Star.
London, England, 1827-03-29 00:00:00

STATE PAPER.

MaiSPONDlixtz ARLATIVie TO comUndrAt telma•
COURSE lIITWEEN THE UNITED STATES or AMERICA
AND THE MUT INDIA C >LONIEE, AUGUST,
18i6. T JANUA RT,IB27.PRUENTID To ROTH HoUllts
01 PA 14 LIAM ENT, IT CoMIEA ND Or HIE MAJEATT,tBf7.

No. a.—Atoms
~tariattxt NIS 110 Oa. 811ettfait 041/1101/0.•
Upper Seyesour-ureet, Dee. es, 3 tn.
the Undersigned, itc. did not fail to transmit to his
Government the Note which Mr. Canning, &c. did him
the honour to address to him on the 13th of November,
in reply to the answer which had been returned by the
Undersigned to Mr. Canning's Note of the 11th of Sep-
tember. But, unwilling to continue a discussion which
did not seem likely to lead to any practical result, he
abstained from making any further observations on the
subject, until he should have received special instrac-
ti•ns from his Government, in seference to a state of
things which wss altogether unexpected at Washington
at the time of his departure.

Having now received a dispatch from the Secretary
of State of the United State., the substance of which he
is instructed to communicate to Mr. Canning, the
Undersigned, in performing that duty, will, on those
points to which he had already alluded in his former
Note, have but some explanatory remarks to add.

The right of Great Britain, which is that of every
nation, to prohibit or allow foseign commerce with any
part of her dominions, is unquestionable. That right,
in reference to her Colonies, bas never been denied by
the United States, any more than with respect to any
other part of her possessions; and it is also admitted
that she may, within her own jurisdiction, prescribe the
conditions on which such commerce shall be tolerated,
and at her will again interdict altogether the inter-
Course thus permitted. •

On the other hand, the United States, unless restric-
ted by treaty, which ins this case they are not. have
precisely the same right to prohibit, to allow, and within
their own jurisdiction to regulate foreign commerce
ivith thrir dominions, whether that commerce be with
the foreign country itself or with its colonies or posses-
sions abroad. It was not inadvertently that the Under-
signed used the word right,", as applied to the United
Stites lie did not object to the use of the word, as
epplied to Great Britain. What he a•tenspted to slew
was, that this right, which was admitted, and although
it might at airy time be necked, bad no bearing on
the questions which had been the subject of discussion
between the two countries.

What has been contended for is, that since to any
commerce there must always be two parties, the mutual
consent of both is always necessary, in order that such
commerce may at all exist ; that whatever its mature
may be, whether of ancient or modern date, whether
with Colonies or with possessions of a different descrip-
tion, ft ma the moment it doe; esist, it becomes a fit
inflect for negeciasion ; and that there is no reason
is•by an agreement should not, on that, as on any other
specks of trade, lie fnunded on terms of just Reciprocity
*Rough relating to Colonies, from an intercourse with
which foreigners had formerly been, and might again
be, excluded.

The various relaxations of the Colonial system of
Great Britain, as they neverwere, nor could have been
intended for the benefit of the United States, and as they
were always accompanied with restrictions exclusively
favourable to her, could not be viewed as a boon to
them, and never were accepted as such. The extent to
which the commerce, when not laid under ,too severe,
testsictions, was carried on between the United States'
and the British Colonies, is an irrefragahle proof that it
was equally advantageous to both parties. If einally
advantageous, there had been no favour conferred on
either side, there was no ground for a pretension by
either party that the lasercourse should be regulated by
turqu al conditions.
Na such pretension had in fact been advanced. The
ptoposals made by both parties, during the negotiations
of the year 1824, were avowedly founded in a fair re-
ciprocity, and brought the parties very near together.
Usable still to agrre oa some points, it was concluded
to suspend the ntgociatiou, with a distinct understand-
ittg that it should be again renewed at some con-
venient day.

