Commercial Privileges and Restrictions.

board, and nothing to desire beyond their present encouragement which are under their control, exrights. But, on their seaboard, they are open to tending them liberally to artists in those particuinjury, and they have there, too, a commerce lar branches of manufacture, for which their soil, which must be protected. This can only be done climate, population, and other circumstances, have by possessing a respectable body of citizen sea- matured them, and fostering the precious efforts men and of artists and establishments in readi- and progress of household manufacture by some ness for ship-building. patronage suited to the nature of its objects, guided by the local informations which they possess, and guarded against abuse by their presence and attentions. The oppressions on our agriculture in foreign ports would thus be made the occasion of relieving it from a dependence on the councils and conduct of others, and of promoting arts, manufactures, and population at home.

this object.

Were the ocean, which is the common property of all, open to the industry of all, so that every person and vessel should be free to take employment wherever it could be found, the United States would certainly not set the example of appropriating to themselves, exclusively, any portion of the common stock of occupation. They would rely on the enterprise and activity of their citizens for a 2. Where a nation refuses permission to our due participation of the benefits of the seafaring bu- merchants and factors to reside within certain parts siness, and for keeping the marine class of citizens of their dominions, we may, if it should be thought equal to their object. But if particular nations grasp expedient, refuse residence to theirs in any and at undue shares, and more especially, if they seize every part of ours, or modify their transactions. on the means of the United States to convert 3. Where a nation refuses to receive in our vesthem into aliment for their own strength, and sels any productions but our own, we may refuse withdraw them entirely from the support of those to receive, in theirs, any but their own producto whom they belong, defensive and protecting tions. The first and second clauses of the bill remeasures become necessary on the part of the na-ported by the Committee are well formed to effect tion whose marine resources are thus invaded, or it will be disarmed of its defence; its productions will lie at the mercy of the nation which has possessed itself exclusively of the means of carrying them, and its politics may be influenced by those who command its commerce. The carriage of our own commodities, if once established in another channel, cannot be resumed in the moment we may desire. If we lose the seamen and artists, whom it now occupies, we lose the present means of marine defence, and time will be requisite to raise up others, when disgrace or losses shall bring home to our feelings the error of having abandoned them. The materials for maintaining our due share of navigation are ours in abundance; and, as to the mode of using them, we have only to adopt the principles of those who thus put us on the defensive, or others equivalent and better fitted to our circumstances.

The following principles, being founded in reciprocity, appear perfectly just, and to offer no cause of complaint to any nation:

1. Where a nation imposes high duties on our productions, or prohibits them altogether, it may be proper for us to do the same by theirs, first burdening or excluding those productions which they bring here in competition with our own of the same kind-selecting next such manufactures as we take from them in greatest quantity, and which at the same time we could the soonest furnish to ourselves, or obtain from other countries-imposing on them duties lighter at first, but heavier and heavier afterwards, as other channels of supply open. Such duties having the effect of indirect encouragement to domestic manufactures of the same kind may induce the manufacturer to come himself into these States where cheaper subsistence, equal laws, and a vent of his wares, free of duty, may insure him the highest profits from his skill and industry. And here it would be in the power of the State Governments to cooperate essentially by opening the resources of

4. Where a nation refuses to consider any vessel as ours, which has not been built within our Territories, we should refuse to consider as theirs any vessel not built within their Territories.

5. Where a nation refuses to our vessels the carriage even of our own productions to certain countries under their domination, we might refuse to theirs, of every description, the carriage of the same productions to the same countries. But as justice and good neighborhood would dictate, that those who have no part in imposing the restriction on us, should not be the victims of measures adopted to defeat its effect, it may be proper to confine the restriction to vessels owned or navigated by any subjects of the same dominant Power, other than the inhabitants of the country to which the said productions are to be carried. And to prevent all inconvenience to the said inhabitants, and to our own, by too sudden a check on the means of transportation, we may continue to admit the vessels marked for future exclusion, on an advanced tonnage, and for such length of time only as may be supposed necessary to provide against that inconvenience.

The establishment of some of these principles by Great Britain alone has already lost us in our commerce with that country and its possessions between eight and nine hundred vessels of near 40,000 tons burden, according to statements from official materials in which they have confidence. This involves a proportional loss of seamen, shipwrights, and ship-building, and is too serious a loss to admit forbearance of some effectual remedy.

