IE INVESTIGATION O F Mr. EDEN'S TREATY, AS IT MAY AFFECT THE COMMERCE, THE REVENUE. O R THE GENERAL POLICY O F great: BRITAIN. LONDON: tin FOR J. DEBIi.ETT, OPPOSITE BURLIKC HOUSE, PICC.\DyILLV. M,DCC,LXXXVI I. " * ' -R .,.;. >- < eo n33 SSP Sax COMPLETE INVESTIGATION O F Mr. E den's treaty. Z T^ H E Treaty, which it is the objeft of ^ A thefe Remarks fairly and candidly to *^ difcufs, will be readily allowed by every per- fon at all intelligent in the Commercial or Political Syflems of this country, to contain regulations at once new and important. Their j novelty will be an excufe for a jealous, though t impartial inveftigation ; and the magnitude of I their objedt will be a juftification for the mU J^ nutenefs or elaboration of detail, in which aa enquiry of this fort demands to be involved. 6 Som 3546 J 41 ( ^ ) Some of the oldefl habits which have pre- vailed in this country will receive a new di- rection by the operation of this Treaty ; many of its ufeful fuperftitions will be Ihaken, and its moft fixed principles fubverted. It is not meant to be contended that the opi- nions of our anceftors are infallible, or that innovation is always criminal : but this much will furely be acceded to us, That of all the fubje<3:s upon which the human judgement can poffibly be exercifed, there is none which fo much demands that its principles Ihould be deduced from fa(ft, and be fan(^ioned by ex- perience (in cafes, that is to fay, like the pre- fent where faQ: and experience are pradicablc jto be obtained) as commerce. It will at leaft, therefore, be confidered as a firft prefump- tlon againft the wifdom of a new fcheme of commercial regulation, if it fhould be found to militate not only againft the traditional theories of our forefathers, for that would be of lefs confequence, though not totally to be defpifed, but the fettled habits of their prac- tice. It will be held perhaps to be fomething rmore than a mere prefumption againft the < prudence of fuch an innovation, if it Ihould further appear that upon the obfervance of that particular principle, which it immediately tends ( 3 ) tends to deflroy, has uniformly depended the wealth, induftry , jJid^ commercial ^prpfperity of tlie country. - It will be the objeft therefore of a few of the enfuing pages to demonftratc this pofition from hiftory. That in the proportion as the trade between England and France has been open or Ihut, have the interefts of Englilh commerce flourifhed or declined. It was not till the reign of the Stuarus, however unpropitious their principles threat- ened to be to the political or conftitutional government of the country, that the com-^ merce of England began to prevail to any confiderable degree; it flourilhed under the difturbances of thefe turbulent times, becaufe in the midft of internal conflidt and diforder, many falutary regulations were made refpedling it. Amongft thefe, a free trade with France was certainly not of the number ; on the con- trary, the ports of both countries were mu- tually fhut to each other, and all commer- cial intcrcourfe was to the full as fevcrely in- terdicted as it remains at this day. B 2 After ( 4 ) After the Reftoration, when French man- ners, fafhions, and principles were introduced by Charles the Second, the idea of a trade with that country became the prevalent ca- price of the day, and was encouraged with infinite zeal, by the profound affemblage of gay politicians that furrounded that prince. About the year 1675, however, the attention of the nation was ferioufly called to the flate of its commerce by a very remark- able circumflance, which alarmed all the ' ftatefmen in the country, and which is taken notice of by all the writers of that period, viz. a univerfal fall in the landed eflates all over England. After an accurate inveftigation into the caufes of this event, one remarkable fadt V prefented itfelf to the obfervation of fuch as \> /^had taken the pains of the enquiry, that the *" \y j trade with France had grown to fuch an ex- travagant extent in articles of mere luxury, and the balance of exports and imports fo enor- moufly againft England, that the drain had become more than the nation was able to fuf- tain, and had proved the real fource of the evil complained of, an evil which had not only operated a vail diminution of our com- merce, but a mofl alarming danger to the more immediate and vital inteieft of the empire, 1 the ( 5 ) the Landed Property. Many able merchants drew up a ftate of the trade between England and France, as it flood in the year 1674, which is flill to be found in the books of the Cuftom-houfe, and which was prepared by order of the Commiflioners for concluding a Treaty of Commerce with France. They ftate, that the value of all the goods exported to France from England amounted to 171,021 6 o While the value of the imports fromFrance amounted to the enormous fum of 1,136,150 4 o Balance againfl England . 965,128 18 o Thefe Commiffioners, who appear to have been men that underilood the nature of the duty to which they had been delegated, and were determined to execute, with virtue and patriotifm, the objccft of an appointment which they comprehended with perfpicuity and precifion, conclude their report thus : *' By the above account, your Lordihips will perceive that the linen and filk manufac- tures only, imported from France^ amount to ( 6 ) to upwards of eight hundred thoufand pounds; and the manufactures of wool and filk ex- ported from England thither, do not amount to eighty-five thoufand pounds. As alfo all other commodities of the produdt and manu- fatTT^/. ad va- loretrij even though the importation is mutual. D That ( is 3 That Harnefs, and every article of Hofiery and Sadlery might have gone from England to France, paying only a duty of 5 -per cent, while their importation of limilar articles flood diredly aftd pofitively forbidden with England. That by the treaty of Utrecht, the French engaged to abolifh the farm of tobacco ; or ii> other words, to give to our colonies the mo- nopoly of their market ; an immenfe advan- tage, for which, by this latter treaty, we have received no equivalent, nor feemed to exped: a compenfation.- That by the former treaty, cottons might "have been fent to this country, upon a duty of ^ per cent, while it refled with us to put what duty we pleafed on the importation of French cottons ', whereas the importation duty is now 12 per cent, ad valorem, and the right reciprocal. That neither the letter nor the fpirit of the Navigation adt were at all infringed. And that the injurious diftinftton in favour of France, known by the name of Droit (^Aiibaine,. was fpecifically and unambigu- oufly abrogated. Such are the differences: between the two treaties, and fuch the increaf- ed motives for alarm that belong to that ex- ecuted under the prudent aufpices of Mr. t Eden.^ - ( 9 ) Eden. Under the circiimftances^ then, which accompanied the original introdudtion of the treaty of Utrecht, and which have followed upon' it fubfequently it will appear. That it can with no juflice be confidered as containing any proof of the fufpenfion of that fettled and prefcriptiv,e abhorrence which the inhabitants of this country have enter- tained with refpedl to an open trade with France. But if the inftance were permitted to have an operation beyond what it can fairly claim, and what is only allowed it here for the fake of argument, it could only prove a difpofition on the part of the Englifh for fuch a degree of intercourfe with the French as was permitted under the terms of that treaty, and could with no propriety be addu- ced as a fandtion for the fo much more enlarged, expanded, liberal amity of com- munication, which is extended to them un- der the influence of Mr. Eden's new fyftem. Was, it weak fuperftition, or corredt and well confidered" policy, that prevailed with our anceftors in this unremitting dillike to too near a contad: with the French ? What anfwer can be given to fuch a quef- tion, but a reference to the events which have. D 2 taken ( 20 ) taken place under it. The French have fought for a century, with the exertion of every adtive ' and infidious policy, to accomplifh this bro- therly reciprocity of connedtion and friendfhip. .The year 1787 will be the firft period of their ] enjoyment of it. Have they been urging this for fo long a fpace of time, and we declining it, with a mutual ignorance on both parties, they of their own good, and w^ of our own danger ? The fadt is, nations feldom err long in points that refped: their own immediate ad- vantage. Cafual prejudice, or occafional in- capacity in their rulers may miflead them for a time; but the regular influence of underftanding and intere^ will prevail at la(l. That which has been anxioufly de- fired by one power, and as vehemently re- fufed by the other, through a variety of chan- ges of government and of circumftances, ' which has been lleadily purfued by every defcription of minifters in the one coun- try, however repugnant in their general politics and as uniformly refilled by every fuccefFxon of difagreeing politicians in the other is evidently to the advantage of the power which feeks, and to the injury of that which rejedts : The uniform prevalence of fuch a fentiment, is the demonllration of fex- perience ( 21 ) perience delivered through the medium of the united fenfe of both empires ; and, if any thing can decide upon the dirc(ftion of their refpcc* tive interefts, this muft. TARIFF, I fhall proceed now to the confideration of that part of the treaty which is entirely com- mercial. The reader will be aware, that in tlie difcuffion of fuch a fubjedt, a good deal of detail is neceffary and unavoidable. No flate- ment will be obtruded upon him here, which can be done without ; but many it will be my indifpeniible duty to fubmit to him. Without thefe, he can neither know with any precifion the extent and nature of the advantages which this country is reprefented as being likely to obtain from the prefent treaty, nor the degree of expence Ihe is to pay for them^ if obtained at all. One obvious idea mufl prefent itfelf to the mod carelefs obferver on this department of the fubjedt, namely, that the Four firft articles of the tariff contain ftipulations in favour of France, [ for which the moft remote appearance of a reci- procal advantage is not fo much as pretended. They llipulatc in thcfc articles to rcferve to themfelveg TARIFF. themfelves the poflefllon of our market for their Wines, their Brandies, their Vinegars, and their oils, which are all the ftaple produce of their own country, and in which, fo far from having an equivalent advantage, we cannot have the moft diftant degree of competition. It would have been natural,' in fuch a fitua- tion, for the minifter of this country to hav^ inlifted upon fome fpecific return, fome per- manent benefit, in compenfation for fuch ex- traordinary conceflions. The pretended prin- ciple of the treaty is reciprocity how then is it, that, in the very commencement of it, wc fee no lefs than four diftindt and capital ad- vantages conferred, for which not only not an adequate return is made, but no return at all ? But it will be faid, perhaps, the counterba- - lance to thefe advantages is received by us in the remaining part of the Tariff. No fuch thing. In every other part, the Cottons, the Woollens, and every other article of trade, permitted by the treaty to be reciprocally im- ported, have the market of England opened to themupoja the fame t^rms on which the market . of France is opened to the correfponding arti- J cles in England. The fuperior benefit to ei- ther country, therefore, in thefe points, mufl depend ( "-i ) TARIfr, depend folcly upon the advantages of their internal fituation fuch as cheapnefs of labour, cheapnefs of living, comparative exemption from taxes, &c. With refpe|ij fumed in England. It is impoffible to n vd [jjb:7;.:'-| o-'J Jixv/ ^:lo: laq A variety afrcnrcumftanc^s concur to ttia%i this latter fuppoiiuemeiy. probable, o/ft >;t'i3Eb) which will amount, upon the whole annual importation of Port wines, to the fum of So,702k 9s. id. and muft be added to the other two fums I have already mentioned, to make jip the whole of the annual lofs fuf- tfltincd ta the public by the x)peiation of the treaty. xioi isq ttoa amh? iThere^are a great variety of pleafant and flrong wines from the South of France, which have been hitherto prevented fcpra making their way into England by the enormous duty which has been indifcriminately laid upon all the wines of that country. When 15I. per ton becomes the only difference of duty, wili there not be great reafon to expe^fl, ifhat they may be had in England much cheaper than the wines of Portugal ? ,.