SENATE.] Appropriation Bill--Colonial Trade. [APRIL 6, 1832 The fourth to the navigation of the lakes, rivers, and receipt of a letter bearing date the 19th June preceding water communications, the middle of which formed the enclosing his (Mr. Rush's) correspondence with Lor boundary between the United States and the British Castlereagh, relative to a passage in a printed report of a American continental possessions, and to trade and com- committee of the House of Representatives to that body, merce by land or inland navigation. This proposition, mentioning the rejection by the President of the four Mr. President, thus restricted, in terms, to vessels of a articles of which I have spoken, and approving that re single deck, confining our trade to short voyages, to cer- jection upon an idea entertained by the committee tha tain specified ports, and to enumerated articles, to articles the fourth of these articles would have interfered with the the growth or production of the United States, to a direct settled policy of the United States, in relation to the In trade, and expressly reserving to Great Britain the right dians within their limits. This letter proceeds: "This re of imposing higher duties upon articles allowed to be im- mark of the committee appears to have affected the sen ported into the British free ports from the United States, sibility of the British cabinet upon two grounds: first, as or from any other foreign country, than were, or might they considered that the rejection of those articles had no be, chargeable upon similar articles when imported from been previously communicated to them; and, secondir, any of his Majesty's possessions, was taken under advise- because they thought that the article in question did not ment by the then administration of this Government. bear the construction, and they explicitly disclaimed the The reasons which rendered the proposition unacceptable intention that it should bear such a construction as the to a highly respectable committee of the House of Re- committee of Congress thought applicable to it." presentatives, to whom these articles were submitted The same letter further proceeds to say, that the without explanation by that administration, are given to committee drew their own conclusions upon the probab us in a report of that committee made on the 9th day of operation of the articles, and particularly of the fourth February, 1818. After giving in detail a most gloomy They were communicated to them without comment a picture of the state of the navigation of the United States the part of the Executive. They knew the articles hat as contrasted with that of Great Britain, employed in the not been accepted, but the reasons of the non-acceptance trade; after showing that in 1815 the amount of duties had not been stated to them. It is true that the artos on merchandise imported in American vessels, from the was the same which, at the negotiation of the commercal British American colonies, bore a proportion to the amount convention of 1815, had been offered by the British pieni of duties on importations from those colonies as one to potentiaries; that the objection to it, now suggested by four, and in 1816 as one to five and a half, or as two to the committee, had, at that time, been avowed by thɔse eleven, that the amount of merchandise transported in of the United States; that the British plenipotentiaries did American vessels was two millions of dollars, whilst that then disclaim the intention of giving it a construction transported in British vessels was eleven millions, (omit-which would import the admission of British traders ting fractions in both instances,) the committee say: any intercourse with Indians within the territories of the "This intercourse appears to the committee in the worst United States, and did offer to introduce into the article possible state as it regards the navigation of the United any words which might be necessary to guard it again States, while it is in the best for that of Great Britain." that construction; and that the article was then declined After declaring that repeated and unavailing applications upon another ground." Whether there was any objecti had been made to the British Government to regulate this on the part of the administration of this Government, trade by convention, the report proceeds: "It is not, that time, to the three first articles, I have not been able however, surprising that they have been unsuccessful, to discover. Nor do I find the other ground of objectio since no adequate motive at present exists to induce Great to the fourth article any where specified. One thing Britain to arrange this intercourse by convention. The evident, viz. That the Committee on Foreign Relation offer contained in the articles annexed to this report, (the of the House of Representatives, in 1818, considered the four articles contained in Lord Castlereagh's proposition,) terms offered, with some practical modifications, such as the most rational and reciprocally advantageous of any ought to have been accepted, and would so have reports ever made, may be considered as dictated by a spirit of ed, had they been informed of the true construction accommodation which, under the pressure of adequate given to the fourth article by the British Government. motives, might be fostered into a determination to grant pass over, without comment, Mr. President, the manner all we could reasonably ask, or they be expected to yield. in which this proposition of the British minister was treate The three first articles, with some practical modifications, ed by our own Government, and shall make no inquir would, by the adaptation of our commercial laws to the into the justness of the complaints of the English mics