^. Av^ ^ \^ v^ IMAGE EVALUATION TEST TARGET (MT-S) A 1.0 1.1 1.25 turn 125 ■30 ^^~ 1MB ■u Uii |2.2 taut. mm ^# V) 7 °> > 71 /# Photographic Sdences Corporation 23 WEST MAIN STREET WEBSTER, N.Y. 14580 (716) 873-4503 CIHM/ICMH Microfiche Series. CIHM/ICIVIH Collection de microfiches. Canadian Institute for Historical Microreproductions / Institut Canadian de microreproductions historiques « TMhnical and Bibliographic Notaa/Notat taohniquaa at bibHographiquaa Tha Inatituta haa attamptad to obtain tha baat original copy availabia for filming. Faaturaa of thia copy which may ba bibliographioally uniqua, which may altar any of tha imagaa in tha raproduction, or which may algniflcantly changa tha uaual mathod of filming, ara chacicad balow. D n n D Colourad covara/ Couvartura da coulaur F~| Covara damagad/ Couvartura andommag4a Covara raatorad and/or laminatad/ Couvartura raataurAa at/ou palliculAa I I Covar titia missing/ La titra da couvartura manqua |~~1 Colourad maps/ D Cartaa giographiquas an coulaur Colourad inic (i.e. othar than blua or blacic)/ Encra da coulaur (i.a. autra qua blaua ou noira) |~~| Colourad platas and/or il>v ctrations/ Planchas at/ou Illustrations an coulaur Bound with othar matarlal/ Ralii avac d'autras doeumants Tight binding may causa shadows or distortion along intarior margin/ La roliura sarrAe paut causar da I'ombra ou da la distortion la long da la marga int4rlaura BIsnk laavas addad during rastoraticn may appaar within tha taxt. Whanavar possiblo. thasa hava baan omittad from filming/ II sa paut qua cartalnas pagas blanchas aJoutAas lors d'una rastauration apparalssant dans la taxta, mais. lorsqua cala Atait possible, cas pagas n'ont pas AtA filmAas. Add'tlonal comments:/ Commentalres supplAmentaires: Th< tot L'inatitut a microfilmi la maillaur axemplaira qu'ii lul a AtA poaaibia da aa procurer. Lea dAtaiia da cat axemplaira qui aont paut-Atra uniquae du point de vue bibliographiqua, qui peuvent modifier une image raproduita, ou qui peuvent exiger une modification dana la mAthoda normale de f llmege aont Indlqute ci-deeaous. r~~| Coloured pagea/ Pagea da couleur Pages demeged/ Pagea endommegAea □ Pages restored end/or laminated/ Peges restaurAea at/ou peillculAea Pagas discoloured, stained or foxed/ Pagea dAcoiorias, tachatAes ou piquAea Pages Peges dAtachias Showthrough> Transparence Quality of prir QualitA InAgale da i'impreasion Includes supplementary matarli Comprend du matArlel supplAmentaIre Only edition available/ Seule Adition diaponibia Th< poi of 1 filn Ori bei the sioi oth firs slot ori |~~| Pages detached/ r^ Showthrough/ I I Quality of print varies/ I I Includes supplementary material/ I — I Only edition available/ D Thfl she TIN whi Mai dlff( anti bagi righ reqi met Pages wholly or partially obscured by errata slips, tissues, etc., have been refllmed to ensure the best possible Image/ Lea pages totalament ou partiellement obscurcies par un fauillet d'errata, una pelure, etc., ont AtA filmAes A nouveau da facon A obtanir la meilleure image possible. This Item Is filmed at the reduction ratio checlted below/ Ce document est filmA au taux de rAduction indiquA ci-dessous. 10X 14X 18X 22X 12X 16X 20X 26X 30X ] 24X 28X 32X lira d4tailt IM du modifi«r l*r un« filmag* re i errata d to It le pelure. gon h 1 The copy filmed here has been reproduced thanks to the generosity of: Ubrnry of the Public Archives of Canada The imeges appearing here are the best quality possible considering the condition and legibility of the original copy and in Iteeping with the filming contract specifications. Orlginei copies in printed paper covers are filmed beginning with the front cover and ending on the last page with a printed or iliustreted Impres- sion, or the back cover when appropriate. All other original copies are filmed beginning on the first page with a printed or illustrated impres- sion, and ending on the last page with a printed or illustrated impression. The last recorded frame on each microfiche shall contain the symbol — »> (meaning "CON- TINUED"), or the symbol y (meening "END"), whichever applies. IVIaps, plates, charts, etc., may be filmed at different reduction ratios. Those too large to be entirely included in one exposure are filmed beginning in the upper left hand corner, left to right and top to bottom, as many frames as required. The following diagrams illustrate the methoU: 1 2 3 32X L'exemplaire filmA fut reproduit grice k la gAnirosit* da: La bibiioth^qua das Archives publiques ou Canada Las images suivantes ont AtA reproduites avec le plus grand soin, compte tenu de la condition at de la nettetA de l'exemplaire filmA, et en conformity avec les conditions du contrat de filmage. Les exemplaires orlginaux dont la couvertur^ en pepier est imprimte sont filmAs en commen^ant par le premier plat at en terminant soit par la dernlAre page qui comporte une empreinte d'Impression ou d'iiiustration, solt par le second plat, salon le cas. Tous las autres exemplaires originoux sont filmte en commen^ant par la premiire page qui comporte une empreinte d'Impression ou d'iiiustration et en terminant par la derniire page qui comporte une telle empreinte. Un des symboies suivants apparaftra sur la derniire image de cheque microfiche, seion le cas: le symbols -^ signifie "A SUIVRE". le symbole V signifie "FIN". Les cartes, planches, tableaux, etc., peuvent Atre fiimte h des taux de rMuction diff Arents. Lorsque le document est trop grand pour Atre reproduit en un seul clich6. ii est fiimA A partir de I'angle supArieur gauche, de gauche A droits, et de haut en bas, en prenant le nombre d'images nAcessaire. Les diagrammes suivants illustrent la mAthode. 1 2 3 4 5 6 SOLD AMERICAN ENCROACHMENTS ON OBSERVATIONS ON THE IMPORTANCE OF THE BRITISH NORTH AMERICAN COLONIES. AND ON THE LATE TREATIES WITH THE UNITED STATES ; With Remarks on Mr. Baring's Examination; AND A DEFENCE OF THE SHIPPING INTEREST FROM THE CHARGE OF HAVING ATTEMPTED TO IMPOSE ON PARLIAMENT, AND OF FACTIOUS CONDUCT IN THEIR OPPOSITION TO THE AMERICAN INTERCOURSE BILL. JBj/ NATHANIEL ATCHESON, Esq, F.A.S. ):Sij3t, *' Disturb not one another with domestick disputes ; but remember that we are English, and our enemies are foreigners. Fniemies; which> let what party soever prevail, it is equally the interest of our country to humble and restrain." Dr. Johnson's Life or Admiral Blakk. LONDON: SOLD BY J. BUTTERWORTH, FLEET-STREET J AND J. M. RICHARDSON, CORNHILL. 1808. ♦ •1". DAVISON, PrinuT, White-Friars. TO THE RIGHT HON. JOHN LORD SHEFFIELD, iS^c. tsfc. l2fc. THE FOLLOWING OBSERVATIONS ON THE IMPORTANCE AND RESOURCES OF THE BRITISH NORTH AMERICAN COLONIES, AND ON THE NECESSITY OF ADHERING TO THE NAVIGATION AND COLONIAL SYSTEM AND OF ENFORCING THE OTHER MARITIME REGULATIONS OF GREAT BRITAIN, ^c, ^c. ^c. ARE MOST RESPECTFULLY INSCRIBED « BY HIS LORDSHIP'S MOST OBEDIENT AND FAITHFUL SERVANT, THE EDITOR. AuHin Fr'tan^ ^'jthApd, 1808, t. ! i i c T D T Tl Ui Ce J Us Ve: c Ob: On Infi On Cor q Injt On An CONTENTS. Introduction ; . : : : Independence of America acknowledged * » Geographical treaty of 1783 . • • Trade with the United States regulated by orderi of council Differences between the two countries as to boundaries, &c. The town of St. Andrew built on the banks of the river St. Croix . . ... Discriminations in favour of the trade of the United Statel inconsistent with the treaties with other nations and in- jurious to British Interests The river St. Croix ascertained by comtnissioners under thetreaty of 1794 . . . . Unfounded claim of the United States to British islands in Passamar]uoddy Bay . . . . Cession of these islands by convention in 1803 in lord Sid- mouth's administration, but which was not ratified Usurpation cf the subjects of the United States of islands in Passamaquoddy Bay . . ^ . Want of regulation as to the other boundaries Vexatious conduct and eKactions of American revenue officers on Canadian trndets Observations on the late unratified tieaty with America On the boundaries of Canada . . . Infractions of the treaty of 1794 by the United States On the duties imposed at the inland posts Contraband trade carried on at the islands in Passama- quoddy Bay by the Americtni Injurious effect of it on the trade of the British provinces On tlie importance of the gypsum. trade . An account of it . . \ . Page i U ib. ib. iil ib. ib. If ib. V ib. vi Til ix xi ib. xr ib. xvi ib. fi CONTENTS. /I Defects in former treaties to be avoided in future ~, On the Indian trade of the British colonists Suggestions as to the boundaries which should be defined in future treaties • • . Ruinous consequences resulting from the relaxation of the tfiaritime rights of Great Britain, and the suspension of the Navigation and colonial system , Canada — its present state and resources Intended resumption of former system proved by the mea- sures adopted in Mr. Pitt's last administration An account of the timber trade of the British American provinces from the reign of queen Ann to the present time Suggestions for the encouragement and extension of this trade .... Statement of the duties imposed on timber, &c. from the United States compared with the duties on the same articles from other countries On the cultivation of hemp and flax io the provinces an^ their importance . . . . Nova Scotia and New Brunswick—their present state and resources . • . • . Their importance to Great Britain as a maritime power . Their capability, with Canada and the mother country, to supply fish, lumber, provisions, &c. to the British West India islands • . i State of the fisheries of these colonies, and on the necessity of excluding the Americans from tliem . On their fish trade to Europe , , , Impolicy oi" impressing British fishermen , Suspension of navigation and colonial system injurious to British plantation shipping . . , Decrease of plantation built ships under the new system , Decrease of British ships in the direct trade with tlie United States . .... Decrease of ship-building in Great Britain xvni xix XXV xxix xxxi xxxiii zxxvli xxxviii xl xliv ib. ib. xlviiL n liii It Ivl lb. Ivii Kiie « xviii • xix fined XX )f the on of • XXV • xxix mea- • xxxi rican time xxxiii fthis • xxxvii 1 the same t Kxxviii ancl • xl and • xhV r . lb. ', to Vest ib. isitj • xlviii m li • liii ito • W I . ivl ted • ib. • Ivii CONTENTS. fll Origin of the new or suspending nystem . . Ivlii I'he several statutes on which the same was /bunded . ib. On their operation and ruinous eftect . , vt Depressed state of British shipping in 1801-2 . !b. On the impolicy of rapidly discharging seamen from the navy at the close of a war . . , Ixt Remarks on the defence of this system . . Ib. On its violation of ancient principles, and the evil con- sequences resulting from it ... ib. Alteration of former system not warranted by the ad- mission of foreigners to be owners of British-built ships in the American war « . . IxJii Increase of the trade, &c. of Great Britain not attributa- ble to the new system . . . Uiv Deviation frotn the navigation system only warranted in two instances . • . . Ixv Exposition of erroneous facts advanced in favour of the new system * i . . i . Ixvi .Decrease in the employment of Britiah ships under the new system and inataie of foreign ships, with various statements . . • • l\ix Constitutional objections to the new system and to tarry- ing on the trade of the kingdom under orders of council Ixxt Defence of the shipping interest » . IxxiV On the American intercourse bill of 1805 . , Ixxv Patriotic opposition to that measure . . ib. Remarks on the conduct of llie supporters of it . Ixxvi Praise-worthy conduct of the sl/ipping interest during the war of the French revolution . . Ix.tvii On Mr. Pitt's intention to resume the former system and to enforce the maritime rights of Great i^ritain , ib' Efforts of (he American party to extend the new system Ixxix West India produce allowed to be exported to tlie United States in British bottoms . . . i^. vni CONTF.NTS. 'i| On the endeavours to lessen the popularity of the ener- getic measures of the present administration . On the riglit of Great Britain to issue the late orders of council • . . • Petition of the merchants of London in 1 8O7 in support of the old system, and praying enquiry, &c. Similar petitions from the out ports On the capital embarked in British shipping On the value of the circuitous trade to the British West Indies . . . . . On the necessity of re-establishing in the British West India islands mercantile houses to supply provisions, &'c. as formerly . . . . Interference of American ships with British Large proportion of American ships employed in the trade of the British West India islands Examination of Mr. Baring's statement of the exports and imports of the United States 1 he trade with America not so beneficial as represented The carrying trade of the Uniteti States forms the ba- lance of their trade . . • Summary of the exports from the United States for the last five years . . . ' , The trade of America to the continent of Europe in- jurious to Great Britain . . • The American trade to Vera Cruz detrimental to British interests • • t * The enemies resources aided and extended by the recent transactions at Vera Cruz . » ' . Cape Breton, its present state and resources . Prince Edward's island, its present state and resources . Newfoundland, its present state and fisheries Exports from the British colonies to the West Indies Statement of the enormous increase of American tonnage since 1784 » .. .. » Ixxx ft. Ixxxii ib. Ixxxvi Ix.AXvii Ixxxviit ib. IXXXJK ib. xcii xcv ib. ib. ib. xcix ci cu cv cvi cvii ni« jner- • Ixxx rsof • ib. •port • Ixxxit t ib. • Ixxxvi i^est • Ixxxvii /at ms, • Ixxxvili • ib. the • IxxxiK )rtg • ib. ted xcU }a- • xcv he • ib. n- • ib. sh • ib. at • xcix • ci • • • Cll • cv • cri CONTENTS. On the importance of the mnritimc right! of Great Biitaiii and of the navigation and colonial system On the necessity of giving <-trect tu the carrying trade of Great Britain with a view to the support of its naval power • . . . . Object of the work Conclusion cvu APPENDIX. No. 1. (A.) Report of a case decided in the Vice Admiralty Court of New Brunswick, involving the claim of the United States to the Islands in Passamaquoddy Bay Libel Claim • • • Replication , Rejoinder . . ^ * Mr. Chipman's argument for the prosecutor Four grounds of defence Reply to each Islands in Passamaquoddy Bay belong to his Majesty under the treaty of I"l3 Grant of Nova Scotia, 1 621 Grant of xVIoose Island, &c. to Francis Bernard, under the great seal of Nova Scotia, in i^Qs IX fit evil CVlil cix cxii I ib. 2 4 ib. ib. * ib. 6 7 ib. I! I iij a CONTENTS. Claim of the United States to the same T : 8 Reference to Lord Sydney's letter in 1785 . . ib. His answer to governor Parr . J . ib; New Brunswick erected into a separate province in 1784 ib. Divided into counties . . . ib. Courts of session established therein, and inhabitants of Moose Island summoned as jurymen . i ib; M. Bowdoin's letter to lieutenant-governor Carleton, Sept. 17S5, respecting these islands « * 9 His reply . . i . ib. Act of assembly of New Brunswick, in 178C, dividing the counties into townships, including these islands . ib. Mr. Cooper an American sheriff in 1791, came to Moose Island with an armed party ; his attempts there to in- fluence the inhabitants, some of whom «.ook the oath of allegiance to the United States, and to whom the latter actually granted lands in these islands, &c. 10 Meritorious service of Mr. Leonard the British superin- tendent of trade to prevent encroachments and contra- band trade . . . . ib. State of Moose Island in 1783 and 1805 . . 11 Observations on the situation of these islands^ and the waters adjoining, and the boundaries of the I^ritish pro- vinces under the treaty of 1783 . .12 The /luke of Portland's letter to lieutenant-governor Carleton in 1 799 respecting these islands . . 13 Mr. Liston's dispatch, December 1798, referred to in lord Grenville's letteir . . . ib. Mr. Benson, an American judge, his opinion respecting . this claim . . . . l4 Mr. Liston's remarks on this opinion, and reference to Mitchell's map . , . . iS Engraved sectign from Mitchell's map . . ib^ m to ib. ib. ib. ib. ib; 9 ib. ib; Id ib. li 12 13 ib. l4 CONTENTS. Argumenti and facts in support of his Majesty's right to these islands, and the adjacent waters Substance of the evidence adduced in the case ', £ngraved map of the islands in Passamaquoddy Bay • Jilegal agreement between an American collector of the customs and the British officers of revenue at Passama- quoddy, establishing a neutral line where this illicit trade might be carried on . . , Observations thereon Origin, progress, and importance of the gypsum trade to the British colonists Contraband trade carried on at these islands by the Ame- ricans . . . . Judgment . ' * . No. 1. (B.) Definitive treaty of 1783 between Great Britain and the United States No. 2. Treaty of amity, &c. of 1794^, between the same powert Additional articles « - . Explanatory article. 1796 No. 5. No. 4. Declaration of commissioners of the boundaries of tbeiiver St. Croix, 25fh October, 1798 No. 5. Memorial of the 1 llh May, 18 .'4, from New Brunswick to lord Hobart on the distresses of that colony, arising from the suspension of the navigatiDn act, and the in- tercourse of Americans with the British West Indies, their exemption from the duties imposed in these island* eu British ships trading there^ &c. . . 4L 45 46 47 52 55 n 90 97 c:» til CONtENtS. * •! n ii i No. 6. Memorial and statement from Halifax in Nova Scotia, March 1804, to lord Hobart on the resources of the provinces, and the injury sustained by the inhabitants from the suspension of the navigation acts, &c. Representation from the memorialists at Halifax to lord Camden, January ]805, in consequence of the letter to his lordsliip from Mr. Jordan, agent for Barbadoes No. ;. Address of the council and assembly of New Brunswick in I8O7, on the wirntified convention of May, 1803, ceding the islands in Passamaquoddy Bay to the United States, with extract from Mr. Merry's letter on that sub- ject, and observations on the political and commercial importance of these islands to Great Britain, and urging the necessity of retaining the same. No. 8. Beport of the committee of the House of Commons on the commercial state of the West India islands Evidence of Mr. Mitcliell . . , Mr. Marryatt, and accounts Mr. Wedderburn, and accounts • — Mr. Hughan . , » ■ Mr. Bosanquet , -, - » ■ — Mr. Blackburn Mr. Ricketts, and accounts — — — Mr. Inglis . , , Mr. Wilson i ^ . Lieut, gov. Carleton Mr. Hughan further examined ; Mr. Henry ■' Mr. Venner Mr. Idle i^ii« £v 103 106 lid 114 120 324 139 166 1^9 175 181 183 195 196 ^97 201 203 2QS ptie » Scotia, js of the labitants . 103 to lotd etter to )es 106 inswick 1803, United lat sub« nercial urging on the 114 120 J 24 139 166 175 181 195 196 201 203 208 CONTENTS. Evidence of Mr. Shirley , , ; . " Mr. Milligan . ... ■ Mr. Lyon : , . , — — — — Mr. Jordan . , , . Various accounts of sugar, &c. Sec. , , . No. 9. Copy of the late treaty between Great Britain and the United States which was not ratified by the president . 207 210 213 214 215 239 ERRATA. In pagcxxrvi,//iA line, for his, read thu. " 3ccii, dele and in the sixth line from the bottom. — — xcvii, in the last line insert be before toMly. In Appendix, p. 185. the balance should be ^2219. 4f. lOA and not £lM.2s.9d, fill i DIRECTIONS TO THE BINDER. (A) Table of duties on articles imported from the United States compared with the duties on the same articles from other places to be opposite to p. xxxviii. (B) Summary of American exports opposite p. xcv. Extract from Mitchell's map to be opposite p. i6. Appendix, No. I. (A). The map of Passamaquoddy Bay, p. 45, ditto. AMERICAN ENCROACHMENTS ON BRITISH RIGHTS, OR, Observations on the Importance of the British Colo- nies in North America, and on the late Treaties with the United States, with Remarks on Mr. Baring's Examination, &c. &c. &c. Ah what must those immortal spirits think Of yuur poor shifts ? Those, for their country's good, Who facM the blackest dangers, knew no fear. No mean submission, but commanded peace. Ah how with indignation must they burn ; (If aught, but joy, can touch etherial breasts) With shame ! with grief! to see their feeble Sons Shrink from that Empire o'er the conquer 'd seas. For which their wisdom plann'd, their councils glow'd. And their veins bled thro many a tailing age. Thomion*s Britannia. X. HE connexion which had so long subsisted between Great Britain and the countries now forming the United States of America, having been finally dissolved, bjr the acknowledgement of their Independence in 1783, the com- mercial system arising out of that connexion, of course, ended with it ; and the laws, by which the trade of these countries, considered as colonies, had hitherto been regulated, ceased to have effect : it was therefore necessary, not only to define and limit, by treaty, the boundaries of those parts of the United States which were contiguous to the remain- ing British Provinces in America, but also to adopt new principles, on which a system of commerce between the two nations might be founded. Considerable difficulties occurred in the arrangement of the limits of the United States, which were sSterwards ( -i ) i i • %< ,'ii f ii:^ i 'iii tiii i settled by the treaty of 1 783*. The commercial regulations between the two countries were never permanently esta- blished, and the trade between Great Britain and the United States was regulated and carried on, from the year l783, under the powers given by the 23d Geo. 3d. chap. 39, and by the 24th Geo, 3d. chap. 4.5, by orders in council, until the act of the 37th Geo. 3d. chap. 97, which passed 4-th July 1797. Scarcely had the American war terminated, when Great Britain and the United States, charged each other, with having violated the treaty of peace. On the construction of several articles of that treaty, and especially as to the boundaries of the United States, there existed great dif- ference of opinionf . The British Government remonstrated with them, on their infringement of the fourtli, fifth, sixth ^nd other articles of the treaty, in consequence of which they continued to retain possession of the posts on the American side of the great lakes, and as those posts gave their possessors a decided in{luc'^<:e over the Indian tribes, it produced no inconsiderable degree of irritation amongst the subjects of the United States, who charged the British with encroachments on the Eastern Frontiers of their ter- ritory; for on that side, they stated, the river Si. Croix, from its source to its mouth, in the bay of .Passamaquoddy, . * Post, Appendix, No. i. (B.) \ Mr. Mackenzie in his History of the Fur Trade, quarto edition, p. 58, observes, " That Lake du Bois is rendered remarkable in consevards, as to be inters,ected by a line to be drawn due west from the Lake of the "Woods, in the manner mentioned in the treaty pf peace," provides " for a joint survey of the northern part of that river," and " agrees that if on tl\e result of s.uch survey it should ap- pear that the said river v/ould not be intersected by such a line, the parties would regulate the boundary in that quarter, by future amicable negotiations." Yet it is evident from - * Appendix, No. 4. t See an -/^/A/ifr/Van -tract, intituled "The British Tre.ity, p. 19, reprinted by Mr. Stockdale, junior, which shews the importance of these islands in the estimation of the United States ; also Decius^s letters on the late treaty, page 5. t Lord Sheffield's Strictures, gnd edition, chap. 9, wherein t^l- subject is treated at large. \l i?l It (111 ( vi ) tVic 2ci article of the treaty, entered into by the late mlnlstcri with the United States, notwithstanding the imperative necessity of definitively settling, by treaty, this and other parts of the boundaries, the same were deferred for future discussion and negotiation ! though it appears a survey made subsequently to 1794, by the British merchants esta- blished in Canada, under the name of the North West Company, had proved that a line due west from the Lake of the Woods would run north of the Missisippi, so that no further measures were needful to ascertain that point *. Thus, some of the most important points were left open and undefined, whilst others were deferred for dis- cussion at a future period, notwithstanding the injuries susr talned by his Majesty's subjects in North America, from the want of proper regulations on these subjects ; though their urgency and necessity had been at different periods most strongly represented to the British government by the inhabitants of Canada, Nova Scotia, and New Brunswick. Nor was there greater circumspection or precaution ob- served by the late ministers, as to the vexatious conduct adopted by the officers of the United States towards British subjects engaged in the Fur Trade, and navigating the Mis- sisippi and other rivers, nor were any regulations agreed upon, to relieve them from the charges and duties f which the United States had imposed upon them, though particular representations had been made, in that respect, to the British commissioners appointed in 1 806 to negotiate in London with the American commissioners. The 3rd article of the treaty of 1794, gives to each party the right of passing through the territories of the other in Amtrirot except within the limits of the Hudson^s Bay company, and con- tains the following clause, " But it is understood that this article does not extend to the admission of vessels of the United States into the sea ports^ harbours, bays or creeks of his Majesty's said territories, as are between the mouth thereof and the highest port of entry from the sea, except in small vessels trading bon^ Jide between Montreal and Quebec, under such regulations as shall be established to prevent the possibility of any frauds in this respect, nor to ♦ Tract entitled " The British Treaty,'' page 19, 36, ftc sc« also Decius','' Ifttcic. t Decius* J letters, page 57. I iilil ( vli ) ca Tilnlstcri operative id other jr future survey nts esta- th West Lake of that no ht*. ere left for dis- jries sus- from though ; periods It by the iswick. ition ob- conduct Is British the Mis- is agreed duties f I, though : respect, negotiate The 3rd the right flt, except and con- that thij! Is of the creeks of e mouth r, except real and lished to :, nor to , 8cc. sc« the admission of the British vessels from the sea into the rivers of the United States, beyond the highest ports of entry for foreign vessels from the sea. The river Miijiippi shall, however, according to the treaty of peace, be eniirely open to both parties: and it is further agreed, that >ill tht' ports and places on its eastern &idc, to whichsoever of the Carties belonging, may freely be resorted to and used by oth parties in as ample a manner as any of the Atlantic ports or places of the United States, or any of the ports oir places of his Majesty in Great Britain." Yet the merchants and otlier inhabitants of Canada continue to experience the most serious inconveniencies, and are subject to the most enormous exactions, frpm the want of proper regulations in their inif^rcourse with the subjects of the United States, and no arrangement whatever in tliis respect appears to have formed any part of the late treaty; for previous to the signature of it, tnvo notes were given by the British to the American commissioners. The first keeps open, for future discussion, the claim of Great Britain tiot to pay more on goods sent from Npva Scotia, or New Brunswick, unto the territories of the United States, than is paid on the importation of such goods in American ships*. The second note relates to the French decree of blockade. The trade between Nova Scotia and New Brunswick with the United States, has hitherto been carried on in British vessels, except the illicit trade at the islands in Pas- san\aquoddy Bay } but the colonists think there are strong grounds to believe it was the intention of the late adminis- tration to have admitted American ships into a participation of that trade, and to an en .y into the sea ports of these pro- vinces. The American ii-'wspapers f undisguisedly an- nounce the expectation formed by the citizens of the United States in this respect } and British ships laden with plaister, and other articles, the produce of the provinces, were last year, in consequence of it, unable to dispose of their cargoes in the American ports at the prices previously contracted for. The apprehension of this intercourse in American ships, by sea, has created the most serious alarm throughout Nova Scotia, and New Brunswick and strong repri-jsentations are stated to have been made to his Majes- * The British Treaty, page 24, also Decius's letters gn the late treaty, t New York Gazette of z6th Nov.ember, 1807, Sec. ( v.iJ ) I 11 1, II'' ty% government on the subject *. It is thou^'ht this alter- ation was intended to be introdiiccd on the same principle on which the American Iiitcrcourse Bill was attempted to be justified } but the slightest enquiry into the actuul state of the British North American provinces will shew, that, however the West India Islands may be supposed to require supplies in American bottoms, the former do not stand in need of any such assistance. British vesseU trading from Nova Sootia and New Brunswick to the United States, at present pay a duty of 5 /. per ton, on entry, and an addi- tional duty ofj^lO. per cent, on their cargoes, over and above the duties payable on the same articles when imported into the United States in American vessels. The fifth article of thfl lato treaty is considereii to apply only to the Atlantic ports of the United States, and is the same as the 15th article of the treaty of 1794, with ♦wo exceptions ; the first gives to the United States, the right previously reserved to Grciit Britain, of imposing a tonnage duty equal to that which shall be imposed by the other party. The second is a substitution of a new clause for the reservation formerly made by Great Britain of *' the right of imposing on American vesiiels entering into British ports in Europe, such duty as may be adequate to countervail the diflTcrence of the duty now payable on the importation of European and Asiastic goods, when imported into the United States in British or in American vessels." Instead of which the following words are inserted, and constitute part of the fifth article of the late treaty, ** that in the trade of the two countries with each other, the same duties of exportation and importation of all goods and merchandize, and also the same drawback?, and bounties shall be paid and allowed in either country, whether such importation or exportation shall be made in British or Americaii vessels." f The boundaries of Canada were intended to have been - * Extract of a letter from St John's, New Brunswick, 19th Nov. 1807.—*" Compared to this blow, ali the encroachments they have been hitherto allowed to make up'-n our rightful trade are nothing. This measure, if carried into effect, must reduce us to a state of complete depend* nee on the United States : all our imports will come from them, and to them will all ovir produce be sent. Our navigation will be annihilated, and our means of supplying the Went India Islands totally destroyed." t Appendix, No. 9. 1" 111 ( i^ ) fixed according to the natural division of tlic country, and the course of the lakes and waters) but tiio persons ap- pointed for that purpose by the British government wcr» unacquainted with its geographical situation, ami acceded to the limits defined in the second article of the treaty of 178!), notwithstanding there were many other lines nmch more natural, but none more 'injurious to CJreat Britain, or more benelicial to the United States ; by the eighth article of that treaty, it w.i«. stipulated that the navigation of the Missisippi should for ever remain free and open to the subjects of botli parties. By this line of division, the ports of Michilimakinac» Detroit, and Niagara, were surrendered to the United States, yet it was not in their power to deprive Croat Britain of tlie Indian or fur trade, carried on to the countries, to the south- ward of the lakes, and across the Missisippi to the Misourie» in the Spanish territories, the trade of tho e countries being prosecuted through those posts, without a breach of the treaty i they however now attempt to restrict the intercourse on the western side of the Missisippi in consequence of their recent acquisition of Louisiana. * The government of the United States having failed in the just performance of^orne parts of the treaty of 1783, those * See a pamphlet which is highly deserving of seriotis attentiony entitled " An Address to the Government of the Uiihcd Statt's, on the " Cession of Louisiana to the French, and the Memorial on the Cession " of the JW;jj«///i to that Nation." E(!ition, Philadelphia, 1803. This work, which developes the views of the French government, hav- ing been suppressed in America, is worthy of reprinting, and some persons here connected with the British interest on that continent l».ivc copies of it. Mentioning the cession of Louiiaua to the French, the writer observes,- " As to Engtandy all the disadvantages with ^* which this event is said to menace them are real. AM the conse- ?* quences just predicted, to her colonies, to her trade, to her navy, *' to her ultimate existence, will indisputably follow. The scheme " is eligible to us (France) chiefly on this account ; and these conse- *• quences, if they rouse the Kngljsh to a sturdier opposition, ought *' likewise to stimulate the French to move strenuous perseverance." Of the importance of the Missisippi, the author says, ** The pros- " perity of our colony will, indeed, demutid the exflusiife potsessiom ** of the river." Again, " I'he inastcr of the Missisippi will be placed " so as to controul, in the most effectual manr-tr, these internal *' waves," me.inlng the dissensions betweeri the citizens of the United States. This is an able tract, and evidently the production of a person conversant in the politics of France. See a project respect" irig Louisiana in tho Collect, of Reports, &c. on Navigation, edit. 1807, supplement, No. i ; rlso Mr. Rufu ; King's I ctler to Lord Hawkesbury, ( » ) posts * were, as before observed, retained by Great Britain, and the Canadian traders continued to enjoy the fur trade, (extending their intercourse to the Spanish territories of Loui- siana across the Missisippiy until by the treaty of 1 794 f it was finally agreed to give up the posts ; it was, however, stipulated by the 3d article of that treaty, that it should, nevertheless, be free to the subjects of both countries, and to the Indian nations, to pass and repass without restraint, and to carry on trade on either side of the boundary line^ into the respective territories of the two states on the continent of America. The freedom of the navigation o( the A^issisippi was also confirmed, and it was agreed that all the posts and places on its eastern side might be freely resorted to and used by both parties. It was further established by an :): ex- planatory article of May, 1 796, ** that no stipulations in any treaty, subsequently concluded by either of the contracting parties, with any other state or nation, or any Indian tribe, should be understood to derogate, in any manner, from the rights of the free intercourse and commerce, secured by the Sd article of the treaty of 179+.'* Since the surrender of the pests, the Canadian fur mer- chants, from their experience, superior capital, and know- ledge of the business, and from some local advantages, of which they are not yet deprived, have continued to command a large por:ion of the fur trade, which is now carried on by them,from settlements iormedon the British side of thebound- ary line; but in consequence of the acquisition o£ Louisiana by the United States, all intercourse with that part of it, ex- tending to the west side of the Missisippi has recently been prohibited to all persons who luill nqt abjure their allegiance, and become citizens of the United States, which the Canadians con- tend is an infraction of the treaty of 1794, as well as of the explanatory article of 1796. The situation of the Amerxczn ports of entry on the lakes and rivers, forming part of the boundary lines of the twa countries, and the difficulty of observing rigidly those regu- Jations with regard to the approach of shores or ports, which 1 5th May, 1S03, and the Answer tp it of the jgth of that month in ]^he Official Papers. * See Mr. Justice Marshall's Life of General Washinj|toiT. t See Appendix, No. 2. I See Appendix, No. 3. ( xl ) are applicable to their Atlantic ports^ seem to have been fully in the contemplation of the two governments at the time of forming the treaty of 1 794, and of the explanatory article of 1796 J for it appears the greatest anxiety to establish the most perfect freedom of commerce and intercourse, and to avoid all vexatious impediments, was manifested on both sides; the revenue officers of the United States have, how- ever, from time to time, attempted to exact duties, upon goods crossing the portages; such demands have been generally resisted by the Canadian traders, upon the ground sti- pulated by the fourth paragraph of the third article of that treaty, and these attempts have led to the establishment of portages within or upon the British boundaries, in order, completely, to avoid such causes of discontent ; but notwith- standing, it is still necessary to secure the neutrality rfthe lakes and waters,^ in order to prevent future seizures of vessels of any description, on pretext of their too near approach to any particular port or shore, which from the nature of the coun- try and the navigation is frequently unavoidable, without the least intention of infringing the revenue laws of the United States. The government of the United States charge a tonnage duty upon entering the inland ports, as they do upon entry at their maritime ports, and the difference between British and American bottoms, though a trifling object, denotes their fiscal exactness ; for it certainly was not attempted to be countervailed by any duty on the part of his Britannic Majesty, as was the case with respect to the tonnage duty in their Jf//fl»/iV ports, as counteracted by the act of the 37th Geo. 3. cap. 97. sect. 17. Though the amount of this ti>n- nage duty is a very trifling acquisition to the revenue of the United States, it operates as a vexatious obstruction to the inland trade, which it is highly desirable to keep free from such restrictions. The same observations apply to the charge made for passes for every canoe, in which furs are brought down from the interior on the American side of the line. The third article of the treaty of 1794, permitted goods to be imported yrow the United states into Canada, on the same terms as those imported by his Majesty's subjects from (ireat Britain and its dependencies, whilst duties, amounting to more xhdXi twenty per cent, VTQXQ charged on importations * See the importance attached to these lakes by the Ame- ricans in the tract called the British Treaty, p. 34, &g. ( xii ) into the United States from Canada, for which there was no remedy, as the limited power of the colonial legislatures pre- cludes their levying duties on imports from the United States, different from those imposed on imports from Great Britain into the colonies. That stipulation has, therefore, enabled the subjects of the United States to supply Canada with teas. East India goods of all sorts. West India produce, and various ar- ticles of European and American manufacture to a very great extent; although this traffic, so beneficial to the commerce and navigation of America, is contrary to the colonial system of Great Britain, and injurious to the interests of various classes of his Majesty's subjects, and gives effect to the trade which the citizens of the United States are unfortunately allowed to carry on with the British East India settlements, which it would be an infringement of the company's charter to grant to any of his Majesty's subjects ; whilst it is con- trary to the spirit of the 1 3th article of the treaty of 1794, which restricted the introduction of East India goods to the territories of the United States only*. The demand for such commodities will naturally increase with the growing popu- lation and wealth of the King's North American provinces, and will become every year an object of greater importance to the United States. By the second paragraph y of the same article, of that treaty, it is evidently intended not to admit articles entirely prohibit- ed; but no goods whatever yra/w Great Britain are prohibited to be importedf ; and therefore, under the stipulations of that article of the treaty, any kind of goods may be imported * See the Judgment in Wilson v. Marryat, Ex. C. May 1799, wherein the Lord Chief Justice Eyre censures the Concession to America of a free Trade to India. Extract from a letter from Kingston, Jamaica, dated the 2d of March, i8o8. — " The quantity of nankeen cotton cloth alone con- sumed in this Colony and in the Leeward Islands, has been computed to be in a ratio of ten to one of smuggled from the United States, against that imported in English Bottoms ; and which the officers of Custom-house with all possible vigilance cannot by any means pre- vent. There are so many means of landing and vending those articles that no vigilance can prevent it. The quantity of other East India goods and foreign silks is beyond calculation." t It is to be recollected that this relates to inland trade, as the sub- jects of tiie United States are not allowed to trade coasticise with the king's colonies, and it is expected the policy of this most salutary restriction will /wjerhe. lost sight of bythe government ofGreatBritai"^, and that under no circumstances whatever will tlie Americans be al. lowed to traiie coastivise with the provinces. See the a8th Geo. 3. c. 6. s. 12. which ordains that no goods shall be imported //-ow the United Stales into the provinces of Nova-Scotia, or New Bruuswick, the '/ / • • • \ ( xia ) fi'om the United States into Canada j from whence they arf enabled considerably to undersell various articles directly im- ported into that province from Gieat Britain; therefore oa principles of reciprocity, as not any articles whatever, except- ing furs or peltries can be exported from Canada, into the inland ports of the United States without payment of duties, *iO with the same exception goods should not be allowed to be impcrrted into Canada by land or inUnd navigation from the United States without payment of similar duties. In the mode of calculating the duties alluded to in the latter part of the second paragraph of the 3d article of the treaty of 1794-, Canada sustained an injustice which ought to be remedied. By the revenue laws of the United States, all goods imported, the duties upon which are not specifically rated, are charged with the duty oi fifteen per cent ad valorem^ excepting goods from the Cape of Good Hope, and beyond it. In calculat- ing this duty, ten per cent is first added to the actual cost of the goods ; for instance, suppose the first cost of the goods imported from Europe to be Jt'lOO Add ten per cent duty 10 Which makes £\\0 The dixX-Y oi fifteen per r^/;/upon £\\0 will then be sixteen pounds, ten shillings ; whereas on goods exported from Canada, into the United States, the duty of ten per cent is charged, not on the cost of the goods in Europe, ac- cording to their rule with regard to other Nations, but upon their value at Montreal ; it being the custom of merchants- there, to consider the expence and risk of transporting mer- chandize from England to Montreal equal to c£'i3-j- per cent; so that goods which cost in England ci'lOO is estimated at Montreal at ,/'l.'i3 : (i ; 8 ; therefore the revenue offlcefs of the United States histead of levying the duty of of 10 per cent ibland of Cape Breton, St John or NewfouiuUatul, or into any country or island within their respective govtrnmcMits, except in cases of emergency and distress, when articles of necessity may be allowed to be imported according to the regulations therein cofltained, and by the 13th section, no goods whatever can be imported from the United States by sea or coastijuise, into Canada or the countries or i,sland8 within that government, or up the river St. Lawrence, but Which was afterwards qu?ilificd by the .19 Geo. 3. c. 16, and jo Gf^o. jf. Ci S. as to articles of necessity iii caies of emergency only. * 1 / ( xlr ) cn the first cost of the article, calculate and charge the same on the estimated value at Montreal, namely on o£l33 6 8 The duty ofg^iO per cent on which is . . 13 6 8 Making together £H6 13 4? consequently the ad valorem duty oi £l5 per cent thereon wrill be j^22 per cent, instead of /" 1 6 : 10 per cent, as paid by every other European nation trading with the United States, which is certainly contrary to the intention of the treaty. Whilst the goods which are carried by his Majesty's sub- jects into the territories of the United States in the prose- cution of the fur and other trades, pay so high a duty as £22 per cent, it is easily to be foreseen, that with such an impost, and with the serious impediments in respect to navigation, which are so industriously thrown in their way, that the fur trade from Canada, notwithstanding the advantages and ex- perience possessed by the British merchants there, cannot long be conducted with profit to themselves, or advantage to the state; it is therefore necessary, in any future nego- tiation with the United States, to stipulate, that the duty on such goods shall not exceed the duty imposed by the United States on the goods of other nations, but that the same shall be fixed on principles of reciprocity, with regard to the trade of both countries. From these observations, it is manifest, that in the late treaty with the United States, no adequate protection was obtained or secured for the trade of the British colonies in North America, but that the same was overlooked and neglected, and left under circumstances peculiarly harass- ing and distressing, to nrgctiation and discussion at a future period! These circumstances and the important facts disclosed in the case * of the American sloop, Falmouth, which is reprint- ed, in order, to attract the attention of the mother country, to the present state of the loyal colonies in North America, renders it requisite, before any treaty is concluded between Great Britain and the United States, that the boundaries of the British provinces in North America, which remain undefined or questioned, should be ascertained and dtfi- '* Set' /ippetnlix, No. i. (A.) ( XV ) hitively fixed ; and the terms and conditions on which th* inland trade of the colonies with the United States, is to be carried on, regulated; and the islands in Passamaquoddy Bay, which have been taken possession of by their subjects, unequivocally acknowledged by the United States, to belong to the crown of Great Britain, in full sovereignty } otherwise they will from their proximity continue to be a constant source of dispute and inquietude : yet until some definitive arrangement is adopted respecting them and the adjacent waters, it is to be presumed, the king's officers in '.he colonies will not shrink from their duty, and continje to tolerate the iilicit trade carried on there by the subjects of the United States, but enforce the laws of the mother country, in which they should be encouraged and protected by his Majesty's government and his representatives in the provinces. These islands, it will appear by reference to tl^e treaty of 1783, were admitted to form part of Nova Scotia, now New Brunswick, the former having been divided into two provinces in ITS*; but since, by the unjustifiable encroach- ments of the subjects of the United States, they have been wrested from Great Britain, without any interference or exertion to prevent it; on tl. contrary, they were to have been, by the unratified convention of May, 1 803, most impolltically ceded to the United States. From these islands the Americans carry on an illicit tradej most lucrative to themselves, but seriously detrimental and ruinous to the provinces of Nova Scotia and New Bruns- wick, whose inhabitants are supplied by them from thence with liquors, tobacco, teas, and all kinds of India and other manufactured goods, and occasionally with small quan- tities of pitch, tar, and turpentine, for which they receive In return specie, peltry, fish, lumber, grindstones, gypsum and other things, and thus they drain the British provinces of their most valuable articles. The greatest part of the jish caught in the adjoining bays and rivers by British subjects, and cared on these islaiids, as well as the lumber prepared there, instead of being sold to merchants residing in the King's provinces, and exported from thence, according to laiUy is disposed of* to tlie American traders at these places, who send it coastwise in Anwrican * See Mr. Baring's examination of the conduct of Great Britain towards tbe Neutral QovcimzKQt of Armciica, p, 173, ( w-i ) vfjjels to Boston and New York, f.oin whence it is again shipped in their own bottoms to the British West-India Islands : thus the freight of these commodities to market is lost to ^e British ship owner, and the British West-India planters are induced to think these articles of supply can only be fur- nished from the United States, though a very considerable part of the supplies annually imported into the British West- India islands in j-lmerican bottoms, is in fact the produce of the King's colonies in North America. Another important object is gained by the United States from such usurpations, their subjects being allowed to retain possession cf tlie islands, it affords them the opportunity of engrossing in a great measure the gypsum trade of the British provinces. The importance of this trade is not suf- ficiently known ; gypsum ^ or as it is there called plaister of Paris ^ is now, generally, used throughout the United States as a manure, having been found from experience to be prefer- able to any other, producing the most abundant crops, from impoverished, or such as were before considered sterile lands*. This highly valuable article, after several inefteetual at- tempts to discover veins of it Avithin the United States, has been ascertained to be the produce of the British colonies c///)', reserved as it were by the bounty of Providence as a reward for the former sUtFerings of their loyal inhabitants. May no innovatijig hand deprive them of this inestimable and increasing source of trade and wealth ! The quantity dug in 180H, from the quarries in Nova Scotia and New Brunswick only, was upwards of 40,000 tons, for whicli the demand v.'as regular ; but unfortunately, from the illegal practices prevalent at these islands, three- fourths at least of that quantity wa;; carried from thence to market in American, instead of British shipping. It is a fact ascertain*id by persons in the islands, that during the sum- mer of that year, there were from fifty to seventy sail of Ame- rican vessels, constantly lying in Passamaquoddy bay, waiting to complete their ladings of gypsum, from the small craft in which it is brought down from the (juarries in the provinces. On the contrary, if the statute of the 7th and 8th of * Sec Parkinson's American Farmer, p. 365, who admits its very valuable qualities, but says it is not ot to much use but where the knd is by nature rich or dunged. ( xvli ) the William the 3cl, c. 22, s. 2*, was regularly and strictly en* forced, a valuable and beneficial trade would be secured to the ship owners of Nova Scotia and New Brunswick ; for on a moderate computation, allowing each vessel to make four voyages during the season, at least 10,000 tons of British shipping, navigated by 1000 men, would gain em- ployment. At present the Americans have the benefit of the freight of more than three-fourths of the quantity an- nually taken from the quarries in the two provinces, the freight exceeding double the value of the article ; the quan- tity shipped in 1806 in American bottoms, being stated at 32,000 tons. It was truly remarked by Lord Bacon, " there be but three things which one nation selleth unto another ; the commodity as nature yieldeth it, the manufacture, and the vecture, or carriage : so that if these three wheels go, wealth will follow as in a spring-tide. And it cometh many times to pass, that mater iam super abit opus, that the work and carriage is more worth than the materials, and enricheth. a nation more." A point of great national importance then presents itself for consideration, namely, the injury the mother country sustains by the contraband trade carried on at these islands with the subjects of the United States, not only from the sale of prohibited articles, but from the decrease it occasions in the employment of the shipping of the British provinces, and its consequerm'- discouragement of their carrying trade, in which were Jcnner/y reared many excellent and useful seamen : whereas the small craft which take the gypsum or plaister from the quarries to the islands in Passamaquoddy bay, are chiefly navigated by countrymen taken from their farms, and who make one or two trips or short voyages in a year for the purpose of obtaining supplies for their fa- milies, of contraband articles from the American stores in these islands ; but who would certainly be much ibetter and more advantageously employed in attending to their agri- cultural pursuits. It appears that the houses of assembly of Nova Scotia and New Brunswick, contemplated passing a law to prevent vessels being laden with gypsum at the quarries, and from landing it eastward of Portland in the state of Massachusets, * See also the subsequent statutes and orders of council ?n Reeves's History of Shipping, 2d edition, 1807, rebpccting coloniil trade. c ( xviii ) iffi' which would have secured the carriage of this article to the ships of the King's colonies ; but doubts were en- tertained as to the authority of the assemblies to adopt such a regulation ; some time after an application to that effect was made by general Carleton to government, in the former administration of the duke of Portland, and there is reason to believe it would have been attended to and acted upon, had not a change taken place about that time in the ministry. As gypsum is only to be found in the British American colonies, no fear need be entertained of the subjects of the United States refusing to take it in British vessels; for whatever charge may attach on the article, they will continue to purchase it, for, in truth, they cannot do without it. Another serious reason for resuming the sovereignty of these islands, prior to the renewal of any treaty with the United States, is the attempt which in case of war*, may probably be made by them in that quarter to invade the British colonies ; therefore the Americans should be con- fined within their limits on the main latid\ besides this illicit intercourse with the British provinces from the proximity of the islands tends only to enrich them, and to impoverish the King's subjects in those settlements. In the event of a war between Great Britain and America, which would terminate the existing treaties between the two countries, great precaution must be taken in any future arrangements with the United States, to avoid those errors which unfortunately occurred in the formation of the former ones; for the renewal of many of the articles of the treaty of i 783, and the first ten articles of the treaty of 1794, will present strong impediments to the amelioration of the condition of the British colonists in America. The ambiguity of the treaty of 1794 places the Canadians in a very hopeless situation respecting their commercial in- tercoure with the United States by land, or inland navi- gation ; especially when the explanation of any of its article:; depends on the revenue officers of the United States. Not satisfied with the advantages which that treaty gives fhem, and which have been before pointed out, they construe its letter, at the sacrifice of its evident intention and spirit ; so that instead of being reciprocal, it is made the foundation for impositions, which place the Canadian Indian traders entirely * Appendix, No. 7. ( xJx ) Idians lal in- navi- •ticles Not iiem, lie its [if, so )n for itirely \ at their mercy. They likewise change their ground so frequently to suit their own purposes, that the moment they agree to relax upon any point in dispute, another is started) involving fresh and greater difficulties than those apparently given up. It recently formed a subject of just complaint, that the American collectors at the inland posts calculated the duties on merchandize from Canada, in the manner before-mention- ed; and there was reason to believe, from a communication said to have been made by Mr. Erskine to the president Mr. Dunn, that the government of the United States had given up that point ; when in the course of last summer at Michilimakinac, the Canadians found, to their great astonish- ment) the American collector there, not only persisted in de- manding again the former exorbitant duties, but threatening to adopt a principle by which he would have had it in his power to seize the whole of the goods from Canada, or to levy whatever contributions he thought fit, as the considera- tion for refraining to ruin the British traders. To detail the systematic course of the most arbitrary exaction and impo- sition of the officers of the United States at the inland posts, would exceed the limits of this tract ; but the circumstances which occurred at Michilimakinac last year were so grossly flagrant) it is presumed the merchants here connected with Canada, have communicated the same to the British govern- ment, in order that whenever negotiations are resumed be- tween the two countries, proper stipulations will be entered into to prevent the like in future, and to secure to the British trader adequate protection in his commercial pursuits from similar impositions. To represent these transactions at V/ashington would have been unavailing ; and no effectual remedy occurs, except that in the event of war, every exertion should be made to regain Michilimakinac and the Indian territory; but in case an amicable arrangement takes place between the two countries, it should be a primary object of negotiation, on the part of the King's ministers, to obtain an express stipulation, that all merchandize passing inland from the one territory into the other, intended ^o«tf^h West-India islands, sugar, coff^ee, and other articles^ with equal facility as British vossels; in consequence of which, many British ships, during last year, returned to the King's colonies in North America and to Great Britain, with not more than half freights, after having incurred tl e full ex- pences incident to such voyages. — The injury thus ^usiained by Great Britain, by the relaxation of her maritime rights, and the suspension of the navigation and colonial system, is increased by the opportunity it has afforded the subjects of the United States to inundate the continent of South America with foreign European and other goods, to the great prejudice 'J' I ■iii1 m ( xxvi ) of the English trade from Jamaica and the other islands to the Spanish main. — Whereas, if such indulgences had not been granted, nor concessions made to the United States, the ex- ports from Great Britain and Ireland to the British depen- dencies in the West Indies and North America, would have increased, as well as our exports generally to America, in as much, that if the United States had been excluded* from any participation in the British East-India trade, and prevented from carrying foreign colonial produce to Europe i their trade with Great Britain must necessarily have been much more extensive, and consequently the return cargoes they would have taken from this country would have been more consider- able, and Great Britain, perhaps, enjoying as formerly, a part of their carrying trade f. On the contrary, by their extended intercourse with the ports of the continent, from being al- lowed to bring sugar and other colonial produce to Europe ; tliey naturally do not suffer their ships to return in baliastf but take back assorted cargoes of foreign manufactures and other goods, for the purpose of improving and extending their exp >rt trade to the West-India islands in general, and to the continent of South America %. These important points have been so ably and satisfactorily examined and discussed in several late publications, it is not considered necessary to enlarge further on the con- sideration of them. It may not, however, be improper to notice a recent and very important claims which the subjects i' i ■ liii * Mr. Baring's Examination, p. 142. •f* Reeves on jjhipping. \ " Now that the unfortunate rage of shipping goods to Buenos Ayres has subsided, and the British manufacturers have leisure to look into their concerns, they complain, and with great reason, that their orders both for America and the IVest Indies are diminished; the Americans not only supplying the consumption of their own country, and that of the enemies colonies, but that of the British colonies too, (by illicit trade) w\i]\ foreign European, and East-India manufactures of various descriptions." Vide tract entitled, " Concessions to America the Bane of Britain." See also T. Coxe*s View of America, and the Debates in Parliament, soon after the American war, on the trade with the United States, &c. It is understood that representations have been very recently made to government, of the decrease of the trade from the British free ports in the West Indies, to the Spanish Main, &c. ( xxvli ) of the United States have made to an equal right of navi' gation of the river St. Lawrence from the sea * : whether any formal claim has been made by the United States to the British government on this subject is not certain ; but it is observable that, in this case) as in all others, claims of this nature have generally been promulgated in the first instance in anonymous publications, and so soon as the disposition of the Americ'ctn people respecting them is ascertained, they become objects of state, and are pursued and treated as such ! In noticing, again, the claim of the United States to the islands m Passamaquoddy Bay, it is impossible to avoid con- trasting the conduct of the former ad.ninistration of his grace the Dukk of Pob.tland, with that of Lord Sid- mouth ; which cannot be done more forcibly than by refering to the several passages selected from his grace's circular letter of the 11th April 1799, to the governors of Nova Scotia and New Brunswick on this subject f . This letter was occasioned by a note addressed to him from Lord Grenville, then secretary of state for foreign affairs, com- municating an extract of a letter which his lordship had re- ceived from Mr. Liston, " on the subject of a doubt that had been started respecting the boundary of his Majesty's province of New BruPawick and the American district of Maine." On that occasion, his Majesty's then government were justly alarmed to find the right of nuater-iuay^ or n^i-L gation^ described in Mr, Liston* s letter %, claimed as a right deduceaUe from the treaty ; apprehending it was intended to deduce therefrom, as a farther consequence, a right to the islands in Passamaquoddy Bayt lying on the American side of such water-way or navigation. Whatever were the circumstances which led to the ces- sion of these islands to the United States, by the conven- tion of May, 1803, in Lord Sidmouth's administration, a most singular coincidence arose out of it ; the President of the United States having refused to rati/;i/ §itf as well as the treaty agreed upon, in London,by the late Administration, with the American commissioners; and whatever motives induced Mr. Jefferson to refuse to ratify this convention, it is evident, the subjects of the United States considered * The British Treaty. t See Appendix i. (A) § The British Treaty, page 3^- H- Ibid, p. 15. f' ( xxviii ) it highly beneficial, and its rejection has been noticed, in many instances, with reprehension and displeasure. The author of the tract, called the ** British Treaty," states, that " subsequent to 1794, a survey of the interior of Ame- rica by British merchants, established in Canada," — " had proved, that a line due west from the Lake of the Woods would run north of the Missisippi, so that no further mea- sures were needful to ascertain that point. — The River St. Croiv had also been identified. — ^Two points, however, re- mained to be settled ; the line from the Lake of the Woods to the Missisippi, and the termination of that which was to run north from the source of the St. Croix, on which depends a large tract of count rij in the district of Maine. — Connected also with our eastern boundary, is an object of little intrinsic value (Moose Island), but important to the trade of Massachussetts, and to the revenue of the United States. Another matter of considerable importance, parti- cularly to the state of New York, had remained unnoticed. This was the ascertaining those island.s in Lake Erie, Lake Ontario, and the river St. Lawrence, which belong to the United States.'* — ^The same writer again observes, ** that instructions were given to the American Minister m Lon- do?i*, which embraced all the matters above-mentioned. The Minister accordingly treated with the British Govern- ment, and such was their confidence in him, and their liberality towards us, that he was desired to frame a con- vention agreeably to his own wishes. He drew it in the very words of his instructions, and it was immediately exe- cuted. Every thing asked nvas granted. The convention made complete provision for the subject matter of the fourth and fifth articles of the old treaty. It fixed our eastern boundary, settled the course of a line from the Missisippi to the Lake of the Woods, and confirmed our titk to Moose Island -fr Thus have the rights of Great Britain been providentially preserved in two memorable insta ces, by the force of Frejich influence in America; which otherwise would have been conceded by the British Government, from too strong a disposition to conciliate the esteem of the United States. ^In 1 80;. t British Treaty, p. 38. \ ( xxix ) - Since the separation of the provinces, which now constituteCamd.., the United States of America, from Great Britain, the re- ^^^^^^ maining British colonies on that continent, have been too Njw' generally considered, as possessions of little comparative ^'.""^' value ; yet it will appear, on investigation, they do not yield&c. &c*. to any other parts of the continent of America, either in soil, production, convenience of navigable rivers, or salubrity of climate. It has been observed, " a distant province of an empire can only be wisely and well governed, in proportion as the interests and conditions of the people, and the resources of the country, are known and understood :" — it is therefore to be expected, " when all the circumstances, which are requisite to give a beneficial and prudential direction to the measures of government, are exhibited truly and without reserve, the colonies dependent on a mother country, sucli as Great Britain, will experience a just and liberal dispensa- tion of power and protection ; in proportion as government is acquainted with their wants and necessities, those wants will be relieved ; in the degree that their industry is shewn to be zealous and productive, it will be encouraged; on exposition of undue burthens and checks on that industry, they will be removed ; and on default shewn of safety and defence, it will be supplied *." Unfortunately these provinces have not received from Great Britain, that encouragement to which they were so pre-eminently entitled, from their importance, patriotism, and loyalty j they have nevertheless thriven, under circum- stances most disadvantageous and discouraging. It is evi- dent, by the information received from numerous respect- able authorities, as well as by the documents which have been within the last seven years submitted to Government, and by the late report of the Committee of the House of Com- mons, on the commercial state of the West India Islands, and the evidence taken before them, that the British colonies on the continent of North America are possessed of great re- sources, and capable of furnishing supplies of naval timber, and other valuable articles, to a very considerable extent f . It is to be lamented, the inquiry of that committee * Sir W. Young's West India Common-place Book, t Appendix, No, 8. for this Report, and the evidence annexed ♦o it.— -The jEditor has to apologize for reprinting thisRepuit; but I. i rt' ;J :%U I «'-) ts U i% ( XXX ) was so limited ; it certainly would have been much more satisfactory to the nation, if the conduct pursued by the Board of Trade in 1784 and 1791*, on similar occasions, had been adopted, and their inquiry so extended, as to have embraced all the other points connected with the commercial Slate of the British West India colonies; namely, the compe- te/uy of the mother country, and its dependen jies, to fur- nish in British ships, in time of war^ the necessary supplies for those islands; if such had been the course of that inves- tigation, the qf/irmalive-f of that national and important guest ion would most indisputably have been established; and it would have appeared, that the distress J now felt by the British West India interest, was not to be attributed to the enforcement, but to the improvident suspension of the navigation and colonial system of Great Britain* and to the IM' as many of the facts adduced by him were proved before that Com* mittee, and not having seen in any other publication the Appendix to that Report, containing the evidence and accounts annexed to it, he has been induced to reprint the whole in the Appendix to thi« volume. '• Reports of the Board of Trade, in 1784 and i79i» on the inter- coarse between the British West India Islands and the United States, in a collection of papers, &c. published by the Society of Ship- owners of Great Britain, edit. 1807. + See an jimerican tract, entitled ** Peace without Dishonour, War without Hope,'* 1807, wherein it is observed, — "But lastly, •We are to starve her West Indies. It is really astonishing, that men will be so blinded by their hatred to Great Britain, as to urge, and appear to believe, such absurd notions. Why did they not starve during the revolutionary war ? No-va Scotia then supplied tliem with little or nothing ; she can now supply them with nearly all thry want^ They do not take our beef and pork in peace, they are so dainty ; and yet we talk of starving them ! But if they could support a war bf eight years, when Neva Scotia was a young uncultivated country, when our privateers swarmed in these seas, and the ocean was co- vered with the fleets of France, Spain, and Holland ; how much easier will it be to sustain a war, when the provision-vessels of Engt land can navigate in pertect safety, having no one to make them afraid ? But we do not vie,w the other side of the picture ! Is there not darger, that a war with us may turn their attention to ether channels of supply; and then destroy, perhaps for ever, this branch of our commerce .*" At that period. May, 1807, there were several respectable persons in London from the Bntieh colonies in Amfrica, capable urch-.ce8 they had made, he allowed them to import in neutral veb.-. Is the goods they had actually purchased, and directed the prohibitiber of certain dimensions, into Great Britain and Ireland. It may not be inapplicable to introduce the recital of this statute, to shew the same policy continued to influence the legislature on this subject.——" Whereas the " improving and securing the trade and commerce of the ** British colonies and plantations in America is highly ** benelkial not only to the said colonies and plantations but ** to Great Britain •, and whereas, it may on this account ** be proper to encourage the importation of deals, planks, ** boards and timbers from the said colonies and plartulions, ** whereby his Majesty's royal navy, as well as ships employ- ** ed in the merchants* service, may be furnished with such ** materials at more reasonable rates than at present, and ** great sums of money at present expended zmong foreign •* nations for the purchase of such materials may be saved.** This duty was, however, limited in its duration, having been granted for three periods of three years each at differ- ent rates, the last period ending the first of January, 1775. This regulation gave a fresh stimulus to the timber trade with America, and if it had been continued a few years longer, would have laid the foundation of a regular trade, and afforded an ample supply of timber of all kinds for Great Britain and its dependencies. Further encouragement appears about this period to have been given to this branch of trade : for by the II th Geo. 3. c. 50. a bounty was granted for a limited time, on the im- portation of white oak staves and headings from the colo- iiles, and on the 30th April, m7, it was resolved in the commons house, after some debate in a committet of the whole house*, " that It might be expedient to grant a bounty " upon staves and other lumber imported from Canada, East " and West Floridas, Nova Scotia, and the island of St. " John, to the West Indies-,''* but no Bill appears to have been introduced in consequence of this resolution, or any further proceedings had thereon, in parliament. • After this period, this important branch of colonial trade languished and became greatly depressed, notwithstanding the provisions of the 8th Geo. 1. c. 12. s. 2. and the di]S ^ Commons Jourpalj 36 vol. p. 468t 'ill!'!' .'J th and ( xxxvii ) forent kinds of timber therein enumerated, were allowed to be imported duty /)'<(', when, in the course of IS()(S, ihe in- jurious consecjuences resulting from such a system being represented to government, the policy of taking o(F the duties on masts, spars, .\i d bowsprits, imported from thence-, to which they had become liable after the 2ith June, 1 781, under the I'ith Chas. ^J. c. I-, and subsequent acts, was sug- gested ; and in order to promote the trade, which had been thus nearly lost, it was proposed that the former bounties should be revived, and allowed on the importation into Great Britain and Ireland, and the British West India islands, of all kinds of timber, the growth and produce of the British colonies in America imported in British bottoms. This suggestion was partially adopted, and by an act passed on ihe 21st July, 1806*, during the late ministry, it was made lawful to import into Great Britain and Ireland in British or Irish vessels, navigated according to law, masts, yards, and bowsprits, (which were excepted in the lumber acts), or timber fit for naval purposes, the growth or produce of the British provinces in America, free of duty ^ but this act is limited, and expires on the 1st oi January, 1809, three years before the expiration of the 8th Geo. 1. c. 12. s. 2. which is continued to the 29th Sept. 1812, so that at present all kinds of timber may be imported from the Kin|r*s colonies dutyfree. It is to be regretted the proposition to revive the bounties formerly granted on the importation of timber from the colonies had not been acceded to : for, surely, it is more politic to take from our own dependencies those articles required for general consumption than to purchase them of foreign countries i and if that cannot be done with so much cheapness, it is certainly consistent with sound policy to countervail the difference either by bounties on the importation from the British settlements, or by in- creased duties on the importation from foreign states. In another point of view, it may be said, consider- ations of revenue are not to be overlooked j which may, probably, have conduced to the partial and narrow system now pursued with respect to the timber trade of these provinces ; yet it is presumed the advantages which the state will derive from giving full effect to this trade, by granting bounties on the importation from thence of all kinds of timber, will considerably countg*- ^* 46th Geo.3. ch. 116. I- l-.l 1" 1^ ' \ ■1 1 1 ! ' 11 I :1 .; » 'hil h\\^- •n ;:^!!i:i' Ki •■< m iii . ill ( xxxviii ) balance any loss of revt lue f.um its adoption ; recollecting the immense sums of money which are annually sent out of Great Britain and Ireland, to the Baltic states, for timber of various descriptions; thus fostering the naval power of of those nations, which at every period of our distress is turned against us*, whilst our exports to those countries are small, and the trade with them disadvantageous to the British Empire. A more kind and liberal policy towards the loyal colonists in America, to which they are entitled from their sufferings and looses in the cause of the mother country, cannot fail ultimately to be highly beneficial to the latter in every point of view, political ai.\d commercial. From recent information, it appears there were at the close of last season, cargoes of timber prepared at Quebec for 100 sail of ships, for which sufficient tonnage could not be obtained; and it is the opinion of many persons well acquainted with the trade, that with common industry two voyages may be made in a year from Quebec to any part of Great Eritain and Ireland, though it may be thought that the severity of the winter in that country 's unfavour- able, by reason of the rivers being frozen ; but the reverse is the fact, for to active exertion in procuring timber, it proves a great facility, by enabling the wood-cutters to draw the timber from the woods on the snow, to the banks of rivers, from whence they are floated in the spring. It has likewise been suggested>that it would afford sufficient encouragement to the timber trade of the British colonies, to extend the duties f imposed in Great Britain on the impor- tation oi other foreign timber, to the timber imported from the United States, and thus promote the British timber trade, whilst it gave effect to the treaties between Great Britain and other powers from whose dominions timber is brought ; and which it was stipulated, in such treaties, should be put on the same footing as the most favoured nation. This discrimination in favour of the timbci* trade of the United States cannot, it is presumed, be justified under the present situation of the King's colonies, or consistently with the treaties with other states. This trade, besides these and other obvious advantages, will, in future, be the means of keeping within the British dominions, a great number of tbe Kir.g'c subjects, whose an- * Mr. Baring's examination, &c p. 21. t See opposite statement A, shewing the duties imposed on timber, &c. from the United States, and from othei countries, distinguishing each, ii ; '■ ii; IIU J. A statement of the Duties Imp^'"^'^ ^He UnlteJ States of America, contrabteJO^^^^*" Countries. Europe in DoaU ''oreign ships Duties. Seal ends Slavej Above 7 inches widei 8 i 4 above li thick Above 7 inches wide, 8 an cecding 3^ inciies thick and under l\ inches thii Above 7 inches wide, 8 an 17 3^ inches thick Above 7 inches wide, exci 22 inches thick Above 7 inches wide, exq 42 thick . - - Above 7 inches wide, ul 3 thick - - - Above 7 inches wide, al^ 5 thick - - - ' Not exceeding 36 inche exceeding 7 inches in Above 36 inches long, inches thick, and noQ Above 50 inches long, i| ^hick, and not excee4 Above 60 inches long, |j inches thick, and no^ Above 72 inches long, j 7 laches broad Hi Therefore COO Deals 240 Deal ends 600 Staves 19 13 1 13 1 18 II 1 7 11 2 5 3 Imported fr. United States in 10 9 6i 15 I 10 British shi])s Duties. £ 6 6 C 6 6 6 6 1 1 2 2 2 H :l American shipS' Duties. £■ s. "• 1 4 1 4 1 4 1 4 1 4 1 4 1 4 2 5^ 2 54 5 5 94 94 5 9i 8 4 74 of the respecti produce there( States (being t 1, Prussia, or any other part of Europe (being the 11 15 10. But when imported from the United in an American ship /"S 4 7r|. For the other ad- vaniagcs granted to, aud discruni ^ ^*^**' ^^ ^^* Statutes imposing the same. ( A. ) — Opposite page x A statement of the Duties imposed on certain Articles imported into contrasted with the Datiijs iinj^osed on the same Doah Articles; Above 7 inches widci 8 and not above 10 £tet long, and notl jgQ above \\ thick - - - - -- -per/ Above 7 inches wide, 8 and not above 20 feet long, and not ex- 1 Icicding J4: inches thick (excepting deals not above 10 feet long, y 1 20 and under \\ inches thick) ----- per ) Above 7 inches wide, 8 and not above 20 feet long, and exceeding > j^q 3^ inches thick -- - - - - -per 5' Above 7 inches wide, exceeding '20 feet long, and not exceeding 4 inches thick - -- - - - - -^ per Above 7 inches wide, exceeding 20 feet long> and above 4 inches thick --- per Seal ends Slavc'y " Deals Above 7 inches wide, under 8 feet long, and under 3^: inches \ thick --------- per Above 7 inches wide, abpve 8 feet long, and exceeding 3$ inches thick -.