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INTERESTING SUBJECTS 


or 


PUBLIC LAW AND COMMERCIAL POLICY ; 


ARISING FROM 


AMERICAN 


8 1. The Queſtion 8 
Whether the Citizens of the United | 
States are conſidered by the Law of 
England as Aliens; what Privileges | 
are they entitled to within the King- 
dom; what Rights can they claim in 
the ng Colonies of Britain. 


ing the American Trade confidered 
Faults found; and Amendments pro- 
poſed : How the late Proclamations 
affect the United States diſcufled : 


| ObjeQions pointe out; and Altera- | 


tions ſuggeſted. 


. BY GEORGE CHALMER 8. 


| 1 


{{ gued. 
6 2. The Reculatins for open- 


INDEPENDENCE. 


13. How far the Bri iriſh, Weft 

Indies were injured by the jate Pro- 
clamations fully inveſtigated; ; the 
Amount of their Wants diſcovered; 
Modes of Supply ſhewn : And the 
Policy of admitting the American 
Veſſels into W Forts r or- 


An Bender bow far 4 
Commercial Treaty with the United 
States is neceſſary, or would be ad- 
vantageous: What the Laws of 
England have already provided on 
* Subject; and the fundamental 
Laws of the A States * 


4 


{ with them. 


AVTHOR pro" A 
POLITICAL ANNALS or TRT REVOLTED COLONIES, 
AND OF 
4 ESTIMATE or rar COMPARATIVE STRENGTH or 
. BRITAIN. 


1 0 N D 0 N: 
Printed for 3: DzBRETT, oppoſite Burliugron-Houſe, 


Piccadilly, 


/ 


1784. 


UnpzroTAnD not the World ſo little as not 
to know, that he that will faithfully TY 
his Country, muſt be content to paſs through good 
report and evil report : Neither regard I which 
I meet with: _ TzurH | AM SURE AT LAST WILL 
| VINDICATE ITSELF, , and BE FOUND BY My Coux-· 
| TRYMEN, ſaid 


Wn Sun Josuu Carty. 


FUVSEVM 
BRETAN 


NICVM 


0 N 1 N 
ON 
INTERESTING SUBJECTS © 
5 | | 
PUBLIC LAW ANDY COMMERCIAL POLICY ; 
ARISING FROM 


AMERICAN INDEPENDENCE. 


PHE acknowledgment of the Independence | 


of the United States of America was cer- 
tainly an event of conſiderable conſequence to 


Great-Britain, To be freed from foreign war is 
always an object, which cannot be purchaſed at 
too high a Price, while the national honour is pre- 


ſerved. The enjoyment of domeſtic tranquility, 


with all its pleaſures and its benefits, is a blefling of 
ſtill higher value, which cannot be too much 


prized ; and ought therefore to be bees by 
almoſt any ſacrifice. 


= When 


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fi) 


When the Proviſional Articles doſed the Ame. 


rican controverſy, which having endured for years, 


had embittered private enjoyment and diſturbed 


public repoſe, an unuſual calm enſued. But, in a 
nation, where intereſt is always active and fatlion 


is often malicious; where many communicate their 
thoughts on ſlate tranſactions, becauſe every one 
has a right to do fo; the long continuance of quiet 
is more to be defired, than reaſonably to be _ 


„ 
The fituation, as new as it is obſcure, wherein 


the peace had placed Great. Britain and the United 
States, gave riſe to many difficult queſtions of pub- 


lic law and commercial policy. The attention of 
the world was again rouſed, by ſucceſſive publi- 
cations; which propagated very different opinions 


and propoſed very diſſimilar meaſures. 780 5 


theſe anxieties many aſk for intelligence ; ſome to 


gratify prepoſſeſſion; a few to exalt avarice: But, 
he who, in order to allay that ſolicitude, by 


endeavouring to inſtruct himſelf before he preſumes 


to offer inſtruction to others, may claim at leaſt 


a patient peruſal, while he diſcharges the duty, 


which he owes to a public, inquiſitive and liberal. 
The author of the following ſheets in this ſpirit ſub- 


mits his humble ſentiments on topicks, whereon 
the well-meaning and intelligent have thought very 
variouſly, with that freedom which belongs to one, 
who is conſcious of good intentions without in- 
| tereſt, and with that plainneſs of language, which 
9 is 


f 


L347 


is more ſtudious of perſpicuity than ambitious of 
ornament. 


Ul 


5 1. lt is of importance ſurely to know, prior to 


any ſtable regulation of the American trade, by the | 
legiſlature, whether the citizens of the American 


States are now conſidered by our laws as ſubjects, 


however what might have. been provided on this 
difficult ſubject, either by previous act of Parliament, 


or as aliens. Certainty in juriſprudence is doubt- 
leſs the belt preventive of diſputes. Yet, is there 


little ſaid on a queſtion, ſo intereſting to many 


hearts, in the treaty, which acknowledged the in 


dependence of the United States. To point out 


or by ſubſequent ſtipulation, would only carry us 
into a thorny path, leading to a field, unfruitful of 


amuſement or inſtruction. To examine the face 
of things as they are is as much the buſineſs of 


| Stateſmen, as it is the duty of legillators to look 


back only with a regard to the prolpett. 


The treaty, it muſt be however ns is ex- 


plicit enough, as to the political aſſociations, that 
compoſe THE STATES, which are acknowledged 
to be free and independent; but it is altogether 
Glent as to THE INDIVIDUALS, who formed thoſe. 
celebrated confederations : It admits the thirteen 
ſocieties, is their aſſociated capacity, to be ſovereign, 


by relinquiſhing all claim of government over 
them: But, it does not explicitly renounce the 
 allegianice of the coloniſts, who, at the epoch of 
the peace, were till Britiſh lubjects in contempla- 


tion of Britiſh law. For, it does not declare, that 


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[ 4 * 


the citizens of tbe United States ſhall be deemed 


aliens in future: And, it as little makes any excep. 


tion of thoſe faithſul ſubjects; who, having refuſed 
to renounce their allegiance, were denominated 
Nonjurors, by the American code; and who, 
having never done any act inconſiſtent with their 
fidelity to the Crown, merited at leaſt by their 
hazards the accuſtomed. ſtipulation, that they might 
diſpoſe of their property, without hindrance, and 
. afterwards retire, without further perſecution. 
The mere act of reſidence, within the limits 
aſſigned to the United States, might have been 


conſidered as a misfortune, but it could not ſurely 


have been deemed an offence. To ſubmit to a 


force which they could not reſiſt; to pay treble taxes 
that they could not refuſe ; are regarded as crimes 
by no ſocial ſyſtem, except by the new- -fangled 


laws of South Carolina alone * . Happily different 


is our conſtitution in this reſpect: With the united 
voice of reaſon and humanity it declares: That 
if enemies or rebels come with a ſuperior force and 


exact contributions, ſubmiſſion is not ſo much 
criminal as prudent, to prevent a public evil of 


greater magnitude 1. 


The American Nonjurors having been born 


within the king $ dominions, v were by that circum- 
Nance 


8 The ah Aſſembly of 1782 3 from 
the right of citizenſhip all thoſe, who having made a 
temporary ſubmiſſion to "the Britiſh ac were  denomiuated. 


pr o ection- men. 


+ Forſter's Crown Law, 8 340. edit. p. 217. 


vv www 8 VEL 


13:1 


"bod alone conſtituted freemen ol this realm: By 
their birth within the allegiance of the Crown they 
= acquired a variety of rights, which by our lawyers 
are emphatically ſty led their b:rtb-rights ; and which 
can never be forfeited, except by their own mil- 
behaviour, and can never be taken away, but by 


the will of their fellow citizens, expreſſed by act of 


Parliament. An alien cannot be admitted a free- 


man of this kingdom without the conſent of the com- 


munity, by an act of naturalization : neither can 


an innocent freeman be disfranchiſed, except by 
the conjoint voice of the nation. And the reaſon 
of both thoſe rules may be found in the original 
compact itſelf; which provided, that no one hould 


be admitted a contracting party, without the con- 


ſent of the whole; which equally declared, that a 


contracting party ſhould not be deprived of the ad- 


vantages of the compact, While he faithfully per- 


formed his original ſtipulations. What ought thus 


to be the fundamental principle of every Govern- 
ment is exprelsly recognized by THE GREAT 
CHARTER of England; whole language can no 


more become. obſolete, than its proviſions in favour 


of the rights of human nature can ceaſe to operate. 
No freeman, ſays the boaſt of Britain, „all be feazed,, 
or impriſoned, or outlawed, or any way deſtroyed, ex- 
cept by the legal judgment of has peers, or by the law. 
of the land. But to expel a meritorious body of 
men from the lociety whereof they had once been 
members is at once to outlaw and deſtroy them. 
The American Loyalifl faithfully performed their 


original 


—— — —3⁰i 22 2 — — 


— n —— —— Ne 
2 ISS A. co - 


E r 7 SES; 
3 AW 


T-»-] 


original ſtipulations, it was their misfortune and 


their only crime, that after they had riſqued and 
loſt more than common ſubjects, the commu. 


nity did not, in return, yield them merited protec- 
tion. " Fw | . 


If the moſt inſignificant ſubject cannot then be 


deprived of the moſt trivial privilege, without the 


moſt poſitive law, we may confidently infer, that a 
deferving claſs of ſubjects cannot be bereaved of 


every ſocial right, by mere implication. Years 
bave ſcarcely paſſed away. ſince wiſe men and pro- 


found lawyers differed in opinion, whether the act 
of Parliament, empowering the Crown to make 
peace or a truce, with the revolted Colonies, 
enabled the Miniſters of the Crown to acknow- 
ledge the Independence of the United States. 
Whatever foundation there might have been for 
that unhappy difference, the ſubſequent recognt- 
tion of the Legiſlature has removed every future 
doubt. Yet, had a power been poſitively given to 
renounce the allegiance of thoſe colonial ſubjects, 


who, in oppoſition to violence and even to neglett, 
remained unalterably attached to the Britiſh Go- 


rernment, that power has not been by the Treaty 


of Peace in any manner executed; as we may learn 
from its Glence, where it ought to have ſpoken in 
the moſt audible tone. In confirmation of the 


general inference, that the before-mentioned loyal 


| perſons, who, at the epoch of the peace, remained 


within the limits of the United States, are ſtill con- 


ſidered as ſubjeQs. by our laws, judicial authorities 


molt 


7 1 


might be quoted, if it were thought neceſſary to 
cite the decifions of judges for the eſtabliſhment of 


doctrines; which, having been interwoven into 


our conſtitution, are taught us in our youth and 


are imprinted on our hearts. 

It is nevertheleſs a very different eating; 
with reſpect to thoſe Coloniſts; who having at- 
chieved the late revolution, by their efforts, now 
form, by their reſidence, the citizens of the United 
States. Rights may be undoubtedly forfeited, 


though privileges cannot be arbitrarily taken away. 
A man's crimes, or even miſconduCtt, may deprive 


him of thoſe immunities, which he might have 


claimed from birth, or derived from an act of the 


Legiſlature : He may be outlawed by the ſentence 
ol a court of juſtice, or he may be baniſhed by the 
united ſuffrages of his countrymen. The Ame- 


rican citizens, who voluntarily abjured their So- 
vereign, avowed their deſign to relinquiſh the cha- 


rater of ſubjects: The American citizens, who 


ſwore allegiance to the Government of their own. 


choice, thereby declared their election, that they 


would be no longer connected with a State, which | 


had mortified their prejudices rather than bereaved 


them of rights: And by that conduct and by thoſe 


offences the revolted Coloniſts forfeited to the law 


all that the law had ever conferred. The Ame- 


rican Treaty however acknowledged that avowal : 


The recognition of Parliament legalized that elec- 


tion. But, whether that a& of the Britiſh Govern- 
ment, or that act of the Britiſh Legiſlature, ought 
YO PT 0 FY — Lo 


8 8 >> — 1 _—_— p _ 
. __ 


* * P rr oO” we 7 - 
2 R _ — - 


[8] 
to be conf rued as a relinquiſhment of their obe⸗ 
dience, or as a pardon of their faults, is a problem, 
which, at this day, does not merit a formal ſolt- 
tion. 

The law of b 00 as we all know) hath 
divided the reſidents within the Britiſh dominions 
into two claſſes; i ſtly, into that of ſubjects; 2dly, 
into that of aliens, who are ſubdivided into a body 
denominated denizens; a name, which implies, 
that they had once been aliens, but had been ad- 
mitted by their denization, to ſome of the privi- 
leges of ſubjects. 

But the law of England knows nothing affuredh 
of a real ſubject, or unreal ſubjeQ; to affirm of a 
perſon, that he is more a ſubje& or leſs a ſubject is to 
| ſpeak neither good Engliſh, nor ſound law; ſince 
the term ſubject does not admit of degrees: And 
every one muſt conſequently be either a ſubjedt to 
all intents, or to no intent. To admit novelties | 
into our language is almoſt as dangerous, as it is 
to allow innovations in our law. The unmeaning 
epithet real was prefixed in the Treaty *to the well- 
known terms Britiſh fubjeds, with deſign to dil- 
tinguiſh thoſe Britiſh ſubjects, Who, having been 
born without the United States, never permanently 


refided 


| ® The American negotiators have at length explained to 
the world the import of the perplexing expreſſions real Britiſh 
ſubjeQs, by their letter to the Congreſs, dated the 18th of 
July 1783, and publiſhed in the Pennſylvania Independent 
Gazette of the 24th of April, 1784: © The Britiſh Mini- 

ſters, ſay the negotiators, were unwilling to make uſe of 


py any 
©S 


Tus] 


reſided within them; from thoſe Britiſh ſubjeQs, 
who, having fixedly dwelt within the revolted 
Colonies, riſqued their perſons, and ſacrificed their 
all at the ſhrine of their attachments to the Britiſh 
Government. A narcotick was to be found, 
ſeems, to prevent thoſe meritorious ſubjeQs from 
feeling their wounds, though they had been already 
wounded beyond cure, But, on whatever mo- 
tive the Britiſh negotiators acted, the American 
negotiators inſerted thoſe unuſual expreſſions into 
the Treaty, in order to gain the virtual acknow- 
ledgment of the Britiſh Government, that the 
Britiſh Colonies had always been independent, or 
at leaſt intitled to Independence: in making that 
virtual acknowledgment the Britiſh Government in 
ſome meaſure admitted, that there had exiſted 
American ſubjects and Brit n ſubjets; that the 
American loyaliſts, having been American ſubjects, 
had incurred confiſcation, becauſe, in their active ad- 
herence to the Britiſh Government, they had violated 


their allegiance to the United States. The pretenſion 3 


and the admiſſion were both equally irrational and 
illegal. Yet, by that ſignal tranſaction both parties 


. 5 alurmed, 
5 . C 5 | 

any terms that might give uneaſineſs to the Refugee T; ies, 
and the terms real Britiſh ſuljecs were well underſtood and 
aſcertained, not to mean, or comprehend American Re- 
fugees and it was only a more delicate mode of excluding 
the Refugees, and making a proper diſtinction between them 
and the ſubjects of Britain, avho/e only particular interef? 7: 
America conſiſted in holding lands and property.“ Aud thus 


| have we aſcertained who arc, and who are not, real Britin 


12 
affirmed, that the citizens of the United States were 
to be regarded in future as aliens. 
The American citizens can therefore, by no 
mode of ſpeech, or by any principle of law, be 
deemed Britiſh fubjects; unleſs thoſe aſſociations 


of mankind are ſubjects, who owe no allegiance to 


the Britiſh Crown, or any obedience to the Britiſh 
Government; that allegiance, which is ſaid to in- 


5 clude all the engagements owing from ſubject to 


Sovereign; that obedience, which is ſtyled em- 
phatically the very eſſence of law. But, the King 
of Great. Britain has formally relinquiſhed all claim 
of ſovereignty over the United States and all pre- 
tence of government over the American citizens: 
And the Parliament, by recognizing the act of re- 
nunciation, virtually expreſſed the aſſent of the 
community to the expulſion of the American citi- 
zens from the ſocial compact, which binds every 
member of the Britiſh State together. The citizens 
of the United States are not certainly denizens, 
becauſe they can ſlew no letters of denization, 
- which indeed would prove, that they had there- 
fore been aliens. Now, he who is neither a ſub- 
ject, nor a denizen, is deemed by the law of 
England an alien. 1 Es 
Were we to turn over only a few pages of 
hiſlory, the faithful handmaid of juriſprudence, 
we might diſcover illuſtrations of the foregoing 
reaſonings, though we ſhould probably find no 
precedent of a people, who continued Engliſh ſub- 


jetts, alter the Engliſh Government had renounced | 
their 


1 
their obedience. The ancient annals of Scotland 
will furniſh ſtriking examples. When Edward I. 
acquired by his policy from the meanneſs of Baliol 
more than by his power from the ſubmiſſion of 
the nobles, the virtual ſovereignty, though not the 
direct dominion of Scotland, the Scots became by 
that ſignal event the fellow ſubjects of Engliſhmen : 
When Scotland, in her turn regained, by the gal- 
lantry or prudence of Bruce, her ancient indepen- 
dence, the Scots immediately became aliens to their 
too powerful neighbours : Yet, the Engliſh did not 
formally renounce the government of a nation, 
whoſe obedience they were unable to enforce. 
And the Scots continued aliens even after the for- 
tunate acceſſion of James I. to the throne of Eng- 
land. Thoſe Scotſmen alone, who were born after 
that epoch, were conſidered as fellow ſubjects of 
Engliſhmen, till a much happier event united in- 
ſeparably the two pepple together. 

If from our iſland we tum our inquiries to the 
neighbouring continent, we ſhall find, that Nor- 
mandy and Aquitain, Tournay and Calais, were 
_ unfortunately once poſſeſſed by the monarchs of 
England. During that ſaid period, of foreign 
expeditions and domeſtic penury, the reſidents of 
each of thoſe countries enjoyed all the privileges 
of ſubjects. When each however became ſuc- 
ceſſively ſeparated from this realm, by the imbe- 
cilities of folly co-operating with the efforts of 
ambition, the inhabitants of all thoſe foreign do- 
mivions became, in their turn, aliens to the 
RT oY Cron. 


© 1008 A009 — —— 3 


1 12 } 
Crown. France too was conquered in an evil 
hour by England, during the glorious yet miſer- 
able days of our Edwards The French became 
by that unſalutary meaſure the fellow ſubjetis of 
Engliſhmen. And to this hour the Britiſh ſo— 


vereign enjoys the flattering though unproduc- 
tive title of King of France: Yet, the French for 


ages have not been conſidered. as Britiſh ſubjeQs; 
ſince they certainly owe no allegiance to the Bri- 


tiſh Crown, or yield any ſubmiſſion to the Britiſh 


Government. The ſame ſtroke of fortune, either 
adverſe or happy, which deprived the reſidents of 
all thoſe provinces and towns of the protection of 
one common Sovereign, breke aſunder the bands 


ol allegiance, that formed the connection between 
them: For, the Engliſh Government being either 


renounced, or withdrawn, the people continued 
no longer ſubjects than their obedience could be 
aſked and enjoined. 


Olk the truth of the foregoing reaſoning the ceſſion 


of Surinam by Charles II. to the Dutch furniſhes 


a direct proof. By the treaty of Breda it was 
agreed, "That both parties ſhould retain with 
plenary right of ſovereignty, propriety, and poſſeſſion, 
all ſuch lands, iflands, and colonies, as either had 
theretofore gotten, or retained from the other.“ 
Theſe expreſſions are general; yet, indefinite as 


they are, they were deemed ſufficiently energetic 


to transfer the allegiance of the Engliſh coloniſts 
to the States- —_— and the allegiance of the 
Dutch coloniſts at New-York to the Engliſh 

Crown 


[13 f 


Crown. The Engliſh. inhabitants of Surinam 


were thenceforth conſidered, by the ableſt ſtateſ- 


men of both countries, as ſo excluſively the ſub- 


jects of the United Netherlands, that the King of 


England could not even interpoſe as mediator be- 


| tween their new ſovereigns* and them. In this man- 
ner were the expreſſions plenary right of ſovereignty 
conſtrued to have converted coloniſts, who had 
once been ſubjects, into aliens, who could no 
longer claim the privileges or protection of the 
parent ſtate. And from this deciſive precedent 


we way infer, that there was no neceſſity to inſert, 
in the American Treaty, a clauſe, renouncing the 
allegiance of the coloniſts, ſince the ſovereignty of 


the country being relinquiſhed and the govern- 


ment withdrawn, it could anſwer no good pur poſe 
to retain the ſaith and ſubmiſſion of the people. 


It ſeems thus impoſſible to repel thoſe general 
inferences and that legal concluſion, by the moſt 
liberal conſtruction, which has been ever made of 


the various ſtatutcs of naturalization from the days 


of Edward I. to the preſent. IT he well known 


law + of that celebrated conqueror appears to 


have received an explanation much larger than 
the narrow neſs of the words would at firſt fight 


juſtify. The capacity to inherit, which by them 
were gen! to the children, * Whoſe father and 


' mother 


'* MSS. Memorial of John De Witt, with the anſwer 
thereto, 5 . | 
+-25 Ed, UI. Stat. 2. Of thoſe that be born beyond 
the Sea,” 5 _ 


nl 


mother were at the faith of the King, and oe 
| ſhould be born without the ligeance of the Crown,” 


has been enlarged by judges, who wiſhed to con- 


tract the diſabilities of aliens, into an act of na- 
turalization“ . For, it has been decided, 6“ That 
though an Engliſh merchant marry a foreigner and 


has iſſue by her born beyond the ſeas, that iſſue 
is a natural born ſubject; yet, if an Engliſh wo- 
man go beyond ſeas and marry an alien, ho 


| have iſſue born beyond the ſea, f! ſue are 


aliens.“ 
Such was the law prior to the reign of Anne ; 


405 an act t of Parliament was paſſed ſoon 
after the Reſtoration, in favour of a meritorious 


elaſs of men, the children of thoſe ardent loyaliſts, 
who had followed the fortunes of Charles II. into 


exile. It was owing more perhaps to momentary 


paſſion than to any well-weighed policy, that the 


flatute of Anne I was paſſed—“ for naturalizing 
foreign Proteſtants.“ A collateral clauſe of this 


act declared, That the children of natural born 
ſubjects, born out of the ligeance of the Crown, 


ſhall be dee med natural born fubjeQs of this king- 


23 


dom.“ And the act recited, as the moving prin- 


ciple of the legiſlature, That the encreaſe of 


people is the means of advancing the wealth and 


ſtrength of a nation.” General poſitions in poli- 
| tical 


_ #* Molloy Dejure Marit. Book iii, of Aliens. 
+ 29 Cha. II. chap. 6. 
t 7 Ann, chap, 5. 


— 8 
tical] ceconomy always lead to miſchievous error. 
The Parliament diſcovered ere long, that they had 


applied the noſtrum of a quack in a caſe, where 


they ſhould have adminiſtered the medicine of a 


| phyſician. And it became apparent at leaſt to the 
wiſe, that giving employment to the idle is 


the only mode of promoting the encreaſe of 
the people, and of advancing the wealth and 
ſtrength of a nation; while the inviting of 
foreigners into a country, whoſe inhabitants are 


not fully employed, is at once to ſtarve the poor 


and beggar the rich. Owing to theſe cauſes pro- 
bably the clauſe of the ſtatute of Anne, which had 
naturalized all joreign Proteſtants, was in three 
years revealed *, 


Doubts ſoon aroſe, it ſeems, with regard to the 
conſtruction of the remaining clauſe, allowing 
ſeoreign born children of fubjefts the privileges of na- 
turalization, which induced the Parliament to paſs an 


Act to explain it T. And to effectuate this laudable 
purpoſe the Statute of 4th George II. enacted, 
That all children who had been born out of the 


ligeance of the Crown, whoſe fathers were natural 


born ſubjects, at the time of the birth of ſuch chil- 
dren, ſhall be deemed natural born ſubjects.” 
Thus, an act of explanation was really converted 


into an act of reſtriction: For, the more compre- 


henſive word, ſubjef, in the Satute of Anne, was 
converted 
* By 10 Ann. 1 5. The Palatines had locked to 


England in great numbers. 
T 4 Geo. II. ch. 21. 


[16 1 
converted, by the Statute of George, into the more 
reſtrictive term, fathers. And it added various 
proviſos; excluding the children of attainted per. 
ſons, tnen being in the actual ſervice of any Printe 
at enmity with the Crown; and repelling particu- 
larly © the children, whoſe father, at the time of 
the birth, was liable to the penalties of treaſon, or 
felony, in caſe of returning into this kingdom 
without licence.” Thus, the Statute of the 4th 
George II. reſtored the law, as it had for ages been 
conſidered from a liberal conſtruction of the Act of 
Edward III. with reſtrictive proviſos againſt the 
iſſue of delinquent fathers. And from this recapi- 
tulation we may reaſonably conclude, that ſince the 
operation of Edward's law did not prevent whole 
communities from becoming aliens, when the 
Government of his feeble ſucceſſors was overturned 
or withdrawn, much leſs can the ſtatute of the 4th 
George II. fave the citizens of the United States, 
from being regarded by our common law as 
aliens. 
Whatever . may be allowed to thoſe rea- 
ſonings, or to thoſe facts, it muſt be admitted, 
that in ſome important points of our naval policy, 
the American citizens are declared to be aliens, by 
AQ of Parliament, The ſtatute *, © for preventing 
frauds in the Cuitoms,” deciares, That whereas the 
act of navigation requires the maſter and three- 
 fourths of the mariners of every Engliſſi ſhip to be 
Engl Yn; it is to be under ſtood, that any of his Ma- 
Dog 5 
* 13—14 Cha, II. . 1. fec. 6. 


t 97 4 
jeltys ubjects of England, Triad, or his plata. 
_ tions, are to be accounted Engliſh, and no others.” 

Whether a theoretic problem, which ſeems to 
lead to no practical uſe, merited the time, or the 
ceremony, of ſo much inveſtigation, is a queſ- 
tion that may be readily aſked, yet may be eaſily 
anſwered. Political diſquiſitions, which have no 
tendency to promote the ends of juſt Government, 
by making rulers wiſer, or ſubjects happier, ought 
doubtleſs to be avoided, at leaſt by wiſe and good 
men, as ſpeculations, idle and unprofitable. Yet, 
it muſt be allowed to be a conſideration of great | 
practical utility, if it could be determined with 
reaſonable certainty, who are the ſubjetts of the 
ſtate, during peace, and its aliens, in war; that 
we may be enabled to diſtinguiſh clearly treacher- 
ous rebels from avowed enemies. The privileges, 
which belong to ſubjects are extremely diſſimilar 
to the immunities that appertain to aliens: The 
treatment, which humanity offers to enemies amid 
the hoſtile conteſts of nations is by juſtice ſeldom 
extended to rebels. And experience hath ſuffi- 
ciently evinced to the moſt inattentive obſerver, 
| that dubiouſneſs of law is the never failing ſource 
of public difquiet and ef private miſery: It is 
always more ealy to prevent litigation than to end 
it. If thoſe topicks of general remark ſhould not 
e allowed decifive influence, it muſt be ad- 
mitted, that arguments drawn from the fountain of 
conſequent inconvenience ought to meet with ample 
diſcuſſion i in the conſults of wiſe legifators. If the 

D American 


- — n mon 
— rr. . end ee IS ns ͤ ͤö—ꝛ—ᷣ— oe _ 
2 — _ —— — — 
* 
z N 
= . — 
% 


E 


American loyaliſts, who remained within the limits 
of the United States, even after the peace, are ſtill 
to be regarded as ſubjects, (as we have endeavoured 


to evince} they muſt neceſſarily be intitled to the 
peculiar, privileges of ſubjects: They may inherit 


then the lands of their anceſtors; they may act as 


merchants or as factors in the Britiſh plantations; 
they may as. mariners or maſters navigate any Bti- 


tiſh veſſel; and they may execute any office of pro- 
fit or truſt, or fit in either Houſe of Parliament : 
And when any of thoſe rights are denied them, 
(if we except the privilege of fitting in Parliament) 


they may reſort to Weſtminſter Hall for redreſs of 


| ſome of their wrongs; where juſtice i is adminiſtered 
happily, according to the principles of rigid law, 
without regarding the dictates of convenient policy. 

But, if the American citizens are conſidered as 
aliens they can only enjoy the more ſcanty immu- 
nities, that to aliens belong: They can by no 


means claim the invaluable privileges, which the 
American loyaliſts muſt as ſubjects be thus allowed 
to poſſeſs, in every dominion *of Britain; though 


within the United States even theſe muſt act as citizens 


by yielding a local ſubmiſſion, while they continue 


their reſidence. The confuſion in policy, in law. 
and in practice, which muſt reſult from the un- 
common circumſtance of two diſtinct claſſes of 
men, reſiding in the ſame country, yet pretending 


different rights, within a foreign nation, are al 


lapparent, and ought all to be precluded, by mea” 
ures of precaution, To a ſtate of anarchy, thus new. 


and 


1 


—— — — 
. 7 


and chien it is unneceſſary to add that it 
has been found ſufficiently difficult to man our 
navy, during the civil war, from the ſeamen in- 
ting, that, ſince they had been born in Ame- 
rica, they could not be preſſed to ſerve, The 
buſin:{s of our Cuſtom-houſe requires no further 
perplexities, from the difficulty of knowing aliens » 
from ſubjects, under a complicated ſyſtem, which 
by the contradictory operation of new ws WIT: 
daily more complex * e 
Men of cautious tempers may be dee 4 by the 
foregoing reaſons to think, that a legiſlative decla- 
ration is neceſſary, to remove doubts, and to pre- 
vent difficulties. It would require only a few 
words in an Act of Parliament to declare, that the 
citizens of the United States are aliens to the 
Crown ; and to provide, that all perſons, who had 
been once Britiſh ſubje s and reſided within any 
of the United States, before or at the ratification of 
peace, ſhall be deemed Britiſh ſubjects, on con- 
dition, that fuch [apt ry ſhall before or on the 
7”, Wy. on ſettle in any of 
the dominions of the Crown and take the oath of 
allegiance. 

To a clauſe, thus fimple i in its creation, yet preg- 
nant in us effect, it is not eaſy to perceive what 
could be reaſonably objed ed. Such a clauſe would 

not impugn the American treaty : The legiſlative 
declaration would rather confirm its principle and 

give efficacy to its meaning. Such a clauſe would 
doubtleſs ſhock the prejudices of thoſe, who wiſh to 
3 imitate 


| 1 20 Þ 
imitate in reſret to the United States, that notable 
policy of Cromwell *, whereby he tendered to the 
* cautious Hollanders the privileges of Engliſhmen, 
both civil and commercial. It is the eſtabliſhed 
law however, which runs counter to thoſe preju- 
dices, 'working as the law does, on the new ſitua. 
tion, wherein nature and their own efforts had 
placed the American citizens. The act of Par- 
liament, with a wiſdom which belongs to the legiſ- 
lature, would nearly extinguiſh the hopes of thoſe 
viſionary men; who flatter themſelves, that amid 
the anarchical changes of the times, the United 
States may defire to be admitted to a fœderal 
union with Britain: and the act would greatly 
allay the jealouſy of thoſe American citizens, who 
dread the attempts of Britain to regain by intrigue, 
what ſhe had been unable to effect by force, Wile 
men act from juſt reflection and previous concert: 
The unexperienced alone apply remedies to diſor- 
ders, that have already made a progreſs, 
2. When the American citizens are in this man- 
ner admitted in argument, or declared by law, to be 
aliens, it may be of conſiderable uſe to inquire, 
what immunities the law of Ergland allows them 
| | MII | 5 within 


Cromwell, ſays Hume, had revived thechimerical ſcheme 
of a total conjunction of government, privileges, interelts, 
and councils, with the United Provinces, This project ap- 
peared ſo wild ta the States, that they wondered any man 
of ſenſe could ever entertain it; and they refuſed to enter 
to any conferences with regard to ſuch a . kli. 
dvo. edit. 7th v. p. 236.] 91 140 


b = ] 


within the realm. » We ſhall probably find, that on 
this head of our juriſprudence we may juſtly boaſt, 
among the European nations, of its liberality and 
its wiſdom. In this temper Sir Mathew Hale re- 
marked, (and he who thinks with Hale will ſeldom 
think wrong) *© that the law of England rather con- 
tracts than extends the diſabilities of aliens.“ 
Every civilized ſyſtem has eſtabliſhed the conve- 
nient diflinQion, which the law of England has 
certainly made, between aliens and ſubjects; by ex- 
cluding the firſt claſs from the privileges 'of the 


' laſt; and which we ſhall ſee in the reſult, the 8 


American States have eſtabliſhed as a fundamen- 
tal maxim of their free conſtitutions, Yet the lar 
of England, with a ſpirit ſomewhat diſingenuous, 
allows the alien © to purchaſe lands, but not to his 
own ule ; ſince the King is thereupon entitled to 
them: yi And the alien can' therefore maintain no 
| action i in any court of juſtice, with regard to proper- 
ty, which the law does not allow him to hold. But, 
he is fully allowed to enjoy even lands for the tem- 
porary purpoſe of traffick ; at the ſame time that 
he is amply protected in his perſon, in his effects, 

and his reputation. That our great charter 
| ſhould have extended, by a ſpecifick clauſe, the 
fame ſecurity to foreign merchants, as it preſcribes 
for the Liverymen of London, or the Citizens of 
Dublin, is a happy circumſtance, which has gain- 
ed our commercial ſyſtem the honour of Mqnteſ- 
quieu's praiſe, Nor, does it detract any thing from 
8 7 che 


F 9 1 


the celebration of our Engliſh Juſtinian *, that he 


granted a charter of liberties to merchant ſtran- 


gen. | | 
From laws , which do not merit-leſs of our 
commendation, the American citizens may de. 


-. —_—_ alien traders, © to be uſed within the 


kingdom, as merchant denizens are in other 
countries.” And the American citizens may inſiſt . 


hen they come into the realm, that they be 


honeſtly entreated as to the payment of taxes,” 
Notwithſtanding this apparent liberality merchant 


ſtrangers were till lately ſubjected in Great Britain, 
as they are even now in Holland and France, to 


thoſe alien duties, which the avidity of every ſtate 


had eſtabliſhed in favour of ſubjects, before the. 


ſpirit of commerce had ſoftened the manners of 


mankind. The origin of thoſe duties in Britain 


may be traced up to the unpolluted ſource of the 
agreement of the foreign merchants themſelves, 
when they received their charter of liberties from 


the legiſlative hand of Edward Iſt. Merchant 


ſtrangers are {lll ſubjected, in the port of London, 
to ſeveral duties of no great burden, which belong 
to that opulent Corporation ; the barbarous origin 
of which may be conjectured from the barbariſm 


of their appellations ; of ſeavage and package, of 


Fo ge 
8 The Charter of Edward I. is publiſhed by. Molloy, 
his Treatiſe, naval and commercial, Book ii. x 
+ From the 9 Hen. III. ch. 9. 5 Hen IV. ch. 7. 
+ Eu the authority of the 12 Cha. II. ch. 4. 


X'S 1 


porterage and water bailage. By az an act of. Parlia- 


ment *, which had the prevention of fraud for its 


end, the children of aliens are excluded, when under 


one and twenty years of age, from acting as mer- 


chants, or from entering goods at the Cuſtom- 

houſe: And alien fathers are thereby precluded 
from ſitting as jurors on the trial of cauſes reſpecting 
the 3 though this excluſion may be re- 


garded by ſome, as a greater benefic than a diſad - 
vantage. Þ 


Under the protection of. thaſe a 3 
without the aid of a commercial treaty, the Ame- 


rican merchant may ſecurely carry on his traffic: 
Under their friendly ſhade the American traveller 
may inſpe& our curioſities, or view our arts, 
without fear of the droit d'aubane of other countries ; 


ſince he may diſpoſe of his effects by teſtament, 


or the law will preſerve them for his next of kin. 
Aliens indeed cannot in Britain, more than in any 
other nation, execute any office of profit or truſt, 
or accept of any grant from the Crown, or fit in 
either Houſe of Parliament T. But, from the fore- 
| going concatenation of circumſtances we may ſurely 
infer, than an alien friend is altogether conſidered 
as the moſt faithful ſubject, in reſpe& to the pro- 


tection of his perſon, his good- name, and his pro- 


perty ; which includes nearly all his rights. And 


thus much with n to thoſe privileges and diſ- 


| | 


. 1 3—14 Cha. 11. ch. 11. be. 1011. | 3 
+ 12—1g Wm. III. Ch. 2, ſec. 3. 1 Geo, II. ſtat. 2 = 1 


N 


— 
* 

.* 
12 
N 
$1 
+ 


* 
8 — — — 


S ES Os r — 
— — ear ee 


— — 
— 


wy —?ĩ— ] IEICE SA —— 
D - 


E 
abilities, which the American citizens derive, ag 
aliens, from the operation of the law of England, 


; within the realm. 


