. That the permis- sion given by us to re-export it from oui' great emporiu'a to the Continent of Europe, must he nugatory, and that acquiescence on the part of America, in the usurpations of this country, must produce war with France, are circumstanr^cs of which little doubt, could be entertained, before we were told so by tlie Paris newspapers. Great, therefore, as is our naval p<,wer, the produce of America will, perhaps, fiiid a foreign market, as easily in opposition to our warfare, as through the means that might be expected from peace upon the terms we offer. War, ihov, there is ev( ry reason to apprehend, must be the infallible ro isequence of these mea* sures ; g-nd perhaps of all the foolish f».nd impoli- tic wars recorded n history, not one could be t'ound to' equal this, nor any two nations whose manifest policy more decidedly pointed to a sys- tem of peace and good understanding. It would 1:^0 be a diflinilt (ask to decide upon the variouii csUr.idteii wliicli have been rorincd of tlie com- parative disadvantages to Great Britain and America; but so lar is certain, tiiat it must be a great and unqualified injur)' to both, and a most decided and permanent benefit to our great ene- my ; who, forming an opinion widely differing from ours, oftlie consequences of the increasing wealth and commerce of America, feels almost as great an interest in their destruction, as in that of the commerce of any county of England ; nor can he fail to feel a malicious satisfaction in seeing this work of self-destruction perfornj ' with our own hands*. The comprehensive nature of the injury which America must suffer from our system, by leaving no class of its population unaffected by it, aObrds little hope of the interference of any for the pre- se.'vation of peace. The great interest which a i"^ * The opinioni of France on this subject may be correctly ascer- tained by a peniial of the Memoire sur les ReUticns Commereiafea det Elal»-unis avec VAnglelerre, by Mons. Talleyrand, read at the Na- tional Institute in 17^0. The whole of this memoir is highly in- tcrestiogf at the present moment, not only from the important situatioa of the author, whose intentions at the time of publication could be liable to no suspicion, but from its general merit. Those who are acfoainted with America will not fail to recognize in this small publi- eatioD, a more correct and profound knowledge of that country, and its commercial relations, than in all the volumes of the numerous trarellers, who have described it. It should make us more than commonly cautious in our treatment of America, when we reflect how much our advenary is at home with tkis subject. V3\ rounfry, still possessing the moans of indopen- (Umico, should feol in the preservation of ours, will he lost in the more immediate and percepti- ble eonseqiiences of our own folly and injustice. It is, however, to he hoped, that an interest and a policy so obvious to America, will not be lost si^hi of by true friends to their country, and that^ on our part, by an early discovery of our errors, which it can take but a short time to make, both countries may ag^ain return to that union and s^ood understanding which, although I fear beyond immediate recovery, may by temper and moderation be hereafter restored. iscer- s del Na- iii- latioQ Mbe ars iblj- and krous Ithan how I The circumstances, which have been ex- amined in detail, vrill, I hope, satisfy the reader, that the system of hostility, recommended and practised towards the commerce of America, and which has, at last, been carried by the Orders of Council to such an extreme, as to bring us to the eve of war, cannot be justified by any pretended disposition on the part of that country to in- croach on our just rights, or to undermine our power at this very critical period. Had a doubt remained on this point, it would indeed have been idle to have entered into any estimate of commercial consequences ; not only because tim s2 \:i2 »tW, I high and undaunted character of our country ih the most prcciouH treasure which we have to preserve, and the best p;uardiaii of our safety; but because, submission from sueli motr esf would have tempted a repetition of pretensions, that must have ended at last in tlie war which vvc wanted to avoid. It must, on the contrary, be evident from the whole tenor of our proceedings, that conunercial intc'^rt has been our moving principle through- out; • every demonstration of the slightest hostility ^n the other side has originated in our attempts to advance that interest, by violating the rights and interests of others ; and that if we are at last called upon to take up arms, it is on our part a quarrel about sugar and coflee, and not in support of national honour. I shall now, therefore, examine the correct- ness of our calculation on this occasion as mer- chants, which will be best done by supposing, in the first instance, that our measures do not pro- duce war with America, but that they have, on the contrary, the consent and co-operation of that country. I shall afterwards shortly allude to the more obvious consequences of a state of actual war; but it is important first to shew, that even under the most favourable circumstances, our new system must be eminently mischievous. It has been justly observed by many authors u^ that the ual ven our a8 u siiig^ular circunistanco, that the conduct of most statesmen, who, unfortunately for our com niercc, have made it tlieir peculiar care, has been directly opposed to the generally received ax- ioms of political <>conomy ; and that although every writer would in our days deprecate the interfering regulations of bounties and monopo- lies, and the busy meddling of those, who think they can settle artificially the many complicat- ed relations between the industrious classes of a state ; yet such has been the temptation to try some favourite experiment, and such is the opinion of their OAvn abilities, which people are naturally disposed to entertain, that a justi- fication is easily found in their own minds for that deviation from sound and established max- ims, which in others they would be the first to disapprove. The only beneficial care a Govern- ment can take of commerce, is to afford it gene- ral protection in time of war, to remove by trea- ties the restrictions of foreign Governments in time of peace, and cautiously to