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MONDAY, APRIL 17, 1826.

[SENATE.

Mr. RANDOLPH rose, and said, I rise to ask for an explanation. In my newspaper of this morning, in a report of the proceedings of Saturday last, I find this statement:

life, and I should be inconsistent with myself, if I did not
give my entire assent to the principles on which the rules
in question have been rescinded. I trust, said he, that it
never will be the ambition of him, whose lot it is now to
Occupy this Chair, to enlarge its powers. My ambition,
I hope, pursues a different direction-not to enlarge
powers, but to discharge, with industry, fidelity, and firm-
mess, the duties which may be imposed on me. Thus
feeling, I shall witness, with pleasure, the resumption of"
all the powers which can be properly exercised by the
Senate, as they will be then placed, where alone they
can be with perfect safety.

From the direction which the debate, in some degree, took, as well as from what has been said without these walls, it becomes, on this occasion, proper that I should state, for the information of this body, the construction that the Chair has put on the 6th and 7th rules of the Senate. They are in the following words:

66

"When a member shall be called to order, he shall sit 'down, until the President shall have determined whe"ther he is in order or not. and every question of order "shall be decided by the President, without debate; but "if there be a doubt in his mind, he may call for the sense "of the Senate.

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"If the member be called to order, for words spoken, "the exceptionable words shall immediately be taken down, in writing, that the President may be better ena"bled to judge of the matter."

"And, that the conduct of the Chair might not be im"pugned by the procedure, Mr. HOLMES took occasion to express his satisfaction that the motion had proceeded from an intimate personal friend of the Vice President, "which itself would contradict the presumption that any conduct of that officer had induced the proposition."

Meaning, I presume, my motion to rescind the late. rules, and to reinstate the former ones. I certainly, sir, offered the resolution in no such character; neither have I appeared in the character, at any time, of the personal friend or enemy of any gentleman on this floor with one exception—as the personal friend of one gentleman. I do not think it necessary, sir, to say any thing more in reference to that matter, than that I have no doubt that the gentleman from Maine had grounds, that seemed very good to him, for the allegation that he has been pleased to make-grounds satisfactory to him. I could go on, and say very handsome things, but time as well as propriety requires me only to say that which is necessary-that the gentleman from Maine never had from me any authority to make any such declaration, in reference to myself, nor in reference to any other gentleman whatever. I go for the fact, sir-I am a matter-of-fact man-I said expressly that, as I cast no imputations, so would I make no disclaimers.

I don't think it necessary at all to state my motives for action on this floor; and I shall not state them, now or at any time; and, not stating them myself, I cannot consent that they shall be stated for me by another, with whom, however much it may be desired, I am on no such footing of intimacy, or even of acquaintance, as to justify that other in stating my motives for me, or in describing the relations in which it is his pleasure that I shall stand towards any individual, however humble or exalted.