3. We are thence led naturally to mention 
thoſe excluſions, which reſult from ſtatute, more 


than from our common law, as to the external 
commerce of American traders. A regard to the 


national defence, by increaſing the number of ſea- 


men, induced the Parliament, in the laſt century, 
to declare ®, contrary to the example of other 


legiſlatures, that no goods ſhall be ſent coaſtways 
in alien-ſhips ; that all veſſels ſhall be deemed 
foreign, except ſuch as ſhall be built, within the 


King's dominions, or ſuch as ſhall be made prize, 
under ſpecific conditions. The Parliament were 


led about the ſame time, by the ſame motives, to 
prohibit all foreigners from trading with our tranſ- 


atlantic ſettlements, and our olantatibnz from trading 
with foreigners: And by the active energy of this 


law, the United States were excluded, ſubſequent 
to the epoch of their independence, from carrying 


on any commerce with the Britiſh colonies and the 


Britiſh colonies were thereby forbid to carry on 
any commerce with them. By the act “ for en- 
Lots 26, the ne fiſhery ; * which 


| enforces = 


„ 8 2. 18. which was keen 7--8 Wm. III. ch. 22. 


F 10—11 Wm. III. 1 25. There is reaſon to ſuſpect, 
that Mr, Oſwald did not much conſider this law, when he 
negotiated the American Peace. By the treaty the American 
cizent were allowed to take any ſort of fiſh at all tae fiſhiog 
——— ee 


LO. 
enforced rather than enfeebled the ſalutary fpirit - 
of that law, no alien or ſtranger ** can take bait or 
uſe any fort of trade, or fiſhing, in that iſland, or 
in any of the Bays or fiſhing places around it.” 
Owing to the prohibition of ſome of thoſe laws, the 
American citizens cannot reſide as merchants or as 
factors, or execute any office of truſt, within the 
Britiſh plantations. Yet, as foreign Proteftants 
they may regain, by a ſeven years uninterrupted 
reſidence within thoſe plantations, the colonial 
rights, which belong to Britiſh" ſubjects. With- 
out that reſidence, or an act of naturalization, our 
traders can employ none of the American citizens 
as maſters or mariners in the ſailing of their ſhips, 
And thus much with regard to the queſtions, 
whether the American citizens are conſidered as 
aliens by our laws; what immunities are they, 
as aliens, entitled to within the Kingdom z what 
regulations are they governed by in their external 
traffick, VVT 

9. The American Aſſociations having in this 
manner acquired independence; the American ci- 
EG; 


places of Newfoundland, But, whether the right to catch 
fiſh includes the right to catch bait is a doubt, which the 

Dutch juriſts may anſwer. A French Stateſman, when he 
wanted to quarrel, would here find a ſubje& for quarrel. 
And it would be an act worthy of the prudence of Parliament 

to repeal that ſtatute, as far as it tends to prevent the Ame- 
rican States from enjoying the full right of fiſhing, from a 
law and a treaty ſanding oppbſed to each other; in order to 
evince to the world with what good faith this nation executes | 
the letter and the meaning of every national compact. 


— 2 — 


—— «? I — — — — —Uäẽ— ̃ ³— 
* * 5 


— ———_— — 


{ 26 J 


tizens having thus become aliens to the Crown; it 


was the laws rather than the government of Great- 
Britain, which, from the date of the peace, atten- 
tively viewed both in the exalted ſituations, that 
both had eſtabliſhed for themſelves. The Britiſh 


\  Gavernment, enjoying happily no diſpenſing 


Dower, could not prevent the operation of thoſe 
Iritiſh laws, which had impoſed diſabilities and en- 
forced reſtrictions. And by accurate inquiry we ſhall 
probably find, that the Britiſh government have 
been hitherto only anxious to remove the various 


obſtructions, which reſentment and retaliation had 
thrown into the channel of our American trade. 


However the nation might have felt how ſhar- 


| per than a Serpent's tooth it is to have thankleſs 


children,” —it was ſurely wiſe in the Britiſh Go- 


vernment to forget all the paſt; when the Ameri- 
can commerce was to be regained, if the American 


commerce in its greateſt poſſible extent be a deſir- 


able good. Animated by this worthy ſpirit the Le- 


gillature ſoon repealed two acts of Parliament “, 
which the hoſtile aſſociations of late times had re- 
quircd ; becauſe it was deemed *© highly expedient, 
that the intercourſe, between Great Britain and the 


American States, ſhould be immediately opened.” 
The ſame ſenſe of expediency gave riſe to a ſecond 
act of Parliament +, which exempted American 
_ veſſels from the neceffity of producing an). certi- 


ficate 
By 23 Geo. III. ch. 26. 
F 23 Geo. III. ch. 39. 


t 7 1 
ficate or manifeſt at the Cuſtom-houſe, except ſuch 
bonds as are uſually taken for the faithful exporta- 
tion of goods intitled to a drawback, or a bounty; 
and which empowered the King | in Council, dur- 
ing a ſhort term, to make temporary regulations 
for the American trade. Extraordinary as this : 
power was, the act which conferred it may be re- 
garded as one of the wiſeſt in the ſtatute bock; 
becauſe, by avoiding the dangers of, over credu- 
lous haſte,“ it furniſhed the intelligent with oppor- 

tunities of reviewing a ſubject, complicated at once, 
by a conſideration of contradictory laws, and by a 
regard to domeſtic policy, as well as to o foreign 
: interelts. 
In purſuance of power, chus uncommon a and 
| een the American commerce was ere long 
turned into a more favourable channel than that 
wherein it had formerly flowed, when the United 
States conſtituted Britiſh Colonies. We ſhall lee - 
this truth, obſcure only to thoſe who ſhut their eyes, 
in the. moſt ſtriking light, by taking two diſtin 
views of our tranſatlantic trade: 1ſtly, of the exports 
from Great B:itain to the United States: 2dly, of 
the imports. from the IInited States to Britain; as 
both have beeen regulated by the late Progilmpar 
tions. 
By che repeal of the prohibitory * 4 the 
Meas were left free to renew their former connec. 
tions, or to engage in new adventures; though no 
other power than the intereſt of merchants exilicd 
indeed, to ſtimulate the cautious, or to reſtrain the. 
Eo v Tee 8 TOE 


[28] 


haſty. The proclamation of the 14th of May 
1783 endeavoured, with the beſt intentions though 


not with the beſt ſucceſs, to quicken mutual deſire, 


by communicating additional motives : And by 
it, the ſame bounties, drawbacks, and exemptions 
were allowed on merchandizes, which ſhould be ex- 
ported from Great-Britain to the United States, as 


are allowed to any Britiſh Colony. The purpoſe 


of this regulation was good, but the means were 


Fante miſtaken. | 

The high duties on importation : are the genuine 
parents of drawbacks. It was ſoon perceived, at leaſt 
by the traders who paid the cuRom, that a foreign 


commodity, when re-exported to a ſecond market, 


muſt be diſpoſed of dearer in proportion to the 


advance of every charge, or not ſold at all. And 
Hence, a regard to the profit of freights, as much as 
to the augmentation of ſailors, dictated the policy 
ol allowing the merchant to draw back almoſt the 


whole of the duty, which he had advanced on 


the import. Under the prevalence of this ſa- 


lutary ſyſtem the colonills purchaſed every Euro- 


pean manufacture and every Eaſt India luxury even 
cheaper than thoſe commodities could be bought in 
Britain. But to confer this gratification on our 


planters required a defalcation from the public re- 
venue of about C. 100, ooo, a year, at the peate of 
1763. And, during the preſſures of that moment, 


ä ir was thought prudent * * to allow no part of 


the 


By 4 Geo. III. ch. 15. 


( 29 1 
the old ſubſidy to be drawn back on the manufkac. 
tures of Europe or A ſia, which ſhould in future be 


ſent to the Colonies, except wines, white calicbes, 
For it was known; or at leaſt ſup 5 
poſed, that foreign traders could enter into no com- 


and muſlins.“ 


petition with Britiſn mercharits in the markets of 
the Colonies: And the ſtopping of the draw backs, 


it was hoped, would impoſe a tax on the planters 


to the amount of the ſaving, which ſhould be thereby 


made in the Revenue. But the drawback was con- 
tinued on the exports to foreign markets; becauſe, 


in their fairs Britiſh traders might expect compe- 


titors. If this account ſhould be allowed to be 


accurate, the regulation of the 14th of May, in 
reſpect to drawbacks, cannot eafily be maintain- 


ed to be right. And prudence, as well as juſ- 


tice, requires, that there ſhould be allowed the 
fame drawbacks, bounties, and exemptions on 
the exports to the United States,. as are paid on 


the commerce to other foreign countries, ſince 


ſuch regulations would certainly be moſt beneficial 
to them. If we determine, from an attention to 
| practical effects, more than from the reſult of 


theoretick reaſonings, we may infer, that the diſ- 


advantage of retaining five in the hundred on the 


value of every cargo has been n Anfch, or 


N it was little known. 


From thoſe diſcuſſions, as to the export of 


our ng Surg we proceed ſecondly, to te- 
count the various motives, which have been in the 
| lame manner given to the American planters, in 

order 


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order to induce them to ſend their ſurplus pro- 
ducts to Britain. By the proclamation of the 
. 14th of, May the  unmanufaftured productions of 
the United States were allowed to be imported, in 
Britiſh, or American veſſels, by any Britiſh ſubjeR, 
or American citizen ; paying only the ſame duties, 
which Coloniſts pay, even without the accuſtomed 


_ Certificates : And the ſame proclamation conferred 
the full benefit of this order on ſuch American ſhips, 
as had arrived, fince the 20th of January 1783. 


By being thus placed on the favourable. footing of 


Britiſh coloniſts, the American citizens are exempted 


not only from the payment of thoſe alien duties, 
which all other aliens muſt pay, but even from 


' thoſe alien duties, that were payable on the mer- 


chandize of aliens, when imported in Briliſi ſhip- 


| ping. The admiffion of American oil, * * 


ſame proclamation, however advantageous to the 
New-England fiſheries and detrimental to ours, 
does not merit much cenſure, or remark ; becaule 
a regard to the beſt nurſery of Britiſh ſeamen has, 
by a recent order of Council, rectified the probable 
overſight. | | : 
- Liberality of annduR is 3 . But, in 
ieee regulations it is the more laudable, 
becauſe we ſee, in them, the dictates of intereſt ſo 


often preferred to the ſuggeſtions of policy. It is 


to be regretted, that the American citizens received 


unkindly the exemption from taxcs, which all other 
aliens muſt pay. Such a reception of ſuch a boon. 


mult excite the jealouly of neighbouring nations, 
whole 


e 
whoſe enmity or hate are of greater importance to 
us. There are wiſe men indeed, who think, that 
the abolition of the alien * duties would promote 
our commercial intereſts: There are intelligent per- 
ſons, who ſuggeſt, that the impoſing of the alien 
duties on alien ſhips rather than on alien merchan- 
dize would augment our naval ſtrength. The ſen- 
timents of both may be conſidered as Juſt, in pro- 
portion as we are directed in our defires to the 


accumulation of riches, or to the acquiſition _. 


power. We boaſt in vain of our religion and 
liberty, of our laws and our wealth, if our ſhips 
are driven from our element as iſlanders and we 
are obliged to make conceſſions to our foes, who 
have lately fought us on the ocean with inferior 
| fleets. When the legiſlators of a naval nation are 
about to give encouragement, or protection, to the 
induſtry of their people, they ought to fix their eyes 
ſteadily on the ſeamark, which directs the national 
efforts to the invigoration of ſtrength, rather than 
to the encreaſe of opulence. And in theſe conſi- 
derations of nautical force and public ſafety we 
diſcover the fundamental principle of the aQs 
of navigation; which were eſtabliſhed in oppoſi- 
tion to domeſtic and foreign clamours ; which have 
nevertheleſs produced ſo great an augmentation 
of our native ſhipping and ſailors; and which 
ought therefore to be ſacrified to no projects of 
private gain, or deſires of particular gratification. 
+ „„ 


. The alien duties have been lately aboliſhed. 


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In oppoſition ta thoſe arguments, it is not eaſy 


to approve altogether of the meaſure of allowing f 


the un manufactured products of the American 
States to be imported in American veſſels, without 
paying the alien duty, while other foreign nations | 
continued to pay it. Who can in the leaſt ap. 


- prove of the policy of the ſtatute“, which impoſed 
the alien duty on alien goods when imported in 
Britifk ſhips ? Both meaſures were adverſe to the 


principle of the acts of navigation, becauſe, how. 
ever advantageous to the American citizens, both 


had a tendency to diminiſh the number of Britiſh 


ſhipping and ſailors. On the other hand the ſpirit 
of thoſe laws requires, that the regulation ought to 
be reverſed, by impoſing the alien duty on Bruſh 
property when imported in alien ſhips. And 
urged by ſimilar confiderations of felf-defence, 
Sir Joſiah Child propoſed upwards of a century 
ago, what mult appear very extravagant in the 


preſent times, — That a law be made to impoſe a 
cuſtom of at leaſt fifty per cent. on all Eaſtland 
commodities, timber, boards, pipe ſtaves, anp 
ſalt, imported into England upon any ſhips but 


Engliſh built, or at leaſt ſuch as are failed with 
an 2 maſter and three- fourths Englijh ma- 


riners. 


Thoſe arguments and that authority were either 
forgotten, or neglected, when the Privy Council 
iſſued the proclamation of the 6th of June 1783; 
or perhaps that body was carried away by its 
anxieties t to conciliate American Nd, and to re- 

X 49 | gain 
2 Geo. II. chap. 34. * 20. 


15 28: 4 
gain a long loſt trade, which for years had been- 
löudly repreſented as the only commerce worthy. 
ol our care. It is not ſo ealy to diſcover - the 
neceſſity or the uſe of that part of the proclamation, 
which expreſsly perfnits the importation of naval 
ſtores. By the regulation of the 14th of May they 
ſeem to have been allowed a free importation, un- 
der the general terms unmanufafured products. 
For, pitch, tar, and turpentine, maſts, yards, and. 
bowſprits, and even indigo, which is equally enu- 
merated, cannot be brought to the place of ex- 
portation in any lower ſtate of manufacture, than 
that wherein they have always been fold. Enume- 
rations, which follow general words, always create. 
doubts where none exiſted before; while compre- 
henſive deſcriptions, that follow particular enumera- 
1 tions, only enlarge the rule, without creating a 
difficulty. The cuſtom-houſe officers have already 
had occaſion to aſk, if pot-aſh be an unmanufactur- 
ed product? It is to be regretted, that our great lexi- 
cographer did not find the word unmanufattured in 
any of the Engliſh claſſics, ſince its various uſe 
might have eſtabliſhed its different meaning. The 
ſtatute of the 8th George I. has applied to timber 
the epithets wrought or unwrought, whilſt the ſame 
law, with a prudence which belongs to the legiſla- 
ture, enumerated the various goods, that, in mer- 
cantile language, are denominated lumber. In vain 
we ſeek for words ſufficiently accurate to convey 
the idea of allowing the importation of American 
products, as they come from the ſoil, almoſt in 
Bs „ 2 their 


[_34 ] 


their natural ſtate, yet excluding ſuch American 
merchandize, as haye undergone the diſcipline of 
manufacture. And it would therefore be prudent, 
when the Parliament is about to eftabliſh a ſyſtem 
for the American trade, to enumerate all thoſe 
American productions, which good policy may 
allow to be imported in future; and which may 
be found in the Inſpector General's books and 
would form no . long catalogue, . That meaſure 
may be regarded as ſalutary, which has a tendency 
to prevent diſputes on the one fide and difficulties 
on the other. 

It may be moreover remarked, as to the pro- 
clamation of the 6th of June, that this nation 
has paid on the various articles enumerated in it, 
when imported from the colonies, upwards of a 
million and a half, fince the bounty was firſt. 
given, during the reign of Anne: On naval ſtores 


from 1706 to 172g — . 430, 178; 

from 1729 to 1774 — 18083, 584 

and on indg sg ⁊ —— 145,022; 
„„ 


It is one of the many W which the wiſdom 
of our councils may derive from the independence 
of the United States, that the bounties, which had 
thus drawn fo vaſt a ſum from the public revenue, 
have now happily ceaſed v. An attention to onr 
. e manufactures 


13 Thoſe Wong 1 on che 24 ch of June 1781, 
But, had the United States continued Britiſh Colonies a de- 
e ee, e - oh 


0 8 71 


* 


ati of cloth has exempted. indeed all 
indigo from the payment of taxes on the importa- 
tion : But, there are various taxes, which may be 
diſtinctly ſeen in the book of rates, collected on 
pitch, tar, and turpentine, maſts, yards, and bow- 
ſprits, when introduced from any European na- 
tion, together with the alien duties, when theſe 
cumbrous commodities are fetched in foreign 
ſhips T. It is apparent then, that all thoſe taxes 
became payable, by operation of law, on the im- 
port of American naval ſtores, from the moment 
wherein the United States were admitted to be in- 
dependent: It is equally plain, that it was the 
proclamations before mentioned, which ſuſpended 

the operation of thoſe laws and the collection of 
thoſe duties. And Great Britain thereby conferred | 
a benefit on the United States, by withholding 
 lomethkng from her revenue, and by riſquing the 
reſentment. of her powerful neighbours. Great- 
Britain at the ſame time conferred another favour 
on the United States of no ſmall importance to 
them. While the bounties were withdrawn, by 
the admiſſion of independence, the proclamation 
exempted American wood from thoſe duties, which 

Fa are 


ſire to gratify them . have continued the bounties; 
as indeed the exemption from duties may be regarded ab a 
bounty of an inferior kind, which operates againſt the im- 
porters of European commodities of the ſame nature. | 

f See the volume compiled by Meſſrs. Sims and Frewin, 


under the directions of the Commiſſioners of the e 
and publiſhed i in * 


„„ 
are payable on the import of wood from the rivers 
of Germany and the ſhores of the Baltic. It was 
probably known, that the importers of European 
lumber, for the uſe of the builder, had underſold 
the American, even when the bounties were paid. 

And it was perhaps deemed prudent to preſerve, 
by exempting the American lumber from duties, 
a ſlight competition in the domeſtic market, be- 
tween Europe and America, in the Tale of their 
wooden products. 5 

But, as indigo has been exempted from taxes, 
by a regard to our dyers, the argument appears 
much ſtronger for freeing from cuſtoms every 
ſpecies of naval ſtores, whether of the product of 
| Furope, or America, from a reſpect, which is 
much more due to our ſhipwrights-and coopers: 
The dyers and workers in wool may augment our 
opulence; but, the carpenters and coopers con- 
tribute to our ſafety. And thus we perceive, that 
the Britiſh Government has looked with no inimical 
eye towards America, fince the peace eſtabliſhed 
Irrevocably the independence of the United States, 
as every wiſe man ought to wiſh. 

If that truth required any confirmation we 
ſhould find proofs enow in the orders of Council, 
whereby the introduction of American tobacco 
Was regulated. By the proclamation of the 6ih of 
June the moſt ancient branch of our colony com- 
merce was re-eſtabliſhed on the ſame ground, 
whereon it had. flouriſhed for ages before the 
revolt: And d by it the importation of tobacco was 

7 allowed, 


* 


allowed, either in Britiſh or American ſhips, on 


paying 5 per cent, of the value, and on piving bond 


for the payment of all other duties at a future day. 
But, the war had produced a variety of new regu- 
lations, with a ſucceſſion of additional taxes. And 
when the approach of peace opened a proſpedt of 
the rene wment of traffick, it ſoon became apparent, 


that to carry on the commerce of tobacco would 


require a greater capital than any traders chooſe to 
daepoſit at the Cuſtom-houſe, in hopes of conſe- 

quential gains. It was owing to theſe reaſons pro- 
bably, that the Privy Council iſſued a ſecond pro- 
clamation on the gth of November laſt; allowing 
American tobacco to be imported into London, 
Briſtol, and Liverpool, into Cowes, Whitehaven, 
and Greenock, on giving bond, as well for the 


Old Subſidy of 5 per cent. before mentioned, as for 
all other duties; and ſecuring the commodity un- 


der the King's locks, till the importer ſhould want 
it for domeſtic conſumption or foreign ſupply. 


| Theſe proclamations ſeem thus to have eſta- | 
Hiſhed the ſame regulation, which the tobacco 


Colonies had ardently prayed for in 1792; and 
which Walpole certainly intended to grant, by his 
famous exciſe ſcheme, till he was ſtunned by cla- 
mour and overpowered by violence. The planters 


had often ſeen and ſometimes felt, that in propor- 


tion as the Britiſh merchants advanced their money 
for taxes, the charges on the merchandize were 


raiſed, till by enhancing the expences, the ultimate 


ſale ol the tobacco did not repay the original 
labour 


[ 38 ] 
labour. And the Aſſemblies ſolicited the Parlia« 
ment for the privilege of placing the commodity 
under the King's locks, on giving bond for the 
payment of the duties at a ſubſequent day: But, 
their ſolicitations were diſappointed by the in- 
tereſted oppoſition of the tobacco factors, more than 
by the unwillingneſs of the Legiſlature“. In this 
manner has there been lately eſtabliſhed a bene. 
ficial regulation of tobacco, which had been denied 
by our factions to coloniſts, yet has been now 
granted by our good ſenſe to foreigners, who had 
| no 
„The Aſſembly of Virginia ſent Sir John Randolph to 
England, in 1732, to ſolicit a ſimilar regulation, which was 
however then exploded as an exciſe, ſince the officer was em- 
powered to inſpect the tobacco in the warehouſe. In the 
ſubſequent year the ſame Aſſembly tranſmitted an Addreſs ta 
the King ; thanking his Majeſty for the countenance he had 
given the Colony on that necafion ;—** And though unfor- 
tunate for them (ſaid they) that their intereſts and the intereſts 
of thoſe, whoſe oppoſition prevailed, were irreconcileable, 
they had abundant reaſon to admire his Majeſty's juſtice and 
conſtancy, when no clamour how univerſal ſoever, could 
change his good purpoſes, or divert his deteſtation of fraud, 
however diſguiſed and ſupported by names and ſounds.”— 
The Miniſters of that day thought it prudent to ſuppreſs the 
latter part of the Addreſs, which reflected on Sir John Bar- 
nard and his coadjutors, who had diſappointed, by their 
Oppoſition, the prayer of the Aſſembly. Yet, the Virginia 
Aſſembly were lately the firſt to declare commercial hoſtility 
againſt Great Britain, on account of the Welt.India regula- 
tions ; thongh the Virginians could not know indeed, in 
December, of the order of the 5th of November preceding, 


which did not arrive in America, till the 6th- of Fobrony 
1784. 


as - 7 4. os Wes EP ” 


TW 1 


no claim on our kindneſs, * While every facility 


was thus given to the importation of American 


tobacco we have ſtrengthened the laws, for pre- 
venting the growth of tobacco in Britain, which it 
had been found ſo difficult to enforce during the 


laſt century ; as our farmers thought it their intereſt 


to rear tobacco at home. And by this means the 
American planters poſſeſs a double monopoly of this 


great article of traffic ; the Britiſh landholder cannot 
raiſe it on Britiſh ground; the Britiſh conſumer | 

cannot import it from Portugal or Spain, Gate the 

duties payable on Spamſh or Portugueze tobacco 


amount nearly to a prohibition. 


In ſuperaddition to all thoſe meaſures, which 
have thus removed every obſtruction from the flow 
ol our American trade, may be mentipned the pro- 
clamation of the 5th of September laſt, which 
az adminiſtered no ſmall facility to practical buſineſs. _ 
This order directed, that all thoſe bonds, which 


our commercial laws had required for the preven- 
tion of fraud, might be cancelled by producing 
certificates of the performance from any Naval 


Officer, or Magiſtrate, of the United States. And 


by thoſe various proclamations has the trade be- 
| tween Great Britain and the United States been 
opened and encouraged on the part of this nation. 
In the wide cire 
is by the taxes and reſtrictions which avarice and 
jealouſy have impoſed, there is not to be found a 
traffick, ſo liberal in its policy and ſo unreſtrained 


in 


— — —— NN 
—— —— — — 22 ů— è— — — —„—-— Go 


8 4 2 ö 
* — 8 9 « . . 
— 8 ac 5 >” 5 ” 
TE I 2 ue | 15 8 
1 r * * po 2 % 
a N n ht 
— n _——— 


of commerce, complicated as it 


i 
in its vent, as the trade, which now runs free and 
full in its courſe between this kingdom and the 
United States. The practical reſult has amply 
jullifed the previous policy, which had for its. 
means, protection and freedom. An unexampled 
export of our manu factures has been made during 
the laſt ſeaſon to the United States; a correſpon- . 
dent conſignment hath followed from them to 
Britain, of almoſt all the ſurplus | preduQts' of the 
Southern States, which had not been ſold by the 
growers: And hence the American factors, who 
had ſettled in Holland and France, during the war, 
have lately been obliged to follow the commerce, 
which had given them employment and wealth, 
Recent experience hath ſhewn them, what they 
might have inferred from their former knowledge, 
that London muſt neceſſarily be the American 
mart. It is an additional proof of the validity of 
the foregoing reaſonings, that none of thoſe, who 
have been ſtudious to detect faults and forward to 
expoſe them, have objected any thing to the be- 
forementioned regulations, except one writer in- 
deed, who inſiſis, That the authors of them have diſ- 
played unuſual timidity and caution. 

But, no one has found Umidiy and caution, which 
the wile will not think very blameable qualities, 
either in the credits lately given to the American 

citizens, or in the regulations F* the commerce 
3 the Britiſh. Weſt. Indies and the United 


States. This i is the meaſure that alone appears to 
have 


— — 


14 
have raiſed any clatriour. | The Weſt-India trade 
was regulated by the Proclamation, dated the 2d 
of July 1783; which is ſaid to be founded on 
groſs. mifinformation;“ which is cenſured by the 
American letter writer, As a: ſyſtem derogatory 
to the honour, degrading. to the ſpirit, and inju- 
rious to the intereſts of a great people,” Facts 
| however , ought. always to be fairly ſlated before 
faults ſhould ever be imputed, Let us in this 
ſpirit, examine the Proclamation, which has thus 
given riſe to controverſy, and which has at once 
incited the complaints of the Weſt- India planter 
and the reſentment of the American citizen. It 
directs, iſlly, That pitch, tar, turpentine, hemp and 
flax, yards, bowſprits, ſtaves, heading, boards, 
timber, ſhingles, and every other ſpecies of timber, 
and allo horſes; neat cattle, ſheep, hogs, poultry; 
and all other kinds: of live ſtock, and live provi- 
ſions, peaſe, beans, potatoes, wheat, flour, bread}; 


biſcuit, rice, oats, barley and all other grain, be! 
ing the produtt of the United States, may be im 


ported into any of the Weſt- India Iflands, by 
Briiſi fubjefls, in Britiſi ſhips: It allows adly, 
That rum, e molaſſes, coffee, cocoa · nuts 
ginger, and pimento, may, in the ſame manner and 
by the ſame perſons, be ſent from the Britiſh Weſt- 
Indies to the United States, upon payment of the | 
ſame duties and liable to the ſame regulations, as if 
the ſame articles were cleared at the Cuſtom· houſe 
tor any Britiſ Colony: Of a ſubject ſo intereſt- 
. berauſe it involves in it diſcuſſion che ſafety 
G of 


1 42 J 
of the empire, let us take two diſtin views: iſtly, 
As the Proclamation affects the American States; 
2dly, As it concerns the Britiſh Weſt-Indies. 
1. The connection between the various Colonies 
of the American Empire of Britain aroſe aſſuredly 3 
from their being territories of the ſame ſtate. The 
moment the Independence of the United States 
was recognized, they became foreign countries 

with regard to the remaining Plantations of Britain: 
And the citizens of the one and the planters of 
the other, who had once been fellow- ſubjects of 
the ſame community, became aliens with reſpect to 
each other. The acts of Parliament, which pro- 
hibited all future commerce between regions that 
had once been bound in the ſame compact, only 
enforced the original ſyſtem, which the law of 
nations had always enjoined ©, . It requires only a 
ſhort recapitulation to trace up the riſe of that 
| ſyſtem to its true ſource. The policy of Spain, 
ſays the great Bacon, was to keep the trade of the 
Indies under ſuch lock and key, as hoth confede- 
rates, yea, and ſuabjects, were excluded of com- 
merce unto thaſe countries; ſuch a vigilant dragon 
is there that keepeth the golden- fleece. Portugal, | 
| i 
The Weſi-India Committe® * buried rather chan 
6 in ſiſted, that by the Freeport Act of the preſent reign the 
* people of Jamaica may import all the merchandizes of the 
United States, which are .foreige Colonies: But, the United 
States have been admitted by the world to be ſovereign and 
= _ conſequently cannot be /ubordinate, which is an eſſential 
i quality of all Colonies. 


TB 1 


wth purſued diſcovery with equal lleps, 3 
the jealous ſpirit of Spain. France and England, | 
who followed both at the diſtance of a century, 
adopted the flattering, becauſe excluſive example of 
both. And thus, i became a fundamental law = 1 

Europe, ſays Monteſquieu, that all traffic with 4 11 
foreign Colony Jhalhe regarded as a mere monopoly : 11 

| Hence, continues that celebrated jurift, i it is like: 

wiſe acknowledged, that a commerce between, the © 1 
Mother Countries does not include a permiſſion to trade 9 9 | 
with their Colonzes. When Great Britain recognized 1 

the ſovereignty of the United States and declared in * 
the face of the world, that we are at peace with 
each other, this declaration gave the United States 

vo right to trade to her Plantations, or even to 

fiſh on her coaſts, _ 
| On the law of nations, thus eſtabliſhed and 
| known, the French ſecurely relied, when they en- 
tered into treaty with the United States, in 
February 1778. But, the Dutch, luſpicious from 
ſenſe of weakneſs, or guided by charadteriſtic cau- 
tion, inſerted an expreſs ſtipulation, i in their Treaty 
of Oftober 1782, That the United States ſhall 
leave the States General the peaceable enjoyment 
of their rights, in the countries, iſlands, and ſeas, 
in the Eaſt and Welt- Indies, without moleſta- 
tion.“ Great Britain preferred the confident po- 
licy of France to the ſcrupulous attention of Hol- 
land; as it did not probably occur to the wiſeſt of 

our ſtateſmen, that when the United States ſhould 119 

be admitted into the community of nations, they 1 5 1 

would, 


—_ 
———ç— 


— —— — — 2 4 


* OOO PR 


f 
1 
— 


a7 


_, would by their conduct, much more than by: their 
words, refuſe obedience to the law of all civilized 


nations. Yet, confidence in one's own title has ſel- 


dom been conſtrued i into an admiſſion of its invali- 
dity. And we may therefore conclude, that Great Bri- 


tain enjoyed from the date.of the peace asmuch right 


as Denmark or France, Portugal or Spain, to re- 


gulate her own Plantatians ; ſince there is no po- 


ſiti ve proviſion in the treaty to repel the general 
inferences of Jaw. 


| Nevertheleſs. the proclamation of the. 22 * 


July 1783; which permitted Britiſh ſubjects to 


tranſport i in Britiſh ſhips the Weſt- India Commo- 
dities to che United States ang to carry their moſt 


uſeful products in return; which thus conferred 


many benefits on the United States, though not 


every benefit; has been declared by ſome of thoſe 


States to be inconſiſtent with the rights of free 


trade.“ The American governments then, not the 
American mobs, claim the right of free trade with 


the tranſatlantic ſettlements of Spain, Portugal and 
France, as much as with the plantations of Britain, 
But, let us inquire, whence do they derive this new 
pretenſion? From the law of Nature? No, 
Every independent Community bas a right indeed, 


in virtue of it's natural liberty, to trade with thoſe 
who Mall be willing to correſpond with fuch inlenlions; 


and to moleſt it in the the exerciſe of this right 
is an injury. Put, though every one has a right to 
traffick with thoſe who are willing ; yet, ſays Vattel, 
every Sovereign State may decline a commerce 

which 


1 45 1 


which 1s Sabre or even diſadvantageous ; : and 
pas conſequently full power to determine for itſelf 
what is uſeful, or unſalutary: It may receive there- 
fore, or refuſe, any commercial ove*tures from fo- 
reigners, without giving them a pretence to accuſe 
it of injuſtice, or to demand a reaſon for ſuch re- 
ſuſal, much leſs to make uſe of compulſion or 
threats. Do the American governments claim the 
right of free trade from the law of nations? They 
can not. + Colonies are the offspring of Society, 
during that period of refinement, which the pre- 
valence of the commercial ſpirit ſuppoſes, And 
by the conſent of the civilized communities of the 
European world, it was early eſtabliſhed, (as we 
have already ſeen) that the ſovereignty as well as 
the traffick of every plantation ſhould excluſively 
belong to the State which had formed it. The law 
of nations therefore, which is only the original con- 
{ent and continual practice of nations, has pro- 
bibited the intercourſe of one foreign country with 
the colonies of all other foreign countries. And a 
free trade with an American Colony of conſequence 
never exiſted, Thus, while the American govern- 
ments claim the rights of a free trade with the Bri- 
tiſh plantations they virtually avow their purpoſe 
to difregard the law of Nature as well as of nations, 
which by treaty, or by implication, has e eted 5 
univerſal trade and with it the” conventions of all 
public bodies. 9151 7 
Whatever extravagance the American tics 
may commit, contrary to their genuine intereſts, 
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the American politicians would do well to inquire, 


before they violate public decorum, how they have 
been wronged, by the commercial policy, which 


. Britain has continued rather than adopted, in 


reſpect to her own plantations. The moſt ignorant 


of the American Lawyers will inſtruct their coun- 


trymen, that they may feel an inconvenience without 
ſuffering an injury; while the world ſhall conſider 
every wrong as an unjuſt deprivation of ſome pre. 
vious right. But, what American right was in- 


fringed when Great Britain denied to the Ame. 


rican citizens a direct trade, in their own ſhips, to 
the Britiſh colonies? While Great Britain al. 
lowed her laws to operate on the American States, 


as foreign countries, ſhe only did that which other 


European powers continued to do. Portugal and 

Spain have excluded from their colonies the Ame. 
rican traders with a jealouſy peculiar to both. 
France indeed has granted to her American allies 
a petty participation in her Weſt India commerce, 


which, as far as ſuited her convenience, they always 


enjoyed. From Britain the United States were cer- 
tainly entitled to juſtice, but not ſurely to favour : 


Yet, it was no inconſiderable benefit, which Bri- 
tain conferred on them, and which no European 
nation enjoys, when ſhe ſuſpended the rigorous 


operation of thoſe laws, that prevented even Bri- 


tiſh merchants from ſending the products of the 
| United States directly to the Britiſh Weſt Indies, 
or the produce of the Weſt Indies immediately to 
the United Nate. When the Spaniards lately im- 


priſoned 


* 


1 
priſoned the American traders at the Havannah, 
becauſe they dreaded their intrigues; when the 
French, in order to effectuate their policy, at 

the ſame tiine confined the American navigators, hy 
failing around Hiſpaniola in queſt of markets, to 
Cape Francois ; the American citizens probably 
ſighed in ſecret, but they did not avow reſentment, 
or threaten retaliation. Thus, an inconvenience 
may be felt, though no wrong may be done. When 
good ſenſe ſhall have triumphed over vulgar pre- 
judice we may reaſonably hope, the American 
Philoſophers will teach their followers, that having 
manfully gained the bleflings of a free and equal 
ſtation, among the powers of the earth, they 
ought to ſuffer patiently the embarraſſments, which 
every where reſult from greatneſs. A little oppo- 
| fition, far leſs adverſity, will inſtru@ the American 
governments, that they ought to pay ſome deference 
to the municipal rules of other Sovereign Powers; 
becauſe they flatter their own -vanity of indepen- 
| dence, when they conform to the regulations, 
which other ag States may think a to 
eſtabliſh. 
But, whatever 1 the e Gee 
and Aſſemblies may chooſe to adopt, the intereſt 
of the American planters will furniſh Great Britain 


— 


with the beſt ſeeurity for their good behaviour. | 
To ſend traders to purchaſe the lumber, that thy ||| 
clear from their lands, and to carry away the 5 1 
corn and cattle, which they raiſe on their fields, 3 1 


can eel be thought no 0 gre injury, far leſs in- 1 
* 


{ 8] 
ſult, to any community: Nor, can it be deemel 
any great diſadvantage to the Ameritan planters to 


ſend them abundant ſupplies of rum, ſugar, mo- 
laſſes, and other neeeſſary products of the Welt. 
India iſlands. The American people, who 40% 
| ſeldom, wandered. widely from their ititereſt,” 
fully aware, that it is demand and ſupply, err 


regulate the prices in every market They already 
perceiye, that their chief advantage conſiſts, in 


having in their poris many ſellers of the goods 


which. they may want to buy, and many buyers of 
what they, may wiſh to ſell; that to exclude the 


_ traders of any one country, or deſcription, would 
amount to a permiſſion to the favoured traders to 
raiſe their prices againſt every buyer and to ſink 


them againſt every ſeller: And the plauters have 


not to learn, that favourites ſeldom confer favours, 


ſince they have generally few. friends. The plan - 


ters cantherefote deri ve no benefit from the excluſion 


of any one claſs;of traders,. were the propoſal even 


to come from the merchants of Boſton, New-Y ork, 


or Philadelphia, of- Baltimore, or Charles-Town, 


which would form a a monopoly in favour of the 


a 


few againſt the mary, by ſacrificing-the agricultural 


inereſt ta, the mercantile Though the American 
merchants might. gain, . by. excluſive. projects, the 


American: planters; are only intereſted, in baving'a 
a competition, in their markets; between buyers 
and fellers. of various. countries ani] therefore of 


THR: vie Wh. 


