ence of duty, payable in our ports, on the same articles imported from the British ports in Europe, by a British or American vessel. Thus they may impose on tea and other Asiatic goods, as well as on the European goods, which we shall export from the British ports in Europe, the identical duty or the same sum which constitutes the difference of duties payable in our ports on the importation from thence of the same articles by an American or a British vessel.

The right to countervail our alien tonnage duty by imposing an alien tonnage duty on our vessels entering the British ports in Europe, equal to that which shall be payable on their vessels entering our ports, will continue so long as the commercial treaty shall endure, and will apply to any future increase of the tonnage duty on foreign vessels that we may establish; it is however stipulated in the conclusion of the fifteenth article, that we shall abstain from increasing the tonnage duty on British vessels, and also from increasing the difference that now exists between the duties payable on the importation of any articles into our ports in British or in American vessels, until the expiration of two years after the termination of the war between France and Great Britain. But we are free to increase the one or the other, after the expiration of that period; and though the British government will have a right to countervail, by additional tonnage duties, on our vessels, any increase of that duty on their vessels; yet they will have no right to countervail any increase of the difference between the duties payable on the importation of any articles into our ports, in British or in American vessels, unless by a duty common to all foreign nations; the right reserved on this subject, being confined to the difference that now exists, will not reach such future increase.*

From this analysis of the 14th and 15th articles, we are the better enabled to perceive the truth of the following propositions.

* How ridiculous, then, the argument, if the basis of it were otherwise true, that the treaty, by tying up the government from future discrimination. has prostrated our navigation before Great Britain! Can a restraint which is only to operate the short term of two years after the termination of the present war. have the mighty effect of sacrificing our navigation?

1. As, for the purpose of encouraging or protecting the agriculture and manufactures of Great Britain, several of our productions, in common with similar productions of the other na tions, are prohibited from being imported into the British ports in Europe; we are free, whenever our interest shall require it, also to exclude any of the productions of the British dominions from being imported into our ports, extending such exclusions, as they do, to the like manufactures and productions of foreign nations.

Should that part of the twelfth article, which has not been ratified, in its modification retain the stipulation relative to the importation of coffee, sugar, and the other productions of the West Indies, it would constitute an exception to this proposition. But as the West India productions are dissimilar to those of our own country, they would not fall within the reason of these prohibitions, and, therefore, the exception would be of no consequence.

2. As, for the like reasons, some of our productions are subject, in common with the like productions of other nations, to high, or prohibitory duties in the British ports in Europe, we are free, likewise, to impose similar duties on any of the productions or manufactures of the British dominions, extending such duties, as they do, to the like productions and manufactures of other foreign nations.

3. As the navigation act of Great Britain, in order to extend their own shipping, has heretofore confined the importation of foreign productions into the British ports, to British ships, and to the ships of the country producing the same; the 15th article [appears] to contain an important innovation on this celebrated act; inasmuch as [by the most obvious construction of the terms] it gives us a right to import from our own territories into the British ports in Europe every article and description of goods and merchandises, which any nation in their own ships is allowed to import. In consequence whereof, while all other foreign nations are prohibited and restrained from importing in their own vessels into Great Britain any goods or merchandises, except those of their own particular growth, produce, or manufacture, we, by the treaty, have a right to carry from our ports to the British ports in Europe, not only goods and merchandises of our

own growth, produce, or manufacture, but also of such goods and merchandises, the growth, produce, or manufacture of any foreign nation, as a nation producing or manufacturing the same, would import in their vessels into Great Britain.

4. Should it ever be politic to exclude all foreign vessels from importing, or exporting, any species of goods, wares, or merchandises, by confining their importation or exportation to our own vessels; we are perfectly free to do so; with the excep tion, relative to the West India productions, referred to under the first proposition; thus, for example, we may prohibit the im portation of all Asiatic goods, except in American bottoms.