abstain from any, however plausible^ of their own creating. If every law of regulation, either of our internal or external trade, were repealed, with the exception of those necessary for the collection of revenue, it would be an undoubted benefit to commerce, as well as to the community at large. An avowed I'M mm 134 i^^stcm of leaving things to take llicir own cotirsr, and of not listening to the interested solieitationii ofonechissor another for relief, whenever the imprudence of speculation has occasioned losses, would, sooner than any artificial remedy, re-pro- duce that equilibrium of demand and supply, which the ardor of gain will frequently derange, but which the same cause, when left alone, will as infallibly restore. The interference of the political regulator in these cases, is not only a certain injury to other classes of the community, butgenerally so to that, in whose favour it is exercised. If too much sugar be manufactured in Jamaica, or too much cotton in Manchester, the loss of those concern- ed will soon correct the mischief; but if forced means are devised to provide for the former a temporary increase of demand, which cannot be permanency secured, a recurrence to that natu- ral state of fair profit, which is most to be desir- ed by the planter, is artificially prevented by the very means intended for his relief. And if the cotton manufacturer, on the other hand, is to have his imprudences relieved, at the expense of those employed on linen, silk, wool, or other ma^^ terials, the injustice as well as impolicy of sucli a remedy need no illustration. ' ' There is nothing new in these opinions. They I'M 135 r a be 11- ir- he he to of a* h arc tlios(^ of every writer on political econoiny : They have tlie assent of all who talk on the Kubjeet ; and it would have hcvn useleHS to repeat them, but that they ure in direct oppo- sition to the i2^eneral conduct of our Government^ and are, more inunediately and extensively than ever, violated by the new system we are consi- derini^. Whenever the assistance of (lovernment is called for by any class of traders or manufac- turers, it is usual to make the most splendid dis- play of the importance of that particular branch to the nation at lari»*e. The West and East India interests, the ship owners, the manufac- turers, the American merchants, have all the means of making these brilliant repre8entations ; but it shoukl be recollected, that the interest of the state consists in the prosperity of the whole, that it is contrary to sound policy to advance one beyond its natural means, and still more to do so at the expense of the others ; and tlie only mode of ascertaining the natural limits of each is, to leave them all alone. Our West India planters supply us with their produceto the fullextentofour wants, but, say they,—'* if you will go to war with the '' Americans, who are the principal consumers of " your domestic manufactures, and furnishers of " the raw materials for them, we shall raise sugar " and coffee for the whole Continent of Europe, *' s^ndwe will prove to you from the custom housa J 136 •* returns, tliutllu' bcndit lo be dcrivotl from llic *' increase ofoiir pliintutions will more tliun eom- " pcnMatc uny Iomh tlie interrtipHon of your inter- ** cuurHC with America can produce." Su()poMinjB^ the planters could prove tiieir position, in which, however, ihvy arc totally miHtaken, would it thence follow, that it would he for the interest of the state, to increase to an enormous extent tlic manufacture of suu;ar by slaves in the West In- dies, at the expense of those carried on by our own people, on the produce principally of our own soil ? The necessity wliich the planters would in this instance be under to have recourse to the interference of power, would, without further examination, sufficiently prove, that they are themselves as much deceived, as we should be in listening to them. , . • . The effect of power must necessarily be tem- porary ; we cannot continue eternally at war with America, nor keep the produce of the fo- reign colonies forever locked up : There-action, therefore, from this forced state of things, when the pressure of power is removed, must inevitably produce that general distress which they, who derange by poisonous nostrums the healthful state of the general economy of a nation, must both expect and deserve. * If it were not an undoubted fact, that our pre- sent measures have originated principally, if not 137 wholly, in the persevering; representations of th« West India interest, I should contine niyncir U> these general observations on tluM part of my subject ; but as there are Mtill advocates ( in prac- tice at least), for measuring out in a privy coun- cil how many people shall he employed in mak- ing sugar, how many in making cloth, or in agri- culture, I shall examine shortly the narrower ground of apparent interest, which is even as singularly a[4verse to the present measures as the more comprehensive and liberal considerations of policy. _ . . r , This inquiry will be reJlder<^d more intelligible, by introducing here an explanation of the nature and extent of the commercial intercourse of America with Great Britain, and with other parts of the world. The origin of the inde- pendent commerce of that country, and the course which it had taken during this and the last war, have been already stated; the whole subject will now be better explained by tigures. The last report to Congress, on the 6th of No- vember, 1807, of the state of the fmances for the preceding year, although it gives simply a state- ment of articles consumed in the country, and not of those re-exported, justifies, when we com- pare it with former returns, the estimate of the T r 158 importntioiiii of the produce nnd mAniifactureA of Creut Hritiiiii, at nixtiit ten millioiiH sterling, which H^rrcM aho with (he cnicuhitionii] on thii side, alfhoni^h, iVoni ihv li.txh* of entry in both countries, Ihry arc liahlr to error. It h''coMi('» iiifcn'stiii/^ to consider what pro portion our trade ^^i(il America bears (o that of other countries, that we may I'orm some ideaoftho benefits to be derived from the establishment of independent colonies, and from the neutral state of those colonics, if they may still Ae called so, in times of war. As there is a disposition to value hig;hly the commercial benefits of our ene- mies, and to consider them as lo8s<'s to our- lelves, I shall also endeavour to shew what they «irc when compared with our own. Such an esti- mate will give a general insight into the whole subject, and I am able to give it correctly from H "very clear report made to Congress in 1806, previously to the passing of the Non-Importation Act. This return is of the average of the three jears, J802, 1803, and 1804. The whole scale of imports and exports have since increased, but there is no reason to suppose the proportions have varied. The figures I shall state in round sums, and in English money, taking the dollars at 4f. 6d. ^he amount of annual Imporfotioti into the IJnitt'd Stutrs from ull parts of the world, wuh - £ 16,950,000 tr Of which, from theduminions 'a of ( I rent Britain - - - Holland, France, Spain, and Italy ---..