4 
1 ro ts at $41 From 
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[49-1 


From the foregoing reaſonings we may "TY 
aafer; that the Aſſemblies of Virginia and Mary» 
land ated contrary to the genuine intereſts of their 
| cooſtituents, when the one reſolved, That no 
Britiſh ſnhip ſhould import the produce of the 
Weſt-Indies, and the other impoſed a tax of three 


ſhillings ſterling the ton of every Britiſi veſſel: 


When the other Aſſemblies concurred generally: with 


both, in the reſolution. of arming the Congreſs with 


power over commerce, for the purpoſe of retaliationg 


or redreſs, they equally ſacrificed the real advantage 


of their country to their own reſentments. But, 


revenge is merely a momentary paſſion, while ava- 


rice is the moſt obſſinate affection of the mind. 

Cool calculation will ere long diſcover, that were 
the Welt India traffic wholly cut off, the planters - 
would certainly loſe a market for their provihons 
and lumber of the annual value of half a million; 


the commonweallh would moreover be deprived 
of a yearly balance of C. 350, ; which is pay- 
able in. bullion on that branch of buſineſs, while 


ſpecie does not abound, among them. By that 


determination the Aſſemblies would at once raiſe 


Canada and Nova - Scotia from the ground and 


exceute that meaſure, which wiſe men wiſh for, 


as the ſyltem that great Britais cages — * 


to adopt. 0 


b 4 9 4 


2. From e with eee the thinner 


wherein the American citizens are intereſted, either 


individually, or collectively, by the late regulations 
of the American trade, we are led ſecondly to diſeuſs 


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the various ways, in which the Weſt-Indies may be 


affected by the proclamation of - the 2d of July 


1783. Let us firſt ſtate the fact and then draw 


the inferences. Like the American Citizens the 


Weſt India planters complain, with equal pro- 


priety, not ſo much, that the proclamation did not 


give them many advantages, as that it did not give 
them every advantage. The laws forbade them to 
carry on any commerce with the United States; 


yet, the Weſt- Indians clamour, becauſe they en 


only allowed to traffick in Britiſh ſhips: They are 
permitted to ſend their rum, ſugar, molaſſes, and 


other products to the American markets and to 


bring the moſt material of the American produce 
in return; yet, are they diſſatisfied, becauſe they 


are not moreover allowed to employ Americas | 
ſhips ; without conſidering how much the per- 
miſſion would enervate the nautical ſtrength of 8 


Britain, whereon they rely for defence. It is not 
uncommon to ſee men carried away by their pre- 


ſent paſſion to their ultimate ruin. When the 


Weſt-Indians behe ld with too favourable eyes the 
revolt of the Coloniſts, they might have foreſeen, 
that forcible oppoſition would probably end in ab- 
ſolute independence. When the Weſt. Indians, by 
their clamours confirmed!: therpurpole of the re- 


volted colonies, little did they perceive, that ſucceſs 
would convert fellow ſubjetts into enemies, dur- 


2ing war, and irito-aliens;; in peace. 


Vet, the Committee of Weſt- India Planters and. 


merchants ; now repreſent : ** That the AE” 
l y 2 of 


of American ſhips, as heretofore, freely to bring 
the produce of the American States to the Sugar 


Illands and to take back the produce of our iſlands 


in return is 


paſſed away ſince their predeceſſors caſt the Con- 


tinental Coloni ſts the gauntlet of defiance, When 
the Weſt.- India planters applied to Parliament, in 
1731, for protection againſt the ſmugglers of the 
Northern colonies they as conſidently ſtated “, 
* That there are perſons ſtill living, who very 


well remember, ſince there were very great quan- 
tities of proviſions and other requiſites for planting 


ent from Old England to our ſugar colonies, be- 
cauſe at that time our continent colonies were not 
fully able to ſupply them.” Nevertheleſs are we now 


told by the ſame authority, that the plantations of 


the South and North were ſettled with deſign to ſatis/y 


each others wants. Thus, we behold the Weſt- 


Indians of 1731 ſtand oppoſed to the Welt-Indians 


of 1983, with the contradiftorineſs of men, who 
lacrifice oftener at the ſhrine of ines * in the 
temple of conſiſtency... 


From hiſtory we may; hay "IU hat Ola 


England hath ſucceffively furniſhed all her tranſat- 
lantic ſettlements with every neceſſary for planting. 


When the Parliament prohibited t, in een the 


He 1 I. 


e 


- Anderſ, Chron. Com. 2 v. p. 176. 
+ By 15 Cha, II. chap. 7. 


vioufly ential. With deference, to 
ſuch reſpectable 3 it may yet be aſſerted, 
that the Weſt- India planters and merchants did 
nat always argue thus. Many years bave not 


— — — — . — — 
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(36 


dire importation into the Britiſh colonies of 
foreign commodities, being the growth of Europe, 
the law expreſsly provided, that horſes and vifluat 
of the product of Scotland and Ireland might be 


/ a | 
tranſported thence to the plantations. The term 
vflual carries with it ſo large a meaning in our 


language, as well as in our laws, that it includes 
all ſtores for the ſupport of life.” And from 
that early epoch of our colonization horſes and 


victual have been conllantly ſent from Ire- 


land and Scotland to the Britiſh Weſt. Indies.— 
From a querulous pamphlet, which, when pub- 


liſhed, in 1689, was entitled The- Groans of the 
Plantations, we may learn not only the cauſe * of 
their groans, but alſo the courſe of their ſupplies, 


at the zra of the Revolution. We have our horſes 


from England, ſaid the Weſt- Indians; the bread we 


eat is of Engliſh flour ; we take great quantities of 


Engliſh beer and of Engliſh cheeſe and butter : 


we fit by the light of Engliſh candles: Moreover, 


we take thouſands of barrels of Iriſh beef.” More 


moderate in their deſires, becauſe they were leſs 


opulent than the Weſt- Indians of 1784, the Weſt- 


Indians of 1689 „were well contented to be con- 


fined to England only, for thoſe * that Eng- 


land doth eee, | | 
; | SN 


They had then two cauſes of complaint; n the late tax 
vpon ſugar, which was the firſt, and the acts of navigation, 


which confined their exports to England : And the Welt- 


Indians have proſpered and groaned ever ſince. 


ww ho. 


„„ 

The Continental Coloniſts ſoon ſupplied themn- 
ſelves and gradually circumvented the Engliſh mer- 
chants, in the Weſt-India markets. Sir Joſiah 
Child ſaw the rivalry begin, during the reign of 
Charles II. and warned the nation of the conſe- 
quences. Dr. D'Avenant beheld its progreſs, 
amid the wars of William III. and vainly urged 
| the interpoſition of the Legiſlature. While the 
Britiſh landholders were at a vaſt expence defend- 8 
ing the colonies, during every conteſt ſince the Re- 
volution, the colonial landholders entered into a 
too ſucceſsful competition withtheir . protectors, in 
every port, during peace; nay, even ſupplied with 
provifions the enemies of both, in war. The 
coloniſts were regarded as fellow. ſubjects, who 
merited not only defence, but indulgence. The 

landholders of Britain allowed a double monopoly 
againſt themſelves: They permitted the Weſt- 
Indians to furniſh them with all things from 
the continental colonies; they indulged the Weſt. 
Indians with the ſole ſupply of the Briaſh mar- 
kets, for rum, ſugar, and their other products. But, 

though our kindneſs, rather than our intereſts, 
allowed to the continental coloniſts a coinpetition 
in every market, our policy ought not to permir 
aliens to act as rivals in the commerce of the Britiſh 
Weſt- Indies, which the Britiſh nation is ſtill hound 
to defend. The French do not act in this manner: 
And yet, the Weſt-India regulations 'of France 
are by all the worid commended, — © 


” THT VE © 


- - C 
1 W 
. Kt 
4 


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* 2 — — — — 8 — EP 


1 

We ſhall nevertheleſs be pertinaeiouſty told: 
© That the admiſſion of American ſhips into the 
Well-Indis ports is obviouſly effential : That Greats 
itain muſt at laſt ſubmit.” Theſe are at leaſt 
confident words. The term obvioufly f poſes; 


that the general aſſertion admits of no controverſy; 


And the word ef/enizal ſignifies that the nature of 


the grievance allows no alleviation. . The con- 


tinental coloniſts, when on the eve of a revolt, in 
the ſame manner thought, that their traffic was 


obviouſly eſſential to the Weſt-Indians; and there- 


fore prohibited all commerce between them. Vet, 


eight years experience hath evinced, contrary to 


malignant ſpeculation, that it is poſſible for the 


Weſt-Indies to exiſt and to proſper, were the 
United States doomed to perpetual ſterility. It 
is the mercantile ſpirit which brings the buyers and 
ſellers of diſtant countries together. Merchants 


are ſufficiently ſtudious to diſcover the demauds of 
every market ; that they may profit, by ſupplying 


them. The traders of Great-Britain and Ireland 


ſeized the opportunity, which the factious folly of 


the Americans had furniſhed, to revive and ex- 
tend the buſineſs, that had enriched their fathers, 
during happier times. Even during a conſuming 
war, when valt fleets and armies were fed beyond 
the ocean, Great-Britain and Ireland ſufficiently 
ſupplied all thoſe neceſſaries, which the Well- 


Indians did not readily find in their own economy. | 


Their ſuperabundance even furniſhed the army 
that General Grant conducted to their aid with 
| _ ſeveral 


—— — 


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With the laſt-mentioned products of our . 
we lind little from the revolted Colonies to con- 
traſt, becauſe in theſe they had little competition. 
From thoſe entries, with all their defects, it is ſuf- 


ficiently clear, that Great Britain had regained the 
ſupply of thoſe articles, add that, as to thoſe neceſ - 
{aries the Weſt India demand was amply anſwered. 
The planters derived ground proviſions from that 


beſt of all reſources, their own diligence and atten- 


tion. And their meaſure of all things was probably 
filled up from the prizes, which hoſtility conducted 


to their ports. But it was from the embarraſſments, 


which their affected friends intended to throw in 


their way, that the Weſt Indians learned a leſſon 


of the greateſt importance for every people to 


ow, that no community ought to depend on its 

neighbours, for what the neceſſities of life require. | 
The country, which is phyſically dependent on 
another, muſt ſoon become nee dependent 
on it. 


the Weſt India ports were eſſential to the furniſh- 
ing of the unhappy Negroes wich food, benevo- 


lence would drop a tear over the wants of human 


nature, and juſtice would grant what policy might 


wilh to deny. The queſtion however does not 


turn on the pivot of ſupplying the Weſt India 
Lords with their uſual luxuries, or the Weſt In- 
dia aves with their accuſtomed needs. The pro- 
clamation has provided, that both ſhall be ſup- 
plied in the moſt reaſonable manner, having at ouce 

"i | an 


If indeed the 1 of 8 veſſels * 


* 


1 


an attention to private convenience and to public 
fafety : But, the Welt Indians contend, that they 
ought to be accommodated, in the moſt profitable 
manner, having a regard to their own intereſt 
lone. And we have een, that three abundant 
markets, namely, Great-Britain, and Ireland, in 
Europe, and Newfoundland, Canada, and Nova 
Scotia, in America, had been already opened, 
hen the protlamation added the United States ay 
a fourth. True indeed, neither the proclamation 
nor the law commanded traders 10 ſupply the IU 
India wants. It was thought ſufficient, that the 
laws and the proclamation removed every hin- 
dtance, All ſyſtems preſame, that it is the bu- 
| fineſs of merchants to diſcover the neceſſities of 
mankind and to ranſack the earth for the means of 
gratification. The traders have aQually found 
means, Gince the peace, as they had already done, 
during the war, to accommodate the Weſt Indies 
| abundantly. Almoſt every letter by every packet 
communicates the welcome news of plentiful mar- 
kets. And it is a deciſive confirmation of the truth 
of private intelligence and of public report, that thoſe 
who have clamoured the moſt have brought no in- 
controvertible evidence of an exiſting neceſſi ty. 
Thus, the meaſure of admitting the American veſſels 
into the Weſt-India ports reſults at laſt into a mere 
point of politics, or conſideration of mercantile profit, 
The pretenſion of the Welt Indians, which can 
_ conſequently be no mote conſidered as a claim of 
| neceſſity, « or of juſtice, has been run out by the in. 
genuit) 


1 59 1 


genuity of men into various modifications of de- 
mand and ſupply. It has been ſuggeſted by 
ſome, that were the United States to prohibit all 
traffick with the Britiſh Weſt Indies, the beſt mar- 
| ket for the products of both would be in future 
cut off. By others it has been confidently ſaid, 
that were that event to take place, the Cantinental 
Colonies, which ſill belong to Britain, would ſoon 
be able to ſupply the void. And a third claſs of 
men, with a bolder ſpirit inſi ſt, that the only in- 
gquiry ſhould be, whether the Britiſh Weſt- Indies 
can find ſuitable markets on the face of the earth, 
without regarding the United States, or even gar 
remaining plantations, any more than if they did 
not exiſt, In order to diſcover all the diſtin& ſhades 
of truth, which may be contained in each of thole 
propoſitions, i it is intended to conſider che difficult 
ſubject, under three diſtinct heads, in their order: 
1ſly, Whence can the Britiſh Weſt Indies be ſup- 
plied with provifions and other neceſſaries, if the 
United States ſhould deny thei aid; 2dly, Whence 
can the Weſt Indies be furniſhed with lumber, or 
timber, wrought and unwrought, for the various 
uſes of the cooper and builder; and 3dly, Whence 
will the Weſt Indians find conſumption for their 
rum and other luxurious productions, if the United 
. ſhould reject them. 
An inquiry into the flate of bete in 
; ther! Briviſh Weſt India Iſlands may be regarded as 
rather curious than uſeful, when the amount of 
their conſqwption can be nearly aſcertained by 
4 5 fads, 


coy A r * 
* 
* - 


9 tl SEPT ⁰ ˙ . 0" 6 TR 


greater ſupplies of falted beef and pork than they 


l & ] 


facts. The Board of Trade reported to the Houſe | 


of Lords, in 1734, that the number of white men 
was then 36,201. If we ſuppoſe that they have 
doubled in half a century, by whatever means, the 
preſent white inhabitants may be calculated at about 
72, 00 ſouls. Mr. Glover, who very ably pled 
the cauſe of the Weſt Indians before the Houſe of 
Commons, i in 1775, roundly ſtated the number of 
N egroes at rather more than 400,000. If we admit 
the foregoing conjeftures to be nearly the truth, 
it cannot be ſurely inferred, that ſeventy-two 
thouſand maſters, with four hundred thouſand 
flaves, form a community of ſufficient bulk, to 
whoſe gratifications the intereſt and even indepen- 


dence of the nation ought to be ſacrificed. They 
exiſt in a ſtate'of ſociety extremely analogous to 


the ſituation of Europe, during feudal times: 


And like the Barons and their vaſſals, during the 
infancy of agriculture, the Weſt Indians conſume 


great quantities of ſalted proviſions. From the 
Tevolted Colonies they received of = 48 


Beer and Pons. 


In 1771— 13, 511 barrels. 
72——12,575 
73k, 890 


— — — 


An annual de mand of 14;992 barrels was Joubt- 
leſs a conſiderable quantity: Vet, from Ireland 


alone the Weſt- Indies may be furniſhed with 


Can 


i 


[ 61 ] | 


can ever conſume ; as we wy learn from the fol- 
lowing ſtatement 9: 


* The public are indebted for mapy of the Cuſtom. W 
counts, which will frequently occur in the followin g ſheets, and 
which are intereſting, becauſe they are accurate, to Mr. Irving; 
a gentleman, who poſſeſſes more commercial detail than 
Doctor D'Avenant, with as much * for the regulation | 
of Cuſtom-houſe practice. 


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E 09. 1 
Thus, by contraſting the whole quantities of 
thoſe different kinds of ſalted proviſions, which 
were exported from Ireland and the United States, : 
about the ſame time, we ſee ſuch a ſuperiority in 
the firſt market over the ſecond, as to leave the 
merchant little room for choice. The Iriſh ſup- 
ply is valtly greater ; the prices are nearly equal ; 
yet it mult be obſerved, that the Iriſh barfel is 
ſomewhat ſmaller, while the quality is infinitely - 
preferable. Conſidering how much our Weſt-- 
| India veſſels have hitherto wanted freights, and how 
commodious the ports of Ireland are to the ſhip- 
ping from the Weſtern coaſt of Britain, the ſalted 
proviſions of Ireland may be thence tranſported 
cheaper to the Weſt Indies, than from the nearer 
ſhores of the United States. And the Iriſh beef 
and pork and butter were always preferred in the 
Weſt India markets, and even in the ' markets of 
the revolted Colonies. Britain too, we have ſeen, can 
furniſh no inconſiderable quantity of all thoſe ar. 
ticles. - To preſerve the ſupplying of ſalted provi- | 
fions to Britain and Ireland, by excluding the come 
petition of the United States was the ruling princi- 
ple of the late regulations. And thus from the inde- 
pendence of the revolted Colonies have we gained 
ell the benefits of the ſupply and the till more im- 
portant advantage of the freights, 

The wiſdom of that regulation, and the advan- 
tages which Britain will gain from that ſignal event, 
will appear in a ſtill clearer light, if we take a 
comprehenſive view of our fiſheries ; which, as the 
CE belt 


64 J 
beſt nurſery of our Ronny, are ſo er of out 


Care. 


The following detail is a ſketch of the Newfound- 
| land fiſhery, during the year 1 77 1 11 
Britiſh fiſhing veſſels (of which 244 


on the Great Bank fiſhing) | 269 ſhips 
Britiſh trading veſſels ee 120 
American ditt 125 


: —— 


Ton 61 4ſhips 


— 


Tonnage of Britiſh © and erg ou 
_ fiſhing veſſels — 232.049 tons 
Ditto of the American a. — 7; $475 


'-# 


Total 41,424 tons 


\ 


Number of men in the Britiſh Fiſh 


| ing veſſels _ — 4477 
| Ditto in the Britiſh trading veſſels 1,118 


Ditto in the American trading veſſels 865 
Fiſhermen, Shoremen, and paſſen- La 


ll gers from Britain and Ireland $5,529 
l | Inhabitants who remained, during 

| the winter _ — 68,913 
| Men employed in this fiſhery 18,902 


The 


1 65 1 
The number of boats, employed 2 

by fiſhing ſhips — 856 
Yearly from Britain and 1 reland, | 
and having no ſhare in veſſels 


ſiſhing on the Great Back — 5 59 
The number of boats employed by 5 


inhabitants — — "tl =Y 3 
Number of boats 5,408 
The ack of fiſh made in fihing 
| ſhips CO HE A; 1 {es . 236,000 
Ditto in bye boats — 147.999 Te 
Ditto by inhabitants — 261,240 


Total e taken 645,322 


The quintals of fiſh carried to bb. 
reign market — 380,04 

The tons of oil exported — 2,846 
The tierces of ſalmon exported 1,248 


The Newfoundland fiſhery has at all times re- 
ceived, becauſe it always merited, much of the na- 
tional care. But, in extending encouragement to 
that moſt uſe ful claſs of fubjeQs, the preference ought 
ſurely to be given to thoſe of the fiſhing and trad- 


ing veſſels ; to the bye-boat-keepers; to the fiſhers, 


who go yearly from Britain and Ireland, in oppo- 
ſition to thoſe who reſide and carry on a ſedentary 


fiſhing : For, if the uſe of a nurſery is to ſupply 


the public with ſailors, when the dangers of war 
require their aid, it is in vain to breed ſeamen, 
. whoſe 


— RE I ES Wm — „ 9 


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whoſe fervices cannot eaſily be commanded when 
they are wanted te moſt. Uſeful regulations ought 
to be preferred to pecuniary bounties. And no 
encouragement can preſerve the fiſhery if a ſpeedy 
fale is not found for the fiſh, when it is cured, 
- From the Independence of the United States we 
have regained a conſiderable market, which the 
wiſdom of our Councils may eaſily * and 
preſerve, for our own fiſhers alone. | 
I heſe intereſting truths, at leaſt to a nation of 
iflanders, will ſtill 3 * from the 8 
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68 J 


But this ſtatement vill not be admitted to be a 
genuine account of the relative importance of the 
| Britiſh and American fiſhery, by thoſe who know, 
that the New Englanders purchaſed much of their 
| fiſh at Newfoundland, which they afterwa rds ex 
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M3 

Thus, we ſee, that the revolted Colonies had 
engroſſed almoſt the whole of the Weſt-India 
markets. And thus we perceive from what. ſource 
the Britiſh Weſt-Indies may be moſt amply ſup- 
8 plied with fiſh, when we confider, . .that their whole 

conſumption amounted only, to about 161,00 
quintals of dried and 16, 178 barrels of pickled 
fiſh, if we may Judge from an average of three 
years importation, ending with 17735 and when 
ve reflett too; that the general price at N ewfound- 
land was ſeven ſhillings the quintal, while it was 
uſually nine at Boſton. 6.0.6 
Tbat we enjoyed a conſiderable fiſhery not « 

at Newfoundland, but alſo on the American coaſts, 
| before New England was planted, is a melancholy 
truth, which we know from the debates in Parlia- 
ment, during the year 162 r, if Sir Jofiah Child 
had not recorded the fact, during the + reign of 
Charles II. and lamented the impolicy of permit. 


„ American charters, which were 


granted by C barles 1. are all remarkable for a cau- 
tious clauſe, reſerving to the reſidents of England 
and Ireland the right of fiſhing in the bays and 
harbours of the Colonies and drying the fiſh on 
their lands. The ardent people, who formed che 
ſettlement of New England were foon driven by 
their neceſlities to begin the labours of the fiſher. 
The hardy inhabitants of the Weſtern Coaſis of 
England, who uſed annually to reſort to the Ame- 
rꝛican ſhores, found too powerful competitors in the 
, who had * from Dorſet, Devon, 


© and 


one's 


L 71 1 
bd * Weltern parts of England ; whoſe ſu- 
pefior advantages in their new ſituation, converted 


ere long an annual fiſhery from England into a ſta- 
tionary Otte, at the diſtance of three thouſand 


miles. With a ſimilar ſpirit the New Englanders 


engaged in the fiſheries of Newfoundland, though 
not with the ſame excluſive ſucceſs. And in pro- 


portion as that enterpriſing people became com- 


petitors with the fiſhers of Britain, during her 


civil and foreign wars, their rivalry narrowed the 

nurſery, which had been deſtined to furniſh the 
Britiſh navy with a hardy race. For, the American 
ſeamen, like the Britiſh, could not be preſſed into 

the public ſervice, ſince they were exempted, not ſo 
much by act of Parliament *, Tus by the you of the 
_— 

' Owing to thoſe FEES ends Newfoundland 
had long ceaſed to have much direft trade with the 
"Britiſh Weft Indies. If we may determine from 
an average of the years 1771-23 there were di- 
realy ſent to that market ofthe Fiſh of Newfound- 
land no more than 3922 quintals, 769 hogſheads, 
and 67 barrels.” The New Englanders almoſt en- 
tifely ſupplied the fiſheries of Newfoundland with 
molaſſes, ſugars, and other products of the Weſt 
Indies, with immenſe quantities of rum, from their 
own diſtilleries. In return they carried off the 

produits of the fiſhery, into their own ports, a con- 
| Giderable quantity of that inferior and frugal qua- 


lity, which was ſuitable to the illands for whoſe 


77 W 
1 Ann. ch. 37. cer. 9. 


1 
— — 
. <> D 
— E 1 PD ot 
- —. —— £ 


_ = — 
2 7 * 


. or ep er — ł1 ̃ͤ —ñ—vv— 
* — 


ricans, with other greater benefits: And during 
the war a direct traffic, between Newfoundland and 
the Britiſh Weſt Indies, was opened, which proved 
equally advantageous to both. A market was even 
found for the refuſe fiſh in the free ports of the fo. 


1 7 


ä conſumption the ſmall and broken my weredulted, 
| Of this gainful buſineſs the revolt deprived the Ame- 


reign iſlands. And thus, what the Americans loſt, 


in purſuit of their objeR, Britiſh ſubjects have 


gained and may keep, unleſs we reject the favours, 


which fortune has thrown i in our way. 


Scotland is ſaid to have enjoyed a FRO FREY 


| fiſhery 1 in ancient times, It did not however deſcend 
to the epoch of the union; which was dreaded and 


oppoſed by the Dutch“; becauſe their commercial 


jealouſy ſuſpected, that the wealth of England 


would be employed, in urging the Scotch to reſume 


Ry and regain the fiſheries, which their misfortunes, 
or evil habits had loſt. What the. Dutch thus 


foreſaw_ and feared actually happened in time. 
The Parliament wiſely gave a bounty, in 1730, of 
thirty ſhillings a ton, on ſuch buſſes as ſhould, be 

employed in the white herring fiſhery, under ſpe - 
cific qualifications, Before the year 1768, the Par- 


liamentary bounty had created 263 buſſes, carrying 
12.856 tons, which were navigated by 2, 898 men, 
vrho caught 28, 162 barrels of herrings T. It was 
Pr are from a filberys. thus created by a wiſe 


meaſure, 


IM A we know from 2 wHeniorial of Doftor D/Avenant to 


Lord Godolphin, in the Paper- office. 
+ A detail from the Cuſtom-houſe. 


1 73 h 9 
weaſure, which ought alone to evince to the U Und 7 { ö 
1 


States what the wealth of Britain can do, when em- 
ployed on her own improvement, that nag 
_ exported to the WAR Indies of Hz xzings ; 


In 97 ix ö Bartels 
in 29M 5 1 2466 3 


Th 


belides tuſk, ling * i maid Goals 

tities. The amount had perhaps been greater had 
the competition of the revolted Colonies been 
| lefs. When that competition was removed, by the 
war, England alone ſent ſupplies of pickled fiſh ts 
te Britiſh Weſt Indies nearly equal to the con- 

| ſumption; as we have already evinced. The Bri- 
tiſh fiſh fetch a higher price than the American, be- 
cauſe they are of higher reliſh and more capable of 
_ preſervation. The extenſion. of circumjacent fiſh- 
eriesand the improvement of internal waſtes are 
the only y objekts, which greatly : merit the bounties 
of the Britiſh nation ; owing to the nature of its 
defence and frequency of attack. But, the beſt 
bounty, becauſe the cheapeſt : and moſt ſucceſsful, 


is the opening and extending of markets, where- 4 
in there ſhall be no competitors. Whether the _ 
| Britiſh fiſheries, European and American, can ſup» * = 
ply the Britiſh Weſt- Indies with 161,000 quintals i 
of dried and 16,200 barrels of pickled fiſh ; whe · (. 
ther that cargo ought to be ſupplied by Britiſh . it 
Wubjeft, PR of American citizens are queſ- I 
PR L tions, 2 1k 
nnn 


. ͤ˙Ä—˙˙ . ˙¹w- AdL ] mm ̃ Q . ̃7²̃˙Üę. . — COIN 
— EE Ace tr . — 


U „ : 


tions, which he would be __ who thould fi down 
to anſwer, 
lt will be foand . much more dicke | 
to procure for the Weſt Indies an adequate ſup- 
_ ply of live proviſions and live ſtock, which the 
: | | proclamation properly allowed to be ſent them 
from the United States, if the American govern- 
ments ſhould, in their anger, prohibit the ex- 
port in Britiſi ſhips. The neceſſary cargo is not a 
ſmall one; as we 7e learn cal the" ee 


detail: * 07 
| Bite Son 36.073 2126 
rene from the now United States whe Brick 
en an ove Bl 
Horſes, Cattle, Sheep and Sato 
i e ee «+ Hogs, No. dozen. 
, In 1771, — 2170 — 1148 — 4812 — 1007, 
0. It” =" 2200" IG" a" a — 939 
1 e —＋απ. — 336 259 


| — — 
Yet, the 3 of 83 End are not beyond I the 


pollibility of accommodation from the Britiſh do- 
minions. Horſes, we know, have been ſent to the 
Weſt Indies from Britain and I reland, during every 
age, in proportion probably, as. they were not ex- 
cluded by the competition of the revolted Colonies. 
Since the epoch of Independence low priced horſes 
have been actually er ported from Scotland. In 
the two and twenty years, endi ith 1771, 
there were exported from een, coun- 
try, no fewer than 29,131 horles wh There ſeems 
warn no reaſon to doubt, but the | bogs of Ireland, 


the 


Ses the * W 173. 


[1 


the mountains of Scolland. and the heaths of Corn- 
wall, will produce garrons enow to anſwer the 
full demand of four and twenty hundred, without 
proſtituting the hunters of Yorkſhire to the drud- 
gery of the mill. From the peace of 1763 Canada 
ſupplied the Southern ſettlements with many ſer- 
viceable horſes, by the route of Lake Champlain, 
_ which were ſometimes exported to the Weſt In- 
dies; but Canada ſent none by the River St. 
Laurence: The channel of the Champlain being 
vor obſtrukted the ſurplus number will aſſuredly 
form a part of the mixed cargoes, which will now 
be ſent directly to the Britiſh Weſt Indies, in pro | 
ſecution of a more vigorous commerce. The 
foreſts of Nova Scotia have hitherto bred few 5 
horſes. When the energy of the new ſettlers: ſhall 
have banked out the tide, we may reaſonably. ex- 
_ pe, that their meadows will raiſe horſes ſufficient 
to ſupply even the wants of neighbeurs, from their 
Eaſtern harbours, which, ſtretching ' far into the 
ocean, court the traffick of every country; + | | 
The fields, which, from their hetbage, produce 
| horſes, will equally! rear cattle of every other kind. 
Canada and Nova Scotia have not yet. ſupplied the 
Weſt Indies with any number of oxen... Com- 
merce, like every thing elle, muſt have ifs beginning | 
and its end. Virginia and New England were ori- 
 ginally ſtocked with the ox and the ſheep from Eng- 
land. Boch however gained from her in leſs than 
T _ years the 6 oc of the Welt ladies which 


3 


8 * * pa bored 


E 


joyed previous to the late civil war. Canada and 


Nova Scotia have yet to learn how to form that 


miſcellaneous cargo, conſiſting of proviſions, alive. 


and ſalted, of lumber, and of almoſt every thing, 


which the neceſſities, rather than the elegancies of 


life require. Till both have acquired the pedling 
arts of their neighbcurs, (and it were to be wiſhed 


that every part of the Britiſh dominions would prac- 


tiſe a pedling more than a magnificent commerce,) 
Ireland alone can ſupply from her moſt luxuriant 
paſtures the full demand of cattle for the. Weſt In- 

dia market, ſince Ireland anually exported, accord- 


four hundred and forty live ſtock excluſive of 


hogs ®. From the coaſt of Barbary the Welt In- 


dies were often ſupplied with ſheep; and from the 


Cape de Verd Iſlands they were ſometimes fur 
niſhed with cattle and Indian corn. It is of greater 


nautical importance to Britain, to ſend ſheep and 
oxen to the Weſt Indies, from the Barbary Coaſt 


and the Cape de Verd's, than from Nova Scotia 
or Canada; becauſe the chief care of Britain, on 


this occaſion, ſhould be, to find outward freights 


for the Weſt India veſſels, conſiſting of {ix hun- 
- died andeighty fail ; to make. that buſineſs pro- 
| fitable now, which was formerly unprofitable, owing 
to the greater bulk of the homeward than the out- 

ward ladings: And in this meaſure all parties are 


WT e becauſe if "os are oy ano 
$35 ” ed 


> gs to Mr. 4. Ry 0G Tour in Ireland, which 
contains many imtereſlig details, 


+1 


ed to the Welt. Ladies they can cragſport the Wen 
bong: products the, cheaper to B itain Laliy 

os ſhall continue too high minded 
to o fait their own poultry, they may find. feeders 1 in 
Bermudas: And Bermudas along can ſend them 
all the poultry, which their, N may, Grave, 
ſince the Bermudeang ſent them, 741 .dozen, in 
1772, as part of an acguſtomed cargo“ — 

If from the offspring of paſturage we. turn our 
attention to the produkts of agriculture we ſhall 
find the flour of wheat to have been an article, 
which the Weſt Indians conſumed in conſiderable 
quantities, though het Pore dl were fadom: allo w- 
ea to tate it. 9 8 ON 

Of Froux bald But ad: neg 
there were exported to the Britiſh Witt Indies; 7 
* * 6d oy 136,388 ite „ 4.515 ro, of 

72, — 126229 47960 
RED Soni. e 1 


——— ME — 


De the United States Would refuſe. thei: * 
ae the conſiderable quantity +, Which was 
thus conſumed in the Britiſh: Weſt Indies, muſt be 
R various ſources. Nova Scotia has 
hitherto had no ſurplus of flour or. of wheat to 
_ | pare. The agriculture of Canada was, for ſeveral 
years aſter the conqueſt, overſhadowed by the ſu- 
perior advantages of the middle colonies. It was 
the cheapneſs' of the Canadian wheat, .owing to 
Abe Wer of kuperky which induced the Phila- 


de n 


8 FR 4 ; 


9 The InſpeBtr' 8 Books, | 2 
4 1d. oy 


T AI 


delphian merchants to become ſpeculators i in the 
market of Quebec, for ſupplying directly the de. 
mands of Portugal and opal.” And Canada 
pa exported e 
1 Buſhels wheat, Barrels of flour, 
mn 1772, — 154807 — 720 
13. — 268916" — 7,cot 
74. — 460,818 — 6,991 
75, — 175,099 =" 79; 
3 — 14,175 wade. 