stipulation contained in them, confining the commerce try on that account. It appears that, although this propor strictly to those articles which Americans were permitted sition was communicated in March, 1817, to our minste to carry, place the trade upon as favorable grounds in London, the determination of the Executive of the as could be expected. It would, no doubt, in a short United States was made known in England for the first time, be followed by a complete abandonment of the re-time, through the report of the committee to which sidue of the present jealous system of exclusion." The have adverted. In consequence of the views taken committee, however, commend the prompt rejection of this report, founded upon a mistaken construction, a b the proposition, because the fourth article authorized was reported by the committee, imposing burdensome British subjects to carry on trade with the Indians within charges upon the trade, if carried on in British vessels our jurisdiction, against the settled policy of the country. And for the first time in the history of the Governmen This proposition, then, of Lord Castlereagh would of the United States, a law was passed during this sess have been acceptable to the committee of the House of of Congress, for the purpose of meeting the British col Representatives, composed of gentlemen of great and nial system by direct and countervailing prohibition. That acknowledged forecast in affairs of commerce, but for act was passed on the 18th April, 1818; and notwith their belief that it was the intention of Great Britain to standing all the complaints made by the late administra claim a participation in the Indian trade within our own tion, because the famous act of Parliament of 1825 limits. That the then administration had other objections not communicated by the Government of Great Brita to entering into the proposed arrangement, will be made that of the United States, Mr. Adams, in his letter of 21st evident from the fact that the British ministry had dis- of May, 1818, says in reference to the act of Congres claimed any such construction or intention, and this was of the 18th of April preceding, "Although no formal known to that administration. Mr. Adams, in a letter to communication of this law to the British Government Mr. Rush, dated 1st December, 1818, acknowledges the be necessary, it may naturally be expected that it will APRIL 6, 1832.] Appropriation Bill--Colonial Trade. [SENATE. trade in question, have been explicitly abandoned by those who first asserted them." bition of all articles the produce of those colonies, except the produce of each colony imported directly from itself." By this act bonds were required from British vessels sailing from the ports of this country not to land their cargoes in any British American colony. noticed in your occasional conversations with Lord Castlereagh." That act closed the ports of the United States after the 30th September, 1818, against vessels owned by The law of Congress of April, 1818, declaring "a nonBritish subjects, coming from any port or place in a colony intercourse in British vessels with ports closed by British or territory of his Britannic Majesty, which, by the ordi- laws against the vessels of the United States," and the nary laws of navigation and trade, were closed against instructions of the administration to Mr. Rush, heretofore vessels owned by citizens of the United States. In the adverted to, failing to produce the desired result, Conhope that some change had taken place in the policy of gress, by a supplemental act, passed on the 15th May, the British cabinet in relation to this trade, and that the 1820, closed the ports of the United States from and after act of Congress would contribute to effect it, Mr. Rush the 30th of September of that year, against British veswas instructed in May, 1818, to renew his efforts. And sels coming or arriving by sea from any port or place in one would suppose from reading the correspondence any island, colony, or territory, or possession of Great which ensued between the two Powers through their re- Britain in the West Indies, or on the continent of Amespective agents, that both were anxious to come to some rica south of the southern boundary of the United States, arrangement, which should be mutually advantageous and and not included in the act of April, 1818. And British satisfactory. To this end, after propositions had been West Indian or North American produce was allowed to submitted on both sides, Mr. Adams, by his letter of 7th be imported into the United States only direct from the May, 1819, directs Mr. Rush to submit the draught of two colony, province, plantation, island, possession, or place articles, by way of compromise. By the first of these of which it was wholly the growth, produce, or manufacarticles, the vessels of the United States, and those of ture. In other words, the act of 1820 was, in the language Great Britain, were to have liberty to import into a great of a statesman of that day, "a non-intercourse in British number of British colonial ports (particularly named) vessels with all the British American colonies, and a prohicertain enumerated articles, the growth, produce, or manufacture of the United States, and any other articles, of the like growth, produce, or manufacture, the importation of which should not be entirely prohibited from every other foreign country or place; and vessels of Great Britain and of the United States were to be at liberty to The intercourse continued upon this footing until 1822, export from the said ports especially named to any of the when Congress, by an act of the 6th of May of that year, ports of the United States, rum, molasses, and salt, being in anticipation, as it is said, of