-....-- per Staves 120 120 600 120 120 Deal ends 240 Not exceeding 3C inches long, not above 3 inches thick, and not exceeding 7 inches in breadth - _ - - per Above 3G inches long, not exceeding 50 inches long, not above 3 inches thick, and not exceeding 7 inches broad - - per \ Above 50 inches long, not exceeding 60 inches, not above 3 inches ( thick, and not exceeding 7 inches broad - - » per ( Above 60 inches long; not exceeding 72 inches long, not above 3 i inches thick, and not exceeding 7 inches broad - per \ Above 72 inches long, not above 3 inches thick, and not exceeding ? j^ 7 inches broad -.-.--- per S li'f 12C 12( 12( GO Therefore COO Deals ^ of the respective descriptions above-mentioned, when imported fi 240 Deal ends > produce thereof), in a British ship pay a duty of £ 109 4 4^, and 600 Staves 3 States (bein^ the produce thereof), in a British ship, they oidy p vantages granted tO) aud discrmuAauons infwour qfAnwricu, over other uatioiis, Sc .. ) — opposite page x x x v i i i . I Articles imported into Great Britain from tTie UnlteJ States of Amcrica> tis iinposed on the same Articles from other Countries. ■■i » feet long, and notl jgQ per S et long, and not ex- ot above 10 feet long - - " P^"" t long, and exceeding > j^q per 5 ;, and not exceeding 4 per T, and above 4 inches - - - per 120 120 120 Imported from Europe in British sbips Duties. I Foreign shijis Duties. 3 W 8 17 21 41 s. 1 d. 18 Deals <)00 and under 3^ inches? jgQ per \ id exceeding 3| inches } j^q . - - per 5 Deal ends d nol per 240 f3 7 9 19 19 14 10 2 3 inches thick, and not ? j,^q ches long, not above 3 ? ^^o broad - - per S hes, not above 3 inches [ j20 . . - per ^ iches long, not above 3 » ^20 broad - per S hick, and not exceeding ? j qq per S . Stave* GOO 1 1 1 o A/ 109 10 7 19 4 3 5 10: 41 '2 2 10 74 4i 1 1 Q 2 111 19 13 1 13 1 18 II t 7 Imported fr. United States in British ships Duties. --i ^American ships 1 Duties 11 2 5 15 10 9 10 6 C G 6 6 6 6 9 9 9 9 9 9 9 1 1 2 2 2 15 H d. 4 4 4 >l 4 4 H n I ! T I J M. {■ ■ I I ' )' !i; I i I I !( ' (, PI ' -!>•( ( xxxix ) nual emigration has encreased the population of the United States to an alarming extent, a great proportion of which may be recovered, and induced to settle in the British provinces. The spirit of emigration* to the United States is 'mown to be kept up^nore on the reputation of tiie advantages obtained by Jormer adventurers, than froia any benefit which that country "tiow affords. It mnst bj apparent to every attentive traveller in passing through the United States, that the labour of America is in a great measure performed by the natives of tL? old co^m- tries, who, on their first emigration, might with v^ry litcle trouble have been settled in the British p-'ovinces, which are the only states in North America thai furnish to emi- grants good lands convenient to navigation ; it becomes there- fore an object of great national importance to consider of the best means to encourage persons disposed to emigrate, to give a preference to the British colonies in North America. The circumstance of the navigation of the river St. Law- rence, being occasionally frozen over part of the year, is not so great an impediment to the trade of Canada as represented, for though it may affect lumber, the freight of which is a ma- terial consideration, yet it cannot injure the trade in flourf, which, if properly packed, is not liable to damage in a short time ; besides, the trade to the West Indies from this pro- vince may, to obviate that difBculty, be so timedj as the trade between Canada and Great Britain, and no inconvenience or interruption can then arise. The recent contracts entered into by different branches of the public service for white oak staves§ from Canada, and for a considerable quantity of masts, bowsprits, spars and other naval timber ||, will tend in some degree to revive the trade of the British provinces, which have not been so adequately encouraged by the mother country as true policy required. To induce them to engage more extensively in the cultivation of their lands, and in the timber trade and fisheries, en- couragement by bounties or otherwise should be afforded them, and pennaneni legislative regulations adopted, so that they may be secured, in future, from those evils ' See Earl Selkirk on Emigration. — Weld's TfATfls.— Bden on Maritime Rights, f Report of the Board of Trade in 1781. I Appendix, No. b. p. 1 90. § Ibid. II Ibid, 2c6. f I- ' . M I :, ( xl ) ;i u. < : ; ' I! I!i! IIV 1 < l^^ .i.iil they have so severely felt, from the temporary and im- politic expedients resorted to by the government of Great Britain, in the regulation of the trade and intercourse be- tween the King's dominions and the United States of America. The other productions of Canada are, wheat, peas, beans, barley, oats, and potatoes*. The timbei consists of oak, firs, pitch pine, ash, elm, beech, birch, and maple. They likewise trade in furs, feathers, fish oil, salt provisions, and many other articles ; but more extensive informatior on this subject may be obtained by reference to the exports and imports of the provinces, and to the memorials and other documents transmitted by the colonists to government, some of which are printed in the Appendix to this volume, as it is probable, discussions may arise on these subjects before the existing differences with the United States are finally adjusted. The facts disclosed in these papers cannot fail to interest the feelings of the English nation ; and it is to be hoped, the present administration will realise the expecta- tions which have been formed of their intention to carry into effect the measures contemplated by Mr. Pitt, for the relief of these provinces and of the West India and Shipping interests, namely, by the resumption "of those maritime ** rights which our forefathers fought and bled to establish, •' and to maintain which Great Britain, even within our own •* remembrance, while at war with all the great maritime '* powers of Europe, w/io then disputed with her the sove- ** reignty of the seas, attacked and crushed the northern ** confederac;y\y It has long been an object of the government of this country, to promote and encourage the cultivation of hemp and flax In the British colonies in America ; and for that purpose bounties have been given, and various means:): adopt- ed to attain an object of such importance, as that of raising, within the British Empire, these two valuable materials j and * Appendix, No. 8. It is likewise stated, that iron ore and copper ore have been discovered and found in great abundance, i'.i many parts of these two provinces. " Remarks on the Conduct cf Russia and France," p. loi. t Concessions to Americ?, &c. p. 23. X Transactions of the Society of Arts, &c. vol. 21, &c. By the 24th Hen. 8. c. 6, it was enacted that " Every person having in his occu- pation threescore acres of land apt for tillage, should 80w one rood with flax or hemp seed, on pain to forfeit 8 s. 4 d. for every forty acres. An acre to be counted i6o perches, and every peroii i6 foot and a half," See also, % i Hen, 8. c xz., on the culture of hemp at Bridport < ( xli ) ;8. tKere can be no doubt, that if measures are now adopted to secure the home market to the growers of them for a reason- able period, such extended cultivation and improved ma- nagement will take place as will render Great Britain in a very few years independent of foreign countries for these raw materials of her manufactures*. Early in the present reign the attention of the legislature was ff^fliwdirected to this subject, and by the 4th Geo. 3.C.26. which states, " that the encouragement of hemp and rough ** and undressed flax from his Majesty's colonies and j^lan- " tations in America, would be the means of furnishing this ** kingdom with sail cloth and cordage (so essentially neces- ** sary for the supply of his Majesty's royal navy, as well as ** for ships in the merchants' service), and tend to make the ** supply of such materials cheaper and less precarious '" it was enacted, that from and after the 24'th June, 1764, until the 24th June, 1 788, certain bounties should be paid on the importation of hemp, water rotted, bright and clean, or any rougher and undressed flax into Great Britain from the British colonies in America, in ships navigated according to law, and the same was continued by the 26th Geo. 3. c. 53. s. 12. to the 24th June, 1806, and from thence by the 46th Geo. 3. c. 29. s. 4. to the 25th March, 1808. Within the last two years proper persons have been ap- pointed by government to superintend and aid the exertions of the colonists who might be induced to cultivate this article in Canada ; but the encouragement hitherto ;'^'^rded has not been considered adequate, or likely to induce the generality of landholders to engage extensively in the cultivation of hemp. It lias unfortunately happened that of the hemp seed and the manufacture of cordage there. These two acts were continued by the 33d Hen. S-c. 17 for a limited period; andby the id sect, of this act, it was enacted that hemp or flax should not be watered in any river, stream, or pond, where beasts were used to be watered, but only in the grounds or pits for the same ordained, on pain of forfeiture as therein mentioned. These two acts having expired, the 24th Hen. 8. c. 6. was revived and altered, by the 5th Eliz. c. 5. s. 49. which enact- ed, that instead of one rood, as therein mentioned, one whole acre or less, as by proclamation should be limited, should be sown with linseed, otherwise flax seed, or hemp ; but these statutes were after- wards repealed by the 35th Eliz. c. 7. s. 21. The other arts on this subject are the 15th Chas. i. c. 15. — 2d W. and M. sess. i. c. 4. s. 3i, 32. — 4th VV. and M. c. 3. — 7th and 8th W. 3. c. 39. — nth and 12th W, 3. c. 16. — ist Ann. stat. 2. c. 8. — .Ibid- c. 18. — 3d and 4th Ann. c. lo. — 8th Geo. i. c. 11. — 4th Geo. 2. c. 27. — zid Geo. a. c. 7, and those mentioned in the text. ' Sir F. M Eden, on Maritime Rights. '' ■■« « ^f^S. IM : ; HI ■ 1 [■ 'I i'M' .1' ; * ' I- ill !^'(' ■ ',.;<:» : '■■ ( xlii ) fent out to tills colony, a considerable part tiirned out to hi A'iln (Irii'd. The soil for hemp should be rich, deep, lighc, and moderately dry. Of this description much can be found on the banks of the creeks and rivers in Canada*. Upper Canada, from the nature of its soil and climate, has been thought to be peculiarly well adapted to the cultivation of hemp, and some good samples have been produced and brought from thence. Whether it will ever become an yrticle of general cultivation in this province is dubious f from the high prici of labour, and the loss it is supposed a farmer would sustain by the culture of hemp instead of wheat and other grain. "^I'his apprehension, however, does not apply to New Brunswick or Nova Scotia, where the lands are equally good, and calculated for the cultivation of this valuable article, and where it appears experiments have been made v/ith success and profit. *' Estimate of the ^roduce and expence of an a? re of land cultivated with hemp in Nova Scotia. PRODUCE. Ten hundred weight, at 355. per cwt. - - £\1 \0 ExPENCES. First ploughing, Is, 6d. second and third, 8^. - Three harrowings --------- Two bushels of seeds, at 1 2*. - - - _ - Sowing, covering seed, and water furrowing Pulling, eight day's work, at 2^. Gd. - - - Drying and bundling, two days - • - - Watering, grassing, drying, and housing - - Carting to and from the water^ say one mile Dressing ten hundred weight^ five days' work, 7 per hundred weight, 2s. a day - - - 5 Rent of land ----------. 15 6 6 - 1 4 5 - 1 - 5 . 1 10 5 1 Total expciice £ii 5 6 Clear profit per acre £Q 4 fi In this calculawon abundance of labour is allowed, and large prices for it, particularly for the dressing, which is the heaviest expence. In the winter beasoi , labourers might be paid and red for half the wages allowed, and would soon, it is thought, do moie work. Yet after deducting ail expences * Wissett on the Cultivation and Preparation of Hemp. t Transactions of the Society of Arts, 5cc. vo'.. 91. p. 457, V, out to hi eep, lighc, be found . Upper has been tivation of luced and econie an dubious f upposed a 1 of wheat does not the lands )n of this lave been e of land 17 10 15 6 4 5 1 1 1 10 5 5 i 15 6 *6 4 6 ved, and ch is the might be 1 soon, it expences ( xliii ) and the rent of the land, there is, in this instance, a clear profit, exceeding the whole produce of an acre of the best wheat*." In Lower Canada flax is raised, of which the inhabitants make coarse sheeting and sacking, and some seed is annually exported from thence to Great Britain and Ireland. Under the present circumstances of Europe, it appears not impro- bable that the cultivation of this plant may be successfully extended in the British rolonies, not with a view to manu- factures there, which certainly would not answer, but to supply Ireland with flax-seed for her manufactures. It is unnecessary to enlarge on the national advantages which will result from producing withiii the king's dominions hemp and flax, to such an extent as would nearly supply the whole demand of those articles for naval stores and manu- factures, and also corn f and other grain, with timber suffici- ent for the general consumption of the empire ; for though there may be a scarcity of oak timber in Great Britain, the oak of the colonies is little inferior to it, and is eqiral to foreign oak ; besides there are many other species of timber which might be substituted in shipbuilding, and can be ob- tained in several of the other dependencies. It is, there- fore, an object of importance to consider how these resources, which it is reasonable to conclude the British empire possesses within itself, are to be called forth with the speediest and greatest possible advantage to the state ; consequently it be- comes a fit subject for immediate consideration and inquiry j which it is to be regretted cannot be pursued with effect, whilst his Majesty's ministers are so systematically opposed in all their measures. As the SEA Your empire owns |, and from a thv^asand shores Wafts all the pomp of life into your ports j So with superior boon may your rich soil. Exuberant, nature's blessings pour O'er every land, the naked nations clothe, A.iid he tb' exhaustless granary of a world ! Thompson. * Annals of Agriculture. f See Dr. Johnson's thoughts on agriculture, wherein he says, " when Britain was subject to the Romans, she annually supplied them with great quantities of corn." The authority on which liiis fact is stated is most probably from Strabo. For a very interesting zccount of the Exports and Imports and Shipping of Great Britain from A. A. C. 5 5, to A. D. 449. see Henry's History of England, vol. 2. p. 195. X See Waller's panegyric on Cromwell, 4to. p. 180, &c. and mosto'^ the other English poets, for many brilliant and happy allusions to ine maritime preponderancy of Grtat Britain. !.V: 1,; \. % ■\ 1 ( xliv ) i 1 Brims i j wick. 1 ' 1 i! ' I i: ! '; ,:i V .i-\ I ■ i' • :i 1 . I . Nov^ Nova Scotia. — This provinre was orip;inally granted lo wdN^w '^'r William Alexander, in 1621, and in 17H4, it was divided into two Mates, namely, Nova Scotia and New Brunswick. Their situationis more advantageous to Great Britain than any other on the continent of North America ; not only from their connexion with Canada, the adjacent British islands nnd the fisheries, and from their nearer proximity to the mother country, than the other dependencies, hut also from the superior excellence and number of their harbours, creeks and inlets, and the facility with which they can supply the British West India islands with the various kinds of lumber, boards, scantling, staves and shingles, live stock, such as horses, oxen, sh'jep and hogs ; pickled and dried fish, and salt provisions, nanxely, beef, pork, and butter ; which articles, were the navigation laws enforced, could be had from thence in British bottoms, and delivered in the British West India islands at as cheap rates as they are now furnished in Ame- rican vessels from the United States, and with greater cer- tainty aind regularity, instead of the precarious supplies they now receive from tliCnce. It is well known the Americans will not supply the British islands, if there is the least chance of an advanced price to be had for such articles in the foreign islands, the Mediterranean, or elsewhere ; the consequence of which is, that our islands are frequently experiencing incon- venience from scarcity, whilst at other times their markets are glutted; and thus it is, the EngHsh merchants are driven out of the colonial supply trade, from its uncertainty and great fluctuation. The situation of Nova Scotia is highly important to Great Britain, as a maritime power, for the excellent op- portunities it affords for the accommodation of the navy, lying considerably to the eastward of the United States, and affording shelter and protection on every side, by means of its numerous harbours, which are well adapted for ship-building, the fisheries, :'.nd the timber trade, from the peculiar advan- tage of being accessible at all seasons of the year. The woods of these provinces abound with all the various kinds of timber to be found in New England. The pine forests are not only valuable for furnishing masts, spars, all kinds of lumber, oak staves excepted, and ship timber, but likewise may be made to produce occasional supplies of tar, pitch and turpentine. The various species of birch, beech, elm, maple and spruce, are found in all parts in great abun- dance. rhcsc two provinces, likewise, produce considerable crops ( xlv ) ! of Inclian corn, wheat, birlcy, rye, oats, pen"*, and beans. The cuhivation of which nii^ht be nuich extended, if the provinces received due attention and enc ourapeincnt : in- deed, they have become objects highly interesting to the mother country, and are deserving tlie attention of the legislature , who should direct inquiries to be made as to the nature, soil, and resources of them, the land being generally well adapted for the cultivation of all sorts of grain, and of hemp, flax, and tobacco. On every part of the coast there are fishing banks, of various extent, and in different depths of water, on which cod-fish is found in all seasons, notwithstanding the repre- sentations to the contrary. The variety of sea and river fish is great i those taken and cured for exportation are, the cod, herrings, mackarel, the shad, and salmon, which can be procured in any quantities. Fish can be cureil, and carried from Newfoundland and the Bay of Fimdy to the West Indies at as cheap a rate, and of a superior quality, than most of the fish sent from the United States. Herrings have hitherto been carried to the West Indies from these two provinces at a cheaper rate than from Great Britain '". The Bay of Fundy abounds with seal, the oil of which is preferable to the whale, besides the useful purposes to which its skin is applied. The numerous harbours in this bay are, likewise, accessible at all seasons of the year, and its navi- gation much more certain and less dangerous, than many other parts of the American coast. It is not, however, to be expected th.n the inhabitants of these two provinces will become extensive exporters of grain ; the soil, as well as climate, being so much better adapted for other valuable pursuits, to gr^ .ne; in particular. In all those parts which are called the ' . w England States, it has by experience been found to b«. i' e most advantageous occupation ; and, long as they have been settled, it is known they still prefer importing from other places the flour and corn they consume, to raising it themselves. For graz- ing, no part of the United States can exceed these provinces; horses, oxen, sheep f, swine, poultry, and all the various* * Appendix, No. 8. p. 190. t By 46 Geo. III. c xvii. which passed on the zzd March, 1806, tiuoo/, the produce of the British plantations in America, is allowed to be imported into the United Kingdom, notwithstanding the loth and nth William III. c. x. s. 19. until the 45th March, 1809; and accounts of the wool so imported are directed to be made up annually by the commissioners of the customs and revenue, in Great Britain and Irelp.iid. t. > \\ V, 1 h » I t ii I'l !■■'■ 111! 'I ( xlvi ) articles tinder the denomination of live stock, are there raised in the greatest abundance, and sold at the lowest prices : in proof" of which, it is only necessary to mention) that formerly the inhabitants of Halifax and St. John's were accustomed to import these articles from Boston, and other places; but now, in addition to the large quantities required for home-consumption, his Majesty's navy on the Amevkan station, and occasionally that on the West India station, with the King's troons in both provinces, are amply supplied with live stock and fresh provisions, and several thousand barrels of salted beef and pork are annually exported. Numerous saw-mills have been lately erected in various parts of Nova Scotia and New Brunswick, and there is every reason to believe, that, with the assistance of Canada for oak staves, they are fully adequate to supply the lumber required in the British West India islands; but of this fact no just estimate can be formed, whilst the relaxations of the navi- gation rnd colonial system are persisted in and continued, and whilst so great a proportion of that article, though prepared by British labour, is carrier" to market in American vessels : yet, if it should appear ou investigation that the quantity of lumber prepared in these colonies is not, at present, quite equal to the consumption in the British West India islands, the remainder of the supply may easily be obtained from the United States in BHtish ships, if the trade was revived and again regularly established; and of which no doubt can be entertained, from the offers of the merchants at New York, in 1 805, when they apprehended the old system was to be res'imed *. It is, however, neces- aary to state, there is no ocjasion whatever for sugar to be exported in casks; it may as well be packed in boxes ^ made of any kind of wood, similar to those used for the same pur- pose in the foreign Colonies, or be put into bags like the sugar imported from the East Indies and other places. Iron ore f abounds in many places, as well as lime-stone, • Reports of the Board of Trade in 1784 and 1791, and also de- bates on the American Intercourse Bill in 1806. — See the letters from New York, Jan. 1805, in Lord Sheffield's Strictures, p. 162. Copies of similar letters, it is understood, were delivered to one of the late ministers, at the interview of the merchants and ship-owners on the American Jntercuu.'sc Bill. f Copper ore, the produce of the Brlthh plantations in America, is subjected by the 8th Geo. I. c. xviii. s. 2*. to the same regulations as other enumerated commodities of the like nature, and the same has been continued by subsequent statutes to the 29th Sept. 1809, ^nd from thence until the end of the then next session of Parliament. ( Xlvil ) '.. priiid-stonc, and coal which is to be found in ahundiince in the eastern and northern parts of the province *. The export of gypsum has been already stated to be an object of great importance, and the carriage of it, if confined to British ships, cannot fail to encourage ship-building in the; provinces i to which there is reason to believe the United rttates must resort for coal in a very few years, as other kinds of fuel have become scarce and dear in the sea-part towns of the eastern provinces of the United Slates. The country along the shores of the river St. iohn^ extending across the province of New brun^wick more than 200 miles, and other lesser rivers in the same province, abounds with pine trees of various dimensions, suitable for masts, &c. for ^le navy, more in number and value than are to be found in the King's other provinces in America, tlut is, in the vicinity of large rivers, for from no other situation can they be conveniently brought to market. From within a few miles of these rivers, the largest m»>ts are drawn on the snow, when from 2 to 3 feet deep, with teams of '20 or more pairs of large oxen, to the banks of the rivers, from whence after the ice is gone, and the rivers are full, and in some places overflown, they are floated to their mouths and exported to Great Britain. In this point of view the province of New Brunswick Is more valuable and important to the mother country, than the other provinces. The other products of New Brunswick are similar to those of Nova-Scotia. Its staple commodities are, however, fish, lumber and f salted provisions; of fish there was exported from New Brunswick, in 1806, to Jamaica, 35,000 barrels^ besides about 13,000 barrels to the United States, for contru- baud articles, in addition to which, there was also exported to the West-Indies upwards of 2,000 barrels of beef, besides pork. It also appears in the same year, there was shipped in American vessels, from the islands in the Bay of Passama- * Post, Appendix, No. VI. page loi j the memorial fronj Halifax. t Extract from a letter from Trinidad, dated the 23d of February, 1808, to a merchant in London —" My last advised the receipt of your favour covering Invoice and Bills of lading' of barrels, &c. ol beef and pork shipped by the . Our market has been lately supplied very abundantly with ualt provisions from Nova Scotia., 5cc.; there is consequently very li*^Uc prospect of a ppeejly . 'e, and .is they sell their provisions, jo much lower., than pn vision- tK ;ii Irelai;d can be afforded at, I cannot encourage you to upeat your shipment '" i I I )l! it:l' F ^! 1' ■1 ' 1 •iiii I i ■ I'l 111; MS .'.'li' :'::: #■' ( xlviii ) quodcly, upwnrds oi five milllofis feet o£ p'^ne boards* jVfhich. were sawn at the mills on the streams on che British side of the boundary line. The bounty granted in 1806, on fish exported from these colonies to the British West-india islands, was likely to have revived and encouraged the fisheries; but whe- ther from design or from American influence, the views of the British government were that year in some measure frustrated at Jamaica, from the people there, giving the herrings exported from New Brunswick the name of shads, thereby reducing the bounty from 2s.6d.to Is. 6d. per barrel. This sort of fish is generally known by the name of herrings, though they are sometimes called alewives (clupea serrata) and are no doubt the fish on which government intended the duty of 2s. 6d. per barrel should be allowed, their object being evidently to encourage the exportation, from the provinces, of such pickled fish as were produced there and used in the British West-India islands. This fish, which the inhabitants denominate herrings and sometimes alewives, is a species peculiarly adapted for the West-India market, being equally nutritious with the her- rings from Europe, and possessing a greater degree of firmness, they are capable of being kept longer in warm climates. In such abundance are they to be found, that the quantity cured can only be limited by the insufficient num- ber of hands employed in that business. The full bounty of 2s. 6d. per barrel has since been paid, in consequence of the arrangements which have recently been adopted, to secure it to the British North American colonies, according to the intention of government. The statement of the imports and exports, which was laid before the house of assembly of Jamaica, during their late session, shews how * The annual export of himber from New Brunswick, prior to T804, exceeded ten millions of feet. See post, appendix, No. 5, p. 100, which is nearly equal to the whole amount of the import of lumber in Jamaica in 1 805-6. The Editor regrets he has not been able to ascertain the amount of ".he export oi lumber irom Nova Scotia and Canada, it is however believ»'d to be considerable. Account oi lumber imported into the island of Jamaica, between the 30th of September, 180J, and the 30th September, }8o6. From Feet British American Colonies 770,709 United States 10,096,031 Ditto ,268,629 Ships — British — American — British Total feet 11,135,369. Bee Yorke's Review, 2 Vol. p. 3»8. ^ which I side of id from iS likely Jt whe- ^iews of measure ring the )f shads f r barrel, lerrings, serrata) ntended Ir object )m the ere and igs and for the tie her- gree of I warm hat the num- n paid, ybeen onies, tement house 7s how )rior to No. 5, jort of en able tiaand lumber ember, caa ( xlix ) large a proportion of all the pickled and dried fish imported into that island last year was taken from the British colonies in America, and when it is considered that the principal part of those imported in Aweruan bottoms, and which are pre- sumed to be American fish, were in reality caught and cured by the British Colonists in North America, there surely cannot be a doubt of their capability to furnish the British West- India islands, in conjunction with the mother country, with ample supplies of that necessary and valuable article. It was probably, on this presumption, that in the late order of council * the article of fish was added to those of beef, pork, and butter, which constituted the articles excepted and not allowed to be imported in Anttrican vessels. The object of including fish in this exception has, however, been entirely frustrated ; for it appears by the Jamaica newspapers, that fish is still allowed to be imported into that island in Aftierican bottoms. If the subjects of the United States were restricted, in totoy from the carriage of this and other articles in their own vessels, the British colonists would willingly relinquish their claim to the bounty, and then, but not until then, will their resources be duly appreciated and known. From what these two provinces, with Canada, have already done, under circumstances very inauspicious, it may be fairly presumed, they are capable under proper encouragement, of furnishing large and abundant supplies of the articles consumed in the British West -India islands. The danger of a scarcity ot this article in the British West- India islands, which has been so repeatedly re-echoed by the advocates of the new system, is as absurd, as the misrcpresen- tationsf of the supporters of the intercourse bill, in 180G', * The order of council of the ist July, 1807. t Woodfall's Parliamentary Register, aid May 1806, p. 485, wherein it is represented a certain noble Earl st.ited, that " owing to the interruption of the intercourse during the American war, it had been ascertained i)\3X Ahont is»ooo negroes had d\td for ivanty or from being improperly fed, in the Island of Jamaica alone, in the course of 6 years'! !1 See also the newspapers of the 23d of that month. Sir If^illiam Toun^'^ evidently aware that the clamour raised on this ground was unfounded and not warranted by the fact, observe s in his Common Place-book with more prudence " that much distr..*ss qui, I t PI' 4 ,1 (1 % M': I I. ! ; u ; il II'' ,1 I ( 1 ) were weak and mischievous; for it is notorious to every person connected with Jamaica, that the average price of pickled and dried fish, throughout the whole of that yea'- was only from five to six dollars the barrel and quintal, and lumber and every other article at the same proportionate low rate*. In the intercourse, which the subjects of the United States maintain with their other allies^ they are obliged to pay heavy duties on all the articles they carry to, or bring from //6«> West-India islands; although the want of such articles must be as great, if not greater, in those settlements, than in the British islands ; it is also well known that the duties imposed on cargoes imported into the United States^ in British ships, are very considerable ; in no instance less than £\5 per cent, ad valorem, and in many upwards of j^30 per cent. If, then, this indulgence is continued, and the subjects of the United States are to be tolerated in their in- tercourse in their own vessels, with the British West-India islands, why not compel them to pay proportionate duties there ?. It is a tribute, which without hesitation or reluctance, they pay to other powers, and which they exact from British subjects in their own ports; it surely, therefore, ought on principles of reciprocity and justice, to be demanded from them in British ports, in case the impolitic relaxations of the ancient system are any longer to be continued. It may not be improper to observe that in some of the King's West-India settlements, there are tonnage and other island duties im- posed on British ships resorting there, but from which it is stated American shipping have in many instances been exempted^ f particularly those American vessels in which sre imported articles allowed by Proclamation! The great change which has taken place in the condition of the British North American colonies, since the indepen- though at the period alluded to many negroes died from the in- clemency of the weather during the hurricanes, but not in very great numbers, as Mr. Jenkinson (now Earl Liverpool) stated in the debate on the intercourse, on the 17th February 1786. See also reports of board of trade, 1784 and 1 791. * Post, Appendix, Nos. 5 and 6. t See Appendix, p. 104, 106, which points out the necessity of requiring the governors of the West-India islands, to transmit annually to government, statements of the colonial duties imposed on the imr ports and exports of the islands, and on the shipping emploved in, that trade. ( li ) 4 ' ^ ;? dence of the United States, renders part of the colonial system inapplicable to their present state, as they are more in contact with countries, which have become foreign to Great Britain, and have not only the facilities of interfering in their trade, which so obviously arise from similarity of manners and language, as well as proximity of situation; but also from a right l>y treaty of entering all their ports, baySy and harbours for the osien:ible purpose oi fishing*. These causes operating on the restricted state of he trade of the provinces, have brought the contraband trade with the United States to such a regular system^ that the duties upon the exports of the United States, to foreign countries, which are drawn back in favour of their trade to all other places, are withheld on their exports to Canada, Nova-Scotia and New Bruns- wick; so little do they consider the British merchant as a suc- cessful competitor in this trade, that the consumer has the full duties of the United States added to the price of the foreign commodities, with which the provinces are supplied in a con- traband "'ay, and this is effected without the British mer- chant's being able to rival them in the articles of East-India and West-India productions, the nianufactures of Great Bri- tain and Ireland, foreign liquors, wines, oil, and fruit, which are supplied from the United States, in quantities sufficient to constitute a great pirt of the whole consumption of the King's provinces. On th;s trade, in addition to mercantile profits, and besides the advantage of the returns in fish, lumber, furs, feathers, butter, oil, plaister of Paris, and money, the govern- ment of the United States have the full amount of the duties, as well upon the articles exportedy as upon most of those im- ported.\ Whilst the advantages of this contraband trade arc so great, it is impossible for the most vigilant revenue officers in thjB provinces to do little more than enforce obedience to the law on the part of the honest trader, who is under such depressing circumstances deterred from actively pursuing and extending his commercial concerns. To enable the fair trader to enter into competition with the contraband trader, by carrying the fish suited for the European market to the place of its consumption, it became ^-.lirable that he should be allowed to make the return of his fish cargo in other articles besides salt ; which was the only article, prior to 1806, he was permitted to * Se« Appendix, Nos. e2 5, 6, and 7. I' -, 1, m fiJII I'jl '*l ! - 1, i{ I,. M ■ i li: r ■ w '; 1 t ; 1 , 1 . ii , 1 M 1 ■ ll 1 Si ll ,l ^11 Ij! -il I ( lii ) bring back : it was therefore suggested by an eminent character connected with the provinces, that it would be highly beneficial if the merchants could import winPj oil, and fruit, in addition to salt j that the trade would then become an object deserving their attention, as the salt alone would not produce, in point of value, an adequate return. That such indulgence would take from the mer- chants of the United States, the exjmrt of the lisli of the British provinces, to the European market, on which they had the profit, and the government of that country, a duty of half a dollar per quintal, and enable the British merchants to supply the King's provinces with those articles of con- sumj^tion, which were then principally furnished in a contra- band way from the United States, and that it would also tend to revive the fish trade to Europe, which the British merchants in the colonies had been obliged to abandon. It was further represented, that it was an indulgence to which the province of Nova Scotia had an additional claim under the resolution of the house of commons in 1175, when the necessity of the measure was not so obvious.—" Resolved, ** That it is the opinion of this committee, that it will be ad- ** viseable to admit a direct importation into the province of " Nova Scotia by His Majesty's subjects, in ships and vessels " qualified bj^ law, of all wines, oranges, lemons, currants " and raisins, the growth and produce of any foreign country '* whatsoever, provided such wines, oranges, lemons, cur- " rants and raisins, be imported directly from the place of " their growth and produce, and p»"ovided also that the said ** commodities be not imported into any other part or place ** within the said province, except the '">ort of Halifax*."— This resolution originated in a petition from Nova Scotia, which created much debate and opposition, but was ulti- mately carried and a bill ordered to be brought in on the subject, but which does not appear to have been donef . This suggestion, to a certain extent, was afterwards adopt- ed, it being deemed expedient to depart in this instance, from a principal point of policy in our colonial system, that of confining to the mother country, the export of European articles for the supply of the colonies j but this was in an in- stance, where a colonial object could at the same time be greatly promoted, without injury to British Shipping or * Commons Journal, vol. 35. p. 400, 467 — 16 Geo. 3. 1775. t Parliamentary Debates, Oct. and Nov. 1776. 4 m '. mi ( liii ) British mnmifaciiircs ; indeed, it might be called an object of the mother country, as the benefits of the fishery, more than any other branch of colonial trade, seem to centre directly in this kingdom, especially those of the Newfoundland fisheries. In the distress occasioned to the British fisheries bv the war in the countries of the Mediterranean, it was considered whether a depot offish could not be made at Gibraltar and Malta, and the ancient markets supplied from stores laid up at those places. In projecting this new trade, it was seen, that not only a great easement would be given to the British fisheries, but great encouragement would be holden out to foreign purchasers, if the European produce required in the colonies could be shipped direcuy from those two places of resort.— To authorise this, it was enacted by the statute 46 Geo. 3. c. 116, t\\zx.fnnlf wineiOi/, salt, or cork, the produce of Europe, maybe shipped at Malta, or Gibraltar, for exporta- tion direct to the king's plantations in North America, in any British' built ship, navigated according to law, which shall arrive with the produce of those fisheries, taken and cured by His Majesty's subjects, carrying on the same from any of the said plantations, or from Great Britain or Ireland re- spectively.- 'J'he effect of this regulation, which is too limited, and should not have been confined to Malta and Gibraltar, cannot be felt during the present war ; it is, however, proper to observe, that the return cargoes of Euro- pean produce, are restricted to be carried in British ship- ping. — This act passed soon after the American intercourse bill in 1806, and was introduced by the late ministers, who ought, in that instance, to have acted with the same patriotic and national feeling as they did in this case, and have con- fined the trade between the British West India islands and the United States to British shipping. From various causes, the British North American fisheries have languished and declined ; amongst them, the most pro- minent are those before stated ; the improvident grants of islands in the bays to private individuals ; and the impress of the men belonging to the fishing vessels. — The impress of the jisherynen while employee^ in the fisheries and coasting tradci instead of adding to the naval strength of the empire, di- minishes it, by inducing the fishermen to emigrate, whereby the nursery for seamen is destroyed, as the fisheries formerly furnished most of the seamen who navigated the British i 1 I I Hi,' m '! '1 :.!J i I ;■ i I!' ' U .i'l ■ ( liv ) merchant vessels in thrir intercourse with /(mericUt and who in that capacity were always liable to serve his Majesty. The American trade and fishery to the coast of Labrador© and Streights of Bellisle, employed in 180.5, above nine hundred sail of vessels belonging to the United States ; if they were prevented from trading and fishing in the har" hours and rivers of that settlement, they would abandon it; as the sea fishery is not wor.'.> following, and tiie traae and fishery would then be engaged and occupied by British sub- jects, who at present are excluded from any share in it, by the superior numbers of the Americans, who seize on every station which is advantageously situated, and hold the same to the exclusion of British subjects, and this is even done under some of the improvident grants before referred to. The Nova Scotia fishermen, thus excluded from the fishery of the gulph of St. Lawrence, by the subjects of the United States, have resorted to that part of the Newfound- land shore, which was formerly occupied by the French, where there are some advantageous stations j but they have been driven from thence by the ofHcersof his Majesty's ships on the Newfoundland station imprudently impressing their men. The encouragement by the If'gislature of the fish trade to Firope, and to the British West India islands ; the preven- tion of the encroachments of the United States, on the islands in Passamaquoddy bay ; the suppression of the contraband trade carried on there, and securing to British fishermen pro- tection from the impress*, will revive a branch of trade in the British colonies, which is of the first importance to Great Britain, as a nursery for seamen, and which furnishes beyond any other, the most extended consumption of British ♦ Bythe 4i8t Geo. 3. c. 21. 8. 30. which was a temporary Act, persons employed in the fisheries were exempt from the impress, but which is not contained in the subsequent statutes, which continued some of the provisions of that Act ; it«deed statutable protections from the im- pu.3s, have of late years (notwithstanding their importance as encou- ragement to persons to enter into the Merchants' service and fisheries) been too much disregarded, and the expence, trouble and vexation in the service of and in obtaining (by Habeas Corpus) the discharge of persons so protected, has been such, as not only to deter the owners and masters from applying for them, but likewise to discontinue taking apprentices as extensively as formerly. The costs of obtaining the writ ol Habeas Corpus are inconsiderable ; it is the subsequent charges, and the difficulty of service by the removal of the men from ship to ship, which constitute the great expence and incoDveniencc. ( Iv ) manufiictures. — It cannot be denied that the fisher' of the United States, by the wisdom of its government, increases to a)i astonirhing degree, undei' great disadvantages arising from the local situation of their country. While the British fishery, with every natural advantage in its favour, has declined every year, not only, from the interference of the Citizens of the United States, but also from the want of adequate encourage- ment by the Mother Country, which would soon revive it, and be the means of inducing great numbers of the fishermen who have emigrated, and are now employed in foreign service, to return to their allegiance. Oh is there not some patriot, in whose power That best, that godlike hixury is placed, Of blessing thousands, thousands yet unborn. Thro' late posterity ? some, large of soul, To cheer dejected industry ? — — — — . And teach the labouring hand the sweets of toil? — — ■ with venturous oar How to dash the wide billow ; r or look on. Shamefully pasii'vey whWc Batat'ltti* fleets Defraud us of the glittering Jinny swarmsf That heave our firths, and croud upon our shores; How all-enlivening trade to rouse, and wing I'he prosperous sail, from every growing port. Uninjured, round the sea-incircled globe ; And thus, in soul united as in name. Bid Britain reign the Mistress of the Deep. Thomson. The admission of neutral ships into the trade of the British W est India Islands, has likewise proved seriously detrimental, iiot only, to the inhabitants of the British North American provinces, but also to many persons in the AVest India settle- mentsf, whose capitals were embarked in plantation shipping. On the termination of the war in 1781', very few ships or vessels belonged to these settlements, but the good effects of adhering to tlie navigation system after that period, were as striking as they are incontrovertible, as will be seen by the rapid increase of colonial shipping, '■ontrary to the assertion of the West India planters, before the Board of Trade, who then stated, that any shipping being fitted from the islands was hopeless^. For Batavian read American. f In Bermuda and the Bahamas. t Reports of the board of trade, in 1734 and 1791, edit. 1807, which r.u"e highly deseving at this time cf grave attention from the n I ■ I* nil' ii^'l I * f •! 11 I !!■ ■; I : i t : It •:J i^' >i ''i W4 '[• 'i.::i I ( IvI ) I'he following statement ^' clearly shews the increase under !he old^ and the decrease in the employment of plantation shipping under the 7iew system. Ships belonging to the British JVcst India 'slands., cxclusi'x* of captured colonies, and employed in the trade be- tAveen those islands and the United States, includint^ their repeated voyages. In I794> ''en na "cation rets beg.i lu 1S04, li' .,.'o!i;;<.'(-; "nee of the suspension of t'ls liavigaliwu laws Decrease in im years Ships. Tons. Meu. 706 86,010 5,115 67 7»6i9 6i6 639 7«,38i 4*489 Ships belonging to the British North American provinces, and employed in the trade between those colonies and the British West India islands, including their repeated voyages. In 1794* when the navigation acts began to be suspended .... In ^8-4, in const quonce of the suspension of the navigation laws Decrease in ten years Ships. Tons. Men. 2^9 24>90o ^453 100 11,906 734 129 11,994 718 ] 6j9 78,381 4,489 129 12,994 7i3 768 91,375 SjJ'S? Dccrra?c of Ships belonging to and employ- ed in the trade of the British ti'^est India islands in ten years Do. — The Br tish North American colonies Total decrease in the- employment of plan- tation ships in ten years, inder the suppcnsion of the navigation Kuvs British ships employed in the direct trade from the {."fitted Statesy which entered inwards in Great Britain, in the following years : Ships. Tons, Men. ai6 36,87; Si ii»347 748 In 1786, In i8o6. Decrease 163 25,528 2n-,povtant and valuable ji.formation they contain; those Reports were I ■ I J i I ti^ \ Men, > »>453 734 7i8 4,489 718 Men. 748 were lord 1C6. 1I ft. ( Ivii ) Bi'itish ships employcfl in tiic direct trade to the United Slates, which cleared oitluanls from Grciit Britain in tae follow '.ig years: Ship J. Tons. Men, In I7'i6, . . . 213 39»6n In 1806, ... 39 «.:?' 447 Decrease . . 174 3C'>92o It iuust, however, be admitted, that the whole of the decrease of British ships employed in the direct trade with the United States was not, altogether, attributable to the suspension of the navigation act, as there v^ere other causes which .ontributed to it ; yet, it is evident, how in- jurious the Oj^eration and effect of the new systr i .'c been on British plantation shipping, as well as on tl.t s^ ;- ping of Great Britain: the latter of which has, ev«. wuiaa the last three years, decreased nearly one-half, vi- Ships built in Great Britain y according to the retL. ns to Parliament. In Ships and Vessels. 180^, . 1096 1804, . 714 1805, . 713 1806,' 549 Ships and Vessels. decrease 382 I 164 Tons- Tons. 115,627 decrease 80,146 35.481 71,256 8,890 5«,48o 12,786 .ssels ; ^^^ lotalTonsl decrease J ^'^''-^^ Total decrease of ships and vessels \ in three yeari . Thus, one of the most important branches of trade, which constitutes of itself a manufacture of the first impres- sion, from the employment w^hich it affords, and the encou- ragement it gives to national industry, will continue to de- cline, until the old system is revived, and the shipping of the empire are put on a more equal footing with the ships of foreign nations ; either by an increase of the alien duties, or by the substitution of others, sufficient to countervail the great difference in the expence of building and equipment of British ships and of those of other countries. * The account of ship-building in Great Britain for 1807 is not yet presented toparliament, but it isapprehended there is a further decrease of tonnage. It is, however, too obvious, from the present state of the private building yards in Great Britain, there is little inclination to build merchant-ships; and, it appears, some inconvenience has been lately felt from the want of vessels for the Irish trade, and in parts of the coa 3 trade. See also a table of the annual consumption of ship- ping in the Collection of Reports on Navigation, edit. iSo?* \\ ' rietors of were al- either re- nt of the led in the adopted, generally >rders of with his kner acts, Geo. 3d. 3. c. 12. • the sus- ijestf au- goods as imported wVy with ^ntinued rhe thret Geo. 3. by the Bd> Wis med for le three aled by IS were lipping, hipping ( lix ) Interest of Great Britain, until it should finally terminate, and the Navigation System resumed as beKore the war. This act, however, authorized, under orders in council, the iniportaiion of the protluce of any part of America or the West Indies, not uniler the King's dominions, in neutral ships, provided the goods so imported were warehoused, and not removed but on entry for re-exportation. This grievous extension of the New System having been seriously felt, and great injury resulting from it to the British Shipping Interest, his Majesty's then government, it appears, were induced to extend the same privileges to British Ships, by admitting them, under orders of council, to the same advantages of importation which had beer, granted, and previously enjoyed by foreigners under the former acts. Thi<: extension was accordingly legalized by the 4L\l Geo. 3. c. 80. sec 2. ; and limited in its duration until the first of September 1802; but even by this act certain articles, namely, rice, snufT, and tobacco, were excepted, though allowed to be imported in neutral shipping. This restriction on British Shipping was alleged to be in con- formity with the regulations established under the Revenue acts< After the renewal of the war, the New System was during Lord SiDMouTH*s administration more generally extended under the 43d Geo, 3. c. 153. which authorizes, under orders in council, the importation in neutral ships of any goods from any place belonging to any state not in amity with the king, during the present war, and for six months after it. The provisious of this statute are very extensive ; the last section of the act being considered a virtual dispensation from the navigation system, in regard to countries with which we were at war; and the same discretionary power with respect to foreign America, and the West Indies, was vested in his Majesty, as had been granted by the 4f2d Geo. 3. c. 80. which was revived and continued by the 44 Geo. 3. c. 30, until eight months qfttv the ratijication of a definitive treaty of peace. These two statutes, the 4 2d Geo. 3. c. 80. and the 43 Geo. 3. c. 163. with the 45th Geo. 3. c. 34. enabled his Majesty to grant all those facilities to neutrals which had been so justly complained of by the Shipping Interest : the im« 4' \ ;t^ ,i.i ( u ) nortalions iind-T the latter act must be by lircnrc from his Majesty, ami of articles the protluce or manufacture of countries, not prohibireci to be used or consiuneil here. The trade carrieil on umler this act dilKers from that under the 3!)th and KUh Geo. 3. c. 31. in as much as there is no restriction on the tonnage of the vessels } and the articles imported under it may be sold ior home consumption, except . sugar and cotfee, which must be warehoused for export- ation : it therefore only remained requisite to vest the same power in his Majesty, with respect to countries in amity, which he had by the ISd Geo. 3. c. 15:J. in regard to coun- tries not in amity, and then the whole navigation system was liable to be suspended at discretion; which it appears had been done in some instances, even before this act passed \ but the illegality thereof was cured by an act of indemnity, namely by the 4-5th Geo. 3. c. 33. By the l-^th Geo. 3. c. 29. his Majesty was also autho- rized to allow certain enumerated articles to be imported in any foreign ship, on payment of the same duties as in a British ship. This act was limited in its duration, but afterwards continued, with the addition of goat skins, by the 4.5th Geo. 3. c. 80., and further continued by the -tfith Geo. 3. c. 29. s. 9. to the 'J.5th March, 1808. It is to be observed, tliat none of the articles enumerated could be im- ported from any place in a British ship, except goat skins, which were allowed under the 15th Geo. 3. c. 35. and which was made perpetual by the 3 1st Geo. 3. c. 43. These are the leading features of the several statutes, which established and gaveper manency to " the system of suspension ;" a* tempted to be justified on the presum- ed ground of necessity, but which, in the opinions of well-informed and disinterested persons, did not exist to warrant such a radical change iji a fundamental law of the land. The principle adopted in the act which allowed goods to be imported in time of peace in neutral vessels and to be warehoused for exportation had never been acted upon in any former peace ; nor was it warranted by then existing circumstances, for it is "'^ell known that at the close of the last war several thousand tons of British Shipping could not procure employ nient. It was the injurious operation of these acts, which induced the Si ail cJ sl fci nj in ^\ lif i :'H ii ,lMl' ( Ixi ) Ship Owners to apply so frequently between the years 1801 and IHOl to the legislature and government, but their appli- cations were not attended to, though the depression on the iShipping Interest began to be more generally and severely felt. The rapid discharge of seamen from the navy at the com- niencenient of the late peace was also attended with great hjjury to tho state, from the vast numbers of them who emi- grated to France * and other foreign states, in search of em- ployment : many thousand tons of British Shipping were, likewise, obliged to be sold or let to foreigners, under cir- cumstances peculiarly distressing, especially those char- tered to the Dutch and French merchants ; and the owners of those ships cannot fail to remember the losses they sustained by the want of protection which was on the cum- mencement of this war so unaccountably withheld from themf. It may perhaps be considered invidious to make any furttier observations on these transactions i they certainly tended considerably to increase the depression on British Shipping, and though it was difficult, in 1802, to obtain freights for them almost at any rate, neutral ships were continued to be employed in the trade of this country, in time oi peace i under orders in council. Whatever contrary opinions may have been promul- gated on this subject, the navigation laws were certainly violated and infringed by the importations in neutral ^ips under the suspending acts; yet it has been asked, " where is ** the evidence that the principle of the navigation law was in the ** smallest degree violatedX^^ By the 12th Cha. 2. c. 18. the principle was established, of securing to British Ships the ex- clusive trade to and from the British plantations j and the im- portation into Great Britain froxn all parts of the world was confined ^o British Ships, or to the ships of the countries of which til goods to be imported were the growth, or produce. It is not contended by the Shipping Interest that the navigati( n laws were established to encourage and secure trade, but to increase shipping and seamen ; the object of • Alley's Vindication of Lord Sheffield's Strictures, p. 55. Also the Petitions to Parliament in 1802. t See printed Case of the Owners of British Ships which wsre let on freight during the late peace, to the subjects of the Bataviur. Re- public. Edit i8oj. I Mr. Cock's Anewer to Lord Sheffield's Stricturea, p. 6. vm !ii;i; 1 ii 1 I ,1, t, . ' ( Ixii ) the founders of that system being to promote navigation, in order to encrease the naval power of the kingdom. Cojii- merce can be carried on as well in foreign as in British shipping, especially in time of war, because the former are free from capture, and are navigated at much less expence, consequently their freights are lower: it is therefore obvious that in case neutral ships are allowed to trade to and from Great Britain, to countries where British ships am go, the number of the latter must unavoidably be considerably reduced, and the nursery for British Seamen affected in the same proportion. These relaxations have been attempted to be justified, first, on the ground of necessity, and afterwards on the advantages supposed to be derived by merchants to whom goods were consigned from abroad, and imported in neutral shipping into this kingdom, although they were not the growth or produce of the country from whence they came, or of the country to which the neutral ships belonged, and which were entered for home consumption, or warehoused for exportation. It may be admitted, that under the provisions of these acts, goods to a certain extent came to this country for a market, which probably would not otherwise have been brought hither j but the benefits accruing from such importations were infinitely too inconsiderable to counter- balance the serious injury done to British shipping, by allow- ing neutral vessels not belonging to the countries from whence the goods came, to bring articles for home consump- tion, which if such indulgences had not been granted to them would have been brought in British ships, except from the countries of the enemy, to which the suspension of the former system should have been confined ; and even in that case limited to articles indispensably necessary in British Manu- factures, and to them only; for the more bulky articles obtained from the enemy's countries, such as Brandies, &c. should not have been allowed to be imported direct in neu.. tral vessels, but only to have been taken to a r.eutra/ port,2ivd the importation of such articles from thence, confined to £i:itish bottoms ', which would have been highly beneficial to the Shipping Interest and the West-India planters; for the increased freight and expences on such spirits would have operated as a bounty on Rum from the British Colonies, with- out any injury to the revenue, whilst it produced a propor- tionate depression on the Enemy. It is understood an ap- plication to tliis effect was m^ide by the Shipping Interest to I (1,11 ;* ! Ration, in I. Com- n British rmer are expence, ?: obvious and from // gOf the siderably d in the justified, 5 on the whom 1 neutral not the came, or id which ised for ■ovisions country se have •m such :ounter- y allow- 'S from nsump- uted to )t from of the in that Manu- articles es, &c. in neu^ *•/, and led to aeficial for the I have ► with- ropor-i m ap- rest to ( Ixiii ) the Board of Trade during the late administration, but with- out success. Under the operation of some of these statutes the injury to the British merchant was manifest, and to the revenue very great. The British merchant, in the course of regular importation, entered his goods on their arrival, and paid the duty immediately. The foreigner warehoused his goods without paying any duties, and they were allowed to remain in his own warehouse, under no other care than that of an ordinary custom house officer, till the foreign merchant chose to declare whether he would take them out for home consumption or for exportation ; he therefore, in the first instance, was spared the use of so much capital as the duties would have amounted to on the importation of the goods, and actually saved the duty on that part of them which was wasted, or clandestinely taken out of store, between the landing and regular delivery of the goods. Thus, it is clear the relaxation did not* produce any advantage to the trade of the country, or any benefit to the revenue ; on the con- trary, in all importations from countries in amity with Great Britain, which were warehor.sed, a certain loss accrued from waste, or from the goods being clandestinely taken thereout, which was often done. The injury sustained by the British merchant, under the operation of these regula* tions, is now fortunately obviated by an equal and wise system established by a subsequent act, which is bene- ficial to the merchant and not injurious to the revenue (except by the postponement of the payment of the duties), as the goods are deposited in security, and the public interest cannot suffer by waste or plunder, the duties being payable according to the measure or weight of the goods when first imported. In order to countenance and give eflPect to the new sys- tem, it is likewise stated " that in the American war, if " we had rigidly adhered to the laws of the nth century ** we should not have been able f defend ourselves against ** the formidable confederacy by which we were assailed f". This assertion is, however, calculated to mislead; for the departure from the old system in the American war, cannot justly be compared with the suspension of it durmg the late war, under the acts before mentioned : for the act of the * See Mr. Cock'» Answer, p. 8^ t Ibid. u\ I !'V ' m t r*0 it! > ii [.ii.i'\ I' ■ I ( Ixiv ) 19th Geo. 3 J. c. 28, only allowed British built ships, t/joug/j oivtied by foreiguersy to import certain enumerated articles in case three fourths of the crew were British subjects, or the subjects of the countries from whence the cargoes were im- ported, but in the latter they were liable to the alien duties ; and by the 20th Geo. 3. c. 20. ships in the merchants service were permitted, as is customary in time of war, to be navi- gated by three fourths foreign seamen. These are the only acts passed in the American war, which interfered with tiie policy of the navigation system. Besides the several acts which were passed in the course of the last war to authorize the suspension of the former svstem, the same was further extended as before stated, by the 44th Geo. 3d. c. 29. which allowed for a limited period, hides, wool, and other articles of raw materials for manufactures, to be imported here in any foreign vessel whatever, under orders in council j and by a subsequent act, the 45th Geo. 3. c. 34. all importations from countries belonging to foreign European princes in America, are allowed in neutral ships : thus it appears, by the laws now in force, goods may be brought not only from the countries of the enemy, in any neutral shipping, hoivever navigated^ but likewise from the territories of foreign states, in Europe, as well as on the continent of America ; though the articles so to be imported are not the growth or produce of the country to which the ships or vessels may belong. It is likewise asked, but with what propriety is not ob vious, **were we ever so flourishing in commerce* at any former period as in the peace which succeeded the war dur- ing which nve had thus deviated /"' It is well known that the nation was never in so depressed a state as during that war, and that the measures adopted by Mr. Pitt, to which is to be attributed the revival of the trade, commerce, and manufactures of the country, and also the improvement of the revenue in the peace that followed the American war, had not the most remote connexion with the relaxation of the navigation system which afterwards took place. It appears the trade of Great Britain has invariably in- creased in time of war (except in the American war), and it is to be seen, that in the period prior to the operation of the acts which suspended the navigation system in 1797, it * Mr. Cock's Aoswer, p. jz. t if nil: :; ( Ixv ) had rapidly encreased from the commencement of the last Svar. In 1792 the actual * value of the imports of Great Britain were - /.19,659,35ft and the exports - - 2+,4<66,849 In 1796 the imports were '- 23,187,000 and the exports - - 28,025,00,0 It is, however, to be admitted, that the indulgences which Ti^ere too generally granted to neutral ships, under these i«ts, mui-t have occasioned some addition to the imports and exports of the kingdom, which were principally from the United States and the foreign West India islands ; but the point for consideration, which arises out of this system, is whether the transit of such goods, in neutral ships, through this country to tlie continent, compensated for the serious mischiefs, wliich have resulted from the operation of the suspending statutes. Ingenuity seems to have been exhausted in the endeavours to justify the new system and to impress on the public mind the advantages to be derived from its continuance: whilst facts the most erroneous have (it is trusted unintentionally) been stated, and adduced in its support. The only instances in which such relaxations may, consistently with true national policy and the preservation of the naval power of the country^ be allowed, is in the admission of dyes, in neutral vessels direct from the enemy's country in time of war, and of such Other articles which are indispensably requisite in British manufactures ; and in the case of the coLiitry of an ally being in danger of being over-run by the common enemy, it may be prudent to admit the produce of it and the property of the inhabitants to be brought away, on the emergency, in ships of any neutral nation, as was recently done in the case of Portugal on Junot's approach towards the frontiers of that unhappy country. As illustrative of the advantages pretended to have been derived under the suspending acts, when they had arrived at their full f operation, a comparative statement is made of * Appendix, No. I. to the Examination into the Increase of the Revenue, &c. by the Right Hon. George Rose. Edit. i8o.358 ' and the exports - . - - >C*4)466,849 ^i (802 tbs offi.ial value of the imports was • /!'3 2>795j55.' the exports " ^37,786,856 See Mr^ Rose s Examination, Appt^ndix, No. I. t Mr. Cock; Answer, p. 28. | Ibid. § Ibid. || Ibid. ^17,077,000 17,213,000 21,025,000 2.'),97 1,000 ( !xvii ) • peace, the most flourishing period of the trade, which the commercial history of England had then to record, the amount of commerce and revenue was beyond all compari- son less* than the amount of three last years, even of war only distant nine years from the period of peace ; and it is evident both from detail and result, that this increase at an unfavourable epoch, was greatly owing to that liberal change cf policy which admitted a free trade through ev£ry convey- ance by which Britain could be benefited. " This reasoning, it is presumed, cannot be maintained ; it evidently arises from a mistaken view of the subject: the commerce of Great Britain, as compared with it in time of peace, having greatly increased in the last war, btforc the system of suspen- sion was acted upon. From 1785 to 1790 the imports were and the exports _ _ . From 1792 to 1796 the imports were and the exports _ - _ And in the wars of 1 742 and 1756 the trade of the coun- try likewise increased to a very great extent, and, as before mentioned, it has generally done so in periods of war, with the exception of the American war, which is to be attributed to the peculiarly disastrous circumstances attending it. It is also observed, " if, as Lord Sheffield professed to deem necessary to our salvation as a commercial and n?:! nation, Britain had rigidly adhered to the navigation « ys>' ."n of the I7th century, the consequence would have been that we should have had much less than half the comme' e and revenue to meet the arduous contest in which we " e en- gaged f." To show how unwarranted this stater v is, as applicable to the commerce of the country, it is o; neces- sary to refer to the following comparison of foreign and British ships employed; which must convince e n those persons who believe there exists a necessity of v -mitting, in time of war, the employment of neutral s= ps, in the trade of Great Britain, in breach of the navigation laws, that it is an erroneous conclusion, and cannot be maintained. It has already been stated, the revenue did not profit in the most trifling degree by the employment of neutral carriers, except in the articles to and from the countries of the m * Mr. Cock's Answer. p. 29. !•• 2 t I'jid, Ik ■i^tn il!- r f 1 1 ( 1 1' ■!;.;: i« p li'il; HI .1 !!'.!"!; :■ ■■; ,1. 1 h Ji t>'i< { Ixvlii ) enemy. The home consumption was not increased by neu- tral vessels being employed in the trade to neutral nations; and the statute of the 'iG Geo. '3. c. IG, which extended generally the provisions of the Dutch property acts, having passed in May 1796, it could not of course have hud any ex- tensive effect, indeed it is so adaiitled'*', until afior 1791). STATEMENT of Fon-igfi and British Ships, which entered inwards^ with their repeated voyages in the follow- ing years : viz. Foreign. In 1797 451,000 17yS 420,000 1709 470,000 J SOO 7<)3,0OO 1801 780,000 1802 . 480,000 Jirinsh. 1,121,000 w.u- 1 ,289,000 1 ,^^5,000 l,37y,000 1, '■578,000 l,79l-,000 peace The other observations in support of the new system are equally incorrect: for instmce, " this immense rise in our trade, a'ld financial resources, icJiilc our s/iippii'SJ' iiite)rs* was promoted 7jiore thim ever ; our mercantile sailors morr? numerous than ever ; affords the strongest proofs of the wisdom of thai change of laws which accommodates itself to circumstances. Can that be univise policy which has so much incre\'>d private and public wcahh, the grand ob- jects of political economy; and under nvhich our chief Lu!- ivari of strefigth has become powerful beyond all examplef ?" Surely the employment of neutral ships in the trade tf» countries, where iffr?V?A'A ships could have gone y cannot tend to increase British ships, or British seamen, or countervail the loss of freight to the Shipping Interest : under these cir- cumstances, it is apparent the new system has not produced those advantages which its advocates an''cipated and have been so desirous to prove and establish ; but on tke con- trary, the most serious evils have resulted from their adop- tion, which, in the course of these observations, it is pre- sumed will be most clearly shewn, although it is statedij; " that the number and tonnage of British ships employed * Mr. Cock's Answer, p. n. f IbitI, p. jc. j: Ibic^p. le. 1^ ixix ) since tiie acts in question have * not been dlm'uiuhed^ but great- ly increased." It however appears, that In 179G, the tonnage of" British ships employ- ed in the trade of Great Britain (exclusive Totis. of coasters), was - - - 1,4T4,000 That in the succeeding year, 1797, it decreas- ed to - - - - - 1,121,000 a\nd in 1801, the British tonnage Tons, employed, only amounted to 1 ,378,000 From which should be deducted, to make a comparison, the in- crease of British shipping in the trade of the British colonies and . the captured islands, in the in- terval between 1797 and 1801 ; because the trade to those colo- nies could not have been affect- ed by the suspending acts, which are so highly commended by the advocates of the new system, as the act of t!ie 37th Geo, 3. c. ?. which passed in 1797 extended the privileges of British ships to those vessels which were taken, and belonged to the captured islands ; and which, of course, extended con- siderably, during this period, the quantity of British tonnage I 'J4-,000 M J5W//V/?' tonnage employed in l79G 1- in 1801 Decrease in the employment of Br-i^h ship- ping, under the suspending ^'^5tem, be- tween 1796 and 1801, at the close of the 1 ,^254,000 1,4.74,000 1,25*,000 last war f Tons 220,000 In answer to the complaints of the Slipping Interest in 1802, on the improvident indulgences which had been, and were continued to be granted co aeutral shippmg, much * Mr. Cock's Answer, p. :4. J- See the Parliannntary Papers for thcs<^ year? i« ■T. U ■A ii . ^ ;i 91 ' n i^!f A, ^1 ■ ;i|'^ ( Ixx ) stress, it appears, was laid by the then ministry*, on tin.* statement of the exports and imports of the country, and the value of the merchandize exported confounded with the increase of shipping. It is, however, easy to shew that such was not a fair criterion; for instance, on a comparative esti- mate of four years immediately preceding the late war, it will appear, that, In 1789, 1790, and 1791, taking the average of those years, that the tonnage of British Tons. ships, which cleared at the custom-house, was 1,3 12,570 And that oi foreign shipping, in the like period 1 R),G8(j Whilst, in 1792, the tonnage of British shijis, which cleared out, was only •• - 1,390,003 And that oi foreign ships, in that year - 169,151 Making an increase of British shipping of nearly one-pfteenthy or - - - - 83,425 And an increase of fc/eign shipping of nearly one-fifth .y or - _ - - 28,470 The value of goods exported, on the average of f^ the three former years, was - -20,955,137 And in the latter year - 7 _ ^.t 4,^ g wao Being an increase of about one-fifth. \ ~ *> ' ^ > ' If, therefore, the value of the exports had increased one- fifth, and in the same period the tonnage of British shipping ciilv one- fifteenth, it was rather too bold to argue that the incr.Mse of one was a fair criterion to judge of the increase of the other, and subsequent to that period an infinitely greater proportion of foreign ships were employed in the trade of this country, for it appears, that In 1797, before the provisions of the Dutch Property Act could have had much effect, the tonnage oi foreign vessels trading with Tons. Great Britain was _ - - _ 451,000 And that in 1801, when in full operation, it amounted to - - - - 780,000 Being an increase oi foreign tonnage under the suspending acts in the trade of Great Britain, mfive years, of - - _ - Tons :j29,000 whilst there was a very considerable decrease in the em- ployment of British tonnage as before stated. In iliL ' S<'e Cobbefs Political RcijistiT, i^t ;Mid zd vols. ( Ixxl } riantier the enii^lo} 110111 of tlio shipping of Great Britain tlu- ti cased, and the tonnage of neutral shijis eniplo)«cd in J3ritish trade under the operation of the suspending acts increas- ed ; akhougli the reverse has been most confidently stated and attempted to be shewn by the advocates of the new system *. Another inconvenience resulted from the suj\iension of the navigation laws, by the encreased employment it afibrd- cd to neutral shipping; namely, the difficulty it often cre- ated in procuring foreign seamen for British vessels. At every period, when English seamen are recpjired for the navy, it is obvious how injuriously every measure must oper- ate which enables foreign seamen, who would otherwise be employed in British merchant ships, to find o readily safety and employment in neutral vessels, in which they are not Jiable to be captured by the enemy, or oc.casionally impressed into the king's service. In addition to these objections ta " the suspending sys- tem," a constitutional point arises, of some importance ; as the acts on which it is founded divest parliament of its legis- lative faculties, and invest the same in the privy council, so far as relates to the foreign trade and commerce of Great Britain, and to part of its colonial trade under the American Intercourse Bill of 1806 ; indeed it approximates In principle to the doctrine of non obstantty which, according to the best legal and constitutional authorities, has always been looked upon with a jealous eye. It is to be observed there Is no authority in the Act of Navigation to enable his Majesty to suspend the provisions of it ; it may therefore be fairly contended, under the statute of the 1st William and Mary, sess. 2. c. 2. sec. 12, that the acts which authorise the sus- pension of the Navigation System established by an ante- ceikiit statute, the ISth'^Charles II. c. 18. are contrary to that provision of the Bill of Rights ; the words are, " and be it further declared and enacted by the authority aforesaid, that from and after the present session of parliament, no dispen- sation by non obstante of or to any statute, or any part thereof shall be allowed, but that the same shall be held void and of no effect, except a dispensation be allowed of in yV * Sec Alley's Vindication, in which this subject is most ably and imj^irtially treated. i- 'ii I I r 'I 'HI ' t f-i ' I, m ■ i :| '111 ( Ixxii ) sUih statute, and except in such cases as sV/fl// be specialht provided Joi'y by one or more bills to be passed during the. present session o) parliament ^ It is not intended by this observation to question the om- nipotence of the British legislature, but merely to point out the words of this statute, which appear to have been cither misunderstood or disregnrdeu. It is evident the fr.'