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

4 The British commissioners urged thst as a.
Britain predominatcd at sea, and must lose
tby the concession in any form, it would be un-
gust for her to make the concession i'm thei,
favor, unless they would allow her the adj
want s. Sc at II. Finding that !. WAS ;.s,.ass:
BILE to extend the additional limit to othe,
lpowers,' on other terms, we thought it adyi.
sable to adopt the arrangement in respect &c
Ethem conditidnally, putting it in their powe,
to accept or reject it, as they thou yht fit
We battered ourselves that as they could no,
lose by it, they would not refuse their assen,
20 An arrangcmentby which they might gain,
especially as it would prove advantageous tc
Il friendly power. We deemed it highly i'm
portant to establish the additional limit in
favor of the United States, from the advan-
| tage 1t might afford to their commerce with
In It, and from the effect which the measure
seemed likely to produce on the future con-
Duct OF the British squadrons on our coast
| by whom it could not fail to be considered as
severe censure on the past.
1t is readily admitted chat more suitable
terms might have been adopted to accom-
plish the object in view. But it ought TO be
| recollected, that as the right of Jurisdiction
imposes of necessity, the obligation of protec
ton, without a special exception to 1t, there
| was some difficulty in making an arrange
| ment which should secure to the United
States the advantage which they desired &
| at the same time exempt them from the duty
| Incident to it.
10 your 9th objection, little need be added
to what is stated on the subject of it, in our
| letter or January Sd, 1907. AS the paper of
the British commissioners to which it relates,
mad no sanction whatever from us, as was
fully shewn by that letter. the objection can
not be said to apply to any part of our con-
duct. he paper was produced by the de-
cree OF the emperor of France, of the 2lst
November, 1906, and was intended BY the
| British commissioners, to operate as reser-
vation OF right, in their government, not to
rahfy the treaty, or not to be precluded, I'M
aer certain circumstances, in case it did ra-
thy 1t, from adopting such measures, as it
might md necessary, to connteract the re-
strictlons imposed by that decree. TAe ex-
ercise ct the right reserved was made de-
pendent on the abandonment of the princi
pie OF that decree by the French govern
ment, or an assurance from the government
OF the United States, or such conduct as
would be equivalent, that the pretension
would not be submitted TO by it. We ap-
prlsed the British commissioners that our
| government would enter into no engagement
whatever, of what it could do, in any case
with another power. Had the treaty been
ratified, even without any notice being ta-
Ken OF that paper, it could not have imposed
the slightest obligation on the United States,
either to perform any act on their part, or to
submit to any, OH the part of Great Britain
had supposed, however, in the case of ra-
tIhcation. that we should have Been instruct
ed to present to the British government, with
the instrument of ratification. counter-de-
| claration to that effect. The whole subject
was before our government, with our strong
and decided objection TO the paper All
| that we could do was to transmit it to YOU
| with correct statement Of what had occur
red in the negotiation respecting it, which
we did. To the government it BELONGED to
take the step which the occasion required,
not tous.
Having noticed the objection which are es-
pecialiy stated in your letter of May 90,
1907, and given our view of the several parts
of the treaty to which they relate, Shall
proceed to make explanatory remarks or
| the other articles, in order to do justice to
| the conduct of the American commissioners
in regard to them.
ARTICLE yc;; adm. t t: ~; : 81 {:
IS an essential Improvement of that on the
same subject in the treaty of 1894 1t GER
family improves it in two important interests :;
lst, In that of the navigation of the u States,
and Cd, in that of the duties on American
productions carried to the British market
ports had been raised to sterling
per ton, while that OH British ships in the
ports of the United States was only so cents,
or 2s Sd. per ton; and the duty on the bull
KY productions of the United states, in Anne
rican bottoms, had been raicsed to ouch a
height, under the countervailing regulations
which the treaty allowed, as to secure, in
time of peace, the entire carriage of those
productions to British vessels, if indeed, it
did not materially affect the price of the ar
ticles themselves. What made it more I'M
fortunate was, that the United States could
not adopt any measure to remedy those evils
without committing direct and palpable vi
olation of the treaty, as they were bound by
it not to raise the existing duties higher than
they were at the time the treaty was
concluded. Those evils would, however,
have been completely done away by this ar
ticle. BY it the United States would have
had a right to raise the duty on British
vessels to any height TO which the British go
Vernment might raise it on theirs, a check
which could not fail to provc adequate to the
object, whiie they had also "A right to give
what preference they thought fit to their own
vessels, which might be done by reducing
The duty OH them below the tonnage which
was imposed on those of Great Britain
ibis arrangement secured to the ". States
an advantage which Great Britain could not
countcrvail, as the necessity she is under to
e.