The enquirer. [volume] (Richmond, Va.) 1804-1815, 1806-02-13
THE MEMORIAL
OF THE
MERCHANTS AND TRADERS


CIT OF BALTIMORE,
PREsiDxNr OF TINE UNITED STATES, anitte Sc
nate and Ha4s Of Rsp,siStatirs' Of tie Uaid States
sf dmeriao an C0ngrei eGenSlss.
2tnY nss1o-aifs beg ;eave rg4sfy to Ibn;. to Your
eosfSera,ion tie foH.zcin, Gaiesmt a~d rsss,7a7,,
p,od4ety BY a 6fs,ii,S Of CIR public e3ab' kiSb
yyee critical a.a ,riicr, SID Peculiarly a:siiss tie
commerce Of ,ceir country.
IN the early part of the late war between Great
Britain and France, the former undertook to prohi-
bit neutral nations ron all trade whatloever with the
colonies OF the latter. This exorbitant pretenion
long periilted in. II loon qualified in favor
of direct trade between the ". States and thefe
lones, and fone years afterwards farther relax
ed in favor OF European neutrais. The u. States
Icing thus admitted by the exPrefs Acknowledgements
OF Great Britain, TO direa trade. without limit be-
their ports and the co,onie. Of the oppoli,e
beligerents ants,,er trade naturally and necelarily
grew out Of it, or rather formed of its principal
objects and Inducements. The furpus of tie colo
nal predace, beyond our own conGunption, import
ed here, was to BE- carried e,iewhere for market,
and it was accordingly carried Europe, Sometimes
by the original importer iome,ines by other Anne
ric1n merchants, either in ; vefes in which the I'M
PSssa;:an was made, in others. In the courfe
OF this traffic IL wasu,derood be the fenfe OF c. Ir-
tain, and explicitly declared byher courts of prize
that, although fhe had not expressly allowed to the
merchants of the U. States by the letter OF her re-
lAxltion Immediate trade between the colonies
OF her enemies and the markets of Europe, yet tina,
circutnus trade to Europe. in the production of
thole colonies unexceptionable, and tina, nohn
more war neceilary make TO- than that the con-
tinuity Of the voyage fheud be broken by an entry
ard paynen, Of duties, aud the landing Of the colo
fiiu cargo IN the U. States During the greater part
otthe laFe Var, and the 6rl years of the preient,
this trade was iscurey profecuted by merchants
IN the FORM which Great Britain had thus Thought
1T 10 give it. The modification of "a traffic in ittalf
ened to be free was fuhu,:t,cd our part with
out repmng bceauie prcfcned dear & dcfia.erule
Ct conduct, which, aho unauthorized in the lipht of
Eris;jtion, was greatly iconvcnent in its prac-
fieai operation and your memorial;fls entertained
.'sonhdert hope, that, while OF the one hand tb.v
fought no change oflyre,G, by which the aIunption
or Great Britain to ir,poir terms, however mild i'm
their character md effect, upon their lawful COM
merce, th0hd he repealed: the othrIf Hand !,
would not be derea that tire cate of ,hffIIrs, Which
O q. had herlef prelcrbed & which ure * htbit had
rendered familiar and ineligible 70 all fiiud be DIFF
thbed t-oppreilve Innovations lar efs that tbe(e in
novations should by tyrannca retroiretion be made
tojutify the eizure and concationof their proper,y
committed to the high leas, under the Of the
exiting rule * without warning Of the infer led chang
In this their Jatt hope, your orialis have been
fatally disappointed Their velles and effects IN
large amount, have lately been captured by the,nn
minonea CRITTERS Of G.. Britain, upon The foundation
OF new principles, Suddenly invented asd .applied to
ens hahitual traffic and fnggeHcd and ,,rop,iy,,teJ
for the fri time by fantcnces of condemnation b,
which unavoidable ignorance has been co,id.red a.
criminal. and honorable confidence in the iu1ice
o' friendly nation purified with penalty and for
fixture. "
Your nierloria!ihs in no ftuation to ffatc tbe
p-ece nature OF the rules which their inportan,
utere fits hesr r.
leait vt their complaints a,ainh them that thew are
undefned and unbelievable, equivocal in their form
and the 1T inttruments of opprefion, by realoa Of
their ambiguity.
Your memoralids know that the circumGanee,
which have heretofore been admitted to give eosl;ry
W their trade, in colonial productions, with their
European friends, protect it longer but they have
not yet been told, and not foen likely 20 learn
what other circumstances will be fnfrred 10 produc.
the coifeqDenee. Il is iuppoied TO have been ;ud
oiaiy declared, in general that voyage undertaken
for the purroie Of bringing ino the IT, s. the produce
ot the beiugerent colonies, purchafed by American c
sizens ba II Ii sPpeara be intended tbs, thi. pro-
duce fhaii ultimately go to Europe and an a.
tcmih IS actually made to re-export and ferd l. tb;
Their, be eonidered, of that intention. 40
direta voyage to Europe, and therefore Illegal, not
wthhand!ng any temporary interruption termina-
tiou oft in the u. S.
Your rnstnorisias will not here aop to enou;rs
upon what ground Of law reafon the fame at is held
to be fegrl, when commenced with one intep,;o,
aud Illegal when undertaken with another bu, tbey
object in the Hrongeh terms agan(t this new criterion
OF legality, becauie of its inevitable tendency IN in
jntice, beeaue Of its peculiar capacity to ernbarraf
with fezsre, and to ruin with conifcstion the whole
OF our trade with Europe in tha rplus of our colonial
InP1rtaticnS The enquiry which the late fyaem
Indicated was hort and Simple, and precluded error
all fdss, but the rcaement iubiitutes in It's
place watt field OF Speculation, oyerihadoyved with
doubt and uncertainty, and of which the faint and
hitting boundaries can never be dittiniy known
Intention to the sbjc of colonial yoyage, NAV
be inferred rom nsnerous circumstances more or LET'S
coneufive. To anticipate them all is obviougv inn,
practicable, and Of coure guard againiH the infer
enees in ribs rcfpeef which Britih esp.ors and Br;
tin courts r,ay be difpo(edt draw, will be mp,Gbls
Our property is, therefore, menaced bya yrea, and
formidable danger, which there are no mean, of epd
og for even lift hould chance tosefcape theIcopde
nation which this perncious novelty prepares for il
the wound iifl'cted upon our commerce., by arrea,
tions on uipcion and detentons for adjudication will
be deep and fatal. The efforts of our merchant will
be checked and ddeourayed by mere than ordinary
I5qmfticn,; eur bet concerted enterprizes b-ol.,
mp, withou, the hope of retrbution, or even rein.
burfernents for a9ual COTS, upon the footing of an
intention arbitrarily iuputed and tb,, ,,I,' L.