That these articles of the treaty leave our navigation and commerce as free, and secure to us as extensive advantages as have before been procured by our commercial treaties with foreign nations, will be seen by the following comparison:

1. By the articles before us, the parties restrain themselves from imposing any other or higher duties on the vessels and cargoes of each other, than they impose on the vessels and cargoes of all other nations; and also from imposing a prohibition of the importation or exportation of any article to or from the territories of each other, which shall not extend to all other na tions. By the 3d and 4th articles of our treaty with France, and by the 2d and 3d articles of our treaty with Prussia, it is stipulated, that the subjects and citizens of the respective parties, shall pay, in the ports, havens, and places of each other, no other or greater duties or imposts, of whatsoever nature they may be, than those which the nations most favored shall be obliged to pay and moreover, that they shall enjoy all the rights, liberties, privileges, and exemptions in trade, navigation, and commerce, which the said nations do, or shall enjoy: and by the 2d article of the former, and the 26th article of the latter treaty, the parties agree mutually, not to grant any particular favor, in respect to navigation or commerce, which shall not immediately become common to the other party, who shall enjoy the same favor, if freely granted, or on allowing the same compensation, if the concession was conditional.

The stipulations in the three treaties are, on these points, equivalent.

The 2d and 3d articles of our treaty with Holland, and the 3d and 4th of our treaty with Sweden, likewise contain mutual stipulations, that the subjects and citizens of the several parties shall pay in the ports, havens, and places of their respective countries, no other or higher duties or imposts than those which the nations most favored shall pay; and that they shall enjoy all the rights, liberties, privileges, and exemptions in trade and navigation, which the said nations shall enjoy.

2. The articles before us, after stipulating that there shall be between our territories and the British dominions in Europe, a reciprocal and perfect liberty of commerce, declare, that the same shall be subject always to the laws of the respective countries. The introductory articles of our treaties with France, Holland, and Sweden, after asserting the intentions of the parties to take equality and reciprocity as their basis, likewise leave each party at liberty to form such regulations respecting commerce and navigation as it shall find convenient to itself-and the 2d and 3d articles of our treaty with Prussia, after stipulating the rights of the parties, respecting the duties and imposts, and the freedom of their navigation and trade, likewise require their submission to the laws and usages established in the two countries.

3. The articles before us, in their provisions relative to navigation, stipulate, as has been already observed, in common with our other treaties, that the ships of the parties shall not be subject to higher or other duties, than those paid by all other nations. They go farther, and agreee to vary this rule, so far as shall be necessary to equalize the tonnage duty imposed by the parties on the ships of each other. Our treaty with France is the only one in which we discover a similar stipulation.-France had a high alien tonnage duty on all foreign vessels transporting the merchandise of France from one port to another port in her dominions. We had a less alien tonnage duty on foreign ships employed in a similar trade: though not equally extensive, the case is parallel to that which exists between us and Great Britain. We have a high alien tonnage duty on all foreign vessels entering our ports; Great Britain has a less alien tonnage duty on foreign. vessels entering her ports. In our treaty with France we reserve

a right to countervail the alien tonnage duty imposed by France; and in like manner, in our treaty with Great Britain, she reserves a right to countervail the alien tonnage duty imposed by us. The object, in both instances, has been to place the navigation of the parties on the footing of exact equality.

The preceding exposition of these articles, illustrated by the comparison of their provisions, with the analogous articles of our other treaties, would be sufficient to vindicate them against the objections to which they have been exposed.-It is, however, thought advisable to take notice of such of these objections as are likely to have any influence on the public opinion.—[This will be done in a subsequent number.]

NO. XXVIII.

CAMILLUS.

1795.

An extraordinary construction of the last clause of the fourteenth article has been assumed by the writer of Cato; his mistake in this instance has been the foundation of many of the errors with which that performance abounds. The article stipulates that there shall be a perfect and reciprocal liberty of navigation and commerce between our territories and those of Great Britain in Europe, subject always to the laws and statutes of the two countries, respectively. This navigation and commerce, says Cato, must be subject to, and defined and regulated by the laws and statutes of the two countries, which existed at the time of making the treaty, all future laws, that either party might be disposed to make, relative to the same, being excluded.

The reason assigned, in support of this interpretation, is, that the article would be nugatory, did not the laws and statutes alluded to, mean only those in existence at the making of the treaty; since future laws might impair or destroy what the article confers.