a law about to be passed of the growth, produce, or manufacture of any of the by the British Parliament, provided "that, on satisfacabove mentioned dominions, (British West India islands,) tory evidence being given to the President that the ports and any other articles of said growth, produce, or manu- in the islands or colonies in the West Indies, under the facture, the exportation of which to any other foreign dominion of Great Britain, had been opened to the vessels country or place shall not be entirely prohibited. With of the United States, he should be authorized to issue his regard to this portion of the first article, however, Mr. proclamation declaring that the ports of the United States Rush was instructed so far to modify it, if desired by the should be thereafter opened to vessels of Great Britain British Government, as to restrict the trade to the articles employed in the trade and intercourse between the United of import and export particularly named. The vessels States and such islands and colonies, subject to such reof either party employed in the trade by this article pro- ciprocal rules and restrictions as the President of the vided for, were to be admitted into the ports of the other United States might, by such proclamation, make and as above mentioned, without paying any other or higher publish." The anticipated act of the British Parliament duties or charges than those payable in the same ports by passed, authorizing, so far as the United States were conthe vessels of the other party, and they were at liberty cerned, vessels of the United States to bring directly, and respectively to touch during the same voyage at one or not otherwise, from ports of the United States to certain comore of the above mentioned ports of the other party, to lonial ports particularly named, and none others, certain dispose of their inward and take in outward cargoes. specified articles of merchandise. Such articles as consistThis article further proposed that there should be no dis-ed of the productions of the United States were charged criminating duties upon any of the articles importable by with heavy duties on their arrival; whilst the same articles virtue of the proposed convention, whether imported might be carried to the same ports, directly or indirectly, directly between the United States and the said ports, or in British vessels, from a colony in North America to a rice versa, and when imported in a circuitous manner. I colony in the West Indies. Besides, Mr. President, a beg leave to call the particular attention of the Senate to vessel of the United States engaged in the trade was the following proposed stipulation contained in this article: required to return with its cargo procured in a Bri"No other or higher duties shall be charged upon any of tish colonial port, directly, and not otherwise, to the the above mentioned articles,, when imported, by virtue of United States; and the vessels of the United States were this convention, into the United States, or into any of the required to give an export bond to land their cargoes at ports aforesaid, than may be charged on similar articles the ports for which they were entered. The terms of when imported from any foreign country into the United this act of Parliament, incomparably more unfavorable States, or from any other country or place whatsoever, into than those of the late "arrangement," were so satisfacthe said ports. tory to the then administration, that the President, on the Now, sir, I find this pretension nowhere set up by 24th of August, 1822, issued his proclamation in virtue this Government previous to the date of this letter, of the act of Congress, opening all the ports of the United although it is inferred, from what has fallen from an honor- States to British vessels engaged in the trade between the able Senator from Kentucky, [Mr. CLAY,] on a former United States and the several British colonial ports named in Occasion, that this pretension had been set up under Mr. the act of Parliament, imposing restrictions requiring the Madison's administration; yet I cannot find it. If it be vessel to be British built, to be owned by a British subtrue, then, that this claim was first made in 1819; and if ject, to be navigated by a master and three-fourths of it be true that a Secretary of State is responsible for the crew who should also be British subjects; or the vesinstructions to our ministers abroad, then is the following sel was required to have been built in the United States, language of Mr. Van Buren's instructions to Mr. McLane and the property of a British subject, to be navigated in founded in truth: It should be sufficient that the claims the same manner. This proclamation also required that set up by them, and which caused the interruption of the the cargo to be imported into the United States should be SENATE.] Appropriation Bill--Colonial Trade. [APRIL 6, 1832 fame, which those engaged in this negotiation have ac quired by patriotic efforts for a long period of years, is not to be destroyed in the eyes of the American people by insinuation. I will proceed to show- the growth, produce, or manufacture of the British islands beyond their literal expression, or if any of them are la and colonies in the West Indies, when imported from ble to more than one interpretation, I shall not make thence, and of the growth, produce, or manufacture of the single comment on that account. My sole object is to British colonies in North America, when imported from develop facts and detect misapprehension. That pubi that quarter. Although it was alleged by Great Britain that there existed no discriminating tonnage duties in the British colonies disadvantageous to the United States, the statement was denied by our