been quoted. They are in these words; "But it is understood, that this article does not extend to the admission of vessels of the United States into the seaports, harbors, bays, or creeks of his Majesty's said territories, nor into such parts of the rivers in his said territories as are between the mouth thereof and the highest port of entry from the sea, except in small vessels trading bona fide between Montreal and Quebec: nor to the admission of British vessels from the sea into the rivers of the United States, beyond the highest ports of entry for foreign vessels from the sea!" The last, it is said, contains an implication, that under this article, British vessels have a right to come to our highest ports of entry for foreign vessels from the sea, while we are excluded from the seaports of the British territories on this continent.

But this is altogether an erroneous inference. The clauses last cited are inserted for greater caution, to guard expressly against any construction of the article by implications more or less remote; contrary to the actual regulations of the parties, with regard to external commerce and navigation. Great Britain does not now permit a trade by sea to Nova Scotia and Canada. She therefore declares that the article shall not be deemed to contravene this regulation. The United States now permit foreign vessels to come to certain ports of entry from the sea, but exclude them from other more interior ports of entry, to which our own vessels may come.* It is therefore declared on their part, that the article shall not be construed to contravene this regulation. This was the more proper, as the right of inland navigation might have given some color to the claim of going from an outer to an inner port of entry. But this negative of an implication, which might have found some color in the principal provision, can never be construed into an affirmative grant of a very important privilege, foreign to that principal provision. The main object of the article, it has been seen, is trade by land and inland navigation. Trade and navigation by sea, with our

* An example of this is found in the State of New-York. Foreign vessels can only enter and unlade at the city of New-York; vessels of the United States may enter at the city of Hudson, and unlade there and at Albany.

seaports, is an entirely different thing. To infer a positive grant of this privilege, from a clause which says, that the right of inland navigation shall not be construed to permit vessels coming from the sea, to go from the ports of entry, to which our laws now restrict them, to more interior ports, would be contrary to reason, and to every rule of sound construction. Such a privilege could never be permitted to be founded upon any thing less than a positive and explicit grant. It could never be supported by an implication drawn from an article relative to a local and partial object, much less by an implication drawn from the negative of another implication. The pretension, that all our ports were laid open to Great Britain by a covert and sidewind provision, and this without reciprocity, without a right of access to a single seaport of the other party in any part of the world, would be too monstrous to be tolerated for an instant. The principles of equity between nations, and the established rules of interpretation, would unite to condemn so great an inequality, if another sense could possibly be found for the terms from which it might be pretended to be deduced. It would be in the present case the more inadmissible, because the object is embraced and regulated by other parts of the treaty on terms of reciprocity.

The different mode of expression, in the clause last cited, when speaking of the British territories, and when speaking of the United States, has furnished an argument for the inference which has been stated. But this difference is accounted for by the difference in the actual regulations of the parties, as described above. The object was on each side to oust an implication interfering with those regulations. The expressions to effect it were commensurate with the state of the fact on each side; and consequently do not warrant any collateral or special inference.

The only positive effect of these clauses is to establish, that the navigation from Montreal to Quebec shall be carried on in what are called "small vessels, trading bona fide between Montreal and Quebec." In determining their sense, it merits some observation, that they do not profess to except from the operation of the general provisions of the article the seaports, &c., of the

British territories; but declare, that it is understood that those provisions do not extend to them. This is more a declaration that the antecedent provisions were not so broad as to comprehend the cases, than an exception of the cases from the operation of those provisions.

Those who are not familiar with laws and treaties, may feel some difficulty about the position, that particular clauses are introduced only for greater caution, without producing any new ef fect; but those who are familiar with such subjects, know, that there is scarcely a law or a treaty which does not offer examples of the use of similar clauses; and it not unfrequently happens, that a clear meaning of the principal provision is rendered obscure by the excess of explanatory precaution.

The next clause of this article is an exception to the general design of it, confirming the construction I have given. "The river Mississippi shall, however, according to the treaty of peace, be entirely open to both parties; and it is further agreed, that all the ports and places on its eastern side, to which soever of the parties belonging, may freely be resorted to and used by both parties, in as ample a manner as any of the Atlantic ports or places of the United States, or any of the ports or places of his majesty in Great Britain."