Mr. King was. in ISM empowered to treat en all
the subjects of the previous negotiation. He was in-
structed, in the irst instance, as being a subject of
more pressing urgency, to call on the British Govern-
Ment to remove the impediments which prevented the
exeoution of the St. Petersburgh Convention. If his
instructions, on other subjects, were not forwarded to
him, it was because he was engaged in discussions re-
specting that Convention, and it was believed that the
state of his health did not admit of his entering at that
time upon the more arduous duty of resuming the sus-
pended imp ci

Of this his Majesty's Government appears to have
been fully aware. On the 22d of March, 1826, Mr.
Vaughan addressed an official note to the Secretary of
State of the United States, in which he says-
-44 I have received instrectirms from his Majesty's Go-
vernment to acquaint you, that it is preparing to pro•
reed in the important negotiations between that country
and the United States, now placed.in the hands of the
Ametican Minister in London. Mr. Huskisson has
been alseady introduced to Mr. R. King. as his hlajes-
ta's Plenipotentiary, and the Minister of State, having
the department of foreign affairs, has received his Ma-
jesty's commands to associate Mr. Addington, late his
Majesty's Charge d'Affaires in America, with Mr. Hus-
kisson, as joint Plenipotentiary, on the part of Great
Britain. The negotiations will, therefo:e, be forthw,th
resumed; and it will be for the Goveinment of the Cid.'
ted‘States to judge whether, cnn-idering the state of
health of Mr. R. King. which Mr. Canning laments to
say has been, since his arrival in England, far from sa-
tisfactory, they will joie any other negotiator in the,
commission tith him."
The President did deliberate on that friendly sug-
gestion; and the nomination of a person to be asso.
ciatcd with Mr: King was contemplated, when a letter
from him, dated the 21st day of March, desiring per-
mission to return, was received; upon which, the duty
of renewing those important negociations, devolved, to
his great regret, on the Undersigned alone. •
His instruction[ were of a character authorizing the
hope that their result would be satisfactory r his de-
-palate was hastened i on his arriiral in England, the
Order id Council of July last had already been enacted.
lade .d, it appears that the determinatioa not to renew
the negotiations on the Colonial Intel-tam-se, and to 're-
plate it ezclusively by 4ets of Pitlainent, Had been
taken before Soli,. terS, when. the Acts to that effect
Weft INUAftli. • Mad Mr. Bing been provided with the

!saute instructions, which the •Undersigned received,
they Would have been equally unavailing.
• Of that' determination, the Government of the United
States had riot the Wait notice. 0:1 the contrary,
though Mr. Vanghan's communication offered she op-
portunity of making known the intentions of his Ma-
jesty's Government, positive assurance was given of its
being prepared to proceed in the important netrocia-
tion.s, and that the negotiations would be forthwith re-
sumed, without any suggestion tbat the Colonial Inter-
course• would form an exception.
The Acts of Parliament of the year 1825, in which
that intention was to be discsvered, never were of
communicated. That of the ffrth of Juni, passed only
a few days before that of the sth of July, and not spe-
cially• repealed by it, was not calculated to elucidate
the object in view; and several causes concurred to
induce a belief, that this last Act was not intended to
affect the trade between the British Colonies and the
United States, as carried on under the Act of June,lB22.
• Tnis belief, and the reasons for it, were distinctly ex-
pressed in a letter horn the Department of State to a
Member of Congress of the 25 h of December, 1825, a
copy of which is enclosed. That Getter was published'
in the American newspapers; a copy was Emit:red to
Mr. Vaughan, and he is understood to have transmitted
it'to his Government.
That opinion was corroborated by the construction
ultimately put on the Act by the British authorities. It
was thereby. provided that certain privileges granted to
foreign ships should be limited to the ships pf thuse
countries which should comply with the conditions
therein stated, unless his MXiesty, by his order in Coun-
cil, should in any case grant such privileges, although
the conditioos had not been performed. And the Act
was-declared to come in full force and operation, from
the sth of January, 1826. It had at first been deter.
mined at Halifax, that the port should accordingly be
shut against American vessels after that day. This de-
cision was afterwards revoked, although the condition
had not been performed, and although no Order in
Council had granted the privileges in question.
It now appears that the Act of the sth of July, 1825,
(6th Geo. IV. 00.114 ) which contains no repealing
clause of former Acts, refers, under the name of the law
of navigation, to another Act of the same date (6 Geo.
IV. cap. 109); that this, although it contains also no re-
pealing clause, h understood and construed as hawing
superseded all former Acts on the same subject; and
that the actual repeal of the Act of 1822 (3 Gea. IV.
cap. 44. see. 3,4 q, is to be found in 'mother Act, also
of the sth of July, 1825 (6 Geo. IV. cap 105), entitled
" An Act to repeal the sevens' laws :elating to the
customs." _ _ _

