The enquirer. [volume] (Richmond, Va.) 1804-1815, 1808-05-03

rations which are to be regarded essential !;
and proceed then TO such observations on the Sc
Teral articles, as viii shew the other alterations
which are tn be attempted, and the degree ofim-
portance respectively attached to tlie,n.,
1st. Without provision against in,pressments,
substantially such is contepp,ate(l in ORR
ginsl instructions no treaty is 60 DE concluded.
Cd. The eleventh article DIN the subject of CO.
ionial trade, caniict be admitted, unless freed
from the conditions which restrict to the market
OF Europe, the -exportation of colonial produce,
and to European articles, the supplies to the colo
NAL market.
Sd The change made by the Sd article in the
prov isions OF the treaty of 1894, relative to- the
trade with the British possessions in tldia, by Ii
miting the privilege to direct trade from the U.
States, as well as to them, is deemed AN insuper-
able objection.
ath Either an express proviSionis to be insist
ed on for indemnifymg sufferers from wrongful
captures, or at least saving in some form or o.
ther, of their rights against any implied abandon
ment
leave the United States free, neutral nation
to keep and place other belligerent nations on an
equality with Great Britain.
9th. No such alternative as is presented by the
declaratory note on the subject of the French
decree Of November 21st, 1906, will be admis-
siblc.
First. The considerations which render pro-
vision on the subject of mpressments indispen-
sable, have been already sufficiently explained.
Second. The essential Importance of the a
Inendment required in the 11th article, results
nom the extensive effect which the article, if I'M
amended, would have OH the system of our com
merce as hitherto carried on with the sane ton or
acquiescence of Great Britain herself.
1t was hoped that the British government in
regulating the subject Of this article, would at
least have yielded to the example of its treaty
with Russia. 1t could rot have been supposed
that a modification would be insisted on, which
shuts to our neutral commerce important channels
lett open by the adjudcations Of British courts,
and particularly by the principle officially commu-
nicated by that government TO this, through Mr.
king, in the year 1901.
According to that principle and those adiudi-
cations, the Indirect trade through, our neutral
ports was as free from enemy colonies, to every
other part OF the world, as to Europe and as free
TO such co.onies, i'll the articles of all other coun-
tries, as in European articles.
According to the tenor of the article, and the
general prohibltory principle assumed by Great
britaln, TO which II has AN implied reference the
productions both Of the continental and of the in
suiaf colonies IN America, can no longer be re
exported rs heretofore to any part of Asia or A
inca, or even of America, and consequently can
no longer enter into the trades carried on from
.ne United States, to the Asiatic or African
sh0fcs OF the Mediterranean, nor to any of the
places beyond the Cape of Good Hope Offering
a market for them nor finally to any other enc
my or neutral colonies in this quarter, to which
Al reason as well as according toPractice, they
ought to be as re-eXportable as to the countries
III Europe to which such colonies belong.
IN Ike manner the importatons from beyond
me Cape of Good Hope, more especially the cot
ton fabrics of China and India, can no longer be
sent as heretofore to the West Indies or the Spa
msh Nam, where they not only now yield great
proilt to our merchants, but being mixed in car
goes with the produce of this country, facilitate
and encourage the trade in the latter Eesides
eie effect OF the article IN abrdging so materially
our valuable commerce, the distinction which it
introduces between the manufacturers of Europe
ana those of China and India, is chargeabe with
evils of another sort In many cases il might not
be easy to pronounce on the real origin of the ar
tcleS. It's not improbable that suppositious at
tempts also might be occasionally mace, by the
least scrupulous traders. With such pretexts rs
these, arguing from the abuse made OF less pau-
sioie ones, the interruptions and vexations of our
trade, by the greedy cruizers which swarm on
the ocean, could not fail TO be augmented in a de-
gree not little enforcing the objection TO the ar
ficlc in its present form.
AS the prohibitory principle Of Great Britain
does not extend to the case of a colonial trade
usually open, and no judicial decision has profess
ediy applied the principle to such trade, it is
reasonable inference that the article will not be
so construed rs to interfere with the trade ofthat
description, between enemy colonies beyond the
Cape OF Good Hope, and other countries and
ports IN that quarter But on the other hand, it
may not be aniss TO guard against a construction
OF The article that would abolish the rule Observ-
ed IN the prize courts Of Great Britain, which,
IN the case of the eastern colonies presumes that
these ports were always open, and thereby throws
or the caPtors, instead Of the claimants the dis
advantage OF proving the fact in question
It's observable, that the duration of this article
is Limited to the period of the present hostlities
whilst the others are to be in force for ten years
so that 1t there should be peace and renewal
OF the war, as is very possible, within the latter
period, the onerous part of the bargain would
survive a part, in consideration of which, they
were assumed Justice and reciprocity evident
iy require that the more important articles of the
treaty should be regarded as conditions of each
other, and therefore that they should be co-dura-
be In this point of view, you will bring tho
subject under reconsideration and without ma
King this particular amendment an ultimatu1n
press 1T with all the force which it merits This
amendment ought to be the less resisted on the
British SIDE as it would still leave to that side an
advantage resulting from the nature of the two
great objects TO be attained by the United States
namely, the immunity of our crews, and of our
neutral commerce, which are connected with a
state OF war only whereas the stipulations valu-
ed by Great Britain, will operate constantly
throughout the period OF the treaty, as we'll i'm a
state Of peace, as in a state Of war.
Whatever term may be finally settled for the
continuance Of this regulation, it will be proper
To- retain the clause which saves the right invOlv-
ed in the article from any constructive abandon
f,.r .i.er1