The Chair, said the VICE PRESIDENT, has bestowed its most deliberate and anxious attention, by night and by day, on the question of the extent of its powers, under a correct construction of these rules, and has settled in the conviction, that the right to call to order, on questions touching the latitude or freedom of debate, belongs exclusively to the members of this body, and not to the Chair. The power of the presiding officer, on these great points, is an appellate power only; and, consequently, the duties of the Chair commence when a Senator is called to order by a Senator. Whenever such a call shall be made, the chair will not be found unprepared I here state another fact; I wish my words to be taken, to discharge its only functions in such a case-that of de- now and always, such as they are, and for no more: my ciding on the point of order submitted. What the opin-motives will be judged by my acts. I think I know the ion of the presiding officer is, in relation to the freedom use of my tools, and I will not consent that the scalpel of debate, in this body, it will be time to declare, when a shall go beyond the very mark that I have made. In nine question may be presented; but, such as it is, it will be cases out of ten, I judge not by what a man says, not by firmly, and I trust I may add, fearlessly maintained. But, his mere words, but by the tone, the voice, the look, and I rejoice that the rules of the Senate, on a point so im- other circumstances; the mere words are of subordinate portant, gave to the chair no original power, and that it consideration. I rise only to say, that I came forward uncan exercise no control till called on by the Senate itself. der no such character as that which has been gratuitously It was right in itself, he said, in strict conformity to the imputed to me-and why? I reserve to myself the formaprinciples which had guided the Senate in the vote just tion of my own friendships and my own enmities, and I taken, that so high a power should be placed only in the trust that no gentleman will undertake to create for me custody of the body. The VICE PRESIDENT said he either the one or the other. In saying this, I can say with prided himself on his connection with the Senate; but it the utmost truth, that I mean nothing personally offenwas impossible that he should forget that that connection sive to the gentleman from Maine. I could say, if it were was created by the operation of the Constitution. In dis- necessary-but why is it necessary?-have we got to this, charging his duty in this seat, it would be unpardonable that no man can act here-can submit a motion without in him not to recollect, that he was placed in the Chair, prefacing it or larding it with periphrastical disclaimers of not by the voice of the Senate, but by that of the Peo- this bad motive, or that bad motive? Can we carry on the ple; and that to them, and not this body, he was ulti- machine of Government by no other way than by this fulmately responsible. Standing in the relation he did to some adulation? If I make a motion, let the motion speak the Senate, he had laid it down as an invariable rule, to for itself. If I utter an argument, let the argument speak. assume no power in the least degree doubtful; and to If I declare political hostility to any man on this floor, it confine himself to a just but firm exercise of the powers may be said-not in the very words of Tacitus-as Latin clearly delegated. In conclusion, he tendered to the Se-seems to be the very stumbling block of all our editors, nate his sincere acknowledgments, that, in rescinding the from Maine to Florida, I will therefore give it in Englishrale, such delicate regard had been paid to his feelings in "they who are false in their friendships, do not feign in the debate. Ample justice had been done to the industry their enmities." However much I might desire the friendand fidelity with which he had honestly attempted to dis-ship of the presiding officer of this House, that relation charge his arduous duties. Deeming himself called on by the debate that had taken place, to say thus much, in explanation, he begged the indulgence of the Senate for having done so; and resumed his seat.

never has subsisted between that gentleman and myself, personally or politically. I say so to take away that which does not belong to him any more than to me. The presiding officer of the House might not choose to have this

SENATE.]

Discriminating Duties.

[APRIL 18, 1826.

thing put on that footing. When I say this, do I declare with me, he shall never play fast again with me, that I can any personal or political hostility to him? Not at all. We assure him. The gentleman's expression of "understandmay at last become so extremely astute and diplomatic, ing" and "believing," and all that, has, at this time of as never to see the object before our noses; because we day, a very awkward sound in my car. There is more of are looking under it, or over it, or beyond it, to discover caution and circumlocution than comports with that gensome ulterior or latent meaning. If I had heard the words tleman, in matters of assertion, who talks of "understandof the gentleman from Maine-as no man on earth has any ing" and "believing" that one man stands in such a relaauthority to create for me friendships or enmities-Ition to another. I say, unhesitatingly, that I shall trust the should have noticed them; and I presume that they must notes of the note-taker in a question of that sort, sooner have been spoken while I had stepped out of the Senate. than the memory of the gentleman from Maine. It is a Before I sit down, permit me to add, in illustration of liberty which the gentleman from Maine never had any this subject, an anecdote which I heard lately: A gentle- right to claim, by any sort of relation subsisting between man, remarkable for the beauty and splendor of his do- us. I wish it to be so distinctly understood, and I rise main and establishment, was given to understand, by one here to notice it, because I am determined that it shall be of the friends of the King, (then Regent,) that it would so understood. Why did not some of my bosom friends not be disagreeable to his Majesty to pay a visit to the undertake to make friendships and enmities for me? They seat of that gentleman, and examine his fine grounds, and know me better. I have only one favor to ask of the genfine pictures, and all the rarities of that unique and sump- tleman from Maine-that, in pursuing the line of his duty tuous establishment; to which the other very dryly re- here, he will permit me to pursue the line of mine, withplied, that he was an English gentleman, and claimed the out impinging upon my course-for there is not a member privilege, as such, of inviting his own company to his own in this body whom I have less disposition to touch, in any house. I, said Mr. R., claim the privilege of forming my way, than the gentleman from Maine. own friendships and enmities, and shall not consent to [Here the conversation ended.] their being formed for me by any one else. I will not agree that any man shall place me in the relation of friendship to another, however desirable it might be; or that he shall place me in the relation of enmity to any other who does not stand in that relation toward me. As regards friendship, I have perhaps my peculiar opinions

"Friendship, like Love, is but a Name,
Unless to one you stint the flame.
The child, whom many fathers share,
Has seldom felt a father's care:

