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

ven up by the stipulation, there wonld have
been no necessity tcr that contained in this.
The remark is equally applicable
10 the other case. that Of the number to be
admitted nj one time. AS that must be an
affair of special and strict regulation, an eX-
ception which admitted more, by securing
rights to them in case theyentered, would ne
cessarily defeat the Limitation in itself
The stipulation which relates to the good
treatment of the officers of each party in the
ports of the other, being reciprocal, contains
no reflection on one which is not applicable
to the other; and will venture To affirm that
it IS equally necessary III regard to Great
Britain rs to the United States. 1t is we'll
known in respect to the latter, that the pas
sions, which were excited BY the revolution,
did not long survive the struggle that the
sword was no sooner sheathed, than the ca
lamities of the war were forgotten. The i'm
jured are always the first to forgive, 1t is,
however, just to remark that time has essen
TALLY efTaceI, from the people ofbcth nations,
the hostile impression which that arduous
conflict produced.
The Esd article was thought to contain an
useful stipulation by securing to the United
States the advantages IN navigation and COM
merce, which Great Britain might after
wards grant to any nation. That stipulati
OH was obviously founded on the right of the
most favored nation, and subject of course to
the conditions incident to it. 1t amounts to
this. that if Great Britain should concede a
ny accommodation to another power in COM
merce with her East or West India colonies,
OF any other part Of her dominons. gratuit-
ously, the United States would be entitled to
it ON the same terms buff she made such
accommodation in consideration of Certain
equivalents to be given her in return, that the
United States would not be entitled TO those
advantages without paying the equivalents
The doctrine is the same in its application
to the United States. If they could grant any
privileges in trade to France or Spain for adj
mission into their West India colonies, G.
Britain would be entitled to the same, pro-
vided she admitted the United States into
her islands also, and not otherwise. l could
not perceive therefore now il was possible
that the United States should be injured by
the stipulation contained in this article
while it was probable that they might derive
some advantage from it. 1t could not res
train them from passing navigation act to
place them on an equal footing with Great
Britain, ifit was made general or applied on
Iy to her and the other nations having such
acts The right to pass such an act was not
taken away by any other stipulation in the
treaty, and there was nothing in this article
that had such tendency. The terms "shall
continue to be on the footing of the most fa-
vored nation. &c" refer to the principles
established by the preceding articles and
not to tine existing laws or regulations of Ell
therpa 1.-THE lntterwas the case, it would
follow, that the tonnage duties, the discrimina-
ting duties &c. would remain as they were
The proceeding aaticiss were intended, in
the points to which they extended, to esta-
biish standard of equality between the par
ties, to which the regulations of each, whe-
Their they exceeded or fell short of it, should
be brought. 1t could not be doubted that the
b. export duty was of the FIRST description that
1t violated the principle ofthe most favored
ration. The British commissioners admitted
the fact, and did not pretend to justify it on
that ground. They urged in its favor only,
that the same duty was imposed on exports
to their own colonies III America and that
if any change was made in it to satisfy the
claim of the United States on the principle
OF the right of the most favored nation, it
would be to raise it on the goods exported to
StiiiST Countries ,,ut 10 reduce m t,use sent
to the United States The principle, howe
yer established by this article, being appli-
cable to that duty, it was to be presumed
that it might fairly be relied on to obtain a
modification of it. either by reducing the
duty on exports to the United States, or rails
ing it on those to other nations. There is no..
s
from adopting measures to counteract the
British policy with respect to the West In
dies. If that object, had not been securedby
special article, from the possibility OF being
affected by the others, the principle, esta
blished by the present one, could not have
affected it., otherwise than benehcially. "a.
Having replied to your objections to the
Several articles of the treaty, and the pa
pers connected with it, and given our view
of them. / shall proceed to make some re-
marks on the whole subject to do Justice to
the conduct of the American commissioners
In that transaction.
In every case which involved a question
OF neutral right, or even of commercial &C
commodation, Great Britain was resolved to
yield no ground which she could avoid, and
was evidently prepared to hazard war, ran
Their than yield much. There seemed to be
no mode of compelling her to yield, that
that or embarking in the war with the oppo-
site belligerent. on which great question it
belonged to the national councils to decide.
we had pressed the claims of the United
States in the negotiation, to the utmost-l Ii
init that we could so, without provoking that
issue. 1t is most certain that better terms
could not have been obtained at the time we
signed the treaty, than it contains.
The state of the war in Europe suggested
likewise the proprety of caution on our part.
Russia was then on the side Of England and