- Northern Powers, FrusHia,and Germany - - - - - Portugal - - - - - China, and other Native Poweru of Asia - - - vS V All other Countries - - t u J a 9 8,oyj,ouo 5,731,000 1,596,000 ti49,000 1,093,000 188,000 £ 16,950.000 The value 6f the importationl from the domi- tiions of Great Britain was therefore equal to that from all the countries of Europe and their tolonies together, including the sugar and cof- fee for their own consumption, and for exporta- tion, which are almost exclusively furnished by by those colonies. Of this value imported^ manufactures of cot- ton, wool, silk, leather, glass, iron, paper, &c. constituted about £ 9,000,000^ and came from Ills following countries : t2 140 Thr (lomiiiiottM nfC^rfnt Dritain jf d,H4r}.0(X) i RiiMia ... . . » m 280.000 Goniinny, SwimIi'm. niul Donmitrk . 550.000 llollaiid ... . . ■ S55.000 rriiiici* .... . . . «75.0(X> Spain. l'oiliiu;iil, {in " £ y,o()o.oo() \- J ... 'thus wr »re, that rntvrithttandin^ Eiiroprao niRavifacturod urticlf? arc admitted from all coun- trirn at flic muw rate ofduticii, and although th balance of trade is in favour of America >vith t Continent, and ap^ainnt her \rith this country, yet that France does not furnish one twenty- fourth part, and nil Europe collectively not one fourth part of the amount imported from thia country. The exports from America, on ah average of the same years, ^mounted to £ 15,400,000 ^)f which, in domestic produce In foreign produce re>exported 9,000,000 6.400,000 141 Titry were dintrihiitcd in the tullowiiig^ man- nrr; . , To (Iw (loiiiiniuiiK ufCircut Britain £ 5/i(X),(X)0 Vix. Ill ICiirupc - £ 3..W:»,()0() AhIii - - ^^y.CKX) The VVrnt Imli.H I.KjH.CKK) North America - IHS.UUO To the (loiniiiioii!! of all the othrr European Powerji - - - l(),2(X),0(X) £ I5,4(H).000 The b.ilancr, which this statement would leave aj^ainst America, must arise from the mode ot* stating; the accounts. Probably it is in her fa- vour, but not much, as her demand for European articles will naturally" be regulated hy her mcanf of paying for them. The foreign produce re-exported, amounting to rf6, 400,000, consisted of the following arti- cles, viz. . . Manufactured Goods i^ 2,200,000 Coffee 1,695,000 Sugar 1,300,000 • ,. All other articles - 1,205,000 * j^6,400,000 14S Tkc chief artlf'lr, therefore, of re-exportation, and of indirect trade, is the manufactures of Eu- rope, three-fourths of which, it has been shewn, are fronr. this country, and thus find their way to differe/it parts of the world to which we hayeno access. t'rom Great Britain and her depen- de.icies, we have seen that Ame- rica imports the value of - £ 8,093,000 That she exports to them - - 5,200,000 Leaving a balance in our favour of £ 2,893,000 \\ % Vhich must be paid to us by the Continent of Europe from the proceeds of consignments from America to Hoi 'and, France, iSpaiu, Italy, i&c. hnd which we know to be the case by the large remittances received from those countries for American account. If America were excluded from all communication with the Continent of Europe, she would not have the means of paying this surplus, but would be forced to confine her demand frr our articles to what oiir consumption of her own would enable her to pay for. This balance of debt to us, which Americd pays from her intercourse with the Continent, and which is calculated on the average of three 1^3 tion ricd md Iree years cndint? in 1804, must now be estimated much hij»licr. In the first pluce, our exports arc considerably increased, and for 'lie saU; of a great portion of the articles imported from thence we rely on foreign markets, which we arc no long* r able to procure : — Upwards of one half of llic tobiicco we import is re-exported, as must ne- cessarily be nearly ah the articles not the growth of America, which cannot be imported for home consumption. It should also be observed, tiiat the three years above-mentioiied included one of extraordinary scarcity in this country, during which our importation of provisions was unusu- ally large; so that, upon the whole, it would pro- bably be no exaggeration to say, that we should draw from the continent of Europe between four and five millions sterling armually, in return for the manufactures sent to ,\mqrica, and for which that country has no other means of payment. In comparing the relative advantages of our American with our West Indian commerce, although 1 am by no means inclined to under- value the latter, it may be well to point out to those who may be disposed to make nice, though not always correct, distinctions, that in the ma- nufactures exported to America there is a much greater value in labour, and less of materials, than in the same amoiu^i sent to the West Indies. In one country, we principally provide for the luxu- 9 J 144 ries of the "weaUhy, in the other the coarsp clothing- and implements of slaves. If, on the other hand, we compare the returns \vc re- ceive, we shall find that the West Indies fur- nish us with luxuries, which, when wasted, leave no permanent wealth hehind ; but that America lends us first money, which gives us the power of commanding with it what we please ; and se- condly, articles essential to those manufactures, for which she is so good a customer. The fol- lowing is a statement of the quantity of cotton imported into the ports of London, Liverpool, and Glasgow, from different parts of the world for the last year, ending the 31st of December, 1807: ' • From the United States of America 171267 The British West Indies . , . 