^-, , ,. i > Very very excellent Langgedoc wme, of a (trcngrh, nearly equal to Port, and oif infinite variety m its colour and flavour, may bei Dur- chaied upon tne fpot at 14I. per ton. ^^'Tht'pnme coft of a pipe of Port is dbo6\ nsH? lot) ,^Dnflni rtti^flt noM.we add the propofed duties to the^fe, the fprfrjcr will ftill be confiderably ch^^per-thwi the latter. -' :;:".^( "New French duty - - 45 19 r^ $r)V?coft.pertopi)yni tjHB .iji H o NcwkPortugal duty - - 30 12 10 Prime coil per ton - - 34 o i> ..... AZB^s^lq . 64 ifti 10 doiilw ^,90Cte'.' 59 1.9 2 ^iiic-i ^ . -TTm iJifl^ercnce of price altogether - 4 13 g Tp j^Jijsijh; h ftill farther to be added, the dif*- fcrence r of freight and infurance between Opprtp iyi|id Bourdeaux, which is confiderable *. * Tncyrtuftft are alfo improving their advantages, Int" ahoii&img: cditiin internal dutie*, which their SviwiKivi* hitherto paid. ' ^ F2 It ( 36 ) " aR1FF, "^"iPTOffES, -^ft may however l^ai^esi^^^odvhas^fiiuifio^^ beeh ftronglf zWMti,'^kik ^^^ Jaftcbf. this country {i'f&^tdd^mfW&C^(m acf ^Eort wine, that evcniW^Wefmc^^ t^lv1petmnoB.^\Lt diity will be quite fui^Lcient to continue the importation o it in guandties lie Wl^ equal to what prevail at prefeiit;-''''\^^'^ ^^'^~'\^'- Py-^' '. ---- .-l;..1:o^ to irAj ha^ ^3>?*rti This reafoning neceflarily adro,\ijs ^Afd^V j^a^PjOf .^J^e.^ yevenu^ ^r ,a, lofs of ^uty to ^^he -utmofl extent of what has been above flated ; i. e. ,of one-third of the prefent duty upon the whole quantity at grefeht ina- ported, together with the lofs upon the French duty, to. the amount of 181,5031. />^r^>z"w. But the princijl!^^is^ Certainly contradi<3:ory, both to the fuppdfitJbh^^f the treaty itfelf, arid alfo to fuch fad:s as hiftory furriifhes us with upon the fubjear;-"^ ^^^'^'^ ^^} n^dw ,. The^treaty clearly fuppofes the diminution of the duty upon the wines to be an a^Vcintagc to France, by increafing their ^xpqrtajiiqn, of that article^ It would havej^eqn idl^^hi i^f.?; to "haye aiked in Us, and us to have granted, a re- - dudtion of duty, if her exportation^ were ftot chequed by the high duty at prefeBrt fiibfift- ing tipon them. As, howeveri'^fitt^^ffiflban^ fpr wine is at prefent fully fupplied, "''it is clear. ( 37 ) XAUIFF. proportion niui]t,wrid^94ift oyriij^^ft^^ fame conraio4itk5 fero >tiier,^yft^i9,.^ j^,^ treaty is, that the French wine trade mu^^n- creafe, and that of Portugal undergo a ^opor- tionable diminution. ..aX '' l^am enabled by a refort to hiftory tb-^Bi^m a very tolerable eftimate of 'tlic' Sfegrfee^^of rctran^ there is to be placed upon a fuppofed preference of national tafte in this countjry tm Favour of the wines,^f Portugal. ' . -^ ' -^p , IC51/TO iniiorpB The Journah of the Houfe of Cpmmons - furnilh us with an account of the ini porta- Mons of wine as they have, ilood at different periods,- when the trade was open, when^ k was abfolutely prohibited, or when it was loaded with high duties;' and from thdfl it is '^emonftrable, that national , tafte dianged '^eJCadiy in the proportion as the ; commodity 'waf-clfeki'-^ cH w . if^.^j^d^Wjith France was open, and the ini- hnrAS^^^9P oCF^^"^^^ w^"^ " ^" average, -*^.-inqu,. .I'm ni, jjj^l . .'5545 J r> i ^ ) .T^R.IFF. WIKES. Fairing the fame period) the-^v^ra^nsuoi^' portatioQ of Portugal' wih<4'Wa8ns Jjsrirf ^ From the year 1679 to the year 1 6%5lj^ 'Hb^ij .. clufive, the trade with France wa&p^-daiiiw k'lchibited, and the annual importation of^ ^10: Fortugal wine was 'i-no e - 6880 fjqip the year 1686 till the year 1695 nr inclufive, the trade with France was mails open, and the importation of French wine amounted annually to -.-rr v5l;340i During the fame period, the importation of Portugal wine amounted, on aii> average,,^!^,^:^. rifurfiii-t arins.n tjiifi \.vi:ri*&f' And upon th^^tracIe^tK FfanceBefng ^gkiifi^ ia King William's time, laid under prohibi-'' tory duties, the importation of French wine decreafed to nearly the fame quantity that has been, and is now annually imported *. * Account of French and Portogal Wines imported during tl>e-6rlt|)eriod. Fr. fort, tons. i75 J676 1677 1678 7495 9645 fiiz tofis. 20 83 176 199 m^^^-Tfe Some account during the fecond period. Fr. Port. 1679 1680 1681 1682 1683 1684 1685 tons. 3 tons. 1013 1003 1718 13860 16771 ii6ir 1288c 5586i Some account durmj the third period. '"< Fr. Port, tons. tons. 1686 12670 286 1687 15518 327 1688 14Z18 448 168^ ^11109 .^79. riot/m worf ( 39 ) TARIFF. WINES. r . Froia thefe fa<9:s, joined to the fuppofitioa admitted and \j\iftified by the article of the treaty itfelf, I am led to concur in the opinioA which evidently prevailed with the negocia- tors of it, that, the lowering the duties oit ' Portugal wine one-third, will not prove, irl any degree, a protedion tb the iihporters df them. .rt;>J'>fa - This, fhen, is thtii'l^tlaation ih wMc'h "w^ iland, -with refped: to Portugal.-^If th^'dtjtti^ parative confumptiort 'bf the Wines of that country and France remain exaftfy the Tiitl^ in Gsreat Britain as it ftands at prefent, th'<^ revenue will be injured tojj^^.pjio^-ai, uearjy 2oo,oool, per aimum,,,i ^^^ ;,83ijyh YWt If, as is the much more probable alternl^; tive, the wines of France in their ftate of re- duced duty, ihould driye the inferior oiies of Portugal out of our market, the conik^^sk Win bfe^the lofs of the Portugal trad^ ^;;^, ."5ro this View of^the fubjed I fhall novJ.proiw ^^d^and Hate fuch fads as may convince thc^ puBll^ -of its importance, and fatisfy them how much wc put to hazard by the probable ffc6ts of this indulgence to France. The < 40 ) TARIFF. The trade to Portugal has viiied at different limes, either as the Portuguefe fucceeded in^ the encouragement of their own manufaftures, or as we have been rivaled in their market by other nations. It confifts principally at prefent in the exports of woollens, fait filh, toys, watches, and other articles f luxury and convenience; to thefe were formerly added, confiderable quantities of hardware; but this laft article has of late much fallen off, owing to our being underfold in the Portugal market by the Fie* mifh manufaAure of that article. This fadt, which in a greaj: meafure accounts for the fuppofed decay of the Portugal trade, was diftindly in evidence before the Houfe of Lords, by the oaths of feveral of the principal manufacturers, and particularly by that of the , intelligent; Mr, GMons, The export to that country is Hill of mag- nitude fufficient to awaken the fears of every well-wilher to his country, under the cafualty of its lofs. By the accounts of the Infped:ors* Books the export of Great Britain to Portu- gal is now higher than it has been for fomc ( 41 ) A-ifLlAr . TARIFF; lM#^^l#^ It amounted in the year 1785 to A^afafl^ Turti than yg6iii^l? 6f which, by fifllich, the greater part M^as Woollens. m*8ut the infpei^Grs' books furttilh a mxidh more fallacious account of the Portugal trade it prefent than they formerly did, when it-^s ''fupix>fed to have been much higher than *^t ^^w is. ' "" '" -- * y r}' 05 srti'^o tho rtalifii } Formerly the Export to t'drtugal was pnn- cipaily carried oii^ftfefe t^fe'^poit' of London; bu: the high port^ld^ftf? u^8riiw!ne, and the high fees of evert iort'{)ayji'ble^t^ere, tbgethier with the circumfltancc of the woollen manu- faflure changing" its feation, arid fettling prihcipaily in Yorkihirey Hkr m^^i'^tfie ports of Liverpool and Hull equal to thar""6f London in this trade. However accurate the account of exports and imports from the -port o^ London may be, nothing cafi beliefs fo. th^ti'^theaccdunt which is kept at the diit ports^ where all the articles are thrown toge- ther, without care or accuracy, into one gene- fa! head:- -^hus, while the infpedors* books ftate littic moreth'an ioo,cool. as the ^ccduht dF our -expeft-t to Portugal fi-om dl the Tbtot ""'^^^ G ports, ( 42 } TARIFF.' ports, it is a notorious fad, that the town of Wakefield alone, fends woollens to the amount of, double the ifom, and that from eight to ten fliips are cleared out from the port of Hull armuall}^, which may be fairly reckoned worth' from tliirty to forty thoufand pounds each. From thefe tonfiderations it is apparent, that the Portugal trade is of infinitely more im- .portance than is generally believed, and that J the conceived decline of it arifes only from the accident of its having changed its locality ifom the port of London to the out ports, where, as I have faid, the accounts are kept with much lefs precilion and diftindt- hefs. But even thefe fad:s will not Ihow the full extbnt of the benefit of the Portugal trade. If any article of export can be more beneficial tp Britain than theexport of her ftaple, an artl- ^ >, cle of the trade to Portugal, which appears in W V>\^ no cuftom-houfe account whatfoever, is that \^:J' y-puQ. I mean the produce of the fifhcry, which is carried on direftly from Newfound- land to Portugal, and is to be found in none j^f th^ eitimates of our exports anjj^impprts. ^D ) TARIFF. To thbfe who are not accuftomcd to conlider tnVinfinite importance of our fifhcries, the ex- tent of this article muft appear enormous, no lefs than 600,000 quintals of fifii were, in the y^ar 1784, fent in Britilli vcffels to foreign ilates from Newfoundland ; and of this quan- tity about one-third went to Portugal. An account of the price of a ^juintal of fifli at Lifbon. J. d. Prime coft at Newfoundland - 10 o Freight - - - 5 o Infurance on cofl, and freight at 3 per \cent. " - - 05 I>uty * - . 39 Commiffion and charges - 10 Of this fum the whole is paid to Britifh fubjedts, excepting only the fingle article of port duty. The prime coft and freight arc the prices of the labour of our fifliermen and bailors, and the commiffion and charges are paid to Britifh fadtors at Lifbon. The port 4uty, therefore, being deducted from the ac- G % count. ( 44 ) TARIFF, count, will leave a Tum of li^iiGi 5, fifliery fold to Portugal, 164,066/. 13 j. 6f the ^tratki^^ f that country, is to be added to every official reprefentatiqn derived from cuftom-houfe elliw.. mates. ;,i V^ With the addition, therefore, of this lafl branch of lucrative intercourfe with Portugal, the whole value of our exports cannot, with any propriety, be eftimated at lefs than^ 1,200,000/. pgr (tnnumi while our impprt3'|| froni thence have rarely amounted, in the fame |:ime, to above 350,000 /. which leaves a ba- lance of trade in our favour of 850,000/. pe^' annum, arifing from the export of goods which afford encouragement to our flaple manufac- ture, and fupplies a moft powerful acceffion tq the Itrength of our marine. Except Wine, the only confiderable article of our imports from Portugal is Cotton Woolen of a quality infinitely fuperior to that of any other part of the world. Of this wc kit yeat'' imported two millions of pounds, 'uv^'"" ' ^^^^'^ ( 4f ) TARIFF. It is Impoffible to expeifk that when, by tl-Ki operation of the French treaty, the Wines of Fiance alfume.the place of thofe of Portu- gal in the confymption of Britain, tho-Portii- guefe wiH; continue to take from us any aflii ' / cles of OWE manufadture. French WooileUs' till lately laid under prohibitory duties. Will Ihe not have grounds for doing tKfc fame by tliofe of Britain ? v.