The 3 like their Souther en 
have acquired an energy from the war, which, like 
them, they will carry into all the operations of 
peace. To argue, that the Canadians, becauſe they 
were once indolent and poor, are never to become 
active and opulent, is to inſiſt that the affairs of the 
world do not run continually in a progreſs ; that 
children never become men ; that every people have 
not their beginning, their riſe, and their decline. 
The hiſtorian will find no great difficulty, in 
pointing out the exact period, when each of the re- 
volted Colonies exported a leſs quantity of wheat 
and flour than Canada actually ſent out, as its ſur- 
plus, in 1772. When the United States, in their 
ſpirit of reſentment, rather than retaliation, ſhall 
have withdrawn the competition of their citi- 
zens; when a conſtant demand ſhall have ope- 

rated as an encouragement to the manufactur- 
ing of wheat; then will Canada ſupply both 
Newfoundland and the Britiſh Weſt Indies with a 
ſufficient quantity of flour, which when well packed 
5 keeps 


® Inſpe&. Gen. Books. 


1.9 1] 


keeps for years. The froſts of Canada, the ſtorms _ 


of St. Lawrence, the foggs of Nova Scotia, have all 
been mentioned triumphan tly as natural infelicities, 
which muſt for ever prevent Canada and Nova 
Scotia from becoming conſiderable, in agriculture, 
or great in trade. The mildneſs of the laſt winter 


in Nova Scotia, while the rivers and bays of the 
United States, as far as Carolina, continued frozen 


till the beginning of March, ought to moderate 


that triumph in future. The ſame North-Weſt ; 


wind, which renders it ſo difficult for veſſels to 
aſcend © the St. Lawrence after the middle of 
Ocdcober, facilitates the navigation outwards. And 
Halifax might eaſily be converted into a depoſitory 
for all the ſurplus products of Nova Scotia and 


Canada; which might afterwards be ſent out, dur- 
ing every ſeaſon, as demand required, from that 
moſt commodious of all the American harbours. 


Halifax is ſaid to be the moſt commodious port, be- 


cauſe it is not only at all times open, but it happily 
ſtretches about five degrees to the Eaſtward of 


Cheſapeake Bay ; the North-Weſt wind, which 


drives with irreſiſtable violence ſo many ſhips from 5 


the coaſts of the United States, carries them ſafely 
to Halifax, by a ſide· long preſſure; and the Gulf 


ſtream conveys every veſſel from the South, during 


the calmer weather, by an eaſy Cail along the 
American ſhores to this moſt ſecure retreat. | 
Whatever productions, the ploughs of Canada, 


or Nova Scotia, may ever afford, Great Britain 


will ſurely be able to furniſh all the flour of wheat, 


_ which 


(8 1 


which the. Biitiſh Weft Indies can Ever 8 if 


from our experience we may form any expeftation, 


Even 3 young. men may remember: fince England 
ſupplied the coaſts of the Mediterranean; as well 


as the ſhores of the Baltic, with wheat. During 


| that. flouriſhing, period of our agricultute, from 
= 1749 to 1757. England exported, annually about 


750, 000 quarters af corn, which at the low prices 


of that time, brought into the nation £.1;300,000, 
Such plenty alas! and ſuch profit | from Corn we 
have not for ſome years knoyn. H owever unfa- 


vourable the ſeaſons may prove there is reaſon. to 


hope, from the floutiſhing ſlate of our agriculture, 
that Great. Britain will be able to ſpare wheat flour 


enough to ſupply the wants of a community of 


ſeventy thouſand maſters, F or, there were actually 


_ exported to the ine Wag e From, am 
e S nN 15 


491 5 „% „ ” PLP 46 2 


| Wheat "ng Oatmeal. 2 5s wh 

' Quarters. Quarters. . : Cat. 

in 1773 — Jo 8 18 — 404 
1750 — 35,907 — 758 — 7," 
174g — 4,090 — 4355 7 6657 


The quarter of meal muſt weigh 27 blbs: : 80 


we may regard every quarter as only a greater 


barrel. From theſe Cuſtom -houſe entries, with all 


or imperſeAions, we fee cleaily enough the 
effect 


* An. Reg. 1772. | 


and when it had ceaſed. Whatever may be the 
ſyſtem which the Parliament ſhall adopt, with re · 
: gard to corn, it will be wiſe to continue, the allo r- 
ance, which has for ſome years been given *, to 
export grain and other proviſions to the Britiſh 
Weſt- Indies, like the indulgence that has uſually 
been grauted to Man, Guernſey, and Jerſey. We 
are very apt to copy the French faſhions while 
- we: too ſeldom adopt the French policy. What 
the French practice even now is, we may learn 
1783, which has been lately cited as ſo favourable 
10 the United States; and which yet permits 
Their merchants ta furniſh our Colonies (of 
France) with every kind of their commodities, 
that aur nation cunnot fupply us with,” We ought 
vot to heſitate a moment then, in recuring to tbe 
original principle of colonization, which conſiſſed, 
in ſupphy ing all that the Plantations might want 
and that Britain/ could furniſh, excluſive of every 
ather country. And thus we perceive, how much 
favour the Congreſs would confer upon Britain, 
were that body to prahibit the export of flour to 


the Britiſh Weſt-Indies; bow much benefit Bri- 


tain conferred on the American citizens, when ſhe 
allowed flour to be exported from the United 
States h to the Britiſh Weſt-Indies in Br wiſh ſhips. 


es 1 23 Geo. in. ch. 6. this allowance u was continued 1 to 


effect of the American competition when it exiſled, | 


— F 


[ 82 J 


It will be much more difficult to find for the 

Weſt Indies a ſufficient ſupply of rice and Indian 
corn, which are both ſaid to be abſolutely eſſential, 
It is however a comfortable conſideration, that 
neither rice nor Indian corn formed the food ef the 
flaves. Of rice there were only imported in the 
Britiſh Weſt Indies, if we may judge from a three 
years average ending with 1773, 20563 barrels*, 
which were all conſumed at the luxurious tables of 
the ſeventy thouſand maſters. Of Indian corn 


there were equally required, if we may determine 


from a ſimilar average, 401,471 buſhels T; which 


had done ſomething more than fu rniſh 400, oooſlaves 


with one week's ſupply, had the negroes conſumed 


what was actually given to the horſes and other la. 


bouring cattle. Rice then was a luxury of the 


Yich ; and Indian corn was the food of labourers, 
who indeed were equally entitled to their hire. 


It is not then ſo much to be lamented, that from 


the United States, rice and Indian corn can alone 


be procured | in ſufficient quantities. But, every 


community 


* + The Cuftom- houſe entries. 


+ Id. Indian corn was the only article of proviſions, which 
was unreaſonable in its price, according to che lateſt accounts 
from the Weſt-Indies. It was as high as 58. 10d. ſterling per 
buſhel at Antigua in April: But, it was about the ſame 
time as high as 48. ſterling the buſhel j in Virginia ; and corn 
was ſelling in the Baltimore market on the 18 of May 1784 
at 3s. ſterling the buſhel. All theſe high prices were owing 
to the ſeverity of the preceding winter, when the planters 


were obliged to feed their cattle with the corn which they 
uſed to export. 


(8%) 


community, which thus depends on rivals, ought, 
to look for ſubſtitutes when they can no longer 


find ſupplies. Every houſe-wife can find a 

thouſand lubſtitutes for rice, in the making of her 
puddings: And peaſe, beans, oats and barley, we 
know feed the horſes of other countries. The 
| oats, which were raiſed in the United States, were 


of a kind too light, and the peaſe were too ſub- 
ject to the ravages of the fly to afford much food: 


And oats and beans were chiefly ſupplied from 
Britain even. before the revolt put an end to the 


colonial competition. From England alone there 


vere actually! ſent 4 to >the Britiſh Well. Indies; ; 


1 41 Barley. Peaſe. Reans. Ow |Wheat. Rye. 

5 15 5 yrs. qrs. qrs. qrs. | qrs. 
In 1773 3| 356| 9,089 16,61% of 350 
In 1780 256 1,116012,29 10 8, 0061, 14601,116 
In 1763 | 4461 755 7.360 $12. 8.755 


1 rom theſe Cuſtom. 1 entries we fre clearly, 
by contraſting the exports of the three years, the 
effect of competition between Great Britain and 


the United States. The revolted Colonies had gra- 


dually circumvented the Parent Country, in ſup- 


plying the Britiſh Weſt Indies, wich all the pro- 


ductions of agriculture. | The Britiſh yeomanry, 


burdened with the payment of rents, tythes, and 
| Poor-rates,. could not contend with the American 


yeomanry, who were exempted from all theſe 
taxes, beſides much lighter public duties. And 
Mr, Arthur Young very ably proved, in 1774, by 

W 2 an 


a 
— — 2 — - ” 


detail: 


L 84 1 


aft examination of particulars &, that the American 
farmer could not ofily ſupply the Weſt-India mar. 
ket with flour, much cheaper than the Engliſh 
farmer could do; but; could even exclude the 


Engliſh farmer from ſapplying the domeſtic mar- 


kets of. Britain with wheat. It is eutions to re- 
mark how neat to each other the events of the late 


wat have brought the prices of proviſions in Ame. 
rica and in Britain. The current rates at the two 


great marts of Philadelphia and London, in De- 


cember 1793, may be AE a by the e 


Philadelphis prices. Loddon prices 


Of fine foe per cwt. £.0 15 9 £.0 16 0 
Oft common ditto 0 43 o' 0 14 0 
5 Of meſs beef per barrel 4 . 2 2 6 


Gow pork. FFT 
. 11 1 0 
3 | — — TE © - mn 


It is a rematialle fa, that the prices of all 
things have been uncommonly high in the United 
States, ſince the peace. Yet it is apparent that tbe 
London and Philadelphia prices cannot thus run 

parallel together long ; though the freights may 


continue cheaper from London than from Phila- 


delphia. The advantages of the American farmer, 
TRY the I aro * nen, 


dence, 
1 pol itical Arithmetic. 


"i The ſubjoined detail will evince the truth * che poſition 
in the rext, that the American prices of grain are already 


fallen 


dence, will continue ſo ſuperior, in reſpect to rents, 


tythes, and poor-rates, over the Britiſh farmer, that 


the former muſt ere long overpower the latter in 
every competition. The difference of price to the 
Weſt Indians, whatever it may be, is the equiva - 
lent, which they ought to pay to the Britiſh con- 
ſumer for enjoying the excluſive ſupply of ſugar 
rum and other Weſt India products. But, the 
American citizens having now ceaſed to be fellow- 
ſubjeQts, may be juſtly excluded from a right and 
a benefit, which we had formerly relinquiſhed in 


favour to them: The Britiſh farmers next to 
the Britiſh ſailors are the men, who are the moſt 
worthy of the protection of the Britiſh legiſlature : 


The one claſs fights our battles ; the other ſupplies 


vs with food : The farmers are therefore entitled 
to the preference in ſupplying the Welt India 


markets with all the productions of agriculture : 
The ory are An more e to the employ - 
= ment, 


fallen much 1 FOO the Bricich, and will 3 con- 
| tin ue lo: 


At Ktimace, the mart 


At London, — of the middle States, 


18th May, 1784. 18th May, 1784. 


Peaſe | | ws 1 "3 2 ditto, — 4 o ditto. 
Beans — 8s 6 ditto. — * 4 o ditto. 
Barley 4 6 9 ditto, e 6 16 9 ditto. 
Oats —5⁵² 1 5 ditto, — o 8 8 ditto. 


— TS 


Vet, ſalted ad were at ils is time much u bigher in 
the Baltimore market, than in the London. 


Wheat — /. 2 8 1 per qr. —' 200 12 o per qr. 


IN 4 i IO - 
— — — — 

mn . Fae =o 35 
ths, g - 4 * 2 — — ET 4 


L 86 1] 


ment, whick ariſes from additional freights. And 
the public will gain in the exact proportion, as the 
' antereſt of thoſe two molt uſeful bodies of men are 
promoted. | 205 


The Welt Indians lone like u other bo 


people, ought to be chiefly ſupplied with ground 
proviſions, by their own diligence and care.. Let 
every iſland follow the example of the Jamaica 
Aſſembly when it enacted“: That owners of 
Plantations ſhall have at all times one acre of ground 
well planted with proviſions for every five negroes, 


and ſo proportonably, under the penny of forty 


ſhillings, for every acre wanting.“ The Jaw has 
| Jong expired; but the ſalutarineſs of the rule has 
in a good meaſure continued the practice: And 
Jamaica, confidering its ſuperior extent and popu- 


louſneſs, of all the Weſt-India iſlands, requires 


the ſmalleſt ſupply of proviſions from abroad. 
Virginia and Maryland are the States, which chiefly 


ſupplied the Weſt Indies with corn: Yet, during 


_ almoſt a century, after the ſucceſſive ſettlement of 


each, their Aſſemblies conſtantly enforced by penal- 


ties the planting of grain in oppoſition to tobacco f. 
The planters of both at length diſcovered, that on 


the 


* Laws cats; 
4 The laws of Virginia, which was ſettled in 1857 Aired 


in 1663 : That two acres of corn ſhould: be yearly planted 


for each tythable, rending a crop; and that the planting of 


ene acre of wheat ſhould excuſe the planting of two acres of 
corn: {Laws p. 42.] And conſiderable encouragement was 
given to the building of water-mills in 1705. (Laws p. 294. 


land Mary paſſed fimilar laws, 1682 ch. I, 1795 ch. 16, - 


„ 
the ſame plantation, with the fame number of 
negroes, they could raile a crop of wheat, in ad- 


dition to the uſual crop of tobacco. And the Weſt 
Indians ought to adopt the principle and profit 


from the reſult of this diſcovery ; which alone con- 


fiſts, in making the beſt uſe of their advantages. 


Without the law of Jamaica the other iſlands had 


been driven by neceſſity to adopt the practice, of 
raiſing on their own fields much ground proviſions. 


And this policy is ſo uſeful to the maſter and agree - 


able to the ſlave, that it ought to be extended and 
enforced by the Weſt India Legiſlatures: This 


rural œconomy is uſeful to the maſter, becauſe: 
money ſaved is money gained, which depends on 
no contingencies It 15 pleaſant to the llave, be- | 
cauſe, while he labours his own field, and tends 


his own plantains, potatoes and yams, he thinks he 


is free. Why then ſhould the Welt Indians reſiſt 
a meaſure, which promiſes profit to themſelves and 


happineſs to others? 11 
Yet, the Weſt India merchants wy planters re- 


preſented to the King's Miniſters in April 1783: 
| © That in ſeveral of his Majeſty's Sugar Colonies 


there are ſtill great tracts of uncultivated lands, of 


which although a confiderable part would un- 


doubtedly under adequate encouragement be ſettled 


with ſugar works, yet there will remain conſider- 
able quantities, which from ſoil or ſituation ares 
unfit for the culture of ſugar, though very fit for 


that of indigo, coffee, cocoa and tobacco, if proper 
encouragement were given thereto.“ And the en- 
3 couragement 


1 88 7 


couragement thus amiouſly aſked by i is the 


diſtribution of bounties from the taxes of Britain, 
which are collected from our induſtrious claſſes, 


They ought to be told, that we wiſh not ſo much 
for their indigo and coffee, their cocoa and tobacco, 
as that they would, inſtead thereof, raiſe food for 


| their ſlaves. Let their Aſſemblies encourage by 


| bounties, or enforce by penalties, the raifng of the 


moſt needful kind of proviſions on their own 


 HMlands. Let them adopt every poſſible mode of 


fapply rather than be dependent on rivals, or by 


United States; it is now proper to advert ſecondly 
to the commerce of lumber, which the neceſſities 
of the builder and cooper require. The preſent 
demand 1s great; as we may learn from the fob 
lowing detail of the former ſupply: | 


There were exported from the United n 0 


the Britiſh Weſt- Indies in 1 771 
Pine and oak boards, planks, | 


lathing, &c. „ 13 21, 271,955 * 


Hoops — — 141,958,411 numb. 
Staves and heading | — 5,200,000 numb. 
Pine timber —öÜ , ‚ d hood” 
Oak timber! — 95 tons 


—— — — 


ſacrificing the acts of navigation, enervate the beſt 
defence of Britain, who Oy en them from 

5 conqueſt. | 
2. Having thus hens, hit it is 1505 0 10 
fopply the Britiſh Weſt- Indies with proviſions 
excluſive of the United States; that it is the in» 
' tereſt of Britain to ſupply them excluſive of the 


(91 


Excluſive of ſmaller articles this og, was .Cers. 
tainly of a bulk, which required many ſhips to 


carry it: And without the aid of the United States 


it will not be eaſy to find an adequate ſupply for 
ſo large a demand. Canada and Nova Scotia, for ; 
ſome years before the revolt, had furniſhed: the 

| Briciſh Weſt- Indies with ſome lumber of the va; 
rious kinds. Both theſe colonies had however 
been depreſſed by too powerful competitors and 
both continued feeble ; the qne from its paucity 
of people; the other from the inveteracy of its 
habits: And both wanted what it is of the greateſt 
conſequence for every community to poſſeſs, energy 
and capital, The face of both countries, however 

_ extenſive, is luxuriantly covered with timber trees, 
and both are every where interſected by navigable 
rivers: In Canada the; People bad. bam. the 


reyolt erected great numbers 


_ and comtbodious ration In — TY 


Scotia it is -haped the ſettlers, by following now 


their example will ere long .convert their extenſive 
foreſts into fruitful fields. Canada has been lately 


confined within narrower bounds, which wall. re- 
ſtrain the accuſtomed roving, of its wag 


who as they encreaſe in numbers with wand . 1 
ployment; and who will therefore direct their 
future diligence to domeſtic ogcupations. with the 


force, which compreſſion always produces. The 


extenſive ſhores of the Bay of Fundy (where the | 


| Proper wood for lumber abounds. with even the 


N 


White ook, fo prized for is cloſeucls of grain) have 
been 


b 1 

been at length. ſettled by a great body of men; 
from whoſe energy of character and knowledge of 
the buſineſs, ſcantlings for the builder and ſtaves 
for the cooper may be expected in abundance, 29 
they convert the well- earned rewards of their 
loyalty into productive farms. Nor, could the 
ſame quantity of products be expected indeed from 
the twenty - fix thouſand people, who inhabited 
Nova Scotia before the late war, as from the ſupe- 

rior induſtry and wealth of the ſixty- ſix thouſand 
_ Kſhers and farmers, who now reſide in that 
flouriſhing province. If the Congrels, incited by 
the clamours of intereſted traders, ſhould prohibit 
the export of lumber to the Britiſh Weſt-Indies, 
the prohibition would operate as a bounty to 
Canada and Nova Scotia, by clearing the markets 
of overpowering competitors and creating a de- 
mand, which, owing chiefly to that competition, 
they were unable to ſupply. But, the planters, 
who appoint the American Legiflatures, are too 
much benefitted. from finding a market for the 
timber, which lies heavy on their lands, to give us 
any well grounded reaſon to hope, for a meaſure ſo 
Fe advantageous to the Britiſn dominions. 

If however, reſentment ſhould in the ſtruggle prove 
too powerful for prudence, and contrary to their 
genuine intereſts the United States ſhould prohibit 
the export of lumber ta the Britiſh Weſt-Indies, it 
will be proper to look for adequate ſupplies from 
every quarter of the globe. The ſearch would not 
os difficult 1 were the real advantage of Britain the 


24 = 


[ BJ 
point . to be fimply conſidered. And the nava 
policy of Britain requires, that the Britiſh Weſt- 
Indies. ſhould be ſupplied with lumber from the 


rivers of Germany and the ſhores of the Baltic, 
even in preference to Canada and to Nova Scotia. 


For, it was the opinion of Sir Joſiah Child, which 


the experience of a century hath verified ;” That 


chere is nothing more prejudicial and in proſpe& 
more dangerous to any mother kingdom than the 
encreaſe of ſhipping in their plantations aud pro- 
vinces:” And from the regiſter of ſhipping at 
Lloyd's Coffee. houſe we may learn, that the Co- 
loniſts have begun to build ſhips in Nova Scotia 
and Canada and that the Britiſh merchants have 
conſiructed, fince the revolt, veſſels of three 


hundred tons at Newfoundland and ſmaller ones on 


tie inhoſpitable ſhores of Labradore. | Whether 


the nautical intereſts of the kingdom would be pro- 


moted the maſt, hy the building of ſhips at Poole, 


(fince it is the merchants at Poole who chiefly build 


ſhips at Newfoundland and Labradore) or at New- 
toundland, is a queſtion which does not merit any 
anſwer : Nor, is it neceſſary to enquire, whether 
Britain would be moſt benefitted, by fetching the 
wood from Newfoundland, or by ſending thither 


the iron and ſails: And thus it is, ſays Monteſ- 
quieu, that Holland has its quarries and its foreſts. 
In this manner are we led to infer, that neither 


the petty profits. of the Welt-Indians, who enjoy 
monopolies enow, nor 2 conſiderable advantage to 
our remaining coloniſts, who may convert their 
N 2 trees 


( 92 ] 
trees into potaſh, ought to be conſidered a ma». 
ment, when the domeſtic encreaſe of ſhipwrights, 
| ſailors, and coopers, is the object in contemplation, 
The colonies were originally ſettled to promote 
the navigation of England, by creating a great 
employment for ſhips. To allow the plantations 
(as they have been allowed for a century and a 
half) to enter into a competition with the mother 
country, in ſhip-building and navigation, was ab- 
ſurdly to ſacrifice the important end to the incon- 
| fiderable means. The fiſheries of New-England 
were, in this view of the ſubject, a nuiſance in the 
Britiſh empire, great in proportion to their extent 
and continuance. The making of acts of Parliament 
to protect the New-England fiſhers and the colo - 
nial ſailors from being preſſed into the public ſer- 
vice, like other Britiſh bſhers and ſeamen, was ta 
augment that nuiſance, inflead of abetting it.— 
Sailors, who reſide at a diſtance of three daft 
miles, were they ſubje& to the preſs, are unuſeful 
to Britain, becauſe their ſervices cannot be com- 
manded, when they are wanted moſt. The ſailors 
and fiſhers of Nova Scotia and Canada are entitled 
therefore to no favour from Britain. And ſtill 
leſs are. the American feamen, who continue our 
rivals | in peace, and will be our enemies in war, 
entitled to any indulgence, when that favour i is to bg 
conferred by depriving our own failors of employ- 
ment, and the nation conſequently | of their ſervice. 
When the Weſt- Indians are urged to allow their 


lav es to raiſe food for themſelyes they conftantly 
plead, 


BR. 
plead, that the planting of ſugar promotes the na- 


vigation of Britain. But, when they inſiſt, that the 
American citizens ſhall be allowed to ſupply them 


with lumber in American ſhips, even of the ſmalleſt 


ſize, they would facrifice the end to the means. And 


the Welt Indians little reflect, amid their cares for 


' themſelves, that in proportion as they carry their 
wiſhes into effect they deſtroy the uſefulneſs of the 


Weſt Indies to Britain, 


It ought ta be. the conſtant objeft of ande 
then, conſidering. her glory and defence to ariſe 


chiefly from her ſhips and her failors, to ranſack 
the earth for lumber and to ſupply the Welt In- 
pies from her own parts. Were this meaſure car- 


ried carefully into practice it would be found to 


lead to the profit of individuals as well as to the 


ſafety of the State. The navigation, which was 


created, by tranſporting annually the ſurplus pro- 


ducts of the Weſt Indies to Britain, is doubtleſs of 
great importance, from i its magnitude, and may be 
rendered much more uſeful, by its regulation. This 


truth we ſhall ſee in the moſt ſtriking light by at- 


tentively vie wing the ſubjoined detail of the Weſt⸗ 


India ſhipping, which was formed from a minute 
inſpection of the entries at the Cuſtom-houſe “: 
— | 4 


Some men from the ſuggeſtions of ſceptical minds delight 


in all the various ſhades of uncertainty. Such men are never 
more gratified than in finding errors in the Cuſtom-houſe 


| books, becaule the eſtabliſhment of error has an eſſential ten- 
dency to create univerſal doubt, Bur, in thoſe books chere 


ls afluredly much trath as well as fome falſehood: The entries 
of 


941 


And it contains an accurate abſtratt of the number 
of veſſels, which appears from the regiſters of ſhip- 


ping to have been cleared from each reſpettive iſl- 


and, during a year of great export, diſtinguiſhing 


the Britiſh from American built ſhipping : 


Iſlands. Brit. ſhips. . Am. ſhips. Brit. tons. Am. tons. 


Jamaica _ 145—1g6 — 26,906 — 15,847 
Barbadoes - 47 — 13 — 6,546 — 1,172 
St. Kitts 35 — 20 — 6,494 — 2,310 
Antigua - 28 — 22 — 4,073 ND 2,290 
St. Vincent's 25 — 9 — 3,042 — 1,100. 
Tobago - 6 — 3 — 615 — 320 
Montſerrat - 10 — 9 — 1,437. — 1,043 
Nevis - 18 — 0 — 2,851 — | 
 Grenades -' 51 — 49 — 7,747 — 69942 


Dominica = 32 — 21— 3.933 — 2, 433 


Britiſh — 397 - 8 - hs - 
American 282 - - - 32, 457 


— — — ——— 


Tot. in 1772, 679 =' 96,071 


From this detail, which is only inſtruQtive in 


proportion to its accuracy, and which to be able 
7 ih thus. 


of uncuſtomed goods are doubtlefs liable to much impoſition, 
and are conſequently obnoxious to much objection, as proofs. 


The entries of the number of ſhips, which clear in any port 


in any year, contain as much certainty as generally is found 


in human affairs. Every veſſel, which any where loads and. 


all the veſſels which loaded in the Weſt-India iſlands, during 
any given year, muſt have neceſſarily cleared, and every veſ- 
| TY | ſel 


„ > oe. 


„ 

thus to ſubmit to the Public required no ſmall re- 
ſearch, we may make many reflections. From it 
we ſee the relative importance of each of thoſe 


illands to our navigation and the commercial mag- 


nitude of the whole. Tobago indeed we have 


loſt ; but, it was the leaſt we could looſe. Of the 


fix hundred and ſeventy- nine veſſels, which were 


in this manner required to tranſport the great Weſt 


India cargo of 1772 to Britain, much more than 


two thirds had been built in our Colonies, though 
they only contained a little more than one. half of 
the tonnage. To ſo great an extent had we reſigned 


the moſt uſeful of all our manufactures to our Co- 
loniſts, contrary to the remonſtrances of the wiſeſt 


men of their time. We have been ſufficiently ſoli- 


citous about the manufactures of wool, of hats, and 


of iron in the Colonies ; but we. have cared little, 
during the laſt century, for the more important 


manufacture of ſhips. This had been a melan- 


choly remark, were it not that we may derive 
conſolation from refleQing, how much the public 


wiſdom may convert misfortunes into benefits. We 


may 


ſel is entered accordingly to the deſcription given of her 
in her own regiſter; namely vhere ſhe was built and who 


are ber owners. In this tranſaction intereſt has no object in 
Propagating falſehood. And conſequently when the Cuſtom- 


houſe liſts of all veſſels, which entered outwards in any year 
ſrom the Britiſh Weſt-Indies, are carefully inſpected, we gain 


allthe certainty which, in ſuch details, any reaſonable inquirer 
would wiſh to have. In this manner were the Welt India 
Cuſtom · houſe returns inſpected by two very competent per- 
ſons, in order to come at the reſult mentioned in the text. 


n n! — x 


1 96 J 
may now regain the buſineſs of ſhip building ts 
no ſmall extent, which our imprudent kindneſs had 


given away: Our ſafety requires, that we ought to 


retain every advantage, which a 8 11 revolution 


f has happily thrown in our way. 


Of ' thoſe 65x hundred and ſeventy nine veſſel, 
which though regiſtered at ninety-ſix thouſand 
tons, carried at leaſt one hundred and twenty eight 
tons, it is admitted, that one half ſailed to the Weſt 


Indies without a freight, or that each ſhip carried 


only half a lading. The loſs from-that circumſtance 
formerly and the gain to be made now, by finding 
full freights for our outward-bound ſhips, may be 
very eaſily calculated. If the average of the out- 


ward freights is allowed to be twelve and fix 
pence the ton, we may find by an eaſy calculation, 
that the freights on fixty-four thouſand tons would 


amount to forty thouſand pounds. To men indeed 
who permit their minds to dwell on ſplendid pro- 
jects of commerce, or who gain thouſands from a 
job, that annual gain to an opulent nation will ap: 


| pear very inconſiderable. But it is the duty of the 
Legiſlature of a nation, who runs too much into a 
magnificent trade, to promote an œconomical one. 


If that employment of capital, which was formerly 


unproductive, can be rendered, by proper meaſures, 


more fruitful, we may ſurely preſume, that an aug- 


mentation of capital would neceſſarily follow addi - 
tional gains. Merchants, who formerly became 
owners. of ſhips in the Weſt India trade with re- 
luctance, mean PROS ſhares with alacrity. 


12 The 


E 


The bab of veſſels would increas with the 


competition: of traders. And in this manner would N 
Great Britain, by ſupplying the Weſt Indies with 
Lumber from her own ports, regain the building 


of ſhips and invigorate that branch of her naviga- 


tion, which the continued competition of her Colo- 
nies for upwards of a century had bowed down. . 


and broken. | 
But to the moſt ſalutary meaſure objeclion may 


be eaſily found at the call of intereſt. If it were poſ- 


ſible, ſay the Weſt Indian Committee, to confine 
the intercourſe between the Sugar Colonies and 
America to Britiſh built ſhips, is it quite ſo clear, as 
men imagine, that we have ſhips to carry it on, or 
can keep up ſuch a ſtock of Britiſh ſhipping in the 
merchants ſhips, as would be wanted ?” Con- 
ſidering this queſtion as an important one (and an 


important one it ſurely is) thoſe gentlemen do not 


rely on general reaſoning, but appeal to the. deci- 
five inferences of authentic facts. In purſuance of 
their plan they have brought before the Public the 
regiſter of ſhipping, which are conſtantly ſurveyed 
and weekly tranſmitted for the uſe of that very re- 
ſpectable body of men, the Inſurers at Lloyd's Cof- 


fee · bouſe. This regiſter, containing -a return of 
the name of every ſhip, its tonnage and age, the” 
Place where built, the owner, the uſual trade, where. 


in employed, with other more minute particulars 
ol its quality, is very uſeful to them: And com- 
prehending, as it does, almoſt all the ſhips, which 


are employed in the foreign. trade of Britain, it fur- 


niſhes a very good comparative eſtimate of the num. 


— 


— - © 


4 4 2 Sinn 
r 


P 


L991 

ber and nature of our ſhipping, at any two given 
_ epochs, within the laſt fix and twenty years, the 
period of its exiſtance. The Committee, by uſing 


the regiſter of 1775, which comprehends the re. 
ports of 1772--3--4 and part of 1775, choſe the 


_ zera of the greateſt extent of navigation, which had 


ever tranſported the ſurplus products of England, 


For, from the regiſter of ſhipping at the Cuſtom- 


| houſe, we know, that, according to a three years * 


average ending with 1751, which was an age of 


commercial proſperity beyond former example, 

there were cleared outwards only; 

” | Tons Eng. Tons For, Tot, Tons. 

609.798 $1,586 - 661,18, 

Yet there entered out- 5 

wards, according to 

a three years average 

ending with 1774, = 756,187 - Wy - 821 817 

It was at this epoch of nautical greatneſs, that 
Pe Committee thought proper to inſpect the Re- 


giſter and to publiſh the reſult. The public had 


been ſtill more obliged to them, had they ran- 
| ſacked the Regiſter, ſince the peace and equally 


publiſhed their reſearches, that the world might 
have enjoyed the ſatisfaction of contraſting two ſuch | 


ſignal æras together. What the Committee thus de- 


| Clined to do has been actually done. And the 


Regiſter of 1783, which contains the reports of 
1781-2-3 has been examined with the moſt minute 


care; in order to form a compariſon between a peace» | 


ful period of unexampled proſperity and a hoſtile 
period of uncommon embarraſſments. And the 
following detail contains: 


A Cour ARATI VL 


A 


bo wn 


*$1107 urolloury 6L1 TY 
A £8009 gory ! 10e 8 
8 * 97 | 


£ 30 drop e pur 
» robo ur se 2121 I[14\ 
| 09 Auo Perun 


% % 2 y 


— 92vad 30 bod h 01 1 0 pod » 505 30 Aquozrajuy or od eg PA 


48011 — 
ee e «dnp uPIURUP 
9 — 
5 gen ifor N 8 

6564 Gu 8 og. 5 | 7 
97 0 8 pue 450. 3 ud 
58 886 36 e , | 
6575 7 — omp yer onp ueorLawy | 


aryl 804 aSenuo; nay1 gpg! sdiq; zunq 1g 
8 r- 180%¹ 30 amddiyg 2. 8 


oy 


Jo pur 


sdiq; Y Jo Q ef 6 ur bes, {jus 21M ' 21301 
* I Soy A A 30 wy 4a24edde Sn} f Ip 


£92616 » 61e 9 
8 rg* 1 48 — omp 171 9.5 omp vroiomy 


9190 Sog. protec noi 9,68 $d1yj Aung ine 
9-8-8 Jo gurddius RE. 


«dis 1pnq ue2namy ain uo 1g * Sanym3ongip aj no- d J pl 


a stomu T 2y3 30 hh 241 ut aradde 4e s far a 2187 qu Jo pu pue zuaurou,,jùu Oo o 


ze ufenig Jo 2pP4T, .. _ un 'p>4ojdma 249M CULLY Jones mp Jo MIIA TAILYEVanO) * 


( 100 ] 
Such is the reſult of a compariſon, which ought 
ſurely to inſpire no deſpondence even into the 
molt fearful minds. The Weſt-India Committee 


very well remark : That the tonnage of both is 


much below the truth, being the tonnage the ſhips 


were regiſtered at; that it follows, as far as this 


ſurvey extended, the American ſhipping in the 
foreign trade of Britain amounted to a good deal 
more than half as much as the Britiſh.” Had they 
inſpected the Regiſter of 1783, they would have 
| ſeen, what indeed was not altogether within their 
plan, that the Britiſh ſhippipg had encreaſed by the 
excluſion of the American, during the calamities of 
war, no leſs than 102,701 tons. Of this exhile- 
rating proſpect let us take another view. There 
were aſſuredly vaſt fleets, which, though built by 
Britiſh ſhipwrights, were not included in the ſur- 
veys of 178 [-2- 3. becauſe they had not touched at 


any Britiſh port; becauſe they were inſured by 


the Government, who made uſe of them as trans 
'ſports. From the Report of the Commiſſioners 
of Public Accounts we know, that there were em- 
ployed at New York by the Quarter-maſter Ge- 
- neral, the Barack- maſſer. the Commiſſary General, 
in the four years, ending with 1780, no fewer 
than 611 veſlels, carr ying icons tons, Were this 
ſicet brought to the account of 1783, it would 


complete the defective quantity of tonuage, though 


not the defective number of ſhips. Many of thoſe | 

veſſols, or perhaps a greater number, remained till 

November, 1783, to perform the melancholy ſer- 
vice 


MM. Bs 

vice of final evacuation, And all: thoſe, or 
many of thoſe, have again entered into the mer- 
chants ſervice, ſince that fignal epoch, and pro- 
perly fill the void, which the happy excluſion of 
the American ſhips had left. But, what is that 
puny fleet to the vaſt navy, which was conſtantly | 
employed, during the years 178 1-2-3, by the Vic- 
tualing Office, by the Ordnance Office, by the 
Navy Office? And from an inſpection of Lloyd's 
Regiſter we may learn, that few of theſe tranſports 
cauld have been ſurveyed ; becauſe the very few 
tranſports, which appear to have been reported, 
conſiſted of thoſe veſſels, that were employed by 
the private contractors for various ſupplies. When 
all thoſe, or the half of thole, which had been | 
employed by the public boards, are brought to "1; _ 
account ; who ſhall lay, that there was any delicience e 
in 17832 * (2 5 =" 

lt is nevertheleſs aſſerted, ahav the deficiency 5 | 
was not ſupplied by Britiſh ſhips ; but by veſſels 
foreign built, of which the Northern nations ſup- 
plied the far greater number. If it is hereby 

meant to affirm, that much more has happened 
now, than had always happened, amid former hoſti- 
lities, the witneſs teſtifies of facts, which he knows 
not to be true. We have been driven by all our 
wars to employ foreign ſhips, in exact proportion 
to our naval embarraſſments and even to our ſuc- 
ceſs by land. More than one half of the commerce. - 
of England was carried on in foreign ſhipping, 
during King William' s wars: For it was found 


coaſt 


[ 102 J 


impoſſible to man the Navy without ſtopping the 
_ coaſt trade, owing to the ſcarcity of ſeamen. We 
employed no great number of foreign ſhips, during 
the long courſe of hoſtilities, which enſued upon 
the acceſſion of Queen Anne, becaule our glories 
by land in ſome meafure protected our ſhips by 
ſea. The Spaniſh war of 1739 increafed the quan. 
tity of foreign tonnage cleared outwards from 
26, ooo tons, during the previous peace, to 87,000 
tons, amid the ſubſequent hoſtilities, The French 
war of 1755 produced ſimilar effects: The foreign 
tonnage roſe from 52,000 in 1780 to 73,000 in 
1756-7, and to 120,000 tons in 1762, Such was 
the progreſſive force of our navigation at the 
epoch of the revolt, that our ſhipping, continued 
to increaſe during the three years of the American 
war. It was the French interpoſition, which 
forced up the foreign tonnage, from 64,000, in 
1775, to 98,000, in 1773, and to 139,000 tons, 
in 1779. The foreign tonnage roſe ſtill higher, 
during the Dutch war. Entangled, as we were, by 
our Colonies, preſſed by the French, attacked by 
the Spaniards, fought by the Dutch, and bullied 
by the armed neutrality ; it is not ſurprizing, that 
our traders ſought ſhelter under foreign flags. But, 
it has been ſhewn * to the conviRion of reaſonable 
men, that however our navigation and traffic may 
be depreſſed by war, both conſtantly ſpring up on 
the return of peace with ſtill greater force. 


see The Eſtimate of the Comparative Strength of 
Britain, for the facts and the inference mentioned in the text. 


