NAVIGATION LAWS. vessels of the United States and their car- session of Congress, declaring the fact, and proclaiming the conditions of the trade in the vessels of the two countries. On the 5th October, 1830, the President issued his proclamation declaring that he had received satisfactory evidence that, whenever he should give effect to the Act of May 29th, the Government of Great Britain would open, for an indefinite period, the ports of its Colonial possessions in the West Indies, &c., to the vessels of the United States and their cargoes, upon the terms and according to the requisitions of the above Act of Congress; that by that Act the ports of the United States were, from the date of the proclamation, open to British vessels coming from those British possessions, and their cargoes, upon the terms set forth; that the acts concerning navigation and commercial intercourse of 1818, 1820 and 1823, were absolutely repealed; and that British vessels and their cargoes, were admitted to an entry in the ports of the United States, from the islands, provinces, and Colonies of Great Britain, on or near the American continent, and north or east of the United States. CHAPTER IV. INJURIOUS OPERATION OF COMMERCIAL ARRANGEMENTS-WHAT THE ARRANGEMENTS WERE- The arrangements under the Act of May, those arrangements in their operation affect- report was based upon a petition to Congress of certain citizens of the State of Maine, who complained of the arrangements in question. They represented, that in their operation, those amendments were injurious to this country, and that they had not been executed in good faith by Great Britain. The committee examined the case of the petitioners, and then scrutinized the nature of the arrangements themselves, which were thus formulated: By the Convention concluded in London on the 3d of July, 1815, to regulate commerce between the territories of the United States and Great Britain, it is provided East India trade, or in trade with China. might, in the course of the voyage to or from the English territories in India, touch for refreshment at the Cape of Good Hope, t. Helena, etc., but not for the purposes of commerce. An amendment was subsequently made as to St. Helena, as it was the place of continement of Napoleon. 1. As to the commerce between the territories of the United States and the British territories in Europe, there is to be reciprocal liberty of commerce. The inhabitants of The committee found, by a comparison of the two countries have liberty to enter with successive periods of time, that since the their ships and cargoes all the places to conclusion of the arrangement proclaimwhich other foreigners were admitted, and ed by the President under the Act of to remain and transact business there in May, 1830, there had occurred an excomplete security. No higher or other du- traordinary augmentation of the relative ties are to be imposed in the United States amount of British tonnage entered and clearon the importation of any articles, the ed in the ports of the United States. The growth, produce, or manufacture of the statement presented embraced the several British territories in Europe, and no higher years from 1928 to 1836, inclusive, in all the or other duties, in the British territories in ports of the United States, and it was seen Europe, on the importation of any articles, that in the ten years from 1829 to 1838, the the growth, produce, or the manufacture British tonnage in American ports had inof the United States, than are payable creased from 86,377 tons to 484,702 tons; on the like articles of any other foreign while the American tonnage had only incountry; nor are any higher or other duties creased from 872,949 tons to 1,302,974. to be imposed in either country, on the exThus, the British tonnage increased nearly portation of any articles to the other, than in the ratio of from 8 to 48, the American in such as are payable on the exportation of the ratio only of about 8 to 13. In other words, such articles to any other foreign country; the American tonnage had increased but 50 and any prohibition by either shall extend per cent., while the British tonnage had inOfficial equally to all other nations. And no higher creased more than 500 per cent. or other duties were to be paid by United tables had been prepared showing the trade States vessels in British ports, or British between the British North American Colonies vessels in United States ports, than were and the Districts of Passamaquoddy, Portpaid by the vessels of each country in their land, Boston and New York, during the own ports. years 1828 and 1837. It appears that the 2. As to the British possessions in the Af-aggregate value of imports for the year 1828, rican or East Indian sens: Vessels of the United States are admitted to trade with the ports of Calcutta, Madras, Bombay, and Prince of Wales Island, and to import and export all articles to or from those territories which were not prohibited; and on the Vessels and their cargoes no other or higher duties were to be charged than were payable in like case by the most favored Enropean nations. American vessels were required to take their cargoes to the United States; and were prohibited from carrying on the coasting trade in the East Indies; but might proceed with their original cargo or part of it to another British settlement in Indía. United States vessels engaged in the in American vessels, was $190,207; in foreign vessels, mil; but the aggregate value of imports for the year 1837 gave $311,754 in American vessels, and $318,288 in foreign vessels total, $630,042. The aggregate value of exports from the same districts for the year 1828 was, of foreign produce $67,927 in American vessels; in foreign vessels, nil; of domestic produce in American vessels, $621,319; in foreign vessels, nil; total of foreign and domestic produce, $689,146. The aggregate value of foreign produce exported in 1837 in American vessels was $18,606, and in foreign vessels $54,769; total, $73,373. The value of exports of domestic produce in American vessels, was $195,557; and in for United States, without exception, yet only selected