- By the wifdom of the late treaty of peace which extended the filhery ot France in New- foundland, Portugal cai\ be at no lofs to fup- ply herfelf with that neceflary article^ fhould ihe lay high duties upon the Englilh trade; / and every intcreft Ihe has to indicate the leafl: preference to this country is at an end. the mo- mcnt we have ceajed to Reciprocate benefits^ by the rejection or h<^r wines. It is demonftrative, therefore, that this is the choice of evils, in this cafe, out of which the minifter is compelled to make his felediion / He muft either relinquifh a revenue to the amount of 200,000 /. per annum, or place in the utmoft hazard, if not inevitable certainty of deftru(S:ion, a branch of annual export, to the amount of 1,200,000/. in order to pre- iervc the revenue. BRANDY, ( 46 ) TARIFF ,- '^^r^,.- BRANDY. ' ^o We {hall proceed now to another article of the tariff, upon which fuch a redudiion of duty h ftipulatcd to be made in favour of France, ilfcafmot fail, in itsfirftand certain 'operation, moft effentially to affedt the revenue ; and, by its confequences, to produce a moil alarming rinjury, not only to a very valuable and exten-r live part of our colonial trade, but even (by the mifchief which it muft e^^tend to a moft produdiive branch of internal manufacture) prove, in the end, in the higheft degree injuri- ous to the agriculture and Landed Intereft of the Country. The brandies of France, inftead of nine lliil- Vmgs and fixpence -^4> are in future to pay no more than feven Ihillings p^er gallon. Since ^be operation of the a^ of the twenty-fecond of his prefent Majefty, which equalized the cuf- lom duty upon all foreign brandies, little elfe than French brandy has been imported into this country. The fuperior quality, indeed, of the article itfelf, as well as the comparative advantage in the low price of freight from France, over any other competitor,' would have given TARIFF. BRANDT. given to that country the exclufive monopoly of the Britilh market for her brandies, if no new encouragement had been extended to her by the operation of the prefent treaty*. The quantity of brandy, upon an ave^jigQ of the two laft years, which was imported and paid duty, amounted to 2857 tons, three hogf- heads, two gallons or 727,615 gallons. Two ihillings and iixpence, the funi taken from the prefent duty upon this quantity, will produce an immediate diminution of revenue to the amount of 90,981/. 8^. 6 d. This lofs of duty, it is very evident, can on- ly be made good to the revenue by an immenfe encreafe of the annual confumption of bran- dy, or by the impofition of a new tax upon ibme other article. The quantity of brandy confumed in thi& country cannot be incrcafed, without a cOhfe- quent diminution in the confumption of irum and home-made fpirits, or an immoderate In- creafe in the ufe of fpirituous liquors an evil The Mlnifter was fo fenfible of this, that when he, two years ago, lowered the duties upon rum, he left the hij^h duties upon brandy. which ( 4S ) TARIFF^ BRANDV^ which it has been, and ever muft be, the con- flant objedt of a wife and virtuous legiflature to prevent. We will not fuppofe that the minlfters of this country mean to make good the lofs of revenue by the corruption of morals ; or that theymean to bring back again thofe times, when the legiflature found it neceflary to declare, as in the preamble to the adt known by the name of the Gin Adt, " That it was of the utmoft im* ^' portance to the public welfare, that fome *' timely provifion Ihould be made for prevent- " ing thofe mifchiefs, which mult unavoidably *^ enfue, Ihould fpirituous liquors be again fuf- " fered to be fold at a low rate.** If, therefore, the total quantity of fpirits confumed in the country is not intended to be increafed, any increafe on the confumption of brandy muft afFeCt that of rum and home-made fpirits, unlefs an equivalent diminution of duty takes place upon them. The minifter, indeed, appears to have had this in his contemplation, and feems to think it a neceflary and indifpcn- fible policy, that the lowering the duty upon 2, branc{y ( 49 ) r\99^9^ BRANDY. brandy" 'flion^cFt^fecufed agaibit producing^af confrc|tient diminntfon^h tHeufe'df^mm. He has already hinted an inclination to lower the duty upon rum 3 ^. per gallon. 'tr . .- The only principle upon which this decreafe can be founded, is a vvifh to preferve a relative proportion in the conlumption of each article. If this be done, the amount of the diminifhed rum duty muft be added to the amount -of the ftipulated diminution of that upon brandy, as a certain and further degree of injurj'-, to which the public purfe is wantonly expofed. The quantity of rum imported into this kingdom, on an average of four years preceding the year 1777, was 2,375, 176. gallons. During the fame period the export was 655,291 gal- lons. And the whole average annual confump- tion was 1,719,785 gallons. T I: have chofen to feledt thefe years, becaufe in them the importations were moderate. If I had been influenced by any difpofttion towards an uncandid advantage, I might have taken the year 1 785, when the total importation amounted tO-3,<5i4,ii4 gallons; a quantity, as is very H apparent. ( 50 ) TARIJF. BRANDY, apparent, infinitely greater; but, perhaps, partly to be accounted for by caufes not perma- nent in their efFed;, and which, therefore, may not exift equally at another period . Now threepence per gallon on 1,719,785 gallons, will produce afum of 21,495/. ^9-^* !3^ Such is the amount of the reduced rum duty, which the miniller has even intimated his confent to make, in addition to what he has already given up upon brandy. But fhe Weft India planter neither is, nor can be, fatisfied or fecure, under this diminution. It is not fuch as will fecure him again ft the in-r creafed importation of brandy, which, even un- der the higher duties, he found every difficulty to ftruggle with. The late war having fallen fo heavily upon the Weft Indies, having increafed the price of every thing in Britain with which they are fup- plied, having loaded them with internal taxes in their illands, having increafed both the price and the difficulty of procuring lumber from America, joined to the high freights and heavy infurances which they are obliged to pay, has fo confiderably raifed the price of their com- modity^ ( 5' ) Tariff. brandy. modity of late years, that it is quite impoffible that 3 d, per gallon can bring the planter on a fooring with the importer of French brandy. The Weft India merchants, with a modera- tion which does them honour, have only foll- cited a redudtion of 5 d. per gallon, which, upon the quantity already ftated, will amouac 1035,826/. 12 J. id. DISTILLERY. But it is not only the Weft India planter who will be materially affedted by the diminu- tion of the duty upon brandy. f The Malt Distillery will be equally hurt. * It is a fadl perfectly well known, that this branch of manufad:ure, fo valuable to the landed intereft of this country, is already in an alarming ftate of decline. It has confumed, in years paft, no lefs than 500,000 quarters of malted corn. Upon an average of the three years preceding 1782, it confumed fcarcely 200,000 quarters It would be prefuming too much upon a fuppofed ignorance in the rea- der, to point out the immcnfe advantage it is Hz ta ( 5^ ) TARIFF. nSTlLLlRY. to the farmer to have fuch a market for his grain, or to the revenue, by what it pays in its progreffion of different Itages from barley to fpirits. There was charged with duty, on an average of three years preceding 1782, 2,351,534 gal- lons of Britilh fpirits. During that period, however, as the duty was laid upon the walh by a conjediural calculation, which fuppofed that lOo gallons of wafli produced 15 gallons of fpirit ; and as that calculation has been lince found to be erroneous, and, by an ad: pafTed in the year 1784, the 100 gallons of walh arc charged with duty upon a fuppoiition of pro- ducing 20 gallons of fpirit, we muft add the difference, to difcover the quantity really m ade. The effcdtof the regulation in 1784 was that of increaiing the number of gallons of fpirits, charged with duty, one third. To the amount, [therefore, of the average quantity upon which duty was charged the three years preceding 1782, mufl: be added one third, which will leave the given number of gallons that would be charged with duty from the fame ( 53 ) TARIFF. DISTILLERY, fame quantity of wafti at this time. The third of 2,351*534 is 783,844. The two fums add- ed, produce 3,135,378 gallons, which is the precife number upon which duty would now be charged. The duty upon Britifh fpirits is now 2S, 6i. per gallon, calculating 100 gallons of wafh to produce 20. of fpirits. If it Ihould be at all intended to fave this ufeful manufacture, the duties upon it ought, and muft be lowered, in the fame proportion as thofe of rum. If rum be lowered 5 d. per gallon, a proportionate re- duction of the duty upon Britilh fpirits will amount to 2^. />^r gallon and this fum will amount, upon the quantity of fpirits above Hated, to 26,128/. 35. per annum. If this reduction of duty Ihould not take place, it is not only the duty upon fpirits which will be deftroyed by the ruin of the diftillery, but the duty upon malt, which upon the quan- tity ufed in . the diftillery amounts to above 100,000/. will fuffer a proportional defalcation the farmer will alfo lofe his beft market for his grain fo that even the revered intereft of the landed property is to be, in fome degree, - , . 3 * among ( i4 ) TARIFF DISTILLERS* among the facrifices which are to be made, for the encouragement of French induftry, and the confumption of French luxuries. The above reafoning proceeds upon the fup- pofition, that the confumption of the feveral ar- ticles of fpirits, home and foreign, is to re- main, after the operation of the prefent treaty, precifely what it is at this time ; and in that cafe the following defalcation will be fuftained by the revenue, namely. Upon brandy 90>95^ ^ ^ Upon rum 35j826 12 i Upon fpirits 26,128 8 o Total defalcation on fpirits 152,906 8 7 If it fhould be contended, however, that this decreafe of duty upon the articles will be made up by a proportionate increafe upon their con- fumption, let us examine, what the degree of that increafe, upon fuch view of the fubjedt, muft neceflarily be. Upon calculation it will be found to Hand thus : Of ( $i ) TARIFF. DISTILLERY. Of brandy there mufl be increafed Gallons* in the confumption 259,860 Of rum ditto 153,522 Of home-made fpirits- 223,956 Total increafe of confumption to make up deficiency of revenue 637,338 Thefe then are the miferable alternatives to which the people of Great Britain are to be re- duced. They are to fubmit, in the article of fpirits alone, to a reduction of the national re- venue to the amount of above 150,000 /. which by fome expedient or other muft be made good by new taxes for the public creditor, it is prefumed, is not intended to be defrauded or elfe their morals are to be corrupted, their health impaired, and their induftry relaxed, by the increafed ufe of a mifchievous luxury, the greatefl part of which is produced in another, and that a rival country. COUNTERVAILING DUTIES. All the articles of the tariff, except the four firft, are founded at leaft upon an of- tenfiblc ( 56 ) TARIFF. COUNTIRV AILING DUTIES. tenfible pretence to .reci^rpcity. They j^re- fume,. tixat whatever inay bg th,e , rp ladve ftate of ikill, taxation, or the pric^ of labour, tl^p duties from ten to fifteen per Cent, ar^^ auite fufficient to proted: the manufactures of either country, againft the competition of the other. It is not however, a little remarkable, that while the Irifli propofitions were in agitation, the protedting duties being in that arrange- ment nearly upon an equivalent with thofe I of the prefent treaty, the manufadlurers were then unanimoufly of opinion, that fuch du- ties were perfectly inadequate to proted, them againfl the manufadturers of Ireland ? If they were really fo in that cafe, may it not be aiked, how it happens that they can be adequate to fuch a protedion now, when the ad valorem duty is fo little higher, and the danger of the rivallhip fo much the greater ? Cheapnefs of labour, compa- rative exemption from taxes, and the low price of the raw material, which were the motives pleaded for this infufficient protec- tion, are more decidedly in favour