Government, and British ships were made liable, by treasury instructions to the col- 1. That the late administration alone did not endeave lectors, to a discriminating tonnage duty of one dollar per to make arrangements and fix the duties, on either par ton, and the cargo to ten per cent. This was a subject on some equal basis, so that vessels entering the Britis of complaint on the part of Great Britain, and she re- colonial ports should pay no higher duties than those in sorted to countervailing discriminations. The famous posed on their own vessels; but that the present admirielsewhere act of Congress of 1st March, 1823, was pass-tration endeavored to do, and, in fact, accomplished the ed, which I do not propose to notice further than to say same upon those terms which the late Executive conceived that this word, elsewhere, was not understood by Con- to be just and necessary. gress as it was afterwards interpreted by the administra- 2. The navigation was not abandoned by the direction tion. For, sir, I have heard you [Mr. SMITH] declare, of the late Executive, but was held in negotiation, and upon this floor, more than once, that not a single member constantly solicited from the Government of Great Britain. of the Senate dreamed of setting up the pretension by 3. The arrangement subsequently made by the presc this word implied. The Executive, however, gave to administration was upon precisely the same terms as those this word a construction which recognised by law the conceived to be just and necessary, and offered by the pretension set up in Mr. Adams's letter of 1819, requiring predecessors after, by having abandoned all others, they that American cargoes should be subject to no higher du had left nothing else to be demanded. ties or charges on entering a British colonial port, than I will begin, sir, with the mission of Mr. Gallatin. Te similar cargoes in British vessels should be subject to when question is not whether he was properly instructed, buthya coming from any other place whatsoever. These words, he was instructed, and what he did, and in what state the any other place, were intended to include British colonies late administration left, and the present found, the negy themselves. What would gentlemen say if Great Britain tiation for the colonial trade. The first instructions to should demand that her vessels and cargoes should enter Mr. Gallatin--I refer, of course, to published documentsat Pensacola upon the same footing with American vessels are dated the 19th June, 1826. In these, he was infecte and their cargoes sailing from New York to the same ed-"Mr. Rush, in the progress of his negotiation, at the place? It would be denounced as the most imprudent of third conference, offered two articles for the regulation all pretensions. And yet shall we require that our ves- of this trade, which were not accepted by the British rels shall carry on a trade upon the same terms with a plenipotentiaries. These articles embraced three kaing British vessel sailing from Halifax or Bermuda to that principles: First, That there should be a mutual abcă place? The negotiations which followed the passage of tion of all discriminating or alien duties, so as to place this law, were unsuccessful, though continued down to British and American vessels employed in the trade, and the year 1825, when a new era, with regard to this long their cargoes, on a footing of perfect equality; second, agitated subject, was opened, by the passage of three That the productions of the United States, admitted int acts of Parliament, in the months of June and July of a British colony, should be subjected to no higher duties that year. As all subsequent negotiations have had an than similar productions of another British colony; and express reference to these acts, their substance will be third, That the trade should remain restricted, as it the collected from the view I am now about to take, for the was, by the acts of Congress and Parliament, according to purpose of showing that so far from abandoning every which it was limited to a direct intercourse." claim set up by this Government, in the late arrangement, This opportunity thus presented for a favorable adjust this administration has succeeded, and secured by the ar- ment of the trade, was lost, the administration rejecting rangement every demand which had not been explicitly the terms, we are warranted in deeming favorable, be abandoned by their predecessors. In connexion with cause subsequently adopted, as appears by the following this view of the subject, I must be permitted to notice the paragraph of these instructions: "You will observe that remarks which fell from an honorable Senator [Mr. the instructions now given respecting the colonial trad WEBSTER] at an early period of the session. I will read amount to an authority, on the part of this Government, his words so far as I intend to notice them. "Some time you, to agree in substance to the modification of M since, measures had been taken, and negotiations entered Rush's proposal which was required by the British plen into, the object of which was to place our commercial in- potentiaries. You will endeavor to make a lively impre tercourse with the British American colonies on terms of sion on the British Government of the conciliatory spa reciprocal advantage. This negotiation had failed, and of that of the United States, which has dictated the the endeavors to make such arrangements, and fix the du-sent liberal offer; and of their expectation to meet, in the ties, on either part, on some equal terms, so that the duties progress of your negotiations, with a correspon imposed on American vessels entering the British colonial friendly disposition. The object of this part ports should be no higher