The intricacy of those several Acts, and the difficulty
of understanding their precise meaning, of ascertaining
what parts of former Acts were actually repealed, and
what still in force, a difficulty which, in the casesof the
Jubilee, seems to have led into error one of the highest
tribunals of Great Britain, may well account for the
construction put upon those Acts in the United States;
affording, at the. same time, a sufficient reason for
a having preferred rehewal of the negotiations to a pure
acceptance of the conditions, contemplated by the Act
of the sth of July, 1825(6 George IV. cap. 114), had it
been only for the purpose of ascertaining the true intent
and meaning of the Act.
Even so late as October last, Mr. Vaughan, as ap.
pears by his correspondence with Mr. Clay, was not
provided with instructions that enabled him to give a
satisfactory answer to the inquoties, whether, according
to the British interpretation, Ametican vessels might
trade between the r ritish colonies and fo:eign coun•
tries ? and whether disctiminating duties of every species
beta abolished?

The proposition made during the last Session of Con-
gress. and to which Mr. Canning has alluded, affords
an additional proof of the imperfect undeistanding,
owing to the complexness of the several Acts of Par-
liament which at that time prevailed, respecting their
true object and intention. That psoposition was only
for a repeal of the discriniinating duties, and, if adopted,
would have been unavailing, since, not embracing a re-
peal of restrictions en tne c.rcuitous intercourse, it is
now understood that it would not have been accepted
by the British Gore' nment, ass a compliance with the
condition required by the Act of the Stn of July, 1825.
It is nest intended, by these facts and observations, to
convey any reproaches against his Majesty's Govern-
ment on account of the unexpected resolution which it
has taken; but they satisfactotily spew that the United
States could have entertained no doubt of the continued
disposition of Great Britain to settle the Colonial Inter-
course by an amicable arrange ment, and that there were
peremptory reasons for pretesting that mode rather than
to legislate on the subject.
Supposing even that the determination of the British
Government not to renew the negociation on that pohst
had been communicated or known, the specific condi-
tion on which American vessels might be allowed to
participate in the intercourse between the United States
and the British Colon;es was so expressed in the Act of
Parliament as to have required explanations before it
could be complied with.
The condition required from countries bavieg colo-
nies was both distinct and reciprocal, Nothing more
was asked than that they should grant to British ships
the like privileges of trading with their colonial posses-
sions, which were granted to th• it ships of trading with
the British possessions abroad. No regard was paid to
the importance of such colonial possessions. Sweden,
by permitting British vessels to trade with the island
of St. Bartholomew, was allowed privileges which were'
offered to the United States on very different terms.
And, with the exception of some of the German Stater,
those terms applied to no other maritime Power than
the United States. All this Great Britain had a right
to do; no complaint is preferred on that account ; it
was the condition which was required trout them which
they had to consider.
The condition was, that the United States should
place the commerce and navigation of this country,
(Great Britain), and of its possessions abroad, upon the
footing of the most favoured nation.
Had the condition been limited tothecornnserce and
navigation of the British Colonies ; had it been so in-
tended and expressed, as that the United States might
have satisfied it, by placing the intercourse between
their dominions and the British Colonies on the same
footing in every respect, as the intercourse between the
United States, and the Colonies of the most favoured
nation; the condition, though not altogether free of
objection, would at least have been apparently recipro-
cal. To require besides, that it should be extended to
the commerce and navigation of Great Britain gene-
rally, that it should embrace that intercourse between
her and the linked States which is regulated. by.a spe-
cial convention, that they should grant any privilege in
that intercourse to British vessels, not stipulated by *jut

leonvention, as the price foi the permission of trading'
with the British Colonies, was a total departure front
the principles of a just recikreocity. a
But it appeared also exttemely difficult; if at all pos-
sible, to understand what was meant—by placing that
commerce and navigation on the footing of the most
Wowed nation.
If Great Britain only asked to be placed on that foot.
ingi on giving the same equiealeat which any other fo•
reign nation may have given to the United States, 1•t
order to have privileges which she does not enjoy, the
navigation law of the United States has already made
provision In that respect. There is no privilege enjoyed
in the United States, by the commerce and navigation
of any foreign nation, which Great Britain may not ob.,
lain, by allowing to them the ume reciprocal aJvan-
t ages which they enjoy in the ports of such foreign na-
tion, and on which such privilege depends. To com-
ply with the condition thus understood, tl,e United
States would have had no new act to perform. This
could hardly be presumed to hawse been the intention of
the Act of Parliament.

