.^^^< IMAGE EVALUATION TEST TARGET (MT-3) // 10 I.I |so "^^ M^H •^ ^ 12.2 •" — '""2.0 I Lfi. 1.25 III 1.4 1 1.6 M 6" ► Photographic Sciences Corporation 23 WEST MAIN STREET WEBSTER, N.Y. 14580 (716) 872-4503 . {meaning "CON- TINUED "), or the symbol V (meaning "END"), whichever applies. Un des symboles suivants apparaitra sur la dernidre image de cheque microfiche, selon le cas: le symbole — »> signifie "A SUIVRE", le symboie V signifie "FIN". Maps, 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 method: Les cartes, planches, tableaux, etc., peuvent dtre film^s d des taux de reduction diffirents. Lorsque le document est trop grand pour 6tre reproduit en un seul cliche, il est filmd & partir de Tangle sup^rieur gauche, de gauche d droite, et de haut en bas, en prenant le nombre d'images n6cessaire. Les diagrammes suivants illustrent la mdthode. 1 2 3 32X 1 2 3 4 5 6 * t^ OPINION O H i^TERtSTINQ SUBJECTS b* PUBLIC LAW AND COMMERCIAL POLICY]^ A ttsifit i r Koi» -*A AMERICAN INDEPENDENCE, f ricfc Three Shillingsi imr ■4i.' '^'" I .V;- :«p.s, '»■• MMilHiil-' ga*' ' > 'I- mi' ''0- I .1. l'~^ u i \ .Wi. ■" - >■.■»■ 5?-«yV^;r?; ■':SlT*:cf .iif; ,•<"?.■• :^-'. ■ i OPINIONS O N INTERESTING SUBJECTS o p PUBLIC LAW AND COMMERCIAL POLICY ; ARISING FROM AMERICAN INDEPENDENCE. ^ I. The queftion anfwered— Whether the Citizcni of the Unitod State! are confidered by the Law of England as Aliens } what Privileges are they entitled to within the King- dom; what Rights can they claim in the remaining Colonies of Britain. ^ 2. The Regulations for open- : ing the American Trade confidercd j Faults found ; and Amendments pro- pofed. How the lale Proclamations affcA the United States difcuHed : Objections pointed out ; and Altera- tions fufgelhd. § 5. How far the Briti/h Weft Indies were irjured by the Jate Pro- clamation fully inveftigated ; the Amount of their Wants difcovered j Modes of Supply flicwn j And the Policy of admitting the American Veflels into their Ports amply ar- gued. § 4m An Enquiry how far a Com- mercial Treaty with the American States is neceflary, or would be ad- vantageous : What the Laws of England have already provided on this Subjea J and the fundamental Laws of the United States compared with them. BY GEORGE CHALMERS, AUTHOR or POLITICAL ANNALS or the REVOLTED COLONIES, AND or An ESTIMATE or the COMPARATIVE STRENGTH or BRITAIN. A NEW EDITION, CORRECTED. LONDON: PRINTED FbR J. DEBRETT, OPPOSITE BURLINGTON- HOUSE, PICCADILLY. J785. ■■.••V,' 1 Understand not the World fo little as not to know, that he that will faithfully feivc his Country, mufl: be content to pafs through good report and evil report : Neither regard I which I meet with : Truth I am sure at last WILL VINDICATE ITSELF, and BE FOUND BY MY Countrymen, faid Sir Josiah Child, ••»'•■ t OPINIONS ■» . . » t ■ -7' ■U'.'':j'.l ' ■ 'i' O N INTERESTING SUBJECTS O F '-■ •' i ••u! ,•. '» I^UBLIC LAW AND COMMERCIAL POLICY ; ARISINO FROM AMERICAN INDEPENDENCE. ■> /v- •>•// i^is'^-f f \\>" T'; .>'r^ • .''. TH £ acknowledgment of the tndependence of the United States of America was cer- tainly an event of conHderable confequence to Greatr Britain. To be freed from foreign war is always an obje6^, which cannot be purchafed at too high a price, while the national honour forms no part of it. The enjoyment of domeftic tran- quility^ with all its pleafures and advantages, is a blelTing of Hill higher value, which cannot be too much prized ; and which ought to be preferved therefore by almoft any facriiice» t ' . B When ■' r t ^ ] When the Provifional Articles clofcd the Amc- Ti'can contioverfy, which having endured far years, , had embittered private enjoyment and difturbed public Fepo(e, afi unufual calm enfued. But, in a nation, where interell is always a6live and fa£lion is often malicious; where many communicate their thoughts on flate tranfaflions, becaufe every one has a right to do fo; the lon^ conthnuancc of quiet ismore to be defired, than reafonably to be hoped for. ^* The fituation, at once uncommon and ill- underftood, wherein the acknowledgment of In- dependence had placed Great-Britain and the American States, Toon gave rife to many difEcuIt queftions of public law and commercial policy. The attention of the world was again roufed, by fucceflive publications; which propagated very different opinions and propofed very dilTimilaf meafures. Amid thefe anxieties many afked for int(}|j|jgeBce ; fotne to conSrin prepofleflfion ; a few to gratify avarice : But, he who, m order to al- lay that foKdtude, inftru£ls himfelf before he pre- fumes to offer inftrudion to others, may cUim at leaft a patient perufal, While he difcharges tlieduiy, which be owes to a public, at once inquifitive and liberal. The author of the following fheets in this Ipirit fubmits his humble fentinient& on topicks, whereon the well meaning and intelligent have thought very varioufly, with that freedom which belongs to one, who is confcious of good inten- tions without intcreft, and with that plainnefs of language, r 3 ] language, which i$ more (ludious of perfpicuity than ambitio'ii of ornament. § I. Previous to any flable regulation of the American trade, by the legiflature, it is furely of importance to know, whether the citizens of the American States are now coniidercd by our laws as fubjedls, or as aliens. Certainty in jurifprudence is doubtlcfs the bed preventive of difputcs. Yet, is there little faid on a qucdion, which is; fo in? (ereQing to the public and to individuals, in ths treaty, that acknowledged the Independence of the United States. To point out however what might have been provided on this difficult ful»je6V, either by prior aft of Parliament, or by fubfequcnt Uipulation, would only carry us into a thorny path, leading to a field, unfruitful of amufement or inflruclion. To examine the face of things as they are is as much the bufinefs of Statefmeu as it is the duty of legiflators to look back only with a regard to the profpedl. The treaty, it mull be however allowed, is ex- plicit enough, as to the political alfo'ciatioris, that compofe THE States, which are acknowledged to be free and independent ; but it is altogc ther filent as to the individuals, who formed thofe celebrated confederations : It admits the thirteen focieties, in their aflliciated capacity, to be fovereign, by relinquifliing all claim of government over them : But, it does not explicitly renounce the allegiance of thofe colonills, who, at the epoch of the peace, wfre (till Britilh fubje^s, in cojitempla- ^2 tion "".'^■■^W''''V*s* Mh,\-Tiy ■f '! ■"'"'? WW^i [ 4 ] tion of Britirti law. For, it does not declare, that even the citizens of the United States Ihall bd deemed aliens in future : And, much lefs docs it either except, or difown, thofc faithful fubjedls ; who, having refufed to renounce their allegiance, were denominated Nonjurors, by the American code; and who, having never done any a£l inconfiflent with their fidelity to the Crown, merited by their hazards at lead the accudomed (lipulation, that they might difpofe of their property, without ' hindt^nce, and afterwards retire, without further perfecution, ^ ' ' — * — - The mere aft of refidence within the limits afligned to the United States, might have been coniidered as a misfoirtune, but it could not have furely been deemed an offence. To fubmit to a force which they ''ould not refift ; to pay treble taxes dhat they could not refufe ; are regarded as crimes by no Ibcial fyftem, except by the new-fangled laws of South Carolina alone *. It has proved jbappy for Britain, that her laws declare with the united voice of reafon and humanity : ** That if enemies or rebels come with a fuperior force and exaft contributions, fubmiffion is not fo much criminal as prudent, to prevent a public evil of greater magnitude t." • ■ The • The Jackfonborough Afiembly of 1782 excluded from the right of ciiizerjfhip all thofe, who having made a temporary fubmillion to the Britifh army, were denominated froieSlicn-men. t Fcrftfr's Crown Law. 8vc. edit. p. 217. [51 The failhidi ''Mieritah fubjefls of Great Briiaiq having been born willhin the- King's dormiiions, were by this drcumllance -alone cbnflituted frco* men of this realm : By their birth within the al- legiance of the Crown they acquired a variety of rights, which by our lawyers are emphatically flyled their ^zV^/i-r?]^/(^j : and which can never be forfeited, except by their own mi (behaviour, and can never be taken aw3j', but by the wiJl of their fellow-citizens, exprelFed by a6t of Parliament* An alien cannot be admitted a freeman of this kingdom without the confent of the community, by an a6l of ratur.Iization : neiLher can an inno- cent freeman be disfranchifed, except by the con- joint voice of the nation by a6^ of •ParliarBcnt,> And the reafon of both thefe rules may be found in the original compaft itfelf ; which provided, that nooneihould be admitted a contrafting party, without the confent of the whole; which equally declared, that a contraifting party fhoald not be deprived of the advantages of the compadi:, while he faithfully performed his original flipulationi. What ought thus to be the fundamental principle of every Government is exprefsly recognised, by THE GREAT CHARTER of England; whofc lan- guage can no more become obfolete, than its pro- vifions in favour of the rights of hnrian nature can ceafe to operate. No freeman, fays the boail o^JSxitdXn^Jhallbefeizedy or mpri/oned, or oiUlazved, fft'dnywoy dejlroyed, except by ilie legal judgment of his 'Feersy or by the law of the land. But to expel a mc- ritoiious [ 6 ] ritoiious body of men from th» fociety whereof they Jmd once been members is at once to outlaw and deftroy them. The American Loyalifts faith- fully performed their original ftipulations ; it was their misfortune furely, and not their crime, that after they had rifqned and loll more than common fubje6its, the community did not, in return, yield tjhem the proteflion, which they had fo juftly me-f sited, and which had been fo often promife4 them. .'. > . .• . . . ' i '■,■". If the mofl: iofignificant fubjeO: cannot then be deprived of the mod trivial privilege, without tho ipoft pofitive lai7, we may confidently infer, that a deferving clafs of fubje£ls cannot he bereaved of eveiy fecial right, by mere implicatioq. Two years have fcarcely palfed away, fince wife men and profound lawyers differed in opinion, whether the a€l of Parliament, empowering the Crown to make a pe&ce or a truce, with the revolted Colonies, en- abled the Minifters of the Crown to acknown ledge the Independence of the United States. Whatever foundation there might have been for that unhappy difference, the fubfequcnt recogni- tion of the Legiflatuie has removed every future doubt. Yet, had a power been pofitively given to renounce the allegiance of thofe colonial lubjedls, who, in oppofition to violence and even to negleft, remained unalterably attached to the Britifli Go- vernment, that power has not been by the Ame- rican Treaty in any manner executed ; as we may learn from its filencc, where it ought to have fpoken whereof m ► outlaw lis faith- :i it was ■1 ne, that :ommon li n, yield flly mc^ iromifed 1 then be ''4 lout the ■'■3 fer, that saved of . Two nenand :ther the make ]iies, en- icknow^ States. )een for recogni- r future y given s;ji 'ubje6ls, f^ negleft, ^ .';-, ifli Go- ^ e Ame- re may to have fpoken < (pokcn in the mofl audible tone. In cotifirmatidtt of the general inference, that the before -mentioned loyal per fons, who, at the epoch of the peace, re- mained within the limits of the United States, are flill confidered as fubjeds by our laws, judicial au- thorities might be quoted, if it were thought necef* fary to cite the decifions of judges for the eftablifli-* ilient of doflrines ; which, having been inter- woven into our conftitution, are taught us in our youth and are imprinted on our hearts. It isneverthelefs a very different confideration, with rcfpe6l to thofe Colonifls •, who having at* chieved the late revolutic", by their efforts, now^ form, by their refidence, the citizens of the United States. Rights may be undoubtedly forfeited, though privileges cannot be arbitrarily taken away* A man's crimes, or even mifcondud, may deprive him of thofe immunities, which he might have claimed from birth, or derived from an aft of the Legiflature : He may be outlawed by the fentence of a court of juftice, or he may be banilhed by the united fuffrages of his countrymen. The Ame- rican citizens, who voluntarily abjured their So- vereign, avowed their defign to relinquifhthe cha- ra61er of fubjefts : The American citizens, who fwore fidelity to the Government of their own' choice, thereby declared their ele6lion, that they would be no longer connefted with a State, which h^ mortified their prejudices rather than bereaved them of rights : And by that condua and by thofe offences the revoked Colonills forfeited to the law all \ [ 8 ] all that the law had ever conferred on ihem. Tti6 jftn?erican Treaty however acknowledged thai avowal : The recognition of Parliament legaUzed that eleflion. Eut whether that aft of the Bntidi Government, or that adl of the Britifh Legiflature^ ought to be conflrued as a relinquilhment of their obedience, or as a pardon of their faults, is a problem^ which, at this day, does not merit a formal folution* The law of England (as we all know) hath divided the refidcnts within the BritiQi dominions into two clafles; iff, into that of fubje6ls ; adly, into that ofahens, who are fubdivided into a body denominated denizens -, a name, which implies* that they had once been aliens, but had been ad- mitted by their denization, to fome of the privi* leges of lubjefls. ' • <-; i.U'. i ■ ■ " ■ But the law of England knows nothing affuredly of a real fubjeft or unreal fubjeft ; fince the term fubjeft does not admit of the degrees of more or lefs, of genuine or ungcnuine : And, every ^one mull confequently be either a fubjeft to all intents, or to no intent. To admit novelties into our lan- guage is almofl: as dangerous, as it is to allow inno- vations in our law. The captious epithet real was prefixed in the Treaty * to the well-known . ^ .1. terms • The American negotiators have at length explained to the world the import of the perplexing expreflions real tirltifh fuhjedls, by their letter to the Congrefs, dated the i8ch of July, 1783, and publifhcd in the Pennfylvania Independent Gazette of the 24th of ^pril, 1784. : " The Britifh Mini-' ilers, {ay the ncgotiiitor*, were uawiiling to make ufo of [ 9 ] t«rms Britipi ' f '■%, with defign to diflinguidi thofe Britifh fui^ftJts, who, having been bom with-V out the prefent United States, never permanently refided within them, from thofc Britifh fubjetts, who, having fixedly dwelt within the revoked colonies, facriliced their all at the Ihrine of their attachments to the Britifli Government. And a nar- ■ cotick was looked for, it feems, to prevent thefe meri- torious fubjecls from feeling their wounds, though they had been already wounded beyond cure. But, en whatever motive the Britifh negotiators a6led, the American negotiators inferted thofe unufual exprcf-. fions into the Treaty, in order to gain a virtual acknowledgment from the Britifli Government, that the Britilh Colonies had always been inder-endent, or had at leaft been intitlcd to Independ-nce : in making this virtual acknovi^ledgment tiie Briiifh Go- vcrnmrnt in fomemeafurc admiited, ll;at there had cxifted under the colonial fyftems two forts of fubje61s, Britidi fubjefts and American fuLje^ts ; and thereby admitted in fome mcafure the confe- quence which was probably meant to be drawn from it; that the American loyalifts, having been C American apy terms that might give uncafmcrs to xYic Refugge Tories, and the terms real Briti^j /uijeds were well undrnt'jud >ind afcertained, not to mean, cr comprehend Jmrirican P.^- fujces : and ic was only a mere delicate mode of exciuaing the Refugees^ and making a proper cijlijciun btu.een Miem ajld the fubjefts of Brit.iiii, wbjje only lutrticular hterejl i Amerka conh'^tiMn holding I ,fiiis r!2i'\-^)Dpe;ly.*' An-X tniis hic.o wc afcertained who arc, and who arc aot real Britilh fubj^a;. 'SMMPmiP mamm [ 10 ] i^merican ^abjefts, had incurred confifcation, be- caufe, in their a£live adherence to the Britifh Go- vernment, they had violated their allegiance to the United States. The pretenfion and the admiffion were both equally irrational and illegal. How- ever, by that fignal tranfaflion both parties admit- ted, that the citizens of the American States were to ]be regarded in future as aliens. The American citizens can therefore, by no inode of fpeech, or by any principle of law, be deemed Britifli fubjefls ; unlefs thofe aflbciations of mankind are fubjefts, who owe no allegiance to the Britifh Crown, or any obedience to the Britilh Government ; that allegiance, which is faid to include all the engagements' owing from fubjeft to Sovereign ; that obedience, which is flyled emphatically the very eflence of law. But, the King of Great Britain has formally relinquiOi- cd all claim of fovereignty over the United States, and all pretence of government over the American citizens : And the Parliament, by recognizing the afl of renunciation, virtually exprefled the aflent of the community to the expulfion of the American citizens from the focial compact, which binds every member of the Brititb State together. The citizens of the American Stales are not certainly denizens, becaufe they can fhew no letters of denization, which indeed would prove, that they had been aliens pievious to their denization. Now, he who is neither a fubjcd, nor a denizen, is deemed by the law of England an alien. Were ifcation, be- ! Britifli Go- iance to the be admiflion gal. How- arties admit- tates were to 'ore, by no of law, be aflbciations to allegiance ence to the e, which is owing from e, which is • law. But, y relinquiOi- nited States, he American ognizing the :d the alTent he American binds every The citizens ily denizens, f denization, )y had been low, he who deemed by C II ] Were we turn over only a few pages of hiflory, we might difcover illuftrations of the foregoing reafonings, though we fhould probably find no precedent of a people, who continued Englifh fub" jefts, after the Engliih Government had renoun- ced their obedience. The ancient annals of Scot- land will furnifh ftriking examples. When Ed- ward I. by his policy more than by his power, ac- quired from the meannefs of Baliol, and the fub- midionofthe nobles, the virtual fovereignty, though not the direft dominion of Scotland, the Scots be- came by that lignal event the fellow fubjetls of Englilhmen : When Scotland, in her turn, re- gained, by the gallantry or prudence of Bruce, her ancient independence, the Scots immediately be- came aliens to their too powerful neighbours : Yet the Engiilh did not formally renounce the govern- ment of a nation, whofe obedience *.hey were un- able to enforce. And the Scots continued aliens even after the fortunate acceffion of James I. to the throne of England. Thofe Scotfmen alone, who were born after that epoch, were confidered as fellow fubjefts of Engliflimen, till a much hap- pier event infeparably united the two kingdoms together. If from our Ifland we turn our enquiries to the neighbouring continent, we (hall find that Nor- mandy and Aquitain, Tournay and Calais, were unfortunately once poffefled by the monarchs of JEngland. During that fad period of foreign expeditions and domeftic penury, the refidents of C\2 eact^ [ 12 ] each of thofe countries enjoyed all the privitegej of fubje6ls. When each however became fuccef- fively feparated from this realm, the inhabitants of all thofe foreign dominions became, in their turn, aliens lo the Crown. France, too, in an evil hour was conquered by England, during the glorious yet miferable d.iys of our Edwards. The French feccame by that unhappy event the fellow fubje6l& of Englifhnricn. And to this hour the British So- vereign enjoys the flattering though unprodu£live title of King of France : Yet, the French for ages- have not been conlidcred as Britifh fubjefls ; fmce they certainly owe no allegiance to the BritiOi Crown, or yield any fubmiHion to the Britifh Go- vernment. The fame ftroke of fortnme, either advcrfe or happy, which deprived the refidentsof 9II thofe provinces and towns of the protedion of one common Sovereign, broke afunder the bands o{ allegiance, that had formed the connection be- tween them : For, the Englifh Government being eithci' renounced, or withdrawn, the people con- tinued no longer fubjedls than their obedience could be afked and enjoined. Of ihe truth of the foregoing reafoning the ccflion of Surinam by Charles 11. to the Dutch fuinifl.cs a dircQ pioof. By the treaty of Breda, it was agiecd, " That both parties fliould retain vi'ithpknaiy right of foiereigniyt propriety^ and pof. fi'JJlcn, all fucli lands, iflands, and colonies, as either had iherctotoje gotten, or retained from the other." 1 hefc expreOious aie general j yet, indefinite as, . . Ihey C '3 1 they arc, they were deemed of fufficient force to transfer the allegiance of the Engliflb colonifts in Surinam to the States*General, and the allegiance of the Dutch colonifts at New- York to the Englifli Crown. The Engliih inhabitants of Surinam were thenceforth conCaered, by the ableft; ftatef- mcn of both countries, as fo exlcufively the fub- jeclsof the United Netherlands, that the King of Engbnd could not even interpofe as mediator be- tween their new Sovereigns * and them. In this manner were the expreflions plenary right offovc- reignty^ conftrued to have coverted colonifts, who had once been fubje£ls, into aliens, who could no longer claim the privileges or proteftion of the parent ftate. And from this decifive precedent we may infer, that there was no ncceflity to infert, in the American treaty, a claufe, renouncing the allegiance of the colonifts, fince the fovereignty of the country being relinquiftied and the govern- ment withdrawn, it could anfwer no good pur- pofe to retain the faith and fubmiftlon of the people. It feems thus impoffible to repel thefe general inferences and that legal conclufion, by the mod iibeval conftruftion, which has ever been made of the various ftatutes of naturalization from the days of Edward I. to the prefcnt. '^1 he well known law * MSS. Memorial of John De Witt, with the anfwer thereto. . I r H ] law * of this celebrated conqueror appears to have received an e?:planation much larger than the nar- Townefs of the words would at firft fight juliify. — • The capacity to inherit, which by them were given to the children, " Who^n/alher and molher were at the faith of the King, and who fliould be born without ligeance of the Crown," has been en- larged by the Judges who wiQied to contratl: the difabilities of aliens, into an aft of naturaliza- tion f. For, it has been decided, " '1 hat though an EngliQi merchant many a foreigner and have ilTue by her born beyond the ^(lii, that iffue is a natural born fubjeft ; yet, if an EngliHi woman go beyond feas and marry an alien, who have iffue born beyond the fea, that ijfne are aliens" Such was the law prior to the reign of Anne ; though an aft J of Parliament was pa (Ted foon after the Reftoration, in favour of a meritoriofls clafs of men, the children of thofe ardent loyaliFis, who had followed the fortunes of Charles II. into exile. It was owing more perhaps to momentary paffion than to any well-weighed policy, that the fratute of Anne § was paffed — '' for naturalizing foreign Proteftants." A collateral claufe of the aft de- clared, ** That the children of natural born fub- jefts, born out of the ligeance of the Crown, fhall be * 35. Ed. III. Stat. 2, •• Of ihofe that be born beyond the Sea." t Molloy Dejure Marit, Book iii, of Aliens. X 29 Cha. If. chap. 6. § 7 Ann. Chap. 5, [ '5 ] he deemed natural born fubje6ls of this kingdom.** And the Aft recilcd, as the moving principle of the Lcgiflature, " That the ciicreaCe of people is the means of advancing the wealth and (Irength of a nation." General pofitions in political cecono- my always lead to mifchievous error. The Par- liament difcovered ere long, that they had applied ths noftrum of a quack in a cafe, where they flioul4 have adminiftered the medicine of a phy- fician. And it became apparent at ieaft to the wife, that giving employment to the idle is the only mode of promoting tbeencreafe of the people, and of advancing the wealth and Itrength of a na- tion ; while the inviting of foreigners into a coun- try whofe prefent inhabitants are not fully employed, is at once to ftarve the poor and beggar the rich.— — It was partly owing to thefe caufes, and partly to the critical change of the minillry, that the claufe oftheftatute of Anne, which had naturalized all foreign Proteftants, was three years afterward re- pealed *. Doubts foon arofe, it feems, with regard to the conitriadion of the remaining claufe, allowing foreign horn children oifubjeHs the privileges of na- turalization, which induced the Parliament to pafs an A6t to explain it t. And to effe6luate this laud- ' able *Byio Ann. chap. 5. The Palatines had flocked to England in great numbers, which furnilhed party with matter for accufation. t 4 Geo. II. ch. 21. t ' [ .6 J able purpofe the Statute of 4th George IT. enact- ed, ** That all children who had been born out of the ligeance of the Crown, whofe fathers were natural born rubje6ts, at the time of the birth of fuch children, (hall be deemed natural born Tub* jefts," Thus an aft of explanation was really con- verted into an aft of reflridlion. For, the more comprchenfive word, fubjeB, in the Statute of Anne, was converted, by the Statute of George, in- to the more reftriftive term, fathers. And it added various provifos ; excluding the children of at- tainted perfons, then being in the aftual fervice of any Prince at enmiiy with the Crown; and repeU ling particularly " the children, whofe father, at the time of the birth, was liable to the penalties of treafon, or felony, in cafe of returning into this kingdom without licence " Thus, the Statute of the 4th George II. rellorcd the law, as it had for ages bten confidered from a liberal conQiu'ilion of the Ae precluded, by meafures of pver 'utioii. To a fiaw:- o/ anarchy, thus new and embarraffing, it is ■ '^^c .ury to add, that during the late civil war it has been found fufiiciently difficult to man our fleet, from vh-^ Teamen iniilling, that, fince they had been i:.)ju in America, th^'v could iiot be preffed to fsrve itatiotw : any Bri- E of pro- liament: d tluMis, liament) edrefs of iniflcved gid law, cal con- are con- he more they can ;s, which be thus Britain ; loyalifts Dcal fub- nder the n policy, lilt from 6i clalTe^ yet pre- [1 nation, recluded, [ 19 ] fervc in the Britifh mvf And under the com- plicated fyftem, which by tlie contradictory opera- tion of new laws become.; daily move complex, the bufinefsofthe Cuftom-houle requires no further perpleKities to be added l y the dilhculty of know- ing aliens from fubje^s. Men of cautious tempers may be induced by the frrefoing reafons to think, that a legiflative decl^- - o' is neceffary, to remove doubts, and to pre- \enL difficulties. It would require only a few v/ords in an Atl of Parliament to declare, that the citizens of the United States are aliens to the Crown ; and to provide, that all perfons, who had been once Britifh fubjedls and refided within any of the United States, before, or at, the ratification of peace, Ihall be deemed BritiQi I'ubjefcls, on con- dition, that fuch perfons fhall, before, or on, the day of fettle in any of the dominions of the Crown and take the oath of allegiance. To a claufc, thus fimple in its creation, yet preg- nant in its eifefl, it is not eafy to perceive what could be reafonably obje6led. Such a claufe would not impugn the American treaty : The legiflative declaration would rather confirm its principle and give efficacy to its meaning. Such a claufe would doubtlefs fliock the prejudices of Ibme perfons, who wiQi to imitate in refpeft to the United States, that nqtable pojicy of Cromwell *, whereby ho 2 tendereci • Cromwell, fhys Hume, had revived the chimerical fcheme of a iota' cor.jundion of govcrnm^ou f"vile§es, intcrefts, aad [ 20 ] tendered to the cautious Hollanders the pijvilegos of Engli(hmen, both civil and commercial. It is the eftablifhed law however, which runs counter to the defires of fuch perfons, working as the law does, on the new (ituation, wherein nature and their own efforts had placed the American citizens. Such an a£l of Parliament, willi a vviPdom which belongs to the legiflaturc, would nearly extinguilli the hopes of the vifionary men ; who flatter them- felves, that amid the anarchical changes of the times, the United States may defire to be admitted to a foederal union with Britain : and the a^ would greatly allay the jealoufy of thole American citizens, who dread the attempts of Britain to re- gain by intrigue, what Ihe had been unable to cffetl by force. Wife men a£l from juft reflefclion and previous concert ; The unexperienced alone apply remedies to diforders, that have already made a progrefs. 2. When the American citizens are in this man- ner proved by argument, or declared by law, to be aliens, it may be of effential ufe to inquire, what immunities the law of England allows them \vithin the realm. And we fliall probably find, that and councils, with ihc United Provinces. This projeft ap- peared (o wild to the States, that they wondered any man of k'nfc could ever enter'ain it; and they rt-fuTcd to enter into any conferences with regard to fuch a propoial. [Hift. ' ■■/■ I Svo, edit. ;6.J [ 31 ] that on this head of our jurifprudence we may juftly boaft, among the European nations, of iu liberality and its wifdom. Under this convidioii Sir Mathew Hale remarked, (and he who thinks with Hale will feldom think wrong) " that the law of England rather contra6ls than extends the dif- abilities of aliens," Every civilized fyftem has cftablifhed the convenient diftin£lion, which the law of England has certainly made, between aliens 3nd rubje6ls i by excluding foreigners from the privileges of natives ; and this dellination we fhali fee in the refult, the American States have cfta- blifhed as a fundamental maxim of their free con- ftitutions. Yet the law of England, with a fpirit fomewhat difingenuous, allows the alien " to pur- chafc lands, but not to his own ufe ; fince the King is thereupon entitled to them :*' And the alien can therefore maintain no a6lion in any court of jufticc, with regard to property, which the law does not allow him to hold. But, he is fully allowed to enjoy even Unds for the temporary purpofe of traffick ; at the fame time that he is amply pro- teded in his perfon, in his efFe£ls, and in his reputation. That our great charter fhould have extended, by a fpecifick claufe, the fame fecurity to foreign merchants, as it prefcribes for the Li- verymen of London, or the Citizens of Dublin, is a happy circumflance, which has gained our commercial fyftem the honour of Montefquieu's And it adds not a little to the juft cele- brity praile,. [ « 3 |jrit/of our Engllfli Juftinian*," that he granted a charter of liberties to merchant ftrangers. ■' v'iur From fubfequent laws -f, which do not merit lefs of our commendation, the American citizens may demand, as alien traders, " to be ufed within the kingdom, as merchant denizens are in other countries." And the American citizens may infift J ♦* when they come into the realm, that they be honeftly entreated as to the payment of taxes.** Notwith Handing this apparent liberality merchant- {Irangers were till lately fubjedled in Great Britain, as they are even now in Holland and France, to - thofe alien duties, which the avidity of every ftate had eftabliOied in favour of fubjedls, before the fpirit of commerce had foftencd the manners of mankind. The origin of thefe duties in Britain may be traced up to the unpolluted fource of the foreign merchant voluntary agreement, when they received their charter of liberties from the Icgiflative hand of Edward 1ft. Merchant ft rangers are ftill fubjefted, in the port of London, to feveral duties of no great burden, which belong to that opulent Corporation ; the barbarous origin of which may be conjeftured from the barbarifm of their appellations; oi /cavcfge and package^ of . porttragt -i • The Charter of Edward I. is publiflied by Molloy, in his Treatife, naval and commercial, Book ii. f From the 9 Hen. III. ch. 9. 5 Hen. IV. ch. 7, 4: By the authoriw f (he 12 Cha. II. ch. 4. C n ] porterage and water haila^e. By an a€l of Parlia- nient*, which had the preveniion of fraud- for its end, the children of aliens are excluded, when under one and twenty years of age, from afting as merchants, or from entering goods at the Cuftora- houfe : And alien fathers are thereby precluded from fitting as jurors on the trial of caufes refpe^ling the cuftoms ; though this excluOon may be re- garded by fome, as a greater benefit than a difad- Vantage. .\....^^4-\ '*!*? n? 'e>uf:iy\ .'