.mers oi' the Bill of Rights intended by this clause to preclude thc» exercise of the non obstante or dispensing power, as to the provisions oi former statutes, except such power was in- vested by such statutes in the crown ; or in such other cases as might in the coyrse of that session of pariiavient he specially provided for ; and that as to future or subsequent acts, the crown should not exercise the dispensing power, unless the same was granted in the act, the provisions of which it might, from change of circurristanccs or other cause, be necessary to suspend. A reference to the debates on the temporary Acts for regulating the trade between Great Britain and the United States, after the acknowledgement of their independence, will prove the propriety of these remarks. It was observed by Mr. George Dempster, in the debate on one of these acts in 1787*, " that when he voted in favor of the proposition that the government of the trade with America should be vested in his Majesty in council, he felt some re- luctance, being conscious that he resigned the powers of that house, in an unconstitutional manner; but the unsettled condition of the United States of America, and the peculiar circumstances of the times, appeared to him to warrant such a resignation of his own right as a member of parliament, and to justify that concession. The case was however now different, and he saw no reason why the house should not re-assume their powers, and return as soon as possible to the exercise of their functions. Every friend to the constitution, he conceived, must feel with him upon the subject, and the persons who originally asked for the act confessed them- selves at the time to be conscious that they were unavoidably obliged to desire what was obviously unconstitutional.'' — " That annual acts were no novelty" — " but he could not hslp being of opinion that the sooner the house returned to * Debrett's edition, vol. 36, page 4*9. n i 'if JLWJW *msgsm It! ( Ixxiii ) the aniiiT.t practice, -.mJ the less tliey trusted to the dUcre- tioii of the cxetiiiive ^rovcrnmcnt, tiie better." The evils resuUing troin $■ inovations of our mariliine ;s| laws are great; their iujurious operation on the Shipping Interest manifest; and the ultimate depre.s.sion they will pro- duce on the naval power of Cireat Britain becomes daily more apparent. I'hc British Ship-owners have also too much reason to complain of the /ac Hi fij with which licences have been granted by the Privy Council, (notwithstandinf; the abuse of them) authorising the employment of neutral ships in the tradeofthir country, audit is from the experience which they have dearly bought in that respect, they are so anxious the former system should be resumed. It is observed by Lord Sheffield, " the very exi>^tcnco of these powers is calculated to produce various nu.schief. When the regulation is known and fixed, commerce may direct its concerns accordingly. But when men in office and governors unrestrained by any written statute, regulation, or principle may suspend or alter the accustomed direction of trade, the prospects of commerce will be rendered tm- certain and precarious by the prccarioiusness of the regula- tion, and commercial speculation in consequence will be intimidated ani! depressed. It cannot be expected that trade can prosper under such circumstances; lirmness and sta- bility of system can alone enable speculation to look forward with any mercantile confidence to the future, to prosecute its plan with steady determination, and to anticipate with any probable security those necessities whicli it may be callejJ on to supply. But what inducen)cnt is left to com- merce which may, in a moment, be counteracted in its view*; and objects by discretionary orders ; what provision will be made for the supply of distant n-.arkets, if those mar- kets be daily liable to be opened by orders from the treasury or council to foreign competition, and thereby rendered pre- carious, hazardous, and unsteady ; what merchant will con- tinue in a trade which the signature of a West-India gover- nor may hourly Interrupt or defeat ? I think, therefore, it cannot be denied that these powers of discretion so eminently liable to abuse, are at least dangerous and repulsive to irade; that thev tend to introduce into commercial concerns un- certainty and indecision, which cannot but contine or re- press the enterprise of the merchant : and I must also add, that they are so hostile to the genuine spirit of the law and the con-'iiiuliouj that niiuibtens have ihoi'.i^ht il uccQ'S-ary to '.' ! if-* fM:» :* ^. IMAGE EVALUATION TEST TARGET (MT-3) 1.0 1.1 U&|28 12.5 US ^^ ^'^ ^ 1^ 12.0 I iJ5 III 1^ 1^6 ^ 6" ► ^ /i /I o^ / 4W .t''^ -Vv o^* Hiotographic Sciences Corporation 23 WEST MAIN STREET WEBSTER, N.Y. I4S80 (716)S72-4S03 '^ >^ ^\^. ^ ^ c^ 6^ t ■ , iiliiin li ( Ixxiv ) inrocurc an annual a«t of indemnity for the exercise of thos** discretionary powers*." These are the constitutional and commercial objections co the statutes, by which the Act of Navigation, emphatically styled, *' The ChartaMaritima of England," has been during the last twelve years suspended, to the serious injury of the better interests of the country. It should always be re- membered, that our brave and wise ancestors never did for any purpose of revenue or of policical accommodation to other states, depart from the strict principle of the Navigation Laws, but took especial care, that our own trade was carried on in our own ships, and invariably made the commerce of the country the medium of the increase of its shipping. *' What, my thouglitless eons, should fire you more Than when your well-earned Empire of the Deep The least beginning injury receives ? What better cauie can call y^ur lightning forth ? Your thunder wake ? your dearest life demand? What better cause, than when your country sees The sly destruction at her vitals aim'd ? For, oh, it much in^ports you, 'tis your all. To keep your trade intire, intire the force And honour of your fleets; o'er that to watch. Even with a hand severe, and jealous eye." ThoiMsos-. The Shipping Interest having pointed out the ruinous con- sequences resulting from the suspension of the navigation and colonial system, and the concessions to neutral nations ; the advocates f of America and the partisans of the late ministers, have availed themselves of every opportunity to calumniate that respectable and valuable class of his Ma- jesty's subjects, by representing that in their opposition to the ylwerican intercourse bill, they attempted io impose ^ on parliament, and that the tlomitieering spirit which they evinced, on that occasion, fell principally on the West-India planters ||. This calumny which had been chiefly confined to anony- mous publications, would have been passed over and treated with the contumely it merited, had it not been countenanced by the author of the defence of AmtricUy for such it must be § considered, whose rank and situation in life entitle • Lord Sheffield's Strictures, id edition, page 125. •i- Medford's Oil without Vinegar, &c. ic X Emancipation in Disguise. II Mr. Baring's Examination, p 17c. ^ § Ibid. p. 2. to j' '1 ( Ixxv ) y^' him to attention and respect; it consequently becomes neces- sary, however reluctantly the discussion is entered upon, to point out the motives of such conduct and the sedulous en- deavours, which continue to be made, to depress the Slip- ping Interest of Great Britain and the trading interests of the British colonies in North America. It will be recollected that the Amerlcon intercourse bill as cr'iginally introduced by Earl Temple, authorized the King, with advice of his privy council, to suspend^ during the present or atjy future wary the navigation and colonial system in the British settlements in the West Indies and South America, both as to exports and imports ; which placed the whole of the colonial trade, in all its branches, in the hands of ministers, and rendered the mercantile and ship- ping interests of the empire entirely dependant on the officers of the crown *. The alarm which was excited by this enormous extension of the suspending power of the crown, induced not only the ship-owners and the merchants aiid others interested in the export trade of Great Britain, to pe- tition the legislature on the subject, but Ukewise the mer- chants engaged in the trade and fisheries of the British North American colonies f . The deep and lasting impression which their opposition to that unnecessary and impolitic measure made on the public mind, is a convincing proof that, on that occasion, " a few common place phrases about our old navigation laws and mariiime rights'* did not ** answer the place of argument, and" — that much, and not, as it is stated, " little trouble was taken to ascertain in how far they may or may not be really injured, by any remedies suggested for the niief of others^.'* On the contrary, the petitioners urged the necessity of an inquiry^ before a committee of the house of commons, on the state of the shipping and navigation of the country, and of the resources of the King's colonies in America, and on the result of that investigation they were willing to abide \ but all their entreaties were unavailing ; and notwithstanding the high .. V ^1 I 41 1." ■ 1 •■' %\ 4 • See introduction to Collection of Reports, &:c. on Navigation and Trade, edition i8o7. — Stockdale. t See the Votes of the house of commons, session i8o6, for the numerous petitions presented agamst the American intercourse bill, and compan the bill as originally introduced with the act ^\ hrch ulti- mately passed on the subject. See 7\%o Alfred'' s letters to Lord Holland in 1 vol. of York's Political Review. \ Mr. Baring's Examination, *Scc. p. 17:. \.\ 1: i J ■ i ( Ixxvi ) thuracter which the partisans of many of the lale ministers gave them, for the zeal and attachment, which it was saiU thev pccuharly feh for the privileges of the people, they tlenied to them, that which on all similar occasions hid been considered a matter of course, if not, of right, namely the np[)ointmcnt of a committee to inquire into the nature and true merits of their application ! No delay could have arisen from this investigation ; it was stated, and a pledge was givi'n, in the course of the debate- on this bill, that the period for the inquiry would not exceed a fortnight, and it is not prcLentlcd any inconvenience would have been felt by the planters, there being no apprehension of scarcity. For Mr. Windham by his previous circular letter of April, 1806, had not only directed the governors of the West-India islands to sii5}uuu the navigation acts duritig the ivary and to allow the importation of provisions and lumber, but he had likewise promised to provide for them the usual indemnity ; thereby, unconstitutionally, anticipating the judg- ment of parliament. It, surely, was not too much to expect from an admini> stration, principally composed of persons who had assinned the enviable distinction and character of " the friends of the people," a ready acquiescence to an application in its nature, so reasonable, necessary, and constitutional ; espe- cially as it did not proceed from the Shipping Interest only, for whatever objection there nnght have been to them, from other * considerations, yet the respectability of the merchants and traders who signed the other petitions, on that occasion, independently of the national importance of tl^e subject, ought certainly to have induced the late administration to iiave paused and reflected, before they determined to preclude all investigation. A reference to the petitions presented agaln.^t that mea- sure, and to the brilliant and unanswerable speeches of the members of both houses of parliament who opposed the Ame- rican intercourse biljf j will convince every unprejudiced mind, that the representations so industriously circulated to calum^ niatc the iShipping Interest, and to encourage imjust prejudices against the trade of the British colonies in North America t -' ^ The Shipping Interest from their Fuppos'-d attachment to Mr. Pitt, have fnquently been subject to the animadversions of his jjuiitical opponents. I Sec Woodfall's Parliamentary Kcritter for ii;c6. Vi \ rr.i ( Ixxvii ) are anfounded, and originate in party motives. It is, how- ever, consolatory to observe an increasing attention to thehc two important interests, particularly the former, which is so immediately connected with the Landed Interest, and con- stitutes a very large proportion of the elective body of the LTnlted Kingdom. When the circumstances in which tlie country was placed during the late war are recollected, the conduct of the Ship- ping Interest will be justly appreciated, from their forbearance to press, during that eventful period, on the attention of government, the apprehensions they entertained of the im- policy of the suspension of the navigation and colonial system, and the evil consequences which they contemplated would result from it. Tlie motives which influenced their conduct were highly creditable to them ; feeling the perilous situation of the country, they deemed it most prudent not to afford an opportunity to the turbulent and factious, to intenmx the imaginary and unfounded grievances which, at that time, were brought forward to harass and perplex government, with the strong and well grounded claim of the Shipping interest to the attention of the legislature*. In ISO I -2 they availed themselves of the short interval of the peace of Amiens and applied to government, in Loiii> SiDMOif i'h's administration, but without effect, and it was not until Mr. Pitt's return to power in 1804, that the ship- owners received the attention to which they were entitled ; when the strongest assurances were given to them of an in- tention gradually to resume the former system ; and of whiclv no doubt could be entertained, from the measures actually taken during the 'latter part of his administration |. It also appears that on the commencement of the late war, an order was issued in November 1793 for a strict enforcement of the * Sec introduction to Collection of Reports and Papers on Navi- gation and Trade, edition 1807. p. 26. t Ibid. p. 2 J, 25. An attempt is nicide to render doubtful the truth of Mr. Pitt's intention to resume the old system, &c. Vide Mr. Baring's Examination, p. 7. Were it necessary in a work of this nature to go into proofs of the political opinions of a deceased minister, very satisfactory evidence can be adduced that more than one of his Ma- jesty's late ministers were satislii-d of the alteration which had taken place in Mr. Pitt's sentiments on this siibject, and in further corrobo- ration of these posthumous opinions, as they are now called, of that great stati^sman, it is only necessary to refer to the minutes of the colonial office, and the board of trade, dnring Mr. Pitt's last administration, and to some of the printed papers laid before parliament in the sprinjf of 1806. I'm ( Ixxviii ) I .< rule of 1750; a relaxation of which Mr. PiTT was most ri'lut'tnntly prevailed upon to acquiesce in very soon after- wards ; HUT SUBSEQUENT CIRCUMSTANCES HAD, IT IS WELL KNOWN, CONVINCED HIM MOST SATISFACTORILY OF THE INFINITE IMI'ORTANCE TO THE COUNTRY OF GETIING RID OF THAT RhLAXATION AT THE EARLIEST OPPORTUM lY, AND OF RECURRING TO THE RULE ALLUDED TO. The death of this illustrious statesman damped the hopes (;f every one anxious to maintain and preserve the maritime prcpondrrancy of Great Britain, it being evident from the opinions *, openly promulgated by some (and afterwards adopted by all) of his successors, they were determined to ndhere to the system of suspension, notwithstanding the in- jurious consequences which had previously resulted from it, and the depression they would ultimately produce on the uaval power of the country. These explanatory observations, whilst they exculpate the Shipping Interest from the charge of having attempted to impose on parliament, and oi factious f conduct in their opposi- tion to the American Intercourse Rill, will, it is trusted, counteract the illiberal attempts to prejudice their character and reputation : experience has shewn, that although the •Shipping Interest, in a crisis like the present, forbear to press on the government of the country their claim of attention to their particular case ; it is not to be doubted, but that under more favourable circumstances, they will avail them- selves of every constitutional means to induce the legislature to adopt such measures as will protect their property from the ruin which will await it, if the maritime rights of the * See Lord SkeffieWs speech, the lath cf M;iy, 1806, on the American intercourse bill : *' his lordship said he iiad always serious apprehensions respecting the loose opinions which were so often tluiivered on these subjects- But his alarm had become extreme since lie had heard a noble lord (Grenville) distinguished for his great abili- ties and information, to whom neither levity nor imprudence could be imputed, hold a language, which appeared to him intended to prepare us in consequence of the change of times and things for a relinquishment of tlie most essential parts of our navigation and colonial system." Also see Mr. Fox s speech on the same bill, on the aid May, i8c6. " I have no difficulty in saying, that in my opinion the course should always he, in time of war at least, such as is proposed by this bill to make it, and I am not sure that it may not be necessary also in time ' peace I •t Edinburgh Rgview, 5cr. ■;l ( Ixxix ) country continue to be sacrificed and abandoned to thcr theoretic speculations, and new-fangled philosophy of the modtrn economists ; who, by their timidity and empiricism, have encouraged in neutral powers an insatiate cupidity to tlemand furlhir concessions *; and thus have brought upon the nation, many of those difficulties and embarrassments in which it isnowplaced. For, as Dr. Johnson has truly remarked, " to make concessions is to encourage encroachments." The persevering efforts of the Jmerican party in this country, who call for a revision, or rather for an abroga- tion of our navigation and colonial system, and boldly pro- claim, that the only remedy which promises some permanent and much temporary relief to the British West-India planters, is to open the ports generally to neutrals f ; must be obvious to every one who has viewed with attention and impartiality, the mild and conciliatory conduct of Great Britain towards America. Not content with the powerful influence which they have unfortunately obtained, their endeavours appear to be direct- ed to mislead the public mind on many important points; or to what other motive can the following assertion be attribut- ed, unless it is intended to encourage the prejudices of a few individuals in the British West-India colonies, whose conduct conduces to a belief that their attachment to the mother country is not so strong as their regard for the United States ? " At present, by the most absurd policy, aur planters are prevented from paying for the large amount of provisions and supplies from jimerica, by a return of their own produce, which ivottld •willingly be received, because the ivhole of it must go to the mother country, where it can only sell at a loss J." Though by the 28 Geo. 3d. c. 6. sugar, molasses, coffee, cocoa-nuts, ginger and pimento, are per- mitted to be exported from the British West India Islands to the United States, In British-bwlt ships §. It is apprehended by the Shipping Interest, in case sugar and molasses are not allowed to be used in the distilleries, that every exertion will be made to obtain permission to export from the British West India Islands to the United States in American bottoms, sugar and other coxonial produce. If such an infraction of the colonial system should take place, * Cobbett's Political Register, 13 vol. p. 437. t Mr. Baring's Examination, p. 167. I Mr, Baring's Examination, p. 168. § Reeves's History of Shipping and Navigation,2d edit, p.271, 272^. ■,vs \ ■ '-A i m \ 1 1 »;rJ »^1 ( ixxx ) I il i-jif w \mcrica, so strong a disposition to depreciate and lessen, the just popularity with which the recent energetic measures of the present administration have been received throughout the country, that little doubt can be entertained, that such is the real object of the publication. If, fortunately, these mea- sures are not relaxed, but are adhered to and enforced f, it being eviilent, •* His Majesty cannot otherwise get out of the wnr with safety," the people may anticipate a successful ter- jTiination of it *, for on that depends the maritime power of Great Britain, which constitutes at present the only barrier to universal despotism and misery, and on which the nation must rely for the continuance of its liberties and inde-^ pendence. *' Qui mnre teneat, eum necesse rerum potiri." On the right of Great Britain to issue such:|: instructions it !!■ \ * Mr. Baring's Examination, p. 167. t See tlie Antijacobin Review for February, i8c8, p. 104, for some very patriotic observatiohs on this subject.^'* The king who makes y permission, spreads." Thomson's Liberty. I.: m ( Ixxxi ) for regulating, as in point of fact they ilo, the navigation of ^he sea, ami the policy of issuing thcni, it is unnecessary here to expatiate. The principles which justify retaliation on tiie enemy by measures which, thcugh in their operation injurious to neutrals, are still obvious necessary measures of self-defence, are clear and unequivocal. The conviction on the public mind (a conviction which has preceded^ and will not be lessened by the discussions in parliament), affords the grateful pledge, that the nation will patiently await the result of the system adopted by ministers, in conformity with principles avowed and partially acted on by their prede- cessors. The same just sense of the necessity of recurring to adecjuate means of defence and preservatfion, which in- duced the latter at the end of 1806, to reserve the right of acting in a way that must necessarily bo injurious to neutral commerce; abundantly justify their successors, under circum- stances no less imperious, in carrying that right into efFe^." Let them persist then in their honourable course, and they may be assured the rational part of the community will con- tinue to support them in their most laudable efforts; for though difficulties may attend the p .ctical operation of the orders of council) the energy and activity which suggested their adoption) will find means to facilitate their piogress ; and from them) as well as from any great public measure, founded on sound principles, many collateral advantages not originally foreseen, may be expected to arise. Expei-ience has shewn that the former increase of British shipping was to be ascribed to the navigation system, which strikingly appeared in the application of it to the trade of the United States. When these countries were part of our plantations, a great proportion of their produce was transported to Great Britain, and the British West India islands, in American vessels ; they had likewise a share in the freight of colonial produce from those islands to Great Britain ; and they annually built many ships which Were employed in the British carrying trade. But after the independence of these states, and their ships had been ex- cluded from our plantation trade, and that trade was wholly confined to British built ships; we not only gained that part of our carrying trade from which they were so excluded, 'hi : ' '.Ml .i"U * Sir F. M. Eden on Maritime Rights. G .11 '!i m •t ' .|; ( Ixxxii ) but we moreover enjoyed a considcrnble portion of /I/ carriage of the produce of the United States. The policy of this system, which has excited the admiration of friends and foes, and drawn forth the praises of the most opposite characters *, becomes every day more obvious, and the Sublic cannot fail to be alarmed at the great decrease of ritish built ships, from whatever cause it proceeds'. To trace the evil to its source was the object of " The So- ciety of Ship-Owners of Great Britain" when they peti- tioned the legislature in 1802, during Lord Sidmouth's ad- ministration, to institute an enquiry on the subject. Many of the writers of the present day, seem to forget, that this system was not intended, in the first instance, to promott trade, but to increase the naval strength of the kingdom; and afterwrrds as a secondary consideration, its provisions were directed to the former objectj in consequence of which both of them were happily attained, and continued in a pro- gressive state of improvement and increase, until the suspend- ing system was introduced : its ruinous effects soon began to be observed and felt *, and latterly the shipping of Great Britain have decreased more rapidly than they ever increased, whilst a proportionate depression has been felt in every branch of trade connected with shipping. In confirmation of these observations, and to preclude in future all doubt of their truth and accuracy, it is only neces- sary to recite the petition f from the merchants of London, •«hich was presented by Mr. Manning, on the 20th of February, 1807, to the House of Commons. ** To the Honourable the Commms of the United Kingdom^ of Great Britain and Ireland in Parliament assembled^ ** The petition of the undersigned merchants and other persons interested in the trade of Great Britain and its colonies, residing within the port of London, ' Sheweth, ** That your petitioners are most seriously apprehen- sive there is an intention to continue the duties imposed by the Acts of the 43d, 4f4:th, and 46 th, • Smith, Brougham, Hauterive, and Gentz. t See the Votes for first session of i8o?. ( Ixxxlii ) (( ybars of his present mnjesty, on the tonnage of British shipping, and on goods and merchandizes extorted and curried coastwise, after the expiration of the present war, nottuithstanding the solemn assut'- antes given to your petitioners that the same should cease with it; and which, if adopted, will be at- tended with the most ruinous consequences to the trading interests of the (^untry. Your petitioners beg leave, with the greatest hu- mility, to state to your honourable House, that the depressed state oi the trading and shipping interests of the country, r««/// principally from the suspension of the Navigation Act, and the indulgences granted to neutralsi both in the trade of the countries of the enemies of Great Britain, and in the trade of the King's dominions. " Your petitioners venture, with great deference and respect, to state, they are ready and desirous to prove the facts al lodged by them, in suppc/rt of their allegationf that the trading and shipping interests are labouring under great depression, not only from the heavy impositions to which they are sub- ject, but also from the relaxations before-mentioned; and that any measure which continues the duties oathe tonnage of British ships, and the war duties on exports, would at any time be productive of the most serious danger to British navigation and com- merce, but especially on the return of peace. ** Your petitioners therefore most humbly pray your honourable House, that the duties on exports and tonnage imposed by the acts before-mentioned, may cease with the present war: that an enquiry may be made into the actual state of the shipping and navigation of the country, and that in future the navigation and colonial system of Great Britain , may be adhered to, so as to enable the British ship- owners again to enter into competition with the* neutral carrier. And your petitioners will ever pray, &c. Charles Bosanquet William Lushington Henry Davidson John Mavor G 2 ' ' 7 Wl i;">.i : tf ,)-r (• ' .»'■ II ( Ixxxiv ) If' Eneas Darkley 'i'homas Spencer Thomas Wilson Thomas Plumer , John Plumer Robert Lang Thomas Latham Robert Pulsford Richard Miles Thomas Lumley Thomas Oliver Henry Gilbee Edward Vaux Jonathan Wilson John Leach Robert Ward James Frascr William Clark William Pulsford And Laurence Brickwood Joseph Miirryat Robert Shcddcn William Shedden R. \\. Marten Joseph 'i\)dhunter Edward Colson Robert Taylor G. A. Davis George Hibbert Robert Hibbert, junr William Hibbert J. P. Anderdon John Turing J. G. Frankling Charles Campbell James Bowden David Robertson Richard Redman Thomas Reilly *. Alex. Henry John Inglia I. L. Venner Thos. Hayman Jesse Curling, &c. 5cc. It may not be improper to observe, that this petition failed in its effect during the late administrationf ; and it was left * On this occasion a Himilar petition was presented by the ship- owners of London ; and amongst many others may be noticed tUt- following signatures to it : — viz. A. Duncan G. Laing Thos. King Robt. Milligan Joshua Reeve Alex. Anderson Jonathan Fryer R. B. Shedden Lt Bruce S* Minet There were likewise similar petitions from Hull, Bridlington, Scarborough, Whitby, North and South- Shields, and other out-ports. f In further illustration of the preceding observations, the follow' log extracts are selected from the printed reports of the debates in parliament, on lord Henry Petty's scheme of finance, against which this petition was presented. Extract firom lord Lauderdalis spesch in the British Press^ 24th April, 1807—-" The noble lord proceeded also to deny the charge, *' insinuating, that any system had been adupted by the late ministers *' of breaking through the navigation system; this, with other charges *' equaily fahet as to the late bill bi'ought in on behalf uf the Roman " CatholicSi had effected, it was true, a temporary clamour.*' Extract fi"om lord Holland'' s speech in the same newspaper. " The " noble lord proceeded to animadvert on the conduct of those who ( Ixxxv ) to the present ministers to fulf%l the assuranca which had been given in lord Sidmuutm's administration, that the war duties on exports and tonnage shonld cease with it ; an exception to that clTcct having been introduced into lord Hknky I'ETTv'spIan of finance by the present chancellor of the exchecjiier. The Shipping Interest have likewise been represented as tenaciously endeavouring to prevail on government to adhere to restrictions injurious to other classes of the communityi evidently meaning the West India planters } but before that assertion could be admitted to be true, it surely, was not unreasonable in them, or the loyal colonists in the King*s provinces in America, whose interests were so deeply impli- cated in the question, to rctiuire 7i fair and impartial investu gatiou of the subject ; it having been satisfactorily shown in the years 1784- and 1791, by the reports of the Board of Trade, that the mother country and its dependencies were competent, in time of war, to supply in British ships the West India colonies with the articles they consume } it was therefore assuming too much to suppose the reverse of that fact could be admitted to be true in 18Q6, without any inquiry or investigation. It is presumed sufHcient has been stated to establish the constitutional and political ground on which the Shipping Interest opposed the American Intercourse Bill; and the present state of the shipping of the Empire, unfortunately proves the fears entertained by the ship-owners, to have been too well founded i and^ — ** that they did not cry out, before they were hurt *," " assumed the title of * the Shif^pin^ Interest* and who would have " sacrificed the national policy to their ' ' % • ' h ■ 1' ■ ' . 'f i ' A* ■■ ■ • hi -!»;' I.I' ill ■■■?, '"ill ■*■• III ( Ixxxvi ) The fact is, the Shipping Interest were not sufRciently known until that discussion took place, or their importance to the state truly felt by the late ministers ; otherwise, it is probable, their representations would have had more weight: ^ince then, their influence appears to have been more gene- rally acknowledged * ; and it is to be expected in future that, what, from its political importance, constitutes the second leading interest of the empire, will receive that sup- port and protection from the legislature, which is so essen- tially necessary to its existence -, aiid to which it is entitled from being accessary and principally contributing to tho maintenance of the naval power of the kingdom. The capital embarked in 1804 in British shipping f, at the low valuation of 121. per ton, was 27,401,304' 1. sterling, and the persons who constitute the majority of the pro-, prietors of this immense property, are land owners as well as ship-owners, and are, otherwise, deeply interested in the genera! welfare of the country. It is observed by the same writer:}:, that ** in the general paths of trade, the American does not appear to interfere much with the British ship-owner. In the ports of our ene- mies,, the latter is of course excluded and deprived of no- thing by the former. The supply of our West-India islands with provisions and lumber appears the only essential point of collision. My limits will not permit me here to examine this question minutely, and I shall barely state my opinion^ that during vary proper and adequate supplies can only be furnished by the United States y and in their own vessels." Thus it is admitted, as it was by the late ministers §, that * See the addresses of many of the candidates to their constituents at the late general election, amongst whom were many of the members of the present oppositioriy who 'voluntarily pledged themselves to sup- port whatever measures were introduced in parliament, not only to maintain and gi've effect to the navigation and colonial system, but also to enforce the maritime rights of Great Britain- + See account of ships and vessels belonging to the British empire on the 30th Sept. 1805, being the account delivered for the antecedent year, but then corrected :— Ships and Vessels. Tons. Men. aa,osi 2,»83,44^ 157, 7i» It may be fairly asked, what other interest in the country, except the agricultural interest, is possessed of a visible tangible property, equal in amount to the Shipping interest. \ Mr. Bering's examination, 171. § See Introduction to Collection of Reports, 5cc. on Trade, &c. p. 14, edition 1807. ( Ixxxvii ) in time of peaciy the mother country, and its dependencies, are competent to supply properly and adequately, in British ships, the "West-India islands with provisions and lumber, which consequently so narrows the subject, as to render it a mere question of price. No satisfactory reason can be assign- ed why the supplies obtained, even from the United States, should not, in time of war, be carried in British ships to the West-India islanils. TJie intercourse in British bottoms is of vast importance to the state, for exclusive of the freight, which was estimated in ITS! at 24-5,0001. a year*, the en- couragement it would afford to British shipping and British seamen, is too obvious to require explanation. It has been said, that the price of provisions and lumber would be very much enhanced by the expence of insurance ; but surely a trade so beneficial to the nation ought not to be renounced because it may occasionally diminish the profits of a few in- dividuals f. The rate of insurance, for the circuitous voyage, is 7 guineas per cent, warranted with convoy , 30 that in fact, the insurance of provisions and lumber from New York to Jamaica with convoy, would not exceed at most 4-1. per cent., and as the insurance on American vessels for the same voyage is 2l. per cent., the extra-insurance between British ships with convoy, and American ships, v/ould not exceed 21. percent., that is only 28,0001. a year, the whole fl«- nual supply of provisions and lumber being estimated at J, 400,000 1.| An object so iiiconsiderable, compared to the injury and depression which is thrown on the mercantile shipping and other important interests of the mother coun- try, by the admission and employment of neutrals in the trade of the British West-India islands, it is really asto- nishing the latter are still allowed to participate in" it \ be- sidcsjit may be correctly stated, that the rate of freight in the direct t ade from the West-India islands to Great Britain, has, i- !ome instances, been enhanced by the new system, and r scarcity of tonnage occasionally experienced in the :D II > 'i' ff-:!.' .,,)£ * Report of the Board of* Frade, 1784- p. 31. See also Lord Gren- ville's speech (then Mr. VV. Greuville) on the 14th of March, 1787, on the temporary acts, wherein he said, " that It was a species of cotn- nieice highly useful to our navigation, as it employed 50,000 tons of "hipping and 4000 seamen annually.'' Debret's edition of Debates in Parliament. t Debates on American Intercourse Bill, 1806 j also L^rdShef' Hold's Strictures, p. jSq. X Mr. Baring's Examination, 59. .'■,i)S Itl': 1 n !'l lii^ %' i;i \§m lt;j il|lfVf ,. 9 1 'l«^ ' ' ■ ^ '■ t' ■ '( 1 ' %i< ( Ixxxviii ) islands in consequence of British ships being driven out cf the circuitous trade by the employment of Americans ; sq thaf there is reason to believe, if the subject was fairly and impartially investigated, it would appear, the planters would not be benefited by the present intercourse with the United States, if the trade with the British We^t India Islands was wholly confined to the articles which are now allowed by law to be imported and exported in American vessels. It should be recollected, it is not only the injury sustained by the loyal colonists in America and the Shipping Interest by this impolitic and unnecessary intercourse, which renders it so improper, but the depression it has likewise produced on the provision trade of Ireland. Previous to the ad- mission of neutrals into the British colonial trade, theie were established in the West-India islands English merchants, whofe chief business was to supply those settlements with provisions, lumber, and colonial stores ; knowing the average consumption of the islands, no inconvenience or scarcity was felt or experienced, as they kept up a constant and re- gular supply of all the articles required, and so continued until the new system was introduced ; when they found it impossible, with any rational prospect of profit, to carry on that branch of trade any longer, from the admission of sup- plies in American shippings which so frequently overstocked the market as to produce great loss, and ultimately, in some instances, ruin to many of the British merchants engaged in that trade, in consequence of which, most of these esta- blishments have been abandoned, but which there is no doubt would soon be revived, if the former system was again re- sorted to *. In answer to the allegation, that, in general, Ame- rican ships do not interfere much with British shipping, it may be remarked, it is difficult to find out a branch of tiade in which they do not, in some mea- sure, and successfully, compete with them. They possess, nearly ail the Mediterranean trade, and the great quantity of American tonnage which was lately em- ployed in the trade of this country, under licences, is too * Lord Sh( ffield's Strictures, p. 20?, and the Appendix to it, for the Addresses to the Assembly of Jamaica by the English merchants on this subject ; .ilso Alfred's Letters to Lord Holland in Yorke's Political Review, vol. i. and extraojficial State Papers, vol. ii. Appendix, No. 18 ; also Mr. Knox's ExHdence before the Board of Trade, March 1 7^ 4^ containing much important information on this subject. ( IxKxix ) well known to be doubted; with respect to their inter- course with the British West-India islands, it is only necey sary, in order to shew the evil tendency of admitting them into a participation of our colonial trade, both as it atFects British ship-owners and the British American colonists, to state, that from the 5th Sept. 1805, to the 5th Sept. KS06, the tonnage of British ships employed in the trade of Jamaica was only 1 1 7,4-33 tons, wliilst that of Atnerican ships was 77,133 tons, and it is probahh, that in nearly the same proportion, the trade of the other British West-India islands is carried on^. As these selections are from a work profesied to be written with candour, disinterestedness, and impartiality; and^ *• as the public has been led by the misrepresentations of those who have not carried their inquiries beyond their own supposed -^ interests*'— w/V A a view to correct — ** some very important mistakes as to facts, which at present prevail \ :" it is therefore not uncandid to ask what confidence can be expected to be reposed in such observations, when it is without hesitation asserted, that during war, proper and adequate supplies can only be furnished the British West-India islands from the IJnited States in jinieri<;an bottoms § ! Thus, contradicting without proof, the facts adduced in the two reports of the Board of Trade on that subject, and negativing the allega- tions contained in the several petitions before referred to ; which the petitioners stated they were so anxiously solicitous to substantiate and prove — " Qui statuit aliquid, parte inaudita.altera ** iEquum licet statiierit, hand aequus est." m \\.m ■>h^ It, however, affords some satisfaction to observe, that amidst these endeavours to mislead the public mind, and to depre- ciate the navigation and colonial system of Great Britain, its policy and wisdom, though reluctantly, are admitted. An impartial examination of this writer's statement of the imports and exports of the United States for the years i8o2, 1803, and 1804, so far as the same relate to their trade with Great Britain, will refute his observations >?• * See Statemei>t of Exports and Imports of Jamaica for this pe- rigd, in Yorke's Political Review, vol. ii. p. 318. t Mr. Baring's Examination p. 13- \ Ibid. § Ibid. p. 171. '1-r; I m :i!- ' f t 1 . 1 r ■ \ r ■ .1"- ^1 ^ !' ^ ;t f i \ IL? i • { xc ) on the subject, and show that the advantages which are represented to be derived by this country from the trade with America are greatly exaggerated. - |t is stated * that the average importations from Great Britain and her dependencies into the - United States for the years 1802, 3, and 4, £> were - - . 8,093,000 And the average exports from the United States to the dominions of Great Britain for the same period, ^ * • 5,200,000 Leaving a balance in favour of Great Britain of ;^. 2,893,000 •* Which must be paid to us by the continent of Europe from the proceeds of consignments made from America to Holland, France, Spain, Italy, &c.'* It is also observed f , " That the three years above mentioned, included one of extraordinary scorcity in this country, during which our importation of provisions was unusually large; so that upon the whole, it would be no exaggeration to say, that we should draw from the continent of Europe between four and five millions sterling annually in return for the ma- nufactures sent to America, and for which that couniry has no other means of payment." It is likewise alleged |, that the amount of the annual importation, on the average of the pre- ceding years into the United States from all £. /iflr/j of the world was - - 16,950,000 And the exports from America on an average of the same years amounted to - 15,400,000 Leaving a balance against America of ;f. 1,550,000 And that ** the balance which this statement would leave against America must arise from the mode of stating the accounts §. Probably it is in her favour, but not much, as her demand for European articles will naturally be regulated by her means of paying for them.'* The manner in yrhich this publication has been noticed * Mr- Baring's Examination, p. 138. J Ibid. p. ii9. § Ibid. p. 140. t Ibid, p. 143. H by a few of the leading members of opposition, and the re« spect which has been ^hown to the author of it, from his general knowledge of American commerce, is not surprising -, there being great reason to fear that on subjects of this na- ture, the public are too frequently seduced and led away hy specious reasoning, rather than undergo the fatigue or trouble of looking narrowly into or ascertaining the real state of facts : it therefore could not fail to excite, some de- gree of astonishment to find, it stated, that the exports from the United States to this country, on an average taken of the years 1802, 3, and 4, included one year of great scarcity ♦, during which the importation of provisions was unusually large } intending, it is presumed, to show, that the average of those years was considerably more than the ordinary im- ports from the United States to Great Britain, and its de- pendencies. It is however to be remarked, that this state- ment does not include the year of scarcity. The harvest in this country failed in 1800, and it was in 1801 that the large imports alluded to were made to Great Britain f . This average therefore does not include that year \ but what is of more importance to be noticed, it includes one of peaces and a subsequent year, when the belligerents had not given the subjects of the United States an opportunity to avail them- selves of their situation , in consequence of thQ recommence- ment of the war. By the same authority from which this writer has taken his statement, namely, Mr. Gala- tin's Report, it appears that the exports for the year 1801, prior to the ist ef October, from the United States to . Great Britain and her dependencies amounted to dollars /. 42,132,000, or - - 9>479»7o<* Which is nearly twice the amount of the ex- ports on the average of the three years be- fore mentioned, viz. 1802, 1803, 1804, or ;^. 5,200,000 Under these circumstances, it may not be improper to draw the attention of the public to a subject which appears to have entirely escaped the notice of this writer, namely, the amount of freight paid on the imports from the United States into Great Britain and her dependencies, and which * Mr. Baring's Examination, p. 143. f Ante p. 66. :i im ■^ ■'■f'A ■m ,1 -•. • ■ 1,1 i ( xcii ) ! *!(■ ^ I II F i c r! . m ! added to the amount of imports, the account between the two countries will then appear in a very different point of view. The average imports from the United States into the dominions of Great Britain for the j^. four years before stated, is - 6|2<^9)92? The freight on which, whether to the British Colonies or to Great Britain, is paid to the American Ship Owners (145,650 tons of ' American shipping came to Great Britain aione in 1801), and upon an accurate calcu- lation may be estimated at one-fourth va- lue, or £2^ per cent, of the first cost in Ame- rica, is 1,567,481 Which makes the whole value of the annual import into the British dominions from the United States, on the average before stated, ;^'7»837,4o6 The exports from Great Britain and her depen- dencies to the United States for the year 1 80 1, amounted to - - And the average of the exports to them for 1802, 1803, and 1804 wac •» Or making an average export from Great Bri- tain and her dependencies to the United States in four years of Whilst our imports amounted for the same pe- riod to - - _ Leaving a balance in favour of Great Britain of only _ . - 8,093,000 7»950jSoo 7,837,406 £• ii3»094 therefore, upon a fair average of the four years 1801, 2, 3, and 4, itifluditig the year of scarcity, the balance of trade between Great Britain and the United States appears only to be £.\ 13,094, in favour of this country, which, by this writer, is stated at ;^.2,893,ooo ! ! fM»d which is the only return or compensation for the loan of ;^. 8,000,000 of ca- pital, furnished annually by Great Btitain to enable the United States to carry on their trade with all parts of the world, (which is not stated at a larger sum, although this author and those who appear to think with him, represent it at ;^. 12,000,000} xciu ) Of t^vo-thlrds the value of their entire trade, agreeable to their mode of computation. There are other considerations which it is likewise neces- sary to take into the question of the value of the American trade to Great Britain. No allowance is made in this writer^s calculations for bad debts, though all the exports from Great Britain to the United States are made on long credits. By the recent examinations in the House of Commons, an average of eighteen months is taken as a fair period to expect returns ; it may therefore be estimated according to mercantile calculation, that on a gross sum of £. 8,000,000, not less than ;^.40o,ooo per annum is lost by bad debts. It is not be- lieved any English merchant would insure these debts for ^per cent, i and on the other hand, the imports from the United States are chiefly sold here for ready money. There is another and greater evil, in the extended credit given to the citizens of the United States, above all other countries with which the subjects of Great Britain have commercial deal- ings, as it enables them to hold out the cessation, if not, the actual confiscation of this capital upon any difference be- tween the governments of the two nations ; alarming the persons concerned in it} and furnishing them with arguments to assail the government of the country, whilst it strengthens the application of the American negotiators here. This evil has been frequently felt since 1786, and the late attempt to procure petitions among the manufacturers, and to raise a cry throughout the country in favour of American interests is another proof of it, whilst it affords a striking and me« morable instance of the patriotism and good sense of the people at large, who are not so easily to be deluded and influ ; euced as the advocates of America expected. That the balance of trade is a subject of much abuse and false theory *, is manifest by the statement of the author of this work, in the average he has formed of the years 1802, 3, and 4 'f for it is maintained that Great Britain derives no more than a mutual advantage from her trade with America when the whole T>f that trade is fairly calculated and consi- dered : the operation of the four years* average before stated clearly shows, that little or no balance remains in favour of Great Britain, and whenever the subsequent statements can be made up for the years 1805, 6, and 7, it is not too pre- U1I * " .f'i :1 '■"I I. «■' t .'' > 1 s:H • *•■ 1 ■^. 4 ■1 11 * Mr. Baring's ExaminatioD, p. I47< I/:: i f ■ ^:P i*l ,! XI. ]:, Si < i ( xciv ) sumingto predict, that thU position will be found to be strictif true. Indeed there is no reason to doubt the fact, that our imports htjt year from America have been equal to our ex- ports ; for the American ships ^hich have discharged their cargoes in this country exceed in number those in the year 1 80 1, their tonnage being 146,700 tons. Therefore unless it can be proved that this position is incorrect, and that the freight paid by Great Britain to the American ship-owners^ is not precisely the same as paying for the produce of the country from whence it if brought, and which consequently encreases the value of that import, it is certainly fair to con- tend, m order to maintain this important fact, that our ex- ports to America, by no proof as yet adduced, so far exceed our imports from that country, as to make it necessary to Great Britain, that the United States should have an ex^'ended conomerce to Europe to enable her to pay thebalance of trade that may be due to us. It may be said, that adding 2^ I. per cent.ot one- fourth part of the value of the produce of America exported to Great Britain or to her dependencies for freight is a mere speculative opinion; it is however not difficult to prove the contrary; for the article of lumber, whether carried to our colonies or brought to this country, pays more than the first cost for freight '■ Naval stores, tar, turpentine, pitch, and rosin in the same proportion. Flour, rice, and tobacco, about one- third; therefore allowing very liberally for cotton and other articles, the average will be full one-fourth part, and indeed it is^under rated at that sum. It is therefore not unreasonable to infer, this writer has never seen the official account of the' tonnage, on which the duties were collected in the United States, or he would not have affiscted so much ignorance of the statement of the whole imports into America an- nually exceeding the whole of the exports ;C.i>55o,ooo : without being able to account for it,' otherwise, ** than in the. mode' ^stating * the accounts ;'* he surely forgot there was any freight of American shipping to be considered^ which OHi examination forms a very large portion of the' wealtLof the United States. The United States are entirely their own carriers to aad' fnom all. parts of the worlds (with some very few exceptions) therefore in. all their imports from foreign countries they have to pay their ow/i Ship-Owtters, the freight * Mr. Bartnrgi's Examination, P' 140. i » a O • •4 *« a *>4 o s w .S ."* ■•J ra 4J k >iO <<. 'B r^ ■f S CB w TS S s rt 3 ^ 3 ■^ a. • X ^ WJ i< >% _o ^ V "s ^o i «H »^ y U) ^ * "** O w 22 .t:j i S CO 1 '■km* ^ u • !3 J e; SJ *•*-« *w^ g H o >i: »i i2 ;^ o o Oi *n « "cS H ^ «rf Vm • •s O •" « b C8 IT CO E > M a ^ CO o 30 .8 tf) u 5 o J2 ^ O N O" X 3 3 l> rn cs (o PO A -t Qb — •T r •> •> •« o — J) M 1^ -t" o -^ r» o .50 •\ •* A ^ — rl lO lO 00 O 'O '^J "1 •JD ?» "C «> "-i •\ •* •> •* N ^o -< cs «0 o S 3 Q o tf) i § 8 ^ n "o o o 8 O Q O 03 •T CO I- o IN f ^^ CO t o o o CO X) 00 8 3 CO CO CO s" 8 3 CO o 00 u 9 T3 O u 0^ (A I.. W C Q O o Q c <5 2 b O c o s o o •s •» -s •» •* «o O "O lo C CO r^ Ci 'o O 'O CD 0)'-0 CO •s «\ •% ^ C^ -^ CS ^ CO o 1^ o C^ p •o •N •« o »N 1^ CO T e< »-i o T CO o JO t ^ >o •o o CD 'sr •o _3L «o s "a u S » « 2 few ^ »*-i '^JH u« Vm 113 OOQOS O (U o ^ s: CO fO cr 00 o c o »o a. ry. o CO c o H K O H •< 1 !■ ii;: M ( xcv ) of the articles imported in addition to the cost: on the other hand, all their exports '* of foreign or domestic produce are carried to every part of the globe in their own ships, and consequently the freight paid to the AmericanSy being added to the first cost or export price of the articles at the time of shipment by the countries to which they carry them respectively, it will not be difficult to prove their car- rying trade alone, forms the balance of their trade, and which may be estimated at four millions sterling per annum, on the average of the four years taken in this calculation from Mr- Galatui's Official return, or upon 1,041,306 tons, which, in the following year, namely 1805, was increased to 11443,453 tons.f The intercourse between the United States and Europe for the last three years has become much more connected, owing to the almost entire cest:ation of the direct trade between the mother-countries in Europe and their respective colonies, and from this circumstance agents have been sent from all the commercial establishments in the principal sea-ports of Hol- land, France, and Spain, to the United States, who have extensive authorities granted to them to advance money on cargoes of colonial produce shipped to their respective esta- blishments in Europe, on consignments for sale, on account of the American proprietors. There is another source from whence has arisen very large consignments of American and colonial produce, and of East India goods in American bottoms to Europe, namely, in the trade from the United States to Vera Cruz. In this trade there are employed a great number of American ships who take in return, for their cargoes to Vera Cruz, specie to a very great extent. It is not necessary for the purpose of these observations to attempt to show, whether the specie so exported from Vera Cruz to , the United States is the property of ind> aduals, or of the Spanish or French governments, it is sufficient to state there. is every reason to believe that the same principally remains in the United States, and for which produce is chiefly shipped and consigned to Antwerp, and which, in a great measure, accounts < for the very great capital now employed by the citizens of the, United; States in their trade to the East Indies and China* * See opposite statement B, for a correct account of the exports of. the United States for the last five years. ~ t Appendix to Sir F. M. Eden on Maritime Rights. * V ' I I ' Vi ' m '<\ m ■'i ^•1 ■ 5 mi >]|ni 1 ■ H t.i ; * ' 'I ii ,' *, ■■< Mill I f !■ •r \ '■ l^:.'' , li'j '1 ■ ■ * in ■ < it; ( Xcvii ) taken in addition to the regular American consumption, b« considered an adequate compensation for the alarming de- cline of British shipping and the diminution of our ex- ports to our own colonies ; whilst it is clear the trade carried on formerly by British subjects from the free ports in the West Indies has much decreased, with a proportionate de- pression on other important interests of the country. 'I'his statement is not made with any personal or ofTensive view, but only to shew the public that the United States ought not to expect to carry on this sort of trade entirely to their own advantage, without making Great Britain a party, either by treaty, or by the adoption of such reciprocal regula- tions, as will conduce to that end. Had the rule of the war of 1756 been enforced, there would not have been such an enormous increase of American tonnage, and now a cry is raised in favour of that principle, because the late orders in council do not go far enough ! Had France possessed the same naval superiority as Great Britain, there is no doubt but the American carrying trade would have been long before this time greatly reduced and brought within its true and legitimate limi'is. It is therefore melancholy to confess, that Great Britain has supplied the United States with the capital by which they have been thus enriched. Our navy has been to them a shield against the insults of France and Spain ; yet endeavours are now made to induce this country to sub- mit to such regulations as the persons holding the power of the government of the United States shall dictate^ even as to the manner by which our naval power is to be supported and used. This it is trusted will never be submitted to. The right of search is to Greac Britain an invaluable security in time of war ; it has been maintained by every able statesman, and in- variably acted upon in the brightest periods of the history of Great Britain ; and to take our seamen wherever we find them in the employment of neutrals, must be considered as essen- tially requisite to the maintenance of our naval power*. Con- cede these important points, and this country will not only find the American tonnage still continue to increase, but in a very short period British shipping more rapidly decline than hitherto and perhaps in a very few years^ totally annihilated. * See Sir F. M. Eden on Maritime Right*. H ( . 4 t" 1I H .1 A * ' I • "• 1 *\ 4 t ■ -/ M. i- I m ,, 111 Ml n ! I lit' ill !! ■ ( xcviii ) It therefore behoves every man who values his country to erclaim against any measure that will produce such further relaxations of the former system. The evidence recently adduced in opposition to the late energetic measures of go- vernment, proves the truth of these observations, and a reici'- ence to the examination • of Mr.Rathbone of Liverpool on the orders in council bill will show how ruinous the new system has been to the British shipping interest. It is to Great Britain that America owes her present prosperity, and from no other country will she ever receive the same advantages, for, as it has been before stated, we furnish her with a capital and pro- tect her with our navy. The object of these remarks is to prove, that the balance of trade between Great Britain and the United States is very little in favour of the former, and that the trade of America with the continent of Europe is not advantageous to this country : indeed it may with propriety be said, and which experience proves, that since the United Statics began to extend their shipping and commerce, and especially during the last six years, they have paid this country worse for the manufac- tures and other articles we have exported there ; and for the truth of this assertion an appeal may confidently be made to the persons concerned in this trade. It must be obvious to every person conversant in commerce, that America carries on half her trade with British capital, and which she does on spe- culative voyages, .he time and r>curns whereof being uncer- tain, the creditors in Great »itain must remain unpaid for a very considerable period beyond the usual credit; and there- fore all the advantages arising from that trade are with America §n/y, in as much as the enormous increase of her shipping tends to swallow up the British capital, and enables them to derive those profits from it, which the regular return of that capital, in her legitimate trade as formerly carried on, gave to th*» exporters from Great Britain. Previous to dismissing this part of the subject, it may be useful to notice the reproach which has been thrown, even by an advocate of America f on the British government, for some of the indulgences which have been so improvidently I * See printed Minutes of Evidence, p. 78. t Medford's Oil without Vinegar, p. 53. (C ji: ( xdx ) franted to the subjects of the United States of to individuals connected with them. It is obserred, *< why Great Britain should be so particular in wishing to restrict the AmericanWest India trade appears more unaccountable, as there is no voyage, however contrary to that principle, that by payine the fees of the office in London for a licence, may not be obtained.'* Instances^ are then given of some of the voyages alluded to, which are followed with pointed remarks on the nature of this traffic ; from which, it is evident, Great Britain has most unaccountably accelerated and contributed towards the means of enabling the French government to carry on the war with increased vigour andeflect. It is insinuated by this writer f, that die Spanish govenmient being unable to perform the stipulations of the treaty of Sti Ildefbnso, and to pay the money-subsidy therein aereed to be advanced by Spain to France, that the former had authorised the latter lo receive the same at Vera Cruz, from the Spanish treasury there, and that Monsieur Talleyrand had by his agents, obtained per- mission to bring the same from Vera Cruz to Europe under the protection of the British flag. To prevent such fatal indulgences in futore, it is presumed, it is only necessary to mention this most singular transaction ; for although it ifr believed to be ** sound policy in the British so- vemment to grant licences for neutral ships to take British manufactured goods out toi the Spanish colonies, and to bring back specie and produce in return ; but that licences should be granted to persons to bring specie home, who send no goods out*, that specie too, part of the subsidy due from Spain to France, and that his Majesty's ships of war should be em- ployed, thus to protect the property of the enemy, instead of being employed to capture it, appears to us inexplicable j:." To particularize the other observations contained in this examination of the conduct of Great Britain, which are equally to be disregarded with those before selected, would be an unpleasant and irksome task : the following remark is quoted merely to shew the author's further claim to impartir ality and candour, having expressed it as his opinion, that, in ** such a crisis, to suppose in any writer, the bias of interest. ' + I 'i} ' 10 i ^fel Medford's Oil without Vinegar, p. 54. f X Antijacobin Review, vol. »8. p. 1^38. H. 2 Ibid. p. 55 I -A i.\ ! •■( H'rJ m *:, w ( ; '^ its confined meaning, in any opinion he may publish, must ^so suppose the absence of common sense *.'* - ^ ^ - .«'. ros L'on ne vaut dans ce monde que cc que I'dnt veut valolr.— *{|^ It is also observed, ** zjew years musl determine the fate of '* this country, and it can hardly be supposed that merchants, " naturally more interested in preserving than in acquiring, *' should be occupied with collecting a few paltry profits from " their trade, at the expence of their dearest interest. It ** would be the folly of a man expecting to get rich by the ** plunder of his own wreck." Improbable as this supposi- tion may appear, how often does it happen, that when the vessel is in extreme distress, the infatuated crew, instead of uniting in exertion for their general preservation, become insubordinate and regardless of each other's safety, commit excesses, and whilst intoxicated meet their fate, and ■ ^ ** Give themselves o'er contentedly to drown f. Such, it is to be lamented, has often been the conduct ©f misguided individuals, who, rather than forego the gra- tification of their ambition or the furtherance of theii' own views, have impeded the measures of protection and defence adopted by the state, and suffered the transient -feelings of the moment to outweigh more important con- siderations ; regardless of the permanent interests of their uountry, and the love they ought to have felt for the general welfare. ** Our wisdom must be such, as doth not propose •* to itself our own particular, the partial and immoderate de- ** sire whereof poisoneth wheresoever it taketh place ; but ** the scope and mark, which we are to aim at, is the public •* and common good}." In the passage §, particularly referred to, it is stated, ** a candid consideration of the history of this trade, can leave no doubt on what side the encroachments so much talked ©f began ; instead of imputing the complaints of the Ame- ricans to their desire of availing themselves of our dangers for the ungenerous purpose of advancing extravagant prer tensions ; we should rather accuse ourselves of taking advantage of the unprotected state of ker commerce to * Mr. Baring's Introduction, p. 4. t Bank's Island Queensv X Hooker. § Mr. Baring's Examination, p. 97. I ^ i 1 ta ]mA \.r) - > ( ci ) harass It by a systematic course of the most arbitrary incoft' sistencyH" Again, the respect which is shewn to other classes of the community, is not greater than that borne to the Shipping Interest, and the expressions applied to the exertions of the West -India merchants*, to relieve the depressed state of the planters, as well as to other great commercial bodiesf* evince such an antipathy to every thing not immedi- ately connected with American interest, that it must pro- duce on the public mind the correct conclusion, that every sacrifice, consistent with national honor, has been made by Great Britain to America, and convince them more strongly of the baneful effect of ** the system of concessions^ which has been so justly and universally reprobated by every true Eng- lishman; whilst the greatest caution and delicacy is ob- served towards the United States, and not to wound the feelings of the great body of merchants in America^ who, honest souls 1 so little ** deserve the unjust insinuations in which writers on this subject have so illiberally indulged if." The importance of this subject will, it is trusted, excuse the length of this digression, which may, with some pro- priety, be concluded in the words of this writer, that, " it is to be hoped no minister ^nll be withheld, by political cowardice, from administering equitably and impartially, between the different commercial interests of the country ; and that where the encouragement of our shipping requires restriction and monopolies, •which I by no means deny^ that their efficacy and utility will be thoroughly investigated§." The other British settlements near to the King's colonies in North- America, are Cape Breton, Prince Edward's Island, and Newfoundland. Cape Breton is separated from Nova Scotia by a narrow strait, called the Gut of Canso, which is the communication between the Atlantic and the Gulf of St. Lawrence; it was ceded to Great Britain in 1763, and erected in 1784 into a separate government : there is a great proportion of arable land in this island, which abound? in timber and hard wood, such as pine, beech, birch, maple, spruce, and fir. The island may be donsidered as the key to Canada, and the Cipe Brel'jn. ■■'ft it v. I ■■'f ■i\r :ce to * Mr. Baring's Examination, p. lai. t Ibid. p. 56. t Ibid. p. i63. §Ibid. 171. ■I iiiii': ( cii ) very valuable fisheries in its neighbourhood depend for their protection on the possession of it ; as no nation can carry them on without some convenient harbour of strength to supply and protect them, and Louisburgh is the principal one for those purposes. Great advantages are now derived from the coal mines in this island, which are situated near the entrance of the harbour, the works of whicb» and the fisheries constitute the chief employment of the inhabitants, but without trading at present directly to the British West India islands both Cape Breton and Prince Edward's Island serve to encrease the ex- ports of Nova Scotia j they likewise supply Newfoundland with cattle, and with proper encouragement, would rival some of the more opulent colonies in articles of agriculture. Prince Prince Edward's Island is situated in the gulph of St. lidward's Lawrence near the northern coast of Nova Scotia, and was island, formerly called St. John's, but which was changed in 1799 in compliment to his Royal Highness the Duke of Kent. This island abounds with timber of various kinds, beech, birth, particularly the black birch, {betula nigra.) It is the largest of the deciduous trees, and is common throughout the island j it is much used in the northern States of America, for ship -building ; it is nearly of the colour of light maho- gany, and takes a? good a polish. — A few cargoes of this kind of timber have recently been exported from the island to Li- verpool and other ports in the North of England, and also to Scotland and Ireland where it is much approved; several attempts have lately been made to introduce it into the Lon- don market, but the timber merchants appear to be against it, and they have too much the command of the trade to render it practicable to introduce a new article without their concurrence, unless it is encouraged by bounties, or other- wise promoted by government. — This wood is admirably adapted for stocking fire amis, and is neai:ly, if not quite equal to walnut-treci (which is used for that purpose) and can be supplied at one third the usual cost of that article*. The other kinds of timber are, alder, maple of different species, namely, the white, red, and the rock or curled maple, {acer saccliarinum). Tlie latter is highly beautiful, is close grained, and susceptible of high polish ; that which is called ■* See An Account of Prince Fdward's Island, by John Stewart, 9sq also Lord Selkirk on Emigration. i I i "^\ \ ill 'ii°' m *ii: '"'" <( ( clii ) the birtVs eye maple, is a variety of this tree, but its chief value at present arises from the great quantity of sugar an- nually manufactured from its sap \ the greatest part of the in- habitants of the island, supplying themselves with all the sugar they consume in this manner, whilst many of theiri have frequently a great deal to dispose of. Elm, red-oak, (which is to be found in considerable quan- tities), poplar, swamp-willow, two kinds of ash, several species of the pine, larch, fir and spruce, with several kinds of fruit and flowering shrubs abound in the island. The fisheries of this island and of Cape Breton may be greatly extended \ they consist of the same variety of fish as are found on the coasts of the King's provinces. Cod fish is perhaps no where in greater plenty than on the coast of Prince Edward's Island, the principal fishing ground in the gulph of St. Lawrence, being in sight of its shores, but unfortunately the subjects of the United States reap at present the greatest advantage of the cod-fishery there. — Besides the seals which constantly frequent the waters of this island, there is a larger Ifind brought on the coast annually by the floating ice ; they are oiten taken in great numbers, are very productive, and the oil is usually carried to Halifax or C^uebec, where it is sold from 23/. to 32/. per ton*. Sea-cows about thirty years ago were found in great num- bers on the northern coast of this island, but they have be- come scarce, particularly since the American war, ** when so ** many American fishermen poured into the gulph and at- " tacked them in the summer, about the Magdalen IslandSy ** that in two or three years the species were nearly destroyed, " few having been seen for several years after; however the ** kind still exists, and they are known to be increasing " fast, and if the killing them was under proper regulations " they might again become so numerous as to be an object of " great consequence, but this never can be the case, while ** the New England fishermen are allowed to come into the " gulph and destroy themf ." The grants to individuals of the Magdalen and other islands, are considered to be particularly disadvantageous and injurious to the British fishermen.— It is, however, to be ex- pected that in all future grants, reservations will be contain- .< -in •' ^;fi ; m t ^\ * Stewart's Account. t Ibid. Iff . V lili'l''': ^ ( civ ) cd of liberty tc His Majesty's subjects in general, to carry on a free fishery on all the coasts of these islandsi and of erecting stages and other necessary buildings for that purpose, and that hereafter the American fishermen will not be al- lowed to enjoy the facilities and advantages, they have deriv- ed from being permitted to use, and erect stages and other buildings thereon. The fisheries of this island, which had been gradually reviving since 1784, promised to become again considerable, and to afford the means of recommencing a trade from thence with the British West India Islands, by which its inhabitants were supplied with colonial produce on moderate terms*. Several cargoes of fish were likewise annually shipped for the European- market, for which British manufactures, salt, and wine were taken in return ; besides the cod-fishery, the her- ring was began and promised well, and the inhabitants of Prince Edward's Island had obtained a considerable share in the great salmon fisheries carried on in their neighbourhood on the continent : on the whole there was every appear- ance of extensive and valuable fisheries being established, when soon nfter the commencement of the late war, the navi- gation and colonial system was suspended, by which neutrals were admitted to participate in the trade to the British West India Islands. — Since then, these fisheries have been nearly given up from want of encouragement, and the articles of export from the island at present, consist of wheat, barley, oats, salt pork, butter, furs, seal-oil, and oysters, to Nova Sco- tia, with live cattle and some timber to Newfoundland, and oc- casionally a fewcargoes of square timber to Great Britain. Flax and hemp thrive well in this island, and every farmer raises a small quantity yearly, which is applied to domestic usesf . A few individuals are engaged in building ships, which are generally sold in Newfoundland ; this business will probably be carried on to a great extent, whenever the Newfoundland fisheries revive, as the great plenty of timber, in this island, and the reasonable rate at which the necessaries of life are obtained, will enable the inhabitants to build at a much cheaper rate than in Newfoundland. Since 1 792, the iniporiation of allJcinds of provisions into this island lias ceased, whilst the export of them has gradually increased. Stewart's Account. t Ibid. ( cv ) The Newfoundland fishery is of longer standing than those pursued by the inhabitants of the continent of America, and was so considered* before the conclusion of the war, which separated the United States from Great Britain. It is not confined to any particular exclusive company, but is an open general British cod-fishery, consisting of many lodges, or commodious harbours. It was discovered by the Cabots in 1507, and taken possession of for the crown of England, which they named Tarra de Buccaleos, but did not settl-e any fishery there. This island abounds with timber proper for shipping and other purposes, but its chief value is the great fishery carried on upon those shoals, which are called the Banks of Newfoundland, which formerly supplied in a great measure Europe and the West Indies with dried cod- fish, but in consequence of the subjects of the United States being allowed the same privileges in fishing on these banks and in the gulph of St. Lawrence, as before they became a distinct and independant state, and from the injurious conse- quences resulting from the impress of the British seamen employed in it, and the suspension of the colonial system in favour of neutrals, a considerable depression hasbeen produced on the British interest, and this fishery in common with the others in those seas have very much declined; they are, however, still capable of great extension, and claim at this time the peculiar attention and consideration of the legisla- ture of Great Britain. On this subject endeavours are likewise made to mislead ; it having been represented, that the interference of the subjects of the United States in the Newfoundland fishery is not injurious, but highly beneficial to Great Britain4 At this time, it may be admitted, there is no other mode or supplying the greatest part of the continent with fish tl.«an in the vessels of the United States ; but it is a recent tem- porary inconvenience, resulting from the present state of Europe ; for, imder no other circumstances can their inter- ference in the Newfoundland trade be warranted. That the complaints which were previously made were well founded, especially in respect to the intercourse with the British found* land., m ■ M ; \ ■ t ■■% * Dr. Douglas' Summary, 1 vol. p. 287, — ^also Reeves's History of the Government of Newfoundland. t Mr. Baring's Examination, p. 173. 1 HI Hi .ll ■ > ! Ipiilf -i i ( cvi ) West Indies *, there being no occasion whatever to permit fish to be importtd there in American bottoms, is evident, from the present Administration having, by an order of council of the Ist of July last, prohibited the importation of fish in yJnwrican vessels into the West India islands. The deviation from the navigation and colonial system is attempted to be justified by the circumstance of the Ameri- cans carrying, in this instance, /iJ^A caught by British sub- jects, to market; it is stated, " nothing can undoubtedly be more repugnant to the old sj/stevi of laws under which we have flourished, but at the same time, nothing can more * It appears that as yet no regular system of convoys from the British colonies in America to the West India islands has been established, though it has been acted upon by Admiral. Berkeley, during the last season; the convoy sailinp; monthly, alternately to the windward Islands and to Jamaica : m '^onsequence of which, the m68t beneficial effects have resulted, and the supplies of fish have been greater, more regular, and at lower rates, than for many years past. This experience, it is hoped, will induce government per- manently to establish this system in time of war, as it will facilitate and encourage the intercourse between the British dependencies ; but assurances should be given to the colonists, that the same will not be relinquished. The accounts presented to the House of Lords, February, 1808, shew the extent of the supplies now furnished from the British Ameri- can colonies ; and when it is considered, that a very great proportion of the supply oijish and lumber^ stated to be furnished by the Uniud States^ is actually the produce of, and cured and prepared in the Britith continental colonies, and admitted to be so by the American paity here, it surely ought to convince the most bigoted enthusiast of their cause, of the capability and extent of the resources of the King's provinces. Exported to the British West Indies iVom the British American Colonies, in the following years: Dry Fish Pickled Fish • • • Oak and Pine "> Board and > Timber ) Shingles Staves ........ 1804. Barrels. 147 Quintals. 91,609 Barrels. Feet. 8i4»7a7 No. aia,250 i>oia>575 1805. Barrels. 50X Quint ah. 99>53» Barrets. a3»63j Feet. 1,200,324 No. 491,300 a35>»6!y x8o6. Barrels. 12 Quintals, II3»937 Barrels' 36.741 Feet. 811,315 No. *'>i,225 3*7,336 ■ ^•^,-, ican ( €vii ) clearly shew how inapplicable old hws frequently are to Vftv times*,** It, surely, ought not to be matter of triumph to a British subjact, to observe the depression under which one of the most important branches of the trade of Great Britain now labours, principally from the impolicy of continuing the new system, which has encouraged and promoted to so alarming and enormous an extent the carrying trade of America^ that the British traders are no longer able to compete with them, but are obliged to employ the vessels of the United States to take their fish and other articles f to market ! Under such circumstances, is it patriotic | so pointedly to denote the prosperity of America — the increase of her trade- Davenant on Trade. APPENDIX. m ■ ;tf ifli |{#4'' S J rr ' « ' 'h\ APPENDIX, No. I. (A.) REPORT OF THE CASE of tlie Sloop Falmouth, decided in the Vice-* Admiralty Court of New-Brunswick, involving the Claim of the United States to the Islands in Fassamaquoddy ]Bay, &c. &c. NEW-BRUNSWICK. Court of Vice- Admiralty. ] October, 1805, The Advocate-General*, upon the'\ relation of George Leonard, Esq. Qui tam, t^c. Libellant »>f the Sloop Falmouth and Cargo, agaimt Ebenezzr Lock, Claimant thereof, J Opening Argument on the part of the Prosecutor. THE Libel in this cause states that Mr. Leonard, Su- - .. , perintendant of Trade and Fisheries in North America, and ^ ' a preventive Officer in the service of His Majesty*s Customs in New-Brunswick, on the 24th October, 1805, did seize and take at Snug Cove, in the island of Campo-Bello, in the County of Charlotte, in the Province of New-Brunswick, the Sloop Falmouth, of the burden of ninety-three Tons, under the command of Ebenezer Lock, with her cargo then on board, consisting of Plaister of Paris, and alledges as a cause fii forfeiture, that the said Plaister of Paris after the 25th March, 1698, to wit, on the 22d October, 1805, was laden and put on board the said Sloop in Snug Cove aforesaid, the said Sloop being a foreign-built vessel, and not owned by any of His Majesty's subjects, nor navigated with a Master and Mariners, or any or either of them, a subject or subjects of l^is Majesty, but wholly owned and navigated by foreigners * Ward Chipman, Ei"q. yW I $2, it ih 1 i ( 1,3 i,*.'' II m ,, ( 2 ) and aliens, contrary to the provisions of the Statutes in that case made and provided. 7 & 8W. By the Stat, of William 3d, commonly called the Register ^•g'^^- Act, it is enacted, that " after the 25th March, 1698, no " goods or merchandises whatsoever shall be imported into * or exported out of any Colony or Plantation to His Ma- jesty in Asia, Africa, or America belonging, or in his pos- session, or which may hereafter belong unto or be in posses- ** sion of His Majesty, his heirs or successors^ or s.':a/i be laden •* in or carried from any one port or place in the said Colonies ** or Plantations, to any other port or place in the same, the ** Kingdom of England, Dominion of Wales, or Town of •* Berwick upon Tweed, in any ship or bottom, but what is ** or sh^ll be of the biiilt of England, Or of the built of Ire- ** land, or of the said Colonies and Plantations, and wholly ** owned by the people therec^, or any of them, and naviT " gated by the masters and three-fourths of the Mariners of ** the said places only, under pain of forfeiture of ship and *• goods.'* This a;:t was made in confirmation and in furtherance and explanation of the provisions of the Nai'/gn/icn Acty emi- nently fo called, the Statute 12 Car. 2. c. 18, the great palla* dium of the maritiftie strength and resources of the Em- pire of Great Britain, as may be seen by a reference to the 3 St and 1 ItL Sections of the Statute last mentioned, and to the 13th and I4th Car. 2. e. 11. § 6. Claim. A Claim is interposed by Ebenezer Lock, of Falmouth, in the state of Massachusetts, late Master of the said Sloop Falmouth, in behalf df hiwiself and others, interested in the Sloop and her Cargo. The Claimant protesting that Mr. lieonard, the rekrtofi Si^d no right as S^perintendant of Trade and Fisheries to tnake any seizure f