of France than of Irelaad. And ( 51 ) l-ARI^F. COUNTERVAILING DUTIES* And fingular and extraordinary indeed will It be, if thofe advantages aigainft which we declared vehemently, when propofed to be granted to our filler kingdom, Ihould be without objection agreed to, when extended to our old enemy aiid certain rival. The want of capital in Ireland was the argument principally infifted upon by tKe fupportcrs of the Irifh propofitions, as deci- five upon the fuperiority of advantage whick would refult froni them to Great Britain. Is it poffible to prefume upon this only ground of advantage with refpedt to Ireland^ when we are fpeaking of a commercial union" with France ? Such an argument in favour of the prefent treaty, would be tod evident- ly ridiculous to demand a refutation. Is the French cotton munufaftory in a worfe ftate than the Irifli ? Is their wool- len manufactory no better ? Are not their hardware, their holiery, their glafs, and all their millinery wares, (which owe their va- lue fo much to faihion) in a ftate a thou- fand times more flourilhing, than thofc of I Ire- TARI^y*^ COUNTERVAILING DUTlIS* Ireland ? Yet the manufadurersof England, with regard, to thefe very points, expreffed their apprehenfions of the Irifli competition, and unanimoufly declared, that duties nearly equivalent to thofe of the prefent French treaty, were by no means adequate to pro- ted: their home manufactures againft this y9;Ung. and indigent rival. How then is it poffible, that duties which were totally in- adequate in one cafe, fliould be entirely fo in another, when the circumftances of the danger ^e fo much the greater ? It has been often faid, that the cotton manufadlury is the particular one which is to gain moll by the opening the French mar- ket. That merchants or fpeculators may for a time make money by a trade which is a lofs to the country, is a propofition too plain to be difputed, and till it can be proved that the merchant's gain, and the nation's profit are fynonimous, it will not be necef- fary to conteft fo unimportant a fadl. But it may be of feme ufe to take a fhort view f the ftate of both countries, and to confider 4 for C 59 ) TARIFF. COUNTERVAILING DITTIES. for one moment, whether that advantage which, if admitted to exift in feme articles at prefent, is of a nature likely to be fecure and permanent. To this end it will be neceflary to make a ihort enquiry into the ftate of compara- tive taxation, and price of labour in the two countries. The principal manufactures of France which are moft likely to interfere in the arti- cles permitted to go from England upon cuf- rom duties, are fettled in the countries of Normandy, Picardy, Britanny, Flanders, ^he three Bijhopricks of Metz, toul and Verden, Alface, Lorainney and Hainault, 1% 111 ( So ) TARIFF. COUNTERVAILING DtTtt^S. In comparing the taxes of England wi^h France, it is abfblutely neceffary chat we ihould diftinguilh between the different pro- vinces of that great empire, becaufe the ftate burthens are in no degree like ours, general and indiicriminatc-rThey differ in different parts of the kingdom, and, therefore, when we conlider the quantities of taxation to which the manufacturer is fubjedt, it is ne- ceffary to diflinguifh the diftridt in which he lives. It may not neceffarily follow, that the price of fubfiftence is in proportion to the lownefs of taxation in each province ; but it happens, however, to be true, in point of fadt, that thofe diflridts which we have jufl enume- rated, are not only celebrated for the extent and fuccefs of their manufaftures, but alfo as being thofe of a\\ France in which provifions are in the greatefl abundance. Mr. Neckar has given an elaborate table of the different taxes of every fort paid by the inhabitants of the different provinces of that country, and an accurate calculation of the ^amount which each individual pays -and from his flatement the following table is taken : I^ (-61 ) ll^ZlfF, <:OUNTERVAILING DUTIES, .^ Liv. S. 1. 5. ^ *Tk^the diftrift' ^vlteh comprcheodj aihi LorainaeaadJ^t ^e taxes ^punt^ per head, tQ - - - 12 ig~o lo ol ' f In that of Strasbourg comprehending Alface, 14 isrc if. 8^ That of Lifle - - - 20 3 rr o 16 9J That of Valenciehns * - - io 15 rr o 17 ji Amiens, which comprehends the country a^out Calais^ Boulogn^^ and moft of Pi- cardy, - - - 2Sro~i39 Kormandy - - - 2.9 i6 zz i 4. iq JJritaniiy t - - 12 10 o 10 5 If this ratp of taxation be compared with that ^a^^ of England, or even with Ireland, the lownefs of whofe taxes alarmed all the manufadtnrers of England two years ago, the difference ^ Is ilriking and remarkable. By a calculation made by Mr. Walker of Mancheftcr, and pre- fented to the Houfe of Peers, it a])pears that the average amount of taxes paid by the Cot- ton manufacturers of Lancafliire, amounted to 3I. per head; if the calculation be extended over th whole of the kingdom, .reckoning nine millions of people in Great Britain, the whole amount of our tastes v.ill be equal to 2 1. 7s. or thereabouts, per head > a fum above double the higheft ftate of taxation in any manufa(5luring province of France, and above jfour Thcfc two comprehend all Flanders. ( 6z ) TARIFF. COUNTERVAILING 0Ut|-t^" four times the amount of the taxation ^'fcuP the greateft part of them. But it is not the lovvnefs of taxation alone which the manufa6:iirers of this country- have to dread. The wages of labour, and the price of living are equally advantageous to France, In order to form a juil comparifon be-> tween the rate of the wages of labour in the two countries, we muft learn the price given for that fpecies of labour to which the natural faculties of man are equal and applicable, and therefore in the prefent cafe our enquiry Ihould be, what the farmer pays upon an average for a day*s labour in both countries. By the beft information I can obtain, the common wages in the manu- fafturing parts of France do not exceed 8 or lo fous per day, that is, from 4d. to 5d, whereas in England the fame fort of labour cofi IS. 2d. or IS. 3d. We cannot reafon- ably doubt, but there will be nearly the fame proportionate difference of wages be- tween the manufadiurers of the two countries as there is between the day labourers ; more efpecially I ( 63 ) ^^iWf'r- COUNTERVAILING DUTIES. efpecially when we conlider that this lovvnefs of the wages of labour i& occafioned by low- nefs of taxes, and cheapnefs of provilions; caufes, which equally affe(tt all claffes of men, as well the manufad:urer as the common la- bourer.-r-With the joint operation of all thefe caufes can it be fuppofed that any prefumed degree of ikill can long countervail fuch de- cided advantages ; capital will find its way to that fituation where it can be employed to the beft advantage, and the facility with which Britilh artificers are, by the Treaty, enabled to fettle in France, will, in a Ihort time, give them an eafy pofleffion of our ikill, and a confequent participation in our capital. It is to be confidered alfo that the com- munication between the coafts of England and France is infinitely eafier, and infinitely more certain than that between Britain and Ireland ; - from Calais, Boulogne, or even Rouen, Havre, or UOrient to London, the paffage can rarely exceed a day or two's navigation, in a fafe and certain channel. From Ireland the pafTage is through a rough and boifterous fea dangerous and uncertain for above half the year, and almofl impracti- cable ( 4 > tARIFF. COUNTERVAILIVG DUTIES; table to be performed in lefs time than eight of ten days. Let iis paufe upoii this cireum^ fiance of advantage, and again afk if there was danger from the Irifli J)ropofitions ; and if lov -^er cent, would not have been a pro- te(fting deity againft the manufactures of Ireland, whether it is poffible that the fame duty can protedl oUr maliufa<3:ures againft thofe of France ? The principle alfo upon which counter- vailing duties are cftablilhed by the treaty, is narrow, and inadequate. If a counter- vailing duty hate any meaning at all, it is intended to equalize the burthens under which the different manufadiurers labour, that they may be upon even terms as to the em- ployment of their refpe6:ive Ikill, and the exercife of their mutual induftry. -Will the countervailing the mere duty impofed upon , the manufa<3:ure itfelf, in any lliape produce the effe this opinion. That lo^ per cent, a ivalovet]^, "was totally, and out of all proportion, unequal .>to their pfoted:ionagainft^he rival magHufdc- ^mt&s-qi the^ ^ftcir-kingdQiri, -^ -'i-n n^nuoO m jrlLbnudfi siom bos Jfijft ni bganevbfi siorn If then, as is more than probable; the faille fyftem of commercial intercourfe between the tw.o countries Ihould be revived again ; and if '-the manufa(9:urers ihould be found tOi. have been in a llate of inaction as to:dJic .1 i|C- -tfompliihment. of the ptefent;:, Treaty nwith xfrraiiGej j, with: what appearance CiQ^zi^ft^- 2|iriet3r;:tS)uld they prefent themfelves ^e^e yiltbcr :"HDufe of Parliament, to reneWiitii^r .ll^fiftance : to the former meafure? - bsloqxo *i-ri3 2 - H Would -^TTTirr ni/fl l!A7flH'O0WTER.VAlLING DUTIES. Would theyrrdecKiit io^psjfitt^ j^ :j>latt:x>f yconneftion withilrielaiid/i v^iohrrtwo' .y ears^^be- aforc they hdd r^pr^ented arjr pre^ant i^ci^ii wvery fort of danger, and even^ with, certain ; U^&riidion; ^ their jDoit lefiential in ttrefl s i ^ii''- :.m ^noii noqi.f ^lof^? e rfjJi /j:.::::^ :.-;r.' Or would they have the courage to fi^fj'Qh the face of fo augull an aflembly, ** It is true we contended, that a duty o^ lo^^ per cent* was entirely infufficient to afford us any protec- teiou againft the competition of a poor aad ,1intaught relation; but we are flow equally .prepared to argue, That the very fame duty lift an ample and fatisfacftory fecuiity againft the hoftile rivalfhip of a direct enemy, of a Country rich in capital, cheaper in labour, more advanced in fkill, and more abundant ift inaterialseldEdoTq nifj Diorr - 3d3 {I'j to rnoilvl 'Would fuch men as Mr. Wedgewdod, Mr. Walker, or Mr. Gibbon rifque the fair and honourable refpedl which they hold amongfl xhcir countrymen, by being guilty of an incoa.- gruity fo palpable and difreputable ? They would defpifc fuch a proceeding, in words. Let them.bQ careful, then>that they arc not equally cxpofed to the. imputation of it, through '>IaoW K 2 their \ ( 68 ,) TARIFF. IRCW. ,^eir,,ponjdud:. If France be DRly in-the fame .4egrqc of, advancement as Ireland rif ihe pof- fefles labour no cheaper, fkill no more im- .proved, or materials in no greater quantities, but all only in the fame degree ; yet if the com- n^ufiication with England be equally eafy and i^fs e^xpenfive, how is it that Ihe is not i equally ^"fubjed: of alarm in the formation of a con- nexion, the bafis of which, with refped: to the manufacturers, is precifely the fame. The manufacturers mull explain this in their own yitidication either their oppofition to the Irifli propofitions was FaElion, or thqir jn^rtnefs\..a$ to ; the progrefs.of the/, pre- %nt ^'re^ty is.vP^r/fa; Dqfertion to the ulti- mate, .interefU.x>fTtl^irrcpuntry, into which ^^hey arc feduced by the influence of a little prefent advantage to themfelves. IRON. . Thfe manufacturers of "IrCfl "arid' Hardware 'tiFfe flattered that their manufacture will :find its way into France upon better terms than it formerly did, and an idea is delufively encou- raged ampngii them, that the high duty upon the ( 69 ) SfTf^ Itriport cf foreigft l^rorr' is t6 he cbiinter- *^it<5'' tipOiV^Vench goods' CtJtlVing t6 Eng- land. Some high Mfhed, and' hij^h priced ,aarticlei "Tnay, and probably will, for ^ t?ilSe, '^o from this country to France. Thfey Xs'ill ^-*do fo till Britilh workmen Ihall teach the French' to avail themfelves"af the advantages they poflefs of the cheapndfs of their labout, <^knd xke lownefs of their taxe^. It is in vain, liowever, to hope tharany of the oridinar;^ forts ot wii'rqs 3111)6 exported into that country, f! The German and -Lel^e- 'Hardware^ thoiagh 1 perhaps not fo highly finiihed, is infinitely Cheaper thkn the Englifh. The article of airms alone, v;hich It has