ports in the British Colonies were open to the commerce of the United States. This allegation was substantiated by the Act of Parliament applicable to the subject. That Act provided that no goods should be imported into, nor any goods, except the produce of the fisheries, in British ships, be exported from, any of the British possessions in America, by sea, from or to any place other than the United Kingdom, or some other of such possessions, except into or from a certain small number of ports enumerated in the Act called "free ports," and such other ports not enumerated, as might be added to the list by Orders in Council. Another allegation was, that by reason of the particular locality of some of the selected free ports, peculiar advantages were secured to British vessels which were not enjoyed by vessels of the United States. Thus, as regards the extensive trade in gypsum, grindstones, and wool, which constituted the larger part of the trade between the United States and the Bay of Fundy, those articles were not ship eign vessels $359,316; total, $549,873; total of foreign and domestic produce, $623,249. Of the vessels engaged in this commerce, it appears that in the year 1828, the aggregate tonnage of American vessels, which entered at the ports of these districts, was 31,439 tons; and 39,125 tons cleared. Of British tonnage, only 5,878 cleared in that period. The tables, in stating the aggregate tonnage for the year 1837, give also the number of American vessels which entered, as 382, tonnage, 55,048 tons; 293 American vessels cleared, whose tonnage was 50,696. The aggregate number of British vessels which entered in that year, was 1,804, with a tonnage of 123,675 tons; and 1,873 British vessels cleared, with a tonnage of 144,769 tons. The figures in these tables were confirmed by Parliamentary documents; and discussion in England concerning the arrangements between Great Britain and the other countries of Christendom, led to the conclusion that while under those arrangements, the commerce of Great Britain with all Europe had declined, its commerce with the United States had increased, and that in her rela-ped directly at any of the free ports, to which tions with the United States alone, had her commercial treaties proved beneficial to Great Britain. From 1802 to 1836, the trade of Great Britain with all Europe had declined from 65 to 48 per cent., while the trade of Great Britain, during the same period, with her Colonies in America, had increased from 18 to 26 per cent., and with the United States from 18 to 27 per cent., show-should not be subject to other or higher ing a remarkable identity in the increase of the trade of Great Britain with her American Colonies, and with the United States respectively. And Mr. Cushing thought that these tables indicated that there was some ine- i quality in the commercial arrangements, or that from some other cause, those arrangements fostered and promoted the navigation of Great Britain, without being in any way beneficial to that of the United States. Indeed, in the memorial referred to the committee, specific allegations were made of such inequality. It was alleged that, while the Act of Congress of May, 1939, and the proclamation of the President thereon, opened to the vexsels of Great Britain all the ports of the alone the vessels of the United States were admitted. Those articles were obtained from the banks of rivers and inlets, into which British vessels could penetrate, but American vessels could not, and therefore British tion was, that although the Act of Congress vessels bad the monopoly. Another allegamade the condition that American vessels and their cargoes in British Colonial ports, rates of tonnage, or imposts, or charges of any other description, than were imposed upon British vessels and their cargoes, discriminating duties were levied on American vessels in some of the Colonies. For instance, coal was largely exported to the United States from Nova Scotia, but when coal was exported in American vessels, an export duty of four shillings sterling per ton was exacted, while the same coal was exported free in British vessels. It was alleged that articles produced in the United States, by being naturalized in the British North American provinces, were conveyed thence in British bottoms, and entered in the United Kingdom or in the West Indies, so as not to be subject running between Great Britain and the United States consisted of British vessels; and as they came by Halifax, Nova Scotia, they enjoyed the advantage of the circuitous voy age from which American steamers were ex there to the foreign import duty; and that, enormous comparative increase of British as American vessels were not allowed to per- tonnage in the ports of the United States form that voyage, our carrying trade was grad-since the passage of the Act of Congress of nally transferred to the British. The trans- 1930 was produced. In addition, the cost of action was thus shown: Articles produced, ship-building in the colonies was less than in the United States were shipped in British in the United States, which enabled British vessels to the British provinces to points vessels to compete with American vessels in where American vessels could obtain no earAmerican ports, to the disadvantage of the goes. These British vessels touched at a free United States, as American vessels were abport, and without unloading their cargoes, solutely precluded from competing with Britobtained a certificate that they had been ish vessels on equal terms. It was further landed and naturalized; they then proceed observed that the arrangements complained ed to a British port in Europe or the West of afforded peculiar advantages to Great Indies, so as to avoid the foreign import Britain in regard to a description of navigaduty there. The trade was profitable; but tion and of business which did not exist at American vessels could not participate in it. the time when those arrangements were Other articles, such as flour, were introduced made, and the existence of which was not into the British provinces in large quantianticipated, namely, the transportation ties, and