28,969 The Colonies conquered from the Dutch 43,651 Portugal 18,981 '^ East Indies 11,409 All other parts ....... 8,390 Bags 282,667 0/ the whole annual importation, therefore, America has furnished about five-eighths. The average importation into Great Britain of the L45 )1 he he lasi ten years, lias been only *2 19, 000 bags; and us that of the present year certainly exceeds our consumption, she may be .said to supply us \vitii three-fourths of the hitler. The l8/.)8l ba^s, fiunished by the llrazils, are only equal to G/J5S from America ; tlie banjsof the former vveij^hing, on an average, only 1 \Olbs\ , and the latter 300lbs. It is said, that about 140,()(X) bags were annually imported from the Brazils into Portu- gal ; but if they were now ail «ent hojre, they would, by the same proportion, only amount to 51,330 bags of SOOlbs., and consequently not to one-third of the quantity received from Ame- rica. There certainly can in no event be any apprehension of want of cotton, no article is more generally or more easily produced in all warm climates ; the increased cultivation in the United States proves that it ti be afforded there at the cheapest rate, and we cannot procure it with more advantage than from a country which takes the same article back in a manufactured state, probably to the full value of the raw n :i- terial which she furnishes. The other principal articles which we receive from the United States are, tobacco, wheat and floyr, rice, pot and pearl-ashes, boards, timbei, &c. pitch and tar, flax-seed, hides, &c. ; all, with the exception of tobacco, necessary for our food, or for our manufactures, and some of them 4 ' V ^i I 146 f»urti< iilurljso yhich the balance has been against us, and uo just cause could therefore be assigned for check- ing by high duties the consumption of our manu- factures. It appears from the public papers, that by the temporaryregulations of our intercourse with the Brazils, thesehigh duties are to be continued there at least for the present. Without knowing more of^^that country than we at present do, it is impossible to determine whether the impo- m 150 lition of 40 per cent, 'will maferially aflfect th« consumption ; but if our commercial treaties iFirith Portup;al arc to be held up, as the^r hate been^ to the admiration of statesmen, we cannot fail to admit the liberal policy of Amriicu to- wards the produce of our industry, when we con- sider the lar^e balance which she has annually to pay us, and our illiberal jealousy of her inter- course with other countries, from which alone that balance can be derived. Although the probable emancipation of the Brazils from its colonial state, which the removftl of the Court of Portugal promises, has little con- nection with my subject^ I cannot avoid observ- ing the singular disposition of the public to en- tertain extravagant expectations from this event, in which they must inevitably be disappoitited, and to grasp eagerly at a shadow^ while the sub- stantial benejlits^ which we actually enjoy from the maturity of an empire planted by ourselves, are studiously undervalued. I by no means in- tend to deny, that we may not reasonably etpect some immediate, and more future bene:fits from this event ; nor is France, in my opinion, mis- taken in forming the same expectations. An in- crease of civilization, of industry, and of a free circulation of intercourse, whether promoted in Siberia or South America, is a general advantage to all the world. Of alt monopolies, that of ih6 m >m IS, in- let Im In Jl^roat works of our Creator ii the most odious ; iuiil it must interest every feeling mind to see mo liirgc and so fine a portion of the globe at last opened to the free inspection and examination of mankind. The industrious individuals of all countries will also derive advantages from the rapid progress, whieh this new nation, if libe- rally and properly administered, must make; but the inunediatc benefit to our manufacturers and shopkeepers is certainly oVer-valued ; and if the exaggerated opinions, which may have been imprudently circulated from political motives^ be acted upon, losses, similar to those produced by the bubble of Buenos Ayresj must be the consequence. Without entering deeply into this subject, 1 shall confine my eflbrts to destroy this illusion, to the few observations which follow. As we have hitherto principally supplied the Brazils with manufactured articles, the shops ot Rio Janeiro will be found as full of them as those of Lisbon. For the present our only gain will, be, that we havo not lost the whole of the amount of our exports to Portugal. No new channel ii therefore opened, but we have prevented an old one from being totally stopped. An increased general constimption must be the work of time,, and cannot be produced by the act of any go^ Ternment. Although the Tesources of so rich a. i.va ii roiiiitry may hcrcnUcr iiiiprovr, the urtulcH wliirli it can now rxport nrr priiicipiilly (lir Nuim* ii;uese cohtniNtM, uliirh have only enahh'd them to corrupt and enervate their deluded countries. From the examination which we have con- cluded of the nature ami extent of the commerce of \merica, the folio winfi; conse(iueneei are oh fioui :— Firit, that it is for our interest to pro- mote the conflumptitm of the produce of the soil of America in all parts of the world, and that three-fourths of the money proceeding; from thai cofislimption of the Continent of Hitiropc are paid to us : secondly, that we are ulno interested in the indirect trade of America, and that ar- ticles of our own manufacture are the principal objects of it : and lastly, that every dictate of lound policy should lead us to see with plea- sure the prosperity of a country, whose accumu- lating wealth contributes in various ways most essentially to our own. Ndw supposing the most friendly conduct on the part of America ; that she admits the justico of our Orders in Council, and that she goes to \raT, as she then must do^ with the remainder of tht world by yielding to them ; the consequences to liiMM-ll' \\n%c hcni roiiiHidrrrd, hut lio\% should wr Im> iiirt'ctc'd ? >\c nIi(iiiI(I first loir (hat diNpor-* NJoii of our luunuturturrH throu^^h thr chuiuicl of Aiii«*rirn, which uuw miNtii ; hiuI Hccoiidly, hrr own rnit>tuiii|dioii of lh<-in must ho nduted l<> our hiiir<)tils pn M'ut < Mihiit h\ hrr inahilit) to puv tor iuor«' ; h«'si(h's that fh«* dislrrns producrtl throughout the countrv hv the wAitt of drunind tor her donicNtir produce, woulil iucapucituttf her IVr<*ipi cxchanp'M for mniie time puHt, NJievvs how niuch wc WHui tliiM hirp' uid, wliirli our Ameri- VHii cunnrHion indirectly u Horded ; and every uiervhunt eonneeted with Anierieu known fhnt thiM demand alone lor hills on Ijondon, wliieh has pre\ailed in every part of the Continent, hui liDf a lon^ time supported the exehan^i^e, the cir- culation of wliieh, even hetw<'en Pari»and Lon- don, all th(; vigilance <»f the enc mtich increased, and be rendered very pressing by an American war ; for our fleets ill the Mediterranean^ and s^arrisons of Malta, Gibraltar, &c. ; for it has the same effect on the Exchange, whether the commissary draws his bill on the coast of Barbary, or the coast of France ; also for interest on public stock held by foreig;ncrs, amounting annually to dCi 00,1)00.