been thought could be pur- nVhafed at. a lower pride at Birmingham thitn'ih any part of the world, may be had at Leige 2o per cent, cheaper than in England, and other articles in proportion. The Flemings akeady excel us in tnod articles of inferior Hardware ; and can we indulge an expectation that they will not have at leaft the fame advantage in the French market which they have in everymher ? .ji "vThen Mr. Gibbons, whofe authority on ^fi^eTubjefts fs certainly of the ^ofl refpeda- |>le nature;j.was a/ked by the Houfe of Lords, whether < 70 ) TAKiFF. ilir< whether we.had not a confidetabkti TARIFF. ION juffWhert ^ ton of manufa a fingular good policy, t)y tjie treaty of peace in 1783 to France, that we have received confiderable fupplies of the raw material from that country, which is fubjed: to a duty of ^bout idi.per lb, upon export from France. It is one of thofe fingular derelictions of their own principles which is to be found only ii> minds of fo unliable a ftrudture as that of Mr. Eden, that he made no fyflem for fecurin^ us from th^ mifchiefs of that peace, which he had been onp of the foremoft to reprobate. His treaty does npt contain one fingle ftipula- tion obligatory upon France, not to encreafe her duties, nor even to bind her againft the en- tire prohibition of the export of cotton wool. This power^ therefore, is left entirely at her optiqn. ( 79 ) TARIFF. COTTON*. option, and may be exercifed whenever Ihc thinks proper. Britain imported ffom France laft year above two millions of pounus of cotton ; Ihe got from Portugal nearly the fame quantity of Brazil cotton, of a quality, and of a price fupcrior to any other. Thefe two quantities amount to nearly one-third of the whole confumption of our cotton manufarap D^Elbeuf, which is among the fineft of the French cloths, fells in that coun- try, as is to be afcertained upon all themoft modern authorities, at 19 livres 15 fous, or 1 6s. 5-^d. according to the prefent rate of Exchange, per aune. I need ( 95 ) TARIFF. WOOLLElfS. I need not inform the intelligent reader, but rtate it to facilitate the enquiries of thofc who may be lefs converfant in this fort of information, that the French aune is to the Englilh yardy in the proportion of nine to feven, that is, it coniiils of forty-lix inches and two fevenths. By the Regkmens General, four la Maiiufac- ture du Drap of AuguH, 1669, and by the jirret du Cotifeil, of the 19th of February, 1671, the moft refpedtable authority that can be appealed to on this occafion, the breadth of the Drap D'Elbeuf is regulated at one aune and 7, or 57 inches y in breadth. By multiplying, therefore, 467 inches, the length of an aune, by 57^- inches, the breadth of the Drap D^Elbeuf, we] Ihall have precifely the number of fquare inches con- tained in one aune of this cloth, which U|>on calculation will be found to be 2677^ fquare inches. The price of the bed Engliih broad clotk is 18s. per yard, and is 7 quarters or 63 inches in breadth. The ( 96 ) TARIFF. WOOLLENS. The length, therefore, as in the former cafcj multiplied with the breadth, that is, 36 X 63, will give the exad: number of fquard inches contained in one yard of Englilh broad cloth, which will be found to be 2268 fquare inches, which will leave a difference of four hundred and nine fquare inches more cloth in the aune of Drap D^Elbeuf, which fells for 1 6s. 54-di, than is in the yard of Eng- Kih broad cloth, which fells for i8s. By a farther calculation it will appear^ that the fame quantity of fquare inches of Englifh cloth as are in the French aune, if fold at Englifh price, would make fuch aune coil one pound one fhilling and feven pence, and a frad:ion. But the French aune of the Drap B'Elbeuf cofls only lixteen Ihillings and five pence halfpenny ; in precifely the fame quantity of cloth, therefore, there re- mains a difference in the price to marketSj in favour of France, of four (hillings and lixpence halfpenny. To take the calculation another way : I have faid that a yard of Englifh broad cloth cofls 1 8s. Now it will turn out by a iimple operation of figures, that the fame quantity ( 97 ) TARIFF. quantity of French beft cloth, or Drap IfElbeUfy which is contained in an Engliih )'ard, fold at the rate of i6s. 54d. per aune, the French price, would coft precifely 13s. lo^d. per yard, a view of the fubjedt which perhaps may make it clearer to the underftanding of Englifhmen, becanfe more familiar to the habits of meafurement in pra(3:ice amongft them. By this tail calcu- lation then there would remain a difFerdnce per yard between the bed cloths of France and England, the former indifputably not inferior in quality to the latter, but diredtly the contrary, df 4s. i4-d. in favour of the Drap D'Elbeuf, If it Ihould be urged in reply to the above fadts, which certainly Hand upon evidence^ that it will be very difficult, if at all prac- ticable to ihake, that though the difference of price of the fame quantity of the fame fort of cloth, between the two countries, be certainly material, yet it is not fo much as will nbt be fufficiently covered by the duty of 12I. per cerit. linited with the expence of freight, &c. which may be fairly eftimated at 3I. more, and which will make the whole nmount of the charges upon importation heic O of ( 98 ) TARIFF- of French woollens 1 5I. per cent, ad valorefjr. This it may, and indeed has been faid will be fuch an incumbrance upon the admiffion o-f cloth, as to amount pretty nearly to a mu- tual prohibition. How far that is likely to be the cafe with refpedt to the Britilh market, it will be my next bulinefs to en- quire. Suppofe it to be admitted upon the ave- rage, and it cannot be far from the mark, but at all events is equally fair between the two countries, that two yards and a half of British broad cloth are taken up in making one coat. , s. d, Wehavefeen, that the fame quan- tity of the Vrap D'Elbeuf which is contained in an English yard, colts - - - o 13 lOi- A coat of this therefore, made on the average mentioned above, will oft precifely - - 1138^ A coat made of the fame quan- tity of Britilh cloth, at the market jjrice, to wit, i8s. per yard, will coft - - - 250 Which ( 99 ) TARIFF. WOOLLENS. Which will leave a difference of eleven Ihil- lings and three pence three farthings on each coat. Now 15/. per cent, ad valorem, upon i /. 185. 8|- d. the price of the coat made of the Drup d'Elbeuf, will amount to 5 5. and a frac- tion. This added to the price, will make the whole coft upon importation into England, precifely i /. 185. 8^^. that is 6 s. ^^d. lefs than a coat made of our own broad cloth in the metropolis of England . It is proper to obferve here, that there i$ great reafon to believe, after the operation of this treaty, cloaths will be imported into this country, in great quantities, ready made ; in which cafe will be to be added, to the other ad- vantages in favour of France, the decided fu- periority they pofTefs over us, in the eflential article of cheaper labour. It is well known as a fadt, that a coat is made in Paris for four livres 10 fous, or 35. 9 03 J Tariff. woollens. The French Silefiaj which is, beyond all comparifon, a lighter and pleafanter, and even finer Cloth than ours of the fame denomina- tion, cofls 6 liv. lo fous, or 5s. and 5^. per aune, in Paris, and is ^ of an aune in breadth ; the Englifh Silefia cods 6s. per yard in Lon- don, and is ^ of zyard in breadth. Purfuing the fame kind of calculation that was adopted in the former in (lance, it will ap- pear that there is contained in one aun^ of French Silefia, which is fold for 5s. and c,^^ 634 -14 more fquare inches than is contained in the Englilh yard, which is fold for 6s. It will appear farther, that the fame num- ber of fquare inches of Englilh Cloth which is contained in the French aune, if fold at the Englilh price, would coft precifely 9s. lo^^d^r and that the fame quantity of fquare inches of French Silefia which is contained \ti one Englilli yard, would^ at the French price, coft 3s. 3-^d* that is to fay, the French Silefia is exadlly 3s. 2-id. cheaper per Englilh yard than Englilh ' Silefia. The quality of the French r$ unqueftion- ably fuperior; the price is little more thai* - half,. { I04 ) TAtt I FF: WOOLLENS'? half, and 5^et ail opinion is dclufively difFufed, and unwarily credited, That no injury of any kind is to be luflained to any departmant of our Woollen manufaOures by the operation of Mr. Eden's Treaty. I cannot, however, adrnit the fuppofitioii that there is fo fixed a fyflem of irrational credulity in my fellow-fubjedts, or fo criminal a negligence in the Woollen manufacturers, both as to their country's intereft and their own, as to think it poffible after the above re- prefentation, unlefs the fadts, on which it fiands, can be fubverted, that the one will continue to indulge, or that the other will perfevere in a paffive acquie-fcence, in fo perni- cious a mifconception *. THE TRADE WITH SPAIN. The difcufiion of this part of the Tariff* naturally leads us into aft examination of what will be the probable operation of the Treaty- upon our Commerce with Spain, the country *The reader will End the general agrument on Woollens yevry intelligently fiated, in a plain, but well-informed prouuflion, entitled Tht Woolhri Draper's Letter, publifli- e4 by Debre:t. froiVi ( 'OS ) TARIFF. SPANISH TRADE. from x^'hence, we need not inform the Reader who has followed us thus far in our Remarks, that fpccies of Wool is imported, of which the whole of our fuperfine Cloths are en- tirely fabricated. The Trade between this country and Spain, unhappily for us, has been, for fome years, moft alarmingly on the decline. The fol- lowing is an eftimate of its exports and im- ports in the years I775> ^11^* iiH 1784 1,205,415 29 1,191^477193 589,887 .13 '8 802,246 3 o 564,386 60 561,071 119 4i9>46i 41 637,337 911 ^.640,928 i6 9 630,406 7 6 170,4*5 9 7 164,908 13 r . n I 't To which is to be added the produce of the Fifti trade from Newfoundland, which be- ing in the number of what are called the enumerated articles, is exported from that Ifland without coming into the ports of Great Britain, and therefore is not included in the eftimates of our Cuftoms, and which in fome years has amounted to 337,028 quintals. The price of this in the ports of ^pilftin, inclulive only of their own duty upon importation, is iS s. per quintal, which will P which ( "6 ) t TARIFF. SPANISH TRADE. leave a fum 05303,3271. to be added with the reduftion, as we have faid, of their internal duty, to the amount of our exports. This diminution is to be accounted for from the combined influence of the follow- ing caufes : ift. From the encreafed falhion of French and Portugal wines, which has leflened the im portation of thofe of Spain into this country, in acomparifon between the year 1700 and 1785, in the proportion of more than five to one, 2d. From the operation of the regulation of 1782^ which equalized the duty upon all foreign brandies from wherefoever imported. '= Previous to this period, the brandies of Spain came into this country at a confiderably lower duty than thofe of France ; but being inferior in quality, as well as being attended with a much heavier expence of freightage, they could not ftand a competition, when placed on a footing of equalized duty, and are now in a ftate of virtual prohibition.* 3d. Per Ton. ^. s. This decreafe is the more to be lamented, / as our trade with Spain, both as to the im- jXMTts and exports, was condud:cd on a footing the moft advantageous which can poflibly fubfift between two diftindt empires. We took no-/ thing from them but raw materials or articles of native produce ; fuch as their wines or brandies, upon which no labour could be em- ployed. They took from us various defcrip- tions of our made-up articles, and even large quantities of their own raw materials returned to them in a (late of complete and finiflied manufacture. Wc had their wool, cochi- neal, indigo, and barilla, which we fent back again to the country of their original produce in bales of cloth of different denominations. By a double operation of advantage, there- fore, we made them pay the price of our la- bour, and had their market for the falc of a Britiih manufa<9:ure, the conftituent materials By an ai paHed in 1782, the cuftom duty upon ail brandy is 81. 