than those imposed on their instructions may be accomplished, either by inserting t own vessels, were then ineffectual. The object of that articles respecting the colonial trade in the general cont proposed arrangement was for the benefit of commerce vention for regulating the commerce between the as well as navigation. The British Government, not con- countries, which would be their most fit position, or senting to comply with terms which that administration separate convention. Whether the two articles prop considered just and necessary, the navigation was, by di- by Mr. Rush, or the two first proposed by the Br rection of the Executive, abandoned: since which period, plenipotentiaries, or others differently constructed, sh no arrangement had been completed, in conformity with be inserted in the convention which you are empo instructions given by the Government here to the minister to conclude, will depend upon the footing on w at the court of St. James; given, sir, in terms and in a temper which may very properly become the subject of public examination and comment here." If these remarks were intended to convey insinuations of yo may ultimately agree, under your instructions, p the colonial trade. If you should not be likely to bring between the two countries and their respective territor your negotiations, on the entire subject of the commer APRIL 6, 1832.] Appropriation Bill--Colonial Trade. [SENATE. to a conclusion, in time to present the convention, in to remove it from about the palace of St. James, after the which it is expected they will issue, to Congress during door had been shut injuriously in our face; but we retreatits next session, it will be desirable, and you are accord-ed, saying to Mr. Canning--notwithstanding your disingly directed to endeavor to make a separate arrange- courtesy, if you will come to our house, we will, rather ment of the colonial question, so as to enable the President than abandon the navigation, treat with you again. at least to present that before the adjournment. As to the duration of any general or particular commercial convention, to which you may agree, it may be limited to a period of about ten years; to which it is advisable to add an article similar to the eleventh article of our Danish treaty, stipulating that the convention shall continue in force beyond the particular period agreed upon, until one party notify the other, in writing, of his desire to put an end to it." Congress having risen without legislating, Mr. Adams issued his proclamation, reviving the laws interdicting the trade with the British free ports; and so the trade was closed: and, if he had stopped here, there would have been a pretence for abandoning, being forced to do so, the navigation. But the late administration did not continue even in this mood long, and, on the 11th April, 1827, furnished Mr. Gallatin further instructions, authorizing him to announce This retraction came too late; and though every argu- to the British Government the acquiescence of this in the ment of the greatest persuasion, and which, if I was dis- proposition that the colonial trade should be regulated by posed to imitate the example of the Senator from Maine, law, and to ascertain the disposition of the British GoI might denominate by a harsher term, the British Govern-vernment to open the trade by separate acts of regulation! ment, in a tone not merely of defiance, but in the last de- This, too, after their previous stand, and before Great gree offensive, at least as much so as the biting sarcasm of Britain had made any overture for negotiation! Mr. Canning could make it, shut the door of negotiation, Here was no abandonment, surely; on the contrary, a and peremptorily refused to open it. renewal of the negotiation for the trade on the British Neither the tone nor the indignity of this outrage pass-Government's own terms, and after she had peremptorily ed unheeded by the administration; and by the second set refused to negotiate, and before she had signified the of instructions furnished Mr. Gallatin, November 11th, 1826, slightest disposition to renew the affair at Washington. the feelings of the administration were fully manifested. Why this gracious advance was unnoticed, does not apThey had no alternative but to stop; and accordingly pear from the published correspondence. It is enough Mr. Gallatin was informed—“As the only alternative which for our present purpose that it was made. But we should the course adopted by that Government has left, the Pre- not forget to inquire how it was made, when the "volunsident has determined to give a signal proof of his anxious tary abandonment" of the past is, with disingenuous disrewish to preserve a good understanding between the two gard of fact, set in strong contrast with the supplicatory Governments, by laying the whole of the correspondence tone" of the present administration. which has passed between them on this subject, including Instead of remaining on our ground until Great Britain the instructions of our several ministers at the court of St. renewed the negotiation at Washington, or atoned for James, before Congress, at its next session. The wisdom Mr. Canning's letter, we crossed the water, and once of that body, in the actual state of things, is alone compe- more knocked at the door of the palace of St. James!tent to decide whether the colonial intercourse shall re-knocked at that door to reiterate our former demands, on main closed, according to the pleasure of the British Go-which we had already solemnly declared we would abide? vernment, as manifested in the late order in council, and No such thing. To announce our determination to abanwhether that portion of it left open by the order shall remain open; or on what