■ '^T-.i-;)m- •Under the proteQion of thefe favourable laws, without the aid of a commercial treaty, the Ame- rican merchant may fecurely carry on his traffic : Under their friendly (hade the American traveller may infpeft our curiofities, or view our arts, without fear of th^ droit d'aubain of other countries ; fince he may difpofe of his efiPe£ls by tellament, or the law will preferve thecn for his next of kin. Aliens indeed cannot in Britain, more than in any other nation, execute any office of profit or trull, or accept of any grant from the Crown, or fit in either Hpufe of Parliament t. But, from the fore- going concatenation of circumftances we may furely infer, than an aWca/riend is altogether confidered as the moft faithful fubjed, in relpeft to the pro- tedion of his perfon, his good-name, and his pro- perty ; which includes nearly all his rights. And thus much with regard to thofe privileges and dif- abilities, * X3— 14. Ch. II. ch. II. fee. 10 — 11. t 12—13 Wm.IIl. ch. 2, fee 3. i Ceo. If. (lat. 2. cb. 4. L H I abilities, which the American citizens Jls alietif,' derive from the opwration of the law of England^ while they traffick within the realm. g. M^e are hence led naturally to tnehtiort thofe exclufions, which refult from ftatute, more than from our comriion law, as to the external commerce of American traders. A regard to the national defence, by increafing the number of fea- men, induced the Parliament, itl the lall century, to declare *, contrary to the example of other legiflatures, that no goods (hall be fent coaftways in alien-lhips ; that all veffels (hall be deemed Joreign, except fuch as Ihall be bUilt, within the King's dominions, or fuch as ftiall be made prize, under fpecific conditions. The Parliament were led about the fame time, by the fame motives, to prohibit all foreigners from trading with our tranf- atlantic fettlements,and our plantations from trading with foreigners t And in confequence of this law, the American States were excluded, fubfequent to the epoch of their independence, from carrying ort any commerce with the Britifti colonies, and the BritiCh colonies were in the fame manner forbidden to carry on any commerce with them. By the a6l " for encouraging the Newfoundland fifnery f -," which enforced "5* • 13 Clia. IL ch, 18. which was enforced by 7— 3 Wm, III. ch. 22. f 10-— 11 V/m. III. ch. 25. There is reafon to fufpfrft, that Mr. Ofwald did not much confider this law, when he negotiated iglatid^ letitiori , more xternal to the of fea- entury, f other aftways deemed bin theJ 2 prize, It were ives, to ir tranf- traiding lis Iaw« uent to ying ort ind the dden to ba"for ' which nforced -8 Wm. s»hen he [jegouaicd [ ^5 1 « enforced rather than enfeebled the falut^y fp»iit of that law, no alien or ftranger " can take bait or ufe any fort of trade, or fiQiing, in that ifliUid, or in any of the Bays or fifhing places around it.'' Owing to the prohibition of Ibme of the before^ mentioned laws, the American citizens cannot rcr fide as merchants or as faftors, or execute any of- fice of truft, within the Britifh plantations. Yet, as foreign Proteftants they may regain, by a fevea ) ears uninterrupted refidence within our remaia^ ing colonies, the colonial rights, which belong to Britilh fubjedis. Without that refidence, or axk a£l of naturaJiiatJQn, our traders can employ none of the American citizens as matters or mariners, in the (liiling of their Ihips. And thus much with regard to the queftions, — whether the Americaa citizens are conlidered as aliens by our laws ? whajt immunities are they, as aliens, entitled to within the kingdom ? what reguJarions arc they governed by in their external traffick ? . . i; § 2. The negotiated the American Peace. By the treaty the American citizens were allcwed to take any fort of filh at all t!ie fifhing places of Newfound!'! nd. B"C, whether the righ: to catch fi(h includes the light t) catch oait i? a doubt, which the Dutch juriiis may anfwer. A Ffinch S£at*fa5''n, wh a ii'^ wanted to qi;arrel, would here lind a fu'-jcct tc; cjuarre!. And it would be i-.n adl worthy of the prudeice or Purl'ar.cnt to repeal that llatute, as far as it tend- tv-^ or-.n-^'. tli Ane- rican States from enjoying ihe full rit^bc of fiiaiii^', rrcTO a law and a treaty iiaruing oj'p fed to each c:h"r ; in orcl'r to evince to the world with what go.:a f:\\:l\ this nation executes l»c, bttcr and the meaning of every national agreement. § 2. The American Aflbciations having in this manner acquired indepeiidence; and the American citizens having thus become aliens to the Crown ; it was the laws rather than the government oF Great Britain, which, from the date of the peace, attentively viewed both in the exalted fituations, that both had eftablifhed for themfelves. The BritiCh Government, enjoying happily no difpen- Cng power, could not prevent the operation of the various Britifh laws, which had impofed difabili- ties and enforced rcftri6lions. And by accurate enquiry we ihall probably fin d, that the Britifh government has been hitherto only anxious to re- move the various obftruclions, which refentment and retaliation had thrown into the channel of our American trade. ' Howmuch-foever the nation may have felt *' how fharper than a Serpent's tooth it is to have thmklefs children,*' — it was furely wile in the Britifh Government to forget all the pall,, when the American commerce was to be regained, if the American commerce in its greatelt polTiblc extent be indeed a defirable good. Animated by this worthy fpirit the Legiflature foon repealed two afts of Parliament *, which the hoQile atfociations of late times had required; becaufe it was deemed *' highly expedient, that the intercourfe, between Great Britain and the American States, (hould be immediately opened." The fame fenfe of ex- pediency * By 23 Geo. III. ch. 26. f 27 ] pediency gave rife to a fecond a£l of Parlia- ment *, which exempted the American veffels from the neceflity of producing any certificate or manifeft at the Cuftom-houfe, and only required fuch bonds as are ufually taken for the faithful ex- portation of goods intitled to drawbacks or boun- ties : The fame aft empowered the King in Coun- cil, during a ihort term, to make temporary regu- lations for the American trade. Extraordinary as this power was, the law which conferred it may be regarded as one of the wifeU in the (tatute book; becaufe, by avoiding the dangers of '* over credu- lous hafte," it furnilhed the intelligent with op- portunites of reviewing a fubjed, complicated at once, by a confideration of contradi6lory laws, and by a regard to domellic policy, as well as to foreign interefts. , „ ,; , In purfuance of a power, thus uncommon and falutary, the American commerce was foon turned into a more favourable channel than that wherein it had formerly flowed, when the United States conftituted Britifh Colonies, We Ihall fee in the moft ftriking light this interefting truth, which is obfcure only to thofe who (hut their eyei, by taking two di^infl: views of our tranfatlantic trade: ift,, of the exports from Great Britain to the United States : and 2dly, of the imports from the United States to Britain ; as both have bees regulated by the late proclamations. E 2 I. By * 23. Geo. Ill, €h. 39. / t 28 1 I. By the repeal of the prohibitot}' aBs the Britifh traders were left free to renew their former conneifliofis, or to engage in new adventures .' Atid the proclamation of the i4tb of May, 1783, endeavotired, with the beft intentions, though not with the beft fucccfs, to quid:-^ ^ ,; . . • 2. From the foregoing difcuffioris, as to the export of our manufaftures, we proceed fecondly, to recount the various motives, which have been in the fame manner given to. the American planters, in order to induce them to fend their furplus produce to Britain. By the prcrt.jmation of the 14th of May, the unmanufadlured products of the United Slates were allowed to be imported, in Brilifh, or American vefTds, by any Britifli fubjett, or American citizen; paying only the fame duties, which our. remaining Colonifls pay, and that too without the aceultomed certificates : i\nd the fame proclamation conferred the full hnefit of this order on fuch American (hips, as had ar- rived fince the 20th of January, 1783. By being thus placed on the favourable fooling of Britifli Golonifls, the American citizens were exempted Hot only from the payment of thofe alien duties, which all other aliens paid, but even from thofe alien duties, that were payable on the merchan- dize of aliens, when imported in Britijh (hipping. The admiffion of American oil, by the fame pro- clamation, however advantageous to the New-Eng- land fifheries and detrimental to our own, does not merit much csnfure ; becaufe a regard to this excel- len w 8 *e£ls, morfi. bnings, we aiiiing five Ign inanu" till k wa5 ^«3ni: ) ,.'■>■•.' as to the i fecondljr, have been American umd their cx;i.)mation i products : imported, my Britifh [ only the onifts pay, lertificates : full lenejit as had ar« By being of Britifli exempted ien duties, rom thofe merchan- % fhipping. fame pro- New-Eng- n, does not this excel- len ■ [ 3« J Jentnurfery of Britifli fcamen has, by a recent ordcp. of Council. re(:i>i(icd a miftaken policy, which arofe either from overfight, or from a defire to conciliate. Liberality of conduft is always right: But, in rr.cicantilc regulations it is the more laudable, bcLaufc we fee, in them, the diftates of intereft fo- often preferred to the fuggeftions of policy. It is %Xq be regretted, that the American citizens received "I unkindly thp exemption from taxes, which all other Mahe!is formerly paid. Such a reception of fuch a fiboon might have excited the jealouly of neigh- Sbouring nations, whofe enmity or regard is of i'^jgrcattr importance to us. There are wife men Sndeed, who think, that the abolition of the alien W^ duties would jjromote our commercial interells : 'here are intelligent perfons, who fuggeft,thatthe im- Ipofing of the ,.li 'n duties on alienjhips rather than on ilien vitrclumdize would augment our naval ftrength. 'jSl he fentiments of both may be confidercd as juft, In proportion as we are dire6led in our defires to '^he accumulation of riches, or to the acquifition lof power. We boaft in vain of our religion and ipiberty-, of our laws and our wealth, if our fliips »re driven from our element a.i iflanders, and we ue obliged to make conceffions to our foes, who lave lately fought us on the ocean with inferior ieets. When the legiflators of a naval nation, are ifbout to give encouragement, or proteflion, to the induflry * The alien duties have been lately abolifhed, by 24 Geo. [I. ch. 16. r 3* 1 tnduftry of their people, they ought to fix their eyes fleadily on the feamark, which dirc^s tho national efforts to the invigorauon of maritime ftrength, rather than to the cnt reafe of private opulence* And in thefe cunfiderations of nau* tical force and public fafety, tt'e difcover the fundamental principle of the afls of navigai tion; which, though they were eflablidied in oppoiition to domeQic and foreign clamours, have produced' fo great an augmentation of our native (hipping and failors; and which ought therefore to be facrificed to no projects of private gain, or dehres of particular gratification. The Dutch have indeed purfucd a different policy ; But, the Dutch have thereby fallen to a ftate of wcaknefs, which is now the obje6l of pity, or of contempt. It was owing to the want of failors, and not to the fault of their officers, that the ten fhips of the line, which had been ftipulated during their late imprudent quarrel with Britain, to join the French fleet, never failed from port. An attention to thefe confideralions does not lead us to approve altogether of the meafure of allowing the unmanufadlured products of the American States to be imported in American vfj/cls, without paying the alien duty, while other foreign nations continue to pay it. Much lefs ought we to approve of the policy of the Ilatute *, which im- pofcd • 2 Geo. 11. chap. 3^. fee. 20. r t 33 ] pofcd the alien duty on alien goods when imported, in Britipi (hips ? Both xneafures were adverfe to the principle of the afis of navigation, becaufe, however advantage* >us they may have been to the American citizens, both of them had a tendency to diminifh the number of the Britifh fliipping and failors. On the other hand the fpirit of thole lawg requires, that the regulation ought to be revcrfed, by impofing the alien duty on Britijh property when imported in alien (hips. And urged by fimi- lar confiderations of felf-defence, Sir Jofiah Child propofed upwards of a century ago, what mufl ap- pear very extravagant in the prefent times,—" Thai a law be made to impofe a cuftom of at leafl; fifty per cent, on all Eaftland comr^iodities, timber, boards, pipe (laves, and fait, imported into Eng- land upon atiy (hips but Englifh built, or at lealt fuch as are failed with an Engli/h mailer, and three-fourths Engli/h mariners." The foregoing rcafonings and that authority were either forgotten, or negleded, when the Privy Council ilTued the proclamation of the 6th of June, 178:1; or perhaps that body was carried away by its anxieties to conciliate American re- gard, and to regain a long loft trade, which for years had been loudly reprefented, as the only commerce worthy of our care. It is not fo cafy to difcover the neCcffity, or the ufe of* that part of the proclamation, which exprefsly permits the im- portation of naval (lores. By the regulation of the 14th of May, they feem to have been allowed ^ a free [ 54 3 a free irtiportatton, under the general terms un- manufaSlurtd produEls : — For, pitch, tar, and tur- pentine, mafls, yards, and bowfprits, and even indigo, which is equally enumerated^ cannot be brought to the place of exportation in any lower flate of matiufadlure, than that wherein they have always' been fold. Enumerations, which follow general words, always create doubts where none exiftcd before ; while comprehenfive defcriptions, that follow particular enumerations, only enlarge the rule, without creating a difficulty. The cuftom- houfe officers have already had occafion to afk, if pot-aih be an unmanufadured produft ? It is to be regretted, that our lamented lexicographer did not find the word unmaimfaBwed in any of the Englifti claffica;, fmce its various ufe might have eHablifhed its different meaning. 1 he Ilatute of the Sth George I. ha« applied to timber, the epithets •wrought or unwrovght, whilft the fame law, wifely enumerated the various goods, that, in mercantile language, are denominated Ijmher, In vain (hall we feek for words fufficiently accurate to convey the'idea of allowing the importation of /American produ6ls, as they come from the foi^, almofl; in their natwral Hate, and yet of excluding fuch A- merican merchandize, as have in the Itaft under- gone the difcipline of manufaflure. It wouH therefore be prudent, when the Parliament is about to eftablifh a fyftem for the American trade, to enut^erate all thofe American produ£iions, which good policy rpay allow to be imported iu , future i t 35 ] future ; and which may be found in the Inrpe£lbc General's books, yet would form no long cata- logue. Tliat meafure may be regarded as falutary, which has a tendency to prevent difputcs on the one fide and difficulties on the other. It may be moreover remarked, as to the pro- clamation of the 6th of June, that this nation has paid on the various articles enumerated in it, when imported from the colonies, upwards of a million and a half, fince the bounty was firil given, in the reign of Anne : On naval (lores from 1706 to 1729 from 1729 to 1774 and on indigo — ^ £. 430,178; 1.028,584; 145,022; It is one of the many benefits, which the wifdoru of our councils may derive from the independence of the United States, that the bounties, which had thus drawn fo vaft a fum from the pqblic revenue have now happily ceafed *. An attention to our manufa6lures of cloth has exempted indeed all judigo from the payment of taxes on the importa- tion : But, there are various taxes, which may be diflin6lly feen in the book of rate?, collected oa F^ pitch, * Thofe bounties expired cp the 24th of June, 1781.— Bur, had the United States continued Biitifli Colonies, a de, fire to gratify them would haye continued tl.e bounties ; as indeed the exemption from duties may be now regarded as a bounty of an inferior kind, which operates agaiftft the im- porters of European commodities of the iame nature, [ 36 ] pitch, tar, and turpentine, mafls, yards, and bow- fprits, when introduced from any European nation, together with the alien duties, when thele cumbrous commodities are fetched in ibveign (hips*. It is apparent then, that all thefe taxes became payable, by operation of law, on the import of American naval ftores, from the moment wherein the United States were admitted to be independent : It is equally plain, that it was the proclamations before mentioned, which fufpended the energy of the Jaw and the colledlion of the duties. And Great Britain thereby conferred a benefit on the Ameri-. can States, by with-holding fomething from her rivenue, and by rifquing, through a defire to gratify them, the refentment of her more powerful neighbours. Great Britain at the fame time con- ferred another favour on the United States of no fmall importance to a country, which is every where covered with timber. While the bounties are withdrawn, by the admiffion of independence, the proclamation exempted American wood from thofe duties, which are payable on the import of wood from the rivers of Germany and the fnores of th I Baltic. It was probably known, that the import- < /sof European lumber, for the ufe of the builder, had underfold the American, even when the boun- ties wer^ paid And it was perhaps deemed pru- dent to preferve, by exempting American lumber from • See the volume compiled by MeflVs. Sims and Frewin, under the directions of the CommiiQoners of the CuHoms, and publi(hv'd in \']'ii. bow- lation, [lb roil s It is jyablc, levican Umted It is before of the \ Great Ameri- )m her ifire to Dwerful ne con- s of no every lounties ndence, d from iport of ^ores of import- builder, 2 boun- ed pru- kimber from i Frewin, cms, and 1) I [ 37 ] from duties, a flicrht competirion in the domeftic market, between Europe and America, in the fala of (heir wooden produdls. • - But, as indigo has been exempted froin taxes, by a regard to our dyers, the argument appears much Oronger for freeing from cuftoms every fpecies of naval fiores, whether of the proJuil of Kurope, or America, from a refpett, which is much more d(^e to our Ihipwrights and coopers: The dyers and workers in wool may au nnenc our opulence -, bu.t the carpenters and coopers con- tribute to our fafety. And thus we perceive, that the Britifh Government has looked with no inimical ey^ towards America, fince the- happy moment, wherein the peace eftablillied irrevocably the in- dependence of the United States. If this truth required any confirmation we fliould find fufficient proofs in the orders of council, whereby the introdudion of American tobacco was regulated. By the proclamation of the 6th of June that molt ancient branch of our colony com- merce was re-eftabliflied on the fame ground, where- on it had flouriihed for ages before the revolt : And by it the importation of tobacco was allowed, cither in BritiOi or American Hiips, on paying 5 per cent, of the value, and on giving bond for the payment of all other duties at a future day. But, the war had produced a variety of new regu- lations, with a fuccelfion of additional taxes. And when the approach of peace opened ?. profped of the renew ment of traffick. foon became apparent, that t 38 ] that to carry on the commerce of tobacco would require a greater capital than any traders choofe to depofit at the Cuftom-houie, in hopes of confe- quential gains. It was owing to thefe reafons probably that the Privy Council iifued a fecond proclamation on the 5th of November 1783, allow- ing American tobacco to be imported into London, BriOol, and Liverpool, into Cowes, Whitehaven, and Greenock*, on giving bond, as well for the Old Subfidy of 5 ptr cent, before mentioned, as for other duties ; and fecuring the commodity un- der the King's locks, till the importer ihould want it for domeftic cbnfumption or foreign fupply. Thefe proclamations feem thus to have ellablKh- «d the fame regulation, which the tobacco Colonies had ardently prayed for in 1732 , and which Wal- pole certainly intended to grant, by his famous excife fcheme, till he was ftunned by clamour and overpowered by violence. The planters had often feen and fometimes felt, that in proportion as the Britilh merchants advanced their money for taxes, the charges on the merchandize were raifed, till by enhancing the expences, the ultimate fale of the tobacco did not reoay the original labour. And the Aflemblies folicited the Parliament for the privilege of placing the commodity under the King's locks, on giving bond for the payment of the duties at a fubfequent day : Hut, their foiicita- tions were defeated by the interelled oppo|^tion of the * Lancdiler has been fiacc added to the fcrmcr fix. [ 39 1 the tobacco fa6lors, more than by the unwilling- nefs of the Legiflature*. In this manner has there been lately eftablifhed a beneficial regulation of tobacco, which had been in this manner denied by our fadions to colonics, yet has been fpon- taneoufly granted by our good fenfe to foreigners, who had furely no claim on our kindnefs. While every encouragement was thus given to the impor- tation of American tobacco we (Irengthened the laws, for preventing the growth of tobacco in Britain, which it had been found fo difficult to enforce • The AfTembly of Virginia fent Sif John Randolph to England, in 1732, to folicit a fimilar regulation, which wa» however then exploded as an excife, fince the officer wa* em- powered to infpedk the tobacco in the warehoufe. In the iubfequent year the fame Affembly tranfmitted an addrefs to the King, thanking his Majelly for the countenance he had given the Colony on that occafion ; — "And though unfor- tunate for them (faid they) that their interefls and the in- tcrefls of thofe, whofe oppofition prevailed, were irreconcile- able, they had abundant reafon to admire his Majelly's jt tice and conftancy, when no clamour, how univerfal foever, cc ild change his good purpofes, or divert his deleftation of frau(\ however difguifed and fupported by names and founds,'*—— The Minifters of that day thought it prudent to fupprefs the. latter part of the Addrefs, which rcflefted on Sir John Bar- nard and bis coadjutors, who had difappointed, by their op'- polition, the prayer of the Affsmbly. Yet, the Virginia ■ Aflembly were lately the firff to declare commercial hollility againft Great Britain, on account of the Weft-India regula- tions J though the Virginians could not know indeed, in I)ecember, of the order of the 5th of November preceding, which did not arrive in America, till the 6th of February , "84. t 40 ] enforce during the laft century •, as our farmer* thought it for their interefl to rear tobacco on their own fields. And by this means the American planters poflefs a double monopoly of this great article of traffic; the Britilh landholder cannot raife it on Britilh ground; the Biitifh confumer cannot import it from Portugal or Spain, fince the duties payable on Spanifn and Portugueze tobacco amount nearly to a prohibition. In fuperaddition to the bef^orementioned mea- fures, which havn thus removed every obftru6lion from the fiow of our American trade, may be ilated the proclamation of the 5th of September 1783, which adminiflered no fmall facility to prac- tical bufinefs. This order direcled, that all thofe bonds, which our commercial laws had required for the prevention of fraud, might be cancelled by producing certificates of the performance from any Naval Officer, or Magillrate, of the United States. And in this liberal manner, and by the above recited proclamation, has the trade between Great Britain and the United States been opened and encouraged on the part of this nation. In the wide circle of commerce, complicated as it is by tlie taxes and reftridions, which avarice and jea* loufy have impofed, there is not to be found a traffic, fo juft in its policy, and fo unreftrained in its vent, as the traffic, which now runs free and full in its courfe between this kingdom and the American States. The pra£licai lefuit has amply juAified the previous policy, which hctd for its means^ C 41 1 hieans, protie£lIon and freedom. An unexampled export of our manufaftures has been made during the lafl year to the United States -, a correfpondent tonfignment hath followed from them to Britain, of almoft ail the furplus products of tiie Southerrt government, which had not been (old by the growers* And hence the American fa6tors, who had fettled in Holland and France, during the war, have lately been obliged to remove into Britain, in older to follow the commerce, which had given them em- ployment and wealth. Recent experience hath Hiewn them, what they might have inferred fronx their former knowledge, that London muft necef- farily be the American mart. It is an additional proof of the vaUdity of the foregoing reafonings that none of thofe, who have been ftudious to detefl: faults and forward to expofc them, have 0bje6led any thing to the before m en tiotied regula- tions, except one writer indeed, who infifts, That the authors of them have difplaycd umifual timidity and caution. But, timidity and caiUion, which the wife will not think blameable qualities, few have found either in the credits lately given to the American citizens, or in the regulations of the commerce between the Britifh Weft-Indies and the American States. This Lift meafure appears to have alone raifed any clamour. The Weft- India trade was regulated by the proclamation, dated the 2d of July, 1783 ; which is laid to be *' founded on grofs mifinforma- tion ;" which is ccnfured by the American letter G writer. [ 42 ] ^'riter, " As a fyflem derogatory to the honour, degrading to the fpirit, and injurious to the in- tcrefts of a great people." Fafts hou-ever ought always to I^e fairly Hated before faults fhould ever be imputed. Let us in this fpirit examine the Pro- clamation, x^hkh has thus given rife to contro- verfy, and which has at once incited the complaints of the We fl -India planter and the refentment of the American citizen. It direfts ift, That pitch, tar,^ turpentifie, hemp and flax, yards, bowfprits, ilaves, heading, boards, timber, fhingles, and every other fpecies of timber, and alfo horfcs, neat cattle, fheep, hogs, poultry, and all other kinds of live flock, and live provilions, pcafe, beans, potatoes, wheat, flour, bread, bifcuit, rice, oats, barley and all other grain, being the produQ of the United States, may be imported into any of the "VVcfl- India Iflands, by Briti/h fuhjeBs^ in Bri- iifh jliip^: It allows, 2dly, That ruiii, fugar, mo- lalfcs, coffee, cocoa-mjts, ginger, and pimento, may, in the jamt manner and by the jaiiu p'erfons, be (ent from the Britifli Weft-Indies to the United States, upon payment of the fame duties and hable to the fame icgulations, as if the fame articles^ \vere cleared at the Cuftom-houfc for any Britifli Colony. Of a fubjedl fo interefting, beeaufe it involves in its difcuftion the fafety of the empire, let us take two di(lin6l views: ift. As the Prccla- mation alFtdis the American States; and 2dly, As^ it concerns the i^ritira Weft-Indies. ; ! ■ 1. The C 43 ] 1. 7 he connexion between the various Colonies of the American Empire ol Britain arofe aHurcdiy from their being territories of the fame State. The moment the Independence of the United States was recognized, they became thereby foreign countries with regard to the remaining Plantations of L-ritain : And the citizens of the one and the planters ot the other, who had once been fellow-fuhjetls of the fame community, became in the fame moment aliens with lefpeft to each other. The acb of Parliament, which prohibited all future commerce, except in Britifh (hips, between regions that had once been bound in the fame compa6t, only enlorced the original fyllem, which the law of nations had always enjoyed *. It requires onl)' a fhort recapitulation to trace up the rife of that fvHem to its true fource. Ihe policy of Spain, fays the great Bacon, was to keep the trade of the Indies under fuch lock and kev, as both confederates, yea, and fubjectj?, were ex- cluded of commerce unto thofe countries ; fuch a vigilant dragon is there that keepeth the golden fleece. Poitugal, who puilued difcovcry with G 2 equal The • The Weft-India Committee have finmifed, rr;t.her than ^nfiRed, ihat by the i'r eport Aft of the pri...