cotia) he p was an- lolly •within wise — aditig with U'eanif and and taken r the con- customs at ^uoddy, as / of either Zzrgo may hzrges. on is filed :h puts the des, which vould have r, to have nd answer, nant in his is humbly must work er cargo, f the cause Claim, I e- considera*^ he order ia ( * ) I. The Claimant insists that by the Treaty of Peace be- Defenfe. tween His Majesty and the United States of America, con- cluded in 1783, the waters on which the Sloop was anchored and seized and taken, as stated in the Claim, are wholly within and belong to the United States, for the following reasons — 1. Because the Eastern boundary of the United States is a line to be drawn along the middle of the river St. Croix, from its mouth in the Bay of Fundy tp its source, &c. 2. Because the principal channel from the Bay of Fundy into the river St. Croix is to the Eastward of the said Island of Campo-Bello, and between Deer-Island and Moose-island, lying to the Northward thereof. 3. Because all Islands within 20 leagues of any part of the shores of the United States, and lying between parallel due East lines to be drawn from the mouth of the river St. Croijf and the mouth of St. Mary's river, are comprehended wirhin the limits and boundaries of the said United States, except such Islands as at the time of or before the Peace of 1783 were within the limits of the Province of Nova-Scotia. II. The second ground of defence is, that if the waters in question are not wholly within and do not wholly belong to the United States, they are the wafers of the River forming the boundary between His Majesty s dominions and the said Uni' ted States^ and as such neutral and in common for the vessels of both nations. III. That the anchoring, lying, and loading with Plaister of Paris from onboard British vessels at the place where the »SIoop'?was seized, has been for a long time sanctioned by the concurrent assent of the Officers of His Majesty's Cus- - toms at this Port of St. Jolm, and at the Port of Passama- quoddy, as a practice not prohibited by any of the existing laws of either of the two Couatries. IV. That the Claimant obtained a foreign clearance from the American Custom-House, to enable him to go with his ^loop^ and anchor ojf Snug Covej without the Points or Head- lands forming the Cove, there to take in a cargo of Plaister of Parisyrcw British vessels. In answer to the first ground of this defence, I shall en- Reply, deavour to show to the Court, 1. That all the Islands in Passamaquoddy Bay, includ- ing Moose-Island, Dudley-Island, and Frederick-Island, do, of right, by the Treaty of Peace of 1783, belong to His Majesty. 2. That all the w.iters sprrounding those Islands belong also to Great Britain. V, > f 1 ^i^"'H^-- -<*;'..ii- j1i-'?! Si' ': ( 8 ) 3. That consequently a right of water-way, p?.ssage, or navigation only, can be claimed by the United States, from the main channel of the Bay of Fiindy, to that moiety of the St. Croix, the boundary river, which is nearest to the American territory. I shall then consider the three remaining grounds of the defence set up in the Claim. 1. I shall first endeavour to shew that all the Islands in Passamaquoddy Uay, including Moose-Island and Dudley- Island, do, of right, by the Treaty of 1783, belong to His Majesty. To this end it Avill be proper to refer to that part of the 2d article of the Treaty which respects the point in question, after describinjj the termination of the interior bounilary of the United States fo be the Middle of St. Marf s river, where it touches the Atlantic Ocean — the words are these — *' East ** by a line to be drawn along the middle of the river St. ** Croix,yrow its mouth in the Bay of Fiindy to its source, &c. ** — comprehending all the Islands within twenty leagues of ** ar'^ part of the shores of the United States, and lying be- " tvveen lines to be drawn due East from the points where ** the aforesaid boundaries between Nova-Scotia on the one *' part, and East Florida on the other part, shall respectively ** touch the Bay of Fundy and the Atlantic Ocean, excepting " such Islands as now are or heretofore have been within ** the limits of the said Province of Nova-Scotia." No doubts have ever arisen what Islands were reserved to His Majesty by the 2d article of the Treaty of Peace ; it was obviously and cleverly intended by this article — that no part of the Province of Nova-Scotia should be thereby ceded by His Majesty to the United States, and in conformity to this evident intention, all the Islands that then were or thereto- fore had been within the limits of that Province, are express- ly reserved to His Majesty. Some doubts however hadarisen, what river was trulyintend- ed under the name of the river St. Croix mentioned in the Treaty and forming a part of the western boundary of thepro- vince of Nova-Scotia i and this question was referred under the fifth article oftheTreaty* of Amity, Commerce and Navigation, between His Majesty and the United States, to the final de- ri^ioT of Commissioners, who were by a declaration under their hands and seals, to decide what River was the river St. Croix, intended by the Treaty of Peace, and in their declara- • Appendix, No. 2. tior latii botj as i\ aft< or II!. ': ■'!!'[ &c. ( ' ) tlon to give a description of the River, find particularize the latitude and longitude of its mouth and of its source^ and both Parties to the Treaty aprecd to consider such decision as final and conclusive, so as that the same should never there- after be called into question, or made the subject of dispute or diiTerencc between them. To determine tlien what Islands at the time of the Treaty were or theretofore had been within the Province of Nova- i5cotia, we must in tlie first pluce refer to the original Grant of that Province to Sir William Alkxandlr, in the year 1G21. It is well known that the decision of the Commission^ ers under the 5th article of the Treaty of Amity, Commerce and Navigation above mentioned, with regard to the identity of the river St. Croix, was dictated and governed by the boundariL's, of the Province of Nova-Scotia as originally det scribed in Sir William Alexander's Patent, and that the river St. Croix, mentioned in that Grant as part of the Western boundaries of that Province, was the River decided to be the river St. Croix truly intended by the Treaty of Peace ; by recurring to that Grant we find the Islands originally forming a part of the Province of Nova-Scotia, as far as respects the present question, to be thus described : — ** inducUns et comprehendetis intra predict as maris eras liitorales ** ac earum circumferttit'ias a mari ad mare cmnes terras conti' ** nentes cumjlum'tnihustorreniibus sinlhus^ litior'tbus^ Insulis ant ** maribus jaceuubus prope aut inf-"' sex leucas ad aliquam eat'' ** wndcm partem ex occide/ita/iy l ..li aut onental't partibus ora- <( •iiin Uttoralium et pracinctuum earumdem.^^ And in confor- mity to this original Grant oi the Province of Nova-Scotia, we find at the time of the Treaty of Peace, the same river St. Croix to be a part of its Western boundary, and the Islands forming a part of it at that time also (as described in the Com- missions to the Governors of that Province) to be alt Islands iv!l/:in six leagues of any part of the Coast. It is well known that Moose-Island and Dudley- Island, the latter under the name of St. Croix Island, were granted to Francis Bernard, and others, by letters patent, under the Great Seal of the Province of Nova-Scotia, bearing date the SOth October, 1765 — that they remained under the actual ju- risdiction of the Province of Nova-Scotia, uiitil the 'iVeaty of Peace, and af.erwards under ihe actual jurisdiction of thisi Province, for some time after its erection. The State of Massnchusetts has, from the time of the Treaty in 178:3, been constantlij endeavouring to mcrjach %\ i w VM M It- '•. j •■'' l\ K 1 )<• t ■ V ■ ? i ; HI i ij 'ipi ^"^ til' li ?rii ii ( « ) jiron /lis Majcstys Tcrritorij in thai qimrfer j in the year 1784- Governor PIancock, of that Si ale, remonstrated to Governor PaRR, of the Province of Nova-Scotia, against the settlements maJe at St. Andrews, chiimin;^ all the lands lying westward of the river Mapjaguadavic, as beinga part of the State of Massachiuett f 'This claim was referred to the then Secre- tary of State, I.oi J Syonl.y, who in his answer to Governor Parr, dated Sth March, 1785, among other things says — ** His Majesty feels hiui.solf called upon to refuses compH- ** ance with the requisition which has been made for the re- " moval of His Subjects now in possession of I. mds on the •* Western side of the river Magagnadavic, called the liit^le ** St. Croix, and between that River and the Great St. Croix '* or Scoodiac, which latter must be considered as the line ** of separation, and His Majesty is determined to protect ** His faithfid and loyal Subjects, in the peaceable possession " of those Lands." This decision on the part of His Majesty's Govern- ment, and the consequent possession maintained by His Subjects, put a stop to all further complaint with regard to these settlements \ and there can be no doubt, if the same conduct had been pursued with regard to the Islands, that Moose-Island, Djidley-Island, and Frederick-Island, would with the other Islands in Passamaquoddy-Bay, have at this day been in the quiet and peaceable possession of His Ma-f jesty's Subjects, and the present cause would never have had an existence. In the month of November, 1784, New-Brunswick was erected into a separate Province. In the year 178.5, this Province was divided into Counties, and the County of Charlotte was bounded and de- scribed as follows, viz. " bounded on the South by the Bay *' of Fundy ; on the West by the river Scoodiac or Saint ** Croix, and the Western shore of the Bay of Passamaquoddyy ** including the Island of Grand Manan ; on the East by a " due North line from Point Le Proe, in said Bay of " P'undy, running into the Country ; and on the North by " a due West line, commencing in the said North line thirty " miles distant from Point Le Prce aforesaid." (."ourts of Sessions and Inferior Courts of Common Pleas were thereupon in the same year established in this County, and the Sheriff of the County regularly summoned the Inhabitants of Moose-Island, to serve as Jurymen in those Courts, who attended accordingly. CM (| «| (J (i ^: \M I •' f I.;- n ■1:1 " i 1 i:i|#>|j r; ! ' lit'! I ■ i -, 111!;' ii ( K> ) mt.i also armed, in order to collect from the Inhabit.inU a Poll 'lax assessed by the Court at M.ichi.is, in the said Cotinty of Washington. The Inhabitants resisted the pay- jricnt of the Tax, alleging that they were summoned tt> discharge tiic duties of liritish subjects on one side, and claimeci at the same time as Amciicm subjects on the other, ^nd refusing to pay any Tax till it should be settled to which Country they belonged. Mr. Cooper upon thisbegan to tempo- rize, and persuade them that if they would pay the Tax they vould be acknowledged as American subjects, and that the General Court of Niussachuseits would in that case be justi- fied in granting them their Lands : And he further pledged himself to them, that if they would pay the Tax so that he could make a regular return thereof to the Court, he would not again enter upon the Island as Sheriff, until he had pro- cured for them a grant of their Lands from the General Court of Massachusetts. The Inhabitants, not having at that time any grants of their Lands under the British Govern- ment, yielded to these terms, and some of them paid the Tax, some refused, and some left the Island. — These were facts of public notoriety at the time, and of which abundant testimony may be at any time produced. Grants of Land were made to those who submitted ancj took the Oath of Allegiance to the States, and the authority of the British Government was never afterwards actually enforced upon either of the Islands in question : Anotl.er circumstance tended to confirm the Americans in the posses- sion of these Islands, which was, that some seizures made by Mr. Leonard, the Prosecutor in this cause, of American ves- sels foimd trading at Dudley-Island, contrary to tie previsions of the same ^tatuti'y upon which the present prosecution is ifounded, iccre released to the Claimants, by the recommenda- tioncf the Oficers cfihe Govcrfi/ucnt of Neiu-Bri/fisivii-l:y though much against Mr. Leonard's wishes and inclination. This took place in the summer of 17S6. The release of the.?e seizures was recommended, not from any doubt of his AIajest"''s ri^ht to the Islands, but because the Americans were in the actual possession of some of them, and it was not thought prudent at that time to adopt any forcible measures to dis- possess them, of which nature these seizures were at that time considered to be. Thus has the possession of those Islands been nvrestedfrovi Mis Majesty ; and from that time the Claims and eticrcach- inenfi of the American sidjcits upon His Majesty's territory ■..J.I '. '■ I ■.;:t! ( 11 ) und rights in tliat quarter have been constantly extrfuUng tin/! increasing. H.itl the same mcasuros been pursued with re>? gard to the Islands, which took place respecting the Claim to the territory between the St. Croix and Ahi^M^'uadiivic, in the years 17S1< and I7f<6, little doubt can be entertained, that the very luiluabU trade and fisheries now carried on by the Americans in that quarter, to the great injury of the comifier- eial and maritime interests of Great Britain^ would ha\'c been in a great measure, if not totally prevented. • In the year 1783, there were only 11 heads of f;imiliet upon Moose-Island, vlu'reas at this day they probably ex- ceed 200, and they are daily and rapidly increasing. Tliis Island contains about 2700 acres of J^and. From the iiilulgcnce they experienced and the silence with which their encroachments were submitted to, the Americans at length, /;/ defiance of the Navigation Act^ and of all the orher important and salut iry provisions of the laws of trade in this respect made, t unc even to the shores of Campo-Bello Island, and took in their cargoes of Plaister of Paris froni the wharfs there. Mr. Leonard again interfer- ed : and by the seizure two years ago of two American vessels employed in this illicit traffic, and their subsequent condemnation in this Court, a stop was put to a practice so highly unjustifiable. But no sooner is this spirir of encroachment suppressed in one form, than it starts up with new appearances and still more alarming pretensions ; of this, stronger evidence can- not be adduced than is exhibited in the Claim now under the consideration of the Court. The Claimant for the reasons set forth in his Claim, de- clares upon his oath that he hclitViSy that " the waters on ♦* which the Sloop was anchored and seized arc ivholl^ ivithtB ** and belong to the United Ssates.'' Now the waters here spoken of are the waters between Dudley-Island on one siile, and the Island of Campo-Bello on the other, and these waters can by no possibility Mong to, or be ivltolly within the United States, unless the Island of Campo-Bello either behngs tOy or /ics ivholly ■within the same States; and we accorduigly find that one of the reasons or grounds of the Claimant's /'d'AV/' respecting these waters is — "That the principal channel {ro\n the Bav of Fundy into the ** river St. Croix or Scoodiac is to the Eastiuard of the said ** Island of Campo-Bello, and between Deer-Island and <* Mocisc-Island, lyii'g to the Northward thereof." * H 1 . "t-'l 1 f- : '^"^i ■ i Il i: I ■ r'' ( s ) Thus the jAmericans are not contented with having wrest- ed from Great-Britain, aiid with now holding in full sove-. reignty Moose-Island, Dudley-Island, and Frederick-Island, to which t/jey have not, as wilt presently be more fully shewn, one spark of right ; they are not contented with a right of water-way or navigation through the common and nearest channel to their moiety of the St. Croix river, from the main channel or that part of the B^y of Fundy which lies on tho out*'d? of the Islands j which common channel, notwith- stan i;nc[ all the bars in it, is sufficient for the passage of the largest ships that trade within the Bay of Fundy, and is the channel usually if not in all instances made use cf by Ameri* can V .-ssels passing to and from the river St. Croix ; hut, be*? c^use there is a deeper channel by the East end of Campo- Bello Island, they now afiect to chum this channel as the water boundary line between His Majesty's territory and that of the United States ; — a prelude, without doubt, to an ultimate claim to the Island trCampo-Bello itself, in full pro-, perty and sovereignty : Be that however as it may, they now claim the whole of the waters above mentioned as a safe and secure asylum from a violation there, of the Navigation Laws of Great-Britain, tht. dm observance of which is so highly import^ ftnt to her maritime strength and interests : That this is the object of the pretensions set up in thi? Claim is manifest from that part of It in which the forei'^n clearance of the Sloop (which I shall hereafter notice) is mentioned ; the Claimant declaring that this clearance was obtained to enable him to go and " anchor his Sloop off Snug Cove, there to lie and take on ** board a cargo of Flaister of Paris from British vessels lying ** there also j" taking care only to lie ** ivithoiit the Points '* or Head-lands forrning Snug Cove." Now by a bare in- spection of the Map, it will be seen that a line drawn across Snug Cove from one of these Points or Head-Iands to the other, will leave nearly the ivhole cf the stream or waters be- tween Campo-Bello Island and Dudley-Island, on the oiitsidv g^'suchlinej and (if this Claim should be established) will render them a secure place of rendezvous for carrying on every species of illicit commerce between the two Countries. The other reason which the Claimaiit assigns for his be- lief respecting these waters is, " That the Eastern bomidary ** of the United States is a line to be drawn alcn^ the middle of ** the river Saint Croix f from its month in the Bay of Fundy j to " its source f ^c. and that all Islands within 20 leagues cf any " part of the shares of the United States^ and lyin^ between parallel ( 13 ) *' due East lines to be drawn from the mouth of the said rivev ** Saint CroiXy and the mouth of Saint Marys river, are compre*- *• hended within the limits ami boundaries cf the said United *' Slates (except such Islands as at the time of or before the Trtaty ** of Peace of 1783, were within the limits of the Province of " Nova-Scotia, f This reason, given by the Claimant for his belief that the waters between Campo-Bello Island and Dudley-Island, where the Sloop was anchored and seized^ " are wholly with* in and belonging to the United States,"" must be predicated up- on the supposition not only that Moose-Island, Dudley- Island, and Frederick-Island, but Campo-Bello Island alsoj are wholly within or belonging to the United States. This brings me to a more particular inquiry, whether any and which of the abovementioned Islands do, by the Treaty of 1783, belong to the United States. It has been already observed, that upon the slightest peru- sal of the second article of the Treaty of Peace, it is obvious, " that it was clearly intended by it, that no part of the Pro- thereby ceded by His The United States are (C vmce of Nova-Scotia should be ** Majesty to the United States." expressly bounded East by the western boundaries of the Pro- vince of Nova-Scotia, which excludes them from any part of the Continent which was within that Province ; and in still stronger terms they are excluded from all the Islands within the same Province, by tlie exception of such Islands as at the " time of the Treaty of Peace, or at any time tkcrdofore had " been luithin the limits of the Province ofNova-ScoUa." It has been also shewn that the Islands in question, and all the Islands in Pas.^amaquoddy-Bay, being within six leagues of the main Land forming the Provinceof Nova-Scotia, both at its original creation in Iti'il, and at the time of the Treaty of Peace in iTsy, were reserved by this Treaty to His Ma- jesty. I shall now examine more particularly the expressions made use of in the Treaty in this regard. This cannot be done more forcibly th^n by adoj^ing the reasoinng made use of by his Grace the Duke of Portland on this subject, in his letter to Lt. Governor Carleton, being a circular one to the Governors of Nova-Scotia and New Brunswick, dated 11 th April, 1799. His Grace in this letter says, " It is par- " ticularly worthy of observation, that in the above-men- ** tioned article of the American treaty of 1783, the excep- '* tion in favour of such Islands as nvw are or heretofore have M m >,; ?>. I in ♦l, \m !!' ' ' if:' ■' ill ( 14 ) ** ^een within the limits of the Province of Nova-Scotlay is subset •* quent to that part of the same article which assigns to ** America its precise boundaries, comprehending all hlandi ** tuithln 20 leagues of any part of the shores of the United StateSf ** i^fc. i^c. consequently the above exception is vahd even ** against the right of America, to all Islands within 20 leagued ■* of any part of the shores of the United StateSy if any of tlie ** Islands so situated are such Islands as now are or heretofore ** have been within the limits oj the Province of Nova-Scotia. — In- " deed it is upon the face of it a general exception in favour ** oisuch Islands as now are or heretofore have been within the ** limits of the Prcrvince tf Nova-Scotlay which nothing in the ** preceding part of the article can by any possibility affect." This letter of his Grace was occasioned by a lettjr to him from Lord Grenville, then Secretary of State for foreign affairs, communicating an extract of a letter which his Lord- ship had received from Mr. Liston, the American ambassa- dor, " on the subject of a doubt that had been started re- ** specting the boundary of His Majesty's Province of New- " Brunswick and the American district of Maine." His Grace in his letter further says, ** You will obsc ve that •* this doubt is stated to have necessarily ari?en out of the " determination which has taken place respecting the inden- ** tity of the river St. Croix, intended by the American ** Treaty of 1783, and that although it primarily goes only ** to a [.. ";sumed right of nvatef-way or Navigation to that •* moiety of the Saint Croix, the boundary river which is ** nearest to the American territory, yei that it appears to be ** ultimately Intended to deduce therefrom as a further conse- *' quence, a right to the Islands in Passamaquoddy-Bay, lying *•■ on the American side of such a water-way or navigation." The extract from Mr. Liston's dispatch, dated Philadel- phia, 31st December, l798, is as follows ; — " Your Lordship ** will have observed in the speech of the President of the ** United States, to the two houses of Congress, a short state- ** ment of a fresh doubt that has been started with regard ** to the boundary between His Majesty s Province of Nova- " Scotia and the American district of Maine. This difficulty ** was originally suggested by the Agenc and the Commis- ** sioner of the Unifcd States appointed under the fifth article ** of the Treaty of Amity. I find, that the opinion given on " this subject by the 3d Commissioner, Judge Benson, at the •* cpnclusion of a paper which he has drawn up and put into •* tUe hands of the President and the Secretary of State, with vm ( 15 ) '* a view of giving a general idea of the whole transaction, is " in the following words : — " T/jcre is still a question concerning ** the boundary of the two nations in that quarter .^ and originating " also in the Treaty of Peace y but luhlchy PARTAKING of THE ** NATURE of AN OMr.vTED CASE, Can be Settled only by negocia- " tion and compact. The Treaty supposes the St. Croix to issue " IMMEDIATELY into the Bay of Fundy^ r.*id of course that there " would be an entire SEA-30ARD boundary y if it may be so express- ** ed, between the tennimition oj the Southern and the commence- ** ment of the Eastern boundary of the United States ; and it is also ** intended that ivhtre the Eastern boundary passed through waters ** that were navigable ^ both ?:ations should equally participate in the ** Navigation. The question then is how the boundary in the in^ ** termcdiate spacCy between where the mouth of the Saint Croix ** hath been decided to be and the Day of Fundy^ is to be established " most consistent with the Treaty ; in answcV to ivhich it may be " iiigg^sted that the boundary should be a lincy passing through ** one of the passages between the Bay of Fundy and the Bay of " Passamaquoddy/ ; that the JVeit passage being unfit for the pur- ** posCy having a bar across it which is dry at low water y the next ** to it must be taken and the line may be described — Beginning ** IN THE MIDDLE OF THE CHANNEL OF THE RIVER SaINT ** Croix at its mouth, thence direct to the middle of " the channel between Pleasant-Point and Di:Ei> " Island, thence through the middle on he chann: l " between Deer-Island on the East and North, and " Moose-Island /.nd Campo-Bello-Island on the West " AND South, and round the Eastkpn Point of Camfo- ** Bello-Island to the Bay of Fundy." It may not be improper here to repeat ttiat no doubt was ever entertiiint'l, wLat IsUnidshy the 2d article of the Treaty of Peace belongtd to Grcat~B}ilam ; nor was tl:is any part of the question referred to the decision of the Commissioners under the .^th article of the * Treaty of Amity, Commerce and Navigation, it being easy to establish by autheznic and unanswerable documents, what Islands at the lia-.e of, and be- fore the Treaty of Peace were within the limits of tiie Pi o- vince of Nova-iScotia. The Duke of Portland therefore wasjiisilii alarmed to find the right of water-way or na\ig.uion described by Judge Benson, eluimed as a right deduciblefrom the Treaty ; ap- prehending that it was intended to deduce tiiercfrom a^ , and that River according to the sense of the Treaty of ** Peace, emptied itself immediately into the Bay of Fundy ; ** ibr in Mitchell's Map, which was before the Ministers •* at the time of the Negotiation, and which was therefore •* the authority to which it was natural to refer, no such Bay Ptufe,j6 iiAji ^ — ^ ^ rotn -> MlTCHEtlTs ^ 67. eef ■SVf *-:< : :..|f|« » ^ %'X i.. fj' ■ f:' ■ t ' /'M/,/f//^,,/u^rytt:^f^e&nrKt by.ramctJttchardfvn. (irn/iiUitfJcn '^j8oS WM' tl- pmHli!!; ti ' c< (( ( 17 ) " as the Bay of Pa-.5amaquocldy is hid down, the whole Arm " of the Sea which waters that part of the Coast being coni- ** prehended under the genenil name of the Jiay of Fiindy. In confirmation of Mr. Ljston's reasoning it may be ob- served, that the second article of the Treaty of Po ce describ- ing the boundaiies of the United Sintes, and the declaration of the Commissioners under the 5 th article of the Treaty of Amity, Commerce and Navigation, explaining and deciding tl .e only doubt that had arisen in the construction of the 2d article of the Treaty of Peace respect ind? ** and seals decide what river is the river St. Croix intended by ** the Treaty of Peaces that the said declaration shall contain •'' a description of the said River, and shall particularize the ** latitude and longitude oi its mouth and of its source. And ** both parties agree to consider such decision as final and ** conclusive, so as that the same shall never thereafter be ** called in question, or made the subject of dispute or diifer- •' ence between them.'* It never has been nor can be contended that the river St. Croix has two mouths; one mouth, and one mouth only, is spoken of in both Treaties, and in fact it ceases to be or to retain the form of a River at the place or point where its mouth is by the Commissioners declared to be, and it there empties its waters into a Bay, which is the common recepta- cle of the waters of that, with those of the Magaguadavic and several other Rivers emptying into the same Bay. Considering then the 2d article of the Treaty of Peace, and the declaration of the Commissioners under the 5tb, J1 !' "i I % ■t' ( IS ) ' iil . ttrtlcle of the Treaty of Amity, Commerce and Navigation, as forming but one instrumenti and the geographical fact, that the river St. Croix has but one mouth, we may reason conclusively as follows. 1'he mouth of the River is in the Treaty of Peace express- ed j and must therefore be ifitencled by it, to be, in the Bay of Ftindy. — The Commissioners under the fifth article of the Treaty of Amity, Commerce and Navigation, are required by a dsclaration* under their handr. ard seals to decide what river is the river St. Croix, '.,itend:d by the Treaty of Peace to des >'ibe the Rivcry and to particularize the latitude and longi- tude of its mo'.'lh^ which must therefore be its mouth, e:, under the following boundaries, to wit, "C>n the South ''* by the Bay of Fundy, on the West by the river Scoodiac or ** St. Croix, and the Western shore of the Bay of Passatnaquoddyy *' including the Island of Grand Manan, cxc." And I beg leave in this place humbly to ins;j«-, that this /nid every oilier Court established in the Province, i^uist be governed in their decisions In/ the existing Unas of the Country/. By the 'Treaty of Peace the mouth and source of the river St. Croix were points of equal importance with the identity of the River itself, as upon the situation of the former de- pended the commencement of the Eastern and the termina- tion of what is called the Southern boundary of the United States, which united in one and the same pointy and upon that of the latter, the interior boundary lii/e from it, due Nortli, through an immense tract of Coimtry to the Highlands n'.en- tioned in the Treaty j these three important particulars were accordingly ascertained by the Commissioners under the fifth article of the Treaty of Amity, Conin\crce and Navigation, by giving in their declaration a full description of the Ri.er and Oi its source, and particularizing the latitude and longitude of its tmuth ; the obligation to ascertain the latitude and longitude of its source having been tlispensed with by an ex- planatory article agreed upon betv/eeu the two nations for that purpose. Now, therefore, to contend that the mouth of the river St. Croix, described and particularized in the declaration of the Commissioners, is not its mouth intended and expressed in the Treaty of Peace, would be in etFect to render the declaration altogether nugatory, as either of the parties, if dissatisfied, might with equal propriety call in question the decision with respect to the identity of the River itself and respecting its source, and if the mouth of the River pai ticularized in the c 2 "I ..*l'j u ii ■ Ii i ( 20 ) i!ec!ar.itir)n of the C<)mmissioncrs, be Its moutli contempLt- eel and inteiuletl by ilie Treaty of Peace, it must, as has been already observed, be its month in the Bay of Fu/ulyt and Passaina:(^\. probably had in conteuiplati'in.^'' " A Treaty onj^ht to be interpreted in such manner as ** that it may have its effect, and not prove nugatory." " In unforeseen cw^sQ^ we should rather be guided bytlie in- " tention of the author of a Treaty than by his words^ and in- «* tcrpret the instrument conformably to what he would have « done^ if he had foreseen the circumstances which are at *^ presetit known ^ To apply the e piinciples. — It was the object and design of the Treaty of 1783 to give a complete anil entire boundary to the United States, and that the Eastern shou' ^ commence at the termination of what is called the Southern boundary. It was intended to jnve to the Bay in which the mouth of the river Saint Croix was situated, the name by v.hich it was known, and it was under this impression called the Bay of Fundy. It was intended that the mouth of the river Saint Croix, forming a part of the Western boundary of the Pro- vince of Nova-Scotia, wherever that mouth might be, should be the Eastern boundary of the United States : It was in- tended that all the Islands which at or before the time of the Treaty, were or had been within the limits of the Province of Nova-Scotia, should be reserved to His Majesty and continue to belong to Great-Britain ; and in no other sense could the Treaty have been accepted by His Majesty consistently with any rational interpretation of it. — To deny cither of these positions would be in elicct to charge the framers of the Treaty with absurd or wicked and fraudulent designs. It turns out upon examination that the waters into which the river St. Croix issues at its niouth.^ and which commmnni- cate immediately with the Ba^ of Fundy ^ form a small Bay known by the name of Pasoaviuicjuoddy. Can it be contend- ed that this Bay of Passamaqucddy is not to be considered, so far as respects the present question, as heingy what it in fact is. n;ist be ti^bu, and thit the following " line should be adopted, viz. beginning in the middle of " the channel of the river St. Croix at its mouth, thence ** direct to trie middle of the channel bctv/een Pleasant " Point an;! Deer Island, thence thromdi the middle of " the channel between Deer Island on the j.vut and Nortli, " and Mooce Island and ( anipo-BeUo Ishmd on the West *' and South, and round the Eastern point of Campo-Bello " Island to the Bay of Fundy." Now it is hardly to be presinned that for the purpose of securing the proposed right of Navigaiinn, wliich vva:? the only object in view, it could nave been i}Uended by Judge Benson that the property and sovereignty not only of Moose Island, Dudley Island, and Frederick Island, which, though at that time in the possession of subjects of the United States, did of right by the Treaty of Peace belong to Great Britain, but also of the large and very valuable iskmd of Campo-Bel- lo then in the possession of His Majesty as v.cll as of right belonging to him, t/u/st of necessity be ceded to the United States in order to fullil the intention of the Treaty of Peace, contrary to the intention of that Treaty so clearly expressed in it, with regard to the islands ; and if he did not moan to di^'est His Majesty of his right to these islands, he could only mean by further negotiation and comp.xt to secure the right of water-way, passage or navigation, above mentioned. But if th- ')rtgoing reasoning is correct, there is no such chasm in the boundary of the ITnited States as Judge Ben- son suggests, and which is the sole foundation of the supposed necessity of farther negotiation between the two Nations, and it remains only to inquire what right the United States have by the law of nations to a water-way or passage through the waters in questio ilVf. t'-;. "i ■■A vi ^-Mi hi ■■f\ '4^'^^' ilit ■ f'> i. . : III M 1 'P^T ' !';. ( 28 ) 4. c. 5. $.8. Grotiu^ Gtjotius trcatinc; of Rivera says — " Though in case of 5* jU. * " any doubt, the jurisdictions on each side reach to the middle ** of the River, yet it may be, and in some places it has actually ** happened, that the River wlwlly belongs to one party, •* either because the other nation has not got possession of ** the other bank //// lateVi and when their neighbours were ** already in complete possession of the xvhole River, or else, ** because matters were so stipulated by some Treaty^^ Grotius does not proceed expressly to state what the law is in the latter case, but it is a fair and necessary in- ference, that in such case the nation to whom the whole River belongs must retain its jurisdiction over the whole. PufFen,dorf is more explicit. — " The Gulphs and Chan- " nels or Arms of the Sea, are," says he, " according to the ** regular course, supposed to belong to the People with " whose lands they are encompassed ; but in case different ** nations border on the same channel, the sovereignty of ** each shall be conceived to reach into the middle of the ** water, from every part of their respective shores, unless ** either all tiie estates have agreed, by covenant, to use the " whole water promiscuously among themselves, and to ex- " ercise a general undivided sovereignty over it, against " foreigners, or else if one particular people has obtained a *■' dominion over the whole by pact, or the tacit cc">fession '• of the rest, or by the right of conquest, or because they ** fixed their station near it, and immediately tr k it into " full possession, exercising acts of sovereignty over the people of the opposite shore. In which latter case never- theless, the other neighbouring States their ftllow bor- derers shall be supposed to be lords of each of their par- ticular ports, and of so much of the sea as the convenient ** access to the shore requires.'* In the present case it has been shown that the islands in question, and the whole of the waters between them, formed a part of the Province of Nova-Scotia before and at the time of the Treaty of Peace. It has been shown that by that Treaty it was not intended that any part of the Province of Nova-Scotia should be thereby ceded to the United States, and consequently the United States can bv the law of nations claim only to be lords of their particular ports on their shores, and such a right f nly in those waters as the convenient access to their shores requires. This inference is further confirmed by the «c tt i i U 29 ) rules laid down by Vattel in the interpretation of Treaties that have been already cited, " that the Proprietor cannot •* be deprived of his riglit, except so far, precisely^ as he ** rehnquishes it on his part," and that the *' cession of ** a right or of a Province to obtain peace is to be in- ** terpreted in its moit confined sense y The right of passage or water-way which may in the present instance be claimed by the United States, is found- ed upon the same reason with that of the maxim in our municipal law, " Quando ali juid cui conceditur ; conceditur *' et id, per quod pervinitur ad illud ;'''' and can be ex- tended no farther. The same reasoning upon which the right in the present instance is founded will also confine that right to a water- way through the Western passage^ as being competent to the enjoyment of every privilege and advantage that the United States are entitled to, as being tJie only passage they have been accustomed to use, and as iDeing least liable to objec- tion on account of carrying on any clandestine trade with the neighbouring part of His Majesty's dominions. But to go farther. It is laid down by Martens in his Marter^ Compendium of the Law of Nations, a work of acknow- ^- "^ ,^ ledged authority, that ** a Nation is fully authorized to " prescribe the manner in which the commerce with its *' dominions shall be carried on j" and in a note upon this passage he says, " The famous Navigation Ad^ (for a breach of che provisions of which the present prosecution is instituted) "passed under Cromwell and confirmed by " Charles the 2d, contained nothing contrary to the law " of nationsy notwithstanding it was very embarrassing to " other Countries." Sir William Scott in pronouncing sentence, in the High ^ j^^^ Court of Admiralty of England, in a case of appeal from a con- nd. Rep. demnation on the Revenue laws in the Vice- Admiralty Court '^'P- „ of Jamaica, speaking of the same act with others on the same ty Cath-" subject, says, "The Revenue and Navigation Laws are cer- |^"^t.c;u- " tainly to be construed and applied with great exactness : Mmlr. " they are framed for the security of great national interests; " and the effect of such hwsy founded on great purposes of ** public policy ^vcwLst not be weakened by a minute tender- Ti '<:.?, to particular hardships." Can it for a moment be contended or imagined that un- der cover of a right of passage or navigation, which is ail ^:?' C( 1 ■ w.^ » ■ I'M ' i' JT^ (,f'.. % ! 1: i I .1 ( 30 ) li ■ L t that the United Stales can pretend to in the waters in ques- tion, they can hiive any such rii.'^ht as is contended fur in the claim which has been interpose;! in th3 present cause, to go with their vessels and anchor them in these waters, and there, in open defiance and violation of all these laws, to take their cargoes on board from British vessels ? On the other hand, is it not a manifest violatica of the faith of Treaties, and a most unwarrantable invasion of His Majesty's rights, for the subjects of the United States to be guilty of such practices under so frivolous a pretext ? All the rules laid do'wvn by the most approved writers upon the law of nations reprobate the principles upon which such conduct is attempted to be justiricd. As well might the American vessels, or the vessels of any other power in amity with Great-Britain, because they have a right of navigation in the British Channel, claim also a right to lie at anchor off Torba/, or AVeymouth, or any other British port in the channel, and there take on board from British vessels car- goes <>f"a/'//tVc^^/)/'o/i//n/t'''/ to be exported from Great-Britain, or carry on any other species of il/icit and dandtstine trade, as the Claimant in the present instance be justified in the conduct which he avows in his answer to the information. If we look into the articles of the Treaty of Amity, Com- merce and Navigation, between His Majesty and the United States, we shall find that provision is made for every species of commerce that may be laxrfulhj carried on by either na- tion within the territories of the other. By the eleventh article it is provided, " that there shall be a reciprocal and entirely perfect liberty of Navigation " and Commerce between their respective people, in the " manner, under the limitations, and on the conditions spe- ** cified in the subsequent articles." In the 12th article the trade between the United States and the British West" Indies IS pe'-mitted under certain limitations; in the 13th article their trade with the territories of Great-Britain in the Fast- Indies is also permitted under certain conditions and limitations; in the 14th article it is provided, "that there " shall be, between all the dominions of His Majesty in Eu- ropey and the Tevntories of the United States> a recipro- cal and perfec: liberty of Commerce and Navigation ;" but no provision is made in any of the articles for carrying on any trade between the United States and ilis Majesty's Sea-ports in his North-American Colonies. (( a ft ( 31 ) "Would it not be sufficient that tliis trade is entirely left out in the enumeration of the pl.ces In which the Treaty- provides for the liljerty of Navigation and Commerce be- tween the two Nations, in order to determine that no such trade can be justified under tlie Treaty? The maxims, " c.v- ** pvi'ssutn facit ccssare tacituniy^ and " cwprcs'-ii) unins^ " cstexdusio alU'iiKs,''* are as just and as applicalile in tlie interpretation of public Treaties, as of the mimicipal law; and it is to be observed here that the right of passa^^c or na- vigation now under discussion, in the waters in question, does not respect any right of Navigation between the Ter- ritories of the two Nations, but only a right of passage or Navigation between diderent parts of the Territory of the United States, through a part of tlie British territory, and even this merely th.it tlic moiety of the river St. Croix, ceded to them by tr.e Treaty, may not prove a useless ac- quisition for want of a convenient communication with or access to it by water. But the inference I am nov/ contending for does not arise merely from the omission above mentioned in the enumera- tion of the places in v/aich the Treaty provides for tlie li- berty of Navigai-ion and Commerce between the two Na- tions ; so important an object was it to prevent an infringe- ment of the Navigation Act order aiiy pretence, in His IMajesty's Colonies upon the continent, that in the Sd ar- ticle of the Treaty which provides for the communication by land, and " ihe inland na\ igalic^n between i/ie territo- *' tics and countries cf tiie two [xu-vies on the co)iti)H'nt of " iiLmerIca," und j,Ives libcrfy " to navigate all the Lake?, ** Rivers and V/atcrs thereof, a,,d freely to carry on trade ** and commerce witli e:\z]\ (^:hrr j" an express clause is added, "that this article does ?;.■; extend to the admission of *' vessels of the ["riited Slate'^ info the SeLt-poris, Ilaihours, " Bai/s or Creeks of Ills Maje3^y's said Territories, or into *' aivy parts of the RiverS in Ills iVIajesty's said Tcrrito- " ries bdow the highest fori of entry from the Sea." "^riius caref"ui v/as the Treaty to prevent and prohibit the infrac- tion of the Navigation Act, and t'^tt illicit trade which is now claimed as a right on the part of the United States. By the Treaty of Pence no provision whatever was made for the carrying on of any Commerce between Hi?; Majesty's territories and the c of the Uniied iStatcs, ^nA in the in* struciions to Mr. Llonard, accompanyir'; His Majesty's :h' X f 11 w:m. ■{' ; * 1 1 'fl 1 k n ( 32 ) fctommission to him as superintendent of the trade and fisheries carried on, on the coast of His Majesty's North- American Colonies, originally given in the year 1788, and confirmed in the year 1797, three years after the Treaty of" Amity, Commerce and Navigation, he is directed, " upon " no account to permit airy commerce or traffic of mil/ na- " iure or kind to be carnei' oi' between the subjects of His " Majesty and the .'nz' ■'f . 'le TTni*«d Stat s, who may •* come witi In the ifvnns of Kis district, in contradiction to ** the laws and re*^ ih."!' 'ij lich have been established."-— Such is the opinion of iiis JVi. "-ty's Government respect- hig the right claimed in the pre-^ent instance, on the part of the United States, to contravene and violate the laws and reguliuions referred to in tHese instructions. But by way of protestation it is said in this claim, that Mr. Leonard as su- perintendent of trade and fisheries had no right to make any seizure for a breach of the laws of trade: this is an asser- tion that may be well doubted, but it is unnecessary to go into this discussion at present, as the difficulty is obviated by his having a Commission from the Customs, authorizing him to make seizures in those cases ; and as hi^ appointment was iTiade for the sole purpose of attending to the due execu- tion of tlie Treaties between the two countries, his having such commission to confirm his authority to make seizures, forms another ground of argument in favour of the legality of the present seizure, and of the liability of the Sloop and Cargo to confiscation. From the foregoing premises it is presumed that an in- ference may be safely drawn, that a right of water-way, passage or navigation only, can be claimed by the United 'States from the main channel of the Bay of Fundy, through the waters in question to that moiety of the river St. Croix which is nearest to the Ame. rican territory j and further that such right of naviga- tion is so far from authorizing the carrying on of any commerce or traffic of any nature or kind, between the sub- jects of His Majesty and the Citizens of the United States in those waters, that any such commerce or traffic is not only prohibited under the penalty of forfeiture of the vessel and cargo by the navigation laws of Great-Britain, but is contrary to the express provision of the Treaties existing between the iwo Countries. II. This brings me to the second ground of defence set m ( 33 ) Up '1 the Claim, namjly, .Vnt if the waters in question are no vhollij yiiniiii and uj not "wlwlli) belong to the United Staos, t)mj are tlie writers of the Ri t forming the boiui' (If J betu'een ills }^ajesti/s dominiom and the said United AVu 'fjf, and as such ??tM/rrt/ and i.i common for the vessels O' both nations. In other words, if the United States can- not jucced in tiieir i;hiim to Campo-Bello Island, they are detennined to insist upon their right to the three other Islands of -which thcij have taken possession. The foregoing arguments, accompanied by a bare inspec- tion of the Maps befoi ^ the Court, destroy the idea that the waters in question arc the waters of the river St. Croix, which is the River* forming the boundary here alkided to; and it has also been proved that they are neither neutral nor common for the purpose of any trajjic or commerc forbidden by the laws of either Country, but merely for the purpcjse of a water-waij, passage or navigation^ between th "5 'different parts of the lerritories of their respective nation. But we will suppose for the sake of the argument, that the waters in question were the waters of the boundary river i even in that case they could be only neutral or common for the purposes of passage and navigation, and not for the purpose of carrying on an illicit and clandestine trade betweei the subjects of the two Countries, and the waters being in common must be considered wI\olly as the waters 6i either nation, for the purpose of authbrizing a seizure in any part of them of the vessels of either, trans- gressing the laws of the other country ; this is the only in- terpretation of the Treaties between the two countries that is consistent with the express intention of the Treaties, with good faith or common sense. The provision that is made in the 3d article of the Treaty of Amity, Commerce and Navigation, respecting the river Missisippi, fully confirms this interpretation. This River, according to the Treaty of Peace, was to be entirely open to both parties^ as the waters in question in the present cause are claimed to be, but this common right of navigation gave to neither party a right to trade in any place in this common River i belonging to the other ; accordingly it is expressly provideL^ in the 3d article above mentioned, " that all the ** ports and pla». ■ on its Eastern side, to whichsoever of the ** parties belonging, may freely be resorted to and used by '* both parties, in as ample a manner as any of the Atlantic I ' i \f , ■ -'i ■ I ■■a ^1 1 Hi V i ;r'iv l( < I>1 111 » l« { J! ■: ( 34 ) •• ports or places of the United Stntes, or any of the ports ** or places of His Majesty in (ircutBtiluin.'* But to narrow- the cause to the precise circumst-onces of the present case, as set forth in tiie (lalm. We have seen that, by the law of nations, as laid down by Grotius and Pufflnborf, in case different nations bor- der on the same channel, the sovereignty of each shall be conceived to reach into the middle of the water, from every part of their respective shore j unless either has ob- tained a dominion over die whole : and to the same effect Martwes Martins savs, " Every nation has a right to property and 4. C.4. " dominion as far as the middle of all the Lakes and Jxiven ** that are situated on its frontiers, at least till the contrary •* has been proved, or till another division has been agreed « upon." It must be recollected that I am now arguint^ upon the supposition that the waters in question were the waters of the boundary river, the St. Croix, as contended for in the claim : and I will suppose further for the sake of the argu- ment, that Moose-Island, Frederitk-Island, and Dudley- Island, belong to the United States. Admitting then far- ther the absurd idea that the subjects of either nation have a right to carry on any trade prohibited by the laws of the other in these waters, such right must be confined to that part of the waters or river lying on their side of the middle of the waters, because at the middle of the waters the so- vereignty, property, and dominion of the two nations re- spectively terminate. Now it is rot pretended in the present case, that either at the time tl e sloop came to an anchor, or when her cargo was laden on Loard, or when she was taken, she was on the American side of such middle of the water*, between Campo- Bello Island and Dudley-Island. The claim barely states, that " the sloop came to an anchor between the said two ** Islands, so as to see the house of the American custom- •* house officer, Lewis Frederick Delesdernier, upon the ** Aniericati shore from the said sloop when anchored, and ** without the Points or Head-lands forming Snug-Cove^^ It is not pretended that this house cannot be seen from the waters on the British side of the middle line, nor can it be presumed, as the house is stated to be upon the American shore, and by a bare inspection of the map or chart, wJiich is admitted lo ;.dve a correct description of the pl?,tcj' in miestio the Po nearer than t and was therefore doubly fraudulent on the one hand by depriving the United States of these duties, and on the other by procuring an open and intended violation and infringement of the British laws and the treaties subsisting between his majesty and the United States. Again, this clearance was obtained for the express purpose of enabling this vessel to take on board the cargo in question. This clearance was obtained for the express purpose of en- abling this vessel to take on board the cargo in question, nvithin the British territory. The cargo, by the clainrant's express averment, was taken on board in consequence and by virtue of this clearance. The cargo then, by the claimant's own shewing, was know- ingly laden on board the sloops within the British territory; and being so laden is liable to forfeiture and condemnation in this court. It is perhaps difficult to conceive a more bare-faced at-, tpmpt tf -lolate the existing laws of both nations, or a more bare-fat ;d avowal of so flagrant an intention than is exhibit- ed on the part of the claimant in the present cause. And the principal ground of justification seems to be that such a practice has been " for a long time sanctioned by the •? cuspm-house officers of both nations :" if this be the casg^ n ','..;] ( S9 ) it is high time to put a stop to a practice so dishonourable to both countries, so extensively injurious to his majesty's inte- rests and the commerce and navigation of Great-Britain. The consequences of supporting the claim in the present cause would be truly alarming ; this would be in effect to exercise an act of the highest dominion and sovereignty, by making the ports on the British and American side of these waters to be^r^^ ports reciprocally, and to annihilate ir, these waters the provisions of the laws of trade and navigation of both nations. If this sloop could lawfully take in the present cargo from British vessels, at the place where it was laden on board, it must have been equally lawful for these British vessels to re- ceive from the sloop in the same place a cargo of East-India or any other goods prohibited to be imported either from the United States, or in foreign vessels, into this province. Again, if the conduct of the claimant in this instance can be justified, it must be equally lawful for a British vessel to lie at anchor off Moose-Island or Dudley-Island, at any place on the American side of the middle of these waters, and there discharge her cargo, of whatever articles it may consist, into American vessels, without entering at the American custom- house, or paying the tcnnage, light or any other duty, or being subject to any penalty of the laws of the United States, on any account whatever. Indeed there is no end to the absurd consequences that would necessarily result from an establishment of the defence set up by the claimant, and it must be evident that the only rule that can be laid down consistently v,^ith the laws of, nnd the treaties between, the two nations, is, that there can be no trade lawfully carried on in these waters between the vessels of his majesty's subjects and of ,:he subjects of the United States, which it would not be lawful for the former to carry on in the ports and harbours of the United States, and for the latter, in the ports and harbours of his majesty's dominions. This would leave the right of navigation free, and tho waters entirely open to both parties, for every lawful nur- pose ; it w^ould not interrupt any communication between the vessels of the same nation in any part of these waters, and would effectually prevent the violation of the laws of either ; consequently, ir whatever part of these waters either a British or American vessel should be found, the one directly or in- directly transgressing the laws of the nation of the other, it i-c p Pi ;; ; * i ti ,''1- ( 40 ) must be lawful for the proper officer of the nation whose laws are transgressed to see those laws enforced by such seizure^ and prosecutions as are directed for that purpose. Even the above rule is laid down, under the supposition, fop the sale: of the argument, that Moose-Island, Dudley-Island, and Frederick Island, belong to the United States, consider- ing their possession as equivalent to a title in the present dis- cussion. Well might his Grace the Duke of Portland predict that although the doubt started on the part of the United States •* primarily went only to a presumed rig'iu of water-way or ** navigation to their moiety of the Si. Croix, yet tiiat it was ** ultwiatcly intended to deduce therefrom as a further conse- « quence, a right to the Islands in Passamaquoddy-Bay, ** lying on the American side of such water-way or naviga- '* tion," among which Islands, Campo-Bello, as we have seen, was included. This prediction we now sec amply verified, in the course of six years from the date of his letter, and if such claims are submitttd to, the tacit ac(|uiescence of Great-Britain in these assumptions will soon come to be looked upon as an absolute acknowledgment of^the title, and we know not what farther pretensions may be advanced and persisted in, in the same manner. Although, if the foregoing reasoning be correct, it is totalr ly immaterial in what particular jiart of the waters in question the sloop now under prosecution was lying, at the time her cargo was laden on board, whether on the British or Ameri- can side of the supposed line agreed upon by the custom- house officers of the two nations, I will nevertheless pro- ceed to examine the evidence upon this point ; premising that the testimony taken on the part of the probecution has been principally with a view to shew the importance of the pHidc thus (as we contend) illegally carried on, and the extent of the mischiefs and inconveniences resulting to the British trade and commerce, from the practices avowed and justified ip the claim now before the court. So alarming indeed have been the effects of these injurious practices, that they have claimed the serious attention of the hou«e of assembly of the province, who, in their session in February, IJsOS, passed the following resolution • — *' Resob'Cvl, that an humble address be presented to \\\?, ^ exctl>.ncy the lieutenant-governor, requesting that he will U iii. ( 41 ) ** be pleased to state to his majesty's mini«tersthe necessity of ** an act of the Bri; ish parlian;ent, compelHn^ masters of ves-^ ** sels lading plaistcr of Paris or Grind-stones -.it the iVaines ^^ o( Novi'-SLO/ir/f Nc-iv-Biunswlckj and in the Giilph of St, *' Laivreuci'j to give bond lo ihe officers of his majesty's cus- ** toms in the ditiercnt j)orts where the same shall be laden ** on board, not to land or unload tlic same in any port or ** harbour in the American States to the northward and east- " ward of Portland, in the state of MassucliuaettSy or in any ** British port, but for tlie purpose of being re-shipped on ** board British vessels, who shall give bond as before-men- *' tioned, not to land the same in any port or harbour of the ** United States of America, to the northward and eastward " o( Port/ami, in the State of Massachusetts." In answer to which address, his excellency was pleased to say, " that representations would be made to his majesty's " ministers accordingly." [The testimony in the cause was very voluminous, and prin- cipally tended to shew on the part of the clai.rant an agreement made about six years ago between Mr. Dunn, the acting British custom-house of] leer at St. Andrews, and Mr. Delesde^nier, the American custom-house offi- cer at Passamaquoddy, that British and American vessels lying in any vart of the waters outside oj the points or head-Lnds which form the harbours either on the British ' or A.merican shores, thai is, of Jhidleij and Moose Islands on the American side, and of Campo-Bcl- Island on the British side, should be considered as lying in waters wholly neutral J free crconunon for both nations, and might lade or unlade their cargoes without interrupt ion or seizure bij the ofjicers ofcit her government ; viXnch. agreement was fully proved by the custom-house officers on both sides, and the practice agreeably to such agree- ment was also proved by them and many other wit- nesses. Upon the cross examination of the claini.nit's witnesses, it ap- peared that it was a common practice till within the last two or three years for American vessels to take their car- goes on board from the shores and wharfs of Campo- Bello Island, but that such practice was not known or as- sented to by the British custom-house officers ; that ihig practice was interrupted and put a stop to by the fre- quent visits of the Union cutter under th? direction of '^ ^^ '■Ck 'X. • -,t PS J ( 42 ) Mr. Leonard, the prosecutor in the cau'ie. It appeared farther in evidence that for several years past it has been and still is customary to permit the loading of American vessels, lying close off any of the coves or harbours on the British side, by taking in their cargoes with boats, gon- dolas and small craft from the wharfs and shores on Campo-Bello Island, provided only thrit such American vessels do not lie within a line drawn across the points forming such coves or harbours. To this point one of the claim^^rt's witnesses deposed, " that he had seen, as ** he supposed, near an hundred vessels of the United ** Sates taking in plaister from British vessels in Sfiug ** Cove, three, four, and five years ago ; but that such ** practice has not been so frequent of Izte, Jor fear of the ♦* Union cutter. Four or five others of the claimant's ** witnesses also testified ** that this practice was discon- *' tinned by reason of the Union cutter coming often in " the way." With regard to the sloop Falmouth, it appeared in evidence, that the said sloop upon her arrival from her last voyage from Portland in the State of Massachusetts, anchoredat the place where her cargo was taken on board, off Snug Cove,h\xt on the outside of a line drawn across the mouthof the cove from one to the other of the points or head- lands forming the said cove ; and that she was much near- er to Campo-Bello Island than to Dudley-Island. The American custom-house officer, one of the claimant's witnesses, who was on board her, upon his cross-exami- nation says, that she was lying ** tuithout a line drawn across Snug Cove, and in the neutral waters described in the agreement^'' It also appealed that the sloop never altered her situation in any respect, nor took up her anchors from tlie time of her first arrival there till she was taken possession of by the cutter ; that upon such her arrival she entered at the American custom-house in that nelghbourhoc J, and took out the foreign clear- ance, before recited, for St. Andrews ; that the two iiriish vessels from which the cargo of the sloop was l;.-o/i or 'card, prrivf 1 from the province of ^lova- 8cotin, and < ame to anchor in the same waters near to the place where the said sloop came to an anchor; that "^hese British vessels sntered at the British custom-house Lupt \i* Oar • o-Bello ; and that the sloop and British 'fc:v:€lj 'eing aiong-side of each other in thes^ waters, th^ 1 |:» < 43 ) sloop received the cargo in question from these British vessels j that the sloop was taken possession of by Mr. Charles £. Leonard, commanding the Union cutt?r, as a deputy to Mr. Leonard the prosecutor, in his office of superintendent of tradf* and fisheries, and brought to the harboui- of .St. John, where she was formally seized by the prosecutor, and libelled in this conrt. It also appeared that this was the usual in^de of carrying on the trade, and was strictly in conformity with the agree- ment of the custom-house officers before-mentioned ; and that the British and American vesselr, under this agreement were permitted to interchange their cargoes in these waters in the manner before mentioned, without molestation or seizure by the custom-house officers of either government. The distance between Dudley Island and the nearest head- land of Canipo-Bello Island appeared by a inap admitted in e\idencc by both parties as correct, to be upwards of three quarters of a mile, and between Moose-Island and Campo-Bello Island nearly two miles. With regard to the foreign clearance, Mr, Delesdernier, one of the claimant's witnesses, testified as follows, '* that ** the claimant applied for and obtained -a foreign clear- " afice for the s\oo^ for St. Andrews^ in ballast and stores, ** — That it was not intended nor necessary to proceed ** to St, Andreius in consequence of such clearance, it be- ^' ing customary to grant such clearances to American ** vessels taking plaister, to entitle them to a re-entry in the **■ ports of the United States ; — That by such clearance the ** American vessel is enabled to receive plaister from o ** British vessel ivithoitt obliging $uch British vessel to enter ** at the American custom-house. — That ail British vessels " entering at the American custom-house are- subject o *^ a duty of one dollar per ton. — That the American ves- ** sels after obtainii'g these foreign clearances, without ** any removal or altering their situations in any respect, ** proceed to take their cargoes on board from British *' vessels, and thence proceed to am/ purl of the United " States." From the testimony of the British custom-house officers it appeared, " that the British vessels in which the plaister ** of Paris is imported from the upper parts of the Bay ^^ of Fundy, into that part of the British territory bor-r ■n- •'•Ilf-* M: ^1 am iia' ifti ( 44 ) <« dering upcn the ITnitLd States, regularly enter and «' clear at the British custom-house." With regard to the '>^estern passage into Passamaquoddy Bay, so frequently alluded to, John Mills, a witness produced on the part of the prosecutor, deposed, " that *• he is a branch pilot for the port of St. John and ** in the Bay of Fundy, and has been so employed nearly *' since the first erection of this province of New Bruns- ** wick, and that he is well acquainted with the western passage into Passamaquoddy Bay, otherwise called St. Andrew's Bay, by West Quaddy Head, so called, and ** that the said western passage is the passage generally, •* and almost in all instances, made use of by American ** vessels trading and navigating to and from Moose •* Island, the river Cobscook and the river Scoodiac— ** that the sa: ^ western passage is much more convenient "than tho eastern passage for American vessels trading ** and navigating to and from the places above mentioned, ** because the said western passage is a much shorter ** route to th? said places than the eastern passage, and ** also because the American custom-house is situated on •* the said passage nearly about the centre of the narrow ** part of it, and the said custom house is very difficult " of access to all vessels coming through the eastern ** passage aforesa'J, and it is the opinion of this depo- ** nent, that the said American custom-house is thus ** situated as aforesaid for the convenience of the Ame- •'rican vessels coming through the western passage •* aforesaid, and that he has very seldom known such American vessels to make use of any other than the western passage aforesaid — that it sometimes happens " when such vessels are bound into the places above ** mentior^d, and have the wind from the No.chwest, ** that tlicy will come through the eastern passage afore- ** said, as such northwest wind is directly a-head for " them in coming through the said western passage. ** That there are shoal grounds conslstingof muscle banks ** extending nearly across the said western passage, *' but that such shoal grounds do not impede the na- ** vigation of vessels in the said passage when the tide •* is in ; that he the deponent, as a branch pilot as afore-^ <* said, once piloted a ship of about three hundred tons <* burthen, and drawing as much as fifteeen feet of wa- « ■» -•*UV>^4' ' • ■■» V ♦ .-,-.^- _^,^.^,^ « ..'i-. . . t . s '• •^■•,^/« - .■•».jW>V.' fe*. .''' fflsl ti . ' 4: V, :f < f. ; ^*' "1 ( 1 'i .A i- ... TluFiiUs arr about li miles upfivnt HuIiei'iKtMnuipa.v sinifup thf HitfJBha/iffi t/ure, isalhHapt to Ihtlfoytmbtyiu. ofChninplaui nowRnobsmt ipas-finp itftl/uJfprlk Bnuuh fherris onett Iht St John 1. I I U m /: ,.. / ( 45 ) ** ter, as nearly as this deponent can recollect, throuji^ii the said western passage at high water, and with the ti <( a u {( (I « i( wind from the northwest, such wind being directly fair for vessels going down through the said passage- that he this deponent has been informed by pilots at St. Andrews, and believes, that they the said p'i.its have frequently piloted ships of three and four hu.i- dred tons burthen, through the said western passage, without danger or difficulty, when the tide was in ** and the wind fair— that he the deponent does not " consider the said western passage as safe and con- venient for ships or vessels of any considerable bur- then, unless the tide is in and the wind fair — that at half tide with a fair wind, the said western passage is safe and convenient for vessels from seventy to" one hundred tons burthen, and that in the channel of the said western passage at high water, there is upwards of twenty feet depth of water — and this deponent ** further saith, that he has known American vessels " frequently to anchor in West Quaddy Bay, so called, ** and there to wait until the tide should make, and " there should be a sufficient depth of water to carry ** them through the said western passage. Mr. Mills, upon his cross-examination on the part of the claimant, says, " that the course of the principal chan- ** nel from that part of the river St. Croix, ( otherwise ** called the Scoodiac) between Joe's Point near St. An- ** drews and the opposite shore to the first waters, which *' arc called the Bay of Fundy, is as follows, viz. from ** Joe's point aforesaid, to Clam Cove Head, so called, ** the northwestern extremity of Deer Island, so called, ** thence between D*?er Island aforesaid, and Moose ** Island, so called, thence leaving Marvel Island, so call- ** ed, on the larboard hand, between Wind-mill Point, ** so called, the northwestern point of Harbour de Lute, *' so called, and a small island called Pope's Folly, thence ** between Casco Bay Island, so called, and Campo-Bel- *^ lo Island, so called, thence between Head Harbour, ** so called, the eastern extremity of Campo-Bello ** Island aforesaid and Spruce island, so called, into the «* Bay of Fundy." This passage or channel last above described by Mr. Mills, is the same wluch he calls the eastern passage in his de- ^ I'M ' i I ■-i'l ' .1i-; 1 1 mi /'li/,:' ,l.v /•//, ,„t,l„n-t,, h,J,m,f.yfl,c/,ur,U;;, ./„„„<„■, 1,1. i,1,>/i rrril/ii//. IMAGE EVALUATION TEST TARGET (MT-3) 1.0 I.I 11.25 l^|28 |50 ■'^~ US 1^ |2.2 H^ 140 |2.0 m 7] -^'Z '> !>• c? / ^ -^i'*.:^ ^^ Photographic Sciences Corporation ^< i./'4P \\ 4 V 23 WEST MAIN STREET WEBSTER, N.Y. USSO (716)873-4503 ''^"^^*^ ^ *ir ( 46 ) m: poshlofi upon the direct interrogatories, and is the same> that is described by Judge Benson, and recited in the former part of this argument. *rhe whole of the testimony in the cause was discussed very mu( h at large, when the argument was concluded with the foUowiiig '.nimadversions upon the foreign clearance and the observations subsequent thereto* The minutes of that pan of this argument, which precedes the introduction of the testimo'iv, were made before 1 had looked into any part of the testimony, and so extravagant at that time appeared to me such a right as now appears to have been in the contemplation of the claimant, that barely shew- ing it to be a necessary ronscquettce of tlie doctrine which 1 then supposed would be the utmost that would be contended for in the claimant's defence, was in lay mind an irresistible proof of the absurdity of that doctrine ; but to my surprise, I now find, that the claimant's defence rests in the broad assertion of that right as legally vested in him^ not only by usage and custom, but even indepetidetitly of such usage. This makes it necessary for me to inquire farther into the Lgality of the right thus claimed, and to show the absurdities necessarily resulting from such claim. Mr. Delesdernier testifies, " that with a view to the ease ** and accommodation of persons concerned in navigation^ he ** about six years ago entered into a tacit agreement, with the •* officers of the Britiati customs at Passamaquoddy, for a ** neutral lincy or rather litnitSy between which vessels of both ** nations might safely lie at anchor and receive or discharge ** their cargoes ^ which lines or limits were understood to lie •' between the head-lands of Campo-Bello on the one side, and ** the head-lands of Dudley and Moose Islands on the other ** side." He afterwards says, " that in consequence of these ** arrangements^ he has considered that such British vessels ** are in neutral waters, and not subject to tonnage or other ** duty." So that, had it not been for this tacit agreement, these British vessels would have been subject to the tonnage and light duty, amounting together, as he testifies, to one dollar per ton. This is certainly a very extraordinary pow- er to be assumed by a custom-house officer, to dispense with the laws of his country. It seems that the tacit agreement, arrangement, or ac- commodation treaty, which Mr. Delesdernier here speaks o^ in consequence of which ^ he was no longer to consider British :t'i 1 tl ( « ) vessels in these neutral waters as being subject to the Ameri* can duty of one dollar per ton, could not be carried into elTect without the contrivance of the foreign clearance} by which the British vessel was to be discharged from the payment of this duty. The British vessel, if considered as being in American wa- ters, must enter at the American custom-house, and pay the duty, otherwise such vessel could not be permitted to dis- charge her cargo into an American vessel in these waters. If considered as being in British waters, such vessel could not be permitted by the British custom-house to discharge her cargo into an American vessel at all. To get over this difficulty, the American vessel arriving in these waters, is, in the first instance, considered by the American custom-house as being in waters wholly American, and is accordingly required to enter at the American custom- house, in the same manner as the British vessel arriving in the same waters is in the first instance considered by the British custom-house as being in waters wholly British, and accordingly required to enter at the British custom-house. The next step is for the American vessel without discharg- ing any part of her cargo, (if she happen to have a cargo on board to give in exchange for the British plaister) and with- out any alteration in her situation, after having entered from her last voyage at the American custom-house, to apply for and obtain as a matter of course from the same custom-house a foreign clearance^cr St. Andrewst for the same vessel. The American vessel and the British vessel, which under this accommodation treaty are respectively to lade, unlade, and exchange their cargoes in these waters, which at this period of the process are instantaneously neutralized, are at length brought into contact with each other. The operation of the foreign clearance is now wonderful, without any removal or alteration of the situation of either of the vesaels in any respect, from the time of their first ar- rival in these waters and entry at the custom-houses of their respective nations ; on a sudden, these waters to the Ameri- can vessel become foreign and British ; this vessel is under clearance for St. Andrews, but not bound or intended for St. All' drenus, which is confessedly on all hands a British port in the province of New Brunswick ; but she cannot re-enter at any port in the United States, without evidence that the cargo of plaister, being an article of foreign growth, which she is • I; PI :■ mM 'I It ill 1 '''i^ Si* f :i| I 1 'wm 1 I f i' •i J ( 48 ) V¥l ii:'f •ii*' td take on board from the British vessel, was actually laden on bourd in a foreign port, as it would be otherwise liable to seizure for non-payment of the tonnage and light duty. 