The enquirer. [volume] (Richmond, Va.) 1804-1815, 1808-05-21

construction of that clause in the former ire,
{? Il soiiiiti oie aud tii;,t nothing is con-
tanned in the Esd article of the present ON.
to discountenance it. 1t is certain that NJ,
government will ever tax exports higher than
indispensable necessity compels it, because
such tax tends in all cases essentially to
check industry, and to destroy the most oro-
auctive source of national prosperity. The
inhibition imposed by the constitution of
the United States on the congress, to tax. in
the slightest degree, their exports, affords a
strong argument, drawn from the arknow-
lodged wisdom of its trainers, against the
policy OF such a tax, in the abstract: and +
am persuaded that the reasons against IL
are as strong with Great Britain. if nof
stronger, than with any other nation. With
OUT taxing more comprehensive view of
! the sun(ect, 1t is sufficient to observe, that
tax on British exports must operate as q
| bounty in favor of American manufactures
| whicn are already in an advanced state, in
CERTAIN parts OF the union. G.. Britain must
De sensible OF this fact, and aware of the en-
couragement which the present export dutv,
gives them, and of the consequences atten.
dlngi should presume that there was NOT
much cause to apprehend, that she would
tax the export of her manufactures to the
Ohiteo states, to prevent their being sent
thence to other countries. The sole effect.
OF s'ich a tax would be to secure to her own
vessels the carriage Of the articles, if indeed.
that were attainable. In both cases the
manufactures of Great-Britain would be thee
SUBJECT OF the commerce. The supply of the
great, the productive and INCREASING mar.
kets OF the United States, must be a, pri-,.
mary object of British policy, and Great
britain would doubtless be cautious not to
|. ha2ara 1T Tor one comparatively of much
less Importance.
ARTICLE 6. AS this article was approved.
shan only observe, that / considered the
reservation contained in it important, as it <
enabled the United States to countcract the
BRITISH policy, in respect to the trade with
the west indies, which is the object of it.
by means the most efficacious, whenever
they should be resorted to. The trade of
Great-Brltain with the United States is car
rled on .principallyby circuitous voyages, in
which her vessels pass from the ports of the
United States to the West Indies By sus-
pending the intercoursebetween the United
states and her West Indies, in British ves-
sells, the chain would be broken, and the
"hoie commerce in such vessels be, in a
great measure, suspended. The provision
in the article obviously looks to such an OBJ
Ject, and the time ofcarrying it into effect un-
less the trade should be placed on satisfac-
tory ground. would have depended aftoge-
Their OH the United States =
are embraced by the following articles, I
shall add hnt little more, on any ef them, &c
what is said in our joint lettss of January Sd.
1907. The 9TH was taken literally from
the treaty of 1884. The Sth and 9th amen
ded, as you allow, the articles in that trea-
ty on the same subject. The 10th, relative to
blockade, taken in connection with the Bri-
tish paper of December 81, 1906, placed,
as presumed that interest on ground which
would be satisfactory. The preamble can
not affect it uiifavorably, as it does not alter
the acknowledged law The only effect
which it could have, would to be admonish the
courts to be cautious in admitting evidence
OF notice, on account of the distance OF the
United States from the blockaded ports. It
was supposed to give the United States a.
claim to more favorable rule in respect to
siaeiice, ti;s; was, allowed TO powers more.
contiguous to the theatre of action The
doctrine contained in Mr.. Merrv's note TO
you wasnot contested by the British commits
sioners. 1t is, OF the contrary, maintained
In their note to us of December 31st; 1906.
IN which 1t is asserted to be notorious "that
the king did not declare any ports to be in
state OF blockade without alIotsing to that
object force sufficient to make the en-
trance into them manifestly dangerous"
quote the passage in their note to observe.
that the doctrine is not made conditional or
any other part OF 1t, but is laid down as the
established law. 1t justifes the additional
remark that the preamble was not intended
and cannot be construed to alter the law
1t follows that it cannot produce any other
effect than that which is above imputed to
it.
The 18th article relates to the search OF
merchant vessels, and differs from the 10Th
OF the treaty of 1894, in the Introductory
sentence, which enjoins it on the command
ers OF ships of war * privateers, to observe
In the course OF the war, which NAV then
exist, as much as possible the acknowledged
rules and principles of the law of nations !:
and also in the penal sum (which it encreas-
esJ to be given by the commanders of pri-
vateers before they receive their commssi-
ons, as security for their good conduct un-
der them. 1t was supposed that in this as
In the preceding case, the law remained un4
touched, and that the stipulation produced
no other effect, than to enjoin it OH the go
vernments respectively, to be particularly
attentive to the conduct of its officers in the
respect alluded to-
The 18th article and the paper of the Bri-
fish commissioners of the 31st of December
1906, obviously looked to the Russian con-
vention as the standard of the acknowledge
ed law respecting the search of merchant
vessels and blockade. That instrument was
10 It.