8s. per ton, which with the 5 per cents, is liAW 9I. 4s. 6d. P 2 of ( o8 ) TARIFF. SPANISH TRADE. of which were produced in their own country. The balance of this trade, therefore, was always to the advantage of England ; and the furplus, amounting generally to near a million annu- ally, was conftantly remitted to us in aftual fpecie. To fay nothing that the materials which are imported from them were fuch as we could not poflibly do without fome of ^hich we could get no where elfe, and others from no other country except Portugal, in limilar perfed;ion or with equal advantage ; and all of which were fo indifpenfibly effentiai to us, that without them the whole of our {la- ple manufadure, our national trade of wool- lens, muft have flagnated or ceafed. It is difficult to afcertain, what may be the future revolutions in the talte or charafter of a coui^itry. It is not, therefore, out of the number of poffible events, that Spain might herfelf become a great manufacturing king-: dom, and might employ her own fubjedls in the working her own materials. But till fuch a difpofition had began to prevail with them till intereft had infpired induftry, and till in- duftry had been matured by experience, it^is clear to demonftration_, that Spain was, of all the countries in Europe, that with whom it was ( 10^ >. TARIF3f SPANISH TRJVDE. mod particularly the advantage of England, and moft preflingly the duty of her Rulers to have cultivated an intercourfe, and to have cemented a friendfliip. A very different policy, however, has evi- dently influenced the negociator of the prefent Treaty. A finking trade demands to be pro- ted:ed and fuflained. It is much to be feared, and infinite will be the caufe of regret, if the event fhould turn out fo to be, that tjie effedl of this new fyftem can terminate only in giv- ing the laft blow of decifive ruin, to a branch of commerce already weak and languifhing, yet Hill important and advantageous. The brandies of Spain are already in a flate, as has been before faid, of virtual prohibition from this country. Their wines, by the ope- ration of the Treaty, will be preftty nearlv in a fimilar fituation. Even the circumftancc of a more prevailing degree of falhion in the French wines, has been fufficlent to diminilh the confumption of thofe of Spain, in the pro- portion of at lead five to one, in the courfc of little more than eighty years, as may be fcen by the computation taken from the Infpedtor- Gcneral's books at the Cuflom-houfe. Spanlfl\ ( 110 ) TARIFF. SPANISH TRADE, Spanifh wines imported into England froi:H Chriflmas 1699, to Chriftmas 1701. Tons. Hog. Gall. 3699 ii>7oi 3 60 1700 13*649 7 - 1701 11,184 ^ ^7 Ditto imported into England from Chriflmas 1783, to Chriftmas 1785. Tons. Hog. Gall. '783 2,149 I ^3 1784 ^^553 n J 41 178^ - ^5S^ I 34 At each of thefe periods, and during the whole of the interval which took place between them, the import duty upon Spanifli wines was about 18 {hillings />fr ton rnore than that upon the wines of Portugal ; that is to fay, foine- what lefs than half of that which exifted upon the wines of France. If then, by the mere ad- vantage of preferable quality, or more conge- nial tafte and flavour, the wines of France eould occalion fo material a diminution in the co-ufumption of thofe of Spain as has been proved above, is it auguring either raihly or faftioufly (Ill ) TARIFF. SPANISH TRADE. fadiioufly to fuppofe, that when the duty upon the French wines Ihall become only one-half of what it was formerly, and th? duty upon the wines of Spain fhall remain the fame, it will produce an almoft entire abolition of the % ufeofthem ? A fmaller advantage, than this, j^*y when extended to French brandies by the aft f* , '** of the equalization of duties in the year 1782, * totally deftroyed the confumption of Spanifli brandies in this country. On what ground, then, either of general argument or analogy, can we pollibly prefume that a fimilar cfFeft will not follow from a regulation, which, though not exadtly of the fame kind, is cer- tainly more injurious to the importation of their wines. If that event Ihould take place, aad the wines of Spain Ihould ceafe to be ufed in Eng- land, this then would be precifely the fituation f of the commerce between the two countries. Every article and iota of it, both as to impor- tation and exportation, will be totally and ex- clufively in favour of Great Britain. We Ihall receive nothing from them but what wc cannot poffibly do without, and they will con- tinue to take from us without the mod remote pretenfions < 112 ) TAR1.FF. SPANISH TR ADfi. pretenfions to a reciprocity, or the fliadow of an inducement, what they can very well con- tinue to import from other countries. Is it to hi feeonciled to any principle of common fenfe, or any experience of the pra<5tice of States, to fuppofe that things ftiould remain long in fuch a fituation. They have a fevere power of retaliation in their own hands, and will certainly have eYeiry motive for the exer- 'cifeofit. Indeed a review of the circumftances under which we have enjoyed the free importation of the wool of Spain down to this time, will Abundantly prove that Ihe has never granted us that indulgence without a fiifficient and adequate inducement, and that, therefore, Ihe is not likely to perfevete in fo doing when that inducement no longer exifls. The firft com- mercial treaty of any extent that we had with that kingdom was executed in the year 1667, and is generally known by the name of Lord SandwicFs treaty, though principally negociated Under the dirediion of Sir fF. Godolphin, Secretary to the embafly. Sir W. was fo confcious of its importance to this country, that in his letter to the minifter, containing the intimation of % its ( i3 ) TARIFF. SPANISH TRADS. ks ratification, he thus exprefles himlelf with an honefl triumph : " The treaty of com- *' merce, I dare promife your Lordlhip, com- " prehends not only all the privileges and ad- ** vantages which this crown hath ever granted *' to any other (late or people, but likewife ** fome conveniencies which it hath never yet ** permitted to any other," Alluding point- edly to the unimpeded exportation of the Spa- nilh wool. The fervlce performed by Sir William, in obtaining this advantage, was deemed of confequcnce enough to incline the miniftry three years afterwards, in 1670, toap- point him ambaflador plenipotentiary to the court of Madrid, with a view of renewing this fame treaty, for the value of it began to be very fenfibly perceived This was accordingly done. Now it is to be obferved, in the firft place, upon this event, that at that time the manufa It would require all the induflry of Mr. Eden to make out the detail of fo comprehen- ve a mifchief, and much more than his judg ( I7 ) TARIFF. SPANISH TRADB, judgment or talents to produce a compen* fation for it. It almoft exceeds belief, and tranfcends perhaps all recorded precedent of inattention or incapacity, that a man Ihould make an alliance with a natural enemy, to the difadvantage of a natural friend ; that that friend Ihould be in the pofleffion of an article without which the perfon making fuch alliance could not live nor fubfift, and yet that he Ihould never folicit the pofleffion of it before the intention of his new en- gagement was openly announced, nor make any provifion to deprecate a refcntment, the cffedis of which would be fatal to his neareft interefls, till he had given every provocation of the moll pointed negleft, and fupplied every motive of the moft defencible recri- mination, for the fulleft and moft unqualified exertion of it. Such has been the conduct of Mr. Eden with refped: to England, France, and Spain. If the confequence of his management be any thing lefs than the entire deftruc- tion of the manufacture of our fineft and moft valuable woollens, the Country muft owe to ac- cident or felicity what it has failed of fe- 3 curing m8 ) TARIFF. curing, by the intervention of his care and fagacity.* C A M B R I C K. The duties by the treaty impofcd upon French cambricks are another proof of the in- attention of the Negociator to what has been the policy of this country in times paft. For- merly, while they were allowed to be Imported under a confiderable duty, the manufacture was utterly unknown in Britain. Since the prohi- That the reader may judge of the nature of our im* ports from Spain, and how much they confift in raw ma* terialsj I fhall fubjoin one year's imports from thence. Spanilh Wool - 1,861,231 Indigo - - 396,400 , jj^^^ Cochineal - - 147,845 Cortex Peru - 33>969 Fruit - - 11,618,500 "No. Wine - - 2,534 Tons, Raifins - * 60,423 Cwt Our exports confifl entirely of woollen goods ; pilch* ards, falmon, tin, butter, beef and pork from Ireland. Of Woollens alone England, in the year 1768, ex- ported to Spain to the value of 952^438!. and in the y^W 1775 to that of 862,0001. bitory ( "9 ) TARIFF. CAMBRICK. bitory aft i8 Geo. II. c. 36. it has been by flow degrees increafing in Scotland and in Ire- land ; and lately the progrefs it has made has been confiderable. There were flamped for fale, in Scotland, in the year 1783, 56,304 yards; in 1784, 83,438; in 1785, 106,755. Under the prefent duty, this rifing manufadlure / muft be utterly ruined ; whereas it might have ^ been protected, and a confiderable revenue fe- cured, by laying higher import duties upon French cambricks, at the fame time that they need not have been fo high, as either to pre- vent the importation, or encourage fmuggling. As the manufafture of the inferior forts of cambrick is that which is mofl likely to fuc- ceed in Scotland, and as the chief view of France is to fecure the market of England for her fine cambrics, the objedt of both countries would have been fecured, by laying the duty in fueh a manner as to exclude the coarfer, at the fame time that it admitted the importation of the finer. It has been fuggcftcd that a duty of 8 s. per demi-piece would cffed:ually anfwer this pur- pofe, have protected the Scotch and the Irifli manufactures, ( 11.0 ) TARIFF. CAMBHICR. manufacflures, and have afforded a confidexa- ble revenue to the public. Though the linen manufad:ure of France is in fo flourifhing a flare as completely to fupply both Spain and Portugal with the immenfc quantities of coarfe linens they confume, yet it is not very probable, under the prefent duties, that either the Irifh or the Britilh linen manu- fafture have any thing to apprehend from the importation of French linen : though it may be probable that Britain, in future, will take from France confiderable quantities of fomc forts of linen which fhe now imports from the north of Europe ; a circumftance which conli- derably increafes one of the worft tendencies of the prefent treaty, the throwing all the com- merce of England into one channel, and the difobliging every natipn with whom we now carry on trade, in order to encourage the ma- Hufadtures of France. There Is at prefent in France a demand for fome forts of Irifli linen, and confiderable quantities are now fmuggled there. It might have been thought a fair advantage for our lif- ter kingdom, while we ruined her riiing manu- facture of cambrics, that fome fort of advan- tage ( " ) TARIFf. tage Ihould have been {lipulated in her favour for thole fpecies of her linens which are in re- queft in France. All forts of Linens howevre are virtually prohibited going from Ireland to France by the treaty ; for it is well known, that the Irilh duties upon Dutch linens are in their nature prohibitory ; and therefore, the duties upon Irifli Linens going to France will be alfo prohibitory. And thus, by the terms of the treaty, while the Irifh are taught to exped: a benefit, the fubftance of the article is a moc- kery to them, and an exclufion to their ftaple manufad:ure. Having gone through the principal articles of the tariff, it is necefTary to inform the reader of one objection which pervades the