'Tis thus with Friendship-who depend
On many, rarely find a friend."

man,

Of the truth of this sir, I can speak in my quality of an orphan boy, left to make my way in the world as I might. Mr. HOLMES said he did not consider himself answerable for any thing which appeared in the newspapers of what he said here. He did not know why the gentleman should take up the paper and suppose it had given a correct report of what he said, when it did not profess to report what he said. If the gentleman would look at the paper again, he would see that it did not purport to give the words used by him. The gentleman from Virginia was in his seat, said Mr. H. when I made use of the remark referred to in the newspaper. [Mr. R. said he was not, or he should have heard it.] He was in his seat, I think, said Mr. H. as he replied to a part of the remarks which I then made, and that it was which produced an explanation of what I did mean. Mr. H. said he never thought it necessary to recur to newspapers. He recollected what he said, which was, that he was pleased that the proposition came from the quarter that it did: for he had understood and believed it was from the personal friend of the Vice President. These were his expressions.

Mr. RANDOLPH replied-if the gentleman disavows the words, I have nothing more to say. If he denies the words, there is an end of it. And, sir, while the gentleman was speaking I was absent-I went out while the gentleman was speaking. Let me observe, that I certainly must understand the evidence of my own senses, and what I heard or did not hear, as well as the gentleman from Maine could do for me. This is a further specimen of the gentleman's care of others who do not aspire to his good offices. I did say before, that, what I said was of fered in no offensive spirit to the gentleman from Maine. I shall not say that again. If once I make an overture of that kind, and it is repelled, I shall not renew it. I go further, sir: I suffer no man to play fast and loose with me. If the gentleman had disavowed his words, that was another affair: but, if that gentleman once plays loose

TUESDAY, APRIL 18, 1826.

On motion of Mr. VAN BUREN, the Senate took up the bill to alter the time of holding the terms of the Supreme Court of the United States; (from the first Monday in February, to the second Monday in January, annually.)

Mr. BERRIEN, after stating that a change of the time for holding the term of the Supreme Court would render a corresponding change necessary in holding the terms in the 6th circuit, (embracing the districts of Geor gia and South Carolina) moved an amendment to the bill-changing the term in Georgia from the 14th day of December to the fourth Monday in November, and that of South Carolina from the fourth Tuesday in November to the second Monday in December. This amendment having been agreed to, and no other being offered to the

bill

Mr. VAN BUREN observed, that the bill simply proposed to extend the term of the Supreme Court three weeks. The necessity for this, and all the reasons on the subject being so fully understood by the Senate, it was unnecessary to consume its time by stating them. The judiciary bill was now before the other House, and if this bill were passed and sent there, that House would have the whole subject before it.

The bill was then ordered to be engrossed for a third reading.

DISCRIMINATING DUTIES.

The Senate then proceeded to the consideration of the report made by Mr. LLOYD, from the Committee of Commerce, unfavorable to the petition of certain merchants, ship owners, and manufacturers, of the City of Baltimore. The memorialists set forth, "that Great Britain having lately opened the trade of her North American and West India Colonies, insomuch that not only are almost all articles admitted, but the trade of those colonies is accessible to all parts of the world, on far more favorable terms than those now enjoyed by merchants of the United States." "They, therefore, submit the propriety of abolishing the discriminating duties of 96 cents per ton, on British colonial vessels, and of 10 per cent. additional on the duties on their cargoes, and of admitting British vessels, from whatever ports, on the same terms as the vessels of the most favored nations."

The committee of Commerce, on the 31st ult. made a long report on the subject, comprehending an argumentative and historical view of it, to shew the inexpediency of legislating on the subject, and concluding their report

APRIL 18, 1826.

Discriminating Duties.

[SENATE.