conditions, compatible with the interests of the people of the United States, Congress is willing the trade should be placed. "You will accompany the communication of the substance of this despatch, or the substance of such part of it as you may not have anticipated in any answers to Mr. Canning's note, presented from yourself to the British Government, with the assurance that, notwithstanding their present decision, the Government of the United States, at all times hereafter, will be ready, at Washington or at London, to treat of the colonial intercourse when ever it may be their desire or inclination to negotiate on that subject." don the navigation which we could not now accept without the sacrifice of our national honor and dignity? No such thing. We knocked at the door of the palace of St. James, to make known our willingness to accept, and invite Great Britain to allow us to accept, those very terms which we had refused to take, before that door of the palace of St. James had been unceremoniously shut in our face!! For, in the last letter of instructions to Mr. Gallatin, dated 11th April, 187, immediately on the heels of the proclamation of 17th March preceding, he was instructed to inform the British Government that we would waive our former objection, that we ourselves preferred an arrangement by law to one by treaty; and he was expressly directed to communicate to the British Government If the matter had ended here, then there might have that "the President is willing to recommend to Conbeen some pretence for saying that the navigation had gress, at its next session, 1st, to suspend, as to the British been "abandoned" by the direction of the Executive. Government, the alien duty on vessels and cargo, and to After this, however, the late administration laid the allow the entry into our ports of British vessels laden with whole case before Congress, as Mr. Gallatin was instructed the same kinds of British or British colonial produce as to inform the British Government they would do, and American vessels can lawfully import, the British vessel that body rose without passing any law on the subject. paying no higher charges, of any kind, than American In the last attempt made under the instructions of No-vessels are, under the same circumstances, bound to pay: vember, 1826, the difficulty was, that our Government in- and, 2dly, to abolish the restrictions contained in the act sisted upon an arrangement by treaty, and Great Britain of the 1st March, 1823, confining the trade to a direct inupon regulating the trade by mutual legislation: on every tercourse between the colonies and the United States; the other point we had waived our previous pretensions; this effect of which will be to leave Great Britain in the exclualone remained—and we stood pledged by our instruc- sive possession of the circuitous trade between the United tions to Mr. Gallatin, communicated to Mr. Canning, not Kingdom and the United States, through the British coloto move again until the British Government should renew nies. You will inquire whether, if Congress should pass the negotiation at Washington. In this event [if Great a law to the above effect, the order in council of July last Britain would negotiate at Washington,] the navigation will be revoked; the discriminating duties, operating to was not "abandoned" by the direction of the Executive, the disadvantage of our vessels in the British colonial but reserved merely for the action of the British Govern- ports, will be abolished; and our vessels suffered to enjoy ment. The insolence of Mr. Canning's tone was sufficient the privileges of trade and intercourse, according to the SENATE.] Appropriation Bill--Colonial Trade. [APRIL 6, 1832. enactments of the act of Parliament of the 5th of July, kind of British colonial produce as may be imported in 1825" and the instructions then proceed-"Should the American vessels, the vessels of both countries paying the intercourse be opened on the above conditions, the Ame- same charges, suspending the alien duties on British res rican Government will have waived the demand here- sels and cargoes, and abolishing the restrictions in the act tofore made, that our produce should be received into the of Congress of 1823, to the direct intercourse between British colonial ports, paying no higher duties than similar the United States and the British colonies; and that such produce pays in those ports when imported from other a law should be immediately followed by a revocation ports of the British possessions. We should have regard- of the British orders in council, of 27th of July, 1826, ed the above inquiry altogether unnecessary, and that, as the abolition or suspension of all discriminating duties on a matter of course, the privileges of the act of Parliament American vessels in the British colonial ports, and the enwould be extended to our navigation, upon the passage of joyment by the United States of the advantages of the act such an act of Congress as the President now offers to re- of Parliament of the 5th July, 1825. commend, but for the declaration contained in Mr. Canning's note of 11th September last. According to that declaration, the British Government announced, that' after having been compelled to apply to any country the interdict prescribed by the act of 1825, it cannot hold itself bound to remove the interdict, as a matter of course, whenever it may happen to suit the convenience of the foreign Government to reconsider the measure by which the application of that interdict was occasioned.'" The directions in these instructions were communicated to the British Government by Mr. Gallatin, in his two letters to Lord Dudley, of 4th of June and 17th of August, 1827. Now, Mr. President, let me inquire in