whole ; which is, that although the duties impofed up- on articles carried from the one country to another, appear upon the face of them to be reciprocal in amount ; and although French goods comii'ig to Britain, and paying the im port duty, are from that moment free from any- farther charge whatfoever-^ytt the cafe is di- redly the reverfe with Britilh goods going to France ; which jn many inllances will have to pay additional duties to thofc impofed by the R " tariff. ( 122 ) TARIFF. tariff, and higher ones than fimilar goods of the manufadture of France. -t When any commodity is imported into France, and pays a fpecific duty of entre^ at whatever part of the kingdom it may be im- ported, this is called a Droit uniforme, the ef- feft of which is to protect the goods from all internal duties, or, as they are called in France, Droits du drcidation, till they arrive at the place of their original deftination : but once arrived there, if they are again to be carried from one part of the kingdom to another, they become fubjecft to all the different loeal duties which prevail in different parts of that great king- dom, and thefe duties are in almoft every in- llance higher upon foreign, than upon French manufadures. Thus, if. a bale of Englifh woollens be fent from London to Lyons, the twelve per cent, paid at importation will pro- ted: it from all duties till it arrives at the place to which it is addreffed. But if the merchant at Lyons has occafion to tranfportthe fame bale of goods to Aix or to Marfeilles, it will become fubjedl to frefh duties, confiderably higher than a French bale of the fame goods would pay. Thefe ( 123 ) TARIFF. Thcfe are Ihackles impofed upon the com- merce of England to France, in which there is- no reciprocity. If the French merchant miffes his market in one place, he may move his goods to another, and fo on through eveiy town in Britain, without being fubjed to -any dytyjW impofition whatfoever. REVENUE. I have now gone through the principal ar- ticles in the Tariff; and from the review of it, the reader wiH already have anticipated mc in concluding, That there is fcarcely a manu- / fadiure which is not endangered ; an impor- tant foreign tracje which is not placed in the hazard of ruin, nor many branches of the Re- venue which can efcape its deftruftive influence. It is difficult to calculate all the loffes to the public purfc from fo complicated and exten- five an innovation; all which, however, can be pofitively afccrtained are alone fuch as I ihall ftate here, and they will appear as fol- lows : R 2 loC% ( 1^4 ) REVENUZ, ' J. ^. Lofs of tfOl.per ton on French wine - - 20,098 6 8 Lofs 4 prefent duty on Por- tugal wine - - . 161,404 18 z Lofs of 25. dd. per gallon on Brandy imported - - 90,951 8 6 Lofs of 5 5. ;i(fr gallon on Rum 35,826 12 i Lofs of id. per gallon on malt fpirits - - - 26,128 3 2 I' 334^400 8 7 Ithas, indeed, been faid, that the duties efla- blilhedby the TarifFwill be fufficiently produc- tive to compenfate for this enormous lofs ; but I have already proved that they cannot be pro- \ dud:ive in the articles in which the lofs arifes without involving the ruin of the Portugal trade, and the deflrudtion of the Weft India ^ planter, and Home Diftillers, and giving rife to confeqyences, both to trade and revenue, far more extenfive than it is poffible to form an cilimate of, at this time. If the duties upon the other articles are to be produ<5tive, it can qnly refult from the iprqenfe importation of French ( 5 ) REVENUE. French Woollens, Cottons, Hardware, Sad- Icry, or other manufa(flured articles which di- reuld be fufpedtcd of hav- ing been conveyed in terms of lefs clearnefs and preciiion, than fuited the wilhes and in- terefts of at I'eaft one of the coiltrad:ing par- ties, Mr. Eden has confcnted to go a ftcp fur- ther, and to confirm the inhabitants of the ri- val empire in the pofTeflion of thefe new rights', in words aS unambiguous as the effedt of them is deflrudtive and unconftitutionaJ. He adds, " and they fhall have right to re- move themfelves, as alfo their wives, children, and fervants, together with their merchandi- dizes, property, goods or efTedts, whether bought or imported, wherever they Ihall think: fit, out of either kingdom, by land and by fca, on the irivers and frelh watery after dif- charging the ufual duties, any lazu; privilege, gravity immunities, or cujloms, to the contrary thereof in any wife notwithftanding." Now> to what in the preceding paflages, can the term imthunity have any poflible appli- cation ? Not to the removal of the citizens, their wives, &c. bccaufe that being hithertd a penal prohibition, would have been revoked by a repeal of the ftatute enjoining it, and not by the grant of an immunifj, T z To ( HO ) CORPORATE RIGHTS. To what eUe, then, in thefe quoted paflages can it extend ? To nothing, clearly, but to ' the privileges contained in tTie firft extrad:, au- thorifing the future eftablijfhment of French \ ihops in the metropolis ; for nothiii^g elfe is ex- prefled in this part of the article,- to which, by any conftrudiion of fenfe, or grammatici?! arrangement it can have the fmalleft re^ierence. The fadl indeed is, that in all legal accep- tation, the term immunity fignifies not the do natioh of a privilege, but fpecifically the ex- emption from a cuftom or duty ; and in this lignification it is accurately employed by Mr. Eden, when he informs us, as by the refult of this article, we are to" our coft informed,, that in difregard Of paft ufsLgQ, in contempt of any pre-eftablilkcd cuftom, in defiance of ex- iftins: charters. Frenchmen, ffom the date of T the prefent treaty, are legitimate freemen of the city of London-,- without the labour of- ap- prenticelhip, or expence of purchafe, and' are entitled to a full and equal, participation of their beft and deareft privileges. It may perhaps be fuggefted to this, that in the'condud: of a greut ftate meafure, exten- tenfive in its fubjed:, and complex in its arj / rangemeiit ( '41 ) CORPORATE RIGHT?, rangement, a cafual inaccuracy of cxpreffion (for fuch, to be defended, tfiis muft be main- tained to be) is not much to be infifted upon. How far this explanation will be accepted by Mr. Eden, a gentleman at leaft as convcrfant in the meaning of words, aS experienced in the arts of political negociation, it is not for tis to determine. Whether he has a juft right, however, to avail himfelf, even of this ami- cable fubterfuge, will be befl feen by an atten- tion to the following confideration : Mr. Eden, in the formation of the treaty of which we fpeak, and for the fuccefsful adjufl- ment of which, he is to receive the future rewards of his country, has made it an almoft undeviating principle with himfelf to traftf- cribe accurately and implicitly from the Treaty of Utrecht, in the year 1713. The queftion then arilcs, docs the Treaty of Utrecht contain any claufc of the kind and tendency now complained of? 1$ there any thing in it that can have the effedt of admitting French citizens into a full parti- cipation of the advantages and privileges of the citizens of London ? To this we anfwcr NO, not a word. Is there any thing in it on the < H2 ) CORPORATE RIGHTSo "tiie contrary, that goes to the pofitive inter- diftion of any fuch participation ? To this we anfwer YES_; and that in tertns as direct and intelligibly pointl to the prclervation of Britifli rights, as Mr. Ederi*s are flrong and explicit in the violation of theirii Iri the fifth article of the Treaty of Utrecht, which correfponds with the fifth article in the treaty of Mr. Eden, after having admitted, as li alfo done in th^ modern counterpart of it, that the fubjedis of the two countries may be reci- procally permitted to refort to the citiesjj potts, &c. of the rcfpeftive kingdoms^ and to lay up, and keep in their magazines, and vvarehoufes, all kinds of lawful merchandizes^ yie find thefe exprefs words, '^ on this condi- tion, however, /i^^/ they Jhall not fell the fame b^ retail infjjops, or any where elfei!" Can there be found in the Englifh language, terms more diredt, and unequivocal ? Did Mr. Eden de- viate then from fo intelligible a precedent, by mere accident or inattention ? Did he intro- duce words deftrudtive to the very efTence of his avowed original, and abrogatory of its mod important prohibitions without a purpofc or defign ? If there be a man fo devoted to a blind and dangerous credulity, fo abandoned 4 to i ( m ) CQUPORATE RIGHTS. to the piirpofcs of a particular partv, as tq believe this, wc muft refign him to the quiet pofleffiqii of opinions, that arc evidently not to be rtirred by fad:, or fhakcn by the plaincft deductions of reafon. Two points in this extraordinary tranfa(flion are eftablifhed, beyond all power of contro- verfy. That by the terms of Mr. Eden's trea- ty, the boafted excluiion claimed under the Chartered Rights of the City of London, is abrogated and dellroyed. That by the terms of the Treaty of Utrecht, which in all other cafes, he has copied wgh fo fervile, and obedient an accuracy, thofe re- vered privileges are left, as every Englilhman muft wilh them for ever to have remained, fa- cred and fecure. We have two reafons, therefore for believ- ing, that the claufe complained of, was vo- luntarily introduced, and deliberately intended _, to bear the interpretation now imputed to it, I Firft, That we find the actual terms of it cal- culated to convey no meaning at all ; if not that, which wc anrtex to it. Secondly, That we ' ( H4 ) CORPORATE RIGHTS. \f c find the cxprefs, and fpecific reverfe of this meaning In the aclcQOwledged precedent from which it was tranfcribed, in every other part. By avoiding tp adopt words, that were obtruded upon his obfervatioiij which he cooid not avoid attending to, and by which, (if adopted) the corporate rights of his coiintrymerr would have been completely fecured, we can be at no lofs to determine, what could be his real and deli- berate intentioft^ when he made ufe of lan- guage, the obvious meaning, and literal conftrudtioii of which, goes diretl5''to the in- invaiion of thoie fam& privileges. Fs it at all necellary to enlarge on fo evident a principle ? ' In y^e whole, progrefs and conduft of this- Treaty, Mr. Eden had affwmed one uniform line of proceeding, from v/hich he has never fubftantially deviated -j that where it was the intention of the parties to introduce the fame regulation into the modern treaty which ex- ift^sd previoufly in that of tftiecht, he has not only adopted the , reg;ulation itfelf, but the words aifo in which it was conveyed. If it had been his intention then to imitate the vir- tuous rejection of this dangerous innovation, which he found in the precedent before him ;" why did he n6t, in conformity to his conftant ufage. ( H5 ) CORPORATE RIGHTS. ufage, imitate alfo the teris in which that in- tention was exprefled ? But the rcverfe of this was the new principle that he and his coadju- tors in ojffiice meditated to eftablifh, and they have accordingly made ufe of language moft clearly and unequivocally calculated to ex- prefs their meaning. Our judgments are equally fatisfied in this cafe, from the words which Mr. Eden has avoided to ufe, and thofc which he has ufed. We are equally convinced from both, that the real, true, and fyftematic purpofe of himfelf, and the other members of the Cabinet, with whom he co-operated in the arrangement of this important negociation, was J diredtly artd unambiguoufly this : " To ad- mit all the fubjedts of France, without excep- tion or diftindlion into a full, free, and indif- criminate participation of all the privileges of the City of London, which have been hi- therto deemed exclufively their own, under the claim and fandtion of their charter." What has t)een faid of the charter of the city of London, is equally applicable to all the Other corporate bodies in the kingdom. fo extend this confideration a little further : U Though i: 146 ) CORPORATE RIGHTS. Though any EngUlhman may fet up a Ihop in any town which is not a corporate town, yet, as the law now {lands, no foreigner can do fo. He'may hire a houfe, it is true, but he is cir- cumlcribed in the ufe to which he ihall appro- priate it for habitation is the exprefs limita-i tion put on it by Blackftone, p. 372, vol. i. ; By 32 Hen. VIII. c. 16. 