If the general provision gives access to all our ports, which must be the doctrine, if it gives access to our Atlantic ports, then it would equally have this effect with regard to the Mississippi. But this clause clearly implies the contrary, not only by introducing a special provision for the ports of the Mississippi, but by introducing it expressly, as a further or additional agreement; the words are, "it is further agreed, &c., and these ports are to be enjoyed by each party, in as ample a manner as any of the Atlantic ports or places of the United States, or any of the ports or places of his majesty in Great Britain. This reference to our Atlantic ports, coupling them with the ports of Great Britain, shows that the Mississippi ports are to be regulated by a rule or standard different from the ports for that inland navigation, which is the general object of the article; else, why that special reference? why not have stopped at the words "used by both parties ?" If it be

said, that the reference to our Atlantic ports implies, that they are within the purview of the article, let it be observed, that the same argument would prove that the ports of Great Britain are also within its purview, which is plainly erroneous; for the main provisions are expressly confined to the territories of the parties on this continent. The conclusion is, that the reference is to a standard, out of the article, and depending on other parts of the treaty.

It may be useful to observe here, that the Mississippi ports being to be used only in as ample, and not in a more ample manner, than our Atlantic ports, and the ports of Great Britain, will be liable at all times to all the regulations, privileges, and restrictions of the ports with which they are assorted.

The next clause is a still further refutation of the construction

which I oppose.

"All goods and merchandise, whose importation into his majesty's said territories in America shall not be entirely prohibited, may freely, for the purposes of commerce, be carried into the same, in the manner aforesaid, by the citizens of the United States; and such goods and merchandise shall be subject to no higher or other duties than would be payable by his majesty's subjects on the importation of the same from Europe, into the said territories: and in like manner, all goods and merchandise, whose importation into the United States shall not be wholly prohibited, may freely, for the purposes of commerce, be carried into the same, in the manner aforesaid, subject to no higher or other duties than would be payable by the citizens of the United States, on the importation of the same in American vessels into the Atlantic ports of the said States: and all goods not prohibited to be exported from the said territories respectively, may, in like manner, be carried out of the same by the two parties respectively, paying duty as aforesaid.”

The words," in the manner aforesaid," occur twice in these clauses, and their equivalent, "in like manner," once. What is the meaning of this so often repeated phrase? it cannot be presumed, that it would have been inserted so frequently without having to perform some office of consequence. I answer, that it is evidently the substitute for these other words of the main pro

vision, "by land and inland navigation." This is "the manner aforesaid." This is the channel, through which goods and merchandises passing, would be subject to no other or higher duties than would be payable in the British territories by British subjects, if imported from Europe; or in the territories of the United States, by citizens of the United States, if brought by American vessels into our Atlantic ports. No other reasonable use can be found for the terms. If they are denied this sense, they had much better been omitted, as being not only useless, but as giving cause to suppose a restriction of what, it is pretended, was designed to be general—a right of importing in every way, and into all parts of the United States, goods and merchandise, if not entirely prohibited, on the same duties as are payable by our own citizens when brought in our own vessels.

These words, "whose importation into the United States shall not be entirely prohibited," is a further key to the true sense of the article. They are equivalent to these other words, "whose importation into all parts of the United States shall not be prohibited."-The design of this clause is to prevent importation, through the particular channels contemplated by the article, being obstructed by a partial or by any other than a general prohibition. As long as certain goods may be introduced into the United States through the Atlantic ports, they may also be brought into them through the channels designated by this article, that is, by land and inland navigation. The making a prohibition in the given case to depend on a general prohibition, is conclusive to prove, that the article contemplates only particular channels. On any other supposition, the clause is nonsense. The true reading, then, of this part of the article, must be as follows: "Goods and merchandise, whose importation into all parts of the United States shall not be prohibited, may freely, for the purposes of commerce, be carried into the same, in manner aforesaid, that is, by land and inland navigation, from the territories of his majesty on the continent of America."

There are still other expressions in the article, which are likewise an index to its meaning. They are these, " would be payable by the citizens of the United States, on the importation of the same