*; and for the produce of the Dutch colonies sold here, but belonging to re- sidents in Holland. Trade, when leu alone, will always accommo- date itself to the varying balances of ditferent countries with each other, provided they have all the same cir^^ulating medium of the precious metals. If, on the continent, the exchange in London is very high, the demand for British manufactures and colonial produce is checked ; similar articles can be furnished cheaper else- where ; if, on the contrary, it falls, the demand is again promoted : and in this manner, although the country, possessing the most commercial advantages, will draw the greatest portion of gold and silver, the poorer will avoid being totally drained by the natural tendency of trade * According t' a return made to the House or Commons, the interest of public stoclt lounted to ci.'03,00n, the remaining o£'70,0(iO are ^dded for Bauk and India stock not included in the return. ? ^ I I 15S to proportion the consumption of forcig^n ar^ ticlfs to the means of payinu^ for them. But when the arm of power interferes, and de- prives us at a hlowof four or five millions sterling, which the industr^^ofour manufacturers, if h*ftto themselves, would have procured for us ; at the same time that political causes prevent that cor- responding contraction of our wants ahroad, which it would otherwise be hardly possible to produce so suddenly as to meet the exigency; the consequences of such a shock demiind the most serious consideration ; and more especially when applied to a country standing in the sin- gular predicament of abandoning the general medium of circulation, gold and silver, for paper, which is of no value beyond its own limits. As long as our system of finance and com- merce is in such an artificial state, and we have to provide for an annual expenditure of seventy millions sterling, it is impossible that the pre- cious metals, which have not increased in quan- tity in proportion to the depreciation of our nominal monev, should furnish us the means of circulation. Now, though in countries in a natural state, the balance of trade needs no regulator, yet our particular situation certainly requires that all commercial questions should be considered with reference to the necessity we are under' l.'iO m- ve ty Ire- n- ur of to resort to t!.c circiilutioii of papor ; and hi this respect, tlio ronscqiitMices ot' a moasiire. like the present, which must, under the nio^t favourabh* circumstances, deprive us of four or five millions towards our annual balance with the rest of the world, deserves mature consider- ation. It would be useless to point out the universal ruin, and the total revolution in all the fortunes of individuals, if our paper should sulfer any de- preciation, that is, if we become unable to pro- cure for it the real amount of the circulating me- dium of the world, which our paper nominally represents. Now it appears to me that this danger is more to be apprehended from an un- favourable state of our foreign exchanges, pro- duced by an unfavourable balance of trade, than people seem generally aware of. To examine this question as minutely as its importance de- serves, would take me too far from my subject ; but at the same time it is perfectly consistent with it shortly to notice one of the most import- ant evils> to which the measures we are discussing may lead. The value of a bank-note certainly depends on the ability to command with it the quantity of gold and silver, which it represents ; if the laws enable you to command it from the person issuing^ the note, there can be no fear of dcpre- T^ ? ciation ; if they do not, the only rrmaininji^ re- liance in, that foreign commerce will draw into our country the circulating medium of the rest of the world, or at least call for none of ours to fiatisfy debts abroad, and for which our paper would be of no value. It is in short immaterial whether the value of the note can be got at by compulsion, or by the high value which our papi r acquires by a favourable balance of trade. The latter has fortunately betm the case in this country since the former ceased ; our paper pound would always command a proper propor- tion of the livres and florins of the Continent ; but if this should cease to be the case, all the caution Pud all the confidence possible could not save our paper from depreciation. A pound sterling, and a pound Tournois, would soon be of fequal value, if no more gold or silver could b^ commauded with the one than with the other. mi .t of In inquii'ing for \\\v supposed bciiofitH to be cxpertru Troin tbc cxliiictioii of the only romiiiii- vwf^ neutral commerce, we are naturally, first, directed to our West India colonies; not by any rational analo&;v, but by the unremitting zeal of those concerned in them to mislead the pub- lic, both as to tlieir own immediate interest and that of the country at large. I feel myself relieved from the necessity of any extensive examination of the causes of the d istress experienced by our AVest India colonists, by the very able publications which have lately appear- ed on this subject. After the numerous writers at home, the colonial legislatures, and, I am sorry to add, a committee of the House of Commons, had for a long time concurred in ascribing this distress to higb duties in England, and to the monopoly of the markets of the Continent by neutrals, some genuine light appears at last to have burst forth, and the increased cultivation of the staple articles of West India produce beyond the general consumption of the world, appears uow universally admitted to be the real cause of the misfortunes of the planter*. • The last Edinl)urgfh Review, and ]Mr. Fpcnce, in his " Radical Causes of the present Distresses of the West Indiu Planters," have cxamiucd thi* tubject in the must satisfactory luuuner, and piust T 1: 1 102 Ev'rry morcfinnf un(1cr4 tityimportt'd. fnstcnrl oflookliifi^ror tliatdcinand, wliirh can iicvor be toiitid cither diirini!