13. No alien can take any ihop, under a penalty of 5/. nor can any one let a ilaop to ^n alien under the fame penalty. Thus, not only corporate bodies have been hitherto fecured in the exclufive poffeflion of their internal trade, in the way of retail, by the operation of their particular charter ; but by this ftatute an equal privilege has been enjoyed by every other town in the kingdom. It has been faid, that Blackftone hlmfelf has exprefled an opinion, that the ftatute allud- ed to has been in efFed: Superceded by the re- gulations of pofterior laws. This is an evi- dent mifconception of his meaning He faysj, indeed, that the ^th Eliz. c. 7. virtually re- pealed thofe ftatutes of Henry VIII. which prohibited alien artificers from working for themfelves^ or othervvife than as feryants to Englilhmen., ( '47 ) CORPORATE RIGHTS. Kngliflimen ; but there Is ho pretence for fay- ing that it repealed the penalties upon taking fliops* But what puts the matter out of all doubt is, that many adtions have been brought upon that flatute, long iince the ftatute of Elizabeth, which are collefted and abridged even in every Law DId:ionary; and to them 1 refer the reader who may be defirous of j^urfuing this important fubjei^ to Its lafi ftagb of prccifibm I Ihall only fubjolii, by wdy of anticipated reply to thofe who may be of opinion, that it cannbt be the intention of the prefent treaty to diflblve thefe corporate rights, be- caufe they are fo demonftratively proted:ed by the direct law of the land ; that there is a fweeping claufe towards the conclufion of the treaty, which ftipulates that the King of England Ihall endeavour to prevail with his Parliament to refcind all fuch laws as may impede the due execution of any of the agree- ments contained in it. Some laws therefore were known to be infringed and why not thefe among the number ? If it be fuggcfted, that though all this be admitted, yet that the right U 2 between ( '48 ) CORPORATE RIGHTS^ between the two countries is reciprocal, I fliall leave it to the fenfe and feeling of my fellow-citizens to determine, how far an obvi- ous inducement to emigration is to be conli- dered as an adequate compenfation for the par- ticipation of their retail market with the inha- bitants of the rival kingdom. The PRINCIPLE of FREE BOTTOMS making FREE GOODS. The article contains the admiffion of this long-refifted principle on the part of England ; but as the fad: is not attempted to be denied, that the right fo frequently claimed by other powers, and fo perfeveringly oppofed by us, is now conceded fully and unequivo- cally, there is no particular neceffity for quot- ing the exprefs words of the treaty, nor of ar- guing upon their conftrud:ion. 1 feel myfelf relieved from all neceffity of reforting to any perfonal argument on this fub- jedl, by an appeal to the opinion of a writer, who, whatever may be his other claims to the favour or difcfleem of his country, has unquef- tionably contended this point with equal in- formatiort ( H9 ) FREE BOTTOMS, FREE GOODS. formation and ability. I mean Mr. Charles Jenkinfon, who, in a pamphlet publiflied by him, in the year 1757, entitled " A Difcourfc on the Conduct of Great Britain, in Refped: to Neutral Nations," has moft completely ella- blifhed the impolicy and injuftice of this cele- brated claim, and the almoft unremitting per- tiijacity of Great Britain in refuling the admif- fion of it. 1 can advance nothing that would be in any degree either fo entertaining or fo inftrudting as Mr. Jenkinfon* s authority, upon this fubje(^, and therefore I Ihall quote a paflage from his book, which appears to me to contain the mofl: decifive and unanfwerable obje arid happy, if, after much labour, much dry calculation, and much confultation of unen- tertaining, but authentic and neceffary docu- ment, I lliall have fucceeded in faving one branch of manufafture, or one point of the perfonal privileges of my countrymen from the devaftation of a meafure which I fincerely look upon as uniting all the poflible deprava- tions of the human intellect, as having been conceived in Madnefs, born in Folly, and fent out into the world in Ignorance ! FINIS. APPENDIX. ^ APPENDIX. Memorial of Charles Howard, (afterwards Duks of Norfolk,) Efq. of Greyftock, and Mifs Fran^ ces Howard, of the family of Norfolk, in, Etig- land', prefented to the Britijh ambajfador at Paris, concerning a claim of theirs to the effeSls of a relation who died in France, 'I'ranjlated from the French* MR. and Mifs Howard, and with them all the Englilh nation, do, by the good offices of the ambaflador, claim the execution of the Xlllth Article of the Treaty of Utrecht, and of the declaration of 1739, by both which the fubjefts of Great Britain are allowed to fucceed to the perfonal eftates of their relations deceafed in France ; in the fam^ manner as the fubjed:s of the moft Chriftia^ King are authorifed to inherit the like eftates of their relations dying in England* Y Thcfc ( l62 ) Thefe laws have been executed in this par- ticular, with the utmoft exadnefs on the part of the Englifh. They can bring the moil authentic proofs, and are are able to maintain by a number of examples, which have happened even during the late war, that this execution has been to- tally in favour of the French ; infomuch, that even when there was no precife law upon this point, the ufage alone, which was pradtifed in England, Was fufficient to give this nation a right to eXadt from France a reciprocality which is founded on the right of nature and nations. It is by the favour of thefe different titles, that Mr. and Mifs Howard prefume to demand their part of a fucceffion to the perfonal eflate of their uncl6, who died in France : and yet the Judges of the Chatelet, before whom their claim was at firll carried, have not judged pro- per to admit it ; and their fentence has been confirmed by an arret. It was difficult tg^conceive what could be the motives for fuch lingular d^cifions ; efpecially if it be confidered, that the fucceffion in quef- tion was opeu before the late war. Mr. ( '63 > Mr. and Mifs Howard were in Engiand at the time they received the news, by a letter from their attorney. If they can believe this letter, the judges were determined .againfl them for two powerful reafons, which were propofed by the King's advocate to the Chatc- let : the one, that the treaty of Utrecht, on which they founded their claim, had not been regiftered in parliament ; the other, that the argument does not hold good, of tl>e French being admitted to fucceed to the perfonal eftates of their relations who die in England ; becaufe that admiliion is not founded, fay they, on the treaty of Utrecht, but on the conftitution of that kingdom,, which admits tp thgt kind of fucceffion other foreigners, equally with French ; whereas, a^ifording to the conftitution of France, they cannot be al- lowed there but by virtue of a naturalization, or of a particular treaty, duly regiftered. Although this was fufficiently refuted by the words of the treaty of Utrecht, and the declaration of 1739, which makes no diftinc- tion in the reputed quality of relations, ac- cording to which they ought to fucceed ; never- thelfs, to fet it more effedually afide, the lat^ Mr. Simort de Mofart, who was charged with Y2 tht ( 164 ) the defence of Mr. and Mifs Howard, thought I proper to have it confulted in England, in or- der to know what Wais the cuftom there in this cafe. The cafe was at firlt flated in this man- ner : If aii Englilhman born happens to die in England, without children, and inteftate, and having relations born, and always refiding in France, it is afked. Will they be intitled to partake the fucceffion to the perfonal eftate of the defundt, equally with his relations in the fame degree of kindred, born and educated ii^ England ? The anfwer given to this queftion was conr ceived in the following manner : The Council having confidered, is of opi- nion, that in confequence of the ftatutes of dif- tribution, the relations born in France have the fame right to perfonal eflates as thofe born in England. This anfwer not having entirely fatisfied the French advocate, in that it only fpoke of the Statute of Diftribution, and not of the Treaty of Utrecht, the execution of which was the principal ( i6i ) principal debate in this caufe ; he refumed the enquiry, and defired that the Englilh Council would give his opinion upon the following queftion : it is afked, * How do they in England underftand and execute the Xlllth article of the treaty of Utrecht ? and if, in confequence of this treaty, a Frenchman living in France, could fucceed to an Englilhman, his relation, dying in Eng- land, being equally related with the Englifh heirs of the deceafed refiding in England ? and what are the reafons upon which the Englilh ground their admiffion of the Frenchman to fucceed with the others ? The following is the next anfwer, which was fent from England. The ufage of England is exatly agreeable to the Xlllth article of the treaty of Utrecht ; the French relations being admitted to fuc- ceed, equally with Englilh relations in the fame degree of kindred, to the perfonal ellate of an inteftate dying in England. The law of England does not, in this refpedt, make any diftinftion between foreigners and natural- bom fubjcfts, and is conformed to the confti- tution ( i66 ) tutlan of the Emperor Frederic II. tit. i. fed:, lo. and is founded as well on natural jufticc, as commercial reafons* It is to be obferved, that this clear and ex- prefs opinion is figned by the lord chief juftice of England, by the King's advocate and attor^ ney-general, and confequently that it has all the marks of authority that any one can defire in matters of this kind* In fhort, independently of the proofs which refulted from thefe pieces, Mr. and Mifs Howard offered farther to juftify, by the re- gifters of the courts of juftice in England, a crowd of examples of fucceffions of perfonal eftates, which have been recovered by French people of their EnglilhVelations. They cited, am.ong others, that of Mrs. Cantillon, a French woman, a(5lually refiding at the Nouvelles Ca- tholiques, in Paris, who having claimed, dur- ing the laft war, the perfonal eftate of Mr, John Cantillon, her nephew, who died in Ire- land, in 1754, being a captain in one of his Britannic Majefly's regiments, was put intQ pofleflion of the efFefts of this fucceffion, by the Court of Doctors Commons, tq the pre- judice of his other relations ; and Ihe has rcr 3 ceived < 176 ) celved^ in confequence, 650/. fteiTing, and the remainder to be remitted to her imme-, diately. So many proofs accumulated, left no re- j fource for the pretended argument of incapa- city, which they had at firft oppofed to Mr. and Mifs Howard : they waited patiently the fuccefs of their demand, till they under- {\ood, with an c:!^treme furprifc, that it had f been rejeifted by a fentence of the Chatelct. And the affair being afterwards carried before Parliament, an arret was pafled, which con- firmed that fentence. THE END. ^ EATA in tlie follomng Page*. Page 18 Inftead of Cottons might have been fent this Coutitrfi read, //(> this Country. P. 36*>Inftead of, it would have been idle tn bet to have a(ked in cr, and us to have granted, read, and in us to have granted, &c. p. 45" Inftead of, French Woollens, till lately laid under pro hibitory duties, read, were till lately, iec. P- SooJnilead of, fhe has befides many of Dying Drugs, read, ina ny Dying Drugs. P. 89 Inftead of, to have fatisfied the moft fyftemadc parliamenCf read, the moll fyftematic cruelty. p. 148 Inftead of the Article contains, Sec. read, the zoth Af' tide contains, &c. P. 73>From the fame iron in the 8th line, add, for tixe French market. P. 9zMakes a difference in price to markets^ dele to markets. P. 130 For fmugglers, read, imusgler. P. 1 24 For 5s. read, fd. 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