ABSTRACT.

SECTION 1. Any goods, wares, and merchandise, the produce and manufacture of the United States, which are not prohibited by law to be imported from foreign countries, may be imported directly into this Kingdom, subject to the duties hereafter mentioned, in American built ships, or American prize ships, owned by the subjects of the said United States, and navigated by a master and three-fourths at least Americans.

2. American produce or manufactures, (except as hereafter enumerated,) to pay the same duties of customs and excise as if imported from any other foreign country in British ships. And where different duties are imposed upon importation from different foreign countries, then upon the lowest of such duties in tables A, D, and F, in the consolidation act. If imported in American ships, then subject also to the countervailing duties imposed by this act.

3. Pig iron, bar iron, pitch, tar, turpentine, rosin, potash, pearlash, masts, yards, bowsprits, and unmanufactured wood and staves, imported, without any certificate, to pay the same duties as if imported in British-built ships, from the British Plantations, with certificates subject, also, if im ported in American ships, to the countervailing duties imposed by this act.

4. Oil, blubber, whale fins, and spermaceti, may be imported on the same duties as if imported in British-built ships from foreign countries, subject likewise to the countervailing duties imposed by this act.

REMARKS.

SECTION 1. The ships belonging to the people and inhabitants of the United States consist of American built and foreign built ships. This section establishes a discrimination. American built ships, belonging to Americans, may trade to Great Britain; ships not built in America, though owned by Americans, may not trade to Great Britain, unless they are prize ships. It is not plain that the treaty permits this discrimination to be made. The expressions in the 14th article are, "the people and inhabitants of the two countries, respectively, shall have liberty freely and securely, &c., to come with their ships and cargoes to the lands, cities, &c., within the dominions and territories aforesaid, to enter into the same, &c., subject as to what respects this article to the laws of the respective countries." This limitation is supposed to regard the prohibition of and the duties upon, particular commodities, and not to refer to the quality of the ships, nor the manner in which they shall be navigated, whether navigated by subjects or foreigners. The section seems to be liable to objection, not only on account of the discrimination of native built from foreign built ships, but also in respect to the regulation that three-fourths of the crew of American ships should be Americans-regulations adopted by Great Britain, in their system, but not required by the United States. A third objection to the section is, that it confines the American trade with Great Britain to goods, wares, and merchandise, of the growth and manufacture of the United States, contrary to a clause of the 15th article of the treaty, that permits the importation, by American vessels, of any article (whether the production or manufacture of the United States or otherwise) that may be imported by the ships of any other country.

SECTIONS 2, 3, 4, 5, 6, 7, 8. These sections appear to change, in several instances, the footing on which the American trade now stands; and this to its disadvantage. At this time any unmanufactured goods and merchandises, the importation of which is not prohibited by law, (except tobacco, fish oil, whale fins, and spermaceti, which are subject to other regulations,) and any pig iron, bar iron, pitch, tar, turpentine, rosin, potash, pearlash, indigo, masts, yards, and bowsprits, the growth or production of the United States, may be imported on the footing specified in the third section. All other goods and merchandise, (except tobacco, snuff, and rice,) not above enumerated; and also fish oil, whale fins, and spermaceti; being of the growth, production, or manufacture of the United States, may be imported on the footing specified in the second section.

Tobacco, snuff, and rice, will remain upon the same footing on which they now stand.

These changes will yield little or no advantage to the British revenue; they will affect, disadvantageously, the course of business which, from

5. Tobacco may be imported on the same duties as from a British colony; and snuff upon the same duty as when imported from Europe, subject to the regulations of the 29th George III., and 30th George III., and to the countervailing duty.

6. Rice may be landed and warehoused upon paying Sd. the cwt., and giving bond for the remainder of the duties within eighteen months: Provided that, in the port of London, and other enumerated ports, it may be landed and warehoused without paying any duty, with liberty to export the same within eighteen months; or, if taken out for home consumption, upon paying the duty payable thereon.