^ peace or wur, the planters will do wisely to alteiid to the only other remedy of rcdiieinp the supply ; for in cncoiirap^inp; any other hope they miiHt infal libly be deluded. No man can consider the di»* tress which has been repeatedly described, and cannot easily be ex'ic;^erated, without feelings of deep rei^ret; but a ladical remedy can only come from what Mr. Spence, in his excellent pam- phlet on tins subject, calls the vis medicatrix na- turos. For let us suppose even that we could suc- ceed in shutting up all the produce in the ene- mies colonies, and that the continent were re- duced to the necessity of consuming that of our islands, which might then even be increased, the evil would be thereby delayed, but it would be aggravated. If no means can be pointed out, by which a permanent demand can be produced, the best advice the planter can receive, is to meet distress which is inevitable, but which must also be temporary, with economy and forti- tude. But if it were desirable to procure a moment- ary relief by exportation to ihe: continent, the Orders in Council aj[)pear rather to check than promote it. Their menacing tone has excited irritation, and prodtued increased rigour on the other side. — By extinguishing the only remain- 165 iii^ nciitrul, tli(> uu'iiiia of introduction of our iiH'rrliaru!i/o are diiiiiiiislied*; uiid us the Aiiicricaiis arc poriiiitted to briii|!; the produce of the West Indies to this country for rc-export- utioii, every pound of sugar so imported must be sent abroad, before that of our own colonics can be atforded, as must also all articles im- ported from the llra/ils, or captured at sea, which are not to be admitted for home con- sumption f. The time which has been chosen for the intro* duction of this new system, has been also, as it regards our colonists, particularly unfortunate. We appear to have waited until the increased power of our great enemy had at last enabled him to close every port against us. Had a single opening renuiined, we might have some chance of promoting the sale of our own colonial pror * It muit be known to the Hourd of Trndr, Itiat coniidcnible fttcililiei were derived from the American ttug, which it would >>« usclcis and |)erha|is mi8C(iievou iient and much temporary relief is to opt n the ports to neutrals generally. If it he true that, under the pr<>scni plan uf hringinc^ all liieir prodiu-c to this ctumtry, thai produce miiU soon he> (oiitined ((» our own consum|)tioi;, vhu could possibly he injured by givinj;- the pianlLT the chunce of dinposinp; of the surpiits? Iftlic ship-owner can only ultimately earn a freij^ht on the su^ar consumed at home^ what injury could it be to hiku, if afterwards all the world were supplied by our colonies ? TIk" poli( y of favourinu; our own shippinjci^ cannot be doubted; but if restrictions, injurious to other classes of the conununity, are for that purpose ftomctimes necessary, we should at least care- fully ascertain that they really produce the benetits they profess. By permiitiiig our co- lonists to sell to neutrals, I do not think they could iu that, or any other manner, supply the cousumptiou of foreign Europe ; but they \m \%i I i nii^lit pitrtially I'lirniiih (liot of Amcrira. of wliirli tlif> I'Vrnrh ntid Spnititli (miIoiuch Iihvc thr innnopolv. At pn'sciit, b) tin* iiio>t aliMird polirj, our pliintcrM nrr prrvriitrd from pu>iii^ for thr lurp' aiitoiint of provi*ti<)iiM iiiid Miipplin from Ainrricii by n rohirii ol'lhrir own pro(tiir<\ whirb would willinu^ly bo rrrri\rd, i)rraiisc flu; wludcof it iiinst p) to the inuthcr touutr^i where it mil only nrW at a lossi. If the complaints of the Wt'Nt India plantrr8 thoup;ht it '^oi\ policy to permit the intercourse of neutrals with our Indian possessions, the Americans are, in every respect, to be preferred to those of the North of Europe. Their political institutions pre- 109 Vrnl thrlr forniint^ iinv s<'tfl«'inrnt'i in Tmlin, nnd tiabitv iiiul lnii^iiiiu:f uill iilwavs Inid ihrni Ui uuri. Thcv liiivr ih) iniiiiuriK (tiro of tlicir own 10 nilfrrnr wifli u%, hut alv%iiyH p^o <« nisirkrt \fith iiioiir\ Tln'ir iiitiTctmisr, tlicrrfon', iiirvry point of view, must he politiciiMv inoir«>iisivr, HMil rounncrcially bruriiciul. If u war witll Ameriru HhoiiicI deittruy tlu^ whole of her trado to India and China, we nIiouKi probably fVel severely the want of •»ilver. 'I'o fjenu;al the AnierieauH nuiy be ronipuled to Ncnd about half 11 million Mterlin^ anniuilly in Spaninh dollars, and about the Namtr sum to China, whirli if certainly mueli nu)re than h sent from (j'reat Britain ft ii inunaterral who brin|»;H (he silver into the niarkel, of whieh it fireililates (he u-enc- ral eireulation. At Canton, I undefMtand it ii indispensably necesMary, us the nierehants are obliged to pay the duties in silver ; hut if brought there by the Amerieuns, the Company is thereby equally enabled to cireulate the nvanufactures of this country. It appears, from a return nnidc to the House of Conunons, that the value of liritish manufactures exported to China has been {gradu- ally but rapidly increasing, in 1782, it amount- ed to -£'105,041, 141 1792, to 5^559,651, and in 1805, to ^ 1, 102,620. I am rfot able to ascertain what quantity of stiver has bceu sent during the same p«riod> but I hav« uo doubt that it hat 170 \l. diminishf'rl since the rt gjular Rupply of the market hy the Aiiiericuiis ; and that our factory has not only been able, hy this circumstance, to increas©, the ^alc of our manufactures, but also to pro- vide, in a greater dejj^ree tlian formerly, for their purchases, by drafts on the Company at home, and OK the diflcrent presidencies in India. The interest of the ship-owner remains only to be considerec;, whose prosperity must depend upon that of the diflerent branches of commerce, and whose case