-;nt rt-ign tl\e people of jHmaicH tnay import all liis 'ncrclundir.es ot the Uniied ,- rate ., which, the: Cotmniitee, vvirh a nlarvelIou^ peri, verfion of law and crmtTion ^enfe, declared co oe /b;«^-/. tVo- lonies: But, the United States haVc been admittv-j h) .ne world to 'oc /overt ign, and conlcquentl)' caniiv. t be the Colo- nies of any other fovdeign power, which wci^M iup^olc tli'dj they are ilill fubordinatLS [ 44 ] equal fleps, catched the jealous fpirit of Spnin,— ^ France and England, who followed botli at the diftance of a century, adopted the fiattennrr, be- caufe cxclufive example of both. And thus, ii became a fundamental law of Ewnpc^ faj's MonicT- quieu, thai all traffic with a foreign Colony Jhall he regarded as a mere monopoly : Hence, continues that celebrated jurift, it is likewife acknowledged, that a commerce between the Mother Countries does not in- cL h a permijfion to trade with their Colonies. VVhcn Great Britain recognized the fovereignty of tiic United States .muI declared in the face of the world, that we are at peace tiith each other, this declaration gave the United States no right to trade to her Plantations, or even to fifti on her coafls. On the law of nations, thus eftabliOied and known, the French fecurely relied, when they en- tered into treaty with the United States, in Febru- ary, 1778. But, the Dutch, fufpicious from fenfe of weaknefs, or guided by charaderiflic caution, infcrted an exprefs (lipulation, in their Treaty of Oaobcr, 1782, " That the United States ftall leave the States General the peaceable enjoyment of their rights, in the countries, iflands, and feas, in the Eaft and WeU-^-idies, without moleftation.'' Great Britain preferred the confident policy of France to the fcrupulous attention of Holland ; as it did not probably occur to the wifefl; of our flatefmen, thaL when the American States flbould be admitted into the community of nations, they wouldj by their conduft, much more than by their words. [ 45 ] words, rcfufe obedience to the law of all civilized nations. Yet, confidence in one's own title has feldom been cenflrued into an admiJIion of its in- validity. And wc may therefore conclude, that Great Britain enjoyed from the date of the peace 9S much right as Denmark or France, Portugal or /Spain, to regulate lier own plantations ; fince there is no pofitive provilion in the treaty to repel the general inferences of law. Neverthclefs the proclamation of the 2d of July, J783, which permitted Britifli fuhjetts totranfport in liritifli fliips the Weft-India cotiimodities to the United States and to carry their moft ufeful pro- du6ls m return ; which thus conferred many be- nefits on the United States, though not every be- nefit; has been declared by fome of thefe States " to be inconfiflent with the rights of free trade." The American governments then, not the Ameri- can mobs, claim th ri^ht of free trade with the tranfatlantic fettlernents of Spain, Portugal and Trance, as much as with the plantations of Britain. But, let us enquire, whence do they derive this new pretcnfion r From the law of Nature ? Mo, Every independent Community has a right in* deed, in virtue of its natural liberty, totrade with thole xvho JJiall be willing to trade with it; and to moled it in the exercife of this right is an injury. But though every one has a right io trajfic zvith thofe xvho are wiUiug ; yet, fays Vattel, every Sovereign State may decline a conmicrce whicli is dangerous, or even difadvantageous ; and has confequently [ 4<5 ] confcquently full power to determine for itfclf what is ulcful, or miKiIufary ; It m^ accept therefore, or refuCe, any commercial o\cnurcg from foreigners, without giving them a pretence to accule it of injuftice, or demand a reafbn for fuch refulal, much lels to make ufe of compulfion or threats. Do the American governments then claim the right of free trade from the law of na- tions ? They certainly cannot. Colonies are the offspring of Society, during that period of refine- ment, which the prevaleace of the commercial fpi- rit fappofes. And by tiie confent of all the European nations, it was early eflablilhed, (as we have aiteady leen) that the fovereignty as well as the traffick of every plantation (hould exclufivcly belong to the State which had formed it. The law of nations therefore, which is only the original con- fent and continual practice of nations, has prohi- bited the intercourfe of one foreign country with the colonies of all other foreign countries. And a free trade with an American Colony of confe- quence never exifted. Thus, while the American governments claim the rights of a free trade with the Britilh plantations, they virtually avow their purpofe to difregard the law of Nature as well as of nations, which, by treaty or by implication, has regulated univerfal trade, and with it the conven- tions of all public bodies. , Whatever extravagance the American popu- lace may commit, contrary to their genuine inte- refts, the American politicians would do well to inquire, [ 47 ] inquire, before they violate public decorum, wJie- thei tliey have been wror^gcd, by the commercial pulicy, which liritaiu has continued rather than adopted, in rerpe6l to her ov/n plantations. The moll ignorant of" the American Lawyers will in- ftru6b their countrymen, that they may feel an in- convenience without lutFering an injury ; while the world fliall confidtr every wrong to be an un- juft deptivation of fome previous right. But, what American riglit was infringed vvjien Great Britain denied to the American citizens a dire6l trade, in their own fhips, to the l^ritifh colonies ? While Great Britain allowed her laws to operate on the American States, as foreign countries, (he only did that which other European powers continue to do, Portugal and Spain have excluded from their colo- nies the American traders with a jealoufy peculiar to both; France indred has granted to her Ame- lican aUies a petty participation in her Wefl: India commerce, which, as far «»s fuited her convenience, they always enjoyed. From Britain the United States were certainlv entitled to juIUce, but not furely to favour : Vcl it was no inconfiderable be- nefit, which Britain conferred on them, and which no European nation enjoys, when (he fufpended the rigorous operation of thofelaws, thatprevenled even Britifh merchants from fending in alien (bins he produQs (A the United Slates diredly to the Britilli Wefl Indies, or the produce of the Weft Indies immediately to the United States. When the Spaniards lately imprifoned (Hq American traders at [ 48 ] at the Havannab, becaufe they dreaded their fn- tiigues ; when the French, in order lo cfiFe61uAte their policy, at the fame time confined the Ame- can navi;:^ators, failing for Hifpaniolain quefl: of markets, to Cape Nichola-Molc ; the American citizens probably fighed in fecret, but they did not avow rcfentment, or threaten retaliation *. Thus, an inconvenience may be felt, though no wrong may be done. When good fenfe fiiall have tri- umphed over vuli^ar prejudice we may reafonably hope, that the American Philofophers will teach their followers, that having manfully gained the wiflhed-for blcffings of a free and equal ftation, among the powers of the earth, they ought to fuffer patiently the embarraffments, which every where refult from greatncfs. A little oppofition, or even a ftill • We learn from Hifpaniola, fays the New-York Journal cf the ill of July, 1784, •' Tha: al! American veflcls were obliged to leave that i^and before the 10th of April laft. All veflcls found in any of the ports of Hifpaniola (the Mola excepted) are fubjeft to confifcation, if they have on board more fugar and coffee, than is thought necciTary for the voyage. In confcquc-nce of which many veflcls have left Flifpjniola, their carj^oes by no means con leted. And that at tl'.e Wole ^«OT and Molaffes (the only articles they were allo^ved to carry away) had rifen to a price higher than ever was known in thatifland." This regulation was altered by a ncwedid in December 1784. But, it is impoffiblc tofollow the fucceilive regulations of the French government for the Weft- India iflands, hccaulb they vary every month. TJie late let- ters from the Grenades, however, afTure u?, that the French had feizcd four thcufand barrels wf American flour at Mar- iinico, in ordwr to favour their own im|iortauon from Oli France. [ 49 ] a flill lefs degree of adverfity, will inftrufl the American governments, that they ought to pay Ibme deference to the municipal rules of other fovereign powers ; becaufe they flatter their own vanity of independence," when 'they conform to the regula- tions, which ether independent States may think fit to eftablifli. * But, whatever meafure the American Congrels and Affemblies may choofe to adopt, the interelb of the American planters, who form by much the moft numerous body, will furnifli Great-Britain with the beft fecurity for the good behaviour of the whole. To fend traders to purcbafe the lum- ber that they clear from their lands, and to carry away the corn and cattle, which they raife on their fields, can furely be thought no great injury, far lefs infult, to any community : Nor, can it be deem- ed any great difadvantage to the American plan- ters to fend them abundant fupplies of rum, fugar, molafles, and other neceffary products of the Weft- India iflands. The American people, " who have feldom wandered widely from their intereft," are fully aware, that it is demand and fupply, which regulate the prices in every market. They already perceive, that their chief advantage confifts, in having in their ports many fellers of the goods which they may want to buy, and many buyers of what th?y may wifli to fell ; that to er.ciude the traders of any one country, or defer iption, wo aid amount to a pcrmiflion to the favoured traders to H taife t 50 ] raife their prices againll every buyer and to fink them againft every feller. The planters can there- fore derive no benefit from the exclufion of any one clafs of traders (were the propofal even to come from the merchants of Bofton, New-York, or Philadelphia, of Baltimore, or Charles- Town,) which would form a monopoly in favour of, the few againll the many, by facrificing the agricultural interefl to the mercantile. Though the Ameri- can merchants might gain, by fuch exclufive pro- jefts, the American planters are only interefted, in having a competition, in their marlcets, between buyers and fellers of various countries, and there- fore of various views. From the foregoing reafonings we may furely infer, that the Affemblies of Virginia and Mary- land a£ted contrary to the genuine interefts of their conftituents, when the one refolved. That no Briti/h Chip fhould import the produce of the Weft Indies, and the other impofed on every Bri- tifti vefTel a tax of three (hillings fterling the ton : When the other Affemblies concurred ge- nerally with both, in the refolution of arming the Congrefs with power over commerce, for the purpofe of retaliation, or redrefs, they equally fa- crificed the real advantage of their country to their own refentments. But, revenge is merely a momentary paffion, while avarice is the mod: obftinate affe6lion of the mind. Cool calculation will ere long difcover, that were the Weft India traffic wholly cut off, the planters would certainly lofe a market for their provifions and lumber of the [ 5' ] the annual value of half a million; the American commonwealth would moreover be deprived of a yeaiiy balance of £ 350,000 ; which is pay- able in bullion on that branch of bufinefs, at a time too that fpccie does not abound among them. And (till more, by that determination the Affem- blies w^ould at once raife Canada and Nova-Scotia from the ground, and execute that meafure, which wife men wilh for, as the fyftem that Great Britain ought fpontaneoufly to adopt. 2. From inveftigations with refpeft to the man- ner wherein the American citizens are interefted, either individually, or colledively, by the late re- gulations '^i " (. American trade, i\e are led, fccond- ly, to difc ' he various ways^in whidi the Weft- Indies may be affeded by the proclamation of the ad of July, 1783. Like the American citizens the Weft-India planters complain, with ftill lefs propriety, not fo much, that the proclamation did not give them many advantages, as that it did not give them every advantage. The laws forbade them to carry on any commerce in the ftiips of the United States ; yet, the Weft Indians cl imour, becaufe they were only allowed to traffick in Britijh illips : They are permitted to fend their rum, fugar, molalfes, and other produ£ls to the,Amevican mar- kets, and to bring the moft material of the American produce in return j yet, are they dilfatisfied, be- caufe they are not moreover allowed to employ Avlerican lliips; without confidering how much the ^lermilfion would enervate the naval ilrength H2 of [ 5^ 3 of Britain, whereon they themfelvfes rely for de- fence. It is not uncommon to fee men carried away by their prefent paChoa to their ultimate ruin. When the Wefl- Indiana beheld, with too favourable eyes the revolt of the C(;lonifts, they might have forefeen, that forcible oppphtion to the laws, and even to the legillature, would pro- bably end in ablolute independence : — When the Weft-Indians, by their clamours, confirmed the purpofe of the revolted colonies, little did they perceive, that fuccefs would convert fellow-fub- je6ls into enemies, during war, and into aliens, in peace. Yet, the Committee of Weft-India planters and merchants now reprefent : *' That the permifiQon of f^merican (hips, as heretofore, freely to bring the produce of the American States to the Sugar Iflands, and to take back the produce of our iflands in return, is oki.lo'ujly tjjmtial.'* With deference to fuch refpedable authority, it may yet be aflertcd, that the Welt-India planters and merchants, did not always argue thus. Many years have not palfed away lince their predeceflbrs caft the Con- tinental Colonifts the gauntlet of defiance. When the Weft-India planters applied to Parharaent, in 1731, for prote6lion againft the fmigglers of the Northern colonies, they as confidently ftated*, *' That there are perfons ft ill living, who very well Anderf. Chron. €901. 2 v. p. 336. [ 53 ] well rerr-mber, when there were very great quan- tities of provifions and other requlfites for planting, fent from Old England to our fugar colonies, be- caufe at that time our continent colonies were not fully able to fupply them." Neverthclefs we arc now told by the fame authority, that the planta- tions of the South and North were fettled with defign to fatisfy each others -wants. Thus, we behold the Weft Indians of 173 1» ftandoppofed to the Weft- Indians of 1783, with the contradi6lorinefs of men, who farrifice oftener at the ftirine of Intereft than in the temple of Confiftency. From hiftory we may learn indeed, that Old England hath iucceflively furnifhed all her traqfat- lantic fettlements with every necelfary for planting. When the Parhament prohibited*, in 1663, the dire£l importation into the Britilh colonies of foreign commodities, being the growth of Europe, the law exprtlsly provided, that horfes and viHual of the prod u 61 of Scotland and Ireland might be tranfpoited thence to the plantations. The term vidual carries with it fo large a meaning in our language, as well as in our laws, that it includes " all ftores for the fupport of life." And from that early epoch of our colonization, horfes and viflual have been conftantly fent from Ireland and, Scotland to the BritiQi Weft Indies. — From a querulous pamphlet, which, when publifhed, ia 1689, •^y 15 Cha. II. cl?pp. 7, [ 54 ] 1689, was entitled, The Groans of the Planlations, we may learn not only the caufc * of their corti- plaints, but alfo the courfe of their fupplies, at the aera of the Revolution. Amidft all their groans, the Weft Indians then declared, *' we ** have our horfes from England ; the bread w« *• eat, is of £ngli(h flour ^, we take great quanti- " ties of Engiifh beer, and of Englilh cheefe and " butter : we fit by the light of Englifti candles : ** moreover we take thoufands of barrels of Irilh ** beef." More moderate in their defines, be- caufe they were lefs opulent than the Weft- Indians of 1784, the Weft Indians of 1689, *' were well contented to be confined to England only, for thofe things that England doth produce." , the «( (( • The Weli-itvdians had then two caufes of complaint; the tax upon fugar, which was, for the firft time, impofed by the id ja. If. ch. 4. and the aiSls of navigation, which had al- ways confined their commerce to England : Yet, the Weft- Itidians have profpered and groaned ever fmce. Their pro- fperity we may, indeed, infer from the fubjoined detail of the value of their imports and exports, to and from England j»t the two extremiciec of a period of eighty years i Value of imports, Valut of exports^ from the W.Indies, to the \v'. Indies. Ten years average, 1 J- '.u . .^ I /;.620,i28 £. 31^,030. ending with 1710, 3 a. y> «. j j» jy Do ending with J 780, 2>943.955 '279,572. What* marvellous progrefs in growth dees this ftatement exhibit ; Yet, what continual clamours of decline have we heard, during all that period ! ^ t 55 ] The Continental Colonifts foon Tupplied thcto^ felves, and gradually fupplanted tlw Engliih mer-' chants, in the Weft-India markets. Sir Jofkih Child, faw the rivalry begin, during the reign of Charles II. and warned the nation of the confe- quences^ Dr. D'Avenant beheld its progrcfs, amid the wars of William III. and vainly urged the interpofitioR of the L^giilature. While the BritiCh landholders were at a vaft expence, in taxts and debts, defending the colonies, during every conteft fince the Revolution, the colonial landholders entered into a too fuccefsful competi- tion with their prote6lors, in ever^ port, during peace; nay, even fupplied witk proviHons the enemies of both in war. The colonifts were re- garded as fellow-fubje£ls, who merited not only defence, but favour. The landholders of Britain allowed meanwhile, a double monopoly to be efta- blilhed againft themfelves : They firft, permitted the Weft-Indians to furnifh their own .aarkets, with all things from the continental colonies ; they indulged the Weft-Indians, fccondly, with the fole fupply of the Britifh markets, for rum, fugar, ar.d their other produ£ls. But, though our kind<- nefs, rather than our interefts, allowed to our con- tinental colonifts, a competition in every market ^ furely, our policy ought not to permit thofe who were once fubje£ls,but are now aliens, to a£l as rivals in the commerce of the BritiQi Weft-Indies, which the Britifti nation is ftill bound to defend. The French do not a£l in this manner : And yet, the Weft- P i6 V Weft-Indi^ regulations of Fiance, are by all the world commended: '^»^'i''^"' vh>. ., ; ,:m.- ,.-«,. ^' W>d fhall neverthelefs be pertinaciouOy told : ** That the admiflion of American fhips into the Weft-India ports, is ohioii/ly effentiul: That Great- Britain muft at laft fubmit." Thefe are at lead confident words. The term cbvimjly filppofes, that the general aflertion admits of no controverfy: And the word tjftniial^ -fignifies that the nature of the grievance allows no alleviation. The con- tinental colonifts, when on the eve of a revolt, in, the fame manner thought, that their traffic was obvioufly edential to the Weft-Indians ; and there- fore prohibited all commerce between them. Yet, eight years experience hath evinced, contrary to malignant fpeculation, that it is poffible for the Weft-Indies to exift and to profper, were the United States doomed to perpetual fterility. It is the mercantile fpirit which brings the buyers and fellers of diftant countries together. Merchants' are fufficiently ftudious to difcover the demands of every market; that they may profit, by fupplying them. The traders of Great-Britain and Ireland feized the opportunity, which the fa6lious folly of the Americans had furniftied, to revive and ex- tend the bufmefs, that had enriched their fathers, durmg happier times. Even during a confuming war, when vafl. fleets and armies were fed beyond the ocean, Great-Britain and Ireland fufficiently fupplied all thofe neceflaries, which the Weft- Indians did not readily find in their own oeconomy. . Their [ 57 ] Their fuperabundance even furnifhed the army that General Grant condu6led to their aid, with feveral months provifions. And the fleet too fometimes partook in what the planters had to fpare. The following cuftom-houfe entries will (hew fufficiently, whence that abundance was drawn, at the beginning, at the middle, and at the end of the war, ; ! I ■• ? ' { j I ...... I • I - • { ; ! ' -. I I Of f 58 3 C 5!> 1 With the lafl-mentioned produ6ls of our fieldb wc find little from the revolted Colonics to. con^ trail, bccaufe of butter, chccfe and beer, they im- ported more than they fent out *. From the foregoing entries, with all their dcfe6ls, it is fuf- ficicntly clear, that Great Britain had regained th^ fupply of the articles contained in them, and thafci as to thofe neceflaries, the Well India demand was amply anfwered. The planters derived ground provifions from that beft of all rcfources, their own dihgence and attention. And their meafure of all things was probably filled up from the prizes, which even hoftility conducted to their ports. But it was from the embarraflfrnents, which their af- fefled friends intended to throw fa their waj', that the Weft-Indians learned a leflTon of the greatctt importance for every people to know, that no community ought to depend on its neighbour, for what the necelhties of life require. The country, which xsphyfically dependent on another, mufl: foon become politically dependent on it. If indeed the admiffion of American veflTels into the Well-India ports were effential to the furnifri- • There were exported from Ireland to the Britifh Colonies, Continental and. Weft-Indian, according to aii average of the years 1773-4-5 ; ... Of Beef ■■■ ■■■ 68,990 Barrels, Pork — — 25,964 Barrels. Tongues 3,332 Dozens* Butter — — 36.644. Cwt. Cheefe — -^ 1,317 Do^ [ 6o ] ing of the unhappy negroes with food, benevo- lence would drop a tear over the wants of human nature, and juftice would grant what policy might with to deny. The queflion however does not turn on the pivot of fupplying the Well India Lords with their ufual luxuries, or the Weft- India flaves with their accuftomed needs. The proclamation has provided, that both (hall be-* fupplied in the moft reafonahk manner, having at once an attention to private convenience, and to public fafety : But, the Weft-Indians contend, that they ought to be accommodated in the moft frofitabk manner, having a regard to their own intereft alone. And we have feen, that three abundant markets, namely, Great-Britain, and Ireland, in Europe, and Newfoundland, Canada, and Nova Scotia, in America, had been already opened, when the proclamation added the United States as a fourth. True indeed, neither the pro- clamation, nor the law cov/imanded traders to fup- ply the Wejl-India wants. It was fufficient, that the laws and the proclamation removed every hindrance. All lyftems prefume, that it is the bufinefs of merchants to difcover the neceffities of mankind, and to ranfack the earth for the means of gratification. The traders have aftually found me,^/ 3;*! ia nn.hfW-^-m -i'V i t. An inquiry into the ftate of population in the Britifti Weft-India Iflands may be regarded as rather curious than ufeful, when the amount of their confumption can be nearly afceitained by fatls. The Board of Trade reported to the Houfe of Lords, in 1734, that the number of white men was then 36,201. If we fuppofe that they have doubled in half a century, by whatever means, the prefent white inhabitants may be calculated at about 72,000 fouls. Mr. Glover, who very ably pleaded the caufe of the Weft- Indians, before the Houfe of Commons, in 1775, roundly ftatcd the number of Negroes at rather more than 400,000. If we admit the foregoing conje6lures to be nearly the truth, it cannot be f'lrely inferred, that fevcnty-two thoufand mailers, with four hundred thoufand flaves, form a community of fufficient bulk, to whofe gratifications the intereft and even independence of the nation ought to be facrificed. The planters and flaves exift in a ftate of fociety extremely analogous to the fituation of Europe, during the feudal limes : And like the Barons and J . ■. ' * their ^ f 63 ] their vaflals, in the infancy of agriculture, the Weft Indians confume great quantities of falted provifions. From the revolted Colonies they re- ceived ot " -?■ • •; .•• i -^ ^- Beef and Pork. " - •" ' r'* • ^ "^^ In 1771—^-13,511 barrels. -^ '■ ":■" "^ . 72 — 12,575 ' .-" :-■•'••• ; • ' 73 — 18,890 An annual demand of 1 4,992 barrels was doubt- lefs a confiderable quantity : Yet, from Ireland alone the Well- Indies may be furnilhed with greater fupplies of falted beef and pork than they can confume ; as \^^e may learn from the ftatement on the fubfequent page *. • c S«e the note on page 59. 1:4 om r '^.•^^r [ 64 1 W) c>. o -r P8 bO n3 ^ . « o « re •r' ^ .s O) u f3 bO *a (3 W3 oi > •;= £3 ^ bO Ui u u - O M ^ a cs (U pa ■ U3 o O rl- o o c« ^ g C> w <-• i^ a.z3 "I* u « « « >-> euQ u > *r:^ o.^ a ta C.I c w i> ^■5 S <•*■ w n to • .1 -rr o o *^ k< 4J «-« (a rt \0 >^ W ii 2 0) « vo Ji o«°< ■^ ri u ^ ** >*j « CJ U (4 o o o w o 13 W) O ~ « <-» "^ vft N », « 04 CO «j 7; (U O rv k- vS Q « e c« i: xi -r- a >- c -' H^ 4 a . «. ' f-^ o .^ -^ c /- r^t: ^ 4j 00 « »i ij t^ fci W O [ H 1 Thus, by cotitrafting the whol^ quantities of thofe different kinds of falted provifions, which were exported from Ireland and the United States* dbout the fame time, we fee fuch a fuperiority iii the Irifh market over the American, as to leave the merchatit little room for choice. The Irifh fup* ply is vaftly greater ; the prices are nearly equal i yet it muft be obferved, that the Iri(h barrel is fomewhat fmaller, while the quality is infinitely preferable. Confidering how much our Wtft« India veflTelshave hitherto wanted freights, and hovr commodious the ports of Ireland are to the fiiip* ping from the Wefterh coaft of Britain, the falted provifioiis of Ireland may be thence tranfporttd cheaper to the Wefl: Indies than from the nearer ihores of the American Sts^tes. And the Irilh bee£ arid pork and butter^ were always preferfed in the Weft India markets, and even in the markets oC the revolted Colonies. Britain too, we have feen, can furnifh no inconfiderable quantity of all thefs artides. To preferve the fupplying of falted provi- lions to Britain and Ireland, by excludihg the com« petition of the United States, was the ruling prin- ciple of the late regulations. And thus from the independence of the revolted Colonies, have we gained all the profits of the fupply, and the ftill more important advantage of the freights. The wifdom of thofe regulations, and the benefits which Britain mud ncceffarily gain from that fig- nal event, will appear in a (lill clearer light, if we Hike a cgmprehenfive view of our filheries^ which, K as [ 66 ] as the bell nurfery of our fcamen, arc fo worthy of cur care. » The fubjoined detail, eontaininga fketch of the Newfoundland fiftiery, during two diftant years of peace, which immediately followed two confuming warp, will enable the reader to determine how far the revolt of the colonies has deprived Great Britain of this valuable tilhery, according to the prophecy of 1775. .1 V •• : :' ." I: :.'i iif^'v^.:;;. ' The number of Britifli fiCiing i* • ; , ihips , ,.. .,, i.^-rr,..! ^.. ... t4^ ■ t_ Trading Chips ^^..^, „ 97 :■. ;■:{. ;■? ,. U\ null ATO^^ ^m. u.r:'^°6 Tons of Briti{h fifhing fliips 14,819 ^Trading fhips 11,924 j: .:';! 26,743 Of American Ihips 130837 in 1784. ;,;•'. >:',;r:t,;:o- 1 1.V; i - ^- 4. 1- ' ."•fi. .'• •■ •:' 236'. V\, 6^ ji*;ii i J....- < ' 'h .''I.) it'.' 18,832 4,ao2 H >W M Number of men. in Britifli ■ filhinglhips, — 1,933 Ditto in Britifh trading fhips i ,039 Number of paffengers from V. . :. England — 1,639 Ditto from Ireland — 2,451 ^3>5^5' 3»i87, Numbof t 87 ] Nuftiber of fouls who vemain- "■ed, during the Winter in Newfoundland — 10,226 -il.-i 10,821 Number concerned in the fiOiery — 17,288 (Quintals of Cod exported tb foicign markets — 470,188 497,884 i7»j93 Such was the general amount of a filliery which has at all times received, beCc^ufe it always merited, much of our legiflative regulation. ,l3ut, in ex- tending encouragement to that mo t ufeful clafs of fubjefts, the preference ought furcly to be given to the fiQiers, who go yearly from Britain and Ireland, in oppofition to thofe, who refide and «arry on a fedentary fifhery : For, it the ufe of a nurfery is to fupply the public vviih failors, when the dangers of v/ar require their aid, it is in vain to breed featnen, whofe fervices cannot eafily be commanded when they are moft. wanted, lifeml rcgulaiions ought to be preferred !o pecuniary bounties. And no enco :ra:t;ment can prelerve the filbery if a fpeedy and conflani- fale is not found ff'riher.fh, wh/vMi it is cured. From the Indf^fjen-^ dencc of the Ameiican States we have retfs ,s— M. cf) c>o *r> c ^ •* •* BQ ^4- CO en <3 CO G <^ G 'O 3 «^ O *= I 'a o §• H i«s ^ ;n .2 tiy. •S « a - o u CO n< o h w rf e\ao op "S On r» so ti •> •> - . « so t^ js CO O i-i O «• * n •5) •-» -no O tN.VO y • " cj "^r •-• I H q O -s o e '3, O 00 C4 C4 13 tS .e O O OO 3) X*- «N ^ Vnvo 3 .? * _ k^ o O 3 N . ViVO ON ^ 0\0 "^ i2 ON CO r^ •S) ". " o> o> O S ^<^ 0\ m •a S IS* ,; oo o to ;^ -^00 t>. ti-* Ht CO -g CO CO CO n •H N CO CO ■'*^] [ 7° ] But this flatement will not be admitted to Be a genuine account of the relative importance of the Biitifh and American filhery, by thofe who know, that the New Fnglanders purchafed much of their fifli at Newfoundland, which they after- wards exported to foreign markets. And a com- parative view of both thefe filheries is fubjoined, in order to fhew more diftjn£lly, which of them forms the great mart* whence the Britilh Weft- Indies may be amply fupplied. r' t ( f FiHi t 71 I cyo V o 13 X on 'I' rt rt ^ « CQ (U o ^ .S -G .t: s « ei ^ 5 > CQ 00 "^ H h H U ri:r. 'OS o\ & w -c •-o 00 N ^ k.i.i J iiX 0) o i 3 at >-• « Q ■»■* as O a> e« g. 3 c <« a 00 CO VD (U ua ** -2 2 3 2 i iS ^ > a u JC o •5 ri 00 ^ iva:):j-r NO A r ON t« ^ C/l -a a> TJ O •i< »T3 ^ « u •-' o Oioq 2 LxJ --^ TJ .i: ^ -n ^ r« iS ^Jd ct; .3 - cr> t^ **-• CO r> u .« 0) TS -fl •^ C U V) jfc a cs S 'tj u c^ t! P ? « •« J5 « m 4> 8. *« P n3 ^ ^ [ 72 1 ' ' Thus, We fee, that the revolted Colonies had cngrofled almoft the whole of the Weft-India markets. And thus we perceive from what fourc6 the Britifb Weft-Jnilics may be moft amply fup- plied with fifb, v\'hc.< . ". confider, that their whole confumption amounted only, to about 161,000 quintals of dried and 16,178 barrels of pickled liih, if v/e may judge from an average of three years importation, ending vilIi 1773; end when we refleft too, that the general price at Newfound- larH was feven (hillings the quintal, while it was ufuj '7 nine at Bofton. I'hat we enjoyed a confiderable fifhcry not only at Newfoundland, but alfo on the American coaQifj before New England was planted, is a melancholy truth, which we might learn from the debates in Pailiament, during the year 1621, if Sir Jofiah Child had not recorded the i\i6k, daring the reign of Charles II. and lamented the impolicy of per* mitting it. The American charters, which were granted by Charles I. are all remarkable for a cau- tious claufe, referving to the refidents of England and Ireland tht right of fifl^lng in the bays and harbours of the Colonies and drying the fifh on. their lands *. The ardent people, who formed the fettlement of New England were foon driven by the it • This claufe was probably iifert d from the declared Icnfc of the Houfe of Commons ; that the Englifli fiftiericA were of more national importance than the Colonies. $C9 the Parliamctttary Debate* 16^1 througbauc. [ 73 1 their neceflitics to begin the labours of the fifher. The hardy inhabitants of the Veftcrn Coafts of England, who ufcd annually to refort to the Ame- rican fliores, found too powerful competitors in the planters, wh(, had emigrated from Dorfet, Devon, and other Weftern parts of England; whofe fu- perior advantages in their new fituation, converted ere long an annual fifhery from England into a llationary one, at the diftance of three thoufand nJIes. With a dmilar fpirit the New Englanders engaged in the filheries of Newfoundland, though not with the fame exclufive fuccefs. And in pro- portion as that enterprifing people became com- petitors with the fiihers of Britain, during her civil and foreign wars, their rivalry narrowed the nurfery, whirh had been deftined to furnilh the Britilh navy xvith "^ hardy race. For, the American Teamen, like liie Britifli, could not be prelTed into the public lervicc, fince they were exempted, not fo much by a£l; of Parliament *, as by the fpirit of the country. Owing to the before-mentioned caufes, the Britifh trader had lon^ ceafed to have much direft trade from Newfoundland to the British Weft-Indies. For, it appears from an average of the year* 1771-2-3, that there were only fent to the Weft- India market, dire 6lly from Newfoundland, 392^ quintals, 769 hogftieadsand 67 barrels of fifti, tho* the Weft-India demand required (as we have feen) L 161,000 6 Ann. ch* 37. fee. 9, t 74 ] 161,000 quintals of dried, and 16,178 barrels of pickled fifli. To fo great an extent had the New-- EnglatiJers engrofled that profitable bufinefs, to- other with the chief fupply of the Newfoundland fiflkries. They thereby enjoyed all the gains of double freights and double profits on the commo- dities. They fent to Newfoundland in the firfl place, molaffes, lligArs, and other produ£ls of the Well- Indies, together with provilions, and im- menfe quantities of rum from their own diftilleries. In return, tney carried away the fifli into their own ports, where the whole was forted, and whence much mi the inferior kind was afterwards fent to the Weft-Indies, for fupplying the confumption of the flaves. Of this gainful traffick the revolt de- prived the Americans, with other greater benefits. And during the war a direft trade, between New- foundland and the Britilli Weft- Indies, was open- ed, which proved equally advantageous to both. A market was even found for the refufe fiOi in the free ports of the foreign iflands. And thus, what tha Americans loft, in purfuit of their ohjeCt, Brifilli fubjefts have gained * and may keep, unlefs we reje61; the favours, which fortune has thrown in our way. ''-. '''' ^ - i>* '"•'»; Scotland is faid to have enjoyed a confiderabic fiftiery in ancient times. It did not however dc- fcend . • The fupply of provifions, of VVcft-India produds, and of lumber, which were annually fent from the revolted Colonies to Newfoundland, was formerly prodigious and reijuireJ many ftiips t 75 ] fcend to the epoch of llie Union ; which was dread- ed and oppofcd by the Duch*; becjufe their com- mercial jealoufy fufpefled, that the weallh of Eng- land would be employed, in urging the Scotch to refume and regain the fiftieries, which their mif- fortunes, or evil habits had loft. What the Dutch thus forefaw and feared a6lualiy happened in time. The Parliament wifely gave a bounty, in 1750, of thirty fliillings a ton, on fuch bulfcs as ftiould be employed in the white herring hfliery, under fpe- cific qualifications. Before the year 1768, the Parliamentary bounty !iad created 263 bufles, car- rying 12,5 36 tons, which were navigated by 2,808 meo, who caught 28,162 barrels of herrings f . ft ■ ' "■ ''■"'.