as follows: "From all these views, which might be ex-mercial subjects. In fact, we do not now differ on the getended, and from the Committee having reason to believe, neral subject. We only differ as to the best mode of obthat an adjustment of the commercial intercourse between taining the same object. the United States and the British Colonial possessions The first point made in the report is, "that a just reforms one of the special and prominent objects which ciprocity does not exist," "inasmuch as our merchants have been committed to the Minister of the United States must pay the colonial duties in cash, whilst the British at the Court of London; that a corresponding desire to merchants have a credit of six and nine months on the duarrange it on a satisfactory footing, appears to exist on the ties on their cargoes arriving in the ports of the United part of the British Government; and that the negotiations States." respecting it are expected to come to a definitive issue, Those, sir, are municipal regulations adopted by each before the next session of Congress; the committee, al-nation for its own convenience, and against this difference though fully agreeing with the Memorialists in the wish we have never complained. Great Britain has always exto cultivate and extend the trade in question, which they acted cash for the duties imposed by her. But in cases trust may be done to the mutual advantage of the parties where the duties are very high, she has (to facilitate the concerned in it, are still unanimously of opinion, that it is importation,) given the privilege of depositing the artinot expedient, at this time, to legislate on the subject; cle in the public warehouses (as for instance, tobacco,) and, therefore, asked to be discharged from the further paying only the duty thereon, as drawn out for consumpconsideration of the memorial."

Mr. SMITH, of Maryland, addressed the Chair as follows:

tion.

Mr. PRESIDENT: The motion is to discharge the Com-to mittee of Commerce from the further consideration of the Memorial of the Merchants of Baltimore, which prays that British ships may be admitted from the Colonies of Great Britain, on payment of the same duties of tonnage and impost as are levied by law on the vessels of the United

States.

That subject had engaged much of my attention during the recess, and I had come to the conclusion, that the United States had acted against its own interest, in not having declared the Colonial trade in British ships free of discriminating duties; and soon after the commencement of the present session, I had conversations with the Secretary of State and the President on the subject.

Her warehousing system has been extended in like manner by her late acts, to the free ports of her colonies, which a free trade has been opened for our produce and our manufactures, (with a few exceptions which I shall notice,) on which the duties may be paid, or they may be deposited in the public warehouses, where they may remain for two years-no duty payable unless drawn out for consumption; during that period, they may be sold, either in whole packages, or opened and sold in such parts, as may best suit the purchaser, for making up an assorted cargo for the new States. This mode gives a great facility to commerce, and may induce our own merchants to make up their cargoes for that commerce from Jamaica. In fine, if we do not adopt a similar system, our commerce must suffer. Under our drawback system, we can only ship in the original packages; we, therefore, cannot prepare our cargoes properly for the market; if we break a package we lose the drawback, which amounts to a prohibition to the export of the articles. In fact, Mr. President, the British Government are playing a great game. They understand the subject, and unless met by a similar liberal policy, on the part of other nations, they will monopolize the commerce of the world.

The second point made by the Committee, is, "that bonds are required for the landing of the return cargo in a specified port of the United States."

That, sir, was the case formerly, but is not now in existence; the 16th section of the act of 5th July, 1825, designates all that is requisite, on exportation from the Colonies: no bond is now required. [Here the section was read.]

In fact, Mr. President, the 4th section of that act permits our vessels, (if our restrictions shall be removed,) to export goods from the Colonies, "to be carried to any foreign country w atever."

I believe, Mr. President, that there is no difference of opinion; that all who have considered the subject, agree that our discriminating duties ought to be repealed," as far as they relate to the subject before us; the only difference is the manner. The Committee of Commerce think it better to be done by negotiation. Others think that it can be effected by an act of Congress, which shall meet at once, and without delay, the very liberal offers of Great Britain, made by her act of Parliament of the 27th | June, and her two acts cf 5th July, 1825. In this last mode I most fully concur; we know what we mean when we act by law. All the branches of the Government then concur, and our acts go into execution without delay. Whereas, if we wait for negotiation, we know not whether instructions have yet gone, nor when the negotiation will terminate. Of this we are certain, that a convention, if made with Great Britain, could not be acted on by the Senate before the next session; in the mean time, our Merchants are paying to the Colonial Treasuries from fifty to sixty thousand dollars per annum. On whom does this The third point made by the Committee, is, "that an tax fall? On the Agriculturists: for the Merchant must export duty of 2 per cent. is imposed on the return cargo charge what he pays on his commerce; and every charge to the United States." This is an error, I presume. The of the kind must be a deduction from the price of the ar- late Secretary of State complained of an export duty of ticles he purchases. It is that great interest of our coun- 4 per cent. levied on goods shipped from the colonies in try, that we are most particularly bound to protect and as-vessels of the United States, and not payable in British sist. The farmer and planter, at this time, require every ships. That was a strong objection, if it could have been aid that can be given, by lessening charges that may ex-sustained. It was an error, however; at least, it has so ist, and by reducing the duties on such articles as enter in-appeared to me. That act passed in Parliament many to the consumption of every family, and thereby lessen years past, at a time when no vessels from any foreign their family expenses. The middle or grain-growing country were admitted; of course, the export duty of 4 States, have now few markets for their produce, and the per cent. could not attach to any but British subjects. It demand is small. It is my duty to attend particularly to did not affect us until our vessels were admitted, and then that interest-in doing so, on the present occasion, I shall (both parties paying the same duties) took from us all also, (if I succeed,) facilitate the merchant and ship own- fair cause of complaint. The duty, in fact, fell on the er in their occupation. planter;..got just so much less for his sugar, the price Mr. President: Before I proceed to take a general view of which would be regulated by that of the neghboring of the subject, I think it best to examine the report of the Islands. Jamaica protested against that export duty, as Committee of Commerce. I have very seldom differed contrary to her charter; and as the reason assigned for with the very able Chairman of that Committee on com-levying that duty, was, that England paid the expense of