It is true we must expect some inconvenience in practice from the establishment of discriminating duties. But in this, as in so many other cases, we are left to choose between two evils. These inconveniences are nothing when weighed against the loss of wealth, and loss of force, which will follow our perseverance in the

Decrees Relating to Commerce.

plan of indiscrimination. When once it shall be perceived that we are either in the system or in the habit of giving equal advantages to those who extinguish our commerce and navigation, by duties and prohibitions, as to those who treat both with liberality and justice, liberality and justice will be converted by all into duties and prohibitions. It is not to the moderation and justice of others we are to trust for fair and equal access to market with our productions, or for our due share in the transportation of them, but to our own means of independence, and the firm will to use them. Nor do the inconveniences of discrimination merit consideration. Not one of the nations beforementioned-perhaps not a commercial nation on earth-is without them. In our case one distinction alone will suffice, that is to say, between nations who favor our productions and navigation, and those who do not favor them. One set of moderate duties, say the present duties, for the first, and a fixed advance on these, as to some articles, and prohibitions as to others, for the last.

That he has had an official communication of a Decree rendered by the National Assembly of France on the 26th day of March last, of which the following is a translation:

DECREE,

Exempting from all duties the subsistences and other objects of supply in the Colonies, relatively to the United States, pronounced in the sitting of the 26th of March, 1793, 2d year of the French Republic.

The National Convention, willing to prevent, by precise dispositions, the difficulties that might arise relatively to the execution of its decree of the 19th February last, concerning the United States of America-to grant favors to this allynation, and to treat it, in its commercial relations with the Colonies of France, in the same manner as the vessels of the Republic-decree as follows:

ART. 1. From the day of the publication of the Still it must be repeated that friendly arrange- present decree in the French American Colonies, ments are preferable with all who will come into the vessels of the United States, of the burden of them; and that we should carry into such arrange-sixty tons at the least, laden only with meals and ments all the liberality and spirit of accommoda- subsistences, as well as the objects of supply antion which the nature of the case will admit. nounced in article 2, of the arrêt of 30th August, France has, of her own accord, proposed nego-1784, as also lard, butter, salted salmon, and cantiations for improving, by a new treaty, on fair and equal principles, the commercial relations of the two countries. But her internal disturbances have hitherto prevented the prosecution of them to effect, though we have had repeated assurances of a continuance of the disposition.

Proposals of friendly arrangement have been made on our part, by the present Government, to that of Great Britain, as the Message states; but, being already on as good a footing in law, and a better in fact than the most favored nations, they have not, as yet, discovered any disposition to have it meddled with.

We have no reason to conclude that friendly arrangements would be declined by the other nations with whom we have such commercial intercourse as may render them important. In the meanwhile, it would rest with the wisdom of Congress to determine whether, as to those nations, they will not surcease exparte regulations, on the reasonable presumption that they will concur in doing whatever justice and moderation dictate should be done.

TH. JEFFERSON.

DECREES RELATING TO COMMERCE. The SECRETARY OF STATE, to whom the President of the United States referred the resolution of the House of Representatives of December 24, 1793, desiring the substance of all such laws, decrees, or ordinances, respecting commerce in any of the countries with which the United States have commercial intercourse, as have been received by the Secretary of State, and not already stated to the House in his report of the 16th instant, reports:

dles, shall be admitted in the ports of said Colonies exempt from all duties. The same exemption shall extend to the French vessels laden with the same articles, and coming from a foreign port.

ART. 2. The captains of vessels of the United States, who, having brought into the French American Colonies the objects comprised in the above article, wish to return to the territory of the said States, may lade in the said Colonies, independent of sirups, rum, taffias, and French merchandises, a quantity of coffee equivalent to the one-fiftieth of the tonnage of every vessel, as also a quantity of sugar equal to the one-tenth, on conforming to the following articles:

ART. 3. Every captain of an American vessel, who wishes to make returns to the United States of coffee and sugar of the French Colonies, shall make it appear that his vessel entered therein with at least two-thirds of her cargo, according to article 1. For this purpose, he shall be obliged to transmit, within twenty-four hours after his arrival, to the custom-house of the place he may land at, a certificate of the marine agents, establishing the guage of his vessel and the effective tonnage of her cargo. The heads of the said custom-houses shall assure themselves that the exportation of the sugars and coffee does not exceed the proportion fixed by the second article of the present decree.