But if, by that Act, it was intended to require, as the
condition fur allowing to American vessels • the privi-•
lege of trading with the British Colonies, that the corn-
merce ani navigation of Great Britain and of her pos-
sessions abroad, should, without any other equivalent,
be generally placed on the same footing with the com-
merce and navigation of any other foreign nation,which,
by reason of reciprocal advantages allowed to American
vessels, may, now or hereafter, be entitled to greater
privileges than Great-Britain now enjoys, the condition
was inadmissible. _ _

British vessels, and those of several other nations,
may, now, by virtue of treaty stipulations, or of other
reciprocal regulations. import into the United Slates,
articles of the pro; nee or manufacture of the countrie,
to which such vesselS respectively belong, on the same
terms, and on the paynseht of the same-dutiei of ton-
nage, and on the ca•go, as if imported in American
vessels. In every instance the privilege is teciproeal,
and will cease with respect to any of thos countries,
whenever vessels of the United sates laden with pro-
dace of the United States may cease to be admitted into
the ports of such country on the same terms as its own
vessels.

Inconformity with the Navigation Law of the United
States, the prohibition to import, is foreign vessels,
merchandise not the produce of the country so which
such vessels respectively belong, extends only to the
vessels of such nations as have adopted a similar regu-
lation. Great Britain is accordingly one of the few
nations to which the prohibition applies.
In pursuance of the treaty concluded in December,
1825, between the United States and Central Ametica,
whatever may be imported into or exported front either
count, y io its own vessels, to or from.aoy foreign place
whatever, may, in like manner, and on vayment of the
same.duties, be imported or exported in the vessels of
the other count; y.
If, therefore, it was.meant by the condition reqoired
that the commerce and navigation of GI CA: Britainasad
of her possessions abroad should be gratuitously and
generally placed on the footing of the most favoured
nations, the United Sta:es, in order to comply with it,
and, as the ;nice for perm ssi.in to trade with the British
Colonies, would have been obliged-1. To admit the
impoit.t.ion of British meichandize in Briti.h vessels,
on the same terms, and on paynient of the duties, as if
imported in American vessels, although the Convention
of 1813 !should have expired, and vie corresponding
privilege was no longer allowed to American vessels in
Hellish port.'.-- 2. To admit the iMportation, in British
vessels, of the produce of evely foreign country,. al.
though the impottatnin into British pits of the like
produce in Ammican vessels should still be prohibited.
—S. If the condition was intended to apply to privi-
leges granted subsequent to the date of the Act sif Par-
liament, to admit the impo:tation of such futeign pro-
duce in British vessels, even without being charged
with any discriminating duties, and generally to allow
to British vessels, a ithout reciprocity, all the reciprocal
advantage, to which the. vessels of Central Asirmioa
are entitled.

'll this was not the intention of the Act of Parliament,
if the words " commerce and navigation of this coon-
try," were meant only to include the circuitous inter-
course, the expressions used to convey that meaning
must be admitted to have been much too general.—
This last interpretation has been suggested only by the
observations that have ()mated in the course of Mr.
Canning's correspondence with the Undersigned. If
such. or any other admissible construction was inteoded,

the most obvious way of prrvenring both an erroneous
interpretation of the condition, and any unfounded e:•
pectations, yn reference to a renewil of the negociat ions,
would have been an vflicial communication of the Act
of Parliament, accompanied with a full and free eapla-
nation ut the condition required, aid of the intentions
of his Majesty's Government en the whole su►ject.
The Government of the United States is animated by
the most sincere desire to maintain with that of Great,

Britain not merely the forms of courtesy and amity,'
but to cultivates cerdial and lasting friendship, to settle
every controverted question between them upon prin-
ciples of justice and reciprocity, and by an enlarged
liberality in the'r mutual intercourse to advance the real
prosperity of both.
Entertaining this desire, it has learnt with regret the
ie,olution of his MAjesty's Government to close the door
against those friendly explanation', and that free and
mutual exposition of the wishes and views of the parties, 1
so essential between two nations whose interests and
happiness are so interwoven as those of Great Britain
and the United States, and which can be bat partially
and imperfectly interchanged, if mutual legislation is
substituted to negociati.iu and to the ordinary moody
of treating.