'This foreign clearafue then, to the American vessel, transforms these waters from American or neutral, to British, while the same waters to the British vessel remain neutral, and farther becomes legal and satisfactory evidence at any port of the United States, to which the American vessel carries the piris- ter, that it was actually taken on board at St. Andrews in the British province of New Brunswick, and in the last stage of its potent influence, intitles this American vessel to a re- entry in such port. Farther, this foreign clearance thus made complete and legal evidence in any port in the United States to which the cargo shall be carried, that such cargo was actually laden on board the sloop in a British province, is applied for and obtained by the claimant for the avowed purpose of depriv- ing the American revenue of the tonnage and light duty. Most righteously then shall the same clearance be con- sidered in this court as complete and legal evidence of the saute fncty for the purpose of preventing a violation of the British laws with impunity. This consideration destroys every idea of hardship, and all pretensions to indulgence on the part of the claimant in the present cause, for a more gross abuse of public docu- ments cannot well be conceived than is exhibited in the in* stance of this foreign clearance. It may not be improper here to remark the absurdity of the application of the epithet tmitral to these or any other waters in a similar situation ; so far from being neutral^ or belonging to neither power, by the claimant's own shewing they must be considered for the acomplishment of his pur- poses as wholly and altogether British. But although what is contended for on the part of the claimant would not ren- der these waters neutral, it would nevertheless operate to the extent of making them to he free ports in the territories of both nations, in which the operation of all the laws of both countries would be completely annihilated; which is a state that it has hitherto required the act of the supreme legisla« ture of a nation to create within its doaiinions. Before I quit this part of the argument, I must again bring to the recollection of thecourt, that my whole reasoning upon the testimony in the cause has been predicated upon a sup- ( *9 ) /, or ren- the es of both state 'isla- ring ipon sup- position, for the sake of the argument, that the poiseision of Moose, Dudley, and Frederick Islands* the three islands in question, by the subjects of the United States, is equivalent to a title in the present discussion. But when it is taken into consideration that these islands do •fright belong to Great Britain in full property, and that the possession of them has been wrongfully taken and with- held by the subjects of the United States, the argument be- comes infinitely stronger respecting tht waters in question ) for it would be an extravagent position, that a ivron^ul pos- session de facto of these islands should give a constructive pos-* session de jure to the whole or to any part of these waters. It remains now in some way to account for the agreement made by the custom-house officers of the two governments, and the foreign clearance, which have been disclosed in the testimony in this cause ; in doing which, we must retrace the plaister trade to its origin, and consider its magnitude and importance at the present day. It is well known that the mines or quarries of plaister of Paris in the uppper parts of the Bay of Fundy within the British provinces of Nova Scotia and New Brunswick are inexhaustible. It is equally well knovm that It is now become almost an in- dispensable article in agriculture in all the United States to the westward and southward of Connecticut ; barren and ex- hausted soils by the aid of this plaister, as a manure, become fertile and productive, and are so permanently improved \rf it, that many of the land-holders there have been known to say, that rather than be without it, they would give for it twenty dollars, and some go so far as to say, fifty dollars per ton. From the first settlement of this province the British vessels here have been employed in carrying this article to part of the United States, where it has been in so great demand: for several years it commanded a very con- siderable price ; ten or twelve years ago, it brought from ten to twelve dollars per ton in New- York and Philadel- phia i and if British subjects in British vessels were^ as they ought to be, the sole carriers of it to the places of its con- sumption, it would, without doubt, prove a source of wealth to those provinces, of encouragement to their settlement, and to their commercial and maritime concerns, and cons«- £ ,1 I I ',*■' , i \. » <^ ■ ■ 1- '^ n , I ", Jm4- ;:i. 'i,'. ( 50 ) sequently become important to the interests of the British empire. It is ascertained that in the year 1791, the plaister trade had not commenced at Passamaquoddy j even so lately as in the year 1794, only about 100 tons of this ar- ticle were imported from the upper parts of the Bay of Fundy to Campo-Bello; in the year 1795 about 250 tons: from that time to this it has been gradually increasing, and the average is now, from the best information that can be had upon the subject, very little, if at all, short of l^jOOO tons per annum. It appears from the testimony of the clerk of the British custom-house at Passamaquoddy, ** that during the present ** year there have been imported into Passamaquoddy from " Nova-Scotia, about 10,000 tons in fifty vessels bycom- ** putation from the custom-house books in his possession," and we know that there was a considerable suspension of this trade in the course of the summer, occasioned by a fear of impressment from his majesty's sloop of war, the Busy, which was for some time stationary there. From a correct account kept in the year 1 802, it appears that from the 20th of March, to the 20th of December in that year, there were 13,155 tons thus imported, and that there were several other vessels so importing it in that year not included in that account ; from whence there is good reason to believe that the annual average does not fall much short of 1 4,000 tons. A respectable witness on the part of the claimant, states, *' that he thinks the gi^eat demand has been the cause why " the plaister is not row landed at Campo-Bello, as the " British vessels have now the opportunity of loading ** the American vessels in the stream;" so that it appears on all hands that this is a very increasing trade. We know that many British vessels from this port of St. John are constantly employed in carrying great quan- tities of pl:nster to the places of its cons-umption in the United St ites, probably not less annually, at a very mo- derate cor putution, than 10,000 tons; but the owners of these ve-^sels complain, that unless the traffic in this article 30 extensiveh cirried on in the manner above described at Passamaquoddy is put a stop to, thei/ must dispose of their vessels and quit the trade; and the reasons are, that the I'.'f » of ( 51 ) American vessels are navigated at so much less expence than the British ; that the small British coasting vessels employed in carrying the plaister to Passamaquoddy are sufFered in the manner that has been stated by Mr. Delesdernier, ta discharge their cargoes into American vessels, without pay- ing the tonnage and light duty, which all the British vessels carrying the plaister to ani/ other part of the United States arc subject to, amounting to one dollar per ton ; and lastly, that the Americnn vessels are suffered in the same place in the waters in question, to lade their cargoes on board from British vessels, givitiif contraband articles in exchange^ in open violation of the navigation act and the other British laws of trade. If thjs practice be authorised by the government of the United States, and the foreign clearance in question be dic- tated by that government, it is only to be accounted for upon one principle, namely, that of procuring a foreign article of indispensable use in that country at a reduced price, and se- curing to its subjects the carrying trade in this instance, ob- jects in comparison with which the tonnage and light duty are a trifling sacrifice. Before the plaister trade in question commenced at Pas- samaquoddy, when its utility was not generally known in the United States, and the demand for it was comparatively small, this article was sold by the British vessels carrying it to New- York and Philadelphia, from 10 to 12 dollars per ton; it is now sold from 64- to 1\ dollars per ton in those places, which makes a difference in the price of the article of 4- dollars per ton at the American market, besides yield- ing to American vessels the carriage of two-thirds of the quantity consumed. If we suppose then 25,000 tons of this article in the whole to be annually imported into the United States, directly or indirectly from these provinces, which is a very moderate estimate^ and probably much less than the quantity really so imported, there is a loss of l(/0,000 dollars per annum in the price of the article, exclusively of the other considera- tions above alluded to. There is no doubt entertained by those who are most conversant and best acquainted with the subject, that instead of 25,000, the quantity of plaister annually imported into the United States from the British provinces, is very little if at all short of 50,000 tons, and that his majesty's subjects E 2 ' '.h % ■ til r'4 ► I'J ,t if' -! \i ' f i*l il'l • m .'■ t 52 ) in these provinces suffer a direct loss, in the price of the article only, of 200,000 dollars annually by this illicit traffic. One circumstance within the knowledge of everyone con- versant in this trade, is, that if it happen in the spring of the year that there is no plaister at Campo-Bello in readiness for the American vessels, it immediately commands an extra price of three dollars per ton by the British vessels first car- rying it to New-York and Philadelphia at such seasons j and even in the short interruption of this trade during the last summer, occasioned by his majesty's sloop of war, the Busy, being at Passamaquoddv, which deterred the British coasters from carri/ivg the plaister during that time, from the fear of having their hands impressed ; the British vessels carry- ing it to the States at once obtained an advance of one dol- lar per ton in the price ; from which we may fairly conclude, if a stop were altogether put to this illegal trade, and the carriage of this article confined, as it ought to be, to British vessels , that not only a standing advance would be obtained in the price, of from 4 to 5 dollars per ton, but that a con- siderable proportion o*^ it would be paid /br in cash, and thereby the continual drain of specie from the province pre- vented, the inconveniences of which have of late been so sensibly felt. • But these are by no means the greatest inconveniences resulting from this trade*, by the mode of carrying it on, if it be legal, as contended for by the claimant, a door is open- ed for the admission into these provinces, through this channel, of foreign brandies, spirits, teas, and every other article of prohibited commerce, to the ruin of the fair Bri- tish merchant and trader. How easy is it, I speak not without foundation on the subject, for any one concerned in this trade residing upon the island of Campo-Bello, or in any neighbouring part of the British territory, having once purchased a few chests of tea, and a few casks of spirits, that have been legally imported into these provinces with their appropriate marks upon them, to have them filled and replenished with the same commodities from these American vessels for years to- gether, without a possibility of detection ? How many other ways are there of distributing these and other prohibited articles to all the inhabitants of these provinces upon the Bay of Fundy, the legality of such an r » i ( ss ) I ,i* Interchange of cargoes between British and American vessels, as is now insisted upon being once admitted ? The plaister trade may be said to be yet in its infamy, and the demand for it daily increasing. 'I'his article seems to be, among others, one of those bounteous gifts of Heaven to this country, calculated to encourage its settlement, pro- mote its interests, and increase its consequence, if the ad- vantages to be derived from it are duly attended to and secured. — The existing laws, I humbly conceive, are suf- ficient for the purpose, if properly enjoreed ; but should I be mistaken in this, I hope that the discussion of this cause will give rise to other regulations from competent autho- rity, which will enable us fully to avail ourselves of a source of prosperity, which promises ere long to be incalculable in its extent and beneficial consequences. I mean not however to urge these as considerations to the court in pronouncing its decree in this cause, if the law be not with me ; — but if I am warranted in the principles I have endeavoured to establish, and the deductions I have drawn from those principles, it is just and fair to enforce my argument, by stating the mischiefs and inconveniences that would result from the establishment of the claim now before the court. "Well might this trade be thought an object of sufficient magnitude to merit the attention of the general assembly of the province ; the same view of the subject and the same reasons which I here humbly submit to the consideration of the court, induced them to apply for the most effectual means of annihilating this trade by an act of parliament, to prevent the landing of plaister of Paris exported from these provinces, in any part of the United States, to the northward and eastward of Portland, in the state of Massa- chusetts, though it is much to be doubted whether any place to be named for this purpose to the northward and eastward of Connecticut river would prove an effectual remedy for the evils complained of. I come now to the point of the cause from which I set out, namely, the charge in the libel, that the cargo of the sloop Falmouth, now under prosecution, was laden on board the said sloop in the county of Charlotte, in the province of New- Brunswick, and within the jurisdiction of this honourable court on the 22d of October last, the same sloop being a H: I • •i ' h 1 1 \ I H » ;■'! • ^1 '. i I : . vf \\^\ ^ f :^?i ^5t:' »») I i , ( 54 ) foreign built vessel, not owned by his majesty's subjects nor li.ivi^;itccl according to law. That the sloop is not British, but foreign buih, and own- ed and navigated by foreigners, is admitted on .ill liaiids. '1 he only remaining question then is, ^.'h(Jther this cargo was laden on board tiie sloop within rliis province. I might possibly be justified in iiis-^ting that the claimant can no longer be permitted to controvert this fact, having submitted to the jurisdiction of the court ; and that he should have availed himself of this ground of defence by a plea in abatement to its jurisdiction ; for this court can have no jurisdiction of thi-^ cause unless the oftence charged has been committed Avithm the limits of this province; but waving this, I will briclly recapitulate the evidence there is in the taiise of this fact. — It has then been shewn, 1. 'i'Jiat all the islands between which the waters flow, in which the sloop was laden, belong to Great-Britain, as a part of the ancient province,'>f Nova-Scotia, and as such expressly reserved by the treaty of 1 783. 2. 'I'hat the king's charter, erecting and establishing the county of Charlotte, and the act of the general assembly of the province for dividiiig this county into towns and pa- rishes, have confirmed this fact by expressly including all these islands Avithin this county, and within the parish of West Isles in the same county. 3. That if tlie right to these islands can be in any manner affected by the dccl :ration of the commissioners under the .5th article of the treaty of amity, commerce and navigation, respecting the mouth of the river St. Croix (which I have endeavoured to shew it caimot be), this declaration confirms and establishes this right in Great-Britain. 4. That not only all these islands belong to Great-Britain, but that of necessary consequence the waters in question llowin;-^ between them also belong to Great-Britain. 5. The admitting, for the sake of argument, the posses- sion Avhich has been taken by the subjects of the United States of three of these islands, to wit. Moose Island, Dud- Icy Island, Frederick Island, to be equivalent to a title to these islands in the United States, nevertheless, by the esta- iples of the hwv of nanons, even in tl pr: case th-?v can claim no right to any part of these waters be- yond the middle line between Dudley Island and Moose in Bi ( S5 ) in Island, in their possession on the one side^ and Campo- Bello Island in the possession of Great-Britain, on the other. 6. That even this claim by the same principles can ex- tend to a right of water-way or navigation only, and not to a right of carrying on trade with British subjects and their vessels in those waters. 7. That admitting even that the United States have a right to trade in this manner as well as to navigate on their side of such middle line, it is proved by all the testimony in the cause, that the sloop in question was clearly on the British side of such middle line, and therefore without the protection of the law. Presuming then that the court will be of opinion that the cargo of the sloop Falmouth was laden on board, within the limits of this province. , No doubt can remain, that this is an offence not only against the laws upon which the prosecution is more imme- diately founded, but against various other British acts of trade, and against the express provisions of the third article of the treaty of amity, commerce and navigation, between Great Britain and the United States. To make a question whether this court will on the one hand consider itself as bound by these laws, or on the other • by its decree sanction and legalize the custom and agree- ment relied upon by the claimant, and indeed his only ground of defence, by which not only these laws, but the laws of the United States are set at defiance, would be an insult which decency forbids me to offer. \Tlie counsel for the Claimant having been fully heard, and the cause closed on the part of the prosecution, his wor- ship William Botsford, esq. Judge of the court, prO' nounced his decree as follows.']. This is the case of the sloop Falmouth, an American j„^g. and foreign vessel, owned and navigated by citizens of the ment. United States of America, seized by George Leonard, esq. superintendant of trade and fisheries in North-Ame- rica, and a preventive officer in the service of his majesty's customs, for taking in a load of plaister of Paris at Snug- Cove, in the county of Charlotte and province of New Bruns- wick, contrary to the provisions and meaning of the statute of 7 & 8 W. 3. c. 22. and by him libelled in this court. , > VH I i 7 ^. J: ^'1^ % \ ( *6 ) A claim has been put in by Ebknfzer Lock, the lat« master, in behalf of himself and others, protesting against the right of Mr. Leonard to make the seizure, and alledg- ing that the said vessel was laden, either within the territo- ries of the United States, or in waters held neutral between Gn-at-Britain and the United States. The objection to IVlr. Lfonakd's right to make the seizure having been over-ruled by the court, the merits of the cause have been very elaborately and ably discussed both on the part of the libellant and claimant. It now devolves on me lo give my opinion *, in doing which, I canrmt but acknowledge, that I feci a painful so- licitude. This is a cause that hus arisen from the conter- minous situation of the waters that divide this province from the United States, and involves n territorial claim, of course important ; a cause of some expectation, and in its conse- quences highly interesting. Whatever may be the peculiar hardships that will attend the decision of the cause, how- ever innocent may have been the intentions of the claimant, they-cannot have any iniluence with the court; for to in- cUnations and feelings the court has no power to give way. If I err in my opinion, I have the consolation, that my in- tentions are just ; and that the sentence of this court is not final,, as an appeal lies to another tribunal, where the error can and will be rectified. It is admitted that the sloop is an American vessel) owned and navigated by citizens of the United States j of course a foreign vessel, owned and navigated by foreigners. The question then arises, can such foreign vessel enior any of the ports or harbours of this provinc e, being one of his ma- jesty's British North American colonies, and carry on com- merce in the same ? It is acknowledged that every nation has a right to make whatever commercial regulations it may think proper, and in the exercise of this right Great-Britain has thought fit to assume to herself the monopoly of the trade of her colonies ; for this express purpose several sta- tutes have been passed, in which the legislature seems to have had this object constantly in view. By the statute of 12 Car. 2. c. 18. otherwise called the navigation act, the palladium of British commerce, which, to use the words of Adam S'viitk in his inquiry into the cause of the weaUh of nations, ** is perhaps the wisest of i^ll the commercial regu- t* laiions of England," all ships of which the owners, mas* 1 •■. Vattel, ( 57 ) tcrs, and three-fourths of the mariner*? are not nrltish sub- jects, are prohibited, upon pain of forfeiting ship and cargo, from trading to the British settlements and plantations in Asia, Africa, or America. By this act England ilrst esta- blished the monojioly of her colonial trade, since which farther provisions have been made by the statutes of \h Car. 2. c. 7. a:ul 7 & 8 W. 3. c. 22. By these statutc« therefore all foreign vessels are prohibited from trading within this province of New-Brunswick, being one of his majesty's provinces in British North-America. The United States then having no right by virtue of these statutes to trade with this province*, it will next be inquired, whether they can ilcrive such right from any treaty or con- vention with Great-Britain. Vattel says, " a nation not ** having naturally a perfect right to carry on a commerce b. c. %. ** with another, may procure it by an agreement or treaty. §• •'^* ** This right is then acquired only by treaties, and relates " to that branch of the law of nations termed conven- ** tional } the treaty that gives the right of commerce, is " the measure and rule of that right." By the treaty of peace the United States most certainly were not allowed to carry on any trade with the British colonies \ and although by the treaty of amity, commerce, and navigation, between his majesty and the United States, regidations were made for governing the trade between the United States and his majesty's dominions in Europe, and the British possessions in the East and West-Indies, and also, " the inlaml iiaviga-' " fion between the territories and countries of the two par- *' ties on the continent of America;" yet no provision was made by which the citizens of the United States are per- mitted to trade with this province, or their vessels admitted into the sea-ports, bays, or creeks of his majesty's North American territories, or intoany of the rivers below the highest port of entry from the sea. It is evident, therefore, that they have not naturally a right to the traile now in ques- tion ; and that they do not derive such right by treaty or compact, provided the same has been carried on \vithin the limits of this province. This therefore leads me to inquire into the boundary line between this province and the United States, the great point in the cause. If the uniform prin- ciple that has governed the parent state has been to exclude all foreigners from her colonics, in order tlujt she might as- jbUi-.i? i!ie monopoly of the colonial trade? is it to he j^re- ; ■ 1 "•■ <1 m >yi •f, 'I fi '. -i I . I' \ I \ li i m k^n .v:|v' ..i ^5' ^1 ^^ !• ( 58 ) sumed that she would allow the limits of this province to remain so indefinite and undetermined as to admit foreign vessels within its ports, and permit them to carry on a com- merce in direct violation of the navigation act, and the other laws of trade ? Whatever may be my private opinion with regard to the exclusive right of Great-Britain to the islands lying in Pas- samaquoddy-Bay, so called, and now in the possessioji of the United States, it cannot have any veight in this cause. I must be governed by the facts which exist. By referring to the charts, which by consent have been used in explanation of the arguments in the cause, I find, after leaving ^«' mouth of the Scoodiac, or St. Croix at Joe's Point, as derermiried* by the commissioners under the fifth article c: the treaty of amity, commerce, and navigation, a pas nge throtigh which the main waters of the river are said to llov/, and by which they are discharged into the Bay of Fundy. This passage or channel is formed on the eastern side, by Deer, Marvel, and Campo-Bello Islands, and on the western side by Moose, Dudley, and Frederick Islands, and in some places by the continent. This province claims and exercises jurisdiction overthe islands forming the eastern side of the chi-nneli which islands are in the possession of his majesty's subjects, inha- bitants of the province of New-Brunswick. The citizens of the United States are in possession of Moose-Island, Dudley- Island, and Frederick-Island, over which the United States claim and exercise undisturbed jurisdiction. I know of no public act of our government from which I can infer its de- nial of tho jurisdiction exercised by the United States over the islands on the western side of the channel, or a disavowal of the right claimed by them to the same; I am therefore to consider this passage or channel as conterminous, and di- viding this province from the United States. The ques- tion then, to whom does this channel or passage belong.? must be referred to the general law of nations, and for its decision we must have recourse to the principles laid down by the most able and distinguished writers on the subject. -. jg " Every nation," says Martens, " has a right to pro- b. 4. ** perty and dominion as far as the middle of all the lakes §•♦• ** and rivers that are situated on its frontiers, at least till " the contrary has been proved, or till another decision has " been agreed upon." « See Appendix, No. II. .? )i ( 59 ) ssage PuFFENDORFF says, that " the gulphs and channels, or Puffm- " arms of the sea, are, according to the regular course, sup- dorft;b. " posed to belong to the people with whose lands they are §', g, encompassed ; but in case different nations border on the same channel, the sovereignty of each shall be conceived to reach into the middle of the water from every part of the respective shore, unless either all the estates have agreed by covenant to use the whole water promiscuously among themselves, and to exercise a general undivided sovereignty over it against foreigners, or else if one par- • " ticular people has obtained a dominion over the whole by pact or the tacit confession of the rest, or by the right of conquest, or because they fixed their station near it, and immediately took it in full possession, exercising acts of sovereignty over the people of the opposite shore ; in " which latter case nevertheless, the other neighbouring states, their fellow borderers, shall be supposed to be lords each of their particular ports, and of so much of the sea as the convenient access to the shore requires.'* Grotius says, " though, in case of any doubt, the juris- Grotiu«» diction on each side reach to the middle of the river, yet ^ -j ^jg it may be, and in some places it has actually happened that the river wholly belongs to one party, either because the other nation has not got possession of the other bank till later, and when their neighbours were already in complete possession cf the whole river, or else because matters were so stipulated by treaty." Vattel says, " that of two nations inhabiting the oppo- ^Y**'* site banks of the river, if neither party can prove that 22. §. ** they themselves or those whose rights they inherit were 'i<^^- " thi first settlers in those tracts, it is to be supposed that ** bo h nations came there at the same time, since neither c' hem can give any reason for claiming the prefer- ( iice ; and in this case, the dominion of each will extend to the middle of the river." From these writers -xe derive this general rule of the law of nations, that when two neighbouring nations inhabit the opposite banks of a river, the dominion of each will extend to the middle of the stream. There are some exceptions to this general rule : but do these exceptions prevent its application to the passage, which is part of the boundary line between this province and the United States .'* certainly not in fa- vour of the American government. . The inhabitants of « ii it t( €( <( <( <{ .;'•■ & I i .'i. H.i .--t ( 60 ) !l !-^nI •^'^ K'-is these states, when they formed a part of the British empire, had a right in common with his majesty's subjects, to na- vigate the waters now under consideration ; but this power did not give them an exclusive possession, nor did they thereby acquire dominion over the whole. The mother country in acknowledging the mdependence of her revolted colonies, had a right to prescribe their limits ; in doing which, she was bound to consult the interest and preserva- tion of that part of her empire, which continued in its alle- giance. The province of Nova-Scotia adhered to the cause of the mother country ; the western limits therefore of that province, it is presumed, were by the treaty of peace made the eastern boundary of the United States ; and the excep- tion in the treaty of such islands, as before or at the time of the treaty of peace were within the limits of the pro- vince of Nova-Scotia, strengthens this presumption. By these limits, therefore, must the United States be governed. That they considered Deer, Marvel, and Campo-Bello Islands as once forming a part of the province of Nova- Scotia, and that they do now consider them as being within the jurisdiction of this province of New-Brunswick, is evident, from their allowing his majesty's subjects to re- main in the undisturbed possession of them. To place this question, therefore, on the broadest ground, and in the most favourable point of view for the citizens of the United States, I will consider them, the moment their independence was acknowledged by the mother country, in the character of a sovereign people, and in the possession of the western side of the channel now in dispute ; that his majesty*s sub- jects were in the possession of the eastern side ; and that neither possessed an exclusive right to the waters of the same. The application of the general rule of the law of nations to this case then will lead me to conclude, that the boundary line between this province and the United States is a line to be drawn through the middle of the channel that divides them, and to which the jurisdiction of each will extend. I am strongly confirmed in this conclusion * by that part of the description of the boundary of the United States, in the second article of the treaty of peace, which says, " East by a line to be drawn along the middle of the " river St. Croix," &c. The commissioners, who made * Sed quere, vide Apps udix, No. I. ( 61 ) the treaty, appear to have adopted the same rule that governs the decision of this court. It has been urged that the west passage lying between Campo-Bello and Dudley and Frederick Islands, is unfit for the navigation of vessels of any burthen, as a bar extends across it in one place, over whicli at lov/ water there are about four feet of water only ; and as the principal channel from the Bay of J'undy into the river St. Croi>; lies to the eastward of Campo-Bello, it has from thence b;en inferred, that the waters to the westward of such channel, or lying between Campo-Bello and Dudley and Frederick Islands, are wholly within and belong to the United States ; or that they are the waters of the river forming the boundary between his majes- ty's dominions and the United States, and as such neutral as tiiey are termed, and common to both nations. It appears in evidence, that the west passage is a considerable channel at high water> at which time there are twenty feet of water on the bar ; that a ship of 300 tons burthen has passed through it ; and that it is the passage principally made use of by the American vessels. But allowing that the passage to the east- ward of Campo-Bello is the principal channel into the St. Croix, and more fit for navigation than the west passage, and that Great-Britain should admit the American vessels to the free navigation of it ; would such admission convey the do- minion of the passage to the United States, r.nd with it, a right to the whole of the west passage, and the waters lying between Campo-Bello and Dudley and Frederick Islands ? With equal propriety it might be said, that Denmark cedes the dominion of the Sound, by permitting the vessels of other nations to pass through it j or that Turkey yields the sove- reignty of theDardanelles, when she allows the ships of Great- Britain or Russia to pass the same. The west passage is one of the channels into the St. Croix, and is a part of the boun- dary between this province and the Unifcd S:r.*^es, to the middle of which I conceive that the jurisdiction of each must extend ; of course the waters cannot be common for any other purposes than those of navigation. I come now to the evidence adduced in this cause, which was very voluminous ; and I shall only touch upon tho«je points, which appear the most material. — It appears that about six years ago an agree.ncnl was made between the de- putj/ of tke custojii-house officers for this port of St. John, •f'kW.. i: 'M ? f' f -'i^ k I u ■ ^ '■ \% '' ■' -i! ' m ,-.fe ( 64 ) was duly imported, it would not be necessary to procure the foreign clearance to entitle them to a re-entry in the ports of the United States; if without the limits of the United States, they must be within the British waters. I cannot sup- pose that the American collector would be guilty of a fraud against the revenue of his country ; and am therefore to con- clude that by this foreign clearance, obtained from the Ame- rican custom-house, in which the destination of the vessel is mentioned, she was considered as being bound into waters foreign to the United States. By viewing the clearance in this light it is a confirmation of the testimony in the cause, and carries with it a conviction, that the sloop when seized, was within the British waters, and that the foreign clearance was obtained to enable her to go there, j^h to the agree- tiient between the custoni-house officers for this port of St. John, and the American collector, by which the waters be- tween Campo-Bello Island and Dudley Island were consider- ed free and common for the vessels of both nations to lade and unlade in, / am clear that no such aiireement can be binding on this court. — When the officers of his maje. /'s customs assented to this, they considered the boundary line between this province and the United States as undetermin- ed ; and I have no doubt they were actuated by the most honourable motives, and supposed themselves as acting with- in the strict line of their duty.— It has been contended that this is a case of extreme hardship, that the intentions of the claimant were innocent, that he was pursuing a course of trade that had/or some years past received the sanction of the British custoin-house officers^ and that a great many American \'essels had been allowed to take in their cargoes at the place where this vessel was seized. — But are the circumstances of this crse so peculiarly hard as to authorise the court to depart from the law, when those in the case of the //or)/;, Cornells , Mastery I Rob. 1 96, would not? In that case the parties act- ed under the advice of the commissioners of the customs at Glasgow, who previously to their giving such advice had con- sulted their own law advisers ; in giving the sentence of the court, Sir William Scott says, " It appears that these parties •* had before applied to the council for special orders, and •* had always obtained them. It is much to be regretted *' that they had not applied again to the same source of in- " formation ; instead of doing so they consulted the com- lissioners of the customs, very proper judges to ascertain C( ill- ( 65 ) " what goods might be imported under the revenue laws ; but ** this is a matter of general law, on which they are not the ' " persons best qualified to give information or advice. The ** intention of the parties might be perfectly innocent ; but " there is still the fact against them of that actual contraven- " tion of the law, wl^ich no innocence of intention can do " away. I may feel greatly for the individuals who, I have ** reason to pre&ume, acted ignorantly under advice that they ** thought safe } but the couirt has no power to depart from ** the law which has been laid down.** The British custom-' house officers in assenting to the line of the neutral or com- mon waters on the Campo-Bello side, exceeded their authority ms officers of the customs, by determining a matter of general law. There is another principle of law, which I think applicable to the present 6ase, recognised by Lord Mansfield, in the case of Berens v. Ruder. 1 Slack* 313, in which he says, **The ** first question is, whther this was a just capture. Both *' sentences are out of the case, being done and undone by ** consent. The capture was certainly unjust \ the pretence was, that part of this cargo was put on board ofFSt. Eustatias out of Barks supposed to come from the French Islands, and not loaded immediately firom the shore; this is now a settled point by the lords of appeal to be the same thing, as if they '* had been landed on the Dutch shore> and then put oil ** board afterwards.** It is admitted that the sloop Falmouth took in her cargo off Snug Cove out of two British vesselsi lying in the stream. These vessels, it appears, came from the upper parts of the bay of Fundy, laden with plaister, arrived at Campo-Bello, and of course must be presumed to have entered at the custom-house at Snug Cove. As these vessels Were lying on the Campo-Bello side, they must have been within the British waters; and agreeably to the law as settled by the laws of appeal, the taking on board her cargo out of the vessels lying in the stream, amounts to the same thing as if it had been taken on board frem the shore, and is a direct violation of the Navigation Act. I am therefore of opinion, that the sloop Falmouth wis laden within the British watets in contravehtion of the Navi- gation Act, and the statute of 7 and 8. W. 3. c. 22, and there- fore decree the vessel and cargo to be fj^feited ;— but con- sidering the particular circumstances of uie present case, I ?hall dismiss the claim without cdsts; « « I n ^,1 I ( CG ) i^i m 5;!^ •I 'i |K,t- I 1| U No. L (B.) ^ The Definitive Treaty of Peace and Friendship between His Britannick Majesty, and the United States of America* Signed at Paris^ the 3d of September, 1783. In the Name of the Most Holy and Undivided Trinity, It having pleased the Divine Providence to dispose the hearts of the most serene and most potent Prince, George the Third, by the Grace of God, King of Great Britain, France, and Ire/and, Defender of the Faith, Dulce of Brunswick and Lunenburgb, arch-treasurer and prince elector of the holy Roman empire, &c. and of the United States of America, to forget all past misunderstandings and differences that have unhappily interruiyted the good correspondence and friendship "which they mutually wish to restore ; and to establish such a bene- ficial and satisfactory intercourse between the two countries, upon the grou nd of reciprocal advantages and mutual convenience, as may pro- mote and secure to both perpetual peace and harn^cny ; and having for this desirable end already laid the foundation of peace and reconci* liation, by the provisional articles signed at Paris, on the 30th of No- vember, 1783, by the commissioners empowered on each part ; which articles were agreed to be inserted in, and to constitute, the treaty of peace, proposed to be concluded between the crown of Great Britain and the said United States, but which treaty was not to be concluded until terms of peace should be agreed upon between Great Britain and France, and his Britannick majesty 'should be ready to conclude such treaty accordingly; and the treaty between Great Britain and France havingsince been concluded,his Britannick majesty and the United States of America, in order to carry into full effect the provisional articles above-mentioned, according to the tenor thereof, have constituted and appointed, that is to say, his Britannick majesty, on his part, David Hartley, esq. member of the parliament of Great Britain ; and the said United Staitsy on their part, John Adams, esq. late a commissioner of the United States of America at the court of Versailles, late delegate in congcess froiTl the state of Massachusetts, and chief justice of the said State, and niinister plenipotentiary of the said I/«(/f J 5/a^» to their higk mightinesses the states general of the United Netherlands; Benjamin. Franklin, esq. late delegate in congress from the state of Fennsjlvania, president of the convention of the said state, and minister plenipoten- tiary from the United States of America at the court of f^ersailles; John Jay, esq. late president of congress, and chief justice of the state of New Tork, and minister plenipotentiary from the said United States at the court of Madrid s to be the plenipotentiaries for the concluding and signing the present definitive treaty : Who, after having recipro- t; ■ ( 67 ) ca11)r communicated their respective full powers, have agreed upon and Confirmed the following articles : Article i. His J3r/V«««;V>f majesty acknowledges the said United States%\\z. Netit Hampshire^ Massachmets Bay, Rhode Island ami Providence P/antutionj, Connecticut, New Tork, New Jerfey, Pennfyl'vanta^ Delaware, Mary*' land, Virginia, North Carolina, South Carolina, and Georgia, to be frc/V; thence along the middle of said communica- tion into lake Erie ; through the middle of said lake until it arrives at the water-communication between that lake and lake Huron ; thence along the middle of said water-communication into the iake Huron ; thence through the middle of said lake to the water-communication between that lake and lake Superior ; thence through lake Superior, northward of the Isles Royal and Phelipeaux, to the Long Lake ; thence through the middle of uaid Long Lake, and the water- comnmnication between it and the lake of the woods, to the said lake of the woods ; thence through the said lake to the most north-western point thereof, and from thence on a due west course to the river Mississippi ; thence» by a line to be drawn along the middle of the said river Mississippi, until it shall intersect the northernmost part of the thirty- first degree of north latitude:— South, by a line to be drawn due east from the de- termination ol the line last-mentioned, in the latitude of thirty-one'de- grees north of the equator, to the middle of the river Apalachicola or Catahouche ; thence along the middle thereof to its junction with the Flint river ; thence straight to the head of 5/. Mary's river, and thence down along the middle of ^V. Marfs river to the Atlantic Ocean :-East, by a line to be drawn along the middle cf the river St. Croix, from its mouth in the bay of Fundy to its source ; and from its source directly north to the aforesaid Highlands, which divide the rivers that fall into the Atlantic Ocean from Uiose which fall into the river St. Lawrence ; V -t ; I ■/ ' 1* -I hm ■■W [ ' ( 68 ) comprchtncling all Islands within twenty leagues of any part of the hhori:s vi tht: Uniteti States, a\k\ lying between lines to be drawn due cast from the points where the aforesaid boundaries between Nova Scotia on the one part, and Eajt Florida on the other, HJiall respec- tively touch the bay of Fundy, and X\^^ Atlantic Ocean : excepting such Islands as now are, or heretofore have beeni within the limits of the laid province of Nova Scotia» Article hi. It is agreed. That the people of the Vnited States shall continue to enjoy unmolested the right to take fish of every kind on the Grand Bank and on all the other banks of Neivfoundland : also in the gulph oi St. Lawrence, and at all other places in the sea, where the inha- bitants of both countries used at any time heretofore to fish. And also that the inhabitants of the United States shall have liberty to take fish of every kind on such part of the coast of Newfoundland as British fisherman shall use, (but not to dry or cure the same on that Island) and also on the coasts, bays, and creeks of all other of his llritannick majesty's dominions in America ; and that the American fishermen shall have liberty to dry and cure fish in any of the unsettled bays, harbours, and creeks of Nova Scotia, Magdalen Islands, and Labrador, 8o long as the same shall remain unsettled ; but so soon as the same, or either of them, ihall be settled, it shall not be lawful for the said fishermen to dry or cure fish at such settlement, without a previous agreement for that purpose with the inhabitants, proprietors or pos- sessors of the ground. Article iv. It is agreed. That creditors on either side shall meet with no lawful impediments to the recover/ of the full value in sterling money of all honiijide debts hert-tofore contracted. Article v. It is agreed, That the congress shall earnestly recommend it to the legislatures of the respective states, to provide for the restitution of all e>tate8, rights, and properties which have been confiscated, belonging to real British subjects : and also of the estates, rights, and properties of persoub resident in districts in the possession of his majesty's arms, and who have not borne arms against the said United States : and that persons of any other description shall have free liberty to go to any part or parts of any of the thirteen United States , and therein to re- main twelve months unmolested in their endeavours to obtain the re- stitution of such of their estates, rights and properties as may have been confiscated : and that congress shall also earnestly recommend to the several states, a reconsideration and revision of all acts or laws regarding the premises, so as to render the said laws or acts perfectly consistent, not only with justice and equity, but with that spirit of conciliation, which, on the return. of the blessings of piace, should universally prevail. And that congress shall also earnestly recom- mend lo-the several states, that the estates, rights, and properties of -such last-mentioned persons shall be restored to them, they refunding •i! 1 m ( 69 ) to any pcT8on« who miy be now in poBscssion the bona Jidt prict (where any has Ixrn givrn) which such persons may haTc paid on pur* chasing any of the said lands, rights, ur properties since the contisca* tion. And it is agreed, That all persons who have any interest in confis- cated lands, either by debts, marriage settlements, or otherwise, shall meet with no lawful impediment in the prosecution of their jurit rights. Article vi. That there shall be no future confiscations made, nor any prosecu- tions commenced against any person or persons, for or by reason of the part which he or they may have taken in the present war ; and that no person shall on that account suffer any future loss or damage either in his person, liberty, or property ; and that thos*? who may be in confinement on such charges at the time of the ratification of^the treaty in America shall be immediately set at liberty, and the prosecu- tions so conimenced be discontinued. Article vii. There shall be a firm and perpetual peace between hiij Britnnnick majesty and the said States^ and between the subjects of the one and the citizens of the other, wherefore all hostilities both by sea and land shall from hepceforth cease : all prisoners on both sides shall be ket at liberty, and his Britannick majesty shall with all convenient speed, and without causing any destruction, or carrying away any negroes, or other property of the American inliabitants, withdraw all hia armies, garrisons and fleets from the said United States^ and from every port, place, and harbour within the same ; leaving in all fortifica' tions the American aitillery that may be therein : and shall also order and cause all archives, records, deeds, and papers belonging to any of the said States^ or their citizens, which in the course of the war may have fallen into the hands of his officers, to b<-' forthwith restored and delivered to the proper states and persons to whom they belong. Article viii. The navigation of th«! river Mississippi^ from its source to the ocean, shall for ever remain free and open to the subjects of Great Britain, and the citizens of the United States. Article ix. In case it should so happen that any place or territory belonging to Great Britain, or to the United States, should have been conquered by the arms of either, from the other, before the arrival of the said pro- visional articles in America, it is agreed that the same shall be restored without difHculty, and without requiring any compensation. Article x. The solemn ratifications of the present treaty, expedited in good and due form} shall be exchanged between the contracting parties in I ' i■^\ -rl . f y I I , ', r , i! ( 70 ) thr apace of six montln, or sooner, if possil>Ic, to be computed from the day of tlir signatiirt' of the present tn-aty. In witnnis whrrroi", wr, the undersigncu, tlu'ir ministors plenipo- t«'ntiary, I'avf in tlu-ii* tiaini-, and in virtue of our full powers, signed with our hands the present definitive treaty, and caused the seals of our arms to be .iffixid thereto. Done at Paris, this third day o^ September^ in the year of our Lordi one thousand seven hundred 4ud eighty-tiiree. (L. S.) John Adams. (L.S.) D. IIartlev. (L. S.) H. 1'ranklin. (L. S.) John Jav. rl Jlis Britannic Majcstj/s Full Power, GEORGE R. Kf^ 'i ii H^ GEORGE tht' third, by the grace of God, King of GrMt Briiahf France and Ireland, Defcndtr of tiie Faith, Duke of Brunswick and Lunenhurj^hi arch-trcasurtr and piincc elector of the holy Roman em- pire, &c. To all to whom tht'sc presents shall come, greeting: vrhereas for the prrftcting and establishing, the peace, friendship, and good undersl.indiiig, bo happily commenced by the provisional ai ti- des- signed a. Paris the thirtieth day of November last, by the com- missioiicrs of us atnl our good fri:"! ds the United States of America^ viz. N'VJ Ilaynpshirey Massachusuts Day, Rhode Island, Connecticut^ Neil) Tcrk, Ki-w Jersey, Pennsyl'vania, the three lower counties on JJeld ivat . , Maryland, Virginia, North Carolina, South Carolina, and Georgia, in North America; and for opening, promoting, and render- ing perpetual, the mutual intercourse of trade and commerce between •ur kingdoms and the dominions of the said United States, we have thought proper to invest some fit person with full powers, on our part, to meet and conftM- with the ministers of the said United States, now residing at Paris, duly authorized for the accomplishing of such laudable and s ilutary purposes; now know ye, that we reposing special trust and confidence in the wisdom, loyalty, diligence and circum- spection of our trusty and well-beloved David Hartley, esq. (on whom we have therefore conferred the rank of our minister plenipotentiary) have nominated, constituted and appointed, and by these presents do nominate, constitute and appoint him our true, certain, and un- doubted commissioner, procurator, and plenipotentiary ; giving and granting to him all and all manner of faculty, power, and authority, together with general as well as special order (so as the general do not derogate from the special, nor on the contrary) for us, and in our name, to meet, confer, treat, and conclude with the minister or ministers furnished wiih sufficient powers, on the part of our said good friends the United States of America, of and concerning all such matters and things as may be requisite and necessary for accomplish- ing and completing the several facts and purposes herein before men- tioned ; and also for us, and in our namei to sign such treaty or ( 7i ) treaties, contention or conventions, or other fnstnimcnta whatsoever, an nuy he a^ro- .1 u;u)ii in the prcmist,!, niul mntu;illy to deliver anil receive the s^ame iu excliangc ; ami to do and pcilonn ;.II . iich otlier acts, miitit i;, ind things, as may he anyways proper and conducive to thi' pniptses ahovr mentioned, in as tull anement be- ing to be settled at the time: of the e}i.vhange of the ratificutioHs uf ■J 'ii M A- ■^: -vf- m ^: ■* V ilk -'■ 'III ( 80 ) H '.'-V *''•'% this treaty. Anl all other expences attending the said commission* shall be defrayed jointly by the two parlii's, the same being previ- ously ascertained and tallowed by the majority of the commissioners. And in the case of death, sickness, or necessary absence, the place of every such commissioner respectively shall be supplied in the same manner as such commissioner was first appointed, and the new com- missioner shall take the same oath or aflirmation, and do the same duties. Article ix. It is agreed, that British subjects, who now hold lands in the ter- ritories of the United StateSy and American citizens, who now hold jands in the dominions of his majesty, shall continue to hold them according to the nature and tenure of their respectivt; states and titles therein; and may grant, sell, or devise the same to whom they please, in like manner as if they were natives ; and that neither they, nor their heirs or assigns, shall, so far as may respect the said lands, and the legal remedies incident thereto, be -egarded as aliens. Article x. Neither the debts due from individuals of the one nation to indi- viduals of the other, nor shares, nor monies, which they may have in the public funds, or in the public or private banijs, shall ever, in any event of war or national dirterences, be sequestered or confiscated, it being unjust and impolitic that debts and engagements contracted and m.ide by individuals having confidence in each other, and in their respective governments, should ever be destroyed or impaired by national authority, on account of national difierences and discontents. Article xi. Tt is agreed between his majesty and the United States of America, Ihat there shall be a reciprocal and entirely perfect liberty of naviga- tion and commerce between their respective people, in the manner, ii.uter the Habitations, and on the conditions specified in the following aiticles. Article xii. His majesty consents, that it shall and may be Inwful, during the time hereinafter limited, for the citizens of the United States to carry to any of his majesty's islands and ports in the West Indies from the United States, in their own vessels, not being above the burthen of seventy tons, any goods or merchandizes, being of the growth, ma- nufacture or produce of tlie said States, which it is or may be lawful to carry to the said islands or ports from the said States in British vessels ; and that the said American vessels shall b(; subject there to no other or higher tonnage duties or charges than shall be payable by yir;7/j/; vessels in the ports of the United States; and that the cargoes of tin; s.ud American vessels shall be subject there to no other or higher duties or charges than shall be payable on the like articles, if imported there from the said States in British vessels. And his majesty also consents, that it shall be lawful for the said jtmeriran citizens to purchase, load, and carry away, in their said ( n ) tessels, to the United States, from the said islandi and ports, all such articles, being of the growth, manufacture, or produce of the said islands, as may now by law be carried from thence to the said States in J3r///jj& vessels, and subject only tn the same duties and charges on exportation to which British vessels and their cargoes are or shall be •UDJect in similar circumstances. Provided always. That the said American vessels do carry and land their cargoes in the United States only, it being expressly agreed and declared, that during the continuance of this article, the United Stmtei will prohibit and restrain the carrying any melasses, sugar, coffee, cocoa or cotton, in American vessels, either from his majesty's islands pr from the United States, to any part of the world, except the United States, reasonable sea stores excepted. Provided also. That it shall and may be lawful, during the same period, for British vessels to import from the said islands into the United States, and to export from the United States to the said islandtf all articles whatever, being of the growth, produce, or manufacture of the said islands, or of the United States respectively, which now may, by the laws of the said States, be so imported and exported. And that the cargoes of the said British vessels shall be subject to no other or higher duties or charges than shall be payable on the same articles, if so imported or exported in American vessels. It is agreed that this article, and every matter and thing thereia contained, shall continue to be in force during the continuance of the war in which his majesty is now engaged ; and also for two year* from and after the day of the signature of the preliminary or other articles of peace by which the same may be terminated. And it is further agreed. That, at the expiration of the said term, the two contracting parties will endeavour further to regulate theif commerce in this respect, according to the situation in which hia majesty may then find himself with respect to the fVest Indies, and with a view to such arrangements as may best conduce to the mutual advantage and extension of commerce. And the said parties will then also renew their discussions, and en- deavour to agree, whether in any or what cases neutral vessels shall protect enemy's property ; and in what cases, provisions and other articles, not generally contraband,, may become such, fiut, in liie mean time, their conduct towards each other in these respects shall be regulated by the articles hereinafter inserted on those subjects. Article xiii. His majesty consents that the vessels belonging to the citizens of the United Stmtes of America shall be admitted and hospitably received in all the sea-ports and harbours of the British territories in the East' Indies. And that the citizens of the said United States may fre«;!y carry on a trade between the said territories and the said United States in all articles, of which the importation or exportation respectively to or fron?. the said territories shall not be entirely prohibited. Pro- vided only, that it shall not be lawful for them, in any time o^ war between the British government and any other power or state what- ever, to export from the said territories, without the special permis- sion of the Britisb government there, any military stores or naval 1 '', ( S2 ) '■) . ■^. ,!': I ; litorcs, or rice. The citizens of the UniteJ Statej shall p,iy for their vehsds, when ailmittod into the said ports, no othor or higher ton- nage duty than shall be payable on Britiih vessels when admitted into the ports of the United States. And they shall pay no other or higher duties or charges on the importation or exportation of the cargoes of the said vessels than shall be payable on the same articles when imported or exported in British vessels. But it is expressly agreed, tliat the vessels of the United States shall not carry any of the articles exported by them from the said British territories to any port or place, except to some port or place in America, where the same shall be unladen ; and such regulations shall be adopted by both par- tics as shall, from time to time, be found necessary to enforce the du>.* and faithful observance of this stipulation. It is.ilso upderstood, that the permission granted by this article is not to extend to allow the vessels of the United States to carry on any part of the coasting trade of the said iJnVw/^ territories ; but vessels going with their original cargoes, or part thereof, from one port of discharge to another, are not to bi" considered as carrying on the coast- ing trade. Neither is this article to be construed to allow the citi- zens of the said States to settle or reside within the said territories, or to \\o into the interior parts thereof, without the permission of the 5/v7/j/jgov(.Tnment established there; and if any transgression should be attempted against the regulations of the British government in this respect, the observance of the same shu," and may be enforced against the citi/.ens of America, in the same manner as against British subjects, or others * uigressin^? the same rule. And the citizens of the United States, whenever they arrive in any port or harbour in the said terri- tories, or if they should be permitted, in manner aforesaid, to go to any other place therein, shall always be subject to the laws, govern- ment, and jurisdiction of whatever nature established in snch harbour, port, or place, according as the same may be: the citizens of the United States '";iay also touch, for refrethment, at the island of St. Kaena, bn* subject, in all respects, to such regulations as the British government may from time to time establish there. Article xiv. There shall be between all the dominions of his mrjesty in Europe, and the territories of the United States, a reciprocal and perfect liberty of commerce a"d navigation. The pe .pie and inhabitants of the two countri(;s respectively shall have liberty freely aT)d securely, and without hindrance and molestation, to come with their ships and car- goes to the l.HiJs, cciintric, cities, ports,, places and rivers, within the dominions and territories afi'resaid, to enter into the same, to re- sort there, a;.d to rct.iain and reside th..Te, v/ilhout any limitation of time: also to hire and possess hou'.cs and warehouses for the pur- poses of thei:('ommerte, and generally, the merchants and traders on each sclo s'ajll enjoy the most complete protection and security for their rommc-ce, but sul)ject always, as l.i what respecls this arti- cle, to the laws and statutes o'; the two countries respectively. Article xv. It is agreed that no other or higher duties shall be paid by the shipi i V for thoir ;her ton- admittfd <»tht'r or on of the ic articles fxprcsbly ny of the any port the same both par- »! the du^" I article is ry on any •Ut Vt'SS»il» ic port of the coast- vv the citi- itories, or on of the on should ent in this cd against b subjects, the United said lerri- , to go to s, govern- 1 harbour, ns of the and of St. le Britiih n Europt, "cct liberty nls of the uvely, and s and car- rs, within n me, to re- itation of r the pur- lul traders i security this arti- y- '}\ y the shipi ( 83 ) or merchandi/c of the one party in the ports of the other, than such as are paid by the lik(; vessels or mercliandi/e of all other nations. Nor shall any other or higher duty be innponed in one country on the im- portation of any articles, the growth, produce, or manufacture of the other, than arc or shall be payable on the importation of the like ar- ticles being of the growth, produce, or manufacture of any other foreign country. Nor shall any prohibition be imposed on the ex- portation or importation of any articles to or from the territories of th(! two parties respectively, which shall not equally extend to all other nations. But the iJnVijA government reser^res to itself the right of imposing on American vessels entering into the British ports in Europe a tonnagw duty equal to that which shall be payable by British vessels in the ports oi America ; and also such duty as may be adequate; to coun- tervail the difference of duty now payable? on the importation of Eu' ropean and Asiatic goods wliea imported into the United States in British or in American vessels. The two parties agree to treat for the more exact equalization of the duties on the respective navigation of their subjects and people in such manner as may be most beneficial to the two countries. The arrangements for this purpose shall be made at the same time with those mentioned at the conclusion of the twelfth article of this treaty, and are to be considered as a part thereof. In the interval, it is agreed, that the United States will not impose any new or additional tonnage duties on British vessels, nor increase the now subsisting difference between the duties payable on the importation of any ar- ticles in British or in American vessels. Article xvr. It shall be free for the two contracting parties respectively to ap- point consuls for the protection of trade, to reside iii the domiiiions and territories aforesaid ; and the said consuls shall enjoy those liber- ties and rights which belong to them by reascm of their function. But before any consul shall act as such, he shall be in the usual forms approved and admitted by the party to whom he is sent ; and it is hereby declared to be lawful and proper, that in case of illegal or im- proper conduct towards the laws or government, a consul may either be punished according to law, if the laws will reach the case, or be dismissed, or even sent back, the offended government assign- ing to the other their reasons for the same. Either of the parties may except from the residence of consuls such particular places as such party shall judge proper to be so excepted. Article xvii. It is agreed, That in all cases where vessels shall be captured or de- tained on just suspicion of having on board eiiemy's property, or of carrying to the enemy any of the articles which are contraband of war, the said vessel shall be brought to the nearest or most conve- nient port ; and if any property of an enemy should be found on board such vessel, that part only which belongs to the enemy shall be made prize, and the vessel shall be at liberty to proceed with the remalndei without any impediment. And it is agreed that all pro- G a vm :t ilir .;: ^1 1 itd tlf ( «* ) per nne\vent delay, in deciding the cases of shipt oc cargcH'8 so brought in for abjudication ; and in thu pa/ment or recovery of any indemnification adjudged or agreed to be paid to the mafters or owners of such ships. Article xviii. In order to regulate what is in future to be esteemed contraband of war, it is agreed, that under the said denomination shall be comprised all arms atid implements serving for the purposes of war, by land or by sea, such as cannon, muskets, mortars, petards, bombs, granailoes, carcasses, sauci&ses, carriages for cannon, muskets, rests, bandoliers, gunpowder, match, saltpetre, ball, pikes, swords, head-pieces, cuirasces, halberts, lances, javelins, horses, horse-furniture, holsters, belts, and generally, all other implements of war ; as also timber for &hip-buildtrg, tar or rosin, copper in sheets, sails, hemp and cordage, iand generally, whatever may serve directly to the equipment of vessels, unwrought iron, and fir planks only excepted ; and all the above arti- cles are hereby declared to be just objects of confiscation, whenever they are attempted to be carried to an enemy. And whereas the difficulty of agreeing on the precis*; cases in which alone provisions and other articles, not generally contraband, may be regard(xi as such, renders it expedient to provide against theinconve- niencies and misunderstandings which might thence arise: it is fur- ther agreed, that whenever any such articles so becoming contraband according to the existing laws of nations, shall for that reason be seized* the same shall not be con fi scat* .1, but the owners thereof shall be speedily and completely indemnified ; and the captors, or, in their default, the government under whose authority they act, shall pay to the masters or owners of such vessel the full value uf all articles, with a reasonable mercantile profit thereon, together with the freight, and also the demurrage incident to such detentic. And whereas it frequently happens, that ves^t.s sail for a port or place belonging to an enemy, without knowing that the same is either besieged, blockaded, or invested; it is agreed, that every vessel so circumstanced may be turned away from such port or place, but she shall not be dc'.air.ed, nor her cargo, if not contraband, be confiscated, unless, after notice, ^he shall again attempt to enter : but she shall be permitted to go to any other port or place she may think proper ; nor shall any vessel or goods of either party, that may have entered into such port or place before the same was besieged, blockaded, or invested by the other, and be found therein after the reduction or sur- render of such place, be liable to confiscation, but shall be restored to the owners or proprietors thereof. Article xix. And that more abundant care be taken for the security of the re- tpective subjects and citizens of the contracting parties, and to pre- vent their suffering injuries by the men of war or privateers of i ither party, all commanders of ships of war and privateer^, and all otiiers the said subjects and citizens, shall forbear doing any damago to those of the other party, or committing any outrage against them ; .I'lfl if they; .»«'! >!lil ii II ll^rir of the other ; and that ; without prejudice to their mutual fricndahip and good understanding. Article xxvii. It is further agreed, That his majesty and the United States^ on mu- tual requisitions by them respectively, or by their respective ministers, or officers authorized to make the same, will deliver up to justice all persons, who being charged with murder or forgery, committed with- in the jurisdiction of either, shall seek an asylum within any of the countries of the other, provided that this shall only be done on such evidence of criminality, as, according to the laws of the place where the fugitive or person so charged shall be found, would justify his apprehension and commitment for trial, if the offence had there been committed. The expence of such apprehension and delivery shall be borne and defrayed by those who make the requisition and receive the fugitive. Article xxviii. It is agreed that the first ten articles of this treaty shall be perma- nent, and that the subsequent articles, except the twelfth, shall be limited in their duration to twelve years, to be computed from the day on which the n ifications of this treaty shall be exchanged, but subject to this condition : — That whereas the said twelfth article will expire, by the limitation therein contained, at the end of two ycard from the signing the preliminary or other articles of peace which shall terminate the present war in which his majesty is engaged ; it is ag.eed, that proper measures^hall by concert be taken for bringing the sub- ject of that article into amicable treaty and discussion, so early before the expiration of the said term, as that new arrangements on that head may by that time be perfected, and ready to take place. But if it should unfortunately happen, that his majesty and the United States should not be able to agiee on such new arrangements, in that case all the articles of this treaty, except the first ten, shall then cease and expire together. Lastly, This treaty, when the same shall have been ratified by hi* majesty, and by the president of the United States^ by and with the advice and consent of their senate, and the respective ratifications mu- tually exchanged, shall be binding and obligatory on his majesty, and on the said Statesy and shall be by them respectively executed and observed with punctuality, and the most sincere regard to good faith. And whereas it will be expedient, in order the better to facilitate in- tercourse and obviate difficulties, that other articles be proposed and added to this treaty, which articles, from want of time and other circumstancfs, cannot now be perfected, it is agreed, that the sa'd parties will, from time to time, readily treat of and concerning such artiele«, and will sincerely endeavour so to form them, as that they may conduce to mutual convenience, and tend to promote mutual satisfaction and friendship ; and that the said articles, after having bee» duly ratified, shall be added to, and make part of this treaty. In faith whereof, We, the undersigned ministers plenipotentiary of liis majesty the kin^ oi Great Britain and the United States QiAmtricii, m I''.', ( 89 ) have signed this present treaty, and have caused to be affixed thcret* the seal of our arms. Done at London^ this nineteenth day of No-vembery one thousand fccvcn hundred and ninety-four. Grenvilie. (L.S.) John Jay. (L. S.) 'm 4' ■ SIR, Philadetphiay Sept. 5, I793. I AM honoured with yours of August 30. Mine of the 7th of that month assured you, that measutes were taken for exchiding from all further asyhin in our ports vessels armed in them to cruize on nations with which we are at peace, and for the restoration of the prizes, the Lovely Lass, Prince Williarii Henry, and the Jane, of Dublin ; and that should the measures for restitution fail in their effect, the pre- sident considered it as incumbent on the United States to make com* pensation for the vessels. We are bound by our treaties with three of the belligerent nations^ by all the means in our power, to protect ai-d defend their vessels and effects in our ports or waters, or on the seas near our shores, and to recover and restore the same to the right owner"* when taken from them. If all the means in our power are used, and fail in their effect, we are not bound by our treaties with those nations to make com- pensation. Though we have no similar treaty with Great Britain^ it was the opinion of the president, that v e should use towards that nation the same rule, which, under this article, was to govern us with the other nations ; and even to extend it to captures made on the high seas, and brought into our ports, if done by vessels which had been armed within them. Having, for particular reasons, forbore to use all the means in our power for the restitution of the three vessels mentioned in my letter of August 7th, the president thought it incumbent on the Unitfd States to make compensation for them. And though nothing was said in that letter of other vessels taken under like circumstax'ces, and brought in after the oth af Juney and before the date of that letter, yet, when the same forbearance had taken place, it was and is his opinion, that compensation would be equally due. As to prizes made under the same circumstances, and brought in after the date of that letter, the president determined, that all the means in our power should be used for their restitution. If these fail, as we should not be bound by our treaties to make compensation to the other powers in the analogous case, he did not mean to give an opinion that it ought to be done to Great Britain. But still, if any case shall arise subsequent to that date, the circumstances of which shall place them on similar ground with those before it, the president would think compensation equally incumbent on the United States. Instructions are given to the governors of the different states, to use all the means in the'r power for restoring prizes of this last de- scription found within their ports; though they will of course take ncasurcs to be informed of them, and the general government has I ( - 1; ' \ ■ V- 1- ; t :'' i A H " K ■ ' -.; !>■ ■ ■'■"I ':^. ;[ ' -ft ( 00 ) :'l 1 m If ili^if^Hi given tbcm thr aid of tho ciistomhousp ofTiccrs for this purpose, yf't you 'vill br sensible of the import.anci' of multiplying the chan- nels of their information, as far as shall depend on yourself, o- any person ui. 