■ ' ■" " h 2-- •' ■ •' ''■ '"• " ' <" was •J 1 • • • < . ,1./' J I ■■,' I- '• , ■• : _M, 448 kegs, 1230 cwt. ' r OatHu^al — 8 cafks, • . -. •. Butter 12 kegs, . , . , Chocolate 9 boxes. Apples — 46 barrels^ Poultry — 17 dozen, ' ' ' • Sheep — 21 number, ; 1 : ■ •; i ' Cattle — ■ 117. number, f ' ^ Oriuns 3069 bunches, , r, ^ ■. , Molafies — 92 hogfheads. No Rum, and a fmall quantity of Lumber and Naval Stores. ♦ As we know from a memorial of Dr. D'Avenant tc. '.;; Godolphin, in the Paper-office. t A detail from the Cuftom-houfe. '"' . A [ 76 ] was probably, from a filhery, thus c.eated ty a wife meafure, which ought alone to evince to ths United States what the wealth of Britain can do, when employed on her own improvement, that Scot- land exported to the Weft-Indies of Herrings ; In 1767 — -i- 8,273 Barrels In 1768 — — 10,830 In 1769 — — 8,435 befidcs tuQc, ling and falmon, in much fmaller Quantities. The amount had perhaps been greater had the v':ompetitioa of the revolted Colonies been lefs. Wiien that competition was removed, by the war, England alone fent fupplies of pickled fiQi to the Britiih Weft-Indies fully equal to the confumption, as hath been already proved *. The Britiih fiCh fetched a higher price than the Ame- rican, becaufe they are of higher relifh and more capable of prefervation. The extenfion of circum- jacent fifheries, and the improvement of internal waftes are the only objects, which greatly merit the bounties of the Britifti nation ; owing to the nature of its defence and frequency of attack. But, the beft bounty, becaufe the cheapeft and moft fuc- cefsful, is the opening and extending of markets, wherein there ftiall be no competitors. Whether the Britifti fiftieries, European and American, can fnpplX • Sec before p. 56. There were moreover fent from Scol- ■land, in 1779, no fewer than 25.767 barrels of Herrings, exclufive of Ling, Salmop, Scz. though in no great ^jaafl- titite. [ 77 ] lupply the Britilh Weft-Indies with 161,000 cjuin- tals of dried, and 16,200 barrels of pickled fifh j whether this cargo ought to be fupplied by Britifh fubjeQs, exclulive of American citizens ; are quef- tions, which he would be idle, who (hould fit down to anfv/er. It will be found perhaps much more difficult to procure for the Weft^ Indies an adequate fupply of live provifions and liv« ftock, which the proclama- tion properly allowed to be fent them from th^ United States, if the American governments ftiould, in their anger, prohibit the export in Britifh fhips. The neceffary cargo is not a fmall one ; as we may learn from the following detail : Live Stock, Exported from the now United Slates to the Britilh Weft-Indies, Horfcs, Cattle, Sheep and Poultry, No. No. Hogs, No. dozen. In 1771, — 2170 — 1148 — 4812 — IC07 72, — 2220 — 1296 — 3693 — 939 73, — 2768 — 1203 -- 5320 — 799 Yet the numbers of each kind are not beyond tiie fupply which the Britifti dominions can furnifti. H ;rfes, we know, have been feni to the Weft- Indies from Britain and Ireland, during every age, in proportion probably, as they were not excluded by the competition of the revolted Colonies. Since the epoch of Independence low priced hoifes have been adlually exported from Scotland . In the two and twenty years, ending with 177*1 theic were exported [ /« ] exported from England, though not wholly to America, no fewer than 29,131 horfes*. There feems then no reafon to doubt, but the bogs of Ire- land, the mountains of Scotland, and the heaths of Cornwall, will produce garrons enow to anfvver the full demand of four and twenty hundred, with- out proftituting the hunters of Yorkfliire to the drudgery of the mill. Mules are fent to the Weft- Indies from the Weft of England. From the peace of 1763, Canada fupplied the Southern fettlements with many ferviceable horfes, by the route of Lake Champlain, which were fometiraes exported to the Weft Indies ; but Canada fent none by the River St. Laurence : The channel of the Champlain be- ing now obftru6led, the furplus number will af- furedly form a part of the mixed cargoes, which will now be fent diref-lly to the Britifli Weft Indies, in profecution of a more vigorous com- merce. The fcrcfts of Nova Scotia have hithtnto bred few horfes. When the energy of the new fettlers Ihall have banked out the tide, we may rcafonably expctft, that their meadows will raife horfes fufEcient to fupply even the wants of neigh- bours, from their Eaftern harbours, which, ftretch- ing far into the ocean, court the traffick of every country. The fields, which, from their herbage, produce horfes, will equally rear cattle of every other kind. Canada and Nova Scotia have not yet fupplied the Weft • See the Annual Regiller, 1773. [ 79 I Wefl Indies with any number of oxem Com- merce, like every thing elfe, tnufl have its begin* ning and its end. Virginia and New England were originally (locked with the ox and the (heep froni England. Both however gained from her in lefs than forty years the fupply of the Weft Indies^ which they, with the other revolted Colonies, chiefly enjoyed previous to the late civil war.— • Canada and Nova Scotia have yet to learn how to form that mifcellaneous cargo, confifting of pro- vifions alive and falted, of lumber, and of almoft every thing, which the neccflities, rather than the elegancies of life, require. Till both have acquired the pedling arts of their neighbours (and it were to be wilhed that every part of the Britilh domi^ nions would pratlife a pedling more than a magni- ficent commerce) Ireland alone can fupply from her moft luxuriant paftures the full demand of cattle for the Well India market, fince Ireland annually exported, according, to an average of feven years, ending with 1777, four ihoudmd and forty live ftock, exclufive of hogs*. From the coft of Barbary the Weft Indies were often fupplied with flieep ; and from the Cape dc Vcrd Iflands they were fomctimes furniftied with cattle and Indian corn. It is of greater nautical importance to Britain, to fend ftieep and oxen to the Well Indies, from t!ie Darbary Coall and the Cape • Appendix to Mr. A. Young'a Tour in Ireland, vvhicK cont^'.ns many inccrciliiig dctaili. [ 8o ] Cape de Vevd's, than from Nova Scotia or Canada * becaufc the chief care of Britain, on this occafion, ihould be, to find outward freights for the Weft India veffels, confifting of fix hundred and eighty fail ^ to make that bufinefs profitable now, which was formerly unprofitable, owing to the greater bulk of the homeward than the outwa-d lac^ings : And in this meafure all parties are equally interefted, becaufe if Ihips are fully freighted to the Well Indies they can tranfport the Weft India produ6ls the cheaper to Britain. Laftly ; if the Well Indians Ihall continue too high-minded to raife their own poultry, they may find feeders in Bermudas : And Bermudas alone can fend them all the poul- try, which their luxuries may crave, fince the Bermudeans fent them 741 dozen, in 1772, as part of an accuftomed cargo*. If from the ofl^spring of pafturage we turn our atter.'ion to the produ£ts of agriculture, we ftiall find the flour of wheat to have been an article, which the Weft Indians confumed in great quan- tities, though their flaves v. ere feldom allowed to tade it. Cf Flour and Bread there were exported to the Britifti Weft Indies ; In 1771, — 136,388 barrels, 4,515 kegs 72, — 126,229 — 4.960 "^ ^ If ♦The Inrpc£lor''s Books« [81 ] if the United States fhould rtfufe their formef fupplies, the confiderable quantity *, which was thus confumed in the Britifh Weft-Indies, muft be colleded from various fources. Nova Scotia has hitherto had no furplus of flour, or of wheat to rpare. The agriculture of Canada was, for feveral years after the conqueft, overfhadowcd by the fu- perior advantages of the middle colonies. It was the cheapnefs of the Canadian wheat, owing to the abfence of buyers, which induced the Phila- d' n merchants to become fpeculators in the r-arket of Quebec, for fupplying direftly the dei..dnds of Portugal and Spain, And Canada aQually exported t Bufhels wheat. Barrels of flour* In 1772, 73» 74, ?5» 78, ^5 4,807 264,916 460,818 i75»^59 M.'75 720 7'09i 6,991 20,521 The Canadians, like their Southern neighbours, have acquired an energy from the war, which, like them, they will carry into all the operationg of peace. To argue, that the Canadians, becaufe they were once indolent and poor, are never to become a6livc and opulent, is to inlifl; that the M affairs • The Infpeftor's Books. f Infpe^. Gen. fiotks. [ 8^ ] affairs of the world do not run continually in a progrefs;. that children never become men ; that every people have not their beginning, their rife, and their decline. The hiftorian will find no great difficulty, in pointing out the exa£l period, when^ each of the revolted Colonies exported a lefs quan« tity of wheat and flour, than Canada aQually fent out, as its furplus, in 1772. When the United States, in their fpirit of refeutrncnt, rather than retaliation, fliall have withdrawn the competition of their citizens ; when a conftant demand fliall have operated as an encouragement to the manu- fa^uring of wheat; then will Canada fupply boih Newfoundland and the Britifh Wefl; Indies with a fufficient quantity of flour, which when well packed keeps for years. The fcofts of Canada, the ftorsns of St. Lawrence, the fogs of Nova Scotia, have all been mentioned triumphantly, as natural infe- licities, which muft for ever prevent Canada and Nova Scotia from becoming confiderable, in agri- culture, or great in trade. The mildnefs of thw^ Winter of 1783-4 in Nova Scotia, while the rivers and bays of the United States, as far as Carolina, continued frozen till trie beginning of March, ought; to moderate that triumph in future. 'J he fame North-Wefl; wind, which renders it To difficult for veffcls to afcend the St. Lawrence, after the middle of October, facilitates the navigation outwards. And Halifax might cafi/y be converted into a depofitory for ail the furplus produ(5ls of Nova Scotia and Canada ; which might j>fterwards be km f S3 3 fsnt out, during every feafon, as detnand required, ^rom that moll commodious of all the American 'harbours. Halifax is faid to be the moO: commo- dious port, becaufe it is not only at all times open, but it happily ftretches about five degrees to the EaPtward of Chefapeake Bay j the North-Weft wind, which drives with irrefiflible violence fo many (hips from the coaft of the United States, carries them fafely to Halifax, by a fide-long pref- fure; and the Gulf dream conveys every veflel from the South, during the calmer weather, by an eafy fail along the American fhores to this molt fecure retreat. Whatever produclions, the ploughs of Canada,, or Nova Scotia, may ever yield-, Great Britain will furely be able to furnifli all the flour of wheat, which the BritiQi Well-Indies can ever require, if from our experience we may form any expeclation.. Even young men may remember fmce England fupplied the coafls of die Mediterranean, as well as the fliores ^f the F.'dtic, with wheat. During that flourifhing period of our agriculture, from Z740 to 1757, England exported annually * about 750,00a quarters of corn, which at the low prices of that time, brought into the nation ;^.i, 300,000. Such plenty, alasi and fuch profit from Corn, we have not for forae years known. However unfa- vourable the feafons may prove, there is reafon to M 2 hope An. Reg. 177?. t 84 1 Bread. Cwt. 404 32'5S7* hope, from the improved ftate of our agriculture, that Great-Britain will be able to fpare wheat flour enough to fupply the wants of a community of fcventy thoufand mafters. For, there were a6lually exported to the Britifh Weft-Indies from England alone : ■ ' Wheat floir. Oatmeal. Quarters. Quarters. In 1773 — o — 18 — 1780 — 35,907 — 758 — , . 1783 — 4,090 — 125 — 6,6s7 The quarter of meal mull weigh 2y6\hs: So we may regard every quarter as only a greater barrel. From thefe Cuftom-houfe entries, with all their imperfedlions, we fee clearly enough the effeft of the American competition when it exifled, and when it had ceafed. Whatever may be the I'yftem which the Parliament fhall adopt, with re- gard to corn, it will be wife to continue the per- milfion, which has for fome years been given f, to export grain and other provifions to the Dritifli Wefl Indies, like the indulgence that has ufually been granted to Man, Guernfey, and Jerley. We are * Evf-n from Scotland, there were exported in 1779, of wheat flour, — 2475 Quarters. Oatme.il, Bread, — 177 Do. — S>2)4 Cwt. f By 23 Geo. IJI. ch. 6. this peimifTion was continued to the ill of May 1784; and has, by an a6t of the lall feflion, been further continued. [ 8s ] are very »pt to copy tlie French fafViions, while we roo feldorn adopt the French policy. What the French practice ever now is, we may lea;*n from the edifil of the V iuiunt de Damjjs, in July 1783, which htS been lately cited as fo favourable to the United States ; and which yet permits— " Their merchants to furniili our Colonies (of France) with every kind of thea ':o; inoditics, that our naiicn cannot fupply us with.'* We ought not to hefitate a moment then, ,"n " 'curring to the original pr" icipie of colonization, vvh"':h confifted, in fiipplyik.j all that the plantations might want, and that Britain could furnini, exclufive of every other country. And thus we perceive, how great a favour the Congrefs would confer upon Britain, were that body to prohibit the expor*- of flour to the Britilh Welt-Indies j and how grei'^ a benefit Britain confei red on the American citizens, when flic allowed flour to be exported from *he United States to the Britifh Weft- Indies in Bri' jli Hiips. It will be much more difficult to Knd for the Well Indies a fufficient fupply of rice and Indian corn, which are both Hiid to be abfolutely cffential. Of rice there were only imported in the Britifh W^elt- indies, if we may judge from a hree years average, ending with 1773, 20,563 barrels*. Of Indian corn there were equally required, if we may determine fiorii a firnilar average, 401,471 bufhels. • The Ctltom-houfc ■ _ , , *^ The fubjoined detail will evince the truth of the pofition 3n the text, that the American price* of grain are already . . falleH . i'lm^ petition. But, whatever may be the difference In the price to the Weft Indians, this is but a fmall equivalent, which they ought to pay to the BritiUt confumer for enjoying the exclulive fupply of fugar, rum, and other Weft India produ6ls. But, the American citizens having now ceafed to be feIlow-rubje6ts, ought certainly to be excluded from a right and a benefit, which we had formerly relinquiihed in favour to them. The BritiQi farmers next to the Britifh failors are the men, who are the mod worthy of the prote£licn of the Britifli legifla- ture : The one clafs fights our battles : the other fupplies us with food : The farmers are therefore entitled to the preference in fupplying the Wt(i India markets with all the produ^ions of agricul- ture : The failors are Aill more entitled to the .employment, which arifes from additional freights. And the public will gain in the exad: proportion, as the intereft of thefe two moft ufeful bodies of men ere promoted. ,- N The fallen much lower than the Brhifii, and will probabl/ cob- tinue much lower : ' V > ^ , . , ■ -■ At Baltimore, theaarc • ' At London, of the middle Statet, ' iSthMay, 1784. 1 8th May, 1784. Wheat — - jC>2 9 1 perqr. — jC'I »* per qr. , Peafe I 13 2 ditto. — 140 ditto. Beans — 186 ditto. — 140 ditto. Barley — 169 ditto. — 16 9 ditt©. . : Oats -^r- -■■ 'r •».■■ : - 1, , 105 ditto. — 088 ditto. ?*; Yet, falted provisions were at the fame time muck higher in Ae Baldotore mvlset, than in the Loodon, [ 90 ] The Wefl Indians however, like every other people, ought to be chiefly fapplied with ground provifions, by their own dih'gence and care. Let every ifland follow the example of the Jamaica Aflembly when it ena6led * : " That owners of plantations fliall have at all times one acre of ground well planted with provifions for every five negroes, and fo propcrtionably, under the penalty of forty fhillings, for every acre wanting." The law has long expired ; but the falutarinefs of the rule has in a good meafure continued tho practice : And Jamaica, confidering its fuperior extent and populoufnefs, of all the Weft India iflands, re- quires the fmalleft fupply of provifions from abroad. Virginia and Maryland are the States which chiefly fupply the Wefl Indies with corn: Yet, during almofl a century, after the fucceflive fettlement o^ each, their Aflemblies conftantly enforced by penalties the planting of grain -in oppr'^*«on to* tobacco f. The planters of both at i Ji dif. covered, that on the fame plantation, with the iame number of negroes, they could raife a crop of wheat, in addition to the ufuwi crop of tobacco -f. And the Weft Indians ought to adopt the principle, and • Laws 1684. t The laws of Virginia, though it had been fi-ttled in 1607, dircdicd in 1663 : That two acres of corn fliould be yearly planted for each tytbable, tending a crop ; and that the planting of one acre of wheat fhould excufe th* planting of two acres of corn : [Laws, p. 42.] And confider- ablc encouragement was giving to the building of water-mills in 1705. [Laws p. 294.] Maryland pafled fiinilar laws, i68z' ch, 1. 1705, clt. lO. * [ 9' ] and profit from the refult of this difcovery j whicl) alone confifts, in making the beft ufe of their own advantages. Without the law of Jamaica the other iflands had been driven by necefllty to adopt the pra6lice, of raifing on their own Belds much ground provifions. And this policy is fo ufeful to the matter, and agreeable to the flave, that it ought to be extended and enforced by the Wett India Legiflaiures : This rural oeconomy is ufeful to the mafter, becaufe money faved is money gained, which depends on no contingencies : It is pleafant to the flave, becaufe, while he labours his own field, and tends his own plantains, potatoes, and yams, he thinks he is free. Why then lliould the Weft Indians refift a meafure, which promi(es profit to therafelves and happinefs to the men, without: whofe labour they would be obliged themfelves to foil. Yet, the Weft Iridia merchants and planters re- prefented to the King':> Miniders in Apiii, 1783 : *' That in feveral of his Majefty's Sugar Colonies there are ftill great trads of uncultivated lands, of which, although a confiderable part would un- doubtedly under adequate encouragement be fettled with fugar works, yet theie will remain conlider- able quantities, which from foil or lituation arc unrit for the culture of fugar, though very Pt for that of indigo, coffee, cocoa and tobacco, if pro- per encouragement were given ther to.'* And rhe encouragement thus anxioufly afked by ihcni is the didribution of bounties from the taxes of Britain, N 2 which i 92 ] "^hich arc collefted from our induflrious claflbs. They ought to be told, that we with not fo much for their indigo and coffee, their cocoa and tobacco, as that they would, inftead thereof, raife food for their ilaves. let their Aflemblies encourage by bounties, or enforce by penalties, the raifing of the moft needful kind of provifions on their own iflands. Let them adopt every poffible mode of fupply rather than be dependent on rivals, or by facriBcing the a£ls of navigation, enervate the befl defence of Britain^ who lately protedled them from conquefl:. 2. Having thus fhewn, that it is pofTible to fupply the BritiQi Weft Indies with provifions without the American States ; and that it is the intereft of Britain to fupply them without thefe States ; it is now proper to advert fecondly to the commerce of lumber, which the ncceflities of the builder and cooper require. The prefent demand is great ; as we may learn from the following detail of the former fupply : There were exported from the United States to the BritiQi Well Indies in 1771 ; Pine and oak boards, planks 1 lathing, &c. — C Hoops — — . 1,958,411 numb. Staves and heading — 7^200,000 numb Pine timber — • — 200 tons Oak timber — — 95 tons 2»|27i,955 feet Exclufive - ;.,v-,r-:'.*TV- "-^'F^.r [ 93 ] Exclufive oF fmaller articles this cargo was ccr-; lainly of a bulk, which required niany fhips to carry it : And without the aid of the American States it will not be eal'y to find an adequate fupply for fo large a dernand, Canada and Nova Scotia, for fonie years before the revolt, had furnifhed the BritiQi Weft Indies wiih fome lumber of the va- rious kinds. Both thefe colonies had hoivever been deprelFed by too powerful competitors, and both continued feeble j the one from iti pau- city of people ; the other from the iuveleracy of its habits : And both wanted what is of the greatell confcquence for every community to pof- fwfs, t.iergy ar»d capital. The face of both thefe ex- tenfive countries is luxuriantly covered with timber trees, and both of them are every where inter felted by navigable rivers. In Canada the people had before the revolt ertfted great numbers of faw- nulls of a cheap and commodious conllruflio^ : In Nova Scotia, it is. hoped the fetders, by follow- ing now their example, will ere long convert their boundlefs forefls into fruitful fields. Canada has been lately confined within narrower limits, which will reft rain the accuftomcd roving of its woodf- men ; who as they encreafe in numbers will want employment j and who will theiefore dire£l their future diligence to domeflic occupations with the force, which comprtiffion always produces. The extenfive Ihorcs of the Bay of Fundy (where the pioper wood for lumber abounds with even the white oak, fo prized for its clofenefs of grain} have been ^/ M f 94 ] been at length fettled by a great body of men ; from whofe energy of chara6ler and knowledge of ^he bufinefs, fcantlings for the builder and (laves for the cooper may be expe6led in abundance, as they convert the well earned rewards of their Idyalty into produtlive farms. Nor, could the fame quantity of produ6ls be expelled indeed front the twenty-fix thoufand people, who inhabited Nova Scotia before the late war, as from the fupe« rior induftry and wealth of the fixty-fix thoufand fifhcjs and farmers, who now refide in that flou- riihing province. If the Congrefs, incited by the clamours of interefted traders, fhould prohibit the export of lumber to the Britifh Well-Indies, the proinbition would operate as a bounty to Ca- nada and Nova Scotia, by clearing the markets of overpowering competitors, and by creating a demand, which, owing chiefly to competition, they were formerly unabh to fupply. But, the planters, who choofe the American Legiflatures, are too much benefited from finding a market for (he timber, yhich lies heavy on their lands, to give us any well grounded reafon to hope, for a mea- f ire fo peculiarly advantageous to the BritiQi do- minions. If however, refentment fhould in the flruggle prove too powerful for prudence, and contrary to their genuine interefls, the United States fhould prohibit the export of lumber to the Britifh Well- Indies, it will be proper to look for adequate fup- plies from every quarter of the globe. The fearch IV ould [ 95 1 would not be difficult were the real advantage of Britain the point to be fimply confidered. 7'he naval policy of Britain requires,, that the Britifh Weft- Indies (hould be iupplied with lumber from the rivers of Germany and the (hores of the Bal- tic, even in preference to Canada and to Nova Scotia. For, it was the opinion of Sir Joiiah Child, which the experience of a cenrury hath ve^ rified ;" That there is nothing more prejudicial and in profpeft more dangerous to any mother kingdom than the encreafe of Ihipping in their plantations and provinces :" And from the re- gifterof fhipping at Lloyd's CoflFee-houfe we may learn, that the Colonics have begun to build Qiips in Nova Scotia and Canada, and that the Britifti merchants have conftrufted, fmce the revolt, vef- fels of three hundred tons at Newfoundland, and fmaller ones on the inhofpitable coafl of Labra- dore. Whether the nautical interefts of the king- dom would be promoted the moll, by the building of ihips at Poole, (fmce it is the merchants at Poole who chiefly build fhips at Newfoundland and Labradore) or at Newfoundlaiid, is a quef< tionAwhich does not merit sny anfwer : Nor, is it neceffary to enquire, whether Britain would be moft benefitted, by fetching the wood from New- foundland, or by fending thither the iron and fails. For, in this manner it isj fays Montefquieu, that Holland has its quarries and its forefts. And thus are we led to infer, that neither tlie petty profits of theWeft-Iudians, who enjoy monopolies enow, nor a con- •<^j 7 J t 96 a confiderable advantage to our remaining calcj- nifts, who may convert their trees into potafb. Ought for a moment to be confidercd when the do- meniccncreafe of fliipwrights, failors, and coopers, is the ol'jecl in contemplation. The colonics verc originally fettled to promote the navigation of EngUiid, by creating a great employment for iTiips. To allow the plantations (as they have been allowed for a century and a half 10 enter into a compt^tition with the mother country, iu fliip-building and navigation, was ablurdJy to (^i- crifice the important end to the inGonfjderable means. The fifheries of New Imgland were, in this view of the fubjc6l;, a nuifancc in the Btitifli empire ; a nuifancc great in proportion to ihcir ex- tent and continuance. The making of a6ls of Parliament to protect the New England filhers and the colonial failors from being prelfed into the public fervire, like other Britifn fiQiers and fcamen, was to augment that nuifance, inftead of abating it. "Sailors, who reiide at the diftance of three thou- fand miles, were they fubjecl to the prefs, are of little ufe to Britain, becaufc their fervices cannot: be commanded, when they are wanted moR, Fov this reafon the lailors and filliers of Nova Scotia and Canada are entitled to no favour from Britain. And dill If.fs are the American feamen, who conti- nue our rivals in peace, and will be our enemies i« war, entitled to any indulgence, when that favour is to be conferred by depriving our own failors of employment, and the nation confequently of their fsrvicc. [ 97 ] ^rvice. When the Weft Indians are urged to allovv their Haves to raife their own food for them- felves (hey conftantly plead, that the planting of fugar promotes the navigation of Britain, fiut, when they infiftj that the American citizens (hall be aU lowed to fupply them with lumber in Americanjhips, even of the fmalleft fize, they would facrifice the end to the means. And the Weft Indians little re- fledt, amid their cares for themfelves; that in pro- portion as they carry their wifbes into effecl they leflen the ufefulncfs of the Weft Indies to Britain and in the fame degree withdraw the only confi- deration which they can give for her defence of them. ^" • ^: \. -—V, • ;i:. It ought to be the conftant obje6l of Britain, then, confidering that her glory and defence arife chiefly from her Ihips and her failors, to ran- fack the earth for luniber and to fupply the Weft- Indies from her own ports. Were this meafure carried carefully into praciicc it would be found to lead to the profit of individuals as well as to the fafety of the State. The nnvigation, which was created, by tranfporting annually the furplus pro- du6ls of the Weft Indies to Britain, is doubtlefs of great importance, from its magnitude, and may- be rendered much more ufeful, by its regulation. This truth we fliall fee in the moft ftriking light, by attentively viewing the fubjoined detail of the Weft-India (hipping, which was formed from a minute infpe6lion of the entries at the Cqftoni- O liouie t 98 ] houfe * : And it contains an accurate abftrafb of the number of veflels, which appears from the regifters of (hipping to have been cleared from each rc« fpe£live ifland, during a year of unexampled ex- port, diftinguiihing the Britilh from American, built (hipping: ■ ' • rr- ~ f- . - - Iflands. Brit. (hips. Am. (hips. Brit. tons. Am. tons. Jamaica 145— Ig6 — 26,906 ■— . 15*847 Barbadoes - 47 — 13 — 6,546 — 1,172 St. Kitt's - 35 — 20 — 6,494 — 2,310 Antigua 28 — 22 — 4,073 — 2,290 3t. Vincent's 25 — 9 — 3,042 — i,IO0 Tobago 6- 3- 615 — 320 Montferrat - 10 — 9 — 1.437 — ».o45 Nevis - - 18 — — 2,851 — Grenades 51 — 49 — 7»7i7 — 5.942 Dominica 32 — 21 — • 3.933 — 2.433 Britifh - 397 - ■ - 63,614 American «• 282 - - - 32,457 Tot. in 1772, - 6y9 - - - 96,071 ■ From this detail, which is only inftrudive in proportion to its accuracy, and which to be able thus * ^ome men from the fuggeflions of fceptical minds delight in all the various fhades of uncertainty. Such men are never znorc gratified than in finding errors in the Cuflom- houfe bcoks, becaufe the eflablifhment of error has an efTential ten- dency to create univfrfal doubc* But, in thefe books there IS [ 99 ] ■ ■ t thu> to fubmit to the Public required no fmall re- fearch, we may mjike many refle6tions. From it we fee the relative importance of each of thofe iflands to our navigation and the commercial mag- nitude of the whole. Tobago indeed we have lod \ but, it was the lead we could lofe. Of the fix hundred and feventy-nine veflels, which were in this manner required to tranfport the great Weft- India cargo of 1772 to Britain, much more than one third had bean built in our Colonies, though they only contained a little more than one-half of the tonnage of thofe that had been built in Britain. To fo great an extent had we religned the mod ufeful of all our manufa6iures to our Colonifts^ ' ' *' ^ ■ ^ ' O 2 ' ' contrary is afTuredly much trnth as well as Tome falfehood : The entries of uncuftomed goods are doubdefs liable io much impofition, and are therefore obnoxious to much obje£lion, as proofs. The entries of the nunfber of fhips, which clear in any pore in any year, contain as much certainty as generally is fcund in human affairs. Every veiTel, which any where loads, and all the veflels which loaded in the Weft.India iflands, during any given >ear, mud have necefiarily cleared, and every vef- fcl is entered accordingly to the defcription given of her in her own regiller ; namely, nuh.rt Jhe nvat hu'ilt and 'wbo e.rt htr oivners. In ' this tranfaflion interell has no obje^ in propagating faifehood. And confequently when the Cudom- houfe lids bf all ve/Tels, which entered outwards in any year from the Britifh Weft- Indies, are carefully infpedted^ we gain all the certainly which, infuch details, any reafonable inquirer would wifli to have. In this manner were the Weft-India Cuftom-houfe returns infpeQed by two very competent per- fons, in order to come at the rcfalt m^nticned in I he texi* [ 100 ] coHtrai'y to the retnonftrances of the vvifefl; men of their time. We have been fufficientJy folicitoas about the manufadltwes of wool, of bats, and of iron, in the Colonies : but we have cared Jittle, during the lall century, for the more important manufaClure of fhips. This had been a melan- choly remark, were it not that we may derive con- folation from rcflefting, how much the public wifdom may convert misfortunes into benefits. We may now regain the bufinefs of fiiip building to nofmall extent, which our imprudent kindnefs had given away : Our fafety requires, that we ought to retain every advantage, which a fignal revolution has happily thrown in our way. Of thofe fix hundred and feventy-nine vcflels, which though regifteredat ninety-fix thoufand tons, carried at leafl: one hundred and twenty eight thoufand tons, it is admitted, th:it one half fail- ed to tht Weft- Indies without a freight, or that each fhip carried only half a lading. The lofs from this circumftance formerly, and the gairl to be made now, by finding full freights for our out- ward bound fliips, may be very eafily calculated. It (he average of the outward freight is allowed to be 40s. the ton, we may find by an ealy calculation, tliat the iVeights on fixty-four thoufand tons would amount to one hundred and twenty-eight thoufand pounds. To men indeed who permit their mind^ to dwell on fplcndid projeds of commerce, or who gain thoiifands frorn a job, even this annual gain to au .opulent nation will appear very inconfiderable. But ■•y ■'••'"-■: I lOI ] But it is the duty of the Legiflature of a nation who runs too much into a magnificent trade, to promote an ceconomical one. If that employ- ment of capital, which was formerly unproductive, can be rendered, by proper meafures, more fruit- ful, we may furely prelurne, that an augmentatioa of capital would neceffarily follow additional gains. Merchants, who formerly became owners of Cbips in the Well India trade with relu6lance, would now purchafe (hares with alacrity. The number of veffels would increafe with the competition of traders. And in this manner would Great Bri- tain, by fupplying the Wcfi-Indics with lumber from her own ports, regain the building of Ihips and invigorate that branch of her navigation^ which the continued competition of her Colonies for upwards of a century had bowed down and broken. But to the mod falutary meafure objedions may be eafily raifed at the call of interelt. *' If it were " poQible, fay the Weft India Committee, to con- " fine the intevcourfe between the Sugar Colonics *' and America to Britiih built (hips, is it quite fo " clear, as men imagioe, that we have (hips to *•■ carry it on, or can keep up fuch a (lock of Bii- " tifli lliipping in the iru;rchants (hips, as would "be wanted:" Confidciing this queftion as aa important one (and an important one it furely is) ihofe genilemen do not rely on general realbning, but appeal to the decifive iniercnccs of authentic hth. In purluance of tiiyir plan they have broujTh:; o ^ [ 102 ] brought before the Public the regifter of fhipfriftg, which are conflantly furveyed arid weekly tranf- mitted for the ufe of that very refpeftable body of men, the Infurers at Lloyd*s Coffee-houfc. This regifter, containing a return of the name of every fhip, its tonnage and age, the place where huilit the owner, the ufual trade wherein employ- ed, with other more minute particulars of its qua- lity, is very ufeful to them : And comprehend- ing, as it does, almoft all the Ihips, which are employed in the foreign trade of Britain, it fur- nifhes a very good comparative cflimatc of the number and nature of our (hipping, at any two given epochs, within the laft fix and twenty years, the period of its exiftence. The Committee, by ufing the regifter of 1 775, which comprehends the reports of 1772-3--4 and part of 1775, chofc the asra of the greateft extent of navigation, which had ever tranfported the furplus produfts of Eng- land. For, from the regifter of Ihipping at the Cuftom-houfe, we know, that, according to a three years average ending with J751, which was an age of commercial profperity beyond former example, there were cleared outwards only ; Tens Eng. Tons For. Tot. Tons. 6c9,798 - 51,386 - 66i,i8/j« y. t there entered out- wsrdr, according to a t'-ree years average ei.ding with 1774, - 756,187 - 65,630 - 821,81/ ■ It was at this epoch of nautical greatnefs, that llie Ccmrr.ittce thought jroper to infpedl the Re- gifter r -03 ] gidcr ^nd to publifh Siie refult. "fhc public had been Hill more obliged to them, had they ran* facked the Kegifter, fince the peace, and equally publifbed their refearches, that the world might have enjoyed the fatisfafliiqn of contrafting two fuch iignal aeras together. What the Committee thus declined to do has been a6lually done. An j the Regifter of 1783, which contains the reports of i78i-2'3 has been examined with the moli: minute care ; in order to form a comparifon be^- tiveen a peaceful period of unexampled profperity and a hoftile period of uncommon embarrafTments* And the following detail contains : A COMPA' % ^ ID OS •• * S^ CO '"*• .S 43 -pi" !3 T^ CO '^ 00 v^ o « CO fj CO V O } C/3 O ^ OD (U !