. 
Tbe foregoing truth we might even collect from 
Lloyd's Regiſter of 112g ; which evinces, that' the 


Britiſh capital, which had created and ſuſtained 
the vaſt ſhipping of Britain, at the epoch of the 


revolt, far from being leſſened, or enerved, had 
actually been augmented and ſtrengthened by the 
war; becauſe that capital had been produAive, 
and merchants naturally throw their ſurplus ſtock, 
into the ſtream of commerce which, as it follows, 

waſhes grains of gold from its banks. How many 
fortunes were there in fact made, by ſupplying 


the government with tranſports, and even with 


armed ſhips, amid the preſſures of war. Now, 


it is produQtive capital, which, with the energy of 
compound intereſt, produces gradually ſtill greater 


Capitals, And it is that conſtant accumulation of 


capital in the hands of the induſtrious clfſes\F 
which for a century has produced, notwithſtand- * 
ing our wars, our Houriſhing agriculture, our va- 


rious manufactures, our r extenſive commerce, and 
vaſt navigation. 


After all this elaborate enquiry, it t may be pro- 


perly aſked, if there could have poſſibly been three 
and twenty hundred American built vellels engaged 
in the foreign trade of Britain, during the years 


1772—3—4—5? There may have been indeed 


very ancient ſhips, that had been again and again 


rebuilt: And Lloyd's regiſter ſhews this to have been 
the fact from the moſt accurate reports, which 
ſpeak of American ſhips, that had been built in 
1762 


——ů——— YO Ss 
446 all ent * „ — * At 
3 1 a 2 POT" — : . 
were . os 9 Eu ney Ro 2 „ 82 5 &7 
| A ne - 
— 72 . - . _ * 
5 . 


_ ——— 2 
ä I ba , - IS 
OS 8 


[ 104 J 
1962, and even before it. The following detail, 
which was carefully extracted from the records of 


American built ſhipping, will confirm ſufficiently 


the notices of the regiſter, as well as the foregoing 
inferences from it, 


© When 


| 
: 
* 
b 
| 
| 
ty 
j 
l 
" 
| 


* 


An account of all ſuch veſſels as were built and regiſtered, in the continental 
colonies, with the iſlands of Bahamas and Bermudas, during ſix years, diſtin- 
. each . and the . veſſels from the e and ſchneners: . 


105 ; ] 


[ 


1 Tons. | 


— 


When anne Lepa. [Their Tons | Stoops, &c [Their Tons. Toral Veſſels. 
In — 1768 — 157 19,098 | 329 | 10,54 | 486 29,462 
: | — 114 |] 11,247 X | 836 10,213 450 21,460 4 
— '130 | 11,216 | 385 | 12,982 | 516 24,198 
— 131 | 1495 | 347 | 10,5860 | 478 | 25,275 
— 184 | 19,854] 373 | 12-5099 | 657 | 32-423] 
— 212 | 24-500 | 426 | 13,529 | 638 | 38,029 
ges | 100,610 | 2,196 | 70,227 | 3,124 833 
Mee OI —— —_— 4k — 
Average of 4 6 155 | 16,768 |—366 11,704 |— 520 28,473 


From 


From this accurate abſtraft of moſt authentic 
records *, we ſee the full extent of the colonial ſhip. 
building which was rapidly encrealing at the æra of 
revolt. If all the veſſels, which were yearly regiſter. 
ed and ſent to ſea, from the colonies, had been an- 
nually introduced into the foreign trade of Britain, 
they could have only amounted to five hundred and 

twenty, If the ſhipwrights of the colonies had ſupplied 


our 


With a truly ſceptical temper, which often proceeds 
from ignorance more than from captiouſneſs, ſome men ob- 
je& even to thoſe authentic records, which were kept by the 
American Regiſter of Shipping, as not containing the exact 
number of ſhips that were built in the colonies. A few re- 
marks will ſhew with what propriety this objection is made 
to the authenticity of that record. 1ſtly. No veſſel that had 
been built in the plantations could poſſibly ſail from them 
without a regiſter, which was, in fact, its paſſport.— 
2dly. This paſſport could not be obtained for a new built 
ſhip, till the builder, or other owners, made oath before the 
Collector of the Port, as to the place where it had been built 
with other circumſtances ; till the ſame ceremony was per- 
formed before the Governors. — 3dly. When theſe eſſential 
proceedings were concluded the collector entered the ſhip in 
his book; whereof he gave a certificate to the owners, which, 
when ſigned by the Governor, conſtituted what was called 
among ſeamen The Ship's Regifter. —— 4thly. The Collector 
Was bound to tranſmit to the office of the Regiſter General, 
a duplicate of all thoſe certificates, which he regularly enter- 
ed in his books.——;5thly. It was from theſe books, that the 
abſtract in the text was carefully taken, and which muſt con- 
ſequently contain the exact number of veſſels, that had been 
regiſtered in the plantations, during the ſpecified years, 
though not the preciſe quantity of tons, which the owners 
had an intereſt to conceal, yet may be eaſily inferred, by 

making a reaſonable addition to the given ſum. 


[ 107 ] . 


our traders. ich is moſt likely, with their top- 
fail veſſels alone, the annual augmentation of Ame- 
rican had only amounted to one hundred. and 
fifty- ive. To thoſe who delight, in tracing the 
minute variations of commerce, it will afford no 
ſmall gratification to be told, that the American 
citizens have lately purchaſed ſeveral Britiſh built 
veſſels in the Thames : in order to enable them to 
carry on the trade between the United States and 
the Britiſh Weſt-Indies. And thus, if we wiſely 
adhere to our laws, ſhall we, in our turn, 9 
the Americans with ſhips. 

When the ſtatement of our ſhipping was ex- 
hibited by the Weſt India Cornmittee, as it ap- 
peared in Lloyd's regiſter, immediately before the 
war; when ſomething like a demonſtration was 
given of our inability to fill up the places of wo 
thouſand American ſhips ; all theſe ſtruck well mean- 
ing minds as a Gothic ruin, which inſpires melan- 
choly ſentiments and at the ſame time forces the 
unwelcome recollection, that all things muſt fall. 
But, that frightful fabrick has been now more 
nearly examined, and it is at length found to be 


one of thoſe magnificent and maſſy ſtructures, 


which noblemen, whole opulence is equal to their 
pride of family, ſometimes erect on the Gothic 
plan; and which either oratifies the beholder 
by its novelty, or exhilerates by the appearance 
of uncommon e and. your: in combined 
. : 5 
f = Having 


— r EAI - 9 Lee ene AAA. — 
— — — — — 


1 108 J 
Having thus been aſſured, © -That the 3 
* employed in the foreign trade of Britain 
amounted to a good deal more than half the Britiſh," 
we ſhall find ſome adyantage, perbaps a little 
amuſement, in running up ſuccinctly to the original 
, cauſe of thoſe memorable effects. The year 1638 
is the epoch of the arrival of the firſt New-Ergland 
built ſhip in the Thames; as we may know from the 
books of Privy Council. Amid the diſtractions of 
the ſubſequent civil wars the New-Englanders be- 
came the carriers of the Weſt- India products to Eng- 
land; as appears by the news-papers of thoſe times, 
which are preſerved in the Muſeum. The Act of 
Navigation confirmed their right to do ſo, by de- 
claring American built ſhips ta be completely Eng - 
liſh. Sir Joſiah Child ſoon after that declaration 
warned the nation of the proſpective danger of 
allowing colonies to build ſhips for their mother 
country, Dr. D' Avenant remonſt rated in 1698: 
If we ſhould go to cultivate among the Ame - 
rican plantations the art of navigation and teach 
them to have a naval force, they may ſet up for 
themſelves and make the greateſt part of our Welt- 
India trade precarious ; beſides many other evils, 
in encouraging them to do ſo, it would carry from 
hence a great number of artificers, which in caſe 
of a war would be wanting in England.” Of that 
prophecy we have lived alas! to ſee the fulfilment. 
But, writers wrote then, as writers write now, 
without much effect on public councils. 


During 


i I 

During the wars of Anne the Parllament en- 
couraged the Coloniſts to execute thoſe very nauti- 
cal projects, which thoſe two able ſtateſmen had 
ſhewn to be abſurdly dangerous. The ſhipwrights 
ol the River came up to Whitehall, in 1725, with 
a complaint, that their buſineſs declined and their 
workmen emigrated, becauſe the plantations fur- 


niſhed England with ſhips. Their petition was re- 
ferred to the lawyers : But, the lawyers anſwered, 


they might as well complain of ſhipbuilding at 


| Briſtol ; for the American built ſhips were Eng- 
liſh. The anſwer of the lawyers was ſent to the 
Board of Trade for their advice : And they ad- 
viſed, To lay a duty of five ſhillings a ton on all 
American built veſſels, which ſbould be employed 
in the foreign trade of Britain.“ The Miniſters did 
nothing in the end. And the ſhipwrights remained 
quiet, though they found their complaints to be 
unavailing, becauſe faQion did not mingle in their 
grievances. Thoſe who look below the ſurface of 


public affairs, as they run down the current of 


time, will not be ſurprized, when they are told: 
That neither the lawyers, the. Board of Trade, the - 


| Miniſters, nor the carpenters, knew the true 
ground of the grievance, which conſiſted in this: 
The plantation built ſhips were admitted into the 
ports of Britain with all the exemptions of Britiſh ; 


but, the Britiſh built ſhips, when they arrived 
in the Colonies, were liable to tonnage duties 


and to other taxes from which their own veſſels 


were altogether exempted. And thus the Colony 


carpenters enjoyed a double monopoly againſt 
5 the 


2%. & ws 
the Britiſh ſhipwrights. "The Colony carpenters 
entered into free competition with the Britiſh 
ſhipwrights in all the dominions of the Crown 
and even beyond them; while the Britiſh ſhip- 

wrights chuld enter into no competition with the 
Colony Carpenters, in their own ports. And we 
| have ſeen the melancholy effects, which had flowed 
from the fountain of thoſe ae wen the epoch 
of the civil war. 

The independence of the United States has hap- 
pily freed the empire from the evil, for which the 
Maniſters of George the Firſt could find no remedy, 
however much it diſtreſſed one of the moſt im- 
portant of our induſtrious claſſes. Yet, is it pro- 
poſed to introduce this embarraſſing evil anew, 
And it is preſſed on the public upon pretexts as un- 
true in fact, as they are unphiloſophical in prin- 
ciple : That we have not capital enough; that we 
have not ſufficient materials; that to exhauſt the 
timber of the kingdom which is proper for large 
ſhips would at leaſt be impolitic; and that to build 
veſſels with imported timber will never anſwer: 
But, it is admitted, hat the demand for a new 
ſtock of ſhips will be gradual, as the American 
ſhips and the late tranſports wear out. 

It is an incontrovertible anſwer to all thoſe ob- 
i jections, that the inconvenience is gradually to ap- 
proach, which will furniſh opportunities enow to 
provide ſufficient relief. We ſhall want capital 
indeed, if we allow the merchants of London and 
Briſtol, of Liverpool and Glaſgow, to do now what 
they formerly did, to fend agents and money to 

ere Out 


un Þ 


our remaining colonies, or to the United States, to 
build ſhips for our foreign trade. The laws, ag 
they now operate, (provided no alteration is made) 
will force our traders to employ that capital, which 
formerly enriched the induſtrious claſſes in the now 
United States, to give employment and food to the 
real Britiſh ſhabje&s, who reſide on the Creeks of 
Wales and Rivers. of Scotland. At the obſcure 
ports of Wales (a country which abounds with ex- 
cellent timber for ſhipbuilding) many ſhips have 
been built, during the war, as we may learn from 
Lloyd's Regiſter itſelf. And ſince the peace, ſhip 
timber has been found in commodious parts of 
Scotland, where trees were ſuppoſed never to have 
grown. By thus excluding American competitors 
we ſhall augment the race of ſhipwrights and the 
public as well as private intereſts will be promoted, 
by introducing gradually from Scotland and Wales, 
competitors even into the Thames, by means of 
their cheaper fabricks. It was owing to a ſimilar 
competition among the Dutch, who by appro- 
priating the foreſts of woodier countries, build ſuch. 
a multitude of ſhips ; and who are thereby enabled 
to carry the products of the earth at lower freights 
than any people in Europe. The foregoing con- 
ſiderations, with regard to this intereſting part of 
our domeſtic œconomy, will induce (as we may 
reaſonably hope) the wiſe government of the iſland. 
of ſhips to remove the taxes, which are payable on 
the i import of naval ſtores of every kind, ſince they 

"_ | 


[ 112 1 
dgbe e be ſurely deemed the ra th ol che 
woſt important of our manufattures “. Rs 


®.I6 may be agreeable to men of buſineſs, as well as to men 


of ſpeculation, to be informed of the preſent rates of ſhip. 


building, in the Southern harbours of England; as they 
were communicated by an intelligent perſon, who made a 


tour with a view to diſcover the ſhip-yard, the cheapeſt and 


beſt. , , * 1 | N 
In the River and BAITIen CHANNEL: 


1 At Graveſend, Broad Stairs, Dover, and 


Folkſio ne, — (L. © o per ton. 


At Hurſtake, Cowes, Southampton, 


Weymouth, Tingmouth, Bridport, 

Topſham, Shorham, Dartmouth and 

Cawſand, — 7.7 o © to 7 10 0 
In the BAIsToT CnannxgL. (Engliſh fide.) 


At Biddeford and Barnſtable, — 6 10 0 


In the Br1sTOL Channet, (Wales) 


| At Newenham, Gatecomb, Chepſtow, 


Newport, Hyth, and Swanſey, 6 10 O0 to 7 10 0 
For thoſe prices the workmen engage to compleat the hall 
with joiner's work, carved work, and the work of painters, 


glaziers, &c. without any extra charge. All thoſe ſhip-yards 


(and indeed all the ſhip yards of the kingdom) have been 


full of employment, ſince the peace. It is this fulneſs which 
_ eres many other ſhip· yards. And it is the eſtabliſhment of 


zew ſhip-yards, which, by means of competition, reduces the 


price of manufacture to the loweſt poſſible point. We are 
told, © That the ſhip-builders of New-England will con- 
tract to build ſhips at C. 3 ſterl. per ton, including the joiner's 
work.“ If an American built ſhip will laſt ven years and a 


Britiſh built ſhip z7aventy-one ; why then the Britiſh ſhip- 


building will prove cheapeſt at laſt, On ſuch occaſions it is 


not worth while to diſpute about Fartbings. Even after the 
American built ſhips had arrived in the Thames they uſed 


to require expenſive additional Joiners work, &c. on ae. 
hull, 


Fe” 
But, let us return to the propoſed meaſure bf 
ſupplying the Britiſh Weſt Indies with lumber, 
whence we have wandered wide, in -anfwer to ob- 
jections of no little weight · For, it had been vain 
to propoſe the furniſh ing of our Weſt Indies with 
lumber from our own ports, if we have not a ſuf- 
ficiency of ſhipping. The requiſite lumber may 
be divided into two kinds; that which is d-manded 

by the builder; and that which is required by the 
cooper; and it is intended to difcuſs briefly each 
ok them in its order. It is underſtood that the 
larger pieces, which are required for the conſtruc- 
tion of mills and for ſimilar purpoſes, are found 
on the plantations, where timber, cloſe of grain 
and difficult of manufaQure, grows in great abun- 
dance: It is conſequently the lighter ſcantlings and 
boards, which planters import from afar. And 
they may find men enow in London, who will 
contract to ſupply them from the Baltic on the 
{allowing terms; 'Y 


* 
* 


| [114 ] 
One ton, or 40 cubic feet, of fir timber, 
will be deltvered in the T THY, 


during peace, alt — A Git $250 


The ſawing of one ton, by hnod; ſuppoſ- 
ing four cuts to be made, which will 


produce nine ſcantlings, will coſt 0 1 


The freight of one ton to the Weſt 
Indies, conſidering how many ladings 
are wanted, may be deemed cd at o 18 0 


— 77 


vn 


1 10 10 


Charge of loading and unloading — 0 2 6 


— — 


2 


But, dedutt the FOR on hapert, on the 


ſuppoſition that it is drawn back 0 23 f A 


| The colt of delivering one ton in the | 
Welt Indie ——ʃ 2 10 8 
Deals at 12 feet long 14 inch thick, 
and 120 in number will be equally 


delivered in the Thames, at £7 10 0 
Charge of loading and unloading  ©o 3 0 
Freight of 120 to the Weſt Indies — 2 o 0 

i „ £9 13 0 
But, deduct the Cuſtom-houſe duty, 
Which is the ſame on 120 deals of 
3 inches thick, and 20 feet long 2:18: 0: 


Coſt of 120 deals in the Weſt. Indies 8 0 


— A. 4 


Somethi ng 


Bw g. = = 


F 13 9 | 


© 3s 1 | 
Something doubtleſs would be ad were : the 
ſhips permitted to fail directly from the place of 
loading to the Weſt-Indies: But, the giving of 
that indulgence would open a very large door. If 
a regard to our domeſtic quiet would permit us 
to erect ſaw mulls; to be worked either by wind, or 
vater, or ſteam, the Weſt- Indians might be ſupplied 

ill cheaper: And were we in ſuperaddition to that 

great facility to allow all duties on import to be 

regularly drawn back, which is -altogether con- 
ſiſtent with our modern policy, we might furniſh the 
markets of Spain and Portugal with thoſe bulky 
articles, which are ſent them at preſent by the 

Dutch, who fetch them from Norway and the 

Baltic. During the reign of Anne we firſt gave 
bounties to our Coloniſts, for ſupplying us with 

naval ſtores and wood, that we might not be de- 

pendent on Denmark and Sweden: The time is 
now come, when the Americans may force us by 
their ingratitude to give bounties to Denmark and 

Sweden, that we may be independent of the United 

States. -Such are the revolutions of the world: 

It is the buſineſs of wiſe men to make the moſt of 
them as the world rolls on: Such is the conſe- 
quence of conſtantly running into extremes: We 
favoured and encouraged our colony commerce; 

we debilitated other branches of traffic, by with- 

drawing capital and inveſting it ia our Plantation 
trade; till the extent of our colony commerce 

became a deplorable evil. We all remember how _ 
* mM manufacturers uſed to be nen by 


* the 


- — 
8 * 
5 5 . . 
. n — 1 e 3 
F 7 : 1 wn * . 0 - EI i - 2 5 bo 

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rs as ry 4346331 — m RI" 1 — : 

** —— 2 —ñ—h coats , * , n 5 1 * 5 Gs ro RE CL VE man ee Ws rs 4 9 9 
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- 18 1 


{ 736 ] 

the non-importation agreements of late times: We 
are again bullied by threats of the loſs of a preat 
and neceſſary market for our manufactures. Let 
us ſhew the United States, by the firmneſs of our 
conduct, that we can ſupply the Weſt- Indies in- 
dependent of them; that we ſhall conſider every 
tax laid by the American Aſſemblies on the im- 
portation of Britiſh manufactures, as a deſirable 
meaſure, for leſſening the evil, of which we com- 
plained, and the encreaſe of which we _p find . 
_ to lament, 

We onght to learn "ap the New Englanden 
and even from the French how to form thoſe mif- 
cellaneous cargoes, which are fo commodious to the 
| Weſt-India buyer as well as to the Britiſh ſeller. 
We might ballaſt our Weſt-India ſhips with ſlate 
and tiles for the coverings of houſes. The lower 

hold might be filled with beef and other ſalted 
proviſions. The flour, meal, peaſe, beans, oats, 
oughtt all to be packed in puncheons ready prepared 
for the filling of rum: The tightneſs of ſuch 
packages would long preſerve thoſe periſhable arti- 
cles in a ſultry climate, by excluding the cauſes of 
corruption. Rum puncheons, that ſhould be ſent 
as packages, without the payment of freight, might 
be afforded at 25s. each; which is as cheap as 
could reaſonably be wiſhed for. A thouſand other 
articles might in-the ſame frugal manner be ſent to 

the Weſt-Indies for ſupplying their wants. They 
furniſu themſelves N which is eaſily con- 
verted 


[ 7 1 
verted into hogſheads for aber! Where chis re- 
ſource failed they might make very good packages 


for ſugar from deals of Norway. Let nd man 
deride this Datch cconomy. It is ſurely the duty 


of the Legiſlature to check magnificent projects of 


commerce and unfrugal opperations in ſhipping ; 
where that ſalutary meaſure may be eaſily exe- 


cuted, by remaining inactive and filent, notwith- 


ſtanding the efforts of viſionary theoriſts, or: the 
clamours of intereſted coloniſts. And it ought to 


be conſtantly remembered, that the frugality of the 
French, from the peer to the peaſant, will ulti- 


mately degrade the greatneſs of Britain; if the 


molt rigid ceconomy is not obſerved in our modes 


of life, the working of our manufaQtures, the 
tranſactions of our commerce, the regulation of 


our Colonies, as well as in the adminiſtration of 


our Government. 
While a- ſpirit of Sr FAT prevails” in 


trading nation, ſays the profound Sir James . 


it may reſt aſſured than in as far as it excells the 
communities with whom it correſponds in this 
particular, ſo far will it increaſe the proportion of 
us wealth, power and fuperiority over them. To 


gain theſe great objects in modern times, a prudent 
legiſlator muſt inſpire his people with a ſpirit 


of emulation, in the exerciſe of temperance, 
economy and an application to labour and inge- 


nuity. It was with a view to theſe ſalutary ob- 
jeQs, that it was anxiouſly urged to extend the 
manufacture of ſhip 3 in Britain; that it was 
_ 


lately propoſed to enlarge the buſineſs of coopers, 
by furniſhing the Welt Indies with ready made 
caſks. For, it was recollected, that the fitting of 
our fleets had been retarded, by the combination 
of carpenters, at the. commencement of the late 
war; that both public and private bodies had been 
obſtructed, by ſimilar agreements among the 
coopers; at a time too when the journeymen 
coopers on the Thames were receiving for their 
labour fifteen ſhillings a day, without having rai. 
ment for themſelves or ſhelter for their wives. 
When a body of troops were ſent from the Clyde, 
in 1776, Scotland could not furniſh coopers enor 
to anſwer the ſpeedy demand for packages, though 
Raves abounded : And the intelligent and active 
men, who were intruſted with the victualling of 
that body of troops, collected coopers from the 
moſt diſtant parts of England. An armament then 
may be delayed or even defeated, amid the prel- 
ſures of war, by the paucity, or the combination 
of coopers, which may be produced equally by 
the incitement of our factions, or by the money of 
our foes. But, combinations can only be pre- 
vented by augmenting the numbers of the defec- 
tive claſſes: The augmentation of numbers can 
alone be gained by additional employments: And 
thus combinations among tradeſmen may be pre- 
vented, or beat down, by raiſing up many compe- 
titors among the extravagant workmen, wholeſervices 
are wanted the moſt, both in peace and war. It 
is aer wiſer to. guard by foreſight againſt public 
_ 


” 


Ln 1. 


| alappointmments, than to FE Tl our 1 by 
E the downfall of a Miniſter, who may have been 
merely unable, from the paucity or combination, 
of coopers, carpenters and ſailors, to execute a 
meaſure without the reach of poſſibility. „ 
But in oppoſition to the propoſed meaſure of 
Gln the Welt Indians with lumber from the 
ports « of Britain, which has been ſhewn to be a 
recurrence only to the firſt. principle of coloniza- 
tion, we ſhall be confidently: told: That then 
che ſugar would not be worth to the grower the ex- 
pence of raiſing it.“ Let us firſt admit the fact to 
be true; and ſecondly enquire, what would. be 
the diſadvantage to Great Britain. Is it the 
intereſt of Britain that Britiſh ſubjetts ſhould 
poſſeſs eſtates, of the boaſted value of fifty millions, 
which, while ſituated in another hemiſphere, are 
more profitable to the owners than eſtates within 
the kingdom ? Is it the intereſt of any country, 
that the attention of its people ſhould be con- 
ſtandy fixed upon a richer world ? From fad. ex- 
perience Spain will anſwer; it is not. Or, is it the 
peculiar intereſt of Britain, conſidering her pre- 
lent circumſtances, to turn the whole energy of her 
opulent and induſtrious claſſes upon herſelf, with a 
view to domeſtic employments : and national melia- 
rations. It ſurely is. But, it is further urged, that 
by having beyond an extenſive ocean, ſettlements | 
Which muſt occupy our people in the ſupplying 
them, and which require many ſhips to bring their 
e away, the che tranſatlantic e become 
thus 


Lc -1 
thus more advantageous to the State, than if they 
were placed in the circumjacent ſeas. Be it (9, 
Yet, if the ſupply and the freights are relinquiſh. 
ed by Britain, what will remain as compenſa- 
tions for the irreparable diminution of her induf. 
trious people and the vaſt expence of defend- 
ing diſtant dominions, which are impotent in them- 
ſelves and yield no revenue or reſource ? 5 
If an accidental ſcarcity ſhould induce the Weſt 
Indians to appply to the neutral iflands, in their 
neighbourhood, for what they may want; if ava. 
rice ſhould induce them to continue a practice, 
which accident began ; Great Britain would be 
thereby driven to the dilemma of either depriving 
the Weſt Indies of veſſels proper for ſuch a traffic; 
or of declaring them independent. If the Weſt 
Indians expect protection from Great Britain, 
they muſt ſtudy to be uſeful to her. 
3. But, while the uſefulneſs of the Britiſh Weſt- 
Indies continues, they thereby merit (and thereby 
alone merit) every aid and every facility which 
Great-Baitain can give, conſiſtent with her naval 
policy and domeflic in: ereſts. The United States fur- 
niſhed formerly an extenſive market for the pe- 
culiar products of the Britiſh Weſt Indies, as thoſe 
offered conſtant markets for much of the produc 
tions of the United States; who without the Weſt 
Indies would not eaſily find places of fale for all 
the ſurpluſes of an extenſive agriculture. Thus 
were they mutually advan'azeous to each other, 
though it may be eaſily proved, that the balance of 
—_ ES benefits 


- 


11 


benefits ſtood on the | fide of the revolted Colo. 
nies: And thus may we ſee, that it would be 
inconvenient to both to loſe the gainful cuſtom of 


each other; though the greateſt gain may be 


be bought at too high a price. Rum was the ar- 
ticle of chief demand of the one and ſupply of the 
other: And rum is the bewitching commodity, for 


which, if the United States, by changing the nature 
of their palates, ſhould refuſe to conſume, it would 


be very difficult to find an adequate market. This 
unfortunate truth we may learn from the foll owing 5 
Cuſtom-houſe entries: There were imported into 


the now United States from the Weſt Indies; 
In 1770 — 3250, 060 gallons 
71 — 2, 180,60 
72 — 3,332,750 


79 — . 
Annual 6 2953042, 


This was doubtleſs a large quantity ; 3 which 


however was not all conſumed in the country; 

ſince much was again exported, by means of a cir- 

| cuitous commerce. We may guels, rather than in- 
fer, the real extent of the conſumption, by deducting 5 


the amount of the quantity ſent out, from the num- 
ber of gallons, which we have ſeen already brought 
in from the Britiſh Welt Indies. By attending to 
the following detail we hall, diſcover the genuine 


meaſure of each particular country” 8 98 from 5 


the American * 


. 


£ 
2 
$ 
| 
| 
| 


122 


[ 


To Britain 


Ireland — 


_— 


* 


South cf Pe, &c. 


Africa | 
Weſt Indies, 


Main, Kc. 8 


- 


' Spaniſh 


Nova Scotia, Canada 
and Newfoundland, 


| 


5 Average of annual export 1,041, 1 49. 


"Roar EXPORTED from the Win Srar Es: N 
| 1-70 5 1771. 1772 | 1 
[Weſt Ind. i 5 Eng. a Ind 12 Eng. Weſt Ind. New Bog Weſt FS 26 Eng. 
3 Gallons, ._. Gallons, SGallons. Gallons. 
36, 632| 600] 4,015| 3,602 4,074 | 4172 10,963 961 
10,704 7,931 | 4,875 4.560 20, 259 1,815 23,250 1,240 
| 9,251] 45.310 |: 2,140| 38,962 640 37,914| 6,688 68, 412 
|  |292,966| 1201234,317| 9,832 371,334 530 419,366 
1,020] 2,574 860 | 5151 15913 6,115 | 2,078 12,057 
$2,712 590,748 36, 873 [550.514 | 47,736| 520,525 | 50,716] 608,025 
... ̃ ͤ ! — ͤ— —- 1 
110,319 940,129 | 48,883 837,106 85, 056| 937,820|94,225| 1,110,061 


2 


l 123 } 

Such is the view which the Cuſtom-houſe en- 
tries exhibit of the vaſt commerce of Rum; yet, 
were there doubtlels conſiderable quantities, both 
imported. and lent out, of which there were no 
regular reports. The provincial duty in Ca- 


nada gave riſe there, as taxes have done in more 


vigilant governments, to the frauds of ſmuggling, : 
to no {mall extent. It is known, that the New- 


Englanders applied the fiſhers of Newfoundland 
with many hogſheads of that exhilerating ſpirit, 
which were not entered at the Cuſtom-houfe. It 
is equally certain, that the New-F nglanders uſed 


to ſmuggle the rum of their own diſtilleries, in 


abundance, together with ſmall quantities of Weſt- 


India, into the Orkney and Shetland iſlands, and 
upon the ſhores of Wales. It is ſurely no inconfi- 
derable advantage, which the wiſdom of our coun- 


cils may draw from the independence of the United 
States, that the Britiſh Weſt Indies will now enjoy 
the ſole ſupply of ſo great a demand, as the con- 


ſumption of Nova Scotia, Canada and Newfound- 
land; which with the augmentation of the people 
and their power to conſume muſt grow daily | 
greater: And, in fact, the ſupplies of the United 
States were no ſooner ſtopped than rum was ſent 


in exuberance to all thoſe ſettlements from the Weſt 


Indies and even from Britain. Ihe Weſt Indies, 


or perhaps the Britiſh diſtilleries, will now profit 


from furniſhing our African factories with no in- 


conſiderable quantity of a liquor, which the Afri- 
KN 5 cas, 


o 
x . ? 
* 2 . 
* 8 _ „ „ * * e 
- , 4 ” " p ET IO NINE HE CRE LEECH Gu ent L * 
1 IT N — 0eD —_ 8 7 . — 7 8 3 3 a — * — : —— — N : 
g 1 — n | ; _— 2 ah Pg 8 = pen deter Foes 8 1 * ** „ ry 2 — ws, , n ————— - — — * : = i 
. n Ra — LES 2 4 2 Arp Eg : 5 228 * 2-295 Pg ga = 8 - N — * * 8 1 22 - ” 4 tex $237 . 
* 2 r * 2 * ——— 4 n — 2 E 1 — . . A - 2 * 0 —— — 2 8 — — 0 —— * — — 
— * — 2 CY — — - : - __ . — : on 2 — —— Y 1 d — = N ————— 
1 4 p P : * * An apo ” — —— * 8 om” 5 = - 5 4 f Shs _ — * 5 An — 6 5 — 8 * I CER FS 
$ * 2 _- _ : "5 c _— _ a — a — 2 5 ä — — — hy 
has neg tO» OL — N WE = . 2 ” —— CONES rr or = * q — Act (SPP : 
4 PH ang. Be ore nr 8 * 5 7 — L ͤͤ rr T —˙—· ciannr”, is > LS — je Rel . . 8 * 
ee * 2 — — _— * reren * IT D — —_ 1 * . . * 


. _— — 


2 1 
* 
— — 
2 &- > * 
— — 3 


2 — 
2 3 
3 © 7 


„ 5 3 R » 
yr —* — — — . — — 7 §·ũñ 
- 1 A ” a — 1 1 << 
CO 4 a * . - 0 x ' aw . 


( 124 J 


cans, with the rage of every uncivilized people, 
prize beyond gold itſelt. 5 
But a market for many gallons muſt ds 
bs found, if the anger of the United States ſhould 
prove too powerful for their deſires of gratification, 
The conſumption of Weſt-India products by the 
Iriſh has rapidly encreaſed with the accumula- 
tions of their number and wealth : And this truth 
we may infer from the ſubjoined detail F, 
The annual conſumption, according t 0 a ſeven 
years average, ending 


| Rum Gal. 2 "Thi Suave Ont. 
with 1763, was 543,717 — 0 
. 1770 ' 1,658,099, — 138,846 
1777 1,729,652 — 196,500 


We may thence reaſonably preſume, that Jre- 
land, having now gained a free trade with the 
world and a dire@ trade to the Weſt-Indies, mult 


conſume greater quantities of both thoſe articles, in 


proportion as ſhe happily enjoys greater bleſſings. 
Amopg the numerous improvements, in finance 
and in commerce, which Britain is preparing to 
make, under the influence of a mind of great ex- 
tent and energy, we may preſume, that the traffic 
of rum will be extended, either by lowering the 
duties, by changing the mode of collection, or 
above all, by ſuppreſſing the frauds of the ſmuggler. 
Every grievance of which the Weſt- Indies have 
lately complained has ariſen not from actual ſut- 
fering, 


From the Appendix of Mr. A. Voung's Tour in Ireland. 


( ws J 


fering,” but from mere ſpeculation. . The demand 


for all their products has been great, ſince the 


peace, and the price has continued high. in pro- 
portion. The Weſt - Indians have not much to 


fear from the threats of the United States: For, 


though their J Congreſs may poſlibly reſolve, 2 yet | 


their citizens will continue even afterwards to 
ſmuggle, as they formerly did: They ſmuggled 
_ Britiſh manufactures, from Holland and New- 


York, during a rancorbus war: They now ſmuggle. 
their flour into the Havannah, in the face of im- 


priſonment and death. For the ſugar, molaſſes, 


and other Weſt India products, it will not be dif- 


ficult to find adequate matkets, by means of the 
vaſt circle of the Britiſh trade with the world. 


And thus much with regard to the manner in 


which the Weſt-Indies have been hitherto affected, 
or are likely to be affected, by the recent, —_— 
tions of the Privy Council. 


