consideration, may serve as models for any that may be agreed on at the Congress, upon corresponding topics. It is hardly necessary to add that this recent experiment with Great Britain, like all others which preceded it, proved abortive.

Among the most important objects which are likely to engage the attention of the Congress, is that of endeavouring to fix some general principles of intercourse, applicable to all the Powers of America, for the mutual regulation of their Commerce and Navigation. The United States, from the origin of the present War, have, on all proper occasions, uniformly proclaimed that they entertained no desire to procure for themselves, from any of the new Powers, peculiar commercial advantages. They continue to adhere to this disinterested doctrine. You will state in your Conferences that, as they have not sought, in treating with the American States separately, neither will they seek, in joint negotiations with them, for any privileges which are not equally extended to every one of them. Indeed, they are prepared themselves to extend to the Powers of Europe the same liberal principles of commercial intercourse and navigation, on which The United States are ready to treat. The President hopes that you will meet with corresponding dispositions in the other American States; and that you will have no difficulty in obtaining their ready concurrence to the equitable bases of perfect equality and reciprocity, which you are hereby empowered at once to propose, for the Commerce and Navigation between all the American Nations. The whole of what is very material to their commerce and navigation may be comprised under two general principles, both of which are founded on those bases. The first is, that no American Nation shall grant any favours in Commerce or Navigation to any Foreign Power whatever, either on this or any other Continent, which shall not extend to every other American Nation. And, 2dly, that whatever may be imported from any Foreign Country into any one American Nation, or exported from it, in its own Vessels, may, in like manner, be imported into or exported from the same Nation, in the Vessels, of every other American Nation, the Vessel, whether national or foreign, and the Cargo, paying, in both instances, exactly the same duties and charges, and no more.

The first of those two principles is so strongly recommended to all Nations, by consideration of policy as well as justice, that it will command, at least in the abstract, the assent of most, as soon as it is announced. Nations are equal, common members of an universal family. Why should there be any inequality between them, in their commercial intercourse? Why should one grant favours to another, which it withholds from a third? All such partial favours are liable to excite jealousies, and, in the end, are counterbalanced or punished by the injured Powers. The principle now proposed does not preclude those particular arrangements which are founded upon real and just equivalents, independent of mere commercial reciprocity, by which

certain advantages are granted to a particular Power; but it is wiser even to avoid these as much as possible. If the principle be correct in its universal application, it must be allowed to be particularly adapted to the condition and circumstances of the American Powers. The United States have had no difficulty in treating, on that principle, with the Republicks of Colombia and Central America, and it is accordingly inserted in the Treaties which have been made with both those Powers. Other of the American Nations are believed to have a disposition to adopt it. The United Mexican States alone have opposed it, and in their Negotiations with us, have brought forward the inadmissible exception, from its operation, of those American States which have a Spanish origin, in whose behalf Mexico insists upon being allowed to grant commercial favours which she may refuse to The United States. Of the view which we entertain of such an exception, you will be able to possess yourselves, by perusing a Despatch from this Office to Mr. Poinsett, under date the 9th day of November, 1825, a Copy of which is herewith. He has been instructed to break off the Negotiations, if, contrary to expectation, the Mexican Government should persist in the exception. What renders it more extraordinary is, that, whilst they pretend that there has been something like such an understanding between the New Republicks, no such exception was insisted upon by either Colombia or the Central Republick. It was not even mentioned during the late Negotiation here, which terminated in the Treaty with the latter Power. Whether it was adverted to or not, in that which was conducted by Mr. Anderson with Colombia, he will recollect. We can consent to no such exception. You will resist it in every form, if it be brought forward; and you will subscribe to no Treaty which shall admit it. We are not yet informed whether Mexico has abandoned the exception, and concluded with Mr. Poinsett a Commercial Treaty, or has persevered in it, and broken off the Negotiation. The basis of the most favoured Nation leaves the Party, who treats on, it, free to prohibit what Foreign produce and manufactures he pleases, and to impose on such as may be admitted into his Ports, any Duties which his policy or his interest may require. The principle only enjoins impartiality as to the Foreign Powers to whom it is applied, and consequently that his Prohibitions and his Duties, whatever they may be, shall equally extend to the produce and manufactures of all of them. If a Nation has already contracted Engagements with another Power, by which it has granted commercial favours, inconvenient or injurious to itself, it may be contrary to its interest to extend these same favours to other Nations. But The United States have made no such improvident concessions to any particular Foreign Power, nor have any of the other American States, as far as we know. The time and the theatre, therefore, are propitious * See State Papers, 1825, 1826, page 421.