> g .S OO CO -erf) a. CL, CO N a -a « c/3 a. tj «« 9J V V iX. s ^< r- ;^ TS cu w w >Nrf3 V w oo !>>. VO t^ '«^ M •• •« CO tr> o^ co-^ r>« O o> f . :i; L> *ri*. -*• :.->!' 1 '»• ■ JJ ' I'j^y; I -1 ,<5»l 5* ;>r; •M. ■it t- VO CO ci OO CO »< 1 c VO ■ , ■ . O r^ «i (U i£3 .L-1 •"" ' ■fi'i .s-^ U in O 'S 2 fl (« C S u .0- -2 PQ O --^ -r-T (U «' is « o « O-S'-l eQ<; *». ■ .... I 105 ] ■• - Such is the refult of a comparifon, which ought furelyto infpire no defpondence even into the moft fearful minds. The Weft-India Committee very well remark : " That the tonnage of both is much below the truth, being the tonnage the (hips vvrere regiftered at ; that it follows, as far as this furvey extended, the American ihipping in the foreign trade of Britain amounted to a good deal more than half as much as the Britifli/' Had they in- fpe6led the Regifter of 1783, they would have feen, what indeed was not altogether within their plan, that the Britifh ihipping had incrdafed by the exclufion of the American, during the calamities of war, no lefs than 102,701 tons. Of this cxhile- rating profpe£l let us take another view. There were afltiredly vail fleets, which, though built by Britifli fliipwrights, were not included in the fur- veys of 1781-2-3, becaufe they had not touched at any Britifh port ; becaufe they were infured by the Government, who made ufe of them as tranf> ports. From the report of the Commiffioneis of Public Accounts we know, that there were em- ployed at New-York by the Quarter-mafter Ge- neral, the Barrack-mafter, the Commiflary General, in the four years, ending with 1780, no fewer than 611 veflels, carrying 44,016 tons. Were this fleet brought to the account of 1783, it would complete the defe£live quantity of tonnage, though not the defe£live number of {hips. Many of thofe veflels, or perhaps a greater number, remained till November, 1783, to perform the melancholy fer- P vice t 106 ] vice of final evacuation. And all thofe, or many of thofe, have again entered into the merchants employments, fince that fignal epoch, arid prd- perly fill the void, which the happy exclufion of the American Ihips had left. But, what is that puny fleet to the vaft navy ♦, which was conOantly employed during the years 1781-2-3, by the Vic- tualling Office, by the Ordnance Office, by the Navy Office ? And from an infpeflion of Lloyd's Regiffer we may learn, that all thefe tranfports could not have been furveyed ; becaufe ths few tranfports, which appear to have been reported, confilled of thofe velTels, that were employed by the private contraflors for various fupphes. When all thofe, or the half of thofe, which had been employed by the public boards, are brought to account, who (hall fay that there was any de- ficicnce in 1783 ? /. It is neverthelefs afTerted, that the deficiency was not fupplied by Britifh fhips ; but by veffels foreign built, of which the Northern nations fup- plied the far greater number. If it is hereby meant to affirm, that much more has happened now, than had alvvays happened, amid former a'i. : ^'^ '^ hoftiliries. * Intelligent men have calculated the number of veffels^ wliich had been hired of the traders as tranfports in the public fervice, and have been lately difcharged, at •' up- wards of a thcufand ;" Nor, can this be deemed improbable when we coniider, that there had been cfiually employed no lever than 611 veffels at New -York alone. ■ : ' f 107 ] ' hollilities, the wltaeCs tellifies of fafis, which he knows not to be true. We have been driven by all our wars to employ foreign (hips, in exaft pro- portion to our naval embarradtnents and even to our fuccefs by land. More than one half of the commerce qf England was carried on in foreign (hipping, during King William's wars : For it was found impoflible to man the Navy without flop- ping the coaft trade, owing to the fcarcity of fea- men. We employed no great number of foreign Ihips, during the long courfe of hoftiUties, which enfued upon the accelfion of Q^ Anne, becaufe our glories by land in fome meafure protetled our fliips by fea. The Spanifli war of 1739 increafed the quantity of foreign tonni^ge cleared outwards from 26,000 tons, during the previous peace, to 87,000 tons, amid the fubfequent hoftilities. The French war of lySS', produced limilar effe^s : The foreign tonnage rgfe from 51,000 in 1750, Jo 73,00;) m 175^-7, and to 120,000 tons in 1762. Such was the progreflive force of our navigation at the rpoch of the revolt, that our fhipping continued to in- ereafe during the three years of the rVmcrican war. It was the French interpofition, which forced up the foreign tonnage, frcrj 64,000, in 1775, to 98,000, in 1778, and to 139 000 tons, in 1779' The foreign tonnage roie Hill higher, during the Dutch war. Entangled as we were, by our Colonies, preffed by the French, attacked by the Spaniards, fought by the Dutch, and bullied by the armed neutrality •» it is not lurprizing, (ha l* z our our traders fought fhelter under foreign flags. But, it has been (hewn * to the convi£lion of reafonable men, rfiat however our navigation and traffic may be deprefled by war, both conftantly fpring up on the return of peace with ftill greater force. The foregoing truth we might even collefl from Lloyd's Regifter of 1783; which (hews, that the Britiih capital, which had created and fuftained the vaft (hipping of Britain, at the epoch of the revolt, far from being Ie(rened, had a6lual]y been augmented by the war } becaufe that capital had been produdive, and merchants naturally throw their furplus (locks into the (Iream of commerce which, as it flows, walhes grains of gold from its banks. How mafiy fortunes were there in faClr made, by fupplying the government with tranf- ports, and even with armed (hips, amidft the pref- fures of war. Now, it is a produftive capital, which, with the energy of compound intereft, produces gradually ftill greater capitals. And it is this con* ftant accummulation of capital in the hands of the induftrious claflTes, which fpr a century has pro- duced, notwithftanding the wafte of fucceffive wars^ our flourifhing agriculture, our various manufac- tures, our extenfivc commerce, and our vafl navi- gation. After all this elaborate enquiry, it may be pro- perly aCked, if there could have pofTibly been three • See The Eftimate of the Comparative Strength of Britain, for (he fa^s and theinfercQc? n^eniione^ in the (ext. [ ipp ] and iwfttiy-hundred American built veflels engaged in the foreign trade of Britain, during the years 1772 — 3 — 4 — 5? There may have been indeed very ancient fhips, that had been again and again rebuilt : And Lloyd's regifter proves this to have been the f?6l: frotp the moft accurate reports, which fpeak, of. American fhips, that had been built in 1762, and even befoire it^ The following detaiU which was carefully extra £led frorp the records of American huik fliipping, will confirm Sufficiently the polices of the regifler, as -well as the foregoing inferences from it. ,, ^^ , . , c r: !« • ■' H fr '"i 1 t-' ^i Q.- -> ' ! »- "rTs* TO "'-^ V :£» 3 :y>- -l ■J' I--- f- > \ ...» _ » ■■V* ■" l-.^ ■-^w' ..c ■ c -t- All [ no I 'v"»3f-: ma 't; o riT!*?*.-'! >1 ?'iJ i' t'fhii 3j.' 1 JjtC".v ■• O 3 o^ •Si •■ I X t - o OO to oo T) "J')li '*>'■ i) Mil ■:tf( ti. VJ VI M vj O^ CD OO N) M O VO OO I I I I I I lO I-' ro M M ^ VD »^ K-> (^ VO O rt' tn O^v) oo N CD »^ oo CO OO CO CO O\00 VI o^ o^vo VI to ts) VI oo to p w O p On CJ» 6i Co N> oo to o^ oo oo t- Cn ^ ^ O to Oo ^ oo M oo en vi — en oo oovi oce^ O C^ vj 00 oo Oo CO io to 10 to oo to en -*^ *- ^ «. u> «• ** •* M O 4^ (O »- ^(^ -^ to to VI VD c7>eji vo 00 en oo o w 00 en R* o s « orq 00 ro o 2. O 2 5*!=: »^ fl> a. — a. -- r* l/> n n ►TJ CO •—3 5 b) O n n^ a) (A n 3 g ?* c &> s Oi rt '^ 5 ^ o ch 2 ^ "• o ^ 8 [ III ] From this, accurate ab(lra£l of mod, authentic records *, we fee the full extent of the colonial ftip-building, which was raptdly encreafing at the acra of the late revolt. If all the veffels, which were yearly regillered and fent to fea, fcom the colonies, bad been annually introduced into the .TK7 rJ.HlKM :i»i) /a'!! "-■■;' -; e^n.^tV-^) i.-.^l ' .. ... ^«* .;. •:; '?;'.''^^'- ^- '■[•-'; ',■'.; j-^.l'. ■.^..: • ';* WJth B truly fceptical temper, wKtth often proceeds frttt ignorance more than from captioufners, fome incn< object even to thofe authentic records, which wjSre kep^ by the A- merican Regifter of Shippir^g, as not containing the exa£l number of fhips that were built in the colonies. A fevy re- marks will Ihew with what propriety this objection is made, ift. No vefTel that had been built in the plantations, could polTibly fail from them without a regifter ; as we know from the ftatute of 7 and 8 of Wm. III. cU. az. which eAabliflie4 thc! following regulations. idly. The neceffary regifter could not be obtained for a new built (hip, till the builder, «r other owners, made oath before the Coileftor of the Port, as to the place where it had been built, with other circumo ftances ; till the fame^eremooy was performed before the Governors. •~3dly. When thefe eftential proceedings were concluded, the Colledor entered the (hip in his book ; where- of he gave a certificate to the ownerf, which, when figned by the Governor, conftituted what was called among ieamen, 7'he Ship^s Regifter. -^/^My* The Colledlor was bound to tranfmit to the oiHce of the Regltler General, a duplicate of all thofe certificates, which he regularly entered in his books. — jthly. It was froin thefe books, that the abftraft in the text was caref^Iy taken, and which muft confequently con- tain the exfift number of vtil'els, that had been regillered in the plantations, during the fpecified years, though not the precife quantity of tons, which the owners had an in:ereft ta conceal, yet may be eafily inferred, by jnaking a reafonable addition to thc given fum. t4AV V ft f 1V2 ] ^oVel^rt traa6 of Britain, ihcy co'iila Iiavc only attiblVritcd to;/?w hundred and ti^cniy. if the Ihipl- l^i^hts 6f the c6Tonies had fupplica bur traders, ^Whidi is rtoft likety, .with thejr top-iail vefTels sllbni^,' the anni^kal auc'ipcntation of Ainfejican fhipa "tilid'ctiiy ditioiintea to one hundred aria fifty-five. ^T6 thofc who delight, in tracing the minute vari- ations of coromejrc^ , it will aflFord no fmall gratifi- cation to be told, that the American citizens have lately purchafed feve^&l Briti(h bdlU vc?k\i ih tfiis ^Thames; in bfdei- io enable th'ferfi to Carry on the trade between tlie United Srates and the Britidi Weft- Indies. And thus, if we wifely adhere to our laws, (hall we, in our turn, fupply the A- mericans therttfelveS with" lhips>^- »««': '* »^J''-^*< ^^'^ ^' When the (latemcnt of Oiif (hipping was ex- hibited by the Weft India Committee, as it ap- peared in Lloyd's regiftrr, itrrnpediately before the war ; when fomething like a demonftration was given of our inability to fill up the places of tu^o ihoufand American Jfdps \ all thefe ft ruck well-mean- ing n;)inds as a Gothic ruin, which infpires melan- choly fentiments, and at the fame time forces the unwelcome recollection, that all things mu^ h}\. But, that frightful fabrick iias been now mc : nearly examined, and it is at length founri lu be o^i>e of thofe magnificent and mafiy flruflures, wbic. noblemen, whofe extent of opulence is equal to heir pvide of family, fometimes ereft on the Goth c plan ; and which cither gratifies the beholder by its novelty, or exhilerates by the ap- pearance I "3 ] pearance of uncommon wealth and great flcill, combined together. Having thus been adUred, ** ^'hat the imerican Jhipping employed in the foreign trade of Britain amounted to a good deal more than haf i/i" Briti/Ii,'* we fhall find fome advantage, perhaps a little amufemert, in running up fuccindlly to the ori- ginal c.^af-i >f he, lamented cfFeih. The year 1638 i?tiiL epoch Oi the arrival of the firft Nevv-£ngland i^uilt liiio in the Thames ; as we may know from ;;ie books of Privy Council. Amid the diflradions' of the fubfcquent civil wars, the New-Englanders became the carriers of the Well- India pioJudls to England; as appears by the news-papeis of thole times, which are preferved in the Mufeum. The A61: of Navigation confirmed their right to do fo, by declaring American built Ihips to be complefcly Englilh. Sir Johah ( bild foon after th.u declara- tion, warned the nation of the dangerous ten- dency of allowing colonies to build lliips for their mother country. Dr. D'Avenant remondrated prophetically in 1698 : " If we (hould go to cul- *' tivate among the American pl.mtaiions, the :iit " of navigation, and teach them to have a naval '* force, they may fet up for thcmfclvcs, and " make the greateft part of our Well India trade " precarious •, befidcs many other evils, in en- " couraging them to do lo, it would carry from " hence a great nuinhei of artificers, which in " cafe of a war would be wanting in Enijland.'* Of D'Avenanl's prophec)-, we have lived, alas! to , \i Tee t "4 ] ^cc the fulfilment. But, writers wrote then, aa writers write now, without much eflFc6b on public councils. . During the wars of Anne, the Parliament en- couraged the Colonics to execute thofe very nauti- cal projects, which thefe two able ftatefmen had Ihevvn to be abfurdly dangerous. The (hipwrights of the River came up to Whitehall, in 1725, with a complaint, that their bufmefs declined and their workmen emigrated, becaufe the plantations fur- nilhed England with fhips. Their petition was referred to the crown lawyers : But, the lawyers anfwered, they might as well complain of fhip* building at Briftol ; for the American built (hips were Englifh. The anfwer of the lawyers was fent to the Board of Trade for their advice : And they advifed, *' To lay a duty of five (hillings a ton on all American built vcfTels, which (hould be employed in the foreign trade of Britain. The IVIiniflers did nothing in the end. And the (hip' "Wrights remained quiet, though they found their complaints to be unavailing, becaufe fixftion did not mingle in their grievances. Thofe who look below ihe furface of public affairs, as they run down the current of time, will not be furprized, when they are told ; That neither the lawyers, the Board of Trade, the Minifters, nor the carpenters, knew the true ground of the grievance, which confirted in this : The plantation built (hips were admitted into the ports of Britain, with all the dxenfiptious of Britiih ; but, th^ Britilh built (hips, when i "5 ] when they.arrived in the Colonies, were liable to tonxjage duties, and to other taxes from which their own veff«ls were altogether exempted. And thus the Colony carpenters enjoyed a double monopoly, againfl the Britifti fhipwrights. The Colony carpenters entered into free competition with the Britiih (hipwtights in all the dominions of the Crown and even beyond them ; while the iiriti(h fhipwrights could enter into no competition with the Colony carpenters, in their own portSi And we have feen the melancholy efFefts, which had flowed from the fountain of thofe caufes, be- fore the epoch of the late civil war# The independence of the American States has happily freed the empire from the evil, for which the Minifters of George the Firft could find no remedy, however much it diftrefled one of the moft important of our induftrious claffes. Yet, is it propofed to introduce this embarraffing evil anew. And it is preffed on the public, upon pretexts as untrue in fa6l, as they are unphilofophical in principle : 1 hat we have not capital enough -, that we have not fufficient materials ; that to exhauft. the timber of the kingdom, which is proper for large (hips, would at leafl; be impolitic ; and that to build veflcls with imported timber, will never anfwer. Yet, it is at the fame time admitted, that the demand for a new flock of ftiips will be gra- dual, as the American veffels, and the late tran- fports wear out. It is an uncontrovertible anfwer to all the fore- going objc^ions, that the inconvenience is gradu- Q 2 all/ C ii6 1 . %i^ 'V ^ .< . ally to approach, which will furnifh opportunities enow to provide fudicient relief. We fhall want capital in'Jeed, if we allow the merchants of Lon- don and Briftol, of Liverpool and Glafgow, to do now, what they formerly did, to fend agents and money to our remaining colonies, or to the Ame- rican States, to build (hips for our foreign trade. The laws, as they now operate, (provided no alteration is made) will force our traders to employ that capital, which formerly enriched the induf- trious claffes in the prefcnt United States, to give employment and food to the real Britifli fubje6ls, who refide on the Creeks of Wales and Rivers of Scotland. At the obfcure ports of Wales fa coun- try which abounds with excellent timber for Qiip- building) many fliips have been built, during the war, as we may learn from Lloyd's Regifler itfclf. And fince the peace, fliip timber has been found in commodious parts of Scotland, where trees were fuppofifd never to have grown. By thus ex- cluding American competitors, we fliall augment the race of fliipwrights, and the public as well as private inlerells will be promoted^ by introducing gradually from Scotland and Wales, competitors even into the Thames, by means of their cheaper fabricks. It was owing to a fimilar competition among the Dutch, that they were enabled to build fuch a multitude of (Iiips, by appropriating the fitiiber of woodier countries •, and were thereby induced to carry the produ6is of the earth at lower freights, than any people in Europe. The fore. going confiderations, with regard to this intcrelling part r 117 1 part of our domeftic ceconomy, will influence 'it is hoped) the wife government of an ifland, which depends fo entirely on fhipping, to take off the taxes, which are payable on the import of naval flores of every kind, lince they ought furely to be deemed the raw materials of the moifl important of mirmanufaHures*, But • It may be agreeable to men of bufincfs, as well as to men of rpeculation, to be infirmed of the fre/ent rates of Ihip- building, in the Southern harbours of England j as they were communicated by an intelligent perfon, who made a tour with a view to difcover the fliip-yard, the cheapeft and beft. In the River and British Channei. : At Gravefend, Bioad Stairs, Dover, and Folkftone, . £,% o o per ton. At Hurftake, Cowes, .Southampton, Weymouth, Tingmouth, Bridport, Toplham, Shorham, Dartmouth and Cawfand, — - ^.7 o o to 7 10 o In the Bristol Channel, (Englifti fide.) At Biddeford and Barnlbble, ■ 610 o In the Bristol Channel, (Wales) At Newenham, Gatecomb, Chepftow, Newport, Hyth, and Swanfey, 6 10 o to 7 10 o For thefe prices the workmen engage to compleat the hull with joiner's work, carved work, and the work of paintos, glaziers, &c. without any ey^:ra charge. All thofe (hip-yards (and indeed all the fiiip-yards <>f the kingdom) have been full of employment, fiiice the peace. It is this fulnefs which erefts many other fliip-yards. And it is the ellablilhment of /y^-w fliip-yards, which, by means of competition, reduces the price of manufadure to the loweft polKble point. We are told, *« That the flilp-luildersi of Ncw-I'Dgland will con- irart [ 1.8 ] But, let us return to the propofed meafure of fupplying the BritiQi Weft Indies with lumber, whence we have wandered wide, in anfwer to ob- jedions of no Httle weight. For, it had been vain to propofe the furnilhing of our Weft Indies with lumber from our own ports, if we have not a fufhciency of Chipping. The requifite lumber may- be divided into twko kinds; that which is demanded hy the builder •, and that which is required by the cooper; and it is intended to difcufs briefly each of them in its order. It is well known that the larger pieces, which are required for the conftruc- tion of mills and for hmilar purpofes, arc found on the Weft India iflands, where timber, clofe of grain and difficult of manufa6lure, grows in great abundance : It is confequently the lighter fcantlings and boards, which the planters import from afar, And they may find merchants enow in London, who will contraft to fupply them from the Baltic on the following terms : One ta£t to build fliips nt {.j fieri, per ton, including the joiner's work." If an American built fhip will laft y^i/iw years, and a Biitilh built (hip fivetity-one ; why then the Bri. t Til fliip-building will prove cheapell at hill. On iuch occa- Co\)s it not v\orth wiiile to ciifpiite about farthings. Evea titer the American built fl.ips had arrived in the Thames they ufed to require expensive additional joiners work, &c. on the hull. r ''9 1 One ton, or 40 cubic feet, of fir timber lA^ill be delivered in the Tiiames, dur- ing peoce, at --■ £,\ 8 10 The fawing of one ton by hand, fup- pofing four cuts to be made, which will produce nine fcantlings, will coft 040 The freight of one ton to the Well Indies, confidering how many ladings are wanted, may be deemed high at 018 o Charge of loading and unloading £.1 10 10 - 026 But, deduft the duty on import, on the fuppofition that it is drawn back o 3 4 I'he cofl; of delivering one ton in the Weft Indies — — £.^ 10 o Deals i 2 feet long 1 and half inch thick, and 120 ia number will be equally delivered in ihe Thames, at — £.'j 10 o Charge of loading and unloading 030 Freight of .; 20 to the Weft Indies — 200 £•9 13 But, dedu6l the cuftom-houfe duty, which is the fame on i 20 deals of 3 inches thick, and 20 iect long — 113 Coft of 1 20 deals in the Weft Indies 8 o Something [ '20 ] ^ Something doubtlefs would be faved were the fliips permitted to fail diredlly from the place of loading to the Weft-Indies : But, the giving of that indulgence would open a very large door. If a regard to our domeflic quiet would permit us to ere6l faw mills; to be worked either by wind, or water, or fteam, the Weft-Indians might be fupplied on ftill cheaper terms : And were we in fuperaddition to that great facility to allow all du- ties on import to be regularly drawn back, which is altogether conliftent with our mo^ srn policy, we might furnifli the markets of Spain and Por- tugal with thofe bulky articles, which are fcnt them at prefent, by the Dutch, who fetch them from Norway and the Baltic. During the reign of Anne, we fiift gave bounties to our Colonifts, for fupplying us with naval ftores and wood, that we might not be dependent on Denmark and Sweden: The time is now come, when the Americans may force uj by their ingratitude, to give bounties to Denmark nnd Sweden, that we may be indepen- dent oi tlie United States. Such are the revolu- tions of tiie world : It is the bufinefs of wife men to mnke the mon. of them, as the world rolls on ; And fuch is the confequence of conftantly running into extremes : We favoured and encouraged our colony commerce; and we debilitated other branches ofbufmcfs, by withdrawing capital, and invefling it in our plantation trade; till the extent of our colonv commerce, becariie a deplorable evil. We all remember how much our manuladurcrs ufed to c 121 ] to be frightened by the non-importation agree- ments of late times ; which were indeed infligated by our own party-men : But, let us fhew the United States, by the firmnefs of our conduft, that we can fupply the Weft- Indies, independent of them ; that we iliall confider every tax laid by the American Afifemblies on the importation of Britifli manufadures, as a delirable meafure, for Icffening the evil of extravagant exports, and un- bounded credits; the continuance of which we may find caufe to lament. We ought to learn from the Ncw-Englanders, and even from the French, how to form tliofe mifcellaneous cargoes, whicir are fo commodious to the vVeft-India buyer as well as to the i3riti(li feller. We might ballall our Welt- India fliips with flate and tiles for the covcilngs of houfes. The lower hold might be filled with beef and otiier falted provifions. The flour, meal, peafe^ beans, and oats, ought all to be packed in puncheons, ready prepared for the filling of rum : The tighinels of fuch packages would long preferve thtfe perahable articles in a fultry climate, by excluding the cauies of corruption. Rum puncheons, that fhould be thus fent as packages, without the payment of freight, might be afFoided at 25s. each ; which is as cheap as could reafonably be wiQicd for. A thouland other arficles mi^ht in the fame fruijal manner be lent to the Wcll-fndies, for lupplying their wants. U'hey furniQi themrLlves timber which is eafily converted into hoglheads tor fui^ar : Where this R refource t 122 1 refource failed they might make very good pack* ages for fugar from deals of Norway. Let no man deride this Dutch oeconomy. It is furely the duty of the Legiflature to check magnificent pro- je6ls of commerce and unfrugal operations in Ihipping ; when that falutary meafure may be tafily executed, by remaining inadive and filent, notwithllanding the efforts of vifionary theorills, or the clamours of interefted colonifts. And it ought to be conftantly remembered, that the fru- gahty of the French, from the peer to the peafant, will ultimately degrade the greatnefs of Britain ; if the mod rigid CEConomy is not obferved in our modes of life, the working of our manufadlures, the tranfa6lions of our commerce, the regulation of our Colonies, as well as in the adminiftration of our Government. While a fpiri*; of moderation prevails in a trading nation, fays the profound ^iv James Steuart, it may reft alFurcd that in as far a£ it excclls the communitief, with whom it correfponds in this particular, fo far will it incrcafe the proportion of its wealth, power and fuperiority over them. To gain thefe great objefts in modern times, a prudent legiflator mull iiifpire his people with a fpirit of emulation, in the exercife of temperance, ceconomy and an application to labour and inge- nuity. It was with a view to thefe falutary ob- jetis, that it has been anxioufly urged to extend the manufafture of fhipbuilding in Britain; and that it was lately propofed to enlarge the bufincfs of peace forefjf [ 123 3 of coopers, by furniftiing the Weft-Indians with ready made cafks. For, it was recollefted, that the fitting of our fleets had been retarded, by the combination of carpenters, at the commencement of the late war ; and that both public and private bodies had been obftrufted, by fimilar agreements among the coopers; at a time too v/hen the journey- men coopers on the Thames, were receiving for their labour fifteen fhillings a day, without having raiment for themfelves, or (heltcr for their wives. When a body of troops were fent from the Clyde, in 1776, Scotland could not furnifh coopers enow to anfwer the fpeedy demand for packages, though ilaves abounded : And the intelligent and active men, who were entrufted with the viftuaUing of that body of troops, were obliged to collefl coopers from the moft diftant parts of England. An armament therefore may be delayed, or even de. feated, amid the prefTures of war, by the paucity, or combination of coopers, which maybe produced equally by the incitement of our faflions, or by the money of our foes. But, combinations can only be prevented by augmenting the numbers of the defeftive clafTes : The augmentation of num- bers, can alone be gained by additional employ- ments : And thus combinations among tradefmen may be prevented, or beat dov»n, by raifing up many competitors among the extravagant work- men, whofe fervices are mofl wanted, both in peace and war. It is furely wifer to guard by forefight againfl public difappointments, than to R 2 folace [ 124 ] fblace our rhisfortnnes by the downfall of a Mi- niftcr, who may have been merely unable, from the paucity or combination of coopers carpenters and f.iilors, to execute a meafure without the reach of poflibility. ' But in oppofitjon to the propofed meafure of fupplying the Weft-Indians with lumber, from the ports of Britain, which has been fliewn to be only a recurrence to the firft principle of coloniza- tion, we fliall be confidently told : '* That then the fugar would not be worth to thr. grower, the cxpence of raifing it." Let us firft admit the fa6t to be true ; and fecondly enquire, what would be the difad vantage to Great-Britain. Is it the intereft of Britain that Britifti fubjefts Ihould poftefs eftates, of the boafled value of fifty millions, which, while fituated in another hemiff.here, are more profitable to the owners than eftates within the kingdom ? Is it the intereft of any country, that the attention of its people Ihould be con* ftantly fixed upon a richer world ? From fad ex- perience Spain will anfwer ; it is not. Or, is it not the peculiar intereft of Britain, under her prc- fent circumftances, to turn the whole energy of her opulent and induftrious clafles upon herfelf, with a view to dorneftic occupations, and national improvements ; moft certainly it is. But, it is fur- ther urged, that by having beyond an extenfivc ocean, fcttlemrnts which muft occupy our people in the fupplying them, and which require many Ihips to bring their produ£ls away, the tranfadantic plantations [ 125 ] planlatlons become thus more advantageous to thi State, than if they were placed in the circumjacent feas. Be it fo. Yet, if the fupply and the freights are relinquifhed by Britain, what will remain as compenfations for the irreparable diminution of Jier laborious people, and the vaft expence of de- fending diftant dominions, which are imi'otent in themfelves, and yield no revenue or refource ? ir an accidental fcarcity Ihould induce the Well- Indians to apply lo the neutral iflands, in their neighbourhood, for what they may want ; if ava- rice fhould induce them to continue a pra6lice, which accident began ; Great-Britain would b€ thereby driven to the unhappy dilemma of either depriving the Weft- Indies of veffels prop'Sr for fuch a traffic ; or of declaring them independent. If the Weft-Tndians expetl proteflion from Great- Britain, they muft Rudy to be ufeful to her. 3. But, while the ufefulnefs of the Britilh V-Ml- Indies continues, they thercliy merit (and thereby alone merit) every aid, and every facility which Great-Britain can pive, conHflent with her naval policy and domellic intcreils. The American Stales furnilhed formerly an cxtenfive market for the peculiar produdts of the Briiilh Weft-Indies, as the Weft-Indies ofFned conftnnt markets for much of the produ^uons of the i'imerican States ; who without the Weft-Indies would net eafily find places of fale for all the furplufes of an extenfive agriculture. Thus v»ere they mutually advan- tageous to caoh other, though it might be eafily proved, [ '26 ] proved, that the balance of benefits flood on tfre fide of the revolted Colonies : And thus may wc fee, that it would be inconvenient to both to lofe the gainful cudom of each other ; though the greatefl gain may be bought at too high a price. Rum was the article of chief demand of the one, and (upply of the other : And ruin is the bewitch- ing commodity, for which if the United States, by chan *» ^ CO o q ^ . •"Too" d^ n oo" o U (/) VC - «4 o — rfi vo r4 ON «^ •^ (-1 TJ f' CO O oc o oo ^ to vC. tD - rr> f>. — « bit •a t5 C) CJ to o c o — « •n _tO to o Ml ej) t^ vo ■'h '^ ■U» c - -. - CO ^H ei N o W •- oo a> CO ^m to •JO •* •> 9, i-U 5 ^ J "; t K CO t^ «s CO o ro tr On Th CTi O ej '■n vo O r1 3 C t^ i-o -"-h VO 20 cr» t^ o «% w\ «t t£! ^ U O) N4 1-^ n rt > ei •t 00 u^ t> o tjo e» O "^ t>. IM f sO u c Q vo vo — to >m o tr Cd vc tn CT\ CO •• IC ►H n « ^ »> •. f\ «% i_ S . CO Tt<»3 ■+• Vf> O t^ u • o (/a «>- -2 CO CO to CO > c< to CO __ <1 'O -n o O O CO CO ^ H. -a P3 - t^ tr « ^ r^ oo 4- r r* UO ?o oo at^ rh -t N VO oo ■U ^ ro ^ tj) o -^ o o Tfi OO a> c O CO « (O r^* -<*• fM vo cTs po cr» «5 t-^ ■^ > #%»«.« •> r> •• !