'cr your direction, in order tha tlie guverjiois may use the means in their powcM" for malcinji restitution. Without knowledgeof the capturi'tht?y cannot restore it. It would always behest to give the notice to them directly ; but any informa- tion which you shall be pleased to wend to vne aho at any time shall be forwarded to them as quickly as distance wili permit. Hence you will perceive, sir, tnat the president contemplates resti- tution or compensation in the cases before tl e 7ih o'i August ; and after that date, restitution, if it can be eiFecled by .my ir^ .ins in our power: and that it will be important that you should siibstartiate the fact, that such prizes are ia our ports or waters. Your list of the privateers illicitly armed in our ports is, I believe, con-ect. With respect to losses by detention, waste, or spoliation, sustained by vessels takcjn as before-mentioned, between the dates of June 5th and August 7th, it is proposed, as a provisional measure, that the col- lector of the customs of the district, and the British consul, or any other person you please, shall appoint persons to establish the value of the vessel and cargo at the time of her capture, and of her arrival in the port into which she is brought, according to their value in that port. If this shall be agreeable to you, and you will be pleased to signify it to me, with the names of the prizes understood to be of this description, instructions will be given accordingly to the collectors of the cUiJtohis where the respective vessels are. I have the honour to be, &c. ( Signed ) THOMAS JEFFERSON. Additional Article. IT is further agreed between the said contracting parties, that the operation of so much of the twelfth article of the said treaty as re- spects the trade, which his said majesty thereby consents may be carried on between the United States and his islands in the IVest Indies, in the manner and on the terms and conditions therein specified, shall be suspended. WE therefore, by virtue of these presents, do approve and r: 'fy the said treaty, together with the said additional article, as the same are respectively set forth in this instrument of ratificati' i; promising and engaging our royal word, that we will faithfully and religiously perform and observe all and singular the things agreed upon in this treaty, and that we will not suffer the same to be violated by any one, as far as lies in our power. For the greater testimony and va- lidity whereof, we have caused our great seal to be affixfid to the'* presents, which we have signed with our royal hand. Given at our court at St. James's, the twenty-eighth day of Of/o^ in the thirty sixth year of out reign. 1 { 91 ) Ratification of the United Staffs. George Washington, pre si dcntofthe United States ot America^ To all and singular to whom these presents shall come, greeting:. WHEREAS a certain treaty of amity, commerce, and navigation bet"'een the United States oi America and his britannick majesty waa concluded and signed between their plenipotentiary the honourable Jchn Jay^ chief justice of the United States, and their envoy extraor- dinary to his snid majesty, and the plenipotentiary of his ^r;/<:Jw«/V* majesty, the right honourable IVillinm IVyndbam, Baron Grenville of ffotton, one of his majesty's privy council, and his majesty's secretary of state for foreign affairs, at London, on the nineteenth day oi Novem- ber, in the year of our Lord one thousand seven hundred and ninety- four ; which treaty is word for word as follows j to wit, {Here follows the trenty.~\ And whereas the senate of the United States did, by their resolu- tion on the twenty-fourth day o^June, in the year of our Lord 1795, (all the senators of the United States being then present, and two- thirds thereof concurring) *' consent to and advise the president of the *• United States to ratify the treaty of amity, commerce, aud naviga- " tioii, between his Britannick majesty and the United States of *' America, concluded at London the nineteenth day of lio-vember^ ** 1794, on condition th?t there be added to the said treaty an article, ** whereby it shall be agreed to suspend the operation of so much of *' the twelfth article as respects the trade which his said majesty " thereby consents may be carried on between the United States and his Islands in the IVest Indies^ in the manner, and on the terms and conditions tlierein specified. And whereas it will satisfy, and be conformable with the said advice and consent of the senate, if there be added to the said treaty an article in the following words, that is to say, ADDITIONAL ARTICLE. ** It is further agreed between the said contracting parties, that the ** operation of so much of the twelfth article of the said treaty as ** respects the trade which his said majesty thereby consents may be *' carried on between the United States and his Lslands in the West " Lidies, in the manner and on the terms and conditions therein " specified, shall be suspended. '* Now, therefore, I George Washinpon, president of the United States of /irtii-rica, having seen and considered the treaty and additional article aforcs,iid, do, in pursuance of the aforesaid advice and con- sent of the senate of the United States of America, by these presents, ratify, accept, and confirm the said treaty and the said additional aiti- cle, as the same are herein set forth. And 1 do moreover hereby declare, that the said treaty and the sai J additional article form together one instrument, and are a treaty be- tween the United States of America and his Britannick majesty, made << (« m 1 , V .'. '^t i I Ida |1 ': , , '■i 1 H ( 92 ) by the pre^dent of the United States f by and with the advice and con* •cnt of the senate thertof. For the greater testimony and validity of all which, I have (Seal-) caused the great seal of the United States oi America to be affixed to these presents, and have signed the same with my hand. Given at the city of Philadelphia^ the fourteenth day of August^ in the year one thousand seven hundred and ninety-five, and of the independence of the United States of America the twentieth. (Signed) Geo. Washington. By the president of the United States of America, ig^ed) £dm. Randolph, Secretary of State for the United States of America, \\-^ ' n ^-|- ;l"v- i His Majesty's full Power. GEORGE R. GEORGE the third, by the Grace of God, King of Great Britai/tt France, and Ireland, Defender of the Faith, Duke of Brunswici and Lunenburg, arch treasurer and prince elector of the holy Roman em» pire, ^c. To all to whom these presents shall come, greeting. Where- as, for the perfecting, confirming and rendering perpetual the peace, friendship and good understanding between us and our good friend* the United States of America, for adjusting and terminating all subsist- ing difTerences and disputes, from whatever cause the same may have arisen between us and the said United States; or between our subjects and the people or inhabitants of the said States; for re- moving the grounds of future dissensions, and for promoting and extending the mutual intercourse of trade and commerce between our dominions and the territories of the said United States, we have thought proper to invest some fit person with full powers on our part to confer, treat and conclude with John Jay, esquire, the envoy ex- traordinary of the said United States to our court, now residing at our said court, and duly authorized in that behalf on the part of the said United States. Now know ye, that we, reposing especial trust and confidence in the wisdom, loyalty, diligence and circumspection of our right trusty and well-beloved counsellor William Wyndham^ Baron Crenvtlle of Wotton, and our principal secretary of state for foreign affairs, have nominated, constituted and appointed, and by these presents do nominate, constitute and appoint him our true, certain and undoubted commissioner, procurator and plenipotentiary ; giving and granting to him all and all manner of faculty, power and authori- ty, together with general as well as special orders (so as the general do no derogate from the special, nor on the contrary) for us and in our name to meet, confer, treat and conclude with the said minister, furnished with sufficient powers on the part of our said good frierd* the United States of America, of and concerning all such matters and things as may be requisite and oeceasary for agcomplisbiiig and com« K:' ( 03 ) pHing the several ends and purposes herein before mentioned ; and also for us and in our name to sign such treaty or treaties, convention or conventions, or other instruments whatsoever, as m.iy be agreed upon in the premises, and mutually to deliver and receive the same in exchange ; and to do and perform all such other acts, matters and things as may be any ways proper and conducive to the purposes abovernentioiied, in as full and ample form and mawner, and with tlve like validity and effect as we ourself, if we were present, could do and perform the same ; engaging and promising on our royal word, that we will accept, ratif"/ and confirm, in the most effectual manner, all «uch acts, matters and things as shall be so transacted and concluded by our aforesaid commissioner, procurator and plenipotentiary, ?' A that we will never suffer any person to violate tUe same, in the whole or any part, or to act contrary thereto. In testimony and confirmation of all which, we have caused our great seal of Grtat tritain to be affixed to these presents, signed with our royal hand. Given at our palace at St. James i the seventeenth day of Novem- hert in the year of our Lord one thousand seven hundred and ninety-four, and in the thirty- fifth of our reign. Full Power of the Uuited States. George Wash i n gton, president of the United States of Americat To all and singular whom these presents shall concern, gi'eeting. KNOW ye, that, for the purpose of confirming between the United States of America and his Britannick majesty perfect harmony and a good con'cspondence, and of removing all grounds of dissatisfaction, and from a special trust and confidence in the integrity, pnidenct? and abilities of John Jajt chief justice of the United States, I have nominated, and, by and with the advice and consent of the senate, appointed the said John Jay envoy extraordinary of the United States to his jBri/rt«KiVi majesty, hereby giving and granting to him full and all manner of power and authority, as also a general and special com- mand, at the court of his said majesty, for and in the name of the United States, to meet and confer with the minister's, commissioners deputies of his said majesty, being furnished with sufficient autho- rity, whether singly and separately, or collectively and jointly, and with them to agree, treat, consult and negociate of and concerning all matters and causes of difference subsisting between the United States and his said majesty, whether the same respect the inexccuticin or in- fraction of the armistice declaring a cessation of hostilities between the United States oi America and his Britannick majesty, at yersailUs^ on the »oth of January^ '783, or the definitive treaty of peace made between the United States and his said majesty on the 3d of Septem- ber, 1783, or the inftructions of his said majesty to his ships of war and privateers, of whatsoever date, but "specially on the 8th of Jumy 1793, the 6th of Nevembery I793» and the 8th of January^ 1794 ; or restitution or compensation in the cases of capture or seiz ure made ■•f the property of the citizens of the United States by the said shipj "m ■fy- if 'V' m . T ( 94. ) !i of war and privateers, or retribution for the injurice received tlier**- from by any citizen of the United States : and also of and concerning the general commerce between the United States and the kingdoms and dominions of his Britannick majesty, wheresoever they may be ; to conclude and sign a treaty or treaties, convention or conventions, touching the premises ; transmitting the same to the president of the United States oi America for his final ratification, by and with the advice and consent of the senate of the United States. In testimony whereof, I have caused the seal of the United (L. S.) States to be hereunto affixed. Given under my hand, at the city of Philadelphia^ this sixth day of A'^y, one thousand seven hundred and ninety four, and of the in- dependence of the United States of America the eigh- teenth. (Signed) Geo. WAStiiNcxov. By the president of the United States of America^ (Signed) Eom. Randolph, Secretary of State. if' Nu Ilf.. ( 05 ) X -. r. ' ' No. iir. EXPLANATORY ARTICLE, signed at PhUaileluhia, the 4ili of May, 1796", to be adtie.l to the TREATY of Amity, Commerce, and Navigation, l)etwceM his liri- tatuikk Majesty and the Unilcd Slates of Ainerkay signed at London, the I9th oi November, 1794. WHEREAS by the third article of the treaty of amity, commerce, and navigation, conchided at London on the nineteenth day of AV I'fmber, one thousand seven hundred and ninety-four, between his Britannic majesty and the United States of Americn, it was agt, commerce, and navigation; and it being the sir cere desire of his Britaniiick m;i' jesty and f)f the United States that tnis point should be so explaiiud as to remove all doubts, and promote mutual satisfaction and fiiend- ship ; and for this purpose his Britannick majesty, havmg named for his commissioner Phineas Bond, esquire, his majesty's consul general for the middle and southern stat<'s of America, (and now his ma- jesty's charge d'affaires to the United States), and the president of the United States \\3.s\n^ named for their commissioner T'/wo//^ P!ckeringi\ esquire, secretary of state of the Ur/ited States, to whom, agreiabiy to the laws of the United -'fates, he has entrusted this negociation ; they the said commissioners, having communicated to each other tiieir full powers, have, in virtue of the same, and conformably to the spirit of the last article of the said treaty of amity, commerce, and navi^'a- tion, entered into this explanatory article, and do by thebc present* '■•V, ».> hv i I f; ( 96 ) explicitly agree and declare, that no stipulations inanytroJify, sub- sequently concluded by either of the contracting parties with any other state or nation, or with any Indian tribe, can be understood to derogate in any manner from the rights of free intercourse and comm«?rce, secured by the aforesaid third article of the treaty of amity, commerce, and navigation, to the subjects of his majesty and to the citizens of the United ^atej, and to the Indians dwelling on either side of the boundary line aforesaid ; but that all the said per- «ons shall remain at full liberty freely to pass and repass, by land or inland navigation, into the respective territories and countries of thir contracting parties on either side of the said boundary line; and freely to carry on trade and comi erce with each other, according to the stipulations of the said third article of the treaty of amity, com- merce, and navigation. This explanatory article, when the same shali have been ratified by his majesty, and by the president of the United States b/ and with the advice and consent of their senate, and the respective* ratifications mutually exchanged, shall be added to and make a pait of the said treaty of amity, commerce and navigation, and shall be permanentiy binding upon his majesty and the United Utates. In witness whereof, we the said commissioners of his majesty the king of Great Britain and the United States of America^ have signed this present explanatory article, and thereto aflixed our seals. Done at Philadelphia^ this fourth d ly of Mayy in th(r year of our Lord one thousand seven hundred and .ninety-fix. P.Bono. (L.S) Timothy Pickering. (L.S.) i Ho. IV. ( 97 ) [V. No. IV. Declaration as to the Boundaries of the River St, Croix. Thomas Barclay, David Howell, and Egbert Benson, Commissioners, appointed in pursuance of the fifth Ar- ticle of the Treaty of Amity, Commerce, and Navi- gation, between His Britannic Majeny and the United States of America^ finally to decide the Question, " What River was truly intended under the name of the River St. Croix f mentioned in the Treaty of Peace, between His Majesty and the United Statesy and forming a part of the Boundary therein described." DECLARATION. WE the faid commifTumcrs having been fworn impartially to ex- amine and decide the faid ciueftion according to fuch evidence as fhould refpodively be laid before us, on the part of the Br tijh go- vernment and of the United States, and having heard the evidence which hath been laid before us by the agent of his majefty, and the agent of the United States refpedively appointed, and aiithorized to manage the bufinefs on behalf of the refpedlive governments— f/a-y* decided, and hertby do decide the river hereinafter particularly de- fcribed, and mentioned to be the river truly intended under the name of the river St. Croix, in the faid treaty of peace, and forming a part of the boundary therein defcribed. That is to lay. The mouth of the faid river is in Paflamaquoddy Bay, at a point of land called Joe's Point, about one mile northward from the northern part of St. Andrew's Iflaiid, and in the latitude of forty-five degrees five minutes and five feconds north, and in the longitude of fixty-feven de- grees, twelve minutes, and thirty feconds weft fror. the Royal Obfer- vatory at Greenwich in Great Britain, and three degrees fitty-four mi- nutes and fifteen feconds eaft from Harvard College, in the Univerfity of Cambridge, in the State of MalTachiifetts. Ard the courfe of the faid river up from its faid mouth is northerly, to a point of land called the Devil's Head, then turning, the faid point is wcfterly, to where it divides into two ftreams, the one coming from the weftward, and the other coming from the northward, having the name of Chiputnatecook, or Chibnitcook, as the fame may be varioufly fpelt, then up the faid ftream fo coming from the northward to its fource which is at a ftake near a yellow birch tree hooped with iron, and marked S. T. and I. H. 1797, by Samuel Titcomb, and John Harris, the furveyors employed to furvey the abovementioned ftream coming from the northward. And the faid river is dcfignated on the map hereunto annexed, and hereby referred to as further defcriptive of it by the letters A. B. C. ! :4 !(■ ■:\^, f ,'r, h "'■'itih-'i I if 55 1^. ( 98 ) D. E. F. G. H. I. K. and L. the letter A. being at it« fald mouth, and the letter L. being at its faid fourcc : and the courfe and diftance of the faid fource from the Ifland, at the confluence of the abovemen- tioncd two ftreams, is as laid down on the faid map, north five degrees and about fifteen minutes, weft by the magnet about forty-eight miles and one quarter. In teftimony, whereof, we have hereunto fet our hands and feals at Providence, in the State of Rhode Ifland, the twenty-fifth day of Oaobtrt in the year one thoufand fcven hundred and ninety-eight. Thomas Barclay, (L. S.) David Howell, (L. S.) Egbert Benson, (L. S) (Witncfs) Edward Winslow, Secrttarj to the CommiJJioners. Iff/ ' ', lit:' No.V. ■ t \0 m m ■I I ( 99 ) No. V. To the R'lirht Hon, Lord Uobart, one of His Ma- je/lys Principal Secretaries of State, c^t. ^x. The Memorial and Petition of tfx Merchants and other Inhabitants of New Brumiuickf Humbly fhcweth, THAT after the fettlemcnt of this province by the American loyalifts in the year 17^3, its inhabitants eagerly engaged in endea- vouring to fupply with fi(h and lumber the Britifli poHenions in the Weft Indies, and by tiicir exertions they had, within the firft ten years, built ninety-three fquare-rigged veflels, and fcventy-one floops and fchooners, which were principally employed in that trade. There was the moft flattering profpedt that this trade would have rapidly encreafed, when the late war breaking out, the Governors of the Weft India illands admitted, by proclamation, the vessels of the United States of America to fupply them ivith ever^ thing they (wanted; by which means the riling trade of this provmce has been materially injured, and the cnterpriling fpirit of its inhabitants fe- verely checked. For the citizens of the United States, having none of the evils of war to encounter, are net fubje .;:• (!. ■ . t 1 % 1 1' L' i (1 (100 ) The f"".! coaft of this province abounds with cod and fcale fifti, and its rivers a:e annually vifited by immenfe flioals of herrings, (had, and falmon. The numerous harbours alonjr the coaft are moft conve- niently fituated for cart-yiig on the cod filhery, which may be profe-^ cutcd tT any extent imaginable. The herrings which frequent the' rivers of this province arc a fpcciec peculiarly adapted for the Weft India market; being equally nutritious with the common herrings, and poflefled of a greater dt-grce of firmnefs, th^jy are capable of being kept longer in a warm climate. In fuch abundance are they onnually to be found, that the quantity cured can only be limited by ihe infufficient number of hands employed m the bufinefs. The interior of this province, as well as the parts bordering on the fca coaft, is every where interfeded by rivers, creeks, and lakes, on the margin of which, or at no great diftance from them, the country tor the moft part is covered with inexh?uftible forefts of pine, fpruce, birch, beech, maple, elin, fir, and other timber, proper for mafts of any iize, lumber, and ftiip-building. The fmaller rivers afford ex- cellent fituations for faw-mills, and every ftream, by the melting of the fiiow in the fpring, is rendered deep enough to float down the mafts and lumber of every defcription, which the inhabitants have cut and brought to its bctnks, during the long and fevere winters of this climate, when their agricultural purfuits are neceflarily fufpend- ed. The lands in the interior of the province are generally excellent) and where cleared, have proved very productive. Great advances have not hitherto been made in agriculture for want of a fufficienv number of inhabitants, yet within a few yean there has remained, beyond our domeftic fupply, a confiderablo fur- plus in horfcs, falted provifions, and butter, for exportation. And your memorialifts look forward with confidence to a rapid increafe in the exports of thofe avticles, for which the foil and climate of this country are well adapted. , Pofleifing fo many local advantages, your memorialifts fee' them- felves warranted in ftating to your Lordftiip, that, twere net tht Ame' ricans admitted into the Britifh ports in the Weft Indies, the fif;icries of this and the neighbouring colonies, if duly encouraged, would, ■with the regular fupply from tlie united kingdoms, furnilh the Britifh Weil India iflands with all the filh they would require. And that in a few years the fupply of lumber from this province, which already exceeds tm millions of feet annually, would, with the excep- tion of ftavcs only, be equal to the demand in the faid iflands. And your memorialifts farther confidently ftate, that thefe provinces would furnifli flipping fufficieiit to carry from the United States all the flour, corn, and ftaves, which the Britifli Weft Indies would ftand in need of beyond what tiie Canadian provinces could furniih. During the peace from 1783 to 1793, American velfels were not admitted into the Britifli Weft India iflands, (the whole trade of thofe iflands being carried on during that period in Britifh bottoms) and at no time have the fupplieti b»,en more abundnul or more reafon- able. Were the Americans excluded from Inofe iflands, this and the neighbouring provinces could now furnifh a much larger propor- tion than formerly of the fupplies required, and a rapid and pro- greiave increafe might annually be expey, m ftlh, and lad, and ft conve- be profe- uent the' the Weft herrings, pable of are they mited by ng on the lakes, on e country le, fpruce, r mafta of afford ex- nelting of down the :ants have winters of y fufpend- exctllent, ulture for few years erable fur- ion. And d increafe ate of this fee' them- t tht Ante' le filaeries d, would, urnifh the lire. And ice, which the excep- nds. And provinces i States all ould ftand liAi. I were not e trade of bottoms) ore reafon- this and er propor- \ and pio- the Amc- ( 101 ) ricans obtain ly treaty a right to participate in that trader not only will the farther progrefs of improvement in this province be interrupt- ed, but many of its moft indiiftrious inhabitants, unable to procure a fubfiftence here, will be urged to forego the bleflings loi the Britilh conftitution, to which they are moft fincerely and zealoufly attachedi and to feek for an eftablilhment in the United States of America. That great aH.vantages would refult to the Britilh nation from pro- viding a fure and permanent fupply of thofe elTential articles for its VVeft India iflands, independent of foreign affiftance, muft be ob- vious. The inhabitants of thofe idands, forming commercial con- nexions only nvlth their fellon of the allegatiirt and his excellency the lieutenant-governor of this Province, on for- mer occasions, particularly his excellency's dispatch to his grace the duke of t/*<9r/A<;/(/, dated 5th Aiigust 1799, and the letters and docu- ments therein mentioned, it may be thought superfluous to do more than generally to refer to those papers on the present occasion. We trust, however, that thf maf^nitude of the object will justify our at- tempt to bring within a small compass the result of those discna- eions, adding thereto some further observations which more imme- diately press upon our attention, and which wc hope will merit the consideration of his majesty s ministers. That part of the second article of the treaty of peace between hit majesty and the United States which respects the present question is exp'essed as follows : " East, by a line to be drawn along the *• middle of the river Saint Croix, from its mouth in the Bay ofFundyt *' to its source^ i^c. comprehending all islands within twenty leagues *' of any part of the shores of the United States, and lying betweea ** linv" ;o be drawn due eafl: from the points where the aforesaid " boun aries between Nova Scotia on the one part, and East Florida " on th(i other part, shall respectively touch the Bay of Fundy, and " the Atlantic Ocean, excepting such islands as now are, or here- " tofore have been, within the limits of the said Province of Nova « ScotiaJ." The islands hereby granted are evidently such, and such ow/y, as are within twenty leagues of the coast, and also lie between those parallels of latitudes by which the shores of the ceded coup' ry ;ire limited at their northern and southern extremities. Hence ' ' ''' ..ids, not within those parallels, however near they may be :,e shore, are clearly excluded from the grant, and of those which «/•.. within the parallels, all such as then were, or ever had been, within the limits of Nova Scotia, are also excluded. From the treaty of peace, therefore, the United States can derive no shadow of claim to the islands in question ; and his majesty's original right to them remains entire and incontestable. For, we believe, it has never been controverted even by the Jme- • Vide Tract. " The British Treaty, p. dO. to p. 41 . wherein it is stated," " Connected also with our Eattern boundary, is an oBJect of little intrinsic value, " (Moose Island', but important to the trade of Matsachusetts, and to the revenue '* of the United States." Editor. f Vide ante, p. 13, 14,40. } \''ide Appendix, ante. No. I. p. 67. 1 i I'tir'^ ( 112 ) rieiiH government, that these islands, always before the treaty of ptaci', were comprehencl»;d within the limita, anil constituted a part of the province of Nova Scotia, which it was the obvious intention of the treaty to riMervtr to hh mnifstj, by its utmost limits, .1 reference to th«" original boundaries of th« province in sir IViUiam Alexander's patent, and to the debcription of the boundaries in all the commissions to b'ti mnji'sty's governors of the province, and the actual grant of two of these ifilaiidit;) Fruicis Bcrnart' and others, by letters patei.t under the seal of tin- province of Nova Srotiut bearing date the joth Oct. i7fi.T, place this fact beyond all di^pute. These islands, at the time wht n the nT"i.n.e of N"w Brunswick was erected in the year 1784, were ■,'.; possessed and inhil>ited by bis mnitftyi subjects; they were by an act of the General Assembly of the Province passed in January «7H6, for the purpose of dividing the several countries into towns and parishes, expressly made a part of the parish of West Isles in th(? county of Charlotte ; and their in- habitants yielded obedience to the laws of the province, in attending to the several duties which they were called upon to perform by the courts and magistrates eytablished and appointed in that county ; and we cannot but consider it as a matter of serious regret, that the pos- session of these islar \ shortly afterwards usurped by the state of Massachusscjtt's, and hitherto continued, has given rise to a claim of territorial right on the part of that state founded me -ely upon that possession. We now beg leave briefly to hint at some of the mischiefs and in- eenveniencn which have resulted from this continued usurpation. Very large quantities of lumber, furnished from the neighbouring parts of the province, are purchased by the American subjects and carried to these islands ybr exportation, Avhicli lumber is paid for with prohibited mrticles from the United States, and they in the same manner engross almost the ry refped, where the pro- fits are ftated to have amounted, during the four years 1795, 1796, 1797, and 1798, to 12 percent.; but they appear alfo to have de- clined ever fince ; in 1801. 1802, 1S03, and 1804, to have been re- Appen- duced to about 6 per-cent. and in 1805, to about 3 p(;r-cent., and ^'** fubfequently to have fuffered a ftill further reduction. In tiie courfe of their inveftigation of the fituation of the planters, your committee thought it right to afccrtain whether it might not be in their own power, in many inftances, to remedy the evils of their fituation, by converting their sugar eftates to other more profitable cultivation ; but the evidence on that point f.ews, that fuch a con- verfion muft be attended with fo great a fdcrifice of capital, as to be out of the queftion as a meafure of relief. With a view to the profpeft for the future, they have obtained a return of the quantity of fugar at prefent in the Weft India Docks; from which, and from other evidence, it appears, that the quantity now on hand is unufually great for the time of year. The crop of the laft year is alfo on the pohit of coming into the market. It fhould not be omitted further to ftate, that for many years paft the idands have almoft entirely cl'caped the natural calamities (of huvricanes, &c) which liavc occafionally proved defttudive to the property in thofe countries. In inveftigating the caufes of t!iat deprcflion of the marke't, from whence the whole of the planter's diftrefs appears to originate, the firft objetft which ftrikes your committee, is that extraordinary fitua- tion in which he is placed, which prevents him alone (in exception to every other fimilar cafe) from indemnifying himfelf for the increafe of duty, and of other expences attending his cultivation, by an equi- valent increafe of price to the confumer. For it appears, that ftncc the year 1799, the duty on fugar has been raifed from 20'. to zjs. and contingently to 30J. per cwt. ; the expences of the eftates are calculated to have arifen, in many articles 50, and in others above i If- * i "Jim* ' ^^4.5^ lit' •M ' m Appen* 4u. ( 116 ) 100 prr-ccnt. ; and the price has fallen from 69J. to 33J. 6d. per cwt. the average of the laft 8 months. As it appears obvious, from the above ftatement, that the duty is heavier than the article can bear at its prefent price, it is fuggefted that it might be expedient, for the re- lief of the homemarket, to extend the principle which has been adopted on the contingent increafe of duty from 27 J- to 30J.; fo that from the maximum of duty then fixed, on a grofs price of 8oj. affording 3ojr. duty, and 50^. to the planter, the duty fhouid be throvi?n back on a fimilar fcale in proportion to the deprcflion of the market, till the price arrives at 60/. grofs, leaving %os. (the original duty) to govern- ment, and 40s. to the planter ; or, in other words, a redudlion of ij. of duty on a redudlion of is. grofs price, from the average then fixed for the impofition of the new duty, as far as zos. An increafe of the bounty on the export has been alfo recommend- ed ; and your committee are of opinion, that it would afford great relief if given as an accompaniment to meafures of reitridtion upon neutrals, fo as to render the expenccs on Britifh and foreign produce equal in the foreign market. A conliderable depreciation in the price of rum having alfo taken place, it has been fuggefted, that the encouragement of the confump- tion of that article would be a conliderable advantage to the planter. Your committee are aware that fuch encouragement has been given to a certain extent, but if it were found pradticable to carry that affift- ance further, by an increafed confumption in the army and navy, uch a mcafure would, in their opinion, have very beneficial effects ; «r a vedudion of duty on rum might afford eflential relief to the planter, without loss to the reiienuey which would be indemnified by an increased confumption of that fpirlt. Great, however, as are tfte evils of the decreafe of price and in- creafe of charges, it does not appear to your committee, that they are the original caufes of the diftrefs of the planter, oy applying to which alone any pradicable remedy he could be more than partially relieved ; but that the main evi/t and that to which thefe are ulti- mately to be referred, is the very unfavourable flate of the foreign market, in which formerly the Britifh merchant enjoyed nearly a monopoly, but where he cannot at preHmt enter into competition with the planters, not only of the neutral, but of the hoftile colo- nies. The refult of all their inquiries on this moll important part of the fubjodt have brought befo re their eyes one grand and primary e'vil, from which all the others are eafily to be deduced ; namely, the fa- cility of intercourfe betiveen the hojlile colonies and Europe^ under the American neutral flag^ by means of which not only the luhole of their produce is carried to a market, but at charges little exceeding thofe of peace; while the Britifh planter is burthened with all the incon- venience, rifk, and expence, refulting from a flate of war. The advantages, which the boflile colonies derive from the relaxation tfthat principle, which prohibited any trade from being carried on with thi; enemy's colonies by neutrals during war, which the enemy himfelf urbv, .ane, ,•' ntcd In a foil favourable to good fugar, in ''uch foil uroduee as poo . ;i, Mr as the c;mic with which the ifiand of Jar.-'ii>.-i was ori,L(iiia!ly planted i — No; 1 ;-.Lher think the old cai;e '.i:adc bett'.r hj^uv, ?;nu of a fi';mer c.nd more compact gniu. Ar.d do you f.iy that tho fug.ir i'i not (o ftrong? — It is not fo firm in point ofgrai:!, ijut as i :■ States per cwt J United States to Medi- i terraaean O o 3 c- 4 6 03c 066 9 6 BRITISH COLONIES. West Indies to London 7 per cwt I London to Tonningen and Holland, 45 guil- ders per ton, or perl cwt West Indies to London > per cwt y London to Smyrna £. 6 per ton Turkish of 12 cwt. or per cwt =i INSURANCES. o 10 o 040 o 14 o 10 o o 10 o ;;-.'f West Indies to United \ .States per cent. / . . . J * * ° United States to Holland 440 West Indies to United States per cent United States to Medi- terranean . . t • 1 1 . • 6 6 2 2 O 880 £. 10 10 o West Indies to London, ' 4 to 10 (luincas ave- rage per cent. London to 1 onningtn and Holland nningtn ? West Indies to London, } per cent. ^ London to Meditena- ) nean with convoy . , j 7 7 5 5 . 12 12 7 7 m 8 8 15 ij ; I ( 1^'^ ) KLCAPITULATION. F.xtra rliarj^M oil British Su.^ir to l!(>ll.tn(l ami Flanders. Frciglit per cwt. as above i ^''^ ^ ^ > £.0 C 6 Insturniicc as : On Sugar vuli f o 7 t> \ " , 'ill fliiliieas } / f^ ■ , ■) '"'"'vc j ^, „jj,„ ^ftGmi.easper.ciU./ ^ ^ alufd at 40/. piT rwt j Per cwt. /*. o 81 Extra charges on Kriti»h Sin-^r to the Mediterranean. /.loo? /. >. *• ,v /. o 10 6 Freight per cwt. as above Insurance as above valued at 4a>. per cwt... 15 'iiiiiieasi. 7 le Ditto 5 5pcrccnt.onSugars 1 Per cwt. ^. o 1 1 6 « i Upon what documents do you pround this ftatemont ? — The freight of fugar from the VVfit Indies to the United States I ground on what I know, from my own knowledge, to havi; been paid by j)Ianters at Trinidad ; the freight from the United States to various porta in Europe on the bills of lading (which the witnefa exhibited to the committee), and the charge of infurance, from what has come within my own knowledge as an underwriter and merchant. Do you know whether any confiderable quantity of the produce of the hoftile colonies is carried direct to the European markets in enemy's bottoms ? — I btlieve hardly fuch an attempt has bicn made fince the commencement of the prefent war, wh«*n enemy's fliips were on fuch voyages, without having been apprized of hoftilities having taken place. Whether any confiderable quantity of the produce of the hoftile colonirs is carried direct to thw' European markets in neutral bottoms ? r-\ believe not. Do you happen to know to wl-.at extent, or nearly, the trade from the enemy's Weft India colonies to Europe is carried on by the way of America ? — I have an accurate return of the import of fugar and coffee in American vellels into the port of Amfterd im, for the year 18ti(j; but have not bei-n able to procure returns, equally accurate, of the imports in the other port* of Europe. What is the amount of that import into Amfterdam in the year I8() i 1 1 ( 127 ) 1 ^1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 ST a. 1 1 1 S, : 1 1 M 1 1 1 1 1 1 1 1 1 1 1 "J a ''J n 1 ^. ; : ! 1 1 1 1 1 1 1 I ! 1 1 1 1 1 c o 4-1 u i OS "1 O . 1 f^ 1 1 1^ .^ 1 ^ 1 1 I ?^ 1 1 1 3 1 • • t • . . 1 . "I- 1 . . . 1 . vo 1 . H :l : 1 1 1 : 1 1 OO (3 ^ Vr, (v^ tv IT "to p- vO •+00 'O »fO M O "^ 11 O '■'1 i-t - so >0 ft - c« CO "1 o 1 O >n «4 O j2 r^ O in fo vo 00 -O 00 O fl - OO M t -t V3 1 IT o o ^ MM • 1 t>. ^ - 8L '^^■^ O O f' r^ i.-> I f -O OO t^ O t-->0 <■' o 't vO 00 O U 11 ro t - ^ (> 'O CS 1- M O -• t Tj- O fn "o >n Cs O 3> o ■+ CO U O • • <0 N O 00 o ^ CO r Fnnn whence. u - y E 2i c: 4^ j.J< -1^ o o t 5 ^ „ ^ I: " ?; 'i ^ ^ ■^,;ny^ ■■/. y. '-: a B u 2 n 'J Z2 .2 ;!4 >• 2; -SZ5 hi Si: _^ a & S ci 2 5 .fc ,-3 ^ '^ ^ § '^ 2 °: p^ -^ o >-> M -n J - ^ > 2 ? = ^ - - .5 «! b J ri si :i' o -^ 3 u o I •; ■i kill ' I \ ( 128 ) O u O rg CO 1 1 1 1 1 1 i 1 1 1 1 1 1 i 1 i 1 i f I HI a, it 1 1 1 1 i i 1 1 i 1 1 1 1 1 i 1 1 II 1 v> Mil 1 M i i i 1 1 1 1 i 1 II 1 1 c o o u f/3 1 SsiS;! 1 o 1 NO •'1 1 w 1 00 >o 1-1 N 3 V3 rill : I : 1 1 • 1 • • .1 . <0 . . * 1 . ^ • • o • • . •.-> r^ C\ o o o • • .00 (^ O . . , 00 1^ (-^ . . w • <■< CO . O . . .00 . . . t^ >« . o u • • • . M . . . . . '^ . • . . ers u . t^ O " • . . O H CO . . O • • • • • • • • es . . . . o . « . • t^ . . . o . . . . . N . . M J2 o • • • • • • » • * • ... in i-"* ... fO ...... * 9> U g o 4-1 o >> ^ s - e -nf go rt !> o M ^ ^ v; — o Pop-9. t; :^ oQ >: : c- u 2 o CQ a 1 c t- c cii-o ;^ z'. sc to CJ c: o .a o a en 4-1 n) Li O i-« G o *^ O t: o O < Ui •. a 3^3 "! i ni :;; ■ ■ ^^ • • s o • • •saiur •N sniilS • • • ' • • • is >^ « r-. «o OS I't 1^ • • • ' • • • • • • • • • • • * « • • B« >-< i> o o 01 (J >-• ►j: o o o o o .-J 0( rt .=> a (ft a 3 be a 3 o 01 5 i; W FiJ (ft ■ ■ •" C a 0) bo-a Ol ; JS "7 "di Ui !_, F^ /. (W 1^ o o r - S ^-f Lj4 *~< L^ .^ S saiUEs^sdiiis o "A d J ^: >^! Q o^ >-,• n: psi ~ Jri bo bo C u ?^ <« « "J _. — ■ 1- t, — 1 »- O 'l^ 0» m i/ :4 ^ '^ i '^. ^ ^ ^ -^.< Q z'! -; w ^- ■f ( 130 ) i :•'■•;■: I!:"'' :••*• , .. ./'t !'<;- .- 1 rt o u c3 I 1 1 M 1 1 1 1 1 1 1 §^ 1 I 1 5 1 1 '^ 1 1 1 1 1 i t 1 1 1 1 1 ! 1 : 1 I 1 : M : 1 1 d a 1 1 1 i 1 1 1 1 i 1 1 i : 1 ; 1 : i i : 1 1 a o O 1 ^ o M rr) in 1 wi N ro M 'l' 1 r^ »o t 1 1 1 fn 1 M o r^o . oo a. . f^ \ l-< »« l-< t< ^ m • • • • 1 • • • 1 1 1 : 1 ::::::::: 2 i2 .s'H s M O *0 .1000 »^.«n OOsO .lOOO H .Ok QQ 0* «^...|««C< f^"0 c*...|mO Si u u o • • . H »rt , . . « « • • .M..|.t «r «o M M 1 , rt>o . ON . HI M .Ov.OI .t^. ,0 . ,f<^f»ifo c» ,Ol .fO. .w . .MOON 1 <3 CQ • • • *^ • 4ft *^ • . ■* M »^ • to <• M 1 • • ..O .0.>O..Q..*'*<. u a o t B o O 5 O O o fl c c3 m H .^H V- ^ K*; > -c 4; -^ 15 »; o 4-1 CA 1 a o en c/i 05 e a = c ^ ^ k. 5 B », i .-3 ? IS -if! C •^ ( 131 ) i i M I I I I I I I i I i I I I I I i o I i i I I I i 1 1 1 i 1 1 1 1 I i 1 1 1 1 Mill i I I I I i I I I I I I I I I Ic^o^^-I I I I N j I CvO M o\ »o t« :l U I I I i M i I I- CO M " (.1 I en ■ ^^^■" ^™" bo to 1 M • • 1 t^ 1 . t-. moo 1 ° M f» 'I- 1 •<*• U »o 1 • • 1 "* .00 c^ " 1 >o M - 1 • • M C/3 e3 &-I M a; u . . 1 . . . 1 . M . 1 . . . . 1 1- . o\ , M (^ . . M 1 OS ro O 00 »o rv\0 . O 'OOsMvOM'n .>o • to 1 "<»• .00 H "-I M 3 •5. . OS f» M O ^ 00 ^00 *-«n . : : „ ro c« w « 1*4 rs. »o ^ ^ e-N ■ " o Ka lif B r : vm I'' \ ''I ( 132 ) O o o U Bags. INI MM 1 i i 1 1 1 M 1 1 1 l>g u a i: P3 {811 1 1 1 1 1 II o t 1 1 ^11-11: a a « : 1 I O O 1 1 I 1 ll 1 1 • * 1 1 : 1 1 : 1 1 : a o *-» o U G r» O ■* 1 cy3 vo O . I ?i o -*< 1 1 :f-.| : 1 ^H-"^ 1 • -8^ . . • . . 1 . OO O ti5 flj W •o •^,:Xi O • • XI . IV a\ lo "^ o o t< O « to to it^ - OO 00 ^ M « PI U3 P3 30 . , . ... to . to o . . . M . ■^ N • • . ^ t<-.\0 t^OO CD . t< V N MO M to eft o o I. - . . . • • • • • • ^ • . •f* • • . • . • • . . . M 'I- N I^ . . . « "T CO O • • • • • • • . . . t^ . VD CN . . . >A . »^ ro N M ■r • • • . '<-) i>> O m to to to N t> M b o cn 00 . o . « . Q . >0 • fi t CN . H, »^ •* CI . M H •*oo •«t o M^ O ^ „ ^ O 00 rt- o rn . •* . . . . . >0 • rrivo • • r! o u New York Boston Philadelphia Boston Baltimore New York Norfolk Boston Philadelphia New York Chariestown O O Oi a > n o C CO Baltimore New York Caltimore Xewberry Port Boston New York Baltirporc c a c c O U fcc 1/5 c . o if) *^ c; be 1^ ^•^ "S rv ss _^ — o a 2?- f " & 3 '.-Ire oj-; ^ ^ oi -: Q c ■A, O c >- 2.5 CD "— H CI C 3 saui nri^:«;diijc;i ; o o ( 1^53 ) »■ I 1'^ I 1 : 1 I : VO "l • oo o ro O O r« io - OO M 1^00 CD M O CO ^ u t-^ ^ ro f<- ny 1-1 t^ It- > N M H4 00 •4- , d o It O o 0) .tS c: /h ca ^r .3 c ^ '-5 3 c C 2 hM d ^" h »— \ H (J pa 1 1 1 1 1 1 i 1 1 1 ! 1 1 1 1 1 1 1 1^ 1 I 1 n 1 vO 1 1 1 1 1 1 1 c3 1 1 1 1 1 1 1 i 1 !| 1 t a u c U5 o 1 • 1 1 ! 1 1 1 1 : 1 1 1 1 Mill : I 1 1 c o U (/3 bo pq IcS S.I 1 ^^.^ 18 11 M 11^12 11 : 1 1^ 03 1 1 : 1 1 : : : 1 : 1 : 1 1 : 1 : 1 8 : 1 1 : • -co moo : 1 r* OO OsfTi o f^- M O •- CN^O ^D t-- O '^ ■^ M CQ Tt- N CJ M H 1 1 (A : 1 Vr) 'O . O . Q • • 1 1 • • r^ . t-^ . • . • • • M » ro « • • • o • • • • : I . r-. • •••••• 1 1 . . 'c^'^ CA c3 1-^ . 1— : 1 M CV »0 f^ • * • • O ON - <^ • '-' • • 1 5 CO . . t^ "O Cs . . . OO o H O r^OO 00 ^ O VO OO O "^ ro CV C« O M •■■r >-i . 'I- <~« VO . O OO to . M -■ • • ■ • . . . >^) • M . . VO . • . ■^ . ro . .CI S o n! \>, "o c E re •;; 11 2 > 'S ~ "S > o j^ "^ IE "rt ii fq 5S M c 33 a. 4^ - 1;^ ^ *i'^ f ^ ^ ^ o o o - i; -j? " • m *-> c so 1 — ^^t* c c . r ^ o 7j v^i o ,5 ^ ^^,.^-^^ 3 c a >: !< ui 3^ J H -; u: -: S,)U IBJsI6dll[S • ; • d 55 o M f4 ( 13^ ) t ,■•' H^ ■'. % V, i^ , I ' I*. i: : .4 i« ?. CI U & PS OQ 1 1 1 1 1 1 II 1 1 1 II 1 I5;l^l 1 Oh 1 Mill II i 1 1 1 1 11:1:1 1 B 01 a d s s I Mill 1 1 1 1 I 1 1 11:1:1 1 C o O m M i M 1 1 «J:ri II 1 O . >0 ON 1 1 f<3 • « 1 1 c 3 CO , • * II 1 1 1 : : J : 8 r^ 00 1 . rn • . On • CJ ^ 00 O 00 M M w O OC O O M tK fi m «0 ro r«^ 1 - 1 , <»5 r^ fo w 1 fl N r', M .NO . ro ■- * o O » • • • • el re CJ • • . t^ o -^ •*■ CO >-i "t 1^ N O 00 <£> «0 On "^ •^ f^ . f . NO ■* O • fO . O >* M C< Ht P) C< ""J to (i O U bo oo OO t^ r! t^ C ^ t^ m rr, 1-4 OO Tf r^ O TJ- 00 M M « >i- ^ .00 O O >* NO » NO w O . O ^ O '^.NO . NO W >0 « m" •J? U • • ... .00 . . . > M . . 00 H . O '-ON . . On On • ■1 1 •J 1 •"3 0=00° C o o tS ^ ° o ^ _t; ro i« > c« nl -C 4> O 05 u =2 ^: a r9 "Z P O ^ o o S CO o saa 1 2 fc b ^ ^ S ^ U I-, Q pq . c/5 <-i -4 >-i ? ^3 j= a e^ 3 X ^ S- «: c/D cH "^ w ac 5 ;s (/) u c -: -i CO N ^ - S3 ti o F JJ : - j^ ^ • -I ^ . ^ "^ M u " w oj ^ ■-: -/j o! 1* s m a '^N^tiiHS • • • • • • 4 O r« to "f f.:' ( 135 ) ^\ I : I I : I i 2^1 I ON MM I o •"I- . t o O - IT) M M OS ^ M tJ- M * • K -c . J4 35^ O o o >- S en ^ l~i > s 5 5 H <4 r 4-1 Oh .2 IS 1 a. a. OQ =5 n! ^ ^ -a l* u t4 a u nt 2 d is >^ a S u " w § el-g Z -; d -;-:^^ c/5 ■s3m>?^ I sdiqs '' • • • • ; S * 'Q t( 1 "IT ( 136 ) Bags. 1 1 1 1 1 II 1 1^1 1 i 1 o u ij c2 t Mi: / 1 1 1 i 1 1111:1 i 1 1 » en a U III: 1 1 1 1 1 1111:1 1 1 1 • • a o o o en bo U'is. 1 1 1 1 1 ?li 1 : 1 ^^1 • • c b« 1 (A pa o . 1 . 00 ! i 1 1 1 : l| 1 : 1 : : 1 • Canister? and Chests. »^ -< 00 <-:> 'O 1 o 1 oo 1 oo 1 fo o "1 O "t o H. 1 . rrv »t ro ml . WW w : : 1 03 M ca . M SO . 1 • "t 1 w 00 .00 »-- i OS . tJ- 8 :l o >^ . f»1 C^^ OS • N H • 00 1 o M o "I 1 so M IS w SO 00 O "^ . »^ ro ^ , M oo <^ OsOO 00 H • ^^'X O §,00 S; r^OO M OO (ft ON »^ rosO M C< fO • * • • • • • O . • - r-* • ;^ • . o . w so J e. M a ■h 1^ • 1 "Silt Do Baliimor New Yor Baltiinor a 00 = 0-30 -G « .^ << .fl >^ PhC3 S:mE:z Baltimore Newbury Baltimon u J. Maffet S. Stafford E. H. Tappar E. Hathaway J. Miller J. Gould L. Gardner VV. Sterlon E. Fish p. Collard S. P. Child \V. Friend H. Dashill E. King B. Briggs L. Salisbury J. Tavlor R. Potter 1 ■J! N sdf'is • • If • i « o 1 1 1 ill : I I I >o o . 1 f« <* ■* • 1 ■i • I • t . 1 to 1 • 1 o\ ^ M oo «o ^ "^00 t . ^ . VO i o . «>. H 4^ Li o CW t^u 14 h o O 3 e >> ^■-5 ^ ■u re 01 Z& _5 (4 ^^ ( 137 ) I re O (J O U 1 II II Hi v^Vkrf & rn 1 II 1 i CO bo (S « ^P3 (A 1 le J, s lA d .-3 1 1 1 1 ! « 5 ?^a: c. ■■*ij'~ i?: -v:J T g o *•* 1 1 O 1 1 1 1 o 1 1 o eq OS , r« rs 1 1 "^ 1 I 1 1 t*^^ 1 1 CQ M '/) ■-I .r. C i" o» O O O 1 oo ^ ' ~ W 00 1 C7\ C rt cii ^ ■<*• (A i » bo u M 3 Ih * O M . r^ l^ Cfl rt N 1^ -o eg S -+• u ^^ h • • • • W 1.' 4J • • • • M P »^ J< VO t^ . 00 o fl tl "l- . "-I 1 U N k4 rl to M i» 0« M »^ . >0 f^ O •* . , n! . o^e)e M «i- 0* n \0 N N >o o •H -^ • • « • Os rt . : . ^ »H U «o 497 Bags ..do i^ do. or iV°^* '^^'^• SU(5aR. I hlid. 23.015 Hhds 1,054 Tierces, each . 6,717 barrels, do ••.. i do 49,282 Canisters and Chests | do 22,997 bags J do COTTON. 7>925 Bagi NANKEEN. 40f Bales. 248 Bundles. 40 Packages. 6,180 Pieces. PEPPER. 3.»88 Bags. COCOA. 1,394 zo Bags. Casks. Hhds. .^,^I7 2P,968 34,085 13.015 703 1,119 16,427 45,097 J'^"f ■ ( i^^ ) To what other foiirccd of information do you refer" for a pcner?.! Mr. account of the trade from the enemy's ies to Europe, by the Marrj wiy^ of America:— Some cftimate may be lormed of the extent to v-'hich thib commerce is carried on by the fiimm.'iry of the cxportH of the United St;ites, from September 30th i"io5, to October .^cth 1806, pnbliHird in the New York Gazette'of the i;,th of March 1806. The foreij^n exports are there ftated at 60,828, z.^f) dollars, from which muit be deduced tlie ainou.it of European and Eail India goods ic-exported, and which are not fcparately diftinguiflied. You have ftated that you had no authentic document from which to judge of the extent of imports from America into other ports of Europe; can you fay, with any degrj*e of certainty, what proportion the imports of Amfbrdam bear to thofe of Rotterdam ?— It would b** in a great (l(i.r(e matter of conjedure ; Vnt 1 have been informed that the joint imports of Rotterdam and Antwerp arc conlidered as nearly equal to that of Amfterdam. Withdrew. Mart'is, 14* die Jtilii, 1807. ANDREW WEDDERBURN, Efquirc, called in, and examined. IN what fituation are you ? — A WeR India merchant, principally conneded with the ifland of Jamaica. ^''• Have you had, cither as proprietor, truflec, executor, or fadlor, ^ '''^'^•' ' the accounts of various fugar plantations annually palled through ""' ysur hands, fo as accurately to judge of the whole of the expencts and returns of thofe plantations ? — I have had the accounts of feveral eftates annually pafled through my hands as afador, fo as accurately to judge of all the expences incurred in the condudting of a fugar plantation. How many eftates do you mean to comprize • — Eight eftates. Are thofe eftates very extenfive ? — Some are large, making from 4 to 5 hundred hoplheads, and others of a moderate lize, making from 100 to 150; and others of them from 200 to 300 hogftieads of fugar. Does your intercourfc relate only to Jamaica ? — The eftates I refer to are in Jamaica. Are thefe the whole of which you thoroughly know the concerns ? —Yes. Have you obferved that of late years the average returns of fugar plantations to the proprietors have been inadequate to the capita? embarked thereon, and to the neceflary expences of cultivation and management ? — I have ; I do not think the average returns, fince the year 1799, have yielded any thing like an adequate inttreft on the capitals invefted, after paying the neceflary expences of cultiva'iion and management. What do you confider to be an adequate intereft or return for ^ capital so employed ?— Ten pounds per cent, per annum at leaft, after paying all chargts. Has the avetage return in the interval you have fpoken of, as far as you can compute it, approached to 10/. per cent ? — N0| it has not. IMAGE EVALUATION TEST TARGET (MT-3) 4 ^< ^ :/. ^ 1.0 L^12.8 BIO Ui Ki I.I u ■UUl. 125 i^ | 25 ■ 22 !i 2.0 1^ /: 7 Hiotographic Sdences Corporation 23 WEST MAIN STREET WEBSTER, N.Y. 14SS0 (716) •72-4503 buru. ( 140 ) Mr. H.ivc yoii ever made any exaft calculation ? — I have not made any V'cdder- acj.,„-^tj. calculation of the nett returns from the whole of thofe eltatcs, during the period above mentioned ; but, from the produce of the cftates pafTing through the houfe, in which I am a partner, I can Hiy generally that the nett returns has not approached to lo/. per cent, upon the capital. Have you made any computation of the return mad«; for the fame cftates 7 years previous to 1799 ? — No, I have not. Are you not generally convinced that the returns in that period Were more favourable? — Certainly, much more favourable. What, according to the heft average computation you can make, may be the expiMice attaching in the Weft Indies to the produAion of I cwt. of Mufcovado or raw fugar over and above the produce of rum, including every contingent expence on the plantation up to the time of fliipmcut, and all imported fupplies, but exclulive of any allowance of return on capital ? — The average charge on the 8 eftates I have mentioned is ios. ioj. Have you any idea that the eftates with which you are conneded have, within the laft year, made any intercft at all upon their capital ? —They have made no intereft at all upon the average. What has been, in your memory, the ditfercnce between the ex- treme prices of the bcft and worft Mufcovado fugar, and what is that difference now ? — I have known the difference between the highelt and loweft price of fugars not to exceed from ten to fifteen lliillingt per hundred weight ; and I have alfo known it to amount to from thirty to thirty-five (hillings, which it does at prefent. Do not i."he extremes become more diftant when the home con- fumption is alone, or chiefly in the market, and approach much nearer when there is a ftrong competition of foreign demand? — Cer- tainly, there is a greater dcprelhon in the price of the lower qualitie* compared with that gf the higher, when there is the leaft demand iu 5»;i im if': Wcdder- burn. ' I,' ' .' '!■ K >' t ii: These a^tounts will ap- pear a* ( U2 ) the market, and that is grnerally the cafe when there is little or no dtmaml for exportation. Suppofing that a return of barely ten per cent, upon his capital was an aaequate compcnf-ttion to the fngar planter for his .idventure, rifk, and labour, in the cultivation and manufafture of fugar, how much do you think, on the bed average calculation you can make, ought he to have for each hundred weight of the articK; he fliips, free from all charges whatever, in order to enfure him fuch return?— I fhould conceive not lefs than thirty (hillings per hundred weight. It depends very much on the capital which may be fuppofed to be em- ployed, when you come to determine the rate per cwt. that mufl come net into the planter's pocket, to give him ten per cent, upon his capital. In my anfwer, I have fuppofed an eftate making on an average :oo hogfheads of fugar, of fourteen cwt. each, which cannot ctrtiinly be eftablifhed at an expence of lefs than 40,000/. fterling, and thirty fliillings per cwt. on 200 hogfhuads, that is to fay, on *,8oo cwt. will give 4,200/. or a little more than ten per cent. I com- pute the capital of the eftate as follows: 250 negroes, at 70/. fterling, will be 17,500/; 180 head of cattle and mules, at 30/. fterling, will be 5,400/.; the buildings for carrying on the manufacture, negro houfes, and overfeers houfes, I would value at 7,000/. fterling, which would leave the land to be valued at io,roo/. I confider the value put upon the land extremely moderate, though it is entirely by fuppofition, becaufe fome lands are very valuable in themfelves, and others not worth any thing, but as the means of employing the other capital. I fliould think on fuch an eftate as th's, the charge attaching to the fugar, over and above the produce of the rum, would be lefs than the average of the eight eftates I have mentioned, perhaps it might not be more than fourteen or fifteen (hillings per cwt. As the law at prefent ftands, the Weft India merchant is allowed to give only rum and mola(re3 to the Americans who furnifti ftavcs? — I believe it is fo. What proportion of the rum and molaflfes do you imagine, on the average, is given to the Americans in exchange for ttiofe articles ? — In the quarter of the idand in which I am perfon?ily intereltcd, the Americans who fupply the lumber will not take rem from the eftates, the confequence of which is that almoft the whole of the rum made upon the eilates I am conneifted with comes to this country, and the lumber and provifions are paid for either in cadi or by bills upon this country. Do not they take a great portion of the molalTes ? — No, the whole h diftilled into rum on the eftates I am connevHed with. In the total celTation of the foreign demand, are not the lower forts of fugar next to tmfaleable ? — They have been i'o during this laft fea- fon ; they could only be difpofed of by being put up to public fale, and fold for whatever might be offered, which price olTered is far below the real coft of the article. What proportion do the coarfe or low fugars you have fpoken of bear to the whole importation? — A very fmall proportion of the im- portation confifts of what are called fine fugars. Have you brought with you any accounts ? — I have brought, firft, the account by which I make the charge attaching to the fugar crop, over and above the proceeds of rum, amount to )0(. 104^ on an ave< little or no his capital adventtire, iigar, hiwr can make, fliips, free •etiirn ?— I ■eight. It to be om- that muft ent. upon ring on an ch cannot /. fterling, fay, on :. I com- f. fterling, g, will be o houfes, ch woiiM put upon jpofition, •thers not apital. J ng to the 3 than the ;ht not be 8 allowed ftavcs ? — e, on the tides ? — ftcd, the e ellatcs, im made , and the ipon this le whole ver forts laft fea- jlic fale, ed is far oken of the im- it, firft, >r crop, " an ave< ( 1*3 ) rage of i estates. I have alfo the account of the produce and eip«nces the end of fix crops of one of thofe eftates (marked No. i. in the ftatement ofMr. of the average charge.) The expences, on an average of the laft ^c the Britidi and Irifti fupplies amounted to i,2tjc/. ; the illand contiiipcnt expences 2,1 -9/ making a charge of 3,409/. The lofs is therefore 75/. 1 mukv this ftatement in corroboration of what I have faid, that eftates m;il 1 l»;i\e likewifc brought an account of the prices iit ditUreiit pcnoils. from the year 1763 down to 1806, of the dilfcrcnt articles I'ouning the principal expence in the iftand Does it fall within your knowledjre, that, in confequence of the low yielding of fugar plantaliors, various annuitant?, children at fchool, «• ( 144 ) Mr. Wedder burn. ^;'t t.r? [ ) ii'i and others dependent upon fuch fugar eftati"^, hare cither had theif ufual allowances wholly, or partially withhild, within the laft year ? — It does not come within my knowledge an relating to any of the eftates with which I am conneftcd, but I have no doubt of the faft from general information. None of the proprietors of the eftates with which I am connected are in the Qtuation defcribed in the queftion. You fpoke of the average expences on eight eftater. ; was the culti- Tation increafing, or declining on thofe eftates, during the feven or eight years of which you took the average ? — The proprietors were endeavouring to keep up the produce to the average rate ; there was no great difference, as will appear by the accounts I have given in ; in which the crops are annually ftated* Docs there appear to have been any attempt at now cultivation ? —No. Upon an eftate making ioohogJheads, you value the land at 10,100/. but you ftatc that the value of land varies much ; is the fum of 10,100/. in your opinion, the average value of an eftate where the capital is 40,000/.? — In ftating the value of the land to be ic,ooc/. I ftated it on a iuppofuion entirely ; but the fum of io,ioc/. is certainly far fliort of the value that would have been put on fuch an eftate, in the dc- fcriptions and valuations of eftates in Jamaica. Could you fay whereabouts the average is ? — No, I cannot, becaufc the value depends fo much on the fituation, and the nature of the foil. Are there in refpedl of the eftates you have mentioned, where the Americans would not take the rum and molaffi^s in part payment for lumber, any peculiar circumftances which prevented their taking them upon that eftate, or is it a general circumftance in the illand, that they will not take rum and molaftes ? — It is a general circum- ftance in that quarter of the ifland of which 1 fpeak. Can you mention what peculiar circumftances in that quarter of the ifland prevent their being taken there ? — I do not fay there are pe- culiar circumftances that prevent the Americans taking rum and molalTes in that quarter of the ifland more than in others, but I only fpeak from my own knowledge to the fad, that they do not take the rum and molalFesin payment. Can you fay what circumftances prevent their taking them from that quarter ot the illand, when they do take them from other quar- ters of the ilTand? — I cannot Ciy that they do take them in other quarters of the ifland; I only fpeak to my own knowledge, that in that quarter of the ifland they do not ; the imprclTion upon my mind is, that in the other quarters of the ifland they do not take any con- fiderable quantity. You iiave ftated the average cxpencc per cwt. on a fugar eftate, after deducing the expences, to be twenty fhillings and ten pence on eight eftates; you atterwards particularized two eftates; on one of which the expence was 14J. 2^/. wliat can have reduced that expencc ib much below the average?— A con\bination of circumftances ; there is a greater pi oportiuu of negroes, aiul of courfe lefs hired labour ; it makes large crops, and of courfe the expence is fmaller than on an eftate making a fmaller crop, it makes alfo a larger proportion of rum than fome others. ( 1*5 ) in What do you mean by hired labour? — Where they hire negroes to work by the day or the week, who are not their own property. Do you know whether there is land which is not Itocked, and on Which there are no buildings, frequently on falc ? — There have beeti lots of uncultivated land fold repeatedly, and where there is a fmall lot of land of a good foil, near to a fugar eftate, a high price is often paid for it; but if a man had a lot of land not in that iituation, and not in cultivation, I do not believe any perfon would buy it at this moment. Withdrew. (A.) The CHARGE attaching to the Sugar Crop, over and above the Proceeds of Rum, on the following eight Eftates, amounts to lot- lod. per cwt. No. I . . . being . . . £.0 14 a per cwt. No. 3 I a 6 No. 3 o 12 o No. 5 163 No. 6 109 No. 7 154 No. 8 o 17 3 8)8 6 7 Makes an average of iC.i 010 Mr. Waddcr buru. 7 \"M ' ii. \ \ 1tr' I. ft % it !{). foSi o « 00 M r^ f ^ r. t M «o 1 M ^ to ' irv « t> d;«j. »:: N « »o CNf* 00 <-0 «» SJ I to M I 00 (r. -0 44 &> U c. O (/: 1-^ to 7\ o 00 to OS o 2:1 o 00 0. O CO I (4 o O oi u to <3 SO 00 2:1 ft, q, O « a; OS to it o c s? bo bo J n & bo B 'S 41 u C JS n bo bo o bo bo a eT C3 W p o ^00 <*. cu <=C l-> t"**^^** O\"^«^'^t^'"00 lorN COM ^««o "H o ^ ►• r4 M CO C» t^ ^ I I I ^P I I i I I l,J I I I I I M I I rs CS O CO c. E § <« «< c u ^ c^ 00 u 'O (J « 8 S 4) t3 ii >",'»' ( 1+7 ) f- 1 OS T* «0 r~ SO >«■ « * M r* ae *»■ 1 o M BO bo bo _a '33 cT C3 o «^ VO 'ts «» t^ ^ ^ 1 M "^ M 1 1 1 Cn3 8 !^ ■o fe > 01 ^ ii t u u o k. rs u rt ^ jS X CIS wUtT'^^ a I (/) K,2 a> r« rt HI W M sc 30 rs c O Q. y w — HiJ 00 o VO 00 I i % I I I 2 bo ^ O O I ■■ »^ "f o VO ft »^ C/3 N £(^ o M H (A M c Oi C r4 i 3 o u 4-1 h (4 ^ 1^ « tT O O O I, ^? s? £ o fc. c o ^ •- -J* _ O 2 i« •- t. O •-■ i< ^ V, G, O 4( a, >»^ o •I ^ (A ♦-X o ^ H = L 3 uX bo b« cH 3 (U o S. 5 ?r! bo u •3 - sot: S« »- 00 o ' *--3 ?^^ re w a ;.S 8 " I ^ ••• 2s; # . !■ . *■''(* i ( 1*8 ) •2 8: •• o« 0^ Cft •-. "Q M* M t< « 0*1 '' iki^ im CO 9i I I s 5 -s il SI 3 (A *x * OO 00 00 So 8 M N H Hi boCU u s? s i-S-a 9 e« - bo ' 4> * »* bo«i •S X •§2 e u ^^ & 3 ( H9 ) * i No. 1, Confinued. The above Jamaica Expences, for 1806, consist of Peoples Salaries and Commissions £. 609 sterling Live Stock, Mules, and Cattle 6$7 Negro Labour 480 Medical Attendance 8i Smiths Work, and Miscellaneous Charges 7£ Taxes 15° Wharfage i33 Lumber for repairs of Buildings and Cusks 680 fresh Beef, 149; Herrings bought, 9J 24* C- 3.205 And the Stores sent from Britain, 1806, consista of the following : Lime /£ 6 Osnaburghs 13d Soap, Candles, and Tallow 1 1 Mcaicines and Wine for Negroes 39 }lats, Negro Clothing, and Checks 148 Upholstery, Pcntcry, Oil, and Paint 35 Cheese and Porter 8 Cordage, Stationary, Thread, &c i% Wood Hoops and Casks 8t Iron-ware, and Lead 353 (jrain 25 Freight, and other charges thereon 237 Fire Biicks, including charges 130 Coals Ditto 12 1 Salt Ditto 10 Irish Provisions Ditto , 8.f Herrings Ditto 275 .1,708 No charge is made for interest of cai)ita)| or purcliasc of Negroes. m i 5. it' , } . : in ■l ' H :•'■ m (, i:o ) YH o (M ^ ki« "^ i u a 1 .00 o N e K Q **l! o**_ C7> O *« 9* M « N r 1-4 M Cd ish rish • o '^^ -C'O V^«o »o V> ^ PQ a 3 rtW e .&d 55 o b3 o o^o o «*5 M M «^ & 9 CO •hS. I«5 {3* ». o •a a s, I I ;.'^ & •8 9 M I 1^ H 00 M IT 'J" o o _ 00 00 00 I S 5 ■^>'iiii " 1*1 |l Mm •1 111 *« 1 til "'11 ■ Aw :J PI ( ISi ) I No. 2, Continued. PARTICULARS of the Supplies, and Island Expcnccs, for 180G. Supplier ; viz. Osuabiirg;l>, Nej^ro Clothing; , I Iat«, Jackets, *'C. Grain, VCine, Oil, Tallow, Chcwe, Porter, Medicines,? &c. $ Lime, Bi'ick*, Glais, Rope, Corks, Stationary Iroiimonfjery, U-ad, Wood Hoo|m, 0'.l)o\vs,&c. &«•. Convoy Du^y, Cuttom-liouse lintry and Shipping ) charg'cd on the above ( Irish Provisions, includin^^ charges ... Jlerrings - no. Coals - Do. Salt - Du. Fire Bricks - m Do. a 6'; 137 6z joi 130 277 6 — 1,651 € ¥^9 Ikland Ezpenres; vi/. Hired Labour _----. Medical Attendance, Tradesmen's accounts, fresh } Beef, Wharliige, &c. \ Cattle purchased --.--_ Taxes -.---.- Lumber fur repairs of Buildings and Casks, Salt 7 rish, &c. J White Peoples Salaries, and Attornies CommLsions 561 589 448 314 548 5*5 ■ f'<. •a.99S No charge is made for interest of capital, or purchase of Negroes. '■'(' ( 152 ) No. 3. U ; ,t An ESTATE in Westmoreland, Jamaica.- 276 Negrocij. British Store*. Island Expences. Hhds. Puns. Crop 1804 - . . - - J805 - - - 1806 - £. 1,472 1,54* 1,290 £. 1,820 1.745 a,ii9 227 220 221 124 78 • 4,3^4 5.684 668 S15 Average for one year - 1=434 1,894 223 105 Average of British Supplies for i year Do. of Island Expences for do. 1.434 1,894 Total avergc Charged- 3.3a* Deduct Proceeds of iq.'. Puns. Rum, which being strong^ sold on an average at £. ^5. .575 r ii i ».753 Actual average landing weighu 1,951 cwt. on which the above forms a charge of 12j. per cent. The above are the actual expences of this Estate ; but It is to be obser -'ed that they do not in fact constitute the whole charge which properly attaches to the Sugar, as there is a breeding Farm for raising Cattle combined with the Sugar Plantation, and consequently no charge is made for the purchase of Cattle to carry on the Sugar Estate : this item alon*-, at the price at which Cattle hi»s been sold during these three years, would constitute a charge of at least £. 500 per annum, on an average, on this Estate, which on the average weight of the Sugar Crop, is 3^. 4^. per cwt. making the whole charge 13J. 4d. per cwt. This Estateis atamoderatedistancefromtheshipping- place, and has plenty of wood for fuel ; consequently no charge for coals. The particulars of the Island Expences, for crop 1806, are Salaries and Commissions - - Stg. £, Hired Labour . _ _ 'I'axes - - - Lumber for Repairs of Buildings and Casks, Salt Fish, &c. from America Tradesmen's Accounts, Fresh Beef and Fish, Wharfage, Medical Attendance, &c. - 467 39.1 378 5<56 415 1,119 w ( 153 ) No. 3, Continued. PARTICULARS of STORES, for 1806. Lime £. 8 Osnaburghs 135 Soap, Candles, and Tallow 2 1 Medicines and Wine for Negroes .... 36 Hats, Negro Clothing, and Checks. ... 136 Pottery, Oils, and Paints 36 Cordage, Stationary, and Thread 10 Wood Hoops and Casks 81 Iron Ware and Lead 342 Grain , 34 Freight, Duty, and Charges 139 Salt, including Charges 12 Irish Provisions, Do So Herrings Do 313 2 8 SI II 7 >J 4 IZ II 10 7 10 6 6 9 4 6 »4 9 5 »9 9 II II 3 7 £. 1,289 14 7 t No charge for interest of capital, nor for the purchase of Negroes, is made in the above. 4 fti fi c ( 154> ) n a> X M CO S o o o o 1 d jj uj B .; ' 003 2 PS £ .00 ON o« ■* f , «^ "^ «» *4 3 =5 CJ «*» ♦ ^ -i "2 W o o «« o t*> to t< f^ «*5 r^ »o >0 O M r« 00 « t »^ rtoo - «n H 'N •• ^ •, ** -*:< 00 fO«0«o «« t» ^ ON H |i4 «< ^ .« «^ On 2 § . t-. o t< Vi? t*^ «o H^ Oj n 0. n N H X ►-; ** M ■ , f^-A—^ C UJ p4 • « 4* U . N * U r^rt to"* " a ^ If •-1 c -J g 180 180 180 18c particulars j: H On f^ »«5 r^ 2 o. w hi 8 a. 'S bo I bo »o 2 On t< • u NO «l M • rt ^^ 4> •o ■ . ' ' V ( ir>5 ■ i No. 4, Continued. , PARTICULARS of Stores and Island Expences for Crop 1806. Supplies; viz. I- ■* «> . S.0* i^ ON . 4-> hi CO t» i ^ •^ «3 00 > 0\ «« • \ i^ In ># 4 below 3 British p.nd Irish Suuplies. Jamaica £xpences 669 926 895 730 TOTAL 2.082 2,267 1.999 Total Expences for 4 years .... Deduct Proi'eeds of the Rum . . I'otal Exp. of making 508 hhds. Sugar Crop m^de. £• ».75i 3.451 3.162 2,729 Hhds, 133 146 136 93 »»,o93 2.174 9.9 » 9 Trs. • • • • • • • • • • • • Puns. 508 36 40 34 30 Proceeds of the Rum. 567 O O 695 00 595 o o 317 O O 1,174 o o If 508 cost £.9,919. I will cost jC-*9' '°' ^• On which 14 cwt. 3 qr. 7 lb. the average weight, is . . j^i. 6. 3. per cwt. PARTICULARS of Supplies and Jamaica Expences, for 1806. Supplies; viz. Osnaburghs, Ne^ro Cloathing, Linen, Hats, Checks, &c £.160 Grain, £25. Medicines, £16. Wine, £4. Cheese, £3. Porter £ 5... . J 3 Soap, Candles, Oil, Tallow, Lime, &c 27 Ironmongery, Lead, &c 116 Rope, Stationary, Corks, Seeds, £;c 13 Wood Hoops, Oxbows, and Casks. ." 37 Custom House Entries, Convoy Duty, and other Charges 119 Gunpowder, including Charges 3 Salt ditto 5 Provisions ditto 31 Herrings ditto if>6 £. 730 ( IS7 ) ri s. Proceed* of the Rum. S £. J. d. J67 6(^ij 595 317 No. 5, Continued. PARTICULAkS of Supplies and Jamaica Expences for 1806. Brought forward. • A'7i Jamaica Expences; viz. Lumber, Salt Fish, Flour, &c ' * * Hir«d Labour '"" J,* Cattle purchased .*.'.*. V.V.V. 141 Fre?h & MedicalAtVendanc'e; Wharfage,' Tradesmen's Bills, &c. 446 Attornie. Commission, White People's Salaries '—1,999 151 Negroes. N. B. In the above Fipences no charge is made for interest on the capital, nor aUowance for keeping up the strength of Negroe*. It *, J I: \ .>-.. Mltl ( I5S ) No. 6. An ESTATE in Hanover, Jamaica. British and Irish Supplies Crop 1803 1804 1805 1806 ^ Particulars stated > below 3 441 924 1,287 1,093 Jamaica | Total Expences ces. £' 1,937 1,626 1,603 1,624 £■ 2,378 2,SSo 2,890 a,7'7 c .ops 1 n-^^nt^m. Hhds. Ts. Puns. Sugar of the Rum. 99 123 112 122 40 20 20 20 ICO 44 73 50 40 £■ . 708 1,106 80X 520 456 3,136 Total Expences for 4 years io,535 Deduct Proceeds of the Rum .. . 3,136 Total Expence ^ 456 Hhds. } ^ 7,39 j ot making } ico Frs. ^ ° Trs. 456 Hhds. »oo ei^ual to 67 Hhds. . If 5*3 cost £-7.399 > will cost £. 14. 3. On which 13 cwt. a qrs. 1 1 lbs. the Average Nt. Wt. is £.1. o. 9. per cwt. it. PARTICULARS of Supplies and Jamaica Expences, for 1806. Osnaburghs, Negro Cloathing, Hats, Handkerchiefs, &c Grain, £.25. Medicines, jf. 15. Wine, £9. Cheese, £3. Porter, £.5 Soap, Candles, Oil, Tallow, Lime, &c Ironmongery, Lead, &c , Rope, Stationary, Corks, Seeds, &c Wood Hoops, Oxbows, and Casks Custom House Entry, Convoy Duty, and Shipping Charges Coals, with all Charges thereon Gunpowder ditto Salt ditto Fire Bricks ditto provisions ditto Herrings ditto , £■ »55 • 57 ^4 93 14 97 224 z 18 75 »94 £• 1, "93 ( 159 ) No. 6, Continued. PARTICULARS of Supplies and Jamaica Expences, for 1806. Brought Forward A«»i®91 Jamaica Expences ; vli. Lumber, Salt Fish, Flour, &c 43i Hired Labour "« Taxes ;•:• '*7 Fresh Beef, Medical Attendance, Wharfage, and Tradesmen's Bills 553 Attornies Commission, and Wliite People's Salaries 34J , 1,024 150 Negroes. N. B. In the above Expences, no Charge is made for Interest on the Capi- tal, nor Allowances for keeping up the strength of Negroes. ■jy 4^'! 'I .*«'.. 'r1 %, mi \^ ( 160 ) No. 7. s»u i A JAMAICA ESTATE in Westmoreland, witfh 514 Ne- groes, and 233 head Stock. Stores from Britain. Jamaica Expences Crop ot Sugar. Rum Puns. Proceeds of Rum. Hhds. Trs. CroD i8o? ...••... ... ^•0 798 2,969 2,I9» £■ 1,666 3.462 3,2J3 3,749 89 191 a6o 31 20 40 41 37 82 106 124 £' 1,119 1.495 1,5*7 1,830 1804 1805 i8b6.i For 4 years £. 8,112 12,130 73» i3» 349 "8? 5.971 Average for i year. . £. a,oz8 £■ £ 3,032 a,o28 183 33 1,493 Total Charges for i year Deduct Proceeds of Rum 5,060 1,493 Charges on Sugar 3,567 Viz. 183 Hhds. 33 Tierces equal to 2t Ditto aoj Hhds. which is £.I7« 8. o. per Hhd. Average weight, cwt. 13. 2. 26. per Hhd. net at landing, which is £1. 5. 4. per cwt. exclusive of Insurance. j5 ■a i-^1^ ( 161 ) I im IS. Proceeds of Rum. J7 iz >6 '4 £■ '.495 1,5*7 1,830 h9 5.971 »i493 No. 7, Continued. Tlie STORES sent from Great Britain consist of the folowlng, in j8o'j. Lime 1 ^. 8 iSoap and Candles 15 Osnaburghs, Che ks, and Negro Clo:itliiiig 3^ti Medicines and Wine for Negroes y) Iron Ware, Copper, and Lead 355 Stationary, Cordage, Paint, Oils, i-.Q Oi Hats n Grain, Cheese, and i'orter 86 1 ire Bi icks /^^ Wood Hoops and Casks 90 Horrinps 339 Charges thereon 157 £• 1,78s Coals, inchidinjf Cliarges 303 Salt ditto . . . . li Irish i'l jvijioiis ditto 92 £■ 2,"J» The Jamaica Flxpcnces, in 1806, consist of the followiirg: Salaries to White People, and Ccnnnissions 616 Stock bought TO'i Nejjro labour 373 Kcpairs to Mill work. Building, and Miscellaneous Charges. . . . 54^ Medical Attendance b6 Taxes 364 Fresh Beef I :o ^Vharfage 15^ liUmbcr, fur lluildings and Casks , 88^ ■£ 1.749 In this Statement, the actual Espenccs incurred only are charged, and no Estimate is made ot the Interest on Capita!, or the anniiul dimitiutici t f th>- value of the Nejruts. ...i; m m yn I .-A v< I ( 162 } m a. D v> X A JO .-• Coals and tire Bricks, with Charges. o m >0 *^. Provisions and Htriings. with Charges. "O «~» Ov t-~ . •. =c ■* o^o Convoy nuty.' Custom House Kntries. & Shipping Chargii. 00«0 K - S? -o ^ t-^ ■<» % ll 6"§ 2* =; -^ J? ;i •= 3 o !/5 .rj ho .5 42 ►«4 to ""' "^ ""' ■" . too >o VO "O ^ CIN ^* M « t« r. M-11 Work, Ironmongery, Utensils, ' &c. M «»10 "• - ■ • • . • a <•> '^ &J S< CO tc ^^ M .-^ M C «5 •? J 2 a, ( lt53 ) , • - - O 3h V^» «0 '; >0 a-- S s o a ^ Trs. o O o M w, 90 00 90 d •a li O ■/5 oo ►t« 'ji »o f) * ^ f*4 o 'I vO 10 . •. " - - : ■> NO - •o ■^ ,<• 1^ f) fvO oo •» #• 1 •'-' N M to -< U 3 V C« ^ :M < 5 O 9 ■^•' S? O » M O Cs 8^ '^t W - o l*, =3 o r» c t.'j >J ^ m > b _: a, & TS Uh < "^ H I w-i c-» "(r O :-3 j: 03 C3 ►-< "^ 4. .a (W .t J -^ -I 0_ "t I M 3 ( lu ) r.ipcr (C.) <; CROP i8>.6. 144 Hhdv 10 I'cfu. Siij»ar. producvd C-^''^S J7 Hliiiv Io-.f in th.' Ji:ly llccl; liaJ they airivcJ, would have J lodiiccd about 59^ Proceeds of the Hum C'rup >>'.>* Deduct IiHurancc on Sug:ir and Rum 27'; C 3.3:4 Briti-h and Irish S«p])liet £ ' .^VO Island Lxucnccs * . " 9 3,40) Lo3« £■'' On an Average of tliree vcars, th; Expenccs, after dtductinjir the produce •i ■ ' III 4 H > HI IK 1- * HUH |HI jjH ( ic^^ ) 59^ i,^..;i '_j2l £3.334 .../.l.KyO .... 2,119 3.40 ) OSi £.-c tiiij'- the prdduce ' of only I ij. |)« r nt to niisf Cattl- )argc vsmild be at u niufL l)y j(,4Co. ^vera^^' Crop ia>t -.ipital, va'.viiii;; i: n i J V) t1 M rs 5^ u ra a M =2 •f OS u. c C\ ' a, c 00 00 u. n J, O ■M S W^ O O O ♦! K^ r^ f^ ^5 cooes • • »0 •') «*^ M P« "> M 06 w, f*) m m »*. t4 c a -5 O 3 c »-.? J ^, N >-< M C< - O »0 'O "■ 'I it «/• ^ f4 ., rt , >. o O O 3 O • •- . *rf *rf *rf .^ *^ *-i f) CO i-< w fl "" o o o o ^ l^ ft n >« O an O 00 O M O fc«« u r4 H M r» o o o o s o o U >-i «^^ r- ^ t^ =: o j- 0< S « :_ o i* *> " r .> t. ♦t' C-r^. > £ ^ •^^ (« _ o !: O *" ?' ^ 3J .s .- —i « S "3 _-. a O 4J ~ 4/ ~ ,X ►■... »i - C. "i t» — H -J |X .» r^ (/J (1> "i: fe ^11 I if. I'M r / 4 ■■,1-in ' fi iY . !' r F'f , 1 ( 166 ) THOMAS HUGHAN, Efquire, called in, and examined, Mr. STATE to the committ('e your conncdion with the Briiifli Weft liu^han. India colonies, and the means you liavt; had of acquainting yourfv If with the Weft India trade ?— 1 am a Weft India merchant, connciftcd pavtici' ily with the ifland of Jamaica, and have been acquHiiitcd 'with i'o trade for the la(l twenty years and upwards ; I refided in the ifland of Jamaica twelve years of that time, and the laft ten years in London, and I htve ii:d ample occafion to be well acquainted with Weft India commerce. Have you had, either as proprietor, truftee, executor, or fador, the accounts of various fugar plantations annually paflTmg through your hands, fo as accurately toj'idge ot the whole of the expcnces and returns of thofe plantation^? — The accounts of various fugar plantations in the Weft Indies have palled through my hands, as an agent or fador, not as a proprietor, or in the capacity of executor or tinftoe, fo that I am cna'aled to judgr; of the whole of thofe expences and returns. Have you obferved of late yrar?, that the average returns of fugar plantations to the prt^prie'ors have been adequate, or otherwiff, to the c.'pital embarked thereon, and to the necefTary expences of cid- tivation and management ? — The average returns of late years, from fugar eftates, have been very inadequate to make cny fuitable returns for the capital embarked, and the expences incurred in the manage- ment of plantations. 'i'o what caul'es princii^iUy do you attribute fuch inadequacy of thp returns? — To low piiecs, enhanc-d charges, and high duties in this country. What are the principal articles of fupply from Great Britain and IreL'.nd, which are furniflicd to the fugar plantations ?> — Various arti- cles for the clothing and fr.v.d v-'" negrocd, for the eredion and main- tenance of work•^ and buih'ip^-'s. Yo\i have ftated geneialh, that tlio returns mnde by fugar planta- tions have, duiing late years, hitn inadequate; wh.it ha;; been the cafe, during the laft and pvefent year in particular, at. applying to the fugar crop of i^c^) ?~During the laft and prt^fent yi'ir, the prices ha\f been uncommonly low, i'o unieh lb, that in many inftances within my own knowledge, whole crops of Ingar from particular iftateshave not produced net in thi:; country, to the nhuiti'i-, more than one- half they did to the planter twenty years ago, wlu-n the charges of cultivation, and other expences, v- ere cumpaiatively exceedingly fmall. What is the preftnt ftate of the market, the profpect of importation of fiipar iVom the coloni(\^ and the probable means of difpofuig there- of: — Under prefent circuni!!.:nces, the profpedt is peihapo moie difconragmg than it hitherto ha^^ been; I fpcak of the circumftances of the prefent day ; we have a very ciaiiiderablc quantity of fugar upon hantl, a large iirpo.t Ihoitly expcdkd, and the accelsto foreign niarl;e;s apparently niorc ui/Tici:lt thoii it ever has been during tiit lalt year. •mi ( 1C7 ) What importation has taken place fince the ift April laft ? — Only ^'^'. one of the annnal fleets of this feafon, namely, one from the Wind- "K**"* ward iflands, has yet arrived- What other importation is expected in the courfc of this ya»r ' — I calculate that the import this year will be pretty much the fame as laft ; perhaps a fmall reduction. Are there not many cftates in Jamaica, which from their foil, ex- pofure, and fitiiation, muft make I'ugar of a quality always below the Gazette average price, ard which tliereforc muft, by the prefent circumftances of the trade, be under peculiar deprefllon ' — Undoubt- edly there are many fuch ellates, the propr!»;tors of which, ot courfe, muft fuffcr more from the prefent deprefted prices, than the pro- ptietors of plantations which make better fupnr. ^-^ hat has been, in your memory, the difference between the ex- treme prices of the Left and of the worft Mufcovado fugar at the London market, and what is that difference now ? — I cannot fpeak for any confiderable length of time back, butXhe difference '^f price between the worft ([uaiity and the belt is aboux thirty, or from thirty to thirty-five (hillings per Iiundrcd weight. Do not the extrem<.'S become more diftant when the home con- fumption is alone, or chiefly in the market, and approach much nearer when there is a competition of foreign demand."' — They do fo. Does not the quantity of ordinary and inferior fugar made in Ja- maica far exc«*.'d the quantity of fine fr.gar produced there ? — Un- tioubtedly it does; the c;u,uitity of fine fug.ir forms but a fmall pro- portion of the total quaulity mamifiictured in Jamaica. Are th. re not many fituaiio'.is in Jamaica, where, from the nature of the foil, it i^ not praiflicabk* to miprove by cultivation the quality of the fiigar ? — There arrilifli Ki,rth American colonics cannot fupply many. of the ar>icL's, fuch as rice, pitch, pine, lumber, flour in fmall quantities only, and of inferior quality ; feveral other articles of lumber are not grown in the Britifii \M()vi!ccs. In what way did the Britifh colonies obtain a fupply of thofe ar- ticles dunng the Amciican war? — ft will be reccjllected, that during the Amencan war a coniidt-rable part of what now forms the United .Stati.3 ot" Auicrica was in poHv-iTion of the Britifh forces, and from till fe parts occafional fupplies were received; there were alfo captiues t'! act. If '^ lil ( no ) your hands, fo .-is accnrately to jiidjre of the total of the expencc% and the returns of thof..