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

are to be held essential, proceed to notice such
others as, though not included in the ultmatum,
| best exertions. This will be most conveniently
done by review ofthe several articles in their
numerical order $685.
The I'D 4th & 5th, all relate to-the trade & ma
VACATION between the two countries, The two
first make no change in the stipulations of the
treaty of 1894. The last has changed, and much
for the better, the provisions ofthat treaty on the
| subject OF tonnage and navigation.
Two important questions however, enter into
| an estimate ofthese articles.
| The firstis, whether they are to be understood
| rs bar to any regulations, such as navigation
acts, which would merely establish a reciprocity
with British regulations From the construction
which seems to have been always put on the
same stipulations in the treaty of1794, it is con-
Guided that no such bar could be created and con-
sequently that the articles are in that respect I'M
| exceptionablc. 1t may be well, nevertheless, to
ascertain that the subject is viewed in this light
by the British government.
The second question is, whether the parties
be, or be not, mutually restrained from LAYING
duties, as we'll as prohibitions, unfavoraby dis
terminating between articles exported to them,
and like articles exported to other nations.
According to the construction put by the
United Safes on the Same clause in the treaty of
l794, the mutual restraint was applicable to dis
| crimi nations of both kinds The British discr-
minatmg duties on exports, introduced under the
name OF convoy duties, and since continued and
augmented under other names, were accordingly
combated, during the existence of the treaty, as
| attractions ofits text. The British government,
however, never yielded to construction, Ell
Their in. discussion in practice. And it APP
pears from what passed in your negotiations on
this subject, that tho construction which is to
prevail, admits discriminating duties on exports
In this point of view, the stipulation merits
very serious attention. 1t cannot be regarded
as either reciprocal or fair in principle or as lust
| and friendly in practice.
In the case of prohibitions, where both go
vernments are on an equl footing because it is I'M
derstood that both have the authority to impose
them, neither is left at liberty to exercise the au
thority.
In the case of duties, where the British ge.
vernment possesses the authority to impose them
but where it is well known that the authority is
withheld from the government of the United
states by their constitution, the articles are silent
ana OF course the British government is left free
to impose discriminating duties on their exports,
whilst no such duties can be imposed by that of
the United States. How will it be in practice !,
stating the exports of Great Britain to tho United
states at SIX millions sterling only, the present
duty OF four per cent, leves tax on the United
states amounting to 240 thousand pounds, or one
million, sixty five thousand, six hundred dollars
ana there IS nothing, whilst the war in Europe
checks competition there and whilst obv;oi,e
causes must for long time enfeeble it here; that
can secure us against further augmentations of
the tribute
Even under regulation placing the United
States on the footing ofthe most favored nation,
1T appears that the Brtishgovernment would draw
INTO Its treasury from our consumption three
Fights of the revenue now paid into it by the
u. B Such afooting, however, would be material,
as givnglthe United States the benefit of the
check accrung from the more manufacturing state
OF the European nations. But to be deprived of
that check by the want Of an article putting us on
the footing the nations most favored by Great
Britain, and at the same time deprived of our own
checks by clauses, putting Creat-Britain on the
commercial footing of the nations most favored
by the United States, would in effect confirm a
foreign authority to tax the people of the United
States, without the chance of reciprocity or re-
dress.
The British duty exports of the u States
mas another effect, not entirely to be disregard
ed proportionally augments the price of Bril-
tlsh manufactures, re-eXportcd from the United
states to other markets, and so far promotes
direct supply from Great Britain, by her own
merchants and ships. Should this not be the eff
feet OF her regulations as now framed, there is
nothing that would forbid change of them, ha-
wing that for its object
On these considerations it is enioined up
on you by the President, to press in the. stron
gest terms, such an explanation or amend
ment OF this part of the treaty, as will. if
PoSSiolS, restrain 1reat-brltaln altogether
from taxing exports to the United States, or
at least, place them on the footing of the most
favored nation, or if neither be attainable,
such change in the instrument in other
respects, as will reserve to the United States
the right to discriminate between Great
Britain and ether nations in their hrohi6iti-
on OF exports, the only discrimination in the
case OF export, permitted by the constitute
on. The unwillingness of the President to
risk an entire failure of the projected accom-
mediation with Great-Britain restraints him
from making an amendment of this part of
the treaty, a sine qua non but he considers
1t to be reasonable, and so much called for
by the opinion and feelings of this country,
that he is equally anxious and confident with
respect to a compliance on the part of the
British government.
ARTICLE 6-This article, as taking the
case of the West-India trade out of any ge-
neral stipulation of privileges granted to
other nations, may prove convenient, by dis
ihcumbering measures, which may be taken
against the British monopoly, from questions
OF which, that stipulation might otherwise
be susceptible.
ARTICLE 7--Though to remain if desi-
red, would be more reasonable, without the
last paragraph, or, with right only, to
except places and periods. at which the
trade of the other party may not be permit
ted
ARTICLE 8.-This article is framed with
more accuracy than tba 1ztH nv, tlo eo,,,