>. to r>J w O o i;' a -«*• cy» a> ^ (^•^^ o M >j 9\. rJ rf" '^ o M CD i'O CO O to d -" >. o C^ C^ q^ t^ CO ft •^ #« • t ct: to o a> i-» M o v ^ oo -H to low « I I ^ lf§ I cy T3 r-^r I 1 ^Ic^l^l f5 r< fS O rj O (U H ^ ctj < [ '28 j Such is the view which the Cuftorn-houfe en- tries exhibit of the vaft corumerce of Rum ; yet, were there doubtleli confiderable quantities, both imported and fent out, of which there were no regular reports. The provmcial duty in Canada gave rife there, as taxes have done in more vigilant governments, to the frauds of fmnggling, to no fmall extent. It is known that the New-Englanders fupplied the filheries of Newfoundland with many hogiheads of that exhilerating fpirit, which were not entered at the cuQcm-houfe. And it is equally certain, that the New-Englanders ufed to fmuggle the rum of their own diftillcries, in abundance, togethcT with fmall quintities of Weft India, into the Orkney and Shetland Iflands, and even upon the Ihores of Wales. It is furcly no inconhderable advaDtage, which the wifdom of our councils may draw from the independence of the United States, that the Britifli Weft Indies will now enjoy the fole fupply of the vail confumption of Nova Scotia, Canada and Newfoundland ; which with the ausr- mentation of the people and their power to con- fume muft grow daily greater : And, in fa61:, the iunplit's of the United States were no fooner flop- ped than rum was fent in exuberance to all thofe letilements from the Weft Indies and even from Britain. The Weft, Indies, or perhaps the Britifli dinillcrics, will now profit from furniihing our African fadorics with no inconfidcrable cuantity of a liauor, which the Africans, with the rape of every uncivilized people, prize beyond gold itfclf; and [ 129 ] alid which was chiefly fupplied before the revolfc from the New England ftills. But a market for many gallons mufl: neverthe* lefs be found, if the anger of the United States fhould prove too powerful for their delires of gra- tification. The confumption of Weft-India pro- du6ls by the Iri(h has rapidly encreafed with the accumulation of their number and wealth : And this truth we may infer from the fubjoined de- tail *. The annual confumption^ according to a feven years average, ending Rum. Gal. vith 1763, was 543>8i7 ^n^ i»558»o67 1777 1,729,662 The Sugar Cwt. — o — 158,846 ^ 196,500 From this detail we may reafonably expe6t, that Ireland, having now gained a free trade with the world and a direft trade with the Weft-Indies, muft confume greater quantities of both thefe ar- ticles, in proportion as ftie happily enjoys greater blelTrngs. Among the numerous improvements, in finance and in commerce, which Britain is prepar- ing to make, under the influence of a mind of great extent and energy, we may prefume, that the traffic of rum will be extended, either by lower- ing the duties, or by changing the mode of col- ledlion, or above all, by fuppreffing the frauds of S the • From the Appendix of M. A. Young's Tour in Ireland. [ IjO ] the fmuggler. Every grievance of which the Well:- Indies have lately complained has arifen not from ^6lual fufferings, but from mere fpeculation about future ones. The demand for all their produ6ls has been great, fince the peace, and the price has continued high in proportion. The Weft- Indians have not fo much to fear from the threats of the United States : For, though their Congrefs may poffibly refolve, yet their citizens will continue even afterwards to fmuggle, as they formerly did : They fmuggled Britifli manufaftures, from Hol- land and New- York, contrary to the fevereft pro- hibition, during a rancorous war : They now fmugg e their flour into the Havannah, in the face of imprifonment and death. For the fugar, nio- lafles, and other Weft India produds, it will not be difficult to find adequate markets, .by means of the vaft circle of the Britifli trade with the world. And thus much with regard to the manner in which the Weft-Indies have been hitherto affefted, or are likely to be afFefted, by the recent regula>- tions of the Privy Council *. The inconveniencies, which neceflarily srife from fuddcn changes in the political ceconomy of iuch 3 nation as Britain, whofe affairs become daily more complex, from the clafli of different in- terefts, ought to be regarded with anxiety and prevented • The Cudom-hoafe books evince, that there hai been a vaft export of Rum from the Britifh Wcfl-Indits, during the year 1784, 10 the American Stales, and an unexampled quan- tity to our r^mainini^ Colonics. [ 13' 1 prevented with care. With what dread was the threatened annihilation of our American trade by the Cong re fs, in 1774, viewed by the boldell of our Statefmen, who thought they faw the whole manufacTiurers of England already arrived at White- hall. Yet, never did an event, which threatened fuch devaftations in its courfe, pafs away with fo litde mifchief and fo much fdence, becaufc its ef- feds were unfelt. And in proportion as it added to our (lock of experience, it conferred many bmie- hts on the nation, which that memorable meilure was intended to convulfe. But, though we have thus acquired an indubitable privilege to be confident, we can have no reafon to relinquifli our prudence and our caution. It is impoffible to forefee all the commercial difficulties, which may Hill arife, though none have been hitherto felt, from the indepen- dence of the United States. And it is I'urcly wife, though experience hath taught us to think little of American threats, to enquire what conlcquences, either good or evil, would refult to the general commerce and navigation of Britain, from the ad- miffion of American Ihips into the Bri.ilh \yell' Indies. Great-Britain from a regard to her lafet/ has long excluded the fhips of aliens f?on) c.i yu ^'; on her trade from port to port, on her loojcs, and from Britain to Guern fey, and to th-. oiitr i.cum- jacent iflands. The c<'afl:-trade, nt xc lo our in- ternal irafTic, inciits the gieatcfl: ciicouragrment, becaufe the failors employed in it arc n^.oft withm S 2 call, [ 132 ]! cally by their returning moft frequently into do- meftic harbours. And owing to the exdufion of foreigners, the (hips, which were employed before in the coajl trade, were to the Chips engaged in the foreign commerce of England, as 220,000 tons are to 335»ooo» exclufive of repeated voyages. If the (hores of the Britifti Weft-Indies may be regarded as the coafts of the empire, though not of the realm, their navigation ought to be confidered as within the meaning, if not within the letter of the law. And the admiffion of the American veflels, cither great or fmall, into the Weft India ports would amount, in e(fe6i, to the impoUcy of allow- ing the Dutch to carry coals from Newcaftleto London. The regulation of the Statute of Charles II *. whereby alien fliips were excluded from the trade of our coafts, arofe from three eftential principles ; ift. It preferved the profit of freights to the na- tion individually ; 2dly. By forming a nurfery of feamen it contributed to the fafety of the people colleftively ; — ^dly. By preventing aliens from knowing accurately our harbours and our bays with the (hoals and the rocks, which obftruft the approach of anunfkilful enemy, this ciicumftance alone contributes to augment the thoufand advan- tages, which refult in war, from the ignorance of the foe. Of all thefe in their order, as they each apply * 12 Cha. II. Chap. 18. Sec. 6. But, this falutary re- gulation was firil edablifhed by 5 £Iiz« Chup. 5. ^ec. 8. [ '33 1 apply to the admifTion of the American velTels into the Biitifh Welt Indies. ift. The profit of freights is of greater im- portance to Britain than the mines of Potofi are to Spain, becaufe the one ftrengthens, while the others enfeeble the unhappy nafion to which they belong. Whence may we infer of how much ad- vantage it is to prefervc and extend the navigation of the Weft-Indies, which, from the bulkinefs of their produfls, that we bring home, and their fup* plies that we end out, employ many fliips. There were engaged in the traffic between the United States and the Britith Weft-Indies, immediately preceding the revolt, no fewer than 1610 veflTels (including rtpeatcd entries) which bore 115,634. tons: which v/ere navigated by 9718 men; and which tranfported the vaft; American cargo of the value of half a million: And this intercourfe the Weft India Committee afiure us, " was carried on almoft wholly in American bottoms." Ingenious men have calculated the value of thefe freights in various ways : Say they, lumber, bei 5 of little worth, in proportion to its bulk, and oc- cupying two thirds of the tonnage outwards, was carried at the high rate of a hundred per cent, on the original coft, while the freight of provifions, cumberiome as they are, amounted to nearly as much. The Weft-India Committee confirm this calculation, by remarking, *' that the American vef- fels brought their bulky commodities to our con- fumplion at perhaps the cheapeft rate poffible, but [ '34 ] but flill ike expence of its tranfportation exceeded ils criginal value."* Yet, it is propofed, as a mode of calculation, more accurate and fpecific, to allow 45 per cent, on the value of the outward cargo of £, 500,00), including the accudomed charges of wages, intereft, tear, and wear, and proviflons, and li' n the frri -ht would amount to ^\ 225^000 * to charge five per cent, on the value of the inward cargo to the United States, amounting to ^^.400,000, and the freight inwards would be £. 20,000 ; And the whole profits on the outward and inv/ard freights mud neceffarily be £^.245,000. The fame ingenious men moreover infift from aClual trial, that were the freights calculated upon the tonnage in the accuftomed mode, the dedutlion would give nearly the fame fum. If the value of thefe freights fhould amount to nearly £. 245,000, it cannot furely admit of a quellion, whether fo brge an yearly profit ought to be relinquilhed to aliens, or prcfcrved (o fubje6ls : In the one cafe it would augment the wealth of our aflive rivals : in the other it would fwell the flocks of our own mer- chants. If contrary to our genuine interefts we fhould however allow the American citizens ihe freights amounting thus to j^. 2 45,000 a year, they would carry off that confideiable fum in bullion, fmce the balance on the general payments is much in their favour : If, on the other hand, the freights fhould be paid to Britifli fhip owners tliey would naturally invert the amount in trade, by purchafing the [ 135 ] the produCls of the country. Were the American vcflfels admitted, the American citizens would not only carry ofF the freights in bullion, but, they would gain the profit on the cargo: By excluding our rivals, Britilh fubjedts, who fullain the Britifti Government, will naturally gain both, with the fadorage and other profits. If the good fenfe of the nation Ihould decide, (and it generally decides right at lall) that Britifli veffels Qiall alone carry on that extenfive trade, it mud confequently follow, that a proportional quantity of (hipping muft al- ways be found. The amount of that fupply we may determine from the fubjoined " Account of the number of vefiels, their tonnage and men, which were employed in trading between the re- volted Colonies, and the Briiiili Weft-Indies, ac- cording to a three years average, ending with 1773, and rating each veffel but once every year :'* Ships. Tons. Men. Employed in the trade, be- tween the American States and the Britifti Weft-In- dies — 533 38,544 3539 To which may be properly added one half fo/ o':her American-owned veffels, which were employed in the Honduras, and other branches of Weft-India trade — 266 19,272 i66(> 799 57>8i6 5008 t '36 J Great as this number of (hips is it has beer* iliewn, that Britain can furnifh them j and that Britain ought, in good pohcy, to build them. Of the fagacious crconomy of Holland, which imports the materials of (hip building, it is faid, that were the innumerable buIIesS, which are annually em- ployed in fidiing, to return without any fucccfs, the community would be greatly benefitted, by the gains that had accrued to the numerous clafTeS, who had been concerned in the original outfit. But, certain it is, that were the freights of the before- raentioned vefTels to yield no gain to the traders, the landowners of Britain would derive no lefs advantage from the fale of their timber than from the Con- fumption of the various workmen, who mull: be neceflarily engaged in the fitting of fliips : While ihe land owners are thus benefitted, by furniftiing materials and food, the manufacturers of cloth will derive as great profit from fupplying the fame ■workmen with r?'ment. It was owing to thefe confiderations, that Sir Jofiah Child remarked up- wards of a century ago : " Where much fhipping is employed, whatever becomes of the merchant, who drives the trade, multitudes of people will be certain gainers ; as his Majefty and his offi- cers of cuftom, befides, fhipwrights, butchers, *' brewers, bakers, rope-makers, porters, feamen, *' inaiiufaOurers, carmen, lightermen, and all ** other artificers, who depend on trade and Ihip- ** ping ; zuhich indefd, more or lefs, ihe uhoJe king- *♦ dom doth" Of (I «( t( [ 137 ] Of the feven hundred Ihips, (to write in round numbers) which were requifite to tranfport the Weft India produ£ls to Britain, we have feen one half of them faihng thither without a freight. It is now apparent, that the late regulations have given the fame ftips two chance* for freights, where they had not formerly one : ifl. The ex- clufion of the American (hips will furnilh them with direQ loadings of lumber and provifions for the BritiQi Weft Indiec; 2dly, The owners may- cany a cargo of dry goods (as the finer manufac- tures are called) for the ports of the United States ; and may tranfport thence a loading of lumber and provifions : This operation would form a circuitous voyage, which of all others, are the moft profit- able, becaufe fomething is gained by every loading. It is apparent how much the export of our manu- fa6lures would be thus promoted, by carrying them at the fmalleft poffible freight : Britifh veflels have adurlly entered into competition with the American, fincc the peace, in this bufinefs, and even carried away the cargoes from them, by under-bidding them on 'Change. 3dly, If the Congrefs (hould prohibit, or obftruft, this cir- cuitous tranfportalion, Britifh ihips would not- withftanding have one option more, while the American (hips are excluded from the Weft India ports : they might call at Corke for faked pro- vifions ; they might touch on the Barbary coaft for mules and ilicep j they might vifit the Cape de T Verd's [ '38 ] Veid's for corn and cattle: And they might in fuperaddition carry a cargo to Gibraltar, or the Straights, to Portugal, or the Canaries. All this is pofCble; and all this by proper management might be made extremely gainful, were the tninuterefs of our diligence equal to the great ex- tent of our capitals. In this manner would the community be benefitted by the profits of freights, with the attendant factorage; which, by adding gr.. dually accumulation to accumulation, imper- ceptibly fwells the commercial (locks of the kingdom. But, to ti',:,re laliUary meafures it has been ftout- ly objefled by the Weft India Committee, that the veflels ufually employed in that traffic are too large and come too feldom ; fo that their operations would produce either an overftock, by the quantity which they commonly bring, or a famine, by the delay of their arrival: And to avoid thefe difficul- ties, great in appearance, though none in reality, it is propofed to admit the American veffels of the fmaller fize, carrying fifty tons and under. But, if the frequent return of little (hips are as effential to the domcftic fupply of the Britifh Weft Indies* a$ pedlars are to Pc^and, they ought to look for fubftitutes if they cannot get the principals. And he who diligently enquires feldom mifles his ge- nuine obje6l. The Eermudeans are the Dutch of the American world, who fetch from the North what the South may require, and who carry the luxuries [ '39 ] luxuries of the South to gratify the palates of the North. They were engaged in this gainful buG- nefs by their fituation, placed as they happily are in the ct^nter, between the American Continent and the American Iflands; and they were driven to it by their neceflTities, fettled as they are on a barren rock, which diligence alone can fru£lify. At the commencement of the late civil war, the Bermudeans annually employed in the Weft India trade upwards of one hundred quick failing floops, which carried about four thoufand tons * : And of thefe admirable veflels they were accuftom- ed to build every year from forty-five to fifty of the cedars, which fpring up luxuriantly amid a walte of rocks. In thefe veffels the Bermudeans ufed foi merly to fend the Weft-Indies, Britifh and foreign, the following commodities, wherever tbey may have found them -f. Provisions, Of Indian corn — Yams — — Peafe and beans Rice — Onions -— Poultry — 3,600 bufliels. 16,880 lbs. — 600 bufhels, — 15,720 barrels. ^ 151,000 ropes. — 741 dozen. T2 Lumber. • InTpcftor General's Books, f Infpcftor General's Books, [ HO ] LUMBEX. Of oak boards and plank 3.300 feet. Pine ditto — 152,653 do. Clapboards — 3*^7^ "o. Hoops — — 2.300 no. Shingles — - 229 000 no. Staves — — 28.900 no. The Bermudcans, fince the peace, have engaged once more in this beneficial bufinefs, with the at- tention and diligence of traders, who are obliged, to follow an ceconomical commerce : And the Bermudeans have already gained, in exa6t pro- portion to the greatncfs of their efforts. Let not the Weft Indians, while wallowing in wealth, deride the fervices and aid of thofe little men, who being fubje61.s, at leaft as quiet and ftill more a6live, merit equal prote6lion. Bermudas derives an inj^ ortance from its fitua- tion, which has not been hitherto underflood; and it now demands an attention to its fecurity, in war, that before the Colonial revolt it did not re- quire. sdly. From the foregoing detail it is fufficiently evident what a fruitful nurfery for ftiip-wrights, and mariners, and coopers, the enjoyment of many freights will always furnifli the public. And nothing can be added, to what Sir Jofiah Child has fo {enHbly faid : " This Kingdom being an *' ifland, It is our inteieft, as well for our pre- *' fcrvation, [ HI J *' fcrvation, as our profit, not only to have manjr " feamcn, but to have Ibnn^ as much as may be with" ** in call, in a time of (la)\trer.** 3clly. The free admilhon of the American na- vigators into the Weft-Indin ports, by giving them accurate knowledge, uould bring v/ith it no flight danger to the community, or fmall infonvenience to our commerce. We all remember what advar\- tages it gave the Americans in fupporting their revolt, that they were perfectly acquainted with our European and Weft-Indian coafts ; that they fpoke the fame language ; and that their perfons and drefs were nearly alike. 1 o allow them to retain that knowledge, while it is dangerous to us, can never be right. During peace they would in- veigle the Britifh Seamen into the American fer- vice. During war they would furnifli our ene- mies with pilots for every holHle invafion. Ac- quainted with every ifland and with every h:irbour, and fpeaking the fame dinlrft, 'he American na- vigators, with the moraluv of fcamen, would one day enter the Wcfl:-IndM ports as friendly traders ; the next they would land on the coad as depre- datory plunderers : Ey the firft operation they would difcover (he weaknefs of the land : Bv the fecond they would carry away the Negoes from the fields, and cut the fliips from the Bays. i\ot content with plunder by land, the Ameri- an privateers would prowl anong the fiioals of the Bahamas, for die Well-InJia traders, who, a:^ they returned througli the neighbouring ftreights, might [ 142 ] might be difpeifed by florm, or might be un- convoyed by accident. From fuch a ftatc of things the danger to the Weft-Indian planters, and in- convenience to the Britiflb fhip owners are mmifeft. But it is not To eafy to calculate the additional pre- miums, which the mfurers would alk to Lve harm- lefs the unfortunate trader, during a war of trea- chery, as well as of force. . Nor are thefe all the difadvantages that would unavoidably refult to the commerce and navigation of the Britifh empire, by admitting the American navigators into the Weft India ports. The Weft- Indians loudly clamoured in J 731, " That the Northern Colonifts carried away conhderable qu.mlities of cafti to the French Iflands, where- with they bought rum, fugar, and molaffes.'* That this complaint was founded we may fuppofe, from its being always continued. The French then were fupplied with bullion, which ought to have been remitted to Britain, in payment of debts. That cafh was often carried to the continental colonics is a faft, which may be proved, by the di I eft evidence of the Infpe6lor General's books i And the truth is confirmed, by the ftate of the balance of trade between them. fhe value of the annual cargo, which was ufually fent by the revolted Colonics to the Britifti Weft-Indies amounted, according to a three years average, ending with 1773, to £^.500,000; the Weft- India' produfts, which were carried away in re- turn, (( 4C et t H3 ] turn, amounted at /.400,00a; and the freights to £.245,000, befides their profits. Hence, the balance of trade between them rofe to ;C. 3 45,000, This is not a fmall fum to be carried off from the Britifli dominions ; and which would have been otherwife tranfmitted to Britain, perhaps in liqui- dation of balances. Were there/'. 3 4 5, 000 yearjy imported in bullion, this influx would probably be fufficient to feed the ftream of our circula- tion ; which, like the flow of our Thames, ought to run — ** Gentle, yet not dull ; Strong without rage, without o'erflowing full.'* The vaft concatenation of payments, public as well as private, depends on the fulnefs and flow of that circulation. The profperity of our manu- fa6lures and trade ; the invigoration of our credit, elTentially depend on the pundluality of thefe pay- ments. The induflrious clafTes are all enabled by manufadure, and traSic, and confidence, to accu- mulate favings, (and their accumulations have lon^ fupported the pillars of the State) which gradually augment the commercial capital of the kingdom. And in this manner is it of the greatefl confe- quence to the general commerce of the empire to exclude the American velTels from the Weft; India ports. Of a fubjeft, thus interefling. becaufe our fafcty' and our opulence are both involved in its difouffion, let us take another view. To thofe who delight in tracing the varieties of human character, or in markinoj [ H4 ] maiking the minute occurrences of human trariC- adions, nothing has ever appeared more ftriking, or unaccountable, than the difference, in poHcy and fuccefs, between the Biitifti Weft-Indies and the French. The BritiQi were bred in the lap of luxury ; the French were reared in the fchool of misfortune : The firtl were gratified with a govern- ment of freedom and indulgence; the fecond were ruled by a fyftem of regulations and rigor. The French planter entered the WeQ-India world with feeble efforts, becaufe he was depreffed by penury j he gradually added to his little flock by his caie ; his attentive profits, however fmall in the begin- ning, added accumulation to accumulation ; which enabled the caieful cultivator to convert a planta- tion of coffee, that required few hands, into a larger one: And in this manner, the French Weft- Indies rofe up with a rapidity and vigour, which altoniftied the inattentive and ignorant ; while the Britifli Weft- Indians, who formed a charafler the dire^l rcverfc of the French, were conllantly alk- ing prote6iion and encouragement from the mother country. Kut, it is impoflible to fupporC the indolent and carclefs, the proud and the mag- nificent, who began the world perhaps with bor- rowed money, on ufurious interefl. The French planters found capitals in their own rcfources ; The Britilh found capitals in England. And the Britifh Weft- Indians have been at all limes greatly indebted to Britain for the money, v/hich fettled and improved their fugar-works, and which though with- [ ^^5 1 withdrawn from produflive occupations at home, could not be eafily brought back from abroad. Fifty million are now faid to be employed in the Weft-india eftates : But, if that vaft fum, or even the half of it, could at this moment be invefted in domeftic employments, how much more would it promote the commercial profperity of Britain. To recover debts in our colonies has been always a difficult meafure, which fometimes attraded our legiflative care, though without fuccefs. And to ad- mit the Americans into the Weft-India ports is to augment a deplorable evil, by enabling the planters to fend thofe produdls to the American States, which ourrbt to have been tranfmitted to Britain, in part ot nent of the intereft and principal of their Britilh L)ebts. Of thefe engaging topicks let us take a parting view. The New Englanders have long grown lich, by praftifmg a psdHng trade with the re- volted Colonies, and with the WeftJndia Iflands. The mifcelianeous cargoes, wherewith they fup- plied the American world, were compofed of the various petty articles, which a difperfed people cannot eafily want, yet cannot readily fetch. If the American navigators are admitted into the Weft- India ports, the New Englanders will extend this gainful traffic, and the other American Traders, invited by their gains, will follow their fucceiV^^l example. The free intercourfe which they now have with France, Holland, and Ham- burgh, not only in their own Ihips, but, thofe U of t '46 ] of foreigners, will greatly facilitate that traffic. Thus the American citizens will fupply the Weft- India planters W!*h the filks of France, with the groceries of Holland, and with the linens of Ger- many, ,.. oppofition to the manufaflures of Bri- tain, to whom they are in this view of the fiibjeft, the moft dangerous rivals. The BritiQi woollens are utifuitable to the fultrinefs of the Weft- India climate, and the Britifti linens and cottons will be reje6ted for the cheaper linens of Germany, and the more fliewy fabricks of France. Intereft will in this manner concur with vanity to fupport the fmuggler againft the prex'entive ofBcer. And in this manner will the ma(nttfa6lures of Britain be de- ^reffed, and the morals of the planters corrupted, while the falutary objefl: of colonization will be circumvented, if not deftroyed. H?ving thus i-troduced rivals to our domeftic mannfoftures, the American traders would ere long equally iiiterrupt our Eaft- India commerce. They have lately fent a veffel from Philadelphia to China. And having flios made a beginning, they will be carried forward in their enterprizing pro- gvefs; by the markets which they will find in the Weft-iridies, in oppofition to the r re expenfive fupplics df our own Eaft- India Company. " To *♦ wink at fuch proceedings, faid Dodor D'Ave- •* nant, in 1698, has been lately the pradlice of corrupt Governors ; and if fpcedy care be not taken, thefe abufes tvill grow too inveterate, or too big for correftion. So that in proccfs of " time, It is flipulated by Article 3, 4, 5, of the French nnd Article 2d of the Dutch Ireaty — " That the jKonle of tlic Contratling Powers fhall pay no more, or greater imports, in the ports of each other than the mod favoured na'.ions pay, and Ihiill enjoy [ 153 ] every exemption in trade and navigation, whether in failing from port to port, in the fame country, or in navigating thence to foreign nations." But, we have already feen, that the American citizens, as merchant ftrangers, are entitled by our laws * to the privilege of paying no other duties at our Cuftom-houfe, than denizens pay in the mod friendly ports : We have feen too, what is ftill more beneficial to them, that by our regulations, fmce the peace, the American States are freed from payment of all taxes on the importation of their unmanufactured produfts. Whether the Com- mercial Treaties with France and the Netherlands, or the fpontaneous regulations of Britain, convey, in this refpe6t, the greatefl exemptions and molt valuable privileges to the United States, is a quef- tion which does not merit an anfwer. France, indeed, and Holland, have allowed the American citizens, as they allow all other aliens, on the pay- ment of fuperior duties to fubjecls to participate int their coaft trade, which Britain has abfolutely de- nied to them, as (he had long de-.^^d to every other alien. A regard to her defence and fafety eftablifhed this ufeful regulation. And the refpe(^ due to the law of nations forbids any foreign power from taking umbrage at a domeftic meafure, fo prudent in its origin and fo falutary in its confe- quences. 'X By • From 9 Hen. III. ch. 9 ; 5 Flen. IV. ch. 7 ; and the 12 Char. II. ch. 4. requirei, that aliens Jlmll be honeji'y tntreattil as to the payment of taxes ^ at the Cuftom-houfe. ill ;5n f 154 1 By the gth Article of the French Treaty, the (hips and mariners of the Contrm'^ing Powers were rellrained from fifliing in any of thr havens, creeks, roads, coails, or places of the others, under the penalty of confifcation; and the United States moreover flipu! ited not to molell the French in fifhing on the Banks or in the vicinity of New- foundland. On the delicate fubjeft of fifhing the Dutch were cautioufly filcnt. On the other hand, by our Treaty of Peace with the United States, they were allowed the full right of fifhing on the Banks of Newfoundland, on the fhores of Nova- Scotia and Labradore, with the beneficial freedom of drying their fifh on the unoccupied coafts of both. The difference then to the United States between the Britifh and French Treaties, amounts to this, whether the granting or refufing of a favour, is the moft advantageous and kind. The drcit d^aubaine is relinquifhed by France, and the right of difpofing by teflament is acknowledged by Holland. The Dutch, with their ufual policy, have allowed liberty of confcience and of fepulture. But the French are filent on thcfe fubjedts of re- ligious fcrupulofity. The Dutch thought it of importance to ftipulate, that parties may employ their own fa6lors or attornies; that fhip-mallers may be allowed to manage their own affairs, and may load and unload with the freedom of fubjcfts. Were a Britifli ftatefman to boaft of fuch fiipula- tions as thefe he would incite the ridicule of the wits without infuring the approbation of the grave. The The ihips rcllin] E ^55 ] The law of England, (as vve hav alreaJy feen,) allows every alien friend to difpole jf his cilrcXa by teftamcnt, or prcferves them for his next of kin. The rights of confcicnce h.ive been at length re- cognized ; and have been hnppily adopted into our liberal fyftem. 1 he melancholy privilege of burial our humanity denies neither to the Jew, the Turk, nor the Infidel. And in a country which has been honourably denominated, The Land of Liber ty^ every (Iranger may exert his own diligence, or uCc the addrefs of an agent, or, if he thinks prope , engage the abilities of a lawyer. The jurifpru- dencc of the United States fully coincides with the laws of Great Britain, in all thefe refpeQs. And by all thofe Ilipulalions the United States jTain^d from France and Holland, who were not jxaftly informed of American ufage, confiikiable im- jmunities, without granting fpeci'ic cquivnienis : For, the mere proteclion of law, which cannot be denied, can with no propriety be deemed the communication of benefits. We may equally apply the foregoing rem.arks to the various ilipulations of thefe treaties in cafes of {hipwreck ; and in the proteflion which is a[^ ?ed to be given to Qiips when purfued by pirates ; \o the option which is allowed tne owners in the breaking pf bulk *. In thefe unfortunate cafes of ihipwreck, X 2 the * By 28 Ed. in. chap. \^. fee. 5. and 21 K. If. ch. 4. no fhips fhall be conftraincd 10 come into pcrc, or rcftralncd in felling their goods. [ '56 ] the humanity of the law of England has adopted the memorable declaration of Constantine : •' If any (hip be at any time driven on Ihore by teropeft let the owner have it j for what right has my Exchequer in another man's calamity," This fentiment, fo worthy of a great Prince, has been adopted and enforced by our own Edward I. * The zeal of our Parliament for the rights of human nature hath declared him a felon, who ftiall plunder a ftranded fhip, and him, who with greater ma- lice, {hall exhibit falfe lights on purpofe to bring navigators into danger : And thefe declarations, equally humane as wife, are little more than the revival of the virtuous laws of Henry II. whom no monarch need be afraid to copy. By the Sta- tute of 31 Henry VI. ch. 4. which, for the honour of our laws remains ftill unrepealed, it was enadled, That if any of the King's fubje6ls attempt, oc offend upon the fea, or within the King's obey- fance, againft any ftranger, in amity, or under fafe condu61;, efpccially by attacking his perfon or robbing him of his goods, the Judges may ** caufe full rcftitution and amends to be made to *' the party injured." And by a modern ftatute t it is declared to be piracy to correfpond with pirates, or to board forcibly any merchant vefiTel, though without forcing, or carrying her off, and dellroy- ing, or throwing overboard any of her goods. Let (( tt it tt tt no * By 3. Ed. r. ch. 4. t i Geo. I. ch. 24. cut of ih^ Noth licaii [ '57 ] no foreign navigator think that he needs any corp'.nercial treaty to entitle him to full n. 