* pltntations' — I have had occalionally, bui. dol univoifaMy, the plantation avcourits thron;ah my hanus, bnt my acciu.iintance is rnnch morr* with the ge;u-ral refijlts, than with the detail of the iflaiidexpenccs, or what paircs in the ifland ; the total of the expiMice;', 1 am certainly acquainted with. Have you obfi^rved that, of lati; years, the average rotums of fngir plantations to the proprietors have been inadequate to the capital embarked thereon, and to tlie neceflary e\pinces of cultivation .uid management '—From about the year 1801, I confider the returns of the Weft India eftates to have b<^en regularly diminifljing in propor- tion as the cxpences have increafcd ; and, as far as I am acquainted with the capital invelled in the property, the returns have on an average bt'en very inadequate. In the p efent year, I conceive, on many efcate.';, thi- returns will do little !!iore than pay the expences. When you fpeakof the prefont year, you mean the fales that apply to the crop of iS_6 ? — 'I do. What is the beft average computation )'ou can ftate of the ex- pences attaching in that part of tlie ^V eft Indies with which you arc .acquainted, to the production of a huniln-d weight of Mufcovado or raw fiigar, after allowing for the produce of the rum, including every cxpence, both of fupplies imported, and of contingencies within the idands, bufnot including any thing for the fupply of negroes, or as a return for capital ? — The expencc on difTeient eftates, and in dificr- fiit lituations, is I'o various, as to malce it extremely difficult to an- fvvor this queltion with precifion; but I havi? of late taken confidcra- ble p:nii3 to afcertain it upon a very extended fcale, as well in tiie iflands with v/hich I am conne^ed myfcif, as in the illand of Ja- maica, in which my concerns are fmall; and though on fome eftates the expcnce may not exceed eiglit or nine (hillings per hundred weight, yet I l]o not think that any fair groimd of calculation can be made on a lefs average tlian about 19^. 6J. per hundred weight ; this is the refult of a very extended calculition, in which fome of the ex- pences would run as high as thirty-one Ihillings per hundred \v<>ight. To what caufes do you principally impute the inadequacy of the returns i'mce 1801 : — I attribute it to an exccfs of importation beyond the home confumption, which has rendereil the fale of the growers pr( duce dependant on exportaiit)n, not only for the confumption of the quantity, but alfo for his price, which 1 conceive to be formed on a ftandard inadequate to his expences. I mean the market price on the continent, which market can be, and is fupplied with fugar at a cheaper rate th.ui it can be grown by the Britiih planter, and ;icconli;;g to the axiom that the price of a commodity will <'iitirely ilepend on the price at which the fiu-plws can be fold. It is obvious tlnit the' market price at home has, ever (ince the import ition ma- terially exceeded the home confumption, been governed by the price on the contineut. Owing to this caufe, as I conceive, or to ibnie others, tlu' aveiage groft- price of fugar lince the year 1801 has been lefs by about a fiiilling per hundred weight. than from the year 1791 if the expencf '. ccalionally, but • haiKiH, but my than willi the laud ; the total ■otnms of fiigir to the capital cultivation and tiie returns of ling in propor- am acquainted ns have on an I conceive, on the expences. fales that apply ate of the ex- which you arc Mufcovado or ncluding every cies within the negroes, or as 5, and in dificr- difhcult to an- iken confidera- as well in the t ilhuid of Ja- i)u fome eilatcs i per huntlrcd :ulation can be d weiglit ; this brne of the ex- 5 per hundred lequacy of the rtation beyond if the growers onfumptioii of • to be fonned e market price lied witli fugar 1 phniter, and :y will entirely It is obvious ip'irtitiou ma- (1 by the price (', or to I'ome i8oi has been tile year i;^^ ULt. ( ITl ) io T796, thougli the incrcafe of duty fincc that period i.;, cm an ^Tl■. Rr>. average of the fame period, eleven and nv[)ence per hundredweight, ^aniji What are those average prices of the two periods to which you re- fer ? — Sixty nine fiiillings and two pence was the average grof.; Cde price from t7oi to 171/': the average duty of that period bt ing thirteen and eight pence; the grof:. pric«' for the fix years 1801 to 1806, 68j. ^d. The average duty of that period being twenty-four and a penny. >' WIi Ii:it is the amount of expences, commonly called mercantile f^xpences, attaching on an hundred weight of fugar, from the time it is Ihipperi ir the Weft Indies to the time when it is fold and deliver- ed, iiiclulive? — I believe it varies from about i4J- 4''- to id. 6rted; the firft and moft cxpenfive items ate .t;rain and fiour, which being bulky commodities, «r.liance the ex- pences by the freight to a very conhderable extent; the next items of confeciuence are clothing for the negroes, hoops, iron work of all »'"fcriptitjns, coopers' mill work, and all the necefliiry uteniils of leanufatflure. The bills from the colony are drawn f^)r coft of pro- \irions there purehafed ; mules, falaries to overfeers and other per- foiis in trufl, illarid taxes, ftaves purchafed from the Ameiicans for the formation of hogfheads, timber for mill work and building, where thofe artMiot found upon the fpot; againfl: thefe ixpence?, ttu* p:o- «;ace of rum is in tlie tirft inflance deducted, and, for the balance, lids as before mentioned are drawn on the planter. What are the items that conilitute the mercantile charge of from ' ii,i.\o i()j. (id. r — The freight; the iufurance; the dock rate, or the expences of taking the fugar out of the (hip, ai'd p!-iciiig it in the -.varehoufe ; warehoufe rent, wherever the property is on hand above thifc months, and the merchant's and the broker's commifilon, and cuAom-hoiile fes. What is tile prefi.'nt ftate of the (lock on liand of fupars ; of tf:P iltii.aiK:, and tlie txpecttd importation, and the probable means of h: ■ ' IV.: I'i]:' ( ns ) ?fr. Bn- clifporinp t'npr«i)f ? — A p;reat deal of fufrar has recently bpen fold r.t. iaiKiuct. very \ow prices, but it is not tlKTrfort- to b'.* confideit'd asconfumed; nrd I ;ippr<;hend the flock on hand in the dock, and in thf hands of the refiner, from ihe old crop, very riuicli to «xceed all former pre- cedent. A demand arofc in tlie fpring, in confequence of the altera- tion of the bounty on refined fiijiars ; but as this exportation took place at an unufnal period of the year, I apprehend it will be found to militate very much agaiiitt the ufiral demand for the new crop : this crop I am inclined to fuppv)fe will be a very large one; it cer- tainly will be fo in the ifla; ds with which I am more particularly cctnnc(5ted, and J do therefore ant'cipate ftill greater difficulties than thofc which have already been exp'.rienced, in the difpoi^d of that crop, when it fhall arrive. SuppoHng that a return of barely ten percent, upon his capital was an adccitiate cotnpenfation to the fugar planter for his adventure, rifk, and labour, in the cultivation and manufidure of fug.ir, what is the bcft average calculation yow can Rate of the n^'t fum, free fron^ every expence whatever, which he ought to receive for each hundred weight of fiigar, in order to give him fuch return ' — Without pre- tending to give a precifc anfwer to this queftion, I fliould think, pro- bably, fonuwhere from twenty-five to thirty fliiliings. Wu mean to fay then, that in the prefcnt ftate of the charges, liKty to fixty-five fhillings per hundred weight, exclufive of duty, fliould be the average price of fugar, in order to give the planter a bare ten per cent, upon his capital? — I do not think lefb than this will give him ten per cent. Can you ftate, from your own experience and knowledge, that the prcfent diflress of the trade is experienced in various directions by annuitants, widows, mortgagees, arid others, who liave been ufually entirely dependant upon the colonies for their annual income?— I am qifiie certain of the fad. Do ycjti coi.fider that ten per cent, is an adequate return for pro- perty embarked in the fugar colonies ? — I think tew eftates that have b(en fold, have been purchafed with a view to a lefs return ; becaufe 1 do not recoiled to have heard of any eftate being fold for more than ten years pmchafe, upon a net return of an average of years; luany I have known to be fold for much Jcfs, at very protraded periods of payment. Are you acquainted with many fales of eftates made under the late dif.idvautageous returns ' — The property has been very untaleable of }ate yeais, but I have known feveral eftates lately forced to fale to pay their ilebts. in ef.iniitii'g the return which you confider ought to be made by property in the Wtft Indies, do you not take into account the very Jin earn us tmnre by wlich that property is held, and the many ca- Ailties to which it is fnbjed ? — Doubtlefs I (\o ; and I would not per- fonally, under .ill the cafualties to which Weft India eftates are fub- j'.'(!:t, exchange an eftate, producing four per cent, in this country, for an eftate in the Weft Indies fuppofecl to produce ten. Are you accjuainted with the pregrcftive increafe of price of thofe articles which are fupplied from Great Britain and Ireland for the x.fe of ti:e fugar plantations, and if fo, ftate to the committee the rt- Qi ( 1-3 ) I '■ fiilt of your experience on that fubjed ? — The increafe h immc- ^"^^ • E - tliatfly within my ohltrvaii ,n, amj I will give particular inltances of •'^'^"'^^ it; hut vvlien I explnin, in the lirll inftance, that much ot'the food, all of tiie clothing, all the iitciifils for manufaOtme and implement^ of cultivation, are lent from this country, it will he obvious to the committee, th it the increafe of exponce to a Wcfl India cflate ha» kvpt pace with the increafe of expence in this country ; to which miift he added the increaftd rate of charge at which they are cojivcy- ed- On the average of three years, from 1791 to t-()i, we paiil for oats 78j. id the average of the three lafl years is 35J.; for Huur in the former period we paid i6j. 4^/. in the latter about 34J.; for hogtlieads in the former period 14s. /^^i. and in the latter au. 8(/.; punclieons in the former period 191. H^. in the latter 30/. fJ. ; oil cakts to teed the mules, were in the former period 10/. per thoufand, in the latter 17/. 17J. ; hoops in the former period coft S^j.per thoufand, in the latter period they coft 130J.; the increafed price of coid,5ge h.is b'eii from 40s. per hundred weight, to yjj.; copper in the former period about lo pence a pound in a mantifadured ftate, in the latter period about 2 pence; the incre.iftd price on clothint^ has been compaiativtly fmall; on iron work the increaie of price is about twenty to twenty-five per cent. ; the price of herrings i* doubled. During the late diflrefs of the trade, have not the fupplies, in re- fped to quantity, particularly fuch as were necelfiry for the ufe and comfort of the negroes, be;;n fent out asufuai? — From about fomc period, fix or feven years ago, the date I cannot exactly hx, I con- ceive all the fupplies, of the nature alluded to, to have been confider- ably increafed in quantity, and they have been always, undvr all cir- cumftances of diftn-fs, fent out adecpiate to the wants of the eftates ; but 1 have real' in to believe, that in the prefent feafo'i a very ma- terial deficiency of fuppii.s will be found, as a great proportion of the Ihips have gone out emply. To what caufe do you attribute the reduly refull from any tneaiuie wiii'.li fliould rendt.r fiigar more feaiceand dear on the continent uf En; ope. V\'hat mt'afnrf.s do you conci'ive are heft calnilattil to incrcafc the home confnmption ? — No praifticable mode of material iiiiportanee, and rapid effi'tft, fngpefts itfclf to me, except the introdudion of fuirar into the diftilleries. Do you conlider that this meafure would render the home con- fmnption equal to the produce brought into the market ' — I do not. What meafure do you conceive bed calculated tonliill: the export trade ' — I conceive the trade will at once be relieved by a-.iy meaiuru which ftiould fo far interfere with the intercourfe now carried on between the foreign colonies and the continent of Europe, as fliould cither materially leflen the fupply which the coiitinent now receives from foreign colcmies, or lliould impofe fuch char^:es on the mutral trade as would enable the Britlfh planter to meet the neutral import- ations in foreign markets on equal terms of competition. What particular meafures have you in view in that anfwer.- — The blockade of Martinique, Guadaloupe, and the port of the Ilavan- nali,inthe firlt iuflance, or fiich additional charges on the fon.igii trade, or bounty on the RritiOi exports, as Ihall render the cxpenceu on Britifh and foreign produce equal delivered in the foreign market. Do any meafures occur to you by which the planteis could be re- lieved in the iiome market.' — I think it moft probable, that, at the piefiiit low price of fugar, a redudlion of duly might not affeC't the price, and the rather as, though the laft crop has fold very low. it has ultimately been taken out of the market on this fuppoiition. Mate- rial relief would be afforded to the planter, i*-" inflesd of taking a cer- tain duty of 47J. per cwt. whatever he the price of fugar, the duty were taken by a per-eenta;3'e on the avenige ga/ette price. Th.e seal',? ^^ hich I had formed on this fubjed proceeded on a fuppofition that the duty fliould be taken at 50 percent, on the fale jtriee, exclufivcf of duty, as publilhed in the Ga/ette ; it was propofed tiL^t the diu/ fliould be fet monthly, and the gradations of the fcale not to be lefs tiian 4s. per cwt. on the gazette price. If lelief, in fome mode or other, be not fpeedily adminiftered to »h(" Weft India trade, what in your opinion is hkely to be thecoiifequence i —Without immediately adverting to the inconveiiier.cies to which inercha:its and opulent traders may he expcfed from the nonpayment of intcrefl", and the deterioration ot the fecurities ihey hold, I conceive thedillrefs which alr'Mdy prevails, and which is daily incrcafmg, ex- ceeds and is of a diler^nt diMcription from anyai'-fin|; f ro n difjip- p;iintment in coininercial adventure. The j^artics intcreui d in Wcfl- India property, fo far as I am concerned witli it, are for ti;e mod p. rt 1 jtip-ellabliihed lanuHes, reiident in Great Biitain, who partlcipaU' iu thv' net produce ; as, widows entitled to jointurcF, youngei chil'.;ic:i en- ti.lca to intevell: on legacies, mortgagees, pcrfons benclici.;ily intereilcd ( 1- ) undet mirri.igc feltlemonts, aniiultap'.s generally in fmall rum,;; .ill which parties are for the molt part fntitlctl to payment btlon' the pioprit'tor of th»' eftat»! can appropriate any part of tlu' proiliue to hii (V.vn iifi' ; thcff paym'.-nts have, to my knowltvli^e, on the largcll and on fo-ne o" the bed properties in the Wfft Indies, fallt:;n very gt- riiTally into arrear fincc Michaelmas laft; and it is obvious therefore, that the proprietor can haver no means of defraying the ordinary ex- pcncei «)f his family A very remarkable inflaiice is now before nic, uf a gentleman polTifling one of the largeft properties in the VVefl Indies, whofe eflate, fid>jed to no incumbrances, diil not produce in the lad year a fum equal to the amount aliened on him for tluf pro- perty tax, on a return of produce for the tiiret; preceding years, and who is now called upon to pay above r,ooo/. for this tax, though it is improbable that even the prefent year's crop will enable him to pay the amount; yet he paid about 8,000/. duty to government on his laft crop, and will pay as much on this. The diftrefs univer- fally is become fo great among thofe wholly dependent on Well Indn concerns, that I aoi not aware that it would be materially in- creafed by the total annihilation of the properties ; and I conceive it to be an objeft of the utmofl importance, that fume beneliciul change Ihould be immediately eflecled. Withdrew. Mr. 1. 1. ^ 1I has EXTRACT of the Minutes of Evidence talcen before the Committee appointed in the lujl Sefliun of Parliament. Mercnrii, ii*^ die ylfiri/is, 1807. JOHN BLACKBURN, Efquire, called in, and examined. HOW many years have you refided in Jamaica ? — It is thirty-five Mr. years fince I went to Jamaica; I refided there thirty-two years. BUck- Are you acquainted with various fugar and other plantations in ^'^"^"' that ifland .' — I am. Have you had any fuch plantations under your care and manage- ment ? — Several What number? — About thirty. What are the diffen.-nt defcriplions of property inverted in the cul- tivation of fugar, coffee, and cotton ? — Land, Jjuildings, negroes, cattle, mules, machinery, tO(;ls, and uteiilils of almolt evt r> de- fcription. Which fide of the ifland were you on ^ — I iiave been on all fides; latterly on the fouth-ealt. In all ordinary cafes, mull: the converting of a fugar plantation to any other objed of cultivation be atteiuK-d with a gnat and ruin- ous faerifi«e of property on the part of the proprietor;'' — Un- doubtedly. Explain to the con:mittee how that ficrifice is incunvd? — The works and buildings of all kinds are totally lod: ; the land becomes ol" vi ry little value, as it can only be ufi'd for paflureground, producing a fcarrty fui)ply of very bad grafi ; generally, indeed, it nin.s into foxtail and other four graif-i-, but in uinecy-nino cafesi n a hundred W ' i'^.i ■ ill': Bhck- ( 11G ) a convrrfion is iinpr.'.cflicahln, nriil ,i t(»tal abn.n.lonmcnl is thf! oiifv altcrnativi'. In tliis LMfc in w ItikI mutl Ix: puicIiMfcd i Loufcs iii'i''t be liiiilt both for the white people and for tlit; negroes, and woik;, mull be epv^tcd anew. The n'-n^rocs, too, miifl be ltd at an ciiorrnoti. cxpt;ricf, till the provilioiis of tiitir own r.iiliii^' ait- lipc. Their rr. moval is attended not only with j;icMt \nh to their maltirs, but \vi'!i very great lofs and ferioiH iiarcUhip to thimfelvs, a;.d c onO-qu'jirJy produces much dillatisfadion ; tiiey arc torn iVotn tluir lioulVs, tluir provifion-grounds, their (gardens, and orcliards (whiclithey conlidrr as miicli then- own proptity as their mailer does liis tll:i!e.) Their local iiabits and attaciiments are deflroycd ; their dc;raellic cnnil'ortA are loft to them, and cannot be rephuvd for years. When ai lived at the new eftate, they experienc<.' all the iiiconvcnieiicies whi/Ii gi;- iierally attend fc;ttle!-8 ; hoiifes mud be ereded, and new proiiii I broken up for their future provilioiis, and tliis at a tinie wlien the lituation of the mader calls fur a more than ordinary portion of their labour; and till their own provihon be railed, it may well be fnppoled when every article of food eon.e-! dived out u'i tlie pocket of the maC.er, their allowance, even under the niofl liSeral management, will not be fo ample as in ufual cafes, even admit- ting, what will feldoin happen under fuch ciieuinftances, tlu't tlit; mafler pofleflcs the means of fupplyiiig iheni amply. Alter all this, no return can be expejed from the new planiatlon f.ioiier than four years, iliould coffee be planted, and I know nothing tlfe that ca.i be cultivated except upon a very fniall fcale, with any probability of fuccefs. Sui-'i difficulties can only be eneonii- tered by thole who have money or very good credit; but unfor- tup .ely, the holders of fuel- ellates as have become unprofitable, uid which ought, in prudence, to have been early abandoned, have linge.ed on in hopes of better times, and, from the cr.'reme reluct- ance of making the facriiice which inevitably attends an abandon- ment, till their credit as we'd as property is gone, and the ahmdou- ment, inftead of being voluntary, is enforced by creditors. Ol what little v;iue fugar eftates become, when deprived of their negrotis and Co- '.^, can, I think, be beft expLiiiied by two or tiuee initauces ia point. There were two eftates in niy own immediate neighbour- hood, one belonging t) the heirs of a perfon of the name of Sinclaii', and the other to the heirs of Forller March. Thf- negroes and cattle upon thofe eftates were taken hold of by the creditors, and th».' lands were fold by writ of extent. To the beil of my recollection, the lands upon Sinclair's cllate were valued by the jury, and fold to the creditors at ijj. ^z-/. currency an acre, the woiks includ u ; and upon March's cflatc, I think it was twenty five' ibilliiigs cur- reocy per acre for the land, including the woiks. There is an ii.'- llance alfo which relates to myfelf ; I think in the year 1790, I pi.r- ehaltd an eftate from Bourdieu and Ch.i;U)t, of this town, which they, as credit. )ra, had been obli^'cd to take, for which I p uci n^-col. fteiling, aiid I believe the works and utenlilsJ upun It eou'd not have colt lefs than ij,ooo/. belides all the land, about ^;c.c or 1,000 acres: pofIi:>ly thofe eftates I have mentioned might have coll the pi jprieler, with the buildings upon them, twenty or hve and iwonty thoufand pound.; currenc) , and they were fold at the prici?:* i 'm ( 177 ) 1 have fpoken of, after they were deprived of their negroea and Mr. cattle. Black- Explain to the committee why the converting of a fugar planta- *"^* tion to any other objedt of cultivati;)n will be attended with a great and ruinous lacrifice on the part of the proprietor ? — Lands that have been long under cane cultivation are fo cxhaufted, that they are rendered very unfit for any other cultivation ; and fugar works, with fome few exceptions, are lituate in a foil and climate where no other cultivation can be profitably carrietl on. The converfion of l.inda which h.Tve been under cane cultivation to other purpofes would not, in my opinion, be in general pra(flicable : the land is unfit, and the worlcs would bu entirely loll. Such properties can only be con- verted into bad pens, which, «'ven at the prefent price of cattle, would be ruinous ; but the multiplication of pens, and decay of fugar works, would increafe the number of cattle, and diminifh the demand for them, and make the ruin tenfold. Would thofe works which have been ereded upon a fugar plantatiori be of little or no ufe or, a coffee or cotton plantation r — The works that are fit formaking cf fugar, if they could be moved to a place wh'^re coffee would grow, m'ght be, with fome alteration, converted to tolerably good coffee worka ; but coflee will not grow upon old fugar cftates, and the works muft confequently be ufclefs. Can thole eftatts, which have been generally ufed as a fugar I*lantation advantageoully, be made ufe of for coffee or cotton ? — They cannot. The planter muft continue to make fugar, or fubm it to an abandonment ; he has no other alternative : In the firft cafe he will probably be ruined ; but in the latter, if he has no other property, he inevitably muft. May there not be eftates, which have not been worn out by the making of fugar? — They, of courfe, will continue to make fugar* Some eftates, from the quality of their fugar, and others from the comparatively fniall cxpence they are wrought at, owing to fa- vourable local eircumftances, are ftiil in fome degree profitable, and will become more fo as their lefs fortunate neighbours are ruined, which muft, if there is no favourable alteration, foon be the cafe with numbers. Arc thofe lands which have been made ufe of for the purpofe of growing fugar, fuitable for grafs? — Grafs will grow upon them, but very bad grafs; it will not pay for the fencing, and putting and keep- ing them in order. Could they be applied to piemento ?— Piemento grows wild, it is never cultivated ; and befides fifteen or twenty years would elapfe, before it would come to any thing. What is ihe value of buildings and machinery on a fugar planta- tion, taking the loweft and higheft, with which you are acquainted ? —I (hould fuppofe, from three or Ibur thoufand pounds fterling, to twenty or five and twenty thoufand pounds. What are the values of thefe eftates to which you apply thofe fums ? — Very uncertain, it docs not follow that the beft eftates have the moft expenfive works ; there are eircumftances which attend the car- rying of water, frequently to a great diftance, which make ? difFer* rnce in the expenee. ". .1 ) ' ( IT'S ) Mr. Black- burn. m \y\\M niiiiibtr of lu)f,'(litMils will tliuli' cll.iten you fpcik of rnikc? — Thi* grcitcll crop I fvcr knew an clhitc niakr, witii oin- fci of works, was .1 t'lourmd and thirty odil lioglluvidi, of about »H cwt. on an average as tluy an- fliippt d ; 15 to 16 cwt. hrre ; but cftati-s in prni'ral inakr from one to 3 ^o hoglbi-ads. what is the avaraK<* value of caiu: land, that is, land fit for IS the avaraeo value ot caiu: laiui, that is, laiul nt lor th«* fiigar cam* per acrt'r — It is almoll iinpofiibli' to make an average ; I'omc cane lands are worth 140/. or 150/. ciirniioy an acre, but 70/. currency will be a pretty yood averai^'c, in which I include the canes upon the land; I mean the laml with the jrrowth upon it. Will you fpcak of any prices you have known cane land valued at, in th(; felling an eftate without the crop upon it;'- -The canes I be- lieve generally go with the land, and are included in the valuation ; about 140/. or 150/. currency, is the grtateft price I have ever known. In valuations 'there may be, and generally is .1 part of the land with canes, and fome with none. What is the average value of mountain land, fit for coffee or paftuie, per acre ? — That depends fo much on tiie locality, it is im- pofllble to average it ; fome may be v.-orth 20/. ftcrling an acre, and others, from being at a diflance from ail roads, may not be worth above fix or eight Ibillings an acre. What price do you recolletit having' been given per acre for land not brought into cultivation, but capable of being brought into culti- vation : — I do not recoiled that 1 iiave known more than 20/. given for fuch lands, but then they mult be in the mountains, and fit for coffee. What would land under no fpccics of cultivation fell for, as an iiddition to a cott'ee plantation, or i prjvifion-giound ? — I have no recollection of more than aoA fterling having been given ; if a man happens to have a few acres of land lying very advantageoully into a nei};hbounng plantation, he may get 100/. an acre, but in general, twenty or five and twenty pounds an ..ere for wood and land, even in the beft fitiiations, will be a high price- Have the contingent expences of fugar eff.ites incurred within thr ifland, fay for taxes, white men's falaries, hired labour, fieih provifions, cattle, mules, and lumber, been progrelTively increafin^ within the lad twenty years? — Thty 'certainly have increafed very much. Can you ftate at the intervals of twenty, fifteen, ten, and five years ago, the prices or amount of the piineipal of thufe items, on any given fize of eftate? — T cannot particularly at thofe times, but within the laft twenty years, working cattle have arifen fri>m twelve and fifteen pounds, to forty-five pounds, and fometimes as high as 60/. ; mules from about 25/. to 45/. and 50/.; frefh provifions, beef for inffance, from 6d. and y\ii. to 20J. a pound; ftaves from perhaps 12 or 14 pound?, to j:/. a;id 45/. a thoufand ; hired labour is about doubled in thf fame time ; taxes have increafed very much, but I am not p:epaied to ftate the proportion. The falaries of book- keepers, and people of that defciption, are more than doubled. OveifiiLrs about 3cA or 40/. percent, advance; all thofe prices arc Jamaica currency. I cannot ftate the incrcafe in a progreflive way; there have been variations at ditlereut times ; at one time during the V ( 179 ) Amcrioan war, nnvr% were very hiKh, atul fur a very (n thc^laft peace beef j,'<)l down t<» ;i lliillin^; Can you '■peak as to tlie iiec«Jlity of liavinf»an interco Weft Intli.i foloiiiis (liiw'tly with ilic niiitcil States of American war, flavr<« were very W\i:h, and fur a very (hort time after ^t^ *''-'-'" ^ - • • • BUk- ourfe fnim the ''"''''• f Atncrif.i, for Icvend articles iitcdr.iiy for the uti; and rnaintenami" of the fnirar plantations • — ( can only fpcak as a matter of opinion; I heiieve it to be edentially neeeiCny, Can yoii, tVom your own (xpiMicnre, and e(jn,dly asa inatter of opi- nion, fay whcthei- fiicli a fiippty as i> neeed'.iry lor the tife of the fu^'ar plantations cKi be hid from the Hiitifti Noith AnuMiean colonies? — I believe tliey coiiMaot fiipplyus; I have underlt\)od that the Britifli colonies of North America have been obliged to apply to the American States for forne of the articles we require. Are there ir!)t many ellates in Jamaica wliich, frotn their foil, cx« pofure, or fituation,mnft m; ke fu;;ar of a miality always below tht; average <)iialityof the ifiand, and therefore nuirt, in the prefent circum- ilances of the market, be nni.'er peculiar depreflton ? — Undoubtedly. Canthofi' eftates by any ch.mge of mamifadur:*, in your opinion, make a Mufcovado fngar rn.iteri illy different from what they do at prefent?- I ftiouid ima^'ine not; the quality of the fugar depends more on tiir: foil t!ian on any other circumftance. Can the I'njrar planter chanj:e the cultivation of his lands to coffee and cotton, wiien the price of fugar is low, and thereby profit by better prices being given for fuch articles? — I conceive it impoffible. I think you ftated, in two inftanccs that came within your own knowledge, yefterday, of fngar plantations having been what ia callcvl Ihrnwi) up, and the land fold; that in one of thofe, tl.e land was worth i,?j. 4^/. and the other zss. per acre; what would thofe lands have been worth, or what would they have been valued for in a ftate of cultivation for fiigar canes, in your opinion? — They have been again made fiigar works by the people that purchafed them, and I ffiould fuppofe at this moment the cane lands, with the canes upon them, would value at 70/. an acre ; and if by any accident they fliould be deprived of their negroes, ai they wer* before, the lands would be of no more value than they were when formerly bought. You ft-ited yefterday, that within the laft twenty years there has been a very great advance in the price of all articles that were ne- ceflary for the maintenance of a fugar plantation, fome double, others treble, and upwards ? — Yes. Do you happen to know what the adlual net proceeds to the pro- prietor of a hogfliead of fugar waa twenty years ago in the Englifh market, and what it now is ? — I do not; one hoglhead nets three times as much as another; I (hould imagine that 15 years ago a hogftiead of fugar netted twice ar> much as it does at prefent. When you ftated yefterday, in anfwer to a quettion concerning the difficulty of converting fngar eftates into cultivation, ihat that you conceived it could not be done without great difadvantagc, becaufe there would be a necelfity for removing the negroes, did you mean to ftate, that negrois cannot be removed from one fituatioD to another without great difadvantagc and lofs? — I meant to llate, that nevrroe. cannot be removed from one ( 180 Mr. Black- burn. H ,; ['« ! IT' }' fituation to another without great difadvantage and lofs ; and I Hlfo meant to ftate, that the works thefe negroes removed from would become altogether ufelefs, and the lands they removed from of very little value: the negroes have provifion grounds, and houfts, and gardens round each houfe, and plenty of fruit trees, and they have, at fome little diftance, other lands, which they cultivate for the maintenance of themfelves and families ; they have gardens round their houfes, which are planted with fruit-trees and vegetables of various kinds ; every houfe has a garden round it, of a quarter or half an acre or more ; they are attached to the fpot, and they arc attached to the graves of their forefathers; their houfes are, in a pi'eat meafure, of their own building, and may be worth twenty, twenty-five, or thirty pounds each. I wifli alfo to ftate, that in the infanr / of a plantation, the negro provifion-grounds are near their houfes, which again are clofe to the works ; that in the extenfion of the plantation, it becomes neceflary to cultivate in canes the negro provilion-grounds, and give them others at fome farther diftancc, and in doing fo, it is a matter of great delicacy, and to be done with much leifure and caution ; you muft give them other grounds of better quality, and well ftocked with proviliop.s fit for ul'e, and pay them money to get their confent to make the exchange. You mull particularly take care, by bribery or otherwife, to get the fan(ftion of the head people, or your Jlaves would probably get difcontenteJ, and carelefs of their own property and of yours, and very ruinous con- fequcnces muft enfue when fo parti.il a movement as this requires fo much precaution. You will judge of the confequences of a removal of rnaviy miles into a new country and a new climate. You ftated that our American colonies w^re fupplied from the United States with many of the fame articles that are exported from the United States to the Weft Indies ? — I have undcrftood they are with flour, and other articles of provifion. . Are fiigar eftates, when they arc thrown up, capable of growing corn ? — Yes ; but it will coft ten fhilHngs-worth of labour to get half- a-cro^^n's worth of grain; bcfides, almoft every plantation rifes corn to fupply itielf ; the only demand is for the towns, and the conver- lion of a very few fugar plantations to corn fields would glut the market. Thi; common courfe of fugar cultivation furniflies a proportion of maviuie every year? — Avery confidcrable quantity. Dots it produce a greater proportion than tlie cultivation of cot- ton*' — Neither cotton nor coffee produce any manure at all. Do you know, from your general acquaintance with the ifland of Jamaica, particularly, that there has been of late years a very ge- neral diftiefs among the planters? — I imagine tliTe has been a very gen .ral diftrefs within thefe laft two or three years ; many eftates not oniy do not pay the contingencies, and return no intereft for the ca- pital vef^ed in them, but even bring a man in debt, from his making fugar at a greater price than he fells it for. You faid many eftates muft make ftigar within the average quality of the ifland, what do you conceive the fuperabundance of low fugar in the market at prcfent 'sowing to? — I Ihould imagine the glut of lofs ; and I from would rom of very houfts, and they have, at*^ for the dens round ?getable8 of quarter or nd they arc es are, in a th twenty, that in the near their ^xtenfion of 3 the negro i;r dillancc, : done with grounds of k, and pay You mull fan (ft ion of tented, and linous con- requires fo f a removal I from the »orted from )d they are jf growing :o get half- 1 rifes corn :he conver- '.d glut the >portion of on of cot- I. e ifland of a very ge- een a very e dates not for the ca- is making ge quality low fugar lie glut of ( 181 ) low fugar is increafed by the great importation from the Dutch Mr« colonics. Black- Is it not, in any degree, occafioned by the growth of a particular *^"'^"" cane in the Weft India iflands ? — I do not think it is ; it is, perhaps, increafed by the extravagant price fugar bore fome few years ago, which caufed an increafe of the cultivation ; all the beft land was in cultivation before, and the high price induced people to take in lands rot fo well calculated for the produdtion of good fugar. The new cane has undoubtedly added to the quantity of fugar made, but it has made no alteration in the quality. I mean lands which make good fugars under the old cane make, where all circumftar.ces are equal, as good fugar under the new cane ; the good and bad qua- lities ftill bear the fame proportion to each other ; but the additional lands which have been taken into cultivation upon old plantations make inferior fugar, the beft lands having been previoufly occupied. Though there might be a lofs in the courfe of the firft few years, in making a converfion to cotton and coffee, by and by might not the cotton and the coffee plantation, converted in that manner, make a very good return for the prefent, and ample) amends for the pre- vious lofles ? — I think not ; it would be total ruin to.the planter, in the firft inftance, who made the change ; what might happen in the courfe of time to the perfon who bought his negroes from him, or from his creditors at half price, I canrot fay ; for fold they muft be, if he had not other funds and other means than what arofe out of his planta- tion. Withdrew. Mercurl'h 15' die JuUit 1807. EDWARD JERVIS RICKETTS, Efq. Called in, and examined. ARE you a proprietor of a plantation in the illand of Jamaica ?— Mr. Yes; I am. Ricketts. Where? — In the parifli of Weftmoreland, an eftate called Canaan. What is the average produce of that eftate? — I think it ihould average about 150 hogftieads of fugar. I went to Jamaica about feven years ago, and at that time I found the eftate in a very reduced fituation. The negroes were very much reduced, both worn dowR and reduced in number. My firft objed was to recruit the ftrength and condition of the negroes as much as poflible, and likewife to add other negroes to the eftate. Previous to your going to Jamaica, on the general ftatc of the c; fe what may be called in round numbers the average produce of thv eftate? — It fiiould average about 250 hogflieads. What has been the average produce of the eftate in grofs numbers, do you think? — Not more than 150 hoglheads, to the beft of my recolledion. On what average of years is that ?--On an average of feven years. Are there any particular circumftances which have affedcd the produce of that eftate, which have tended to Icflen the quantity of V ffu •'^ it \i'-^ li; ( 182 ) Mr- the produce? — Yes; when I firft went to Jamaica, I found about 140 Ricketti. negroes on the eftate, to which I added, in the courfe of my ftay there, 90; but I thought it politic on the whole to fpare the new ne- groes as well as the old ; the o'd on account of their reduced ftate, and the new on account of their not being capable of the exertion which they would be after they fliould he fcafoned. The laft year's produce was 184 hogflieads, I mean the crop of the laft year. Then you conlider it an eftate of 150 hogiheads? — Yes; I think this year, from the account I hive received, that it will ftiip 215 or aao hogfheads. I have not got any letters by this packet; but by information I had by the preceding, we had then made 130 hogs- heads. Was it not the reduced ftate of t!ie negroes which contributed to the fmall produce of the eftate ?— Yes ; and other circumftances. The eftate being under-manned, and thofe negroes being over- worked ? — They would have been over worked, if I had increafed the produce. Does this eftate make better or worfe fugar than the general ave- rage of eftates in the neighbourhood? — I think it makes better fugar than uioft of the eftates in the parifh of Weftmoreland, as far as I can obferve. I think there are 63 ; and i believe I have been on every one of them. Has this efta*e, confidering the ftate of the Weft-India trade, been condudted wit ^ the utmoft economy during the laft fix or feven years? — Yes; with the utmoft poflible economy. I was there my- felf, and my objed was, as 1 did not make large crops, to make what I did with as little expence as poflible. Do you recoiled the amount of the Britifh fupplies altog'"ther, on an average of th e few laft years, or of any particular year f — I have taken a memorandum of the laft year, I mean applicable to the crop fhipped home laft year (i8c6) it was 618/. iis- jd. That is the Britifli fupplies? — Yes ; the Britifh fupplies. Thefe fupplies were neceflary for the conducing of the eftate, and for the comfort of the negroes, and did not contain any article of luxury or unnecefi*ary expence? — None whatever; nor does this comprife the herrings. It comprifes the beef and butter, but not the herrings. I have the lift of the fupplies in my pocket, if the com- mittee wifh to fee it. There is no heavy article, no copper, nothing of that fort which is occafionally fent out. Has this eftate been valued at any time for the purpofe of fale, and when ? — It was valued in the year i8oa or 180 r, J do not recoiled cxadly ; but I can obtain the original or a copy of the valuation. 1 thought I had it in town with me, but I have not. The fum wa« about 53,000/. fterllng. Was any offer made to you of a purchafe of it in confequence of that valuation? — An offer was made me by one of the gentlemen who valued the eftate. To take it at the valuation ? — Yes ; to take it with fome fmall de- dudions. To pay you for it upwards of 50,000/. ? — About 50,000/. This gentleman was in treaty with me for it feveral times, and I think ■M ; m Id about 140 I of my ftay |the new ne- luced ftate, Ithe exertion Je laft year's [year. fes ; I think Jftiip 215 or Iket; but by |e 130 hogs- Icontributed umftances. 1 being over- id increafed [eneral ave- better fugar far as I can en on every trade, been IX or (even s there my- make what ag'-ther, on ir i —I have to the crop eftate, and y article of r does this but not the ^ the com- :r, nothing )f fale, and t recolledl nation. I e fum wai nfequence jentlemcn fmall de- 0/. This 1 I think ( 183 ) would have purchafcd it ; bat from the death of my brother, who ^^^' was a joint proprietor, I had no longer power to grant a title. Hickefts. Can you ftate the expences of the year ? — The Britifli fupplies were 618/. iij. yd. Britifli money ? — Yes ; the ifland contingencies were 1,5 15/. fterling What were the principal items of the ifland contingencies? — The falarics of the white people, the taxes, the lumber, and the provifions, ' in which I include the article of herrings. There are frefli provifions for the white people, but flour and bifcuit for the rejjroes are includ- ed ; but I could diftinguifn the particular items if it were defirable. Can you furniili any particular account of the ifland contingencies of any other year, fcparated under their general heads ? Here is one ; it is an abftrad. [Delivers it in']. Have the a mounts in you: experience of the laft feven yvars, as to the coft of any given quantity of the Britifli fupplies, and the coft of any given quantity of ifland contingencieSi increafed? — Certainly, confiderably. Has it been increafing for the laft fix or feven years progreflively ? ■ — Not as to all articles, but as to the expence of Britifli supplies that has been progreflive; but with refpedt to the cattle on the ifland of Jamaica, they were nearly as dear when I went there as when I left the ifland. But the expences of any given quantity of fupplies exported from Great Britain and Ireland to the ifland have increafed.' — Yes, they have. Then as to the return made to yoii, on this economical manage- ment, what proportion has the retu.n borne to the eftimated capital offered to you in the year 1801 for the eftate? — I think not above one and a half per cent, if fo much. The return of this crop of 1806 is 964/. fterling. On a computed capital of 50,000/. ? — Yes, on that capital. There were 184 hogflieads of fugar, and 64 puncheons of rum; the rum being high-proof, netted about 15/. upon the average the puncheon, and the fugar about la/. per hogftiead. You fpeak of the crop of i8c6 ? — Yes, I do. But you fpeak of an average return of fix or feven yearrj when you fay that the net return was one and a half per cent ? — I do ; but I cannot fpeak corredtly, for the eftate being in an exhaufted condition, I was always purchafing negroes or ftock during my ftay, and the accounts are fo blended that I cannot fpeak to the former pt^iod, but only as to 1806. In 1806 there is no purchafe or charge of th.it fort. There is no charge for negroes in the account ? — No, there is not. I continued purchafing them up to the time of my leaving the ifland; but there has been no addition made to the negroes or cattle fince. There are now 23 1 negroes upon the eftate. Suppofing, if you had had that number of negroes on the eftate, feafoned there, would there have been a larger return ? — Yes, there would, no doubt. • Vide post. ■•I -h r' ( 184 ) Rickettt. And the deficiency is from the iipjjroes not being worked up to ' their power ? — Surely. I expeft from the fame capital and negroes that the crop will rife progreflively to 250 hogfheads of fugar, or more. Are thefe 239 negroes included in the valuation of 50,000/.? — They were, as I had that number on the eftate at the time, though I after- wards removed feveral, but replaced them by others, I think you ftate that the expence of the laft year was 1,555/. ftpr- ling ? — Yes; that is. the illand expences. Do you happen to know, by comparifon of the accounts of eftates of fimilar magnitude, if that is under or above the average expences? — I can fay pofitively, for I have feen the accounts of many. I have had the management of feveral eftates, but they were only thofe of particular friends ; but I am fatisfied that my contingencies are much below the ordinary run of contingencies. It may be as well to ob- ferve, that this quantity of rum being high-proof rum, I confider to be above the proportion of rum to that quantity of fugar. This was high -proof rum. Do you mean that the net return is 964/. after paying all the ex- pences? — Yes, after paying all expences. J (hould obferve, that this account of ifland contingencies does not include the purchafe of ftock. Neither cattle nor negroes are in it, becaufe we provided the eftate with negroes before. Then next year yoii will require a fupply of cattle ?— -That may be fo, or it may not; I may be able to go on with the fame cattle two years. , in genet al, the quantity of cattle is from no to no. nR ^ B^^ I' ( 1H5 ) Dr. Edward Jervis Ricketts, Esq. in Account 1806. I'o Matthew Wright, for amount of Account delivered 1805 April 8. — To Postage 6s. ^d. 13, Cash lOs. 15, Postage v.i)d To Amount of Benjamin Capon's Account. . "o paid L. MDougale's Account against Estate of J. Somcrville To paid D. Walker's Account versus Mr. Rickets To paid John Dohson To paid Alexander Burt's Account I'o amount of my Account against Fanny Jones . . « . April 22.— To Postage iSs. y\d. 29, Postage 33^. To paid your order, favour G. Goodin . . . May 1 3. — To paid Postage To my Account against Mount Rickets . . , LossBalancedueby him toyou,on £. s. d A C 1805. . 92 15 o-^ L. M'Dougall's Account versus Es- tate of Somervillp, charged in my Account Current 1805, with Ca- naan 20 34 Matthew Vv'^right's Account versus F. Jones, received by me 15 12 6 Charged by me to Mr. Rickets in A C 1805 I 17 6 J. £,' J. 124 17 ij I o o II 5 o 20 3 4 3 5 o 7 «9 7 20 O O 17 10 O » S 1\ 968 013 »7 7 I »35 o 8 To John Smith, for two prime Wethers sent on board the Commodore for your use . . To John Edwards, for his Shoeing Account To Archibald Galbraith, for Wharfage Ac- count To Robert Stone, for a Balance due by you to him on A C To Charles N. Pallener, for his Law Account against you To Nicholas Robson, for his Surveying Ac- count To Balance due on Canaan A C as per State- I meiit annexed 130 8 4i « • 104 »i 3* 800 126 I 5 10 6 2 loj 76 9 4i 15 o o »^ ^'"g > K^n /f, i/^ ^•2,431 16 8} /o i.,-.» ■t" ■ 'I i?,.. 1,3 if ' u f. i- ' 1S6 ) Current with David Ewart Cr. 1 8c 6. By James Torrent, for a Balance due to you on A C By A. Galbraith, for Frances Jones' Order on S. Fotrester, your favour two Years Interest on ditto . . . it- i J. 40 o o 5 »6 3 50 o o 24 o o 33 JJ o 45 16 3 39 o o 15 o o 74 o o 208 13 3 £. 2."3 3 5i M3I 16 8f .. H^^I ,;'^-l ( isT ) y Dr Canaan Estates Contingencies 1806, To William Stewart for Salary as Overseer , To James Miller for To William Grant for To James Anderson for To Matthew Lodge for To James Finlayson for To (Jeorge Bodley for as Bookkeeper as as as as Carpenter . as Clerk To D. Mason for Medical Attendance. To Mason and Binham for To J. P. Goodin for To Mary M'Craw for Medicine . To Thomas Tomliiison ..... for Tax Account To George Ferriman for Provisions To Benjamin Capon for £■ s. d. 180 16 g 28 6 g 16 o 4 4 43 3 I2Z 10 3 I To Samuel Jeffries for a Hogshead Salt Fish To Charles Lowes for Provisions To T. Tomlinson and Co. . . . for fresh Bcif Account . . To Robert Stone for fresh Fish . . To Anthony G. Storer for Lumber . . To Archibald Gaibraith for . . To .John Edwards for his Account To Thomas Hill for l^umber Ditto To Theodore Stone for Nen^ro Labour To Alexander Rose for Holcing I^anJ To Pond Penn for Pasturage Account . . To Robert V'assall for . . To John Tack for his Cooper's Account. . . To John Edwards for his Lime Ditto To Robert Vassal for his Law Ditto To Westmoreland Work-house for Fees of a Negro To J. M'Lachlan for J)itto To Thomas Hill for 281b. Shot To John Falconer for his Account . . To Robert Stone for Wharf ;igc Ditto To Amount for sundry Negro Cattle . . , To Frances Jones for Hire of Coopers To David Reed for White Pine Boards To Midgham Estate for Bricks, Staves, Stone, and Salt Fish To John Fox for Staves and I leading To Nicholas Robson for Surveying Account To Commission on£6,467 15 o Amount of Sugar and Rum shipped 126 50 Cattle and Sugar sold at 6 per Cent on . . £ .6,594 o oAmounts to 395 12 10 To David Ewart, for his Salary in lieu of Commission for ma- naging said Estate , To Cash paid, Postage, Stamps, and sundry Expences during the Year. ... o 4i 4 o o 8'; 36 12 loj 25 4 Vi 10 o o 6i 313 12 10 o 247 14 30 4 10 10 no o j^ 14 13 10 167 6 32 »i II 16 o a 1400 85 II 18 o 31 o 7 11 10 3 o 3 8 2 6 1 15 9 12 75 3 33 '3 JO o o o 6 e o 7 8 o o 9 4 o 27 4 10 148 18 I 171 16 3 ij o o 7 10 o *,455 2 9^ i'^:'l \ , .r Is, .' t' i CI M (>,'• ( 188 ) in .Account ( 'urrent with David Ewart Cr, Shipment!!, witli Ships' and Masters' Names. Cora George Ferriman .... niftn. ... ..... ditto Hhds. Tierces Funchs NetCasks Sugar. Gals.of Rum. 12 58 21,111 99,626 44,oi<6 '8,243 17,204 17,787 12,231 17,48* 55,262 * 31935 Theabove Shipments are to London , consigned Blank Bills of Lading, forwarded to E. J. Rickets, Esq. Cora Georpe Ferriman • . . . 36 14 2,914 Ida Wilham Marshall .... Camden.... Robert Hill Augustus Csesar. . Robert Kirby . . Theabove Shipmentsareto London, consigned to Messrs. Maitland and V.de. Elizabeth George Germain. . This Shipment is to Bristol, consign- ed to Charles Payne and Son. Marian William Ewing .... This Shipment is to Glasgow, con- signed to Messrs. D. and J. Con- nel. Dorothy Foster. John Sowden . . . Will & H.rry. . . . Thomas Duell. . London Alexander Agnew The above Shipments are to Lon- don, consigned to Maltlands and Ede, indorsed to pay the Nett Proceeds to Messrs. Longs and Dawkins, or order. lO lO iO 7 10 31 8 40 4,716 4 156 40 64 316,967 7,630 3x6,967 Nett Ibi). of Sugar. 156 Hhds 40Trs 7,630 Gallons Rum 64 Puncheons £. s. d. a' 30J. p. loolbs.. . 4,754 10 o a' 20r. ea 156 00 a' \Ss. ea. 30 00 a' y. f)d. p. gallon 1,335 50 a' 6of . ea 192 00 On this Calculation Commission is charged. £.6,467 15 o 1806. By J. P. Goodwin, for sundry Articles from Canaan Estate By William Stewart, for ditto By Certificate for Road Compensation By Road Order, No. 61 Sept. I. By John Edwards, for Hire of Francisco, from March 4, 1805, to date, at £.35 per ann.. By David Ewart, for 2 pieces of Irish Linen By Thomas Tomlinson and Co. for a short Credit in last Year's A C fof 20j. in the Value of 2 fat Steers, only credited ^£.64. instead of £.65. . . . By Fraaces Jones, for zoolbs. of Sugar, a' 52^. td.. By sundry Cattle fattening, their Value is estimated for the present at By E. J. Rickelts, Esq. for Balance IIS '7 ul lao o o 2,219 4 10 *,455 9} ( 189 ) jfoviSf l6" die Ju/iff 1807. ."'■il 9 4 10 5 2 9i JOHN INGLIS, Efq. called in, and examined. > WHAT are your means of information with refpedl to the corn- j^^ mercial ftate of the Weft India colonies ? — I have been a good many jn-fis. years connected as a merchant with the Weft India colonics, and in- terefted as a planter, and alfo as a merchant trading with the pro- vinces of Qnebec, and with the United States of America. What is the firm of your houfe ? — Inglis, Ellice, and Company. In the cafe of the fiifpcnfion of a diredt intercom fe with the North American States, do you conceive there would be means of obviating the inconveniences likely to refult to the Britiih colonies from the interruption of that intercourfe? — Flour and falted provi- fions can certainly be fupplied from Great Britain and Ireland, ex- cepting in some extraordinary cafe, and from the Britiili colonies in North America, in fufficient quantity to fupply the Weft India inanda ; fifti can be fupplied from Newfoimdland and the Bay of Fundy ; and I v.ould ftate to the committee as a reafon for my opinion, as far as regards the article of tilh, that what is called W^elt India fifh, taken and cured by Britiih fubjedls, has been carried to Bofton and other places, and from thence tranfported to the Weft India Idands in American veffels, and that traffic has been attended with this diliidvantage, that it has induced Britifti feamcn and fiftier- men to quit their employment in Newfoundland, and in the Bay of Fundy, and to enter into the American fervice ; this was proved to a committee of the privy council : I have at prefent information, that there is filh in the market of Jamaica, which has been carried from Newfoundland and Nova Scotia more than can be fold. There certainly will be more difficulty in fupplying the articles of lumber, becaufe Ihcy are chiefly imnr.-+pri ft-om the United States at prefi;nt ; but there is no doubt that *. !a and Nova Scotia could fupply a very great proportion of w. at would be required, provided there was a regular trade for the article, fo as to encourage the f>eople there to bend their minds to procure it. Have you any precife idea of the extent of the confumption re- quired for tlie Weft India colonies? — No; I have not. Canyon ftate ihe extent of the fupply of filli and flour, which could be obtained from the Britiih North Am eric. :. colonies? — Yes, I can ; there have been exported from Canada about 30,000 barrels of flour, and 800,000 bufhels of wheat, in one year, and the culture of wheat and manufadture of Hour in Canada is increafing very much ; lifli could be procured in any quantity that can be required. Do you know the extent of the fupply of rice and corn which can be obtained from the Britiih North American colonies? — No rice; and corn is not at prefent cultivated to any great extent, but it can be cultivated to any extent in Upper Canada; but there has been no market for it hitherto. Do you know the extent of the confumption of lumber in the Br:- tifli Weft Indian colonies ? — No, I do not lo as to name it. .1 ■ J: ■ M ■■ ■ itH ^ i,l mb-n' HP ^ r'' ■' jV f; /' Mr. Inglis ■>■ •. >r.'; ./•i- i^ pi^ii iiiil 1 i I -hi •' From what part of thf Britifli North Artieiicnn colonics could yotj obtain th(! white oak luinluT for puncheon ftavcs ? — I'rom Canada, and 1 will aild to th.it, that the commiflioners of the viiJluallMiij this \vc«'k, contracti'd f«)r tin' fupply of white oak leaves from La- n> been fuiiiilh. (! by the fame mc.nis, that i;i, by American fliippin;,', with all the fiippiics rcquilitc for their plantations, at a much lower price tlian the fame articles have been obtained by the Hritilh j.i. inter, owing piincipally to the diffi-rences in the rales of iiifuranje aiid freight upon fuch articles as are exported from ('nvit BriMin. This intervention of the Americ.in Hiipping with the t\)ri ign cnlom-n has had another very injurious etlctit upon liie Britifli free port trade in the ^\'ell In(li< s, the Aim licans li,-'\i'i,i,' fupi^i inted ih in the fupply of Ein'op'-aii mainiratiturt'S to the 'Pi.-mii s eohnicp, to the Spanilh colonies and feltlcments in particular, an. I li.u'ing di'privcl this country '»f a very confiderablc inHux of money, which ufed in formt;r wars to hi' brought from the Bri:i!h VVrft India Iflamls, in payment of matiufactures exported for th.i tiade; aiul the Americans do not draw the fupplies for that trade to the enemies colonitfs entirely from this c such a facility in procuring land, that scarcely any man will submit to be a labourer; the great obstacle to the cultivating the lands is the want of labourers. Can you state the extent of the supply of flour which could be ob- taiml from that province ? ---At pn'sent, there is not a sufficient quantity for the supply oi' tho province. Can you st:»te the extent of the supply of lumber which might be obta" ned ■ — No ; I ca"nnot. Do any coniiderable portion of ihe inhabitants employ themselves in proci'ring lumber ? — No, I think not ; the inhabitants are chiefly employed upon their farms. Do you know wfi^fher any qu3i)*ity of lumber is shipped from the province of New B'lmswick, and if you do, state the kind ?— There is a v?ry corsideiable quantity of lumber, thit is, boards and plank, and there is likewise a considerable quantity of scantling used in framing house;... (»f both spruce and white pine; there is a great quantity of masts and spars brought home to this country ; there Were five ^ihips employed in bringing home masts and spars when I Itti the colony; thtre are no staves, they make shingles of white pine and cedar; I believe H'ey export them ; they make a great deal of shingle ; the farmers work more at shingle than any other kind of colonies : ( 197 ) lumber, for they c^n do that without mills. It would requiiv saw- mills to make the boards. Are the ships from New Brunswick which are freight('d with lumber to the West Indies generally freighted from that province, or the American States? — We take from our own province, I believf, almost entirely ; they may get some on the western frontier. Could, or could not, the inhabitants employ themselves more pro- fitably in agriculture than in cutting lumber ? — No doubt they could employ themselves much more; profitably iu agriculture than in cutting lumber ; it injures the inhabitants, it makes tlicm idle and dissipateU ; the masts are cut in the winter when the country is covered with snow. We have great advantage in the country by lakes and rivers; they are cut at no great distance from rivers, and in winter arc hauled by oxen over the snow, and are left on the ice till the thaw comes ; when these persons have least to do, which is in the winter, they get idle and dissipated, and drunk. It is very little benefit to them, for they generally expend all the wages which they obtain in winter in liquor, and return to their farms when the summer comes, very iitiie better for the wages thty have receiv<'d. Are you acquainted with the prices at which they niight be con- veyed to the shipping port ? — No, the price vaiies ; it has been from eight to ten dollars a thousand feet superficial of lumber. Do you recollect the price of the scantling ?— No, I do not. Was any traffic carried on between the fisheries of New Brunswick, during your residence there, for the disposal of any part of the fish caught by them with the subjects of the United States ? — No, not that I know of. Withdrew. Mr. C.irleton THOMAS HUGHAN, Esquire, called in, and examined. YOU have stated in your former evidence, that tlie present situation Mr. of the West India planters is one in which they derive no i)rofit, or a Huo'aan. very small one, from their capital ■ — I have. Do you recollect what was their situation for some years at the latter end of the American war ? — I have a general recollection of West India affairs from a period very shortly subsequent to tlie American war. Can you st ate to the committee what was the situation of the West India planters from the end of the American war to the beginning of the French revolution, in the year T790? — The information which I am enabled to give to the committee upon that subject must be chiefly from recollection: the situation of the planter during that pe- riod must have been varioua, as very considerable Huctnations of prices took place ; but on the whole, I am satisfied that he could not have received more than what has generally been conoidered an ade- quate return, namely, 10 per cent, upon his capital on the average of those years, although I question whether he received so much. Why do you mention 10 per cent, as a fit return for his capital ? — I have been led to consider To per cent, not more than an adequate return for capital vested in West India estates, because that capital itself is subject to many casualties, to deterioration and depreciaticn from innumeraoie causes, which do not affect cnpital vested in land or in other concerns in this country ; the cultivation of the colonies i» w. ( 198 ) 1«' ' . 'I ■ ) ft h <• Mr. a species of manufacture the returns from which are not only uncer- Hujhan. tain and variable, but the capital itself is exposed to considerable and unavoidable hazard. What was the situation of the West India planter from the year 1790 to the year 1798 ? — During the period between the years 1790 and 1798, I am of opinion that the situation of the ^Vcst India planter was more prosperovs, generally speaking, than it had been previously or since. During that time, although there were two or three very unproductive seasons, yet on the whole they were more favourable ; but his profits were by no means, in the best of those seasons, excessive. To what causes do you ascribe the increased prosperity of the British West India planters, during the last period of time ? — To cir- cumstances which gave him not only the supply of this country, but almost the exclusive means of furnishing what the continent of Eti- rope required : the first of these was the revolution and destruction of the colony of Saint Domingo, which being followed by the war with France, interrupted, or nearly totally cut off all communication between that country and her colonies ; and in the early part of last war the obstacles to neutral commerce were much greater than they have been since. What has been the situation of the West India planter from the year 1798 to the present moment? — Almost invariably declining, the last season certainly infinitely the worst. Is the quantity of sugar now in the W'est India docks, according to the statement delivered in to the committee, an unusually large or small quantity for the time of year ? — The quantity now on hand is unusually large for this period of the season ; a large fleet is also just arrived from Jamaica. What means have you had of acquiring a knowledge of the trade in lumber and provisions carried on for the supply of the British West Indies ?— During my residence in Jamaica I carried on an extensive commicrce myself in those articles. Having stated in your former examination, that in your judgment and opinion a supply of lumber and provisions cannot be obtained from the British North American color.ies in adequate quantities, and at prices which the planters could afford to pay for them, state the grounds on which you have formed the opinion ? — During a pe- riod of twelve years in which I carried on a trade to America, about one-half of that time the trade was exclusively confined to British ships, and I had frequent occasion to freight and charter British ships for the purpose ©f carrying articles procured in the United States of America ; those ships were then liable to a tonnage duty in America, which they would have been exenf|>ted from in the British provinces, but I never knew one instance of a ship being dispatched from Jamaica to any of the British provinces for a cargo of lumber ; the provinces of Canada, New Brunswick, and Nova Scotia, can only supply, I believe, certain species of lumber, videlicet, white pine, red and white aak staves and shingles, the last article of the most inferior description ; white pine boards are procurtd I understand with difficulty in Nova Scotia and New Brunswick ; in Canada they are obtained, but sel- dom manufactured in a way to make them so suitable to the conve- '■' . ^ Ev .: 'Wl from the ning, the iccording y large or n hand is > also just e trade in ish West extensive udgment obtained lantilics, m, state ing a pe- J, abont ) British sh ships 3tat(.'s of America, ovinccs, Jamaica ■inces of beh'evc, lite oak "iption ; n Nova 3Ut sel- conve* ly uncer- \ rable and the year cars 1790 est India had betn e two or 1 ere more 1 o( those 1 y of the 1 -To cir- i 'try, bnt |j t of En- i 'struction ■ f the war ■ unication ■ rt of last ■ kiian they ■ ( 199 ) nience of the planter in the West Indies as those which are procured ^r. from the American States; the staves of Canada, for what rcajon I Hu5[han. know not, are generally in the rough, or unhewn, which makes them liable to a much heavier freight than hewn or drest staves are, and of course increases the expence of carrying them to market to perhaps nearly double what it would amount to from the American port'?. What is the price of hogshead staves in Quebec ■" — I am not able, from my own information, to give an answer to that question, but I understand it has been stated to be from twelve to fifteen pounds per thousand. What would be the price of such staves deposited in the V\ est India market ?— If the first cost of those staves is 15/. they could not be delivered, I apprehend, in the West Indies, at less than 30I. sterlinar. What is the price of that description of lumber imported from the United States into the British West India market '---I have in my hand the Baltimore price current, dated the 14th May ; I see white oak hogshead staves, which are those usually applied to the purpose of making puncheons in the West Indies, at 30 dollars a thousand, equal to 61. 15J. sterling, and those staves I suppose, making all due allowance, could be delivered for 15/. a. 18/. p(;r thousand. You state 6/. 15^. to be the price of freight from Baltimore, and 1 5/. to be the price of freight from Quebec, how do you account for the difference ? — One mode of estimating the freight upon these car- goes has been to give one moiecy of the cargo for transporting the other. I apprehend that the Canada staves are rough or undressed staves ; the Baltimore staves I know are dressed staves, and the freight of those staves that are rough necessarily must be much higher than those that are dressed, and the voyage is also longer. In the prices of 30/. and iS/. respectively, I have included all charges which com- prehend many other items as well as frc'ght. Is oak timber of a better quality when obtained from the Northern than from the Southern States? — I apprehend it is not better when obtained from the Northern, thfe best white oak staves I have seen in the VVest Indies have generally come from Georgia. Can pitch-pine lumber be obtained from British North America in sufficient quantities, and at what prices ?— According to the best in- formation that I possess, pitch-pine lumber cannot be obtained from British North America at all. I know three distinctions of pine in use in the West Indies; the white pine, which is produced in the greatest abundance in the northern parts of America ; the yellow pine, which is more confined to the middle States; and the pitch pine, almost exclusively, I believe, confined to the southern States ; the latter I understood either does not grow in the British colonies, or in such small quantities as not to afford ^y considerable supply to the West Indies. ^* What are the circumstances which impede the supply of flour, corn, and other provisions of the bread kind, from British North America? — I have always understood that New Brunswick and Nova Scotia did not produce sufficient quantities of grain for their own consumption ; Canada exports grain and flour considerably. One great obstacle to a suitable and regular snpply ot corn being carried from Canada to the West Indies, is the nature of the naviga- .< ..^■■~■ H:■■|'•■ ( 200 ) ■f'<'i\ ;M.U Kir ;. t Mr. tion, the river Saint Lawrence bring shut onr hrilf tho year, I nevei Hufhan. jigard of any rice being produced in Canada, which is an article of conbidcrablf. consumption for the use of negroes ; the fl.iur of Canada whii;h \ have seen imported into the West Indies is inferior in qua- lity to that of the United States of America, particularly New York, Pennsylvania, Maryland, and Viiginia. Could not those supplies be obtained in sufficient abundance while the navigation of the river was open ? — The nature of the West ' India climate is si'.ch, that flour, and other articles of that Rort, will not keep there for many months together in a state of perfection, and therefore to supply th«!m with such articles in an adequate? and convenient manner, the imports must be frequent ; flour will be injured by being kept a period of six months- Have you heard that on certain occasions the British North Ame- rican colonies have been compelled to have recourse to the United States for corn, flour, and other articles of provision ? 1 have sio understood. Have you heard that West India fish cured by British subjects has been brought to Boston and other places, and transported from thence to the British West India islands, and if ro, state to the com- mittee what you know respecting such transaction i — I believe that is the fact. To what circumstances do you attribute it?-- I believe that fish is carried from the British settlements frequently to the United States, and from thence transported to the We^t Indies ; it is carried there in barter for other commodities. You have stated the necessity of an intercourse being kept up be- tween the United States of America and the British West Indies, can such intercourse be maintained by British shipping alone in time of war ? — I rhink that such an intercourse cannot be .naintained by British shipping alone in time of war, without exposing the planters to such additional charges and prices for the articles as would most materi.illy injure and distress them. Has the opening of this intercourse to neutral shipping tended to render the supply of lumber and provisions uncertain and disadvan- tageous to the planter - — No, on the contrary I conceive that his supply must have been much more precarioui^, and the prices paid much higher than he has been in the habit of giving, if the trade had not. been opened to neutrals ; in my opinion, the opening of this trade to neutral ships has tended materially to lower the price of ar- ticV'S of consumption to the planter ; the competition amongst sellers, and there being a larger number of that description than there could have been, according to the mode; in which the trade was for- merly carried on, has necessarily, in my opinion, created a reduction in the price of those articles in the colonies. Do you know the quality of fish that usually is sold in the West Indies ?-I do. State the descriptions. --The fish chiefly in use in the West Indies if herring?, from Great Britain and Ireland, and cod fish and other sorts ol pickled fish, which are now imported from the United States of America, and from Newfoundland, and the other British settle- ments in North America. C". : i' < ( 201 ) Which of those kinds of fish an? the best calculated for the con- ^''• sumption of the great population of the West Indies '—British S"*"* herrings, when they c^" be obtained on fair and reasonable terms, are most in use, and generally preferred in the inland of Jamaica ; they are better calculated to keep for a considerable length of time in a hot climate ; and in several other rejipects, I hold them to be belter adapted for the use of the colonies than the pickled fish which is generally obtained from America; I believe, also, that the negroes themselves give them a preference. Do you know the quantity of Bvitish herrings which have for the^e three or four years past been exported to the West Indies •' — I do not IciOW the quantity of British herrings which have been exported to ;.he West Indies ; but I believe of hue years the quantity has not bci'U so great as it previously had been, owing to the very high price at which they have arrived, and the great difficulty in some cases of pro- curing them at all. What has been the usual price during the period of three years ? — From thirty to fv)rty shillings per barnl, seldom so low as thirty ; I recollect when they were furnished at from eighteen to twenty or twenty-one per barrel. Can you state the black population of the Wnst India colonics ? — I cannot with any degree of accuracy, but should compute the black population not short of 500,000. Taking that estimate as correct, what quantity of herrings do yon think it would require to ijuppiy the consumption ? — If the price was such as the planter could afford to p;iy, I should calculate that not less than 180,000 barrels would be taken ; from that to 230,00.1. Are yon sufficiently acquainted with the state ol the British hdhiiy to mention to the committee, whether or not it is capable of giving an adequate supply for the purpose of the W est Indian consumption ? —What the British fishery miy be capable of supplying, J am not com- petent to say; but I ki.-jw at timtts we have had difficulty in ob', lin- ing the quantity of herrings we had orders for, for the vv est i liuics. V\ ithnrew. Sabbatit iG" die Julii, 1807. ALEXANDER HENRY, Esquire, called in, and examined. WHAT is your connection with the Wist Indies, and v.liat means have you had of being acquainted with the colonial trade ?---! have ^'■• been in ^rade in Jamaica for twenty -two years ; i have been connected "^^H't with ihe other ifiands likewise, but priiicipally with Jamaica. In the case <^f :• ***■■■ 'lil 4f " i Mr. Henry. I^N ( 202 ) wliich arp roquihitp for tlu' supply of the West India colonies?— I certainly am not picp;it<'d to give a detail ; the quantities of salted and dried provisions art.' very conKideiabia which go to Jamaica alone, from the different ports of ifn Un"ted States ot America, as well as- the British colonies ; the tradf of ihe British colonies has of late beer, very much interrupted in consequence of the; tr,»de Ixnng carried in American ship from their own ports since the year 171)3. Do you conceive that interruption has injured the means tht* British colonies would otherwise h,ive had of supplying the VV'e.t India islands ■'--Yes; in war it almost amounts to a prohibition, the exptnce is so great of navigating the British ships, and the insurance is so hip-h. Does it come within your knowledge, by what means the British ^Vest India islands w( it supplied witli previsions during the Ame- rican war?"-i was not in the island till two years after the peace , but I hav" un^, and by a number of captures. Do you conceive that, by sufficient encouragement, the British North American colonies would be enabled to afford a very consider able piopoition of the supply requisite for the VN'esl India colonies • — I am well assured that '.' y eoulJ, in the course of a very little time. Have you any i year '—No; the harb(mr of Saint John is open the whole of the year, the depar- ture from that coast is at all times easy ; the approach to the coast in the months of December and January is dangerous, but not more ao than to the northern ports of the United States. Do yoM know the state of population in the province of New Brunswick ?--I am afraid at present it is very small, probably smaller than when 1 left it : the decrease of navigation, and the want of employment, has induced a great number of -aluahle settlers to quit that as well as the other provinces, and go to cht; American States. Has the colony any means of affording a supply of salted provisions to the West I.dia islands ? — Not in large quantities at present, but this production I conceive to be in an increasing state. Do you conceive you could furnish a sufficient quantity of fish from the British American colonies for the supply of the West India islands ?— I do, fully, provided we had ves^jcls sufficient to carry them. Do any considerable proportion of the inhabitants of New Bruns- wick, at any time of the year, occupy themselves in cutting and pre- paring lumber ?— A considerable proportion of the inhabitants do in the winter season ; the custom is then to cut the logs from the woods, bring them to the edge of the banks, and, as the river begins to be navigable, bring them to the mill to saw. How long dots the winter season endure ■" — From the loth Novem- ber to the icth i\iarch. Are there exttn«'ve forests in New Brunswick which have the facility of water carriage ■'— Yes; adjoining the banks of almost every river. State what kinds of timber they conta'a.— The principal parts arc the white and yellow pine, and spruce, but very little of the red pine ; we have the ash, the red oak, and the white oak for staves, but all in small quantities. Has your fishery experienced any other cause of detriment of late years, beyond what you have stated ?— The American fishermen come to our own lines, catch the fish on our own banks, and carry them to their own adjacent islands for sale. Can you state any instances, within your own knowledge, of the iitltics of fisli :iK'ij, as far as f I'trriiigs an- t>< ) inconvenience resulting to the British North American merchants, Mr. from the want of shipping from the ports of those colonies to tiie Veiiner British West India islands '•• Yes, the being obliged to cliartcr vessels from t)iis country with little or no freight to New Brunsssiek, to carry {)ur produce to the West Indi<*s. I have actually chartered on.' from London, of ;,io tons, and am about to charter another of the same si/e from Liverpool, for those purposes. Could you afford to supply the Wfst India islands at the same prices at which the Americans supply theni ' — Not during the pre- sent arrangement of things in war time, because we have at present no convoys from New Brunswick, and also from the insurance being in a four-fold deprcc to that which the Americans pay. Might not that proportion of insurance be diminished by a convoy being furnished ? — Certainly. Do you conceive that under any, and what arrangement of convoys you could coini" into fair competition with the Americans in tin; ^Vest India market ? — By our being alK)weil rei,'iiiar monthly convoys from the piovinc(?s to the islands, and returned convoys monthly from the islands to the provinces; by which means the supply would be grailual, and no parricul ir glut of the article take place. Is there any quaiiLity of iii»' supply of fish and lumber from the British North Amciican colonies now unsold in the British West India islands '—By the last Jamaica packet, I received an account of the greater part of three cargoes of tish, which have been there froa» thv iTionth of December last, remaining unsold, which has b<;en occacioned by the vast supplies from the British provinces beyond what 't was conceived ihey could furnish, and from large supplies from t'le United St.ites. The 'umber, consisting of white pine and spruv, has been scM at very disadvantas^eous prices, viz. about 12/. a thoiijand, in consitjueuce of large importations by the Americans, who were selling at loA Whence arose this differetire in price between your timber and the American .'--I believe, from its being more fairly prepared, and better .sawed and W(;rked up. What do you conceive to be the means of Nova Scotia and Canada to furnish the nec.'ssary supplies to the Britsh West India islands? — 1 believe the resources of Nova Scotia to be nearly simi' r to our own with re.-pi'ct to fish and lumber; their prospect 'j'^ii^ing is rather better than ours. V\ hat is the comparative population of Nova acutia and New Brunswick ?— Nova Scotia is far more thickly inhabited than New Brunswick ; tlitir occupations are similar ; farmers, mechanics, and labourers ; "try few shipwrights now. The principal resources of Canada, so far as my knowledge goes, are flour and staves ; but I am less acquainted with this province than with Nova Scotia. Withdrew. CHRISTOPHER IDLE, Efquire, called in, and examined. WHAT is your connection with the V.'est Indies, and what means Mr. Ivivc you of being acquainted with the means of affording the neces- ^'"*' 11 <; I? ( 206 ) Mr. Idle. i P: ^"^ H 1 I'l • I- ^' I Riry fupplies? — My connection with the Wi-st Indies is of a goncrai int rcantiie nature, relatively with this country, and witli Canad.i. What is the extent and nature of the supply which Canada doi-s aflTord, o: in capable of affordinj,' to the West Indies ?