for the adoption of a broad and liberal commercial principle, which, by dispensing equal favour to all, deprives every one of any just cause of complaint.

2. To the other leading principle which has been stated, that of allowing the importation into, or the exportation from, the Ports of any American Nation, in the Vessels of every other, of all produce and manufactures, the introduction or exportation of which is admitted by Law, both the Native and the Foreign Vessel, and the Cargo, paying the same Duties and Charges, and no other, the President attaches the greatest importance. You will press it in your Conferences, with an earnestness and zeal proportionate to its high value, and to the liberality in which it is conceived. Its reciprocity is perfect; and, when it comes to be adopted by all Nations, we can scarcely see any thing beyond it, in the way of improvement, to the freedom and interests of their mutual navigation. The devices of Maritime Nations have been various, to augment their Marine, at the expense of other Powers. Where there has been a passive acquiescence in the operation of those devices, without any resort to countervailing regulations, their success has been sometimes very great. But Nations are now too enlightened to submit quietly to the selfish efforts of any one Power to engross, by its own separate Legislation, a disproportionate share of Navigation in their mutual intercourse. Those efforts are now met by opposite efforts; restriction begets restriction, until the discovery is at last made, after a long train of vexations, and irritating acts and manœuvres, on both sides, that the course of selfish Legislation ultimately does not affect the distribution of Maritime Power, whilst it is attended with the certain evil of putting Nations into an ill humour with each other. Experience at last teaches that, in every view, it is better to begin and to continue in the career of liberality, than in that of a narrow and restricted policy, since the most that can be said against the former is, that it only conducts to the same end, without, however, the unpleasant incidents to which the other finally but inevitably leads. There is a simplicity in the principle of reciprocal liberty of Navigation, which confers on it a strong recommendation. It renders unnecessary all difficult and vexatious scrutiny into the origin of the contents of a mixed Cargo. It dispenses with all penalties and forfeitures, denounced for what is often both an ignorant and innocent violation of CustomHouse Law, in the introduction, perhaps, of a single interdicted Article of small value, which is made, by arbitrary regulation, to taint the whole Cargo, of immense value. It sets up a rule at once plain and intelligible. It refers the Foreigner, for what he may lawfully do, to an observation of that which the Native actually does. It opens every American Port to every American Vessel, on the same equal terms, no matter in what distant sea her enterprise may have sought and earned the riches with which she is laden.

This principle of reciprocal freedom of Navigation, like that of the most favoured Nation, leaves every State which adopts it, a liberty to impose such tonnage Duties as its necessities or policy may dictate. It only holds out, that whatever may be imposed shall extend alike to the National and the Foreign Vessel, and also that the Cargo, whether of importation or exportation, shall be charged with the same Duties, whoever may be the Proprietor, or in whatever Vessel it may be laden. Perhaps it may be proposed to agree to the imposition of precisely the same rate of Duties, on Vessel and Cargo, in all the Ports of the American Nations. But that would be inadmissible. It would subject each State to inconvenient restrictions on its power of Taxation, instead of leaving it free, as is best for each, to consult the circumstances of its own peculiar position, its habits, its constitution of Government, and the most fitting sources of Revenue for itself. As to the Foreigner, he has no pretext to complain, when the same measure is applied to him and the Native.