ART. 4. The captains of vessels of the United States of America shall not pay, on going from the islands, as well as those of the Republic, but a duty of 5 livres per quintal of indigo, 10 livres sand weight of coffee, 5 livres per thousand weight per thousand weight of cotton, 5 livres per thouof brown and clayed sugars, and 50 sols per thousand weight of raw sugar. Every other merchan

Decrees Relating to Commerce.

dise shall be exempt from duty on going out of the Colonies.

ART. 5. The sugars and coffee which shall be laden shall pay at the custom-houses which are established in the colonies, or that shall be established, in addition to the duties above fixed, those imposed by the law of 19th March, 1791, on the sugars and coffee imported from the said Colonies to France, and conformably to the same law. ART. 6. The captains of vessels of the United States, who wish to lade merchandises of the said Colonies, for the ports of France. shall furnish the custom-house at the place of departure with the bonds required of the masters of French vessels by the second article of the law of 10th July, 1791, to secure the unlading of these merchandises in the ports of the Republic.

ART. 7. The vessels of the nations with whom the French Republic is not at war may carry to the French American Colonies all the objects designated by the present decree. They may also bring, into the ports of the Republic only, all the productions of the said Colonies, on the conditions announced in the said decree, as well as that of 19th of February.

Copy conformable to the original.

GENET.

That he has not received officially any copy of

The articles of this commerce, carried on thus directly between those provinces and foreign nations to pay a duty of fifteen per cent. importation and six per cent. exportation, except negroes, who may be imported free of duty. The productions and silver exported to purchase those negroes to pay the six per cent. exportation duty. The exportation of silver to be allowed for this purpose only.

The commerce between Spain and those provinces to remain free. Spaniards to be allowed to observe the same rules and to fit out from the same ports (in vessels wholly belonging to them, without connexion with foreigners) for those provinces as for the other Spanish Colonies.

To remove all obstacles to this commerce, all sorts of merchandise destined for Louisiana and the Floridas (even those whose admission is prohibited for other places) may be entered in the ports of Spain, and, in like manner, tobacco and all other prohibited articles may be imported into Spain from these provinces, to be re-exported to foreign countries.

To improve this commerce and encourage the agriculture of those provinces, the importation of foreign rice into the ports of Spain is prohibited, and a like preference shall be given to the other productions of these provinces, when they shall suffice for the consumption of Spain.

vinces shall be free of duty on exportation, and All articles exported from Spain to these prosuch as being foreign, shall have paid duty on importation into Spain, shall have it restored to ex

porters.

the decree said to have been rendered by the same Assembly on the 27th day of July last, subjecting the vessels of the United States laden with provisions to be carried, against their will, into the ports of France, and those having enemy goods on board to have such goods taken out as legal These foreign articles, thus exported, to pay a prize. That an ordinance has been passed by the Go-duty of three per cent. on entry in those provinces. Those which are not foreign to be free of duty. vernment of Spain, on the 9th day of June last, the substance of which has been officially comThe articles exported from those provinces to municated to him in the following words, to wit: Spain to be free of duty, whether consumed in Spain or re-exported to foreign countries. Extract of an Ordinance for regulating provisionally the commerce of Louisiana and the Floridas, dated the 9th of June, 1793.

Those Spanish vessels which, having gone from Spain to those provinces, should desire to bring back productions from thence directly to the foreign ports of Europe, may do it on paying a duty of exportation of three per cent.

All vessels, both Spanish and foreign, sailing to those provinces, to be prohibited from touching at any other port in His Majesty's American Dominions.

The preamble states that the inhabitants of Louisiana, being deprived of their commerce with France, (on account of the war,) as allowed by the ordinance of January, 1782, &c., His Majesty considering that they and the inhabitants of the Floridas cannot subsist without the means of disposing of their productions and of acquiring those No vessel to be fitted out from New Orleans, necessary for their own consumption; for that pur- Pensacola, or St. Augustine, for any of the Spapose, and to increase the national commerce-nish islands or other Dominions in America, exthe commerce of those provinces and their agri- cept for some urgent cause, in which case only culture has directed the following articles to be the respective Governors to give a permission, but provisionally observed: without allowing any other articles to be embarkThe inhabitants of the above-mentioned pro-ed than the productions of those provinces. vinces to be allowed to commerce freely both in Europe and America with all friendly nations who have treaties of commerce with Spain; New Orleans, Pensacola, and St. Augustine, to be ports for that purpose. No exception as to the articles to be sent or to be received. Every vessel, however, to be subjected to touch at Corcubion, in Gallicia, or Alicant, and to take a permit there, without which, the entry not to be allowed in the ports above mentioned.