A saving of the temporary provision bill, which admits certain articles duty free.

7. Goods, &c., exported from the United States, entitled to the same drawbacks, when exported from Great Britain to any foreign country, as the like goods are entitled to on exportation to any other foreign country, by law; and goods exported to the United States, entitled to the same drawbacks and bounties as if exported to the British colonies.

8. The same drawback upon the exportation of foreign hemp and iron to any British colony, or to the United States, as is now, or may hereafter be, allowed by law, upon the exportation thereof to other foreign ports.

9. From and after the 5th of January, 1798, goods, &c., the growth, produce, or manufacture of the United States of America, imported into this country, directly from the said States. in American ships, to be subject to the following additional duties of customs, viz:

10. All goods, &c., except tobacco and other articles for which provision is made hereafter, ten per cent. on the amount of the duties of customs, payable on such articles when imported from the United States in British ships.

11. Pig iron, bar iron, pot and pearl ash, ten per cent., on the amount of the duties of customs payable on the said articles imported from any British colony or plantation in America, when not accompanied with the certificates required by law.

12. Pitch, tar, turpentine, rosin, masts, yards, and bowsprits, ten per cent., on the amount of the custom duties payable on these articles when imported from any British colony or plantation in America.

13. Unmanufactured wood and staves, ten per cent. on the duties of customs payable on such goods, imported from any part of Europe not within His Majesty's domains, in British ships.

14. Oil, blubber, whale fins, and spermaceti, the produce of American fisheries, ten per cent. on the duties of customs payable on the like articles, on importation from countries not under the dominion of His Majesty.

15. Tobacco, 18d. per hundred lbs. weight. 16. This act not to be construed to impose this additional duty of ten per cent. on the duties of five per cent., and ten per cent. granted to His Majesty, by an act of the present session, on cer

practice, has become, in some degree, habitual; they regard a subject of detail and intricacy in which alterations, for slight causes, should be avoided; they, moreover, afford occasion for misrepresentation and misunderstandings; added to which, the early period at which the commercial regulations of the treaty must again come under examination, and the mutual interest of the parties that the most impartial and liberal views should prevail on that occasion, may lead, at least, to a doubt whether any change of the existing state of the trade between Great Britain and the United States, will be a measure of prudence, in reference to future and more important arrangements on that subject.

Sections 9 to 20, both inclusive. These sections are liable to objections; the right to impose a countervailing duty is clear; the policy, under existing circumstances, of exercising this right, merits, perhaps, consideration.

Most of the commodities imported into Great Britain by American ships are raw materials, and of importance to the manufactures, to the navigation, and to the marine of England; the policy of England has hitherto been, to obtain these articles in the cheapest and most easy manner: this countervailing duty, though disadvantageous to the American, will enhance the price of raw materials to the manufacturer of England; it will also change the present footing of the American trade, and be liable to the inconveniences that may arise from such change.

Besides, the object which alone can be in view in the imposition of this countervailing tax, may be defeated, after the expiration of two years subsequent to the peace: it is only for that term that the American Government are restrained from increasing the existing difference of duties on goods imported into the United States in American and British ships; the British Government can countervail only the now existing difference; the American Government cannot increase this difference at any time before the expiration of two years after the peace; but, afterwards, they may increase the difference; and the British Govern ment will have no right to countervail such augmentation. It may be added that, admitting the policy to be as clear as the right, still it is not obvious that the manner of imposing this countervailing duty is warranted by the treaty. The right reserved, is to countervail, by an adequate

tain goods (except wine and coals) exported from, or brought, and carried coastwise within Great Britain.

17. This additional duty of ten per cent. not to be paid on goods permitted to be imported from the United States, to be warehoused, until, and unless, such goods are taken out of the warehouse to be consumed in this Kingdom.

18. This act not to exempt from duty any articles in American ships, which, by any law now in force, may be imported without payment of duty only upon condition of their being brought in British ships, unless such goods are particularly exempted from duty by this act.