Sudden changes in the 8 . of 
ſuch a nation as Britain, whoſe affairs. become 
daily more complex, from the claſh of different in- 


tereſts, ought to be regarded with anxiety and 


prevented with care. With what dread was the 
threatened annihilation of our American trade by 


the Congreſs, in 1774, viewed by the boldeſt of 
our Stateſmen, wh5 thought they ſaw the whole ma- 
nufacturers of England already arrived at Whitehall. 
Yet, never did an event, which threatened ſuch 


devaſtations in its courſe, pals away with ſo little 


miſchief and ſo much filence, becauſe its effects 


were unfelt. And in proportion as it added to 


our 


[126 J 
our ſock of experience, it conferred many benefits 
on the nation, which that memorable meaſure was 
intended to ruin. Though we have thus acquired 

an indubitable privilege to be confident we can 
have no right to relinquiſh our prudence and our 
caution. It is impoſſible to foreſee all the com- 
mercial difficulties, which may ſtill ariſe, though 
none have been hitherto felt, from the indepen- 
dence of the United States. And it is ſurely wiſe, 
though we have learned to think little of American 
threats, to enquire what conſequences, either good 
or evil, would reſult to the general commerce and 
navigation of Britain, from the admiſſion of Ame- 
rican ſhips into the Britiſh Weſt-Indies, 5 
Great-Britain from a regard to her ſafety has 
long excluded the ſhips of aliens from carrying on 
ber trade from port to port, on her ſhores, and 
from Britain to Guernſey and the other circum- 
jacent iſlands. The coaſt-trade, next to our in- 
ternal traffic, merits the greateſt encouragement, 
becauſe the ſailors employed in it are molt within 
call, by returning moſt frequently into domeſtic har- 
bours. And owing to the exclufion of foreigners, 
the ſhips, which were employed before the revolt 
in the coaf? trade, were to the ſhips engaged in the 
foreign commerce of England, as 220,000 tons are 
to $35,000, excluſive of repeated voyages. If the 
ſhores of the Britiſh Weſt-Indies may be regarded 
as the coaſts of the empire, though not of the 
realm, their navigation ought to be conſidered as 


within the meaning, if not within the letter of the 
law, 


E 


law. And the admiſſion of the American veſſels, 
either great or ſmall, into the Weſt- India ports 
would amount, in effect, to the impolicy of allow- 
ing the Dutch to carry coals from Newcaſtle to 
London. | 

The regulation of the Statute of Check I *, 
whereby alien ſhips were excluded from the trade 
of our coaſts, aroſe from three eſſential principles; 
Iſtly. It preſerved the profit of freights to the na- 
tion individually; 2dly. By forming a nurſery of 
ſeamen it contributed to the ſafety of the people 


colleQively ;—3dly. By preventing aliens from 
knowing accurately our harbours and our bays 


with the thoals and-the rocks, which obſtru& the © 


approach of an unſkilful enemy, that circumſtance 
alone contributes to augment the thouſand advan- 


tages, which reſult in war, from the ignorance of 


the foe, Of all theſe in their order, as they apply 


to the admiſſion of the American veſſels into the 


Britiſh Weſt-Indies. 


iſt. The profit of "MEA is of greater im- 


portance to Britain than the mines of Potoſi are 


to Spain, becauſe the one ſtrengthens, while the 


others enfeeble the unhappy nation to which they 
belong. Whence may we infer of how much ad- 
vantage it is to preſerve and extend the navigation 
of the Weſt-Indies, which, from the bulkineſs of 
their RY "_ * ſupplies, —_— many 


* 12 Cha. II. Chap. 18, Sec. 6. But, this ſalutary re- 


gulation was firſt eſtabliſhed in the wiſer reign of Elizabeth, 
bys * 1 5. Sec. 8. 


ſhips. 


( 128 ] 


ſhips. There were engaged in the traffic between 
the United States and the Britiſh Weſt-Indies, im. 
mediately preceding the revolt, no fewer than 
1610 veſſels (including repeated entries) which 
bore 113,634 tons; which were navigated by 
9718 men; and which tranſported the vaſt Ame- 
rican cargo of the value of half a million: And 


this intercourſe the Weſt-India Committee aſſure 


us, was carried on almoſt i in American 
bottoms.“ 

8 men have calculated the value of thoſe 
freights in various ways: Say they, lumber, being 
of little worth, in proportion to its bulk, and oc- 
cupying two thirds of the tonnage outwards, was 
carried at the high rate of a hundred per cent. on 
the original coſt, while the freight of proviſions, 
cumberſome as they are, amounted to nearly as 
much. To theſe data the Committee have added 

their teſtimony, by remarking, © that the Ame - 
rican veſſels brought their bulky commodities to 
our conſumption at perhaps the cheapeſt rate po- 

fible, but ſtill the expence of is tranſportation exceeded 
its original value. But, it is propoſed, as a mode of 
calculation, more accurate and ſpecific, to allow 
45 fer cent. on the value of the outward cargo of 
C. 500,000, including the accuſtomed charges of 
wages, intereſt, tear, and wear, and proviſions, 

and then the freight would amount to C. 225,000 
to charge five per cent. on the value of the in- 
ward cargo. to the United States, amounting to 


| £499,000, and the freight inwards would be 
4 20,000 : 5 


0 129 7 


£ 20,000: And the reſult of both wuſt neceſſar ly 
be L. 245%. The ſame ingenious men more- 
orer inſiſt from actual trial, that were the freights 
calculated upon the tonnage in the accuſtomed 
mode, the deduction would be nearly the lame. » 
If the value of thoſe freights ſhouffd amount to 
nearly that annual ſum, it cannot ſurely admit of 
a queſtion, whether fo large an yearly profit ought 
to be relinquiſhed to aliens, or preſerved to ſub- 
jects: In the one caſe it would augment the wealth 
of rivals: in the other it would {well the ſtocks of 
friends. . | l . 
If contrary to our genuine intereſts we ſhould 
allow the American citizens the freights, amount- 
ing thus to C. 248, ooo a year, they would carry off ; 
that conſiderable ſum in bullion, fince the balance 
on the general payments is much in their favour : _ 
If, on the contrary, the freights ſhould be paid to 
Britiſh fhip-owners they would naturally inveſt the 
amount in trade, by purchaſing the products of the 
country. Were the American veſſels admitted, 
the American citizens would not only carry off the 
freights in bullion, but, they would gain the profit 
on the cargo: By excluding our rivals, Britiſh ſub- 
jects, who ſuſtain the Britiſh Government, will natu- 
rally gain both, with the factorage and other profits. 
If the good ſenſe of the nation ſhduld decide, (and 


it generally decides right at laſt) that Britiſh veſſels . 


ſhall alone carry on that extenſive trade, it: muſ con- 
ſequently follow, that a proportional quantity of 
n mult always be found. Of the am6urit 
9 that 


— Pò]ͤ“ ²̃ Tv ··;̃ ̃ Sans oa — 


L 1 
that ſupply we may determine from the ſubjoined 
„ Account of the number of veſſels, their ton. 
nage and men, which were employed in trading 
between the revolted Colonies and the Britiſh Weſt 
Indies, according to a three years average ending 


with 1773, and — each veſſel but once every 
year: 


Ships. Toms. Men. 

„%% ng 533 38,544 3339 
To which may be properlß | 
added one half for other 
American-owned veſlels,- 
which were employed in 
the Honduras and other 


branches of Weſt- India = ek 
trade . 19,272 1669 


799 57.86 gool 


—— 


—— 


It has been ſhewn, that Britain can furniſh, this 
number of veſſels, great as it is; that Britain ougnt 
in good policy to build them. Of the ſagacious 
cconomy of Holland, which imports the materials 
of ſbip building, it is ſaid, that were the innumerable 
buſſes, which are annually employed in fiſhing, 
to return without any ſucceſs, the community 

would be greatly benefitted, by the gains that had 
accrugd to the numerous claſſes, who had been 

concerned in the original outfit. And the land- 
owners of Britain would derive no leſs advantage 
N from 


1 131 ] 

from the ſale of their timber chan from the con- 
ſumption of the various workmen, who muſt be 
neceffarily engaged in the fitting of ſhips : While 
the land owners are thus benefitted, by furniſhing 
materials and food, the manufacturers of cloth will 
derive as great an advantage from the ſupplying of 
raimant. It was owing to theſe conſiderations, 
that Sir Joſiah Child remarked upwards of a cen- 
tury ago: Where much ſhipping is employed 
whatever becomes of the merchant, who drives the 
trade, multitudes of people will be certain gainers; 
as his Majeſty and his officers of cuſtom, beſides, 
ſhipwrights, butchers, brewers, bakers, rope - 
makers, porters, ſeamen, manufacturers, carmen, 
lightermeu, and all other artificers, who depend 

on trade and ſhipping; which indeed, more or ts, 
the whole kingdom doth.” p 
Of the ſeven hundred ſhips, (to write in round 
im); do" were requiſite to tranſport the 
Weſt India products to Britain, we have ſeen one 
half of them ſailing thither without a freight. It 
is now apparent that the late regulations have given 

| thoſe ſhips two chances for freights, where they had 

not formerly one: 1ſtly, The excluſion of the Ame- 
rican ſhips will furniſh them with direct loadings of 

lumber and. proviſions for the Britiſh Weſt-indies; | 

2dly, The owners may chooſe to carry a cargo of 
dry goods { as the finer. manufactures are called; for 
the ports of the United States; and to tranſport 
thence a loading of lumber and proviftions : This 
operation would form a circuitous voyage, which 
TY a ol 


L 1327 1 


of all others are the moſt profitable; becauſe: ſome. 
thing is gained by every loading. It is apparent 
ho much the export of our manufactures would 
be thus promoted, by carrying them at the ſmalleſt 
poſſible freight: Britiſn veſſels have actually en- 
tered into competition with the American, ſince the 
peace, in this buſineſs, and even carried away the 
cargoes from them, by under-bidding them on 
Change. zdly, If the Congreſs ſhould prohibit, 
or obſtruct, this circuitous tranſportation, Britiſh 
ſhips would notwithſtanding have one option more, 
by excluding the American ſhips from the Welt- 
India ports: They might call at Corke for ſalted 
proviſions; they might touch on the Barbary 
coaſt for mules and ſheep; they might viſit the 
Cape de Verd's for corn and cattle: And they 
might in ſuperaddition carry a cargo to Gibraltar, 
or the Streights, to Portugal, or the Canaries. All 
this is polſible; and all this by proper manage 
ment might be made extremely gainful, were the 
minuteneſs of our diligence equal to the great ex- 
tent of our capitals, In this manner is the com 
munity benefitted by the profit of freights, with the 
attendant faQtcrage ; which, by adding gradually 
accumulation to accumulation, imperceptibly {wells 
the commercial ſtocks of the kingdom. 
. Bat, to thoſe ſalutary meaſures it has been outly 
ö objetted by tae Weſt - Iudia Committee, that the 
veſſels uſually employed in that traffic are too large 
and come too ſeldom; ſo that their operations 
would Poon either an overſtock, by the quantity 
which 


133 


which they uſualhy a ie by the delay | 
of their arrival : And to avoid theſe difficulties, 


great in appearance, though none in reality, it is pro- 


poſed to admit the American veſſels of the ſmaller | 


ſize, carrying fifty tons and under. But, if the fre- 


quent return of little ſhips are as eſſential to the _ 


domeſtic ſupply of the Britiſh Weſt- Indies, as 
pedlars are to Poland, they ought to look for ſab- 
flitutes, if they cannot get the principals. | And he 
who e inquires ſeldom miſſes his g genuine 


object. The Fermudeans are the Dutch of the 


American world, who fetch from the North what 
the South may require, and who carry the luxuries 


of the South to gratify the palates of the North. 
They were engaged in thts gainful-buſineſs by their 
fituation, placed as they happily- are in the center, 


between the American Continent and the American 


Iſlands; and they were driven to it by their necellij- 


ties, ſettled as they are on a barren rock, which di- 
ligence alone can fructify. And the Bermudeans 
annually employed in the Welt: India trade alone, 
at the commencement of the civil war, upwards of 
one hundred and thirty quick ſailing ſloops, which 
carried about four thouſand tons *: And of theſe 
admirable veſſels they were accuſtomed to-baild: 
every year from 43 to 30 of the cedars , which, 


ſpring up luxuriantly amid a waſte: of rocks. In: 
thoſe veliels the Bermudeans uſed formerly to-ſend 
the Weſt-Indies, Britiſh and foreign, the follow- 


P ” InſpeQor General's | , . 


FE 134 1] 


ing commodities, wherever 7 wy have found 
„ F 


Provistons. 
Of Indian corn —— 3>600 buſhets. 
ams — — 16,880 lbs. 
Peaſe and beans — . 600 buſhels, 
Rice — — 18, 720 barrels, 
Onions — 151,000 ropes, 
Poultry j — 741 doz. 


hn CA —— . 


- Loxann.- Ciba. 
of ook 3 and plank 3, oo feet. 
Pine ditto — 152,653 do. 
Clapboards — 3.170 no. 
Hoops — — 6 FO no. 
Shingles — 229, ooo no. 
Staves — — 28.900 no. 


. 2 7 K 


3 7 #* es TT. 
* 
1 


The Bermudeans, ſince the peace, have en- 
gaged once more in this beneficial buſinels, with 
the attention and diligence of traders, who are 
obliged to follow an œconomical com merce : And 
the Bermudeans have already gained, in exat 
proportion to the greatneſs of their efforts. Let 
not the Weſt-Indians, while wallowing in wealth, 
deride the ſervices and aid of thoſe little men, who 
as ſubjects, at once quiet and active, merit 1 e 
protection. 


| * InſpeRtor General's books. 5 | 
F Illy, 


TN 
2dly. From the foregoing detail it is ſufficiently evi- 
dent what a fruitful nurſery for ſhip-wrights, and 
mariners, and coopers, the enjoyment of many 
freights will al ways furniſh the public. And no- 
thing can be added to what Sir Joſiah Child has ſo 
ſenfbly ſaid: This Kingdom being an ifland, 
it is our intereſt, as well for our preſervation, as 
our profit, not only to have many ſeamen, but to 
have them, as much as 5 be within call, in a tame * 
danger.“ 
3dly. The "Th admiſſion of the Aae na- 
vigators into the Welt India ports, by giving them 
accurate knowledge, would bring with it no ſlight 
danger to the community, or ſmall inconvenience 
to our commerce. We all remember what advan - 
tages it gave the Americans in ſupporting their re- 
volt, that they were perfectly acquainted with 
our European and Welt Indian coaſts ; that they 
ſpoke the ſame language ; - and that their perſons 
and dreſs were nearly a like. To allow them to re- 
tain that knowledge, while it is dangerous to us, 
can never be right. During peace they would in- 
veigle the Britiſh Seamen into the American ſer- 
vice. During war they would furniſh our ene 
mies with pilots for every hoſtile invaſion. - Ac- 
quainted with every iſland and with every harbour, 
and ſpeaking the ſame diale& ; the American na- 
vigators, with the morality of ſeamen, would one 
day enter the ports as friendly traders; the 
next they would land on the coaſt as depredatory 
Plunderers : By the firſt operation they would dif- 


cover ; 


t 139 

cover the nakedneſs of the land: By the ſecond 
they would carry away the Negroes from the fields 
and cut the ſhips from the Bays. Not content 
with plunder. by land, the American privateers 
would prowl ainong the ſhoals of the Bahamas for 
the Weſt India traders, who, as they returned 
through the neighbouring ſtreights, might be dif. 
perſed by ſtorm, or might be unconvoyed by acci- 
dent. From ſuch a ſtate of things the danger to 
the Welt Indian planters and inconvenience to the 


| Britiſh ſhip owners are manifeſt, But it is not 


eaſy to calculate the premiums, which the inſurers 
would aſk to ſave harmleſs the unfortunate trader, 
during a war of treachery as well as of force. 
| Thoſe are not all the diſadvantages that would 
neceſſarily reſult to the commerce and navigation of 
the Britiſh empire, by admitting the American na- 
vigators into the Welt India ports The Weſt In- 
dians loudly clamoured in 1 731, That the Northern 
Coloniſts carried away conſiderable quantities of can 
to the French Iflands, where with they bought rum, 
ſugar, and molaſſes. That this complaint was ſound- 
ed we may ſuppoſe, from its being always continued. 
The French then were ſupplied with bullion, which 
ought to have been remitted to Britain, in payment 
of debts. That caſh was often carried to the con- 
tinental colonies is a fact, which may be proved, 
by the direct evidence of the Inſpector Generals 
books : The truth is confirmed, by the ſtate of 
the balance of trade between them. The value of 
hors berry pai 5 60 offi # £15 (625: 0fe 


F 
the annual cargo, which was uſually ſent by the re- 
volted Colonies to the Britiſh Weſt Indies amount- 
ed, according to a three years average ending with 
1773 to C. 500, o the Weſt- India products, 
which were carried away in return amounted at 
; . 400, 000 ; and the freights to £ 245,000, beſides 
their profits, Hence, the balance - of trade be - 
tween them roſe to C. 345, . This is not a 
ſmall ſum to be carried off from the Britiſh Domi- 
nions; and which had been otherwiſe tranſmitted 
to Britain, perhaps i in liquidation of ballances. Were 
there C. 345, 00 yeatly imported in bullion, that 
fountain would probably be ſufficient to feed the 
fiream of our circulation; which, like the flow 


of our Thames, ought to run — 
Gentle, yet not dull ; 


| Strong without rage, without 0 'erflowing fall.” 
The vaſt concatenation of payments, OR, as 
well as private, depends on the fullneſs and flow of 
that circulation, The proſperity of our manufac- 
tures and trade; ; the invigoration of our cre- 
dit; neceſſarily reſult from the punQuality of thoſe 
payments. The induſtrious claſſes are all enabled 
by manufacture, and traffic, and credit, to accu- 
mulate ſavings, (and their accumulations have long 
ſupported the pillars of the State) which gradually 
augment the commercial capital of the kingdom. 
And in this manner is it of the greateſt conlequence 
to the general commerce of the empire to exclude 
the American vellels from the Weſt India ports. 
1 e 


| . 

Of a ſubject, thus intereſting, becauſe our ſafety 
and our opulence are both involved in its diſcuſſion, 
let us take another view, To thoſe who delight, in 
tracing the varieties of human character, or in 
marking the minute occurrences. of boman tranſ. 
actions, nothing has ever appeared more ſtrik ing, or 
unaccountable, than the difference, in policy and 
ſucceſs, between the Britiſh Weſt Indies and the 
French. The firſt was bred in the lap of luxury; 
the ſecond was reared in the ſchool of misfortune: 
The firſt was gratified with a government of free. 
dom and indulgence ; ; the ſecond was ruled by a 
ſyſtem of regulations and rigor. The French plan- 
ter entered the Weſt India world with feeble ef. 

forts, becauſe he was depreſſed by penury ; he 
gradually added to his little ſtock by his care; his 
attentive profits, however ſmall in the beginning, 
added accumulation to accumulation; a plants 
tion of coffee, which required few hands to tend 
it, was at length enlarged into a plantation ol ſugar: 
And in this manner the French Weſt Indies roſe 
up with a rapidity and vigour, which aſtoniſhed 
the inattentive and ignorant, while the Britiſh Weſt 
Indians, who formed a character the direct reverle 
of the French, were conſtantly aſking protection 
and encouragement. But who can ſupport the in- 

dolent and careleſs, the proud and the magnificent, 
who began the world perhaps with bor rowed money, 
on uſurious intereſt ? The French planters found 
capitals i in their own reſources : The Brittſh found 


3 in England, And the Britiſh Weſt In- 
dians 


EY, + 
dians bave been at all times greatly indebted to 


Britain for the money, which ſettled and improved 
their ſugar-works, which though withdrawn from 


productive occupations at e could not be eaſily | 


brought back from abroad. Fifty million are now 


ſaid to be employed in the Welt India eſtates : 2 


But, if that vaſt ſum, or even the half of it, could 
at this moment be revelled in domeſtic employ- 


ments, how much more would it promote the com- 


mercial proſperity | of Britain. To recover debts 


in Our colonies has been a neceſſary meaſure, which 8 


ſometimes attracted our legillative care, without ſuc- 


ceſs. And to admit the Americans into the Welt 


India ports is to augment a deplorable evil, by en- 


abling the planters to ſend thoſe products to the 
Vnited States, which ought to have, been tranl- 


mitted to Britain, in part of payment of che intereſt 
and principal of their Britiſh Debts. 


Of thoſe engaging topicks let us take a parting 
view. The New Englanders have long grown rich, 
. by Woch a pedling trade with the reyolgd Co- 


« x 


| Jiri cargoes, "hank they SE the 


American world, were compoſed of the various petty 
articles, which a diſperſed people cannot eaũly want, 


yet cannot readily fetch, If the American navigators 
are admitted! into the M elt India ports the New Eng- 
landers will extend this gainful traffic and the other 
American Traders, invited by their gains, will fol- 
low their ſucceſsful example. Their free intercourſe 


2 preſent with France, Holland, and Hamburgh, . 


= not 


T. 6 } 
not in their own ſhips alone, will greatly facilitate 
that traffic. Thus the American citizens will ſupply 
the Weſt India planters with the filks of France, with 
the groceries of Holland, and with the linnens of 
Germany, in oppoſition to the manufactures of Bri- 
tain, The Britiſh woollens are unſuitable to the 
ſultrineſs of the Weſt India climate and the Britiſh 
linnens and cottons will be rejected for the cheaper 
linnens of Germany and the more ſhewy fabricks 
of France. Intereft will in this manner concur 
with vanity to ſupport the ſmuggler againſt the 
preventive officer. And m this manner will te 
manufaQures of Britain be depreſſed, and the 
morals of the planters corrupted, while the ſalu- 
tary principle of colonization wall be circumvented, 
if not deſtroyed. 
Having thus introduced rivals to our domeſtic 
manulactures, the American traders would ere 
long equally interrupt our Faſt India commerce. 
They have lately ſent a veſſel from Philadel- 
phia to China. And having thus made a be 
ginning they will be carried forward in their 
enterprizing progreſs, by the markets which 
they will find in the Weſt Indies, in oppo- 
ſition to the more expenſive ſupplies of our 
own Faſt India Company. „% To wink at ſuch 
proceedings, ſaid Doctor D'Avenant, in 1698, 
has been lately the praftice of corrupt governors; 
2nd if ſpeedy care be not taken, thoſe abuſes will 
grow too inveterate, or too big for correction. So 


that in proceſs of ime, thoſe colonies (if they fall | 
| into 


[ wr } 
into the practice of trading rndepoditeddy of Eng- 


land) may erect themſelves into independent com- 


monwealths, or piratical ſocieties, which at laſt 
we ſhall not be able to maſter; by which means 


the plantations, that are now a. main branch of our 


wealth, may become a ſtrength to be turned againſt 
us.“ And in this manner would the commerce 
and navigation of Britain be injured, nearly in the 


proportion, wherein the American veſſels ſhould 5 


5. 3. The attentive reader, having thus ſeen 
the channel of our American trade freed from every 
obſtruction, and ſuch ſalutary regulations eſta- 


bliſned, as require few amendments, is at length. 
impatient to know, what neceſſity there is for a 


commercial treaty with the United States, or what 
advantages it would bri ing to Great Britain, were it 


already agreed on. It is now propoſed to anſwer 


queſtions, which involve our domeſtic quiet and 


foreign intereſts, by a very ſhort diſcuſſion. 
The origin of commerce may be traced up to 

that moſt early epoch the introduction of property 

among mankind, When the individual was. al- 


lowed to appropriate, what ſupplied his wants, or 
promoted his convenience, he acquired a right, 


that could not be diveſted, without his conſent, 


Which introduced trade, or by force, which gave 


riſe to war. In this manner men, from obſerving 
each others needs and reſpecting the poſſeſſions of 
each, learned the arts of mutual commutation, by 


: inding* an equiyalent, which by an eaſy progrels 
ſettled : 


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( 142 ] 


ſettled into traffic with all its varieties. F reedom is 
eſſential to commerce, becauſe conſent is always 
implied: When compulſion is introduced warfare 
in the ſame moment begins. Vet, the liberty of 
all muſt neceſſarily ariſe from the reſtraint, which 
is impoſed on the appetites of each, fince it is the 
claſh of many wills, that produces anarchy, the 
worſt foe of freedom. And hence we may infer 
the truth of the celebrated poſition of Monteſquicu 
that the conſtraint of the merchant is nat the con- 

ſtraint of trade. . 

The aſſociation of many 3 to e 
each others rights, and to redreſs each others 
wrongs, formed a community, The various 
modifications of mens paſſions, their likes and 
diſlikes, gave riſe to many communities. But, ag 
the compacts, which bound the aſſociators toge- 
ther, no further reſtrained mens previous privileges, 
than was effential to the being and end of the com. 
padt, it neceſſarily followed, that the community col 
lectivehy enjoyed the rights of individuals ſepa- 
rately. Societies learned ere long, that they too 
had wants, which could only be ſatisfied, by ſend- 
ing - equivalents to neighbouring tribes. And 
hence aroſe the commerce, between neighbouring 
communities, and by means of navigation, between 
the moſt diſtant ones. In this new communica- 
tion the ſame liberty of choice. and the lame re- 
raint of appetite prevailed, as there had exiſted 
in the traffic of individuals. Hence, though every 
| Nate had a right to communicate its wants and to 


offer its — every other body of men poſ- 
ſeſſed 


„„ 

ſeffed the ſame privilege of judging with regard to 
the value of thoſe equivalents, by ſetting a higher 
price on its ſurplus products, which it may even 
refuſe to fell, when the buyer acts unreaſonably. 
From thoſe fimple principles the writers on the 
Jaw of nations have juſtly inferred, that the obli- 
gation of trading with a foreign country is a right, 
neceſſarily imperfect, fince the one party has the 
ſame privilege to determine for itſelf, whether ſuch 
a commerce would be detrimental, as the other had 
to offer its equivalents, adopting reaſon as the guide, 
becaufe nothing which is unreaſonable can ever be 
right. But, every ſociety being obliged, fays Vattell, 
to trade with others, only as far as it can without be- 
ing wanting to itſelf, the ſucceſs of the tranſaction 
will always depend on the judgment each State 
ſhall form of what it can and ought to do in parti- 
cular caſes: The freedom of trade depending ge- 
nerally on the judgment of another muſt be always 
uncertain, and the right of commerce muſt conſe- 
quently be ever imperfect. In this manner were 
commercial treatie introduced among mankind, in 
order to ſecure a conflant rule and punctual tranf- 
actions, which could no longer be broken or va- 
ried ; without incurring the blame of infringing a 
compact, that both parties had voluntary formed. 
Such is the ſource. to which juriſts trace up the 
origin of commercial treaties, which, it is apparent, 
may in their formations narrow the general right 
of traffic, and may, in their end, hap or We. 5 
chan op had gained. 8 Hd 

REN 


[ I 44. } 


Every nation having thus a full right to regulate 
its own commercial affairs, by the rule of what is 
advantageous, or hurtful, may make thoſe treaties 
of commerce, which its intereſt required, and 


which implies the approhation of another, or it 
may regulate its foreign, as well as domellie, 
trade, by its municipal law, which is founded og 


its own ſenſe of utility, without aſking the world's 
conſent. But that regulation 1s properly ſaid to 
be alone juſt and commendable, which is formed 
with a tenderneſs for the wants and ſupplies of 
mankind, having a regard to the bounds of poſſi- 
| bility, and the reaſonableneſs of the meaſure. And 
hence it is apparent, that the true mode of judging 
of every proffered treaty is its lalutarineſs, or 
dangers, its uſefulneſs, or diſadvantage. 
Many clamour for a commercial treaty with the 
United States, without conſidering for a moment, 


whether it would be hurtful or convenient; how 


far our laws have already eſtabliſhed every regu- 


lation which our intereſt requires. Writers have 


ſubmitted to the world ſketches of ſuch projects of 


traffic, between the two countries, as they thought 
would be molt beneficial and wiſe, were the Le- 


giſlature to enact them into rules, that all ſhould 
be required to obey. It were to be wiſhed, that 
the ſame writers had publiſhed the draught of a 


comercial treaty with the United States, that every 
one might have examined its principles, and ap- 


proved or condemned its ſtipulations, as they had 


ſtood the teſt of uſcſulnels, or of diſadvantage. 


Let 


T7: 445 -] 


Let us, to ſupply this defect ſuppoſe, thats the 
French Commercial Treaty of 1778, or the Dutch 
Treaty, which they have not purchaſed with their 
accuſtomed caution or œconomy, had been pro- 


poſed to our acceptance, we ſhall thereby have an 
opportunity of judging of the web, by inſpecting 
the woof and the warp. And with this view it is 
propoſed to examine minutely the treaties, which 


have been held up as examples ta other nations, that 
we may determine, whether they ought to be ac- 
cepted, as uſeful, or rejected, as either too triflings 
or too unſalutary, or as containing regulations, 


which our laws have already adopted. 

The three Treaties are ſounded in ſimilar prin- 

ciples : The French in perfect equality; the Dutch 

in reciprocal utility; and the Britiſh in liberal 
equity: And they all three eſtabliſh peace among 


the nations, for the continuance of which every wiſe 


and good man ought to pray; ſince from war no 


good can reſult; from war with the American States 
nothing can be gained, but much might be Joſt. 


| By the French and Dutch Treaties it was mutually 


agreed : © Not to grant any particular favour, in re- 


ſpect of commerce and navigation, which ſhall not 


become common to the other.” From this ſtipulation, 
which, from the ſimplicity of its language, ſets all con- 


ſtruction at defiance, it is apparent enough, That the 


United States can grant to Great Britain no ſpecial 
immunities, whatever price ſhe might be willing to 
pay: They cannot grant to Great Britain the ex- 
cluſive privilege of alone ſupplying them with her 


woollens and hardware, in conſideration of admiting 


U . their 


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(145 ] 

their veſſels into the ports of the Britiſh Weſt: 
Indies. Nothing contrary to the tenour of the 
| treaty can be granted, ſays Vattel, to a third party. 
Such excluſive privileges ought not to be accepted, 
were it in the power of the United States to confer 
them, becauſe monopolies are always viewed with 
jealouſy, while they are ſeldom enjoyed to their 
full extent. . The United States have: therefore no 
| boon to grant, which ought to be regarded as 
an equivalent for commercial privileges, that might 
be diſadvantageous to Britain. And the two Com- 
monwealths of America and the Netherlands have 
avowed, as the baſis of their Commercial Treaty, 
That all burdenſome preferences are the uſual 
ſources of debate, embarraſſment and difcontent.” 

It is ſtipulated by Article 3, 4, 5, of the French 
and Article 2d of the Dutch Freaty,—* That the 
people of the Contracting Powers ſhall pay no more, 
or greater impoſts, in the Ports of each other, 
than the moſt favoured nations pay, and ſhall enjoy 
every exemption in trade and navigation, whether 
in ſailing from port to port, in the ſame country, 
or in navigating thence to foreign nations.” But, 
we have already ſeen, that the American citizens, 
as merchant ſtrangers, are entitled by our laws“ 
to the privitege of paying no other duties at our 
| Cuſtota-houſe, than denizens pay in the molt. 
friendly ports : We have ſeen too, what is ſill 
more advantageous, that by our regulations, fince 
PET the 

From 9 Len. III. ch. 9; 5 Hen. IV ch. 7; and 
32 Char, II. ch. 4. which requires, that aliens ſhall be honeſtly 
enireated as to the payment of taxes, at the C vſtom-houſe. 


Ao Wd” oe Gee anos — 2 — 


[6-1] 


the peace, the United States are "How from the 
payment of all taxes on the 1mportation of their 
products; from the payment of thoſe alien duties 
which all other aliens were then obliged to pay. 
Whether the Commercial Treaties with France and 
the Netherlands, or the ſpontaneous regulations'of 
Britain, convey, in this reſpect the greateſt exemp- 
tions and moſt valuable privileges to the United 
States, does not therefore admit of a. queſtion. 
France indeed and Holland have allowed the Ame- 
rican citizens, as they allow all other aliens, on 
the payment of ſuperior duties to ſubjects to par- 
ticipate in their coaſt trade, which Britain has ab- 
ſolutely denied to them, as ſhe had long denied to 
every other alien. A regard to her defence and 
ſafety eſtabliſhed the general rule. And a reſpect 
for the law of nations forbids any foreign power 
from taking umbrage at a domeſtic meaſure, fo 
prudent in its origin and fo ſalutary 1 in its conſe- 
quences. 8 
By the gth Anil of the Frenth Treaty, the 
ſhips and mariners of the Contracting Powers were 
reſtrained from fiſhing in any of the havens, creeks, 
roads, coaſts, or places of the others, under the 
penalty of confilcation; and the United States 
moreover ſtipulated not to molelt the French in 
fiſhing on the Banks or in the vicinity of New- 
foundland. On the delicate ſubje& of fiſhing the 
Dutch were cautiouſly ſilent. On the other hand, 
by our Treaty of Peace with the United States, they 
were allowed the full right of bing on the Banks . 
15 . 8 ä 3 


| [ 148 ] 

of Newfoundland, on the ſhores of Nova Scotia 
and Labradore, with the beneficial freedom of 
drying their fiſh on their unoccupied coaſts. The 
difference then to the United States, between the 
Britiſh and French Treaties, amounts to this, 
whether the granting, or refaſing a favour, 1s the 
molt advantageous and kind. 

The droit daubane is relinquiſhed by France, and 
he right of diſpoſing by teſtament is acknowledged 


by Holland. The Dutch, with their uſual policy 


have allowed liberty of conſcience and of ſepulture: 
But the French are filent on theſe ſubjeQs of re- 
ligious ſcrupuloſity. The Dutch thought it of 

importance to ſtipulate ; that parties may employ 
their own factors or attornies ; that ſhip-maſters 
may be allowed. to manage their own affairs and 
may load and unload with the freedom of ſubjects. 
Were a Britiſh ſtateſman to boaſt of ſuch ſtipula- 
tions he would incite the ridicule of the wits with- 
out inſuring the approbation of the grave. The 
law of England, (as we have already ſeen,) allows 
every alien friend to diſpoſe of his effects by teſta- 


ment, or preſerves them for his next of kin. The 


rights of conſcience have been at length recognized; 
have been happily adopted into our liberal ſyſtem. 
The melancholy privilege of burial our humanity 
_ denies neither to the Jew, the Turk; nor the In- 
fidel. And in a country which has been honour- 
ably denominated, The Land of Liberty, every 
ſtranger may exert his own diligence, or ule the 
addreſs of an agent, or engage the abilities of a 
lawyer. 


[ 249 ] 


lawyer. The juriſprudence of the United States 
fully coincides with the laws of Great Britain, in 
all thoſe reſpects. And by all thoſe ſtipulations the 


United States gained from France and Holland, 


who were not exactly informed of American 
modes, conſiderable immunities, without granting 


equivalents ; ſince the mere protection of law can 
with no propriety be deemed the communication 


ol benefits, which might have been denied. 


We may equally apply the foregoing remarks to the 
various ſtipulations of thoſe treaties in caſes of ſhip- 


wreck; in the protection which is agreed to be 
given to ſhips when purſued by pirates; to the 
option which is given the owners in the breaking 
of bulk“. 1n thoſe unfortunate cales the huma- 


nity of the law of England has adopted the memor- 


able declaration of ConsTanTiInE E: © If any ſhip 
be at any time driven on ſhore by tempeſt let the 
ou ner have it; for what right has my Exchequer 
in another man's calamity.” This ſentiment, ſo 


_ worthy of a great prince, has been adopted and en- 
forced by our own Edward I +. The zeal of our 


Parliament for the rights of human nature hath 


declared him a felon, who {hall plunder a ſtranded 
ſhip, and him, who with greater malice, ſhall ex- 


hibit falſe lights on purpoſe to bring navigators into 


danger: And theſe declarations equally humane as 


as 


By 28 Ed. III. chap. 13. ſec. 3, and 20 R. II. ch. 4, no 
Mhips ſhall be conſtrained to come into Port, or reſtrained i in 
ſelling their goods. 


* 


+ By 3. Ed. I. ch. 4. 