As the-only alternative which this course has left, it
was the President's intention to lay the whole cones.
pondence which has passed between the two Govern.
ments on that subject, including the instructions given
to the several American Ministers near his Britannic
Majesty, before Congress at their present Session. It
will remain with that body to decide, whether the Colo-
nial Intercourse shall be altogether closed? whether
that portion of it left open by the order in Council
shall continue so, or on what conditions compatible
with the interests of the United States that trade
may be placed ?
The Undersigned has been further instructed to give
at the same time to his Majesty's Government, the as-
surance, that notwithstanding its late decision, that of
the United States will be ready, at Washington, or at
London, to treat of the Colonial Intercourse, whenever
it may be the desire or inclination of Great Britain to
negotiate on that subject.--The undersigned, &c.
(1110201) LIII:RT LIkATIN.
The ltigkt Ilea. G eorge Casaba, &c.

-LAW INTELLIGtRCE.
COURT OP CHANCIRY, Yearn es.
to Irma warren or rite ioaesaterTla UK.
The Lows Cumseet.i.tia said. that be had read the pawn in thii
' cue nail he ws stilton blind, add still be was at a lOU to know
what the real question in the emitter was.
Mr. Mortara said It was elattly after t, 64
been declared dear and itoinputabie.isankrupt law that one parties:
could not prove spinet the separate east* or shather pastner mit
after all the joint creditors had been paid, eat partner, mad the
put In• daitn against his tanner's property, Ned have a dividmy
reserved upon it ontal after it tries knows wheditr dr not livid
creditors *mild be paid in tall, without being cangelled to Lao
rettottrao to that dividend ?
After a few observations at the Ss;

ilia Lotman. said, that cow that Ie toolinsitat the point f„,
hk
decision was. he would again loot oast tie macs, and uat.L.4,
opinion on Saturday morning.

Ortaa-doVst. —c *atl.R Watital.
Mr. &Mew said, that his client bad found it laminable vihr,,,
the other side to any arrangement, and he felt kimw.l
necessity of drawing his Lordship's atteritikm again to thi.toe „t
the manner in which theplaiutlbasbeen tied up was presiaist. •
destruction to the °pets 13,•use. as well as to all pa:Le. int
Mite.
in it. The ulterior part of the present rodeo iris, th 41101, „„..
thin. mad. by the defendant utdbt be dims:ivied with sot., sod the.
the canoe might immediately beset down for hearing,
His Lonnante deified Mr. Sogden to tale an order accord -
to the latter part of the prayer, the eth.r side aid
kg.
within ten days comply with the of prating in an amen, itz,
upon the payment of all cont.

ValVll.lllolll 0# SUMIONI.
31r. Kamer, shortly after. tits riga/ of the Can, stated that a'
client of his who had been attending the Court iu csaaleee„
al
his caste Whig set dews fat lansim that day, ha l hem trellt4
upon sivikpraerts, when creeds, Lincobirido.striare, se hi, e„.
directly frees the Coot to his MINN He dierefere applied to a.
Lordship se mead to Mai ail ragetka so which, tinier ,nth
circanistaases, the stal=g2o Leadaldp's Calift WIRC entitled, by
unisehlg theta te be forthwith.
The Less CNA:smuts *aired if the Alto who had made the
attest was In attendance ? •
Mr. Ramie said he did 01411/11 hies fa Cesrt, bit *On of the
application, whistle was email 411, allay* id the aim fact had
been served upon Mal hall II beet ma, mad Ids residence siss
Clancerplane.
The Lem Cassnimas jammed VD male to the appladon, hat
told Mr. ICiaht to !deaden is at the Mai of the Con
.Wbss W r rose, Be dbeeted Mr. Elliot Le mad list'
ID ide pleas reeds. --•
ADMIRALTY COURT, MAROS it
its oastris."--csa sat dolt a arm

In this case Lientenant Low, ot his- Maiesti's ship Titian;
claimed to Mare the usual bowl fit the capture of a Spanish'
brigantine, named the Orestes, Which emaMtoed 265 sloes.
It appeared that the [lntim was ordered by Admiral Halstead;
who commanded on the Jamaica statism to cruise elf the island of
Cuba, to prevent piracy and dams trading, ks company with the
Lion. The slave vessel was attacked by the Uinta, but esstared:
by the Lion, and it was cootended that the rapture was Nude who
the former vessel was out of sighs,aod therefore bad as right is data
Lord Srovriu. said be would not give any decided apinkooll
the ease until be looked through the papers; but his present spiam
was, that the party claimiog to share, as joint caps er, was not likely
to establish his claim.