All foreign vessels purchased by His Majesty's subjects, and destined for this commerce, to be exempted from those duties to which they are at present subjected, they proving that they are absolute and sole proprietors thereof.

He takes this occasion to note an act of the British Parliament of the 28 George III, chap. 6, which, though passed before the epoch to which his report aforesaid related, had escaped his researches. The effect of it was to convert the pro

Spoliations on Commerce.

Gentlemen of the Senate, and

of the House of Representatives: The Secretary of State, having reported to me upon the several complaints which have been lodged in this office against the vexations and spoliations on our commerce since the commencement of the European war, I transmit to you a copy of his statement, together with the documents upon which it is founded.

GEORGE WASHINGTON.

UNITED STATES, March 5, 1794.

to state other circumstances, which, though not in legal proof, are, either of such public notoriety as to render legal proof unnecessary, or so vouched to the committee as to leave them in no doubt of the truth of them.

"It has become a practice for many of the privateers of the belligerent Powers to send into port all American vessels they meet with, bound from any of the French ports in the West Indies to the United States, and it is positively asserted, that the owners, or some of them, have given general instructions to their captains to that effect. And though many of those vessels have been afterwards liberated, yet the loss by plunder, detention and expense, is so great as to render it ruinous to the American owner. In many cases, where the cargoes have been valuable, the owners of the privateers, after acquittal, have lodged appeals which they never intended to prosecute, but merely with a view of getting the property into their hands upon a valuation made so unfairly as to insure them a considerable profit, even if they should be finally made liable.

"Fourteen days only are allowed to an American owner to make his claim, which renders it impossible for him, except he is on the spot, and every difficulty which a combination of interested persons can devise, is thrown in the way to prePHILADELPHIA, March 2, 1794. vent his getting security, and in few instances can SIR: In your Message to both Houses of Con- it be done, but by making over his vessels and cargress, on the 5th of December, 1793, you inform go to the securities, and thereby subjecting himthem, that "The vexations and spoliations under-self to the heavy additional charge of commisstood to have been committed on our vessels and commerce by the cruisers and officers of some of the belligerent Powers, appeared to require attention: That the proofs of these, however, not having been brought forward, the description of citizens, supposed to have suffered, were notified, that on furnishing them to the Executive, due measures would be taken to obtain redress of the past, and more effectual provisions against the future," and that "should such documents be furnished, proper representations will be made thereon, with a just reliance on a redress proportioned to the exigency of the case."

sion, insurance, &c. It may be added, that the most barefaced bribery is sometimes practised to prevail on unwary boys, or those who know little of the obligation of an oath, to induce them to give testimony in favor of the captors.

"Besides the cases here enumerated, the committee have information of a number of vessels belonging to this port being captured and carried into different ports; but as the legal proofs are not come forward, they forbear to mention them.

"It is proper, however, for them to add, that besides the loss of property occasioned by those unjust captures and detentions, the masters and On my succession to the Department of State, crews of the vessels are frequently subjected to I found a large volume of complaints-which the insults and outrages that must be shocking to notification had collected-against severities on Americans. Of this, the case of Captain Walour trade, various in their kind and degree. Hav-lace is an instance. There are others within the ing reason to presume, as the fact has proved, knowledge of the committee, of which they only that every day would increase the catalogue, I wait the legal proof, to lay them before the Secrehave waited to digest the mass, until time should tary. have been allowed for exhibiting the diversified forms in which our commerce has hourly suffered. Every information is at length obtained which may be expected.

The sensations excited by the embarrassments, danger, and even ruin, which threaten our trade, cannot be better expressed, than in the words of the committee of Philadelphia. After enumerating particular instances of injury, their representation to Government proceeds thus: "On these cases, which are accompanied by the legal proofs, the committee think it unnecessary to enlarge, as the inferences will, of course, occur to he Secretary; but they beg leave to be permitted

"To this last list of grievances, the committee are sorry to find it their duty to add, that by reason of the vexation, loss, and outrages, suffered by the merchants of the United States, its commerce already begins to languish, and its products are likely to be left upon the hands of those who raise them. Prudent men doubt the propriety of hazarding their property, when they find that the strictest conformity with the Laws of Nations, or of their own country, will not protect them from the rapacity of men who are neither restrained by the principles of honor, nor by laws sufficiently coercive to give security to those who are not subjects of the same Government.

Spoliations on Commerce.