'HecUon from pirates, in th-; feas and ports of Britam, In a country, where the people have made it an article of their Charter to give fecurity to foreign mer^ chantSt no alien friend need fear for the fatety pf his perfon, his property, or his reputation. And he may even learn from Montefquieu, " That in »* Britain he has no occafion to lofe an infinite deal 5' of time at the Cuftom-honfe ; where ne has no *' ufe for a particular commiflioner either to ob- *' viate all the difficulties of the farmers, or to <* fubmit to them." Whether, conlequently, on this head of the fubjcB, the treaties of Holland and France, or the laws of Great Britain, arc the moft honourable in their origin, the moft efficacious in their operation with regard to the American States, is a queftion, which requires furely no fur- ther illuftration. But, the more to facilitate the commerce of the United States, France has ftipulated to grant them one or more free ports, m Kurope, and to continue to tliem the free ports, wiiicb had been already opened in the French V'eft Indit. '. If that is a free po»t, where gooJ^ may be freely landed with- out paying a duty. Great Britaiii ijas already efta- bliOied * A letter from HiTp-nipla, dated the 261I1 of Maidi, 1784, and which vvos publifhed in the Maryland Journal of thf 14^1 of May, i';' 4, fays, " Th;'t in fntur?, Cape Noth ' ' Mole is to be tlu: i n!y pci c -n ;his ifland for Ame- licaii iiiips. But, this has fince been fuppreflcd as a free port. fT-VT'^-^trr^-' blilhed various free ports within the Kingdom. In them the tobaccos of the United States may be landed without any expence : And all their other unmanufadured produ6ls, which prudence allow- ed them to bring, may be entered without pay- ment of duties. What France then only ftipulated to do. Great Britain has a6lu,^lly done : in the United States there are higher dutie .s collected on the fhipping and goods of aliens than on thofe of citizens: In Britain the Ameriran citizens pay no taxes on the importation of their merchandizes : And of confeqnence Great Britain has done more for the American States by her laws, than France and Holland have done by their treaties. When thefe States had obtained at length, what they had long ivilhcd ?nd lately fought tor, the laws of Great Britain indeed interpofed a bar, between her remainiijg Colonies and them. But, the Eri- tifh Government opened a great marker m the Britifh Well Indies for the produds of the Ame- rican citizens, by foftening the rigour of ihofe laws, in favour to them, while all other foreigners were notwithllanding wholly (hut out. In this view of the fubje6l, the admitting a qualified im- portation aniouited to a qualified free port, which is all that the French have allowed. The defign of the a6l of navigation, fays D'Avenant, was to make thofe Colonies as much dependent aspoflibic upon their nothcr country. To admit the Ame- rican fliips into the Brltifli Weft lndir>, rontrary to the policy of that law, is to ellnbijiJi n univer.^'ai free ;■<■■ .'J- [159 ] free poit and with it the independence of the Weft India iflands. And we have learned from ex- perience, what indeed we might have known without the coft of a hundred millions, that the abfolute independence of our tranfatlantic territo- ries is much more advantageous to Britain than their nominal dependence : In the one cafe, (he enjoys all their commercial advantages, without the weighty burthen of their defence: In the other, (he is fubjcfted to the vaft charge of pro- tefling them, without enjoying any greater benefit from their trade, than 3II the world enjoys. We have now fairly compared the commercial advantages, which the American States derive, on the one hand, from their late treaties with Holland and France, and on the other, from the eftabliQied laws of Great Britain. Let juftice decide accord- ing to the reprefentations of candour, from which of thefe fources the American governments might draw the greater benefits, were gratitude placed in the cbair of prejudice. There are indeed, in the American treaties with France and Holland, a variety of ftipulations rela- tive to a ftate of hoftilities. But, war is not the bufinefs of life. And every man, either prudent or humane, ought to wifh. that it were iefs fre- quent in its recurrence and Iefs extended in its duration. Yet, in Britain, treaties either to re- gulate its commencement, or to dire£l: its opera- tions, are by no means neceflary. And our lav/s alrearly contain every regulation, that a wife peo- ple [ i6o ] pie ou^ht to defirC; or a cautious people ought to grant. *' All merchants, fays ouk great Char- *' T£R, Ihall be lafe and fecure in coming info *' England, and gf^ing out ot England, and ftay- '* ing and travelling through England, as well by '*-land 3s by water, to buy and to fell, without *' any unjufl cxa6ionF, according to ancient and *' right cufloms, except in time of war, and if " they be of n country againfl us. And if fuch *' are found in our dominions, at the beginning " of a war, ihey lliail be apprehended, wiihout '' injury of their bodies and goods, until it be ** known to us, or to our chief juHiriary, how " the merchants of our country are treated in the ** country at war againfl us ; and if ours are fafe " theie, the others ihall be fafe in our country/' This is the daufe which hath juHly conferred cele- brity on England. And of this fignal conltitution Britons may boaft in every quarter of the globe, Tvhere ilnps fail, or merchants trade. Now, who will fay, that he can form a treaty, more ialutary in its prmciple, or more judicious in its means, than the declaration, which our vigorous anceflors demanded and obtained, at that memorable epoch, in favour of merchants and trade. But, while it is admitted, that the AmericrTn citizens will derive a thoufand benefits from the emanations of our fyfletn, it may be properly afked, what (ccurity do Britifh fubjeCts enjoy from (he lawsof tlie United States ? Is there mutual return ? It may be anfwered, Yes : P^or, it may eafily be Hiewn, [ i6i ]1 ITiewn, that the fundamental laws of the United States are exaftly analogous to the fundamental laws of Great Britain, in all thofe rules, which give fecuriiy to the citizen, and prote£lion to the 11 ranger. The laws of a people, whatever they may be, are the liberties, to which they are the moll at- tached, and which they defend with the greateft ardour. The common law, the ancient ftatutes of England, had been all carried by the Englifh fettlers, into the American colonies, as their birth- right, or afterwards adopted by ufage, or fome- times recognized by the pofitive a£ls of their fubor- dinate Isgiflatures. It is furely curious to trace the operation of that principle, amidit the unnatural contefts of the parent and her children, about their mutual rights. And we fhall find by no long re- fearch, that the revolted colonics have interwoven the laws of England into the very texture of their fundamental conllitutions, while their animofitios were the moft warm and rancorous. We may learn the truth of that pofition, from an examination of what each of the United States thought proper to do, when they were about to form governments for themfcivt\% The conftiftitions oi New Hampflhire and Maflfachufett's exprefsly pro- vided, •' that all laws theretofore ufed Hiall remaia in force till altered." Rhode Ifland and Conn4: it had almod always done. Pennfylvani;. has made the declaration of rights part of her fuidamenfal conflitutions. The Delaware Sta«': refer /cd ex- pvefsly the common and llatute law, as they had been formerly adopted and pradtiP d. Maiyl.ind d«?clared, ' tjiat htr citizens were entified to the common vtsd Uatutc law of England, which had been uied arid approved, in the province." Vir- ginia, with a i't al wliich fhewed more of her en- mity ihan her prudence, dire6led that the execu- tive powers of government Ihould be cxercifcd ac- cording to the laws of the Commonwealth, but fl^oulJ under no pretence exercife any power or prerogative by virtue of any law, ftatute or cuftom of England : Yet, this declaration formed a direc- tion to the Virginian Governors rather than a fy'lem for the Virginian Judges. And we may prefume that die general web of their jurifprudence had been woven of the v/arp of common law and woof of ancient ftatutcs. We may infer this from their general revifa) * in ^663, when the affembly " endeavoured in all things, as near as the capa- city and conditution of the country wou! ' admit, to adhere to thole excellent and often re 1 laws ' ' ■* * ♦ Laws, p. I. t 1^3 ■] of England, to which they acknowlc(3gecI all reve- rence and obedience " Yet, the principal Vir- ginians were too prudent to leave it in doubt how far their ancient laws (hould operate even after the revolt: and the Affembly palTed an a£l, in 1776, declaring, ** that all the laws formerly in force fliould continue, till abrogated.'' North Carolina with greater prudence inlwined The Deciaration of Rights about the root of her fundamental conliitu- tion: And wilh equal wifdom ena6ied expreTly, in 1777, *' ^^^^ '^^® common and flatute law there- tofore ufed (hould continue in force." South Carolina declared, by her original aifociatiun, " that all Uws then praftifed ihould rem.un till repealed." Georgia adopted into her original compact nothing more than the Habeas Corpus Atl : But, if we may believe, the affirjnation of her Chief Juflice Walton*, " the law of England has been (ludded into the Georgian lyftem." And thus have wc found, that the often refined laws of England have been (ludded into all the American fyftems. The American youth ftill continue to read Cole upo.i Lyttelton as their text book; and the experienced pracHfer continuea under their new forms to quote the various reporters of what has been faid and decided in WeftminOcr hall fo which American Judges ftill pay ail the rf" .Vf!ice_, which IS (.'r'.' .G ttr collected wildum c- rho'e vo-u- )[riinoub ucpofitaiies of nvii unowlecige and leg .1 Y 2 if fcience^ • Georgia Gazette, ij May, 1784. [ i64 ] fcience. And thus the general jurifprudence of England and the United States muft confequently be very nearly the fame, however different the forms of their government may be, or however diflimilar the tone of their Courts of Juftice. Having in this manner eftabhlhed the general principle, we may properly enquire, how it applies toBritifh fubjefls, as toimpofing difabilities, or giv- ing them protection. If the American citizens are aliens in England, Britifh fubjefls muft necefiarily be aliens within the United States. If any govern- inent was ever founded in a£lual compa6l, the conftitution of the United States muft be allowed to have originated from the hallowed fource of politive ftipulation. But, perfons, who were no parties to the American affociations, can never be entitled to the privileges refulting from the Ame- rican compa6ls, to members of them. The people of Europe, who were quiet fpe6lators of the ftruggle for independence, are confequently aliens to the United States. Much more are Britifh fubje6ls, who oppofcd the formation of thofe con- federacies, aliens to the American governments. And in fa6t we find the European people con- fidercd by the legiflative and judicial powers of the American governments altogether as aliens, who are entitled to none of the immunities of their citizens, i'lncc they owe them no obedience. And it was the peace, which converted Britifh fubjefts, who had been alien enemies, into alien friends. Isow, every p.ivilege and protedion, which be- [ >65 ] long to the Americpm citizens, as alien friends, in Biifain, equally appertain to Britidi fubjefts, as alien fiiends, within the American States, with refpcft to the rccuiity of their perfons, their pro- perty, and their reputation ; becaufe the laws of both countries are thus fublhntially the fame *. And * It ought not be concealed, becaufe it militates agalnll: the dodtrines maintained in the text, that Walton, the Chief J uflice of Georgia, and his afTjciates, determined, fince the pe.ice, that Perkins, a Britifh merchant, and alien /rieftJ, could not fupporc an adlion of debt againft a citizen. [Geor- gia Qazette, 13 May, 1784.] That decifion feems however to have been univerfally reprobated. It i;iay gratify a rea- fonable dcfire of information to fee the opinion of Mr. Scirk, the Attorney. General, and Mr, Stephens, another Georgia lawyer, which was taken the iioth of May, 1784, and pub- li/hed on that fignal occafion, in the famp Gaztte: ** The judgment of the Chief Jailice and his afr(;iates, gjven in Chatham county laft term, (re?ative * ■ ;he privilege of Britifli merchants, who remained in Savannah after the evacuation, of fuing the citizens of this State) may be lotiLod upon as laudable, but tranhent charaflers, althcugh Britijh /uhje^s, who have arrived fince, claim thai right from the duties which they pay to the State, over and above thofe paid by other merchants, whorcfjde here. Should iSe foun- tain of juilice be (topped againJl them, and the;' prohibited from profecuriig for ti»eir lawful demands, all commerce will be annihilated, and the greutell dillrefs to the citizens will follow. By x.\\cjiaiu!e law of E '.gland, ^-^ i!H7-^;f [ i66 3 And the jurifprudence of both countries giving thus mutual proteftion to the inhabitants of both, ftems to preclude the neceflity of a commercial treaty, which woulr^ '•• leGi reverenced in its Ilipu- latioUvS, and hJ^ pow«;ii<^i in its effects; which would be move liable to cavil, and confequently more apt to produce contcft. But, if the cflabliflied Jaws of the two countries in this manner, exclude the njtviuty of com- mercial treaty, we may yet inquire, whether it would be advantageous, or ufcful. *' It has been *' obr-rved of this nation, faid D'Avenant, in '* 169R, that we have loll by treaties, what we had ** gained by valour; that we have been conflantly '* outwittc ? in the ftipulations we have made with •' foreign States and Princes, as well concerning " inter tjl tianfient Courts allowed them : And this fcems to be founded en the j.rivilegcs aliens are entitled to in all countries, except nvhere thry are particularly prevented. Aliens may trade as freely as other people, though fubje£> to higher duties, and as they are not ccnfidered ?s citizen^^ in this State pay duties accordingly." When the Chief Juftice had admitted, by his decifion,^ that the laui cf England nvere Jiudded into the Georgian fyjlem^ he could not, as a logician, or a lawyer, deny the inevitable inference of lav^ ; That an alien y?/ •./a', could maintain an aflion of debt, in the tribunal' )f Georgia. Little did Mr. Walton refleft, amid the clan i of he times, which ought to have infpired him with cau:Ion, rather than raflinefs, that judgments againji a I parent right are conjidered hy every laiv as juj/tcimt cauffs for granting letters ofrc^rixal. wr T^^.y*" »»■' ■ [ '67 ] ** inUrefi ;is dominion : And it is vr -' evident, that " they wh J could never fate us in the field, •' have over-reached us in the cabinet ; anl all " along we have fecmed llrongcrina battle than •' in council." The unequal agreements of the Portugal treaty, of 1703, had been a fuHicient JLiftification of D'Avenant's remark had not more nioiern treaties confirmed it. And it is owing to the wailings of impatience, the roar of ignorance, or to the incitemcntsofintej eft, that our ltare(mcn arc conitanily driven from their better purpofc in- to improvident compacts, and are often obliged to facrifice the real intcrcll of their country to their own quiet. This is a degeneracy however, againll which'virtuous refohuion ought always to llrnggle. And this is a motive for placing the lubje6l of com- mercial treaties in every poiTible light ; as fome of f'^em may ritch the eye of inattention, or others of them may dete£l the dark defigns of avarice, or of faction. It is furely a previous queftion of no fmall mo- ment, whttUer there at prefent cxifts under the American governments, any power, which can lawfully conclude a commercial treaty. By the ninth article of the American confederations tht; Congrefs are invefted with the Jblc and e/xlufiTc right, (nine States being rcprefented in Congrels) of entering into treaties and alliances ; provided that no treaty of commerce Jkall be made, whereby the kgiflative power of the refpediive States fiall be rejlrained, from impofmg fuch impojis on foreigners, asihur own people [ >68 ] people pay ; or whereby each State fliall be hindered from prohibiting the exportaLion, or importation^ of any f pedes pj goods whatever » Thefe contradidtory fli- pulalions created however no new abfurdity in the American hillory and jurifprudcnce. We all re- member the famous refolvcs of their colonial repre- ft:ntativcs in Aflembly, during late turbulent times : We the Delegates have the Jole rv^U of impofing taxes on the good people of this province, wiih the conjmt of the Upper Houfe, and Governor. By article the 6th, no State, without the confentofthe Congrefs can f^nd any cmbaflTy to, or receive any cmbaify from, any King, Prince, or State, or enter into any conference, agreement, alliance, or treaty with them. In this explicit manner, have the jcaloufies of the United States prevented the eflab- hfliment of a competent power under their confe- deration, for the concluding of commercial agree- ments. And this inevitable conclufion is amply confirmed by recent experience, which hath fhewn us the individual States bufily, perhaps faflioufly, employed, in empowering the Congrefs to regulate commerce, for the fpecial purpof^ of retaliation, or redrefs. Yet, though armed with all thofe powers, either general or particular, the Congrefs lately fat from November 1783 to [une 1784, without executing any meafure of retaliation or redrefs, on the per- plexing fubje6l of their Weft India trade. They, on this occafion, made ufe of their accuilomed in- trigues, to incite the traders to clamour for prohi- bitions, ( .69 ] bitions, or at leaft reftriflions. Meetings of mer- chants were held, in different States, in purfuanee* of inftigatory letters, to confider of means to in- vigorate the Congrefs, by adding the force of pre* vious alfent to the noife of popular complaint. Yet, fearing perhaps the renewment of non-impor- tation agreements, or regarding more their genuine kiterefts, the traders refolved in ftcret : That Bri- tain, when regulating her colonial commerce, had done nothing more than what Spain, Pbrtugal, and France, continued to do ; that though they felt an inconvenience from the Weft India reftri61;ions, yet they could not juftly complain of an injury ; and that it would be wifer to confider of modes of circumvention than to adopt meafures o^ force. In the end the Congrefs did nothing, in order to enable individuals to find means, to promote, each his particular intereft. The Congrefs however, in May, 1785^, entered into certain refolutions *, by which they probably 21 intended * The Coitinental Journal of Boflon, dated the 3d ot June, 1784, contains the following refolves and recommen* dations of Congrefs : '* That it be recomnaended to the Legillatures of the feveral States to veil the United States, ia Congrefs aiTcm bled, (nine States to be repref nted in Con- grefs and aflen ling} y^r tbt term offifittn ytars, with power to prohibit any goods, wares, and merchandizes, from being imported into, or exported from any of the States, in veflels belonging to, or navigated by the fubjeds of any potentaft> with whom thefe States ihall not have formed treaties of com- merce ; and alfo witii^ the power, during the fane term, •f ■\ [ '70 ] intended, to hold up to the eyes of Europe the ap- pearance of their former promptitude and vigour, while their apparent energy concealed the moft in- curable irrefolution and imporence. Like other limited powers the Congrefs eafily find an excufe when they feel themfelves unable to a6^. When they thought proper to delay the forming of any arrangement of garrifons for the weftern and nor- thern polls they declared in February laft the rea- fcm to be ; that nine States had been then only re* prefented for a few days, nor could that matter be confidered till Ihe State's become more attentive to keep- ing up a J til repreferUation in Congress *. When ih'^y are preffed by the incapacity of paying either the principal or intereft of their debts, they very coolly, but irvly^ avow t, that fome of the States have either refuled, declined, or modified their re- commendation for taxes. Experience fince the peace, were we to difregard what happened dur- ing the war, ought to convince all reafonable men how impoffible it is to procure the aifent of thir- teen democratic alTembhes, much more of four and twenty of prohibiting the fubjefts of any foreign Kingdom, or Empire, anlefs authorised by treaty, from importing int* the United States any goods, ivares, or merchandize, which are not the produce or manufaflure of the dominions of the Sovereign, whofe fubjefts they are.*'— Such is tbe iflue of - he Congrefs'i pregnancy ! • Same Continental Journal. t By their Budget 1784. they i [ I-I J twenty *, to any meafure which involves the com- plicated interefts of all : And the diffent of one State, like the veto of Poland, e(Fe6lually prevents the fuccefs of the moft earneft recommendations ; becaufe the powers given by the refpedlive aflem- blies are generally qualified with a provifo, that tht other ajfemblies likewijc conmr. And while fome of the States lately impofed relliiftive duties on com- merce, Conneflicut and New Jerfey opened free ports ^ with a contraditlory purpofe and more certain be- nefit to themfelves. But, let us admit, that the Congrefs are already invifted with all the powers, which they have thus requefted of the Thirteen States, what charafter we may alk, would they exhibit to the eyes of Eu- rope : They would doubtlcfs appear to Ruffia, whp has refafed to enter into treaty wiA them, and to other powers, who have not yet thought it necef- fary, or found it convenient, to form any commer- cial compafts, as a bully, who with a pen in one hand, and a fword in the other, declares : Toujhall treaty or you fhaU not trade, But the coward alone fubmits lo the uplifted cudgel : And the people, who allow their opponent to wriLe the terms of peace, or of commerce, while the fword is bran- diilied over the tablet, confefs to the world, that: they are in the laft ftage of decline. To thofe Z 2 however, • Which number includes Vermont and the ten States, that have been lately cdabliihed in the vad country, which is bounded by the Ohio, the Miffiffippi, and the Lakes. [ 172 ] however, wlio know the Congrefs the beft, that fimous aflcmbly, in the charafter, which they have thus chofen to afTutne for themfelves, will more likely appear to refemble the boy, who was hu- moroufly exhibited by Reynolds, in the drefs and figure of Harry VIII. and who impreflcd the mind with the idea of a perfonage oi great bulk with little force. The agents of Congrefs fometimes a6l, as if they thought the world were ignorant of their affairs, and were unacquainted with their jurifprudencc. This truth we might even colle6lfrom thofe claufes of the French and Dutch treaties, which (lipulate feveral benefits in favour of the United States, without any other equivalent than the proteftion of laws, which cannot be denied to alien friends. The French however are now fully informed of their habits and laws, as we may Icarn from the fol- lowing anecdote. In order to gain from Monf. De Vcrgennes an extenfion of commerce, or additional guarantees, the Congrefs agents flattered lately, and fometimes foothed, and at length attempted to bully the great Minifter of a powerful nation : Why, Gentlemen, faid Monf. dc Vergenncs con- tcmptuoufly, you talk, jas if you thought I were unacquainted with your powers and vvith the in- ability of your Congrefs to grant ampler one's; or as if I knew not, that the treaty, which I have already made with you, will be no longer kept, than the Congrefs frands in need of his Majefty's loun(y, or than the individual States find an in- tcrcd 1^3] tereft in fulfilling * it." Without the fagacity of De Vergennes we may infer indeed, from the terms of the confederation, that every aflembly poffeflcs a referved right to impofe as high cuf- toms on foreigners, as Ihall at any time be paid by their own people, notwithftanding any treaty ; and that every ftiUe may prohibit the import, or rellrain their export, of any goods, even contrary to the mofl common Itipulations, which can be made by the general Congrefs. So inconfiftent is the exercife, or even exiftence, of two foverereign powers, much more thirteen, or /our and twenty fovereign powers, at one and the fame time, within the fame empire. While the Congrefs can neither impofe taxes, nor regulate trade, they ought to be regarded as a body of men, with whom it is il- lufory and idle to thinly of forming a commercial treaty. • The rcfult of the negotiation mentioned in the text, was given to the world in the following extiati of a letter, which, was dated from Paris, the 2d of Augnit.if 84, and foon after publifhcd in the Gazettes. " The treaty which the American Congrefs had attempted to negotiate with France, relative to the new guarantee is at a ftand France probably forefees, that the Americans will make but bad allies, as they niuft be perpetual hangers on. The United States being now unanimoully cedr.red independent, and detached from the Englifh Government j the French have had their end?, and do not feem defirons to feck further." — If France fhal! at lad te found to have only cut the chain, which linked tliinecn ponderous bodies about the fliaulders of this nation, (he fhsll in the end have no great caulc Cot triumph. If lii . [ '74 J If the faithful performance of a folcmn Treaty is an objeft of any confequence to a great nation, jealous of the honour of fovereignty, it mud be furely of ufe to inquire minutely, how the late treaty with theCongrefs has been executer), before we enter into any new one. The Articles of Peace, which were concluded with the United States, on the jOth oi November, 1782, were denominated ProvifionaU becaufe it was agreed tliat they fliould not conllitute a 'Treaty^ till terms of peace were agreed on between Great Brit !n and France. When the French Treaty was foon after fettled, the Articles that had been thus Provifional, became at once obligatory ; and formed confequcntly the rules of condufl fm* the Contra6ling Powers. It was in conformity to this reafoning, that the French Pre- liminary Treaty was formally publiftjed, when it aprived at Philadelphia on the 24th of March,! 783, as the Provifional Articles had been announced to the American world by Congrefs, twelve days be- fore: It was in conformity to the foregoing rea- soning, that the Congrefs proclaimed a celfation of arms on the 1 ith of April, 1783 •, when hoftilities immediately ceafed and the prifoners were not long af^er difcharged. And the general pofition, That the Provifional Articles bound the Congrefs from tlie day on which they received them, and bound the citizens of the United States from the momcat thofe Articles were made known to them, is con- formable to the law of nations and is confirmed by the pradice of the civilized world." *' A Treaty his Mir Congref others anfwer teen di- [ ^75 ] " of Peace, fays Vattel, binds the contracting. ** parties from the moment of its conclufion, un- ** lefs it is otherwife ftipulated. When no term *' is alTigned for the accompli Jhtnent of the Treaty, *• common fenfe di6tates, that every point Ihould " be executed as foon as poflible. And the faith " of Treaties equally excludes from the execution " of ihem all negkft, all dilatorinefs, and all de- ** liberate delays." , > The recommendations, which had been ftipula^ ted to be earneftly made by Congrefs : and which oupli^ confequently to have beeniffued with all con» I fpeed, v/ere (ludioufly delayed, notwithftand- •' ^ the didates of the law of nations, and the rc- quclts of the Biitifh Commander of the American army*. The violences, which fucceeded the cefla- tion of arras, even prevented the evacuation of New York, r.s had been agreed by Treaty. Ai^d the per- fecution, which enfued againll the untortunate fup- • Sir Guy Carleton wrote the Congrefs a letter, on the l7thof Auguft, 1783; wherein he informed them, that he hnd received orders to evacuate New Vork ; but, that the violence which had broke out immediately ;if:er the ceff.ition of arms had retarded that meafure : And he exprcHed his concern, " That the Congrefs had thought proper co fifpend to this laie Lour che recommend.icions ftipulated by i\vi Treaty, in the pun6lual performance of which the King arrd his Minifiers have f xprefled fuch entire confidence.'* The Congrefs never took any notice of this letter, or of feveral others to the fame purpofe ; becaufe it w:.s inipoffible to anfwer incoiitrovcrtible fat^i, wiiencc incvitayc infefcnccs ha-i teen drawr.. 1 s 1: i-s [ .76 ] fupportcrs of the Britifli Government, ought to be blotted from the page of hi (lory, were it not necef- fary for the inftruftion of mankind, to preferve examples of human depravity and of human follies, againft the prevelance of which, the reafon and religion of men ought always to ftruggle. Yet, to determine with regard to the conduft of any State, from the tumultuous irregularities of the populace, who are eafily agitated though not eafily calmed, would be as unfair as it would be undig. iiified. It is from authoritative acts alone that we ought to form opinions of the proceedings, either legal or illegal, of any Government. And it might be minutely fliewn, were it now either ufeful or pleafant, that every American State continued to a6l authoritatively, from the 12th of March, 1783' when the Provifional Aj tides were formally pub- lifhed, till the 14th of January, J 784*, when fhe Definitive Treaty was earneftly recommended by CongrcG, with regard to the unliappy obje^s of the pvomifed recommendations, as if fafcty and rcftitution had not been folemnly llipulaied for them. In the fyme manner they even now con- tinue to a6l. * The packet from Falmouth conveyed the Definitive Treaty to New York, en the lit of November, 17S3. Oa the 5:h the Congiefs adjourned from Prince- town to .Anna- polis ; where Mr. Miffiin, the Prefidenf, arrived on the 3J of December. Thaxtcr, the Secretary of Mr. Adams, brought tht Trea'y on the 26ch of November, which was pub- Lihed by Congr^-fs on the ii'h of Deceobcr, 1783. Datci &re of ';rrat importance, when we are erq^uiring with re^jard 10 the j-ctfcnn.iricc- of Tr?utio. [ ^n 1 Complete peace was furely cflabliflied on the 14th of January, 1784, when the Congrefs ratified the Definitive Treaty, if it did not, in fad, and in law, exift before ♦. And we may now pertinently aflc, if the^American States have honeHly executed the folemn ilipulations of a Treaty, from which they derived, as the valuable con/ideraiions ofit, peace, liberty and fafety. From the annunciations of their own Gazettes, wc may learn indeed, that feme of the States continued to expel thofe objcfls of perfecution and negledi, who had a right given them b)' the Treaty to foiicit their affairs, as if they could not refide as alien /riends, under the municipal law of the Commonwealth ; and that all of thofe Governments have continued to difpole of the confifcated property, which they had folemnly engaged to reflore. It may be added as a fa6b, as true as it will be memorable in their an- nals, that not one of the American AflemUies have complied with the recommendation of Congrefs— ** To reftore men*s rights and cftates, as ftipulated ; and to revife the ads of confifcation, fo as to make A a them j^ii * The Negotiators of Congrefs informed that body by their lef^ter dated the i8th of July^ 1783* which was publillied in the Pennfylvania Independent Gazetteer, of the 24th of April, 1784 : That the claufeof the Treaty, which flipulates that there (halt be no future confifcations ; ought to relate 10 the time of the cefTation of arras ; as the Defnitivi Trtaij tught to be conjtdiredf at ctilj gi-ving drtfs and form ,to the fart- going contrails^ and tut at ctnfituting tht tbligatitn »f thim. [ '78 ] them confident with the rules of jufliee, and the fpirit of reconcilement." We fliall be enabled to judge of the truth of thcfe broad poCtions, by a very fhort difcufTion. It is a peace-making principle of the law of nations, that every treaty of peace, unlefs there be pofitive provifions to the contrary, extinguilhcs virtually all wrongs, which had been done during the pre- vious war, fo that they (hall not be deemed caufes of future difpute. Yet, the American Legiflaturcs* feem all to have direfled, even after the re-efta- blifliment of amity, that accounts fliall be taken of devaftations committed by the Britifh army, dur- ing the courfe of feven years hoftilities. Wiih whatever view this Legiflative direction was given, the principle whence it proceeded, is undoubtedly hoftile. And it was cautious, though unneceffary in our negotiators, to ftipulate exprefsly by the American Treaty, that no profecutions 11)311 be commenced in future againft perfons, for the part they had taken in the war, or on that account fuffer any future damage. Yet, contrary to this fandion, the Government of New- York have em- powered their citizens by a law, denominated in their jurifprudence, ihe Trefpajs A6lj to fue any perfon^s * Virginia aft,. Oflober, 1783, ch. jo. *« For continuing an ad to arcertaift the lofTes and injuries fulhined from the dtpredations of the enemy within this State." The peaceful Fennfylvania took the lead in this hoflile ineafure. And Carplina, Georgia, and others foUovNcd the example of boiHv ''ii»J y V] I '^19 ] pcrfons for injuries done to property, luring the war, and to fubjefl any one who, while the Britifh army garrifoncd New-York, had refided in any Jioufe only for ^ day to fKe rent for feven years^ This in the energetic langu gc of Phocion *, was io enaH a civil War: And fome perfons have ac- tually been imprifoned, under the authority of this Uw, and others have been obliged to flee. With a fimilar fpirit the government of Suu:!i ^^ roiina fet afide, fince the peace, the dccifions of the Court of Police, which had been cre6lrd, /.hile Charles Town was o upied by Britifli troops ; ^nd Britifli fubje^s who had purchafed property under its decifions or had appealed to its equity, have been c-ondemned in damages, and have been either im- prifoned, or forced to abandon their families and aifairs ; though by the laws of war the ronqucft of the country carries with it the peaceful right of governing the people, by proper judicatories In the fame fpirit the afiembly of Sou^^ Carolina palled an atl, in puifuance of the recorr!;:.enflation of Congrefs, and the requefls of the Governor, for relloring out of about fix hundred f confifcated dilates, one hundred and twenty four, on fpecific A a ? conditions. * The title oftwo able defences of the treaty, which have be^n publiflied, in oppnfition to the fpirit of the times^ by the late Secretary of GcDeral Wafhingtc n, Colonel Ham'lton ; a gentleman, uhofe pen is as powerful as his lvM..'d. f The J:ickfoiiboioiigh aft oi 1782, attainted about, two hundred perioos by naiiic, and upwards of four hundred /iiorp by defcription. 