what these propositions of Mr. Gallatin and Mr. McLane differ. Both propositions claim to enjoy the privileges of trade and intercourse according to the enactments of the act of Parliament of the 5th July, 1825. Both propose to comply with the conditions of that act of Parliament by a law of the United States. Both propose to open the ports of the United States to British vessels allowing the entry into such ports of British vessels laden with such British produce as American vessels might import, paying the same charges. Both propose suspending all alien or discriminating duties. How these were received, the Senate may know by re- Both propose to abolish the restrictions contained in the ferring to Mr. Gallatin's letter to Mr. Clay of 14th Sep-act of Congress of March, 1823, which confined the trade tember, 1827, and Lord Dudley's letter to Mr. Gallatin, of 1st October, 1827. The substance was, that Great Britain declined acting until a law should be passed, which she might judge. To Mr. Gallatin succeeded Mr. Barbour, at the court of St. James; (I pass over Mr. King;) and, although his instructions have not been made public, I suppose there can be little doubt that he was directed to sound Great Britain upon the subject, and, if he found her disposed to negotiate, to renew Mr. Gallatin's proposition. to a direct intercourse between the British colonies and the United States. Now, to this proposition made by Mr. McLane, he adhered to the letter, never claiming an iota beyond it. And be it especially noted, he convinced Great Britain that it was the interest of both nations to accomplish the arrangement it contemplated, and he did accomplish it. It was all that was left-even it had been refused, and yet he obtained it. The proposition was just and necessary in the opinion of the late Executive, for he and his administration had made it--and, certainly, if it were not inglorious in the late administration to fail with such a proposition, it cannot be so for the present to have succeeded in it. In 1829, Mr. McLane succeeded Mr. Barbour. On his arrival in London, as appears from his correspondence, he renewed the proposition substantially, and almost in words the same as Mr. Gallatin had made it. Mr. Gallatin, in his letter of 17th August, 1827, to Lord The President issued his proclamation to carry the ar Dudley, says: "The President of the United States is wil- rangement into effect; both parties understanding that ling to recommend to Congress, at its next session, 1st, to the principles of the British act of 1825 were adopted by open again the ports of the United States to British ves- it. The British order in council shows, conclusively, that sels coming from the British colonies, allowing the entry, such was the understanding of the British Government. into the said ports, of British vessels laden with such Bri- But it has been followed by new regulations affecting tish produce or produce of the British colonies as American our navigation. Now, when the British Government asvessels can lawfully import, without paying any alien or sented to the proposed arrangement, they reserved this discriminating duties, and on payment only of the same, right; and Mr. McLane's letter, communicated to the Seand no higher duties or charges of any kind, on either ves-nate, but confidentially, and afterwards published, states sels or cargoes, than are, under the same circumstances, this fact. Here was the opportunity for gentlemen to have payable by the American vessels or cargoes; 2dly, to found fault. Why did they authorize the proclamation of abolish the restriction contained in the act of Congress of the President, if they believed the arrangement had been March, 1823, which confines the trade to a direct inter-made at any sacrifice of the national honor, and suffer the course between the British colonies and the United States. arrangement to be carried into effect? Why not then stop The effect of this measure will be to leave Great Britain and vindicate our national character? in the exclusive possession of the circuitous trade between Mr. McLane, in his letter of the 20th August, 1830, to the United Kingdom and the United States, through the Mr. Van Buren, accompanying the arrangement, says: British colonies. All the provisions in former acts of the "Though it may be probable that the schedule of duties American Government which had been deemed objection- adopted contemporaneously with the act of Parliament of able by that of his Majesty, will thereby be repealed. the 5th July, 1825, will be hereafter modified, the effect The condition contemplated by the act of Parliament, (of must be the more severely felt by the West Indian planter, 1825,) as it is now understood, will be fulfilled." already overburdened, than by our merchant; and in I might now stop, and ask the Senator from Maine, [Mr. this there is a safe guaranty against any excessive alHOLMES,] who has surrendered every demand ever made teration. There is good reason to believe, moreover, that by this Government? such modification, whenever it shall be made, will consist Now, sir, I will show you the proposition submitted by in reducing the duty on some important articles, while it Mr. McLane. That gentleman proposed "that the Go- may increase it in others, and that our trade, in the aggre vernment of the United States should now comply with gate, will not be materially affected. This modification, the conditions of the act of Parliament of July 5th, 1825, however, is not a part of the present arrangement, and by an express law opening their ports for the admission of will therefore depend upon future contingencies, of British vessels, and by allowing their entry with the same which each nation will be free to take advantage, and |