VOL. II-38

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the troops for the defence of the Island, the Colonial Assembly agreed to pay those troops; and no export duty has since existed in Jamaica. In some of the Windward Islands, the duty is payable; in Trinidad it is not. The American will only subject himself to its payment at his pleasure; he can take the proceeds of his outward, and go elsewhere for his return cargo. The British cannot for foreign sugars are not admitted for consumption in Great Britain.

The fourth and fifth points made are: "That an American vessel arriving at a bad market, cannot proceed to another Island without paying double duties, and that onerous and heavy duties, and colonial fees, are exacted." It is true, sir, that onerous and heavy duties, and colonial fees, had been exacted in the Colonies, and operated as stated in the report, and it is equally true, (as the report says,) that they were highly reprobated by Mr. Huskisson in his speech. That great man and his colleagues form the most able, the most wise, and the most useful administration, that has ever existed in Great Britain-they are doing great good to commerce, great and useful service to the nation, and opening the eyes of the world to the advantages of a free trade; and, sir, Parliament has freed the commerce of the Colonies from almost all the shackles imposed upon it. None of those onerous duties on navigation, or Colonial fees, now exist; all have been repealed, and the Custom House Officers are now paid by fixed salaries. If we repcal our alien duties, our vessels will only have to pay the moderate duty of six cents per ton, and they will not have to pay that, at more than one port-that is, if they remain only 24 hours to inquire the market at one port, and proceed therefrom to another.

The sixth point made is, "that heavy duties are imposed on articles imported into the Colonies from the United States, when no duty is imposed on similar articles, if imported from the North American Colonies ;" and the report might have added, that those articles paid no duty, if imported from Great Britain or Ireland into the Colonies.

That point was the great cause why the United States did not repeal (as to the Colonies) its alien duties; it was that which induced the United States to refuse to the Colonies the sanie free intercourse that had been accorded to the mother country. Our Government, in the negotiation, insisted, that there should be charged the same duty on the flour (to take one article) of Great Britain, Ireland, and Canada, as would be payable on the same from the United States. Mr. Canning thought it unreasonable to expect that a duty paid on foreign produce should be charged on their own, passing from one of the British ports to another, and said, that Great Britain has the same right to complain (but she had not) that her Colonial sugar, when imported into the United States, has to pay a most heavy duty, when the sugar of Louisiana is free from duty. Whatever, sir, of argument we might have had whilst the Colonies were considered as such, it is now taken from us. The possessions abroad (as they are now called) are considered as integral parts of the British Empire, and of course, we cannot complain, that Great Britain refuses to revert back to feudal times, and exact duties on goods going from one part of the Empire to another. I will, perhaps, advert to this subject in the general view I mean to take. The fact is, Mr. President, that, by refusing to open our ports (as we ought to have done) under the act of Parliament of 1822, we have lost the monopoly which that act gave us, and have compelled Great Britain, in self-defence, to open the Colonial ports to all the world, and we now have to compete with Hamburg, Bremen, and other parts of Europe. Can we do so, if we, by our own folly, continue on our navigation the extra duty of 94 cents per ton, and the 10 per cent. additional to the duties we have to pay, whilst

[APRIL 18, 1826.

other nations pay no such charges? It is in our power, by an act, to relieve our commerce and navigation from those burthens, and the sole question is, shall we do so, or remain eight or nine months, until a long negotiation, on that and other subjects, shall terminate

The Committee say that the memorialists have stated, "that the Colonial ports were closed in mid winter to the vessels of the United States, under the construction of an act of Parliament, of July, 1825," which construction the Committee say, is now admitted, even by the British authorities, to have been erroneous. The act of Parliament will best speak for itself. The act appears to me, in the most positive manner, to close the Colonial ports on the 5th January, 1826.