might therefore be said to be de- termined by theirs. The shipping interest never inil ti) avail themselves of their connection with our naval power in inforcing their complaints and opinions, which, it is to be rogr^'ttcd, is fre- quently done with a disposition to indiscriminate monopoly, which all commercial bodies actir^g together never fail to shew. A few common- place phrase-} about our Old Navi Ration Law3 2Mi\. our Maritime RightSy answer the place of argu- ment, and little trouble is taken to ascertain in kow far they may or may not be really injured hf- any remedies suggested for the relief of others. This domineering spirit falls principally upon the West India Planters, and of the loudness ard extent of the outcry before they are even hurt, some opinion may be formed by recollecting the clamour against the American Inter- «ourie Act. It is tc be hoped^ however, that I 171 ate n* nd u- ill bj. ra. on rd rt. •ff x- at no Ministers will bf withheld by-poliUcal cow- ardice from admiiiiKtf'trinp^ equitably and impar- tially between the dillV rent commercial interests of the country ; and that, where the encouraj^je^ mcnt of our shipping requires restrictioiuB and C!OkiopoIics, which I by no means deny, their efficacy and utility will be thoroughly inves ligated. In the geneial paths of trade, the American does not appear to interfere much with the Bri- tish ship-owner. In thr ports of our enemies, the latter is of course excluded, and deprived of nothing by the former, The supply of our West India islands with firoviwions and lumber appears the only essential point of c^ Hi ion. My limits will not permit me hereto examine this question minutely, and J shall barely ataie my opinion, that during war, proper and ade- quate supplies can only be furnished by the United States, and m their own vessels. It may he proper in this riace to correct an error which appears general, namely, that America claims a 7-ight of intercourse with our colonies, — a claim w^hich has been enumerated among her other encroachments, and a most extraor('inary one it certainly would be. We have an undoubted, right of regulating every thing relating to our colonies. America may also regulate for her- self; she may prohibit any commuuication with z 2 i7e oiii' colonies, iinloss in the mannrr most agree- able to licr ; or she nia) more or leas encourap^e, by distin^uishinij; duties, tbe niannfactnres of different European countries, aeeordin^ as they permit an intereourse with their colonies on li- beral terms. These reciprocal rights may pro- duce an agreement by treaty, but iio preten- sions to interfere in a legijimatc exercise of sqr vereighty could be urged on either side. The prosperity of our shipping interests re- quires as much as tliat of every other branch pf trade, that the occasional fluctuation of de- mand and supply should not be interfered witl^ At the close of the last war, we restored colonies which had employed near J(X),(XX) tons of shipping ; and we had discharged a great num- ber of transports. Although the causes as well fis the co^isequenccs of such events could not ipasily be mistaken, yet t^n alarm must be im- mediately given, and a noble author thought proper to increase it, by giving the public d list of all the ships for sale in the river^ wifh tli*' interesting j^ddition of the names of the brokers; ^. Tlie whole amount of tonnage for sale in the summer of 1802 amoui^ed by this account to 36.299 tons, and considering all circumstances, it raust appear surprising that it was not greater. Another author f, inthesamestrain of alarm, teljs * Lord Sheffield on the Navigation and Colonial system, -i- Concessions to Aoierica, &c. 17.'? jm- wA hi isi he *■ he to \es, r. Us us that in ISOO, 18,(XX)tons of shippina; wore for sale in the river — a quantity whicli hardly ap- p('iir8 to exceed that stock on iiaiid whicii the cirnihition of trade must require. A return made to the House of Commons hIjcws that between the ^4th March and Hth Auc^ust IS()7, transports were taken up for home service to the amount of .'? 1,278 tons. How could they have been procured if there had not been a laru^t' por- tion of sliippin^ uneniphiyed ? The public ser- vice, and the occasional operations of merchants, necessarily require a stock of unemployed ship- ping;, which will rep;ulate itself better by the in- terests of the parties than by the officious inter- ference of Government, If our conuiiercial shippinc; should decline, at a time when we can sail scarcely to a port of the Continent of Eu- rope, it cannot be matter of surprise ; but do not let us look for remcdi^^s which are not to be found ; nor destroy, through a blind ij^no- rance, the only valuable intercourse we have rcr inainmg. The prejudices which are encouraged against America, make us even mistake the most im- portant benefits for injuries. It has been men- tioned as a subject of complaint, that the Ame- ricans have even nionopolised the carrying of our fisheries on the banks of Newfoundland. Of the trClth of this fact there can be no doubt. Our v. '' t 174 ISshwmcn cither «rll to tho mrrrhnnfs of Bo»toh, or ship tlirougli tlicni l\)r their own account to the different p«rt8 of Europe ; and it appeared from some representutionR to the Board of Trade, that when the Orders of Council issued, one Yiousc in Poole had 5000 quintals of fish at sea under the American flag*. Nothing can un- douhtedly be more repugnant to the old sifstem of laws under xvhich ive have fiouris/ied, but at the same time nothing can more clearly shew how inapplicable o^d laws frequently are to nitii times. If we did not suffer the neutral to carry the fish when caught, we must cease to catch it ; and in blockading the ports of the Continent, I fear we shall in this instance destroy one of the few valuable branches of industry yet open to British shipping. • If we look in vain to our various commercial interests for any advantages to be derived from our new system, under the most favourable cir- cumstances of a continuation of peace with America, and if we find on the contrary serious injuries in every quarter, how much must they not be augmented by a state of actual war, the extensive consequences of which I can only very shortly enumerate. — The necessity of carry ing on very at* tivc military operations, if our North American colonies are to be defended ; the