—Can,ida is capahkof supplying staves in any (juanlity, both for wet and dry casks, not including sugar hogsheads. It is cipalilr of supplying every species of naval timber; it is capable of fin nishing ships for the trade, and a very large supply, I conceivf, of wheat and flour. The export of whc.it this yt-ar will be very conMcler.dile. Dor.^ Canada produce any of the red or pitch pin<' ? - In very small quantities; I conciivi* the Canada staves are niiK-li .superior to the American, and will, in any part of th.-ir n ;e or ;ii)i)lication, have the advanta^'o over the Auuricar. Th. re irc three defeiJts in the staves as at present iniportcd from Canaer acci)rding to the ril)r('s of th«' wood. Mi;;ht not those deft'cts be remedied' — With the greatelt ease in the W(n'ld. Is the produce of corn in Canada increasing r — I conceive very m\,ich so, in .mi-e(|uence of the cit'aring of tin- lands, its increasing wealth, and the measures adopted by gover- in'.nt for the encourage- ment of that colony in the articles of its i xpor*. Have you any knowledge of the cxt<'nt of .le opacity of Canada to furnish boards, scantlini^r, and other timber, suited lo the consump- tion of the West India colonies ?--I have ii-.ison to think that it could make very large and increa ang Ki;i)t>li's in proportion to the increase of population, and the other means of the colony, Have you any knowledge of the present state of the population of Canatia? — Not snfficii'ut to satisfy the committee. Have you engagements to furnilh from the provinces of Canada, Nova Scotia, or i^ew Brunswick, any quantity, and to wliat extent of scantling or other timber, applicable to th(; building of ships or houses?— I have an engagement wi'.h government to furnifli a very considerable quantity of marts, bu.vsprits, and o'^hcr naval timber, both to this country and to the coloniee, from Canada solely; the marts and bowsprits of Canada ^"vingbl•en found very far superior to those of New Brunswick, or the United States. Are not otner markets besides the ^Vitd Indian markets supplied with flour, corn, and lumber, from Canada r — Very considerable sup- plies, I knew, have been derived from Canada to Portugal, and I presume Spain chiefly, of wheat and Indian corn, and to this market also. Do you know of any means of promoting the connimption of the staple article of rum ?— 1 know of no niec.ns, except Lhe reduftion of duties, and what I conceive the consequence, the diminution of smuggling ; and this redudioii of duty, 1 conceive, wt/uhl not occa- sion any defalcation in the aggregate amount of the revenue. Withdrew. ! is of a goncrai 'f'> Ciinail.i. 'i C.iii.ula (1,,,.., •«i'~Cari.icla is wet .111(1 dry of MlpplyiDjf 'lii'P ships for 'f.it aiiil flour. In very small iipirior'to the ition, have the in the sfavos proper seltc- nitnt of that li caus.s the ^•onvrrlion of of thr Wood. ■i-'-ite/l ease in -'onci'ive very its increasing le encourage- i^y of Canada the cofisump. •'link that it loriion to the iy„ population of 5 of Canada, ) what extent ,' of ships or iirnifli a very 'aval timber, ■ solely ; the r superior to :ets supplied derable sup- tugal, and I I this market ption of the redudion of ninution of 111 not occa- uc. Withdrew. ( 207 ) Luntft 70° dif Ju/ii, 1807. HENRY SHIRLEY, Esquire, called in, and examined. , WHAT is your connection with the VVe-st Indies, and what are Mr. your means of allordiug information to the committee, with respect Shirley. to the British U eft India colonics? -I was in Jamaica three years during the American war, and seventeen years, from 1784 to iSoi, as a planter. What do you consider the causes of the present distressed situa- one of the huj;ar planters — The low price of colonial produce, and the increase of the contingent expences. To what causes do you attribute the depreciation of the mark«t? — To neutral vessiMs In-ing allowed to carry I'rench and Spanish su- gars to Europe; the heavy contingent expences arise naturally from a state of war. What measures do you consider best calculated to iflford relief to the home market ? — Returning t(» the old colonial system of afford- ing protection to the produce of the British plantations, by prevent- ing the produce of foreign colonies being conveyed to the European markets. Do any measures occur to you for increasing the home consump- tion of sugar ?— I conceive thcit the heavy duties that have been laid on sugars have not only lessened the consumption, but have prevent- ed the increase naturally to be »'xpected from the increase of popula- tion, and the increase of wealth in the mother-country ; at the same time, Jamaica has remitted to this country a much greater quantity o'i sugar than it usetl 10 do. Do any measures occur to you for the assistance of the export trade ?— 1 conceive none but a peace, or stopping the neutrals from carrying the sugars of our enemies to the European markets. What do you cc»nsider to be the profit which a planter can derive from his capital, at the present prices" — I conceive that a sugar plan- ter, who does not make more upon his plantation than 450 hogs- heads, must, at the end of the year, be in debt to his merchant ; a planter who makes upwards of 250 hogsheads, gets a profit in pro- portion to the quality of his sugars. On one property, comprising two sugar t ,tates bought by me, and improved, which has cost me 170 000/. fterling, my profits last year were about <;»6ooA Does that i state m;ike better sugar than the average of the British plantation sugar ■ — Much bi ter. Is that estate managed at an expence greater, or smaller, than the average expence of estates in Jamaica ? — I was at a considerable ex- pence; in the settlement of those estates, in order to prevent any ex- pence on account of contingencies; I do not think there is an estate in Jamaica managed at so small an annual expence. What i;: 'he average crop of the property you speak of? — The average crop is 6oo hogsh-ads upon one of the above-mentioned sugav plantations, and 4J0 hogsheads on the other. H.'.s that e.;l.ite any particular atlvantages over other estates, from its local situation ?— A very excellent soil, which enables me to do I 1 ( 208 ) Mr. Shirley. \H\ -i iJf: ; • f "...v vM.'y Iff with 416 negroes what I cannot do at another estate with 750 ne- groes, and with heavier contingent exp-nces. At what periods have you observed any material changes in the profits of the estates vou possess in the West Indies ? — The price of sugar was very low when I became a sugar planter in 1773; the markets became very favourable in consequence of the American war; we sold our rum to great advantage. After the peace in 17S3, the markets were very low until 1789 ; they impn)ved in 1789, 1790, 1791, 1791; in 1793, they became very high until 1799; ever fi nee that time the markets have lowered every year. Tn the period of which you have spol.on, independently of the prices at wh'ch produce has sold, have not the necessary contingen- cies of VVeft Indha estafes considerably increased ? — The contingent expences of an estate I possi^ssed in 1773* and the contingent eX« pencesof the same estate in 1804, are at least 115 per cent higher than they were. Can you fortn an eflimate of the variations in the profits of your estate before mentioned, since you purchased it? — I bought Hyde Hall in 1788 ; the estate did not come to its degree of perfedtion till 1795; the crops of 1795, i79'>» i"97» -ti^I »798, as far as lean estimate them, not li.iving the papers now befon; me, gave me a return for my capital of 12 percent, during those four years ; but an jniVrtiice must not be draA:i from my estate applicable toother estates in Jamaica, for there are very few estate:! in Jamaica which make 600 hogsheads. It has been declining ever since. In i8or, I'os, 1803, ;»nd 1S04, it produced, on an average, a profit almost equal to 6 per cent. Jn 1805 it produced about 3 per cent. Can you statt; what has been the profit in i8o6 and 1807 •' — I have not the accounts. Have they been greater or lefs ? — They have been less, because the sugars have sold for less money. How much per cent, do you suppose this esta^'? produced from i7?i'. to i794» while you were bringing it to perfe<5tion ? — I cannot tell, because 1 left the crops to my agent to improve the estate, and my agent had orders to lay out all the money the estate produced in improving it. In 177^, you have stated) that the prices were very low, but be- came higher in conseciuence of the American war; do you suppose tiie same consequence would folhvvv the breaking out of an Ame- rican war, if it broke out now? — In the former war you protected us ; in the present war you sacrifice us to the Americans. What would be tht: situation cf che planters in the British West Indies, if they were c hliged to depend upon tht; British North Ame- rican colonies alone f . »" the ir supplies of I jaiber and provisions ? — A trade between the Britisii India colonies and the British North Ame- rican Provinces, for supplies of pmvisions and lumber, cannot be said to exi.-t at present. We receive at times some lumber from Halifax and Newr Brunswick, some corn and some horses from Canada, some white pine boards and planks, and some ranging timber, hut no pitch pine, no oak staves tor puncheons, and no Cyprus shingles, an essential article, because, after several trials, we ha\e found by expcrieuc<;, that slates, copper, and tiles, require too heavy i> because the ( 209 ) roofff'for a country siibjtxt to hurricane. 'V^'e pet some pood fish M«- from thence, but no pork, which is a great article of food for the ^'*'' '*■'>'• negroes. I have not sufficient knowledge of Canada to say, whe- ther, in tliat immense country, there are iidt pitcli pini-, hmibcr, and red oak staves, butiit is a new trade, which must be created; and if, to encourage this trade, a monopoly is re(]uired of the Bri- tish VVest India colonies, it must complete the ruin of the Jamaica planting interest. To what uses are pitch pine applied in the \^'eKt Indies, to which scantling of the white pine, or spruce, cnukl not be applied *---Th«; information of my carpenters in Jamaica was, that white pines would do on the inside of the building, but not exposed to the weather. Would the British planter's market for rum be injured by a mono- poly of their supply being granted to the British North Amcricaa colonics? — It wruld make the planttr still more dfpLiider.t on the British merchants, who cannot be very indulgent in such times as these. They seem to pity our case, but they add to our miseries, by always deriving a profit from our distresses The tradi' could not bt* carried on directly by the planter as it is at present ; a middle man must be employed, and the middle men can only be thi- traders in Kingston, Montego Bay, and other out-ports; thos(! tradeis are almost as distressed and as poor as the planters. There are no bankrupt laws at Jamaica; nothing more common than the non- payment of an at'ceptar)ce ; the merchants are fur ever suing one an- other. The merchants in North i^merica could not truft them without the guarantee of a Britifh mt'rcliant, and this would finally throw th(^ lumber trade into their haiuh,, as the Irish provision trade ' now isr We should lose the market we have at present for our rum, and by shipping it all to England, it would only pay th^' charges. Un- der the old colonial system, Jamaica increased in wealth; tliis in- crease of wealth produced an increase of culture ; this br(ni;:ht to the British markets a greater quantity of sugar, rum, and cotlee. Enor- mous duties have been laid on sugar, find tne co.i iiraptioii ha^ been so much injured, that it has not risen in proportion to the increasi d population, and the increase of wealth in the liio her country. The war prevents there-exportation, and ihe price or colonial produce is become so low, that it draws the attention of parlian ent. We shall probably be reduced to the necessity of clayiny our suvvars, which would greatly injure the British shipping.', and the revenue. Our former prosperity attracted the attention of all traderi and ship- owners i nothing could satisfy them but the strictest monopoly ; and, if it is now wished to add to our miseries, by trvolingtl.e little wo have left to the prospeiity of the HritiKh American colonies, we mut-t he undone. We have had this year, in the parish of Trelawney, in Jamaica, a severe drought ; and if we had not had the immediate assistance of the Uniteti States, i)ur s-taves would lia\e been j;reatly distressed, and would have been reduced to green iood, wiiich would have produced a great mortality in autumn. How was Jamaica suj)plied with lumber and pr(^vi^ions between 1786 and 179.?, Nvl'.eu no Americans were allowed totiaJtj there:' — Ao far as nty recollection gues, I bought uiv luubtr in tt.c u^ual way ; P ( 2iO ) i i t' liT^n '^f* lumber usrd to be brought by the Americans in small vessels, imder .s.iirlcy. tijg (^^,^, p^j-j j,<^^ j ^Jq not remember any interruption. In what manner are the Am(;rican imports from the United Stat.'; paid for by the British planters? — By colonial produce; namely, rum and molasses; by money, or bills of exchange. The difference is great between payments in rum, and payments in money ; that is to say, the American will take much less for his lumber and pro- visions when paid for in money, than when paid for in rum. About eleven-twentieths are paid them in produce, and nine-twentieths in money or bills of exchange. This was the result of an enquiry by a committee of the House of Allembly in Jamaica, of which I was chairman. Would the British planters, in your opinion, be relieved to any, and what extent, by being permitted to barter certain proportions of their coffee and sugar in payment for American supplies, equivalent to the cargoes imported ? — They certainly would ; the Americans would take some of uur worst sugars ; it would greatly reduce the exporta- tion of money, and prevent the ruinous consequences of giving bills of exchange, which, in these calamitous times, are often dishonoured. What measures could be adopted in this country, with respect to the consumption of rum, which would be advantageous to the plant- ers?— To encourage its consumption, by supplying the army and navy with rum instead of l)randy, as it was done in old times ; gruj being naturally the favourite liquor of a seaman and a soldier. If the subjects of the United States of America were excluded from the market, would not the British North Americans take the rum, with a view to sell it to them ? — I should think that the rum would come here, and that here it would sell at so low a price, that they would be able to afford to send it to the United States. Withdrew. Hi ", I'll! u ROBERT MILLIGAN, Esq. called in, and examined- Mr. WHAT is your connection with the West Indies, and what meani Milligsn. have you of being acquainted with the colonial trade ? — I have been a West India merchant in London, for the last twenty-seven years, and for the twelve years immediately preceding that time, I was ;i merchant at Kingston in Jamaica. In the case of a suspension of a direct intercourse with the United States of America, do you conceive there would be means of obviat- ing the inconveniences likely to result to the British colonies, from the interruption of that intercourse ? — If the intercourse should be interrupted by an American vv.ir, of which we have already had some experi(!nce, I should think that the island of Jamaica, of which alone I can speak, might certainly for a time be put to a considerable in- convenience ; but if we are to judge from the experience we had. In the course of the American war, those difficulties would be in a ^aeat measure overcome by supplies drawn from other countries, and from captures, as was the case during that war. I was in the island iVom 1775 to 1779. AfUr a short time, we did not experience any vi'iy niatiMial inconver.iexTces from the want of lumber or provisions; «ru{ the price was neviT during that time extravagantly high; it wa* :1k 'M !. ( 211 ) very often very low, depending upon those circumstances. If, how- Mr. ever, all intercourse either in British or Anvericari ships was to be Milligan suddenly prohibited, I think it would for a time produce very great distress in the West India colonies ; but if lo or i» months previous notice was given of such intention, I think it is probable that the supplies that would be sent from the British American colonies, and through this country, would in a great measure prevent that conse- quence, although it would certainly occasion very considerable ad- ditional expence ; and if that system should be persevered in, I have no doubt but that in a little time we should either cir.-;uitously, or through neutral shipping, receive considerable supplies even from the American States, in spite of all possible restrictions, as their annual crops and produce, particularly of wheat, flour, corn, rice, and other articlesof provision, are of a perishable nature, and for which the West Indies is the principal and beft market, so that in fact, the States of America are nearly as dependant on us for a market, aa we are on them for the supplies- Are you certain, that in the time you mention, no part of the supply received in Jamaica was the produce of the American States, not by capture, but received under neutral flags from the neutral islands, or otherwise ? — I do not believe there was any under neutral flags during the American war. Was any part of that supply derived from those parts of the United States, of whicn we yet i-etained the possession in British shipping ? — I presume there must be some part, but no great part ; we had always a Cv)mmunication with them, but it was of very little importance at that time. Can you state to the committee (speaking from your own know- ledge) the extent of the supply of himbcr and provisions which could be obtained from the Briiish North American colonies? — I never had much connection with the colonies of Nova Scotia or New Brunswick ; their trade- to Jamaica, during the time that I lived there, was not of much irnportance ; but I have always under- stood and Ijelieve, that they arc now capable of supplying almost any quantity of common lumber and fish in abundance, and are sus- ceptible, with due encouragement, of great improvement. Canada I know can furnish any quantity of white oak staves of the bf'st qua- lity, and in some years large qliantities of wheat and flour are shipped from that province: but I do not think that in the present situation of things, the British American colonies alone are competent to furnish an adequate and seasonable supply of all the articles, parti- cularly flour, rice, at present supplied to the West Indies by the American States. Is it your opinion, that the intercource between the West India Islands and America in provisions and lumbi;r, can be carried on as cheaply in British as in American ships ?--lf regular convoys were allowed to ' ' Britifh ships in that tr;)de, 1 presume that the freight and insurance on British ships would be very little, i*" any thing, more than upon American ihips. Have you turned your attention to the possibiiity of supplying the wants of the British West India Islands from the Britisli fisheries, more exclusively than at present ?— I ceitiinly have turned ir.y at- !»^- (. -'v »( n » r . -I'm 'it; ■4 m m r J' ■;; > 1 t i ■>.'!■ J?,;! Mr. ;an ( '212 ) tf-ntion to till' supplying tlio Wt-st India I.'.I.inds with herrings, which is the moht dcsiriiblc artick' of footi for ncgroos in tht* V\ est Ituiiis, and in thi- coursr of my intniirics, I have found the whole of the lirilish fishorit'S totally inadequate to the reasonable sui)ply of tlic West India Ill.inds with that article, and in consecjuence 1 have with other West India merchants, made application to parliament for pt-r- niissit)n to import Swedish herrings into -this country, for the supply of the West India Islands, on the same terms that they are allowed to be imported into Ireland. Are you aware of any other species of fish which might be import- rJ from this country? — There is no species of fish which could be carried to the ^N'est Indies so desirable for the slaves ; there arc pilchards, which in some respects might answer the purpose. What do you conceive to be tht; causes of the present distressed situation of the \^Vst India planters? — The present depresst;d state of the sugar market ; the very heavy duty upon that article, out of all proportion to its present value, and the permission given to neutral ships to bring h.ome the produce of the iiiemies' coloiiits. What ine;ifures do you conceive best calculated to atlbrd relief to l!ie V\'e>^t India planters ? — I should think the reuioval of thofe causes which occasion their distress ; a reduction of the duty ; a blockade of the enemies ports' in the We; t Indies ; any expedient which could be found to iucrea;;e ti'e home consumption, or the foreign demand; euch, ill respect to si;gar, would be its use in the distilleries, or in re- spect of rum, its exclusive use in the army and navy. Alter what I have before s.iid, I tm also of opinion, that if regular convoys were to be appointed for the Br'tish ships irading to and from the West Indies to Anu rica, that the measure would greatly promote the Wefl: India interest, as th«? plantcs would then have the opportunity of shipping sugar and coffee to that market (which they cannot do in American ships) and at a reasonable rate of freight, and might in return have their provision and lumber shipped at the prime cost, with very little, if any, auvance on the freig' . now paid to Ame- rican ships ; indeed I have always been oi opinion, that if convoys had been appointed at the commencement of the war in 1703, to have protected the British ships at that time statio' \l in that very course of trade, and that liad exclusively carried it on to the mutual ad- vantage of the planters and ship-owners, for seven years previous thereto, there would not have been occasion for any application to thi? West Indiii-governors to open the ports to American shipping. If the plan of convoys should be adopted, other advantages would naturally attach to it; as British ships could land their cargoes at any port or place, whether there was a custom-house established or not, which au American ship cannot do ; and if the system of blockading the enemies' sugar colonies is put in force (and, in my opinion, no- thing short of that will give the ^Vest Indians effectual relief) an- other favourable circumstance will arise to the planters, as the Americans, wlio are in the h;ibit cr receiving about, half the amount of their cargoes in specie, being deprived of the opportunity of trading witli those colonies, will mv):,t probably invest the whole in the produce of our o\v:i ifland^, a considerable part of which may jf'lci wards find its way tu the European markets, but not on tftrmx ( 213 ) rings, whicii V\ est Imliis, wl'.olc of the supply of the ;l' 1 have witli 1 merit for pt-r- or the supply y are allowed ht be import- "lich could bl- eu ; there are •pose. lit distressed essed fitate of cle, out of all veil to neutral ts. ifibrd relief to )f thofe causes a blockade of liich could be ijrn demand ; L'ries, or in re- After what I convoys were bm the West promote the e opportunity uy cannot do and might in le prime cost, )aid to Ame- at if convoys i7<)3,tohave It very course e mutual ad- (fears previous application to ican shipping, titages would ;argoes at any ished or not, of blockading t opinion, no- lal relief) an- nters, as the If the amount )portunity of the whole in f which may not on tfti'ir-s or In such quantities a8 to injure the British exports to those markctn. Mr. Another concession, in my humble opinion., is also clue to the West Milligsn. India planters, and that is, to appiiint an annual c(mvoy to such ships as might be employed in tlie circuitous trade from henco to America and the West Indies, to load with lumber, SiC. on account of such planters as should prefer having their supplii-s shipped in that manner ; and I feel warranted in saying, that many British .'ships arc now ready to embark in that trade, on equal terms of freight paid now to American ships. Do you conceive that any practicabh; reduction of the duty would afford material relief? — I certainly think that it would, for the same reason that I think any additional duty laid upon the arcicle at the present moment, would be an additional source of distress. Accord- ing to my judgment, I should recommend that the r.cale of duty .should be established upon something like this ptincip!*' ; supposing, that at the average price oi i,os. free of duty, Mie present duty of I'js. should be paid, and that for every shilling advance upon that price, there should be an advance of duty of sixpence ; and for every shilling of the average under that pric*;, there should be an abate- ment from the duty of sixpence. "Would any reasonable incrf^ase of bounty ena'ule the British plant- ers to meet the Americans in the foreign market : — I certainly think not- Has the reduction of price, whic'i has taken place at the expence of the planters, been equal to any probable reduction of duty, and has that redaction of price been found materially to increase the home consumption? — I believe it has had its effeoL ; it may not be very visible, but it must naturally have had an effect. If some measures of relief are not speedily adopted, wliat do you conceive likely to he the consequences ? — The prwbable bankruptcy of both planter and merchant. ^Vitlidrew. Mortis y 21 die Juliii 1807. EDMUND PUSEY LYON, Esq. called in, and examined. WHAT is your connection with the West India islanils, and uhat Mr. have been your means of acquiring information ?---I roiidi-d in Ja- Lyoo. maica from April 1789 to the month of June 1801, and 1 have been of late years connected with the island of Jamaica as its agent in this country. Is the present situation of the pl.inters to be in any degree attri- buted to hurricanes, or any other natural calamifes ----No cause of that description has contributed to produce the distress of the plant- ers. No hurricane has taken place in Jamaica to the best of my re- collection since the year 17*^5. Generally speaking, have the seasons been remarkably favourable or unfavourable ?— From my knowledge of Ja:n:uca, froin the year 1789 to the present time, there have bee;: only the usual and ordinary v'jissitudes of weather in that island. Withdraw. < ■ ;,i Mr. Jordan. ( 214 ) GIBBES WALKER JORDAN, Esquire, called in, and examined. What is your connectien with the West India islands, and what have been your means of acquiriiig information respecting them ? — I am agent for Barbadoes, and have resided therein from 1783 to 1798. Is the present situation of the planters in any dogvee to be attri- buted to hurricanes, or any other natural causes?— Certainly not; I kniiw of no hurricane which has produced calamitous consequencea to any material extent. Geitt-rally speaking, have the seasons been remarkably favourable or unfavourable ^•-The seasons have been in general tolerably fa- vourable. Withdrew, b ^ 1^' hi. I.- ( 215 ) I' i! ACCOUNTS. ,1'" An account of the Quantity of SUGAll Imported from all Parts hwo Great Brilnin from the Year 1791 to the Year 1806 inclusive; distinguish- ing each Year: — Also, the Quantity of the same Exported to all Parts ia the said Period; distinguishing the I'lxport to Ircla/id from the Export t(» other Parts, and expressing the Sugar ia Cwts. after reducing the Refined into Raw on the principle of 34 to 20. YEARS. 1791 , 1792 , 1793 , 1794 1795 1796 1797 1798 1799 1800 1801 1802 1803 1804 1805 180(j IMPORTED. Cwts. 1,813,102 1 ,989/230 '2,le4,7'J6 2,519,181 S, 151,272 2,240,299 2,!39,S87 9,699,864 3,390 974 3,164,474 3,976,534 4,297,079 3,185,894 3,243,306 3,178,788 3,815,175 EXPORTED j^ To Ireland. iTo other Parts. Cwts. 141,639 117,254 1.54,275 163,743 168,264 144,446 208,343 176,325 211,185 358,775' 122,611 182,896 151,639 162,728 1 66,028 184,302 Cwts. 268,342 310,383 363,354 866,044 616,668 541,792 657,821 1,C46,!)S7 407,3.52 1,298,777 1,080,138 1,863,872 1,541,643 941,209 936,657 878,633 TOTAL Cwts. 409,931 627,637 517,629 1.029,787 8H,P32 686,2.'38 866,164 1,223,312 618,537 1,657,5.52 1,202,769 2,046,768 1,693,284 1,103,937 1,102,685 1,013,435 Tiispci'tor General's Office, Custom-House, London, 15th April 1807. I WILLIAM IRVING, Inspector Gcaeralof Imports and Exports. hi il ( 216 ) H$K t: *-•" c ,^ O ^^ .^ 5 ""is ■s e.5 .*> c bo 3 ■72 O rt i " bO c,£.2 6 ^ S O 3 IS ° n '^ >^o3 — O a ti t- rt w U-d - Ci O >~ -f I' '^ •"< ':'^ CT) 1^ •iJ x> v' - 1 '^ i - '^ ^r '^i "^ 'o c* c. •+ to — O O .- o 1 ■ ■>! , "l VI o. oj X o r.- CI CI e< 31 rf I-) n t^." w &?: l'^ lO 'o ;-;-, f- Jv r. tr; -*. -» n *r> -o rs — « 'C I' W CO o or-xTr-T 1-5' o" CO f c^ U-) O". 73 •-< ro o — to >— 00 « 'h — I j:2 I £ X '^ 01 00 'c H ^ C C O, 'O -M r; "(^ 'o c^ CO 1--: 'O ao ro r; 1-' cr? o -^ /m" C 3D o "' I- Cl — . c^ C) 0-1 C) '•I to oi O a. t- <£ 00 e. ITS O 1'' o r- o CJ O f 0-; -« O 0» C C) CN ■* CC QO C_ o " « — "CN oT CO CO o 00 o Pu tn '-0 'o tc 'o i^ I- l^ t- I- 'O fco — O) CO >+ liO' T— »^ ^-* !'-• r~ 1- i~ 1- to »— 1 J— I "-l T— 1 ^^ l^ CC I 1 Cs * ' ! li * f ( 2\7 ) ••} .1 !-) ir) n 00 X '5» 1- .^ r- ? . '^ c i- •£i ^ ip — TT M I." I", -1 'c cr. CI c -. — a. I- '": »^ '^. <'', 5J,?'. -■ I • S. '^L~'-i 1- '-'►' 1 '■I'^^l''- CO •* A t." '^'t t' ^ or -)" ifT (iT c? 'O ^ri- tN'^"— "*" f. r in ! •: T (T> c |, o» ~i -- ^ — •?! ' —< c", o •r c: •^ 'O -. « « 3, CT. ^ 3. ^1 — «o » «o t f^ — cs I- :i r.'^ r^ r.. 'fl CO 1(N cs> — t^ 10 ^ Oi «o — , Cr, -M 1 / W X l^ a> I- <* 'x I- 01 S5 ^C X (» 0_ C'l^ »c « or. ■- r: i- 00 o» cc -r f CO ,.»,•«*.*« M ^ 3-? r " V (n l- 1 "a" cT ■:;?—." U2 01 1- - -M CC ^ CO '^ rf t-- .10 *o ■0 a Ci r^^ 0 f 00 I- ':'^ i.~ 60 .t- «« 1— 1 ^^ ,— t^ ^' ^ r* — « ~> W1 ». 04 ^ -' ::■< . 'P yr) oa V> '■■ ^. '» If; •♦. ~ W OT •— • - 1- ^ - - ';> CO 0> -O 'T -_^ O^ -^j ')>' . -'!,'«'*'. 0^ :, ._i- '.. Tf •\ »-r w "^r " r r- —"'*"? " t- er" '/ -r ■ ^0 1 - »c V2 5-. 1- '!' -' ■-* -K _ r}. 1-; Tf ■^ —< i"- -^ ir; >ri r-j f _ f. »-. '.' »» »1 "1 «> 3> t^ C "^ « '" » 'O ■^ »J^. t~- -f •^ '-C 1- 00 CO ir l- o» ^C '-0 C 0-. irj „ CO ca c\ o> rr. ■y. '0 c. r. :-. n 00 01 CD -r T C« iri Ci CO c >-'^j — >— * C. Ol ir, OC -M CO 0-. CC t^ X 00 : - !>• CO — CO I- r*l -N — Cl 'O 01 |, CO « >C 1 - c CO ~ CO CO t- — 0. 0-- 0. ;£> CO t-1 r-< t— t— 0» .- r- ^) CM r-. C) CO •<»< 0-1 c» c^ CO CO •— 1 O* C^ f "O oc CO CO :o CO f^ r~ t^ i^ i^ bo — C-l ca -f "•; c. (35 cr. «^ i^ I- i- o bo -" C* CO -t- >r> CO bO .-, ^ r^ r^ ,-. JH _ o c o o CO jc X to X ao a o a S U4 3 J O 2 O c t: g o o. ■t::- 4 ( 2KS ) P« .'•w,- ■ift4 J,«^!''i •c a ?2 e " •-" bo •- J3 f£) bo 5.2 O (A a o U ?! ^„ "» ci: " o r^ CO a. O 'jO ■n vi 31 O ir) X 'JO o — a> H Pi O a, !^ M u 0 a> ■« -- O'l CO CM I- •+ « -r o a. I- -- CI •. .. •> • m. O — Q o. — !>• T O cr r" c 'c c 'c x Ti ■ oe c^ o 3-. I rs CTi i~ I- '■O O. -H c - ~ c '■«. - =: — ■^t- r- "^ « f« 1-1 tp Oi >o ■« lo "i « "^ O CO « « » ^i^i co^ci o» -- O 3, Tf > n 01 CO . C O '.- o o> tf) — ^ r-; (C 1-- .:i o. iTi — • •-< -S t£ 'o a, c3 "■'^ * ^i o tr c^ '-' cc o CC I- CO Ol -w» o 'O cri_ ri_ o Ci oo' W M ■+ c^ cc 3' :?■ T' Cl CO "5 fj "?* (31 0« CTi 'O 05 c ::. >o %o CO :3 — O O « t- %; — CN — i^ oo rh C>_ -^ M X 'O l-H t— t-H 1^ CI ^ 'm n ■^ o ^ CO 'o * a> •* lo rt IT) c-i CJ to ■ «r> n* u^ CO 'O 'O O "O l, I- ,, t- 1_ c- cri "^ »o t- t^ 1^ i- r- 1^ i^ i^ I- ce w bo f^ r^ r-f f-« •-< H M ( 219 ) «r r< cfi t~ cft I- "M >f5 'O o f.l 1^1 'f — — • c< "". n »o o •0 "^ n -f — v. VI o -o en Oj^ CO O -t l-^ '£." r--" 'O *r o" O. I- — CO — I- ^ v o. « »- h- c» »» >-« CC X O 1- CI or 00 O Oi cr7 c» —• 'O o 't' ,=; (?< « oc f ©♦ !,". n ct X I- c -j; 'C -^ 00 "\ X u^ ''^. * -, w>|- lO ^ OO CO '.'j^'o — X a, 1 i;i ^ — la t- ©» r- 'o o> r-. in ir, I- -t cs lo" cT a?" cT (~f n » — Ci to •»»■ o «0 O "O o i^ w 'O re- 1 •* (>« V CO 'o CC "H o S '"I d CI CO a-. -;. " If j O ci' •''^ C< 10 e^ tN I- c aa CO ©1 O'J >0 ^ 03 — <» in ir- 00 r- o« to t- a. "C *^ •* 1- a « « i •- " '-' 01 -^ «^ w W cf « 'M" r-" O •* ■■»' {."f C? CO CO CO — fr) CO ■* in •0 00 00 00 00 r- t- t^ «^ I- to a i— t>> CO ■* in Oi CT) 7. 0-. a> t- t- i- I- i^ bo a a < ■— 'I'l so *?• 000c CC X * 00 'X CO o to ( 2 JO ) f|i'^'"*'.i 1 1 1 ,' 1-s *M I, ^■3 •S.I 3^ •J 2 « O "" s t g o "1 ^ O >-! O^^ CO J3 ■*<—*-> o o H 2 = u-3 2 <= u: - o E g. M •f — w» r- *i •J 1- •' « » S ^ ^ ^ r, t, t% !► « 08 <0 ?. '0 ;j CO tC «C ^< Ol ?! «^ t~ a^ ?• •> -f in '.n I- •?! ^l o en i- « o> "^ «c "1 o" O K» •* '-O * o^ « 00 ?• O 4J "T --f ^ "O O t •» »t K ». M ? ej JO 'o a. y O ifi to w ^ •o T-i •>) 'O r- « O) "n !>• O o, ■--: "T I- I- o 00 "f" M Tl O o «o •* lO 3< t; — rs -f >r5 ■?» 'O "T 01 00 O O c« o en — oi . CO CN 'C ♦ 'O O -^ I- I- o« ,0 o to «o 10 f "^ ©» c ■+ \. li!: ( ^^M ) . ! Vi r^ r. 3. a ■+ »» t^ <0 00 r- tr .r, — o. X »- CI '.1 P* o ■ 1 1 • 11 c f "• '0 r. C T — — •»< 0. /, "V "1. c '.'?■- 1 t c -T C", ir, 3. "•, 5. 3. r- C C ""- r>- T) Ob w :i O f '^ vo — (f) "i "^'o -f ^ „ 01 C v^ 3. •f (.■■< V. «o cr 1^ 7D 5 '"« c »- 1- 5 IN ri t* or — •- CI 01 M f. 1-" CI n CO f O — e -. 'r> J. o, 01 c ^ o c c: •<-, o. .o Ci a 00 — o eo p OO 7-. CI 1- -5. to CI C 'i^. "T C -- •» r " •» #• r» p '.T 'T <£! ^, CI ■<' « '^ ^ 'O CI CI 3. >- 0-. O o. ■« o. c-; V "_£ CI • « C> -N t- -O X X 1- T ri '7 T "^^ ~ ^ of c> i-" ~ r^ ^c\ — T (n ■■f CI •£ t- t 00 + 11 — •+> C) ^ 1- c; "^ oc I- O 0-, C -H — •* X J' 05 « ■+ 1- t- * •+ « C^ MO) u^ -r 1- CO c~. r~ c» w 'O CI 'fl a. •n n " t'i c« ^1 55 I 9 I -3 ■I a w tS O H a: i -o « a ■< •1 t; lit' — CI ri ■*< 10 tr « cc -r, CO t- I- t~ I- i- ba p^ !»• — 1-^ "-^ Ih — CI ir •*• u-i 1- i~ I- bo O O r. C •:. O fcjo uc (;-, X 00 go CO rs r-» r^ — f* I— I r^ t-^ o g CO I s 1 oK o n. o " ■? S ( 222 ) ^••'<4 '•M' It 1 !^1 I r t i*. ]t o u ■JS-C .2 c' cq.S o -d S3 .2 'n o 3^ (o > « t~ I- — 'O P " c^ -^ LT O '^ "5 •+ bJ CO W "f CO C:^ 05 — 0-1 l^ CC 'T' '-C 51 CI (M'crT c-T 0> (M CO 00 'O c Cf. O ^ O (^ OC X JJ ^C to i.- ^j '-C (O 5D «5 0 'O C CO 3^^~\ •* tj-* CO cr •+■ co^ CO ^ OC VO « IC O :l 0» O CT) 03 CO 00 -+ ■" C — • C-) '-r r- lo CO C) "c^ '0 i~ 00 of—' cf — 0) ^O 5. -■ G-. 0-. 01 CO ^ ':: 01 '^^ O to CJ_ :t^ X cr^ 01^ ■^ -+' oi' of -+" 0-. 1- Co" '0 rn — cr »- — I- ^ -- -c 0. a. 1^' "^ '^ "* -^ • to — 1- CJ c-i I <0 u f^ 1, _. -I- o O ^ r; -i- l~ CO 00 CO CO "0 CO tc oi 01 Ol T* -+ X ;o « c:; '0 r- cr, — CC O* '0 I- CO — '^ c "2 CC --O 1-0 O) •sD CO -J. I- t- CO 00 r- o -+ CO • ■ c. 9* CO 'O IT) CO * CO 0) 00 IT) * " t- c CO CO t- t- *c — e« C" 'J" T) o^ -c CC ;c oj I- 1^. 1^, 1- 1, to C i C O w o 00 X- X X j: X. to O o a li^ c ^ = o '■U k ■4 :.i. M m J ( '22'i ) 1 S-2 c - S 2 T^v;-^c, • llli'' \ 'Bt'i ]'"■ i , ! -a 2- ^ C) « M — CO 1 c-1 •+ V.' — O CO 1 CO ^■k':.;'. 1^ a. c c •+ c ir; TT ';': c vo T '■^ HBi'^j,. ji •< «; ..,_ •=LH ■mt^flis-c.":'^ ' ». ci) -r'5 ^K^t^''' ■ -■§ ^ J^ jBmf*'--\ m^^''' *^'5 I-' D 4-« c ir cr. C - r- C O 1'^. '-C — O a; ~ ~ n I- ^ 'w a. 1 - ;;. .. Ci c^ 9^. 4. f "i u OJ ^ CO o C-, t c ■^r rt -r--: '- cr CO .f i C o o ^ '-• '.T '- Tt< 1~ '- »- C^ T. - - -t t— « •- a. &- o »0 I- '"^ "1 cc G. tc c^ fr„ I- <-■ l-_^ 5 o ;< o r— I f— « "^.-rct c< ~" jT V w H '» i r- -f • / ^.H I ^:'0 t^ a • C C CC -+ — 1^ 'O 01 '^1 'C t t- 3J e c ^ 'X 0-. 'C I- -z -^, '" 'C w -C - ** •^ R. ^ c, -„c._'o o C^l- « •--^" *? -c &- —' rr" lO'xT 'V'i — o:" — '-=' 10 c- «^ . *-» H o c^ C E- . a ■ '■■" . ■ri PI a- 3 '■- r: ♦- ip^ '■ . ^ c J5 •- w •f^ C: 'M O + X -r* ir^, ^^ tj.. -* c H »; OC t^ C C 1- ^ c^ --I I- -t ~ J — 1 — -r 1- ~ 1 -' .o I- I- .— 5" — '^ C, cr ~ CT t' ::) r; -->■ ~ CO ^ Cr. 'O 'X rj-^ -.^ '» '] ■■! p-T -T „■" _ I- -r, •^t I- i^ t— r— -' C i- (^-c »-^ ■i ; <« a o-- . 1 >,^ M I j 1 — rt • c#: ■C J= Ih * l^ 1 3o^ • o Q) a-Z »o c/i Pi o - ^ r T c ' c- i r •+ ir ^ c -^ 2 •o tb o X ^£ So 1~ 1 ■ 1- i- 1- fc/3 l^^C *" 1- i, I-, i- 1- t-, 1 - t - 1 - I - ^ i.. •3 ►^ I*. , P ,/^ 1 '^ O-u - cs ^.5 F < < < iro ^£..- < i iMi^^i^' / ( 225 ) lifS 1 ' 11: ' ' •rj oc 06 « m 1^ ai CD L~ o VD c^ t-_ a. .s^ n ^ c" t-" «r o *o » CO t- a. ♦ C CO CTi c ©i 00 O 1^ CO o> »o CO Tf e» •0 U) 00 Ol 00 (0 00 o« o n t- CT> UO i- Oi CI r- u^ t^ <0 -+ C2 »o o crrcc'oT CM "" ;o — 00 l- c^ ^ "^^ t- "0 U) 00 *• -t * c« 'f CO a> i~ CO oJ c ' 0)_ 30 o "0 P» f" d — uo •-• O CO O 00 C'> CO «> 00 C V9_<0 00 -*"d"co'"cr„'' o» « « -< ■ t~- 'fi CTi 'O fl> 00 >o io « o ♦ ^ »* r\ ^ *s ^ If <— Oi t CO ■* -f. CO r^ O W ao CTi — CO *C pe: a, ex ec c« »c e» o CO CTi 0^ 00 •* I - CO CO cj, '*•-'. —• o» TJ* O t- ?» CO t- o, o» a. "0 o» -^ — t- ^ 00 00 «c "o «»< o a. « ^ ^ j^ ^ cf 00 o"< c t o^co" 00 <*r CO CO o» p" oi^ t^ -o CO 2 ♦ - CO *0 "0 •-• CO 00 CO 'C O CO t- 1^ o» «r> ^ o> ^- bo I »- o< CO •* lo O. Oj 'Ti 0» Ti c- «- t- l~ t^ bo — e< CO "*• -ri 4) i3 O U ^ pot O * " a. O O - 0 "^ W"S C^ l-H Cv O t O^ m NO 4- "> C O o o 2 ■- c O H P '5 M CO o c*' ^-o oo 00 '•■so - • o t^o° oo f*^ (/I . r> *^ *« r< — ON "^OO O M O 00 O f< »^, 30 **j c o t^ u-j — w M li-j 't "ft t-^ rrj O O r> rO Ov t~»^ I/-. O •■~- :S c^ M o o « Ov I- ■£> \i/ t». O'.O ■* fj O r^OO -i- «*■ I- :/ i- «-^30 H e« H to M h^ H ro ^ t^ O ^ *^ '^ "^ bO n M M •« Fi -• -t; ( 227 ) CO looo r-vo M 9vO >- f^ t^ N N M M >>?> ■+ OO OO - O - iM 1^ CN f^ rl O^OO t-4 OO \ri rl 'O rO - U-, »-~ Cs ■«»• o '^ M rl "I-VO a- - t^ t^ t/ \o >o_ J^ 't »^ ^ c r- ». r> '~ . ' * •» so r*; ly^ *-« ^^ "O ON O ••' ' ' T o >0 lo C7 vc ro r'5 t' rr o «-~ O MM I-* CO vi- r< .t '^t Ni4 H >n " 00 ko t-^ t-^ M O 00 '- «l fl M 11 1 rl oo ■^ 'O NO O O o OS o r4 u-.vo «^ *^'"» ^ 00 r^ r^. ro M ■O I , ro -rf r) n 1 ■o vO ao OS 1 H fi t-l ro oo <>, ^, '^; 1 rA ,', t-U o 00 wi 00 0» ro tJ t -< <^ c< rO d 1-1 Hi H 1 *^ t- O MO •"l O O r« O »*• M o « r» 1 1 1 rj « ~ O "o H O X -^ rl u-i r^ rr^ r^ O On M 0 O -t On VO o -o n-^o o 1^ «. r> ■O 1 1 1 "■) ** 1 1 •* •*• rri r-- r-~ ^ f^vo ^ rl vO O « o" Mi 1 1 1 to 0\ CvOO U\ 1/-1 - w H W Ov ^ fo o> t-- t^ •+ -1- "H- •+ 00 ►> Cl Os-C VO •O O t~, OS r^ I-- w- O "-> O «^ 1- •+ oo 0\ On -' OS r^ OS w OO oo n - NO rooo Hi to CO '-o o «5 li O "i- O d O so Tf r~. -J- M t~^ Tt- vO tr-^ vO r^ r| CO i-i O ( - '1 ro f r^tc I-.- o O »O0^ fO '■'I N — OS •-■ rO M oo rl n ro *o 1 r^^^O sc Cs ri o vo r» t-- rt tn>0 ^ <0 00 SO rr H OS CO kM Cs-o t^ O "£ r- so MM n n M Hi m C< -, Hi ^ r< en *:t' 'o »C OO 00 r>t. OO 9j to O > 3 a c •< M r> m -i- lo OS OS O OS 1 ~ t^ r^ 1^ . - bo « o s O O m •I* ti^ sc o o o J oc 00 oc oo M 1 M ^ ^ o I cJ" „ r. C = 3- f *l: c H w Q*^ 5- 3 !i!l^ it !i;||'i |i -■•1 ( 228 ) An ACCOUNT of the Value of DYE WOODS, and other Miscellaneoui Articles excepting Sugar, Coffee, Rum, .Cocoa, Pimento, and Cotton, imported from the h est Inni'i Colonies into Great Britain, from the Year 1791 to the Year 1S05, t^^^h inclusive j distinguishing each Year. :''>i . £■ 1791 218,159 179* 196,990 1793 151,020 179+ 148,272 1795 169,366 1796 269,470 1797 49'''340 1798 366,981 1799 509,406 1800 703,086 1801 523,734 1 8c.'. 287.974 1 803 - *53.4'8 :8o4 351,621 1805 244,764 Note— The Account for 1806 cannot yet be given. Inspector General's Office, Custom-House, London 14th April, 1807. •l WILLIAM IRVING. Inspector General of the Imports and Exports of Great Britain, ' ( 229 ) An ACCOUNT of the Official Value of EXPORTS from Great Srltain to the IVtit India Colonies, in the under-mentioned Periods, from 1761 to 1806, both inclusive ; with the Calculated Real Value of the same as shewn by the Convoy Tax ; diitiuguishing each Year^ as far as the same can be made up. Note. The Account for 1761 1761 1763 1764 1765 Annual Average of 5 Yrs. 1771 »77* 1773 1774 «775 Annual Average . 1781 1782 1783 1784 1785 Annual Aver^-«ge i79» >79» »793 ••■ 1794 1795 Annual Average i8co 1801 1802 1803 1804 T805 Oftieia) Value. 1,392,686 1,473,867 1,228,452 990.330 1,078,682 1,232,603 1,114,164 1,440,121 1.337,387 1,418,807 t.7t8,4S7 1.4*5.787 1,149,528 1,742,588 1,869,246 1,289,841 i,a35.3»5 1.457,303 2,649,061 a,926,385 «, 695,4 1 5 3,617,208 2,880,132 1806 cannot yet be given. Annual Average *4,oo2,79i Jt.j53.640 4,474,670 ♦,905,173 4,047,521 4.344,646 4,313 701 3^»^ 1,035 *-The calculated Real Value of the Exports to the Wett India, amounted on an Average to £. t^ 061,794 lacpertor-Seneral's Office,! Custom-House, > Losdon, April IMh, i;07.3 WILLIAM IRVING, Insp«ctor-yeneral d Impcrti and Experts- ( 230 ) p. II F^, 11 ?!■. '?'lf . '^Mu H» B( ■ J3 - t; *iM *^ '"* to £.:; .S < ^ 1 "g « o O 41 S <« O ^ 5 w "-' o « CQ £ tc^ c '1 S3 a a "* ^ o l> be ii 3 i; be c '^ 3^ r-, •c c "cii o 0) n Is O O H .« b5 O pi Mill t»5 f; ♦»! I I ( I i i CO O O Q III i-< , ••••II 8888? >^ i^. o^ o o r~ 1 1 "^ K-j O «*5 to t>. w i-c o 8 O fJ o o o 8 6 3 be 3 ■rt" (U o ii 01 6 O-ol^. it 6 5o o T3 2- i ( 231 ) •«} ^ O -"'"'- ■i- "O "t ■« •" >^ '''OO ^ III/.".: j; ri^ t^ M r« ri N N rJ N H N fi N H 0.2 o -a Q. a Q'- I I 2^ O'^OOOQOQOQQOO Ji;oo o, q q q, q, O q q, q. I I I I I II I I I M -< I I M ' i/Jl (to I iHrti |NNHNI«N r*»^-^ o o ' ■ n o ' ' o o o f) ' o O O (1 o o o o CJ ( ) Q O o o o o o o o o () Q o o o «*^ lO " ' TO •+ • 1 irj t^ lo () ' o o o 1 H M "O 1^ H w N tn "n 1 1 1 1 ' U«'V>J o 13 3-s: O O :« C Jj' W) ^ « 3 !/2 -O ^1 jz -zi ^^ ^ SI 'J! Zl '^^ji^jsja — -■o-a^TS-a'a'O'S'r'S-S :-*< u it e a o •-••««(* ■ii O ( 232 ) ON t» M O *< ^ ..III .r";i 1 1 1 1 1 1 1 1 1 1 f •• <{ ci ri n H (4 III ii|i||iiiiiiiiiim| ^« e;voo ovOHO"ia-. ^ov>hoi-0'-iOvoo'-'-o\ I 0<-)OOOOOOOOOOCOOO"^«0«^'00 I 000"~000«^0«0»0000«^«^»>.'^0 roMto<<|MN<>000>-0 w 8 J ii T;^::;! r-*» • o -^ o -^ o ^ M K « f* n CQ §o 2 S 8 O O O Q q, o o^ o d o o d o CI 00 M 00 K O § _j- O O O P *j _ ♦3 T3 ^O T) 'TJ «» "w N o o o o 8o o o . 9 Q. ^ »-- O 00 O o 8„ O O O O 00 oooo oo Co 0^' 03 I i^t o oo ^, IMAGE EVALUATION TEST TARGET (MT-3) 1.0 1.1 ■so ■^" ■■■ mm S ta IIP 11.25 II 1.4 V] /^ ^;; y 7^ Photographic Sciences Corporation SJ l\ iV ^v 33 WEST MAIN STREET WEBSTER, N.Y. 14580 (716) 872-4503 '^ 6^ • ( 234 ) An ACCOUNT of the Total Quantity of SUGAR in the Warehouses, and Afloat in tlie West India Docks, on the 13th July, 1807. • Hhds. Trees. Paris. Chests. Seroni. Warehoused Remaining to land - - - 3 '.746 890 3,S95 71 984 71 341 — 3»,636 3.666 1. 05 J 341 — TOTAL Quantity in the Dock Premises, in Cwts. ; Hhds. - - - - 32,636 --.-la-.-. 391,632 Trcs. - - - - 3,666 - - - - 8 - - - . 29,318 Bis. 1,055 - - - - 3 - - - - 3,165 Chests 341---- — -.-- 1,023 Packages - - 37,698 - - - Cwts. - - - 4aS«i48 GEO. TENNANT, Accomptant, West-India Dock House, July 15, 1807. EX riJ ACT from the STATEMENT of EXPORTS, from Oct. 1, 1805, to 8cpt. 30, 1806, from the Ports of the United States of America. Produce of the United States - - - Drs. 4i,a5.'J,7Z7 Foreign Produce --------- 60,233,200 Savannah (estimated) .------ 2,250,000 Dm. 103,736,963 WEST INDIA PRODUCE. Sugar Pounds 106,149,397 Do. clay'd Do. 39.37«.637 ColFee Do. 47,001,66* Cocoa Do. 6,846,758 Cotton Do. 1,833,187 Molasses Do. 53-79* Cotton, Sea Island --.'--- Do. 6,096,080 Georgia Do. »9, 56 1.380 Report of Treasury Department, Feb. 24, 1807. ( 2:iS ) Warehouses, and ^ 1807. 'hests. Seroni. 341 — 341 — wts ; >,3»8 5.165 [,OZJ 5,148 IT, Accomptant. Oct. ii 1805, to )f America. 153,727 !33,a6fl 150,000 736,963 An ACCOUNT of the fJeneral Average Prices of BROWN or MCSCO- VADO sugar, exclusive of all Duties; for 13 Years, ending the 5th Day of January, 1806. WHKN PUBLISH tD. 1793 February 23 June 22 August 24 October 23 1794 February 22 June 21 October 18 1795 February 11 June 20 August 12 October 23 1796 February 23 October 29 1797 February 23 August 26 October 28 1798 February 24 June 23 August 25 October 27 149.397 J7«,637 B 1799 February 23 }oi,66a ^B 46,758 ^1 533.187 H 1800 January 11 53-798 H April 5 H November 10 (96,080 1 561,380 H 1801 June 27 H July 1 1 Department, H August 8 1B07. 1 November 7 FOR WHAT TIME. Six Weeks preceding Feb. 20 1793 June 19 — . Aug. 24 — - —^ Oct. 2i Feb. 22 1794 June 21 — Oct. 15 — Feb. IS 1795 June '.'7 — Aug. 22 — Oct. 23 — Feb. 23 1796 Oct. 25 — Feb. 23 1797 Aug. 33 — Oct. 23. — Feb. 23 1798 June 23 — Aug. 23 — Oct. 23 — Feb. 23 179 AVERAGE PRICE. s. d. 56 a* 59 9 5' »0| 51 10 51 91 40 2 38 4i 48 3* 55 6* 60 71 60 7i 63 8J 62 7i 64 7 64 10 62 ii;i '•7 3J 68 iii 65 II 67 H (■J 3i J.in. 5 April 5 Nov. 10 i8cG 57 H <")6 2 71 3i May ro June 20 Aug. 10 Nyv. 9 iSoi 48 2i S3 6 50 n| 47 H ctntinited. ( 236 ) An ACCOUNT of the General Average Prices of BROWN or MUSCO- VADO SUGAR continued. WHEN PUBLISHED. FOR WHAT TIME. AVERAGE PRICE. i8o2 May 15 August 7 November 6 _ May ID Aug. 10 Nov. 10 180S 38 8 37 4 34 S 1803 January 8 April 30 September 3 December 3 1 Four Months — — Quar. of a Year -*— Jan. 5 May 5 Sept. 5 Jan. 5 1803 x804 34 4 39 a* 46 6* 43 6| 1804 April 28 September I December 29 — May 5 Sept. 5 Jan. 5 1805 49 JO 54 3i iScj May 4 August 31 May 5 Sept. 5 — 52. 8* 5« 84 1806 January 4 Jan. 5 1806 48 6| TH. NETi'LESHIP, Clerk of the Grocers Company. \pril 3, 1806. tf.i\ ( 237 ) or MUSCO. AVERAGE PRICE. 38 8 37 4 34 5 34 4 39 M 46 6* ^ 43 6* 49 10 J4 3h > 55 li 5* 8j| 51 H 48 6| An ACCOUNT of the General Average Prices of BROWN or MUSCO- VADO SUGAR, exclusive of all Duties; from the 5th January to SUt December, 1806. I'll '!' I I rhe Average Price of Brown or Muscovado'^ £• /. d. Sugar, computed from the Returns made in ( 9 4* the Week ending the Eighth Day of January f 2 1 806, per Hundred Weight. isj Week ending the i ^th January 1806 • is 2 9 I* 22d - - is 1 ; "i a9th - - is 5th February - is 2 1 7 »oj 7 »l 1 2th do - is 2 6 84 6 5i 19th _ - is, a a6th - - is a 7 2* 5 «oi » • 5th March • is 2 12th do - is 19th - - is 26th - - is 2 6 8| 2 6 lO; 2 7 si 9th April - is 2 7 5* 9th - - is 2 9 4 i6th - - is 2 8 64 23d - - is 2 5 5J 30th - - is 2 4 iij For a Quarter of a Year preceding the 5th May % 6 II Week ending the 7th May - is 2 5 i« i4th . . is a 5 3 aist - - is a 5 4 28th - - is a 3 I For Six Weeks preceding the l«t June it a 4 10 Week ending the 4th - - is 2 » 5: nth - - is a 4 I x8th - - is 2 3i ajth - - is I 19 ad July - - is 2 I I 9th - - is % i| 16th - - is a 2 4 aad - - is 2 4 4f 30th - - is 2 5 oS ( 238 ) An ACCOUNT of the General Average Prices of BROWN or COVADO SUOAIl continued. MUS- For Six Weeks preceding the 1st August Week ending the 6th 13th 2cth a7tli A\'eck ending the 3d September loth For a Quarter of a Year preceding jth Week ending the 17th a4th 1st ' ctoher For Two Months preceding ist Week ending the 8th 15th 2 2d 29th jth November I2th ifyth acth 3d December loth irth 24th 31st Exclusive of tJie Duties of Customs paid, or payable thereon, on t]ic Importation thereof into Great Hritain. fj'l'* 7-^05. NETTLESHIP, Clerk qt the Grocers Co. July 24th, 1807. No. IX. ,'! *v ( 239 ) WN or MU3- £• '• ''• a 2 3i * 5 7i 2 5 4 2 6 4J » 3 o| 2 I 8i 2 5 10^ 2 5 4j 2 5 2, 2 2 I0| 2 2 3;} a 4 oi « 19 4i a 2 vi a III 2 I 4i I 19 8i I 18 8i I 17 ic| I 18 I 18 6i I 16 9i I 16 6i 1 18 9 I 18 0^ >. •th, 1807. No. IX. No. IX. COPY of the TREATY of Amity, Commerce, and Navigation, between liis Majesty and the United States of America, conchided and signed on the 3 1st December, lSOf>, by the Riglit Hononrnble Ifenry Richard Vass;il Lord Holland, one of his Maje<-ty's Privy Council and Lord Kcc|jer of his M.ijesty's Privy Seal, and William Lord Auckland, one of his Majesty's Privy Council, and President of the Committee of Council for all Matters of Trade and Foreign Plantations, Plenipotentiaries on the Fart of his Britannic Majesty; and James ISIonroe and William Pinkncy, Commissioners Extraordinary and Ministers Plenipotentiary on the Part of the United States. TREATY. HIS BiL\innic maje:?ty, and the Ihiited States of Anterica^ being tqinlly (lesin.us to promote unci pc!{K'tiiate the pood und«'rstandin>; and friendship whii.h happily Jiubsist Intwecn the subjects of the United Kingdom and the citiz^-ns of the United States, and for that purpose to regulate the commerce and navigation between their respective coiintrits, territories, and people, on the basis of reci- procity and mutual convenience, have respectively named their ple- nipotentiaries, and have piven to them full powers to make and con- clude a treaty of Amity, Navigation, and Commerce ; that is to say, his Britannic majesty has named for his plenipotentiaries Henry Richard Vassal lord Holland, one of his majesty's privy council and lord keeper of his majesty's privy seal ; anc', William lord Auckland, one of his majesty's pnvy council, and president of the committe'C of council for ail matters of trade and foreign plantations; and the president of the United States, by and with the advice of the senate thereof, hath appointed for their pKnipot' ntiaries James Monroe and \\ illiam Pinkney, commissioners extraordinary and plenipoten- tiaries ; who, after havmg exchanged their respective full powtrsj have agreed on the following arliclcs : % ( 240 ) Article i. There shall be a firin« inviolable, and universal peacff and a true and sincere friendship between his Britannic majesty and the United States of America^ and between their respective countries, territories, cities, towns, and people, of every degree, without exception of per* Bons or places. Article ii. It is agreed, that the several articles of the treaty of amity, com- merce, and navigation, between his majesty and the United States, made at London on the 19th day of November 1794, nvhicb have not expired ; nor as yet had their full operation and effect, shall be con- firmed in their best form, and in their full tenour ; and that the con- tracting parties will also from time to time enter into friendly expla- nations on the subject of the said articles, for the purpose of re- moving all such doubts as mav arise or have arisen, as to the true purport of the same, as well as for the purpose of rendering the said articles more conformable to their mut'tal (wishes and convenience. Article hi. His majesty agrees, that the vessels belonging to the United States of America, and sailing direct from the said states, shall be admitted and hospitably received in all the sea ports and harbours of the British dominions in the East Indies ; and that the citizens of the said United States may freely carry on a trade betiveen the said terri- tories and the said United States, in all articles of which the importa- tion or exportation respectively to and from the said territoi ies shall not be entirely prohibited ; provided only, that it shall ifot be lawful for them, in any time of war between the British government and any power or state whatever, to export from the said territories, without the special permission of the British government there, any military stores, or naval stores, or rice. The citizens of tne United States shall pay for their vessels, when admitted into the said ports, no other or higher tonnage than shall be payable on British vessels, when admitted into the ports of the United States ; and they shall pay no other or higher duties or charges, on the importation or ex- portation of the cargoes of the said vessels, than shall be payable on the same articles when imported or exported in British vessels. But it is expressly agreed, that the vessels of the United States shall not carry any of the articles exported by them from the said British ter- ritories to any port or place, except to some port or place in America vtbere the same shall be unladen, and such regulations shall be adopted by both parties as shall from time to time be found necessary to en- force the due and faithful observance of this stipulation. It is also understood, that the permission granted by this article is not to extend to allow the vessels of the United States to carry on any part of the coasting trade of the said British territoriest but thu ( 241 ) vessels going out with their original cargoes or part thereof /row okc port or discharge to another^ are not to be considered as carrying on the coasting trade. Neither is this article to be construed to allow the citizens of the said states to settle or reside within the said ter- ritories, or to go into the interior parts thereof, without the permis- sion of the British government established there ; and if any trans^ gressions should be attempted against the regulatbns of the British government in this lespect, the observance of the same shall and m.iy be enforced against the citizens of jtmerica in the same manner as against British subjects or others transgressing the same rule. And the citizens of the United States^ whenever they arrive at any- port or harbour in the said territories, or if they should be permitted* m manner aforesaid, to go to any other place therein, shall always be subject to the laws, government, and jurisdiction, of whatever nature, established in such harbour, port, or place, according as the same may be. The citizens of the United States may also touch for refreshment at the island of Saint Helena* but subject in all re- spects to such regulations as the British Govtrnment may from time to time establish there. Article iv. There shall be between all the dominions of his majesty in Europe and the territories of the United States^ a reciprocal and perfect li- berty of commerce and navigation. The people and inhabitants of the two countries respectively shall have liberty freely and exclusively* and without hindrance and molestation, to come with their ships and cargoes to the lands, countries, cities, ports, places, and rivers within the dominions and territories aforesaid^ to enter into the same* to resort there, and to remain and reside there without any limitation of time ; also to hire and possess houses and warehouses for the purpose of their commerce; and generally, the merchants and traders on each side shall enjoy the most complete protection and security for their commerce, but subject always as to what respects this article to the laws and statutes of the two countries respec- tively. Article v. It is agreed, that no other or higher duties shall be paid by the ships or merchandize of the one party in the ports of the other, than such as are paid by the like vessels or merchandize of all other nations, Kor shall any other or higher duty be imposed in one country on the importation of any articles, the growth, produce, or manufacture of the other, than are or shall be payable on the importation of the like articles, being of the growth, produce, or manufacture of any other for$ign country. Nor shall any prohibition be imposed on the exportation or impor- tation of any articles to or from the territories of the two parties re- spectively, ivhicb shall not equally extend to all other nations. But the Britiih govemmcDt reserves to iuclf the right of imposing on ( 2^.2 ) American vessels rnteiiiip into British ports in Europr ,i tonnage duty equal to that which shall at any time hv payable by British YisstU in the ports of America ; and tin? govi-rnnK'nt of the VuitiJ States rc- BcrvfS to itself a right of imposing on British vessels entering into the ports of the Uriited States a tonnage duty equal t(» that vvhicli uhall at any time be payable by American vessels in the British ports in Europe' It is agreed, that in the trade of the two countries with each other, the s.jme duties of exportation and importation on all goods ancl merchandi/e, and also the same drawbacks and bounties, shall br paid anil allowed in either country, whether such importation or ex- portation bhall be made in British or American vessels. i fi^l m AkTICLE VI. The high contracting parties not having been able to arrange at present, by treaty, any commercial intercourse between the territories of tl.e Uriitul States and his majesty's islands and ports in the IVest Indies, agree that, until that subject shall be regulated in a satisfac- tory manner, each of the parties shall remain in the complete pos- session of its rights, in respect to such an intercourse. AiiTiCLE vir. Ir shall be free for the high contracting parties respectively to ap- point consuls for the protection of trade, to reside in the dominion and territories aforesaid ; and the said consuls shall enjoy those liber- ties and rights which belong to them by r<.'ason of their function ; but before any consul shall act as such, he shall be in the usual forms approved and admitted by the party to whom he is sent : and it is hereby declared to be lawful and proper, that in case of illegal or improi>er conduct towards the laws or government, a consul may cither be puri'shed according to law, if the laws will reach the case, or be dismissed, or even sent back, the offended government assign- ing to the other the reasons for the same. Either of the parties may except from the reoidence of consulei, inch particular places as such party shall judge proper to be ex- cepted. Article vim. It is agrepd, that in all cases wllere vessels shall be capture! or de- tained on Just suspicion of having on board enemy's property, or of tarrying to the enemy any of the articles ivhich are contraband of luar, or for other lawful cause, the said vessel shall be brought to the nearest or most convenient port ; and if any property of an enemy should be found on board such vessel, that part only which belongs ta the enemy, or h otherwise confiscMc, shall be made prize, and the vessel, unless by law subject to condemnation, shall be at liberty to proceed with the remainder of the cargo, without any impediment. And it is agreed} Uiat all proper measures $Iiall be Ukeo to prevc'it ( 2^:j ) lU'lny in tlociillnj tlic o.iso«i of slilp;* ninl cnrpocs so hr URlit In for .iil* jiklication, and iti tlic i>.iynuiit or ncovL-ry of any indiMni.ifiritioii ailiiidgcd or agnrd to be paitl to tlic lna^tc^•s or owners of sucli It is also agreed, tliat in all cases of unfounded diti'iition, or otlvr contravention of tin- regulations stipulated l»y the pnsent treaty, tin; owners of the ve^.iel and caiKo so det.iineil sliall be allowtil damaj^es proportioned to the loss occabiontij tlicii:by, together with the coiti and charges of the tri.d. Article ix. In order to regulate what is in future to be ostoemed contrabauj of war, it is agreed, that under the said denomination shall be com- pri/.ed all arms and impleiin-nts serving for the purposes of war by lanil or by sea, such as cannon, mup(;uets, mortars, petards, bombs, grenadoes, carcasses, carriages for cannon, musquet rests, bandoliers, gunpowder, match, saltpetre, ball, pikes, swords, head pieces, cui- rasses, halberts, lances, javelins, horse-furniture, holsters, belts, and generally all other implements of war; as also timber fi>r ship build- ing, copper in slieets, sail cloth, hemp, and cortlage, and in general (with the exception of unwroupht iron and fir planks; and also with the exception of tar and f>itch, when not going to a port of naval e(|uipment, in which case they shall be entitled to pre-emption) wlutrver may serve directly to the equipment of vessels; and all the above articles are hereby declared to be just objects of confisca- tion, whenever they arc attempted to be carried to an enemy ; but no vessel shall be detained on pretence of carrying contraband of war, unless Rome of the above-mentioned articles not excepted, aro f-jund on board of the said vessel at the time it is searched. Article x. Whereas in consideration of the distance, and other circumstances incident to the situation of the high contracting parties, it may fre- quently happen that vessels may sail for a port or place belonging to an enemy, without knowing that the same is either besieged, block- aded, or invested, it is agreed, that every vessel so circumstanced, may be turned away from such port oi- place, but she shall not be detained, nor her cargo, if not coiitrabanci, bt? confiscated, unless after such notice she shall again attempt to enter; but she shall be permitted to go to any other port or plice she may tliiuk proper t nor shall any vessel or goods of either party, that may li,;ve entered into such port or place before the same was besieged, blockaded, or invested by the other, and be fouiul therein after the reduction or surrender of such place, be liable to confiscation, but shall be restored to the owners or proprietors thereof. Neither of the parties when at war, shall, during the continuance of the treaty, take from on board the vessels of the other, the sub- jects of the opposite belligerent, unless they be in the actual em- ployment of such belligerent. 1^3 ( 244 ) Article xi. Whereas difTerenccs have arisen concerning the trading with th« colonics of his majesty's enemies, and the instructions given by hit majesty to his cruizers in regard thereto ; it is agreed, that, during the preunt bostilltiest all articles of the growth, produce, and manufacture of Europe^ not being contraband of war, may be freely carried from the United States to the port of any colony not blockaded, belonging to his majesty's enemies- Provided such goods shall previously have been entered and landed in the United Statej, and shall have paid the ordinary duties on such articles so imported for home consumption, and on reexportation shall after the drawback remain subject to a duty equivalent to not less than one per cent, ad valorem, and that the said goods and the vessel conveying the same shall, from the time of their clearance from the /Imericanport, be bona ^de the property of citizens and inhabi* tants of the United States : And in like manner, that all articles not being contiaband of war, and being the growth and produce of the enemy's colonies, may be brought to the United Statej, and after hav- ing been there landed, may be freely carried from thence to any port of Europe not blockaded, provided such goods shall previously have been entered and landed in the said United States, and shall have paid the ordinary duties on colonial articles so imported for home con- sumption, and on re-exportation shall, after the drawback, remain subject to a duty eauivalent to not less than two per cent, ad valoremt and provided that the said goods and the vessel conveying the same* be bona Jide the property of citizens and inhabitants of the United States. Provided always^ that this article, or any thing therein contained, shall not operate to the prejudice of any right belonging to either party ; but that, after the expiration of the time limited for the ar- ticlci the rights on both sides fhall revive and be in full force. Article xii. l\ f And whereas it is expedient to make special provisions respecting the maritime jurisdiction of the high contracting parties on the coasts of their respfsctive possessions in North America, on account of pecti- liar circumstances belonging to those coasts, it is agreed that in all cases where one of the said high contracting parties shall be engaged in war, and the other chall be at peace, the belligerent power shall not stop, except for the purpose hereafter mentioned, the vessels of the neutral power, or the unarmed vessels of other nations within five miles from the shore belonging to the said neutral power on the Ame- rican seas. Provided that the said stipulation shall not take effect in favour of the ships of any nation or nations which shall not have agreed to re- spect the limit afgresaid as the line of maritime jurisdiction of the said ( 245 ) ncutr.. tiu .'. And it is lurther stipulateiU that if either of the higli contracting parties shall be at war with any nation or nations which 8hail have agreed to respect the said special limit or lint? of maritime jurisdiction herein agreed upon, such contracting party uhall have the right to stop or search any vessel beyond the limit of a cannon shot or three marine miles from the said coasts of the neutral power, for the purpose of ascertaining the nation to which such vessel hhall belong. And with respect to the ships and property of the nation or nations not having agreed to respect the aforesaid line of jurisdiction, the belligerent power shall exercise the same rights as if this article did not exist ; and the several provisions stipulated by this article shall have full force and effect only during the continuance of the present treaty. Article xtii. With respect to the searching of merchant ships, the commandert of ships of war and privateers shall conduct themselves as fly as the course of the luar then existing may /-ossibly permit towards the t/tost friendly poiver that may remain neuter % observing as much as possible the acknowledged principles and rules of the law of nations. And for the better secvtrity of the respective subjects and citizens of the contracting patties, and to prevent their suffering injuries by the men of war or privateers of either party, all commanders of ships of war and privateers, and all others the said subjects and citizens, shall forbear doing any damage to those of the other party, or committing any outrage against them ; and if they act to the contrary, they shaU be punished, and shall also bt> bound in their persons and estates to make satisfaction and reparation for all damages and the interest thereof, of whatever nature the said damages may be. For this cause all commanders of privateers, before they receive their commissions, shall hereafter be compelled to give, before a com- petent judge, sufficient security, by at least two respectable sureties, ■who have no interest in the said privateer, each of whom, together with the said commander, shall be jointly and severally bound in the sum of two thousand pounds sterling; or, if such ship be provided with above one hundred and fifty seamen, or soldiers, in the sum of four thousand pounds sterling, to satisfy all damages and injuries, which the said privateers, or officers, or men, or any of them, may do or commit during their cruize, contrary to the tenour of this treaty, or to the laws and instructions for regulating their conduct ; and further, that in all cases of aggressions, the said commissions shall be revoked and annulled. It is also agreed, that whenever a judge of a court of admiralty of cither of the parties shall pronounce sentence against any vessel or goods or property belonging to the subjects or citizens of the other party, a formal and duly authenticated copy of all the proceedings in the cause, and of the said sentence, shall, if required, be delivered to the commander of the said vessel without the smallest delay, he pay- ing all legal fees and demands for the same. ( 240 •) Anne r.E XIV. It is further agreed, that both the said contr.icling parties shall not only refuse to receive any pirates into any of their ports, havens, or towns, or permit any of liicir inhabitants to receive, protect, harbour, concerd or assist them in any manner, but will bring to condign pu- nishment all such inhabitants :"s shall be guilty of such acts or offences. And all their ships, with the goods or merchandizes taken by them, and brought into the ports of eitner of the said parties, shall be seized as far as they can be discovered, and shall be restored to the owners, or the factors or agents didy deputed, and authorized in writing by them, (proper evidence being shewn in the court of admiralty, for proving thi; property) even in case such effects should have passed into other hands by sale, if it be proved that the buyers knew, or had good reason to believe, or suspect that they had been, pira- tically taken. Article xv. It is likewise agreed, that the subjects and citizens of the two na- tions shall not do any acts of hostility or violence against each other, nor accept commissions or instructions so to act from any foreign prince or state, enemies to the other party, nor shall the enemies of one of the parties be permitted to invite or endeavour to enlist in the military service any of the subjects or citizens of the other party; and the laws against all such ottences and aggressions shall be punctually executed. And if any subject or citizen of the said parties respec- tively shall accept any foreign commission, or letters of marque, for arming any vessel to act as a privateer against the other party, it is hereby declared to be lawful for the said party to treat and punish the said subject or citizen, having such commission or letter of marque, as a pirat$;. Article xvi. It is expressly stipulated that neither of the said ccuitracting partiei will order or authorise any acts of reprisal against the other on com- plaint of injuries and damages, until the said party shall first have pre- sented to the other a statement thereof, verified by competent proof an(i evidence, and demanded justice and satisfaction, and the same thall either have been refused or unreasonably delayed. Article xvii. The ships of war of each of the contracting parties shall at times be hospitably received in the ports of the other, their officers and ( 2'^ ) crews paying due respect to the laws and government of the country. The oflicers shall be treated with that respect which is due to the commissions which they bear. And if any insult should be ottered to them by any of the inhabitants, all oftcnders in this respect shall be punished as disturbers of the peace and amity between the two coun- tries. And both contracting parties agree, that in case any vessel of the one should, by stress of weather, danger from enemies, or other misfortunes, bt reduced to the necessity of seeking shelter in any of the ports of the other, into which such vessel could not in ordinary cases claim to be admitted, she shall, on manifesting that necessity to the satisfaction of the government of the place, be hospitably re- ceived, and permitted to refit, and to purchase at the market pries such necessaries as she may stand in need of, conformably to such orders and regulations as the government of tlie place, having respect to the circumstances of each case, shall prescribe. She shall not be allowed to break bulk or unload her cargo, unless the same shall be bona fide necessary to her being refitted ; nor shall she be obligee! to pay any duties whatever, except on such articles as fche may be; permitted to sell foi* the purpose aforesaid. Article xvlii. It shall not be lawful for any foreign privateers (not being subjects or citizens of either of the said parties) who have commissions from any power or state in enmity with either nation, to arm their ships in the ports of either of the said parties, nor to sell what tliey have taken, nor in any other manner to exchange the same ; nor shall they be allowed to purchase more provisions than shall be necessary for their going to the nearest port of that prince or state from whom they obtained their commissions. Article xix. It shall be lawful for the ships of war and privateers, belonging to the said parties respectively, to carry whithersoever they please the «hips and goods taken from their enemies, without being obliged to pay anv fees to the oflTicers of the admiralty, or to any judges what- ever ; i,or shall the said prizes, when they arrive at and enter the ports e :" the said parties, be detained or seized ; nor shall the searchers, or ot. officers of those places, visit such prizes (except for the pur- pose .ti preventing the carrying of any part of the cargo thereof on shore, in any manner contrary to the established laws of revenue, na- vigation, or commerce); nor shall such officers take cognizance of the validity of such prizes; but they shall be at liberty to hoist sail, and depart as speedily as may be, and carry their said prizes to the place mentioned in their commissions or patents, which the commanders of the said ships of war or privateers shall be obliged to shew. No shelter or refuge shall be given in their ports to such as have made a prize upon the subjects or citizens of wither of the said par- i ill ( 24S ) ties, but if forced by stress of weather or the dangers of the sea to enter them, particular care shall be taken to hasten their departure, and to cause them to retire as soon as possible. Nothing in this treaty contained shall however be construed to operate contrary to the former and existing public treaties with other sovereigns or states : but the two parties agree, that while they continue in amity, neither of them will m future make any treaty that shall be inconsistent with this or the preceding articles. Neither of the said parties shall permit the ships or goods belong- ing to the subjects or citizens of the other to be taken within cannon- shot of the coast, nor within the jurisdiction described in Article XII. 80 long as the provisions in the said article shall be in force, by ships of war or others having commissions from any prince, republic, or state whatever. But in case it should so happen, the party whose territorial rights shall thus have been violated shall use his utmost en- deavours to obtain from the offending party full and ample satisfac- tion for the vessel or vessels so taken, whether the same be vessels of war or merchant vessels. Article xx. If at any time a rupture should take place (whicH God forbid) be- tween his majesty and the United States^ the merchants and others of each of the two nations, residing in the dominions of the other, shall have the privilege of remaining and continuing their trade, so long as they do it peaceably, and commit no offence against the laws ; and in case their conduct should render them suspected, and the respective governments should think proper to order them to remove, the term of twelve months from the publication of the order shall be allowed them for the purpose to remove them with their families, effects, and property ; but this favour shall not be extended to those who shall act contrary to the established laws. And for greater certainty, it is declared, that such rupture shall not be deemed to exist while negotiations tor accommodating differences shall be depending, nor until the respective ambassadors or ministers, if such there shall be, shall be recalled or sent home on account of such dif- ferences, and not on account of personal ihisconduct, according to the nature and degree of which both parties retain their rights, either to request the recall or immediately to send home the ambassador or minister of the other, and that without prejudice to their mutual friendship and good understanding. Article xxi. It is further agreed, that his majesty and the United Statesi on mu* tual regulations by them respectively, or by their respective ministers or officers authorised to make the same, will deliver up to justice all ni"^ ( 2VJ ) persons who, biMng cliargcd with murder or forgery, committt^ within the jurisdiction of cither, *hall seek an asylum within any of the countries of the other ; providi\l that this sliall only be done on such evidence of criminahty, as, according to the laws of the place where the fugitive or person so charged shall be found, would justify his apprehension and cotnmitmenr. ibv trial, if the offence had there been committed. The expi-nce of such apprehension and delivery shall b ? borne and defrayed by those who mike the requisition, and receive the fugitive. Article xxii. In the event of a shipwreck happening in a place belonging to one or other of the high contracting parties, not only every assistance shall be given to the unfortunate persons, and no violence; dune to them, but also the effects which they shall have thrown out of the ship into the sea shall not be concealed or detained nor dam.iged under any pretext whatever ; on the contrary the above-mentioned effects and merchandize shall be preserved and restored to them, upon a suitable reconr.pence being given to those who shall have assisted in saving their persons, vessels -and effects. ♦ Article xxiii. And it being the intention of the high contracting parties that the people of their respective dominions shall continue to be on the foot- ing of the most favoured nation, it is agreed that, in case either party shall hereafter grant any additional advantages, in navigation or trade, to any other nation, the subjects or citizens of the other party shall fully participate herein. Article xxiv. The high contracting parties engage to communicate to each other, without delay, all such laws as have been or shall be hereafter enacted by their respective legislatures, as also all measures which shall have been taken, for the abolition or limitation of the African slave trade ; and they further agree to use their Ivst endeavours to procure the co-operation of other powers for the final and complete abolition of a trade so repugnant to tlie principles of justice and humanity. Article xxv. And it is further agreed, that nothing herein contained shall con- travene or affect the due execution of any treaty or treaties now actually subsisting between cither of the high-contracting parties and any othar power or powers. ( 250 } Article xxti. This treaty, when the same shall hare been ratified by his majesty, and by the president of the United States, with the advice of their se- nate, and their respective ratifications mutually exchangcjd, shall be binding and obligatory on his majesty and' on the said states for ten jean, from the date of the exchange of the said ratification, and shall be reciprocally executed and observed with punctuality, and the most sincere regard to good faith. THS END TTUAVISON, HiiUUr, Whilefriu*. r Lale!y published, Price Tour teen SMfings in Boards, one large * Volume in Octavo, A Collection of importnnt Reports and Papers on the Kaviga- tion and Trade of Great Britain, Ireland, and the British Colonies in the West Indies and America, with Tables of Tonnage, and Exports and Imports, with an Introduction and Notes on the American Intercourse Bill, and other interesting Subjects. — This Volume contains, amongst many other valuable Papers, the Re- ports of the Board of Trade of May 1784, and January 17t)I, on the great Question of the Intercourse between the United States of America and the King's Colonies, with the Evidence taken thereon before the Privy Council ; with their Opinion on the Regulations proper to be adopted respecting the Trade with America-— On the Necessity of adhering to the Policy of excluding American Ships from the British Colonial Trade — And in support of the Rule of the War of 1756, with strong prophetic Observa- tions on the evil Consequences of an Abandonment of that Rule in favour of American Ships j and their Opinion, that Great Bri- tain should nexer submit even to treat on the favimrite Object of the United States ; namely, on the Admission of their Ships into the Trade of the British Colonies ; and rather than submit to such Concessions, points out a Mode of ejfective and dignijied retaliative Conduct ; — Together with a Supplement, containing the Proceed- ings of the Society of Ship-Owners of Great Britain, on many Subjects of the greatest Importance to the Commercial Interests of the Nation, &c. &c. Printed by Order of the Society of Ship-owners of Great Britain;' and sold by Spockdale, Piccadilly ; But- TERWORTii, Fleet Street i and RichaRdsons, Cornhill. In the Press, and speedily will be published in Octavo, A Collection of Debates in Parliament on the Navigation and Colonial System, on the Trade between Great Britain and the United States of America, and on the Intercourse between the latter and the British Colonies in North America and the West Indies, &c. &c. from 1783 to 1808, both inclusive, with Prefa- tory Observations, Notes, and an Appendix, containing a Variety of Official and other Documents, illustrative of these important and mteresting Subjects. By NAIH. ArCHESON, Esg, F. A. S.