6. That the conduct of the Admiralty in the British Islands is impeachable for an excess of rigor, and a departure from strict Judicial purity; and the expenses of an appeal to England too heavy to be encountered under all the circumstances of discouragement.

Against the French it is urged,

1. That their privateers harass our trade no less than those of the British.

"The committee conclude this representation edict of a King of France, this intercourse was with an assurance, that they have in no degree prohibited; and exaggerated in the statement they have made, and that they will continue to communicate all such information as they may further receive; of which nature, before the closing of this report, they are sorry to add, is that of the irruptions of the Algerines from the Mediterranean, in consequence of a truce concluded with that Regency, it is said, by the British Minister, on behalf of Portugal and Holland. This alarming event, to which some American ships, we hear, have already become victims, is of so distressing a nature, as must soon deprive us of some of the most lucrative branches of our commerce, if not speedily checked or prevented. The immediate rise it has produced in insurance, and the fears it may instil into our seamen and commanders, are of a nature highly deserving the serious consideration of Government, on whose protection and zeal for the interests, commercial, and agricultural, of the country, the committee implicitly rely."

In a supplementary letter, the committee of Philadelphia make this conclusion: "That the cases which they recite, and others less formally announced, serve to show, that there are frequent instances of suppression of papers, registers, &c., very prejudicial to our shipping on their trials, and of injuries by the destruction of letters, to the general correspondence of the country with. foreign nations."

When we examine the documents which have been transmitted from different parts of the Union, we find the British, the French, the Spaniards, and the Dutch, charged with attacks upon

our commerce.

It is urged against the British,

2. That two of their ships-of-war have committed enormities on our vessels.

3. That their Courts of Admiralty are guilty of equal oppression.

4. That besides these points of accusation, which are common to the French and British, the former have infringed the treaty between the United States and them, by subjecting to seizure and condemnation our vessels trading with their enemies in merchandise, which that treaty declares not to be contraband, and under circumstances not forbidden by the Law of Nations.

5. That a very detrimental embargo has been laid upon large numbers of American vessels in the French ports ;* and

6. That a contract with the French Government for coin has been discharged in depreciated assignats.

Against the Spaniards the outrages of privateers are urged;

And against the Dutch, one condemnation in the Admiralty is insisted to be unwarrantable.

Under this complication of mischief, which persecutes our commerce, I beg leave, sir, to submit to your consideration, whether representations as far as facts may justify, ought not to be immediately pressed upon the foreign Governments, in those of the preceding cases, for which they are responsible.

1. That their privateers plunder the American vessels, th row them out of their course, by forcing them, upon groundless suspicion, into ports other than those to which they were destined; detain Among these, I class, 1. The violences perpethem, even after the hope of a regular confisca-trated by public ships-of-war. 2. Prohibitions, or tion is abandoned; by their negligence, while they hold the possession, expose the cargoes to damage and the vessels to destruction, and maltreat their crews.

2. That British ships-of-war have forcibly seized mariners belonging to American vessels, and in one instance, under the protection of a Portuguese fort.

3. That by British regulations and practice, our corn and provisions are driven from the ports of France, and restricted to the ports of the British, or those of their friends.

4. That our vessels are not permitted to go from the British ports in the Islands, without giving security (which is not attainable but with difficulty and expense) for the discharge of the cargo, in some other British or neutral port.

5. That without the imputation of a contraband trade as defined by the Law of Nations, our vessels are captured for carrying on a commercial intercourse with the French West Indies; although it is tolerated by the laws of the French Republic, and that for this extraordinary conduct, no other excuse is alleged than that by some

regulations inconsistent with the Laws of Nations. 3. The improper conduct of Courts. 4. Infractions of Treaty. 5. The imposition of embargoes; and, 6. The breach of public contracts. How far a Government is liable to redress the rapine of privateers, depends upon the peculiarities of the case. It is incumbent upon it, however, to keep its Courts freely open, and to secure an impartial hearing to the injured applicant. If the rules prescribed to privateers be too loose, and opportunities of plunder or ill-treatment be provoked from that cause, or from the prospect of impunity, it is impossible to be too strenuous in remonstrating against this formidable evil.

Thus, sir, have I reduced to general heads the particular complaints, without making any inquiry into the facts beyond the allegations of the parties interested.

I will only add, that your Message seems to promise to Congress some statement upon these subjects.

*There is reason to believe that the embargo was removed in Committee of Public Safety in France.

December last, and the detention compensated by an order of the