our vessels could not transport our of mails, passengers and merchandise by own products. Great Britain was charged ocean steamers. The line of mail steamers with having imposed heavy or prohibitory duties for the express purpose of securing those advantages, when our own products were imported into the West Indies directly from the United States; but when they were imported circuitously through the North American Provinces, the duty was comparatively low. English vessels were said to have come directly to our ports with British Colo-passengers in the West Indies, proceeded to nial productions, to sell them there, parchase a return cargo, proceed to the British West Indies, and there sell it, and take in a return cargo of molasses, sugar or coffee, and proceed home to the North American Colonies, or to Europe. It was alleged that most important interests in the United States were injuriously affected by the fact that sundry articles, such as gunpowder, arms, ammunition or utensils of war, tea, fish, dried or salted, oil, blubber, fins or skins, the produce of creatures living in the sea, wood, potatoes, &c., &c., were forbidden to be imported into the British Colonies from the United States, though similar articles were received by the United States from the Colonies, by which means they competed with Americans in American markets, while Americans could not compete with the British Colonies in British markets. These were some of the inequalities in the arrangements for the commerce between the United States and the British American Colonies, by which the cluded. The British mail steamers to the West Indies, after landing their mails and and the circuitous voyage, from which American to to the commercial intercourse between the | prohibition by the United States of such voyUnited States and the British Colonies of age to the vessels of Great Britain or her North America, were prejudicial to the Uni- colonies in America. ted States, by reason of their inequality, and their want of that just reciprocity, and that mutual participation of advantages which every independent State is entitled to demand in its intercourse with all other independent States. And the committee reported the following propositions as the result at which they had arrived : 1. That it is the policy and the desire of the United States to observe in the regulation of the commercial intercourse between the United States and other countries, principles of equity, reciprocity, fair competition, and mutual advantages to both parties. 2. That the existing arrangements regulating the commerce between the United States and the British colonies in the West Indies and on the continent of America, are unequal, unjust, and injurious to the inter ests of the United States. 3. That so long as Great Britain persists in applying to the vessels and productions of the United States in the ports of the British Colonies in America, peculiar regulations of commerce, other than such as regulate the commerce between the United States and the British territories in Europe, it is the right of the United States, and the necessary consequence, to apply peculiar regulations of commerce to British vessels and their cargoes in the ports of the United States, entered from or proceeding to the British Colonies in America. 4. That the continued imposition by Great Britain of discriminating duties upon the productions of the United States, imported into the British Colonies in America, in vessels of the United States, will justify the imposition by the United States of discriminating duties upon the productions of the British Colonies in America imported into the United States in vessels of Great Britain or her Colonies. 5. That the continued prohibition to the vessels of the United States by Great Britain of the indirect voyage between the United States, the British Colonies in America, and the British territories in Europe, or between the United States and one and another British Colony in America, will justify the 6. That if Great Britain see fit to adopt and pursue a system of prohibitions and restrictions against the United States, it behooves the United States to protect her citizens, their commerce and navigation, by counter prohibitions, duties and regulations, and to decline to give free commerce and navigation in exchange for restrictions and vexations. 7. But before having recourse to measures of legislative restriction, as the certain means of effectually guarding and securing the rights of the United States in our commerce with British Colonies, it is due to national comity to recur, for that purpose, to friendly negotiation with Great Britain. Great These propositions, the result of a long and laborious examination by the committee, show the practical character of the enquiry, and a determination to lay bare the abuses which prevailed. Can it be that men who believe in monopoly are unable to interpret fairly the principles of reciprocity, even when under obligation to do so? Britain, however, derived advantage from the practice, and of that we complained. We desired simply to secure a mutual benefit, an equal participation in whatever was enjoyed by British vessels. To this we were entitled by every principle of right. Justice was denied, if British vessels were allowed to trade with Colonial ports, under regulations or charges which discriminated in their favor. And it is not only claimed that our complaints were just, but they are proved to rest upon a foundation that could not be impeached. It was then necessary to communicate the facts to the British government, and to convince it that we had a good cause. So, treating the propositions as the conclusions reached by investigation, the commit tee, in conformity therewith, submitted the following resolution, the adoption of which they recommended to the House: Resolved, That the President of the United States be, and he hereby is, requested to enter into negotiations with the British Government, for the purpose of effecting a permanent, equitable, and just conventional arrangement of the commerce between the United States and the British Colonies in America. |