1 


. * 23 % „% „„„1„%è ͤ EE EE TIC —j— — „ —— — —ů ˙ ˙ù — 


( 150 ] 
wiſe, are little more than' the revival of the vir- 
tnous laws of Henry II, whom no monarch need 
be afraid to copy. By the Statute of 31 Henry 
VI. ch: 4, which remains ſtill unrepealed, for the 
honour of our Jaws, it was enacted, That if any of 
the King's ſubjects attempt, or offend upon the ſea, 
or within the King's obeyſance, againſt any ftranger, 
mamity, or under ſafe conduct, eſpecially by attack- 
ing bisperſon or robbing him of his goods, the judges 
may cauſe full reſtitution and amends to be made to 
the party injured.“ And by a more modern ſtatute* 
it is declared to be piracy to correſpond with pirates, 
or to board forcibly any merchant veſſel, though 
without forcing, or carrying her off, and deſtroying, 
or throwing overboard any of her goods. Let no 
foreign navigator therefore doubt, whether he is 
entitled to full protection from pirates, in the ſeas 
and ports of Britain. In a country, where the peo- 
ple have made it an article of their Charter to give 
ſecurity to foreign merchants, no alien friend need fear 
for the ſafety of his perſon, his property, or his re- 
putation. And he may learn indeed from Mon- 
tefquieu, © That in Britain he has no occaſion to 
loſe an infinite deal of time at the Cuſtom-houſe; 
where he has no uſe for a particular commiſſioner 
either to obviate all the difficulties of the farmers, 
or to ſubmit to them.” Whether, on this head 
of the ſubject, the | treaties of Holland and 
France, or the laws of Great Britain, are the 
. * W b 


* 3 Geo. I. ch. 24. 


3 
moſt honourable in their origin, the moſt effica- 
cious in their operation with regard to the United 
States, is a queſtion, which requires ſurely no fur- 
ther 1lluſtratwn... | 
But, the more to facilitate the commerce of the 
United States, France has ſtipulated. to grant them 
one or more free ports, in Europe, and to continue 
to them the free ports, which bad been already 
opened in the French Weſt Indies. If that is a 
fiee port, where goods may be freely landed with- 
out paying a duty, Great Britain has already elta- 
bliſhed various free ports within the Kingdom. In 
them the tobaccos of the United States may be 
landed without any expence : All their other un- 
manufactured products, which prudence allowed 
them to bring, may be entered without payment of 
duties. What France then only ſtipulated to do, 
Great Britain has actually done: In the United 
States there are higher duties collefted on ſhipping 
and goods of aliens than on thoſe of citizens: In 
Britain the American citizens pay no taxes on the 
importation of their merchandizes: And of con- 
ſequence Great Britain has done more for the 
United States by her laws, than France and Hol- 
land have done, by their treaties. When the United 
States obtained at length, what they had long 
viſhed and lately fought for, the laws of Great 
Britain interpoſed a bar, between her remaining, 
Colonies and them. The Britiſh Government 
opened a Great market in the Britiſh Welt Indies 
for the produAts of the United States, by ſoftening 


t 1 
the rigour of thoſe laws, in favourto them, while all 
other foreigners were notwithſtanding ſhut out. In 
this view of the ſubject, the admitting a qualified 
importation amounted to a \ qualified: free port, 
which is all that the French have allowed. The de- 
 fign of the act of navigation, fays D* Avenant, was 
to make thoſe Colonies as much dep ndant as poſ- 
ſible upon their mother countrye. © oMrimit the 
American ſhips into the Britiſh Welk Ind Von-⸗ 
trary to the policy of that law, is to eſtabliſh fn 
univerſal free port and with it the independence of 
' thoſe Colonies. And we have learned from ex- 
perience, what indeed we might Have known with- 
out the coſt of a hundred millions, that the ab- 
ſolute independence of our tranſatlantic territories 
is much more advantageous to Britain than their 
virtual dependence: : In the one caſe, ſhe enjoys all 
their commercial advantages, without the weigbty 
burthen of their defence: In the other, ſhe is ſub- 
jected to the valt charge of protecting them, with- 
out enjoying any greater benefit from their trade, | 
than all the world enjoys. 
Wie have now fairly compared the commercial 
advantages, which the United States derive, on the 
one hand, from their late treaties with Holland and 
France, and on the other, from the eſtabliſhed laws 
of Great Britain. Let juſtice decide according to 
the repreſentations of candour, from which of thoſe - 
urces a wiſe people might draw the greater be- 
nefits, were gratitude placed in the chair of = 
Jackce ; | 


There 


1 


There are indeed in thoſe d a variety of 


Alipulations relative to a ſtate of hoſtilities. But, 


war is not the buſineſs of life. And every man, 


either prudent or humane, ought to wiſh, that it 
were leſs frequent in its recurrence and leſs extend · 


* 


ed in its duration. Vet, treaties either to regulate 


its commencement, or to direct its operations, are 


by no means neceſſary. And our laus already 


contain every regulation, that a wiſe people ought 


to deſire, or a cautious peopleought to grant. All 


merchants, ſays 0UR GREAT CHARTER, ſhall be. 
ſafe and ſecure in coming into England, and going 


out of England, and ſtaying and travelling through. 


England, as well by land as by water, to buy and 


to ſell, without any unjuſt exaQions, according to 
ancient and right cuſtoms, except in time of war, 


and if they be of a country againſt us. And if 


ſuch are found in our dominions, at the beginning 
of a war, they ſhall be apprehended, without in- 
jury of their bodies and goods, until it be known 


to us, or to our chief juſticiary, how the merchants 


of our country are treated in the country at war 
againſt us; and if ours are ſafe there, the others 
ſhall be ſafe in our country”. This is the clauſe 


which hath jultly conferred celebrity on England. 


And of this fignal conſtitution Britons may boalt 
in every quarter of the globe, where ſhips ſail, or 
merchants trade. Now, who will ſay, that he can 
form a treaty, more ſalutary in its principle, or more 


judicious in i its means, than the declaration, which 


our N anceſtors demanded and obtained, at 
LI X that 


WE Te we r OO Se 2 
. 


154 J 


that memorable ports in favour of merchants 


and trade. 

But, while it is 150 that the cn 
citizens will derive a thouſand benefits from the 
emanations of our ſyſtem, it may be properly 
aſked, what ſecurity do Britiſh ſubjects enjoy from 


the laws of the United States? Is there reciprocity; 
is there mutual protection? Yes: It may eaſily be 
ſhewn, that the fundamental laws of the United 


States are exactly analogous to the fundamental 
laws of Great-Britain, in all thoſe rules, which 
give ſecurity to the citizen and protection to the 
ſtranger. 

The laws of a people, whatever they may be, 
are the liberties, to which they are the moſt at- 
tached, and which they defend with the greateſt 
ardour. The common law, the ancient ſtatutes of 


England, had been all carried by the Engliſh 


ſettlers, into the American colonies, as their birth- 


right, or afterwards adopted by uſage, or ſome- 
times recognized by the poſitive acts of their ſubor- 
dinate legiſlatures. It is ſurely curious to trace 
the operation of that principle, amidſt the un- 


natural conteſts of the parent and her children, 
about their mutual rights. And we ſhall find by 
no long reſearch, that the revolted coloniſts have 
interwoven the laws of England into the very tex- 
ture of their fundamental conflitutions, while their 
animolities were the moſt warm and rancorous. 
We may learn the truth of that exhilerating 
poſition, from an examination of what each of the 


United 


N 1 

Urited States thought proper to do, when they 
were about to form governments for themſelves.— 
The conſtitutions of New-Hampſhire and Maſſa- 
chuſett's expreſsly provided, * that all laws there - 
toſore uſed ſhall remain in force till altered.” — 
Rhode Iſland and Connecticut retained their an- 
cient forms and laws, which had been at all times 
ſufficiently democratic and even independent. 
New-York declared, & that ſuch parts of the com- 
mon law and ſtatutes of England and acts of 
Aſſembly, as formed the law of the province on 
the gth of April 1975, ſhall continue the laws of 
the Commonwealth.“ New- [erſey followed impli- 
citly the example of New-York, as it had always 
done. Pennſylvania has made the declaration of 
rights part of her fundamental conſtitutions. The 
Delaware State reſerved expreſsly the common 
and ſtatute law as they had been formerly adopted 
and practiſed. Maryland declared, that her 
citizens were entitled to the common and ſtatute 
law of England, which bad been uſed and ap- 
proved, in the province. Virginia, with a zeal 
which ſhewed more of her rancour than her pru- 
| dence, directed that the executive powers of gor 
vernment ſhould be exerciſed according to the 
laws of the Commonwealth, but ſhould under no 
pretence exerciſe any power or prerogative by 
virtue of any law, ſtatute, ar cuſtom of England: 
Yet, this declaration formed a direction to the 
Virginian Governors rather than a ſyſtem for the 
Virginian Judges. And we may prelume that the 
** * general 


F 156 J 
| ji 1 ha | 
general web of their juriſprudence d been woven 
of the warp of common law and the woof of an- 
cient ſtatutes” We may infer this from Toy 
general reviſal * in 1663, when the aſſembly ” e 

deavoured in all things, as near as the Re 
and conſtitution of the country would admit to 
adhere to thoſe excellent and often refined laws of 
England, to which they acknowledged all reve. 
rence and obedience,” Yet, the principal Vir 
ginians were too prudent to leave it in doubt how 
far their ancient laws ſhould operate even after the 
revolt: And the Aſſembly paſſed an act, in 1776; 
declaring, * that all the laws formerly in force 
ſhould continue, till abrogated.” North Carolina 
with greater prudence intwined The Declaration of 
Rights about the root of her fundamental conſtitu- 
tion: And with equal wiſdom enacted expreksly, 

in 1777, that the common and ſtatute law 
theretofore uſed ſhould continue in ſorce.” South 
Carolina declared, by her original aſſociation, 
* that all laws then practiſed ſhould remain till 
repealed.” Georgia adopted into her fundamental 
conſtitution nothing more than the Habeus-corpus- 
an: But, if we may believe the affirmation of her 
Chief Juſtice Walton *, © the law of England has 
been fludded into the Georgian ſyſtem.” And 
| thus have we found, that the often refined laws of 
England have been ſtudded into all the American 
h ſlems. The &merican youth ll continue to 
| read 

Laws, p. 1. 5 
* Georgia Gazette, 13 May, 1784. 


FT 7 3 
read Coke upon Lyttelton as their text. book; and 
the experienced practiſer continues under their new 
forms to quote the various reporters of what has 
been ſaid and decided in Weſtminſter-hall; to 
' which American Judges ſtill pay all the reverence, 
which is due to the collected wiſdom of that vaſt 
depoſitary of civil wiſdom and legal ſcience. 
And the general juriſprudence of England and 
the United States muſt conſequently be very 
nearly the ſame, however different the forms of 
their government may de. 
Having thus eltabliſhed the general nd we 
may properly enquire, how it applies to Britiſh 
ſubjeQs, as to the impoſing diſabilities, or giving 
them protection. If the American citizens are i 
aliens in England, Britiſh ſubjects mult neceſſarily — 
be aliens within the United States. If any govern- | 
ment was ever founded in actual campact the con- 
ſtitution of the United States muſt be allowed to 
have originated from the hallowed ſource of poſi- 
tive ſtipulation. But, perſons, who were no 
parties to the American aſſociations, can never be 
entitled to the privileges reſulting from the Ame- 
rican compacts, to members of them. The people 
of Europe, who were quiet ſpectators of the 
ſtruggle for independence, are conſequently aliens 
to the United States. Much more are Britiſh 
ſubjecis, who oppoſed the formation of thoſe con- 
federacies, aliens to the American governments. 
And in fact we find the European people con- 
ſidered by the legiſlative and judicial powers of 


„ 
— 


1 


the United States altogether as aliens, who are 


entitled to none of their immunities, ſince they 
owe them no obedience. It was the peace, which 


converted Britiſh ſubjets, who had been alien 


enemies, into alien friends. Now, every privilege 
and protection, which belong to the American 
citizens, as alien friends, in Britain, equally ap- 


pertain to Britiſh ſubjects, as alien friends, within 


the United States, with reſpect to the ſecurity of 
their perſons, their property, and their reputation ; 


becauſe the laws of both countries are thus ſubſtan- 
tially the ſame *. And the juriſprudence of both 


countries 


It ought not be concealed, becauſe it militates againſt 
the doarines maintained in the text, that Walton, the Chief 
Juſtice of Georgia, and his aſſociates, determined, fince the 
peace, that Perkins, a Britiſh merchant, and alien friend, 


could not ſupport an action of debt againſt a citizen. [Geor- 


gia Gazette, 13 May, 1784.) That decifion ſeems however 
to have been univerſally reprobated. It may gratify a rea- 
ſonable deſire of information to ſee the opinion of Mr. Stirk, 
the Attorney-General, and Mr. Stephens, another Georgia 
lawyer, which was taken the 10th of May, 1784, and pub- 
liſhed on that ſignal occaſion, in the ſame Gazette : 

The judgment of the Chief Juſlice and his aſſociates, 


given in Chatham county laſt term, (relative to the privilege 
of Britiſh merchants, who remained in Savannah after the 
cvacuation, of ſuing the citizens of this State) may be looked 


upon as laudable, but tranſient characters, although Britiſo 


ſubjects, who have arrived ſince, claim that right from the 


duties which they pay to the State, over and above thoſe 
paid by cther merchants, who reſide here. . Should the foun- 
tain of juſtice be ſtopped againſt them, and they prohibited 


from proſecuting for their lawful demands, all commerce 
wall 


* 


1 159 1 
countries giving thus mutual protection to the inha- 
bitants of both, ſeems to preclude the neceſſity of 
a commercial treaty, which would be leſs reve- 
renced in its ſtipulations, and leſs n in its 
een, / 
But, if the eſtabliſhed laws of the two countries | 
in this manner exclude the neceſſity of a com- 
| mercial treaty we may yet inquire, whether it 
would be advantageous, or uſeful. It has been 
obſerved of this nation, ſaid D*Avenant, in 1698, 
that we have loſt by treaties, what we had gained 
by valour ; that we have been conſtantly outwitted 
in 
will be annihilated, and the greateſt diftreſs to the citizens 
will follow. By the /atute law of England, which is alſo in 
full Force in this State, aliens are allowed under that Govern- 


ment to maintain actions for perſonal chattels. Aliens (even 


Britiſh ſubjects) in the State of South Carolina are allowed 


to ſue the citizens and are entitled to a jury medictate lingue, 
in ſvits againſt them, if they chooſe. There have been even 
tranſient Courts allowed them: And this ſeems to be founded 


on the privileges aliens are entitled to in all countries, except 


where they are particularly prevented. Aliens may trade as 


freely as other people, thcugh ſubject to higher duties, and + 


as they are not conſidered as citizens in this State pay duties 
accordingly.” 

When the Chief Juſtice had adaiged; by bis decifion, 
that the laws of England were ſtudded into the Georgian ſyſtem, 
he could not, as a l-gician, or a lawyer, deny the inevitable 
inference of law : That an alien Friend, could maintain an 
action of debt, in the tribunals of Georgia. Little did Mr. 


Walton reflect, amid the clamours of the times, which ought _ 


to have inſpired him with caution rather than raſhneſs, hat 
Judgments againſt apparent right are conſidered by every law as 
7 fe uficient cauſes for granting letters of © hana | 


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[* 166" 7 


in ſtipulations we have made with foreign States 
and Princes, as well concerning intereſt as dominion : 
And it is very evident, that they who could never 
face us in the field, have over-reached us in the 
cabinet; and all along we have ſeemed ſtronger in 
a battle, than in council.” The unequal agree- 
ments of the Portugal treaty, of 170g, had been a 
ſufficient juſtification of D*Avenant's remark had 
not more modern treaties confirmed it. And it is 

owing to the wailings of impatience, the roar of 
ignorance, or to the incitements of- intereſt, that 
our ſtateſmen are conſtantly driven from their 
better purpole into improvident compatts, and are 

often obliged to ſacrifice the real intereſt of their 
country to their own quiet. This is a degeneracy 
however, againſt which virtuous refolution ought 
always to ſtruggle : And this is a motive for placing 
the ſubject of commercial treaties in every poſſible 
Tight ; as ſome of them may catch the eye of inat- 
tention, or others of them may illaminate the dark 
deſigns of avarice, or of faction. 

It is ſurely a previous queſtion of! no ſmall mo- 
ment, whether there at preſent exiſts within the 
United States, any power, which can lawfully con. 
clude a commercial treaty. By the gth article of 
the American confederations the Congreſs are 
inveſted with the joſe and excluſive right, (nine States | 
being repreſented in Congreſs) of entering into 
| treaties and alliances; provided kat no treaty of 

commerce ſhall be made, whereby the legiſlative power 
of the refbetlive States ſhall be reftrained, from impoſing 


L 161 1 5 


fuch 1mpoſts on foreigners, as their own people hays ; Or 
whereby each State ſhall be hindred from prohibiting 
the exportation, 07 importation, of any. ſpectes of goods 
whatever. Thele contradictory ſtipulations created 
no new abſurdity in the American hiſtory and juriſ- 
prudence. We all remember the famous reſolves 
of their colonial repreſentatives in Aſſembly, during | 
turbulent times: We, the Delegates have the ſole 2 


right of impoſing taxes on the good people of this ö 
Province, with the conſent of the Upper Houſe, and | 
; Governor. By article the 6th no State without N 
the conſent of the Congreſs can ſend any embaſſy { 
to, or receive any embaſſy from, any King, Prince, i 
or State, or enter into any conference, agreement, | 
alliance, or treaty with them. Thus, have the = 


jealouſies of the United States prevented the eſtab- 
| lſhment of a competent power, among them, for 
the concluding of commercial agreements. And 


— 


D 1 e — a 
. . ees oe” — 


that fatal concluſion is amply confirmed by recent | 
experience, which hath ſhewn us the individual ] 
States buſily, perhaps factiouſly, employed, in | 
empowering the Congrels to regulate commerce, - | 
for the ſpecial purpoſe of retaliation, or redreſs. . | 


Yet, though armed with all thoſe powers, either 
general or particular, the Congrels lately ſat from 
November to June, without executing any meaſure 
of retaliation or redreſs, on the difficult ſubje& of 


— — 


8 LD 


— 


— — 


their Welt-India trade. They, on this occaſion, f 
made uſe of their accuſtomed intrigues, to incite - 
the traders to clamour for prohibitions, or at leaſt | 
reſtrictions. Meetings of Merchants were held, 1 


1 in | 


1 
in different States, in purſuance of infligatory let. 
ters, to conſider of means to invigorate the Con. 


greſs, by adding the force of previous aſſent to the 


noiſe of popular complaint, Yet, fearing perhaps 
the renewment of non- importation agreements, or 


regarding more their genuine intereſts, the traders 


reſolved in ſecret: That Britain, when regulating 

her colonial commerce, had done nothing more than 
Spain, Portugal, and France, continued to do ; 
that though they felt an inconvenience from the 
Wel India reſtrictions they could not juſtly com- 
plain of an injury; and that it would be wiſer to 


| conſider of modes of circumvention than to adopt 


meaſures of force. In the end the Congreſs did 


nothing, in order to enable individuals to find 


means to promote, each his particular intereſt. 
The Congreſs however, about the beginning of 
May 1724, entered into certain reſolutions *, by 
1 95 which 
»The Continental Journal of Boſton, dated the zd of 
June 1784, contains the following reſolves and recommen- 


dations of Congreſs: ** That it be recommended to the 


Legiſlatures of the ſeveral States to veſt the United States, in 
Congreſs aſſembled, (nine States to be repreſented in Con- 
greſs and aſſenting) for the term of fifteen years, with power to 


prohibit any goods, wares, and merchandizes, from being 


imported into, or exported from any of the States, 1n veſſels 
belonging to, or navigated by, the ſubjeAs of any power 
with whom theſe States ſhall not have formed treaties of 
commerce; and alſo with the power, during the ſame term, | 
of prohibiting the ſubjeQs of any foreign State, Kingdom, 
or Empire, unleſs authorized by treaty, from importing into 
the United States any goods, wares, or merchandize, which 

| LO Ks | are 


( 163 ] 


which they probably intended, to hold up to the 
eyes of Europe the appearance of their former 


promptitude and vigour, while their apparent 


energy concealed the moſt incurable irreſolution 


and impotence. Like other limited powers the 
Congreſs eaſily find an excuſe whemthey hnd them- 
ſelves unable to act. When they thought proper to 
delay the forming of any arrangement of garriſons 


for the weſtern and northern poſts they declared 


in February laſt the reaſon to be; that ine States 
had been then only repreſented for a few days, nor 
could it be conlidered till the Slates became more 


allentive to keeping up a full repreſentation i in Congreſs 1 


When they are preſſed by the incapacity of paying 
either the principal or intereſt of their debts, they 


very coolly, but truly, avow T, that ſome of the States 


have either refuſed, declined, or modified their re- 


commendations for taxes. Experience ſince the 
peace, were we to diſregard what happened dur- 
ing the war, ought to convince all reaſonable 
men how impoſſible it is to procure the aſſent of 
thirteen democratic aſſemblies, much leſs of four 
and twenty I, to any meaſure which involves the 


complicated intereſts of all:. And. the diflent of 
> of „„ 


are not the produce or manufacture of the dominions of the 
Sovereign, whoſe ſubjects they are. — Such is the iſſue of 
the Congreſs's pregnancy. Es 
* Same Continental Journal. 
+ By the Budget 1784. nd 
1 Which number includes Vermont and the ten States, 
| that have been lately eſtabliſhed in the vaſt country, which 
is bounded by the Ohio, the Miſliflippi, and the Lakes, 


1 164 J 

one State, like the veto of Poland, prevents effec. 
tually the ſucceſs of the moſt earneſt recommen. 
.dations; becauſe the powers given by the reſpective 
aſſemblies are generally qualified with a proviſo, 
that the other aſſemblies likewiſe concur, And while 
ſome of the States lately impoſed reſtriQtive duties 
on commerce, Connecticut and New Jerſey opened 
Free ports, with a wiſer purpoſe and more certain 
benefit. 

But, let us admit, that the Congreſs are already 
inveſted with all the powers, which they have thus 
_ requeſted of the Thirteen States, what character, we 
may aſk, would they exhibit to the eyes of Europe: 

They would doubtleſs appear to Ruſſia, who has 
refuſed to enter into treaty with them, and to other 
powers, who have not yet thought it neceſſary, or 
found it convenient, to form any commercial com- 
pats, as a bully, who with a pen in one hand, and 
a ſword in the other, declares : You fhall treat, or you 

ſhall not trade. But, the coward alone ſubmits to 
the uplifted cudgel: And the people, who allow 
their opponent to write the terms of peace, or of 
commerce, while the ſword is brandiſhed over the 
tablet, confeſs to the world, that they are in the 
laſt ſtage of decline. To thoſe however, who know 
the ee the beſt, tkat famous aſſembly, i in the 
character, which they have thus choſen to aſſume 
for themſelves, will more likely reſemble the boy, 

who was humorouſly exhibited by- Reynolds, in 
the dreſs and figure of Harry VIII. and who im- 
preſſed 


1 5 1 
preſſed the mind with the idea of a perſonage of 
n bulk with little force. 

Ihe agents of Congreſs ſometimes act, as if they 
thought the world were ignorant of their affairs, 
and were unacquainted with their juriſprudence. 
This truth we might even collect from thoſe clauſes 


of the French and Dutch treaties, which ſtipulate 


ſeveral benefits in favour of the United States, 
without other equivalent than the protection of 
laws, which cannot be denied. The French how- 


ever are now fully informed of their affairs, as we 
may learn from the following anecdote. In order 
to gain from Monſ. De Vergennes an extenſion of 
commerce, or additional privileges, the Congreſs 


agents flattered lately, and ſometimes ſoothed, and 


at length bullied the great Miniſter of a powerful 


nation: Why, Gentlemen, ſaid Monſ. de Ver- 
gennes peeviſhly, you talk, as if you thought. I 


were unacquainted with your powers and with the 


inability of your Congreſs to grant ampler one's ; 
or as if I knew not, that the treaty, which I have 


already made with you, will be no longer kept, 
than the Congreſs ſtand in need of his Majeſty's 
bounty, or than the individual States find* an in- 


_ tereſt in fulfilling it.” Without the ſagacity of 


De Vergennes we may infer indeed,: from the 


terms of the confederation, that every aſſembly 
_ Polleſſes a reſerved right, to impoſe as high cuſ- 


toms on foreigners, as thall at any time be paid 
by their own people, notwithſtanding any treaty ; 


and may prohibit the import, or reſtrain their export, 


of 


A p 1 EA » * — — - 
— — — — — —— — — 


— 
— 4 G 4 — — — —— — i ry 


wat 
— 8 


— as _— 
— — — > 
K. 4ꝶũ½ ! HE PR „„ 


1 


of any goods, even contrary to the moſt ſolemn, 
ſtipulations. So abſurd it is to attempt to modify 
the ſovereign power under a republican any more 


than under a monarchical form: So inconſiſtent is 


the exerciſe,. or even exiſtence, of two ſovereign 
powers, much more thirteen, or four and twenty 
ſovereign powers, at one and the ſame tune, within 


the ſame empire. While the Congreſs can neither 
impoſe taxes, nor regulate trade, they ought to be 
regarded as a body of men, with whom it is illu. 
fory and idle to form a commercial treaty. 


It is doubtlels a queſtion of ſtill higher conſe- 


quence to inquire, whether the United States have 


faithfully executed the late Treaty of Peace, before 
we deliberately enter into any new ons. It has been 


ſaid, by a profeſſed apologiſt of Congreſs indeed *; 

that the reſentment, which America felt againſt 
this country, during the war, ſubſided very un- 5 
_ expeCtedly at the peace, though it did not at that 


time againſt the American Refugees; that ſtrong 


marks of a diſpoſition to relinquiſh their relentments 


and ſettle in peace have already appeared: For, many. 


Refugees have been reſtored in different parts of Ame- 


rica: And the Legiſlature of South Carolina paſſed 


an aR in their laſt ſeſſion, which extends to almoſt 
- the whole number“ for reſtoring certain perſons to 
their eſtates and permitting them to return to this 
State.“ 
United States and for r future glory had this 


Happy for the preſent intereſts of the 


ieren 


L 7 J] + 
extenuating repreſentation been as perfectly true as 
it is extremely queſtionable, in the moſt eſſential 
affirmations. rs 

Ik the faithful performance of a ſolemn Treaty 
is an object of any conſequence to a great nation, 
jealous of the honour of ſovereignty, it muſt be 
furely of uſe to inquire minutely, how the Ame- 
rican Treaty has been actually executed. The 
Articles of Peace, which were concluded with 
the United States, on the goth of Novem- 
ber 1782, were denominated Proviſional, becauſe 
it was agreed that they ſhould not conſtitute 

a Trealy, till terms of peace, were agreed on 
between Great Britain and France. When the 
French Treaty was ere long ſettled, the Articles 
that had been thus Proviſional, became at once 
obligatory; and formed conſequently the rules of 
conduct for the Contracting Powers. It was in 
conformity ta this reaſoning, that the French Pre- 
liminary Treaty was formally publiſhed, when it 
arrived at Philadelphia on the 24th of March 178 3. 
as the Proviſional Articles had been announced to 
the American world by Congreſs, twelve days be- 
fore: It was in conformity to the foregoing rea- 
ſoning, that the Congreſs proclaimed a ceſſation of 
arms on the 11th of April 1783; when hoſtilities 
immediately ceaſed and priſoners were ſoon after- 
diſcharged. And the general poſition, That the 
Proviſional Articles bound the Congreſs from the 
day on which they received them, and the citizens of 
the United States from the moment thoſe Articles 


were 


[ 168 ) 


were made known to them, is conformable to the 
law of nations and is confirmed by the practice of 
the civilized world.” A Treaty of Peace, ſays 
Vattel, binds the contracting parties from the 
moment of its concluſion, unleſs 1t 1s otherwiſe 
ſtipulated. When no term is aſſigned for the ac- 
compliſkment of the Treaty, common ſenſe dic- 
tates, that every point ſhquld be executed as ſoon 
as poſſible. And the faith of Treaties equally ex- 
cludes from the execution of them all neglect, all 
dilatorineſs, aud all deliberate delays.” 
1 The recommendations, which had been ſtipu- 
| lated to be earneſily made by Congreſs { and which 
ought thus to have been iſſued with all convenient 
ſpeed ;, were ſtudiouſly delayed notwithſtanding the 
dictates of the law of nations and the requeſts of 
the Britiſh Commander of the American army“. 
The violences, which ſucceeded the ceſſation of 5 
arms, even prevented the evacuation of New-York, 
as had been e by Treaty. And the per- 


ſecution, 


dir Guy Carleton wrote the Congreſs a letter, on the 
17th of Auguſt 1783; wherein he informed them, that he 
had received orders to evacuate New-York ; but, that the 
violence which had broke out immediately after the ceſſation 
of arms had retarded that meaſure: And he expreſſed his 
concern, That the Congreſs had thought proper to ſuſpend 
to this late hour the recommendations ſtipulated by the 
Treaty, in the punctual performance of which the King and 
his Miniſters have expreſſed ſuch entire confidence.” The 
Congreſs never took any notice of this commendable letter ; 
becauſe it was impoſſible to anſwer incoatrovertible facts, 
whence ivevitable inferences had been drawn. 


[ 169 ] 
ſecution; FOLEY enſued Fe the e . 
ſupporters of the Britiſh Government, ought to be 
blotted from the page of hiſtory, were it not ne- 
ceſſary for the inſtruction of mankind, to preſerve 
examples of human depravity and of human fol- 
lies, againſt the prevalence of which, the reaſon 
and religion of men ought always to ſtruggle, Yet, 
to determine with regard to the conduct of any 
State, from the tumultuous irregularities of the 
populace, who are eaſily agitated though not eaſily 
calmed, would be as unfair as it would be undig- 
nified. It is from authoritative acts alone that we 
_ ought to form opinions of the proceedings, eit her 
legal or illegal, of any Government. And it might 
be minutely ſhewn, were it now either uſeful or 
pleaſant, that every American State continued to 
aft authoritatively, from the 192th of March 178g, 
when the Proviſional Articles were formally pub- 
liſhed, till the 14th of January 1784 *, when, the 
Definitive | Treaty was earneſtly recommended by 
Congreſs, with regard to the unhappy objects of 
thoſe recommendations, as if ſafety and reſtitution 
had; not been folemnly ſtipulated for them. 


Z Com plete 


* The packet from Falmouth conveyed the Definitive 
Treaty to New York, on the iſt of November 1783. On 
the 5th the Congreſs adjourned from Prince-town to Anna; 
polis; where Mr. Mifflin, the Preſident, arrived on the 3d of 
December. Thaxter, the Secretary of Mr. Adams, brought 
the Treaty on the 26th of November, which was publiſhed by 
| Congreſs on the 11th of December 1783. Dates are of great 


Importance, when we are [inquiring with regard to the _ 
formance of Treaties. 


Complete peace was ſurely eſtabliſhed on the 
14th of January 1784, when the Congrels ratified 
the Definitive Treaty, if it did not, in fact, and in 
law, exiſt before . And we may now pertinently 
alk if the United States have honeſtly executed 
the folemn ſtipulations of a Treaty, from which 
they derived as the valuable confiderations of it, peace, 
liberty and ſafety. From the annunciations of their 
bon Gazettes we may learn indeed, that ſome of 
the States continued to expel thoſe objects of per- 
ſecution and neglect, who had a right given them 
by Treaty to ſolicit their affairs, as if they could not 
relide as alien friends, under the municipal law of 
the Commonwealth; that all of thoſe Governments 
Have continued to difpoſe of the confiſcated pro- 
perty, which they had engaged to reſtore, And it 
may be added as a fact, as true as it will be me- 
morable in their annals, that not one of the Ameri- 
Lan Aſſtinblies have complied with the recom- 
mendations of Congreſs—* To reſtore mens” rights 
and eſtates, as ſtipulated ; to reviſe the acts of 
confiſcation, fo as to make them conſiſtent with 
the rules of juſtice, and the ſpitit of reconcile- 
ment.“ | 
The 
»The -Negotiators of Congreſs informed that body by 
their letter dated the 18th of July 1783, which was publiſhed 
in the Pennſylvania Independent Gazetteer of the 24th of 
: April 1784 : That the clauſe of the Treaty, which ſtipulates 
that there ſhall be no future confiſcations ; ought to relate 
to the time of the ceſſation of arms; as the Definitive Treaty 
beg bo to be conſedered, as only giving dreſs and form to the fore- 
going contracts and not as conſtituting the obligations of them. 


(7m 1 
We mall be enabled to judge of che truth of 
thoſe broad poſitions, by a very ſhort diſcuſſion. 
It is a peace-making principle of the law of vations, 
that every treaty of peace, without expreſs provi- 
| fions, extinguiſhes virtually all wrongs, which had 
been done during the previous war, fo that they 
{ſhall not be deemed cauſes of future diſpute. Vet, 
the American Legiſlatures “ ſeem all to have di- 
: refted, lance the re-eſtabliſhment of amity, that ac- 
counts ſhall be taken of devaſtations committed by 
the Britiſh army, during the courſe of ſeven years 
| hoſtilities, With whatever view this Legiſlative / 
direction was. given, the principle whence 1t pro- 
ceeded, is undoubtedly hoſtile. And it was cau- 
tious, though unneceſſary in our negotiators to ſti- 
pulate expreſsly by treaty, that no proſecutions 
ſhall be commenced in future againſt perlons, for 
the part they had taken in the war, or on that ac- 
count ſuffer any future dainage. - Yet, the govern- 
ment of New-York have empowered their citizens 
by a law, denominated in their juriſprudence, ie 
treſpaſs att, to ſue any perſons for injuries done to 
property, during the war, and to ſubject any one 
who ſhall have reſided, while the Britiſh army gar- 
riſoned New-York, in any houſe only for a day to 
the rent for ſeven years. This in the energetic 
Lu RR 


. Virginia at Ober 1783, ch, 10. For continuing 
an act to aſcertain the loſſes and injuries ſuſtained from the 
depredations of the enemy within this State.” The peace» 
| fyl Pennſylvania took the lead of this hoſtile meaſure. And 

Carolina, Georgia, and others followed the example of both. 


+ — —. I ¹1 m-³ͤ % Ae $7 e — — . ng 


( 172 J 
language of Phocion *, was 0 enaf a civil war: 
And ſome perſons have actually been impriſoned, 
under its authority, and others have been obliged 
to flee. With a ſimilar ſpirit the government of 
South Carolina ſet aſide, ſince the peace, the de- 
ciſions of the Court of Police, which had been 
erected, while Charles Town was occupied by 
Britiſh troops; and Britiſh ſubjects who had pur- 
chaſed property under its deciſions or had appeal. 
ed to its equity, have been condemned in da- 
mages, and have been either impriſoned, or forced 
to abandon their families and affairs; though by 
the laws of war the conqueſt of the country Car- 
ries with it the peaceful right of governing the 
people, by proper judicatories. | 

| Nevertheleſs we are boaſlingly told, That the 
Legiſlature of South Carolina in their laſt ſeſſion 
paſſed an act for reſtoring the eſtates of almoſt the 
whole number of attainted perſons +.” But, Mr. Cham- 
pion either did not know, or at leaſt did not tell 
the whole truth. Certain indeed it 1s, that the 
aſſembly paſſed an act, in purſuance of the recom- 
mendation of Congreſs, and the requeſts of the 
Governor, for reſtoring out of about ſix hundred 


confiſcated 


The title of two able defences of the treaty, which have 
been publiſhed, in oppoſition to the ſpirit of the times, by the 
late Secretary of General Waſhington, Colonel Hamilton ; 
Aa enten whoſe pen is as powerful as his ſword. 