19. Proviso to save the duties of package, scavage, balliage, or porterage, or other duties payable to the city of London, or other corporation, and to save also special privileges and exemptions belonging to any private persons or bodies politic. 20. All the duties imposed by this act, placed under the respective Commissioners of Excise and Customs in England or Scotland. All these duties and drawbacks, as well as all penalties and forfeitures arising from this act, subjected to the rules and regulations already provided by law in such cases respectively.

21. A tonnage duty of 2s. to be paid by American ships arriving in Great Britain, such tonnage to be ascertained by admeasurement, according to statutes 26th George III., ch. 60.

22. Officers of the customs may detain ships, and, after the space of three months, such ships may be sold for paying such tonnage duty.

23. The produce of such tonnage duties to be under the management of the Commissioners of the Customs in England and Scotland; and no such ship is to be suffered to clear out until the master shall have produced a receipt for the payment of the tonnage duty.

duty, the difference of duty payable on goods imported into the United States by American and British ships: the thing to be countervailed is not a given sum, but a ratio, or proportion; the rule is simple, and its application should be so likewise. Instead of imposing ten per cent. upon the duties payable on American goods imported from America in British ships, which it is conceived would be a rule in itself simple, as well as simple in its operation, these sections, in some cases, impose ten per cent. upon the duties payable on goods imported from the United States by British ships; in others, ten per cent. upon the duties payable on similar goods imported from British colonies, without certain certificates; in others, ten per cent upon the duties payable on similar goods imported from British colonies; in others, including certain articles of wood, the duty on which will amount to a prohibition, ten per cent. on the duties payable on similar goods imported in British ships from any part of Europe, not under the British dominions; in others, including the important article of fish oil, already subject to a very heavy duty, ten per cent. upon the duties payable on similar goods imported from countries not under the British dominions; and, in the case of tobacco, a specific sum, not a proportion of duty, of 18d. per hundred.

It is possible that this mode of executing the countervailing right may be the least burdensome to the American commerce; but, as the standards referred to are various and unknown, it may be, likewise, that this manner of executing the right will be found to be injurious; it seems certain that it will be obscure to the Americans. Besides, a plain, simple, as well as an equitable mode of imposing this countervailing duty may be devised. Why, then, resort to one that is, at least, to one of the parties, obscure, complex, and concerning the equity of which it can only be an affair of conjecture.

Sections 21, 22, 23. These sections propose to levy 28. per ton on American ships, under that clause of the 15th article of the treaty reserving to Great Britain a right to impose, on American vessels in Europe, a tonnage duty, to equal that impost on British vessels within the United States. The object of the treaty was to put upon an equal footing the ships of the two countries in their trade and intercourse with each other. This was equitable; and if a difference of imposition exist, it should be countervailed; the propriety of the tax, then, depends on the fact, whether British vessels, trading to the American ports, do pay higher tonnage duties than American vessels, trading to British ports, pay; the coast of America is very extensive; and, from one extreme to the other, is lighted at a great expense; there is no duty or tax collected from ships under the name of light money; the only tax or duty is called a tonnage duty, which amounts to 2s. 3d. sterling per ton on foreign ships; this tax, together with one of the same denomination, but less in amount, paid by American ships, is paid with all other taxes into the General Treasury, and stands

24. Money arising from the duties imposed by this act to be paid into the Exchequer, and to be made part of the consolidated fund.

25. Lands, &c., holden by American citizens on the 28th of October, 1795, shall be enjoyed, granted, &c., according to the stipulations and agreements in the 9th article of the treaty.

26. Proviso, that this shall not extend to give to persons, not being natural born subjects, other privileges, &c., than such as are necessary for the foregoing purpose.!