Section 1. "That, from and after the 5th January, 1826, this act shall come into, and be, and continue in full force and operation, for the regulating of the trade of the British possessions abroad.”

"Section 4. And whereas, by the law of navigation, foreign ships are permitted to import into any of the British possessions abroad, from the countries to which they belong, goods, the produce of those countries, and to export goods from such possessions, to be carried to any foreign country whatever; and whereas it is expedient that such permission should be subject to certain conditions: Be it therefore enacted, That the privileges thereby granted to foreign ships shall be limited to the ships of those countries, not having Colonial possessions, which shall place the commerce and navigation of this country and its possessions abroad, upon the footing of the most favored nation."

Mr. President, the United States have not placed that commerce and navigation upon the footing of the most favored nation. In consequence, the ports of those possessions were about to be closed, but have been kept open, through the intercession of the British Minister and the request of the officer sent out from London by the Customs, until the British Government shall give orders on the subject. But how are they open? Why, by our paying the enormous duty of 94 cents per ton, &c. on our vessels, and I shall not be much surprised, if they should consent that they should be kept open, by order of Council, forever, on those terms. We pay to their revenue 190 dollars, when they pay to ours only ten. It is simply a financial operation.

I have been told by a high officer of the Government, that the act of Parliament of 5th July, 1825, prohibits the importation of certain articles of our produce and manufactures into those possessions.

Well sir, that is true. But it is a curious coincidence, that the United States do, by prohibitory duties, exclude the importation of the same articles into the United States. What are they? Gunpowder, Arms, Ammunition, or utensils of war. Well sir, our duties effectually prohibit them.

Beef, fresh or salted Pork-these also are prohibited by our high or prohibitory duties.

Tea.-Well, sir, Tea is not the produce of Great Britain or her possessions abroad, and, of course, is prohibited to any foreign nation.

Fish, dried or salted, Train Oil, Blubber, Fins, or Skins, the produce of creatures living in the sea.

These are a list of the articles, the importation of which is prohibited to the British possessions abroad, and equally prohibited from importation into the United States by our prohibitory duties. Now, sir, I will ask a question. Suppose Great Britain was to make this offer? Great Britain will repeal her prohibitions on condition that the United States will repeal her prohibitory duties: believe I risk little in saying that the answer would beNo, we will not.

I

Mr. President, the Chairman, (Mr. LLOYD,) made an able report against the memorial of certain Merchants of

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Baltimore, who prayed that the duty on dried fish might be reduced, to enable them to make up their cargoes for South America. Sir, Maryland could not consent to a repeal of those prohibitory duties; she has extensive fisheries. I think there are about one hundred thousand barrels of shad and herring, and ten thousand barrels of pork annually inspected in Baltimore. Not the pork of Maryland, but of Virginia, Ohio, Pennsylvania, and Maryland.

I will now proceed to a more general view of the whole subject. I will take up as little of the time of the Senate as I can possibly avoid.

For a correct understanding of the causes which have intervened to check a free commerce between the United States and the British colonies in America and their West India Islands, it may not be irrelevant to revert to certain occurrences, and to make some introductory ob

servations.

The Eastern States own nearly one-half of the shipping of the United States; they have little of their own produce, comparatively, and therefore are compelled to seek employment in the Southern States, and elsewhere, for their ships. Their merchants, in consequence, look attentively to every thing that relates to navigation.

[SENATE.

1822, as a consequence of the act of Parliament referred to, by which the ports of the United States were opened to British vessels trading between those colonies and the United States, and a circular unfortunately issued from the Treasury, dated 24th September, following, directing that the alien duties on tonnage, and light money of 94 cents, and the ten per cent. additional to the duties imposed by law, should be levied on British vessels arriving from the colonies aforesaid. The British Government retaliated, and charged in their colonies a tonnage duty of 94 cents, and 10 percent. in addition to the duties; charges never made before. Both our and their alien duties operate solely as revenue ; under which we pay ten where they pay one. The proclamation did not direct the alien duties to be charged; and the Collector of Eastport did not charge them, (being advised by counsel that he could not,) until he received the Treasury circular. The Treasury charged his account therewith; and Congress re-, lieved him at the last session.