difficulty af furnishing supplies for the Weit 175 Indies, >vliile (he nuiiicruiis Anietieaii privHtcer^ aiul large frigates won Id oblige ua to send convuyii of great strength ; and finally, the dehtruetiun of our ininudiate iutercuiirsc with the United States^ must nnik)i> a nielancholy addition to the numerous diiVicuUies which already surround us. But if we must, under every cireunistance, sufi'er by the new state of things produced by our Orders in Comicil, do we not also inflict a serious injury on our enemy? The inconve- niences which the Continent of Europe must sufler from a cessation of all foreign conunerce, must certainly be considerable, but Ihcy will consist chiefly in the loss of luxuries, and aflfect more the comforts of individuals than the power of Governments. Holland is the only country where the people really depend on trade for their existence, and we accoidingly And that th« French Decrees are there suilered to be executed with the least rigour. . r , The new established manufactures of cottou may, in some degree, sufl'er from a want of that article, but it may be produced in the soL'theri* parts of Spain and Italy, and perhaps procured in part froni Turkey. The finances of France derive little aid from the custom-house*, nor will [iGh bud^t of I 803, the lastvhicir I have aeeo, tt af^ tttc whole incooju of h|2 mictions ol' francs, on'y ^(i verc «ontrilMt%d i)v the custofiB-houite^, «hiie ttn yeceUa exlericurCt «l extrmnHtmrtm unonated j 1*1 auliioo*. TLt reseuit>i» of 'Ii 116 this br altopcther (lrsfro>T(l, as imporfation.i wili inkv plurr, in spite of our utmost vigilance. With the supplies for the cohinieH of our ene- mies we do not pretend to interfere ; and al- though they must h»se their present extensive means of sale for their prodtice, suiririent will remain to present any extreme distress. IJut we have a strongs proof of Uie opinion of the enemy on this subjeet, in the singular eoin- cidence that, wliile we were determining (hat the neutral state of Amerira was injurious to Us, he had eome to precisely tlie opposite conclusion } and a very short time before the appearance of our Orders in Council, it seems that the inten- tion of France to permit no longer the neutrality of America was intimated to the Minister of that country at Paris — a circumstance which, reachini^ America very fortunately before our Orders in ( j)uncil, may serve to mitigate the re- sentment with which the latter must otherwise be i^eceived. We therefore evidently differ in opinion with France as to the value of this neu- trality, which both countries at me sam** instant had resolved to extinguish. I am decidedlv dis- posed to think the opinion of our enemies the 1 < France are not easily reached hy comrnvn lal reitrirtions of anj »ort. It is a singular fact that ivilh alnt"^\ the whole of the French effective RTtny ahrond, fhe exchaii|« on Vnvis is hit^h in every part of Kiirope< Nothing is coDtribute4< fh>in Prase* for the su(>i)ort of this immcnbe' ibrce. 177 bcwt jii(lp^<»(l. At ill) I'veiils, if must Hcrve to rr- (liicc our idea of Hie oxlnMiic aniioyaiice to (iiciii wliicli we export from oiii* meajiiiirs. Tlif^ sou roes ot' power and strenu^tli vary widely ill diltereiit countries. The «!;eiieral destruetion of romnKTce, mamiracliires, and of every cir- cumstance of artificial power and prosperity, may siiil the inferest of France, but mc should be |i!:reutiy mistaken in iniifafin^ tier. The disorgani/ufioii of commerce and of industry Uajs not improperly been considered as the best means of subduing a powrr whose basis rests upon them. But while our enemy is playing tJiis wild but politic g'auie, we must not fortj^etthat 04ir safety requires the very opposite system of prudence and cautious preservation. France, in attackini^- our commerce, has pro- ceeded upon the self-evident supi)osition, that a tradint:^ coiutfry must have others to trade with. From Kurojie she has therefore excluded us; but with priid Mice and skill we might move our inland, c(»mmerciallv speakinu;, out of Europe. The gr<'at empire in the North of America, and in a less d<'c;rce the newlv-founded one in the South, would have been sufficient objects of ex- ternal commerce until better times returned ; aiui it must have been no small gratificatitiui to reflect tliat these were holds of which the eneinv could not dispossess us. We might be expelled from A A ^ I ' I iS lit {] 118 I he whole of iMiropr ; (ho pniiiisuhi of India, even thoii^li at u ^n at distuivc, was not por- fvvily beyond tlic rcucli of thv conqiHTor ; but the opposite HhoroH of the AtUiutic bid deti- aiirc to his power, and eould only be reached by that naval superiority which would equally enable him to attack us in our own islands. France having nearly attained the utmost ox- tent of her means of conunercial annoyance, could only hope from ourselves the destruction of the valuahh^ part of it beyond her reach. The Kerlin Decrees have very nuit h the appearance of a provocation to try our tem|)er. We for- merly pursued Kteadily our interest with a diuj- nified disregard of menacinu; language ; but now —we have been insulted, and something vigoroug must be done in retaliation. France has used big words, but we will reply with big actions, and in the violence of our passion we have per- haps done the very thi'ig which those words were intended to provoke. The mistaken opinions in this country of the nature and consequences of the French Revolution, have probably contri- buted more than any other cause to the present gigantic power of France. The exaggerated consequences expected from the su( cessive na- tional bankruptcies ; the attempt to crush the re- volution by external force, are errors of which we are surprised to have ever been the dupe ; iVJ butthrvnrccortttiiilyiiotoxcredcd by Hiatof cx- IHTtinir uiiy l)(-ii(>lii from riiiinin^r a rart; with fVaiH c, ill the (IrHtriittioii of conimerrc, and in vioh'iuT towards our fViriids and allios. The lino of (ondnrt wc liavr now adoptrd in for thin country pcilVctly new ; hut wc should rrcollott that we arc c\of^e\y hemmed in on every side; that we have little room for experiments of any sort; and that if past errors have brought us to the brink of a precipice, the next uuisi (lirow us over it. THE END. _ Printed hy C. Merrier and Co. King s Heid Court, St. Paul's Church Yard.