27. In case of requisition, according to the 27th article of the treaty, His Majesty's Secretary of State is to require justices of the peace, &c., to apprehend persons charged with murder or forgery, committed within the United States, and to proceed in the examination, and commit to jail the same as if such crime had been committed in this kingdom; and to order the persons so apprehended and committed to be delivered to any person authorized from the United States to receive them into custody.

appropriated, in common with them, for the payment of annuities, and the various objects of public expenditure, including the building and support of light-houses, beacons, buoys, &c. In the ports of Great Britain the duties paid on the tonnage of foreign ships, for light money, and other objects, vary; and, indeed, from the rights of different cities and corporations it is not easy to ascertain, with precision, the extent of these demands upon foreigners in their commerce with Great Britain. In Liverpool and Bristol, as well as in London, there are taxes, incident to navigation, which are levied in a double or some increased ratio upon foreign ships; in all cases the British light money is double upon foreign ships. The lights of St. George's channel, on foreign ships, amount to 10d. per ton; in the English channel, to 28. 4d. per ton; and the Northern lights, to 84d. per ton; and American ships, touching for orders, and bound up channel as far as Amsterdam, pay all the channel lights; and if to the northward of Amsterdam, they pay the channel and northern lights; and it is understood that this duty is exacted for the passage, up and down, whether the vessel returns down channel, goes north-about, or never returns. Thus, on an American vessel of 200 tons burden, the duty for channel lights is £23 68. 8d., and for northern lights £7 Is. 8d., making £30 88. 4d.; which, taken for both passages up and down, makes £60 16s. 8d., or 6s. 1d. per ton. If the American ship falls into. St. George's channel, and afterwards pursues her voyage up the English channel, which is not uncommon, she pays for the lights in St. George's channel, which amount to 10d. per ton; which, added to 68. 1d. gives a tonnage duty of 6s. 11d. paid by American ships, and amounting, on a ship of 200 tons, to £69 3s. 4d., which is £34 118. 8d. more than is paid by a British ship of the same tonnage: Provided that British ships pay for the passage, upand down, otherwise the difference against the American ship will be £49 15s. 10d.

Or thus: A British and American ship, for the advantage of all the lights on the American coast,

28. American ships may trade to and from the British territories in the East Indies, subject to the restrictions contained in the 13th article of the treaty, and notwithstanding the Navigation Act, 12th Charles II., sec. 22.

29. All acts or engagements done or entered into by American or British subjects, in pursuance of the 13th article of the treaty, since the final ratification of the treaty, and in conformity thereto, shall be deemed, to all intents and purposes, as if they had been done or entered into, subsequent to the passing of this act.

30. This act to continue as long as the treaty, and no longer.

This is stating the question in the strongest manner against the American ships. If, instead thereof, an average statement could be made, especially if, in addition to the heavy tax for the support of lights which foreign ships pay, the local and corporate duties are taken into the account, it is confidently believed that a result would appear unfavorable (if not in the extreme above stated) to the American navigation. The conclusion is against the proposed tonnage duty of 2s. per ton, on American vessels. It is true that few British vessels are at present employed in the trade between Great Britain and the United States. This may be satisfactorily accounted for, without recourse to an opinion that it proceeds from the tonnage duty imposed by the United States.

SEC. 28. The American cargoes for the India market consist of wines, usually taken on board in the outward passage at Madeira, and various other articles, sometimes collected in America, and frequently purchased on the outward passage in England and elsewhere. This was the footing on which the trade stood when the treaty was made. The object of the treaty, in this respect, was, to convert a favor into a right. A question has been started, whether the trade from the United States to India must not be direct in the outward, as well as in the return passage. It is of importance to the security of this branch of the American commerce, that no doubts should exist on this point; and, as from a careful examination of the article there does not appear to be any reason to doubt the intentions of the parties, it is to be wished that expressions may be used in the proposed bil which shall remove all questions on this point.

The American vessels which take on board goods in the British territories in India are requir ed to return direct to America; but it never has been understood that the voyage must be direct from America to such British territories. Shoul