'i )J ,1 ' :i ' X [ '8° ] conditions. Yet, let us attend to two only of thd moft cffential onr ift. It is directed by the aft as a previous condition, *' That the parties, their attornies or agents, jhould make a true re'urii upon oath of their eftates, real and perfonal, in order that the commifiioners (hould caufe af- feffment of twelve per centf on the real value of fuch edates to be paid in fpecie^ before the firll day of March, 1784, with an addition of two per fenL to the Commiflioners of Confilcation : 2dl>, The law gave to the purchafers of confifcated property an option to relinquiib or retain it, and in this laft cafe the owner is only allov/ed to receive in fatisfadlion the fecurities, that had been given in payment by buyers, or indents, a fpecics of paper money, which, with the ufual fate of American pa- per, had alrf ;d;' been depreciated four-fifths of its oiiginal vaJc^, In this manner were the parties obliged to pay before the firft of March fourteen in the hundred of the genuine value of their edates in real money, yet to receive in i'dti&hB.ioD JiBiiious mo- ney at a future day. And in this manner did the Aflembly of South Carolina fulfil * the treaty and regar4 • That there wai no real purpofe to execute the treaty, or to comply with the Congrefs, may be indeed inferred, from the public notice, which the Commiflioners gave in April laft, purfuant to an ordinance 0/ Aflembly, daieil the 26th of March, 1784, for amending and explaining the Confifcation Afl. The State Gazette gave notice " to.all purchafers of confifcated property, where titles have mt hten ulrtai^y madct \o apply for fuch titles ard give the nccefl"ary fccuriiy, on or befor;? H'gard I i8. 3 ji'gard the recommendations of Congrefs, which admitted not of partial modifications, (ince all had been agreed to be reftorcd. Well may the perfons, who have been thus inGdioufly redored, ex- claim : And be thefe* juggling fiends no more believed. That palter with us in a double fen^e. That keep the word of promife (o our ear, And break it to our hope. With an analogous fpirit Maffachuft ^ in A great meafure followed the example of S< '!'a- rolina, ** by making diftinHioTis of a fimilar n&ixxrt** The aflembly of March, 1784, recited*, ill; •' That whereas by the fixth article of the treaty made between the United States and Great Britain it is provided, that no further confifcations (hall be made ;" It is therefore cnadted, 2dly j that the lands which any of the perfons aforemen- tioned held in fee fimple, or by a leffer eftate, on the 19th day of April, 1775, and have not by the aft entitled, ** An aft to confilcate the eftates of certain nototious confpirators againft the govern- ment and liberties of the inhabitants of the late pro- vince, now State of Maflachufetts-Bay j" or who by judgment had on due procefs of law on fuc!i efiates before the 26th day of May next, (1784,) otherwife futh property nA^ill again be fold at public fait t and the fcrmcr purchafers made lidbie to all expenccs." • The aft was publlihed in th« Bofion Independent Chronicle of the ill of April, 17S4, IMAGE EVALUATION TEST TARGET (MT-3) 1.0 1.1 11.25 l^|2£ |2.5 1^ Big 112.2 'A 1.4 fliotographic Sciences Corporation 23 WEST MAIN STREET WEBSTER, N.Y. 14580 (716) 873-4503 mt \^ V •^ \\ etiates been eonfifcated, nor have been pledged by government for money borrowed, or fold by Agents according to (he laws of the State for the payment of debts, due from abfentees, or have been made liable to pay any annual charge for the fup. port of any poor peribn, {hall be delivered up to the parties, who refpe6;ively owned fuch lands lad before the 19th pf April, 1775; ^^ ^^ ^^Y perfon claiming under them refpe£lively ; provided fuch claimants are not included in the a£l afoiefaid, made in the yfar 1778, who fliall have the privilege of difpoling of the fame within the fpace of three years." The words of the law were given, to enable every one to judge for himfelf. A large body of men, who were deemed to hold principles and poflefs difpofitions incompatible with th? fafety of the Commonwealth, were by the fame law excluded from returning to Maflachufetts : A lefs obnoxious clafs was allowed to reiide upon obtaining a licence from the Governor, which was to continue no longer in force than till the meeting of the next aflembly. Yet, the treaty ftipulated, for the reftoration of all confifcated rights ; and for the admiffion even of thofe who had borne arms againft the States, to folicit reftitution ; and for a revifion of fuch a6ls of af- fembly as prevented reconcilement : The treaty exprefsly provided, moreover that there JJiall be no future confijcations ; and that no perfon (hall fuffer future damage for the part which he afled during the war* it was furely a commendable rule of the old : * : [ i»3 ] old-fafhioned writers on the lav of nations, tTiat plain words Diall be conftrued according to their ufual import and that juft agreements (hall be ex« ecuted according to the obvious meaning of the Contra£ling Powers. But, to exclude men, who ought by the treaty to be admitted ; to deny refti- tution of thofe rights, which were to be reftored to former owners; and to add additional penalties to laws, which were to be made more confident with juftice ; all thefe are the novel conftruftions, which our faihionable Fhilofophers recommend to be given to our American treaty. Confifcation, fays Bacon, is the aB of transferring the forfeited goods of criminals to public ufe. The Legiflative declaration then prefcribed merely the mode : The fale of the confifcated property and the application of the price to the fervice of the State formed the real transfer of the goods to the public ufe, much more than the law. To provide by treaty, that no additional modes (hould be ena£led, at an epoch, when there remained no perfons, or things, whereon fubfe- quent laws could work, was furely no reafonable a£l. The exprefs ftipulation, that there (hould be no future confifcation ought to be therefore con- (Irued, fince it was certainly meant, to (ignify no future appropriation of the forfeited property, and every detention ought to be deemed a new transfer of the things to be reftoreU from the ob- noxious individual to the more delinquent (late. If candour is as laudable as a virtue, as chi« canery is defpicable as a vice, the avowed con- duci ':'^-^'*fi^P'fr)r'^''^^i^'~^ [ 184 1 d\i6k of New York mud be much more approved, than the pretended compliance of South Carolina and MafTachufetts, or even than the contemptuous filence of other States. They have all refuftd vir- tually : But, to deny bluntly is at lead more manly than to feign a fulfilment which is not meant. — After two months confideration, the New York aflembly refolved, on the 30th of March, 1784: " That, as on the one hand, the rules of Jullice do not require, fo on the other hand the public tranquility will not admit, that fuch adherents, 'hiio have been attainted Ihould be reftored to the rights of citizenfliip, and that there can be no reafon for reftoring property, which has been confifcated, «s no compenfaiion is offered on the part of Great Britain, /or the di47}iages fujiained by this State from the de- vacations of the war : And that, while the legifla- lure entertain the higheft fenfe of national honour and the fan^ion of treaties and of the ^'eference, which is due to the advice of the Unil- tates in Congrefs, they find it inconfiftent with their duty to comply with the recommendation of the faid United States, on the fubjefl of the 5th article of the Definitive Treaty ; Therefore refolved by both houfes, that the Governor be defired to tranfmit ihefe refolutions to Congrefs." This is a language, which cannot be made plainer by commentaries.* While • The New York AfTcmbly, in parfuance of their prin- ople, paflcd an aft on the 12th of May, 1784,—** /ar /-fr* J^tedy JcU tf tht forftittd ejiatti-y And the commiflioners of ■ • [ .85 1 While this intemperate fpirit reigns in the American legiflatures, we are apologetically told, that many rffu^ees have been reflored in differerU parts of Amtrica, \ ' ' •' >" ' ' - " , It is admitted, that a few perfons may have been redored to fome of their rights, becaufe having been moved by confideration of age, of fex, or infirmities, they had committed no greater crime againd the Commonwealths, than that of defercing them, when danger approached. — Rut, thefe are not th^ faithful (ubjedls who were prompted, by their fpirit, to face tumult and bloodihed \ and who were engaged, by their loyalty, to rifque their perfons and property by drawing their fwords, in fupport of the rights of Britain. And thefe laft are the men, whom we have feen expelled, and ex- cluded, and deflroyed, by every mode of perfe- cution, contrary to the mo(t folemn treaty, in the face of the world *. Bb The of confifcation advertized on the 4th of June, 1784, variou* confifcated eftates for fale at a fiKure day. [New York Journal, of I ft July, 1784.] • Several of thofe loyal perfons, who have returned to the United States, fince the peace, were arretted by Americaik creditors, though their prcperty and credits had been taken away by the State. Other loyal perfons, who remain in Britain, are fued by the American creditors here, though the confifcated effeds had been appropriated to the payment of American debts, and they are difqualiiied from fuing their debtors in the American courts. Thus, were the friends of Britain thrown into the bed of Ptocruftei. [ i86 ] The mind is naturally led to compare times, either happy, or difaftrous, which fcem nearly alike in their political features. King William had fcarcely atchievcd the Revolution, when the perfecuted Proteflants of France looked for (helter in England, in confiderable numbers, and found it. In the fate of unhappy (1 rangers, who ran thus under the wings of England, the Parliament interefted themfelves, and thereby gained for Eng- land the celebration of the world, by bountifully fupplying their needs amid greater em barraffments of war, and finance, than have occurred at any time fince. The Irilh nobility and gentry, who were attached to England, and fupported the Revolution, were attainted by the Irilh Parliament of the abdicated monarch, ec^ually fought pro- te£lion at that aera from England, which was ilill tnore amply given by Parliament, fince their claims were ftronger* ' " Three thoufand five hundred French refugees, afked the charity of the nation ; and received j^. 15,000 a y^ar, during King William's reign:* On the other hand, the Irifli loyalids, claimed from the judice of pailiament, and from its equity re- ceived not only immediate aid, but ultimate com- ptifation-t The * Com. Jcurna!, 10 v. p. 116. Hid. of Debts^ part ii. p. I. t-,»r -■ f Com. Journal, 10 v. p. 204. — 12—217—29. Vol. 13, p. 291 — 3. Vol. 15, p. 36— 48— 6H — 344. [ ««7 } The French were refugees : The Irifh were /oy- alijls. But, in what a more favourable light, ought every friend of the Britifli empire to regard thofc meritorious fubjefls, who far from (hrinking from danger, amidd the late troubles, or concealing their (entiments, fupported the rights of the Englilh Government, with their property, their talents, and their arms \ and have thereby incurred the forfeiture of their eRates, and remain (lill in ba- ifliment without hope of reftoration ; as the Ame- rican alTemblies have totally difregarded both the treaty and the recommendations of Congrefs. Yet, (Irong as their claim is from the irmerits and fuflFerings, it is greatly ftrengthencd by the folcmn promife of the King and Parliament. Their na** tural inclination was ftrengthened by the Parlia- mentary refolutions of 1766 *. Their ardour waj incited by the Secretary of Staters private inllruc- tions i whereby Governors were exhorted, to offer every encouragement to thofe^ who appeared in principle adverfe to the proceedings of the malcontents^ Their apprehenfions amid dangers were removed, by the Koyal proclamations of Auguft, 1 775 ; which gave affurances, " that none ought to doubt the pro- teSlion, which the law will afford to their loyalty and zeal" And , after all thefe previous incitements they were called forth into a6lion, by the mani* - B b 2 fcHi* ^ Com. Journ. ;o vol. page 603. Wherein we nay fee the Commons refolve : " That tho/t lijal fuhj«S$^ nnho ka4 ajjifttd in carrying tbt AUs ef Parliament into txeeution, turi tntitUdtt the prote&ion ftndjavour t/that Ho^ftt* \-< fefto of the Royal Commiifioners, in June, 1776, which declared, ** That due confideration (hall be had to the meritorious fervices of all perfbns, who (hall aflift in reftoring the public tranquility, and that every fuitahk encouragement /I all be given to thofg xahajhalt promote the re-eJtahUftiment of legal govern' nent'* And in this manner ««ras the faith of the King and Parliament pledged, and the pride of the people engaged in the face of the world, to grant honed recompence to American hyalijis^ as foon as— *• diligent and impartial enquiry'* — Ihall have cllabliflied the truth of each particular claim. — Yet, candour ought frankly to confefs, That it was not to have been expefled of men, who had given mutual wounds and received mutual injuries, that they would foon forgive or forget one another. And from this a6live principle of human nature, wife men early inferred, what experience hath re- cently proved, that the treaty, in refpc6l to the re- covery of contifcations, would never be executed. Governments, at lead ancient ones, have learned* to fupprefs pafTion, which would difable them from difcharging fuch eflential duties, as the red raining of the refentments of individuals, and the granting of univcrfal right. In this confiderate fpirit Great Britain has a^ed fince the epoch of independence, with rerpe6l to the United States. What returns the American Government have made in thofe cooler cafes, wherein their fenfe of injury did not lead their l^giflatures adray, it is now proper to afk. .. [ 189 ] 1 The treaty of peace (as we all know) expreFsIy fiipulated, that there Jhould be no lawful impediment to the recovery of debts^ on either fide. It required, as it is faid, no fmall addrefs and perfeverance to procure this falutary Hipulation from a people, who have never been famous for facilitating the pay- ment of debts. And the time is now come, when we ought to inquire how they have performed it. In Georgia, the Chief Juftice, with his affociates, de- termined (as hath been already (hewn) that a Pritifh Merchant^ being an dXxcnfriendy could not maintain an aflion for debt, though they had pronounced, with the fame breath, that the laws of England had been fludded into the Georgian fyjlem. The South Carolina Affembly with a bolder fpirit pafled an a£l, on the 16th of March, 1784 ; for preventing the commencement of fuits for debts contrafted by any citizen previous to February, 1782; and for poftponing ultimate payment by ff^veral liquidations till January, 1789. Urged perhaps by the fame neceffities the Noith Carolina Affembly paffer' an aft, in May, 1783, to prevent the recovery of debts theretofore contra6led, till after the expi- ration of a year. Equally neceffitous, but perhaps more confident, the Virginian Affembly paffed an aft, even afier they had received the Definiiive Treaty, " to fufpcnd the iffuing of executions for four months from December, 1783, and to the end . of the fubfequent Affembly." The American Le- giflatures, who may have concurred with ihefe States, ill fimilar meafur^'S, may equally plead, ihaf; [ '9° ] that the neceffity, which drives^ defends. Whether Grotius or Puffendorf, Burlamaqui or Vattel, would have admitted this juftification, for an evident breach of a pofitive treaty, is a queftion, which it is not at prefent worth while to afk. Colonel Hamilton, the ConBdential Secretary of their own WaQiington, has told the i^merican citizens, with a loud voice, on the authority of fomc of thefe jurifls: " That the wilful infra6lion of a fingle article annuls the whole, fince every claufe mud (land, or fall together. If Britain (hould regard the treaty as broken, — can we renew the war ? We know ; and all the world knows, it is out of our power. — There is a certain evil attends our intemperance, namely, a lofs of cha- rafter in Europe : For our Minifters write, that our condu£l hitherto, in this refpe£l, has done us iuBnite injury; and has exhibited us in the light of a people, dellitute of government, on whofe engagements of courfe no dependence can be placed *.'* "We have been thus led round a circle of large circumference, in order to come at the general refult, which has been in this manner dra'Arn by Phocion. And it muft now be admitted, that there ought to be a ftrong neceflity, or a very apparent ufe, to juRify the meafure, of entering into • Seethe tuo pamphlets of Phocicn ; which were ex- prcfsly written by an able pen to give efficacy to the recom- iaendations of Congrers. [ '9« ] into a new treaty with States, who have not even by their own acknowledgments, performed the old. Of the exiftence of that neceflity, or of that ufe it may be proper to make a few remarks. The ftipulation, which exprefsly promifed, that there ftiould be no lawful impediment to the re- covery of debts, has been attended, as we have feen, with no great efFed, in the pra^ice of merchants. Wife men, who had feen, during every age, the fame necelFities prevailing in the Colonies, whofc Legiflatures threw in fimilar obftru^ions to the recovery of debts, have been heard to obferve: That the only point of commercial policy, which had the fcmblance of utility, w^ould be an eflFe^ual provifion for the fpeedy liquidation of debts, which mud always be due from the American States to Britain. And doubtlefs a ftipulation of this kind (if we had any fecurity for its performance) would be of great importance to a commercial people, who have never fet any bounds to the number, or length of the credits, which they have always given to thofe diftant cuftomers. In confirmation of that remark it has been moreover mentioned, as the greateft infelicity, which perhaps has refulted to Britain from the independence of her colonies, that it had virtually repealed the ftatute * -, which enabled Br'itilh merchants to prove their debts be- fore any Mayor of any corporation, and fubje£l:ed ^1 property to the payment of all debts. . The 5 Geo, II. ch. 7. ( 192 ] The obfervation is in fonie tneafiiie jud : But the inference cannot be admitted in all its extent. It has been ellablifbed sa a foundation, whereon much may be built, that the United Slates had viftly eftablKhed it as a rule for the government of their courts of juftice, to regard all laws of £ng^ land theretrjore uled and apprtrved, as Jlill in force.. But, the ftatuie of George II. beforementioned, ^h^d been long ufed and approved. And unlefs the Judges, in the abfurd fpirit of Walton, the Georgian Chief-juftice, do violence to their own f^dem, that law mud be allowed in every tri- bunal ; not from the vigour of the Britifb Legifla- ture, but from the wifdom of their own adoption, 1 he eflablilhment of this inference, however, and the introdudion of a convenient practice under it, mud ultimately depend on the temper of the Judg(^ and the approbation of the people. The Ameri- can lawyers before they admit, or rejed, a con- druflion, which mud prove beneficial to both countries, would do well to remember, that the Courts of Wedminder-hall have been lately em- powered, by the LegiOature, to facilitate the fuitors and logivefcope tojudice, by fending com midions to every corner of the earth, to examine evidences and to procuie proofs. Great Britain and the United States, from their mutual dealings, are < equally intereded in this great improvement of juridical forms, becaufe it may often be equally convenient to bring tedimony from America to Biitain, as to fend proofs from this country to that. And [ '93 1 And thus may the apprehenfions ol merchants be calmed on the intereHing enquiry, how their Ame- rican debts are now to be afcertained. t ,.;. ,.]..,uu Were an intelligent perfon defired to (ketch a Commercial, Treaty with the United States, having fome regard to the foregoing confiderations, he would probably find himfelf extremely perplexed to difcover or to create (lipulations, which lead to any u(e, or which are dictated by any neceflaty. Such a perfon would probably recolle£^, that it is fome neceflity or fome ufefulnefs, which ought to form the bafis of all commercial treaties : That every nation, having a right to judge of that ufe- fulncfs and of that neceffity, may approve or re- je6l: the equivalents, which had been offered for requefted immunities, without giving caufe of offence, or reafon for explanation : And that to efta- blifh again by Treaty what had been formerly efta- blifhed by law is no reafonable a6lion; any more than it would be a wife meafure to make a new aft of Par- liament in a cafe where an old one already exifted; which abilra£led from its legiflative indecency, al- ways crhates doubts and introduces difficulties, that did not exi{l before. Were fuch a perfon afraid of the ridicule, which generally attends thofe, who gravely propofe to do that which had already beea effeftually done, he would probably be induced by his fears, however he might be governed by his pru- dence, to conlider, whether the laws have not more amply provided for the eafe and freedom of the American trade, than the Treaties, which the United Srates have concluded with Holland and C c n France I [^94] France. And when he turned his attention td the aClual (late 6f the commerce between Great- Britain and the American States, as it has been lafdy regulated, on liberal principles, he would perhaps difcover little to amend, and confequently little to propcfe, ias the foundation of a fupple- mental treaty. ' '" ' ' He to whom fhall be afTigned the difficult talk of making a Commercial Treaty with the United Stages will find his chief embarrafsments to a rife from the regulation of the exports from that coun- try to Britain. He will fee they have been already allowed the free importation, even in their own jfhips*, of all their unmanu/aBured produQs, which includes almoll all their furplufes, on paying the fame duties as are paid on fuch commodities when brought in Britifh fhips from the Britifh Planta- tions. Their naval (lores and their lumber are peculiarly exempted from duties; And they are al- lowed the fole fupply of tobacco on terms of the greateft facility. But, the United States, it feemsj are not content : They deCre to fend all their com- modities to Britain, the produ6lions of their fifliery as well as the produce of their agriculture ; fince they lay no reftraint on the importation of Britifh manufaflures, which thus, they argue, find a pro- digious vent. Yet, both parties will do well to remember, that it is mutual convenience more than fancied reciprocity, which ought to form the bafis of all commercial treaties. Oar • The aft 24 Geo. 3. ch. 16. did not repeal the alien duties, as to goods brought in fortign (hips. [ ^95 ] Our fuppofed Negotiator may be thence led to enquire hew fuch a propofal, were it carried into effeft, would afFe<5l our induftrious claffes, whp all merit protedion, but fome of them particular favour. Such of them as contribute to our defence in war deferve greater attention from the State, than thofe who augment our opulence in peace. Whence, we ought to rank our induftrious people in the following order of merit : The failors are the men who deferve moft of our care, becaufe they arc the great protedors of every other clafs, in the enjoyment of their freedom from the attacks of the foe. The next in onler, and fecond in merit, are our fliipwrights and other artificers, who are connecfted with the outfit of (hips, becaufe they are the builders of our wooden walls, and without them even the gallant elForts of the failors are vain. — The farmers ftand third in rank, if not the firft, becaufe they furnifh every other clafs with food. And the workers in wool, whofe peculiar interefts have been too often preferred to the general good, can only be ranked in the fourth place. If con- venience then be the rule of di (approbation, or allent, in forming treaties of commerce, it can never be right to admit the oil and fifli of New England, becaufe her citizens confume many of the nianufa6iures of wool, fince this meafure would facrifice the interefl: of the two moft meritorious cialfes to the gratification of the fourth. But, let us for the accommodation of argument fuppofe, that the Ncw-Knglanders oiTercd to difregard their ^■•- ' ^ • C c 2 - .•,.;.:•..'! agreement ■V \y, \\ '"¥ ■/■ ■■■■ •w./'viv,i 196 ] agreemcnfs With HoIIana and France, and to admit exclufivelythewooWen manufa6tures of Britain, it may be afked, would fuch a monopoly be for the real intereft of Britain, were it truly carried into effe€l? We (hall beft anfwer this interefting queftion, by diking feveral other quellions. Do not the Me- moirs of Wool in this IQand evince, that the manu- fa^urers of wool have too often tyrannized over every other clafs, and even di(5lated to the Legifla- tiire ; that they have often difturbed the public repofe by their clan]6urs, and fometimes broken the peace by their tumults ? * Did not thefe diforders proceed from the previoi;s impolicy, of vefting| too much capital in one branch of bufinefs, and em- ploying too many hands in one kind of manufac- ture I whereby the fame evil was introduced into the community, as if a wen were on purpofe. created on the body natural, which might begii^ with mortification and end with death. In this view of the fubje£l; would it be for the real ad- vantage of Britain, were the whole world to give hei the exdu/we privilege of fupplying it with th^ fabricks of wool ? was it not prudent in the Le- giflature to encourage the weavers of filk, of cot- ton, and linen, as competitors to the weavers of wool, with the wife defign to draw gradually hands; Jrom a fnperabundant clafs to employments of a fomewbat different kind, whofe numbers fhould no( be fo great as upon any want of occupation to 3Sli: ,3itu;-cv:;i •'•SJ-si.;^:' ^^•i^:*xn.'-; ^ ty ■■ 'r-o:.-'*; "iSi- -, , i. . ...-d : .^ v. -• :i '•■■-^•- ...k. . ,. lead ' r," i* See Smith's excellent Memoira of Wool throughout. lead to grour. fs alarm and even to dangerous 'tumult. May v^e not thence infer it to be the duty of wife Legiflators to keep up continually ah exa6l balance among the induftrious clalTes of a commercial and naval nation, fo that none of them Ihall have too many hands or any of them too few. .:., Would not the fuppofed New England propofal counteradl thisfalutary policy, and neceifarily tend to introduce an evil rather than a good ? And thus have we difcuHed in a paragraph a difficult fubjedl of political ceconomy, which ought indeed to occupy a volume. But however free and advantageous the com- merce may be between Great Britain and the United States, the rights of trade between the two tnother countries gives no pretence for traffic with colonies, if we may rely on the weighty decilion of Montefquieu, or the ftill weightier diftates of common fenfe. Like the fyftem of other European powers the laws of Great Britain forbade all foreigners to trade with our tranfatlantic fettle^ ments : Our Government relaxed the rigour of thofe laws, in kindnefs to our Colonics and favour to the American States. Yet the proclamation of the 2d of July, 17831 is faid to have ccme upon both as a thunder clcp. And"«the moment of furprife had no fooncr pafled away with the cloud, than modes of circumvention, and even nieafures of recal were "purfued with the ardour of men, who are urged at once by faflion and intereft. The arts which }iad produced the Colonial revolt were naturallv . • ' adopted. J ■''■« % %,' 1 *t ',*' [ ,98 ] ^ adopted. And inftigatory letters were written to the United States as well as to the Weft- Indies, to join in concerted clamour and to adopt various ineafures to gain their different ends. But, in- trigues, which have been detefted and expofed, are no longer dangerous. And the admiffion of the American veffels into the Weft India ports muft be gained by treaty, fince the force of threats have failed. It is now time to aflc what are the equi- valents which they offer for the boon that they beg ; as in every operation of commerce fome- thing muft be given for fomething. The American States have precluded themfclves, by treaty, from granting to Britain any peculiar facility in trade. It has been fuggefted rather than Ihewn, that the grant pf any exclufive fupply of any of the manufactures of Britain would be hurtful rather than beneficial to her genuine interefts ; would be an evil rather than a good. But, we offer you large markets for your manufaQures, fay the Ame- rican States : We give you large credits, fays Bri- tain ; Britifti traders furnilh you with capital, in proportion to the debts you detain from them ; and they open moreover an extenfive fale for all your unmanufadured products. Are we not cuftomers to your tradeftren for the annual amount of three •' million, nay of fix million, of llerling pounds, fub- join the American States : The queftion is not, Bri- lam replies, whether you are a ^reat cuftomer, but wl?cther you are Sigood one : ^litilh rnercbants have . . . fenle A't /■■; [ 199 i fcnfe enough to know, that they grow rich by fuppling not one great cuftomer, but many fmal^ one's : Kritifh Statefrnen fee clearly etiough, that neither the intcreft nor fafety erf a manufacturing country can ever confift in trafficking with one community to fo vafl an extent, that any acciden- tal failure, or purpofcd non-importation, would occafion outcries and convulBons ; wherfeby one of the greateft of nations might be fubjeded difgrace- fully to her cuftomers and debtors. - — - -r- - It muft afford confolation to every hone ft mind to be informed, that, in the prefent ftate of Aoie* rican trade, it is plainly impoffible for the Ame- rican States to take any legiflative ftep, without promoting the commercial intereft of Britain. Were they to ftop the whole of their exports to the Britifli Well- Indies, they would thereby give a bounty to Canada, Nova Scotia, and Newfound- land ; and they would by this means force Britain into that fyftem of fupply and navigation, which ihe is prevented from adopting fpontaneoufly, by the prejudices of the many, rather than by the reafonings of the few. Were the United States to impofe taxes on the import of Britifh manufac- tures, this flep would equally lead to the leal ad- vantage of Britain : If the taxed articles Hiould be necelfaries the American confumer would pay the duty : If they ftiould be only luxuries, which the American citizen would do well not to confume, Britain ought not in prudence to fend the goods that cannot be fpeedily paid for. If the Congrefs mould '#' ".« a. 7 1 m:[ .- I > ', S- 1^ ' "^'w; [ 200 ] fiiould be even ensibled to go the full length ofy <^na£ting, that the State^ which will not treat, Jhall not IradCi tbe intereft of Britain would equally be pro- . moted : For, to the amount of the neceflaries, the Qierchantsof Britain would continue to fend, as, ;^' they fent them during the war, by Flanders, by Holland, or by France ; whofe wealthier and more l^nn^ual traders would become our paymaders, J i. who are niore under our eye : And to tranfmit the ^ United States greater cargoes of fuch luxuries as they do not want and cannot poffibly pay for, can bCfjufiiBed by no maxim of mercantile policy. 6y> prudent perfeverance, in meafures moderate and. juft, much has already been gained. To derive every i^poflible advantage from the American trade n o- ^"v thing more is wanting, than for the nation to be V. quiet and the Parliament to fit ftill. For, the in- ", itereft of individuals on both fides will finally re- gulate the demand and the fupplies, without the interference of the Le^iflaturc, or the help of a commercial treaty. ^,: "V- f&p,u'.imi .n- £/■• J ■ ,,H-'-i f: ■»'' .?* ■'J': m 1 r •ill! ■;,*/ F I N I S. ;ati;J ;' f ^ H-5'^ /! f-- * i ■-■■ jMk ^>.- i>- ind ery no- be in- re- the i>., 'i§