= + Mr. Champion” s Conſiderations, —The Jackſonborough 
act of 1782, attainted about two hundred perſons by name 
and upwards of four hundred more by deſcription. 


| toes. 3 


confiſcated eſtates, one hundred and twenty-four, 


on ſpecific conditions. Yet, let us attend to two 
only of thoſe eſſential ones: Iſtly, It is directed 
by the act as a previous condition, That the par- 
ties, their attornies or agents ſhould make a true 


return upon oath of their eſtates, real and perſonal; 
in order that the commiſſioners ſhould cauſe an 


aſſeſſment of twelve per cent, on the real value of 
ſuch eſtates to be paid in ſhecie, before the firſt day 
of March then next, with an addition of two per 
cent, to the Commiſfioners of Confiſcation : 2dly, 
The law gave an option to the purchaſers of con- 

fiſcated property to relinquiſh or retain it, and in 
this laſt caſe the owner is only allowed to receive in 


ſatisfaction the ſecurities, that had been given in 


payment by buyers, or indents, a ſpecies of paper 


money, which, with the uſual fate of American pa- 
per, had already depreciated four-fifths of its original 
value. In this manner were the parties obliged to 


pay before the firſt of March fourteen in the hun- 
dred of the genuine value of their eſtates in rea! 


money; yet to receive in ſatisfaction fictitious money 

at a future day. And in this manner did the Af. 
8 of South Carolina fulfil * the treaty and 

| regard | 


* That there was no real purpoſe to execute the treaty, or 


to comply with the Congreſs, may be indeed inſerred, from | 


the public notice, which the Commiſſioners gave in April laſt, 


purſuant to an ordinance of Aſſembly, dated the a6th of 
March, 1784, for amending and explaining the confiſcation : 


act. The State Gazette gave notice“ to all purchaſers of 


confiſcated 


— OE warts. OE 


— 
2 
——— 


— 


— — ab de 
2 r 
＋ 0 3 a 
2 — 
222 ͤ Ä 
— -— HO ID 


1 


regard the recommendations of Congreſs, which 
admited not of partial. modifications, ſince all had 
been agreed to be reſtored. Well may the perſons, 
who were merely reſtored to their ruin, exclaim: 
And be theſe juggling fiends no more believed, 
That palter with us in a double ſenſe, 


That keep the word of promiſe to our ear, 
And break 1 it to our hope. 


Yet, are we affured*, *© that ſuch an example, 


in a State, which has ſuffered ſo greatly by the 


war, affords the ſtrongeſt hope, that it will be fol- 
lowed in all the States.“ Ves; Maſſachuſetts has i in 
a great meaſure followed the example of South Ca- 
rolina, © by making diſtinctions of a ſimilar nature.” 
The aſſembly of March 1784, recited , 1ftly; 
6 That whereas by the the ſixth article of the 


treaty made between the United States and Great- 


Britain it is provided, that no further confiſcations 
mal be made :” :” It therefore enacted 2dly ; that 
the lands which any of the perſons aforementioned 
| heldin fee ſimple, or by a leſſer eſtate, on the 19th 
day of April 1775, and have not by the act entitled 
1 An act to confiſcate the eſtates of certain noto- 


fp > -- - 
_- 


confiſcated property, where titles have not Bern already made, 
to apply for ſuch titles and give the neceſſary ſecurity, on or 
before the 26th day of May next, (1784,) otherwiſe fuch pro- 


perty will again be fold at public ſale, and the former pur 
chaſers made liable to all expences. * 


7 By Mr. Champion s Conſiderations. | 


+ The act was publiſhed i in the Boſton es Chro- 


nicle of the 1ſt of April, 1784. 


rious 


1 75 J 
_ vious conſpirators againſt the government and liber- 


ties of the inhabitants of the late province, now 
State of Maſſachuſett's-Bay ;” or by judgment had 
on due proceſs of law on ſuch eſtates been conſiſ- 


| cated, nor have been pledged by government for 


money borrowed, or ſold by Agents according to 
the laws of the State for the payment of debts, due 


from abſentees, or have been made liable to pay 
any annual charge for the ſupport of any poor per- 


| ſon ; ſhall be delivered up to the parties, who | 
reſpectively owned ſuch lands laſt before the igth 
of April 1773; or to any perſon claiming under 


them reſpectively; provided fach claimants are 
not included in the a& aforeſaid, made in the 
year 1 778, who ſhall have the privilege of diſpoſ- 


ing of the ſame within the ſpace of three years.” 


The words of the law were given, to enable every 


one to judge for himſelf. A large body of men, 


* who were deemed to hold principles and poſſeſs 
diſpoſitions incompatible with the ſafety of the 
Commonwealth,” were by the ſamelaw excluded 


from returning to Maſſachuſett's : A leſs obnoxious 
_ Claſs was allowed to reſide upon obtaining a licence 


from the Governor, which was to continue no 


longer in force than the 11 of the next 


allembly. 


Yet, the treaty ſtipulated, for the eaten of 
all confiſcated rights ; for the admiſſion of all thoſe 


who had borne arms againſt the States, to ſolicit 


reſtitution ; for a reviſion of ſuch afts as prevented 
reconcilement: The treaty expreſsly provided, that 


{ 276 J 


there ſhall be no future conſiſcations; that no EY 
ſhall fuffer future damage for the part which he 
acted during the war. It was furely a commend. 
able rule of the old-faſhioned writers on the law of 
nations, that plain words ſhall be conſtrued accord- 
ing to their uſual import and juſt agreements ſhall 
be executed according to the obvious meaning of 
the Contracting Powers. But, to exclude men, who 
ought to be admitted; to deny reſtitution of thoſe 
rights, Which were to be reſtored to former owners; 
and to add additional penalties to laws, which were 
to de made more conſiſtent with juſtice ; all theſe 
are the novel conſtructions, which our faſhionable 
Philoſophers. recommend to be given to our | 
American treaty. Confiſcation, ſays Bacon, is the 
e of transferring the forfeited goods of criminals to pub- 
lic uſe. The Legiſlative declaration then preſcribed 
merely the mode: The ſale of the confiſcated pro- 
perty and the application of the price to the ſer⸗ 
vice of che State formed the real transfer of the 
goods to the public uſe, much more than the law. 
To provide by treaty, that no additional modes 
ſhould be enacted, at an epoch, when there re- 
mained no perſons, or things, whereon future 
laws could work, was ſurely no reaſonable act. The 
expreſs ſtipulation, that there ſhould be no future 
confitcaton ought to be therefore conſtrued, ſince 
it was certainly meant, to fignify no future appro- 
-priation of the forfeited property; and every de- 
tention ought to be deemed a new transfer of the 
things 


OY 4 


11 


things to be reſtored from the obnoxious indi- 


vidual to the more delinquent ſtate, But, it is 
no ſaid, that the making of the diſtinQions among 
perſons to be reltored, where the treaty makes 


none; the deducting of amercements from pro- 


perty, in caſes where the treaty inſiſts, that the 
party ſhall ſuffer no future damage; and the de- 
claring by law a body of men to be enemies to a 


government, while by the treaty they are admitted 
to be friends; all theſe topics are ſuggeſted rather 


than ſaid to be ſtrong marks of a deſire in the 


American citizens to allow their reſentments to 
ſubſide. He who in this apologetical ſpirit inſiſts, 
that the performance of part of the American 


treaty is the fulfilment of all, muſt allow us. to 


argue that, by the ſame rule of inference, the 
greateſt is leſs than the leaſt ; that by this new- 
fangled logick, the performance of no part what« 
ſoeyer is more conſiſtent with the good faith where- 
with treaties ought to be performed, than the literal 


execution of the minute ſtipulation, But, in vain 


does reaſon contend with the gripe of avarice or 
with the obduracy of power. And who can ſuppreſs 
indignation, when he ſees experience inſulted by 


puerility, or reſtrain ridicule, when he feels com- 
mon ſenſe ſhocked by the fooleries of Philoſophy. 


5 If candour is as commendable as a virtue, as 


chicanery is deſpicable as a vice, the avowed con- 
duct of New-York. muſt be much more approved, 


than the pretended compliance of South Carolina : 


and Maſſachuſett s, or even than the contemptuous 


*. 


Aa e filence 


\ 


nr POPE 


| 
Coney ee — ty 5—o N 
ne , ks. bs. 


— 
„ 


S ir —— 
— „ tows a eg 


178 ] 
filence of other States. They have all refuſed vir- 
tually: But, to deny bluntly is at leaſt more manly 
than to feign a fulfilment, which is not meant.— 
After two months conſideration, the New-York 
aſſembly reſolved, on the goth of March, 1984 : 
„That, as on the one hand, the rules of Juſtice 


do not require, ſo on the other hand the public 


tranquility will not admit, that fuch adherents, 
who have been attainted ſhould be reſtored to the 
rights of citizenſhip and there can be no reaſon for 
reſtoring property, which has been confiſcated, as 
no compenſation ts offered on the part of Great- Britain, 
for the damages fu Hained by this State from the de- 
 vaſtations of the war : And that, while the legiſla- 
ture entertain the higheſt ſenſe of national honour 
and the ſanQion of treaties and of the deference, 
which is due to the advice of the United States in 
Congreſs, they find it inconſiſtent with their duty 


mn comply with the recommendation of the ſaid 
' United States, on the ſubject of the 5th article of 
the Definitive Treaty: Therefore reſolved by both 


houſes, that the Governor be defired to tranſmit 

fheſe reſolutions to Congreſs.“ This is a language, 

which cannot be made plainer by commentaries. 
While this intemperate ſpirit reigns in the Ame- 


rican legiſlatures, we are told by their apologiſt, that 


many reſugees have been reſtored in different parts of 
America, We may, for the convenience of argu- 


ment, grant to Mr. Champion the truth of his 
poſition, though the fact is unfounded, as it was 


meant to be exhibited to the public, and then beg 


to 


[ 279 J 


to . what he would infer from it. That cer- 
tain perſons, (and fewer there were, who dif. 
graced themſelves by their neutrality, during the 
late civil broils, than had ever exiſted in fimilar 
conteſts before) who, being ſhocked at the fight of 
rebellion, or war, ſought refuge in happier climes, 
It is admitted, that ſome of thoſe perſons may 
have been reſtored to ſome of their rights, becauſe, 
having been moved by conſiderations of age, of 
ſex, or infirmities, they had committed no greater 
crime againſt the Commonwealths, than that 
of deſerting them, when danger approached. 
But, thoſe are not the men, who were prompted, 

- by their ſpirit, to face tumult and bloodſhed ; and or 
were engaged, by their loyalty, to riſque their + 
perſons and property, and to draw their ſwords, in 
ſupport of the rights of Britain. And thele ate the 

men, whom we have ſeen expelled, and excluded, 
and deſtroyed, by every mode of perſecution *, 

I be mind is naturally ked to compare times, 
Either happy, or diſaſtrous, which ſeem nearly 


— ͤͤ Ge vo 
— e 


alike in their political features, King William | | 
had ſcarcely atchieved the Revolution, when the ” 1 
Aa 2 En | perlecuted 1: 20 


: — - - Sth ah — GS — * a K OR * 0 
— = * 
_ 1 D ö 1 2 5 . — "ot ; i . Wo cn 8 22 p.m — —— n wa 
i - l T — R 5 n * r CIT. I 7 r ee 1 4 P 2 * 2 hr A * 
— we * ei, ——— r —— . 0 —»‚—20 — b ——— * : ” 8 1 — 


* Several of thoſe joyal perſons, who have returned to the 
+ United States, fince the peace, were arreſted by creditors, 8 

Who may have taken different ſides, though their property 
and credits had been taken away by the State. Other loyal 

perſons, who remain in Britain, are ſued by the American 
creditors here, though the confiſcated effects had been ap- 

propriated to the payment of American debts, and they are 
diſqualified from ſaing their debtors in the American courts, 

— are the Loyaliſts thrown into the bed of Procrultes- 


2 — Ne. % 


DO + 
cena — ts cetder nat Grad wore * 4 
— * —— 1 „% 
by 1 os I n * * —— 


— — — ra — — 7 — , 


180 


perſecuted proteltants of France looked for ſhelter 


an England, in conſiderable numbers, and found it. 


In the fate of unhappy ſtrangers, who ran thus 


under the wings of England, the Parliament in- 
tereſted theooſelves; and thereby gained for Eng- 


land the celebration of the world, by bountifully 


ſupplying their needs, amid greater embarraſſments 
of war, and finance, than have occurred at any 
time ſince“. The Iriſh nobility and gentry, who, 
becauſe they were attached to England and ſup- 
ported the Revolution, were attainted by the Iriſh 


Parliament of the abdicated monarch, equally 


ſought protection at that æra from England, which 


was ſtill more amply given by Parliament, fince 
their claims were ſtronger . Thoſe Parliamentary 


ROT clearly evince the great diverſity there 


„between Mr. Champion's refugees and thoſe 


—_—— American ſubjells, whom every Engliſhman 


- ought to regard, if it is meritorious to hape ſup- 
ported the rights of England, by their talents, 
their property, and arms: The French refugee 
aſked and received the charity of the nation: The 


Iriſh loyaliſts claimed of the juſtice of Parliament, 
and from its equity received, not only immediate 
aſſiſtance but ultimate compenſation. 


But, 


* There were 3,500 French refugees, to whom were given 
L. 15, oo a year, during the reign of William. [Com. 
Journal, 10 v. p. 116. Hiſt. of Debts, part ii. p. 1. ] 


'+ Com. Journal, 10 v. p. 204—12—217—29. Vol. 13, 


p. 291—3. Vol. 15, p. 36-4868 — 344. 


Aa 
* 
1 


Ein Þ 


But, the claim of the American Loyaliſts ſeems 


to be a ſtronger one. Their natural inclination was 


ſtrengthened by the Parliamentary reſolutions. of 
1766 *. Their ardour was incited by the Secretary 
of State's private inſtructions; whereby Governors 


were exhorted, 10 offer every encouragement to thoſe, uo 
appeared in principle adverſe, to the proceedings of the 
malcontents Theirapprehenſions amid dangers were 
removed, by the Royal proclamation of Auguſt 
1775; which gave aſſurances, ** that none ought to 
doubt the protection, which the law will afford to their 


loyalty and zeal.” And after all thele previous in- 


citements they were called forth into action, by the 
manifeſto of the Royal Commiſſioners, in June 
1776; which declared, That due conſideration 


ſhall be had to the meritorious ſervices of all per- 


ſons, who . ſhall aſſiſt in reſtoring the public tran- 
quility and that every fuitable encouragement ſhall be 
given to thoſe who ſhall promote the re- eſlabliſiment of | 


legal government.” And in this manner was the faith 
ok the King and Parliament pledged, and the pride 


of the people engaged i in the face of the world, to 


grant honeſt recompence to American. loyai, ſts, 
though not to American refugees, as ſoon as—** dili- 


gent and impartial enquiry” —ſhall have eſlabliſhed 


the truth of each particular claim. 
Yet, it 1s added by the Apologilt of . . 


66 That though reſentments did not g ee ; 


ſink 
* Com. Has 30 vol. page 603. Wherein we may tee 
the Commons reſolve: That thoſe loyal ſubjects, who had 


afſified in carrying the Ads of Parliament into execution, are 


entitled io the poets and — of that Houſe.” 


[ v2 1 


fink ours the refugees, it did towards this 


country.” Candour ought frankly to confeſs, That 


it was to have been expected of men, who had 
given mutual wounds and received mutual injuries, 


that they would not ſoon forgive or forget one 
another. And from this active principle of human 
nature wiſe men early inferred, what experience 
ſeems to have proved, that the treaty, in reſpe to 


the recovery of confiſcations, would never be exe- 
cuted. Governments, at leaſt ancient ones, have 
learned to ſuppreſs paſſion, which would diſable 


them from diſcharging thoſe eſſential duties, the 
reſtraining of the reſentments of individuals, and 
the granting of univerſal right. In this conſiderate 


ſpirit Great Britain has afted fince the epoch of 
Independence, with reſpe& to the United States. 


What returns the American Governments have 
made in thoſe. cooler caſes, wherein their fenſe of 


injury did not lead their Legillatures TY it is 
now proper to alk. 


The treaty of peace (as we all know) expreſcly 


ſtipulated, that there ſhould be no lawful umpedoment 
to the recovery of Debls, on either fide. It required, 


as it is ſaid, no {mall addreſs and perſeverance to 
procure this ſalutary ſtipulation from a people, who 
have never been famous for facilitating payment of 


debts. And the time is now come, when we ought 
to inquire how they have performed it. In Geor- 
gia, the Chief Juſtice, with his aſſociates, deter- 
mined (as hath been already evinced) that a Britiſh 


Merchant, being a an alien friend, could not maintain 
an 


1 183 1 

an Fo for debt, though they had ebe | 
with the ſame breath, that the laws of England had 
been fludded into the . Georgian ſyſtem. The South 
Carolina Aſſembly with a bolder ſpirit paſſed an 
act, on the 16th of March 1784; for preventing 
the commencement of ſuits for debts contracted by 
any citizen previous to February 1782; and for 
poſtponing ultimate payment by ſeveral liquidations 
till January 1789. Urged perhaps by the ſame 
neceſſities the North Carolina Aſſembly paſſed an 
aft, in May 1783, to prevent the recovery of 
debts theretofore contracted, till after the expi- 
ration of a year. Equally neceſſitous, but perhaps 
more confident, the Virginian Afſembly paſſed an 
act, even after they had received the Definitive 
Treaty, to ſuſpend the iſſuing of executions for 

four months from December ber 1705, and to the end 
of the ſubſequent Afſemblye The American Le- 
giſlatures, who may have concurred with thoſe. 
States, in ſimilar meaſures, may equally plead, 
that the neceffily which drives, defends. Whether 
Grotius or Puffendorf, Burlamaqui or Vattel, 
would have admitted this juſtificati on, for an evident 
infraction of a poſitive treaty is a queſtion, which it 
is not at preſent worth while to afk. Their own 
Phocion has told the American citizens, with a loud 
voice, on the authority of ſome of thoſe juriſts : 
Ga That the wilful breach of a ſingle article annuls 
the whole, ſince every clauſe mult ſtand, or fall 
together. If Britain ſhould regard the treaty as 
broken, — can we renew the war? We know; and: 


— 
—— ATOIn: rem PEI em 
— — — — 
— 


* 184 * 
all the world knows, it is out of our power. There 


is a certain evil attends our intemperance, namely. 
a loſs of character in Europe: For our Miniſters 


writs, that our conduct hitherto, in this reſpect, 


has done us infinite injury; and has exhibited us in 


the light of a people, deſtitute of government, on 
whoſe engagements of courſe no n can 
be placed.“ | v.09! 


We have been thus led FEY a evils of large 


_ circumference, in order to come at the general 


reſult, which has been in this manner drawn by 
Phocion. And it muſt now be admitted, that 
there ought to be a ſtrong neceſſity, or a very 


apparent uſe, to juſtify the meaſure, of entering | 


into a new treaty with States, who have not, 


even by their own acknowledgments, performed 


the old. Of the exiſtence of that neceflity, or of 


that uſe it may be proper to make a few remarks, 
The ſtipulation, which expreſsly promiſed, that 
there ſhould be no lawfal impediment to the re- 
covery of debts, has been attended, as we have ſeen, 
with no great efficacy, in the practice of mer- 
chants. Wiſe men, who had ſeen, during every 
age, the ſame neceſſities prevailing in the Colonies, 


whoſe Legiſlatures oppoſed ſimilar obſtructions to 


the recovery of debts, have been heard to obſerve: 
That the only point of commercial policy, which 
had the ſemblance of uſe, would be an effectual 
pfroviſion for the ſpeedy liquidation of debts, which | 

muſt always be due from the United States to Bri- 


tain, And doubtleſs a ſtipulation of this kind (if 
= | we. 


Bi 
8.4 44 


L 2385 } - 


we had any ſecurity for bs Perce den Fenn be 


of great importance to a commercial people, who 
ſeem to ſet no bounds to the number, or length of 
the credits, which they have always given to too 


diſtant cuſtomers, In confirmation of that remark 
they have mentioned, as the greateſt infelicity, - ; 
which perhaps has reſulted to Britain from the 
independence of her colonies, that it had virtually 


repealed the ſtatute ; which had enabled Britiſh 
- merchants to prove their debts before any Mayor 


of any corporation, and ſubjefted all re to 


the payment of all debts. 8 
| The obſervation is in ſome 1 juſt: But 


the inference cannot be admitted in all its extent. 

It has been eſtabliſhed as a foundation, whereon 
much may be built, that the United States had 
wiſely eſtabliſhed it as a rule for the government of 
their courts of juſtice, 10 regard all laws of England 
 therelgfore uſed and approved, as ſtill in full force. But, 
the ſtatute of George I before mentioned had 
been long uſed and approved. And unleſs the 
judges, in the abſurd ſpiritof Walton, the Georgian 


Chief-juſtice, do violence to their own ſyſtem, that 


Jaw muſt be allowed in every tribunal ; not from the 


vigaur of the Britiſh Legiſlature, but from the 


wiſdom of their own adoption. The eſtabliſhment 


of this inference, however, and the introduction of 
a convenient practice under it, muſt ultimately 
depend on the temper of the J- and the appro- 


B b baꝛtion 


og —o 


, : 
, 4 . 
. a> > — Sy" . 
Pe. N — 5 4 ” p 3 
— * — — ——— —e— — 2 — 4 2 2 
— — po ö — 3 — * 


— 


1 66 1 


bation ot the people. And the American lawyers 


before they approve, or reject, a conſtruction, 
which muſt prove beneficial to both countries, 


would do well to remember, that the Courts of 
Weſtminſter hall have been lately empowered, by 
the Legiſlature, to facilitate the ſuitors and to give 
ſcope to juſtice, by ſending commiſſions to every 
corner of the earth, to examine evidences and to 


procure proofs. Great Britain and the United 


States from their mutual dealings are equally in- 


tereſted in this great improvement of juridical 
forms, becauſe it may often be equally convenient 


to bring tellimony from America to Britain *. 


And thus may the apprehenſions of merchants be 
calmed on the intereſting fubject, how: their Ame - 


rican debts are now to be aſcertained. 


# There is reaſon to believe, that the American citizens 
rely more on the juſtice, fpeedy and ' impartial, of Weſt- 


minſter-hall, than on that of their own tribunals. In this 


ſpirit they have lately adopted A practice, which leads to un- 
forſeen conſequences ; ; and which, were they foreſeen, could 
not eaſily be prevented, however inconvenient they might be. 


The American citizens when they ſee any fellow-eitizen 
is about to ſail for Britain ſor the purpoſe of buſineſs rather 
than of ſettlement, and who may be indebted to them, allow 

the debtor to depart and arreſt him upon his arrival in Lon- 

don. In this unexampled proceeding they have two views: 


_ ritly, They rely on the ſingular juſtice of the country; 2dly, 
They know, that their debtor carries with him a. large ſum 


of money with deſign to purchaſe a conſiderable cargo on the 


credit of what he pays down; and they bope by arreſting 
their debtor on *Change to intercept the money, and thereby 


procure ſpeedier payment, than if they had ſtoped him in the 
American port. Such are the varieties of human affairs. 


E 
Sn: an. intelligent perſon died to ſkbtch a 


Commercial Treaty with the United States, having 
ſome regard to the foregoing conſiderations, he 


would probably lind himſelf extremely perplexed 


to diſcover or to create flipulations, which lead to 
any ule, or which are dictated by any neceſſity. 
He would do, well firlt to reflect, that it is ſome. 
neceſſity or ſame uſefulneſs, which ought to form 
the baſis of all commercial treaties : That every 
nation, having a right to judge of that uſefulneſs 
and of that neceſſity, may approve or reject the 
een offered for requeſted 


equivalents, which ha 
immunities, without giving cauſe of olfence, or 


reaſon for explanation. That to eſtabliſh again 
by Treaty what had been already eſtabliſhed by la 
is no reaſonable act; any more than it would be a 
wiſe meaſure to make a new act of Parliament in a 


caſe where an old one already exiſted ; which, ab- 


ſtrated from its legiſlative indecency, always 
creates doubts and introduces difficulties, that never 


_ exilted before. Were ſuch a perſon afraid of the 
ridicule, which generally attends thole, who 


gravely propole to do that which has been already | 


done, he would probably be induced by his fears, 


however he might be governed by his prudence, to 


conſider, whether the laws have not more amply 
provided for the eafe and freedom of the American 
trade, than the Treaties, which the United States 
have concluded with Holland and France. And 
when he turned his attention to the actual late af 
| the commerce between Great Britain and the 


Bb? Initec 


1 — — ——— 2 31 
- g * 


United States, as it has been lately regulated, on 


[ 188 } 


liberal principles, he would perhaps diſcover little 


to amend, and conſequently little to Propoſe, as 


the foundation of a ſupplemental treaty. 
The truth of the foregoing ſuggeſtions we ſhall 
ſee i in a flill more ſatisfaQory light, by ſlightly 


| reviewing; 1ſtly, Our export trade to the United 
States; 2dly, The nature of our imports from 


them ; gdly, The policy of the Welt-India gs 


lations of our navigation. 


The trade, which was Mn: ths 15 


i 1 made more free, by repealing * the ſtatute of 


the preſent reign, that retained what was techni- 
cally called The Old Subfidy on merchandize, which 


ſhould be ſent to the Britiſh Colonies : And thereby 


the American citizens have actually gained, by this 


additional boon, what is certainly ſaved, about five 
in the hundred on the value of every cargo; and 


conſequently £.150,000 a year, if the amount of 


their whole cargoes be £.3,000,000. This meaſure 
forms a ſingular i inſtance of our legiſlative liberality 


and evinces our encreaſin g knowledge of the 


nature of trade, from the ſilent efforts of truth. 


2. He 


The zoth of J aly 1784, oil be remarkable i in our com- 
mercial annals, for the paſſing of an act of Parliament. . 


diſcontinue the petty cuſtom on aliens goods imported into ö 


Great Britain and the duty of one per cent. on goods exported 


to, or imported from the Mediterranean Seas in unqualifed 


ſhips ; and for repealing ſo much of an act, paſſed i in the 
fourth year of his preſent Majeſty, as enacts, that no part 
of the Old Subſidy ſhall be drawn back upon any goods ex 


ported to the Britiſh Plantations in America,” 


LJ: T7 


2. He to whom ſhall be aſſigned the difficult 


taſk of making a' Commercial Treaty with the 


United States will find his chief embarraſſments 


to ariſe from the regulation af the exports from 


that country to Britain. He will ſee they have 
heen already allowed the free importation of al 
their unmanufactured productz, which includes 
almoſt all their ſurpluſes, on paying the ſame du» 


ties as are paid on ſuch commodities when brought 


in from the Britiſh Plantations. Their naval ſtores | 
and their lumber are thus exempted from dutzes ; 
And they are allowed the ſole ſupply of tobacco on 


terms of the greateſt facility. But, the United 
States, it ſeems are not content: They deſire to 
ſend all their commodities to Britain, the produc- 


tions of their fiſhery as well as the produce of their 5 
azgriculture; ſince they lay no reſtraint on the im- 


they argue, find a prodigious vent. Yet, both 


parties will do well to remember, that it is mutual 
convenience more than fancied reciprocity, which 
ought to form the baſis of all commercial treaties. - 


Our ſuppoſed Negotiator may be thence led to 


inquire how ſuch a propoſal, were it carried into 
effect, would affect our induſtrious claſſes, who 


all merit protection, but ſome of them particular 
favour. Such of them as contribute to our de- 


fence in war deſerve greater attention from the State 
than thoſe, who augment our opulence in peace. 
Whence, we ought to rank our induſtrious people 


in the following order of merit: The failors are 


f . 


— 
% G 


4 e 


3 


9 OT IEEE "IIS 


[ 90 1 


the men who deſerve moſt of our care, becauſe they 
are the great protectors of every other claſs, in the 
enjoyment of their freedom from the attacks of the 
foe, The next in order and ſecond in merit are 


our ſhipwrights and joiners, and other artificers, 


connected with the outfit of ſhips, becauſe they are 
the builders of our wooden walls, and without them 
even the gallant efforts of the ſailors are vain. 


The farmers ſtand third in rank, if not the firſt 


| becauſe they furniſh every other claſs with food. : 


And the workers in wool, whoſe peculiar intereſts 


have been too often preferred to the general good, 
can only be ranked in the fourth place. If conve- 
nience then be the rule of diſapprobation, or aſſent, 
in forming treaties of commerce, it can never be 
right to admit the oil and fiſh of New England, 
| becauſe her citizens conſume many of the manu- 
faftures of wool, ſince this meaſure would ſacrifice 
the intereſt of the two moſt meritorious claſſes to 
the gratification of the fourth. But, let us for the 


accommodation of argument ſuppoſe, that the New 


Englanders offered to diſregard their agreements 
with Holland and France, and to admit excluſruely 
the woollen manufactures of Britain, and let us 
then aſk, would ſuch a monopoly be for the real 
| Intereſt of Britain, were it fruly carried into elfect. 
We ſhall belt anfwer this interefling queſtion, by 
aſking ſeveral other queſtions. Does not the hiſtory 
of wool in this Iſland evince, that the manufacturers 


of wool, have too often tyrannized over every other 


claſs and even dictated to the L egillature; that they 


hav 6 


— 


1 192 J 

have often diſturbed the public repoſe by their cla- 
mours and ſometimes broken the public peace by 
their tumults ? Did not thoſe diſorders proceed 
from the previous impolicy, of veſting too much 
capital in one branch of buſineſs and employing too 

many hands in one kind of manufacture; whereby 
the ſame evil was introduced into the community, 
as if a wen were on purpoſe created on the body 
natural, which might begin with m@tification and 


end with death. In this view of the ſubject would 


it be for the real advantage of Britain, were the 
world to give her the excluſtu privilege of ſupplying 
the world with the fabricks of wool ? was it not 
prudent in the Legiſlature to encourage the weavers 
of ſilk, of cotton, and linnen, as competitors to 
the weavers of wool, with the wiſe deſign to 
draw gradually hands from a ſuperabundant claſs to 
employments of a ſomewhat different kind, whoſe 
fewnels- of numbers from the want of occupation, 


did not lead to groundleſs alarm and even to 


dangerous tumult. May we not thence infer it 

to be the duty of wiſe Legiſlators to keep up con- 
tinually an exact balance among the induſtrious © 
| Claſſes of a commercial and naval nation, fo that 
none of them ſhall have too many hands or 
any of them too few. Would not the New-Eng- 
land propoſal counteract this ſalutary policy and 
neceſſarily tend to introduce an evil rather than a 

E. good ? And thus have we diſcuſſed in a paragraph 
a difficult ſubject of political ceconomy, which 
ought indeed to occupy a volume. 
3. But 


C97 "1 
8. But however free and advantageous the com- 
merce may be between Great Britain and the 
United States, the rights of trade between the two 
mother countries gives no pretence for traffic with 
Calonies, if we may rely on the weighty deciſion 
of Monteſquieu, or the {till weightier diQates of 
common ſenſe. Like the ſyſtem of other European 
powers the laws of Great Britain forbade all fo. 
reigners to trie with our tranſatlantic ſettlements: 
Our Government relaxed the rigour of thoſe laws, 
in kindneſs to our Colonies and favour to the 
United States. Yet, the proclamation of the 2d of 
July a 783, is faid Zo have come upon both as a thunder- 
clap. And the moment of ſurpriſe had no ſooner | 
palled away with the cloud, than modes of circum- 
vention and even meaſures of recal were purſued 
with the ardour of men, who are urged at once by 
faction and intereſt, The arts which had produced 
the Colonial revolt were naturally adopted. And 
inſtigatory letters were written to the United 
States as well as to the Welt Indies, to join in con- 
certed clamour and to adopt various meaſures to 
gain their different ends. But, intrigues, - which 
are detected and known, are no longer dangerous. 
And the admiſſion of the American veſſels into the 
| Weſt India ports muſt be gained by treaty, ſince; 
the force of threats have failed. It. is now time to. 
aſk what are the equivalents which they offer for 
the boon that they beg ; as in every aperation of 
commerce ſomething muſt be given for ſomething. . 
The T0008 States have progiaded themſelves, by 
_ HF 


[ 193 1 


treaty from granting to Britain any peculiar facility 


in trade. It has been ſuggeſted rather than ſhewn 
that the grant of any excluſive ſupply of any of the 
manufactures of Britain would be hurtful rather 
than beneficial to her genuine intereſts ; would be 
an evil rather than a good. But, we offer you 


large markets for your manufaQures, 3 
United States: We give you. Jarge credits, ſays 


Britain ; we furniſh you with capifg, in propor- 
tion to the debts you detaing and E open more- 
over an extenſive market for all your unmanufac- 


tured products. Are we not cuſtomers to your 
tradeſmen to the annual amount of three million 
nay of fix million, of ſterling pounds, ſubioin the 


United States: 'The' queſtion is not, Britain re- 
plies, whether you are a great cuſtomer, but whe- 


ther you are a good one: Our warchouſemen 
have-ſenſe enough to know, that they grow rich by 
ſupplying not one great cuſtomer, but many ſmall 


one's: Our Stateſmen ſee clearly enough, that 
neither the intereſt nor ſafety of the nation'-can 
ever conſiſt in trafficing with any one community 


to ſo vaſt an extent, that any accidental failure, or. 


purpoſed non-1mportation, would occalion outcries 


and convulfions; whereby one of the greatelt of 
nations might be ſubjected enn, to „er 


| cuſtomers and debtors. 


It muſt afford conſolation to every hore mio 


to be ſhewn; that, in the preſent ſtate of American 


trade, it is plainly impoſſible for the United States 
to take any legillative ſtep, without promoting the 


Cc e commercial 


— — : 
2 94 


—_—_— . ²˙— 


— rr 1 „ — Leng 


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commercial mtereſt of Britain, Were they to 


1 94 J 


ſtop the whole of their exports to the Britiſh Weſt- 
Indies, they would thereby give a bounty to 
Canada, Nova Scotia, and Newfoundland ; and 
they would by that means force Britain into that 
Ayſtem of ſupply and navigation, which ſhe is pre- 


. vented from adopting ſpontaneouſly, by the pre- 


judices of the many, rather than by the reaſonings 
E the few. Were the United States to impoſe 
taxes on the Wport of Britiſh manafaRures this 
ſtep would equally lead to the real advantage of 


Britain: If the taxed articles ſhould be neceſſaries 


e American conſumer would pay the duty : If they 
ould be only luxuries, which the American citizen 
would do well not to conſume, Britain ought not 


to ſend the goods that could not be ſpeedily paid 


for. If the Congreſs ſhould be even enabled to 
go the full length of enacting, that the State, which 
will not treat, all not trade, the intereſt of Britain 
would equally be promoted: For, to the amount 
of the neceſſaries, the merchants of Britain would 
continue to ſend, as they ſent them during the 
war, by Flanders, by Holland, by France ; whoſe 


wealthier and more punctual traders would become 
our paymaſters, who are more under, our eye: 
And to tranſmit the United States greater cargoes 


than they can poſſibly pay for cannot be ealily 
Juſtified. By prudent perſeverance, in meaſures 


moderate and juſt, much has already been gained. 


To derive every poſſible advantage from the Ame- 
: rican 


Ti 2 
W 


195 x. 


rican-trade * more is wanting, than for the 55 


nation to be quiet and the Parliament to ſit ſtill. 
| Such are the opinions, which the author of the 
foregoing ſheets has preſumed, perhaps impru- 
dently, to avow to the world. Amid the anxieties; 
which moſt men feel, in ſpeaking truths to a world, 


that is not always conſiderate and kind, he has Be 


ſome conſolations. If his opinions ſhall be deemed 


weak one's, they may be eaſily confuted, or ſtill | 


more eaſily neglected. If they call be r 
as weighty ones, he will have the ſatisfaction of 


reflecting, that he has contributed his drops to the 55 


ſtream of truth, which as it runs ſilently and un 
heeded by, leaves the improvements, reſulting. 
from intelligence, in the country behind. The 
documents, "which his diligence has gleaned, will 
remain, when the hand that collected them ſhall be 
cold; and the refleQions, which he has anxiouſly 
made, may perhaps cauſe a few others to think, - 
when the head and the heart, that formed the re- 
ſult, have been long laid low in the duſt. 


* * The reader is deſired to correct the following, errors, 
which affect the ſenſe : 


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pp eure | ouſe, . 
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-* Phe  ARELAMENTARY. REGI-TER, from the General 
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The Pi ir 


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