It may, perhaps, be objected, that the Marine of the other American Nations is yet in its infancy; that ours has made great advances; and that they cannot be prepared for this reciprocal liberty of Navigation until they have made some further progress in establishing theirs. The difference in the condition of the Marine of the respective Countries, assumed in the supposed argument, certainly exists. But how is it to be remedied? By a system which shall aim at engrossment, and which will, therefore, provoke retaliation? Or one which, dealing liberally by others, will lead them to measure out liberality in return? These alternatives have been already discussed; and it has been shown that the first system is never successful, except from the forbearance of Foreign Powers to countervail it, which is not now to be expected in the present watchful state of the Maritime World. If we are to wait for the commencement of the equal and liberal System, until all Nations shall have brought up their respective Marines even and abreast, it may be considered as indefinitely, if not for ever, postponed. If the new States would build up for themselves powerful Marines, they must seek for their elements, not in a narrow and contracted Legislation, neutralized by the counteracting Legislation of other Nations, but in the abundance and excellence of their materials for ship-building, in the skill of their artisans and the cheapness of their manufacture, in the number of their seamen, and their hardy and enterprising character, formed by exposure in every branch of sea-faring life, by adventures on every ocean, and invigorated by a liberal, cheerful, and fearless competition with Foreign Powers.

Both of the principles which I have been discussing are provided for, though somewhat more in detail, in the 2d, 3d, 4th, and 5th Articles of the before-mentioned Treaty with the Federation of the Centre of America. They may serve as models for those which you are now

authorized to propose; and you will consider yourselves empowered to agree to Articles similar with all the others of that Treaty, a Copy of which accompanies this Letter.

It is possible that you may not find the Ministers of the other American States prepared to agree to the second principle; that they may be unwilling to subscribe to it in the extent now proposed; they may not be ready to allow, at the same rate of Duties, a reciprocal liberty of Exportation and Importation, without restriction as to the place of origin of the Cargo, the ownership or destination of the Vessel. You will not abandon the effort to establish that principle, in its widest scope, until you have exhausted every means of argument and persuasion, and become perfectly satisfied that its adoption is wholly impracticable. If you find their opposition to it unyielding, you will then propose a modification of the principle, so as to make it, at least, comprehend the productions and manufactures of all the American Nations, including the West India Islands. When so limited, it will still have great practical benefit; all Vessels of the several American Powers will enjoy under it a reciprocal liberty of Exportation and Importation, of whatever of American productions and manufactures, comprehending the produce of the Sea, is allowed, by the separate Laws of each, at the same standard of Duties for the Vessel and her Cargo. If the reasoning be correct, in support of the principle in its greatest latitude, it will of course sustain it in this more restricted operation. To which may be added, as a strong consideration in favour of its embracing, at least, the American States, that there is great similarity in the produce of various parts of them, and consequently a great difficulty in tracing articles having a common character and striking resemblance to the Countries of their respective origin, and subjecting them to different rates of Duty, as they happen to be imported in different Vessels, or blended together in the same Vessel.

If you find the principle still objected to with that modification, you will lastly propose it with the still greater restriction, of only furnishing the rule which shall be observed between any two of the American Nations who may agree to it, in regard to their mutual Navigation, when employed in transporting their respective produce and manufactures. Under this form, it was proposed by the United States, on the 3d of March, 1815, (see 4th Vol. of the Laws, page 824) to all Nations. On the 3d of July, of the same Year, it was engrafted on the Convention with Great Britain, (see 6th Vol. of the Laws, page 603.) Subsequently, it was applied to The Netherlands, The Imperial Hanseatic Cities of Hamburg, Lubeck, and Bremen, The Dukedom of Oldenburg, Norway, Sardinia, and Russia, (see Acts, 1st Session, 18th Congress, page 4.) It was also embraced in our Treaty with Sweden, of 1816, (see 6th Vol. of the Laws, page 642) and has recently been agreed to by Colombia. In the event of a concur