Commerce and navigation are considered by many as one great whole; but you know that they are separate On the 1st March, 1823, Congress passed an act, reand distinct interests, however nearly allied. Commerce ciprocating the act of Parliament, "on the condition that can exist without the nation being its own carrier, but no higher or greater duties of imposts or tonnage were certainly not with the same advantages, activity, or enter-imposed on vessels of the United States, than on vessels prize. of their own or their cargoes; and no other charges of any kind on the one, than on the other; giving full au thority to the President to issue a proclamation conformably thereto." No proclamation, however, has been issued, nor any step taken, except in a circular from the Treasury to the Collectors, dated 25th August, 1823, which simply confirms the payment of the alien duties on British vessels entering from any of the colonies aforesaid! An open trade has continued ever since; and British vessels from these colonies are admitted into the ports of the United States under the proclamation of August, 1822, notwithstanding that the vessels of the United States are subjected to higher duties of imposts and tonnage, than are payable by British vessels.

The Southern States having the great and valuable articles of export, are more attentive to commerce; it is not of such vital importance to them, whether their produce is carried by the vessels of the one or the other nation.

In the year 1802 or '3, I introduced a resolution into the House of Representatives on the principles of the act of 1815. The members from Philadelphia, and from the cities to the Eastward, concurred with me; but the merchants and ship mechanics of those cities opposed the measure unanimously. When, from Baltimore Southward, it was as generally approved. I mention this fact to show how the two interests clashed on that occasion. The treaty of Amiens opened the eyes of the ship owners to their true interest; their ships could not get a bale of cotton, on freight, at Charleston; whilst the British ships were filled immediately.

In 1815, I proposed the subject again, and an act passed with little opposition. Upon that act was bottomed the Convention of London, by which, you know, that all duties, tonnage, and charges, on trade between the British possessions in Europe and the United States, are made the same, whether in the ships of the one or the other nation: a rational trade with the East Indies was accorded, whilst the trade with the West Indies was left, as it had been, restricted. In 1817, Great Britain offered their free port acts of 1805 and 1808; they were insidious and were declined.

Permit me to take a view of the act of Parliament, to see whether its operation is such as to ensure to British ships an undue proportion of the carrying trade between the United States and the colonies alluded to in the act.

That act opens to the vessels of the United States certain ports, in which certain specified duties are charged on articles of the United States, "whether the same be imported direct from the United States in British or American vessels; or circuitously in British vessels, from the European possessions of Great Britain." But no duty whatever is imposed on similar articles, the produce, &c. &c. of Great Britain or Ireland, or of the North American colonies. Thus the flour of Canada, Great Britain, and Ireland, and the lumber of the colonies, may be imported free of duty. The duty on a barrel of flour in Jamaica, is $1 05, which is equal to the freight and insurance from any port in the United States. It is probable, however, that the freight from Montreal and Quebec may cost more. In addition to this difference, our vessels pay the alien tonnage duty of 94 cents; a charge of about 10 cents per barrel, which, with the ten per cent. additional

In June, 1822, an act was passed by Parliament, open-duty, makes a charge of 15 cents per barrel on fleur, ing the trade of their colonies in America and their West India Islands to the United States, on terms more liberal than any heretofore offered, yet reserving material advantages.

when imported in an American vessel, more than would be payable, if imported in a British vessel from the United States. If we had not charged the alien duties, they would not have imposed their retaliation; and the only In anticipation of that act, Congress passed a law on thing we could have complained of, as to that article, the 6th May, 1822, "that, on the President's receiving would have been, that the flour of Great Britain and of satisfactory evidence that the ports in the Islands or colo- Canada is admitted duty free, whilst ours paid $1 05 nies of Great Britain have been opened to the vessels of per barrel. Great Britain, it is known, exports little of the United States, the President may declare the ports her own flour to the West Indies, but actually supplies of the United States opened to British vessels trading to them with our flour, which is imported into Liverpool, and from the colonies, subject to such reciprocal rules and warehoused for exportation. The Canadas can only and restrictions, as he may make and publish; any thing export during six months in the year; they actually exin other acts to the contrary," &c. &c. The President is-port none to Jamaica. The Islands are generally sup sued his proclamation accordingly, dated 24th August, plied from the United States, either direct, or with our

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